A court issued a temporary injunction for a student to continue attending the private school’s gymnasium (middle school) where he was already enrolled, despite the opposition of the school’s director.
The parents of a child on the autism spectrum sought legal recourse to keep their son in the private school he was already attending. This was because the school considered it impossible for the child to be present in the gymnasium classes, a claim that the parents successfully disputed in practice.
Let’s take it from the beginning.
In November 2022, when the previous school year was still ongoing, the parents of the student (whose full details are available to NEWS 24/7) submitted an application for their son’s enrollment in the next grade. The first rejection from the school (Synchroni Paideia in Vyronas) came as a shock to them, as it was clearly stated that the child’s inability to follow the curriculum was the reason.
The reasons for the child’s rejection were sent to the parents in writing in December 2022. However, to their credit, the parents persisted because they knew that the best choice for their son was to continue in a familiar school environment where he had developed remarkable social skills and unique abilities.
After a significant amount of time passed without a response, the school sent an email to the child, informing him about the tuition fees for the next school year. Therefore, the parents assumed that the school had changed its position. However, in June, the school reiterated its refusal.
The Ombudsman’s Intervention:
The parents promptly informed the Ombudsman for Children about the situation. After reviewing the case, the Ombudsman sent a letter to the school (protocol number 337845/33408/2003), the central conclusion of which was that the child could continue his studies in the gymnasium, as it was in his best interest (in accordance with Article 3, paragraph 1 of the United Nations Convention on the Rights of the Child).
Moreover, Law 4074/2012 explicitly states that member states must take all necessary measures to eliminate discrimination on the basis of disability by any person, organization, or private company.
The school persisted in its refusal to the Ombudsman in late July, claiming that it did not have the capacity to provide learning support for the child. They even cited the non-binding opinion of KEDASY (Center for Special Education and Psychological Support), which had never been requested by the parents before, as the parents allege.
There was no other option but to resort to the judiciary, which, albeit belatedly, issued a temporary injunction allowing the child to attend his favorite school.
Specifically, on September 6th, the court issued a temporary injunction, stating that “the school must temporarily accept the application for the enrollment of the child of the applicants until the hearing of the application by the appointed court.”
Two days later, the parents received a notice from Synchroni Paideia, requesting them to provide a series of documents regarding the “special assistants” (note that these assistants are paid for by the parents) before their child can be accepted into the school!
How the parents will gather all these documents over the weekend for their child to attend school on Monday is unknown. The school, in response, emphasized that the child should attend a special school and that the educational process in the gymnasium is entirely different. It is important to note that if the court makes a different decision in December, the student will have to change his school environment.
NEWS 24/7, as required, gave the floor to the school’s director, Charalampos Kyraïlidis, who told us that they will accept the student as decided by the court, temporarily, and will do their best until the trial takes place.
In the end, as always, the conclusion belongs to the reader. The important thing is that the family was vindicated in court despite the obstacles, and the child will continue in the same learning environment, at least temporarily.
However, the child’s educational specialist, in a pedagogical report in April 2023, wrote that “the student is consistent, cheerful, fully adapted to the class environment, beloved by his classmates, and has a supportive interdisciplinary team alongside him.”
In the end, as always, the conclusion belongs to the reader. The important thing is that the family was vindicated in court despite the obstacles, and the child will continue in the same learning environment, at least temporarily.
Source: News 24/7
