Violence against children in educational institutions

1. Violence against children in educational institutions State Education Quality Service Senior expert of the Legal section of the Rights monitoring department AijaStudente 9th October, 2017

2. Section 20 of the Education law (1) Compliance with this Law, the General Education Law, Professional Education Law, Law On Institutions of Higher Education and other regulatory enactments related to education shall be controlled by the State Service of Education Quality. (2) The State Service of Education Quality is an institution subordinated the Ministry of Education and Science. Its functions shall be prescribed by the by-laws approved by the Cabinet.

3. (3) The State Service of Education Quality shall: 1) control compliance of the educational process with this Law, other laws and regulatory enactments governing education; 2) analyze the activities of educational institutions, draw up proposals for amendments to regulatory enactments and for improving the work of educational institutions; 3) in cases when violation of laws or other regulatory enactments has been determined, make proposals to the employer to impose disciplinary sanctions for the head of an educational institution or the teacher, or terminate the employment contract entered into with him or her; 4) impose administrative sanctions in accordance with the procedures and in the cases prescribed by law;

4. 5) in cases when the health or life of the educates is in danger, as well as for other violations of the law, temporarily suspend, while the founder of the educational institution has not examined the relevant matter and taken a decision, the orders of officials and relieve the officials from performing duties; 6) issue certificates for the commencement of a pedagogical private practice, as well as extend their term or revoke them, in accordance with the procedures stipulated by the Cabinet.

5. Safety of school children – one of the SEQS’s priorities Education law, Section 55: An educatee has the right to safe circumstances for life and health at an education institution and the organized events thereof; Section 50 of the Education law and Section 72 of the Protection of the Rights of the Child Law Restrictions for teachers and education institution technical workers to work at institutions, where children are staying From year 2015, Previously convicted person assessment process, to ascertain, if a person working as a teacher won’t harm the educatees interests

6. Established restrictions for teachers (Section 50 of the Education law and Section 72 of the Protection of the Rights of the Child Law) The following persons may not work as teachers: • a person who has been punished for committing an intentional criminal offence (regardless of the criminal record having been set aside or extinguished); • a person whose capacity to act is limited in accordance with procedures prescribed in regulatory enactments; • a person who does not have a document that attests to command of the official language at the highest level (at educational institutions established by the State or local governments); • a person who has been deprived, by a court decision, of the right of custody; • a personwho have been convicted of criminal offences that are related to violence or threats of violence ; • A person who have been convicted of criminal offences against morals and sexual inviolability; • a person to whom the court has applied the compulsory measures of a medical nature laid down in The Criminal Law.

7. Assessment of previously convicted persons • A committee assembled by the State Education Quality Service assesses, if a person, who has been convicted for an intentional criminal offence or a less heavy crime, would be allowed to work as a teacher, would it harm the interests of educatees. • The State Education Quality Service’s committee is not eligible to assess persons, who have been convicted for heavy and particularly heavy crimes. • Persons, who have been convicted for heavy and particularly heavy crimes, cannot work at educational institutions. • The manager of the institution has a duty to request information from the Ministry of the Interior Information Center’s Punishment Register, in order to ascertain the person’s compliance with the requirements that are stated in the Education law and the Law on the Protection of the Children’s Rights.

8. Must be taken into account What to do, if a person has been convicted for: • administrative violations mentioned in LAVC* Section 155 paragraph 3 and 4, 167.2, 172., 172.1, 172.2, 172.3, 172.4, 172.5 and in Section 173, • or an intentional criminal offence, that has not been mentioned in PRCL* Section 72 paragraph 5 points 1 and 2 The manager of the education institution has to evaluate and, if the particular person doesn’t endanger child safety, health or life, allow to work in that education institution. This has to be done in written form. * Latvian Administrative Violations Code ** Protection of the Rights of the Child Law

9. Safety of school children – one of the SEQS’s priorities Conclusions drawn from inspections: A schools inner regulations often do not state and children don’t know, how to act if, they see someone’s actions as a threat to their or others safety; the manager’s course of action isn’t stated in cases, when it is recognized that there is physical or emotional violence against an educatee.

10. Children safety and violence issues mentioned in complains In 2015, from all reviewed parent and children complaints 5,2% (57) of the issues were connected to violence Among them: 68% concerning the teachers emotional and/or physical violence against a student In year 2016, from all the issues mentioned in the submitted applications 6,3% (65) were connected to violence Among them: 57% concerning the teachers emotional and/or physical violence against a student

11. Parent questions via the assistance of the media 1) The school’s management, teacher, or a lector invited to the school is publicly shaming children because of their look or clothing (public, scornful reproaches to students about their clothing; the principal is publicly reproaching a boy for «wrong pants») 2) A teacher is using humiliation, physical, emotional violence as a means of teaching discipline; (taping the mouth shut, a homework for 3.rd grade children to research the meaning of a rude word, a teacher intentionally steps on the legs of girls sitting in the hallway) 4) Several cases in 2017 – emotional and/or physical violence in preschool educational institutions (rude swearing, the teacher hit someone) 5) Parents from the Latvian Autism Association have informed about cutting off earphones and forbidding to wear hoods in break time

12. Problems and solutions 1. Preventive work – know, how or what to do in certain situations for a principals, teachers and students Develop guidelines and a course of action and introduce them to everyone! 2. School cooperation with the respective agencies CRPI*, SEQS, police, social service, family court, local government, etc. 3. Problem – management of the educational institution (local government) ignores the child, parent questions, information about the teachers emotional and/or physical violence, doesn’t dismiss, break off the legal work relations even after proven cases; 4. Problem – part of the parents support violence as means of discipline and request to keep the teacher employed. * Children Rights Protection Inspectorate

13. ESF project No.8.3.4.0/16/I/001«Support for reducing early school leaving» Risks of early school leaving (ESL), including Social relation risks(2014 research by the Baltic Institute of Social Sciences, requested by the Ministry of Education and Science): disagreements (conflicts) with teachers, school workers (48% - substantial risk for 7-9th grade students, 47% - substantial risk for 10-12th grade students). Reason for ESL (2015 research by Ltd.„Aptauju Centrs” and Ltd. „Excolo Latvia”, requested by the Ministry of Education and Science): 17% - bad relationship with the teachers. Support of the project will be given to: teacher professional development process; development of methodic materials; Additional consultations for school support personal, conflict solving, including conflicts between students and teachers.

14. Thank you for your attention! State Education Quality Service Zigfrīda Annas Meierovica avenue 14, Riga, LV-1050 Phone +371 67222504, fax +371 67228573, e-mail: ikvd@ikvd.gov.lv, www.ikvd.gov.lv Twitter account: @IKVD_gov_lv Hotline number: +371 67358075 (auto answer)