The young man found a three on his report card last summer. The school justified the grade by saying that the student, who was still a minor at the time, not only drank alcoholic beverages at a school event, but also served them to children under the age of fifteen. The father first complained to the school, and when he was unsuccessful, he turned to justice.
However, the Prague Regional Court dismissed the lawsuit, referring to the fact that the father does not have the right to demand a change of grades on his own.
“The request to review the assessment results in the case of a minor student is submitted by the student himself, represented by his legal representatives. Therefore, it is not possible for the legal representative himself to be the subject of the review of the evaluation results. It is also significant that the plaintiff filed the lawsuit at a time when his son was already an adult,” the court wrote.
The Austrian student failed in mathematics. She sued the school
The father did not agree with such an explanation and filed a cassation complaint with the Supreme Administrative Court, where he asserted his right to fight for his son’s better grades. However, the Senate headed by Ondřej Mrákota rejected his complaint.
The judges reminded that the right to education belongs only to pupils and students, not to their legal representatives. “If the pupil is a minor, the legal representative exercises his procedural rights, but only on behalf of the minor pupil. This means that even if a parent submits a request for a review of the assessment, he is only acting on behalf of the minor student, and not on his own behalf,” reads the verdict of the Supreme Administrative Court.
The judges then reminded again that at the time when the father filed the lawsuit in his own name only, his son was already an adult. It follows that only an adult son could exercise his rights before the court.