The disabled girl missed time and missed her graduation by a single point. The court dismissed her lawsuit against the ministry

The lawsuit was against the Department of Education, which denied the request for review. However, the municipal court in Prague found the department in the right on Thursday.

“The plaintiff does not dispute the point assessment itself, and the entire procedure is blamed on the counseling facility. However, the court is of the opinion that the process of issuing recommendations precedes the matriculation exam and does not form part of it,” stated judge Jaromír Klepš.

The pedagogical-psychological counseling office attributed to the girl a 25 percent increase in time for the matriculation tests from the first matriculation term. At the same time, it is possible to increase the time for processing the test by up to 50 percent.

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Before her last third attempt to pass the matriculation exam, the girl sent a request to the counseling office for a new assessment, but it was rejected. There was no explanation of where to appeal the decision, which should automatically be part of the answer.

These children think differently, they need more peace for the test. They have the knowledge, but their brain is hunting them elsewhere

After failing an exam, a girl suffering from Di Georgo syndrome asked the Ministry to review the circumstances surrounding the adaptation of the matriculation exam conditions to her specific educational needs. But the resort refused.

A lawyer for the department argued in court that the agency did not have the authority to review the advisory board’s decision. “He can assess the factual correctness of the tasks, if the assignment is unclear, or if the prints are bad,” he defended the decision.

The Supreme Administrative Court could clarify the decision

The plaintiff’s lawyer, Klára Dvořáková, stated that the girl’s health does not allow her to fully orientate herself in procedural matters and defend herself. It also recalled international conventions for the protection of persons with disabilities.

“We want to ensure that she has the chance to make a third matriculation attempt again and under appropriate conditions,” Dvořáková told Novinkám a Práva, adding that they will still discuss filing a potential cassation complaint with the Supreme Administrative Court.

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The girl’s father, Tomáš Jelínek, described that the syndrome causes his daughter problems with her immune system and heart, that she has fused vertebrae and one of her hands does not work properly.

“He has problems with attention, but also with his psyche. These kids think differently, which is devastating for tests. They need more peace for that. They have the knowledge, but their brain is hunting them elsewhere,” he described to Novinkam a Práva.

The lawsuit was also based on the verdict of the Supreme Administrative Court from 2014, according to which not only the result of the matriculation exam, but also possible violations of legal regulations and other serious deficiencies “which could have influenced the proper course or result of the exam” should be reviewed in the framework of the matriculation complaint. .

“It would make sense to file a cassation complaint so that the Supreme Administrative Court could clarify its earlier decision, which we relied on. The municipal court has now said that the ministry can only review circumstances that occurred during the exam and not before. However, the Supreme Administrative Court did not set any such restrictions in its decision-making practice,” Dvořáková told Novinkám a Práv.

She already had the talent cards ready

According to her, the girl’s right to education was cut short. She has already been conditionally admitted to a higher vocational school with a focus on art, but she cannot enter without a high school diploma, for which she has already exhausted all attempts.

“My daughter was successfully integrated in primary and secondary school. When she was doing her study paper, they increased her time by 50 percent. And suddenly, at graduation, the system started treating her differently,” said Jelínek.

According to him, the daughter will never work full-time, but in the future she could use her artistic talents. “These children probably wouldn’t even have to do the high school graduation. She passed the talent tests. But now everything has hit the wall of the bureaucratic system, when no one is responsible for anything,” wondered Jelínek.