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The lawyer Alina Roșca, a double law graduate, both in Romania and in England, informs parents of preschool and school-age children in Romania that they may respond with a prison sentence or a criminal fine if they unjustifiably choose not to take their children to the school. to which they are registered.
“Article 16 of the Education Law specifies that compulsory general education consists of 10 classes and includes primary and secondary education. The same article of the legislation specifies that the large group, within the educational institution of children between 3 and 6 years, it is compulsory from this year, the middle group will be compulsory from 2023 and the small group will also be compulsory from 2030. Thus, we draw attention to the fact that the withdrawal of the child from general education Compulsory (including the large group within the institution for the education of children between 3 and 6 years old) may carry criminal penalties for committing the crime of preventing access to compulsory general education, provided for in art. 380 of the Penal Code and sanctioned with imprisonment from 3 months to 1 year or a criminal fine ”, underlines the lawyer Alina Rosca, from Rosca Law Office, after many questions received from parents in the period before the start of the the school year.
“Exceptions to these provisions are the cases expressly provided for in the Order approving the measures for the organization of activity within educational units / institutions under epidemiological safety conditions for the prevention of SARS-CoV-2 virus diseases. ”Adds the lawyer.
However, the lawyers say that in the process of evaluating the reintegration of children in the educational process, parents must also take into account the rigors of the law, not just fears and concerns about health: “I received hundreds of questions from parents about the legal options available to them to protect their children without affecting their access to education. Every parent does whatever they think is best for their child, but we warn everyone that from a legal point of view, only freezing the school year is an accepted option to keep the child out of school or kindergarten. . More precisely, in Romania, many unmotivated and unjustified absences can lead to the expulsion of the child, online education can be done only where the institution allows this kind of learning and the home education system is not one of those recognized in our country.”, Explains the lawyer Alina Rosca, who questions a legal breach that distance education may have in Romania.
According to art. 32 of the Constitution, the right to education is guaranteed through compulsory general education, through secondary and professional education, through higher education, as well as through other forms of instruction and improvement, which is the first indication of illegality and impossibility of educating the child in the system. called homeschooling.
“Even if Romanian schools, at the pre-university level, do not have the option of distance learning (only for cases where this is required and not if the parent unreasonably wishes this option), the parent can opt for schools abroad that have an international license. for distance learning, online and by mail. The so-called “umbrella schools” also accept children of Romanian nationality and grant, from a legal and academic point of view, a transcript and diplomas at the end of the educational cycle. Therefore, the father is “covered” and the son benefits from official graduation documents.”, Reveals the lawyer Alina Rosca one of the possible variants of homeschooling.
“Although we no longer have a controversial statement on parental responsibility that had to be taught on the school day, parents must remain responsible and not send a child who may be infected or have worrisome symptoms to school. In this sense, parents should assess the child’s temperature and health on a daily basis and be prepared at all times to remove their child from school at the slightest sign of one of the possible symptoms of Covid, no matter how harmless or seemingly harmless. they were common before the establishment of the pandemic, ”emphasizes attorney Alina Rosca.
From a legal point of view, the responsibility for the spread of the Covid 19 virus among students may lie with the educational institution, but also with the parents, even if they no longer have to complete their own declaration:
Although the parent is no longer directly responsible for their statements, it must be taken into account that, if the epidemiological investigation shows that they had a case of COVID 19 infection in the family or in the immediate vicinity, the responsibility can no longer be avoided. . At the same time, if it turns out that a child has contracted this virus at school and the parent has not been informed that there is a confirmed case at school or hygiene rules have not been followed and the class and even the school are not they have closed for this reason, so the responsibility falls on the school principal, the medical staff (if any) and the other people who have responsibilities to prevent the spread of the virus, ”warns lawyer Alina Rosca.
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