How to proceed in case of parental disagreement during school enrollment

Choosing a School and Parental Disagreements

In other words, the choice of school is in the hands of the parents, and if a non-catchment school has enough capacity to accept a pupil with permanent residence outside its district, it may do so. Ideally, parents will agree on a school for their future first-grader or reach an agreement before enrolment. But what if they don't?

With the current high divorce rate, situations arise where parents simply cannot agree on (among other things) the choice of primary school and are unwilling or unable to reach a compromise. However, disagreements over the choice of school can also occur within a marriage, where each parent may have a different idea about their child's educational path.

Court Resolution: Motion to Substitute the Consent of the Other Parent

The issue of school selection in cases of parental disagreement was addressed by the Regional Court in Prague in its decision Ref. No. 28 Co 158/2013 of 18 April 2013 (the "Decision"), in which the court stated, inter alia, that if parents cannot agree on which primary school their child will attend, the parent who proposes to enrol the child in the catchment primary school should file a motion with the court to substitute the consent of the other parent for the submission of the application for enrolment in the primary school, with sufficient time in advance so that a court decision substituting the consent of the disagreeing parent is available at the time of enrolment in the first grade of primary school.

Therefore, if parental disagreements persist in such a significant matter as starting primary school, or if one parent bypasses or intends to bypass the other in this decision-making, the only recommendation is to turn to the court pursuant to Section 877 of the Civil Code with a motion to substitute the consent of the other parent for the submission of the application for enrolment in primary school.

The competent court is the district court in the district of the minor's general court, and the court will appoint a guardian for the child for these proceedings. If the court grants the parent's motion, the operative part of the court's decision typically states that consent is granted on behalf of the other parent for the submission of the application for enrolment for compulsory schooling at the primary school. Although in matters of court care for minors the court decides with the utmost expedition, these steps must be taken in a timely manner so that a court decision substituting the consent of the disagreeing parent is available at the time of enrolment in the first grade of primary school.

What if the child is enrolled at two different schools?

But what if each parent acts on their own and the child has been enrolled by each parent at two different schools, and therefore substituting the consent of the other parent for the submission of the application for compulsory school attendance is no longer relevant?

According to the above-mentioned Decision, in such a case, the disagreement between the parents will be resolved by the court, which will decide which school the minor child will attend for compulsory schooling. The Regional Court in Prague stated in the Decision that in making this decision, not only the issue of the school's catchment area should be taken into account, but also the wishes of the future first-grader or, for example, the need to commute to school (and thus wake up early) versus a school within walking distance.

School Enrolment as an Administrative Proceeding and Application Signature

The procedure for admitting a child to primary education is an administrative proceeding, and the headteacher's decision in such a case is an administrative decision. The headteacher is an authorised official in the proceeding, acting as an executor of public authority. The submission of an application for enrolment for compulsory schooling initiates an administrative proceeding upon request within the meaning of Section 44(1) of the Administrative Procedure Code.

Connected with the obligation to submit an application for enrolment for compulsory schooling is a very common question from parents as to whether it must be signed by both parents. According to Section 892(2) of the Civil Code, parents represent the child jointly, but each of them may act individually. This provision is followed by Section 876(2) of the Civil Code, according to which if one of the parents acts alone in a matter concerning the child towards a third party who is in good faith, it is presumed that they are acting with the consent of the other parent.

There is therefore a presumption that the parents are acting in agreement. Thus, the primary assumption is that the parents' relationship is positive, that they are in unison, and that the will of only one of them is expressed externally. Therefore, if the school management has no information about parental disagreements on the issue of starting primary school, its good faith can be presumed, and in such a case, the school will accept an application for enrolment for compulsory schooling that is signed by only one of the parents.

Procedure for the Headteacher upon Discovering a Parent's Disagreement

However, if the headteacher is informed of the other parent's disagreement, then good faith can no longer be assumed. In such a case, the headteacher should suspend the initiated administrative proceedings pursuant to Section 64(1)(c) of the Administrative Procedure Code and invite the parents to file a motion with the court to substitute the consent of the other parent for the submission of the application for enrolment in the primary school.

If no court decision is issued by the day of the start of compulsory schooling (either because neither parent has filed a motion with the court and therefore no proceedings are pending, or because a motion has been filed but the substitution of the other parent's consent has not been decided by the start of school) and the young preschooler is therefore not enrolled in any primary school, the child will automatically begin compulsory schooling at their catchment school.