We provide advisory especially in the scope of the School Act; mainly to elementary and high schools; and other educational institutions, too.
We offer long term or just an ad hoc cooperation with school managements. We provide advisory for the correct application of the relevant laws. We assist with drafting of internal documentation of schools. The managements of schools usually encounter variety of matters that require a legal assistance.
Directors heavy loaded
On an everyday basis, schools deal with wide range of situations. Besides the pedagogic and organisational role, the school directors are in charge with matters of employment of the school personnel, contractual and other private law matters, public law matters (decision taking in the competence of a state authority), financing (school budgeting), and many others.
School are closely interlinked with the state administration. Since 2015, all school directors take decisions within frame of the state administrative procedures based on the Administrative Act. This means many prerequisites shall be met in these decision such as the proper announcement, reasoning, and instruction on appeal options parts of the decision act. That applies not only on public schools, but also private and church schools.
This represent heavy burden for directors to work also as qualified state officers when deciding on rights and obligations in the area of public affairs. We provide expertise support with drafting template documentation as well as individual decisions in difficult cases. We also represent schools at the regional authorities that are superior to schools in the public administration hierarchy, and hence are the appeal authorities. That is especially helpful in cases of appeals against decisions on acceptance to pre-school, elementary and high school study programs.
Employments and Assets
Quite different area of law is than the agenda connected with employment in schools. We provide advisory with correct application of wages rules in schools including revision of the classification of employees for the different wage levels. We help with drafting internal wage regulations of the schools. Besides that we assist with standard labour law matters of the teachers and other school personnel. We also provide legal representation in case of labour disputes.
Moreover, schools are responsible for their assets’ management. We assist during negotiations and drafting of private law contracts, such as rental agreements or some typical contracts with suppliers.
We also encounter unfortunate cases of escalated disputes with parents. We provide to our clients legal representation in negotiations with troubled parents, respectively at court in case the amicable solution is not established despite our utmost effort. We are also specialists in damage compensation legal disputes.
Recently, schools have been also busy with the very actual topic of personal data protection. Naturally, they control large volume of sensitive data regarding the students, whether that may be school registers under the School Act, or other data resources. We will help you to set up your processes in a way so that you avoid any clashes and possible recourses in the area of data protection.
We provide especially the following legal services in the area of schools and law:
- Correct application of school laws, namely the School Act No. 561/2004 Coll., as amended;
- Employment law agenda of schools;
- Private law relationships (concluding contracts, damage compensation and others);
- Public administrative law matters (decision making in the competence of a state authority);
- Disputes with parents, damage compensation disputes;
- GDPR, data protection.