Director Mehmedspahić claims her hands are tied by the minister regarding expelling bullies from school, what the Rulebook says

(Patria) - Information reported by some media that the Teaching Council of the First Bosniak Gymnasium could not, at its session, make a decision to impose a stricter disciplinary measure than a reduction in conduct marks for third-grade students who physically harassed and abused younger students, has caused a series of reactions and controversies among parents of students at this school, as well as among the teachers themselves who refused to adopt the proposed decision to reduce conduct marks.

To reliably ascertain whether it is possible to impose a stricter measure on students involved in peer violence, the teachers adopted a conclusion that representatives of the Islamic Community as the school's founders, the school board, representatives of the Ministry of Education and Science, and the Institute for the Development of Pre-University Education should appear at the next Teaching Council session.

It is evident that the teachers are aware of their social responsibility and the gravity of the offense committed, but also that they are reserved and skeptical about the claims of director Emela Mehmedspahić that her hands are tied by the Rulebook adopted by Minister Naida Hota-Muminović.

Did the Director Mislead the Public, the Teaching Council, and the Parents

Following this information, we consulted the Rulebook on the imposition of educational and disciplinary measures in primary and secondary schools, which Minister Naida Hota-Muminović adopted in August this year and which was published in the "Official Gazette of Sarajevo Canton" No. 33/24.

In the aforementioned Rulebook, Article 6 stipulates:



Article 6. (Method of Imposing Educational and Disciplinary Measures)

(1) Educational and disciplinary measures are imposed on students in accordance with Articles 94 and 95 of the Law and the school's rules, paying particular attention to good pedagogical-psychological practices, and the protection of student well-being and best interests.

(2) Educational and disciplinary measures are imposed gradually, except in cases of serious violation of student duties from Article 94, Paragraph (1), points b), c), d), e), f), g), j) of the Law, and other cases exempted by the school's rules from the obligation of gradual imposition of educational and disciplinary measures. Educational and disciplinary measures are imposed in a timely manner, and the student must be informed of the reason for which the measure is being imposed.




Based on the cited Article 6, Paragraph (2), it is clear that the gradual imposition of educational and disciplinary measures does not apply in cases of serious violations of student duties from Article 94, Paragraph (1), points b), c), d), e), f), g), j) of the Law, as well as in other cases stipulated by the school's rules.

Following this wording in the Rulebook, if we look at Article 94, Paragraph (1) of the Law, it can be clearly determined that point d) lists "provoking, inciting, or participating in a fight" as a serious violation of student duties, while point j) also lists "other cases determined by the school's rules".

Other cases of serious violation of student duties for which expulsion can be imposed have been expanded by the Rules of the First Bosniak Gymnasium to include a larger number of offenses. Thus, Article 128 of the School Rules explicitly stipulates that a student can be expelled, among other things, for:




g) provoking or participating in a fight on school premises and grounds, on excursions, trips, or during the realization of other educational and extracurricular activities, as well as in public places;

k) extremely inappropriate behavior towards other students, teachers, and other staff, and school property;

l) insolent and indecent behavior towards students, teachers, other staff, and third parties;

n) recording with a camera or mobile phone, or in any other way without the consent of a student, teacher, educator, or other school employee, with the aim of insulting, mocking, or ridiculing another student, teacher, educator, or school employee, or transferring such recording to third parties;

p) undermining the dignity of teachers, educators, school staff, and students.

Director Mehmedspahić's Empathy

Everything indicates that, based on the Law on Education in Primary and Secondary Schools in Sarajevo Canton, the Rulebook on the Imposition of Educational and Disciplinary Measures in Primary and Secondary Schools, and the Rules of the First Bosniak Gymnasium, expulsion from school can be imposed for serious violations of student duties.

In the case of peer violence at the First Bosniak Gymnasium, it is clear that there are elements of multiple serious violations of student duties, making it more than indicative that Director Mehmedspahić is assuring the public, teachers, and parents that it is not possible to impose the sanction of expulsion from school on students who physically harassed other students.

Although the regulations are completely clear, Director Mehmedspahić should explain to the public why she shows empathy towards the perpetrators of peer violence to an extent comparable only to "maternal care and love".

(F.L.)