Mother Denies Ministry's Claims: JU Djeca Sarajeva Kindergartens Do Not Offer Full-Day Care for Children with Developmental Disabilities

(Patria) - Enrolling children with developmental disabilities in Sarajevo kindergartens could damage the reputation of the Ministry of Education of Sarajevo Canton - this is the controversial decision of the cantonal Prosecutor's Office delivered to the Municipal Court. For months, a single mother of two children with developmental disabilities has been engaged in a legal battle with the institutions of Sarajevo Canton with the aim of enabling her children to enroll in a public or private kindergarten.

The Municipal Court of Sarajevo, by issuing a security measure, ordered the relevant ministry to ensure the acceptance and stay of children in kindergarten within eight days, but the Canton appealed the decision, and the Cantonal Court overturned the ruling at the end of August. The Prosecutor's Office then requested a guarantee of 5,000 marks from the court for damages that could arise if the children are enrolled in a public kindergarten.

The Ministry of Education denies all these claims and states that it did not participate in the proposal for monetary compensation for reputational risk.

“With particular understanding of the challenges faced by parents of children with disabilities, in this specific case, we want to inform the public that the mother M.M. of children with disabilities, during the 2022/2023 school year, enrolled her two children in a private preschool institution through the EMIS system, and after signing a contract with the private institution, the mother contacted the Ministry of Education and Science to provide support for an assistant for her two children. The mother was informed that the Ministry has no legal possibility to finance employees in private institutions, which are not founded by Sarajevo Canton (Law on Preschool Education, Law on Execution of the Budget of Sarajevo Canton). The Ministry of Education and Science, considering the best interests of the children, offered the mother the possibility to enroll the children in a public preschool institution within the JU ‘Djeca Sarajeva’, because the Ministry would be able to finance an assistant for children in a public preschool institution, which is founded by Sarajevo Canton, in accordance with the law. The mother rejected this offer, which the Ministry considered to be in the best interest of children with disabilities, and continued to insist that her two children attend the previously chosen private preschool institution,” stated the press release from the Ministry of Education and Science of KS.

These claims by the Ministry are denied by the single mother, who requested that her identity not be published. She also sent documents which, as she says, show that she wants to enroll her children in the JU Djeca Sarajeva kindergarten, but she informs the Ministry that there are no JU Djeca Sarajeva kindergartens in the wider area, and their response through the EMIS system regarding this is completely clear that any private kindergarten is acceptable to them, and finally their written response of 28.08.2023, by which, as she states, for insufficiently clear reasons they reject her objection.

“Not only did they not offer me enrollment in a public preschool institution, but they directly rejected my objection in which I am asking for exactly that! The Ministry's claims about the sequence of actions and insistence on attending the chosen private preschool institution, in addition to relating to the previous school year, are inaccurate and malicious. Although I have extensive email correspondence which is largely a monologue, as the Ministry did not respond to any of my inquiries, as well as several written letters exchanged between both parties, (...) Namely, the Court has already assessed and determined that I have “Respecting the rules of the Ministry of Education and Science of KS, expressed in the Competition for enrollment of children in preschool institutions… have taken all the actions expected of parents.”

The Court also determined that the Ministry “equalized all private and public preschool institutions through the Competition”, and I especially draw attention to the fact that the Court has already determined that the letter that the Ministry presents as an offer made to me which I rejected “is not an expression of action… aimed at eliminating damage… it is not an attempt to undertake everything within its jurisdiction… especially since the Ministry is already aware that the proposers are unable… to accept enrollment in JU Djeca Sarajeva for half-day care with only a promise of receiving one assistant,” she stated.