Scandalous document from the Sarajevo Canton Prosecutor's Office: Enrolling children with developmental disabilities in Sarajevo kindergartens would "damage reputation"

(Patria) - Enrolling children with developmental disabilities in Sarajevo kindergartens would damage the reputation of the Sarajevo Canton Ministry of Education and Science, according to a scandalous document from the Sarajevo Canton Prosecutor's Office submitted to the Municipal Court in Sarajevo, writes Istraga.ba

For months, a lawsuit has been pending before this court, during which a single mother from Sarajevo, M.M., has been trying to compel the Sarajevo Canton authorities to allow her daughter and son, children with developmental disabilities, to enroll in a public or private kindergarten. In March of this year, the Municipal Court in Sarajevo issued a decision on imposing a security measure.

“The first defendant-respondent (Ministry of Education and Science of Sarajevo Canton) and the second defendant-respondent (Skipy Preschool Center) are ordered to immediately, and no later than within eight days, ensure the conditions for the acceptance and stay of minors M.A. and M.D. in the kindergarten, or in the preschool institution where the children are enrolled, while respecting all the children's needs,” the Decision of the Municipal Court in Sarajevo, made on March 29 this year, states.

The Sarajevo Canton appealed, and the Cantonal Court in Sarajevo, two months later, on May 24, accepted the appeal and overturned the decision.

“The first-instance court did not specify how the security measure would be implemented to ensure the conditions for the acceptance and stay of (A.M. and D.M.) in the kindergarten,” the Cantonal Court stated in its decision.

The case was returned to the Municipal Court in Sarajevo for a new decision. The new school year has formally begun, but there is no decision. However, much more controversial is the stance of the Sarajevo Canton Prosecutor's Office, which on August 24 this year sent a letter to the Municipal Court in Sarajevo responding to the proposal for a security measure.

“In the event that the presiding court, despite all the arguments and evidence presented by the opponents of the security measure, deems the proposed measure to be founded, the first opponent of the security measure (Ministry of Education and Science of Sarajevo Canton) requests that the court order the proponents of the security measure (single mother of two children with developmental disabilities) to provide a guarantee in the amount of 5,000 KM within a period determined by the court, for the damage that could be caused to the first opponent of the security measure (Ministry of Education and Science of Sarajevo Canton) by the determination of the proposed measure, which includes, among other things, the potential negative reputation and perception to which the first opponent of the security measure (Ministry of Education and Science) would be exposed by dealing with this case, i.e., by determining the proposed security measure, and the potential influx of additional requests from other private preschool institutions and/or parents of children with developmental disabilities,” the letter from the Sarajevo Canton Prosecutor's Office, which represents the interests of the Ministry of Education and Science of Sarajevo Canton, states.

Thus, enrolling children with developmental disabilities would “bring negative reputation to the Ministry of Education of Sarajevo Canton” and would encourage parents of other children with developmental disabilities to seek enrollment in public or private kindergartens.

Now, a brief overview of the case itself. A single mother of two children with developmental disabilities tried last year to enroll her children in Sarajevo kindergartens that are part of the EMIS system. As there were “no places” in the part of the city where she lives (although it later turned out that there were), the mother decided to enroll the children in the private kindergarten Skippy. This kindergarten then asked the Sarajevo Canton to provide people (educational assistants) who would take care of the children with developmental disabilities. The Sarajevo Canton did not respond. The mother then initiated a lawsuit against the Canton and Skippy, demanding that the Rulebook on Inclusive Education be respected.

“If, in order to exercise rights and/or services necessary for the child's progress, as a form of reasonable accommodation within the meaning of Article 24 of the Convention on the Rights of Persons with Disabilities, and after assessment and development of an appropriate Individualized Education Program (IEP), the institution's or center's professional team determines that the child needs additional support, the institution or center shall submit a Request for additional educational support to the Ministry,” the Rulebook on Inclusive Education states.

Furthermore, it is directly stipulated that the Canton must provide an educational assistant.

Therefore, the Government of Sarajevo Canton, or the Ministry of Education and Science of Sarajevo Canton, were obliged to provide the Skippy kindergarten with an educational assistant for the two children with developmental disabilities. However, the Canton refused. As we mentioned, the mother initiated a lawsuit. The new school year has begun, but no court decision has been made.