To Mr. Silvi Kirilov
Chairman of the Committee on Education and Science at the 50th National Assembly of the Republic of Bulgaria
To the people's representatives,
Members of the Committee on Education and Science of the 50th National Assembly of the Republic of Bulgaria
Regarding: Opinion of civil organizations on the draft law to supplement the law on preschool and school education, No. 50-454-01-73 of 08/08/2024.
Dear People’s Representatives,
Members of the Committee on Education and Science in the 50th National Assembly,
We, the undersigned organizations, express a firm position against the Draft Law to supplement the Law on Preschool and School Education introduced on 8/08/2024 by a group of parliamentary representatives with the signature 50-454-01-73, which proposes the introduction of sanctions, including the deprivation of the right to exercise a profession or activity, in case of violation of the newly adopted provisions of art. 11 of the ZPAO. We find the draft law unconstitutional, as it was proposed against the accepted rules for preparation and discussion of normative acts, which is inconsistent with the principles of the democratic and social state.
We categorically believe that both the draft law of the PP "Vazrazhdane" adopted without public discussion on 08/07/2024, which introduces the new Art. 11 of the ZPAO, as well as the sanctions proposed by a group of parliamentary representatives in Art. 348, contradict the Constitution of the Republic of Bulgaria, the international acts to which Bulgaria is a party, and the principles and objectives of the Law on Preschool and School Education itself.
Contradiction with the Constitution and the international acts to which Bulgaria is a party
Freedom of expression is protected in Art. 39, para. 1 of the Constitution, which states: "Everyone has the right to express an opinion and to spread it by word - written or oral, by sound, image or in any other way". Thus, the Bulgarian Constitution clearly guarantees the right of every citizen to express an opinion and spread it through speech, without being prosecuted for it. The two proposed draft laws, one of which has already been adopted, are a direct limitation of any possibility of presenting information, including scientific information, on the mentioned issues. At the same time, such a prohibition does not fall under the provisions of Art. 39, para. 2 of the Constitution exceptions for permissible limitation of this freedom.
The adopted change of Art. 11 and the one proposed in Art. 348 of the Law on Preschool and School Education are also contrary to the guarantees of equality before the law under Art. 6, para. 2 of the Constitution, as well as the provided protection against discrimination. Additionally, the guarantees of protection against discrimination and ensuring the exercise of civil liberties by everyone provided for in the European Convention on Human Rights and Fundamental Freedoms, EU anti-discrimination law, in particular Directive 2000/78/EC and Directive 2006/54 / EC etc.
Freedom of expression is particularly important for principals, teachers, school psychologists and other pedagogical professionals who should feel free to discuss topics that concern students and that are important for children and young people to feel safe and secure at school. The existence of a risk of monetary sanctions, as well as of deprivation of the right to exercise a profession for a period of two years, in case of violation of a vaguely worded prohibition such as that in the newly adopted Art. 11, para. 2, item 3, puts those working in schools under pressure and inevitably limits their freedom of expression. The proposed sanctions also open the door wide to possible reprisals against principals and teachers, whistleblowing and an environment of mistrust in educational institutions. Disqualification of teachers for a certain period is an extreme measure and a very dangerous change which could be misused to remove "inconvenient" people from the system.
The changes are also detrimental to students, who will be deprived of information and knowledge related to their well-being, and deprived of a guarantee of safety at school, in case they look "different" to someone. Teachers will be needlessly distracted to watch out for non-existent "propaganda" instead of prioritizing students' learning time. All this will result in a deteriorated school atmosphere and teachers and students who do not feel that the school is a safe and secure environment. The latter is a mandatory condition for ensuring quality education for every child in the country.
The reasons for the draft law do not correspond to the requirements of Art. 28, para. 2 of the Law on Normative Acts (LA), namely: to contain "the reasons that require the adoption" and "the objectives that are set", as well as "an analysis of compliance with the law of the European Union".
Contradiction with the Preschool and School Education Act
According to Art. 3 of the Law on Preschool and School Education is implemented in accordance with principles, among which are: orientation to the age and social changes in the life of the child and student, equal access to quality education and inclusion of every child and every student, equality and non-discrimination, humanism and tolerance. The main goals of preschool and school education, according to Art. 5 of the Law on Preschool and School Education, are "intellectual, emotional, social, spiritual-moral and physical development and support of every child and every student in accordance with his age, needs, abilities and interests" and "acquisition of competences for understanding and applying the principles of democracy and the rule of law, of human rights and freedoms, of active and responsible civic participation". The adopted draft law of the PP "Vazrazhdane", as well as the sanctions proposed by a group of parliamentary representatives for those who violate the new regulations, directly contradict the principles and goals of the Bulgarian system of preschool and school education, defined by the Law on Preschool and School Education, cited above.
The system of pre-school and school education in Bulgaria has a number of problems, visible from the achievements of Bulgarian children and students and from the shortage of well-prepared staff in the labor market. These problems are described in detail by international, European and national studies and analyses, including from the audit report of the Audit Chamber of the Republic of Bulgaria "Ensuring the quality of school education" published on 07/04/2024. These challenges require urgent action, including improving the quality of training and support for teachers and principals, retaining motivated young pedagogues in the system, changing the philosophy of curricula and the student assessment system, introducing standards and mechanisms for quality assurance and many others. The draft law of the PP "Vazrazhdane" adopted on 07.08.2024 and the sanctions proposed by a group of parliamentary representatives will further deteriorate the quality of Bulgarian education, will demotivate teachers who prioritize the interests of their students, and will have long-term negative consequences for both personal and professional development of young people, as well as for the country's economy and society.
Both bills will have a strong negative impact on the Bulgarian education system, on the quality of the work of principals and teachers, on the well-being, and thus also on the results of students. They do not solve any real problem of the Bulgarian education system, but on the contrary - they are based on invented suggestions and manipulation of public opinion. We believe that they not only do not address important problems for the educational system, but rather play on the important topic of student education to advance political doctrines, in contradiction to Bulgarian and international legislation, to which Bulgaria is a party.
In view of the above arguments, we call on the Committee on Education and Science to reject the Bill to supplement the Law on Preschool and School Education, No. 50-454-01-73 of 08/08/2024.
The opinion is supported by the following civil society organizations representing over 150 organizations across the country:
- Bulgarian Center for Non-profit Law
- National Youth Forum
- National Network for Children
- Association "European Spaces 21"
- "Association initiative for development - Kardzhali decides"
- "Media Literacy Coalition" Association
- Association "Atypical Mind - ADHD"
- Association "Education without backpacks"
- SNC "Parents Association"
- Anti-corruption Fund Foundation
- Foundation "Open Society Institute - Sofia"
- Foundation for children at risk around the world
- "Together in an Hour" Foundation
- Health and Social Development Foundation
- Foundation for Educational Transformation
- Concordia Bulgaria Foundation
- "Cedar" Foundation
- Single Step Foundation
- Foundation "Trust for Social Achievement"
- Center for Educational Initiatives
- "Amalipe" CMEDT