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1. Compliance with the law and the set out procedures

School disciplinary policies: ruling principles and main shortcomings in school disciplinary procedures. Breach of school or classroom rules may lead to punishment (classroom expulsion, school suspension or expulsion, banning from taking part in school activities, etc.)

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1. Compliance with the law and the set out procedures

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  1. School disciplinary policies: ruling principles and main shortcomings in school disciplinary procedures • Breach of school or classroom rules may lead to punishment (classroom expulsion, school suspension or expulsion, banning from taking part in school activities, etc.) • However, disciplinary measures in schools should be imposed in a manner consistent with the following principles: (1) compliance with the law and the set out procedures, (2) proportionality and (3) educational efficiency.

  2. 1. Compliance with the law and the set out procedures • Any punishment or disciplinary measure shall comply with the law and the set out procedures (e.g. notify to parents when required, possibility to lodge an appeal against the measure, following all the required steps and formalities, etc. • Compliance with the law is a guarantee not only of the validity of the procedure but also of the observance of children’s rights. • Compliance with the set rules should not be construed as an interference with the school autonomy in any matter whatsoever.

  3. 2. Proportionality • School discipline shall be administered in a manner consistent with children’s dignity and other rights, such as children’s right to be heard on matters that affect them (art. 12, CRC). • Punishments and disciplinary measures shall be adapted to children’s age and maturity.

  4. 3. Educational efficiency • All disciplinary measures shall be efficient in educational terms, that is, they shall entail an educational learning or improvement pursuant to CRC. • Non-compliance with this principle may lead to the failure of the measure in terms of educational efficiency.

  5. The Catalan Ombudsman activity on this matter • The Catalan Ombudsman has handled many complaints on this matter, mostly regarding the non-compliance of the aforementioned principles. • In some cases, the required formalities (such as notifying to parents) have not been observed. In other cases, the punishment has been too hard or non consistent with child’s dignity. Sometimes, disciplinary measures do not involve educational improvement either. • Furthermore, the Ombudsman notes that sometimes children are punished for something their parents did (such as the delay in the payment for school activities). It has also been noted that precautionary disciplinary measures are often taken automatically, even though they are not always necessary.

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