The end of oppressive disciplinary regulations. MEN changes approach to teachers

• The working group on disciplinary proceedings operating within the Team for Professional Pragmatics of Teachers has commenced its work.
• The aim is to restore “normalcy” in disciplinary rules that became oppressive after the 2019 strike.
• The representative of "Educational Solidarity" has no doubt that these changes to the Teachers' Charter will be made.

- By autumn, we want to have a ready package of solutions concerning the broadly understood disciplinary responsibility of teachers, the peer court , i.e. new regulations that will not be as oppressive as those introduced after the teachers' strike in 2019 - said Krzysztof Wojciechowski, vice-chairman of the National Section of Education and Upbringing of NSZZ "Solidarność", in an interview with Portal Samorządowy, commenting on the results of the meeting of the working group for disciplinary proceedings operating within the Team for Professional Pragmatics of Teachers.

The unclear concept of "child's welfare" is the cause of many disciplinary proceedings

It was then that the undefined concept of "the child's well-being" appeared in the regulations, and the school principal of the facility was obliged to notify the disciplinary spokesman within three days if he or she receives information about such a fact, i.e. a violation of the child's well-being by a teacher, thereby initiating disciplinary proceedings.

- So we (meaning all the trade unions participating in the team's work - ed.) are of the opinion that the concept of "child's well-being" should be excluded from this regulation - he says.

At the same time, he emphasises that this is possible because when it comes to the need to make changes to disciplinary regulations, the representatives of the Ministry of Education and the chairmen of disciplinary committees share the same view - they agree that the regulations are bad, inappropriate and need to be changed .

In disciplinary matters, there is a chance to work out solutions desired by the community. Especially since the government not only shows a will, but also a desire to change these regulations comprehensively. Not to sugarcoat them, but to change them in their entirety. And this means that the entire Chapter 10 of the Teachers' Charter will be changed.

- says Krzysztof Wojciechowski.

What exactly? The main directions of change are:

• shortening the duration of disciplinary proceedings;
• changing the category and severity of disciplinary penalties;
• transferring the resolution of some conflicts or offenses to the school level;
• improving the functioning of disciplinary committees and the explanatory and disciplinary proceedings themselves:
• exclusion of disciplinary proceedings from the competence of education superintendents;
• creating a catalogue of document templates that are created in various ways by spokespersons and committee chairs.

In short, the most important changes are, firstly, to staff these committees and the spokesperson with people who are knowledgeable about disciplinary matters, and secondly, to streamline the proceedings by changing a whole host of detailed provisions.

explains.

Among them, it is worth mentioning first and foremost those included in the joint position of the trade unions adopted in January this year - KSOiW NSZZ "Solidarność", the Polish Teachers' Union and the Free Trade Union "Forum - Oświata" - regarding disciplinary proceedings against teachers, including:

• shortening the limitation period for disciplinary liability;
• introducing the rule that the deadline for expunging a disciplinary penalty is counted from the date of issuance of the judgment, not its delivery;
• enabling the teacher to actively participate in the explanatory and disciplinary proceedings;

and also:

• facilitating access to files of explanatory and disciplinary proceedings,
• changing the form of summonses to the hearing by not including disciplinary charges or the subject of the proceedings,
• issuing copies of files - photocopies or at least sending a photocopy of the transcript of the hearing,
• correct definition of the scope of the explanatory proceedings so that the proceedings are conducted solely on the subject covered by the decision to initiate the proceedings,
• creating a database of disciplinary decisions and
• particular diligence when considering cases in which teachers are accused of committing an act violating the rights and welfare of children.

A significant change will also concern the issue of remuneration of teachers who, as a result of disciplinary proceedings, were cleared of the charges and reinstated to work.

- It is beyond discussion that a teacher who was acquitted should receive his full salary, including those components and benefits that he did not receive as a result of being removed from work - he explains.

The representative of Educational Solidarity emphasizes that the change will be comprehensive and very serious. However, it should not be expected that the new regulations will enter into force together with the provisions amending the Teacher's Charter , which are to apply from September 2025. There is no such possibility here. Moreover, it was already known from December 2024 that the reform of disciplinary regulations requires a longer discussion .

Another thing is that it started with a significant delay. After the meeting announced for the end of January, the first one took place only in March. The next one was to take place in April, in May - but the talks finally started only on June 26.

During this time, the disciplinary committees sent their comments on the regulations in force in these matters. The Ministry collected them and grouped them according to the regulations.

- It came out to 50 pages. So there is material to work with, because we have proposals from the chairmen of the disciplinary committees, as well as our 30 proposals developed jointly by the three central unions at the end of March - says Krzysztof Wojciechowski.

Now the work has significantly accelerated.

- We stopped at page 23 of this list and we would probably have gone even further, because Deputy Minister Henryk Kiepura (the deputy minister chairs the work of this working group of the team for professional pragmatics of teachers) had a few hours reserved for this meeting, but I asked for it to be shortened - he said.

Now trade unionists have two weeks (until mid-July) to respond to these joint proposals, so that in mid-August, after the Ministry of National Education has analysed the submitted comments and motions, they can discuss them.

The Solidarity representative is convinced that this will not be a waste of time, and that the pathological disciplinary regulations will finally be eliminated. Because the course of the talks so far indicates this. And it is only a technical matter how we will record them

I believe that these regulations have a chance to change to such that they will not be harmful to the student, teacher, school or parent. They will comprehensively regulate relations between students, teachers, teachers and teachers, or teachers and school management, he says.

He also emphasizes that each side is interested in the new regulations satisfying all parties. This is possible because they practically do not generate any major financial consequences. They are substantive regulations.