Sunday, March 3, 2024

TSJA orders reopening of Caneto school in the interest of minors

The Ministry of Education of the Government of Aragon has to reopen the school in Caneto (La Fueva), which closed more than two months ago and prevented 21 children from going to school. It was ordered by the Superior Court of Justice of Aragon, which supported the precautionary measure requested by the parents, “taking into account the interests of minors.” It takes into account the location in the center of a depopulated area of ​​the Pyreneesthe number of minors taken care of and the fact that it has been operating for five years.

Education has announced that the precautionary measure will be implemented “with the greatest possible urgency,” informing families, teachers, and the City Council that starting Tuesday (Monday is a local holiday), education services will be provided again in Caneto.

Although the Court ordered caution in reopening the center, it also established a “countercaution” that it considered “essential” so that the education administration shows in 15 days what are the defects of the facilities that motivate the closure in terms of structure, fire, or health safety, as well as labor protection requirements that are not met, so that it is the corporation requesting the authorization of the school, that is, the City Council of La Fueva.

In this regard, the department indicated that it will be notified of the defects in the facilities and specified that the TSJA itself determined that, if it is not corrected, “the agreed precautionary measure may be removed.”

The order of the Superior Court, which was made public this Friday, specifies that “the conditions of the provision of educational services before November 7, 2023, are continued. in the interest of minors and school users.”.

In their resolution, the magistrates highlighted several arguments, such as the fact that birth occurs “in the presence of a school located in a nucleus in the Pyrenees, which provides educational services for five years.”.

He cited the report of the Justice of Aragon, which already agreed with the parents, saying that “we also point out that the administration cannot contradict its own actions because it could not continue as it did that the school was no longer for the department after five years, provide at least two teachers, one for preschool and one for elementary school, for each course, as already accredited.”

The judges also stated that “no report was given on the processing of the complaint before the Justice of Aragon, and the reports that the Administration reported to us on its allegations, on the one hand show that it is not urban land, if bag—or only The City Council sends from the region—a report that says you may qualify That’s it.” They also referred to a report in which it was said that the school lacks potable water, electricity, sanitation, a telephone network, and telecommunications, if there is anything else to the contrary, “in addition to the pictures where the services can be seen. , lights, etc.”

It is the right of every interested party, indicates the TSJA, referring to the City Council of La Fueva and the association of parents, “to know what are the defects of the facilities. or what requirements are not met, because there is always the possibility of correcting them or even finding alternatives to the location of the school. On the other hand, what is not appropriate – he continues – for the Administration, “to agree to stop the provision of educational services, without resolving the authorization file of the educational center, considering that it is not fulfilling and preventing. , as we said, its correction.”

The court concluded its order by saying that “it is also clear that the administration must ensure the provision of this service, where students are located, without neglecting special needs.” in highly depopulated environments”, without forgetting “the high number of children attending school”, a fact that strengthened his decision.

Demand of parents

The TSJA’s decision will come later the controversial-administrative appeal filed by Amypa ‘Aldea de Caneto’ and 14 other parents against the closure. In this, they requested a precautionary measure for immediate opening while the appeal is being heard, because, otherwise, “Injuries that are very difficult or impossible to repair occur,” because the children have not been in school since November 7, and are being cared for in their parents’ classrooms.

The Ministry of Education opposed the precautionary measure, reflecting that “There is no evidence of the existence of an educational center in Caneto.” He reported the existence of a file for the creation of the center, started in 2019, at the request of the mayor of La Fueva, and various reports from the Inspection and the Technical Construction Unit, which pointed out the shortcomings of the facilities of two trees. classrooms.where classes are taught. Also from the recent request from the City Council of La Fueva, after the closure, for the legalization of the school before the department.

The TSJA order considers it “extremely relevant” that since 2019 there is a file open in the Department of Education, in response to a request for the regularization of wooden classrooms and there are reports against it, “but without the final decision on legality or not resolved and communicated to the interested parties and the possibility that educational services will be provided there”. The judges reprimanded the DGA for agreeing to the closure “without resolving the consent file in the educational center, believing it to be non-compliant and preventing its correction”.

“Because of what we said, and based on the undoubted interest that families have in their children going to school in their population center, and that they are not forced, at such a young age, to make the such as long journeys and on the highways. Such dangerous winter conditions, it is clear that the failure to adopt precautionary measures will harm the fate of the resource, which aims not to separate children from school from their closest surroundings,” the command indicated. And added that The administration “must ensure the provision of this service, where students are located, without neglecting the very special needs of the extremely depopulated environment.

World Nation News Desk
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