Any person who commits an administrative offense or a crime, including a school student, is more a “product” of their parents and the social environment they are in, rather than of education. A broader evaluation of the incident, taking into account all aspects, is undoubtedly possible only after the investigation results are fully clear. In the current situation, I also consider it a wrong approach to target the “Idrak” lyceum, which stands out with its high performance, and the education system as a whole, due to the incident.
This was stated by Elchin Mirzabayli, a member of the Science and Education Committee of the Milli Majlis and a deputy, in his statement to Modern.az, while speaking about the armed incident that occurred this morning at the "Idrak" lyceum.
The deputy noted that such incidents can occur in any place, and no one is immune to them. Targeting education, however, creates a fertile ground for anti-education, ignorance, illiteracy, and criminal behavior to come to the forefront. Such situations, in addition to security, necessitate the discussion of another important issue, perhaps one of vital importance for the education system.
"The problem is that currently, regardless of the management model, schools do not have the authority to influence students in any way. As we excessively emphasize the rights of students and their parents, and target schools and education for any negative incident that occurs, the environment of impunity deepens further, and in such a situation, we leave educational institutions, which have no legal mechanism to influence students, completely defenseless. Imagine how the representatives of the “TikTok generation” would react if any person entering the schoolyard, including a student, were subjected to inspection, and if taking legal steps against them became a necessity" - he stated.
Elchin Mirzabayli noted that, first and foremost, the one-sided interpretation of the concept of “student rights” must be ended:
"This approach grossly disrupts the legal balance between student rights and the disciplinary powers of the school within the education system. In my opinion, while the existing legislation broadly protects student rights, it does not ensure the rights of the school and the teacher to create a safe, orderly, and conducive learning environment with clear and applicable mechanisms.
International experience shows that in developed countries, while student rights are protected at a high level, the disciplinary and educational functions of schools also have strong legal foundations. In this regard, I believe that it is appropriate to make a number of legal and institutional changes in our country as well."
"In my opinion, first and foremost, the school's right to create a safe educational environment must be imperatively enshrined in legislation. That is, it should be stated in relevant legislative acts that a school is not only an educational provider but also a legal entity that creates a safe, orderly, and psychologically healthy educational environment, and for this purpose, it has the authority to intervene in student behavior. The implementation of such a norm will justify the school's right to protect the rights of other students. At the same time, I believe that a “Code of Conduct” with legal force should be prepared in every school and signed by students, parents, and school administration. This document should clearly outline types of violations, disciplinary measures and their application procedures, and parental responsibilities" - he noted.
The deputy stated that schools should be given the right to suspend a student from classes for 1-5 days in cases of disrespect towards teachers, disruption of the lesson process, aggressive behavior, or persistent indiscipline. During this period, the student's lesson materials can be provided through the parent. This measure should not be considered a violation of the right to education.
The right of a teacher to immediately remove a student who disrupts the lesson process and hand them over to the school administration must be clearly stipulated in legislation:
"Special supervised rooms should be created in schools for the temporary separation of disruptive students from the learning environment. The purpose is not punishment, but to protect the rights of other students and to ensure that the disruptive individual reflects on their behavior. The right of a teacher to immediately remove a student who disrupts the lesson process and hand them over to the school administration must be clearly stipulated in legislation. This should be considered as the professional immunity of the teacher. In cases of disciplinary violations by a student, a mechanism for mandatory summoning of the parent to school should be implemented. If a parent fails to attend without a valid reason, reporting this to local executive and social service bodies should be standardized. Student behavior should be evaluated as a separate criterion and taken into account in this characteristic, during school-to-school transfers, and when applying to higher education institutions".
E. Mirzabayli noted that schools should be granted the rights to inspect a student's bag when there is reasonable suspicion, confiscate phones during lesson time, and remove prohibited items. He stated that this should be recognized as a necessary element of school safety.
"In cases of repeated and severe disciplinary violations, a mechanism for transferring the student to a specially supervised educational institution should be created. Disciplinary matters should be accompanied not only by administrative but also by psychological and social mechanisms. For this reason, psychologists and social workers in schools should acquire a real functional status. Overall, the protection of student rights should not come at the expense of weakening the school. On the contrary, unless the school is provided with strong legal tools, teacher authority weakens, the educational environment is disrupted, and the rights of other students are trampled upon. Only by legally strengthening the school is it possible to maintain a healthy educational environment" - he concluded.
