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The Circuit Court has annulled the decision to close the upper secondary section of Toila Gymnasium
The Circuit Court has annulled the decision to close the upper secondary section of Toila Gymnasium
The Tartu Circuit Court upheld the complaint filed by parents from Toila and annulled the decision adopted by the Toila Municipal Council on 27 March 2024 to close the upper secondary section of Toila Gymnasium. The ruling is commented on by attorneys Villy Lopman and Elvi Tuisk, who represented the parents in court.
The parents’ primary concern was that the closure of Toila Gymnasium would eliminate the last upper secondary school in the relevant region of Ida-Viru County that operates in an Estonian-language environment. While, formally, instruction in all upper secondary schools is conducted in Estonian, this does not automatically ensure an Estonian language environment. Where a class includes a high proportion of students whose first language is not Estonian, teachers are required to apply teaching methods that enable such students to participate actively in the learning process. As a result, however, the quality of upper secondary education for students whose native language is Estonian may be significantly compromised.
The Circuit Court found that the municipality’s decision to close the gymnasium was unlawful both procedurally and substantively. The municipality failed to involve and hear the parents prior to adopting the decision. In addition, it did not assess the impact of the school closure on the children’s development, well being, or the quality of their future education. The municipality should have evaluated whether, following the closure, education would continue to be provided in a manner consistent with the best interests of the children, including consideration of issues arising from students’ differing levels of language proficiency. Furthermore, the municipality should have considered whether the potential out migration of Estonian speaking families from the area, as a result of closing a historically Estonian language upper secondary school, could pose a risk to the sustainability of the local Estonian community. The municipality failed to carry out any of the foregoing assessments, which ultimately led to the annulment of the decision.
The parents’ legal representatives, RASK attorneys Villy Lopman and Elvi Tuisk, explained that the judgment has broader implications. It highlights, on one hand, the importance of considering the Estonian-language learning environment and the quality of children’s education, and on the other hand, it emphasizes the role and responsibility of local governments when making decisions affecting children.
"The Circuit Court emphasized that the municipality cannot make decisions on school reorganization solely based on the state’s will. Municipalities must prioritize local interests and consider the impact of their decisions on residents," commented attorney-at-law Villy Lopman.
"This sends a clear message to both local governments and the state that the right of self-governance also carries the obligation to prioritize local interests. Local authorities cannot act merely as implementers of the state’s will,” added attorney Elvi Tuisk.
The parents’ primary concern was that the closure of Toila Gymnasium would eliminate the last upper secondary school in the relevant region of Ida-Viru County that operates in an Estonian-language environment. While, formally, instruction in all upper secondary schools is conducted in Estonian, this does not automatically ensure an Estonian language environment. Where a class includes a high proportion of students whose first language is not Estonian, teachers are required to apply teaching methods that enable such students to participate actively in the learning process. As a result, however, the quality of upper secondary education for students whose native language is Estonian may be significantly compromised.
The Circuit Court found that the municipality’s decision to close the gymnasium was unlawful both procedurally and substantively. The municipality failed to involve and hear the parents prior to adopting the decision. In addition, it did not assess the impact of the school closure on the children’s development, well being, or the quality of their future education. The municipality should have evaluated whether, following the closure, education would continue to be provided in a manner consistent with the best interests of the children, including consideration of issues arising from students’ differing levels of language proficiency. Furthermore, the municipality should have considered whether the potential out migration of Estonian speaking families from the area, as a result of closing a historically Estonian language upper secondary school, could pose a risk to the sustainability of the local Estonian community. The municipality failed to carry out any of the foregoing assessments, which ultimately led to the annulment of the decision.
The parents’ legal representatives, RASK attorneys Villy Lopman and Elvi Tuisk, explained that the judgment has broader implications. It highlights, on one hand, the importance of considering the Estonian-language learning environment and the quality of children’s education, and on the other hand, it emphasizes the role and responsibility of local governments when making decisions affecting children.
"The Circuit Court emphasized that the municipality cannot make decisions on school reorganization solely based on the state’s will. Municipalities must prioritize local interests and consider the impact of their decisions on residents," commented attorney-at-law Villy Lopman.
"This sends a clear message to both local governments and the state that the right of self-governance also carries the obligation to prioritize local interests. Local authorities cannot act merely as implementers of the state’s will,” added attorney Elvi Tuisk.