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control services for the outdoor spaces, and the operational procedures regarding the access
of students and people from outside in the school premises (both in the school building and in
the school yard) had to be revised, as they did not provide adequate protection for the students.
To remedy the deficiencies found, was issued the Recommendation no. 42/2019 to
the management of the school who expressed their interest in properly solving the deficiencies
and ensuring an increased protection for the students of this school, respectively, were revised
the specific procedures for ensuring the guard and the access of the people in the educational
unit.
File no. 527/2019 In the local press, was published a news report on the situation of
the students attending the classes of "Spiru Haret" College in Ploiești and to whom access to
the school unit was prohibited, if they arrived late at the first class. In addition to the
unmotivated absences received by these students because they were late, they were also denied
access into the premises of the school unit.
The Ploiești Territorial Office proposed the ex officio notification and an investigation
at the "Spiru Haret" Ploiești College.
Following the investigation, it was found that the measure of forbidding the access of
the students to the school unit, after the beginning of the class, was found in the Operational
Procedure regarding the access of the people into the school unit, approved by the Board of
Directors on October 23, 2019. Even the commuting students did not derogate from this access
procedure. According to this procedure, during the class hours, the access of the students to
the school premises and leaving the school premises are prohibited. At the time of the
investigation, it was found that several students were kept at the gate of the College "Spiru
Haret" Ploiești, regardless of the weather conditions.
At the same time, in the respective procedure there were found provisions contrary to
the legislation adopted at national level (Order no. 5079/2016 regarding the approval of the
Framework Regulation for the organization and functioning of the pre-university education
units and Order no. 4742/2016 for the approval of the Student Statute) regarding student’s
access to education, which cannot be limited by measures such as the prohibition of
participation in classes, the only national sanction regulated for not attending class hours being
that of the absences noted in the catalog for each student who commits the respective
misconduct, therefore it was necessary to promptly correct this measure so that students can
have unlimited access to education, but also to watch for the safety / health of the students
during the school program, otherwise there is the possibility that they can find themselves in
certain contexts / situations of risk (going to bars or various promiscuous places where they
can develop antisocial behavior, etc.).
In view of these aspects, the People's Advocate issued Recommendation no.
132/2019, addressed to the director of the "Spiru Haret" College in Ploiești Municipality, who
was asked to regulate the access into the school unit for students who, for various reasons, are
late to school classes, so that their access to education is not limited, but also to avoid the
occurrence of possible risk situations for the physical / mental integrity of these students.
The recommendation was accepted, being eliminated from the access procedure the
provision that prohibited the access of the students in the school unit after the beginning of
the classes, thus ceasing to exist the restriction of access to education.
File no. 377/2019 The petitioner requested the support of the Ploiești Territorial
Office, pointing out that he repeatedly asked the officials of the Directorate for Persons Record
within the Buzău City Hall to proceed with the registration of the birth of his child (born at
the Buzău Maternity Hospital), and he was refused the issuance of the birth certificate,
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
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