Transfer of a child from one school to another without the consent of a legal representative The Chancellor was contacted by a parent whose child had been dismissed from Tapa Upper Secondary School and admitted to Laagna Upper Secondary School on the basis of an application by the grandmother who was the child’s actual caregiver, and without the knowledge and consent of the parent (Transfer of a child from one school to another without a parent’s consent, case No 7-6/111395). The parent asked the Chancellor to verify whether the schools had acted lawfully. PART III 3. PART II is not contrary to the Constitution or the Acts. § 10(1) of the Basic Schools and Upper Secondary Schools Act establishes a principle that each child subject to the duty to attend school should be guaranteed an opportunity to acquire basis education in the rural municipality or city of their residence. If a child attends a municipal school in another local authority, under § 83(1) of the Basic Schools and Upper Secondary Schools Act the rural municipality or city of the child’s residence is obliged to participate in covering the operating expenses of the other municipal school (in proportionate share). The Act does not establish the obligation to compensate transportation costs. Compensation of transportation costs of only the children attending a school in the own territory of the respective local authority does not violate the principle of equal treatment under §  12 of the Constitution either, because a rural municipality’s aim to support only the coverage of transportation costs of children in its own territory is legitimate, and the restriction of the right to equality by not compensating the transportation costs of children attending schools in the territory of other local authorities is proportionate. PART I CANCELLOR OF JUSTICE AS OMBUDSMAN FOR CHILDREN The Chancellor reached the conclusion that the activities of Tapa Upper Secondary School in dismissing the child from the school and the activities of Laagna Upper Secondary School in admitting the child to the school without the consent of the child’s legal representative (parent) had not been lawful. Under § 146(1) of the Family Law Act, if a child resides in a foster family for an extended period of time, the person actually caring for and raising the child (i.e. foster parent) has the right to decide on matters concerning usual care for the child and represent the child in such matters. Thus, § 146(1) of the Family Law Act distinguishes between matters of usual care and other more important matters outside the scope of usual care. Choice of a child’s school is a decision having an important effect on the child’s future life and, hence, the decision falls outside the scope of usual care. This opinion is also supported by the Basic Schools and Upper Secondary Schools Act and the Minister of Education and Research regulation No 43 of 19 August 2010 “General conditions and procedure for the admission of pupils to school and dismissal from school”. More specifically, under §  3(1) of the regulation a minor is admitted to school only on the basis of a parent’s application, and under §  28(1) clause 1 of the Basic Schools and Upper Secondary Schools Act a pupil is dismissed from school if the pupil or a parent of a pupil with limited active legal capacity has submitted the respective application to the school. Thus, the rights of decision of a parent entitled to provide the care of the child are not restricted by the fact that a grandmother may be the child’s foster parent within the meaning of the Family Law Act, as the legislation leaves the issue of the change of school for the parent to decide. As a result of the proceedings, the Chancellor recommended to both schools to comply with the conditions established by the Basic Schools and Upper Secondary Schools Act and the Minister of Education and Research regulation No 43 of 19 August 2010 when admitting children to or dismissing them from school in the future. In response to the Chancellor’s recommendations both schools replied that in future they would comply with the requirements of the above legislation when admitting pupils to or dismissing them from school. 19