TK: Failure to take into account religion grades in the medium unconstitutional student assessment

The provision of the Ministry of National Education regulation is unconstitutional providing for not taking into account the assessment obtained from religion in the medium grade of the student – the Constitutional Tribunal ruled on Thursday. As he pointed out, the provision was introduced without agreement with the Church Party and religious associations.

The case was about the provisions of the amendment to the regulation on the assessment, classification and promotion of students and students in public schools in force since September 1, 2024. According to them, the annual or final classification grade from religion and ethics is not included in the average grade on the school certificate.

In the justification for the project, the Ministry of National Education indicated that religion or ethics classes are not mandatory. “Due to the fact that religion and ethics classes are not classes for which the student is obliged to attend, it is unjustified that the annual or final classification grade from these classes has an impact on the average grades” – said the ministry.

PiS deputies who appealed to these provisions – in the Constitutional Tribunal by Zbigniew Bogucki represented them – indicated that the amendment to the regulation “radically changed the principles of organizing religion lessons in schools, in particular, it abolished the possibility of including the final grade from religion to the average grade.” In their opinion, such a decision had a direct impact on the perception of the importance of religion lessons by children and adolescents. “Failure to recognize the assessment of this subject, as important enough to affect the average grade of the student causes students to be discouraged from participating in these classes,” they assessed.

The allegations of the appeal indicated, among others on the issue issued by this amendment to the regulation without agreement and agreement with the church authorities. “As a agreement and agreement, it cannot be considered in any way to make public information about consultations taking place in the ministry and express an opinion by the church side, especially since this opinion was clearly negative,” PiS MPs pointed out.

In their opinion, “agreement and agreement means the need to express unambiguous consent to the changes.” “No church authorities in this matter issued such consent,” they emphasized.

This allegation was divided by the Constitutional Tribunal on Thursday, considering that if the ordinance “affects the way of approaching religion assessments – e.g. by excluding them from the calculation of the average assessment, which may have consequences when granting certificates with distinction, awards or recruitment – this directly applies to the organization of religion teachings.”

“Therefore, if the assessment of religion ceases to be treated as in the case of other teaching subjects, and thus loses the influence, e.g. on the average grades and the content of the certificate, then this state is a change in the way of performing tasks related to religion teaching. Therefore, the indicated change must be agreed with churches and other religious associations” – emphasized the Tribunal.

Meanwhile – as the Constitutional Tribunal pointed out – “The inspected legislative change was not introduced in consultation with the church side'

“This judgment removes from the legal system the effect exerted by the inspected regulations of the Regulation of 22 March 2024, consisting in not calculating the grade from religion lessons to the average grade,” – emphasized the Constitutional Tribunal.

The provision was appealed to the Constitutional Tribunal in August last year. On Thursday, the Tribunal considered a case in the composition of three judges led by Jarosław Wymbak. The reporter of the case was the president of the Constitutional Tribunal Bogdan Święczkowski, while the third of the judges was Stanisław Piotrowicz.

“The Tribunal reminds that the verdict has a universally binding force and is final. It is subject to immediate promulgation in the Journal of Laws, while as soon as its announcement at the courtroom has ceased to presume the presumption of constitutionality of the charged subject of control,” the CT announcement after that judgment.

Bishop Osial about the judgment of the Constitutional Tribunal on Religion's assessment: Today's judgment is important and needed

The judgment of the Constitutional Tribunal, considering unconstitutional not taking into account the assessment of religion in the average assessment, is important and needed – assessed Bishop Wojciech Osial. He added that the Church is still awaiting its petition addressed to the Constitutional Tribunal.

“Today's judgment of the Constitutional Tribunal is important. He showed the unlawful actions of the Ministry of National Education in terms of the procedure of change,” said PAP chairman of the Catholic Education Committee of KEP Bishop Wojciech Osial.

According to him, “the changes introduced by the Ministry of National Education violate the provision of the Act on the education system, which talks about the agreement between the Catholic Church, the Orthodox Church and other churches and religious associations.” “This principle has been broken and we protest against it all the time,” said Bishop Osial.

He reminded that from the beginning the Church believed that the changes regarding the lack of grade from religion to the average grade were harmful and unlawful, as well as changes regarding the combination of classes and the minimum number of students in the class introduced by the ordinance of July 26 last year.

Bishop Osial also noted:

“The Catholic Church in Poland is constantly waiting for its petition to be considered by the first president of the Supreme Court to the Constitutional Tribunal regarding the Regulation of 17 January this year, which speaks of reduction from September 1, 2025. Hours of religion lessons at school from two to one week and place them directly before the student's obligatory educational activities or immediately after them.”

Currently, religious education in public schools is organized in the dimension of two lessons a week, and when it comes to ethics, the weekly hours are determined by the school head. The student can go to religion or ethics, both these subjects or none.

According to the new regulations, religion and ethics will be implemented in the dimension of one hour a week. Lessons are to take place immediately before the student's compulsory educational activities or immediately after them. This rule does not apply in those departments of primary school, in which – as of September 15 of the school year – all students attend religion or ethics lessons.

In view of these changes, “firm opposition” expressed the presidium of the Polish Episcopal Conference. “Reduction of the dimension of religion teaching up to one hour a week and an order to organize religion lessons before or after compulsory educational classes limits the right of parents believers to raise children in accordance with their own beliefs and the right of students themselves to systemic support” in development towards full maturity “also covering the spiritual sphere,” the bishops pointed out. They also assessed that the introduced changes “hit constitutionally guaranteed, employee rights of religion teachers.”

Controversy around the Constitutional Tribunal

In the resolution adopted in March 2024, the Sejm stated that “in the activities of the public authority of the CT public authority in violation of the law may be considered a violation of the principle of legalism by these authorities.” It was also added in that resolution that due to the Sejm resolutions of December 2015 regarding the election of CT judges, which were taken in gross violation of law, including The chairman of the Thursday trial, Jarosław Wymbak is not a judge of the Constitutional Tribunal.

Since the resolution by the Sejm in March last year TK judgments are not published in the Journal of Laws.

Therefore, in autumn last autumn, the Minister of Education Barbara Nowacka in a letter transferred to the Constitutional Tribunal on the request of PiS deputies noted that “all procedural decisions of the Tribunal deciding on the essence of the case, or they have no legal authorization taken in incidental matters.” “As a consequence of the above, the Minister of Education has no grounds to present his position in the present case or fulfilling other obligations related to the role of the participant in the proceedings, as it may be fulfilled only in the situation of a legally acting Tribunal,” Novacka emphasized at the time, and representatives of the Ministry of National Education did not participate in the proceedings before the Constitutional Tribunal.

In their application, PiS deputies also appealed against other regulations regarding the teaching of religion, but in this respect the Constitutional Tribunal discontinued the case. He reminded that in November last year they were recognized by the Constitutional Tribunal as unconstitutional after appealing and the president of the Supreme Court Małgorzata Manowska.

In the decision of November 27 last year The Constitutional Tribunal considered the provisions of the subsequent amendment to the Ministry of National Education Regulation of July 26, 2024, according to which, among others The school headmaster could combine in a group from departments or classes in which seven or more students reported to religion, with people from departments or classes in which less than seven children came to religion.

In response to that judgment of the Ministry of National Education, the Ministry of National Education declared that the decision of the Constitutional Tribunal did not have legal effects. According to the Ministry of National Education, the regulation was issued in accordance with the law and has a universally binding force.

The episcopate appeals to Tusk

Presidium of the Polish Episcopal Conference twice – in February and April this year. – issued letters to Prime Minister Donald Tusk asking for public information regarding the lack of publication of last year's November judgment of the Constitutional Tribunal.

The government consistently – for example, in the resolution adopted last December – indicates that the announcement of the CT decisions in official journals could lead to the consolidation of the state of the rule of law. As added, “it is not allowed to announce documents that have been issued by an unauthorized authority.”

From the end of April this year. The Constitutional Tribunal has 11 judges on 15 provided for judges. Because the terms of four judges have ended in recent months, this means that there are currently four judges in the Constitutional Tribunal. Sejm clubs – apart from PiS – consistently do not submit candidates.

Meanwhile, the Constitutional Tribunal is waiting for consideration another of matters regarding the teaching of religion. Namely, on January 20, 2025, another regulation signed by Minister Nowacka was released on the conditions and how to organize religion education in public kindergartens and schools. According to it, from September 1, 2025, religion or ethics will take place in a dimension of one hour a week – immediately before the student's obligatory educational classes or immediately after them.

These regulations – in April this year. – Małgorzata Manowska appealed to the Constitutional Tribunal and the president of the Supreme Court. The application already has its reference number in the Tribunal, but there is no time limit for considering it.

Marcin Jabłoński (PAP)

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