Microsoft word - urejanje_probl_pris_eng.doc

SURVEY ON SCHOOL-BASED MEASURES FOR IMMIGRANT
CHILDREN
1. NATIONAL DEFINITIONS AND DEMOGRAPHIC CONTEXT OF
IMMIGRATION
1.1. National definitions and legislative sources
Immigrants in Slovenia can be classified into four categories (1): 1. Slovene citizens who immigrated to Slovenia because of the disintegration of former Yugoslavia (e.g. officers of the Yugoslav Army and their family members); 2. Slovene citizens who immigrated to Slovenia after temporarily living abroad (e.g. because of work, family reasons) or after living abroad for a longer period of time (e.g. people who emigrated to European countries and countries on other continents before and after World War II; many of them were born abroad and had their first residence abroad); 3. Former refugees from the territory of the former Yugoslavia who remained in Slovenia because they cannot return to their place of origin. In accordance with the legislation in force, these persons are further classified into those with temporary asylum (until 2002); asylum seekers (applicants for asylum from 1999 on) and persons, who have been granted asylum and thus permanent residence permit. 4. Modern economic migrants who are still coming to Slovenia mostly from countries of In accordance with the legislation in force, children who are classified as children of immigrants are divided into the following categories according to their residence status: • children of aliens holding a permanent residence permit and • children of aliens holding a temporary residence permit. To this category belong: minors with temporary asylum: this status was in force until 26 July 2002
and referred to former refugees from Bosnia and Herzegovina; from then
There is no other national classification of immigrants other than statistical classification. The Statistical Office classifies asylum seekers under the category of (former) refugees ( it is a terminological discrepancy; they should name it asylum seekers, since the status of refugee no longer exists. onward these children and their parents too could apply for a permanent residence permit (2); minor asylum seekers and children who have been granted special form of protection (3); minor refugees: in the Republic of Slovenia alien refugees are granted
asylum and thus a permanent residence permit on the basis of reasons
determined by the Geneva Convention and Protocol relating to the Status of
Refugees (4).
1.2. Rights to education and to support measures
All school-age children living on the territory of the Republic of Slovenia have the right to compulsory schooling. They are allowed to attend compulsory education under the same conditions as those in force for pupils who are Slovene citizens. The Elementary School Act (1996) provides that ‘Children being foreign citizens or without citizenship and living in the Republic of Slovenia have the right to compulsory elementary education under equal conditions as the citizens of the Republic of Slovenia”. Legislation does not single out children who reside irregularly in the country. In case of persons with temporary asylum (war refugees from Bosnia and Herzegovina) as well as asylum seekers from the Asylum Act (1999), the condition of reciprocity does not apply, so that all their children can attend school free of charge. Article 23 of the Temporary Asylum Act (1997) provided that ‘the Ministry responsible for education organises elementary education for compulsory school-age persons with temporary asylum. The Ministry responsible for education organises education of persons with temporary asylum on secondary and post-secondary level in accordance with the capacity of study places, financial and other possibilities of the Republic of Slovenia’. The arrangements are the same as for Slovenian citizens. Following the provisions in the bilateral agreements, it has never happened that a young person with temporary asylum or with a permanent residence permit must pay for tuition or is rejected because of the lack of study places. Under the Temporary Asylum Act (1997) (Official Gazette, Nos. 20/97 and 67/02), asylum and temporary asylum differ in the type of status a person can acquire (asylum gives permanent status, whereas temporary asylum does not); there are further differences in issuing of work permits, health insurance and the like. The status of temporary asylum should only last a year or two. In Slovenia, however, people acquired the status of temporary asylum even for ten years and more. In 2002 the Act Amending the Temporary Asylum Act was adopted under which persons with temporary asylum can acquire the status of an alien holding a permanent residence permit. (3) Asylum Act (1999), Official Gazette, Nos. 61/99, 124/00, 67/01 and 98/03. (4) Other legal references are as follows: Aliens Act (Official Gazette, No. 108/02); Residence Registration Act (Official Gazette, No. 9/01); Citizenship of the Republic of Slovenia Act (Official Gazette, No. 7/03); Act Regulating the Legal Status of Citizens of Former Yugoslavia Living in the Republic of Slovenia (Official Gazette, Nos. 61/99 and 64/01); Police Act (Official Gazette, Nos. 49/98, 93/01 and 52/02); Employment of Aliens Act (Official Gazette, No. 66/00); National Border Control Act (Official Gazette, No. 87/02); Resolution on Migration Policy of the Republic of Slovenia (Official Gazette, No. 40/99, No. 106/02). Children, who are entitled to support, must have the status of an asylum applicant (a person who apply for asylum and has not been granted the status yet), the status of a refugee with temporary asylum, or the status of a person who has been granted an asylum status in all mentioned cases they have equal rights as Slovene children. 1.3. Demographic information
Most people without Slovene citizenship immigrated to Slovenia from republics or countries of the former Yugoslavia, most of them from Bosnia and Herzegovina (18,000) – often as a result of war in this country. Other countries of former Yugoslavia follow in the same order as for immigration in general. Only 9% of all immigrants living in Slovenia came from other countries. Immigrants represent less than 2% of total population in Slovenia. According to 2002 Census data, on 31 March 2002 the population of Slovenia was 1,964,036, of whom 39 359 were foreigners. The situation with re-emigrants is exactly the opposite. Only 20% of them came from countries of former Yugoslavia and 80% from mostly European countries, especially those countries in which Slovenes traditionally sought employment as migrant workers (Germany – 300; Austria – 250). During military conflicts on the territories of ex-Yugoslavia, Slovenia offered asylum to many refugees from Croatia, Bosnia and Herzegovina and later from Kosovo. It took 10 years for a final regulation of their status. So far Slovenia has recognised asylum to 54 people. From the mid-1990s Slovenia has been a stop on the road of refugees to the countries of the European Union. The number of illegal border crossings started to decrease after 2000, and along with that the need for large accommodation facilities also. TABLE 1: NUMBER OF ALIEN PUPILS IN ELEMENTARY SCHOOLS
(SINCE 1995/96 TILL 2002/03)

Temporary asylum
Number of
Percentages
Refugees from Bosnia and
Herzegovina
1995/96
Source: Ministry of Education, Science and Sport According to the data from the Ministry of Education there have been no children illegally resident in schools so far. 2. MEASURES OFFERING SCHOOL-BASED SUPPORT TO
IMMIGRANT CHILDREN
The Act Amending the Temporary Asylum Act (2002) which enabled people with temporary asylum to acquire a permanent residence permit – determines that all persons who acquired a permanent residence permit are entitled to free schooling also in secondary and tertiary education. They are therefore equal to Slovenian citizens in this respect. So, the measures described below correspond only to children with temporary resident permit. 2.1. Reception and Guidance
Applicants for asylum are thus currently in the majority of cases settled in the Asylum Centre in Ljubljana as well as in reception centres of the Office for Immigration and Refugees (in Črnomelj, Hrastnik, Ilirska Bistrica, Kozina and Postojna). The adoption of the Asylum Act (1999) and the establishment of the Asylum Centre in Ljubljana made it possible for a pre-school institution for minor asylum applicants to be organised in the Asylum Centre. 2.2. Integration into school learning
The Elementary School Act (1996) provides that the teaching of Slovene language may be
offered to immigrant children. This linguistic support is organised in centres in Ljubljana,
Celje, Maribor, Postojna, Črnomelj and Kozina. These centers are temporary homes for
asylum seekers, not schools. It is difficult to organise special support in schools, in which only
individual pupils are enrolled. The teacher who accepts a foreign pupil is obliged to prepare
an individual learning plan for work with this pupil. The teacher’s individual learning plan also
includes an assessment plan and sets the criteria for assessment; these are suited to the
pupil’s abilities and include elements for motivating the pupil.
Where bigger groups of pupils (usually 3 or more) needed learning support, a specially trained teacher with the knowledge of their language was available. Teachers were specially prepared for Albanian-speaking pupils and special seminars were organised for them. Basic textbooks materials were prepared as well (a short dictionary of the most frequent words, short texts for translation and the like). Immigrant pupils are also included in remedial and additional classes (alongside the
described hours of individual learning support in the first year of schooling) if the teachers
judge it to be necessary.
In compliance with the Order on norms, standards and elements for allocation of posts which
is the basis for the organisation and financing of the Programme of the 9-year Elementary
School from State Budget Resources (Official Gazette, No. 27/1999) schools for immigrant
pupils must put in an application to the Ministry of Education which in each individual case
approves a certain number of hours of individual or group support for pupils. In school year
2002/03 they had a teacher for additional expert help for foreign pupils in 27 schools.
Prior to the reception of immigrant children teachers learn about cultural, social and other
characteristics of the newcomers in special seminars. Experts who run these seminars also
introduce the school system from which the children come as well as political situation in their
countries. Thus teachers are well prepared, have a positive attitude and are able to prepare
Slovene pupils in an adequate manner for the arrival of immigrant children.
2.3. Support of own language, culture, religion
The Elementary School Act (1996) provides that ‘The instruction of native languages and cultures of children being foreign citizens or without citizenship and living in the Republic of Slovenia shall be offered in compliance with international agreements (.) the teaching of their respective native languages and cultures shall be organised for the children of Slovene citizens living in the Republic of Slovenia whose mother tongue is not Slovene.’ Immigrant children have the possibility of learning their mother tongue in accordance with the European Union Council Directive 77/486/EEC concerning education of children of migrant workers. This possibility is defined in the national legislation and in bilateral agreements and interministerial protocols with countries of origin of members of national communities (5). Mother tongue classes– as practiced elsewhere in Europe too – are organised in cooperation with the country of origin. Slovenia has always responded to these incentives, so that the language classes are held for different languages, depending on the interest in individual school year. In 2003, for example, classes of Macedonian are held, while in the past years classes of Croatian and Albanian were organised. Another possibility for learning the mother tongue is as an elective subject in elementary school. In some schools Croatian has been taught (as a second foreign language), and a syllabus for Serbian as an elective subject is being prepared. 2.4. Adaptation of daily school life
Special adjustments are not systemic, but are by all means possible with regard to food (adapted menus) and clothing. 2.5. Access to school services and special financial aid
All immigrants children have the right of access to the school services on the same terms as Slovenian children (e.g. free meals in school, free transport, free textbooks). There are no special rules or regulations, but recommendations and projects, such as financial aid for purchase of text-books, paying fees and special assistance. The Ministry of education regularly sends circular letters to schools. Schools involve their students of Slovene nationality as volunteers to help students from abroad. Asylum applicants benefit from special economic aid, provided by the Ministry of Education and municipalities. Fees for after-school classes in Grades 5 and 6 of elementary school, fees for material costs for outdoor instruction and fees for meals for asylum applicants pupils, who are included in compulsory elementary education in the Republic of Slovenia, are determined in compliance with Article 83 of the Organization and Financing of Education Act. In Slovenia, there are two autonomous communities: Italian minority and Hungarian minority, each having their legal rights, authorities, representatives in the Parliament, etc. 2.6. Languages tuition for parents and families
The Ministry of education does not provide language tuition for parents separately, but within the adult education programmes. 2.7. Information to parents
The Ministry of Education does not organise or prescribe special initiatives in order to inform parents, but schools do inform parents. Teachers who are trained to teach asylum applicants normally organise meetings with parents. Informing parents of the immigrant children is a part of their normal teaching duties. 2.8. Funding
The rights of asylum applicants in Slovenia for the area of education are regulated by the Regulations on Manners and Conditions to Guarantee the Rights of Asylum Applicants and Aliens who have been Granted the Special Form of Protection (6). Article 34 of the Regulations provides that ‘in compliance with the provisions of Article 81 of the Organization and Financing of Education Act (Official Gazette, Nos. 12/96, 23/96, 22/00 and 64/01), funds from state budget to ensure the right to elementary education are provided for asylum applicants in the same extent and in the manner as for the citizens of the Republic of Slovenia, who are included in compulsory elementary education in public-sector elementary schools (…) Financial sources from state budget are earmarked for individual and group help for pupils-asylum applicants in the first year of their schooling, but should not exceed two hours a week. For the time when they are included in compulsory elementary education, pupils-asylum applicants are guaranteed a free use of textbooks from the textbook fund by their school.’ The Regulations are limited only to compulsory education, but the above mentioned bilateral agreements make it possible to extend financial aid throughout all other levels of education. 3. IMPORTANCE ATTACHED TO THE INTERCULTURAL APPROACH
IN EDUCATION
3.1. Curriculum
The intercultural approach is defined in all documents which form the basis for the realisation
of educational activities in the Republic of Slovenia. The White Paper on Education (1996)
says: ‘(…) it is necessary to become acquainted with other cultures and civilisations, to learn
mutual tolerance and respect for human differences. Parallel learning about national and
foreign cultures ‘plays an important role in forming and disseminating national culture and in
understanding the processes of European integration, migrations, political changes, etc.’ (…).
‘Such intercultural comparisons help in broadening the spirit, making comparisons and
reducing ethnocentricity (Eurocentricity included). They also help people to achieve a better
understanding of their own identity and tradition.’
The Organization and Financing of Education Act (1996) cites as educational objectives
‘educating for mutual tolerance, developing the awareness of the equality of rights for men
and women, respect for human diversity and mutual cooperation, respect for children’s and
human rights and fundamental freedoms, and fostering equal opportunities for both sexes and
(6) Official Gazette, No. 80, 13 Sept 2002. thereby the capacity to live in a democratic society’ as well as ‘enabling participation in European integration processes’. The Elementary School Act cites goals through which teachers and pre-school teachers in
elementary schools ought to ‘educate for mutual tolerance and respect for being different,
willingness to cooperate, respect for human rights and basic freedoms and, consequently,
develop the ability to live in a democratic society’, ‘foster and preserve our own cultural
tradition’ as well as ‘learn about other cultures and foreign languages’.
On the level of compulsory subjects we find the following topics among the goals in the following subjects: Slovene language: Pupils ‘broaden their horizons and become tolerant to other cultures’ and
‘develop national and civic awareness, and through this respect for and tolerance to other
languages and nations’.
Social sciences: ‘Pupils are taught to master different skills such as social skills (acceptance
of and respect for diversity, respect for cultural and national heritage, care for other people…),
to learn and understand the meaning of fundamental human and children’s rights and
responsibility…’.
Geography and History: Pupils learn about the wealth of the diversity of peoples on earth
and are educated to respect these diversities and tolerance to those whose religion, race,
language and customs are different…’. (…) through looking at examples from history they
develop awareness for values which are important for autonomous team work and for life in a
pluralistic and democratic society (tolerance, openness, peacefulness, tolerance in listening to
other people’s opinions and arguing about one’s own, cooperation, respect for fundamental
human rights and dignity)…’.
German: ‘… understanding of differences between one’s own culture and the culture of
German-speaking communities. In the same way, the ability for intercultural understanding
and critical approach towards individual foreign words and cultural concepts are developed.
Pupils develop an integral intercultural communication ability.’
On the level of elective subjects (pupils in Year 7 choose three) the topics that deal with
interculturality and tolerance are included in the syllabi of the following subjects: Philosophy
for children, Religion and ethics and Civic education.
Numerous schools, headteachers and individual teachers, above all in the last 5–7 years, encourage their pupils to develop international contacts. They carry out international school projects, link up and exchange their pupils with pupils from other countries, encourage virtual communication supported by modern information technology. The number of pupil, student and even class exchanges is on the increase. In the school year 2003/04 the National Education Institute will publish the Catalogue of
Counselling Services in which schools are given the opportunity to order an advisory service
or a thematic conference, where a counsellor of the Institute will present the possibilities for
encouraging interculturality in school. In school year 2002/03 schools received a circular
letter of the Minister of Education and the director of the National Education Institute in which
special importance is given to intercultural education among other things.
3.2. Teacher training
Since 1989 the National Education Institute has organised study exchanges of Slovene teachers with foreign teachers from Switzerland, Germany, Sweden, etc and study stays of foreign teachers in Slovenia. In the above mentioned subjects the elements of interculturality and tolerance are included in the initial training of teachers as well as in the programmes of permanent education and training of teachers which are publicly advertised by the Ministry every year. For some years the National Education Institute has carried out permanent education and training programmes for teachers on subjects such as ‘Intercultural learning: A challenge or/and the need of contemporary school’, ‘Work with parents of (Non-)Slovene children, adolescents’, ‘Learning through game for tolerance and understanding of people who are different’. This kind of in-service training is not obligatory by law, but the school head has a right to direct or recommend it to his/her staff, especially if it is necessary because of the teacher's specific duties. Some of the main aims of the seminars are as follows: • To throw light on interculturality as an important didactic principle of contemporary • To train teachers to recognise diversity in the classroom and in the living environment • To encourage the application of modern methods of teaching in nationally, linguistically and culturally heterogeneous classes and in work with parents; • To raise teachers’ awareness of the need for cooperative learning in the classroom between pupils of different national, linguistic and cultural origins; • To acquire skills for intercultural activities in class, in class meetings, extra-curricular • To encourage teachers to plan and carry out different school projects which enable pupils of different nationalities to introduce elements of their culture. 4. EVALUATION, PILOT PROJECTS, DEBATES AND
FORTHCOMING REFORMS
4.1. Evaluation
The schooling of Bosnian refugees between 1992 and 2003 was constantly monitored and evaluated. The Ministry of Education monitored achievement, educational issues and other issues pertaining to the schooling of Bosnian pupils. It was generally agreed that their schooling was successful, that there were no educational or other problems with the pupils, that parents of Slovene children did not complain about enrolment of refugees, and that refugees frequently contributed in a positive manner to the atmosphere in the classroom. With the support of financial donors (UNHCR and the Office for Immigration and Refugees) and of the Slovene Philanthropy (support in working with teachers and in organisation of voluntary work), the Ministry of Education made it possible for numerous refugees to successfully complete elementary school and continued their education. The general opinion is that refugees in Slovene schools also had a positive influence on Slovene children and society in general as the desire to help children forget the horrors they experienced in their native environments had influenced the tolerance of the host nation. 4.2. Debates and forthcoming reforms
Some of the questions regarding enforcement of rights of the refugees (from Croatia, Bosnia, Herzegovina and Kosovo) and their integration in the society have not yet been resolved in a satisfactory way. The road to an efficient asylum and integration policy is a long one, according to non-governmental organisation, services and staff involved in solving the problems of immigrants. In 2003 the Government decided that in the future all questions regarding asylum policy (procedures, board and lodging of applicants and above all integration as a special category) ought to be brought together under the same roof within the Ministry of Internal Affairs. Non-governmental organisations, which are mostly engaged in solving the problems of immigrants, judge the Government’s decision as not appropriate. In the area of education of immigrants and refugees there are no major changes. The experience of 10 years have equipped the Slovene school system with the ability for a quick and efficient intervention upon potential arrivals of larger numbers of children to Slovene schools. But following the resolutions and conclusions of the seminars and public round-table discussions at any rate it will be necessary in the future also to legally formalise forms of support for immigrant children (mainly from the point of view of additional support with linguistic barriers, different levels of knowledge and so on).

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