The school mediator deals with cases in connection with:
- efforts to keep students at risk of dropping out of school within the school system;
- the inclusion of students with special educational needs in the school system;
- the integration into the school system of children from immigrant backgrounds who do not have a sufficient command of Luxembourgish, German or French to attend regular education.
Who is concerned
The following persons may refer a case to the school mediator:
- parents or legal representatives of students under 18 years of age;
- students aged 18 or over;
- professionals within the national education system.
The mediator’s role
The school mediator handles complaints relating to situations where:
- the school does not offer adequate training;
- the school does not operate in accordance with its purpose;
- the school or a department of the national education system is violating existing legislation.
The mediator provides students' parents – or students aged 18 or over – with guidance and advice on the best course of action take to resolve the issue.
Cases may only be referred to the mediator once a solution has been sought in consultation with the relevant actors within the school community (e.g. the class teacher, regional director, schoolmaster/mistress, head teacher, the student’s main representative, the director of the centre for specialist psychoeducational skills) to no avail.
How to proceed
Filing a claim
Eligible persons can refer their case to the mediator by submitting an individual claim.
When filing their claim, claimants must specify:
- their surname and first name(s);
- the student's surname and first name(s) (when they are under 18);
- the surname and first name(s) of the student’s legal representative (if different from that of the claimant);
- their own national identification number as well as that of the student (if under 18);
- their contact details;
- the student’s IAM identifier;
- the subject of the claim;
- any additional information concerning their individual claim, and on the service received at the school mediator’s office.
Upon receiving the claim form, the school mediator will advise the claimant in writing of any follow-up action that will be taken.
If the mediator does not believe the claim to be justified, they must inform the claimant in writing, giving the reasons for their decision.
Where a claim is deemed to be well founded, the mediator will launch an enquiry. Once the enquiry is completed, the mediator may, with a view to reaching a fair and amicable solution:
- offer guidance and advice to all of the parties concerned (departments, schools, claimants, etc.);
- propose possible solutions;
- submit recommendations.
The school mediator requires written authorisation from the parents of a minor student, or from the student aged 18 or over, to request, in writing or orally, that the departments and schools involved provide all information relevant to the enquiry. The director or head of department shall provide the mediator with all files and information relating to the case within the agreed time. Mediators are entitled to view relevant documents even when they are secret or confidential.
The mediator and their officers are bound by professional secrecy. Where persons' names have been disclosed to the mediator, they shall make every effort to ensure that no information that could lead to the identification of those persons is revealed in the documents drawn up by their office or in their communications.
The school mediator’s decision not to pursue a claim may not be appealed before a court.