The narrative of removing the ambiguity of the word “Vali” in school!
Fars News Agency – Education Department: It was reported yesterday that education has finally removed the ambiguity of the word “guardian” and it means both father and mother, and as a result, other mothers have no problem getting their child’s file and documents at school. The mothers were relieved.
But what was really going on and what made education end this story with a circular ?!
In late September of this year, a newspaper claimed that a new circular had been issued by the Ministry of Education to schools in May, according to which students’ transcripts would no longer be given to mothers.
The hostile and expatriate media, which were empty-handed to create suspicion and concern among the Iranian people, with great joy that they found an interesting subject, prepared a report and held a roundtable, etc., so that they could, by muddy the water, for The fish themselves catch
The reaction of the officials of the Ministry of Education was also interesting in its kind to this news; Because each section was asking which deputy issued such a circular ?! And finally, the question was raised that a circular has been issued at all ?! In fact, the officials of the Ministry of Education had a question mark in this regard! Almost all the relevant deputies and administrations denied sending such a circular, in other words, the main issue itself was ambiguous.
So far, at least, according to the managers, there was no directive and the media claiming that it had not issued a directive! But the other point was that finally, a number of parents had complained that this issue needed to be investigated and whether there was really a ban on mothers in the field of school?
To answer this question, we went to the documents to see what process this issue has gone through in education documents and how this corresponds to the reality of society.
** But in the circular of 1976, it meant parents
On March 11, 1997, the Director General of Education Examinations issued a circular to the General Departments of Education of the provinces in a circular in order to create a uniform procedure for the delivery of diplomas of students and free volunteers. Clause 5 states: “Delivery of the diploma to the beneficiary, provided that he / she is at least 18 years old or the guardian of the student and the free volunteer (parents or legal guardian) must be done by presenting a documentary certificate and a valid photographer ID card.” .
In this circular, the definition of “guardian” is quite clear with the explanation of the parents or legal guardians, and in those years this process continued until 1996; Of course, at the same time as the parents’ disputes and the issue of divorce and divorce or issues such as social harms that affected some families, the work of the school principal and deputies was difficult to deal with parents.
The former director of a school in the cities of Tehran told a Fars reporter: The school is struggling with several problems. There should be space for education in order to provide quality education, but there are problems such as lack of per capita, instability of educational space, lack of standard equipment of leading school officials. Now imagine that in addition to the involvement of school officials with educational, upbringing, equipment and financial issues, there are also parental conflicts.
He continued: in parental conflicts, not only children, but sometimes schools are also damaged; I even know co-workers who got into parental disputes and had their cases taken to court.
** Request for assignment of the law of document delivery due to legal and civil changes
The process of presenting the students’ diplomas was carried out in the same way as mentioned until February 6, 1996, that is, for 20 years, both the father, the mother and the legal guardian were allowed to receive the diplomas.
However, on February 6, 1996, Abdul Rasool Emadi, the then head of the Education Assessment Center, addressed the Legal, Property, and Judicial Support Office of the Ministry of Education to hand over the students’ diplomas due to legal and civil changes.
In this letter, Abdolrasoul Emadi referred to the same instructions for unifying the procedure for handing over students’ diplomas in 1997 and asked a few questions:
1. Are persons who have not reached the age of puberty legally a minor child under the compulsory guardianship of their father and paternal grandfather?
2. People who have reached the age of puberty but have graduated in one or more educational courses, if they have the minimum age requirements and do not reach the age of eligibility?
3- The group of students who have reached the age of majority but have not reached the legal age (less than 18) but live separately with their parents due to family problems?
4- A female student who has reached the legal age (18 years old)?
5. A male student who has reached the legal age (18 years old)?
6- Students who are legally covered by guardianship, trusteeship, special supervision, custody, etc.?
** Changes in the way students present their degrees after 20 years
Three days later, the Legal, Property and Judicial Support Office of Education wrote in response to questions from the then head of the Education Assessment Center:
1- Considering that according to Article 1210 of the Civil Code, reaching the age of puberty is considered as growth and vice versa, it needs to be proved. Individuals are in all matters related to themselves (except finances). Therefore, the delivery of a degree to a Rashid (adult) student who is not subject to financial interference is legally permissible.
However, in the case of immature students, in accordance with Article 1180 of the Civil Code, the delivery of documents to the forcible guardian (father and paternal grandfather), lawyer or legal deputy of the student is allowed. “Otherwise, correspondence on a case-by-case basis to provide the necessary response.”
In other words, according to this rule, students’ diplomas must be given to the student’s father, paternal grandfather, lawyer or legal representative by law; In this regard, the principal of a school in Tehran told a Fars reporter: “We are not very strict at school, meaning that a parent may come to the school to register and we will receive the documents.” Of course, in principle, strictness for the father to attend school is in the entrance grades, because in the middle grades, students are automatically transferred to a higher grade and there is no need for parents to attend school.
He continued: “Providing a degree only for the delivery of a high school diploma becomes strict, which is why students come with their mothers to deliver a degree.”
The school principal added: “School principals enforce strict rules in a situation where there is concern about parental relationships or their health.” For example, when the mother suffers from social harm or the parents’ lawsuit is brought to school.
** Schools do not get involved in mother-father quarrels
When the issue of complaints about not delivering the report card to mothers was raised, we went to Mahmoud Amani Tehrani and talked to him about whether anything had changed since the end of 1996?
In this regard, Amani Tehrani announced the approval of the executive regulations of schools and that the approach in this regulation has changed and told a Fars reporter: “We did not make any difference to parents in these matters.” That is, schools do not get into parental quarrels over such things. Also, there is no place for coercion and it will not fall into these categories at all.
In response to the question, “If, for example, the father calls the school and says that he divorced my wife, if he comes to take our son’s case, you do not give it to him, what should the schools do?” It is another thing. First, the student file no longer exists as a physical file and has become an electronic file. The person who goes to register the student at the school, the file is automatically transferred from the previous school to the next school. In fact, there is no such thing as a physical record like what already existed, to give to one and not to give to another.
Amani stated: The person who registers for the next school can be both a parent. If there is a court order in a case, we will apply. According to the executive regulations, “guardian” is “guardian”, meaning he is a parent.
** Ambiguity in the word “Vali”
Article 42 of the School Regulations on the Registration and Continuation of Students states: “The presence of one of the parents (parents) or the guardian / legal guardian accompanying the student at the time of enrollment in any of the courses is essential. “In exceptional cases, at the discretion of the school principal, student enrollment is unrestricted without the presence of a parent or legal guardian.”
A note to Article 157 also states: “Delivery of students’ files and diplomas to their guardian or legal guardian is unrestricted at the discretion of the school principal.”
Despite all the remarks made by the Secretary-General of the Higher Education Council, the word “guardian” in the footnote to Article 157 became ambiguous, and some said that if the parent was meant to be a parent, he should have used the word “parents” as in Article 42. .
Even Fatemeh Ghasempour, the head of the parliamentary women’s faction, wrote a letter to the head of education asking for an explanation.
** “Vali” refers to both father and mother
Mahmoud Amani Tehrani, Secretary General of the Higher Education Council, wrote in a letter to the Director General of the Education Affairs Office on the 3rd of October this year (1400) regarding a note to Article 157: is. The word is also used to mean guardian. Under normal circumstances, the word “guardian” mentioned in a note to Article 157 of the School By-Laws refers to both “father” and “mother” and there is no difference between parents (parents) in taking care of their children’s education and obtaining a degree. “They do not have a degree.”
It goes without saying that the new school executive regulations were announced last month on a trial basis, and even if the schools acted as before, it is not surprising that the new executive regulations were not in place.
** New directive of the General Directorate of Complaints Response to the provinces
The General Directorate of Performance Evaluation and Response to Complaints of the Ministry of Education issued a circular to the General Departments of Education of the provinces to “deliver the student’s file and educational documents to the parents or their legal guardian at the discretion of the principal.”
According to this directive, under normal circumstances, there is no difference between parents (parents) in taking care of their children’s education and obtaining their diplomas and educational records.
According to Fars, on this basis, the issue of ambiguity in the transcripts and diplomas of students has been resolved, and from now on, school officials will not be strict about the presence of the father in the school.
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