Polish court allows preschools to consider parents' workplace in enrollment

A Polish court has upheld a local government's decision to award extra points in preschool enrollment based on a parent's place of work. The ruling, from the Provincial Administrative Court in Łódź, determined that the criterion is consistent with educational law and serves the needs of families balancing professional and parental duties.

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The court found this criterion rational and consistent with the purpose of the act.

The dispute centered on a 2017 enrollment policy that offered additional points for various factors, including parents' employment status and siblings already attending the facility. However, a specific provision granting five extra points to children whose parents worked in the same municipality as the preschool drew controversy. The regional governor challenged this criterion, arguing it could circumvent enrollment rules and potentially favor children living outside the municipality if their parents were employed there.

Local council members defended the policy, asserting that educational law grants municipalities significant flexibility in setting second-stage enrollment criteria, provided they support family needs and help reconcile work and family responsibilities. The court agreed, emphasizing that the enrollment process first considers statutory criteria like multiple children, disability, or single parenthood. Only when results are equal or places remain available can municipalities apply their own additional criteria.

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Such a solution facilitates the organization of family life, picking up a child from the facility, and reconciling professional and family duties.

The court reasoned that prioritizing children of parents working in the preschool's town facilitates family life, simplifying child pick-ups and work-life balance. It noted that while individuals from outside the municipality could theoretically benefit, this does not violate the law, as local residents are always prioritized. The court also stated that a local regulation cannot be invalidated solely based on the hypothetical possibility of misuse.

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The mere fact that, theoretically, individuals from outside the municipality could also benefit from the criterion does not mean that the law has been violated.