High cost of school lunches in establishments without their own kitchen. The Ministry of the Education and Science is considering a revision of the legislation
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In response to requests addressed to the Office of the Commissioner of Human Rights, the Commissioner, Marcin Wiącek, sent a letter to the Minister of Education and Science, Przemysław Czarnek, concerning the issue of the availability of hot meals in schools. The issue relates to existing discrepancies in the interpretation of the provisions of the Education Act and differences in the cost of meals depending on the way they are prepared and delivered.
According to the law, schools are obliged to provide pupils with the opportunity to eat one hot meal a day and to create appropriate conditions for its consumption. However, in practice there are signals from parents who complain about the high cost of meals in some kindergartens and schools. The differences in lunch fees between institutions can be considerable. Many institutions use catering companies, which in turn means additional costs for parents.
Administrative courts have ruled that parents should only pay for the food used to prepare the meals and that the remaining costs should be charged to the authority running the institution. However, many schools currently pass these costs on to parents which can lead to unequal treatment of pupils and a violation of the principle of equality.
The CHR stressed the need for clear legislation stating that only the cost of food used in the preparation of meals can be financed from the funds collected from parents. This would regulate the issue of funding and prevent the unjustified shifting of costs to parents.
The CHR also supported the programme to develop the network of canteens in public schools, which has contributed to an increase in the number of pupils benefiting from hot meals at school. It was felt that clear regulations and clarification of the issue of funding for meals would help to improve compliance and the health and nutritional quality of children and adolescents.
In response to the CHR’s intervention, the Ministry of Education and Science is considering the possibility of amending the Education Act given the seriousness of the problem and the existing situation of disparity in the cost of a hot meal for schoolchildren paid by parents.
The Ministry of Education and Science also announced that it would continue its programme to develop the network of school canteens and that it would consider amending the regulations on the financing of meals in educational institutions. The aim of these measures is to improve the quality of nutrition for children and young people and to ensure equal access to meals for all pupils.
