The rules of procedure at Tallinn Technical High School (Tallinna tehnikagümnaasium) stipulate that students may only leave the premises during the school day (during lessons and breaks), if they have written permission from their class teacher, school nurse or a member of the school's management. Without written permission, cloakroom attendants will not give students back their outdoor coats and security guards will not allow them to exit the school building.

Tallinn Technical High School justified its procedure on the grounds that students of all grades study in the same building and therefore, in the interests of safety, the same rules apply to all children on the premises.

Chancellor of Justice Ülle Madise was asked whether this type of arrangement was lawful. Madise then informed the school as well as the Tallinn Education Board that, although the school has a duty to ensure the safety of its students, it cannot itself decide to restrict their freedom of movement.

"The law allows schools to restrict the movement of primary school pupils /.../ from the school building and the school grounds, for security and monitoring purposes, but not the movement of high school pupils away from the school. Of course, the school does have the right to control the entering and exiting of pupils, including high school pupils, from the school premises, for example by asking them to identify themselves using a student card or some other means," Madise explained.

According to the Chancellor of Justice, the procedure established at Tallinn Technical High School could be viewed as restricting pupils from leaving the school building, meaning that students are obliged to ask for permission to leave. Attendance at high school is not compulsory and so the school must therefore use other methods if it wants to ensure students attend classes.

"The law does not require secondary school pupils to justify their absence from the school premises during the school day. Nor does a pupil have to ask the school for permission if they need to be absent from a lesson during the school day," said Madise.

The justice chancellor added that schools have the right to control the movement of some students, though not all of them. The obligation to coordinate absences with the school in advance is, in essence, an obligation to obtain permission from the school to be absent. However, such permission has no legal basis according to the law, she said.

According to Madise, it is in-keeping with the law for high school pupils or their parents to inform the school in advance of their absence if possible. However, it is not the case that compulsory written notification must be produced.

In response, Tallinn Technical High School confirmed to the Chancellor of Justice that they are now planning to discuss changes to the school's rules of procedure during the April break.

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