Legal Compass

Law on the Foundations of the Education System

LawSerbiaEducation / pupil rights / educational institutions

Sets basic rules for education, institutional operation, children’s and pupils’ rights, assessment and supervision. It works alongside laws for particular education levels and concerns families, pupils and employees.

This material is for information.

Avangarda does not provide legal representation. These materials are here to inform and to make rights easier to understand. For a concrete legal procedure, contact a lawyer, legal aid service or the relevant institution.

Education / pupil rights / educational institutions

Serbia’s framework education law establishes common rules for preschool, primary and secondary education and adult education. It regulates institutions, children’s and pupils’ position, assessment, employees, accountability and supervision. Legislation for each education level supplements this framework. A school rulebook cannot replace statutory protection, but often explains organisation and procedures within a particular institution. The applicable education level and the nature of the decision must therefore be identified together.

The Ministry of Education, school administration and inspection services, and institutional bodies perform different tasks. Pupils, parents or legal representatives should first identify the issue: a grade, examination, employee conduct, violence or another administrative act. A headteacher and support team are different from an authority deciding a legal challenge. Support rights and protection from discrimination must be read with relevant legislation; a child’s needs cannot be reduced to one diagnosis or document.

Keep the decision, delivery date, notices and relevant correspondence. Explain concrete facts, school, class and requested protection in a request or objection, checking the procedure and deadline for that specific decision. An informal conversation with a teacher does not necessarily constitute a legal remedy. For violence or immediate danger, seek appropriate urgent action and pursue administrative protection according to the case. Avoid unnecessary disclosure of the child’s personal information while collecting evidence.

The current publication chain is Official Gazette 88/2017, 27/2018 through other laws, 10/2019, 6/2020, 129/2021, 92/2023 and 19/2025 of 6 March 2025. The latest amendment takes effect on the eighth day after publication. Article 16 links a particular rule to school year 2025/2026; Article 17 moves earlier deadlines to 2027/2028 and 2028/2029. Provisions do not all apply from one date. Consult the current Legal Information System, the relevant education-level law and rulebooks; a ministry PDF ending at 6/2020 is insufficient.

This is Avangarda’s informative editorial overview and translation, not an official translation. For a particular case, check the current law through the official source, relevant implementing rules and individual decisions, and seek qualified legal help where needed. This overview does not replace the legislation or a competent authority’s decision.

What is this for?

Helps identify school rights, obligations, authorities and the protection procedure relevant to a particular decision or incident.

Who can use it?

Children, pupils, parents and other legal representatives, employees and institutions; powers depend on age and procedural role.

When should it be used?

For disputed assessment, rights violations, violence, support needs or questions about an educational institution’s operation.