The role of a whistleblower in school: Who does the new regulation cover and what steps must principals of educational institutions take?

The protection of whistleblowers in Polish schools is becoming an increasingly important topic in the context of new legal regulations introduced by the Act of 14 June 2024. With the introduction of these provisions, specific obligations were imposed on educational institutions aimed at creating a safe and transparent work environment. In this article, we will look at who the whistleblower in school is, who the new obligations related to the Act on the Protection of Whistleblowers apply to, and what actions should be taken by directors of educational institutions to meet legal requirements.

Who is a whistleblower at school?

A whistleblower is a person who reports violations of law, ethics or internal standards in the organization in which they work or with which they are associated. In a school environment, a whistleblower can be any member of the community - a teacher, an administrative employee or even a parent of a student. The role of a whistleblower is to protect the common good by disclosing irregularities, which may include mobbing, discrimination, abuse of power, as well as violations of labor law or ethical principles. The new regulations provide whistleblowers with protection from retaliation, which is intended to create a safe environment for reporting such problems.

Who do the new obligations under the Whistleblower Protection Act apply to?

According to the Act of June 14, 2024, the obligation to implement systems for reporting violations of the law applies to most schools in Poland, both public and non-public. These provisions apply to institutions employing at least 50 people, including not only full-time employees, but also collaborators on civil law contracts. The exception are schools in small communes and counties, with fewer than 10 thousand inhabitants, where this obligation is not imposed, although the implementation of reporting procedures is still recommended.

For schools that must implement these systems, failure to comply with the new regulations can result in a fine, underlining the importance of this obligation. In addition to protecting whistleblowers, the new regulations aim to build a culture of safety and transparency in Polish educational institutions.

What actions should principals of educational institutions take?

School and kindergarten principals have a limited time to adapt to the new regulations. By September 24, 2024, educational institutions must introduce effective systems for receiving reports that will allow for anonymous reporting of irregularities. This process includes several key steps:

1. Conducting a needs and capabilities analysis: Each facility must assess what solutions are most appropriate for them and what resources are needed to implement the reporting system.
2. Adoption of an internal reporting procedure: After consultation with trade unions or employee representatives, directors must establish a reporting procedure that meets the requirements of the Act. It is important that this procedure is understandable to all employees and effectively protects whistleblowers.
3. Appointment of responsible persons: Impartial persons or units within the school should be appointed to receive reports and to conduct follow-up activities. These may be the same persons, but they must be appropriately trained and have the necessary authorisations.
4. Conducting training and educational activities: Education and communication are key to changing the organizational culture in a school. Employees must be aware of their rights and responsibilities and know how to use reporting systems.
5. Data Management and Whistleblower Protection: Protecting the identity of whistleblowers and those who facilitate reporting is essential. Directors must ensure confidentiality of data and prevent retaliation.
6. Maintaining a Register of Reports: Facilities must also maintain a register of reports that records all incidents of violations, the actions taken, and the outcome of the investigation.

Implementing these actions is essential to ensuring compliance with the new regulations and to building trust and a sense of safety in the school environment. Principals who neglect these responsibilities can expose their schools to serious legal and financial consequences.

Special offer for directors of educational institutions

In connection with the new obligations, we have prepared a special offer for school and kindergarten principals. If you contact us and provide the password "Whistleblower in education", we will provide a system for handling whistleblowers in a special promotion - for a year for only PLN 1,000 net. Additionally, we will provide you with templates of procedures, thanks to which you will meet all the requirements of the act. This unique offer will allow you not only to meet legal requirements, but also to introduce an effective and safe system for reporting irregularities in an educational institution.

Summary

The introduction of the Whistleblower Protection Act is a step towards greater transparency and safety in Polish schools. Thanks to appropriate actions by principals, whistleblowers will be able to effectively report violations of the law and ethical standards, with the certainty that their actions will be protected from negative consequences. For all educational institutions that meet the criteria of the Act, implementing appropriate procedures by September 24, 2024 is not only a legal obligation, but also a moral imperative. Taking advantage of our special offer is an excellent opportunity to ensure compliance with the regulations and build trust in the school environment.