Question from a reader:
When my son was a schoolboy, during one of his physical education lessons, he fell from a rope and broke his wrist. Then, this was in the 90s, neither the teachers nor the director were even reprimanded for the fact that their student was injured. This year I am sending my grandson to first grade and I am very worried about him. Tell me, is it true that teachers are now responsible for the child at school?
Nina Vladimirovna, Borovoe village.
A lawyer answers the questionBakhtier KHASANOV:
During breaks and breaks between classes, which are the working hours of teaching staff, teachers are responsible for the health of their students. If we proceed from the meaning of Article 56 “The child’s right to protection” of the Family Code of the Russian Federation, then while the child is within the educational institution, those school employees who are currently working with him are responsible for his life and health. During the lesson it is the teacher, during recess it is the teacher on duty. The head of the educational institution bears overall responsibility for all students.
If harm to the child’s health or moral damage is caused, parents can file a claim against the administration of the educational institution for compensation for material and moral damage, but they will have to prove that their child’s actions do not contain direct guilt (clause 3 of Article 1073 of the Civil Code of the Russian Federation). At the same time, the fault of educational institutions is understood as neglect of children at the time of harm. When establishing guilt, it is necessary to find out whether the institution took all measures within its power to ensure the safety of the child and whether the teacher who was watching the children was at fault in the incident. For example, a child may break an arm or leg during a physical education lesson or while on a walk. It is clear that no one wanted such an outcome. But it is necessary to find out whether the child was given an excessive load, whether the playground or gym equipment was in good working order.
As a rule, if a student is injured in class, parents have the right to go to court to claim compensation for expenses caused by damage to the child’s health - expenses for treatment, additional food, etc. - on the basis of Article 1087 of the Civil Code of the Russian Federation.
To do this, you must write a written application addressed to the director of the institution with a request to conduct an official investigation of the accident and obtain an accident report.
In addition, parents have the right to ask the administration to take measures in response to the injury, for example, to punish the guilty teachers, to take measures to ensure the safety of children in the educational institution; it may be necessary to hold a meeting of the teachers' council on this situation. In a word, it is necessary to record the fact of injury. And if the school refuses to issue an accident report, evidence of the injury is the records of the child’s examination at the emergency room and the data from the relevant medical documents about the child’s examination.
Once the child’s injury is recorded in writing, we can talk about compensation for treatment costs and moral damage caused to the child. The amount of compensation for moral damage is determined by the court depending on the nature of the physical and moral suffering caused.
Harm to a child’s health can also occur as a result of violation of safety regulations or labor protection rules. If the violation was committed by a person who had obligations to comply with these rules, and it resulted in harm to health, then the perpetrator may be held criminally liable.
In addition, Article 143 of the Criminal Code of the Russian Federation may be applied to the official under whose supervision the injured child was: violation of safety rules or other labor protection rules committed by a person who was responsible for complying with these rules, if this resulted in negligence causing serious harm to human health is punishable by a fine in the amount of up to 200,000 rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by correctional labor for a term of up to two years, or by imprisonment for a term of up to one year.
The same act, which through negligence resulted in the death of a person, is punishable by imprisonment for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
My son, a 1st grade student at school, suffered an injury. He received a traumatic brain injury, hematoma and concussion as a result of the actions of a classmate who deliberately grabbed my son by the legs from behind, using a fighting technique, causing my son to fall, hitting his forehead on the floor. Seeing the swelling on his forehead, the class teacher advised her son to wet his hands with cold water and apply them to his forehead. The teacher did not assess the severity of the injury, did not call a doctor, and did not report the incident to the school administration and parents. Medicine! No office was available on the campus. Due to the failure of the teacher and those responsible for the safety of the air defense personnel to fulfill their duties, I became aware of the incident only 3.5 hours after the incident. At my request, the guard called an ambulance to the school, and the child was taken to the Children's Regional Clinical Hospital, where the injuries were discovered. The teacher, in her own defense, wrote an explanatory note with discrepancies in the facts of what happened in the hope that the case would not be allowed to proceed. I turned to! to the school principal with a statement about and! incident. In response to my demands to understand the fact of the incident, the director said that you could complain “at least to the court.” He disrespected me instead of caring about his student's health. From everything, the director’s reluctance to record the fact of injury was noticeable, which will lead to a deterioration in the image of the school, and cases of injury are deliberately kept silent by the school administration because parents do not make cases public for fear of psychological violence against the child from teachers. Can I be prosecuted? the responsibility of the minor hooligan, the administrative responsibility of the teacher for not taking prompt measures to provide medical assistance to the minor, not promptly informing the administrator on duty about the incident and involving the school in the person of the director. If yes, then under what articles? With respect to you.
Answer
Hello, Elena Valerievna.
Social relations arising in the field of education in connection with the implementation of the right to education, ensuring state guarantees of human rights and freedoms in the field of education and creating conditions for the realization of the right to education are regulated by Federal Law No. 273-FZ dated 29.122.2012 “On Education” In Russian federation".
In relation to the case under consideration, I believe that it is advisable to consider the issue of the responsibility of the educational institution for the life and health of the student (your child). According to clause 7 of Article 28 of the Federal Law “On Education in the Russian Federation”, an educational institution is responsible, among other things, for the life and health of students.
That is, in this case, you have the right to demand compensation from the educational institution for damage caused (both moral and compensation for the costs of treating the child). At the same time, the parents of the child who hit your son are not responsible, since, according to Part 3 of Article 1073 of the Civil Code of the Russian Federation, if a minor citizen caused harm while he was temporarily under the supervision of an educational organization, medical organization or other organization, obligated to supervise him, or the person who supervised him on the basis of an agreement, this organization or this person is responsible for the harm caused, unless he proves that the harm arose not through their fault during the supervision. Actually Art. 28 of the Federal Law “On Education in the Russian Federation” and Article 1073 of the Civil Code of the Russian Federation and will serve as the basis for your demand for compensation by the educational institution for harm caused to the health of your child. If the school refuses to voluntarily comply with your request, you have the right to file a corresponding statement of claim in court.
The requirements for the statement of claim and the list of documents attached to the statement of claim are provided for in Articles 131, 132 of the Civil Procedure Code of the Russian Federation.
To heads of government
educational institutions
The Legal Department of the Moscow Department of Education informs you that Law of the Russian Federation of July 10, 1992 No.3266-1 “On education” (clause 3 of part three of Article 32) It has been established that an educational institution is responsible for the life and health of students, pupils and workers during the educational process.
Article 51 of the same law provides for the responsibility of officials of educational institutions for creating the necessary conditions for study, work and rest of students and pupils.
Similar provisions are enshrined and expanded by the adopted Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”, according to which an educational organization is not only responsible in the manner established by the legislation of the Russian Federation for the life and health of students and workers, but is also obliged to create safe conditions for training, education, supervision and care of students, their maintenance in accordance with established standards, including ensure investigation and recording of accidents involving students during their stay in the organization (clauses 6, 7 of Article 28, clauses 1, 4 of Article 41).
We remind you that the educational process includes not only lessons, lectures, laboratory or practical exercises, but also rest time between classes (recess), periods of vocational training, classes in clubs, sections, other associations of additional education for children, socially useful work, educational and industrial practice, hikes, excursions, sports competitions, as well as travel or transitions to the venue of events, etc.
Thus, the educational institution is responsible for the child for the entire time when the child is under the supervision of the educational institution, in accordance with the lesson schedules (classes) and the institution’s work schedule.
Legal Department
The guys, as always, are looking forward to the holidays. It is very important that your vacation does not turn into misfortunes, injuries...
This places a special responsibility on parents. The Family Code of the Russian Federation (Article 63 clause 1) states: “Parents have the right and obligation to raise their children. Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children...” .
Outside the school walls, control over the behavior and safety of children by teachers is weakening. We kindly ask you not to leave your children unattended. Take an interest in their affairs, pastimes, their friends; computer games they play, Internet sites they visit, be aware of your children's movie and music preferences. Constantly remind you of the need to be safe on the roads, when swimming, and when handling fire and electrical appliances.
In an effort to prove that they are already adults, teenagers may try alcohol and tobacco for the first time during the holidays. Explain to children that health is a person’s most valuable and irreplaceable asset; it is the key to their success and well-being in the future. When trusting, take a closer look at the condition in which your children return home, whether their health is okay. If you see that your child’s behavior or mood has changed dramatically without a known or visible reason for you, try to gently find out about it, and if necessary, contact a specialist.
We draw your attention to tips on how to protect your child from accidents on the water:
- provide organized recreation for school-age children during the summer holidays;
- do not let minor children go to water bodies alone without your supervision;
- do not entrust your older children, especially minors, with looking after younger children on the water;
- strictly prohibit children from bathing on their own;
- do not set a negative example by swimming in places where swimming is prohibited;
- Memorize with your children the emergency phone numbers that children can call if you are not nearby;
- Explain to children that a cell phone is primarily intended to communicate with parents and call emergency help;
- Their main task, if they see a drowning person, is not to get confused, but to very quickly and loudly call adults for help and dial the rescue number.
PARENTS, REMEMBER:
- your child should be at home at night;
- if your child returns late from school, sports club, etc. try to meet him, if this is not possible, ask friends, neighbors, relatives (those you trust) about it. Make sure the child actually came home;
- if you do not know the whereabouts of your child, he does not answer phone calls, immediately contact the internal affairs authorities, do not search on your own;
- Do not give your child large sums of money, expensive phones, audio, video and photographic equipment to school or on the street.
- do not walk outside until dark;
- do not go far from home, and if this happens, let you know where and with whom he is in this place, call you back if his location changes;
- avoid unfamiliar groups and drunk people;
- avoid deserted places, ravines, vacant lots, basements, attics, abandoned houses and premises;
- when talking with friends and in the presence of strangers, do not boast that at home (parents) there are expensive items, valuables, jewelry;
- do not show your phone or brag about it to strangers and strangers;
- do not give your cell phone into the hands of strangers;
- in no case agree if a stranger invites a child to his home or other place to listen to music, take a photo, give something, watch a movie, watch animals, or asks to go somewhere to help do something;
- do not go into dark courtyards, move if possible along a familiar route, along a lighted street or where there are a lot of people;
- do not take anything from unfamiliar or unfamiliar people;
- use force, scream loudly, call for help, run away, call apartments, knock on windows, etc., if anyone tries to catch, chase or grab a child;
- do not go to unfamiliar sites on the Internet, do not respond to offers from strangers on social networks; If someone is trying to intrusively seek friendship through websites, asking for a visit or inviting them to meet, tell parents or other adults whom the child trusts about this.
Do not go anywhere without warning them;
- categorically refuse to try smoking mixtures, alcohol, drugs; smell, drink, chew something. If you can’t simply refuse, then refer to an alleged illness in which these actions can lead to irreversible consequences;
- do not play in dark places, landfills, construction sites, vacant lots and abandoned buildings, near railways and highways;
- when going to the forest, do not set fire to dry grass, do not climb trees, carefully look at your feet;
- always tell your parents where you are going for a walk;
- while at home, be careful when handling sharp, cutting, piercing objects and electric heating devices; do not play with matches, lighters, etc.
- Do not tease or pet stray dogs and other animals.
Dear parents!
- When transporting children under 12 years of age In cars, be sure to use special child restraint devices, which significantly reduce the risk of injury and the severity of the consequences of road accidents (for children of primary school age, the use of seat belts with a special adapter is allowed).
- Constantly remind children about electrical safety! The main reason for electrical injuries in children is a simple ignorance of the basic rules for handling electric current. It is mortally dangerous to touch any sagging or broken wires, or to come closer than 8-10 meters to broken wires of overhead power lines lying on the ground. It is prohibited to light fires under power lines or enter the technical basements of residential buildings where wires and communications are located. Under no circumstances should you fly kites near overhead power lines, play sports games, throw fishing rods, magnetic tape, wire, etc.
Extremely, even deadly:
- make sketches on wires;
- climb onto power line supports;
- approach and pick up broken wires;
- open staircase electrical panels and input power panels in buildings, etc.
As a rule, electrical installations are marked with special warning signs or appropriate posters. All these posters warn people about the danger of electric shock, and it is unacceptable to neglect them, let alone remove and tear them down.
Remember that a child in a family should not be left to his own devices!
Know that disaster is easier to prevent!
memo for parents
Who is responsible for the life and health of the child: parents or school?
DimBasS 13-01-2009 18:08
Colleagues, I need advice. A friend asked me to find out, but I couldn’t find anything on this topic in the Consultant.
She has a 10-year-old child, a schoolboy. Their class is going to go on an excursion to Peterhof (a suburb of St. Petersburg - if anyone is not local). The other day at school she was given a paper to sign with approximately the following content: “I, so-and-so, bear full responsibility for the life and health of my child such-and-such. -so-so-and-so. I allow him to go to Peterhof on an excursion. Number, signature." Why is such a paper needed? The teachers are silent, they say “it’s just necessary.” Without this paper you will not be taken for examination.
Hence the question - is this an attempt to relieve oneself of responsibility if, God forbid, something happens to the child? And, accordingly, transfer this responsibility to the parents?
Is it possible to sign this paper?
In my opinion, you can sign it - it’s still a “filka letter” and if anything, it’s too early to answer the teachers, because While the child is under their supervision (in a child care facility or outside it), they are responsible. Or, if they signed it, then responsibility is still removed from them?
P.S. The child is not mine, so I won’t go to download my license with the director...
Arcana 13-01-2009 20:07
The piece of paper is crazy and does not entail anything at all.
This is really an attempt to relieve oneself of responsibility, but only “if anything” - the persons accompanying the children will bear all responsibility. Despite any receipts so beloved by these “teachers.”
DimBasS 14-01-2009 12:21
Thanks, that's pretty much what I thought. I just decided to make sure my thoughts were correct
Danila-Master 14-01-2009 10:44
Originally posted by DimBasS:
“I, so-and-so, bear full responsibility for the life and health of my child so-and-so. I allow him to go to Peterhof on an excursion. Number, signature."
Nice receipt.
It doesn’t even say that she bears responsibility specifically during the excursion, and not at any other time.
Personally, I would not deal with such a “company”. And I would talk to the school principal.
Complaining to the Department of Education will make teachers very happy. Since an attempt to abdicate responsibility does not indicate any decent intentions.
——————
Optimism is a lack of information.
Ranevskaya F.G.
Arcana 14-01-2009 11:11
There is no point in talking to anyone or complaining anywhere. If a child wants to go on an excursion, and you trust the teacher, sign this stupid letter and forget about it.
Modern teachers generally have a very unique (and fundamentally incorrect) idea of their rights and responsibilities towards children and their parents. I say this as a person who has many teachers among his loved ones. In short, everyone owes them, but they don’t owe anything to anyone, because they are fulfilling the Great Mission of sowing the Reasonable, the Good, the Eternal.
Not long ago we had a case where a student drowned in the pool during an organized lesson. The teacher was sentenced (suspended). The “pedagogical community” raised a friendly “human rights” howl, turning into an ultrasonic squeal, hoping that the teacher was not responsible for the accident with the child, and they also allegedly took away such receipts from parents. Naturally, the howl was unsuccessful.
1. Who is responsible for the child while he is at school?
1.1. Good evening!
The Law “On Education” (Article 32) states: “Educational institutions are responsible for the life and health of students, pupils and employees of an educational institution during the educational process.” And Article 51 specifies: the entire burden of responsibility is borne by officials - directors, managers, educators and teachers.
1.2. Dear Salaman, Urus-Martan!
When a child is on school premises, responsibility for him/her rests with the School Administration.
Sincerely, Vladimir Nikolaevich
Ufa 03.11.2019
1.3. The school is responsible while students are on school premises.
See art. 32 Federal Law “On Education in the Russian Federation”
2. Who is responsible for the child while he is at school?
2.1. Hello, Victoria!
In accordance with clause 3 of Article 32 of the Federal Law of the Russian Federation “On Education”
An educational institution is responsible, in accordance with the procedure established by the legislation of the Russian Federation, for:
- life and health of students, pupils and employees of an educational institution during the educational process.
In accordance with clause 3 of Article 1073 of the Civil Code of the Russian Federation
if a minor caused harm while he was under the supervision of an educational, training, medical or other institution obliged to supervise him, or a person who exercised supervision on the basis of an agreement, this institution or person is responsible for the harm, unless he proves that the harm arose through no fault of his in the exercise of supervision.
In the event of injury or other damage to the health of a minor who has not reached fourteen years of age (minor) and has no earnings (income), the educational institution responsible for the harm caused is obliged to reimburse expenses caused by damage to health (clause 1 of Article 1087 of the Civil Code of the Russian Federation).
Thus, for the child while he is at school The educational institution is responsible.
3. Who is responsible for the child while he is at school?
3.1. If we are talking about civil liability, then, as always, the educational institution, during the period of its stay there.
4. Who is responsible for the safety of the child on the way to school and back.
4.1. Hello!
Legal representatives - parents - are responsible for the safety of the child.
You can successfully solve your problem with legal assistance.
You can contact a lawyer personally on the website by calling or writing a personal message.
Good luck to you and all the best!
4.2. Hello, Elena! The child’s parents are responsible for the child on the way to school and back; the school is responsible for the time the child is actually at school.
Sincerely, Marina Sergeevna.
Question on topic
The child skips some classes at school. We, parents, learn about this from the electronic diary. And the director says that we are raising the child poorly and that the school is not responsible for the child. But how so? After all, we think that he is at school. We ask why we are not informed about absenteeism. And they say they are not responsible.
5. Who is responsible for damaging the child’s personal belongings when he is at school.
5.1. Hello. The parents of the child who damaged these things, or the school administration, if the things were damaged in a protected area of the school, for example, a jacket was damaged in the locker room (wardrobe)
6. Is a parent responsible for the progress of a 17 year old child at school?
6.1. A parent is responsible for his minor child, for everything, for poor academic performance and the same. Good luck in resolving your issues. Sincerely, lawyer Yu.V. Kolkovsky
6.2. Hello. Yes, of course they do.
Federal Law of the Russian Federation "On Education in the Russian Federation", N 273-FZ | Art. 44
4. Parents (legal representatives) of minor students are obliged to:
1) ensure that children receive general education;
2) comply with the internal rules of the organization carrying out educational activities, the rules of residence of students in boarding schools, the requirements of local regulations that establish the schedule of students’ classes, the procedure for regulating educational relations between the educational organization and students and (or) their parents (legal representatives) and registration the emergence, suspension and termination of these relations;
3) respect the honor and dignity of students and employees of the organization carrying out educational activities.
5. Other rights and obligations of parents (legal representatives) of minor students are established by this Federal Law, other federal laws, and the education agreement (if any).
6. For failure to fulfill or improper fulfillment of duties established by this Federal Law and other federal laws, parents (legal representatives) of minor students bear responsibility under the legislation of the Russian Federation.
7. Is it possible to refuse the school’s responsibility for the child?
7.1. Is it possible to refuse the school’s responsibility for the child? Not possible. Such liability arises by force of law.
8. The child skips some classes at school. We, parents, learn about this from the electronic diary. And the director says that we are raising the child poorly and that the school is not responsible for the child. But how so? After all, we think that he is at school. We ask why we are not informed about absenteeism. And they say they are not responsible.
8.1. Good day!
Well, how can he not be held responsible? Very interesting, who is this for by law? Highlighted in black font.
""Article 51. Legal status of the head of an educational organization. President of an educational organization of higher education
""1. The head of the educational organization in accordance with the legislation of the Russian Federation and the charter of the educational organization:
1) elected by the general meeting, conference of employees (general meeting, conference of employees and students) of the educational organization with subsequent approval by the founder of the educational organization;
""2) appointed by the founder of the educational organization;
3) appointed by the President of the Russian Federation in cases established by federal laws;
4) appointed by the Government of the Russian Federation (for rectors of federal universities).
2. Candidates for the position of head of an educational organization must have a higher education and meet the qualification requirements specified in the qualification “reference books” for the relevant positions of heads of educational organizations and (or) professional standards.
""3. It is prohibited to occupy the position of head of an educational organization by persons who are not allowed to engage in teaching activities on the grounds established by labor legislation.
""4. Candidates for the position of head of a state or municipal educational organization and its head (with the exception of the heads specified in paragraphs 3 and 4 of part 1 of this article) undergo mandatory certification. The “procedure” and timing of certification of candidates for the position of head and head of a state or municipal educational organization are established by the founders of these educational organizations. In cases established by the legislation of the Russian Federation, candidates for the position of head of a federal state educational organization are also approved by the federal state body authorized by the President of the Russian Federation.
ConsultantPlus: note.
From 07/01/2020, part 5, art. 51 is stated in a new edition (Federal Law dated 02.12.2019 N 403-FZ).
""5. The official duties of the head of a state or municipal educational organization, a branch of a state or municipal educational organization cannot be performed part-time.
6. The rights and obligations of the head of an educational organization, his competence in the field of management of an educational organization are determined in accordance with the legislation on education and the charter of the educational organization.
""7. Heads of educational organizations are provided, in the “procedure” established by the Government of the Russian Federation, with the rights, social guarantees and social support measures provided for teaching staff by paragraphs 3 and 5 of Part 5 and Part 8 of Article 47 of this Federal Law.
""8. The head of an educational organization is responsible for the management of educational, scientific, educational work and organizational and economic activities of the educational organization.[i]
9. Features of filling positions, appointments to positions and status of the head of a federal state educational organization that trains personnel in the interests of defense and security of the state, ensuring law and order, are determined in the manner established by federal laws.
10. Features of the election, appointment and status of the head of a private educational organization are determined in the charter of a private educational organization in accordance with labor legislation.
""eleven. In an educational organization of higher education, by decision of its academic council, the position of president of an educational organization of higher education may be established.
""12. Combining the positions of rector and president of an educational organization of higher education is not allowed.
13. The procedure for electing the president of an educational organization of higher education and his powers are determined by the charter of the educational organization of higher education.
""14. After the election of the president of a state or municipal educational organization of higher education, an employment contract is concluded between him and the founder of this educational organization for a period of up to five years. Termination of an employment contract with the president of a state or municipal educational organization of higher education is carried out on the grounds established by labor “legislation”, including the grounds for termination of an employment contract with the head of this educational organization.
Federal Law of December 29, 2012 N 273-FZ (as amended on December 2, 2019) “On Education in the Russian Federation” (as amended and supplemented, entered into force on December 13, 2019)
""Article 28. Competence, rights, duties and responsibilities of an educational organization
""1. An educational organization has autonomy, which means independence in carrying out educational, scientific, administrative, financial and economic activities, developing and adopting local regulations in accordance with this Federal Law, other regulatory legal acts of the Russian Federation and the charter of the educational organization.
""2. Educational organizations are free to determine the content of education, choose educational and methodological support, and educational technologies for the educational programs they implement.
""3. The competence of an educational organization in the established field of activity includes:
""1) development and adoption of internal regulations for students, internal labor regulations, and other local regulations;
""2) material and technical support for educational activities, equipment of premises in accordance with state and local norms and requirements, including in accordance with federal state educational standards, federal state requirements, educational standards;
3) providing the founder and the public with an annual report on the receipt and expenditure of financial and material resources, as well as a report on the results of self-examination;
""4) establishment of a staffing table, unless otherwise established by regulatory legal acts of the Russian Federation;
""5) hiring workers, concluding and terminating employment contracts with them, unless otherwise established by this Federal Law, distribution of job responsibilities, creating conditions and organizing additional professional education for workers;
""6) development and approval of educational programs of an educational organization;
""7) development and approval, in agreement with the founder, of a development program for an educational organization, unless otherwise established by this Federal Law;
8) admission of students to an educational organization;
""9) determination of the list of textbooks in accordance with the approved federal list of textbooks approved for use in the implementation of state accredited educational programs of primary general, basic general, secondary general education by organizations carrying out educational activities, as well as teaching aids approved for use in the implementation specified educational programs by such organizations;
(as amended by Federal Law dated December 2, 2019 N 403-FZ)
"“10) carrying out ongoing monitoring of academic performance and intermediate certification of students, establishing their forms, frequency and procedure;[b]
10.1) encouragement of students in accordance with the types and conditions of incentives established by the educational organization for success in educational, physical education, sports, social, scientific, scientific and technical, creative, experimental and innovative activities, unless otherwise established by this Federal Law;
(clause 10.1 introduced by Federal Law dated May 27, 2014 N 135-FZ)
11) individual recording of the results of students’ mastery of educational programs and incentives for students, as well as storage in archives of information about these results and incentives on paper and (or) electronic media;
(see text in the previous “edition”)
12) use and improvement of teaching and educational methods, educational technologies, e-learning;
""13) conducting self-examination, ensuring the functioning of the internal system for assessing the quality of education;
""14) ensuring in an educational organization that has a boarding school the necessary conditions for keeping students;
15) creation of the necessary conditions for protecting and promoting health, organizing nutrition for students and employees of an educational organization;
""15.1) organization of socio-psychological testing of students for the purpose of early detection of illegal consumption of narcotic drugs and psychotropic substances. The procedure for organizing socio-psychological testing of students in general education organizations and professional educational organizations is established by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of general education. The procedure for organizing socio-psychological testing of students in educational institutions of higher education is established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of higher education;
(clause 15.1 as amended by Federal Law dated July 26, 2019 N 232-FZ)
(see text in the previous “edition”)
16) creating conditions for students to engage in physical education and sports;
""17) acquisition or production of forms of documents on education and (or) qualifications, medals "For special achievements in learning";
(as amended by Federal Law dated May 27, 2014 N 135-FZ)
(see text in the previous “edition”)
""18) has become invalid. - Federal Law of June 4, 2014 N 148-FZ;
(see text in the previous “edition”)
19) assistance in the activities of public associations of students, parents (legal representatives) of minor students, carried out in an educational organization and not prohibited by the legislation of the Russian Federation;
20) organization of scientific and methodological work, including organization and holding of scientific and methodological conferences and seminars;
""21) ensuring the creation and maintenance of the official website of an educational organization on the Internet;
22) other issues in accordance with the legislation of the Russian Federation.
4. Educational organizations of higher education carry out scientific and (or) creative activities, and also have the right to train scientific personnel (doctoral studies). Other educational organizations have the right to conduct scientific and (or) creative activities in accordance with the legislation of the Russian Federation, if such activities are provided for by their charters.
""5. An educational organization has the right to conduct consulting, educational activities, activities in the field of protecting the health of citizens and other activities that do not contradict the goals of creating an educational organization, including organizing recreation and health improvement for students during the holidays (with round-the-clock or daytime stay).
[i]""6. An educational organization is obliged to carry out its activities in accordance with the legislation on education, including:
""1) ensure the full implementation of educational programs, compliance of the quality of training of students with established requirements, compliance of the forms, means, methods of training and education used with the age, psychophysical characteristics, inclinations, abilities, interests and needs of students;
ConsultantPlus: note.
From 07/01/2020 in clause 2, part 6, art. 28 amendments are made (Federal Law dated 02.12.2019 N 403-FZ).
""2) create safe conditions for training, education of students, supervision and care of students, their maintenance in accordance with established standards that ensure the life and health of students and employees of an educational organization;
""3) respect the rights and freedoms of students, parents (legal representatives) of minor students, and employees of educational organizations.[u]
ConsultantPlus: note.
From 07/01/2020 in Part 7 of Art. 28 amendments are made (Federal Law dated 02.12.2019 N 403-FZ).
[b]""7. An educational organization is responsible in the manner established by the legislation of the Russian Federation for failure to perform or improper performance of functions within its competence, for the implementation of educational programs not in full in accordance with the curriculum, the quality of education of its graduates, as well as for the life and health of students and employees. educational organization. For violation or illegal restriction of the right to education and the rights and freedoms of students, parents (legal representatives) of minor students provided for by the legislation on education, violation of the requirements for the organization and implementation of educational activities, the educational organization and its officials bear administrative responsibility in accordance with the “Code” of the Russian Federation. Federation on Administrative Offences.[i][u]
Hello to the school principal! :)
Sincerely.
Question on topic
We take 3 children to school in a neighboring village. They took me away in the morning and picked me up after school. Only on Saturday sometimes they have to return from school by school bus (a bus from the village where we live).
9. The grandson has been playing with his grandmother since he was 3 years old; she took him to kindergarten, then to school. Then the boy asks to see his mother (she lives 4,000 km away), his grandmother brings him, after which scandals and fights begin in the child’s family with his mother and stepfather. The child asks to take him back. In short, the grandmother has a notarized statement from the mother that the Mother is handing over the child to the grandmother with full responsibility. Grandma picks him up and brings him back. And here the problems begin: she cannot get him into school, because they said that since 01/01/19 the law has changed and his grandmother cannot get him into school without his mother, referring to the law of 01/22/15 of the Ministry of Education and Science. His grandmother takes him back to his mother, where again a scandal occurred. And the Child asks the police to take him anywhere but to his mother, because he is afraid of her. The mother writes consent for him to stay in the orphanage for half a year. What should we do? How to pick up the boy? How to get rid of at least the restriction of rights?
9.1. Hello, dear Tatyana!
Firstly, in this case, the mother of this child can be deprived of parental rights on the basis of Articles 69, 70 of the Family Code of the Russian Federation (in short - the RF IC) through the prosecutor or the Guardianship and Trusteeship Authority, which has the right to file such a claim in court.
Article 69. Deprivation of parental rights
Parents (one of them) may be deprived of parental rights if they:
evade the fulfillment of parental responsibilities, including malicious evasion of child support payments;
refuse, without good reason, to take their child from a maternity hospital (ward) or from another medical organization, educational organization, social service organization or similar organizations;
abuse their parental rights;
children are cruelly treated, including physical or mental violence against them, and attacks on their sexual integrity;
are patients with chronic alcoholism or drug addiction;
committed an intentional crime against the life or health of their children, the other parent of the children, a spouse, including a non-parent of the children, or against the life or health of another family member.
Article 70. Procedure for deprivation of parental rights
1. Deprivation of parental rights is carried out in court.
Cases of deprivation of parental rights are considered upon the application of one of the parents or persons replacing them, an application from the prosecutor, as well as upon applications from bodies or organizations charged with protecting the rights of minor children (guardianship and trusteeship authorities, commissions for minors, organizations for orphans and children left without parental care, and others).
(as amended by Federal Law No. 49-FZ dated April 24, 2008)
2. Cases of deprivation of parental rights are considered with the participation of the prosecutor and the guardianship and trusteeship authority.
3. When considering a case of deprivation of parental rights, the court decides the issue of collecting child support from the parents (one of them) deprived of parental rights.
4. If the court, when considering a case on deprivation of parental rights, finds signs of a criminal offense in the actions of the parents (one of them), it is obliged to notify the prosecutor about this.
5. The court is obliged, within three days from the date of entry into legal force of the court decision on deprivation of parental rights, to send an extract from this court decision to the civil registry office at the place of state registration of the child’s birth, and in the case of state registration of the child’s birth, the multifunctional center for providing state and municipal services - to the multifunctional center for the provision of state and municipal services at the place of state registration of the child’s birth to inform the civil registry office in which the corresponding birth certificate is stored.
Secondly, after depriving the mother of the parental rights of the mother, the grandmother of this child can arrange guardianship for her grandson through the Guardianship and Trusteeship Authority, collect alimony from the mother for the child and enroll him in school later.
So read the Family Code of the Russian Federation, the Civil Code of the Russian Federation, the Federal Law "On Guardianship and Trusteeship", which regulate this family issue.
All the best.
10. We take 3 children to school in a neighboring village. They took me away in the morning and picked me up after school. Only on Saturday sometimes they have to return from school by school bus (a bus from the village where we live).
Today at school they said that children cannot ride the bus. Because they are not on the lists. Where should we turn?
This means that children from 2 villages were included in some lists, but ours were not. They said that they do not bear any responsibility for them.
10.1. You need to contact the district education department with a complaint.
11. On Friday, the child was discharged with a diagnosis of acute tracheitis and a recommendation to seek consultation for a diagnosis of chronic tonsillitis. And on Monday we were forced to test for manta rays at school. The child said that she had just gotten sick and that she suspected chronic tonsillitis. The parents were not called and asked for consent to be vaccinated. An hour later the child's temperature rose. Is it possible to hold a doctor responsible for this and how to do this?
11.1. Yes, of course, the doctor broke the law. Contact the prosecutor's office.
12. At what point does the school become responsible for the child? Entrance to the school is by electronic card. From the moment you pass through the turnstile or already on the school grounds?
12.1. From the moment you pass through the turnstile.
Question on topic
On Friday, the child was discharged with a diagnosis of acute tracheitis and a recommendation to seek consultation for a diagnosis of chronic tonsillitis. And on Monday we were forced to test for manta rays at school. The child said that she had just gotten sick and that she suspected chronic tonsillitis. The parents were not called and asked for consent to be vaccinated. An hour later the child's temperature rose. Is it possible to hold a doctor responsible for this and how to do this?
13. A child was injured in the taekwondo section. Section in a regular school.
The child is 5 years old. The cause of the injury was a collision between children during a sports game during classes and the child eventually falling. Displaced fracture. There is no agreement with the sections, no receipts either. They haven’t issued it yet... They said they would, but they never did... whether the coach has an agreement with the sections is not known... What is my responsibility for the child’s injury...? Can I receive compensation for moral damages without a contract? Will the coach be held administratively or criminally liable for an injury?
13.1. Intentional infliction of slight harm to health, causing short-term health disorder or minor permanent loss of general ability to work -
This is a criminal case, but it will be heard by a magistrate.
Morally, ask for more and they will give you something.
14. Please explain the situation. A child was beaten in the schoolyard, the child fell, hit his head, should the school administration be held responsible for this, or is the child himself to blame?
14.1. Those who beat you are to blame
The school administration is responsible for children during the educational process
That is, you can make a claim if the children should have been in class during the fight.
15. Yesterday such a situation arose at school. My child is in 1st grade, after lunch the teacher calls me and says that my daughter does not obey and is swearing, at this time my daughter runs away while I was going to school to pick up my daughter, upon arrival the child was not at school, she ran away. When asked where was the guard who sits at the entrance to the school, the guard himself answered me that he is not obliged to keep track of who comes and who leaves, at the school the director’s secretary answers this that the guard is not to blame, that the child leaves the school dressed and he is not may delay it. The security agency is called "ooooo Cossack security". I wanted to write a complaint against the school administration, but since the secretary responded, I understand that they will not consider it further. Tell me where should I go? Surely the security doesn't bear any responsibility? Thank God everything is fine with my daughter, she was found within an hour.
15.2. Are you, Anna Vasilyevna, looking for the guilty? Don't you think that a child needs to be raised properly? He swears, does not listen to the teacher, and allows himself to run away from school unaccompanied. You want to blame your failure in raising a child on others. Have you ever wondered what will happen to the child’s behavior next? You can, of course, contact the education department of the district administration at the location of the school with an application. They will conduct an inspection. They will make comments to the school for dismissal, etc. But this will not affect the child, but will only calm your ambition in this situation.
16. In April 2019, a settlement agreement was concluded between me and my ex-husband to determine the order of communication with our two sons.
Since the conclusion of the settlement agreement, the ex-husband has never met with the children. Both children attend the same school
October 24, 2019 at about 3 p.m. the ex-husband drove a car to school, where both sons were at that moment. I learned about further events from the words of my eldest son and the class teacher. So, the ex-husband went into the class of his youngest son, where a tea party was taking place to mark the end of the first school term. The youngest son did not expect his father to appear, so he was in a confused state. At the end of the tea party. the teacher did not find her youngest son in the class and immediately informed the eldest, telling about the arrival of their father. Vova immediately ran out into the street and saw his father carrying his brother in his arms towards the car, who was waving his arms, trying to free himself, shouting: “I don’t want to!” Nevertheless, the ex-husband pushed his youngest son into the back seat of the car and sat in the driver's seat, blocking the doors. Because The driver's window was open, the eldest son grabbed the opening with his hands, trying to somehow stop his father. From the salon, the youngest son shouted: “I don’t want to go anywhere!” Despite this, the car started moving and drove off in an unknown direction. After this, the eldest son called the police and reported what had happened, and class. the manager told me over the phone.
I immediately left work, where they told me in more detail about the kidnapping of my youngest son. My ex-husband did not answer my calls and turned off the phone. Because The police officers did not arrive at the scene of the incident; I arrived independently with my eldest son at the police department of the Perm municipal district. There, an employee of the juvenile affairs department talked to us, took written explanations from us, and it turned out that the ex-husband took his youngest son to his home, where he permanently resides. I demanded that he immediately return his son, because... the next day he needs to go to school, and then visit a phthisiatrician. In response, I heard from my ex-husband once again my personal characteristics and complaints about life. As a result of conversations with the police, I was asked to independently solve problems of communication with children, otherwise both parents would be brought to administrative responsibility for their improper upbringing.
The next day, the youngest son did not show up at school, and accordingly, they also did not get to the doctor. Further, all negotiations took place over the phone of the father or grandmother and on speakerphone, or on social networks with the sister of the ex-husband. I bought my youngest son a phone and a new SIM card, my numbers were blacklisted, and I was given an unknown number that belonged to my ex-husband. Conversations with my son were short, aggression was felt. In response to my calls, my ex-husband and his relatives (grandparents) told their son: “Who is she? What is she calling? What does she want?”, to which the son replied: “She is my mother!” Some calls and text messages to my son were unknown to him, they hid from me where the child was, the father said that he was visiting, but he didn’t name who, I called his sister back, she said that everyone was at home. From conversations and correspondence on social networks (I learned about the social network later) with my son, I realized that he was under pressure from his father and other relatives. When the son asked him to take him to his mother, the answer was “no!”
Only on November 3, 2019, the youngest son was brought by his father to our place of residence at about 18.00. BUT! First, he took him to the registration address where my children and I were registered, he wanted me to pick him up from there (170 km from Perm), but for some reason he didn’t tell me. Then he changed his mind and took his son back to Perm. Upon arrival at our place of residence, without calling or writing an SMS that I had brought the child, I left him near the house, did not take him to the entrance, turned around and went into the car, without making sure whether I or my eldest son were at home. The child was in a stressed state, could not speak, cried, and his hands were shaking violently. Later he said that he was afraid that I would scold him...
At school, the class teacher noticed a change in behavior, attentiveness, and aggression. At my request, a conversation will be held with the school psychologist.
The eldest son categorically refuses to communicate with his father, who does not even try to meet his son halfway, is not interested in his life, studies, or hobbies. To my question on the phone why he didn’t take the older one, but only forced the younger one into the car, he answered: “He’s already big, why do I need him.” I do not receive financial assistance from my ex-husband, except for alimony in the amount of 3600-4000 rubles for two children. I deal with issues of education, treatment, nutrition, clothing myself and my common-law spouse.
16.1. Good afternoon
In relation to the kidnapping of your son or illegal imprisonment, you must initiate a criminal case, based on the circumstances presented, these crimes committed on October 24, 2019 are obvious.
Article 126. Kidnapping
1. Kidnapping -
shall be punishable by forced labor for a term of up to five years or imprisonment for the same term.
c) with the use of violence dangerous to life or health, or with the threat of such violence;
(as amended by Federal Law No. 24-FZ dated 02/09/1999)
g) in relation to two or more persons;
h) for selfish reasons, -
shall be punishable by imprisonment for a term of five to twelve years, with or without restriction of freedom for a term of up to two years.
(as amended by Federal Laws dated 02/09/1999 N 24-FZ, dated 12/27/2009 N 377-FZ, dated 12/07/2011 N 420-FZ)
Art. 126, “Criminal Code of the Russian Federation” dated June 13, 1996 N 63-FZ (as amended on November 4, 2019) (ConsultantPlus)
Article 127. Unlawful deprivation of liberty
1. Illegal deprivation of a person’s liberty, not related to his abduction, -
shall be punishable by restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of three to six months, or imprisonment for a term of up to two years.
(as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated December 7, 2011 N 420-FZ)
2. The same act committed:
a) by a group of persons by prior conspiracy;
b) has become invalid. - Federal Law of December 8, 2003 N 162-FZ;
c) with the use of violence dangerous to life or health;
d) using weapons or objects used as weapons;
e) in relation to a known minor;
f) in relation to a woman who is known to the perpetrator to be pregnant;
g) in relation to two or more persons, -
shall be punishable by forced labor for a term of up to five years or imprisonment for a term of three to five years.
(as amended by Federal Law dated December 7, 2011 N 420-FZ)
3. Acts provided for in parts one or two of this article, if they were committed by an organized group or caused by negligence the death of the victim or other grave consequences, -
shall be punished by imprisonment for a term of four to eight years.
16.2. Hello! Initiation of a criminal case and deprivation of parental rights. The necessary grounds are available. Find a lawyer in your city and good luck!
Question on topic
At what point does the school become responsible for the child? Entrance to the school is by electronic card. From the moment you pass through the turnstile or already on the school grounds?
17. The school director requires a statement from parents in which the parent gives his consent to the child’s independent movement to clubs and sections after the end of classes; the parent assumes responsibility for the life and health of the child. Junior school, child in after school. Is such a requirement legal and is the school responsible for the child when he is there during the after-school period and in sections and on the way to sections?
17.1. Hello. Of course, the school is responsible for the child when he is in trouble. The essence of after-school care is childcare. Where are the sections? If in a school building, the school is responsible while the child is in the building.
18. I am interested in a correspondence (non-family) form of education in a secondary school. The child is 13 years old. Who is responsible for training? Should there be consultations and is attendance mandatory? Will a child receive child benefit until the age of 18 while studying part-time?
18.1. Good morning. In case of correspondence education, the child is assigned to school. Receives assignments from the teacher according to the school curriculum, completes and submits them. Completed assignments are submitted at least once every quarter and undergo intermediate certification. Passing exams after 9th and 11th grades only in person. Children studying by correspondence enjoy all the benefits.
19. The mother of a 9-year-old child does not pick him up from school; in the application for escort she wrote that she allows him to get home and to school on his own. Regularly calls Yandex taxi, the child rides alone in a car with a stranger (driver). Is the teacher responsible for his life and health in this situation?
19.1. Marina, as soon as a student leaves an educational institution, the teacher is not responsible for this child.
19.2. No, don't worry, the teacher is not responsible in this case.
20. On the day off, my class and I were planning to go on an excursion by bus organized by Rod. Committee. Having learned about this, the school director objected and said that we do not have the right to travel on our own bus because the school is responsible for our children, and offered our own bus, which costs 53,000 rubles. (ours costs 16,000 rubles) our bus with all the required documents. QUESTION. Can we travel on our own bus, is the school responsible for the children on weekends, and does the director have the right to impose his services regarding the bus. What to do? Thank you.
20.2. Hello, in this case, you can absolutely safely take your children by bus, other children - by decision of the parents.
Question on topic
Please explain the situation. A child was beaten in the schoolyard, the child fell, hit his head, should the school administration be held responsible for this, or is the child himself to blame?
21. My son’s uniform vest disappeared after a physical education lesson. He left it in the locker room, and when he returned it was gone. The school denies any involvement in the case. Should the teacher check the locker rooms after class and is the school responsible for children's personal belongings? Thank you!
21.1. Hello. If the item was in the wardrobe, then the school is responsible for it (Articles 924 and 891 of the Civil Code of the Russian Federation). Accordingly, if the item is not found, the school must reimburse its cost (Articles 901 and 401 of the Civil Code of the Russian Federation). Write an appeal to the school director demanding compensation for the damage. If there is no response, contact the police. If the school still does not compensate for the damage, it will have to recover through the court.
22. My question is... can teachers park their cars on school grounds? When entering the school grounds, they do not close the gate behind them and everyone who is not too lazy enters there. There are no signs prohibiting entry. Who is responsible for this? Where to contact? I fear for the lives of the children.
22.1. The use of the school territory is controlled by its administration. If there are no prohibiting signs, then entry is allowed without restrictions.
22.2. Parking on school grounds is prohibited. You can file a complaint with the education department against the director.
23. The following situation developed in our family: on September 15, 2019, my husband and I were arguing in the kitchen. My husband just can’t find a permanent job (he works under a contract as a courier), and I was busy drawing up work programs for new textbooks (I work as a teacher at school). He was offended that the children and I did not come to the dacha on the weekend. I tried to explain that it was very difficult to create programs and I needed to do them urgently. This takes a lot of time. Out of emotion, my husband began to kick me out (now I understand that it was all out of emotion).
The children were in their room at that time watching cartoons.
Then the eldest son came into the kitchen when I was already leaving there. He saw that I was crying. Then I took the children and went to a neighbor's house. I called the police from her. And all this happened in a state of passion.
When the police arrived, I told them everything. The inspector drew up a protocol, which I signed without really reading it, because I was in an excited state. She said that there were no beatings - that means she was not in charge of the case. And I decided to draw up a protocol on failure to fulfill parental responsibilities for my spouse. But that's not true. My husband doesn’t drink, doesn’t smoke, and plays sports. He doesn’t make trouble in front of the children, he takes them everywhere, takes them to school and kindergarten, takes them to clubs, buys things, etc. Today, November 8, 2019, it turned out that they had already decided to register the family. At school, teachers talked to children. They also called me and said that they were preparing characteristics and wanted to put them on internal school records. The children study well. During their time at school there was not a single complaint against them. We attend all parent-teacher meetings and take an interest in the children’s studies every day. We have a trusting relationship in our family. We often go somewhere or travel as a family.
But here was the only such case when we caused such a big scandal. We usually resolved controversial issues when the children were not at home.
The next day I called the inspector and wanted to pick up the application. But she said that then I would be prosecuted for false testimony.
The older children are very worried about the current situation. They are afraid that at school they will find out about everything and will tease them. Our family has always been cited as an example as friendly and decent.
I really regret that I contacted the police in a state of passion. But, unfortunately, nothing can be returned back.
Tell me what to do? I am hope for your help.
Best regards, Angelina.
23.2. Good evening, Angelina!
You cannot “take away” a statement from the police. You need to formalize the refusal of the submitted application by writing a new one with a request for refusal, If a criminal complaint has not yet been filed against your husband. If a criminal case has already been opened against your husband, you need to submit a petition with a request to terminate this criminal case addressed to the chief of police or the investigator who has this criminal case. In court, at any stage of the proceedings, it is possible to conclude a peace agreement between you and your husband; in this case, he will not receive a criminal record, because It is not a verdict that is passed, but a decision to terminate the criminal case.
All the best!
23.3. Angelina, next time you will think before calling somewhere.
At the moment, I think registering the family is correct, since there was a family scandal with the police being called. Tomorrow, God forbid, he will stab you, and they will be blamed for calling the police, but no one carried out preventive measures. This also needs to be understood.
Regarding failure to fulfill parental responsibilities, when considering this administrative offense, the husband will have to defend himself, and if a decision is made, he will have the right to appeal it.
Judging by the question, no criminal case is expected.
24. A 14-year-old daughter, who stopped going to school after the trade council, says that her teachers humiliate her in front of the whole class. Before this, there were absences from the first lessons, poor academic performance, but earlier she tried to correct it... After she was put at the blackboard in front of her parent (me) and the teachers teaching the lessons, she simply did not want to go to school. They threatened to deprive me of my rights to both children, we are an ordinary family, we are not in poverty, the social teacher raised her voice at me and cursed, proving my guilt in that the child does not want to study, what should I do in such a situation? Are teachers now generally responsible for children’s knowledge? Or is it like a kindergarten, they fed you, looked at you, the child is acting up - talk? If the child does not want to attend this institution, because... he is humiliated and insulted, so he should be sent to the emergency department?
24.1. Only parents have the right to force a child to go to school.
Are teachers now generally responsible for children’s knowledge?
The question has nothing to do with the situation at all, gaining knowledge is one thing, attending an educational institution is another.
Question on topic
The school director requires a statement from parents in which the parent gives his consent to the child’s independent movement to clubs and sections after the end of classes; the parent assumes responsibility for the life and health of the child. Junior school, child in after school. Is such a requirement legal and is the school responsible for the child when he is there during the after-school period and in sections and on the way to sections?
25. The parent committee sent an SMS about donating money to the school to buy tires on the steps of the school porch. To my question - is it possible for a school to collect money from parents? - the head teacher replied: the steps of the porch are slippery, and if your child falls and breaks something, we are not responsible. And in general they are not responsible for our children once they leave the school door. I have a question: is the school responsible for my child if an emergency happens on the porch or in the fenced school grounds. And how is this regulated?
25.1. The school administration is responsible for the life and health of students.
Article 41 of the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation"
26. Is the school responsible for children who have received a certificate of basic education (grade 9), who live in the school district and do not want to continue their education or work?
26.1. Good afternoon, Vladimir. It is only mandatory to receive a general secondary education - that is, 9 grades. After receiving the certificate, the school is not responsible for the further decisions of the students.
27. My son (14 years old) is constantly accused at school of things he didn’t do. There is no 100% proof of his vein. As the class teacher says, the children told me. They constantly call me to the school to see the principal. The last call from school left me in a stupor. Accused of drug use. I went to school to find out. I'm asking a question. How did you determine that your son is using drugs? The answer shocked me. We searched the belongings of all the boys in the class and found an empty can of snus (chewing tobacco) on the floor, examined the oral cavity and found ulcers on your son. I ask questions. Found on my son? No. What right do you have to conduct a search, examine the oral cavity? To which I received an answer. Well, we are responsible for your child when he is at school. Coming out of school I met the class teacher. Maybe let your son not go to school and we will give him C grades. I'm boiling! At home I had a conversation with my son. He doesn't chew this snus. It turned out that one of the students dropped this jar during the search. On the same day I took my son to a narcologist. The doctor conducted an initial examination. Didn't find anything. They did an analysis. Wait 10 days for a response. I went to the director the next day. He told me that he had been to a narcologist. The answer shocked me. The analysis you did will not show anything since snus is a weak drug. I ask the question, after all, how did you determine that your son was under the influence of drugs? The answer finally finished me off. He behaved inappropriately. They laughed loudly. They spat because you can’t swallow saliva after this snus. We are waiting for the official response from the analysis. But the People's Commissar label has already been given. And for the quarter they gave 8 twos. Today the mother of one of the students came with threats. I forbid your son to communicate with my son, otherwise I will write a statement to the police. Tell me what to do next?
27.1. Demand a full examination if, as they claim, it will be noticeable how long he has been using drugs, but in the meantime, this is slander, which is punishable by law. Tell the director that as long as there are no tests for drug use, and she spreads such gossip, she will bear criminal liability, with subsequent consequences. Conduct a complete examination of the child.
28. The school forces parents to bear full responsibility for my child’s use of Internet resources on school grounds, is this legal?
28.1. No one can hold parents responsible for their child’s use of school property on school grounds.
Question on topic
I am interested in a correspondence (non-family) form of education in a secondary school. The child is 13 years old. Who is responsible for training? Should there be consultations and is attendance mandatory? Will a child receive child benefit until the age of 18 while studying part-time?
29. The school demands money for insurance, saying that if we don’t pay, the bus will not take children to school. Which laws should I refer to? I know that according to the Civil Code Art. 421 we are free to enter into a contract. There is a law on compulsory civil liability insurance for carriers, but as I understand it, it does not apply to schools. What should I refer to besides Article 421 of the Civil Code?
29.1. Hello, Oleg!
You are not required to pay for this insurance. The carrier or the owner of the vehicle must insure liability.
29.2. The school demands money for insurance, saying that if we don’t pay, the bus will not take children to school.
:sm_bw:
Dear Oleg!
When you have something require(no matter at school or in the village council), always ask to formulate this “demand” in writing. And ask to sign this document with your last name and initials. And don't forget to include a date. :sm_ay:
All verbal outcries on any occasion, whatever it may be, have no legal significance. :sm_ad:
29.3. Write a complaint to the Governor of the Rostov Region and the Ministry of Education of the Rostov Region. Now there is a fight against extortion in schools.
30. I am filing an application to the court to deprive my ex-husband, the father of our joint child, of the parental rights. He doesn't take part in the child's life at all. In addition to a certificate stating that he has not received alimony for 3 years and that he has been brought to administrative and criminal liability for this, I would also like to attach a certificate from the school stating that he, just like the parent, has never been seen there and take testimony from my neighbors. Please suggest or provide a link to a sample, in what form should this certificate and witness statements be written? How to certify these documents before submitting them to court?
30.1. Deprivation is extremely difficult. Rights may be limited, but still, you need to make more convincing arguments.
30.2. You can write the certificate in free form.
30.3. The testimony of witnesses does not need to be written down, but rather they must be invited to court and testify there at the trial. Write the certificate yourself or there are plenty of examples on the internet.
30.4. The certificate is prepared in free form. There is no need to write witness statements; you need to petition the court to summon them and question them at the trial.
I can’t find the duties of a teacher...in the law...more precisely, up to what point is the teacher responsible for the student...and I got the best answer
Answer from Lydia[active]
read the internal rules of the school where you study, read the charter of the school, these documents contain a lot of useful information
Answer from 2 answers[guru]
Hello! Here is a selection of topics with answers to your question: I can’t find the duties of a teacher... in the law... more precisely, up to what point the teacher is responsible for the student..
Answer from Genina's joy[guru]
The teacher is responsible for the student until that moment. while lessons are going on. left school - free.
but within the school, the teacher MUST monitor the behavior of his student. he is responsible for the students in his class.
A teacher, like any other employee, is subject to disciplinary liability. In accordance with labor legislation, it is possible to distinguish general and special responsibilities of a teacher. General disciplinary liability is regulated by the norms of labor law and in its content coincides with the responsibility of all employees, special disciplinary liability is regulated by the norms of labor and educational legislation. Legislation in the field of education stipulates that a teacher is responsible for a repeated gross violation of the Charter of an educational institution within a year; the use (even one-time) of methods of education and training associated with physical and (or) mental violence against the student’s personality; showing up at work under the influence of alcohol, drugs or toxic substances; inattention to the life and health of children during lessons (classes), extracurricular and extracurricular activities; inappropriate behavior towards students’ parents and colleagues; inappropriate behavior at work and at home; non-compliance with labor protection and industrial sanitation, hygiene, fire and environmental safety requirements.
BibliographyLaw of the Russian Federation "On Education", Labor Code of the Russian Federation, Code of Administrative Offenses
Sourceslegislation of the Russian Federation
Answer from 2013
[guru]
Until the end of the school day.
We have an agreement for the “protection” of children and for the teacher to replace the “parents” while the child is at school.
Answer from Elena Leontyeva[guru]
Each teacher has a job description, which is issued by the director. The teacher is responsible for the student only during the educational process
Answer from old woman shabby[guru]
The teacher is in charge while the student is on school grounds.
Answer from Yoadykova Elena[guru]
original, of course, about the employer. So it turns out that if I was late for work due to the fact that there is no transport, then it’s not my fault?