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Someday I will definitely make a trip around the world! Do parents have the right not to let parents go to school?

"About education in Russian Federation»Does not introduce any specific parental responsibility for providing education to their children. At the same time, it provides parents with a number of opportunities to make basic decisions in the field of children's education, to perform a number of actions in order to ensure the opportunity to receive this education (for example, choose an education in an educational organization and ensure attendance, choose an educational program, for example, adapted).

If parents do not fulfill their responsibilities to ensure that children receive a general education, only general mechanisms for monitoring the fulfillment of parental responsibilities established in family legislation can work.

According to article 65 of the Family Code, parental rights cannot be exercised in contradiction with the interests of children. Safeguarding the interests of children should be the primary concern of their parents. Parents who exercise parental rights to the detriment of the rights and interests of children are liable in the manner prescribed by law (restriction or deprivation of parental rights).

At the same time, I would like to emphasize that these mechanisms require the participation of the guardianship and guardianship authorities. According to Article 56 of the Family Code, the protection of the rights and legitimate interests of the child is carried out by the parents (persons replacing them), and in the cases provided for by the Code, by the guardianship and guardianship authority, the prosecutor and the court. The educational organization is not included in the list of these persons, as follows from family law. If, for example, parents do not take their child to school, or refuse to choose a feasible (adapted) educational program for him, these actions are performed in violation of the interests of the children. And in this case, it is not the school that should protect these interests, since the school has no means of influencing the parents. This is the business of the guardianship and guardianship authorities, it is this system that should actively participate in solving the problems that have arisen, influence the parents, up to decisions on the restriction and deprivation of parental rights.

The fact that the functions of the guardianship and guardianship authorities - the functions of control over the conscientiousness of parents, over the performance of their parental duties, so that they act in the interests of children - are trying to be assigned to the school, is wrong, because the educational organization simply does not have the appropriate powers and does not have any means of influence. When such situations arise, the educational organization should involve the guardianship and trusteeship authorities, which should solve the problems of such a plan.

Parents of first graders are not allowed to school, is it legal?

Lawyers Answers (2)

Victoria, School Charters do not prohibit parents from entering school, just as the Education Law allows parents to observe the educational process and the conditions surrounding their child (although no one will interfere with this if you coordinate your visit with the administration and teachers). On the other hand, the prohibition for parents to enter is ubiquitous and is caused by the need to ensure the safety of not only students, but also teachers (the precedents are known to everyone), and the Director's order not to let outsiders in this case is considered a local normative act, mandatory for compliance. If corporate norms do not suit you, you can choose another school where there are no such prohibitions. If the parents believe that such local acts of the director, prohibiting parents from entering the school, are contrary to federal law, then they must be challenged first in the city council, then in court

Thus, first refer to the local acts of the school governing this aspect... Such acts may include: the Charter, Internal Regulations, etc. If there is no such prohibition in them, then use your constitutional right to freedom of movement.

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Why are the parents of first graders not allowed to school?

V last years this question worries a lot of people whose children study in educational institutions.

If you want to know how to solve your particular problem, please contact the online consultant form on the right or call the free consultation numbers:

How to check your turn in Kindergarten? Find out about it from our article.

The legislative framework

To be sure are there any indulgences in your school you must contact the administration.

Special conditions

What to do if, based on internal regulations, attendance is restricted and the parent and / or legal guardian needs to enter the school grounds?

Article 63. The rights and obligations of parents in the upbringing and education of children

1. Parents have the right and responsibility to educate their children.

Parents have a priority right to the education and upbringing of their children over all other persons.

Parents have the right to choose an educational organization, the form of education for their children and the form of their education, taking into account the views of children before they receive basic general education.

Changes to the charter

The last item on this list is worthy special attention.

In fact, this means that they can initiate changes in any internal documents of a general education institution, including the charter.

If the majority of parents of schoolchildren sign an act on the abolition of the ban on visiting parents during educational process, then this decision cannot be ignored by the administration.

Can the administration establish its own visiting rules?

Attendance restrictions are set to ensure maximum student safety. If they do not contradict the current legislation, then they are legitimate.

What if the security does not let the parents in?

In some educational institutions parents are equated with outsiders by issuing internal documents completely banning school attendance.

If this happens in the selected educational institution, then you can dispute this by filing a complaint with a higher organization.

  • RONO;
  • If a complaint or claim is filed about sanitary conditions at school, poor quality services or excessive "voluntary" fees, then it can be sent to Rospotrebnadzor.

    In addition, complaints can be made to the prosecutor's office and court.

  • The title of the document (for example, a complaint or a claim).
  • Appeal to take measures to restore rights and freedoms.
  • What do you need to have with you in order to freely enter the school? Each educational institution establishes its own rules of visits.

    Most often, to be on the school territory, a parent will need an identity document and a child's birth certificate.

    How to write a complaint against a kindergarten teacher? You will find an example of drawing up on our website.

    If funds were previously donated for some additional services (goods, works), you can control the process or the result of the execution. Including may be requested documents confirming expenses.

    All funds collected by the school are donated on a voluntary basis! There are no statutory fees that are required. You have the right to refuse to donate funds, even if most of the parents supported this idea.

    Every parent has the right to attend any lesson. To do this, you must write an application addressed to the school administration, agree on the time of attendance and obtain permission from the teacher.

    Thus, any claims that parents are unable to attend school have no legal basis. To resolve such issues, you can contact the school administration or a higher organization.

    Are the increased security measures in schools getting in the way of parents? Find out about it from the video:

    Artemis 08.12.2010 18:21:01

    Most likely, parents are not allowed, because someone from the school leadership has something to hide so that the parents do not see anything superfluous. For example, "leakage" of some funds. In general, this is not legal and humiliating. Parents have the right at least every day to communicate with their child's teachers and meet him in the school lobby, help him dress (if the child is a first grader). I talk to the teacher almost every day, and many other parents do too. For that, always aware of the negative and positive features my child and in the course of what is happening in the classroom. And it's much easier for the teacher. And security is responsible for safety. Also, not a single guard will release an elementary school student from the school WITHOUT ACCOMPANYING.
    And if “someone” does not care about all this, and only worries that some grandmother did not give up the place to his child, well, time, as they say, will judge.

    The thread of this topic:

    Why are parents not allowed to go to school? Svetlana 08.12.2010 16:28:23
    Good afternoon, in Sertolovskaya school No. 2, by order of the director, it was ordered not to let parents into school, at all. To chat with the teacher, you must first register. And now we are standing, parents of first-graders are like dogs under the windows, they are not even allowed into the lobby. The child does not even see whether they came for him or not, we do not strive to enter the classroom and interfere with the teacher, but before the children were taken out to the lobby and we were told how the day had passed. And now we are handing over the children to jail without the right to a date. In the mornings, there are not enough benches for all, children have to throw things on the floor. Classes and circles end in different ways and we have to stand outside for a long time. In my opinion, this is humiliating. Tell me how legal is it?

    School security does not let parents pass even in the lobbies, referring to internal orders from the director. Why are parents not allowed to go to school? Let's try to figure out if this is legal?

    Dear Readers! Our articles tell about typical ways of solving legal issues, but each case is unique.

    In order to clarify the wording according to which the restriction of visits applies, we recommend that you familiarize yourself with the charter. Every parent has the right to do so. To familiarize yourself with its provisions, you need to contact the school administration.

    Parents are responsible for the upbringing and development of their children. They have a responsibility to take care of health, physical, mental, spiritual and moral development their children.

    2. Parents are obliged to ensure that their children receive a general education.

    You can learn about the rules for attending children in schools from the video:

    Up to what age is free travel for children allowed? Find out the answer right now.

    According to Article 52 of the Law "On Education" parents have the right:

    Based on the results of the meetings of the parent committee, internal regulations may be changed, including on the right to attend school.

    Parents' committee applications can be made to the school administration or to a parent organization.

    Each school has its own rules, including those related to attendance. These provisions spelled out in the charter or other local documents of a general education institution.

    What medicines are free for children? Read about it here.

    Most often this document is written to a parent organization, supervising the work of a general education institution. These include:

  • HORONO;
  • Education department.
  • Any documents from parents or parent committee can also be submitted through the Ombudsman. Each school has a person acting as a buffer between parents and any structure of the Ministry of Education.

    1. Date and signatures of the persons who prepared the document.

    Average it takes about 30 days to resolve the complaint... Parents can obtain more detailed information from the organization to which this document was sent or through the Ombudsman.

    School principal complaint template.

    How can I enter the classroom without hindrance?

    In some cases, you may need shoe covers, permission to attend or a signed agreement if the parent is going to attend the lesson. To clarify the exact list, you need to contact the school administration.

    Every parent has the right to control the conditions of his child's stay at school.

    Without the last paragraph you will not be able to get to the lesson... Each teacher is obliged to be informed and have no grounds against visiting. When there is controversial issues you can contact the Ombudsman or a parent organization.

    If you do not agree with the internal regulations and do not have the opportunity to defend the interests of your child, you can use the right to choose an educational institution and transfer the kid to another school.

    Didn't find the answer to your question? Find out, how to solve exactly your problem - call right now:

    In Russia, the activities of schools are regulated by the Law "On Education" No. 3266-1 dated July 10, 1992.

    On its basis, parents and / or legal guardians have the right to attend general education institutions without interfering with the learning process of schoolchildren.

    However, it is the second part of this statement that gives schools the right to prescribe restrictions on attendance in their charters and other local documents.

    Most often this is done with the wording "during the educational process", because this is precisely what it is possible to prevent. In accordance with the above law, every parent must comply with the terms of the charter schools.

    Some schools have exemptions for students primary grades... Sometimes the parents of first graders are calmly allowed at any time in order to help the child adapt to the school environment.

    Despite the obligation to comply with the charter of the chosen educational institution, there is an opportunity that allows get to school at any time legally.

    According to paragraph 1 of Article 63 of the Family Code of Russia, parents have the preferential right to raise their child over any other persons.

    If in the process of upbringing, taking care of the health or development of the baby appears the need to be present at school during the educational process(or at another point, if such is spelled out in the internal documents of the educational institution), then you can take advantage of this advantage.

    It should be noted that in such cases, parents may need written permission from the school administration or from a parent organization.

  • Choose a form of study (in a family or in a general education institution).
  • Provide the opportunity to get education, and, if necessary, create the appropriate conditions for this.
  • Choose an educational institution and take part in its management.
  • Parents and / or legal guardians can influence how the school is run.

    If you have identified violations, then regardless of which educational institution, private or municipal, the child is studying, you can file a complaint with a superior organization.

    It is not uncommon for zealous controllers to prevent parents from entering the school grounds even after the educational process, although it is this time that is prohibited according to the school charter.

    The problem may come both from zealous guards, who take the ban on attendance too literally, and from the school administration itself.

    How do I file a complaint?

    • Department of Education;

    These organizations should be contacted when serious violations are identified.

  • A cap that includes information: to whom, from whom and where the document is submitted.
  • Description of the detailed reason for submitting the document, indicating the names of the victims and responsible persons, if any.
  • What are the rights of parents?

    Attend parent-teacher conferences, as well as be a member of the parent committee.

    It's fast and free!

    Parents' rights at school

    Main tabs

    1. Parents have a priority right to the education and upbringing of their children over all other persons. They are obliged to lay the foundations for the physical, moral and intellectual development of the child's personality.

    2. State authorities and local self-government bodies, educational organizations provide assistance to parents in raising children, protecting and strengthening their physical and mental health, developing individual abilities and the necessary correction of violations of their development.

    3. Parents (legal representatives) of minor students have the right:

    1) to choose, before the completion of the child's basic general education, taking into account the child's opinion, as well as taking into account the recommendations of the psychological, medical and pedagogical commission (if any), the forms of obtaining education and forms of education, organizations that carry out educational activities, language, languages ​​of education, optional and elective academic subjects, courses, disciplines (modules) from the list offered by the organization carrying out educational activities;

    2) to give the child preschool, primary general, basic general, secondary general education in the family. A child who is educated in a family, by the decision of his parents (legal representatives), taking into account his opinion at any stage of education, has the right to continue education in an educational organization;

    3) get acquainted with the charter of an organization carrying out educational activities, a license to carry out educational activities, with a certificate of state accreditation, with educational and program documentation and other documents regulating the organization and implementation of educational activities;

    4) get acquainted with the content of education, the methods of teaching and upbringing used, educational technologies, as well as with the grades of the progress of their children;

    5) protect the rights and legitimate interests of students;

    6) receive information about all types of planned examinations (psychological, psychological and pedagogical) of students, agree to conduct such surveys or participate in such surveys, refuse to conduct them or participate in them, receive information about the results of the surveys carried out by students;

    7) take part in the management of an organization carrying out educational activities in the form determined by the charter of this organization;

    8) be present at the examination of children by the psychological, medical and pedagogical commission, discussion of the results of the examination and recommendations obtained from the results of the examination, express their opinion on the proposed conditions for organizing the education and upbringing of children.

    Parents' Right to Protect the Interests of Children

    1. In order to protect their rights, students, parents (legal representatives) of minor students, independently or through their representatives, have the right to:

    1) send to the governing bodies of the organization carrying out educational activities, applications for the application of disciplinary sanctions to the employees of these organizations, violating and (or) infringing on the rights of students, parents (legal representatives) of minor students. Such appeals are subject to mandatory consideration by the indicated bodies with the involvement of students, parents (legal representatives) of minor students;

    2) apply to the commission for the settlement of disputes between participants in educational relations, including on the presence or absence of a conflict of interests of a teacher;

    3) use other methods of protection of rights and legitimate interests not prohibited by the legislation of the Russian Federation.

    Parents' Right to Participate in School Management

    Management of an educational organization is carried out on the basis of a combination of the principles of one-man management and collegiality.

    The sole executive body of an educational organization is the head of the educational organization (rector, director, head, chief or other leader), who is in charge of the day-to-day management of the educational organization.

    An educational organization may form a board of trustees, a management board, a supervisory board and other collegial management bodies provided for by the charter of the corresponding educational organization.

    The structure, formation procedure, term of office and competence of the governing bodies of the educational organization, the procedure for making decisions and speaking on behalf of the educational organization are established by the charter of the educational organization in accordance with the legislation of the Russian Federation.

    In order to take into account the views of students, parents and pedagogical workers on the management of an educational organization and when the educational organization adopts local regulations affecting their rights and legitimate interests, at the initiative of students, parents and pedagogical workers in the educational organization:

    student councils are created (in a professional educational organization and an educational organization of higher education - student councils), councils of parents (legal representatives) of underage students or other bodies (hereinafter - student councils, parental councils).

    Do parents have the right not to let parents go to school?

    School law. Interview with lawyer Larisa Oktyabristovna Pavlova

    Larisa Oktyabristovna, does the school education of the child involve the participation of parents in this process? How can they participate in the school's activities?

    The law says that we have a state public administration of the school. In different schools, it can be carried out in different ways: parental committees, school councils, other social movements. Unfortunately, many parents are removed from the educational process. Now there are a lot of projects designed to protect the rights of the child at school. It is planned to introduce the post of the child affairs manager at the school - the ombudsman. On September 16, 2009, the Moscow City Duma added the Ombudsman to the list of civil servants. I had to participate in public discussions about whether an ombudsman is needed at school. Not only I, but also many directors of well-known lyceums spoke out against the introduction of the post of ombudsman for the rights of the child. I believe that rights belong to any person, and it is not worthwhile to separate and contrast the rights of children, the rights of pensioners, the rights of the disabled, the rights of the military, the rights of women, etc. The legal representative of a student at school is his parent, better than the parent of the child no one will protect. The new official, the Ombudsman, is a tribute to Western trends, an attempt to implement the model of juvenile justice. The child is separated from the family, the state appoints a person who, instead of the parent, has the right to protect the child.

    The legal status of the Ombudsman is unclear, because so far parents are not deprived of the right to represent the interests of their children. The Constitution of the Russian Federation states that the family is protected, not a separate child outside the family. In addition, once a new position is created, a new official appears, who must have a certain amount of work, if there is no amount, it must be created. The ombudsman, having come to school, in order not to be left without work, must provoke complaints from children and create a conflict artificially. As a result (this can be seen from the example of France, where juvenile justice operates), the number of court cases involving minors is sharply increasing, and the number of parents deprived of the right to raise a child is increasing. A good director does not need an ombudsman; the director himself works with students and their parents and resolves controversial issues.

    It is no secret that very undesirable parenting programs sometimes penetrate into schools. Can a parent refuse to teach his child in any subject or textbook?

    Each school has the right to introduce additional subjects not covered by the program. When a child enters school, the parent has the right to get acquainted with the list of subjects taught and draw conclusions. Any new subject must be introduced with the consent of the parents. Another thing is that in practice this rarely happens, however, as the law says, parent, student and teacher have equal rights. This is where conflicts can arise. For example, in one school, M. Montessori, a supporter of the educational system, was appointed director; it was supposed to reform the school, but the parents opposed the innovations. The parents' claims were heard by the Education Department. On the other hand, the school is independent, it itself determines the subjects and programs in which the teaching is conducted. The school is obliged to give the child the required amount of knowledge, while the method of teaching (programs, textbooks) can be any. Another problem arises here: there are many textbooks, and not all of them are good. A couple of years ago, our Minister of Education said that 64% of textbooks were found unsuitable for teaching. Unfortunately, the quality of textbooks today leaves much to be desired, so a lot of conflicts arise in connection with the content of education. Some textbooks are difficult for children, they are created without taking into account age characteristics, children's psychology, others do not correspond to the traditions of national education. I have had to deal with such conflicts more than once. In one of the schools, for example, a very poor textbook on English language with gruesome illustrations depicting witches, ghouls, vampires, fifth graders who studied using this manual cried at night and refused to attend classes. The parents asked the teacher and principal to replace the textbook with another. They were refused, despite the fact that an examination was carried out and this textbook was found unsuitable. Unfortunately, there are currently no open textbook contests.

    And there are a lot of textbooks on sale, they are created not only by methodologists, but also by scientists, academics, and the parents of the students themselves. The Ministry of Education does not have strict requirements for textbooks. Therefore, before the child enters school, parents need to familiarize themselves with the books from which he will study. If the parents are not satisfied with the quality of the textbook, but the school administration does not meet them halfway, it is possible to transfer the child to home schooling in this subject.

    It is not uncommon for schools in which, in order to familiarize parents with the teaching methods of a particular teacher, they practice open lessons, but somewhere they are categorically not allowed to go to school. Do parents have the right to be present at school?

    In each specific case, this issue is resolved with the consent of the teacher, the teacher has the right to refuse parents to attend any of his classes, to allow open visits only on certain days (the so-called "open lessons"), so as not to disrupt the educational process. This issue is regulated by the school charter. The law does not provide for parents to attend school and is not prohibited. Therefore, the issue is resolved by agreement between the parent, student and teacher. There are cases when a teacher categorically refuses a parent to be present in class, but this already violates the rights of parents, since the law says that a teacher, parent and student have equal rights.

    Although textbooks are supplied to school libraries centrally and are given out to students for each academic year, schools practice buying additional textbooks and teaching materials needed in the classroom. Can parents refuse to buy them? Is the school obligated to provide the children with the necessary benefits at its own expense?

    Larisa Oktyabristovna, a question for you about the school uniform. There are many positive aspects of introducing uniforms at school: a strict style of dress creates a business atmosphere at school that is necessary for classes, a uniform school uniform allows you to avoid competition between children in clothes, a student in a school uniform thinks about studying, not about clothes, etc. This is a duty parents - pay for school uniforms?

    Textbooks and educational materials in the subjects of the compulsory program must be free. The school has no right to force to buy any textbooks. As for the form, the parents acquire it at their own expense, but the poor and large families are legally paid compensation, for this you must submit an application to the school principal. It is noteworthy that the law does not speak about the uniform as such, but about "a set of children's clothing for attending classes" - that is, about any clothing.

    Can parents participate in regulating the load of children, the number of lessons, exams (they are often held twice a year in each class, which causes psychological stress for some children).

    Parents can adjust the load if it exceeds sanitary standards. If the norms are met, and the child has a hard time studying, he can be exempted from attending any subjects, leaving them for home study. Parents can choose any of the forms of education permitted by law: schooling, family education, external studies. These forms of training can be combined.

    I would like to discuss a difficult question for today: do children have the right to refuse to participate in labor activities? Teachers who understand well educational value labor for children, they try to involve their children in the social labor of cleaning the class, thereby teaching them to respect their own and others' labor.

    Educational institutions are prohibited from engaging students in work that is not provided for by the educational program without their consent or parental consent (for example, to clean up the classroom or at a community work day). Now this issue is hotly discussed in connection with the problem of protecting the rights of the child, there is a lot of talk about "slave labor", but there is also intra-school labor discipline, labor education. For example, in order to conduct experiments in chemistry, it is necessary to arrange the instruments, wash the dishes for the experiments, and clean the office. It seems to me that the issue of exploitation is somewhat artificial. Are we raising parasites? Cleaning up a school is not like plowing land in someone else's fields.

    Does a school have the right to expel a student for poor academic performance, and another school not to accept expelled students?

    Those students who have fully mastered the educational program are transferred to the next class. Children with academic debt in only one subject can be transferred to the next grade. If children up to grade 9 have not mastered the curriculum in two subjects or more, they are left for re-education, sent to compensatory education classes, or, at the discretion of the parents, are transferred to home schooling. The school charter may specify when a child who is not performing well is transferred to another school. The expulsion of a child from school is also possible, but only upon reaching the age of 15. The decision to expel is made with parental consent and with the participation of the Commission on Minors. The fate of the expelled from school is decided within a month by the commission on juvenile affairs, together with local authorities and parents.

    Parents often take an active, and sometimes somewhat aggressive, position regarding the vaccination of a child: does the child have the right to refuse medical examination and vaccinations?

    This issue is regulated by the Law on Immunoprophylaxis of Infectious Diseases. Parents, according to this law, have the right to receive full information about the need for vaccinations, if necessary, parents must present a certificate, prove the quality of the vaccine material, the parent has the right to refuse to have his child vaccinated, the refusal must be in writing. Any medical examination of a child should only be carried out with the prior consent of the parents. After 15 years, the child himself has the right to refuse a medical examination or vaccination.

    It often happens that, for some reason, there is a need to educate a child at home? Can homeschooling parents get some kind of compensation for the cost of their education?

    Since education is free in our state, in each region the amount of costs necessary for the education of a student is set. Therefore, parents whose children are in family education can be compensated.

    It is known that parents are responsible for ensuring that their children receive basic general education. If parents (for example, sectarians or alcoholics) are not interested in their child receiving any education, can the child be forcibly sent to school?

    I would put the question differently. If parents do not have documents confirming that their children are receiving education, they may have big troubles with the law, up to the deprivation of parental rights. Therefore, if parents do not consider it necessary for their child to go to school, they must officially formalize his education at home, an agreement must be concluded with the school for family education or external studies.

    If the choice of educational institution is made by the parents, can the child enroll in a public school outside the place of residence?

    Any child has the right to study at any school subject to the availability of vacancies and provided that he meets the requirements of this educational institution. Religious schools, for example, can set their own rules. The child and his parents must agree with the charter of the educational institution. Since we have universal education, it is illegal to competitively select children for the first grade. Another thing is that at school they can talk with children in order to determine the level of their preparation for the formation of the class, while solving their internal educational tasks.

    Larisa Oktyabristovna, is it possible to send a child to a school in a city in which he does not have registration?

    The law on education says that the state guarantees to citizens the accessibility and free of charge of preschool, primary general, basic general, secondary complete general education and primary vocational education. The system of our education is arranged in such a way that the school must accept all children living in the given territory. There is no word “registered” in the law. However, upon admission to the school, it is necessary to present a set of documents, and then difficulties arise. In 2006, an explanatory letter from the Federal Service for the Supervision of Education was published. It stated that, according to the European Convention for the Protection of Human Rights and Fundamental Freedoms, it is prohibited to refuse to grant the right to education. Article 43 of the Constitution of the Russian Federation guarantees the right to education regardless of place of residence, therefore the lack of registration cannot be a reason for refusing admission to educational institution.

    And if they are children of foreigners, stateless of the Russian Federation? On what conditions do they study in Russia?

    Russian legislation provides persons entitled to reside on the territory of the Russian Federation with the opportunity to obtain secondary, specialized secondary and higher education. A foreigner or stateless person can send his child to study in both a municipal and a private school on the conditions that are stipulated in the charter of this institution. Another thing is that free education is provided only to citizens of the Russian Federation, foreign citizens will have to pay for education. The exceptions are cases when there is a bilateral agreement between states that educational services are provided to citizens of a foreign state on an equal basis with citizens of Russia. Upon admission to school, children of foreigners conclude a special agreement with the school, which stipulates all the conditions of education. The difficulty lies only in the fact that upon admission to the school, the level of the applicant's preparedness will be checked; as a result of this check, it will be decided which class to accept the student.

    In recent years, this issue has worried a lot of people whose children study in educational institutions.

    School security does not let parents pass even in the lobbies, referring to internal orders from the director. Why are parents not allowed to go to school? Let's try to figure out if this is legal?

    Dear Readers! Our articles tell about typical ways of solving legal issues, but each case is unique.

    If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:

    The legislative framework

    In Russia, the activities of schools are regulated by the Law "On Education" No. 3266-1 dated July 10, 1992.

    On its basis, parents and / or legal guardians have the right to attend general education institutions without interfering with the learning process of schoolchildren.

    However, it is the second part of this statement that gives schools the right to prescribe restrictions on attendance in their charters and other local documents.

    Most often this is done with the wording "during the educational process", because this is precisely what it is possible to prevent. In accordance with the above law, every parent must comply with the terms of the charter schools.

    In order to clarify the wording according to which the restriction of visits applies, we recommend that you familiarize yourself with the charter. Every parent has the right to do so. To familiarize yourself with its provisions, you need to contact the school administration.

    Some schools have exemptions for primary school students. Sometimes the parents of first graders are calmly allowed at any time in order to help the child adapt to the school environment.

    To be sure are there any indulgences in your school you must contact the administration.

    Special conditions

    What to do if, based on internal regulations, attendance is restricted and the parent and / or legal guardian needs to enter the school grounds?

    Despite the obligation to comply with the charter of the chosen educational institution, there is an opportunity that allows get to school at any time legally.

    According to paragraph 1 of Article 63 of the Family Code of Russia, parents have the preferential right to raise their child over any other persons.

    Article 63. The rights and obligations of parents in the upbringing and education of children

    1. Parents have the right and responsibility to educate 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.

    Parents have a priority right to the education and upbringing of their children over all other persons.

    2. Parents are obliged to ensure that their children receive a general education.

    Parents have the right to choose an educational organization, the form of education for their children and the form of their education, taking into account the views of children before they receive basic general education.

    If in the process of upbringing, taking care of the health or development of the baby appears the need to be present at school during the educational process(or at another point, if such is spelled out in the internal documents of the educational institution), then you can take advantage of this advantage.

    It should be noted that in such cases, parents may need written permission from the school administration or from a parent organization.

    You can learn about the rules for attending children in schools from the video:

    Changes to the charter

    Any documents from parents or parent committee can also be submitted through the Ombudsman. Each school has a person acting as a buffer between parents and any structure of the Ministry of Education.

    In addition, complaints can be made to the prosecutor's office and court.

    These organizations should be contacted when serious violations are identified.

    Complaint structure:

    1. A cap that includes information: to whom, from whom and where the document is submitted.
    2. The title of the document (for example, a complaint or a claim).
    3. Description of the detailed reason for submitting the document, indicating the names of the victims and responsible persons, if any.
    4. Appeal to take measures to restore rights and freedoms.
    5. Date and signatures of the persons who prepared the document.

    Average it takes about 30 days to resolve the complaint... Parents can obtain more detailed information from the organization to which this document was sent or through the Ombudsman.

    Complaints to the headmaster.

    How can I enter the classroom without hindrance?

    What do you need to have with you in order to freely enter the school? Each educational institution establishes its own rules of visits.

    Most often, to be on the school territory, a parent will need an identity document and a child's birth certificate.

    In some cases, you may need shoe covers, permission to attend or a signed agreement if the parent is going to attend the lesson. To clarify the exact list, you need to contact the school administration.

    What are the rights of parents?

    Every parent has the right to control the conditions of his child's stay at school.

    Attend parent-teacher conferences, as well as be a member of the parent committee.

    If funds were previously donated for some additional services (goods, works), you can control the process or the result of the execution. Including may be requested documents confirming expenses.

    All funds collected by the school are donated on a voluntary basis! There are no statutory fees that are required. You have the right to refuse to donate funds, even if most of the parents supported this idea.

    Every parent has the right to attend any lesson. To do this, you must write an application addressed to the school administration, agree on the time of attendance and obtain permission from the teacher.

    Without the last paragraph you will not be able to get to the lesson... Each teacher is obliged to be informed and have no grounds against visiting. If you have any controversial questions, you can contact the Ombudsman or a higher organization.

    Thus, any claims that parents are unable to attend school have no legal basis. To resolve such issues, you can contact the school administration or a higher organization.

    If you do not agree with the internal regulations and do not have the opportunity to defend the interests of your child, you can use the right to choose an educational institution and transfer the kid to another school.

    Are the increased security measures in schools getting in the way of parents? Find out about it from the video:

    With the arrival of a new school year both supporters and opponents of vaccination froze in anticipation. The former are afraid that unvaccinated and not tested for tuberculosis children will come to educational institutions, and the latter are afraid of being forced to vaccinate and threats that the child will not be allowed into the children's team.

    "And we left school"

    Elena Furman, mother of a fourth grader Maxima, is still beside himself with anger. She is against traditional vaccinations. The son is allergic, and, according to Elena, it is completely unnecessary to inject drugs into him to prove that Maxim does not have tuberculosis.

    “I transferred my son to the Kremenkul school from Chelyabinsk in the middle of the year,” says Elena. - One day I took him to a paid laboratory and did a t-spot blood test, because the second child at school was asked for this test. Maxim came to class with a taped hand. I didn’t have time to bring results. What was my indignation when it turned out that without my consent it was he who was given a diaskintest at school on the same day. My son is not a test tube! When I was registering it for school, no one even looked at the medical card. Later I began to find out, and it turned out that the class teacher suggested that the nurses call me, since my mother did not agree. They just shrugged it off, supposedly once, and vaccinated all children in a row: both healthy and those who just came from 'sick leave'. "

    Furman emphasizes: thank God, there were no complications. What if the boy had anaphylactic shock? And what was the waste for a t-spot blood test (5600 rubles, by the way)? And in general: the son became less ill without vaccinations. The woman in every possible way protects him from them. And all down the drain.

    The district prosecutor's office became interested in the case. The nurse was fired. Everybody got the orders: from the school director to the chief pediatrician of the district.

    “Why was one nurse fired? - Elena is perplexed. - Actually, there were two. Just in case, we took Maxim out of this school: it is not known what the new school year will bring. "

    There are many groups on the web that support vaccine avoidance.

    Vaccination protest rally

    Almost at the same time as Furman's case, the Mantoux reaction was delivered to another schoolgirl in Katav-Ivanovsk, Chelyabinsk region. Here, a medical worker for admitted negligence - medical manipulation without parental consent - got off with a fine of 500 rubles.

    When the cases began to recur, opponents of vaccination (and these are several Chelyabinsk mothers) went to the rally. They armed themselves with banners and were happy to give interviews local media... The fact is that one of the activists - Elena Teplykh- seeks permission for his son Lev Panova attend kindergarten without vaccinations. However, from the educational institution Lev was "dropped off" home. Elena filed a lawsuit, assuring that the boy does not belong to the risk group, and lost. Following and the regional court confirmed the correctness of the district. The boy’s mother is relentless and claims that, if necessary, “will go to the Supreme Court”. Since Lyova was not taken to school either, Elena decided that her son would be homeschooled. Anything to do without the tuberculosis vaccine.

    “And my eldest developed diabetes after being vaccinated with DPT,” says Hope, Mother Gleb... "The youngest will certainly do without vaccinations, at least shoot."

    "Is there any evidence that it was after vaccination that the child got sick?" - a supporter of vaccinations is interested Elizabeth, Mother Masha.

    Hope is silent. There is no evidence, but she is sure, because she read a lot on the Internet about the dangers of vaccinations, and a neighbor said how her daughter-in-law almost buried her newborn due to the vaccination.

    These and many other mothers filed complaints with the apparatus. Regional Ombudsman Margarita Pavlova... Many parents claim that they are forced to sign consent for vaccinations, especially for tuberculosis, on the pretext that the child will be suspended from school. The apparatus said: parents are not always properly informed about the side effects of the vaccine. This is the risk of vaccination and tuberculin diagnostics, since this is a serious medical intervention that can lead to complications and adverse reactions.

    Users are afraid that children will not be allowed into kindergarten without vaccination, and their parents do not want to do it.

    Kindergarten and school - to be?

    “In accordance with Article 11 of the Federal Law“ On Immunoprophylaxis of Infectious Diseases ”, preventive vaccinations are carried out with the consent of citizens, parents or other legal representatives of minors and citizens recognized as incapacitated,” comments Chairman of the Bar Association Ilya Filatov... - Violation of this provision (and, accordingly, vaccination of children without written parental consent) may entail administrative liability under Art. 6.3 of the Administrative Code of the Russian Federation ("Violation of legislation in the field of ensuring the sanitary and epidemiological well-being of the population"), as well as criminal liability depending on the severity of the consequences.

    The lawyer is sure: a child cannot be vaccinated without parental consent and have no right not to be allowed into an educational institution without vaccinations. Photo: From personal archive

    By order of the Ministry of Health and Social Development of Russia dated January 26, 2009 No. 19n, it was established that pediatricians of the outpatient clinic must inform parents in detail about the vaccine, its effectiveness and consequences in case of refusal.

    At the same time, this law, of course, provides for the possibility of refusing vaccinations. However, this refusal must be made in writing: it is signed by a citizen, one of the parents or other legal representative, a medical professional and is contained in the patient's medical records.

    Thus, it is possible to register a child in an educational institution (kindergarten, school) in the absence of vaccinations. This conclusion is fully consistent with the position of the Ministry of Health of Russia, which was reflected in a letter dated July 15, 2015. At the same time, on the territory of Russia, judicial practice on such disputes is rather ambiguous and contradictory. In the Chelyabinsk region, in particular, the court did not allow a child to be admitted to the kindergarten without Mantoux's test. This decision was upheld in the Chelyabinsk Regional Court. According to Art. 5 of the Federal Law "On Immunization of Infectious Diseases", the absence of preventive vaccinations entails a temporary refusal to admit citizens to educational and health institutions in the event of the occurrence or threat of mass infectious diseases. It should be noted that the law provides for a temporary restriction, only for the period of massive infectious diseases or when there is a threat of epidemics. Otherwise, the rights of citizens to education, medical care cannot be infringed upon due to the lack of any preventive vaccinations. "

    According to a pediatrician with forty-eight years of experience Svetlana Deineko, most vaccinations are still necessary: ​​“Both diaskintest and the Mantoux reaction can reveal such a serious disease as tuberculosis. Don't discount it. Unfortunately, even now in schools and kindergartens, sick people are found now and then. Only early detection will help, if necessary, start treatment and help the child, as well as protect the children's team. "

    In a word, when deciding whether to vaccinate or refuse it, it is important for parents to remember: the health and life of their own children at such a young age is entirely in their hands.

    Parents do not allow their child to go to school. How to fight? May 4th, 2017

    I learned about this story a few years ago from a girl with whom we went to yoga. She was 25 years old. Once we got to talking, and I asked - what she was finishing, meaning the university. At this she sighed and said ... what a university there! I didn't even really study at school ...



    This surprised me a lot, and this is what I heard next. It turned out that when she was 10 years old, the whole family, together with their parents and a one-year-old younger brother, they moved to Moscow. Parents decided to become wealthy, and therefore disappeared from morning to evening at work. And she was instructed to sit with a small child. In general, she stopped going to school. If she tried to emerge, they say, I want to go to school, then dad told her - there is nothing to do in Russian schools, they will not teach anything good there. Yes, and beat at the same time. In the end, she grew up, got married, now she has two children of her own ... But she still regrets that because of her parents she could not get a profession, because without the Unified State Exam, no university is accepted ..
    2.

    Of course, I understand that there are not very many such parents, but they exist! And that is why now the State Duma, the Public Chamber, and the blogosphere are discussing the state information system "Students' contingent". Well, since Dane will soon be in first grade, I decided - I need to be aware of.

    The idea is this. Officials plan to create a portfolio entry for each child, which will contain both personal data (full name, date and place of birth, information about parents, etc.) and information about education - which educational institutions, circles and sections they go to , is he a good student, what achievements he shows at the Olympiads and other competitions.

    So these are the parents, who actually took their children into slavery, will be immediately visible. Although, of course, the cases are different - there are children from disadvantaged families who do not care at all; there are those who live too far from the school and find it difficult and inconvenient to get there; and there are parents - adherents of home schooling, whose children, on the contrary, study well, and then pass exams at school. Therefore, it is clear that one must understand which of these categories the child belongs to, whether the parents are engaged in him, or he lives with them only as a servant.

    Or here's another example. This time from my childhood. I remember how an excellent-student friend, who did well in all subjects, talked about her French teacher, a very nice lady who was friends with the director. She did not learn the language in principle. After leaving school, this friend of mine, like all her other classmates, could count to ten in French and could introduce herself. Everything! That is, the headmistress knew perfectly well that the children are not taught the language, but at the same time they give fives, but she covered up her French friend and did not fire her. I would like very much that there were no such “teachers” in schools, and those who really put their hearts into it, receive a decent income, honor and respect. And here an objective accounting of children's knowledge can also help.

    Another plus of the system is that it will take into account children right from birth and help predict where and how many schools should be opened in 7 years. Now, oddly enough, in some regions officials are surprised: oh, SUDDENLY 100,500 people have enrolled in the first grade, and everyone needs a school ...

    The fears of the opponents of the bill are reminiscent of the fairy tale "The Kid Who Could Count to Ten." The fear that it will be counted, and then evil people will come and take the children, sits deep in our people, especially in those who live in dense villages, heard the ringing, but did not really understand what was what.

    In fact, we already have an example of such an information system and it works great. This is a portal of state services of Moscow. As a person who hates queues, I have long and firmly appreciated him, and in general, I do not understand how we lived before. The ability to enroll a child in a kindergarten, school, doctor right from home, apply for a passport is great. Remember what a mess it was just a few years ago. For any reason - collect a bunch of pieces of paper and take them to a special commission, many hours of live queues.
    Or the watch of parents at the doors of schools when registering for the first grade. In the photo, by the way, this is happening in the winter in Yakutsk ...

    And here - the solution of similar problems. Parents will not be required to collect documents each time to receive the same benefits, and teachers will spend less time filling out different reports.

    So I am for progress. What do you think?



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