Should they at school? Is there a law determining the place of education (school) at the place of residence? Mechanism for realizing the right to receive accessible education

Federal Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation” (hereinafter referred to as the Law) defines the procedure for education for children in need of long-term treatment, disabled children who, for health reasons, cannot attend educational organizations. According to Art. 41 of the Law, for students mastering basic general education programs and in need of long-term treatment, educational organizations are created, including sanatoriums, which provide the necessary medical, rehabilitation and health measures for such students. Education of such children, as well as disabled children who, for health reasons, cannot attend educational organizations, can also be organized by educational organizations at home or in medical organizations. The basis for organizing training at home or in a medical organization is the conclusion of the medical organization and a written request from parents (legal representatives).
The procedure for regulating and formalizing relations between state and municipal educational organizations and parents (legal representatives) of students in need of long-term treatment, as well as children with disabilities in terms of organizing training in basic general education programs at home or in medical organizations is determined by a regulatory legal act of the authorized government body subject of the Russian Federation.
Note. “Long-term treatment” means an inpatient stay of 21 days or more.
But what about schoolchildren who were sick for less than 21 days?
According to Art. 44 of the Law, parents are obliged to ensure that their children receive a general education.
In accordance with Art. 43 of the Law, students are required to conscientiously master the educational program, carry out the individual curriculum, including attending training sessions provided for by the curriculum or individual curriculum, independently prepare for classes, and complete tasks given by teaching staff within the framework of the educational program.
According to lawyers, in this case, by default, it should be assumed that schoolchildren who miss classes, including due to illness, lasting less than 21 days, must fill the gaps in their knowledge on their own, and the school can conduct only those classes that are provided for in the curriculum. Also, by default, a normative act can be adopted at the regional level, and a local act at the level of an educational institution, ensuring the organization of classes with such students.
Local acts of the school (Charter, Regulations on the organization of education for sick children, etc.) work with lagging students, with students who have missed classes for good reasons, as a rule, can be provided if:
- it is included in the municipal assignment for the school and, thus, financial support is provided for this work;
— the school has extra-budgetary funds that it can use to pay teachers working with this category of students.
If neither local school regulations nor regional legislation provide for the possibility of educating children who have been ill for a long time or who have been ill for a short period, then it will be difficult for parents to make demands on the school.
In any case, parents should resolve these issues with the school administration, look for mutually acceptable options, for example, switch to training according to an individual curriculum, etc.
Note. Parents can find out about the school’s local regulations on its website.

The older generation remembers their school years like this: during lessons we listen carefully to the teacher, complete all tasks; during breaks we help teachers on duty to keep people from running around in the corridors; after lessons we tidy up the classroom, water the flowers, wash the floor; We return home, and only after we have done our homework in good faith do we run into the street with a clear conscience.

Workdays of a current school student: those who listen to the teacher, those who don’t, can play pranks; during recess we run along the corridor or on the street, and we also visit the store; rustling packages of chips and chocolate, you can throw candy wrappers on the floor - someone will clean it up; wash the board after class? - Catch up with me, teacher! We must run away quickly so as not to be noticed; in the dining room I am a consumer, why should I wipe the table? But at home you can do whatever you want, no one will force you to do anything here. Homework? - Tomorrow I’ll write from an excellent student, now I’ll surf the Internet or go for a walk.

I did not study in Soviet times, so please forgive me if I described it incorrectly. It’s just that the films gave me such bright ideas about Soviet education and the behavior of students at school. And I know first-hand about the state of affairs in our time.

Why has the behavior of schoolchildren changed so much?

I think the problem has many roots.

Firstly, The state has changed and with it the values in education. Teachers have become service personnel (education has become a service, and a teacher is essentially a servant), but I will not say anything about other school employees (not teaching staff). They don't count for anything at all. The teacher must inspire interest by any means; he is also to blame for all problems with students - he must be able to cope with any children. The main goal of getting an education at school is not an end in itself (getting an education!), but passing the Unified State Exam with a good score. What about personality development?
Secondly, together with the state the laws have also changed (about education, in particular). We'll talk about this a little below.
Thirdly, the most important reason is lack of education . If a child is allowed everything at home, then at school he will also feel like he’s in charge and behave as he wants.

There may be many more reasons, I have described the main ones. If you want to add something, write in the comments. Not only from school examples, but also from life examples, many of us understand that a person began to study (and then improve) his rights, but for some reason he completely forgets about his responsibilities. And he should know them from the cradle, let alone from school.

Rights and responsibilities of schoolchildren: then and now

Rights students are enshrined in the Constitution - this right to education, and free of charge, from kindergarten to university. We can have as many higher educations as we like, but one is free. Although there is a caveat here - you have the right once in your life to get a profession (including higher education) for the second time at the expense of the state, if you contact the employment service. We can also include among the rights of schoolchildren the right to safe learning conditions, to free textbooks and manuals, free use of the library and other equipment at school, to free meals(under certain conditions) and further along the list of human rights in the Constitution of the Russian Federation.

Let's move on to responsibilities...

I’ll try to compare two extracts from the law “On Education” in Russia and the USSR (the law “On Education in the USSR” of 1973 is taken).

What were the responsibilities of students in the USSR:

systematically and deeply acquire knowledge and practical skills , develop your abilities , develop the ability to independently replenish knowledge and apply it in practice;

participate in socially useful, productive work, self-service , comply with the internal regulations of the educational institution (rules for students), be disciplined and organized, lead a healthy lifestyle, improve your cultural level;

protect and strengthen socialist own , take care of nature and protect its wealth, strictly observe Soviet laws and respect the rules of socialist society, and be intolerant of antisocial manifestations;

improve health , engage in physical education, prepare yourself for the defense of the socialist Fatherland.

There may be many obligations towards the state, but at the same time there are so many demands on yourself - develop your personality, skills, knowledge, improve your health.

What now? (Article 43 of the Law “On Education in the Russian Federation”)

1) in good faith master the educational program, carry out an individual curriculum , including attending training sessions provided for by the curriculum or individual curriculum, independently preparing for classes, completing tasks given by teaching staff as part of the educational program;
2) comply with the requirements of the organization's charter carrying out educational activities, internal regulations, rules of residence in hostels and boarding schools and other local regulations on the organization and implementation of educational activities;
3) take care of maintaining and strengthening your health , strive for moral, spiritual and physical development and self-improvement;
4) respect the honor and dignity of other students and employees of the organization carrying out educational activities, not create obstacles for other students to receive education;
5) treat the organization's property with care carrying out educational activities.

If we compare, then, in principle, the new law retains the same responsibilities for developing one’s personality, observing the school charter, etc. But one important point has disappeared - participation in socially useful work and self-service .

Why am I paying so much attention to this point?

At the very beginning of the article I described the day of a modern schoolchild. Only the most responsive guys respond to a request to wash the board after a lesson. The rest, either due to the busyness of the school day or lack of education, immediately run away after the lesson. I generally keep quiet about help at the end of the day. At our school, the cleaning lady only washed the floors. But other? Who is left with this job? That's right, teacher. But he already has a lot to worry about, so he also has to clean the classroom?

With my article I want to convince respected parents to instill hard work in their children. Just clean up after yourself after eating, if you litter, put it away, if you study with books, put it back in its place. This will help you keep your house and school in order. Once every quarter, decide to do a deep cleaning of the classroom. Help organize this thankless, but necessary for health, task.

And on this pathetic note I will tell you,

What is a child not required to do at school?

Why am I placing this section at the very end of the article? Because it is designed for conscience. If you want, do it, if you want, don’t. You are not required to:

Perform any job duties (according to Article 34, paragraph 4 of the Law “On Education in the Russian Federation”) without the consent of parents (legal representatives).
Those. In fact, they cannot force a child to wash the board, sweep the floor, etc. Now everyone is allowed to throw candy wrappers, airplanes, and seed peels. But other children then enjoy studying in such a room?
In Kamchatka at one time there was even a scandal about this. The school principal obliged all students to participate in cleaning the classroom and school. The authorities considered it illegal (according to the above-mentioned clause in the education law) and that’s all.
Go to various school events (except those that are in the curriculum).
You are required to go to classes, but not to concerts, matinees, or rallies.
I’ll say one more thing about summer school practice. This is also labor coercion. Does it make sense to force all schoolchildren to attend? There are 1500 students in my school. Conscientious kids decide to take the course in June so that they can go somewhere else for the rest of the time, and the whole crowd comes to school. But there is not enough work for such a large number of children! So it turns out that in June there is no work, and in July and August there are no workers.
I repeat once again that no one has the right to force a child to undergo summer internship. The school is being cunning and calling it “help for the school”, “improvement of the school”, etc. I'm not saying that help isn't needed, it's still needed. But we need to make it more doable for the child (and not 20 hours!). You came for the day, helped where you could, and you go home happy. This is what I suggest you think about, dear parents.

The school gives us free education, and we can help it with landscaping, minor repairs, etc. The children study there anyway; we do everything only for the comfort of our children.
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The onset of the new school year once again raises questions about the relationship between the school and students and parents. What does the school owe the child and what does it not? How does it influence the upbringing of a child and should it influence it? We asked these questions to our experts. What’s remarkable is that one of them is a real schoolboy.

How does school influence the formation of personality?
Seva Zhidkov,
school student, bot developer at Mail.ru Group

The personality of a teenager is really formed at school, but not by the curriculum and lessons of family values, but by the peers surrounding the student. Classmates influence an ordinary student much more than teachers, so his future depends on the team. In a progressive class, a child is not afraid to talk about his views and preferences, including sexual orientation. In other classes, he may be squeezed into himself, and he simply will not be able to self-determinate for the rest of his life.

Lyubov Dukhanina,

Chairman of the Commission on Education and Science of the Public Chamber; President of the educational holding "Naslednik"

Developmental psychology says that in the preschool period, parents are the unconditional authority. In elementary school, this authority gradually passes to the teacher. Anyone who has school-age children is familiar with the situation when parents are trying to help their child do homework, but he is worried because mom or dad solves the problem in a different way than the teacher advised. The teacher becomes a model, he sets the rules and boundaries. This is why the personality of the teacher is so important. It determines not only the color of the pen with which to mark the fields, or the method of multiplication in a column. Day after day, working with the class, the teacher instills the rules of communication, a method of resolving conflicts, overcoming difficulties, and a method of cognition. The child gradually becomes part of a full-fledged school community, learns to receive knowledge from different teachers with different working styles, learns to respect these differences and build interaction with the school community. And the kind of structure that has developed at school largely determines what kind of person will come out of it. This is why we always pay so much attention to the discussion of school education.

Does the school have a duty to form moral values in children?

Seva Zhidkov

The child must develop moral values for himself. The school provides a large layer of knowledge in history, law and other sciences, which allow the teenager to make his own decisions and form his own views. Trying to force something in is ineffective - teachers are now not an authority for schoolchildren.

Lyubov Dukhanina

It is difficult to imagine that someday the school will cease to influence the younger generation, and will remain only a transmitter of knowledge. This is also evidenced by the gradual change in educational standards - requirements for the results of educational work appear, and the necessary legislative conditions are clarified. Values are transmitted in communities. And school is a living and dynamic community in which the child gradually grows up and tries his hand. Therefore, there is both duty and responsibility, and they are colossal. At the same time, in terms of education, cooperation between the school and parents is very important, since education is a shared effort.

Should a school have rules about students' appearance?

Seva Zhidkov

No, and there are several reasons for this. Firstly, the uniform, which was created, among other things, to eliminate social differences between students, is now used as a way to show one’s coolness: to deny it is considered an act against the authorities, which is why students who do not care about disciplinary sanctions are approved. This creates an unhealthy atmosphere in classrooms: “Why don’t his parents care and allow him not to wear a uniform, but I can’t do that?” Secondly, the ability to dress beautifully every day is also a quality that would be good to learn in school. It happens that a graduate from the provinces enters a university in the capital and continues to wear a suit because he doesn’t know how to do otherwise. And thirdly, comfortable clothes allow you to concentrate on your studies. Many students have problems with the shoes required by school uniforms rubbing their feet or preventing them from moving freely. It would seem that this is a relic of the past, but all this remains today.

Lyubov Dukhanina

The rules should primarily be related to a neat appearance, comfortable, non-distracting clothing that creates a sense of unity. Now schools have the right to independently introduce requirements for students’ clothing, its general appearance, color, style, insignia and wearing rules. Requirements are developed jointly with students and their parents. This makes it possible to take into account and express the uniqueness of each educational organization and creates the practice of joint decision-making.

Should teachers monitor what students are doing outside of class hours?

Seva Zhidkov

Teachers can unobtrusively monitor what their students are doing: this allows them to better understand the interests of teenagers, take a personal approach to each child’s progress, etc. However, it is completely unacceptable to abuse authority and condemn a child directly, not through parents. The application of some kind of sanctions for obscene language on the Internet or smoking outside of school should be the prerogative of his guardians.

Lyubov Dukhanina

One way or another, teachers always have an idea of what students are doing outside the classroom. Many guys themselves are happy to share their emotions, impressions and experiences. All international studies indicate that it is important for students to communicate with the teacher not only about the subject. The more a teacher knows about a child, the better he can take into account his characteristics, interests, guide and, if necessary, help. This does not mean surveillance or violation of personal boundaries. The key here is trusting, warm communication. When difficult situations arise, a teacher who knows the student beyond just lessons is more likely to be able to provide the necessary support.

Seva Zhidkov

The school should consult parents about the current situation as a whole, identify the problems of students, but not impose its solution. Recommendations should be made by competent people, perhaps centrally, so that parents can learn about their problems.

Lyubov Dukhanina

In matters of education, joint work between school and family is extremely important. Family and friends give the child one experience, school another. They should not contradict, but complement each other. You can't force anything. Often parents themselves seek support from teachers in difficult issues of education. And vice versa - in situations where parental attention is required, the school gives an appropriate signal. The most important thing here is to proceed from the interests of the child.

No matter what area of our life we touch upon, it is important to follow certain rules so that order, not chaos, reigns. Each of us is an independent person who must know his rights, but we should not forget that each person also has certain responsibilities.

Most often, it is when a child crosses the threshold of school and enters first grade that he should have an idea of what the rights of a student are. Parents can also introduce their baby to the most basic of them. In this article we will try to examine in more detail not only the rights of a student in a school in the Russian Federation, but we will also not forget about their immediate responsibilities.

Right to basic education

Our constitution spells out the rights of citizens of our country, one of which is the right to education. The state needs literate and educated people. Therefore, education in secondary school is currently provided free of charge. This means state-owned Parents have the right to send their child to a private school, but there they will have to pay for tuition.

Children come to school so that, before starting school, the rights of a 1st grade student must be explained by the class teacher. We must not forget that already in elementary school, children should be well acquainted with their responsibilities.

Everyone has the right to receive secondary education, regardless of nationality, age, gender and religious views. Every resident of Russia is obliged to go to school. The state fully financially provides the entire educational process - from textbooks to visual aids and necessary equipment.

At the end of school, a certificate of secondary education is issued, but to obtain it it is necessary to pass final exams, which will confirm that it was not in vain that the child spent 11 years going to school. Only with this document does the graduate have every right to continue his education in a higher or secondary specialized institution.

What is a student entitled to?

Having crossed the threshold of school, a small child is no longer just a child of his parents, but also a student. At the first class hour, the first teacher must introduce him to what the child has every right to while within the walls of the institution. The student's rights are as follows:

The rights of a student in the Russian Federation also have a clause stating that, if desired, the child can always transfer to another school. Home study, external study or taking exams early is not prohibited.

Student rights in the classroom

You can name individual paragraphs that explain what rights a student has at school during an educational session. Among many, I would like to mention the following:

The student can always express his opinion in class.
The child has the right to go to the toilet by notifying the teacher.
The student must know all the grades given in this subject.
Each child can correct the teacher if he made an inaccuracy in his speech regarding the topic of the lesson.
Once the bell has rung, the child can leave the classroom.

These, of course, are not all the rights of the student; others can be named that are no longer directly related to the educational process.

Right to healthy education

Each student not only can receive, but also has the right to ensure that it is complete, of high quality and, most importantly, safe for the child’s health. Maintaining a healthy atmosphere at school is very important, and in order for it to be so, it is necessary to adhere to certain conditions:

Parents not only can, but also must monitor how the student’s rights are respected at school. For this purpose, parent committees can be created; every parent has the right to come to the school and look at the learning conditions.

What the student must do

A student’s school rights are good, but we should not forget that each person has his own range of responsibilities that he must fulfill. This also applies to students at school. Here is a list of some of the responsibilities of children within the school walls:

All rights and responsibilities of a student at school must not only be known to adults and children, but must also be fulfilled.

What is prohibited for students at school?

There are some things that children are not allowed to do at school:

Under no circumstances should you bring dangerous objects, such as weapons or ammunition, to class.
Provoke conflicts that end in a fight, as well as take part in fights between other students.
It is prohibited for a student to miss classes without a valid reason.
Bringing alcoholic beverages with you, consuming them at school, or coming under the influence of alcohol is strictly prohibited.
Smoking is also prohibited on school grounds. For this, the student can be punished and the parents fined.
It is unacceptable to gamble within the school premises.
It is forbidden to steal other people's things and school supplies.
Causing damage to school property will result in penalties.
It is prohibited to speak rudely and disrespectfully to the administration of the educational institution or the teacher.
The student should not ignore the teachers’ comments.
Every child in school should know that he is not allowed to come to class without completing his homework, although there are plenty of such unscrupulous students in every school.

If the rights and obligations of the student are always respected in all educational institutions, then school life will be interesting and organized, and all participants in the educational process will be satisfied with everything.

What does a school teacher have the right to?

It is impossible to imagine a lesson without them being guides to the world of knowledge. The rights of a student and a teacher at school are not exactly the same, here is a list of what the latter has the right to:

In addition to rights, of course, there is a list of responsibilities that every teacher must fulfill.

Responsibilities of teachers

Despite the fact that teachers are adults and the entire educational process rests on them, their list of responsibilities is no less than that of students:

The list of responsibilities is decent. But let’s not pretend, because teachers are people too - especially some points are not always observed.

Rights of the class teacher

After a child crosses the threshold of school for the first time, he falls into the hands of his second mother - the class teacher. It is this person who will become their main mentor, protector and guide to their new school life. All class teachers, as well as other teachers, have their own rights, which are as follows:

Probably the most important right is to ensure that the rights and responsibilities of the student at school are respected.
The class teacher can independently develop, at his own discretion, a program of work with children and their parents.
Can count on help from the administration.
He has the right to invite parents to school.
You can always refuse responsibilities that are not within the scope of your professional activities.
The class teacher has the right to information about the mental and physical health of his students.

To monitor compliance with your rights, you first need to know them well.

What the class teacher is not entitled to

In any institution there is a line over which employees must not, under any circumstances, cross. This applies primarily to educational institutions, since teachers work with the younger generation, who must learn within the school walls how to become an independent, responsible person.

The class teacher does not have the right to humiliate and insult a student.
It is unacceptable to use marks in the journal as punishment for misconduct.
We cannot break our word given to a child, because we must raise honest citizens of our country.
It is also inappropriate for a teacher to abuse a child’s trust.
The family should not be used as a means of punishment.
Not only for class teachers, but also for all teachers, it is not very nice and correct to discuss things behind the backs of their colleagues, thereby undermining the authority of the teaching staff.

Responsibilities of class teachers

In addition to his immediate responsibilities as a teacher, the class teacher must also perform a number of duties:

Ensure that the rights and responsibilities of a student in his class are respected.
Constantly monitor the progress of your class and the overall dynamics of its development.
Keep control over the progress of your students, make sure that students do not allow absences without a good reason.
Monitor progress not only at the level of the entire class, but also note the successes and failures of each child so that the necessary assistance can be provided in a timely manner.
Be sure to involve students in your class in participating not only in class events, but also in school-wide ones.
Once you start working in the classroom, it is imperative to study not only the children, but also the characteristics of their lives and family conditions.
Notice any deviations in the child’s behavior and development so that psychological assistance can be provided in a timely manner. If the situation is quite complicated, then the administration of the educational institution must be notified.
Any student can approach the class teacher with his problem, and he must be sure that the conversation will remain between them.
Work with the parents of your students, inform them of all misconduct, successes and failures, and jointly look for ways to solve problems that arise.
Carefully and timely fill out all necessary documentation: journals, personal files, student diaries, personality study cards, and others.
Monitor the health of children and strengthen it by involving students in the work of sports sections.
The responsibilities of class teachers include organizing duty for their class in the school and cafeteria.
Timely work to identify children from disadvantaged families who are at risk and conduct individual educational work with them and their families.
If there are already children from the “risk group” in the class, then it is necessary to constantly monitor attendance, academic performance and behavior.

It can be added that the class teacher is responsible for the life and health of his students during all school and class events. If, in the course of his work, a teacher violated the rights of a student by using methods of physical or mental violence against him, then he may be relieved of his duties, and in some cases, brought to criminal liability.

In order for the environment within the walls of an educational institution to be friendly and favorable for the acquisition of knowledge, it is necessary for parents to instill in their children the rules of good behavior from early childhood. But within the walls of an educational institution, it is already important for children to know not only the rights of a student at school, but also the range of their direct responsibilities. It is important that parents are interested in the school life of their children, know about all their failures and successes, relationships with teachers and peers, so that, if necessary, they can protect their rights.

This question arose in my practice. Many parents believe that the school is obliged to provide the child with workbooks along with textbooks. Unfortunately, it is not. In Togliatti, even the city prosecutor's office filed a similar claim. But the court rejected the claim.

One of the grounds for refusal is Article 35 of the Federal Law of December 29, 2012 “On Education in the Russian Federation.” Let's carefully read part one of this article. "Students mastering basic educational programs at the expense of budgetary allocations from the federal budget, budgets of constituent entities of the Russian Federation and local budgets within the limits of federal state educational standards, educational standards, organizations engaged in educational activities are provided with textbooks and teaching aids, as well as educational and methodological materials, teaching and educational tools, free of charge for the duration of education ".

Thus, the specified materials - textbooks, teaching aids, etc. - are provided free of charge for use, and not for ownership. And for the duration of training, and not forever. Thus, textbooks are issued from the library and must be returned. Workbooks are intended to be filled out - answers are written there - and they physically cannot be returned in the same condition in which they were taken. They are non-returnable and cannot be re-lent to anyone from the school's library collection. Accordingly, they cannot be provided for temporary use. Thus, according to Art. 35 of the Law, they cannot be issued free of charge by organizations engaged in educational activities. This is the logic of the judicial refusal.

I risk being very wrong, but it seems to me that the explanation in favor of “no, you don’t have to” can be turned out in the following way. In fact, all these workbooks are, as it were, optional, recommendatory, optional. That is, they are part of the educational and methodological complex, they come as an addition to the textbook, they are compiled by the same or partially the same authors, but, in my opinion (I don’t know for sure), it is not said anywhere that they must be used. That is, theoretically, you can do without them. And if you go around all the schools in some even not very large city, then you can, I think, find a couple or three where they do not use workbooks in, say, history or another subject. That's why the school doesn't issue them. Another thing is that in most schools they are more often needed than not needed for the educational process. This is at the discretion of the teacher. But the textbook is a must in any case. Even if your historian gives you lectures based on his own notes, or a mathematician also teaches lessons on other manuals and developments, the program, curriculum, and so on are still tailored to the textbook. And therefore they will definitely be issued.

Well, the lawyer has already explained everything - although not even from a legal, but from a logical everyday point of view, one could imagine the option when the same notebook, like a textbook, is passed on from generation to generation. But then, indeed, as in the case of a book, it is desirable that it retains its divine appearance, is not completely covered in writing, etc. And if with a textbook - well, let’s say, you can close your eyes if it is “not in good condition”, although you will agree that it’s still unpleasant, then with a notebook it’s different: the very essence and function of a workbook is most often writing, drilling (training ), performing exercises to practice the rule, and so on - and this is designed so that you learn the material precisely in the process of performing this exercise. So, if everything is done before you, then all meaning is lost. It would be possible, of course, to leave and hand over the workbook at the end of the year to the library blank and do everything in a regular notebook, but this would take a lot of time and extra paper :)