How they are left for the second year, and whether they can be kicked out of school. Not a student - a thorn

In what cases can a student be expelled from school?

Early dismissal from school is possible only on the grounds listed in:

• At the initiative of the student or his parents, for example when transferring to another school.
• At the initiative of the school, in the event of expulsion as a disciplinary measure against a student who has reached the age of fifteen years
• In the event of a violation of the procedure for admission to an educational organization, which resulted, through the fault of the student, in his illegal enrollment in the educational organization

Under no circumstances may the following be expelled from school:

students under 15 years of age or students with disabilities.

Expulsion is a parent's right

Parents and students have the right to decide on early dismissal from school at any time, based on their interests. The decision to expel can only be voluntary. No one has the right to force you or impose conditions for expulsion. Early termination of educational relations does not entail obligations to the school. If a student received additional paid educational services, he has the right to terminate the contract early due to expulsion. The school does not have the right to include in the contract provisions on penalties for early termination.

If a student has debts to the school, for example, to pay for services rendered, the school does not have the right to deduct for the debts or refuse to deduct until they are repaid. Expulsion is the right of parents. The school can resolve debt collection issues in court.

When is expulsion used as a disciplinary measure?

Expulsion is one of the disciplinary measures. In accordance with clause 4, this penalty can be applied for failure to comply with or violation of the charter of an organization carrying out educational activities, internal regulations and other local regulations on the organization and implementation of educational activities (see the charter on the school website).

Expulsion is a last resort measure that is used in exceptional cases.

When making a decision on expulsion, the school administration will have to prove that it took all necessary disciplinary measures, that the violations were repeated (there were comments and reprimands during the last year) and that pedagogical measures did not produce results.

In addition, you need to take into account the opinion of the parents and obtain consent to expulsion from the commission for minors.

Expulsion as a disciplinary measure is not applied if the terms of the disciplinary measures previously applied to the student have expired and (or) the disciplinary measures are lifted in the prescribed manner.

They can’t suddenly expel you for one offense. The condition of repetition means that if a student has had no comments or reprimands over the last year, he cannot be expelled.

Student and parent right to appeal

The student and parents (legal representatives) of a minor student have the right to appeal disciplinary measures and their application to the student.

To do this you need to contact Dispute Settlement Commission between participants in educational relations, the decision of which is binding for all participants in educational relations and is subject to execution within the time limits provided for by the specified decision.

Responsibility for violations of the right to education

If the school administration violates the legal requirements established regarding the expulsion of students, it faces administrative liability in the form of a fine.

Part 1 of Article 5.57 of the Code of Administrative Offenses of the Russian Federation for violation of the right to education and the rights and freedoms of students in educational organizations provided for by the legislation on education establishes a fine:

• in the amount of 30 thousand to 50 thousand rubles. for officials;
• from 100 thousand to 200 thousand rubles. for educational organizations.

If the student is nevertheless expelled

In this case, the school is obliged to immediately inform the educational authority about the expulsion of a minor student as a disciplinary measure.

The governing body in the field of education and the parents of the expelled student are obliged to place him in another school within a month so that he can receive a general education.

Can they be expelled from school for suspected use of alcohol or drugs?

The mere suspicion of violating the charter of the educational institution (the use of chewing tobacco may also be included among the violations of the charter) cannot be grounds for expelling a student from school. To exclude it is necessary establishing the fact of violation of the charter of the educational institution and confirming this fact, as a rule, with written documents. To do this, it is necessary to conduct a medical examination, but conducting a medical examination without the knowledge of the parents, without informed voluntary consent expressed in writing, is a violation of the requirements of the Law, including the right to refuse medical intervention.

If the ban on the use of alcohol and drugs on school premises is enshrined in the school's Charter, Internal Regulations or other local regulations, the student may be subject to disciplinary action.

If the fact of alcohol or drug use is proven, then in addition to the consequences of violating local school regulations, the student’s parents will be held administratively liable. Thus, for the fact that minors under 16 years of age are intoxicated, or they drink alcoholic beverages, or they use drugs, the parents will be fined in the amount of 1,500 to 2,000 rubles.

Can they be kicked out of school for smoking?

If a school has adopted a local smoking ban, a student who smokes on school grounds may be subject to disciplinary action.

Expulsion is a last resort measure that is used in exceptional cases. When making a decision on expulsion, the school administration will have to prove that it took all necessary disciplinary measures, that the violations were repeated (there were comments and reprimands during the last year) and that pedagogical measures did not produce results.

Expulsion is permitted if the student’s misconduct is such that his continued presence in the school could be regarded as having a negative impact on other students, if it violates the rights of students and school employees, as well as the normal functioning of the school.

In addition, you need to obtain consent for expulsion from the parents and the commission for minors.

Taking into account the above, in practice, expulsion from school for smoking seems unlikely.

Can they be expelled for failing grades?

The legislation does not contain grounds for expulsion from a general education institution due to unsatisfactory certification (final, intermediate) at any stage of mastering the general education program.

A bad grade for a quarter, half a year, a year, or for a final assessment in one or more subjects is not grounds for expulsion from school.

Even if the school administration insists that you should leave because you got a bad grade for the year, this way of asking the question is incorrect. Staying or moving to another school, or to another form of education is only your decision.

If this happens, you have the right to appeal this decision of the educational institution to the educational authority or the prosecutor's office. As a last resort, go to court.

Read about how to act in case of academic debt in the materials

Can a student be expelled from school if he turns 18 during his studies?

Reaching 18 years of age cannot be grounds for exclusion from school.

Termination of educational relations

1. Educational relations are terminated due to the student’s expulsion from the organization carrying out educational activities:

1) in connection with obtaining education (completion of training);

2) ahead of schedule on the grounds established by part 2 of this article.

2. Educational relationships may be terminated early in the following cases:

1) at the initiative of the student or parents (legal representatives) of a minor student, including in the case of transfer of the student to continue mastering the educational program to another organization carrying out educational activities;

2) on the initiative of an organization carrying out educational activities, in the event of expulsion as a disciplinary measure applied to a student who has reached the age of fifteen years, in the event of failure by a student in a professional educational program to fulfill his obligations to conscientiously master such an educational program and implement the curriculum, as well as in the event of a violation of the procedure for admission to an educational organization, which resulted, through the fault of the student, in his illegal enrollment in the educational organization;

3) due to circumstances beyond the control of the student or parents (legal representatives) of a minor student and the organization carrying out educational activities, including in the event of liquidation of the organization carrying out educational activities.

Publication date:

Saturday, January 18, 2014

The Tretyakov Gallery has made changes to its visiting rules, allowing art lovers to better enjoy the museum's ambience. By the beginning of the new exhibition and academic year, the museum’s management, relying on the experience of foreign colleagues, introduced a visiting plan for independent groups. The gallery provides three scenarios for groups: professional, educational and self-guided.

Professional groups are the museum’s own guides and employees of partner travel agencies, the latter now, through their personal account, together with employees, develop and adjust the visit plan. Study groups for students of secondary and higher educational institutions. Visiting study groups was made free, and thanks to a preliminary application, the group is built in such a way that it does not overlap with other excursionists.

“Over the past three years, attendance at the Tretyakov Gallery has increased significantly - by a million people per year, if before the gallery was visited by a million, 200-300 million people, then, starting in 2016, attendance exceeded 2 million per year, the record was 2 million 600 thousand Human. This, of course, is a completely different challenge for the museum, a different load for the halls. A different mode of stay, primarily for groups,” says Deputy General Director of the Tretyakov Gallery for Development Tatiana Mrdulyash.

For independent groups consisting of friends or relatives, they are also asked to leave a request if the number of people is 5 or more. A section “independent group visits” has appeared on the gallery’s website, where museum staff will try to adjust your visit as conveniently as possible for you, other excursionists and other visitors.

“We hope that these groups will also be understanding if we ask them to come earlier or later, so as not to create a situation where there are two or three groups in one room,” Tatiana Mrdulyash comments on the situation.

Another museum employee also adds information to what is already available.- Marina Elsesser, Deputy General Director of the Tretyakov Gallery for educational and publishing activities:

“The museum’s task is to balance the interests and needs of all our visitors, so that everyone is as convenient and comfortable as possible. We have a significant increase in work, we published these rules back in the summer, we developed and published rules for teachers (study groups are free upon application), we developed an application form, and now we are receiving these applications, they need to be processed and built into the grid.”

At the end of the school year and in connection with the admissions campaign to the 1st grade, parental interest related to various school issues traditionally intensifies. We bring to your attention the answers to the most frequent and acute ones that were received at the Internet reception for parents, teachers and schoolchildren (www.usperm.ru) of the Perm public organization “Civic Participation”.

Can a child who received two bad marks at the end of the year be kicked out of school?

They cannot simply kick you out of school; in case of poor performance in subjects, they may offer a different form of education, since general education in accordance with clause 3 of Art. 19 of the Law “On Education” is mandatory.

There are only two grounds for expulsion from school, but a child after 15 years of age:

Based on your own application, with the consent of the commission on minors’ affairs and the education authority - in this case, the child must be employed by the commission on minors’ affairs, and he should be given the opportunity to continue receiving education in another form of education (in an evening school, for example);

In case of repeated gross violation by a student of the School Charter with the following reservations: “ Expulsion of a student from an educational institution is applied if educational measures have not produced results, and the student’s continued stay in the educational institution has a negative impact on other students, violates their rights and the rights of employees of the educational institution, as well as the normal functioning of the educational institution. The decision to expel a student who has not received general education is made taking into account the opinion of his parents (legal representatives) and with the consent of the commission for minors’ affairs and the protection of their rights."(Clause 7, Article 19 of the Law “On Education”)

If failures are given in two or more subjects, then in accordance with paragraph 4 of Article 17 of the Law “On Education”

Students up to grade 9 can be left in the 2nd year, transferred to family education, external studies, or to a compensatory education class at the parents' choice;

A student in grades 10-11 who receives two or more bad marks must be transferred to another form of education, including continuing his education as an external student.

Can they leave for the 2nd year without parental consent?

In case of receiving two or more bad marks at the end of the year for students up to 9th grade, the law provides only three possible options:

retention for the second year,

transfer to a compensatory training class with a smaller number of students per teacher,

transfer to receive education in another form.

It is the parents who decide which of these options to choose.

However, in fact, the choice will depend on the capabilities of the educational institution. So, the school may simply not have a compensatory education class. Compensatory education classes are created subject to the availability of the necessary teaching staff for children experiencing difficulties in mastering general education programs in order to create upbringing and learning conditions adequate to the characteristics of these children. As a rule, these classes are created at the stage of primary general education.

As for transferring to receive education in a different form, for the level of basic education - up to grade 9 - such forms can be forms of family education and external studies. The procedure for obtaining an external education is regulated by local regulations of the school. The school may not provide education within the family or externally.

In practice, in such cases, the administration of educational institutions offers to transfer to another school, where it is possible to receive a family education and take subjects externally.

Do they have the right to not be promoted to 8th grade for one bad grade at the end of the year and left for the second year?

No, they don't. In accordance with paragraph 4 of Art. 17 of the Law of the Russian Federation “On Education”, students at the levels of primary general, basic general and secondary (complete) general education who have academic debt in one subject at the end of the academic year are conditionally transferred to the next class. Students are obliged to liquidate academic debt during the next academic year; educational institutions are obliged to create conditions for students to liquidate this debt and ensure control over the timeliness of its liquidation.

Can a student be conditionally promoted to the next grade if he receives two bad marks at the end of the year?

Conditional transfer is possible only in one case: when receiving one deuce. It is conditionally impossible to transfer to the next class with a large number of two grades.

My daughter is finishing 9th grade, and at the school teachers' council she was informed that she would be transferred to 10th grade on a competitive basis. Is this legal?

In accordance with paragraph 3 of Art. 5 of the Law of the Russian Federation “On Education” the state guarantees to citizens the general availability and free of charge of preschool, primary general, basic general, secondary (complete) general education in state and municipal educational institutions within the limits of federal state educational standards, federal state requirements, if the citizen receives an education of this level first.

Thus, the announcement of a competition for admission to the level of secondary general education by an educational institution is illegal.

To enroll, you as a parent only need to confirm your intention to continue your child’s education in an educational institution in grades 10-11. In case of refusal of admission, you should appeal the actions of the educational institution either to the founder, or to the prosecutor's office, or to the court.

I was expelled from evening school because I might not pass the Unified State Exam. Is it possible to transfer to another evening school to take the Unified State Exam there?

In accordance with the law, graduates with final school grades in all general education subjects for grades 10, 11 (12) not lower than satisfactory are allowed to take the Unified State Examination. The decision on admission is made by the pedagogical council of the educational institution, formalizing it with the appropriate order no later than May 25 of the current year.

If a student has satisfactory grades at the end of the academic year, no one has the right to deprive him of the right to take the Unified State Exam. The decision of the teaching staff regarding non-admission to the Unified State Exam can be appealed by contacting the regional department of Rosobrnadzor.

Transferring to another evening school will not affect your status in any way - if you have bad marks at the end of the year, you will not be allowed to take the Unified State Exam until you correct them (you can take the Unified State Exam next year). If there are no bad marks, then you should be admitted to the school where you study.

My grandson is in 11th grade and got a bad mark on the Unified State Exam. The class teacher suggested writing an application for transfer to evening school, we agreed to this. But then we were told that for this he would definitely need to get an official job. But in our area this is unrealistic. Does the school administration really have the right not to accept a grandson into evening school if he does not work?

The legislation does not contain such a requirement. Most likely, the administration of the educational institution is trying to carry out a “hidden” expulsion from the educational institution, so as not to spoil the results on the Unified State Exam. Since only in case of expulsion of a student on your initiative, mandatory employment of the student is required.

Clause 6 Art. 19 of the Law of the Russian Federation “On Education”: “The Commission on Minors’ Affairs and the Protection of Their Rights, together with the parents of a minor who left a general education institution before receiving basic general education, and the local government body, within a month, takes measures to ensure the employment of this minor and his continuation of mastering the educational program of basic general education in another form of education ».

In accordance with paragraph 4.Article 17 of the Law of the Russian Federation “On Education”, students of the 10th and 11th grades who have academic debt in two or more subjects or who have been conditionally transferred to the next grade and have not eliminated academic debt in one subject continue receive education in other forms. As a rule, we are talking about evening school.

In fact, this means that if you write an application for transfer to an evening school yourself, then you will be able to study at an evening school while simultaneously finding a job. But if your grandson receives bad marks in two or more subjects, then he should be given the opportunity to continue his education in another form, including in evening school.

The child missed many lessons due to illness. Is it possible to leave a child for repeated studies in 1st grade with the voluntary consent of his parents?

The procedure for exercising the right of parents to leave their child for repeated education is not provided for by law. Clause 4 of Art. 17 of the Law of the Russian Federation “On Education” establishes only the conditions for the implementation of this opportunity on the part of the educational institution when a student receives bad marks at the end of the year. In practice, parents can submit an application to retain their child for re-education, which should be considered by the teachers' council. If the teaching council finds the application justified, it may decide to retain the child for re-education. Of course, absences due to illness, as a rule, are such a reason. It is better to raise the question of a child’s failure in at least one of the subjects of the curriculum due to illness.

Does a teacher or social worker have the right to ask personal questions to an 11-year-old child? For example: “Do your parents sleep together?” “Do they pay taxes?” “Who does your younger brother stay with if your mother brings you to the exam?” and so on.

Such actions of a social worker or teacher can be regarded as a gross violation of privacy and personal and family secrets. The right to privacy and personal secrets is enshrined in the Constitution (Article 23) and the Civil Code (Article 150). According to the Constitution, “the collection, storage, use and dissemination of information about the private life of a person without his consent is not permitted.” The same is said in the Law “On Personal Data”.

A social worker or teacher, in accordance with his job description, as a rule, has the right to conduct sociological surveys and diagnostic examinations of children’s living conditions. Restrictions on the right to privacy are possible only in cases specified in federal laws. When working in a school, a social teacher must comply with the requirements of the Law “On Education”. The Law “On Education” does not provide for any special restrictions on the right to privacy and powers allowing interference in personal life. On the contrary, the law indicates the need to respect the rights of students and the responsibility of an educational institution for violating their rights and freedoms.

Official and departmental instructions cannot contradict the Constitution. Therefore, the practice of collecting information about private life carried out by a social teacher must be brought into compliance with the law: the collection of any information about personal and family life must be carried out exclusively with the written consent of the minor’s parents. The obligation to obtain such written consent indicating exactly what information is being collected is also provided for by the law on personal data.

You can send a complaint to the principal demanding that the illegal practice at your school be stopped, or you can send a complaint to Roskomnadzor, which monitors the practice of collecting information about individuals that violates the requirements of the Personal Data Law. You can also send a complaint to the prosecutor's office and demand that the school be held administratively liable (Article 13.11 of the Administrative Code, fine from 5 to 10 thousand rubles).

Olga Kocheva, Sergey Maximov

I am glad to see all readers of the blog about school and beyond again. Hello!

It's good when our children are doing well. But this doesn’t always happen, unfortunately. You look in the school diary, and beautiful red “swans” have settled there, and in such numbers that you can go to an exhibition! At home - screams and children's promises to fix everything, at the parent meeting - teachers' threats to expel them from school for getting bad marks as inappropriate for the status of the educational institution. There are a lot of bad thoughts in your head, which, like annoying flies, paint a completely bleak prospect.

In such cases, many parents of negligent students are seriously worried about whether they can be expelled from school for poor performance and, if so, how much such poor performance will be enough to end up outside the doors without a matriculation certificate.

Lesson plan:

When do they leave school?

Yes, it’s a fact that not everyone can be an excellent student. Well, it’s okay, the world doesn’t collapse because of this. Now we are not calling you out on the red carpet, but trying to help. Is there a chance for such students, who are unfavorable for the administration of the institution, to stay at school and try to establish relationships with school disciplines?

We have already discussed what types there are. There are not only bad deeds, there are also good intentions, just leaving the city is also a case of expulsion.

In this list of reasons for signing the order by the director, there was also a place for the termination of all relationships with the school, as a disciplinary measure, when all the “pleases” from the teachers towards the disobedient student had been tried, the only one left was. But all of the above in the Law “On Education” is in no way connected with the failing grades a child receives.

When is there a real danger of calling parents on the carpet to the director with an ambiguous hint to find another institution, and what is the reason for the administration to clean up the performance statistics and maintain school authority?

Deuces in elementary school

Let us immediately note that students in 1st grade, 2nd grade and the two subsequent levels of primary school cannot be punished in principle. According to the Law “On Education”, the application of any disciplinary measures to them is prohibited. They cannot be reprimanded or reprimanded, let alone expelled.

What then threatens an underperforming elementary school student who has received a fair number of unsatisfactory grades in the final periods? And he has the chance to go through the curriculum again and in an amicable way, remaining in the same class for the second year.

Another solution for teachers is to hint to parents that their child is “not quite suitable” for their educational institution, so there may be meetings and persuasion to find something “within their strength.” The decision to stay “in spite of the whole planet” is yours.

Deuces in secondary school up to 15 years of age

Students who enter secondary school in the 5th grade are subject to the close supervision of teachers, as they may already be subject to disciplinary punishment. However, among the reasons for taking reprimand measures on the part of the school administration, there is still no way to expel them until they turn 15. A reprimand, a reprimand - please.

Those who have not mastered the curriculum are simply not allowed to move to the next level of education, and they will sit at their desks for the second or third year, and so on, until they turn eighteen. It is this age that is defined in the law as the limit up to which teachers will drag a student “by the ears”, giving compulsory education provided by the state, but only basic education, that is, up to 9th grade inclusive.

However, if you turn 18 even before finishing 9th grade, you are welcome to leave with a certificate. But this is the letter of the law. In fact, in practice you are unlikely to meet a fifteen-year-old student who has spent too much time in the 2nd, 5th or 7th grade. Teachers would rather give him stretched C grades, so that “out of sight, out of mind.”

What after, when you turn 15

Interestingly, after reaching the 15-year mark, which is an opportunity for teachers to show notorious hooligans the door, just existing poor performance is also not a reason to say goodbye, even if you are in the 8th grade or already in the 9th grade, whoever turns 15 in which year.

Violation of the school charter and internal regulations, local regulations of the school is a reason to call parents and raise the issue of expulsion, but bad grades are not.

Here's some good legislative news for you. Today, the adopted law “On Education” is not ready to exclude even those students who master not only basic general education, but also continue to receive secondary general education, either in the middle of the year or at the end of it.

Therefore, if your child, while studying in the 10th grade, suddenly has academic debts (as intermediate grades are called), the maximum that the school administration can do is to give him the opportunity to eliminate these debts; if the result is unsatisfactory, leave him for a second year or let him try study according to adapted educational programs or an individual plan, which cannot be provided in all schools.

Let me note right away: only you and your child can choose what to do next; the school administration will be obliged to accept your choice. In the absence of alternatives among the methods of study, the only option is the second year. Well, or you can also go home from unfinished 10th and 11th grades with a certificate of basic general education on your own initiative, if you are not ready to test the patience of teachers any longer.

Let's sum it up

Today we answered all questions about the possibility of expulsion from school only for poor academic performance: “No!” Therefore, when teachers shake their fingers at you and demand that you change schools “better on your own, rather than through loud expulsion for failing grades,” you can only answer with a smile what you think. Indeed, think about it, maybe it’s worth changing the educational institution if the school curriculum is not working for your child?

But as practice shows, notorious losers are often notorious hooligans. The school administration carefully monitors such students, because they “spoil the picture” for them, looking for any reason when a child makes a mistake in order to take expulsion from school as a basis.

So, having bad marks coupled with repeated violations of the rules established by the school, you can quite count on getting out. Therefore, it is probably worth explaining to the careless student that every mistake he makes plus his “swans” is a step towards expulsion.

Well, those parents whose children were “turned out the door” for poor academic performance in the absence of other reasons, can contact the local department of education with a demand to reinstate the child as a student. Only, most likely, after recovery he will have to become “quieter than water, lower than the grass” - teachers do not like it when they are “put in their place.”

I hope that I was able to dispel the myths about expulsion for failing grades, but this is not a reason to study poorly!

And he strives to help learn better our VKontakte group, there you will find a lot of useful information, many different memos, useful literature and good advice. Join us)

Until new fruitful meetings!

Marina, Alina's mother (7 years old):

I always thought that boys were usually the bullies in class. But apparently times are changing. In our first grade, no one gives rest to the girl. Neither the teacher nor the after-school teacher can cope with her, which she daily brings to a pre-infarction state. The children arrive beaten - either a bruise on their shin or a bruise on their arm. The girl is very aggressive and uncontrollable.

She can just come up and start hitting someone, hitting them on the back, in the face, not to mention taking away a toy, tearing up a notebook or book - this is completely in the order of things. The whole class is in fear. Including parents. Nobody knows what to expect from her in the next minute.

There is nothing to even think about expulsion from primary school - this is not allowed by our humane educational system.

It’s also impossible to send her to a psychologist, because this requires the consent of the parents, but they don’t give it - they think that they have a wonderful child and everyone is just picking on her.

Neither the head teacher nor the director achieved anything. Parents are panicking. Everyone understands perfectly well that it can hurt someone or even worse. Not to mention the fact that the quality of the educational process in such an environment sharply decreases.

It turns out that until a tragedy occurs, the threat cannot be removed. Absurd? A harsh reality that we have been struggling with for several months now.

Photo source: guilhermemiller.com.br

Universal education actually becomes a guarantee of immunity...

The problem is much broader than a single story.

Sooner or later, parents will still storm the director’s office, cut off the hotline with complaints and force management to take extreme measures. But even in this case it will be rather an exception to the rule.

If we talk about a decent gymnasium, then the parents of an uncontrollable child may be forced to take their child to the registered school.

What to do if the “terrorist” is assigned to this school for all 11 years? Universal education actually becomes a guarantee of immunity. He must be educated, he must be taught something, even against his wishes. And how many other children and teachers will suffer (mentally and even physically) is of no interest to anyone.

Photo source: yazikalir.com

Normal children become hostage to problem ones. Not to mention the teacher, who must endure rudeness right up to the graduating class and does not even have the right to kick the child out of the lesson, because he “will hang out in God knows where,” while during the lesson the teacher is responsible for his life and health. And it turns out that the “life and health” of the bully is more important than the life and health of the teacher or classmates.

This is the other side of universal basic education – not “for”, but “in spite of”.

Do you think it is possible to expel children in primary school due to bad behavior?