While the child is in school, all responsibility for his life and he alth lies with the teacher and principal. Their duties are spelled out in the Federal Law "On Education" and the Charter of the educational institution. As a rule, parents and teachers try to resolve emerging issues by calls or meetings at parent meetings. However, there are situations when you need to clearly know your rights and the rights of the child at school, be able to defend them and teach children this.
RIGHTS OF THE SCHOOL CHILD
Attorney Yulia Nikiforova tells how parents should behave if there is a conflict at school.
CHILD AT SCHOOL BECOMES BAD
The Law "On Education" in article 41, paragraph 1 very clearly states that it is the responsibility of the school to provide primary he alth care. And if the child becomes ill, then the teacher is obliged to immediately call a nurse or take the student to the treatment room. The child can be given water, treat the wound with iodine or brilliant green, give a sniff of ammonia. A nurse without a medical examination has no right to give a child any serious medicines. And if the student does not get better, the teacher is obliged to immediately call an ambulance and make sure that the student is taken to a medical facility. In this case, it is necessary that one of the representatives of the school accompany the child.
It is also the responsibility of the teacher to find out why the child became ill or to identify the culprit. And, of course, urgently notify parents about what happened by phone call. In such a situation, there are no excuses like “we didn’t get through”, “how can we send the child to the hospital without the knowledge of the parents”, because in the event of a deterioration in the child’s condition or death, all responsibility (up to criminal) will fall on the school principal.
The teacher must be attentive to students' complaints about he alth, not to let the child out of school if he becomes ill: there may be an internal injury, bruise, fracture, sprain. A complication may arise later, and the teacher will be guilty of ignoring the student's complaint.
Most often, injuries occur due to fights or in physical education classes. In the latter case, not even the teacher, but the school will have to answer: Article 1068 of the Civil Code of the Russian Federation states that the employer compensates for the harm caused by the employee in the performance of work duties. Therefore, in this case, it is the school that must reimburse the parents for the costs of treating the child. If the injury occurred as a result of a fight or aggressive behavior of one of the children, then again the teacher will be guilty, since he, as a representative of the school, is obliged to take all measures and prevent even the slightest harm to the he alth of students. According to Art. 1068 of the Civil Code of the Russian Federation, parents should make claims not to the teacher, but to the school.
Any trouble that happens at the school during the hours of the educational process falls on the shoulders of the leadership. And even if the guys took time off from the lessons and staged a brawl on the school grounds, the teacher and the director will be to blame, and the school will be financially responsible.
If the child's he alth or moral damage is harmed, parents can sue the school administration for compensation for physical and moral harm. But in this case, they will have to prove that there is no direct fault in the actions of their child. Specific culprits are found - demand compensation for harm. The scheme is simple: you need to contact the school and the education department. Hot line in Moscow
Ministry of Education and Science 8 (499) 553−0963. If the issue is not resolved peacefully, then it is necessary to go to court. You have all the facts of the harm caused, there are expenses caused by damage to the child's he alth. Paragraph 1 of Article 1085 of the Civil Code of the Russian Federation classifies as expenses caused by damage to he alth: expenses for treatment, additional food, purchase of medicines, prosthetics, outside care, sanatorium treatment, purchase of special vehicles, if it is established that the victim needs these types of assistance and care and is not en titled to receive them for free.
IMPORTANT! Some schools have a practice of using magnetic cards that students use to enter or leave the school. And if, let's say, a fight between students occurred even near the school porch, but the child has already left the school (as evidenced by a magnetic pass), teachers are not responsible. Carefully read the Charter of the educational institution!
CHILDREN HAVE POISED AT SCHOOL
Responsibility for what happens within the walls of the school lies with the principal and the teacher. All verbal abuse, harassment of the child by other students, damage to his things and similar violation of the rights of the student is the responsibility of the school. Recently, however, more and more often we hear complaints about insults in social networks, and this is already the responsibility of parents. Unfortunately, Russian legislation no longer has Article 130 of the Criminal Code “Insulting a person”, which could be resorted to if a child is insulted on social networks or photographed in unpleasant situations and sent to mutual friends. But no one canceled the measures of influence with the help of the school or through the parents. Be sure to explain the situation to the class teacher and ask them to take action. It would be useful to talk to the parents of such children and explain that you are ready to write a statement to the police, and the guys (even girls) will be registered, and this is a mark in the characteristic for further study and admission. Beliefs do not help - write a statement to the police.
Which agency to contact about violations of children's rights is detailed in the Federal Law of June 24, 1999 No. 120-FZ "On the basics of the system for the prevention of neglect and juvenile delinquency."
In cases where children, for example, using Photoshop, stick a girl's head to the body of a porn actress and post their "creativity" on social networks, which can lead the child to a nervous breakdown or suicide, remember that there is Article 128.1. Criminal Code of the Russian Federation "Slander". And here the law is very severe financially. Parents should definitely contact a notary and take screenshots of these “works”, certifying this public source through a notary. Then contact the police and demand criminal prosecution through the court.
CHILD OFFENSED BY TEACHER
A teacher has no right to insult a child. Neither verbally, nor even more so by action, for example, not letting him go to a holiday or reaching assault - this is indicated in the Federal Law "On Education". In such situations, immediately contact the school principal and the Hotline of the Ministry of Education and Science, including leaving a written application on the website of the Ministry of Education and Science (minobrnauki.rf / feedback / form). Gather reports from other parents of teacher misbehavior and request a replacement teacher. As long as the parents have not intervened in the situation, the child has every right not to listen to insults addressed to him, but in a polite manner to ask for permission to leave the class and turn to the director with a complaint. Not bad if the child records the insults on the recorder. Firstly, the parents will believe the child that the insults took place, and secondly, this record will be an essential argument in communicating with the school principal. The record does not need to be shown to the teacher, threatening reprisals, but you should definitely contact the director and demand either a reprimand for such a teacher, or his removal and replacement. Please note that neither video nor audio recording can be evidence in a civil court - a voice examination will be required.
Explain to the child his rights at school, but also point out that insults from the teacher cannot be answered in the same way, you must always be polite and correct.
STOP HAS OCCURRED
If there is a theft at the school, the teacher has no right to inspect the student, whom he may suspect. This is the prerogative of the police only. It is they who should be immediately called in for inspection and operational-search activities. The teacher can only ask to voluntarily demonstrate the contents of the bag or briefcase, or call the parents and ask them to do it in their presence, but the student has the right to ignore this request. After all, it may be that the stolen thing was thrown into the child's bag, so there should be no searches without the police and the parents of the minor.
Wishing to avoid such situations, teachers usually give parents advice that should be heeded: give your child simpler things, buy inexpensive phones, and, moreover, a child should not have jewelry at school. This is important to protect the rights of the student. Photo: fotoimedia.