Expulsion from school for truancy. The concept of "deduction"

No special innovations in the studies of Belarusian schoolchildren are expected in connection with the new document. And even the threat of expulsion threatens not all obstinate and negligent students. True, a whole section is allocated to the “disciplinary responsibility of students” in the Code.

So, you can get punishment for:

* being late or not showing up for lessons without a valid reason;

* violation of discipline;

* disobedience to the teacher;

* insulting a teacher or another student;

* dissemination of information that is harmful to the health of students;

* damage to the school building or equipment;

* non-observance of fire safety rules;

* drinking alcohol, using drugs on school grounds;

* smoking.

But the very punishment for such offenses can be in the form

* remarks

* reprimand

* deductions.

At the same time, for one offense, you can only be punished once. In this case, the student must give an explanation in writing within five days. And the punishment itself must be imposed no later than a month from the day the offense is discovered. But the student or his parents can appeal against the punishment decision and even go to court. If during the year the student does nothing else, the punishment is removed from him automatically.

FILLED IN THREE ITEMS - GO TO WORK

For a modern student, the most terrible measure will, of course, be expulsion from school. But it threatens in the most serious cases:

· Missing more than 30 days without a valid reason for the school year;

· Non-certification in three subjects;

· Repeated disciplinary misconduct during the school year.

But even if an eighth-grader is not shown in class for a whole month, he still cannot be expelled. After all, he, most likely, is not yet 16 years old and, most importantly, he has not received a basic education. But pupils of the senior grades (10th and 11th) should not shirk from their studies.

He does not want to study, let him go to work, - this is how Minister of Education Sergei Maskevich commented on the possibility of expulsion from high school for failures.

ANY RATING IS POSITIVE

But getting bad at a modern school is quite difficult. The Education Code has established the norm by which ALL grades are considered positive. Parents of today's schoolchildren, who were afraid of a bad grade, not to mention one, find it difficult to understand that with 1 point in a subject one can not only easily move from class to class, but also enter a university.

Today "bad" is 0 points. It is difficult to imagine how you need to learn to get such an assessment. It is written in the Code that a mark of 0 points is set “if the student does not have the results of educational activities in the educational process”.

At the same time, the kids who study in the 1st and 2nd grades are still not given marks in points.

Dismissal threatens those high school students who received 0 points in three subjects in a year. But if there are one or two such subjects, or a student of any class for a good reason for one or two subjects does not have an annual grade, he is in danger of working for the summer. And first, during the holidays, he will have to study with his teachers on a special schedule for three weeks. Then study the rest of the vacation on your own and hand over these subjects again at the end of August. Only in this case will the student be transferred to the next grade. The decision on this should be made before August 30.

HOW TO STAY FOR THE SECOND YEAR?

And it is quite possible to become a second year student who has not mastered a problematic subject over the summer or simply did not show up at the end of August for a re-examination.

But if a student misses the re-examination for a good reason, he will be transferred to the next grade conditionally. And during September he will still have to re-pass the certification. They will pass - they will be transferred to the next class no longer conditionally and will study with their classmates.

For the second year, the student who, due to illness or due to moving to another city, missed more than 45 school days, may remain, if his parents write an application about this.

WHAT IF SCHOOL IS BORING?

In the summer, it is not only negligent students who are waiting for a re-examination at textbooks. Children who learn the curriculum so quickly that they get bored in regular lessons can jump over the class. This is called early promotion in the Code.

To do this, parents submit an application to the school director by September 10. The director creates a special commission that decides how and when she will take exams from him in all subjects that will be studied in the class that the student is going to miss. For example, the parents of a fifth grader are convinced that he may well study already in the 7th grade. This means that over the summer, he independently or according to an individual curriculum studied all the subjects from the 6th grade and passed them in September. If he receives positive marks (from 1 to 10 points) by October 1, he is transferred to the 7th grade.

ANNUAL ASSESSMENT CAN BE CORRECTED

This right is also recorded in the Education Code. If the student or his parents are not satisfied with the grades in up to two subjects, they can be revised.

The student or his parents submit an application to the school principal, but no later than two days after the end of the school year. Within 10 days (and if these are grades for the 9th or 11th grade - within 5 days) a special commission conducts an exam.

If the mark given by the commission does not coincide with the one in the certificate or magazine, it will be taken into account. By the way, the Code does not say that this assessment should be higher than the one that is being protested. It turns out that such a re-examination can worsen the grade.

BTW

How do Belarusian schoolchildren study?

The result of 11 years of study is visible to the whole country every year. After all, more than 90 percent of school graduates undergo centralized testing. And the results of CT are a favorite topic for discussion, why more than half of graduates, for example, in mathematics, cannot score even 20 points.

But what makes up such results? Earlier this year, the Ministry of Education monitored the level of training. 60 secondary schools of the country participated in the monitoring.

In 4 grades children wrote written works on the Belarusian language, Russian language and mathematics.

In the 9th and 11th - in Belarusian, Russian languages, world history, mathematics, physics, chemistry and biology.

The level at which the pupils learn the material was determined: high (9-10 points), sufficient (7-8 points) and average (5-6 points).

4TH GRADE

In the Belarusian language, 22.9% showed a high level, 39.5% - sufficient, 22.7% average. At the same time, almost half of fourth-graders do not know where the short is written.

In the Russian language, a high level of 15.7%, sufficient - 37.5%, an average - 24.7%. A third of students make mistakes in the spelling of vowels after sibilants, prefixes and prepositions, endings of nouns.

In mathematics - a high level of 16.6%, sufficient - 39.8%, average - 25%. 47.4% of pupils made a mistake in solving problems.

CLASS 9

In the Belarusian language, most of the children who received 7 - 8 points - 37.1%. As before, one of the main problems for every third person is writing short.

In the Russian language, only 45.3% of ninth-graders received grades from 5 to 10 points. 60 percent makes mistakes in continuous and hyphenated spelling of adverbs, prepositions and particles.

59.8% of pupils passed mathematics for 5-10 points. The most difficult thing for them is geometric problems.

GRADE 11

The majority of pupils showed a sufficient level in the Belarusian language - 37.6%.

65% of students in the Russian language received grades from 5 to 10 points. At the same time, 65% of students do not know how to determine the main idea and topic of the text.

56.2% of eleventh graders in mathematics received grades from 5 to 10 points. But most often they made mistakes in tasks with finding the root and solving irrational inequalities.

It is curious that 55% of ninth-graders and 39.5% of eleventh-graders received 3-4 points in world history. In physics, 47.7% of ninth-graders received the same marks, and 10% of ninth-graders received 1 - 2 points in physics.

When can a student be dropped from school?

Early expulsion 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, if applied to a student who has reached the age of fifteen, deductions as a disciplinary measure
• If a violation of the procedure for admission to an educational organization is established, which, through the fault of the student, has resulted in his illegal enrollment in an educational organization

Under no circumstances can they be expelled from school:

students under the age of 15 or students with disabilities.

Dismissal is a parent's right

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

If a student has debts to the school, for example, to pay for services rendered, the school is not entitled to deduct for the debts, or refuse to deduct until they are paid off. Expulsion is a parent's right. The school can resolve debt collection issues in court.

When expulsion is applied as a disciplinary measure

Dismissal is one of the disciplinary measures. In accordance with clause 4, this penalty can be applied for non-compliance 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).

Deduction is a last resort and is used in exceptional cases.

When deciding on the expulsion of the school administration, it will have to prove that it applied all the necessary disciplinary measures, that the violations were repeated (there are comments and reprimands during the last year) and that the pedagogical measures of influence do not give a result.

In addition, it is necessary to take into account the opinion of the parents and obtain consent for expulsion from the Commission on Minors.

Dismissal as a disciplinary measure shall not be applied if the terms of the disciplinary measures previously applied to the student have expired and (or) the disciplinary measures have been removed in accordance with the established procedure.

They cannot be expelled suddenly for one offense. The repeated condition means that if in the last year a student has neither remarks nor reprimands, he cannot be expelled.

Student and parent's right to appeal

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

To do this, you need to contact Dispute Settlement Commissionbetween participants in educational relations, the decision of which is mandatoryfor all participants in educational relations and is subject to execution within the time frame provided for by the said decision.

Responsibility for violations of the right to education

If the school administration violates the requirements of the legislation established in relation to the expulsion of students, then 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 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 still expelled

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

The educational authority and the parents of the expelled student are obliged to place him at another school within a month so that he can receive a general education.

Can they be expelled from school for suspicion of alcohol, drug use?

The mere suspicion of a violation of the charter of the educational institution (the use of chewing tobacco can also be classified as a violation of the charter) cannot be a reason for excluding a student from school. To exclude, you must establishment of the fact of violation of the OS charter and confirmation of this fact, as a rule, by 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 prohibition on the use of alcohol and drugs on the school grounds is enshrined in the School Charter, House Rules or other local regulations, the student may be disciplined.

If the fact of using alcohol or drugs is proven, then in addition to the consequences of violating the local acts of the school, the student's parents will be brought to administrative responsibility. Thus, for the fact of being intoxicated by minors under 16 years of age, or drinking alcoholic products by them, or their consumption of narcotic drugs, the parents are fined from 1,500 to 2,000 rubles.

Can they be kicked out of school for smoking?

If the school has adopted a local smoking ban act, a student who smoked on school grounds may be disciplined.

Deduction is a last resort and is used in exceptional cases. When deciding on the expulsion of the school administration, it will have to prove that it applied all the necessary disciplinary measures, that the violations were repeated (there are comments and reprimands during the last year) and that the pedagogical measures of influence do not give a result.

Dismissal is allowed if the student's misconduct is such that his continued stay in school can 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 parents and the Commission on Minors.

In view of the above, in practice, exclusion from school for smoking looks unlikely.

Can you deduct for deuces?

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

A bad mark for a quarter, half a year, a year, and for the final certification in one and or several subjects is not a basis for expulsion from school.

Even if the school administration insists that you have to leave because you received a bad mark in a year, such a statement of the question is incorrect. Staying or moving to another school or another form of study is only your decision.

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

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

Can a student be expelled from school if they turn 18 during their studies?

Reaching the age of 18 cannot be a reason for exclusion from school.

Termination of educational relations

1. Educational relations are terminated in connection with the expulsion of the student from the organization carrying out educational activities:

1) in connection with the acquisition of education (completion of training);

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

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

1) at the initiative of the student or the parents (legal representatives) of the minor student, including in the case of the 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 case of applying to a student who has reached the age of fifteen years, deductions as a measure of disciplinary sanction, in the event of failure by the student of a professional educational program to fulfill obligations for the conscientious development of such an educational program and the implementation of the curriculum, as well as if a violation of the procedure for admission to an educational organization is established, which, through the fault of the student, has resulted in his illegal enrollment in an educational organization;

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

Date of publication:

saturday, January 18, 2014

Dismissal is the last resort a school can take.

Related materials:

Metropolitan law guarantees universal secondary complete (ie 11-year) education, the Federal Law "On Education" guarantees only basic general 9-year education. In accordance with these laws, there are very few legal grounds for the expulsion (exclusion) of a student from an educational institution.

When can a student be dropped from school?

Early expulsion from school is possible only on the grounds listed in Article 61 of the Law "On Education in the Russian Federation":

1. At the initiative of the student or his parents, for example, when transferring to another school.
2. At the initiative of the school, if applied to a student who has reached the age of fifteen, deductions as a disciplinary measure
3. If a violation of the procedure for admission to an educational organization is established, which, through the fault of the student, has resulted in his illegal enrollment in an educational organization
4. For circumstances beyond the control of the student or the parents (legal representatives) of the minor student and the organization carrying out educational activities, including in the event of the liquidation of the organization carrying out educational activities.

Under no circumstances can they be expelled from school

Students under the age of 15 and students with disabilities - the school (gymnasium, etc.) can apply any punishment to them, except for expulsion.

Students with mental retardation and various forms of mental retardation - disciplinary measures are not applied to them at all.

With restrictions

Since the law guarantees Russians a basic general 9-year education, in accordance with paragraph 9 of Article 43 "On Education in the Russian Federation", the decision to expel a minor student who has reached the age of fifteen and has not received basic general education, as a disciplinary measure, is taken taking into account his opinion parents (legal representatives) and with the consent of the commission for minors and the protection of their rights.

The decision to expel orphans and children left without parental care is taken with the consent of the commission for minors and the protection of their rights and the guardianship and guardianship body.

What can be the basis for expulsion?

Article 61 of the Federal Law "On Education in the Russian Federation" specifies that expulsion, as a measure of disciplinary sanction, is applied "in the event that a student in a professional educational program fails to fulfill his obligations for the conscientious development of such an educational program and the implementation of the curriculum. Also, in accordance with paragraph 4 of Article 43 of the above-mentioned Federal Law, this penalty may be applied for non-compliance 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.

At the same time, in accordance with paragraph 8 of Article 43, the expulsion of a minor student is applied if other measures of disciplinary sanctions and measures of pedagogical influence have not yielded a result and his further stay in an organization carrying out educational activities has a negative impact on other students, violates their rights and the rights of employees an organization carrying out educational activities, as well as the normal functioning of an organization carrying out educational activities.

1. Malicious school evasion (i.e. systematic truancy or non-school attendance at all).
2. Repeated - more than once - gross violation of school regulations (i.e. not just bad behavior).
3. Failure, i.e. regular leave for the second year until the teenager has mastered the basic general education program (graduated from the 9th grade), or until he turns 18, provided that he never completed the 9th grade. Criteria for cases where pupils in grades 10-11 constantly fail to perform in subjects should be defined in the charter of the educational institution.
4. The student negatively affects other students, violates their rights, rights and other school workers, interferes with the normal work of the school (the use and distribution of alcohol and drugs, the use of physical and mental violence, disruption of lessons, etc.).

In paid educational institutions, a child may be expelled due to the difficult financial situation of his parents, i.e. due to their failure to pay tuition fees.

The charter of an educational institution must indicate the reasons, procedure and grounds for expelling a student.

At the same time, first, educational work should be carried out with the "violator", and only if these measures did not work, the child can be expelled. If the student rudely and repeatedly violated the school charter, but then realized his guilt and corrected himself, expulsion is unacceptable.

They cannot be expelled suddenly for one offense. The repeated condition means that if in the last year a student has neither remarks nor reprimands, he cannot be expelled.

Are not grounds for exclusion:

• conditional conviction or suspension of execution of the sentence;
• early pregnancy of a student;
• petty hooliganism;
• unacceptable, in the opinion of teachers, the appearance of a student or schoolgirl (ie, “war paint” makeup or hair dyed in all colors of the rainbow, etc.) - unless it is expressly prohibited by the school charter.

Deduction procedure

In the case when the child has already approached the line and there is a question of his exclusion, the dysfunctional child will not be expelled right away. To begin with, the school must work with the student (the school administration must provide evidence that such work was carried out, but did not bring positive results) and his parents, discuss his behavior at the teachers' council, at the school council, invite him to the commission on juvenile affairs at the councils district of the city.

If, after the measures taken to educate the student and attempts to smooth out the situation, the child continues to do something that is the basis for expulsion, the school council (or another, but necessarily the highest governing body of the educational institution, headed by the director) should convene (see Article 26 of the Federal Law "On education in the Russian Federation"), which will be asked to expel the bully.

Of course, the student's parents (legal representatives) should be invited to discuss the issue of expulsion.

When deciding on the expulsion of the school administration, it will have to prove that it applied all the necessary disciplinary measures, that the violations were repeated (there are comments and reprimands during the last year) and that the pedagogical measures of influence do not give a result.

In the “soft” version, the parents may simply be asked to write an application for transferring the “difficult” teenager to another school. However, if there are no real grounds for expulsion, such an offer is illegal (due to the fact that educational measures were not taken).

After the student has left the student, the educational organization is immediately obliged to inform the local self-government body that administers the education sector, which, together with the parents (legal representatives) of the expelled teenager, is obliged to take measures to ensure that minors receive further education no later than within a month.

Parents (legal representatives) of a student can appeal any decision of the school to the District Education Department and the Moscow City Education Department.

In the event of an unlawful exclusion, parents can apply in writing or orally to the district education department, or to the city inspectorate under the Education Department, or directly to the Moscow City Education Department, or write a statement to the prosecutor's office.

If not everything is smooth ...

Do teachers threaten to expel a child from school? Find out why: Talk to teachers, the principal and the child. Read the school charter.

If the child is suspended from school, in writing and with reasons, contact the school principal with the appropriate question and demand a written justification for the non-admission. In case of unjustified suspension from classes, write a statement to the guardianship authorities, the prosecutor's office, the Department of Education ... study!

Good afternoon, dear parents! Agree, children are all completely different. And in the transitional youth and adolescence - this is generally an explosive mixture. Our pupils at home suddenly begin to conflict, many rebel and "hamper" in their studies.

Sometimes parents and teachers together cannot cope, so negligent students pull down the whole class. Some mothers and fathers periodically hear in their address from those who want to throw off the unnecessary burden from their pedagogical shoulders: “Let's exclude your child from school!”, Caring for the prestige of the school.

Do teachers have the right to show at the school door and for what can they be expelled from school? Today the material is “both ours and yours”, since on the one hand it can be both the last effective way against “negative elements” when nothing helps, and at the same time as a measure of opposition for parents when they exceed the teacher's authority.

Lesson plan:

We are not happy with you, get out!

How often do we encounter the fact that teachers, in the race for success, strongly "ask" the parents of careless students to change schools. And at the same time, they demandingly explain with a smile that, according to the law on education, they have every right to do so, deliberately without specifying under what conditions and for what reasons this can be implemented. Naive law-abiding parents, in order to avoid shame and publicity, go to the transfer of the child. Is it necessary?

The free basic general education guaranteed to our children, which is compulsory from grades 1 to 9, creates a kind of shield that does not allow a student to be expelled just like that until he has crossed this mandatory threshold and is still in grade 9. As a rule, without taking into account the repeaters, all children will turn 15 when they move to 10th grade.

That is why the Russian legislator has established this age limit, to which it is impossible to deduct.

The latest legislative innovations regarding registration at the place of residence to a specific educational institution is also not a reason to end all educational relationships at the initiative of the school administration in connection with the family's relocation. If a student is in grade 1 in this particular school, then he will study here, until the parents themselves decide that he will be better in another.

These are our rights as parents. The fate of teachers, no matter how much they want to put us out the door, is to endure and teach further. But what should teachers do when the impunity of pupils calls into question the safe stay of everyone else within the walls of the school? On this, the law on education has its own norms, which not only give the right to study, but also stipulate how to study, that is, they establish obligations too.

You have the right when you perform duties

The main responsibilities of schoolchildren, including to study in good faith, attend all school classes, follow the rules of the school charter, respect others and protect school property, are enshrined in the Federal Law "On Education", or more precisely, in its 43rd article.

But how can one demand the fulfillment of duties if responsibility for their failure to fulfill them is not established ?! Therefore, the same article contains norms on bringing negligent students and their parents to disciplinary measures.

We will not rewrite the "letter of the law", but in simple words we will combine boring theses into easy-to-understand rules. So, if your or your neighbor's young offspring, who is already in grade 5 (and it is worth noting that for younger children of elementary school, penalties are prohibited in principle) decided to quarrel with the school team, neglecting the school charter, what can he expect?

Repeated, and this means more than once, violation of discipline may, at the discretion of the school management, end in a remark or reprimand. This is the end of the measures for those under 15. This procedure is established by the Order of the Ministry of Education and Science of 2013.

What can be the reason for punishment? Here the educational institution is free in its actions. The school charter adopted by the teaching staff together with the parent committee can punish for any misconduct: for omissions and systematic delays, for unworthy behavior, even for refusing to go to.

But if the disobedient student has already passed the above age limit, then parents should worry. It is from the age of 15 after all the previous measures were taken, but they did not appeal to the student's conscience and did not set them on the right path, that teachers can think about expulsion.

The director in one person cannot make such a cardinal decision. As a rule, the teachers' council of the school meets for this, and if at the age of 15 the child has not yet received a certificate of education, then a “sentence” is made, taking into account the opinion of the parents.

Are there any exceptions to the rule?

Legislators are very careful in the application of punishment to minors, and the case of expulsion from school is no exception.

In addition, exclusion from school can only be done when the student really poses a danger to others, exerting a negative influence on them.

Otherwise, parents can prove the opposite and reinstate the child as a student. After all, after all, this is an extreme measure applied only to the difficult to educate.

And even if this happened, this does not mean at all that the child remains on the street. Expelled from school, he becomes the object of attention of the local education authorities in order to provide him with further education or to find a job.

I really want your family not to have to face such a problem either personally or indirectly to take part in such procedures in relation to others. And the more often we think not only about our rights, but also about our existing obligations, the less often we will have to look for the letters of the law in order to correct the current situation.

That's it for today! I would like to hear your opinions, friends, or life stories on this topic. I'm waiting for your comments.

I am also waiting for you among my subscribers, who always receive the schedule for publishing articles for the next week and never miss anything important)

I wish you a problem-free study!

Yours, Evgeniya Klimkovich!

My son (grade 11) was expelled in the middle of the year from grade 11, due to the large number of passes in grade 10-11. We understand that we will not be allowed to continue our studies at this school. What are the chances of getting an external degree in the middle of the year and how to continue further education?

Answer

According to article 43 of the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation", the school may expel a minor student who has reached the age of fifteen for repeated committing disciplinary offenses. Dismissal is usually applied if other disciplinary measures and measures of pedagogical influence do not give results and the further stay of this student at school has a negative impact on other students, violates their rights and the rights of school employees.

The decision to expel your son should have been based on your opinion and with the consent of the Commission on Minors and Their Rights.

According to clause 10 of Article 43 of the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation", the school must immediately inform the local government body in charge of education about the expulsion. This body and you, no later than one month, must take steps to ensure that your son receives a general education.

You or your son have the right to appeal the disciplinary measures and their application to the commission for the settlement of disputes between participants in educational relations.

That is, within a month the issue of further education of your son should be resolved.