Why can a student be expelled from school? And can they? The grounds and procedure for expelling a child from school - for which they can really be expelled, and how to protect the rights

Can a child be kicked out of school?

Can not. In connection with widespread measures to combat neglect, it is impossible in principle to expel a student up to 15 years old from school. and for older students, an exclusion procedure is provided with a juvenile inspection notice. Scare you. But, in order not to complicate the life of your child at school, have a conversation with him :))) And do not conflict with the teacher ... sorry, ask for advice ... a fault confessed is half redressed! This is like good advice ... ambitious parents only harm their children ...
In order to expel a child from school, serious reasons are needed (a criminal record or registration in the children's room of the police, systematic violation of discipline or non-attendance), but as far as I understand, your child is far from this. Before expelling or transferring to another school, teachers must create a commission of the school principal, head teacher, and representatives of children. com police and a bunch of people where they must prove that expulsion or transfer is necessary for the peace of the school, and that this will benefit your child.
Not. If a child suffers from a ghost, this is not a reason for dropping out of school. If you study in a school that directly relates to your street and house, even more so they cannot. You need to stand for your child. Please file a written complaint with RANO.
This is for you children's tricks, for any parents, his child is the best, but here the consequences are different! My daughter in the class had such a boy, pulled the pigtails ..., and once pushed Vasya so that he lay in a coma for two months! And this boy was then transferred to a school for children of the type “it is difficult to give general education!” Signatures of parents, cl. leader and psychologist!
no, not at all
Kick a child out of school. NO ONE HAS THE RIGHT! A child can be expelled from school, but this requires a very large pile of papers. The procedure and grounds for expulsion from school are set out in the Law of the Russian Federation on Education. But in general, you need to deal with the child: teachers will not do this for their parents.
—NO))))))))))) In some case, a child cannot be expelled from school .... For such an offense, the teacher must be punished (give a strict reprimand and deprive the bonus for the whole year, which would not be common to others) to the penalty before dismissal. (unless of course she had such misconduct with children and others ....) —And so she should invite her parents through (write in the diary - call, parents for an interview with the class teacher., the school principal, then invite him to Lenie to reprimand ... fine to parents ... etc ...) All the teachers signed up for the life and health of the rumen and what happened to the ruble she was responsible for before the opening of the criminal case and dismissal from school. -You need to talk with her, with the school principal, and if that doesn’t help, you must write to the Department of Education or to the Ministry of Education .... - They are not joking with this case ... all the more so many cases of child theft. - The transfer of a child in your case is impossible because the children are all mischievous ... and because of this act they do not dismiss from school. And further…. if that children are transferred only to the winter semester or to the summer holidays. - according to the LAW "ABOUT EDUCATION" - buy it and read and there are special programs that are issued to all schools - lyceums ... There is a charter and position of the school ... Request it .. you must give it to familiarize yourself ... and you must familiarize yourself with it: there are rights Directors, teachers, parents, students, etc ... Good afternoon.
They have no right to! Even if the child learns on one stake, they should be pulled by the ears. And they don’t kick out for behavior!
They have the right, but depending on what. You have the right to appeal the decision of the principal, but in this case it all depends on the views of the judge. Although, judging by your story, this is not the reason.

Attention, only TODAY!

Expulsion is an extreme measure that a school can take.

Related materials:

The Moscow law guarantees universal secondary full (ie 11-year) education, the Federal Law “On Education” guarantees only the basic general 9-year education. In accordance with these laws, there are very few legal grounds for expelling (expelling) a student from an educational institution.

In which case can a student be expelled 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":

At the initiative of the student or his parents, for example, when transferring to another school.
At the initiative of the school, in the case of application to a student who has reached the age of fifteen, deductions as a measure of disciplinary sanction
In the event of a violation of the procedure for admission to an educational organization that entailed, through the fault of the student, his illegal admission to an educational organization
In 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 who have not reached the age of 15 years and students with limited health abilities - 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 the Russians a basic 9-year general education, according to 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 years and has not received a basic general education is taken as a disciplinary measure taking into account his opinion parents (legal representatives) and with the consent of the commission on 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 authority.

What can serve as the basis for deduction?

Article 61 of the Federal Law “On Education in the Russian Federation” specifies that deduction, as a measure of disciplinary sanction, is applied “in the case of failure by students in the professional educational program to fulfill the duties of conscientiously mastering such an educational program and fulfilling the curriculum. Also, in accordance with paragraph 4 of Article 43 of the aforementioned Federal Law, this penalty may be applied for non-fulfillment or violation of the charter of the organization carrying out educational activities, internal regulations and other local regulatory acts on the organization and implementation of educational activities.

Moreover, according to paragraph 8 of article 43, the expulsion of a minor student is applied if other disciplinary measures and pedagogical measures did not produce a result and his continued stay in an organization engaged in educational activities adversely affects other students, violates their rights and rights of workers organizations engaged in educational activities, as well as the normal functioning of organizations engaged in educational activities.

Malicious deviation from study (i.e. systematic absenteeism or non-attendance at school in general).
Repeated - more than once - a gross violation of the school charter (i.e., not just bad behavior).
Underachievement, i.e. regular leaving for the second year until the teenager has mastered the program of basic general education (graduates from the 9th grade), or until he turns 18, provided that he has not finished the 9th grade. Criteria for cases when students in grades 10-11 are constantly not doing well in subjects should be defined in the charter of the educational institution.
The student negatively affects other students, violates their rights, rights and other school employees, 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, the child can be expelled due to the difficult financial situation of his parents, i.e. due to their failure to pay tuition fees.

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

At the same time, educational work should be carried out first with the “violator”, and only if these measures have failed, the child can be expelled. If the student rudely and repeatedly violated the school charter, but then realized his guilt and corrected, expulsion is unacceptable.

They cannot suddenly expel for one misconduct. The condition of repeatability means that if in the last year the student had no comments or reprimands, they cannot expel him.

The following are not grounds for exclusion:

probation or deferral of sentence;
early pregnancy of the student;
petty hooliganism;
unacceptable, according to teachers, the appearance of a schoolboy or schoolgirl (ie makeup in the style of "war paint" or hair dyed in all colors of the rainbow, etc.) - unless it is expressly prohibited in the school charter.

Deduction procedure

In the case when the child has already approached the line and the question is about his exclusion, immediately the dysfunctional child is still not expelled. To begin with, the school should work with the student (the school administration must provide evidence that such work was done, but did not bring any positive results) and his parents, discuss his behavior at the teacher's council, at the school council, invite him to the juvenile affairs committee district of the city.

If, after taking measures to instruct the student and attempts to alleviate the situation, the child continues to do something that is the basis for expulsion, a school council (or another, but necessarily the highest governing body of the educational institution, headed by the director (see article 26 of the Federal Law “On Education in the Russian Federation”), which will raise the question of the exclusion of a bully.

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

When deciding on the expulsion of the school’s administration, it will be necessary 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 pedagogical measures of influence do not give results.

In the “soft” version, parents may simply be asked to write a statement about transferring the “difficult” teenager to another school. However, if there is no real reason for deduction, such a proposal is illegal (due to the fact that educational measures have not been taken).

After the expulsion of the student, the educational organization is obliged to immediately inform the local government body responsible for education in the field of education of the minor, which, together with the parents (legal representatives) of the expelled teenager, is obliged to take measures not later than one month to ensure that the minor receives further education.

Parents (legal representatives) of the student can appeal any decision of the school in the Department of Education of the district and the Department of Education of Moscow.

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

If not everything is smooth ...

Are teachers threatening to expel a child from school? Find out the reasons: talk with the teachers, the principal, and the child. Read the school charter.

If the child is suspended, contact the school principal with a relevant question in writing and reasonably and request written justification for the inadmissibility. In case of unreasonable suspension, write a statement to the guardianship authorities, the prosecutor's office, the Department of Education ... to study!

Expulsion of students from a general educational institution

The practice of working with educational institutions allows us to conclude that in many of them there is still a violation of Russian law related to the expulsion of students.

Legal grounds for expelling students from school

Turning to the question of expelling a student from a general educational institution, it should be recognized that the legislator has not yet resolved this issue, which gives rise to a variety of approaches to solving it.

Subparagraph "g" of paragraph 1 of Art. 13 of the Law of the Russian Federation of 10.07.92 No. 3266-1 "On Education" contains a requirement that the charter and educational institution must necessarily indicate the procedure and grounds for expelling students and pupils. At the same time, neither this law, nor any other regulatory legal acts in the field of education disclose the very concept of “deduction”, which, in our opinion, is the main shortcoming of the legislator in this matter.

The concept of "deduction"

Dictionary of the Russian language SI. Ozhegova by expulsion means "the same as dismissal." In turn, dismissal is understood to mean "removal from duty, removal from work." Therefore, deduction as a legal norm, in relation to the Law of the Russian Federation "On Education", has the following qualifying characteristics:

firstly, deduction should be considered as an action;

secondly, this action should come from a person authorized to make a decision on deductions;

thirdly, expulsion implies the complete abandonment by students of the educational institution, after which the student is no longer entitled to indicate his membership in this institution, which allows an analogy of the concepts of “expulsion” and “exclusion”. The latter is mentioned in Art. 19 of the Law of the Russian Federation "On education" and in comparison with the "deduction" is slightly more specific.

Normative documents governing student expulsion

The only norm providing for the compulsory expulsion of a student, in addition to the Law of the Russian Federation "On Education", is currently clause 2.8.5 of the sanitary-epidemiological rules and standards "Sanitary and epidemiological requirements for the organization of the educational-production process in educational institutions of primary vocational education San PiN 2.4.3.1186-03 ", approved. The chief state sanitary doctor of the Russian Federation 01/26/03. The above paragraph provides for the expulsion of students from an educational institution of primary vocational education in identifying pathologies that impede the continuation of the development of the chosen specialty.

The rest of the issues related to the expulsion of students from educational institutions are regulated by the Law of the Russian Federation "On Education".

Taking into account that we have already established an analogy of the concepts of “deduction” and “exclusion”, which allows us to consider them as synonymous words, we turn to paragraph 7 of Art. 19 of the said law, which, in particular, provides for the following:

“By decision of the governing body of the educational institution for repeatedly committed gross violations of the charter of the educational institution, it is allowed to exclude a student who has reached the age of fifteen from this educational institution.

The student’s exclusion from the educational institution is applied if educational measures have not yielded results and the student’s continued stay in the educational institution has a negative effect 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 order of expulsion of students from school

We analyze the provisions of this norm:

1. The deduction or exclusion (hereinafter referred to as the deduction) should be made only by decision of the governing body of the educational institution. In accordance with Art. 35 of the Law of the Russian Federation “On Education”, this body must be represented by the school principal, who, being the highest official of the educational institution, is endowed with all the necessary powers. In addition to the director, the persons representing the school’s governing bodies include the so-called self-governing bodies, which can be created in the form of a school council, a pedagogical council, a parent committee, a board of trustees, etc. Moreover, in the charter and (or) local acts of the school the powers of these bodies to decide on the expulsion of students shall be specifically provided.

2. Deduction is made only for gross violations of the school charter. The current legislation does not contain a definition of the concept of "gross violation of the charter," therefore, each educational institution must resolve this issue independently. The charter of the school should contain an exhaustive list of misconduct, considered as gross violations of its provisions. These, in particular, include:

failure to attend classes for a certain time without good reason (absenteeism);

insulting participants in the educational process and visitors to the school (indicate in what forms);

unlawful behavior leading to disruption of the educational process (the so-called disruption of lessons);

the use of physical or mental violence against participants in the educational process;

use and distribution of alcohol, tobacco products, narcotic and psychotropic substances.

This list is not exhaustive and can be supplemented or revised by a particular educational institution on its own.

3. In order to expel students, the gross violations of the school charter specified in the previous paragraph must be committed repeatedly. The category of repetition in relation to relations related to the expulsion of a student from an educational institution is also not defined by law.

As a general rule, any action (inaction) is deemed to be committed repeatedly if it is performed more than once. However, each educational institution has the right to develop its own signs of repeated offenses, as well as the procedure for annulment (repayment) of previously imposed penalties for violation of the school charter.

4. Even if there are objective reasons mentioned above, the expulsion of a student from school is allowed, that is, this measure should be considered as a right, and not an obligation of a general educational institution. In all cases, the school has the right to apply other measures of punishment (and prevention) that are not related to the exclusion of the student.

5. Only students who have reached the age of 15 can be expelled. This norm is imperative and not subject to broad interpretation. To a student who is under the age of 15, the school may apply any punishment, except for expulsion (exclusion).

6. Deduction applies only if educational measures have not yielded results. Therefore, when deciding on the expulsion, the school governing body is obliged to take into account not only all gross violations of the charter committed by students and the penalties imposed on them, but also the evidence provided by the school administration of the educational work carried out with this student and its negative results.

7. The deduction is applied only when the student’s continued stay at the school negatively affects other students, violates their rights and the rights of school employees, as well as the normal functioning of the school.

In the event that the student repeatedly and grossly violated the school charter, but his further behavior does not fall under the above grounds (i.e., the student recognized his guilt, repented, and the school administration has no objective reason to consider him as a potential violator in the future ), deduction is unacceptable.

In addition, in accordance with the above sub. "g" p. 1 of article 13 of the Law of the Russian Federation "On education", the charter of the school should regulate in detail the procedure for expelling students.

Without observing all of the above requirements, expelling a student from a general education institution should be recognized as unlawful. At the same time, guilty officials may be held accountable by law.

Key questions related to the topic of deductions

In connection with the expulsion of students from school, many questions arise, both among parents and teachers. We will answer the most common ones.

Can a student be expelled for poor performance?

You can expel a child from school due to poor performance in two cases.

When a student who has not mastered due to poor progress (regular leaving for the second year, etc.), the program of basic general education (grade 9) is executed for 18 years, because, according to part 5 of article 19 of the Law of the Russian Federation "On Education", the age limit for students to receive basic general education in a general educational institution for full-time education is 18 years.

When a student in grades 10-11 does not systematically keep up with subjects. The criteria for such failure should be defined in the charter. The charter should also provide for liability measures (in addition to deductions) for such an attitude towards study.

Is it possible to expel a student for fights with classmates, if the administration of the school has no complaints about his academic performance?

At first, in accordance with paragraph 7 of Art. 19 of the Law of the Russian Federation “On Education”, only a student who has reached the age of 15 years can be expelled (expelled) from school.

Secondly, deduction (exception) for fights is possible only when these actions qualify as gross violations of the charter. The classification of violations as gross is based on the school charter or the local act adopted in accordance with it, which is an integral part of it.

Thirdly, in order to expel the student, these violations (fights) must be repeated. The category of repetition is also determined by the charter of the school. As a general rule, in order to classify a violation as repeated, it must be committed more than once. Moreover, each time this violation should be gross.

Fourth, the exception applies only if educational measures have not yielded results and the student’s continued stay at school has a negative effect on other students, violates their rights and the rights of school workers, as well as the normal functioning of the school.

Fifthlyif, at the time of the decision on expulsion (exclusion), the student did not have time to complete the 9th grade, such a decision is made only taking into account the views of his parents (legal representatives) and with the consent of the commission on minors and protecting their rights.

If at least one of the above requirements is not met, the expulsion (expulsion) of a student from school is unacceptable.

What is the order of expulsion from school of orphans and children whose parents are deprived of parental rights?

In accordance with paragraph 7 of Art. 19 of the Law of the Russian Federation “On Education”, the decision to exclude orphans and children left without parental care is taken with the consent of the commission on minors and the protection of their rights and the guardianship authority. The same applies to children whose parents are deprived of parental rights.

Otherwise, when expelling (excluding) this category of children, the general procedure established by law and the charter of the school is followed.

Are there any particulars of dropping out of school of children whose parents are citizens of another country or stateless persons?

Russian law defines a unified approach to ensuring the rights of citizens to receive a general education. Therefore, there are no specific features of expulsion (exclusion) from school for these categories of children.

How can a “difficult” teenager be expelled from school?

In this case, two options are possible:

1. Forced.

In case of constant violations by the "difficult" teenager of the school charter (recall that these violations must be repeated and gross), the teenager can be expelled (expelled) from school in the manner prescribed by the Law of the Russian Federation "On Education" (Article 19) and the school charter ( see the answer to question 2).

At the same time, the school is immediately obliged to inform the local government about the expulsion of the teenager from his parents (legal representatives).

The Commission on Juvenile Affairs and the Protection of Their Rights, together with the local government and parents (legal representatives) of a “difficult” teenager expelled from school, takes one month to take measures to ensure the employment of this teenager and (or) to continue his education in another educational institution.

2. Voluntary.

In this case, with the consent of the parents (legal representatives), the commission on juvenile affairs and the protection of their rights and the local education authority, a “difficult” teenager who has reached the age of 15 years can leave school until his basic general education, that is, until graduation 9 classes.

The Commission on the affairs of minors and the protection of their rights, together with the parents (legal representatives) of the teenager who left school before receiving basic general education, and the local government within a month take measures to ensure the employment of this teenager and (or) to continue to master the educational program of the basic general education in a different form of training.

What is the order of expulsion of students in evening classes?

In accordance with paragraph 37 of the Model Regulation on the evening (shift) general educational institution, for committing illegal actions, gross and repeated violations of the evening school charter, by decision of the school’s governing body, students who are over 14 years old are allowed to be excluded in the manner established by the Law of the Russian Federation "On education. "

However, the provisions of this paragraph are not brought into compliance with the Law of the Russian Federation "On Education" (as amended by Federal Law of 16.03.06 No. 42-ФЗ), therefore they should be applied in part that does not contradict Art. 19 of this law (as amended).

Consequently, expulsion (exclusion) of students in the evening form of education should be made on a common basis.

What is a “hidden” expulsion of a student from school and how legitimate is it?

“Hidden” refers to deductions, which, from the point of view of the law, have no legal basis and if the parents (legal representatives) of the child and the school perform their duties properly, it is unacceptable.

The most common form of “hidden” expulsion is when the parents (legal representatives) of the student are invited to the school principal (head teacher) and, on the pretext of poor performance or improper behavior, the child is offered to transfer him to another school or change his form of education (for example, transfer to evening school, PU, \u200b\u200betc.), and the parents (legal representatives) agree.

Another example of “hidden” expulsion is when parents themselves, upon the instigation of the school administration, turn to the educational authorities with a request to allow their child to be transferred from regular school to evening school or to decide on the further employment of this child. In this case, “secrecy” is expressed not in the fact that the expulsion process is veiled under specific claims against the student, but in the fact that neither the school’s administration nor the child’s parents apply any educational measures to stimulate their academic performance. Thus, often the expulsion of those children about whom it is customary to say "neglected" occurs.

Despite the variety of forms and, most importantly, the motives of “hidden” expulsion, none of these forms is legal and may entail disciplinary, administrative and even criminal liability for the school management and parents (legal representatives) of the student.

Is a student transferring from a regular school to an evening expulsion?

In accordance with paragraph 19 of Art. 50 of the Law of the Russian Federation “On Education”, students, pupils have the right to transfer to another educational institution that implements an educational program of the appropriate level, with the consent of this educational institution and their successful completion of certification.

Therefore, if the evening school implements the same general education program as the regular school that the child attends, the transfer is made in the general manner, that is, parents submit an application to the director of the evening school for admission and, if there is a positive answer, the student is expelled from the school he attends. school and is accepted in the evening. His personal file is also sent there.

If we are still talking about the facts of forced expulsion (transfer) from a regular school to evening school, then such expulsion is unacceptable.

Only when, after the lawful and justified exclusion of a teenager from school, the commission on juvenile affairs and the protection of their rights together with the local government and the parents (legal representatives) of the teenager, in order to take measures to ensure that he continues his education in another educational institution, offers to go to evening school, the situation may be considered legitimate.

And expulsion (exclusion) under the pretext of going to night school should be qualified as a “hidden” expulsion, which, as mentioned above, is not legal and entails liability under the current law.

Is it possible to expel a child from school for absenteeism?

Only possible in the following cases:

If truancy, according to the charter of the school, is a gross violation of this charter and committed repeatedly, without good reason. At the same time, educational measures have not yielded results and the student’s continued stay (over 15 years old) at school has a negative effect on other students, violates their rights and the rights of school workers, as well as the normal functioning of the school.

If, in connection with truancy, a student who has reached the age of 15 does not have time in two or more subjects. In this case, after expulsion, the student must continue to study in the form of family education.

If, in connection with absenteeism, a student who has reached the age of 18 has not completed primary school in full-time education (left for retraining, etc.).

In accordance with paragraph 5 of Art. 19 of the Law of the Russian Federation "On Education" the age limit of students to receive basic general education in a general educational institution for full-time education is 18 years.

In what cases is a child expelled from school due to an illness?

The deduction for health reasons is made only when, according to the conclusion of the psychological-medical-pedagogical commission, the child, due to illness (mental retardation, significant physiological defects and developmental disabilities, etc.) cannot master the general education program implemented by the school. If the child is able to study according to the specified program, but due to illness does not have the physical ability to attend classes, the school provides him with home-based education (individual instruction).

In this case, parents (legal representatives) on the basis of Art. 10 of the Law of the Russian Federation “On Education” has the right to choose a different form of education for the child that is not related to attending school (self-education, family education, external studies).

Can a student transfer to home school?

The RF Law "On Education" does not contain the concept of "home schooling". This, apparently, is about family education.

In accordance with the order of the Ministry of Education of the Russian Federation dated June 27, 94 No. 225 "On approval of approximate provisions on obtaining general education in the form of an external education and getting education in the family" when transferring a child to family education, he is not expelled from the educational institution.

In this case, the education is provided by the parents (legal representatives) of the child, and the school has the responsibility of maintaining the student’s personal files, providing him with free textbooks and literature, as well as conducting intermediate and final certification. In addition, the school is obliged to provide such a child with the services of individual teachers at the choice of parents (legal representatives) on the basis of an agreement.

Thus, any child transferred to a family (home) education, still remains a student of the school in which he previously studied.

Are children expelled from school due to the difficult financial situation of their parents?

Expulsion of children due to the difficult financial situation of parents is allowed only in those educational institutions that, in accordance with the charter, are engaged in the provision of paid educational services as the main activity. As a rule, these are the so-called alternative schools, that is, existing in addition to ordinary general education schools, which are created for the purpose of carrying out entrepreneurial activities in the field of education.

The expulsion of children from secondary schools created to implement general education programs (not related to entrepreneurial activity and income generation) and financed by the founder, due to the difficult financial situation of parents, is not allowed and should be considered as a violation of the constitutional rights of citizens to receive a public and free general education.

Is the school administration entitled to expel an 11th grade student due to non-attendance of lessons on Saturdays, if this student is attending preparatory courses of the institute these days, about which he timely submitted a certificate of the established form?

Compliance with the routine of classes and their regular attendance, along with compliance with the school charter, is the pupil’s responsibility that is directly related to receiving a general education and further passing the final certification. This obligation is most likely spelled out in the school charter, pay attention to this. In this case, regular non-attendance of classes, which is a violation of the regime, may be qualified as a gross violation of the charter, provided that the above requirements are met.

Therefore, to solve this problem, an agreement with the school administration is required to establish an individual educational regime for the child. Without this agreement, he may not be certified for a quarter and for a year, which will not allow him to be admitted to the final certification.

Regulations

The Law of the Russian Federation dated 10.07.92 No. 3266-1 "On Education".

Sanitary and epidemiological requirements for the organization of the educational-production process in educational institutions of primary vocational education SanPiN 2.4.3.1186-03, approved. The chief state sanitary doctor of the Russian Federation 01/26/03 (as amended and additional).

Expulsion is an extreme measure that a school can take.

Related materials:

In which case can a student be expelled 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":

At the initiative of the student or his parents, for example, when transferring to another school.
At the initiative of the school, in the case of application to a student who has reached the age of fifteen, deductions as a measure of disciplinary sanction
In the event of a violation of the procedure for admission to an educational organization that entailed, through the fault of the student, his illegal admission to an educational organization
In 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 who have not reached the age of 15 years and students with limited health abilities - 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

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 authority.

What can serve as the basis for deduction?

Malicious deviation from study (i.e. systematic absenteeism or non-attendance at school in general).
Repeated - more than once - a gross violation of the school charter (i.e., not just bad behavior).
Underachievement, i.e. regular leaving for the second year until the teenager has mastered the program of basic general education (graduates from the 9th grade), or until he turns 18, provided that he has not finished the 9th grade. Criteria for cases when students in grades 10-11 are constantly not doing well in subjects should be defined in the charter of the educational institution.
The student negatively affects other students, violates their rights, rights and other school employees, 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, the child can be expelled due to the difficult financial situation of his parents, i.e. due to their failure to pay tuition fees.

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

They cannot suddenly expel for one misconduct. The condition of repeatability means that if in the last year the student had no comments or reprimands, they cannot expel him.

The following are not grounds for exclusion:

probation or deferral of sentence;
early pregnancy of the student;
petty hooliganism;
unacceptable, according to teachers, the appearance of a schoolboy or schoolgirl (ie makeup in the style of "war paint" or hair dyed in all colors of the rainbow, etc.) - unless it is expressly prohibited in the school charter.

Deduction procedure

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

Parents (legal representatives) of the student can appeal any decision of the school in the Department of Education of the district and the Department of Education of Moscow.

If not everything is smooth ...

Are teachers threatening to expel a child from school? Find out the reasons: talk with the teachers, the principal, and the child. Read the school charter.

“The child was expelled from school. What to do? ”- this is the question parents often ask our lawyers, whose children find themselves in such an unpleasant situation. How to defend the right to secondary education, where to apply to restore a child in an educational institution, and in what cases is expulsion illegal? We will sort it out together.

All are regulated by Federal Law of December 29, 2012 No. 273-ФЗ “On Education in the Russian Federation”, which clearly spells out in which cases a student can be expelled from school. In the law, this is called "termination of educational relations", and this can happen:

on the initiative of the student or his legal representatives, if they want to continue their education in another educational institution;

at the initiative of the educational institution, if the student is already 15 years old and he does not fulfill his duties in good faith in mastering the educational program and curriculum, as well as if the procedure for admission to the educational organization has been violated;

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

Thus, only students who are 15 years old can be expelled from school. If the child is younger, a similar measure cannot be applied to him.

Student's failure to fulfill his duties

It is worth talking in more detail about what is meant by a student’s failure to master the educational program. This is not just deuces and bad behavior, but systematic absenteeism or non-attendance at all, repeated and flagrant violation of the school charter, behavior that can lead to dangerous consequences - the use and distribution of alcoholic beverages, the use of physical and psychological violence, regular breakdown of lessons.

Exclusion from a general educational institution is allowed only with the simultaneous presence of all the above circumstances. Thus, simply for insufficiently high grades, due to a conflict with the teacher, they cannot expel a student from school for smoking.

Deduction

Expulsion is an extreme measure of disciplinary punishment. According to the law, it can be applied only when other ways of influencing the student (comments, reprimands) have already been applied (and this is confirmed by the relevant documents), but did not work.

The decision on expulsion should be made not only by the school administration, but also by the juvenile commission.

The basis for expulsion may be repeated reprimands and remarks recorded in the student’s personal file, while the Law stipulates that disciplinary measures cannot be applied to students in educational programs of preschool, primary general education, as well as to students with disabilities. In addition, the student cannot be reprimanded while he is sick or on vacation.

After deduction

It is important to know that a child cannot be expelled "to nowhere." If the school decided to expel the student, and the juvenile commission supported this decision, then the administration of the institution should inform parents and local authorities that administer education (this may be called differently in different regions - education department , education department, education committee, etc.).

In the managing authority, the parents of the expelled child should be offered alternative options for continuing education - home-based education, transfer to another school, continuing education in a technical school or college, and employment. It is important that parents must agree with one of the proposed options. If you are opposed to having a child transferred to another school or college, then you can appeal the expulsion.

Such disputes are usually resolved by a special commission, but how exactly the appeal procedure takes place in your region should be clarified in the local education authorities. In addition, parents who are confident that their child is expelled illegally have the right to file a complaint with the prosecutor's office and the court.

As a rule, an appeal of such a decision or the search for an alternative way to resolve the situation occurs after the student has been expelled, so you need to pay attention to the deadlines so as not to slow down the child's learning process.

Vaccinations

Often parents are concerned about whether the child can be expelled from school for medical reasons, for example, if he has not been given any vaccinations. In particular, the Mantoux test becomes a kind of apple of contention between parents and the school: more and more families refuse to do it, and the school administration scares them by removing the unverified child from school.

So, the refusal of parents from the Mantoux test should not limit the child’s right to attend school or kindergarten. The maximum that the administration of an educational institution can do is oblige the child to get advice from a TB doctor. At the same time, a prerequisite for teaching a child at school is the availability of an up-to-date medical record, which reflects, inter alia, the situation of vaccinations.

Take an interest in the life of your child, and then he will not have to face such measures.

Lawyer Ivan Dolgov