Good afternoon,

This article provides an exhaustive list of circumstances. No, your child is not eligible to be expelled.

Article 61. Termination of educational relations

1. Educational relations are terminated due to the expulsion of the student from the organization carrying out educational activities:
1) in connection with the acquisition of education (completion of studies);
2) ahead of schedule on the grounds established by paragraph 2 of this article.
2. Educational relations 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 the development of the educational program to another organization carrying out educational activities;
2) at the initiative of the organization carrying out educational activities, in the event that deductions are applied to a student who has reached the age of fifteen years as a disciplinary sanction, if the student fails to fulfill the obligations of conscientious development of such an educational program and the implementation of the curriculum, as well as in in the case of establishing a violation of the procedure for admission to an educational organization, which caused, through the fault of the student, his illegal enrollment in an educational organization;
3) due to 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 liquidation of the organization carrying out educational activities.
3. Early termination of educational relations at the initiative of the student or parents (legal representatives) of a minor student does not entail the emergence of any additional, including material, obligations of the specified student to the organization carrying out educational activities.
4. The basis for the termination of educational relations is the administrative act of the organization carrying out educational activities, on the expulsion of the student from this organization. If an agreement on the provision of paid educational services is concluded with a student or parents (legal representatives) of a minor student, in case of early termination of educational relations, such an agreement is terminated on the basis of an administrative act of the organization engaged in educational activities, on the expulsion of the student from this organization. The rights and obligations of the student, provided for by the legislation on education and local regulations of the organization carrying out educational activities, terminate from the date of his expulsion from the organization carrying out educational activities.
5. In case of early termination of educational relations, the organization carrying out educational activities, within three days after the issuance of the administrative act on the expulsion of the student, issues a certificate of education to the person expelled from this organization in accordance with

Expulsion of students from a general education institution

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

Legal grounds for expulsion of students from school

Turning to the issue of expulsion of a student from a general education institution, it should be recognized that this issue has not yet been resolved by the legislator, which gives rise to a variety of approaches to its solution.

Subparagraph "g" of paragraph 1 of Art. 13 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education" contains a requirement that the charter of an educational institution must necessarily indicate the procedure and grounds for the expulsion of 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 understands expulsion as "the same as dismissal." In turn, dismissal is understood as "removal from the performance of official duties, removal from work." Therefore, deduction as a legal norm, in relation to the Law of the Russian Federation "On Education", has the following qualifying features:

first, expulsion must be seen as an action;

secondly, this action must come from a person authorized to make a decision on expulsion;

thirdly, expulsion implies the complete abandonment of the educational institution by the student, after which the student is no longer entitled to indicate his belonging to this institution, which allows us to draw an analogy between 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 "deduction" is a little more specific.

Normative documents regulating the expulsion of students

The only norm providing for the mandatory expulsion of a student, in addition to the Law of the Russian Federation "On Education", is today clause 2.8.5 of the sanitary and epidemiological rules and regulations "Sanitary and epidemiological requirements for the organization of the educational and production process in educational institutions of primary vocational education San- PIN 2.4.3.1186-03", approved. Chief State Sanitary Doctor of the Russian Federation 26.01.03. The above paragraph provides for the expulsion of students from an educational institution of primary vocational education in the event of a pathology that prevents the continuation of the development of the chosen specialty.

Otherwise, 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 between the concepts of "expulsion" and "exclusion", which allows us to consider them as synonymous words, let us turn to paragraph 7 of Art. 19 of this law, which, in particular, provides for the following:

"By decision of the governing body of an educational institution, for repeated gross violations of the charter of an educational institution, it is allowed to expel a student who has reached the age of fifteen years from this educational institution.

The exclusion of a student from an educational institution is applied if educational measures have not yielded results and the student’s continued stay in an educational institution has a negative impact on other students, violates their rights and the rights of employees of an educational institution, as well as the normal functioning of an educational institution.

The procedure for expelling students from school

Let's analyze the provisions of this norm:

1. Expulsion or exclusion (hereinafter - expulsion) 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 principal of the school, 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 governing bodies of the school include the so-called self-government bodies, which can be created in the form of a school council, a pedagogical council, a parent committee, a board of trustees, etc. At the same time, the charter and (or) local acts of the school must the powers of these bodies to make a decision on the expulsion of students should be specifically provided.

2. Expulsion is made only for gross violations of the charter of the school. 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 school charter must contain an exhaustive list of offenses considered as gross violations of its provisions. These include, in particular:

non-attendance for a certain time of classes without good reason (truancy);

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

misbehavior leading to a disruption of the educational process (the so-called disruption of lessons);

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

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

This list is not exhaustive and can be supplemented or revised by a specific educational institution independently.

3. In order to expel students, the gross violations of the school charter indicated 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 recognized as committed repeatedly if it is committed more than once. However, each educational institution has the right to develop its own signs of the frequency of offenses committed, as well as the procedure for the annulment (repayment) of previously imposed penalties for violating the charter of the school.

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

5. Only students who have reached the age of 15 can be expelled. This rule is mandatory and is not subject to broad interpretation. For a student who is under 15 years old, the school may apply any penalties other than expulsion (exclusion).

6. The deduction is applied only if the measures of an educational nature have not yielded results. Consequently, when making a decision on expulsion, the governing body of the school is obliged to take into account not only all the gross violations of the charter committed by the student and the penalties imposed on them, but also the evidence presented by the school administration of the educational work carried out with this student and its negative results.

7. Expulsion is applied only when the student's continued stay at school has a negative impact on 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 has repeatedly and grossly violated the charter of the school, but his further behavior does not fall under the above grounds (that is, the student has realized his guilt, repented, and the school administration has no objective reasons to consider him as a potential violator in the future ), deduction is not allowed.

In addition, in accordance with the above sub. "d" paragraph 1 of Art. 13 of the Law of the Russian Federation "On Education", the charter of the school must regulate in detail the procedure for expelling students.

Without compliance with all the requirements listed above, the expulsion of a student from a general education institution must be recognized as unlawful. At the same time, guilty officials may be held liable under the law.

Key questions related to the topic of deductions

In connection with the expulsion of students from school, many questions arise, both for parents and teachers. Let's answer the most common ones.

Can a student be expelled from school for poor performance?

There are two ways to expel a child from school due to academic failure.

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

When a student of 10-11th grade systematically fails in subjects. Criteria for such underachievement should be defined in the bylaws. The charter should also provide for measures of responsibility (in addition to expulsion) for such an attitude to study.

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

First of all, 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 can be expelled (excluded) from school.

Secondly, deduction (exclusion) for fights is possible only when these actions are qualified as gross violations of the charter. Classification of violations as gross is made on the basis of the charter of the school or a local act adopted in accordance with it, which is its integral part.

Thirdly, in order to expel a 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 must 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 impact on other students, violates their rights and the rights of school employees, as well as the normal functioning of the school.

Fifth if at the time of the decision on expulsion (exclusion) the student did not manage to finish 9 classes, such a decision is made only taking into account the opinion of his parents (legal representatives) and with the consent of the commission on minors and protection of their rights.

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

What is the procedure for 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 made with the consent of the commission for minors and the protection of their rights and the guardianship and guardianship authority. The same applies to children whose parents have been 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 observed.

Are there any particularities of school expulsion of children whose parents are citizens of another country or stateless?

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

No special innovations in the education 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 devoted to the “disciplinary responsibility of students” in the Code.

So, you can get punished for:

* being late or absent from class without a valid reason;

* violation of discipline;

* disobedience to the teacher;

* insulting a teacher or another student;

* dissemination of information harmful to the health of students;

* damage to the school building or equipment;

* failure to comply with fire regulations;

* 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, one offense 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 appointed no later than a month from the day when the offense is discovered. But the student or his parents can appeal the decision on punishment and even go to court. If during the year the student does not do anything else, the punishment is removed from him automatically.

FAILED THREE SUBJECTS - 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:

Absences of more than 30 days without a valid reason during the academic year;

Non-certification in three subjects;

Repeated disciplinary offense during the academic year.

But even if an eighth-grader does not show up for a whole month, he still cannot be expelled. After all, he is most likely not yet 16 years old and, most importantly, he has not received a basic education. But high school students (10th and 11th) should not shirk their studies.

He doesn’t want to study, let him go to work, - Minister of Education Sergey Maskevich commented on the possibility of expulsion from high school for failures.

ANY EVALUATION IS POSITIVE

But getting failures in a modern school is quite difficult. The Education Code has fixed the norm according to which ALL grades are considered positive. It is difficult for parents of current schoolchildren, who were afraid of deuces like fire, not to mention ones, to understand that with 1 point in a subject, you can not only calmly move from class to class, but also enter a university.

Today "failed" is 0 points. It's hard to imagine how you need to study in order to get such an assessment. The Code states 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, kids who study in the 1st and 2nd grades are still not given points.

Expulsion 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 in one or two subjects does not have an annual grade, he is threatened with work for the summer. And first, during the holidays, he will have to study with his teachers for three weeks according to a special schedule. Then the remaining time of the holidays to study independently and at the end of August to hand over these subjects again. Only in this case the student will be transferred to the next class. This decision must be made by August 30th.

HOW TO STAY FOR THE SECOND YEAR?

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

But if a student misses the re-examination for a good reason, he will be transferred to the next class conditionally. And during September, he will still have to re-certify. If they pass, they will be transferred to the next class, not conditionally, and will study with their classmates.

In the second year, the student who, due to illness or due to moving to another city, missed more than 45 school days, can also stay, if his parents write a statement about this.

WHAT IF SCHOOL IS BORING?

In the summer, not only negligent students are sitting at textbooks, who are waiting for a re-examination. Guys who learn the curriculum so quickly that they get bored in regular lessons can skip the class. This is referred to in the Code as early promotion to the next grade.

To do this, parents submit an application to the principal of the school by September 10. The director creates a special commission that decides how and when it 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) before October 1, he will be transferred to the 7th grade.

ANNUAL ASSESSMENT CAN BE CORRECTION

This right is also written in the Education Code. If a student or his parents are not satisfied with the grades in a maximum of two subjects, they can be reviewed.

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 grade given by the commission does not match the one in the certificate or journal, it will be counted. 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 assessment.

BY THE WAY

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 the CT are a favorite topic for discussion, why more than half of the graduates, for example, in mathematics cannot score even 20 points.

But what are these results? At the beginning of this year, the Ministry of Education conducted a monitoring of the level of education. 60 secondary schools of the country participated in the monitoring.

In the 4th grade, children wrote written works in the Belarusian language, Russian language and mathematics.

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

The level at which students 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 the fourth-graders do not know where the short is written.

In the Russian language, 15.7% have a high level, 37.5% have a sufficient level, and 24.7% have an average level. A third of students make mistakes in writing vowels after hissing, prefixes and prepositions, noun endings.

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

9 CLASS

In the Belarusian language, most of the guys who got 7 - 8 points - 37.1%. Still one of the main problems for every third person is the spelling of the brief.

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

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

GRADE 11

In the Belarusian language, the majority of students showed a sufficient level - 37.6%.

65% of students in the Russian language received marks 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 11th-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.

My son (grade 11) was expelled in the middle of the year from grade 11 due to a large number of gaps in grades 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 student 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”, a school may expel a minor student who has reached the age of fifteen years for repeated disciplinary offenses. Expulsion is usually applied if other disciplinary measures and measures of pedagogical influence do not work and the continued 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 made taking into account your opinion and with the consent of the commission on juvenile affairs and the protection of their rights.

According to paragraph 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 that manages education about the expulsion. This body and you, no later than one month, must take measures to ensure that your son receives a general education.

You or your son have the right to appeal to the educational relations dispute resolution committee against disciplinary measures and their application.

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

Good afternoon dear parents! Let's face it, kids are all different. And in the transitional younger and adolescence - this is generally an explosive mixture. Our home pupils suddenly begin to conflict, many rebel and "score" to study.

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

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

Lesson plan:

We are unhappy with you, get out!

How often do we encounter the fact that teachers in the race for success urgently "ask" the parents of negligent students to change schools. And at the same time, with a smile, they demandingly explain that, according to the law on education, they have every right to do so, deliberately not saying 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 simply be expelled until he has crossed this mandatory threshold and is still studying in grade 9. As a rule, without taking into account repeaters, when they enter the 10th grade, all children turn 15 years old.

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 particular educational institution is also not a reason to terminate all educational relationships at the initiative of the school administration in connection with the family's relocation. If the student was in the 1st grade in this particular school, then he will study here until the parents themselves decide that he will be better off 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 students calls into question the safe stay within the walls of the school for everyone else? For this, the law on education has its own norms, which give not only the right to study, but also stipulate how to study, that is, they also establish duties.

You have a right when you perform duties

The main duties of schoolchildren, including studying conscientiously, attending all school classes, following the norms of the school charter, respecting others and protecting school property, are enshrined in the Federal Law "On Education", or to be more precise, in its 43rd article.

But how can one demand the fulfillment of duties if there is no responsibility for their non-fulfillment?! Therefore, the same article contains rules 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 understandable rules. So, if your or a neighbor’s young offspring who is already in the 5th grade (and it is worth noting that penalties are prohibited in principle for younger children of an elementary school) 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 with a remark or reprimand. This concludes the measures for those under 15 years of age. This procedure was 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 to act. The school charter adopted by the teaching staff together with the parent committee can punish all sorts of misconduct: for absenteeism and systematic delays, for misbehavior, even for refusing to go to school.

But if a naughty student has already exceeded 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 call the student to the conscience and did not put him on the right path, teachers can think about expulsion.

The director in one person cannot make such a cardinal decision. As a rule, the school’s teachers’ council meets for this, and if at 15 the child has not yet received a certificate of education, then a “sentence” is passed without fail, taking into account the opinion of the parents.

Are there any exceptions to the rules?

Legislators approach the application of penalties to minor children very carefully, and the case of expulsion from school is no exception.

In addition, expulsion from school is possible only when the student really poses a danger to others, exerting a negative influence on them.

Otherwise, parents can prove the opposite and restore the child as a student. After all, this is an extreme measure, applied only to those who are 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 local authorities in the field of education in order to provide him with further education or employment.

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 existing obligations, the less often we will have to look for the letters of the law in order to correct the current situations.

That's all for today! I would like to hear your opinions, friends, or life stories on the topic under consideration. Waiting for comments.

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

Wish you study without problems!

Yours, Evgenia Klimkovich!