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 student's complete abandonment of an educational institution, after which the student no longer has the right to indicate his affiliation with this institution, which makes it possible 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. Therefore, 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 provided 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?

Firstly, 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.

How can a "difficult" teenager be expelled from school?

In this case, two options are possible:

1. Forced.

In case of constant violations by a “difficult” teenager of the school charter (recall that these violations must be repeated and gross), it is allowed to expel (exclude) this teenager from school in the manner prescribed by the Law of the Russian Federation “On Education” (Article 19) and the charter of the school ( see answer to question 2).

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

The Commission for the Affairs of Minors and the Protection of Their Rights, together with the local government and the parents (legal representatives) of a "difficult" teenager expelled from school, takes measures within a month to ensure the employment of this teenager and (or) the continuation of his education in another educational institution.

2. Voluntary.

In this case, with the consent of the parents (legal representatives), the commission for minors and the protection of their rights and the local education authority, a "difficult" teenager who has reached the age of 15 can leave school before receiving basic general education, i.e. until the end of 9 classes.

The Commission on Juvenile Affairs and the Protection of Their Rights, together with the parents (legal representatives) of a teenager who left school before receiving basic general education, and the local government, within a month, takes measures to ensure the employment of this teenager and (or) the continuation of mastering the educational program of basic general education in a different form of education.

What is the procedure for the expulsion of evening students?

In accordance with clause 37 of the Model Regulations on an evening (shift) general educational institution, for committing unlawful acts, gross and repeated violations of the charter of an evening school, by decision of the governing body of this school, students who have reached the age of 14 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 line with the Law of the Russian Federation "On Education" (as amended by the Federal Law of March 16, 2006 No. 42-FZ), therefore, they should be applied to the extent that they do not contradict Art. 19 of this law (as amended).

Consequently, the expulsion (exclusion) of students in the evening form of education should be carried out on a general basis.

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

"Hidden" is called expulsion, which, from the point of view of the law, has no legal grounds and is unacceptable if the parents (legal representatives) of the child, as well as the school, properly perform their duties.

The most common form of "hidden" expulsion is when the parents (legal representatives) of the student are invited to the director (head teacher) of the school and, under the pretext of poor academic performance or inappropriate behavior of the child, they offer to transfer him to another school or even change the form of education (for example, transfer to evening school, PU, ​​etc.), and parents (legal representatives) agree.

Another example of "hidden" deductions are situations when the parents themselves, at the instigation of the school administration, apply to the education authorities with a request to allow the transfer of their child from a regular school to an evening school or to decide on the further employment of this child. "Secretness" in this case 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 administration nor the child's parents apply any educational measures to him in order to stimulate his academic performance. Thus, often there is an expulsion of those children about whom it is customary to speak of "neglected".

Despite the variety of forms and, most importantly, the motives for "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 the transfer of a student from regular school to evening school a deduction?

In accordance with paragraph 19 of Art. 50 of the Law of the Russian Federation "On Education", students, pupils have the right to be transferred to another educational institution that implements an educational program of the appropriate level, with the consent of this educational institution and their successful 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, i.e. the parents submit an application addressed to the director of the evening school for enrollment and, if there is a positive response, the student is expelled from the school he attends. school and taken in the evening. His personal file is also sent there.

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

Only when, after the legal and justified exclusion of a teenager from school, the commission for minors 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 the continuation of his education in another educational institution, offers admission to an evening school, the situation can be considered legitimate.

And expulsion (exclusion) under the pretext of going to an evening school must be qualified as a "hidden" expulsion, which, as mentioned above, is not legal and entails liability under the current legislation.

Is it possible for a child to be expelled from school for absenteeism??

Only possible in the following cases:

If absenteeism, according to the charter of the school, is a gross violation of this charter and is committed repeatedly, without good reason. At the same time, the educational measures did not give any result, and the further stay of the student (who has reached the age of 15) 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.

If, due to absenteeism, a student who has reached the age of 15 does not have time in two or more subjects. At the same time, after expulsion, the student must continue his studies in the form of family education.

If, due to absenteeism, a student who has reached the age of 18 has not graduated from the main school full-time (left for re-education, etc.).

In accordance with paragraph 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.

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

Expulsion for health reasons is made only when, according to the conclusion of the psychological, medical and pedagogical commission, the child, due to illness (mental retardation, significant physiological deficiencies 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 is not physically able to attend classes, the school provides him with home education (individual education).

At the same time, parents (legal representatives) on the basis of Art. 10 of the Law of the Russian Federation "On Education" has the right to choose for the child a different form of education that is not related to attending school (self-education, family education, external study).

Can a student transition to home schooling be called expulsion?

The Law of the Russian Federation "On Education" does not contain the concept of "home schooling". It seems to be about family education.

In accordance with the order of the Ministry of Education of the Russian Federation of June 27, 1994 No. 225 "On approval of approximate provisions on obtaining general education in the form of external studies and receiving education in the family," when a child is transferred to family education, he is not expelled from an educational institution.

At the same time, education is provided by the parents (legal representatives) of the child, and the school is responsible for maintaining the personal file of this student, 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 pedagogical workers at the choice of parents (legal representatives) on the basis of an agreement.

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

Are children allowed to drop out of 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, i.e., existing in addition to ordinary general education schools, which are created in order to implement entrepreneurial activity in the field of education.

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

Does the school administration have the right to expel a student of the 11th grade due to his non-attendance of lessons on Saturdays, if on these days this student attends the preparatory courses of the institute, about which he submitted a certificate of the established form in a timely manner?

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

Therefore, to solve this problem, it is necessary to agree with the school administration on the establishment of an individual mode of education 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

Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education".

Sanitary and epidemiological requirements for the organization of the educational and production process in educational institutions of primary vocational education SanPiN 2.4.3.1186-03, approved. Chief State Sanitary Doctor of the Russian Federation on January 26, 2003 (as amended and supplemented).

“The child was expelled from school. What to do?" - with such a question, our lawyers are often asked by parents whose children are in such an unpleasant situation. How to defend the right to receive a secondary education, where to apply to reinstate a child in an educational institution, and in what cases is expulsion illegal? Let's figure it out together.

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

at 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 conscientiously fulfill his obligations to master the educational program and fulfill the 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 liquidation of this organization.

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

Failure by the student to fulfill his obligations

It is worth talking in more detail about what is meant by a student's failure to complete the educational program. This is not just bad behavior, but systematic absenteeism or not attending school at all, repeated and gross 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 disruption of lessons.

Exclusion from a general education institution is allowed only if all of the above circumstances are present simultaneously. Thus, simply for insufficiently high grades, because of a conflict with a teacher, for smoking, a student cannot be expelled from school.

deduction

Expulsion is an extreme measure of disciplinary punishment. According to the law, it can be applied only when other methods of influencing the student (remarks, 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 commission on juvenile affairs.

The basis for expulsion may be repeated reprimands and comments entered in the student's personal file, while the Law states 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, a 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 Commission on Juvenile Affairs supported this decision, then the administration of the educational institution must inform the parents and local governments that manage education (in different regions they may be called differently - education department , education department, education committee, etc.).

In the governing body, the parents of the expelled child should be offered alternative options for continuing education - home education, transfer to another school, continuation of education at a technical school or college, employment. It is important that parents must agree with one of the proposed options. If you are opposed to the child being transferred to another school or technical school, 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 with the local education authorities. In addition, parents who are sure that their child is being expelled illegally have the right to file a complaint with the prosecutor's office and the court.

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

Vaccinations

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

So, the parents' refusal of 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 to oblige the child to consult a phthisiatrician. At the same time, a prerequisite for teaching a child at school is the availability of an up-to-date medical card, which reflects, among other things, the situation with vaccinations.

Be interested in your child's life, and then he will not have to face such measures.

Advocate Ivan Dolgov

Required total complete. But parents are responsible for the basic general, for further education, and the student himself shares this responsibility :)
The law is extremely clear about deductions.
Article 10. Forms of education
1. Taking into account the needs and capabilities of the individual, educational programs are mastered in the following forms: in an educational institution - in the form of full-time, part-time (evening), part-time; in the form of family education, self-education, external studies.

Article 17. Implementation of general education programs
Students at the level of secondary (complete) general education who have not mastered the educational program of the academic year in full-time education and have an academic debt in two or more subjects or are conditionally transferred to the next grade and have not eliminated their academic debt in one subject continue to receive education in other forms .

Article 19. General education
6. With the consent of the parents (legal representatives), the commission for the affairs of minors and the protection of their rights and the local self-government body in charge of education, a student who has reached the age of fifteen may leave a general education institution before receiving general education.
The Commission for the Affairs of Minors and the Protection of Their Rights, together with the parents (legal representatives) of a minor who left a general educational institution before receiving basic general education, and the local government, within a month, takes measures to ensure the employment of this minor and the continuation of his development of the educational program of basic general education in another form of education.
7. By decision of the governing body of an educational institution, for repeated gross violations of the charter of an educational institution, a student who has reached the age of fifteen is allowed to be expelled 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 further 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 decision to expel a student who has not received a general education is made taking into account the opinion of his parents (legal representatives) and with the consent of the commission for minors and the protection of their rights. 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 body of guardianship and guardianship.
An educational institution is immediately obliged to inform about the exclusion of a student from an educational institution of his parents (legal representatives) and the local government.
The Commission for the Affairs of Minors and the Protection of Their Rights, together with the local government and the parents (legal representatives) of a minor expelled from an educational institution, within a month, takes measures to ensure the employment of this minor and (or) the continuation of his education in another educational institution. 22.12.2010 16:51:28,

Perhaps, in every school there are students who violate the Charter of a general educational institution. The director can exclude them even without warning. Parents and guardians will then have to defend the rights, protect their children.

We will tell you more about the rights of students, define the criteria for expulsion and indicate what parents should do.

All grounds for the exclusion of a child from school, provided for by the Law on Education of the Russian Federation

When expelling a child from a school, the principal or supervisor must have a valid reason for doing so.

Consider what can serve as a basis for expelling a child from school and what law provides for this measure.

1. The initiative of the parents or legal representatives of the child. If they decide that the child should be transferred to another school, then no one can forbid them to do this (part 1 of article 61 of the Federal Law No. 273).
2. School initiative. They can be expelled if the child did not conscientiously study the main program and did not follow the curriculum (part 2 of article 61 of the Federal Law No. 273).
3. In the event of circumstances, due to which deduction is inevitable. For example, during the liquidation of an organization (part 3 of article 61 of the Federal Law No. 273).
4. The child was illegally enrolled in the school. If they learn about a violation of the procedure for admission to an institution, the child may be expelled (part 2, article 61 of the Federal Law No. 273).
5. Systematic violations of the Charter of the educational institution. It is believed that if a student violates the Charter of the school more than 1 time, constantly skips classes, then he can be expelled. But bad behavior will not be associated with the Charter, of course, if the child does not commit a crime and does not violate the rights of other students.
6. Failure of repeaters. The law does not state that academic failure can lead to expulsion. But, and so, it is clear that a child who is left several times in the second year can be expelled. It's a matter of age. As soon as a teenager studying in grades 7-8 becomes an adult, he will be expelled from school. He won't be able to finish 9th grade.
7. Backlogs in subjects in grades 10-11. If the Rules or the Charter of an educational institution spell out the criteria for successful education and the conditions for expulsion, if they are not met, then a child in grades 10-11 may be expelled.
8. Use of alcoholic beverages, narcotic or psychotropic drugs. This item should be written in the school documentation.
9. Use of physical or mental violence. For this violation, parents can be held accountable if other students have suffered moral harm. The child may be disciplined by issuing a warning and then expelled.
10. Violation of the rights of teachers, students and other school employees. This reason must be documented. Teachers or other victims must have evidence of violations committed.
11. The difficult financial situation of the family. When studying in a paid school, the child's parents may be asked to transfer him to another school, public, for example, due to non-payment of tuition fees.
12. Health status. A child may be expelled if he has an illness that prevents him from completing the general education program. It is imperative that parents or guardians have a certificate from the hospital, where the disease will be confirmed and the conclusion of the psychological, medical and pedagogical commission is written.

The issue of expulsion in each educational institution is solved differently. The director can go forward and give the child a trial period.

For example , in a certain period, the student's activity will be monitored, his progress, attendance will be evaluated.

If he repents and stops violating the Charter, he will not be expelled. But if, after the probationary period, he returns to his former way of life, he will be expelled, even without warning.

Which students cannot be expelled from school under any circumstances?

We list when a child cannot be expelled from school:

1. If he is under the age of 15.
2. If the child has health restrictions.
3. When the student has mental retardation or other mental illness.
4. If the Charter was violated once.
5. If the student became pregnant early.
6. When a student has committed petty hooliganism.
7. If the student has a suspended sentence.
8. When a child does not comply with the verdict of the judiciary.
9. If a student came to school in an unacceptable, obscene appearance. For example, with bright make-up, or with brightly dyed hair, or with a short skirt on, they will not be able to expel a student, only if this is not prescribed in the Charter of the school.
10. If the student is rude to the teacher. Usually this is not excluded.
11. When a child damages school property. Parents or guardians will pay damages. If this criterion is included in the Charter, then the student will be expelled.
12. If the order of deduction was violated. For example, no other punishments of an educational nature were applied to the child, or the orphan child was expelled and the commission on juvenile affairs and guardianship authorities were not notified about this.

Under the above circumstances, the child cannot be expelled. If the expulsion has occurred, demand that you familiarize yourself with the Charter of the school and other documentation.

What to do if the child is about to be expelled from school - the actions of parents, guardians and the student

In the event of a deduction issue, the child's parents or legal guardians must:

1. Personally go to the director of the school organization and talk to him.
2. Write a letter to the director. It should be asked to indicate the reason and grounds for the expulsion of the child.
3. Contact a social worker. He will help resolve the issue. For example, together with him you can visit a psychologist, teachers and sort out the situation.

The student must:

1. Lead a normal life, do not violate the Charter.
2. Apologize for their actions if they violated the rights of employees of the institution, for example, teachers or students.
3. Ask the commission on juvenile affairs or the guardianship and guardianship authorities to help sort out the situation. This is especially true for orphans.
4. Convince the principal of the school that he will no longer violate the Rules and Charter of the school institution.

If parents, guardians and the student succeed in persuading the teachers and director to cancel the expulsion order, then the child will remain in school.

Notice that situations are different, so the director does not always mitigate the punishment.

The procedure for the expulsion of a child from school and documentation

The procedure for expelling a student from a school institution takes place in several stages.

We will tell you how a child is expelled, and what documents confirm this.

Stage 1. Educational punishments

A child cannot be expelled immediately after he has violated the Charter or Rules of the school. He needs to be worked on.

1. The administration of the institution must collect evidence of the violation committed.
2. Then the issue of expulsion and punishment should be discussed at the pedagogical council. It can include not only teachers and deputy directors, but also a social pedagogue, a psychologist, as well as a commission for minors, operating under the district police departments.
3. Conduct a conversation with parents, explain to them that for this violation the student is threatened with expulsion.

The issue must be considered publicly. The school council must be headed by a director (Article 26 of the Federal Law No. 273).

Stage 2. Trial period

The student may not be expelled immediately, but they will give him a warning. They can also monitor the child, control his actions, watch and evaluate how he does in subjects, whether he attends lessons.

If during the probationary period the student does not change his behavior, then the class teacher must inform the director or deputy director about this.

Stage 3. Deduction

Withdrawal may be voluntary or compulsory.

1. With voluntary - parents or guardians themselves write a statement and ask to be expelled from the school of their child.
2. And the director, in turn, draws up an order for expulsion.
3. When forced, the director issues an order. It must state the reason for the expulsion.

Stage 4. Informing

After the order is issued, the child's parents and the student must be notified of the exclusion. They should be informed about this by the secretary, or the class teacher, or the director himself.

In addition, information about the exclusion is transmitted to the Department of Education, local governments, guardianship authorities. It is these institutions that will control the parents and the child for 1 month and will make every effort to arrange him in another school for education in the future.

What to do if the child has already been expelled from school, if you do not agree with his expulsion - we defend the rights of the child

Parents or legal guardians of a child should:

1. Contact the school and demand a written explanation from the principal regarding this deduction. If he refuses to answer you, then send him a statement with such a request. He will be obliged to answer it in writing.
2. Submit an application to the Department of Education or the Department of Education of your city, district. It should state the situation and ask to understand, to cancel this order.
3. You can also appeal the decision through law enforcement agencies. It is better that you resolve the issue first with the school and the Department of Education, and then send the documentation to the prosecutor's office.

Remember that all statements are written in an official style. If you have evidence of an illegal exclusion, then you should attach it.

For example, if a student has been ill for 1-2 months, a certificate from the hospital should be submitted for consideration.

If a child wants to be expelled from school, parents are told the reason for such a statement. It is worth remembering that they do not have the right to expel a junior and middle-level student, but for productive learning in the future, this problem needs to be solved.

No one has the right to expel a child from school until the age of 15, when the student, having received a certificate, will be able to continue his education in the future. There are cases when a child can be expelled from school at the age of 14, but he must continue his studies at another school. The trouble with this clause in the legislation led to sad consequences, since most often problematic children after expulsion no one finds alternative schools for further education. As a result, the child is left without a certificate and the possibility of further education in a year. But the important fact is that the administration can exclude a child from school only with the consent of the parents, who agree to pick up the documents and continue their education in another institution. Failure to comply with this rule is a violation of the law.

Very often, a child is illegally expelled from school, taking advantage of the low-income position of the parents (guardians). Sometimes relatives are offered to transfer a student to another school, for example, because in this one he cannot pay the required fees. But education in public schools is compulsory and free, so such proposals from the leadership are absolutely illegal, you need to know about it. Especially in this situation, children who are raised by grandparents who do not fully understand school legislation and allow such an attitude suffer.

The reason for being expelled from school is often the student's bad behavior. Not infrequently this happens precisely because of the indifference of parents to the school life of the child. But can a student under the age of 14 be expelled from school? No, but what's the point of transferring him from class to class putting undeserved triples? This situation should definitely worry teachers and parents. In this case, teachers are obliged to reach out to parents, and relatives in every possible way to contribute to the stabilization of the student's behavior. As soon as indifference on the part of parents develops into care, the child will change, and his attitude to learning will also change.

At times, the main reason for not wanting to leave a student within a given school is his poor progress, which, say, spoils the overall picture of the grades of the entire class. Here you need to find out what exactly caused the bad marks. Perhaps, in fact, the profile is not chosen correctly, and then it is worth thinking about transferring the child to a school where the requirements are slightly lower, or the branch of study goes in a different direction. But still, if a student at first mastered this program normally, and then something happened to him, then the reason is not at all a lack of skills. In this case, perhaps, there is an acute problem with the teachers themselves, who have not yet fully adapted to the system of individually oriented education and cannot fully interest every child. Sometimes children do not perceive the subject because of personal dislike for the teacher, who, perhaps, accused him of something in vain or classified him as “unloved”.

Loss of interest in learning can be caused by troubles on a personal level between the students themselves or a crisis in the student's life. If you notice this negative and help the student cope with it as early as possible, then systematic failure can be avoided and the unlawful question of expulsion from school will not come at all.

Sometimes the reason for failure is a long absence of a child in school. The inability to catch up with the material provokes a further lag. If, on the other hand, to help the student in time, by example, to contact the teacher on the issue of additional individual lessons, to hire a tutor, then the student will soon learn what he has missed and the problem of poor progress will simply disappear.

If we are talking about the fact that they want to expel a student from school, the blame to a large extent, of course, lies with both parents and teachers. After all, extremes, when the child's behavior or academic failure reaches a critical level, might not have arisen if adults had not missed the situation at the right time.

Answering the question whether a child can be expelled from school, one can firmly answer once again - no, if the student is not yet 15 years old. But how to solve the problematic issue of academic failure or behavior should be thought together by teachers and parents.

If a child is kicked out of school, what should parents do? Find the cause of the problem and solve it, and for this, devote more time to your child, know how he lives and constantly cooperate with teachers.