Older people remember what the school uniform was like in Soviet times. The girls wore dresses and aprons, while the boys wore suits. None of the students stood out in their clothes, and maybe that was right. Last year, a new rule appeared in our legislation, which gives the right to schools to introduce school uniforms. This is provided for by the Federal Law of June 4, 2014 No. 148-FZ “On Amendments to the Federal Law “On Education in the Russian Federation”.
What does the law on education say about school uniforms?
In the Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation", the establishment of requirements for the clothing of schoolchildren falls within the competence of general educational institutions, unless other requirements are established at the legislative level. The above changes require that the subject of the Russian Federation approve the requirements for the uniform of school students that will operate on the territory of a particular Russian region. The Ministry of Education, even on this occasion, sent to all cities an instructive letter dated March 28, 2013 No. DL-65/08 “On establishing requirements for students' clothing”.In many Russian regions, the issue with the form has long been resolved. For example, in the Orenburg, Rostov, Saratov, Yaroslavl regions, as well as in the Republic of Tatarstan and Karelia and many other regions, children go to school in the appropriate form. And those regions in which this issue has not yet been resolved, need to adopt an appropriate regulatory legal act.
What should be the school uniform according to the Law?
The decision to introduce a school uniform and what it should be is made at a meeting of all participants in the educational process. The meeting must be attended by the parents of each student who can speak on this issue. At the same time, one should take into account the material costs for the purchase of uniforms for large and low-income children. In schools, you can install 3 types of school uniforms:- daily. In this uniform, children will go to school every day, except for holidays;
- sports. In sportswear, students are engaged in physical education classes. Each school may have its own distinctive signs in the form of stripes, ties, badges, emblems, and the like;
- festive. The parade uniform is intended for festive events in an educational institution and school rulers dedicated to the holidays. It differs from everyday school wear in that boys will have a light-colored shirt, while girls will have a light-colored blouse and various holiday accessories for all children.
Money for the purchase of uniforms is allocated if it is provided for by the regional budget. Part 3 Art. 38 of the Law "On Education" provides for compensation to parents for the acquired form. In any case, low-income and large families will receive money from the budget for the purchase of school clothes. If a mother knows how to sew, she can sew a uniform for her child on her own. The most important thing is that the sewn uniform meets the requirements and standards set by the school.
The Civil Code of the Russian Federation, Part 3 (Civil Code of the Russian Federation, Part 3) contains all the information that relates to the inheritance issue. In principle, it is the Constitution of the Russian Federation ...
I. General provisions
1.1. This Regulation establishes uniform requirements for clothing and appearance of students in educational programs of primary general, basic general education of the Municipal Budgetary General Educational Institution “Basic General Education School No. 279 named after Hero of the Soviet Union Rear Admiral Lunin Nikolai Aleksandrovich” (hereinafter - MBOU OOSH No. 279).
1.2. This Regulation has been developed in accordance with the “Convention on the Rights of the Child”, Federal Law “On Education in the Russian Federation” dated December 29, 2012 No. 273-FZ, sanitary and epidemiological rules and regulations “Hygienic requirements for clothing for children, adolescents and adults, goods for children and materials for products (products) in contact with human skin. SanPiN 2.4.7 / 1.1.1286-03”, approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation of April 17, 2003 No. 51 (registered by the Ministry of Justice of Russia on May 5, 2003, registration No. 4499), sanitary and epidemiological rules and regulations “ Hygienic requirements for clothing for children, adolescents and adults. SanPiN 2.4.7./1.1.2651-10”, Sanitary and epidemiological requirements for the conditions and organization of education in educational institutions. SanPiN 2.4.2.2821-10”, Letter of the Ministry of Education and Science of the Russian Federation dated March 28, 2013 No. DL-65 /08 “On establishing requirements for clothes of students”, Model regulatory legal act of the subject of the Russian Federation “On establishing requirements for clothes of students in educational programs of primary general, basic general and secondary general education”, Letter of Rospotrebnadzor dated November 9, 2012 No. 01/12662 -12-23 “On improving the federal state sanitary and epidemiological supervision over the stay of children in educational institutions, the Charter of the school, the decision of the School Council.
1.3. These uniform requirements for clothing and appearance of students are introduced in order to:
Strengthening discipline and order, effective organization of the educational process, maintaining the educational and business atmosphere necessary for educational and extracurricular activities in MBOU secondary school No. 279;
Providing students with comfortable and aesthetic clothing in everyday school life;
Compliance with hygiene requirements and requirements for indicators of chemical, biological, mechanical and thermal safety in order to protect the life and health of children and adolescents, as well as to prevent actions that mislead product users;
Creating conditions for educating students in a general culture and aesthetics of appearance, for students to comply with generally accepted norms of business dress code;
Elimination of signs of social, property and religious differences between students;
Preventing students from experiencing psychological discomfort in front of their peers;
Strengthening the overall image of MBOU secondary school No. 279, the formation of school identity.
1.4. Students whose school uniform and appearance do not meet the requirements of this Regulation are not allowed to attend classes.
II. School uniform functions
2.1. Ensuring the normal functioning of all structural components of the educational process for the entire academic period.
2.2. Maintaining general discipline and order in the school, in accordance with the Internal Regulations for Students and the Charter of the School.
2.3. Elimination of differences in children's clothing, regardless of the material and social status of their parents (legal representatives).
2.4. Convenience and comfort of use in different seasons.
2.5. Compliance with hygiene requirements.
2.6. Formation and development of aesthetic taste, clothing culture.
III. Basic requirements for the form and appearance of students
3.1. Clothing style - business, classic, modern strict.
3.2. The school uniform is subdivided into casual, dress and sports. The ceremonial school uniform is used by students on the days of holidays, solemn rulers and events.
3.2.1.Casual school clothes:
For students in grades 1-4:
Girls: sundress, skirt, vest, dress pants, plain blouses, light colors, the blouse can be replaced with a “turtleneck”; shoes.
Boys: dress pants; vest or jacket; plain shirts, light colors, tie, shirt can be replaced with a “turtleneck”; shoes.
For students in grades 5-11:
Girls: trousers or classic skirt (no frills, knee-length), jacket or vest, blouse, shoes. Blouses are plain, light colors without inscriptions and drawings, the blouse can be replaced with a "turtleneck". Shoes (not sneakers, not sports shoes), a 3-4 cm stable heel is possible. High heels, stilettos are strictly prohibited.
Boys: trousers, jacket or vest; men's shirt (shirt), tie, shoes (not sneakers, not sports shoes). Shirts are plain, light colors.
3.2.2.Ceremonial school clothes:
For girls and girls - consists of everyday school clothes, complemented by a white blouse (not transparent) or a festive accessory; shoes: shoes (not sneakers, not sports shoes), a 3-4 cm stable heel option is possible (not stilettos).
For boys and young men - consists of casual school clothes, complemented by a white shirt or a festive accessory; shoes: shoes (not sneakers, not sports shoes).
3.2.3. FROM porta:
For training in the gym: sports suit, T-shirt, sports leotards (shorts), sports shoes with non-slip soles that do not leave black marks.
For outdoor activities: sports suit (shorts), sports shoes.
3.2.4. Sports school uniforms are intended only for physical education lessons and for the duration of sports holidays and competitions.
3.2.5. For classes in technology lessons and socially useful work - aprons, gloves.
3.3. School uniforms can be made from a variety of fabrics. The color scheme of the school uniform for students in grades 1-9: dark blue, black, solid colors, without inscriptions and drawings.
3.4.Accessories: Gold and silver earrings are allowed.
3.5. Students without a school uniform are not allowed to attend classes.
3.6.Change of shoes is required. Shoes must be clean.
3.7. The teaching staff of the school staff should set an example for their pupils, maintain a business style in their everyday clothes.
IV. Appearance of students
4.1. The general principles of creating the appearance of a student are accuracy, neatness, restraint.
4.2. Appearance must comply with generally accepted business style standards in society and exclude provocative details, hair, face and hands must be clean and well-groomed, deodorants used must have a light and neutral smell.
4.3. The following clothing and footwear options are not allowed as everyday school uniforms:
Denim clothing;
Linen style clothes;
Sportswear (sports suit or its details);
Clothing for outdoor activities (shorts, sweatshirts, T-shirts and T-shirts with symbols, etc.);
Beachwear;
Mini skirts;
Too short blouses that open part of the abdomen or back;
Clothing made of leather (leatherette), raincoat fabric;
Strongly fitting (tight) figure trousers, skirts;
T-shirts and sleeveless blouses;
Transparent skirts and blouses, including clothes with transparent inserts;
Low-cut blouses;
Sport shoes;
Beach shoes (flip-flops and slippers);
Massive shoes on a high platform;
Evening shoes (with bows, feathers, large rhinestones, bright embroidery, shiny
fabrics, etc.);
Shoes with excessively high heels (permissible heel height for girls is not more than 5 cm).
4.4. A neat business hairstyle is required for all students.
For girls and girls, long and medium-length hair is gathered in a bun or braid, tidy up with hairpins (loose hair is not allowed).
Boys and young men have a classic short haircut (long hair is not allowed).
4.6. Bright makeup, manicure, piercing are not allowed.
Girls have nails of medium length, manicure is colorless or using light-colored varnish without drawings, stickers and rhinestones.
4.7. The size of briefcases (school bags) should be sufficient to accommodate the required number of textbooks, notebooks, school supplies and correspond to the uniform.
V. Rights and obligations
5.1. Students and parents have the right to:
Choose a school uniform in accordance with the proposed options.
5.2. Students are required to:
5.2.1. Wear your school uniform every day.
5.2.2. Be respectful of the uniforms of other students in the school.
5.3. Sports uniform on the days of physical education lessons is brought with you. On the days of solemn rulers, holidays, schoolchildren put on full dress uniforms.
5.4. Clothing must be clean, fresh and ironed.
5.5. Students are prohibited from:
5.5.1. Come to class without a school uniform.
5.5.2. To come to classes in addition to physical education in sportswear.
5.5.3. Use the clothes and shoes specified in clause 4.3 as everyday school uniforms. of this Regulation.
5.5.4. Wear accessories to school, massive jewelry (beads, brooches, earrings, rings, belts with massive buckles).
5.5.5. To appear in MBOU secondary school No. 279 with extravagant haircuts and hairstyles, with hair dyed in bright unnatural shades, with bright manicure and makeup, with piercings.
VI. Rights and obligations of parents
6.1.Parents have the right:
6.1.1. Discuss at the parent committees of the class, the Council of Parents issues related to school uniforms, submit proposals regarding school uniforms for consideration by the School Council.
6.1.2. Invite parents whose children avoid wearing school uniforms to the class parent committee, the School Council, SCDN, and take measures against such parents within their competence.
6.2. Parents are required to:
6.2.1. Buy a school uniform and shoes before the start of the school year.
6.2.2. Monitor the appearance of the student on a daily basis before going to school in accordance with the requirements of the Regulation.
6.2.3. Monitor the condition of your child's school uniform, i.e. wash it in a timely manner as it gets dirty.
6.2.4. Avoid situations where the student explains the reason for the absence of the form by the fact that it was washed and did not dry.
6.2.5. Check the child's diary daily for a written report of the absence of a school uniform and taking measures to provide the child with a school uniform.
6.2.6. Come to SHKDN on the issue of non-compliance with this Regulation.
6.3. For improper execution or non-performance by parents of this Regulation, parents bear administrative responsibility, determined by the School Council within its competence.
VII. Measures of administrative influence
7.1. This Regulation is a local act of MBOU secondary school No. 279 and is mandatory for students in grades 1-9 and their parents (legal representatives).
7.2. In case of violation by students of this Regulation, parents (legal representatives) must be notified by the class teacher immediately.
7.3. For violation of these Regulations, the following types of disciplinary liability may be applied to students:
- calling parents (legal representatives) for a conversation with the class teacher, the administration of MBOU secondary school No. 279;
- summoning the student together with their parents (legal representatives) to a meeting of the SCDN;
- placing the student on intra-school control.
VIII. Rights, duties and responsibilities of the class teacher
8.1. The class teacher has the right:
8.1.1. Explain the points of this Regulation to students and parents against signature.
8.2. The class teacher must:
8.2.1. To carry out daily control for the wearing of school uniforms by students in their class before the start of classes.
8.2.2. Timely (on the day of the existence of the fact) inform parents about the fact that the student does not have a school uniform, invite them to SHKDN.
8.2.3. During the school year, conduct explanatory work with students and parents (legal representatives) who violate the requirements of the Regulations.
8.2.4. Act within their competence on the basis of the job description.
8.3. For failure to perform or improper performance of official duties, he is liable under the labor legislation of the Russian Federation, local acts of MBOU OOSH No. 279.
IX. Final provisions.
9.1. The decision to introduce uniform requirements for the school uniform and appearance of students at MBOU secondary school No. 279 is made by all participants in the educational process, takes into account the material costs of low-income and large families.
9.2. This Regulation is brought to the attention of all teachers, parents (legal representatives) and students within two weeks from the date of its entry into force.
9.3. Responsibility for bringing information to students and their parents (legal representatives) lies with the class teachers.
9.4. Control over compliance by students with the uniform requirements for school uniform and appearance is carried out by all employees of MBOU secondary school No. 279, related to administrative, pedagogical and educational support staff.
The introduction of school uniforms in Russia.
On September 1, 2016, a new law came into force on the introduction of a school uniform for every educational institution. This law states that any educational organization has the right to impose its own requirements in relation to the appearance of students. In other words, at the level of legislation in Russia, a special uniform for students is being reintroduced. The purpose of this law is to eliminate property, social and religious inequality between students of the school. In addition, the introduction of uniforms will significantly strengthen the image of the educational institution and provide students with aesthetics and comfort in clothing.
In many regions of the country, a single school uniform has long been introduced.
In 2017, the whole of Russia will already come to such an innovation.
Many are already wondering what exactly the new form for teenagers will be like. However, the introduction of a single uniform for schoolchildren does not mean that all students in Russia will wear exactly the same clothes. Each educational institution will independently choose the type, style and color of the uniform for its students. When choosing a form, the opinion of the parents of schoolchildren will also be taken into account. Schools and other educational institutions may establish three types of school uniforms. The uniform will be formal, casual and sports. 
Pupils will wear dress uniforms for some school events, public holidays and school rulers. This uniform will be characterized by the presence of a white shirt for boys and a white blouse for girls. In addition, an additional festive accessory will go with the dress uniform. What kind of accessory will be chosen by each school individually.
Everyday school uniform will be for regular school days. It is in this set that students will attend school every day. Naturally, for the change, you will have to acquire a second set of everyday uniforms.
Sports school uniforms will be designed to be worn in physical education classes. 
Each educational institution may make some changes to its form. For example, make a school badge in the form of a patch. You can include ties in the uniform or put on some badges with the school number.
Already, the first photos of school uniforms introduced in many Russian schools are appearing on the network.
Every educational institution must understand that the school uniform must comply with some generally accepted standards. For example, the form should be selected according to the weather, according to the temperature in the room. And, of course, all sanitary-epidemiological and hygienic standards must be observed. A single school uniform must be of a secular nature. It should not contain any traumatic details, informal symbols.
All participants in the educational process should participate in the process of choosing a form. It is also important to pay attention to the fact that in each school there are large and low-income families whose financial condition must be taken into account.
Already, fashion designers have begun to develop a variety of options for school uniforms. Most types of school uniforms consist of several elements. As a rule, the set includes a skirt or trousers, a shirt or blouse and a vest. The average price of such a school set at the moment is 5000 rubles. A set must be purchased at least three. It comes out hard. And in many families, two children go to school at once. Therefore, the question arises - will every parent support this law?
On September 1, 2016, a new law "On Education in the Russian Federation" comes into force. Among its innovations is the right of an educational organization to establish requirements for students' clothing.
Thus, school uniforms are introduced again at the legislative level in the country. Its appearance is determined by the need to erase the property, social and religious differences between students, strengthen the image of educational institutions, provide students with aesthetic and comfortable clothing.
In many regions of the country, this issue has already been legally regulated. For example, in the republics of Karelia and Tatarstan, in the Stavropol Territory, in the Belgorod Region, Leningrad Region, Moscow Region, Omsk Region, Orenburg Region, Penza Region, Rostov Region, Saratov Region, Ulyanovsk Region, Yaroslavl Region and in other subjects.
Therefore, according to the text of the federal law, this rule is valid, unless otherwise established by the legislation of the subject of the federation. For those regions in which the issue of school uniforms has not yet been resolved, it is necessary to adopt an appropriate regulatory legal act. Requirements for a new uniform for schoolchildren are contained in a sample law sent by the Ministry of Education and Science to the regions.
What will be the uniform school uniform
The introduction of uniforms does not mean, however, that all students will be dressed the same. For each educational institution, the color, style, appearance of clothing and the obligation to wear it will be determined individually. Schools are encouraged to adopt a special local legal act regulating the issues of uniforms for students, and taking into account the views of parents.
General education organizations can establish three types of school clothes: formal, casual and sports. The dress uniform is designed for festive events and school rulers. The dress uniform differs from the everyday one by the presence of a light shirt or a festive accessory for boys and boys, a blouse or a festive accessory for girls and girls.
Sportswear is used for physical education. The uniform of each school may have its own distinctive signs in the form of emblems, stripes, badges, ties, and so on.
Students' clothing must comply with sanitary-epidemiological and hygienic standards, the place of classes, the weather, the temperature regime of the room. Clothing style is generally accepted business. Uniform for schoolchildren should be secular. Clothing, shoes and accessories with traumatic fittings, informal symbols that promote illegal behavior and the use of psychoactive substances are unacceptable.
The requirements for the form should be accepted by all participants in the educational process and take into account the financial situation of large and low-income families.
The beginning of the school year is always a hot time for parents of schoolchildren. Moreover, for the upcoming academic year, some had to not only buy traditional stationery and textbooks, but also provide the child with a school uniform.
The norm that gives schools the right to introduce school uniforms appeared in our legislation at the beginning of June of this year (Federal Law of June 4, 2014 No. 148-FZ ""). To do this, it is necessary that the subject of the Russian Federation approve the standard requirements for school uniforms that will be valid on the territory of a particular region. By the way, a sample of such standard requirements (the so-called Model Act) was published by the Russian Ministry of Education and Science back in March (letter of the Ministry of Education and Science of the Russian Federation dated March 28, 2013 No. DL-65/08 "").
Many regions simply copied the provisions of the Model Act into their documents. True, some brought their own requirements. For example, in the Saratov region and the Republic of North Ossetia-Alania, students will not be able to come to school with extravagant haircuts and hairstyles, with brightly colored hair, visible piercings, defiant manicures and makeup. By the way, an interesting question arises whether it is possible to recognize as piercing earrings in the ears, which are also worn by many teachers.
In some regions, schoolgirls were allowed to paint their nails only colorless varnish and enjoy deodorant exclusively with a light and neutral smell. However, such demands are often regarded by the prosecutor's office as an abuse of their right by the authorities - such a conclusion, for example, was reached by the prosecutors of the Omsk region in December 2013. The same goes for hairstyles. In the same Omsk region, some schools demanded that boys and young men timely haircut in a classic style. The prosecutor's office considered this requirement illegal, too, apparently remembering how Soviet-era schoolchildren were expelled from classes for having overgrown hair. Similar requirements for hairstyle, haircut, color and length of hair, which were established by one of the schools in the Kaliningrad region, were also protested by the prosecutors.
The final word on the introduction of a school uniform remains with the school itself, for this it must take the appropriate local act.
However, even if the requirements for the clothes of students are introduced in a particular school, many parents still have questions. Someone is dissatisfied with their new duty in general, others are wondering about compensation for its cost at the expense of the state, and some would like to dress the child in accordance with the religious ideas of their family. Answers to some questions from the point of view of a lawyer are in our material.
Question 1. Is it possible to challenge the decision of the school to introduce a school uniform?
A school may require a student to have a “suit fit” only if there is an appropriate local act. (part 1 of article 38 of the Federal Law of December 29, 2012 No. 273-FZ ""; hereinafter - the law on education). For example, it may be called "Regulations on establishing requirements for students' clothing" or simply "Regulations on school uniforms".
Another thing is that this act should be adopted taking into account the views of students and their parents(their interests should be represented by the student council and the parent council). If the school has teachers union or another representative body of its employees, then its position is also taken into account. Obviously, if parents are against the introduction of a school uniform, then they should document this and notify the school administration about this.
If the negative opinion of the parent committee about the school uniform is ignored, and the clothing requirements are nevertheless established, then you can protect your rights in different ways:
1
Create a special dispute resolution committee, which will include an equal number of representatives of the school, students and their parents (). The specific procedure for its convocation should, again, be fixed in a special normative act of the school. If it is possible to reach a consensus, then the final decision of the commission becomes binding on all parties to the conflict. True, you can go further and challenge it in court.
2
File a complaint against the school district department of education(for example, the department of education of the regional administration) or in Rosobrnadzor. Alternatively, you can apply to prosecutor's office or appeal the school's decision judicially.
By the way, it is possible to challenge the decision of the school administration not only if the opinion of the parents was ignored - but also when the local act of the school is contrary to the law on education or regional law.
For example, parents of students from the Arkhangelsk region can safely refuse to buy a uniform for their children if the decision to introduce it was made by the school later than three months before the start of the school year - such a condition is enshrined in the relevant law of the subject. And schoolchildren in grades 5-11 of the Bryansk region can safely wear jeans for the entire next academic year, until September 1, 2015, since the relevant law will come into force for them only by this time.
Question 2. If a child comes to school without a uniform, can he be sent home to change?
The Law on Education does not make the right to education dependent on how the child is dressed - but also does not contain a direct ban on removing a child from classes. Most often, regional regulations are also silent on the permissible actions of the school administration. Some regions oblige children to wear a school uniform (which, in general, is not entirely correct, because the school has the final say) - for example, the Bryansk region. However, the consequences of violation of the clothing requirement are not fixed in the act of this region either (Government of the Bryansk region dated November 11, 2013 No. 634-p).
But the Republic of Buryatia excelled in this regard: the corresponding decree of the government of this region provides for a number of disciplinary measures for students who are not dressed in uniform. Among them are the remarks of the class teacher (oral or in a diary), an explanatory conversation, a class hour, a parent meeting, and finally - restriction of access to classes. The latter, however, is possible only in one case: if the student did not just come to class without a uniform, but on his clothes there are images and inscriptions in any language calling for extremism, drug use, the use of weapons, or having an offensive character.
We encountered at least two regions in which teachers are expressly prohibited from expelling schoolchildren without a uniform from classes These are the Tambov and Yaroslavl regions. In the Yaroslavl region, however, the student must still be dressed in business clothes of a classic cut and neutral tones, albeit not the same as the uniform.
It should be remembered that the prosecutor's office almost always takes the side of schoolchildren. For example, the rights of children who do not want to wear school uniforms have been repeatedly defended by prosecutors in the Kurgan and Kaliningrad regions and other regions.
Question 3. Can a child be expelled from school for not wearing a school uniform?
No. It is possible to exclude a student from school only on the grounds that are enshrined in:
- at the request of the student's parents (or the student himself, if he is already an adult);
- if the child does not cope with the school curriculum and only if he is already 15 years old;
- for objective reasons (for example, the liquidation of a school).
This list is closed, and there is no such reason as refusal to purchase a school uniform.
Question 4. Who can receive compensation for the purchase of a school uniform and what needs to be done to do this?
Both the Model Act and regional laws prohibit making a decision on the introduction of a school uniform without taking into account the opinion of low-income and large families. In addition, the subjects of the Russian Federation can reimburse parents for the cost of purchased school uniforms ().
Often in the region there is a special regulation on the procedure for allocating subsidies for the purchase of school uniforms, but the allocation of a subsidy may also be provided for in a general law on supporting large families or low-income citizens.
NOTA BENE "We put a serious emphasis not only on improving the quality of the goods, but also on the content. It is known that it is in childhood that morality, tastes, and predilections are formed.", - said the Deputy Minister of Industry and Trade of the Russian Federation Viktor Evtukhov, representing a new resource. |
The procedure for applying for a subsidy varies from region to region. Depending on the specific area, you can apply for a subsidy either in district administration department, either in MFC, or directly to school by writing a letter to the director.
The set of required documents usually includes:
- birth certificate of the child;
- parents' passport;
- a certificate from an educational institution on the education of the child;
- a document confirming the status of a large or low-income family;
- service application.
In addition, it may be necessary to confirm that the child lives with the applicant: registration at the place of residence or other document (for example, a certificate from a children's clinic). If such a requirement is fixed in the regional law, but the applicant has not complied with it, he refuses to provide compensation (St. Petersburg City Court dated December 17, 2012 No. 33-17228 / 2012).
note that deadlines for filing claims for compensation cannot be set. An attempt to rush parents was made in some cities of the Moscow region: in Reutov, it was possible to apply for money from September 1 to October 31 of the current year, and in Dolgoprudny - until December 1 of the current academic year. At the same time, the prosecutor's office in both cases recognized such restriction as illegal.
Question 5. Is it legal to require a school uniform to be purchased from a specific supplier?
Based on a literal interpretation of the law, such a requirement by the school administration can be called unacceptable. The point is that it is about establishing requirements to clothes. In other words, the school may require the child to buy clothes of a certain color or style, but may not send parents to a specific brand store. Otherwise, the actions of the school will be contrary to the Federal Law of July 26, 2006 No. 135-FZ "".
By the way, some subjects of the Russian Federation even enshrined a ban on such actions in the law - for example, in the Republic of Tatarstan to force parents to buying a uniform from a certain manufacturer or supplier can not be both the school administration and teachers. A similar rule applies in the Yamalo-Nenets Autonomous Okrug, only it is formulated even more strictly: it is impossible not only to demand to dress from a specific manufacturer, but also to establish specific requirements for clothing (model, article, material), observing which parents will be forced to buy clothes only from a certain brand.
Even if the subject is register of school uniform suppliers, forcing students to dress in a uniform from a particular "couture" is unacceptable. By the way, the authorities of the Bryansk region obliged parents to order uniforms (including for individual tailoring) only from clothing companies and individual entrepreneurs exclusively from this register - a very controversial, in our opinion, duty. Parents who disagree with this can rely on the fact that the law on education and the Model Act do not provide for the possibility of establishing such a requirement by the regions.
Moreover, if desired, mothers can sew the form with your own hands, the law on education and the Model Act do not prohibit this - the main thing is that it meets the standards that the school has set.
Question 6: Can I dress my child according to the religion of our family?
The model act in this part is rather categorical: schoolchildren's clothes must be worn exclusively secular. Actually, the revival of the school uniform began with this question.
Recall that the problem arose in 2013 in the Stavropol Territory: the administration of one of the schools forbade girls from Muslim families to appear in class wearing a hijab. The requirement for the secular nature of clothing, to which the school referred, was enshrined in a decree of the regional government. The parents of these schoolgirls were forced to transfer them to a Muslim school, a madrasah, or to an external study. In parallel, they appealed against the decision of the regional government in court, but to no avail. I put an end to this dispute last summer RF Armed Forces(Armed Forces of the Russian Federation of July 10, 2013 No. 19-APG13-2).
The Court made three main findings:
- uniform requirements for the clothing of students stem from the secular nature of our state;
- Indoor hats (including the hijab) are the cause of various diseases, and school uniforms are the key to keeping students healthy. Here the Court quoted Rospotrebnadzor (Rospotrebnadzor dated November 9, 2012 No. 01/12662-12-23);
- the hijab ban does not violate the right to education.
ABROAD In 1994, after a protest organized by female students enrolled in midwifery courses at the University School of Medicine [Istanbul University. - Ed.], the vice-rector issued a memorandum in which he explained the issue of wearing the Islamic hijab and the legal basis for the relevant instructions, noting in particular: “The ban on female students enrolled in midwifery courses wearing the hijab during practical classes was not intended to violate their freedom of conscience and religion, but to comply with applicable law. When performing their work, midwives and nurses wear uniforms described and provided for in the instructions of the Ministry of Health. Students who want to work in this specialty know this. Imagine a midwife student trying to put a baby in or out of an incubator or help a doctor in an operating room or delivery room wearing a long-sleeved coat." (ECHR dated November 10, 2005 "The case of Leyla Sahin v. Turkey" (complaint no. 44774/98)). |
Applicants did not rule out applying to the ECtHR against this judgment. True, it is unlikely that the Strasbourg Court would have taken their side, because in its practice such cases have already been encountered, and decisions were not made in favor of the hijab (ECHR dated November 10, 2005 "The case of Leyla Sahin v. Turkey" (complaint 44774/98), ECtHR of 4 December 2008 in Dogru v. France (application no. 27058/05), ECtHR of 4 December 2008 in Kervanci v. France (application 31645/04)).The ECtHR also confirmed the legality of the dismissal of one of the applicants, who worked as a lecturer at a Turkish university and wore a hijab to lectures and seminars (ECtHR of 24 January 2006 in the case of Kurtulmus v. Turkey (complaint no. 65500/01)).
After that, the question of the violation of the rights of believers was asked to the president at a meeting with representatives of the All-Russian Popular Front in October 2012. Vladimir Putin supported the Supreme Court of the Russian Federation, noting that the requirements for the secular nature of clothing must be observed by everyone, otherwise representatives of other faiths will feel disadvantaged. Just then, the head of state proposed to think about the return of the school uniform. " Still, in such school . – Ed.] collectives, no one should feel like a second-class person", - then the president emphasized, hinting at the different financial possibilities of parents when buying clothes for their children.
Some regions literally copy the provisions of the Model Act: "the appearance and clothing of students must<...>be of a secular nature" (Krasnodar Territory). Other subjects are even more specific, forbidding children to wear religious clothes or clothes with religious attributes to school, including those covering their faces (Rostov Region). By the way, little Rostov residents have no right to adorn themselves with the attributes of religious symbols - Pectoral crosses also fall under this ban.
