To heads of government

educational institutions

The Legal Department of the Moscow Department of Education informs you that Law of the Russian Federation of July 10, 1992 No.3266-1 “On education” (clause 3 of part three of Article 32) It has been established that an educational institution is responsible for the life and health of students, pupils and workers during the educational process.

Article 51 of the same law provides for the responsibility of officials of educational institutions for creating the necessary conditions for study, work and rest of students and pupils.

Similar provisions are enshrined and expanded by the adopted Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”, according to which an educational organization is not only responsible in the manner established by the legislation of the Russian Federation for the life and health of students and workers, but is also obliged to create safe conditions for training, education, supervision and care of students, their maintenance in accordance with established standards, including ensure investigation and recording of accidents involving students during their stay in the organization (clauses 6, 7 of Article 28, clauses 1, 4 of Article 41).

We remind you that the educational process includes not only lessons, lectures, laboratory or practical exercises, but also rest time between classes (recess), periods of vocational training, classes in clubs, sections, other associations of additional education for children, socially useful work, educational and industrial practice, hikes, excursions, sports competitions, as well as travel or transitions to the venue of events, etc.

Thus, the educational institution is responsible for the child for the entire time when the child is under the supervision of the educational institution, in accordance with the lesson schedules (classes) and the institution’s work schedule.

Legal Department

The guys, as always, are looking forward to the holidays. It is very important that your vacation does not turn into misfortunes, injuries...

This places a special responsibility on parents. The Family Code of the Russian Federation (Article 63 clause 1) states: “Parents have the right and obligation to raise their children. Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children...” .

Outside the school walls, control over the behavior and safety of children by teachers is weakening. We kindly ask you not to leave your children unattended. Take an interest in their affairs, pastimes, their friends; computer games they play, Internet sites they visit, be aware of your children's movie and music preferences. Constantly remind you of the need to be safe on the roads, when swimming, and when handling fire and electrical appliances.

In an effort to prove that they are already adults, teenagers may try alcohol and tobacco for the first time during the holidays. Explain to children that health is a person’s most valuable and irreplaceable asset; it is the key to their success and well-being in the future. When trusting, take a closer look at the condition in which your children return home, whether their health is okay. If you see that your child’s behavior or mood has changed dramatically without a known or visible reason for you, try to gently find out about it, and if necessary, contact a specialist.

We draw your attention to tips on how to protect your child from accidents on the water:

• provide organized recreation for school-age children during the summer holidays;
• do not let minor children go to water bodies alone without your supervision;
• do not entrust your older children, especially minors, with looking after younger children on the water;
• strictly prohibit children from bathing on their own;
• do not set a negative example by swimming in places where swimming is prohibited;
• Memorize with your children the emergency phone numbers that children can call if you are not nearby;
• Explain to children that a cell phone is primarily intended to communicate with parents and call emergency help;
• Their main task, if they see a drowning person, is not to get confused, but to very quickly and loudly call adults for help and dial the rescue number.

PARENTS, REMEMBER:

• your child should be at home at night;
• if your child returns late from school, sports club, etc. try to meet him, if this is not possible, ask friends, neighbors, relatives (those you trust) about it. Make sure the child actually came home;
• if you do not know the whereabouts of your child, he does not answer phone calls, immediately contact the internal affairs authorities, do not search on your own;
• Do not give your child large sums of money, expensive phones, audio, video and photographic equipment to school or on the street.

• do not walk outside until dark;
• do not go far from home, and if this happens, let you know where and with whom he is in this place, call you back if his location changes;
• avoid unfamiliar groups and drunk people;
• avoid deserted places, ravines, vacant lots, basements, attics, abandoned houses and premises;
• when talking with friends and in the presence of strangers, do not boast that at home (parents) there are expensive items, valuables, jewelry;
• do not show your phone or brag about it to strangers and strangers;
• do not give your cell phone into the hands of strangers;
• in no case agree if a stranger invites a child to his home or other place to listen to music, take a photo, give something, watch a movie, watch animals, or asks to go somewhere to help do something;
• do not go into dark courtyards, move if possible along a familiar route, along a lighted street or where there are a lot of people;
• do not take anything from unfamiliar or unfamiliar people;
• use force, scream loudly, call for help, run away, call apartments, knock on windows, etc., if anyone tries to catch, chase or grab a child;
• do not go to unfamiliar sites on the Internet, do not respond to offers from strangers on social networks; If someone is trying to intrusively seek friendship through websites, asking for a visit or inviting them to meet, tell parents or other adults whom the child trusts about this.

  Do not go anywhere without warning them;

• categorically refuse to try smoking mixtures, alcohol, drugs; smell, drink, chew something. If you can’t simply refuse, then refer to an alleged illness in which these actions can lead to irreversible consequences;
• do not play in dark places, landfills, construction sites, vacant lots and abandoned buildings, near railways and highways;
• when going to the forest, do not set fire to dry grass, do not climb trees, carefully look at your feet;
• always tell your parents where you are going for a walk;
• while at home, be careful when handling sharp, cutting, piercing objects and electric heating devices; do not play with matches, lighters, etc.
• Do not tease or pet stray dogs and other animals.

Dear parents!

• When transporting children under 12 years of age In cars, be sure to use special child restraint devices, which significantly reduce the risk of injury and the severity of the consequences of road accidents (for children of primary school age, the use of seat belts with a special adapter is allowed).
• Constantly remind children about electrical safety! The main reason for electrical injuries in children is a simple ignorance of the basic rules for handling electric current. It is mortally dangerous to touch any sagging or broken wires, or to come closer than 8-10 meters to broken wires of overhead power lines lying on the ground. It is prohibited to light fires under power lines or enter the technical basements of residential buildings where wires and communications are located. Under no circumstances should you fly kites near overhead power lines, play sports games, throw fishing rods, magnetic tape, wire, etc.

  Extremely, even deadly:

  • make sketches on wires;
  • climb onto power line supports;
  • approach and pick up broken wires;
  • open staircase electrical panels and input power panels in buildings, etc.

As a rule, electrical installations are marked with special warning signs or appropriate posters. All these posters warn people about the danger of electric shock, and it is unacceptable to neglect them, let alone remove and tear them down.

Remember that a child in a family should not be left to his own devices!

Know that disaster is easier to prevent!

memo for parents

Who is responsible for the life and health of the child: parents or school?

DimBasS 13-01-2009 18:08

Colleagues, I need advice. A friend asked me to find out, but I couldn’t find anything on this topic in the Consultant.

She has a 10-year-old child, a schoolboy. Their class is going to go on an excursion to Peterhof (a suburb of St. Petersburg - if anyone is not local). The other day at school she was given a paper to sign with approximately the following content: “I, so-and-so, bear full responsibility for the life and health of my child such-and-such. -so-so-and-so. I allow him to go to Peterhof on an excursion. Number, signature." Why is such a paper needed? The teachers are silent, they say “it’s just necessary.” Without this paper you will not be taken for examination.

Hence the question - is this an attempt to relieve oneself of responsibility if, God forbid, something happens to the child? And, accordingly, transfer this responsibility to the parents?

Is it possible to sign this paper?

In my opinion, you can sign it - it’s still a “filka letter” and if anything, it’s too early to answer the teachers, because While the child is under their supervision (in a child care facility or outside it), they are the ones who bear responsibility. Or, if they signed it, then responsibility is still removed from them?

P.S. The child is not mine, so I won’t go to download my license with the director...

Arcana 13-01-2009 20:07

The piece of paper is crazy and does not entail anything at all.
This is really an attempt to relieve oneself of responsibility, but only “if anything” - the persons accompanying the children will bear all responsibility. Despite any receipts so beloved by these “teachers.”

DimBasS 14-01-2009 12:21

Thanks, that's pretty much what I thought. I just decided to make sure my thoughts were correct

Danila-Master 14-01-2009 10:44

Originally posted by DimBasS:

“I, so-and-so, bear full responsibility for the life and health of my child so-and-so. I allow him to go to Peterhof on an excursion. Number, signature."

Nice receipt.
It doesn’t even say that she bears responsibility specifically during the excursion, and not at any other time.

Personally, I would not deal with such a “company”. And I would talk to the school principal.

Complaining to the Department of Education will make teachers very happy. Since an attempt to abdicate responsibility does not indicate any decent intentions.

——————
Optimism is a lack of information.
Ranevskaya F.G.

Arcana 14-01-2009 11:11

There is no point in talking to anyone or complaining anywhere. If a child wants to go on an excursion, and you trust the teacher, sign this stupid letter and forget about it.

Modern teachers generally have a very unique (and fundamentally incorrect) idea of ​​their rights and responsibilities towards children and their parents. I say this as a person who has many teachers among his loved ones. In short, everyone owes them, but they don’t owe anything to anyone, because they are fulfilling the Great Mission of sowing the Reasonable, the Good, the Eternal.

Not long ago we had a case where a student drowned in the pool during an organized lesson. The teacher was sentenced (suspended). The “pedagogical community” raised a friendly “human rights” howl, turning into an ultrasonic squeal, hoping that the teacher was not responsible for the accident with the child, and they also allegedly took away such receipts from parents. Naturally, the howl was unsuccessful.

Lawyer Yulia Nikiforova talks about how parents should behave if a conflict situation arises at school.

A CHILD BECAME BAD AT SCHOOL

The Law “On Education” in Article 41, paragraph 1 very clearly states that it is the school that bears the responsibility for providing primary health care. And if the child becomes ill, the teacher is obliged to immediately call a nurse or take the student to the treatment room. The child can be given water, treat the wound with iodine or brilliant green, and let him smell ammonia. A nurse has no right to give a child any serious medications without a medical examination. And if the student does not get better, the teacher is obliged to immediately call an ambulance and ensure that the student is taken to a medical facility. In this case, it is necessary that one of the school representatives accompany the child.

The teacher also has the responsibility to find out why the child became ill or identify the culprit. And, of course, urgently notify parents about the incident by telephone call. In such a situation, there are no excuses like “we didn’t get through”, “how can we send a child to the hospital without the parents’ knowledge”, because in the event of a deterioration in the child’s condition or death, all responsibility (even criminal) will fall on the school director.

The teacher must be attentive to students’ health complaints and not let the child leave school if he or she feels unwell: there may be an internal injury, bruise, fracture, or sprain. Complications may arise later, and the teacher who ignored the student’s complaint will be to blame.

TRAUMA AT SCHOOL

Most often, injuries occur due to fights or physical education lessons. In the latter case, it will not even be the teacher who will have to answer, but the school: Article 1068 of the Civil Code of the Russian Federation states that the harm caused by an employee in the performance of work duties is compensated by the employer. Therefore, in this case, it is the school that must reimburse the parents for the costs of the child’s treatment. If the injury occurred as a result of a fight or aggressive behavior of one of the children, then again the teacher will be to blame, since he, as a representative of the school, is obliged to take all measures and prevent even the slightest harm to the health of students. According to Art. 1068 of the Civil Code of the Russian Federation, parents should make claims not to the teacher, but to the school.

Any trouble that happens at school during school hours falls on the shoulders of the management. And even if the kids took time off from classes and started a fight on school grounds, the teacher and the director will be to blame, and the school will be financially to blame.

If harm is caused to the child's health or moral damage, parents can file a claim against the school administration for compensation for physical and moral harm. But in this case, they will have to prove that their child’s actions do not contain direct guilt. Specific culprits have been found - demand compensation for harm. The scheme is simple: you need to contact the school and the education department. Hotline in Moscow

Ministry of Education and Science 8 (499) 553−0963. If the issue cannot be resolved peacefully, then it is necessary to go to court. You have all the facts of the harm caused, there are expenses caused by damage to the child’s health. Paragraph 1 of Article 1085 of the Civil Code of the Russian Federation refers to expenses caused by damage to health: expenses for treatment, additional food, purchase of medicines, prosthetics, outside care, sanatorium treatment, purchase of special vehicles, if it is established that the victim needs these types of assistance and care and is not entitled to receive them free of charge.

IMPORTANT! Some schools have the practice of using magnetic cards to allow students to enter or leave school. And if, suppose, a fight between students occurred even next to the school porch, but the child had already left the school (as evidenced by the magnetic pass), the teachers are not responsible. Read the Charter of the educational institution carefully!

A CHILD IS BEING BURIED BY CHILDREN AT SCHOOL

Responsibility for what happens within the school walls lies with the school director and teacher. All verbal abuse, bullying of a child by other students, damage to his things, and other similar violations of the student’s rights are the responsibility of the school. However, lately we have increasingly heard complaints about insults on social networks, and this is already the responsibility of parents. Unfortunately, in Russian legislation there is no longer Article 130 of the Criminal Code “Insult of a Person”, which could be resorted to if a child is insulted on social networks or photographed in unpleasant situations and sends the photo to mutual friends. But no one canceled the measures with the help of the school or through parents. Be sure to explain the situation to your class teacher and ask them to take action. It would be useful to talk with the parents of such children and explain that you are ready to write a statement to the police, and the children (even girls) will be registered, and this is a mark in the characteristics for further studies and admission. Convictions don't help - file a police report.

Which agency to contact regarding violations of children's rights is specified in detail in Federal Law No. 120-FZ of June 24, 1999 “On the fundamentals of the system for preventing neglect and juvenile delinquency.”

In cases where children, for example, use Photoshop to stick a girl’s head to the body of a porn actress and post their “creativity” on social networks, which can lead the child to a nervous breakdown or suicide, remember that there is Article 128.1. Criminal Code of the Russian Federation “Slander”. And here the law is very harsh financially. Parents should definitely contact a notary and take screenshots of these “works,” certifying this public source through a notary. Then contact the police and demand criminal prosecution through the court.

A CHILD IS INSULTED BY A TEACHER

A teacher has no right to insult a child. Neither verbally, nor even more so by action, for example, not letting him go to a holiday or even going as far as assault - this is indicated in the Federal Law “On Education”. In such situations, immediately contact the school director and the Hotline of the Ministry of Education and Science, including leaving a written statement on the website of the Ministry of Education and Science (minofeducation.rf/feedback/form). Collect statements from other parents about the teacher's unacceptable behavior and demand that the teacher be replaced. Until parents intervene in the situation, the child has every right not to listen to insults addressed to him, but to politely ask permission to leave the class and contact the director with a complaint. It would be nice if the child recorded the insults on a tape recorder. Firstly, parents will believe the child that insults took place, and secondly, this recording will be a significant argument in communication with the school principal. The recording does not need to be shown to the teacher, threatening violence, but you should definitely contact the director and demand either a reprimand for such a teacher, or his removal and replacement. Keep in mind that neither video nor audio recordings can be used as evidence in a civil court - a voice examination will be required.

Explain to your child his rights at school, but also point out that you cannot respond in kind to a teacher’s insults; you must always be polite and correct.

THEFT HAS OCCURRED

If a theft occurs at school, the teacher does not have the right to search a student whom he may suspect. This is the prerogative of police officers only. It is they who should be called immediately to carry out inspections and operational search activities. The teacher can only ask to voluntarily demonstrate the contents of a bag or briefcase, or call parents and ask to do this in their presence, but the student has the right to ignore this request. After all, it may be that the stolen item was placed in the child’s bag, so there should be no searches without the police and the minor’s parents.

Wanting to avoid such situations, teachers usually give parents advice that is worth listening to: give your child simpler things, buy inexpensive phones, and, moreover, the child should not have jewelry at school. This is important for protecting the rights of the student. Photo: fotoimedia.

In the practice of general education organizations, is there a procedure for transferring children from teacher to teacher after the end of a lesson? For example, a mathematics teacher finished his lesson in grade 7B, which was held on the 1st floor in the “Mathematics” room. The next lesson of this class is with another teacher - Russian language in another office on the 3rd floor (in the office "Russian language and literature"). At what point does the responsibility of a mathematics teacher for the life and health of children in grade 7B end and the responsibility of a Russian language teacher begin? Is the teacher responsible for the children's lives during recess?

Answer

The new school year is approaching, and parents have a question: who will bear responsibility if their child gets bruises and abrasions during recess?

Related materials:

Children are very restless. They fight, push, and sometimes just play in a way that makes your heart skip a beat. It's good if you are nearby and can prevent it. What if the child is at school? Of course, the teacher is responsible for the students. What about during recess?

What does the law say?

The measure of liability in such cases is prescribed in several documents at once. dated March 27, 2006, it is stated that during breaks and between classes, teachers are responsible for the health of their students. Based on the meaning of Article 56 “The child’s right to protection” of the Family Code, it can be clarified: while the child is within the educational institution, those school employees who are currently working with him are responsible for his life and health.

In other words, during the lesson it is the teacher, during recess it is the teacher on duty. The head of the educational institution bears overall responsibility for all students.

What to do?

If your child was injured during recess and you are ready to seek the truth, you need to:

1) Write a written statement addressed to the director of the institution with a request to conduct an official investigation of the accident and issue you an accident report. Parents also have the right to ask the administration to take measures in response to the injury, for example, to punish the guilty teachers, to take measures to ensure the safety of children in the educational institution; it may be necessary to hold a meeting of the teachers' council on this situation.

2) Record the fact of injury. If the school refuses to issue an accident report, evidence of the injury is the records of the child's examination at the emergency room and the relevant medical records of the child's examination.

3) After the child’s injury is recorded in writing, we can talk about compensation for treatment costs and moral damage caused to the child. The amount of compensation for moral damage is determined by the court depending on the nature of the physical and moral suffering caused, as well as the degree of guilt of the harm-doer. If the decision is positive, you will be given a writ of execution, on the basis of which funds will be recovered from the culprit.

Responsibility of teachers

The matter may not be limited to just payments to the victim. If the teacher is found to be guilty of improper performance of official duties, then the employer has the right to apply a disciplinary sanction to him - a remark, a reprimand (Article 192 of the Labor Code of the Russian Federation).

If harm to a child’s health occurred as a result of a violation of safety regulations or labor protection rules, the punishment can be much more serious. Thus, if the violation was committed by a person who was responsible for complying with these rules, then even criminal liability is possible.

Article 293 of the Criminal Code of the Russian Federation provides for a fine of up to 200 thousand rubles, or in the amount of salary or other income for a period of up to eighteen months. The alternative is correctional labor for a term of up to two years, or imprisonment for a term of up to one year.

If a violation of safety rules results in the death of a child, then the person responsible for compliance with these standards faces imprisonment for up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or even for life.

You can't execute, you can have mercy

It is interesting that if the children got into a fight and one, for example, broke the other’s head, the parents of the victim, in accordance with Art. 1068 of the Civil Code of the Russian Federation, have the right to sue only the school administration. The direct culprit of the incident in this situation is not subject to jurisdiction.

Sometimes the cause of injury is an accident. If the school administration proves that there was no oversight, then the claim will be rejected (clause 3 of Article 1073 of the Civil Code of the Russian Federation). For example, if your child was walking down the stairs and twisted his ankle. If there was nothing wrong with the stairs, then there is no one to blame for this accident.

Children's insurance

Few people think that health is possible. This, of course, will not protect him from injuries, but it will protect you from a situation where the child needs to be treated, but there is no money for it. At the request of the parents, the annual policy can have 24-hour protection or only during the hours when the child is at school.

Keep in mind: the amount of payment depends on the severity of the injury, but will never be higher than the insured amount written in the policy. If a child gets into a fight during a school break with a slight concussion, the payment will be 15-20% of the insured amount. You will be paid approximately the same amount if your child dislocates his shoulder in physical education. In the event of serious injury or death of a child, the parents will be paid the insured amount in full.

My son, a 1st grade student at school, suffered an injury. He received a traumatic brain injury, hematoma and concussion as a result of the actions of a classmate who deliberately grabbed my son by the legs from behind, using a fighting technique, causing my son to fall, hitting his forehead on the floor. Seeing the swelling on his forehead, the class teacher advised her son to wet his hands with cold water and apply them to his forehead. The teacher did not assess the severity of the injury, did not call a doctor, and did not report the incident to the school administration and parents. Medicine! No office was available on the campus. Due to the failure of the teacher and those responsible for the safety of the air defense personnel to fulfill their duties, I became aware of the incident only 3.5 hours after the incident. At my request, the guard called an ambulance to the school, and the child was taken to the Children's Regional Clinical Hospital, where the injuries were discovered. The teacher, in her own defense, wrote an explanatory note with discrepancies in the facts of what happened in the hope that the case would not be allowed to proceed. I turned to! to the school principal with a statement about and! incident. In response to my demands to understand the fact of the incident, the director said that you could complain “at least to the court.” He disrespected me instead of caring about his student's health. From everything, the director’s reluctance to record the fact of injury was noticeable, which will lead to a deterioration in the image of the school, and cases of injury are deliberately kept silent by the school administration because parents do not make cases public for fear of psychological violence against the child from teachers. Can I be prosecuted? the responsibility of the minor hooligan, the administrative responsibility of the teacher for not taking prompt measures to provide medical assistance to the minor, not promptly informing the administrator on duty about the incident and involving the school in the person of the director. If yes, then under what articles? With respect to you.

Answer

Hello, Elena Valerievna.

Social relations arising in the field of education in connection with the implementation of the right to education, ensuring state guarantees of human rights and freedoms in the field of education and creating conditions for the realization of the right to education are regulated by Federal Law No. 273-FZ dated 29.122.2012 “On Education” In Russian federation".

In relation to the case under consideration, I believe that it is advisable to consider the issue of the responsibility of the educational institution for the life and health of the student (your child). According to clause 7 of Article 28 of the Federal Law “On Education in the Russian Federation”, an educational institution is responsible, among other things, for the life and health of students.

That is, in this case, you have the right to demand compensation from the educational institution for damage caused (both moral and compensation for the costs of treating the child). At the same time, the parents of the child who hit your son are not responsible, since, according to Part 3 of Article 1073 of the Civil Code of the Russian Federation, if a minor citizen caused harm while he was temporarily under the supervision of an educational organization, medical organization or other organization, obligated to supervise him, or the person who supervised him on the basis of an agreement, this organization or this person is responsible for the harm caused, unless he proves that the harm arose not through their fault during the supervision. Actually Art. 28 of the Federal Law “On Education in the Russian Federation” and Article 1073 of the Civil Code of the Russian Federation and will serve as the basis for your demand for compensation by the educational institution for harm caused to the health of your child. If the school refuses to voluntarily comply with your request, you have the right to file a corresponding statement of claim in court.

The requirements for the statement of claim and the list of documents attached to the statement of claim are provided for in Articles 131, 132 of the Civil Procedure Code of the Russian Federation.