What to do if a teacher humiliates students? Conflict with the teacher: what measures of punishment for students are illegal? What laws do teachers forget about when they kick a student out of class, take away a student’s phone, or give a bad mark for absence from class.

No matter what area of ​​our life we ​​touch upon, it is important to follow certain rules so that order, not chaos, reigns. Each of us is an independent person who must know his rights, but we should not forget that each person also has certain responsibilities.

Most often, it is when a child crosses the threshold of school and comes to first grade that he should have an idea of ​​what the rights and responsibilities of the teacher and student are. Parents can also introduce their baby to the most basic of them. In this article we will try to examine in more detail not only the rights of a student in a school in the Russian Federation, but we will also not forget about their immediate responsibilities.

Right to basic education

Our constitution spells out the rights of citizens of our country, one of which is the right to education. The state needs literate and educated people. Therefore, training in high school is currently provided free of charge. This means state-owned Parents have the right to send their child to a private school, but there they will have to pay for tuition.

Children come to school so that, before starting school, the rights of a 1st grade student must be explained by the class teacher. We must not forget that already in primary school Children should be well acquainted with their responsibilities.

Everyone has the right to receive secondary education, regardless of nationality, age, gender and religious views. Every resident of Russia is obliged to go to school. The state fully financially provides the entire educational process - from textbooks to visual aids and necessary equipment.

Upon completion of school, a certificate of secondary education is issued, but to obtain it you must pass final exams who will confirm that it was not in vain that the child went to school for 11 years. Only with this document does the graduate have every right to continue his education in a higher or secondary specialized institution.

What is a student entitled to?

Having crossed the threshold of the school, Small child is no longer just a child of his parents, but also a student. At the first class hour, the first teacher must introduce him to what the child has every right to while within the walls of the institution. The student's rights are as follows:


The rights of a student in the Russian Federation also have a clause stating that, if desired, the child can always transfer to another school. Not prohibited home schooling, external study or early delivery exams.

Student rights in the classroom

You can name individual paragraphs that explain what rights a student has at school during an educational session. Among many, I would like to mention the following:

  • The student can always express his opinion in class.
  • The child has the right to go to the toilet by notifying the teacher.
  • The student must know all the grades given in this subject.
  • Each child can correct the teacher if he made an inaccuracy in his speech regarding the topic of the lesson.
  • Once the bell has rung, the child can leave the classroom.

These, of course, are not all the rights of the student; others can be named that are no longer directly related to the educational process.

Right to healthy education

Each student not only can receive, but also has the right to ensure that it is complete, of high quality and, most importantly, safe for the child’s health. Maintaining a healthy atmosphere at school is very important, and in order for it to be so, it is necessary to adhere to certain conditions:


Parents not only can, but also must monitor how the student’s rights are respected at school. For this purpose, parent committees can be created; every parent has the right to come to the school and look at the learning conditions.

What the student must do

A student’s school rights are good, but we should not forget that each person has his own range of responsibilities that he must fulfill. This also applies to students at school. Here is a list of some of the responsibilities of children within the school walls:


All rights and responsibilities of a student at school must not only be known to adults and children, but must also be fulfilled.

What is prohibited for students at school?

There are some things that children are not allowed to do at school:

  • Under no circumstances should you bring dangerous objects, such as weapons or ammunition, to class.
  • Provoke conflicts that end in a fight, as well as take part in fights between other students.
  • It is prohibited for a student to miss classes without a valid reason.
  • Bringing alcoholic beverages with you, consuming them at school, or coming under the influence of alcohol is strictly prohibited.
  • Smoking is also prohibited on school grounds. For this, the student can be punished and the parents fined.
  • It is unacceptable to gamble within the school premises.
  • It is forbidden to steal other people's things and school supplies.
  • Causing damage to school property will result in penalties.
  • It is prohibited to address the administration rudely and disrespectfully educational institution or the teacher.
  • The student should not ignore the teachers’ comments.
  • Every child in school should know that he is not allowed to come to class without completing his homework, although there are plenty of such unscrupulous students in every school.

If the rights and obligations of the student are always respected in all educational institutions, then school life will be interesting and organized, and all participants educational process everyone will be satisfied.

What does a school teacher have the right to?

It is impossible to imagine a lesson without them being guides to the world of knowledge. The rights of a student and a teacher at school are not exactly the same, here is a list of what the latter has the right to:


In addition to rights, of course, there is a list of responsibilities that every teacher must fulfill.

Responsibilities of teachers

Despite the fact that teachers are adults and the entire educational process rests on them, their list of responsibilities is no less than that of students:


The list of responsibilities is decent. But let’s not pretend, because teachers are people too - especially some points are not always observed.

Rights of the class teacher

After a child crosses the threshold of school for the first time, he falls into the hands of his second mother - the class teacher. It is this person who will become their main mentor, protector and guide to their new school life. All class teachers, as well as other teachers, have their own rights, which are as follows:

  • Probably the most important right is to ensure that the rights and responsibilities of the student at school are respected.
  • The class teacher can independently develop, at his own discretion, a program of work with children and their parents.
  • Can count on help from the administration.
  • He has the right to invite parents to school.
  • You can always refuse responsibilities that are not within the scope of your professional activities.
  • The class teacher has the right to information about the mental and physical health of his students.

To monitor compliance with your rights, you first need to know them well.

What the class teacher is not entitled to

In any institution there is a line over which employees must not, under any circumstances, cross. This applies primarily to educational institutions, since teachers work with the younger generation, who are school walls must learn how to become an independent responsible person.

  1. The class teacher does not have the right to humiliate and insult a student.
  2. It is unacceptable to use marks in the journal as punishment for misconduct.
  3. You can't break your word given to the child, after all, we must raise honest citizens of our country.
  4. It is also inappropriate for a teacher to abuse a child’s trust.
  5. The family should not be used as a means of punishment.
  6. Not only for class teachers, but also for all teachers, it is not very nice and correct to discuss things behind the backs of their colleagues, thereby undermining the authority of the teaching staff.

Responsibilities of class teachers

In addition to his immediate responsibilities as a teacher, the class teacher must also perform a number of duties:

  1. Ensure that the rights and responsibilities of a student in his class are respected.
  2. Constantly monitor the progress of your class and the overall dynamics of its development.
  3. Keep control over the progress of your students, make sure that students do not allow absences without a good reason.
  4. Monitor progress not only at the level of the entire class, but also note the successes and failures of each child so that the necessary assistance can be provided in a timely manner.
  5. Be sure to involve students in your class in not only cool events, but also general school ones.
  6. When you start working in the classroom, you must study not only the children, but also the characteristics of their lives and family conditions.
  7. Notice any deviations in the child’s behavior and development so that timely assistance can be provided. psychological help. If the situation is quite complicated, then the administration of the educational institution must be notified.
  8. Any student can approach the class teacher with his problem, and he must be sure that the conversation will remain between them.
  9. Work with the parents of your students, inform them of all misconduct, successes and failures, and jointly look for ways to solve problems that arise.
  10. Complete all information carefully and in a timely manner necessary documentation: journals, personal files, student diaries, personality study cards and others.
  11. Monitor the health of children and strengthen it by involving students in the work of sports sections.
  12. The responsibilities of class teachers include organizing duty for their class in the school and cafeteria.
  13. Timely work to identify children from disadvantaged families who are at risk and conduct individual educational work with them and their families.
  14. If there are already children from the “risk group” in the class, then it is necessary to constantly monitor attendance, academic performance and behavior.

It can be added that the class teacher is responsible for the life and health of his students during all school and class events. If, in the course of his work, a teacher violated the rights of a student by using methods of physical or mental violence against him, then he may be relieved of his duties, and in some cases, brought to criminal liability.

In order for the environment within the walls of an educational institution to be friendly and favorable for the acquisition of knowledge, it is necessary for parents to instill in their children the rules of good behavior from early childhood. But within the walls of an educational institution, it is already important for children to know not only the rights of a student at school, but also the range of their direct responsibilities. It is important that parents are interested in the school life of their children, know about all their failures and successes, relationships with teachers and peers, so that, if necessary, they can protect their rights.

Parents of students often wonder about the relationship between the teacher and his students. IN Russian Federation The pedagogical segment operates on the basis of a professional charter, which has federal significance. Therefore, education workers - teachers carry out their activities in accordance with its provisions.

What rights and formal responsibilities school teachers have will be discussed below.

1 What rights does a teacher have at school in 2018 Free Legal Consultation.

1.1 Does a teacher have the right to expel a student from class?

1.2 Does a teacher have the right to take away a student’s phone?

2 What does a teacher have no right to do in relation to a student?

2.1 Responsibility for insulting a student

3 Responsibilities of a teacher in school under the new education law

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What rights does a teacher have at school in 2018?
In any educational organization, a proper education program implies the following preferences for school teachers:

receive commensurate monetary remuneration, according to existing qualifications;

have all the basic conditions for the provision of educational services;

count on assistance in organizing the educational process from the head of the school;

enjoy all social and material guarantees calculated by law for the budget category;

receive allotted leave in accordance with the work schedule.

Does a teacher have the right to kick a student out of class?
Such a right in relation to a teacher is not enshrined anywhere. If a student systematically violates discipline, or by his actions interferes with the educational process, then the school teacher in these cases will not be able to expel him from the class. This is a violation of the formal job description, which may result in sanctions against the specialist.

Instead of kicking a student out of class, thereby violating educational order, the specialist must call the school management into the classroom, who will definitely find ways to solve the problem described. Independent educational measures are not allowed here.

Does a teacher have the right to take away a student’s phone?
Relationships should formally be built on the basis of professional teaching ethics. School teacher, especially in primary school, must understand that he will have to work in not the easiest conditions. But despite this, it is impossible to apply independent measures of influence towards students. This is stated in the dispositions methodological recommendations No. 351-FZ (MoD November 2016). Therefore, you cannot take your phone away, even during class.

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In this regard, parents are wondering whether a teacher has the right to take away a student’s phone, does the article provide for liability for this action? First of all, there is no such article. Secondly, the teacher must contact the school management with a description of the current problem.

Is it legal to raise your voice at students?
Parents are also wondering if a teacher has the right to raise his voice to a student? Unlike other grounds, this should not be treated too categorically. If a specialist shouts at a child during the educational process, without getting personal and without direct insults, then this will not be considered a violation.


What does a teacher have no right to do in relation to a student?

Actions that are unacceptable within any school are expressed as follows:

no offensive remarks should be made;

exert physical influence;

put in a corner;

expel from the classroom;

take away (even during the lesson) personal belongings - phones, toys, players, and other devices;

shouting while withdrawing from the educational process;

show a personal attitude towards the child, bypassing educational process.

A specialist does not have the right to do these actions in any school in the Russian Federation.

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Responsibility for insulting a student

Such liability may consist of a one-time disciplinary action. If these violations are already systematic, then the law in this case implies liability in the form of direct expulsion from the school staff.

Therefore, the question as to whether a teacher has the right to insult a student in front of the whole class is in itself inappropriate. Direct insults towards a student are not allowed either in private or in front of the whole class.

Responsibilities of a teacher at school under the new education law
The relevant law (351-FZ) underwent the latest changes in November 2016.

In accordance with them, teachers, as part of their formal activities, bear the following conditional responsibilities:

work to transfer knowledge within the scope of their qualifications;

evaluate the efforts, diligence, and other qualities of students only according to objective criteria;

do not use any subjective knowledge assessment schemes;

in case of violations, do not take independent actions;

beyond the boundaries outlined in the job description, and immediately contact the management of the conditional school.

To have a right

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Rights and responsibilities of a teacher The work of a teacher cannot be called easy. There are situations when the teacher is wrong, there are times when parents get carried away. Let's take a look at the rights and responsibilities of teachers in order.

A teacher, class teacher has the right to:

4.1. Protection of professional honor and dignity (Law of the Russian Federation “On Education”, Article 55, paragraph 1, Model Regulations on in general educational institution(approved by Decree of the Government of the Russian Federation of March 19, 2001 No. 196) clause 64)

4.2. Protection of human dignity if it is violated by the administration, the student or his parents (legal representatives). (Constitution of the Russian Federation, Art. 23, paragraph 1)

4.3. Participation in the management of the school in accordance with the School Charter.

Model regulations on a general education institution (approved by Decree of the Government of the Russian Federation of March 19, 2001 No. 196) clause 64)

4.4. Expressing in a correct form (orally or in writing) critical comments about the activities of any employee of the school or education system, as well as claims and comments to the child in a sensitive manner. (Model regulations on a general education institution, paragraph 57)

4.5. Conditions for the implementation of the educational process, obtaining a workplace equipped in accordance with sanitary and hygienic standards and labor protection standards, equipped with the necessary benefits ( Labor Code RF, Art. 22).

4.6. Nominating oneself for any elective position in the teaching staff. (Model regulations on a general education institution (approved by Decree of the Government of the Russian Federation of March 19, 2001 No. 196) paragraph 64)

4.7. Freedom to choose and use teaching and educational methods, teaching aids and materials, textbooks. (UNESCO Recommendation dated October 5, 1966 “On the situation of teachers”, paragraphs 35, 65; Law of the Russian Federation “On Education”, Article 55 paragraph 4, Moscow Law dated June 20, 2001 No. 25 “On development of education in the city of Moscow", Article 14, Model Regulations on a General Educational Institution (approved by Decree of the Government of the Russian Federation of March 19, 2001 No. 196) paragraph 65).

4.8. Freedom to choose methods for assessing students' knowledge. (UNESCO Recommendation of 10/05/1966 “On the position of the teacher”, paragraph 65; Law of the Russian Federation “On Education”, Article 55, paragraph 4, Moscow Law of June 20, 2001 No. 25 “On the development of education in the city Moscow", Article 14, Model Regulations on a General Educational Institution (approved by Decree of the Government of the Russian Federation of March 19, 2001 No. 196) paragraph 65)

4.9. Setting requirements for student behavior in the classroom. These rules must not infringe on the dignity of the student and contradict the School Charter and these Rules. (Convention on the Rights of the Child, art. 3, 19)

4.10. Refusal of administrative orders not related to the fulfillment of one’s own job responsibilities and specific obligations.

4.11. Confidentiality of the disciplinary investigation, except in cases leading to a prohibition from practicing pedagogical activity, including when necessary to protect the interests of students; gets acquainted with complaints and other documents containing an assessment of his work and provides explanations for them. (UNESCO Recommendation of October 05, 1966 “On the situation of teachers”, paragraphs 39, 46,47,50,68; Law of the Russian Federation “On Education”, Article 55 paragraph 3)

4.12.Creativity, initiative in mastering educational and developmental programs. (UNESCO Recommendation of October 5, 1966 “On the Status of Teachers”, paragraph 61; Law of the Russian Federation “Education”, Article 55 paragraph 4, Moscow Law of June 20, 2001 No. 25 “On the development of education in the city of Moscow ", Article 14, Model Regulations on a General Educational Institution (approved by Decree of the Government of the Russian Federation of March 19, 2001 No. 196) clause 65)

4.13. Appeal individually or as part of a group of persons to the Commissioner for the Rights of Participants in the Educational Process, as well as to any higher authorities with statements, suggestions, complaints. (UNESCO Recommendation of October 5, 1966 “On the Status of Teachers”, paragraph 50; Constitution of the Russian Federation, Article 33, the federal law dated May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” Art. 2 p. 1)

4.14. Warning about changing lessons in advance.

4.15. Time off for work on weekends and holidays, wages in non-working days double the amount in accordance with the legislation of the Russian Federation. (Labor Code of the Russian Federation, Art. 153)

4.16.Protection from unjustified interference of the student’s parents (legal representatives) in the teacher’s professional responsibilities. (UNESCO Recommendation of 05.10.1966 “On the situation of teachers”, paragraph 67)

4.17. Require: - from parents (legal representatives) to attend parent-teacher meetings, to create normal conditions for the child’s studies ( workplace, daily regime); (Family Code of the Russian Federation, Article 63, paragraph 2, Law of Moscow dated March 10, 2004 No. 14 “On general education in the city of Moscow”, Art. 17 clause 4, Model regulations on a general education institution (approved by Decree of the Government of the Russian Federation of March 19, 2001 No. 196) clause 60) - from students compliance with the Rules school life.

4.18. Do not allow students to attend classes physical culture without a sports uniform (the student in this case is in gym under the supervision of a teacher).

The teacher is obliged:

5.1. Work honestly and conscientiously, fulfill the duties specified in job descriptions, employment contracts, collective agreements, school charter, internal regulations, comply with occupational safety and health requirements, industrial sanitation and hygiene, fire safety. (UNESCO Recommendation of October 5, 1966 “On the Status of Teachers”, paragraph 70; Model Regulations on a General Educational Institution (approved by Decree of the Government of the Russian Federation of March 19, 2001 No. 196) paragraph 67)

5.2. Behave with dignity, comply ethical standards behavior, be attentive and polite with students, parents and members of the school staff, be an example for students. (UNESCO Recommendation of 05.10.1966 “On the situation of teachers”, paragraphs 1, 6)

5.3. Respect the child’s personality and human dignity. (Convention on the Rights of the Child, art. art. 2, 12-17, 19)

5.4. Respect students' rights to express opinions and beliefs. (Convention on the Rights of the Child, art. 12, 13)

5.5. Maintain discipline based on respect for the human dignity of students using methods that exclude physical and mental violence. (Convention on the Rights of the Child, Article 19, Model Regulations on General Educational Institutions (approved by Decree of the Government of the Russian Federation of March 19, 2001 No. 196) paragraph 57, Law of the Russian Federation “On Education”, Article 15, paragraph 6)

5.6. Systematically increase your professional level, use modern techniques training. (Model regulations on a general education institution (approved by Decree of the Government of the Russian Federation of March 19, 2001 No. 196) paragraph 67)

5.7. News in in the prescribed manner accounting and pedagogical documentation, timely submit reporting data to the school administration.

5.8. Post grades in the class journal and student diary in a timely manner.

5.9. Evaluate the student's response, not the student's personality. (UNESCO Recommendation of 05.10.1966 “On the situation of teachers”, paragraph 65)

5.10. Try to find positive aspects in the work of each student.

5.11. Be on duty around the school in accordance with the schedule approved by the school principal. (Regulations on the peculiarities of working hours and rest time for teaching and other employees of educational institutions. Approved by Order of the Ministry of Education and Science of the Russian Federation dated March 27, 2006 No. 69, clause 2.3.)

5.13. Take precautions to prevent accidents with students. Be responsible for the life and health of students during the lesson. (UNESCO Recommendation of 10/05/1966 “On the status of teachers”, paragraph 69, Regulations on the investigation and recording of accidents with students and pupils in the State Education system of the USSR, approved by order State Committee USSR on public education dated October 1, 1990 No. 639, clause 1.12)

5.14. Let your child leave school during classes only if there is a note from the parents or a certificate nurse(doctor). In unforeseen cases, this step must be agreed upon with the student’s parents (legal representatives). (UNESCO Recommendation of October 5, 1966 “On the Status of Teachers”, paragraph 69, Moscow Law of March 10, 2004 No. 14 “On General Education in the City of Moscow”, Article 17 paragraph 2 paragraphs. 4) 5.15. Regularly take free medical examinations. (Moscow Law of June 20, 2001 No. 25 “On the development of education in the city of Moscow”, Article 8, paragraph 5)


Responsibilities of the class teacher:

Order of the Ministry of Education and Science of the Russian Federation dated February 3, 2006 No. 21 “On approval of Methodological Recommendations on the implementation of the functions of a class teacher by teaching staff of state educational institutions of the constituent entities of the Russian Federation and municipal educational institutions”

7.1. Respect the rights and freedoms of students.

7.2. Maintain close contact with the student’s parents (legal representatives), conduct consultations and conversations with them.

7.3. Promptly notify parents (legal representatives) about parent-teacher meetings.

7.4. Post student grades in a diary at least once a week.

7.5. Conduct cool watch(1 hour per week; one of them once a month is devoted to analyzing the dynamics of academic performance and behavior of class students).

7.6. Promote the creation favorable conditions For individual development and moral formation of the child’s personality.

7.7. Contribute to the formation and development of the class teacher.

7.8. Make the necessary adjustments to the system of student education.

7.9. Contribute to the creation of a favorable moral and psychological climate for each student.

7.10. Help students solve problems that arise in communicating with classmates, teachers, parents (legal representatives)

7.11. Facilitate obtaining additional education by students.

7.12. Organize with students extracurricular activities, excursions of educational and educational nature.

7.13. Make proposals to improve and improve the conditions of the educational process.

7.14. Organize the study by students and pupils of labor protection rules, regulations traffic, behavior at home, etc.

7.15. Promptly notify the school administration about each accident, take measures to provide first medical aid first aid.

7.16. Be with your class during school events.

7.17. Monitor the progress of each student and their attendance training sessions. The teacher is prohibited:

8.1. Apply measures of physical and mental violence to the student. (Law of the Russian Federation “On Education”, Art. 15. Clause 6, Model Regulations on a General Educational Institution (approved by Decree of the Government of the Russian Federation of March 19, 2001 No. 196) Clause 57)

8.2. Late for a lesson. (Labor Code of the Russian Federation, Art. 21) 8.3. Kick a student out of class. (Constitution of the Russian Federation, Art. 43)

8.4. Give a grade in the journal not for the answer, but for the student’s behavior. (UNESCO Recommendation of 05.10.1966 “On the situation of teachers”, paragraph 65)

8.5. Assign homework during the holidays in grades 1-11 and on weekends in grades 1-4, except reading fiction. (Convention on the Rights of the Child, Art. 31; Resolution of the Chief State Sanitary Doctor of the Russian Federation dated November 28, 2002 No. 44 “On the implementation of sanitary and epidemiological rules and regulations SanPiN 2.4.2.1178-02”, clause 2.9.19)

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Parents of students often wonder about the relationship between the teacher and his students. In the Russian Federation, the pedagogical segment operates on the basis of a professional charter, which has federal significance. Therefore, education workers - teachers carry out their activities in accordance with its provisions.

What rights and formal responsibilities school teachers have will be discussed below.

What rights does a teacher have at school in 2018?

In any educational organization, a proper education program implies the following preferences for school teachers:

  • receive commensurate monetary remuneration, according to existing qualifications;
  • have all the basic conditions for the provision of educational services;
  • count on assistance in organizing the educational process from the head of the school;
  • enjoy all social and material guarantees calculated by law for the budget category;
  • receive allotted leave in accordance with the work schedule.

Does a teacher have the right to kick a student out of class?

Such a right in relation to a teacher is not enshrined anywhere. If a student systematically violates discipline, or by his actions interferes with the educational process, then the school teacher in these cases will not be able to expel him from the class. This is a violation of the formal job description, which may result in sanctions against the specialist.

Instead of expelling a student from the class, thereby disrupting the educational order, the specialist should call the school management into the class, who will definitely find ways to solve the problem described. Independent educational measures are not allowed here.

Read about the curfew in St. Petersburg for minors

Does a teacher have the right to take away a student’s phone?

Relationships should formally be built on the basis of professional teaching ethics. A school teacher, especially in primary school, must understand that he will have to work in not the easiest conditions. But despite this, it is impossible to apply independent measures of influence towards students. This is stated in the dispositions of methodological recommendations numbered 351-FZ (MoD November 2016). Therefore, you cannot take your phone away, even during class.

In this regard, parents are wondering whether a teacher has the right to take away a student’s phone, does the article provide for liability for this action? First of all, there is no such article. Secondly, the teacher must contact the school management with a description of the current problem.

Is it legal to raise your voice at students?

Parents are also wondering if a teacher has the right to raise his voice to a student? Unlike other grounds, this should not be treated too categorically. If a specialist shouts at a child during the educational process, without getting personal and without direct insults, then this will not be considered a violation.

Instructions on labor safety at school can be studied and downloaded for free

What does a teacher have no right to do in relation to a student?

Actions that are unacceptable within any school are expressed as follows:

  • no offensive remarks should be made;
  • exert physical influence;
  • put in a corner;
  • expel from the classroom;
  • take away (even during the lesson) personal belongings - phones, toys, players, and other devices;
  • shouting while withdrawing from the educational process;
  • show a personal attitude towards the child, bypassing the educational process.
  • A specialist does not have the right to do these actions in any school in the Russian Federation.

Responsibility for insulting a student

Such liability may consist of a one-time disciplinary action. If these violations are already systematic, then the law in this case implies liability in the form of direct expulsion from the school staff.

Therefore, the question as to whether a teacher has the right to insult a student in front of the whole class is in itself inappropriate. Direct insults towards a student are not allowed either in private or in front of the whole class.

Responsibilities of a teacher at school under the new education law

The relevant law (351-FZ) underwent the latest changes in November 2016.

In accordance with them, teachers, as part of their formal activities, bear the following conditional responsibilities:

  • work to transfer knowledge within the scope of their qualifications;
  • evaluate the efforts, diligence, and other qualities of students only according to objective criteria;
  • do not use any subjective knowledge assessment schemes;
  • in case of violations, do not take independent actions;
  • beyond the boundaries outlined in the job description, and immediately contact the management of the conditional school.

With the co-chairman of the “Teacher” trade union, Vsevolod Lukhovitsky, to remind that teachers have not only responsibilities, but also rights that can and should be protected.

There are three points that determine the specifics labor relations, in which the teacher participates as an employee.

First point. Legally, the teacher’s employer is the school director, with whom the agreement is concluded. employment contract. But, since the director himself is hired by the region or municipality, the state actually turns out to be the teacher’s employer. At the same time, it formally avoids direct negotiations with workers, and workers do not have the opportunity to influence the real owner.

The second point is the prevailing idea in society of a teacher not as a hired worker, but as an educator and ascetic. This perception makes it difficult to have a public conversation about the “mundane” issue of respecting teachers’ labor rights. It can be difficult to convince both society and the workers themselves of the legitimacy of demands such as increasing salaries for teaching staff.

Third point. In Russian schools the patriarchal model of relations is strong, when labor collective is considered as a family, and the director is the “head of the family”, and everyone moves together towards the high goal of educating the individual. With this approach, it is difficult to defend your “selfish” position as an employee, demanding improved working conditions.

2. With which ones? labor conflicts what does a teacher have to face?

One of the most difficult problems is the regulation of working hours. Defined by law work time teaching staff- up to 36 hours a week, while the teacher is not required to be at school all this time. But not all directors take this into account and often require the employee’s presence within the educational institution during this time.

In addition, there is the concept of an irregular part of working time, which allows you to “load” a teacher with a large amount of work without additional payment.

In addition, the law does not stipulate a “ceiling” on the number of teaching hours. Therefore, a teacher can be forced to teach lessons 44 hours a week and not be paid for them as overtime.

Another problem is vagueness. job descriptions. “Thanks to” this, teachers often try to use different departments to solve their problems, collecting information about students or ensuring attendance at various meetings.

The huge bureaucratic burden on teachers in the form of multiple reports and difficulties in obtaining compensation for work on the Unified State Examination are also a consequence of a vague interpretation of responsibilities.

3. Can a teacher refuse to do any work?

A teacher may, referring to the Law “On Education in the Russian Federation,” submit a written statement to the director that he will not fulfill this work(for example, attending an event) because it is not within the scope of his job responsibilities. As a rule, no director will officially refute such a statement. Of course, yours labor rights It’s easier to defend if you have like-minded people in your team or an independent trade union behind you.

4. How can a teacher protect himself from unjustified demands?

If the school administration tries to make unjustified demands on the teacher using internal school regulations, this can be fought, again, by uniting.

5. Is the school principal so “comfortable”?

The school director finds himself between two fires: hired workers and the actual owners (municipality or region). At the same time, a short-term employment contract was concluded with him - for 1-3 years. After this period, the employer, represented by the state, may, without giving reasons, not renew the contract with the “inconvenient” director. Therefore, the only reliable “means of protection” for directors is active teachers and parents, who, by uniting and causing public outcry, can prevent the dismissal of their favorite directors.

6. Are teachers ready to fight for their labor rights?

The deterioration of the socio-economic situation leads to the fact that teachers begin to more actively defend their rights (for example, advocating for a revision of the remuneration system). But the ability to unite to solve problems is poorly developed among educators. Since the teacher, by the nature of his work, is an individualist, accustomed to relying only on himself during a classroom lesson, it can be very difficult to convince him that in order to protect his rights it is important to consolidate with others.

In the elementary grades, the teacher seems omnipotent to children. But the further they go, the more they begin to learn about their rights. And sometimes abuse them. So what is a teacher not entitled to, even if he does it? A little study of the laws, a little help from the Internet, and this is what happens.

Apply measures of physical and mental violence to the student

It is forbidden. This is stated in the Law of the Russian Federation “On Education”, Art. 15. clause 6, Model regulations on a general education institution (approved by Decree of the Government of the Russian Federation of March 19, 2001 No. 196) clause 57

“Discipline in an educational institution is maintained on the basis of respect for the human dignity of students, pupils, and teachers. The use of physical and mental violence against students is not permitted.”

Mental violence means threats and any swearing.

Late for a lesson

It is forbidden. Labor Code of the Russian Federation, Art. 21

The employee is obliged:

fulfill your duties conscientiously job responsibilities assigned to him by the employment contract;

comply with internal labor regulations;

observe labor discipline;

fulfill established standards labor.

Kick a student out of class

It is forbidden. Constitution of the Russian Federation, art. 43

In Part 1 of Art. Article 43 recognizes the right of every person to education in accordance with the Universal Declaration of Human Rights (Article 26) and the International Covenant on Economic, Social and Cultural Rights (Article 13).

The right to education is a person’s right to receive a certain amount of knowledge, cultural skills, and professional guidance necessary for normal life in modern society.

Give a grade in the journal not for the answer, but for the student’s behavior

And if your grade was lowered for something you suggested in class, it was illegal.

Paragraph 65 of the recommendations: “Teachers should be free to use the methods they consider most appropriate for assessing student performance, but there should be no injustice to individual students.”

Assign homework during the holidays in grades 1-11 and on weekends in grades 1-4, except for reading fiction

It is forbidden. Convention on the Rights of the Child, Art. 31; Resolution of the Chief State Sanitary Doctor of the Russian Federation dated November 28, 2002 No. 44 “On the implementation of sanitary and epidemiological rules and regulations SanPiN 2.4.2.1178-02”, clause 2.9.19

Article 31 of the Convention:

"1. States Parties recognize the child's right to rest and leisure, the right to participate in games and recreational activities appropriate to his age, and to participate freely in cultural life and the arts.

2. States Parties shall respect and promote the right of the child to full participation in cultural and creative life and promote the provision of appropriate and equal opportunities for cultural and creative activities, leisure and recreation.”

Take a pack of cigarettes from a student and put it in your pocket

It is forbidden. It is impossible to take something away from another person and put it in your pocket, that is, to appropriate it. Even if it's a pack of cigarettes or chewing gum. But the teacher is obliged to inform parents that their child carries cigarettes with him to school. It goes without saying that in this case we are considering a situation where the student is in this moment I do not smoke.

A student who smokes at school violates his own established prohibitions, and various measures of influence provided for by the school’s Charter may be applied to him, but even in this case, cigarettes cannot be taken away. The offender may only be asked to voluntarily throw them away or give them to the teacher for subsequent transfer to parents.

It is forbidden. A child, like any citizen of Russia, has the right to personal privacy. This right is also enshrined in the Constitution and is one of the fundamental human rights. Therefore, not only the teacher, but also other people, for example classmates, do not have the right to read other people's notes and, especially, to disclose their contents. But in order for the note to fall into the hands of the person to whom it is addressed, you probably should not abuse the teacher’s patience and try to pass it on during class or throw it across the class. After all, this is a direct violation of discipline.

Taking away balls from students that they use during recess

It is forbidden. No one has the right to take away items belonging to students. But the security guard, the teacher, and any other school employee not only can, but also must, prohibit playing with balls during recess. Moreover, the Charter of each school contains a provision that students are obliged to maintain discipline and order in school.

Not allowed to go to the toilet from class

But this is a controversial issue.

Firstly, the teacher does not have the right to let the child go to the toilet without personal accompaniment, because In the event of a child’s injury (for example, slipping on the stairs), the teacher himself will bear responsibility.

And secondly, the teacher does not have the right to leave the class unattended during the lesson (for the same reasons).

From what was written above, it follows that the teacher has no other choice but to not allow him to go to the toilet during lessons. However, if a child has certain medical conditions (enuresis, pyelonephritis and other officially confirmed diseases of the genitourinary system), the teacher is obliged to let him out to the toilet.

There are breaks between lessons to go to the toilet.

Tricky question

The student is 15 minutes late, and he is allowed into class because he cannot be kicked out of class. They launch it, but many children are distracted. And thus their right to education is violated.

Dear students, of course, you have the right to demand and achieve compliance with all laws and regulations by the teacher. But at the same time, think for yourself whether you are breaking these laws. Did you get yelled at because you were loud and misbehaved? Yes, this is a violation of the law, but it happened after another violation - you did not give other students the opportunity to realize their right to education.

When you talk about how many laws the teacher has broken, think about how many you have broken yourself!

S. Burmistrova