The teacher does not have the right to the laws of the Russian Federation. The right to respect for human dignity in school

Basic teacher's responsibility is to convey certain information to the student in a form accessible to him, in addition, the teacher must cultivate certain qualities in the student: discipline, a desire for self-learning, cultivate moral and volitional qualities, in general, form the child as a person.

Student responsibilities: attend all lessons (missing classes only for good reasons, with a written explanation, if possible - with documentary evidence), complete homework assignments, listen to the teacher in class and fulfill the teacher’s requirements, behave at school according to the rules established by the school administration , take part in the life of the school.

The school administration is obliged to involve children in the life of the school, to stimulate successful children and children who defend the honor of the school at Olympiads and sports competitions. Her responsibility is also to monitor compliance with the rules of conduct on school grounds and the conduct of events within the school. Identify and develop children’s talents at intra-school events.

The teacher has the right punish the child with an assessment, leave him after school to explain poorly understood material. Photo: Depositphotos

Students have the right ask to replace the teacher if they prove the teacher’s inability to convey certain material; otherwise, they have the right to write a complaint to the school administration against the teacher for exceeding their authority or prejudiced attitude.

The school administration has the right expel a student for violating the disciplinary regime, for failure to comply with the standards of behavior and rules established by the school administration, for systematic violation of safety rules.

In some educational institutions, it is customary to blame the teacher for all incidents. Basically, the school administration believes that the teacher is guilty, since he allowed a similar situation to happen in his lesson. Although on the other hand, there are certain requirements that the student must fulfill.

There is another type of educational institutions: where the teacher is always right. Discipline and order always reign in such institutions. But over time, teachers can exceed their authority: yell at the student (not raise their voice, but scream), insult, hit the student’s fingers with a pointer or hit them in the face with a notebook... This greatly affects the child’s psyche. Such children are potential clients of psychologists and psychotherapists.

Both the first and second examples of educational institutions are extreme. The administration is a kind of judge who must carefully understand the situation before making a charge. And in no case should one rush to punishment, especially if a child is guilty. First, a school psychologist should talk to the child to find out the reason for this behavior, and only then prescribe punishment.

The ideal structure of the educational process is the strict fulfillment of their duties and knowledge of their rights by the teaching staff and students of the educational institution, with careful control of the administration and the interest of parents in the progress of their children.
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But so far she has not mentioned his rights and responsibilities. He has a lot of responsibilities, and they are usually described in a few words, for example: “organizing the education and upbringing of children.” And you have no idea how much is behind these four words.

But still, despite the fact that I greatly respect and constantly defend teachers (I know their work firsthand), I want to write about the wrong actions, prohibitions, and responsibilities of teachers. I will also send my children to school.

The rights and responsibilities of teachers are prescribed by law “On education in the Russian Federation”, in the teacher’s job description, so I will not repeat them in a form that no one reads (in an official business style). I’ll try to describe it in my own words, with comments and examples from life.

Immersion in the life of a teacher

Imagine a room. The teacher stands in the middle. He is surrounded on all sides by someone: children, parents, school administration, higher authorities in the field of education (Gorono, education department, ministry of education of the region and the state). Everyone needs something from him:
1) children– rigor (but at the same time freedom), interesting lessons, less homework, kindness, understanding, modern views, erudition in all areas, etc.
2) parents– children’s competence, wisdom, strong knowledge, a lot of free time to solve their children’s problems, quickly checked notebooks and daily grades, an individual approach to their child, etc.
3) administration – accurately and on time completed reports on educational and educational work, timely completed journals, every minute readiness to carry out any assignment (hold a meeting, concert, take children to the Olympics, show the ideal class to inspection bodies), readiness to replace sick colleagues (even though you have 7 of your own lessons, well, never mind, you’ll teach 3 more), etc.
4) higher authorities – willingness to submit detailed reports on progress in their classes, the ability to “make candy out of nothing” (from an office without renovation, good furniture, a computer, etc. on their own (grants) or with the help of parents to make a well-equipped classroom), because the money for there is no school in the budget again, etc.
In addition to all the above “nonsense”, the teacher also has responsibilities and prohibitions that he must constantly think about.
I'll start with what is not allowed, not recommended, etc. Because there are many more prohibitions. Now you have an idea of ​​how a teacher feels when he comes to work every day.

Shouldn't do it, but not yet prohibited

Yes, here you will read, undoubtedly, the wrong actions of the teacher. But on the other hand, this is the only opportunity for a teacher to somehow establish discipline. The teacher is now the most vulnerable worker, but at the same time he is entrusted with a huge responsibility (raising and teaching children). Raise your child to respect the teacher, but you yourself need to understand why the teacher commits these wrong actions against your child.
Put grades in the journal not for knowledge, but for example: for behavior, sloppiness, forgetfulness, tardiness, etc.(i.e. for everything for which they usually give a “two”).
Common practice. She came to our country from the Soviet school, when all of the above “vices” were highly condemned by society, and everyone strived for the ideal - an excellent student (is such a desire still relevant now? You can read in).
Why the teacher is forced to resort to this, you will find out below, after reading about the prohibitions in the work of a teacher.

A case from someone else's practice

I heard a story that one teacher gave two grades because a child forgot his notebook or textbook. I put it in a magazine, with a pen. The child is forgetful and enough such “swans” have accumulated that no matter how hard he tries to study well in the future, he cannot get higher than “3”. The teacher, with good intentions, wanted to eradicate the child’s habit of forgetting school supplies, but in the end he completely killed the child’s interest in the Russian language.

You should not blame the teacher too much and do not throw bad words at this teacher in the presence of the child. It’s worth trying to politely talk to the teacher about this problem or contact the head teacher.

Not allowed to do

The teacher definitely does not have the right to do the following actions, which is also written in the Law “On Education”, and in general is noted as an unlawful action.

  • insult (for a certain category of children, even such innocent words as “fool”, “stupid”, “stupid”, etc. could leave trauma, lower self-esteem, lead to);
  • hit a child (previously you could hit with both your fist and a ruler; it was believed that this even helped. I won’t argue; I often wanted to do something similar, but I had to restrain myself; nothing good would come of it);
  • influence the psyche (this is rare, I think, but it is much more dangerous than even a physical one; a scratch or bruise will heal, but constant attacks on the psyche can last almost a lifetime).

It is worth mentioning one more point that all parents already know about

  • collect money on your own initiative or at the request of the administration schools(if your school is collecting money and you don’t know what to do, then read). Collection of money is possible only on behalf of parents (for convenience, through children).

How are they

It’s good that in our school you can still scold and shout at people. This is the only thing left for teachers. For example, in Germany, if a teacher raises his voice, he will almost commit a crime against the individual and will be held accountable for it. There, the teacher certainly has absolutely no rights other than trying to teach and educate. And the children there are no calmer than ours.

The teacher is obliged

  • teach (create high-quality lessons every day, check notebooks, work, etc.);
  • educate (during the lesson);
  • monitor the health of children (ventilate the office, monitor their posture, if their health condition worsens, send them to a first-aid post or hospital, home, etc.);
  • observe pedagogical ethics (and this includes a lot: always be polite, open, be an example for students at school and at home (there were cases when teachers posted photos of drinking parties on social networks), etc.

It is also worth noting in addition to all of the above that, in fact, any action by a teacher that seems to a child or parent to be incorrect can be filed with the school administration. She will already decide whether it is really wrong, or whether it is a child’s fantasy or a parent’s whim.

Advice to a wise parent

If a conflict arises, you always need to look into it in detail and find out the opinions of both sides. In any conflict, both are to blame in one way or another. Only an impartial investigation will help avoid big problems.

Now I want to return to what was said above, saying why the teacher is forced to give bad marks for behavior and ugly handwriting. It’s just that this is the only thing left for him after all the prohibitions, responsibilities and anti-recommendations for establishing discipline in the class. Now everyone is pumping up their license, but they forget that they come to school to learn, and not to defend the uniqueness of their personality. I don’t argue that teachers are different, but most continue to work under hellish stress, fending off teenagers’ attacks instead of teaching interesting and useful lessons.

At the end of this article I left the teacher’s rights, which seem to exist, but no one really respects them.

Teacher's rights

Teacher has the right to a reduced working day (after all, you still need to check notebooks, prepare for lessons, meet with parents, in the end there should be something left for yourself), and they announce to him that he has irregular working hours (which is not stated in the contract - hence a violation under the labor code) - nothing, we endure.
Teacher has the right to protection of his honor and dignity, protection – as a result, any “brat” can send a teacher, but will not receive any punishment for it.
Teacher has the right to protection of his health while working – but stress alone during each lesson (especially in difficult classes) gradually leads to very serious illnesses (even cancer).
Teacher has the right to refuse administrative assignments that are not related to the performance of his official duties, for example, holding concerts, making repairs, etc. But if you refuse, then the administration will start to find fault with you in full.

Teacher has the right to NON-INTERFERENCE in his professional activities from his parents , but at the same time he is constantly told how to teach their children, how to test their knowledge, how to evaluate them, etc.

Dear parents!

If you are not satisfied with something, then tell the teacher in a polite manner, unobtrusively, as a recommendation, tell us what you are not satisfied with. Kindness and politeness almost always attract attention, and a wise teacher will definitely listen to you. The main thing is not to swear or speak in an orderly tone.

What can be concluded? A teacher has enormous responsibility, enormous duties, prohibitions, and practically no rights (they are constantly violated). And the only thing he can hope for is when he so wants to teach children, to help parents in their upbringing, when you see this as your calling - to hope for the understanding and kindness of parents, for the education of children. He cannot cope without you, dear parents. Help the teacher, start educating yourself and your children, then no one will defeat our country.

Information from the website of teacher Anokhina V.M.

What rights should a school provide to students?

All relationships between the student and the school are built on the basis of the Law of the Russian Federation “On Education” and the School Charter. In accordance with these regulations, the Constitution of the Russian Federation, other laws, - norms of international law, every student has the rights to: - respect for their human dignity; - receiving free secondary education; - participation in school management; - expression of one’s opinion; - receiving additional (including paid) educational services; - free attendance at events not provided for by the curriculum; - choosing, together with parents, the form of education; - transfer to another educational institution.

What are the rights and responsibilities of the class teacher in relation to the students of the class?

The class teacher is not a guardian, not a nanny, not an entertainer. He is the school's representative in its relationship with your parents. The class teacher informs them about all the events happening in the school and class. It is the class teacher who informs your parents about your academic progress, missed lessons, behavior, relationships with friends and much more that is related to your life at school. The class teacher organizes the educational activities of the class, is responsible for filling out the class register, he has the right to hold class and parent meetings, invite parents to a conversation, keep entries in your diary, and even come to your home to talk with you and your parents.

Can a teacher interfere in a student's personal life?

Does a teacher have the right to discuss a student’s personal problems with colleagues?

A teacher should not discuss a student’s personal problems with other teachers to satisfy his own curiosity. However, there are laws, for example, the Law of the Russian Federation “On Basic Guarantees of the Rights of the Child in the Russian Federation,” which require schools to intervene in the lives of children in difficult life situations, socially dangerous situations (living in dysfunctional families, committing offenses, etc.) . Here, discussing the student’s problems with colleagues is simply necessary, but this should be done solely in the interests of the child, without infringing on his rights and to the extent permitted by law.

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.

Can a teacher share personal information about a student, discuss extracurricular behavior and personal problems in front of the class?

The teacher does not have the right to disseminate (including discuss) information about the relationships in the student’s family, the state of his health and the health of his parents, his views, affections and hobbies, his property, parents’ earnings and much more that is not directly related to studies and behavior at school.

Does the class teacher have the right to force students to go to the theater with the class?

The class teacher does not have the right to force students to visit the theater, museum, zoo and other similar institutions. The Law of the Russian Federation “On Education” states that students of civilian (non-military) educational institutions have the right to freely attend events not provided for in the curriculum and class schedule. The curriculum in this case is an official document approved by the school administration, which contains a list of all subjects taught at the school and the number of hours of teaching time allocated to these subjects.

Can the class teacher force a student to be responsible for something in class, such as carrying a class magazine, against his will?

Anything that goes beyond the scope of the school’s educational program, including the involvement of students in work, is not permitted without the consent of the students and their parents. Students can be responsible for duty, wear a class register, and organize extracurricular activities only with their consent and with the consent of their parents.

Is the student required to clean the school grounds?

In the school charter, in the section Student Responsibilities, there is a clause about the obligation to participate in self-service work, which includes one-time “general” cleaning of the school and its territory.

If a student spoils a good relationship with a teacher, can he be expelled from the class (school)?

A damaged relationship with a teacher is not a reason for expelling a student from the class and, especially, from the school. Transfer of a student from one parallel class to another is carried out only with the consent of the parents or at their request. We should also not forget about your right to express your own opinion. Let me remind you that the opinion of a child who has reached the age of ten must be taken into account when deciding an issue affecting his interests. And you can expel from school only for committing illegal actions, gross and repeated violations of the school’s Charter, and only for someone who is already fourteen years old.

Does a student have the right to transfer from class to class?

Yes. Such a transfer is carried out upon a written application from the student’s parents.

Who can transfer a student from a class to another parallel class or from group to group?

The issue of transfer from class to class or from group to group (in a foreign language) is decided only by the school director with the consent or at the request of the student’s parents.

Does the school have the right to introduce paid educational services?

The right to organize paid additional educational services for schools is granted by the Law of the Russian Federation “On Education”. These can be various clubs, sports sections, studios, courses, classes in which are not included in the school curriculum. You have the right to use these services. It is a right, not an obligation. Everything that you are required to learn at school in accordance with the school curriculum is taught free of charge. The organization of paid educational services must be properly formalized. Our school can provide paid educational services, as it has permission (license) to do so. An agreement for the provision of these services is signed with parents. It goes without saying that such an agreement can be terminated at any time at the request of the parents.

Are parents required to pay for paid lessons if the student did not attend due to illness?

According to the Law “On the Protection of Consumer Rights,” payment is made only for the service performed (including additional educational services provided by the school).

Does the school have the right to conduct exams in non-graduating classes?

The right to establish the procedure for conducting intermediate certification of students (for example, to introduce exams) belongs to the school according to its Charter in accordance with the Law of the Russian Federation “On Education”.

Are teachers required to provide extra tutoring to low-performing students or those who miss classes due to illness?

It is the right, not the responsibility of the teacher, to provide additional instruction to those who are failing or who have missed classes due to illness. The teacher is not paid for this work.

Is a student required to sit in the gym during a physical education lesson if he is exempt from classes for health reasons for several days and has a medical certificate confirming this?

The student is exempt from physical education classes, and not from attending class. The school is responsible for the life and health of students during their stay at school, that is, during the time allotted for all lessons on a given day in accordance with the schedule. Therefore, it is impossible to simply allow a student to leave lessons for unknown destinations. This issue is decided by the school director at the request of parents.

Can a student take classes from another teacher in a subject?

Theoretically it can. But how can you do this practically, without missing scheduled lessons in your class, the attendance of which is mandatory? In addition, it is necessary to obtain consent for this from the teacher and the school principal.

Does the student have the right to take the exam externally for the current year? Can he choose the examiner himself?

Yes. Externship involves independent, including accelerated, development of general education programs in individual subjects and classes, followed by passing exams at an educational institution. The procedure for conducting intermediate examinations is determined by the school charter. To conduct the final certification, the head of the educational institution issues an order to create an examination committee, which includes the chairman, a teacher in the given subject, and an assistant.

Does a teacher have the right to give a student a grade of “2” for not being in class?

Any grade is an indicator of the student’s level of knowledge in the subject, so the teacher has no right to give a bad mark for absence from class. But if a student missed a lesson without good reason, and there was a test during the lesson, then a grade of “2” can be given for the work that was actually not completed.

Is there a behavioral assessment?

There is currently no official behavioral assessment.

Should a teacher inform parents about student misconduct at school?

The student’s parents, on the basis of the law, 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. Parents have a priority right to raise their children over other people. From this, as you guessed, it follows that teachers are obliged to report children’s misdeeds to parents.

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 kicking a student out of the classroom, thereby disrupting the educational order, the specialist should call the school management into the classroom, 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 at a student? Unlike other grounds, this should not be treated too categorically. If a specialist yells 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 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.


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