Our teachers respected us, they addressed us as “you”
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In some schools, the teachers on duty or the principal who meet the children at school in the morning will wrap up those who show up without change of shoes or out of uniform. Do they have the right to do so? What does the law say?
For work we need
– “The Constitution of the Russian Federation” (adopted by popular vote on 12.12.1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 30.12.2008 N 6-FKZ, of 30.12.2008 N 7-FKZ, of 05.02.2014 N 2 -FKZ, dated 21.07.2014 N 11-FKZ) (hereinafter – the Constitution of the Russian Federation); – Federal Law of December 29, 2012 N 273-FZ (as amended on July 29, 2017) “On Education in the Russian Federation” (hereinafter – the Federal Law “On Education in the Russian Federation”); – “Code of the Russian Federation on Administrative Offenses” of December 30, 2001 N 195-FZ (as amended on July 29, 2017) (as amended and supplemented, entered into force on August 10, 2017) (hereinafter – the Code of Administrative Offenses of the Russian Federation); – Internal labor regulations.
Everyone is familiar with the situations when the on-duty teachers (or the administration) of the school turn home students who came to school without changing shoes / school uniforms, etc.
One can argue for a long time that students must comply with the rules established by the charter of an educational organization, and that they must somehow be forced to comply with these rules and requirements. But all this should take place within the legal framework.
Let’s look at the legality of not being allowed to study without changing shoes / school uniforms, etc. from the point of view of the law.
According to Part 1 of Art. 43 of the Constitution of the Russian Federation, everyone has the right to education. It is impossible to arbitrarily restrict this right, there must be good reasons for this.
In accordance with subparagraph 1 of paragraph 3 of Art. 28 of the Federal Law “On Education in the Russian Federation”, the competence of an educational organization includes the development and adoption of internal regulations for students, internal labor regulations, and other local regulations.
The requirement for students to have replaceable shoes or school uniforms is established in the PTP, with which the students themselves, as well as their legal representatives, must be familiarized.
Now we will study the possible measures of responsibility that can be applied to students for violating the PTP of an educational organization.
And so, according to paragraph 4 of Art. 43 of the Federal Law “On Education in the Russian Federation” for non-fulfillment or violation of the charter of an organization carrying out educational activities, internal regulations and other local regulations on the organization and implementation of educational activities, the following disciplinary measures may be applied to students: – remark; – a reprimand.
Everything, nothing else can be done with the student.
If a student came to an educational organization without a change of footwear, all that can be done is to fix this fact and at the commission for the prevention of negative manifestations (it can be called differently) to consider this misconduct and apply disciplinary measures.
Other types of sanctions for misconduct are not established by law and, as a result, are not subject to application.
Moreover, for the restriction of the rights of students and non-admission to studies, an official of an educational organization is subject to administrative liability in the prescribed manner, provided for in Art. 5.57 of the Administrative Code of the Russian Federation.
When you send a student home for a change of shoes / school uniform, remember that there is a chance to receive a fine of about 10,000 rubles.
And a couple more points
– no local act of the educational organization will indicate such a sanction as non-admission to classes due to the lack of a school uniform / changeable shoes; – what is the likelihood that the director or his deputies, during the check, will confirm their ORAL orders on the application of such a sanction to students and thereby take the blame?
Source – Education Ombudsman project
In winter, the snowdrifts in the Novosibirsk Academgorodok (or, to put it simply, in the Academy) reach human height, but the paths trodden in the forest decades ago still lead from the bus stop to the university buildings. Here, next to the laboratory building of Novosibirsk State University (NSU), there is a FMS, aka fmshuga, aka the Specialized Educational and Scientific Center (SSCC) – a boarding school where there are no ordinary lessons, where real scientists write formulas on the blackboard. and during recess you can go out on the porch and feed the squirrels.
Not quite legal school
The history of the Physics and Mathematics School at Novosibirsk State University, like that of Akademgorodok itself, resembles a brilliant adventure. In 1957, scientists from the capital voluntarily exiled themselves to Siberia to do science there. At about the same time, Academician Mikhail Lavrentyev, the founder of the Siberian Branch of the USSR Academy of Sciences, started thinking about regular replenishment of scientific personnel. This is how the idea of a physics and mathematics school appeared, which would bring together talented children from all over the country. Future students were found pretty quickly: the Olympiad was announced, and the prize-winners were invited to Akademgorodok. But then a small problem arose: formally, there was no school here yet and no one really knew when the government would sign the document on its opening. Then Mikhail Lavrentyev opens a school without any documents – in fact, illegally.
On January 21, 1963, 119 high school students gathered at the Institute of Geology, where Alexei Lyapunov, Corresponding Member of the USSR Academy of Sciences, gave their first lecture. This is how the first academic year at the FMS began.
1963 First lecture at the FMS. Second from left – Gennady Fridman. Photo: sergey.iis.nsk.su
The school appeared on paper only seven months later – in August, the government finally signed a decree on the opening of physics and mathematics schools in Moscow, Leningrad, Kiev and Novosibirsk. In fact, the Novosibirsk PMS became the world’s first boarding school for schoolchildren who are keen on natural sciences.
Gennady Fridman is one of those schoolchildren who came to the opening of the PMS in 1963. Today he is a hero essay assignment well-known Siberian businessman, corr. RANS. 55 years later, together with his school friends, and now academicians of the Russian Academy of Sciences Vasily Parkhomchuk and Yevgeny Kuznetsov, he is back at his school – he is giving an anniversary lecture to today’s students.
2018 Anniversary lecture is delivered by Gennady Fridman. Photo: Anastasia Fedorova
“Everything was unusual then. Those who gathered at the Physics and Mathematics School and those who worked with them were all unusual. They were wonderful scientists. Our teachers respected us, they addressed us as “you”. Moreover, our teachers assumed that these students could do anything, so they did not adapt science for us. We gnawed at it for 12 hours a day, and some more, ”recalls Gennady Fridman and admits that all his successes in politics and business come from the physics and mathematics school.
Children, academics and squirrels
The day at SSC NSU (the new official name of FMS since 1988) starts early. At seven o’clock in the morning, high school students wake up, run to the stadium to do exercises. This tradition is violated only in one case: if the weather is bad. After charging – breakfast in the school cafeteria, across the street from the hostels. Right there, practically in the forest, local squirrels are always on duty: it seems that they do not remain hungry even in winter.