The right to education and general education is one of the most important human rights. Expulsion of a student from school is a measure applied only in the most exceptional cases. Nevertheless, sometimes situations happen in which deductions become inevitable or threaten to happen. For information on how to protect the rights of the child and on what grounds, an exception can be brought into effect in accordance with all legal norms (in other words, for what they can be expelled from school), read this article.
Cases in which a student may be expelled from school
Why can a child be expelled from school? The law āOn General Education in the Russian Federationā spells out a guarantee of obtaining a general secondary full education, the duration of which is 11 years, and in the Federal Law āOn Educationā the same guarantee provides the main 9 years of study. As a result of this, the law of the organization carrying out teaching activities has very few legal grounds for expelling a student from school. Let us consider in more detail the cases in which this is still possible.
The deduction before the due date is feasible solely in accordance with the content of Article No. 61 of the Law on the Education of the Russian Federation, namely:
- In the case when the initiative comes directly from the student or his legal representatives. The reason, for example, may be a transfer to another educational institution.
- If the initiative comes directly from the school: as a rule, such a measure is used as a disciplinary punishment, but only on the condition that the student is already 15 years old.
- When it was discovered that the procedure for admission to an educational institution was not followed, as a result of which the student was enrolled in it illegally and has no right to continue training.
- In those cases that are not dependent on the student, his legal representatives or the educational organization itself. For example, such a case may be its abolition and, therefore, the impossibility of further educational activities.
Can they be expelled from school for poor performance? Yes, more about that below.
Articles in the law
What can they expel from school? In the same article under number 61 it is indicated that an exception as a measure of disciplinary punishment can be made if the student does not fulfill his obligations to familiarize himself with the educational program, and also does not follow the curriculum.
Clause 4 of Article 43 of the same Federal Law clarifies that the application of such a disciplinary measure may be associated with gross violations of the charter of an educational institution, disregard for the rules governing the order within an educational organization, or any other normative acts written directly in each educational institution and establishing those or other organizational and educational systems.
However, it should be borne in mind that the exclusion of the student is possible only if the teaching staff has applied all possible other measures to correct the discipline of the violator. If they were in vain, and the studentās behavior seriously undermines the order of the educational institution, while violating the rights of other children or school workers, only then it is possible to consider the question of expelling the child.
Specific grounds for deduction
If you describe these items in more detail, then this is why a child can be expelled from school:
- Systematic evasion of academic duties: frequent absenteeism or complete disregard for school.
- Systematic disobedience to the charter of the educational organization in a rude form (simple bad behavior or petty hooliganism cannot be attributed here).
- Expelled from school for poor performance. This means that the teenager constantly remains in school for the second year, until he has mastered the nine-year program or until he is 18 years old (valid if he has not crossed the threshold of grade 9). Criteria for poor performance for students who are almost expelled from school (10th grade and 11th) are determined directly by a particular educational organization.
- The student does not allow the educational system inside the school to function as it should, he constantly violates all sorts of orders and rules, and also does not think about the rights of other people. These include violence (both physical and mental), the intentional disruption of academic lessons, the use and distribution of prohibited substances, whether it is alcohol or even drugs, etc.
If a child is attending a paid school, he / she is entitled to be expelled for non-payment of education by parents experiencing problems with their material condition. Try to plan in advance all items of expenditure and generally monitor finances and family budgets to avoid unpleasant situations in which you will be faced with the problem of expelling your child. In this case, the law will be on the side of the educational institution for a fee.
Why can not be expelled from school
With what we can be expelled from school, we figured out. The charter of an educational institution should justify the reasons and regulate the procedure for expelling a student from school. As mentioned earlier, before this, special pedagogical conversations and any other educational procedures should be held with the child, and only if they did not help, he can be expelled from school for behavior. In the event that, even after serious violations and misconduct, the student pleads guilty and apparently corrects himself, he cannot be expelled from school.
It is important to consider that if more than twelve months have passed since the last recorded violation, which entailed a preventive disciplinary procedure, then the principle of repetition is violated and the student may not necessarily worry about the safety of his place of study. However, it is unlikely that at least one student is really worried about this.
For one, even serious violation, an educational institution has no right to get rid of a student. Also excluded from the deduction are:
- conditional conviction;
- pregnancy of a minor student;
- hooliganism on a small scale;
- the studentās inappropriate appearance (bright hair, tattoo, colorful makeup, etc.), if this is not stated in the schoolās charter.
Thus, the answer to the question ācan they be expelled from school for poor progressā - yes, but only in the most serious cases. Make sure that the child does not have any problems. Some tips and other useful information on this subject can be found at the end of the article, so we recommend that you read it to the end so as not to miss anything.
Under no circumstances should anyone be excluded
An educational organization in no case can consider the expulsion of three types of students:
- Those who are not yet 15 years old.
- Those with health have disabilities.
- Those who have problems with mental retardation.
Do they have the right to expel representatives of this list from school? No. These students can apply any measures of punishment and disciplinary action, but they can not be expelled from the institution.
Legal restrictions
Since Russian legislation is obliged to provide citizens of the Russian Federation with a basic nine-year education, the exclusion of a student who has passed the age mark of 15 years and has not received this proper education is coordinated with his parents or representatives, as well as with a special commission for minors. This was done in order to protect the rights of the child as much as possible and confirm the legal grounds for any decision.
Can a child be expelled from school if he is in a special situation? Children without parental care, like orphans, can again be expelled only with the consent of the commission and the guardianship authorities that have joined it. Specify specific organizations involved in a particular procedure during the proceedings, because in different regions different structures may be responsible for the same tasks.
Organization Exclusion Procedure
Even if the student climbs into trouble to the last , in order to exclude him, a huge number of different legal procedures must be carried out. First of all, the school is obliged to demonstrate evidence that educational work did not bring any result, as well as conduct similar conversations with parents. Then, the question of considering the studentās behavior is posed at the pedagogical council, and then at the school. Further, the troublemaker is summoned to the juvenile commission, which must be attended by representatives of the administration of the area in which the problem child is studying.
If all these measures have not yielded the desired result, a council is convened at which the school director raises the question of expelling the student. The legal representatives must be present at the council, or at least be informed, otherwise a legal violation will be committed. During the council, the administration should report on the observance of all disciplinary sanctions, prove the frequency of violations and argue all disputed issues, including the results of pedagogical educational conversations.
Sometimes the studentās legal representatives are simply asked to voluntarily transfer their child to another educational institution, but if all of the above grounds are not available for expulsion, such an action would be illegal.
When the studentās exclusion has been brought into effect, the school should immediately notify the local government that is involved in education. His employees, together with the parents of the expelled child, are tasked with a month to find an alternative in which the teenager can still get the necessary education.
Appeal decision
Faced with the fact that the child still expelled from school? Any decision made by the council of the educational institution regarding the expulsion, and not only both the parents and the student himself, have the right to appeal to the department of education, or immediately contact the prosecutorās office in accordance with the law. In other cases, you can resort to the help of the commission responsible for resolving disputes and various situations that arise between participants in clashes in the field of education.
It is very important to study your rights and all the provisions of this article in order to competently build protection and prevent abuse of authority on the part of employees of an educational institution and organizations that are somehow involved in procedures related to educational decisions.
How to prevent the expulsion of a child from school?
First of all, any adult responsible for raising a child needs to conduct preventive conversations both with his child, and, in the case of already existing conflict issues, with the staff of the educational institution. Perhaps you should pay special attention to a consultation with a school psychologist, and if he is not, make an appointment with such a specialist yourself. Do not forget to monitor the performance of a minor student, check how he copes with the load, whether he performs all the tasks on time and how he generally feels while studying.
Very often, serious problems that entail the question of whether they can be expelled from school can be associated with an unfavorable situation at home, directly in the student's family. The same rule applies in the opposite direction - if a child is harassed by classmates, it can be much more difficult for you to reach him later in order to understand the root of the problem and eliminate it.
In order to surely analyze the whole situation and prevent the school staff from depriving your child of the right to study and receive a general education at the legislative level, make sure that you send him to a good and trusted institution run by an adequate director and a strong teaching staff. Such cases are extremely rare, but sometimes it is precisely from the administration of the educational organization that there can be offenses that entail the unlawful expulsion of a minor student from school.
In such situations, the most important thing is to study and know your rights, because without this you can not protect your child from illegal actions by unscrupulous employees of the educational institution. Knowing what they can be expelled from school, it is easier to protect your child or conduct an educational conversation with him.
And in some cases, having learned why a child can be expelled from school, the parents or guardians of the child should seriously think about whether their child should go to school at all. Sometimes it happens that the best conditions for him are the conditions of home schooling or training in special experimental programs (unusual at least in Russia, such programs are quite common in world practice). In modern times, in the age of information technology, rapid progress and a terrible socio-economic crisis, the decision to educate your children on your own or through non-standard academic methods, or something else, no longer seems so wild as it would seem just recently. From childhood, it is important for a child to instill the right qualities and teach him to learn for real, by listening to him and letting him choose what he himself would like to learn. Children know everything from the very beginning, we just got used to brush it off, arguing that we are adults and we all understand much better than them, although as a rule, of course, everything is the other way around.
Such forms of training can be difficult for parents, but without these difficulties, the chances are good that the child will grow up the same way as everyone is not in the best sense of this expression - the system of all rows in one comb. You can take the training on yourself and think about how to implement the element of socialization, which, of course, is very important for a small person to receive and which can be very harmful in schools, which many parents do not even suspect (we are talking about bullying and social inequality, which is especially clearly felt in the difference between the children of rich and poor people).
Total
Thus, whether it is possible to expel a child from school is an almost rhetorical question. It is possible, but only in accordance with a complex and multifaceted system of legal norms and legal acts that act as much as possible on the side of the child, contributing to the fact that he, despite all the difficulties, still managed to get an education that is rightfully his.