The right to study and receive general education is one of the most important human rights. The expulsion of a student from school is a measure used only in the most exceptional cases. And yet, sometimes there are situations in which expulsion becomes inevitable or threatens to happen. To learn how to protect the rights of the child and on what grounds an exception can be enforced in accordance with all legal norms (in other words, what can be expelled from school), read in this article.
Cases in which a student may be expelled from an educational institution
Why can a child be expelled from school? The law "On General Education in the Russian Federation" statesa guarantee of obtaining a general secondary full education, the duration of which is 11 years, and in the Federal Law "On Education" the same guarantee provides the basic 9 years of study. As a result, there are very few legal grounds for an organization carrying out educational activities to expel a student from school. Let us consider in more detail the cases in which this is still possible.
Deduction before the due date is feasible only in accordance with the content of article number 61 of the law "On 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 applied as a disciplinary punishment, but only if the student is already 15 years old.
- When a non-compliance with the procedure for admission to an educational institution was discovered, as a result of which the student was enrolled in it illegally and does not have the right to continue studying.
- In cases beyond the control of the student, his legal representatives or the educational organization itself. For example, such a case may be its abolition and, consequently, the impossibility of carrying out further educational activities.
Can they be expelled from school for poor performance? Yes, more on that below.
Articles in legislation
Why can they be expelled from school? In the same article under the number61 states that an exception as a disciplinary sanction can be implemented when a student does not fulfill their obligations to familiarize themselves with the educational program, and also does not follow the curriculum.
Clause 4 of Article 43 of the same Federal Law explains that the application of such a punitive measure may be associated with gross violations of the charter of the educational institution, ignoring the rules governing the order within the educational organization, or any other regulations prescribed directly in each educational institution and establishing certain organizational and educational procedures.
However, it should be borne in mind that the expulsion of a student is possible only if the teaching staff has taken all possible other measures to correct the discipline of the violator. If they turned out to be futile, and the student’s behavior seriously undermines the order of the educational institution, while violating the rights of other children or school employees, only then is it possible to consider the issue of expelling the child.
Specific grounds for expulsion
If you describe these items in more detail, then here's why a child can be expelled from school:
- Systematic avoidance of school duties: frequent absenteeism or complete disregard for school.
- Systematic disobedience to the charter of an educational organization in a rude manner (simple bad behavior or petty hooliganism cannot be included here).
- Being expelled from school for poor performance. This means that the teenager constantly stays at school forthe second year, until he masters the nine-year program or until he turns 18 (valid if he has not crossed the threshold of the 9th grade). The criteria for failure for students who are almost expelled from school (10th grade and 11th grade) are already determined directly by a specific educational organization.
- The student does not allow the educational system within 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 deliberate disruption of academic classes, the use and distribution of illegal substances, whether it be alcohol or even drugs, etc.
If a child is studying in a paid school, they have the right to be expelled for non-payment of tuition by parents experiencing financial problems. Try to plan in advance all items of expenditure and generally monitor finances and the family budget in order to avoid unpleasant situations in which you will be forced to face the problem of expelling your child. In this case, the law will be on the side of the educational institution on a fee basis.
Why they can't be expelled from school
We figured out what can be expelled from school. The charter of the educational institution must 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 faults, the student admits his guilt 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 that entailed a preventive disciplinary procedure, then the principle of repetition is violated and the student definitely does not have to worry about the safety of his place of study. However, hardly any student is really worried about this.
For one, even a serious violation, an educational institution has no right to get rid of a student. Also, the following are not considered a reason for deduction:
- probation;
- pregnancy of underage student;
- hooliganism on a small scale;
- inappropriate appearance of a student (bright hairstyle, tattoo, colorful makeup, etc.), unless it is stated in the school charter.
Thus, the answer to the question "can they be expelled from school for poor progress" is yes, but only in the most serious cases. Keep an eye on this so that the child does not have any problems. Some tips and other useful information on this subject is at the end of the article, so we recommend that you read it to the end so as not to miss anything.
Who cannot be expelled under any circumstances
In no case can an educational organization consider the expulsion of three types of students:
- Those whonot yet 15 years old.
- Those who have he alth disabilities.
- Those with mental retardation problems.
Do they have the right to expel representatives of this list from school? No. These students may be subject to any pen alties and disciplinary action, but they cannot be expelled from the educational institution in any way.
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 overcome the age mark of 15 years and has not received this proper education is agreed with his parents or representatives, as well as with a special commission on minors. This was done in order to protect the rights of the child as much as possible and to 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 the specific organizations involved in a particular procedure during the proceedings, because in different regions different structures may be responsible for the same tasks.
Procedure for expulsion from an educational organization
Even if a student is on the rampage to the last, in order to expel him, a huge number of different legal procedures must be carried out. FirstIn turn, the school is obliged to demonstrate evidence that the educational work did not bring any result, as well as to conduct similar conversations with parents. Then the question of considering the student's behavior is brought up at the pedagogical council, and then at the school council. Further, the violator of the order is called to the commission on juvenile affairs, which must be attended by representatives of the administration of the district in which the problem child is studying.
If all these measures have not brought the proper result, a council is going to where the headmaster raises the question of expelling the student. The council must certainly be attended by its legal representatives, or at least informed, otherwise a legal violation will be committed. During the council, the administration must report on compliance with all disciplinary sanctions, prove the repeated violations and argue all contentious issues, including the results of pedagogical educational conversations.
Sometimes a student's legal representatives are simply asked to voluntarily transfer their child to another educational institution, however, if all of the above grounds for expulsion are not present, such action will be illegal.
When a student's exclusion has been brought into effect, the school must immediately notify the local government responsible for education. Its employees, together with the parents of the excluded child, are tasked with finding within a monthan alternative that still allows the teenager to get the necessary education.
Appeal against decision
Faced with the fact that the child was still expelled from school? Any decision made by the council of an educational institution regarding expulsion and not only, both parents and the student themselves have the right to appeal to the department of education, or immediately, in accordance with the law, contact the prosecutor's office. In other cases, you can resort to the help of a 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 properly build protection and prevent abuse of power by employees of an educational institution and organizations, one way or another involved in procedures related to educational decisions.
How to prevent a child from dropping out of school?
First of all, any adult responsible for raising a child needs to conduct preventive conversations both with his child and, in case of 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 it is not available, make an appointment with such a specialist yourself. Do not forget to monitor the progress of a minor student, check how he copes with the workload, whether he completes all the tasks on time and how he generally feels during his studies.
Very often serious problems that entail the question of whetherto be expelled from school may be associated with an unfavorable situation at home, directly in the student's family. The same rule applies in reverse - if a child is being bullied by classmates, it may be much harder for you to reach him later on to understand the root of the problem and fix it.
To be sure to analyze the whole situation and not give the school staff the opportunity to deprive your child of his well-deserved rights to study and receive general education at the legislative level, make sure that you send him to a good and trusted institution run by an adequate director and strong teaching staff. Such cases are extremely rare, but still sometimes it is on the part of the administration of the educational organization that there may be offenses that entail the illegal 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 will not be able to protect your child from illegal actions by unscrupulous employees of an educational institution. Knowing why they can be expelled from school, it is easier to protect your child or have an educational conversation with him.
And in some cases, having learned why a child can be expelled from school, parents or guardians of the child should seriously consider 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.under 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, but something else, no longer seems as wild as it would have seemed quite recently. From childhood, it is important to instill the right qualities in a child and teach him to learn for real, listening to him and allowing him to choose what he himself would like to learn. Children know everything from the very beginning, we just got used to shrug it off, arguing that we are adults and understand everything much better than them, although as a rule, of course, everything is the other way around.
Such forms of education can be difficult for parents, but without these difficulties, the chances are high that the child will grow up the same as everyone else, not in the best sense of this expression - the system treats everyone with the same brush. You can take over the training and think about how to implement an element of socialization, which, of course, is very important for a small person to get 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 is clearly felt in the difference between the children of rich and poor people).
Result
Thus, is it possible to expel a child from school - the question is almost rhetorical. Possible, but onlyin 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, helping him, despite all the difficulties, still manage to get the education that is rightfully due to him.
