New educational standards for preschool education: freedoms and restrictions. New school standards: need freedom of choice? What is forbidden to the student at school

The Constitution of the Russian Federation guarantees freedom of religion, including the right to profess any religion or not to profess any, freely choose, have and disseminate religious beliefs and act in accordance with them. However, in school life, problems related to the religious worldview of students and teachers are increasingly beginning to arise. Therefore, knowledge of the legal regulation of religious issues in education is becoming increasingly relevant.

According to Art. 19 of the Constitution of the Russian Federation, the state guarantees the equality of the rights and freedoms of man and citizen, regardless of attitude to religion, any form of restriction of the rights of citizens on the grounds of religious affiliation is prohibited.

Based on the norms of the Constitution of the Russian Federation, no one has the right to impede the spread of religious views, interfere with their propaganda, the performance of religious rituals, as well as the spread of atheistic views.

Let's consider the main blocks of the problem and legal norms, the knowledge of which is necessary for the teacher in order to: correctly respond to the behavior of students who want to follow religious requirements in the learning process, and their parents (other representatives); determine the boundaries of the expression of one's own religious beliefs during working hours; regulate conflicts between class students, colleagues and administration, build legitimate relationships with them.

The views of students and their parents who profess a particular religion do not always correspond to the knowledge about the origin, structure, nature of the world and man, the assimilation of which is provided for by the educational programs being implemented.

Article 4 of the Federal Law of September 26, 1997 No. 125-FZ “On Freedom of Conscience and on Religious Associations” establishes that, in accordance with the constitutional principle of separation of religious associations from the state, the state does not interfere in the determination by a citizen of his attitude to religion and religious affiliation, in education children by parents or persons replacing them, in accordance with their convictions and taking into account the child's right to freedom of conscience and freedom of religion. Consequently, the parents of students have the right to demand that the school does not interfere with their upbringing of the child in the faith that they adhere to.

Parents often object to the fact that the degree of assimilation of information on certain issues is taken into account when assessing the level of preparedness of their child in the subject, and make appropriate demands on the teacher: for example, do not reduce their child's grades because he does not know the generally accepted theory of human origin. .

The teacher can argue his disagreement with such a requirement by the fact that, according to the legislation on education, he teaches and evaluates the knowledge of the child in accordance with the requirements of the educational programs adopted by the educational institution and state standards. Since the Russian Federation is a secular state, public education in state and municipal schools according to the main programs can be exclusively secular, built on the basis of uniform standards (Articles 19 and 28

Constitution of the Russian Federation and Art. 2 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education").

The teacher should not and does not have the right to correct the requirements of the educational programs adopted by the institution. Parents have the right to choose an educational institution for their child that operates in accordance with the views of a particular religion, or to appeal against the provisions of the legislation establishing the obligation of secular education, as well as the content of programs in court, if they believe that their rights to freedom of religion have been violated .

Similar attempts have been made. For example, a high school student filed a lawsuit against the Ministry of Education and Science of the Russian Federation with an appeal against the content of the programs in terms of human origin. In fact, she demanded to prohibit the teaching of Charles Darwin's theory as dominant and to consider it on an equal footing with religious ideas about the origin of man, to change the school curriculum in such a way that evolutionary and creational theories of the origin of man were not opposed to each other. The court denied the claim, guided by the law.

If there were no relevant provisions of the Constitution and laws, such requests would be legally weighty. Under the current legal order, school curricula are mandatory for both teachers and students. Knowledge, skills and abilities of students are assessed in accordance with the requirements of state educational standards, and assessment criteria are the same for all. A student who has not mastered a certain part of the educational program cannot be considered to have mastered the entire program and cannot be certified.

However, one should not confuse the development of the program and a positive assessment for the acquired knowledge.

A child can perfectly know everything that the general education program requires of him, but disagree with what he is studying, consider it wrong. For such a negative attitude towards the material being studied, it is impossible to lower the grade for the child. General educational standards provide only requirements for the presence of certain knowledge, skills and abilities. If the child owns them, he must be certified and receive an assessment corresponding to his knowledge, even if he considers what he has learned to be incorrect.

Despite the secular nature of our state and education in it, religion as an important cultural phenomenon in various aspects is studied within the framework of individual disciplines: religious studies, history, world art culture, etc. Both compulsory and optional classes are held.

A separate topic of consideration is the teaching of subjects related to the religious views of individual denominations. In a number of schools in ten Russian regions, the subject "Fundamentals of Orthodox Culture" was introduced as a "regional component" (a regional component of the main program). At the same time, in half of the regions the subject was introduced as an optional subject, and in half as a compulsory subject.

Heated debate flared up about whether the introduction of such an item violates the rights of citizens to freedom of religion. Supporters of his teaching insisted that this subject - purely culturological - should contribute to a better understanding of the history and culture of Russia; not aimed at initiation to religion; contributes to the preservation of national identity; introduced at the initiative of civil society (which is unique), which is interested in such education; well received by most parents. In addition, this subject does not exacerbate religious strife, since Orthodoxy teaches love, including for people of other faiths. Within its framework, knowledge is also given about the commonality of various currents of Christianity, about mutual respect for a number of dogmas in Christianity, Islam, and Judaism. Just as religion is separated from the state, so atheism must be separated from it. The secularism of the state implies the observance of the principle of neutrality, in which neither the state nor the educational system is an apologist not only for religion, but also for atheism, and does not carry out anti-religious propaganda. The moral and educational potential of the subject is emphasized, in contrast to scientifically oriented education. Recognized religions contribute to strengthening the norms of morality and social stability, which is not only a religious but also a general social goal.

Opponents also argued that the compulsory teaching of a particular religion violates the freedom of religious self-determination, the principle of secular education. There are fears that the teaching of the subject will become teaching the Law of God, and the subject itself will not be cultural, but religious, which can cause inter-religious, inter-confessional and inter-ethnic tension in society, lead to division, discrimination on religious grounds. Our country is multi-confessional, it is more correct to study the foundations of various religious teachings, and a person should have the right to independently choose which one to sympathize with.

Non-Orthodox families, as well as members of the scientific and human rights community, oppose the introduction of the course "Fundamentals of Orthodox Culture". Selective teaching of a creed or religious cult of any one denomination, in the absence of the opportunity to study all other religions to which students or their families may belong, violates equality, is direct discrimination on religious grounds. In addition, according to the Federal Law “On Freedom of Conscience and Religious Associations”, no one is obliged to disclose their attitude to religion and cannot be subjected to coercion: in determining their attitude to religion (which is unlikely with mandatory study of it), and its education (which violated). It is prohibited to teach religion to minors against their will and without the consent of their parents or persons replacing them. These provisions of the law are also not taken into account when introducing this subject as a mandatory one.

The highest officials of the state (V. Putin, V. Fursenko) expressed the opinion that, nevertheless, a course in the history of religions should be developed rather than just the foundations of Orthodoxy.

In our opinion, the compulsory teaching of this subject is not legal.

Article 5 of the Federal Law "On Freedom of Conscience and Religious Associations" indeed establishes that everyone has the right to receive religious education "of their choice, individually or jointly with others." At the request of parents or persons replacing them, with the consent of children studying in state and municipal educational institutions, the administration of these institutions, in agreement with the relevant local self-government body, provides a religious organization with the opportunity to teach children religion outside the framework of the educational program. Under the "educational program" it seems correct (based on the meaning of the law) to understand only the mandatory part of the program, excluding elective subjects (that is, those compulsory subjects, the replacement of which is allowed "by choice").

Thus, in a general education school, any religion can be taught as an elective subject. Organizational requirements for such teaching: mandatory consent of parents and children and the possibility of choosing a subject of study.

Attention should also be paid to the fact that training can be conducted by religious organizations.

In fact, this means that education is not possible for any faith, but only for a religion whose organizations comply with the law. This circumstance cuts off the possibility of teaching at school by representatives of those structures that are all legally recognized*.

This provision of the legislation was specified in the order of the Ministry of Education of Russia dated 01.07.2003 No. 2833 "On the provision of state and municipal educational institutions to religious organizations with the opportunity to teach children religion outside the framework of educational programs." In particular, it was clarified once again that the initiative for education should come not from the school or the teacher, but from the parents of the child, while it is recommended that their request be made in the form of a written application addressed to the administration of the educational institution.

The press service of the Ministry of Education of Russia published a special clarification dated February 13, 2003 No. 01-51-013in in connection with questions that have arisen regarding the material set out in the letter of the Ministry of Education of Russia dated October 22, 2002 No. 14-52-87in / 16 “On the approximate content of education in the subject "Orthodox culture", in which she explained that the subject "Fundamentals of Orthodox culture" is not and cannot be a compulsory subject for all schools in the country or even for all schools of a constituent entity of the Russian Federation. This subject can be introduced only in each specific school based on the decision of the Board (Board of Trustees) of the school with the participation of parents' representatives and implemented:

1. or as an optional subject outside the hours grid (after classes), for which students themselves register or (for elementary grades) students are enrolled by their parents. In this case, funding for the teaching of the subject is provided either by the founder in addition to the basic funding of the school according to the state standard, or by parents, or from extrabudgetary sources;
2. or as a subject of a school component from among elective subjects (at the same time, other students must attend other subjects from the list of elective subjects).

Thus, attending classes on the subject "Fundamentals of Orthodox Culture" is not only voluntary for students, but also requires the mandatory consent of their parents. If the subject is classified by the school curriculum as an elective subject, the study of which is mandatory, then the possibility of choosing another subject should be provided.

The position of the Russian Ministry of Education and Science seems to be correct, that Russian citizens have the right, on the basis of a voluntary expression of will, to demand an educational service - obtaining knowledge about their traditional culture and its religious foundations. The receipt of such educational services by them on the basis of the principle of voluntariness in no way infringes on the constitutional rights and legitimate interests of others, including the right to freedom of conscience, does not offend their religious feelings and does not interfere with the exercise of their rights. This does not negate the optionality (or electivity) of education - the right of some to receive this or that educational service does not mean imposing the same service on those who do not want to receive it. At the same time, we note that the right to an in-depth study of the foundations of one’s religion belongs equally to both persons constituting the majority in a particular institution and persons constituting a minority, and the introduction of compulsory study of the foundations of Orthodoxy with respect for the rights of the minority would be possible only subject to mandatory study the foundations of other religious worldviews, i.e., provided that the school of choice could also study the foundations of Catholicism, Protestantism, Islam, Buddhism, Judaism, other religions, as well as atheism. The minimum necessary knowledge about religion for all persons receiving general education in the Russian Federation, regardless of their religion, is taught within the framework of other disciplines (for example, history, literature).

The class teacher may have a question, why should he understand the introduction of a particular discipline as an optional, elective or compulsory at the school where he works. This is necessary, firstly, because the teaching staff can influence the solution of this issue at the school level, and secondly, because the teacher is forced in one way or another to express his attitude to this issue in connection with his educational and educational functions, responding to the demands of administration, students and their representatives.

Article 28 of the Constitution of the Russian Federation guarantees everyone freedom of conscience, freedom of religion, including the right to profess individually or jointly with others any religion or not to profess any, freely choose, have and disseminate religious and other beliefs and act in accordance with them. According to Art. 19 of the Constitution of the Russian Federation, the state guarantees the equality of rights and freedoms of man and citizen, regardless of attitude to religion, any form of restriction of the rights of citizens on the grounds of religious affiliation is prohibited. At the same time, everyone is guaranteed freedom of thought and speech. No one can be forced to express their opinions and beliefs or to renounce them. Everyone has the right not only to freely transfer and disseminate information in any legal way, but also the right to freedom of teaching (Article 44 of the Constitution of the Russian Federation).

The Federal Law "On Freedom of Conscience and on Religious Associations" repeats the above provisions of the Constitution of the Russian Federation, and also provides that the establishment of advantages, restrictions or other forms of discrimination depending on the attitude towards religion is not allowed, citizens are equal before the law regardless of their attitude towards religion and religious affiliation. No one may be subjected to coercion in determining their attitude to confession or refusal to confess religion, to participation or non-participation in religious rites and ceremonies.

Often children or teachers express a desire to follow certain traditions, rules, rituals of their religion within the walls of the school. For example, to pray at a certain time, to wear certain headdresses, distinctive signs, etc. The ban is perceived as discrimination, coercion to renounce one's religion.

In such cases, for a legally justified choice of a model of behavior, first of all, it is necessary to distinguish between the legal regulation of relevant issues in relation to children and in relation to teachers - school employees.

The child is obliged to follow the rules of the school, in particular, during the lessons he is obliged to study.

Compliance with many rules of religion is “passive” in the sense that it does not require active actions from a person, does not distract either his attention or the attention of others (for example, wearing an Orthodox cross). Of course, there is no reason to stop such behavior (if it is not offensive to other persons, which is possible if some non-traditional faith is professed, which requires the commission of actions not approved by public morality). Other requirements of religion are “active” in the sense that in order to fulfill them, a person must be distracted, apply his strength, attention (for example, performing a long prayer). Considering that during the lesson the student must study and should not be distracted, he, accordingly, does not have a temporary opportunity to perform any rituals (this will be a violation of school discipline).

The time of change is the time of rest for the child. And to the extent that he does not disturb the order, does not damage other people's property, does not show aggression, behaves safely - he is free to choose how to rest and recover until the next lesson. If a child, for example, would like to pray, the teacher should not restrict him if this action is not dangerous for the child (he does not pray in winter at an open window, in a traumatic situation, etc.) and his actions are not offensive to others (in In cases of mainstream religions, rituals cannot be offensive: they are part of the national culture). In this sense, the child is free in the outward manifestation of his religious beliefs.

When considering manifestations of religious beliefs by a teacher, the issue should be resolved somewhat differently. If one or another tradition or ritual of his religion does not interfere with his work (for example, carrying a portable icon in his purse), a person cannot be prevented from such behavior. However, the fulfillment of the requirements of religion, which distract the teacher from work, is unacceptable. It should be taken into account that the work of the teacher is carried out throughout the lesson, the time of which should be completely devoted to the implementation of the educational program and issues of education (prayer at the beginning of the lesson, for example, is not permissible). Secondly, during the break, the teacher also does not have the right to rest, but must supervise the children, perform organizational, preparatory operations, that is, perform official duties, from which he should not be distracted by religious rituals. Therefore, in our opinion, their implementation during working hours for the teacher is impossible.

In any case, even if the school does not interfere with the performance of certain religious rites, it is not obliged to organize, create conditions for their proper performance for the believer.

Requirements to provide a separate room for prayer, since there is no proper privacy in other rooms, are clearly not subject to satisfaction.

A separate issue is such a problem as compliance with the requirements of religion for the nutrition of students. In particular, almost all religions provide for fasting and other dietary restrictions. The school canteen, on the other hand, forms the menu based on established nutritional standards, which are based on physiological needs and cannot depend on whether this food is produced during fasting or at other times, whether religion allows or forbids eating certain foods.

The school has the duty to provide children with food in accordance with physiological (and legally fixed) standards. The obligation to provide each child with a diet that meets the requirements of the religion he professes is not established by the legal documents for the school. In this connection, the requirements of parents for a separate diet for their child, of course, should not be satisfied. Providing a child with breakfast or lunch is considered a duty of the school, regardless of whether the child has eaten the offered meals or not.

In this situation, the parents must assume the obligation to provide the child with food that is allowed for him. And the school is only obliged to provide the opportunity to have breakfast or lunch, that is, to provide the child with a place for eating that meets sanitary standards and a time at which all children should have breakfast or lunch.

However, the school also has no right to impose school meals on a child. Therefore, if parents want the child not to eat at school, and give him food with them in accordance with the requirements of religion, it is unlawful to force the child to eat what everyone else has to eat, and to charge parents for the child's food.

If the parents forbid the teacher to give the child food prepared at school, but do not give him anything to take with him, the solution to the problem is no longer so clear. In our opinion, at least in elementary school, where school breakfast is compulsory, and also if the child attends an extended day school, when lunch is mandatory, the teacher does not have the right not to feed the child, and may require the parents to pay the established sums of money. The reason is that the teacher, first of all, must take care of the health of his pupil, and in this regard, he has no right to ignore the lack of nutrition of the child, since this adversely affects his health. Failure to comply with the child's nutritional requirements, in this sense, is not in the interests of the child, regardless of the opinion of the parents or the child himself. Of course, this should not be understood in the sense that the teacher forces the child to take food, but he is obliged to provide him with this food (even if the child refuses to eat it).

If the question concerns the teacher's special diet, then the only thing that can cause controversy is the place of eating. If the local regulations of the school or the order of the administration (for example, in the internal labor regulations or in the order of the director) establish that employees must eat in the canteen, and not in their office, then they must comply with the rules established at the school. However, this refers more to nutrition in general than to religious restrictions.

A fairly common problem is non-compliance with the requirements for clothing adopted at school, for the reason that they do not satisfy the rules of a particular religion. At the same time, violation of school requirements for clothing by both teachers and students is possible.

The rights and obligations of participants in the educational process are determined by the charter and documents adopted in accordance with it. In the event that the requirements for the clothing of employees or students are not established either in the charter or in the documents adopted on the basis of the charter, in our opinion, the school can only require compliance with generally accepted standards of appearance - these are clean, neat clothes, styles appropriate for staying at school (inappropriate , for example: swimwear, overly short skirts, sweatshirts with an open belly, etc.). The presence, for example, of a headscarf, a Muslim scarf (hejab) on the head or a kippah should not serve as a basis for restricting human rights in any way (not being allowed to attend classes, demanding to change clothes).

This problem is controversial: the right of a citizen to express his affiliation to religion and the right of an educational institution (as an organization with the status of a legal entity) to establish rules of conduct for its employees and students are in conflict with each other.

In order to decide whether a school can ban certain forms of dress required by religious norms, it is useful to consider two decisions of the Supreme Court of the Russian Federation on an appeal that specifically focused on Muslim dress. The instruction of the Ministry of Internal Affairs was appealed, according to which, in order to obtain a passport, it is necessary to provide a photograph without a headdress. The applicants considered that this provision violated the rights of Muslims, since the rules of conduct for believers, set out in the Koran, forbid Muslim women from showing all parts of their bodies to male strangers, with the exception of the oval of the face and hands. These requirements of the Qur'an are applicable in all situations where any form of dress is established.

In the decision of the first court instance dated March 5, 2003 No. GKPI 03-76, the court considered that the appeal was not subject to satisfaction for the following reasons. The Russian Federation is a secular state. The requirement for a photo sample for a citizen's identity document cannot be considered as a violation of the right to freely profess religion, choose, have and disseminate religious beliefs and act in accordance with them. The provisions of the instruction apply to all citizens, regardless of their religious affiliation, and do not restrict the right of a person and citizen to freedom of religion.

The instruction does not establish rules for the behavior and wearing of toilet items for any group of citizens or a citizen depending on religion, does not interfere with human rights to freely profess any religion, choose and change, have and spread religious beliefs and act in accordance with them. It is not prohibited for believing Muslim women to wear a headscarf to cover their hair. Thus, the court recognized that the form of clothing can be limited in a certain way for all citizens, regardless of their religious affiliation.

These arguments of the Supreme Court of the Russian Federation, in principle, could serve to justify the right of the school to introduce in the charter, rules of conduct for students, internal labor regulations or other local documents requirements for the clothing of students and employees, the violation of which would be considered a violation of discipline in the school.

However, later on this appeal, the decision of the cassation instance was adopted

of the Supreme Court of the Russian Federation of May 15, 2003 No. KAS 03-166, in which the court came to the opposite conclusion and cited other arguments. According to the court, Art. 28 of the Constitution of the Russian Federation and art. 3 of the Federal Law "On Freedom of Conscience and Religious Associations", it follows that the Russian Federation, being a secular state, guarantees the right of everyone to act in accordance with their religious beliefs within the limits limited by federal law.

Based on this constitutional right, believing Muslim women have the right to act in accordance with their religious beliefs and not appear without a headdress in front of strangers, if the federal law does not establish rules that are mandatory for all citizens of the Russian Federation, the observance of which is associated with the need to show themselves to strangers with uncovered head.

There is no federal law that establishes such rules, the instruction of the Ministry of Internal Affairs is a by-law and cannot contain norms, the implementation of which requires citizens to act contrary to their religious beliefs. The prescription of the instruction is mandatory for all citizens of the Russian Federation; this rule does not contain any exceptions for persons whose religious beliefs do not allow them to appear before strangers without headgear.

The inclusion in a by-law of a norm obliging citizens to act in contradiction to their religious beliefs violates their constitutional rights and is inconsistent with the Constitution of the Russian Federation and the aforementioned Federal Law.

The previous decision has been reversed.

Based on the position of the Supreme Court of the Russian Federation, restrictions on the form of clothing by any normative acts (except for federal law) can be established provided that they do not oblige believers to violate the requirements for clothing established by their religion. Currently, there is no federal law establishing requirements for the uniform of students and employees of educational institutions. Therefore, the school cannot make rules for wearing clothes that are contrary to religious requirements.

Thus, the school has the right to introduce rules regarding the appearance of students and employees and their clothes, but if the requirements of religion prohibit following these rules, the teacher or administration should not insist on observing those parts of them that are contrary to the requirements of religion. We agree with this interpretation of the legislation and believe that the right of everyone established by the Constitution of the Russian Federation to profess their religion and act in accordance with their religious beliefs should not be limited by local acts of the organization.

However, a citizen who does not want to comply with the restrictions on the form of clothing recorded in the local acts of the school based on the requirements of religion must provide evidence that religious requirements that prevent compliance with the restrictions really exist.

In this aspect, the requirements of religion and the time at which work and training of a person are carried out can enter into conflict. In many religions, there are restrictions on work at certain times: for example, in Orthodoxy on Easter week, in Judaism on Saturdays, etc. The schedule of school classes for students and work for teachers does not take into account these requirements.

As a result, conflicts often arise. For example, in one of the Moscow schools, many students did not regularly attend classes on Saturdays (the school had a six-day school week). The demands of the teachers were ignored, the educational authorities intervened in the development of the situation, demanding the implementation of the curriculum. After it turned out that the administration was unable to ensure the presence of students in the classroom, the education authorities demanded tough measures under the threat of disbanding the school. (The conflict was subsequently resolved with the introduction of a five-day school week.)

In this situation, the obligation to obey the order established by the administration of the institution is established at the level of federal laws (Labor Code of the Russian Federation, Law of the Russian Federation "On Education"). The school, in setting the class schedule for students and the work schedule for teachers, is acting legally on the basis of federal laws. Violations of this schedule, schedule, can be regarded as a violation of discipline. For example, a teacher may be disciplined for missing work without a valid reason (up to and including dismissal), a student may be reprimanded for missing classes, an additional task may be given, a grade for the work performed may be reduced (for example, if it was completed during three lessons, one of which was skipped, the teacher can give the grade as if the given work was done for the proper amount of time) provided by the school in case of absenteeism.

When deciding whether a teacher should meet halfway in providing an opportunity to implement a particular religious requirement in the student's behavior within the framework of the educational process, one should take into account:

• whether this or that requirement is really due to religious tradition, ritual, other rules (if not, then it is not necessary to satisfy it);
• this requirement imposes on the teacher additional duties that are not included in the range of his functions under the employment contract and which he is not obliged to fulfill, or simply related to not preventing the child from performing certain actions, behaving in one way or another.

At the same time, the student must be given the freedom to follow his religious beliefs and manifest in his behavior the requirements of religion, if these manifestations:

• not dangerous to the health of the child (otherwise the teacher should not allow them to be followed, since it is the responsibility of the child to take care of the health and safety of the child during his stay at school);
• are not offensive to others from the point of view of generally accepted morality, do not incite national or inter-religious hatred, do not discriminate against other persons on the basis of a lack of faith or other faith (otherwise, the teacher cannot allow them to be followed, because he must comply with legislation prohibiting such actions );
• do not interfere with the implementation of the educational program (otherwise, the teacher should not allow them to be followed, since the implementation of the program is his main labor function and the main task of the educational institution).

The teacher, however, is granted freedom of expression of religious views, if such expression does not interfere with the performance of his official duties and is not offensive to other persons, does not violate their rights and freedoms.

In any case, the school should not show any discrimination, separation, special treatment of teachers or students on the grounds of their religion, or, on the contrary, an atheistic attitude towards faith. Students and teachers are not required to disclose their attitude to religion and cannot be forced to determine their attitude to religion, to practice or refuse to practice religion, to participate or not to participate in worship, other religious rites and ceremonies, in the activities of religious associations, in teaching religion. With regard to minors, it should be borne in mind that it is forbidden to involve them in religious associations, as well as teaching religion against their will and without the consent of their parents or persons replacing them.

* Currently, separate creative theories of the origin of man are spreading, which contain various conclusions based on unexplained facts about the creation of man by a higher mind and are aimed at refuting the conclusions of Darwin's theory. Despite the fact that the theories of creativeists are similar in their basic postulate to the views of religious organizations on the origin of man, these theories themselves are not part of religious teachings and cannot claim to be studied at school before being included in educational standards. Questions of proving one or another opinion about the origin of a person belong to the subject of science, and not religion, which is based on the conscious acceptance of beliefs by a person, regardless of evidence.

A.A. Vavilov,
legal consultant of the information center "Education Resources"

If each student adheres to the school Charter, there will always be a friendly and cozy atmosphere in the educational institution.

Before determining the baby in the first grade, parents and teachers must explain to him not only the rules of behavior. The child must know their rights and obligations. You can read about it in our article.

Who is eligible for education

Education is carried out in the interests of the individual, society and the state. If education is paid, not every adult will be able to give his child not only secondary, but also primary education. Precisely because education is free, all children can safely study in a public institution.

What is an elementary school? Children go to first grade to gain knowledge. Before teaching a child various sciences, teachers are obliged to explain to schoolchildren all the rights, obligations and rules of conduct in an educational institution. First, let's figure out who is eligible for secondary education. Only Russian citizens or not?

Article 43 of the Constitution of the Russian Federation states that every person has the right to education. Regardless of age, nation, religious upbringing or gender, any individual living in Russia is required to study and complete a secondary education. If a person does not speak Russian, he will not be able to participate in the educational process.

According to Part 4. Art. 43, each person is obliged to master the general school curriculum. After the child has received secondary education, he has the right to enter a higher educational institution on a competitive basis in order to acquire a profession. Education is aimed at the development of the personality of each person. Upon graduation, each student must have knowledge in a certain amount. Each child is required to pass exams before graduation from school, which assess his knowledge. Only then is a certificate issued, which serves as the basis for admission to the university.

Important! Only a citizen of our country has the right to education in Russia.

What are the rights of a student at school?

Not all children want to study properly, and not because they are stupid. The fact is that students do not always observe a friendly and calm atmosphere in the school. Because of this, the desire to learn and acquire relevant knowledge very often disappears. It is necessary that children know the rights of the child at school and in the classroom.

And adults themselves do not always know the laws in order to talk about them with their children, and then teach them to defend their interests.

The rights of a student at school:

1. The child has the right to a full-fledged school program.
2. To respect his personality - the teacher should not be rude and rude to the child.
3. The child has the right to a friendly and relaxed atmosphere while studying.
4. The student has the right to an objective assessment of his knowledge: the teacher should not underestimate or overestimate the points of the child.
5. The student can express his opinion, and the teacher is obliged to listen to the student's thoughts and explain to him whether he is right or not.
6. The child has the right to his own point of view and must be able to prove the case if he is confident in his thoughts and judgments.
7. On the inviolability of their personal belongings - a teacher or peers should not take items such as a phone, tablet, textbook, etc., without the permission of the student.
8. To rest - the teacher should not take part of the break, continuing his lesson.
9. The student has the right to consult with a lawyer or psychologist.
10. Every child has the right to freedom of movement around the school during recess.
11. Every student should know their rights.

For every student, primary education should begin with the study of the rights and obligations of the child and the teacher.

Student rights in the classroom

Every child wants a friendly attitude not only from peers, but also from teachers. The teacher does not always tell the student what score he gave for the answer or for the written test. It is not right. Every child has rights not only at school, but also in the classroom.

Very often, teachers do not understand the discomfort that children experience when they are deprived of the opportunity to know about their successes and failures.

Student rights in class:

1. The child must know what score was given to him for knowledge.
2. The student has the right to know all his grades for the subject.
3. The child can express his opinion on the topic of the lesson.
4. The student has the right to go to the toilet during the lesson without asking, but informing the teacher.
5. The student in the lesson can correct the teacher if he misspoke.
6. The student has the right to raise his hand and answer if it concerns the topic of the lesson.
7. The student can leave the class at the end of the lesson (when the bell rang).

The rights of the student at school and in the classroom are not limited to this. The child has the right to full-fledged service, which consists in the presence of a qualified health worker, security, etc. Read more...

The rights of the student to healthy and quality care

Every student has the right to a full, high-quality and healthy education. How to do it? It all depends on the administration of the school and the state. A healthy school environment will be maintained if the following conditions are met:

1. The child has the right to receive quality and free medical care during the working day.

2. For the student, the administration must create cleanliness throughout the entire territory of the educational institution.

3. Each class should be well lit.

4. The noise level should not exceed the norm.

5. The temperature in the school should be comfortable for classes.

6. Food should be healthy and of high quality. It takes at least 20 minutes to receive.

7. For hygiene, the toilet should have everything you need: soap, paper, towel.

Adults must protect the rights of the child at school. After all, the mental and physical education of the student depends only on them.

The rights of the child in the classroom

In each school, the class teacher conducts educational work with children. This lesson is called class hour.

The rights of a student in Russia in this lesson:

1. Children have the right to choose the topic of discussion. They must come to a common denominator. The student has the right to prepare an interesting presentation on the topic of the lesson or tell an entertaining story.

2. Each student can discuss a story or presentation in a calm atmosphere, express their thoughts. The teacher should not interrupt the child. If the student is wrong, the teacher is obliged to correct him and explain what was said incorrectly.

Responsibilities of a student at school

Each student not only has rights, but also certain responsibilities both in the classroom and at school. We will talk about this further.

Responsibilities of a student in an educational state institution:

1. Every student must respect all school employees.
2. Each student is required to greet the elders.
3. The child must respect the work of adults. This applies not only to teachers, but also to the watchman, cleaning lady, etc.
4. The student must comply with the school regime.
5. The student is obliged to conscientiously study, mastering knowledge and skills.
6. If the child was absent from school, he must present to the class teacher a medical certificate or a note from the parents (guardians).
7. Each student is obliged to fulfill all the requirements of the director, teacher or other adults, if it concerns the Charter of the school.
8. The student must adhere to all hygiene standards: be clean, tidy and dressed according to the rules of the school.
9. Every child must follow the safety rules.
10. If a student finds a suspicious person or an abandoned bag on the school grounds, he must immediately notify the school administration about this.
11. The child must maintain order, cleanliness both in the school building and on its territory.
12. If the student urgently needs to leave the lessons, he must bring a note from the parents to the class teacher in advance.

Responsibilities of students in the classroom

Each student needs not only to adhere to all the rules and regulations at school, but also in the classroom. Still, the teacher conveys knowledge, and in order to assimilate it, it is necessary to adhere to certain rules.

Each school has a charter for the student in this regard, which he can familiarize himself with in his free time.

Student Responsibilities in the Lesson:

1. Each student is required to conscientiously complete homework in each subject.
2. The child must present the diary to the teacher upon request.
3. The student must listen carefully to everything the teacher says in class.
4. The student is required to bring all the necessary supplies to class: a pen, a ruler, a pencil, books and notebooks.
5. The child should not have extra items and toys in the backpack.
6. The student is obliged, at the direction of the teacher, to approach the blackboard or answer from the spot without arguing.
7. Each student must learn the topic covered and hand it over to the teacher when he requires it.
8. The student must come to class on time, without delay.
9. Students must be quiet during class. If he has a desire to answer in the lesson, you must raise your hand.
10. The student must obey the teacher.

All rights and obligations of a student must be not only known to students and school staff, but also unquestioningly fulfilled.

Rules of student behavior in the lesson

Each student is required to adhere to a certain behavior both in the classroom and during the break.

Rules of conduct in the classroom:

1. Each child must be at class 15 minutes before the bell to have time to change and get ready for the lesson.
2. The student should not be in the room in outerwear or a hat.
3. The student must be in class when the bell rings.
4. The child should not come to class with or after the teacher.
5. At the time when the teacher came in, the children should rise in order to greet him.
6. The child must be quiet during the lesson and not distract other children.
7. During the lesson, the student should not chew gum or eat food.
8. During classes, it is forbidden to use mobile communications.

Rules for student behavior during breaks

The child is obliged to behave properly not only in the classroom, but also during the break. This means that there are certain rules spelled out in the school charter. Let's look at what orders a student should follow in school.

Student behavior during recess:

1. At the time when the bell rang from the lesson, the child must put his workplace in order and prepare for the next lesson.
2. During the break, the student should calmly walk around the school, and not run.
3. The student is obliged to communicate friendly with peers (do not fight or quarrel).
4. Greet all school staff.
5. If a child enters the room, and the teacher is behind, the student must let the elder pass.

What is forbidden to a student at school?

There are some things that are strictly forbidden for a student to do:

1. The child should not jump on the stairs and ride on the railing.
2. No life-threatening items should be brought to school.
3. It is forbidden to play cards on school grounds.
4. You can not smoke and drink alcohol.
5. Do not open the door abruptly, as you can hit someone.
6. It is forbidden to be rude and rude to elders.
7. A student must not use foul language not only in front of adults, but also in front of other students.
8. It is forbidden to take other people's things, especially to spoil them. If the child nevertheless damaged someone else's property, the parents are obliged to reimburse its full cost.
9. Students are not allowed to come to class without completing their homework.

Student problems at school

The child has some problems with peers and teachers. Why is this happening? Children's problems in school are due to behavior. He cannot sit quietly on a chair, spins, interferes with his desk mate, teacher and all the children. The teacher, accordingly, is angry with him, and the educational process is disrupted.

There are also slow children who do not have time to learn the educational material on a par with their peers.

Here are just two examples of what schoolchildren may have problems with their studies.

Therefore, children should know the duties and rights of a student at school even in the primary grades.

What are the consequences of non-compliance with the school Charter

If the child is not explained the rights and obligations of the student, he can easily become a violator. What can happen if the rules are not followed? First, the teacher reprimands the student. If the student did not obey and continues to damage property, fight, etc., then parents are called to the school, who are invited with their child to the director. It all depends on the specific behavior. If a student endlessly beats children, steals, causes moral pain, then he can be expelled from school.

To prevent this from happening, the administration, the form teacher or other adults can arrange homeroom lessons to familiarize children with the norms of behavior. The rights and obligations of a student are a law for both teachers and students. And it must be followed in a public institution.

Conclusion

In order for a child to have a positive reputation at school, he must be taught from the first grade how to behave at school. Each student should know what are not only the duties, but also the rights of the child at school. Often teachers are unfair to students. Children do not always know what grade the teacher gave them for knowledge. Also, teachers very often underestimate or overestimate points. In this case, parents are obliged to go to school and protect the rights of their child in a controversial situation. The rights of the student at school must be strictly observed by teachers. This is extremely important in the development of the younger generation. To date, the topic "Protection of the rights of the student" is relevant. Not only parents, but also social services can help them. Children have the right to call and report their problems on the helplines of these organizations.

“I was involved in the adoption of education standards in 2004,” says Vladimir FILIPPOV, Rector of the Peoples' Friendship University of Russia, Minister of Education in 1998-2004. - Then the teaching load on students was reduced by 15% and for the first time a specialized school appeared - in 13 areas. The new standards are more balanced and progressive. Not only a set of disciplines has been defined, but also requirements for ensuring the educational process (for example, a high school teacher must be able to work with e-mail and the Internet, multimedia equipment. - Ed.). There are new integrated courses. For example, if a child does not want to study pure physics, biology or chemistry, he can choose natural science, which gives a general idea of ​​\u200b\u200bthe natural-scientific picture of the world. The fact that they gave high school students the opportunity to choose a profile and preserved the general educational space in the country at the expense of six is ​​also a big plus. Otherwise, what would happen if one school taught one thing, and the other another? .. "

“Compulsory subjects in high school should be no more than half,” disagrees Irina ABANKINA, director of the Institute for the Development of Education at the Higher School of Economics. - The variable learning model is not our invention at all. In the West, schoolchildren at the age of 15 complete the “obligation”, and then profile, applied education begins. A person should learn how to form a long-term education program while studying at school. The ability to choose, to think today is more important than memorization. But our variable standard was adopted in a much softened form under the pressure of the professional lobby - teachers who are afraid of being left out of work if the children do not choose their subjects. A big plus of the new standards is a research project. A high school student should be able to do something independently, get results and protect them.

The question of how to understand whether it works according to new standards or children are taught in it in the old fashioned way, and in-depth study means only a formal increase in teaching hours in a particular subject, remains open. “The standards do not contain clear, understandable for all criteria for evaluating the work of educational institutions, it is not spelled out for what and what they are responsible for,” says Viktor PANIN, chairman of the committee of the Society for the Protection of the Rights of Consumers of Educational Services. “There should be constant monitoring at the school: are the methods outdated, how qualified are the staff, does the logistics correspond to the current situation, etc.”

Priceless Services

In the new document of the Ministry of Education and Science, the education of children at school is called an "educational service", which is provided by educational institutions by order of the founder. And some schools have already begun requiring parents to sign a contract for the provision of such services. In this way, are we being smoothly led to the fact that the education of our children will become paid? “No,” they assured AiF at the Ministry of Education. “Everything that is written in the standard should be free.” We read the document: no more than 37 study hours per week, that is, 7-8 lessons per day, including electives and additional courses, as well as 700 hours of extracurricular activities in two years. All electives that do not fit into this scheme can be paid.

The standards have been adopted, but their general introduction is scheduled only by 2020. Programs have not yet been written and personnel have not been trained. It is important that this be done systematically and seriously. After all, the future of our children is at stake.