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Does a school have the right to refuse to admit a student with registration?
Currently, obtaining secondary education is the main goal of every child. But in some cases, it happens that the school administration refuses to accept a future student, citing a lack of places in the educational institution or other reasons.
Parents should not blindly believe such excuses; they must try to achieve justice, because they can go another way, for example, putting pressure on the school principal and his subordinates.
Important! Parents should remember the following information: each school is tied to a specific microdistrict that it must serve, therefore, any child living in the area assigned to the educational institution has every right to study there, even in the situation if there really are no places there.
Representatives of an educational institution do not have the right to refuse persons wishing to study at a particular educational institution, otherwise this may be regarded as a violation of the child’s right to free education.
Required documents
Children are admitted to school on the basis of a personal application from the parents (legal representatives) of the child after presenting the original document that identifies the parent (legal representative).
In the application for admission to school, parents (legal representatives) must provide the following information:
- Full name of the future student;
- Date and place of birth of the future student;
- Parents' full name.
When submitting an application, you must provide:
- A document confirming the registration of the child at the place of residence or place of stay (on the territory assigned to the school);
- Identity document of the submitter;
- Child's birth certificate;
- Child's medical record.
Remember! If a future student has diplomas or diplomas, you need to take all this with you. Schools strive to recruit talented students. Therefore, the presence of bonuses and awards will contribute to a positive outcome in enrolling a child in school.
All submitted applications must be properly registered. Within seven days after receiving the documents, an order is issued to enroll the child in first grade.
Enrollment and quota for first class and what to do if there are no empty seats
The number of first grades and, accordingly, the number of places for admission to the first grades is established by the school administration in accordance with the municipal assignment and depending on the ability to accommodate students in classes in accordance with the requirements of SanPin.
Enrollment in classes can be increased at the request of the founder (municipality), if the number of children living in the assigned territory and entering by registration is significantly greater than the number of available places. Thus, a decision may be made to increase the number of classes if additional territories are assigned to the school. However, the physical capacity of the school to accommodate and accommodate must be taken into account. The municipality may require an increase in the quota if the school has conditions or additional funds have been allocated to create appropriate conditions.
Parents can demand a solution to the issue of increasing the number of places in the first grades from the municipality, since it is the municipality that is responsible for ensuring the opportunity to receive education as close to home as possible in accordance with the requirements of SanPin; the municipality also annually adjusts the resolution on assigning territories to schools. Territories must be assigned in such a way that every resident can be guaranteed to enroll in school according to their registration.
However, quite often, judging by the number of requests to the Internet reception, situations arise when there are more applicants to the first grades by registration than the number of available places. In this case, the school has the right to refuse admission. Requests for a place in another school must be addressed to the education department. The education department is obliged to provide a place on the territory of the municipality to everyone.
The reasons why children living in the assigned territory cannot get into the first grade due to a lack of free places can be either related to a violation of the order of distribution of schools, or arise for reasons independent of the education department:
1. The municipality did not take into account the real number of future first-graders who are assigned to the school and their relationship with the number of available places. If the problem of a lack of registration places repeats from year to year, parents and the public can change the assignment scheme, or demand that the municipality increase the number of classes in the relevant school.
2. The municipality correctly took into account the capabilities of the school and the number of children living under registration. But when applications began to be accepted, a large number of children with temporary registration registered in the assigned territory and took all the places. A solution to this problem may be to introduce additional stages of accepting applications in a region or municipality, first accepting children at their place of residence, then at their place of stay. This practice is already being implemented in some regions, and gives children with permanent registration an advantage over those entering with temporary registration.
3. There are always special cases, remote areas in which there is only one school, and this school is not able to accommodate everyone. The municipality should also address this problem, but the result depends on funding.
Read additionally: Can they refuse admission to first grade when applying “at their place of residence”?
Application deadline
The time frame for filing an application is very important. The management of the educational institution establishes the rules for admitting children to the first grade in accordance with the established provisions: in this calendar year, parents have the right to submit an application between the first of February and the thirtieth of June.
Before the first of July, the school management publishes information about the current state of enrollment in classes and the number of vacancies.
Initially, the recruitment is made from children who live in the territory attached to the school. The vacancies that remain after processing the entire flow of applications are distributed among future students whose parents living in other areas sent applications before the first of July. These children will be enrolled until the fifth of September.
Watch the video. Can the school director refuse to accept a child at his place of registration:
If the school is specialized
According to paragraphs 5-6 of Art. 67 Federal Law “On Education”, individual or competitive selection is possible in schools that provide in-depth study of individual subjects, specialized or pre-professional training. In this case, the educational institution has the right to refuse admission to a child who does not meet their selection criteria, even if he is registered in this microdistrict.
Thus, if a child is not accepted into school, you need not only to find out the reason for the refusal, but also to check its validity. In case of unlawful rejection of an application for enrollment, you need to complain to higher authorities or the prosecutor's office.
Can the application be rejected?
The management of the educational institution has no right to refuse to accept an application. It must be accepted and registered. If the administration of an educational institution believes that a child cannot enroll in a school “at his place of residence,” it must still accept the application and provide a written response to the refusal to enroll in the first grade, motivating the reason for the refusal.
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No required vaccinations
Despite the fact that Russian citizens are not forcibly vaccinated (only voluntarily), having a child have a certain number of vaccinations is a mandatory requirement for admission to school. But if parents consciously refuse vaccination, the child will still receive an education. Only instead of traditional face-to-face teaching, a different format for conducting lessons will be offered, for example, distance learning via the Internet.
If parents want their child to attend classes despite not being vaccinated, they will have to go to court. But, as practice shows, such a process can last several years, which is clearly not in the interests of the future student. In addition, it is possible to achieve satisfaction of the requirements only if there are clear contraindications for vaccination, which is confirmed by relevant documents.
If the school to which the application was submitted refused admission and did not offer an alternative education option, you should contact the Ministry of Education or Rosobrnadzor.
What to do if your child is not accepted
The most common case is refusal due to lack of vacancies. It is worth remembering that the applicant has the right to send the child to a specific educational institution if he acts within the framework of the law.
If the head of the educational institution does not want to listen to the parents’ arguments, then you can promise to complain to the Ministry of Education, and then offer alternative options:
- Choose a class in another parallel where there are vacant places (that is, desks);
- If there are none, then you can try to transfer all students to a larger room where there is enough space for everyone;
- Sometimes it happens that students themselves visit other classrooms. In such a situation, you need to make sure that teachers come to the children, and not vice versa.
If such options do not help resolve the misunderstanding, then the head should pick up the lists of students from other areas and transfer them to the applicant.
Often, the administration of an educational institution offers the child’s parents to wait and guarantees that there will certainly be a place for their child in August. But, as a rule, this does not happen, and expecting parents have to urgently look for other options.
The contradiction can be resolved in another way: after refusal, politely ask to hand over the charter of the educational institution (a document available to each educational institution).
It specifies all the rights and responsibilities of school management, teachers, staff and students. The information that needs to be obtained from this document is located in the chapter “Rules for Admission to School.”
After reading the document, parents will receive a lot of useful information, reference to which will help solve the problem.
Note! If this does not have an effect, you should request from the school management a written reason for the refusal with references to regulations. This document with the seal of the educational institution must be sent to the authority in charge of education
In addition, you can contact the prosecutor's office with a request to check the availability of vacancies in a particular educational institution.
In what cases can the director refuse to admit a child to an educational institution?
Task 1. In recent years, a course on the spiritual and moral development of schoolchildren “Fundamentals of religious cultures and secular ethics” has been introduced into the practice of educational organizations. Questions: 1. How legitimate is its inclusion in the content of general education? 2. How does this course fit in with the principles of educational policy of the Russian Federation? 3. What legislative act regulates the introduction of this course? Task 2. The head of the educational organization refused to accept documents for 1st grade to the child’s parents. Questions: 1. What legislative acts regulate the solution of this issue? 2. Are the actions of the head of an educational organization legal? 3. What should parents do in this situation? Task 3. The deputy director for educational work came to the teacher for a lesson, without warning him about it in advance, and demanded to show her a summary (technological map) of the lesson. The teacher allowed the presence in the lesson, but refused to provide the deputy director with the notes, citing the fact that the notes are the teacher’s personal creativity and cannot be analyzed by the inspecting person (authority). Questions: 1. Is the teacher’s refusal legal? 2. Are the demands of the deputy director legal? 3. What documents regulate the rights and obligations of participants in educational relations? Task 4. Parents of first-graders turned to the teacher with a request to give grades to the students. The teacher categorically refused. Questions: 1. Evaluate the actions of the parents. 2. Are the teacher’s actions legal? 3. What regulations should a teacher be guided by when assessing the results of educational training of first-graders? Task 5. Parents refused to attend primary school for a child with disabilities, citing certain difficulties and the lack of need for the child to receive an education. The administration of the educational organization insisted on organizing home education on a paid basis. Questions: 1. Are the parents’ actions legal? 2. What documents did the administration use when making such proposals to parents? 3. What are the ways to solve this problem? Task 6. The teacher submitted documents to the certification commission for assignment of the highest qualification category for the position of “teacher”. The secretary of the certification commission demanded a certificate of advanced training from the teacher. The teacher replied that he improved his qualifications 5 years ago. The secretary refused to accept the teacher's documents. Questions: 1. Are the secretary’s demands legal? 2. What regulatory documents does the commission secretary follow? Task 7. The child often misses classes at an educational organization. The administration of the educational organization has repeatedly appealed to parents with a request to ensure that their child attends the educational organization. Parents did not respond to the demands made. Questions: 1. Who is the responsible person concerned in resolving this situation? 2. What documents should the administration of an educational organization follow? Task 8. A minor, while in an entertainment establishment at night, committed an offense. Questions: 1. What documents regulate the presence of a child in public places at night unaccompanied by adults? 2. How should the administration of an entertainment establishment react? 3. What responsibility do parents bear for juvenile delinquency? Task 9. A specialist with higher education who graduated from one of the universities of the Republic of Kazakhstan is looking for a job in Russia. He is denied a job based on his educational level and is asked to confirm the equivalence of his diploma at one of the local universities. Questions: 1. Is it legal for the administration of an educational organization to confirm the equivalence in one of the local universities of a higher education diploma that a specialist received in the Republic of Kazakhstan? 2. On the basis of what legislative documents is this issue resolved? 3. What should a specialist with higher education do in this situation? Task 10. In an educational organization, for the position of deputy. Director for educational work, a woman with high qualifications and extensive professional experience was hired. The class teacher of the 8th grade, the “activist,” saw a competitor in the new employee, because... applied for this position and began to interfere in her work. When the deputy The director was organizing a school-wide holiday, the teacher began to take the initiative, tried to independently distribute roles between the children, and imposed her advice. Deputy the director ignored her recommendations. Then the teacher started a conflict and began making harsh remarks about her new colleague. As a result, Deputy The director decided to give up work, which jeopardized the celebration. Information about the conflict quickly spread throughout the educational organization and became known to the director. Questions: 1. How can a leader resolve this conflict constructively? 2. Evaluate the actions of each participant? 3. What are the possible conditions for resolving this issue? 4. What ways are there to resolve this situation? Task 11. The new director of an educational organization, coming to work on her first day, said that now new procedures will be established at her school. First of all, this concerns school uniforms and the appearance of students. From this day on, girls are prohibited from wearing jewelry, trousers, openwork blouses, and clothes of bright colors. Makeup and manicure are prohibited. Parents, teachers and students were outraged by this procedure and filed a complaint with the prosecutor's office about the legality of the director's actions. The director motivated her actions with regulatory documents. Questions: 1. Are the demands of the head of an educational organization legal? 2. What documents regulate the actions of the director of an educational organization? 3. What management style is expected in this educational organization? 4. What should be the actions of the director of an educational organization to resolve a conflict situation? Task 12. An educational organization provides paid services to the population - teaching foreign languages, and has a license. Please tell me what we should do in the following case. The client terminates the contract and demands the return of the remaining funds. The agreement states that the return is made in accordance with the internal rules of the center. These rules are not attached to the contract, but are posted on the information stand, and upon conclusion we always inform the client about them. We refund in case of illness, business trips, moving, but the reasons - family circumstances or simply changed your mind - are not in our rules. According to Article 781, paragraph 2 of the Civil Code, we should not make a refund, is this true? Questions: 1. Does an educational organization have the right to provide paid services? If yes, in what order? 2. What rules of law govern this process? 3. How lawfully did the educational organization act in this case? 4. Is the client right? 5. How, in your opinion, should this situation be resolved? Task 13. My daughter studies at the gymnasium. Her teacher issued us a request for consent to process personal data. I refuse to sign, but the teacher requires me to sign, can I refuse? I don't understand why this is necessary? Questions: 1. What is the procedure for obtaining and processing personal data? 2. Is the student’s parent right in this case? 3. How legal are the teacher’s actions? Task 14. Is the training period included in the work experience? Am I required to make an entry in my work book that I studied for 5 years at the university in a part-time uniform? Questions: 1. What type of information is entered in the work book? 2. Is the training period included in the work experience? 3. Is a record of the period of study in a professional educational organization entered in the work book? Task 15. Write an essay on the topic: “My ideal portrait of a modern education manager.” Task 16. Draw up certain types of documents: application for employment; application for leave; resignation letter of one's own free will; explanatory letter; memo; act of writing off sports equipment, etc. Task 17. Seventh-grader Viktor K. at school is one of the best in academic performance, an activist, an athlete, a good friend, reserved, calm. At home with his mother (he has no father), he is rude, disobedient, sometimes deceives, and avoids helping with household chores. When discussing his behavior in class, the guys and Victor himself were more inclined to rate “exemplary” (home behavior was not touched upon). In a separate conversation in the presence of his mother and class teacher, it was proven to him that he could earn high praise only by changing his behavior at home. Questions: 1. What is the basis of interaction between a social teacher and parents? 2. List the main functions of a social educator in working with families? 3. Acting in the interests of the child, the social teacher is called upon to provide the necessary assistance and support to the family. What are his tasks? Task 18. A new student came to the 7th grade. For several days everything went well. But then Tolya approached the newbie and asked him for an algebra notebook to copy out his homework. Stasik, shrugging his shoulders, said that at his school, where he used to study, there are such children who like to live at other people's EXPENSE. During a mathematics lesson, the teacher asked Stasik. He answered well. “This is how you should answer,” the teacher noted, putting an “A” in Stasik’s diary. During recess, two guys approached Stasik, sat astride his desk and asked: “Do you want to go out among the people?” Are you trying?.. Stasik was taken aback. Then he asked indignantly: “Is that bad?” - We don’t like upstarts! - came the answer, and the guys left the class. After lessons, Stasik was beaten. Questions: 1. Describe the personality that is the result of adaptation? 2. What factors influence the level and capabilities of children to adapt? 3. List the social prerequisites for childhood and adolescent maladjustment? Task 19. You noticed changes in the appearance and clothing style of one of the students in your class (Sergey, 15 years old). The teenager began to wear a very short haircut, heavy high black boots with white laces, jeans, stripes, and badges. Sergei is physically strong, an average student, and does not show much interest in studying. The family has two children, there is an older brother, a complete family with average income. This student's friends told you that he recently took part in a mass brawl where people of Asian ethnicity were beaten. Your class is multinational. Identify the problem(s) from the situation, their possible causes and solutions. Task 20. Single-parent family, son is 15 years old, recently his relationship with his mother has deteriorated. The son comes home late and drunk, and does not listen to his mother’s advice. His friends and girlfriend often drink. The mother is opposed to them, which is why the relationship with her son worsened even more. Questions: 1. What should a social teacher do at the first stage of working with a family? 2. What activities does the social teacher need to implement with this family? Task 21. A group consisting of boys aged 14–16 years (from parallel classes) was organized at school. They spend time outside of school together. The youngest in this group is 14 years old. Until recently, he studied well and was a prosperous child. Now he comes home late and often smells of alcohol. Questions: 1. Who is the object for the social teacher in this situation? 2. What types of help does the boy’s family need? Task 22. An eleven-year-old child was brought to the hospital in a state of alcohol intoxication. A drunk schoolboy broke windows in the building of a local technical school until he was detained. At the hospital, the sobered child said that his mother’s partner had treated him to vodka many times. Questions: 1. What should the social teacher do in this case? 2. What specialists should a social teacher work with to resolve the problem?