How to protect yourself from the arbitrariness of the school principal? Where to go if there is chaos at school.

Hello! I think that with my appeal I will express the opinion of the majority of ordinary teachers in Russian schools. How long will the arbitrariness of the heads of general education schools in relation to ordinary teachers continue?! The situation is as follows: the director of the school, having too much power in his hands, gathers around him a group of people who are especially close, these people receive a huge salary, thanks to all sorts of additional functions that they supposedly perform, receive huge bonuses, and ordinary teachers live with penny for penny, with no way to earn. This group of people close to the leader does not have the same requirements that apply to other members of the team. I work at MBOU "Secondary School No. 13" named after. D.I.Kashigina in the city of Miass, Chelyabinsk region since March 1, 2012. My total teaching experience is 23 years. During all this time I have not received a single complaint about the quality of my work. In 2015, I defended the 1st qualification category, having only good references from the administration, colleagues and parents of students. The quality of my work has always been and is above the average for the institution, my students actively participate in various olympiads and competitions, often winning prizes. Director of MBOU "Secondary School No. 13", Fedorova Elena Alexandrovna, took this position in 2014. And since 2015, real lawlessness and lawlessness began in our school. Trying to protect my rights, I and several of my colleagues found themselves in a situation of constant psychological pressure from the head and her deputies. They use all methods, and the leaders have enough of them to put pressure on us, they say in plain text that it would be better for us to quit, that we still won’t be able to work together. We are assigned numerous checks, which do not have any serious grounds, the results of these checks are falsified, having nothing to do with the real picture. In October of this year, a full comprehensive check was carried out in relation to me, my work was recognized as extremely unsatisfactory, and I was reprimanded. But at the same time, at the end of the month, based on the results of the quarter, I received a bonus of 2,000 rubles for the high quality of my work. How could I achieve such high results with such test results? From December 1, another similar check is scheduled for me, but I think that the results of this check will be similar to the results of the first check. I believe that all checks, as well as the results of these checks, are aimed only at “surviving” me from work, because. I am an undesirable member of the collective for our administration, because I believe that it is necessary to defend our rights and protect them in every possible way, and I actively do this. I ask you to help in protecting my honor and dignity, because the head of our school is mobbing against me. I really hope for your help. Thank you.

Today, Russian education still needs to be improved, but active work in this direction is ongoing. Unfortunately, not every school has the material and technical support necessary to create comfortable conditions for students. The situation is further complicated by the fact that in practice there are a large number of examples when the heads of educational institutions exceeded their authority, thereby denigrating the title of a teacher.

Parents of students experiencing such a violation have every right to file a complaint. Alas, most Russians do not have information about which structure this document should be submitted to. As practice shows, it is extremely difficult to solve the problem on your own. The reason for this is the lack of theoretical and practical knowledge necessary to protect their own rights, as well as the presence of many specific nuances in the current legislation.

In view of all of the above, it is best to file a complaint with a qualified professional in advance. The help of a lawyer will become a kind of guarantor of the correctness of the preparation of the document, the formation of the most effective action plan and the achievement of the desired result.

It is important to remember that the school is an educational institution, which means that in the event of a conflict situation, you should act immediately. To save valuable time and avoid significant financial costs, it is best to communicate with a lawyer online. Remote consultation is not inferior in its effectiveness to a personal visit to a specialist.

From time to time, children may be wrong or exaggerate certain facts. That is why, before starting to write a complaint, parents need to independently verify the veracity of the words of their child. To do this, you need to talk to the parents of other students, talk to the children themselves, and also ask them to film the illegal actions of the teacher or director.

As soon as the evidence is in hand, you can begin to take action. The first step in resolving the issue should be an attempt to peacefully resolve the conflict. You can pay a personal visit to the leadership of the educational institution and verbally warn about the possible consequences.

Often, these actions are quite enough, since further proceedings can have an extremely negative impact on both the career of the perpetrator and the reputation of the educational institution as a whole. If a compromise cannot be reached, you can proceed to more radical ways to solve the problem.

If the principal or teacher of the school is biased towards the student, deliberately lowers grades or humiliates the child, this is a good reason to file a complaint with one of the following structures:

District Office of Education;
City Department of Education;
Ministry of Education and Science of Russia;
Certification and Licensing Service.

If you immediately file a complaint with all of the listed authorities, you can significantly reduce the likelihood of paperwork and minimize the risk of bureaucratic obstacles.

If one of the structures decides to ignore the complaint, employees of other authorities will already know about what happened and will definitely take action against the violator.

If the illegal actions committed against one or more students are more serious, the sanctions will also be different. In particular, if a student is being bullied physically or mentally, contacting the department or department of education will not be able to solve the problem. Given the seriousness of the violation, the enforcement measures should be as severe as possible, which means that Complaints should be submitted to the following authorities:

Police;
Prosecutor's Office;

After receiving the application, the listed state structures will promptly consider the complaint and assist in solving the problem. Measures against the violator must be taken no later than 30 days from the date of filing the application.

If a statement of claim is filed with the court, then you will have to deal with the presentation of evidence, as well as the legal justification of the complaint yourself. Taking into account this fact, it is best to seek help from a specialist who can competently organize the entire process and achieve a fair decision. Another nuance that parents of a student who has been subjected to moral or physical violence should take into account is the opportunity to file not only the main claim aimed at bringing the violator to justice, but also filing a petition for compensation for psychological harm.

The amount of the second claim is set by the parents themselves. If the petition is granted, the violator will be required to pay the parents the required money. If this requirement is not met, the case will be transferred to the jurisdiction of bailiffs, who have a wide range of powers to enforce debt collection.

The amount of the claim may be withheld from wages, collected by seizure and sale of the debtor's property, as well as by other methods. The offender may also be banned from leaving the territory of the Russian Federation and involved in public works.

In practice, there are also many examples when, in addition to imposing a monetary penalty, a teacher is deprived of the opportunity to carry out pedagogical activities in the future.

To date, the sample complaint filed against the principal of the school does not have a strict template. The document can be printed on a computer or handwritten. The main thing is to clearly follow the recommendations for drafting a claim, which prohibit the use of emotional statements, rudeness, abbreviations or abbreviations. Corrections, inaccuracies and errors are also unacceptable.

The document must comply with the norms and requirements of a business letter, be supported by evidence, and also include references to applicable law. The text of the complaint should be as informative and concise as possible.

The document must include the following information:

The name of the state body to which the complaint is directed;
Personal information about the applicant and his contacts;
Information about the offender;
Description of the conflict;
applicant's requirements;
The date of submission of the document and the personal signature of its author.

The complaint should be made in 3 copies. One copy is given to the violator. The second one is sent for consideration to the selected state structure, which, in turn, puts a mark on the acceptance of the application on the third copy and returns it to the author.

In accordance with the law, the complaint must be considered within 30 days from the date of its receipt. After the decision is made, the applicant is notified of the outcome of the process and the final result.

If a citizen considers the prescribed measures too lenient, he can challenge them by filing a lawsuit with the courts. In this case, experts strongly recommend not to try to learn all the subtleties of the legislation on your own, but to entrust this work to professionals.

An example of a complaint against a school principal from a parent

Instruction

State what you don't like about school. Maybe this is a rude or prejudiced attitude on the part of a particular teacher, extortion, poor quality of teaching. Talk to other parents, find out if they have any complaints. It is possible that you can write a collective letter.

First, write a complaint to the director. Such documents are drawn up in free form, but in any case, you need to indicate the position, surname and initials of the addressee, who complains and your contact details. Briefly and clearly describe what exactly you do not like. The main part of the letter should contain information about what exactly happened, where, when, with whom and through whose fault. Like any document, a letter addressed to the director is certified by signatures. Don't forget to include the date as well. The best way to file a complaint is through the secretary. It makes sense to write it in duplicate, keep one of them, but the secretary must certify it. Save the text of the letter.

The next place to go is the education department of the local government. The text of the complaint can be the same, just be sure to add that you contacted the director, but did not achieve a result. Complaints can be filed through the department secretary, through the general administration department, or by registered mail with acknowledgment.

Many municipalities already have official websites. Quite often, such a site also has an electronic reception. This is just a form in which you need to enter the necessary data: last name, first name, patronymic of the applicant, email address. In a special box, you can put down a heading - in your case, this is "Education". The text of the complaint should be short and clear. You can attach scans of documents to it - for example, the minutes of the parent meeting. You should receive an email notification that your letter has been received and registered. The order of consideration will be the same as with other citizens. You should receive an answer in a month, unless the situation requires emergency intervention or, conversely, does not require additional investigation. In the latter case, the period may be extended.

If necessary, you can contact the regional education committee. You need to add the phrase to the text that you applied to the local government, but did not receive a result. The method of sending is the same, that is, you can take the letter personally, send it by regular mail by registered mail with notification, send it by e-mail or through the "Electronic Reception" service. You can also complain to the Ministry of Education of the Russian Federation.

Far from every Russian school can be called a role model, and far from every school a child can feel at home. Each student can face a lot of problems - the illegal actions of teachers, the arbitrariness of the school principal, constant extortions for a mythical fund, etc. The reaction of parents or representatives of the child to such violations must be quick and decisive. As soon as you become aware of violations by teachers, principal or school administration, you should immediately complain to the appropriate authorities.

Preliminary measures

Where can I complain about a school? Where should I send a complaint about the school so that the case is not hushed up? First you need to make sure that the violation actually happened. Talk to the child - it is quite possible that the kid did not quite correctly perceive the behavior of the teacher (which often happens in the lower grades). Or the child decided to blame the teacher for no reason, hoping to avenge the child's insults. If the proceedings begin, and the commission establishes the fact of slander, the parents may have serious problems.

The second step is to consult a lawyer. A qualified lawyer will help you assess all legal risks and look at the problem through the prism of legal relations. An experienced specialist can easily give several examples from his practice as examples of resolving such conflicts. Even if your case is not from the category of complex ones, the help of a lawyer will allow you to avoid possible mistakes and make it possible to draw up the most effective plan of action.

List of instances

Here is a list of instances where you can send a complaint about the school:

Head teacher;
District Department of Education;
City Department of Education;
Licensing and Certification Service;
Ministry of Education.

When choosing an instance, you should be guided by the characteristics of your case. If you're having trouble with a teacher, the school principal should be first on your list. If the director did not respond to the complaint in any way, you should contact other organizations.

If you decide to complain specifically about the director, then you can forget about the first item on the list. In this case, you need to complain to all other organizations, and immediately. The more effort you put in, the more chances you have to win. When an experienced lawyer takes on the solution of cases of this kind, he does just that - he draws up complaints and sends them to all possible authorities.

Of course, we should not forget about the peaceful resolution of the conflict. You should not arrange a showdown, just talk with the person to whom you and your child have complaints. It is quite possible that you will be able to settle everything without undue fuss, wasting time and nerves. If you come across a blank wall, you can only complain.

All of the above instances will help you in solving such problems as a biased attitude towards a student, an unfair assessment of his abilities, etc. If your child has been physically or psychologically abused, do not waste time with the Department of Education and assessment services - immediately contact such authorities as:

militia;
prosecutor's office;

Very often, just a statement to the police or a lawsuit already gives the desired result - a teacher, director or other employee of an educational institution who violates the law immediately becomes a model of professionalism, and strives for a peaceful solution to the case, up to the payment of all required compensation. Regarding compensation - if the child received not only moral, but also material damage, a lawsuit will be an excellent way to recover expenses. Assess the damage received, correctly draw up a claim - and you are guaranteed to succeed.

Student Assessment Criteria

Wherever you decide to go, you must fully understand what kind of violation has occurred and what preventive measures you should require. There are no direct teaching and assessment rules that teachers should follow, everything is rather vague and can be interpreted in two ways. Usually, such issues are resolved at the school council, but there are still basic criteria for assessing the knowledge of schoolchildren that every parent should know:

Assimilation of skills and knowledge transferred by the teacher, as well as their compliance with generally accepted standards;
The level of formation of the student's educational activity;
The ability to analyze, observe, transmit information, the presence of a creative approach;
Activity and interest in learning;
Attention and effort.

It is this list that is an example of the assessment parameters that every teacher should be guided by. Moreover, the teacher can put in the diary only grades related to the first item. The rest of the points are more of an auxiliary nature - the teacher can praise the student, correct his actions, give advice, but without any official entries in the diary. Some teachers treat schoolchildren's diaries as their personal notebook, in which you can write anything and anywhere, without paying attention to the graphs. Such a vivid example of cynicism must be stopped, of course, without lawsuits - a face-to-face conversation is enough.

Often, a child unwittingly finds himself between two fires when the proceedings between the school and his parents drag on. Such cases are a vivid example of the wrong approach to solving such issues. Be careful how you draft the complaint – you must make it clear that the child is not to be affected by any aspect of the proceedings. You must stop even such phrases of a teacher or director as “tell your parents ...”, “your parents are being called to school ...”, etc. All this can negatively affect the attitude of the team towards the child, and cause psychological trauma.

Rules for filing a complaint

There is no single model for making complaints against a school. If, when drawing up an application for a passport and filling out other forms, you are given a standard sample of filling out, then in our case you can write everything in free form. The main condition is to follow the rules of documentation, not to make mistakes, corrections and abbreviations. You must provide only reliable data, and at the end put your signature.

When drafting a complaint, describe the conflict and add some of your own suggestions for resolving it. It is also worth asking some nuances:

What criteria are used to assess the knowledge of schoolchildren today;
How often should behavior be recorded in a diary?
How long has the teacher been taking refresher courses?

Ask to deal with the situation and inform about the measures taken.

As already mentioned, there is no single model for drafting a complaint. Of course, we are talking about the Department of Education, the Department of Education and similar instances. It all depends on where you decide to complain. When it comes to a statement to the police or a lawsuit, you will receive a standard template on the spot. If you competently draw up a complaint and submit it to all existing authorities, you are guaranteed to be heard. The main thing is to responsibly approach the solution of the issue.

The legislation of the Russian Federation strictly regulates the rights and obligations of the parties to the educational process, guaranteeing a reliable basis for protecting the interests and freedoms of minors. However, the school does not always guarantee this to its students. And this state of affairs can and must be fought. Timely and correct response to the problem and, of course, backing up your legal requirements with an up-to-date legal framework will help protect your children from the dark side of the educational process.

Grounds for filing a claim

In order to competently confront violations, it is necessary to have a clear understanding of the rights of students. Their complete list is established by the Federal Law of December 29, 2012 No. 273-FZ.

According to Art. 34 of the Federal Law No. 273, the basis for a complaint against a school, principal or teacher may be:

refusal to accept a student in a general education institution (regardless of his residence);
assignment of disciplinary sanctions to children of primary school age or students with pronounced features of psychophysical development and health status, as well as those who are on sick leave or holidays;
refusal to transfer to a special form of education (accelerated, individual, etc.) or to another school;
insulting the human dignity of a child (How to write a complaint about an insult), the use of physical or mental violence against him;
refusal to provide free psychological, socio-pedagogical and medical assistance;
imposing restrictions on freedom of conscience, expressing one's own views, transmitting and receiving information;
a ban on familiarization with the charter of the institution or its local legal acts;
forcing a student to work and attend events not related to the curriculum;
attraction to join political and public associations, as well as to take part in their activities without the consent of the child.

The legislation of the Russian Federation provides for a guaranteed right to education for every citizen. And especially in views, religious, political beliefs, the difference in social status and financial situation is not a basis for restricting this right.

Before sending a letter, you need to make sure that your claims are legitimate and that a violation has actually occurred. The last point can be bewildering, because the words of the child for most parents are irrefutable evidence and the defining basis for the complaint. But you should not rush to conclusions.

The fact is that children could misinterpret the actions of the teacher or add color to the situation under discussion for other reasons. We should not forget that school bullying is not always directed towards the student - the teacher can also become a victim of this negative phenomenon. But you shouldn't go to the opposite extreme either. By explicitly questioning a child's revelations, a parent runs the risk of depriving the child of much-needed help and protection.

Therefore, before filing a complaint, it is recommended to conduct your own small investigation: ask other students, parents about the incident and, if possible, have a correct conversation with the teacher. The information received will not only help to draw the right conclusion, but also add solidity to the appeal.

Feed features

In case of non-observance of the rights and freedoms set by the student, his parents or he himself can begin to implement measures to protect them. This process is regulated by Art. 45 of Federal Law No. 273-FZ.

For teachers

Misconduct by a teacher or other employee of a general education institution can be appealed as follows:

appeal to the immediate superior of the violator (principal of the school);
bringing the dispute before the committee.

A complaint addressed to the director shall be made in writing. When writing it, it is necessary to indicate:

Name of director.
School number and location.
The subject of the complaint (a brief description of the incident, the name of the teacher and student, information about possible witnesses).
The essence of the request.
Name of the applicant.
Date of.

It is also possible to resolve a disputable situation by filing an application by the student or his legal representative (parent, guardian) to create a specialized commission.

The members of the commission are representatives of the parents of students and school staff. They are selected by the parent committee and the competent authority of the educational organization.

The conflicting parties have the right to be present at the consideration of the application. Also, as necessary, witnesses and other persons capable of clarifying the problem under discussion are called to the meeting. Based on their testimony, legislative acts and regulations of the institution, as well as the results of a comprehensive analysis of the current situation, a decision is issued. Its content is mandatory for all parties to the dispute, but it can also be appealed in court.

If the outcome is unsatisfactory for the victim or there is no response from the management, the claim is submitted to higher authorities. In this case, both the original offense of the teacher and the inaction of the director are subject to appeal.

For the director

A claim against the director cannot be objectively considered within the walls of the educational institution and therefore it should be sent to the district education department. It is drawn up in the same way as a complaint against a teacher, only the name of the department should be indicated in the “header” of the appeal, and the number of the school and the name of the head of the school should be indicated in the content itself.

You can send a letter to the district office by mail or email. Also, municipal authorities have their own official portals, and some of them have electronic reception desks that provide convenient submission of applications for consideration by competent specialists.

To school

A complaint against the school is filed in case of complaints about the functioning of the entire institution, when not one person, but several, including the director, was noticed in illegal actions against students. The harm that was caused to the child during his stay on the territory of the educational institution is also the basis for appealing the school order as a whole. An example of this is an injury received in a physical education lesson - the teacher did not follow the discipline in the classroom, failed to ensure the safety of the students, or did not take into account the physiological characteristics of the victim, inadequately loading him with exercises.

The process of appealing a general education institution is similar to a similar procedure against the director. To do this, the applicant also needs to send a letter to the municipal government, and in the application itself, enter the address and number of the school, describe the offense and the list of offenders with full names and information about the positions held.

To higher authorities

You can achieve a greater effect by contacting the following government agencies:

Regional Department of Education. (for Moscow)
Federal Service for Supervision (Rosobrnadzor).
Ministry (Ministry of Education).

Regional Department of Education

This element of management of educational institutions in the hierarchy is higher than municipal structures and is subordinate to the Ministry of Science and Education. The competence of the departments includes the regulation and maintenance of the normal functioning of educational institutions, the development and correction of standards and programs, as well as monitoring the observance of the rights of students.

The list of departments and addresses of their official websites can be found on the portal of the Ministry of Education and Science in the section "In the subjects of the Russian Federation" - http://xn--80abucjiibhv9a.xn--p1ai.

The website of the regional branch of the ministry contains all the necessary information for citizens to apply in the corresponding menu item. As a rule, contact details and reception hours of authorized employees are presented there, some also have the “Electronic Reception” service.

In general, the formalization requirements are not difficult to fulfill: it is enough to fully and reliably state the essence of the problem and indicate its defendants. At the same time, one should not forget that the appeal should not be anonymous: in order to analyze the described situation on the merits, the competent authorities need to know the full name and contact details of the sender.

Rosobrnadzor

The Supervision Service detects, prevents and suppresses violations in the field of education management and educational institutions themselves. This means that you can complain to Rosobrnadzor not only about the school, director or teacher, but also about the district, regional administration or their officials.