The responsibility of the school for the safety of children. Who is responsible for the safety of children in school and kindergarten? Who, when and where is responsible for the child

On the responsibility of the administration of an educational institution

for the life and health of students and pupils and employees of an educational institution during the educational process.

Clause 3 of Article 32 of the Federal Law of the Russian Federation "On Education" states that the educational institution is responsible in the manner prescribed by the legislation of the Russian Federation for: life and health of students, pupils and employees of the educational institution during the educational process. Also, clause 3 of Article 1073 of the Civil Code of the Russian Federation explains that if a minor caused harm while he was under the supervision of an educational, educational, medical or other institution obliged to supervise him, or a person exercising supervision on the basis of an agreement , this institution or person is liable for the harm, unless it proves that the harm was not caused by its fault in the exercise of supervision.
The next thing the school is responsible for is observance of rights and freedoms student. (Clause 3, Article 32 of the Federal Law of the Russian Federation "On Education").
The school is also responsible for creating conditions that guarantee the protection and promotion of the health of students... In clause 2.19, art. 32 of the Federal Law of the Russian Federation "On Education" states that the school is responsible for creating educational institution conditions for the work of subdivisions of public catering organizations and medical institutions, control of their work in order to protect and strengthen the health of students, pupils and employees of an educational institution. Clause 1 of Article 51 of the Federal Law of the Russian Federation "On Education" explains that an educational institution creates conditions that guarantee the protection and strengthening of the health of students and pupils. The study load, the mode of study of students, pupils is determined by the charter of the educational institution on the basis of recommendations agreed with the health authorities.
Many parents place the primary responsibility for the health of their children on the school: it is at school that children spend most of their time.
According to the long-held mistaken opinion, the school performs not only a purely educational function, but is a kind of "storage room". At school, children are supervised, and this creates the impression of the responsibility of the school in general and the teacher in particular for the health of the child. And in fact, the school does a lot. But such a system at the same time corrupts the parents and the trainees themselves, developing their consumer attitude towards teachers and the institution as a whole.
And in accordance with the requirements of the Family Code of the Russian Federation, parents have a preferential right to educate their children over all other persons, and ensuring the interests of children should be the subject of their main concern. In this regard, it is wrong to transfer the lion's share of responsibility for the state of children's health to the class teacher or school principal.
Of course, in accordance with the current legislation, the main duty of any educational institution is, first of all, to preserve the life and strengthen the health of children.
That is why it is strictly forbidden in schools to let students go to various events (rehearsals, competitions) at the personal request of students, outsiders, parents without the permission of the school administration. It is forbidden to remove students from the lesson. During the lesson, the teacher is fully responsible for the life and health of the children. And he must release students from the lesson only on the call and not delay at recess.
Excursions, hikes, competitions and other activities outside the school are allowed only after the issuance of an order from the school director. And responsibility for the life and health of children during such actions is borne by the teacher, educator or any other school employee who is designated by the order of the director as an accompanying and responsible person.
If children are centrally delivered to school by a school bus, the educational institution assumes responsibility for the child from the moment he gets on the bus.
In some schools, parents, in accordance with a written agreement with the school, take responsibility for the life and health of the child when he goes to and from classes. This will activate the desire of parents to participate in the prevention of road accidents and, if possible, accompany their children to and from school.
But even if all the teachers in the school have passed all the necessary instructions, even all the school equipment, furniture and territory are ideally landscaped, even if a person responsible from the school administration is installed for each of their square millimeters, still no most verified set of security measures can interfere a student to seize the moment and jump from the third floor to an argument with his classmates ... Therefore, in this case, it is hardly worth talking about bringing the school to property liability.

So, if an accident happens to a child within the walls of a school, who is responsible? While the child is within the educational institution, those school workers who are engaged with him at a given moment are responsible for his life and health. In the classroom, this is the teacher, during the break - the teacher on duty. The principal is generally responsible for all students. If, say, a child is injured, then, as a rule, a certain amount of the blame lies not only with the school staff, but also with the direct culprit. If harm is caused to the child's health or moral damage, parents can sue the school administration for compensation for physical and moral harm. But in this case, they will have to prove that there is no direct fault in their child's actions.

In the event of injury or other damage to the health of a minor who has not reached fourteen years of age (minor) and does not have earnings (income), the educational institution responsible for the harm caused is obliged to reimburse the costs caused by the damage to health (paragraph 1 of Article 1087 of the Civil Code of the Russian Federation). In accordance with paragraph 1 of Article 1085 of the Civil Code of the Russian Federation, expenses caused by damage to health include: expenses for treatment, additional food, the purchase of medicines, prosthetics, outside care, spa treatment, the purchase of special vehicles, if it is established that the victim needs these types of assistance and care and is not entitled to receive them free of charge. When the minor victim reaches fourteen years of age, as well as in the event of harm to a minor between the ages of fourteen and eighteen who has no earnings (income), the educational institution responsible for the harm caused is obliged to compensate the victim, in addition to the costs caused by damage to health, also harm, associated with the loss or decrease in his ability to work, based on the fivefold statutory minimum wage (paragraph 2 of Article 1087 of the Civil Code of the Russian Federation). If at the time of damage to his health the minor had earnings, then the harm is compensated based on the amount of this earnings, but not less than five times the minimum wage established by law (paragraph 3 of Article 1087 of the Civil Code of the Russian Federation).

The principal is responsible for all of the above.as an official in accordance with the laws of the Russian Federation and the charter of the school. So in paragraph 7, Article 51 of the Federal Law of the Russian Federation "On Education" it is said that the responsibility for the creation necessary conditions for study, work, recreation of students, pupils of educational institutions are carried by officials of educational institutions in accordance with the legislation of the Russian Federation and the charter of this educational institution.

Child abuse can range from physical mockery to physical humiliation. However, the opinion of parents and teachers that one should not interfere with children's “showdowns” and that everything will be resolved by itself is wrong. Sometimes the violence of children and adolescents knows no bounds. We turned to lawyer Ekaterina Kovalenko to find out who is responsible for the child at school and where to go if he is being bullied.

Educators have long recognized the existence of such a phenomenon as school bullying - a systematic and long-term process of deliberate abuse of a child or group of children. Peer conflicts have long been an integral part of growing up. As in any social group, the classroom has its own leaders. But what if the stronger ones offend the weaker ones and assert themselves at their expense?

Earlier we already talked about how a schoolgirl took her own life because of harassment in social networks (cyberbullying). Not being able to solve the problem on their own and without receiving support from parents and teachers, some children decide which is better to commit suiciderather than endure humiliation.

Therefore, be sure to pay attention to the child's mood after his return from school and take an interest in his life, because sometimes school "bullying" pushes children to unpredictable and tragic actions. For example, for taunting red hair, a 14-year-old British man in his own room. The police did not even initiate a criminal case over the suicide of a student, explaining this by insufficient evidence.

Who, when and where is responsible for the child

As soon as your child crosses the school threshold, the school administration and teachers are beginning to be responsible for it. This also applies to the time for change.

If a clash occurred in a Ukrainian literature class, then the teacher of this subject is also responsible for its consequences. But, of course, not all children conscientiously attend every lesson.

“If a child came to the first lesson, and then did not come to some of the following, the teacher should inform the parents about it. And there can be no question of signing receipts for the removal of responsibility from teachers, ”explains the ex-director of one of the Vinnytsia schools Valeriy Dyak.

If we are talking about extracurricular pastime, then, for example, in accordance with the instructions for organizing and conducting excursions and travels with pupils and students, each excursion group must have a leader and his deputies. They are the ones who bear full responsibility for the life and health of children.

What the abuser can be held accountable for

The legislation on the protection of the rights of the child is quite diverse. The main international document in this area is the UN Convention on the Rights of the Child. In Ukraine, these are the Constitution, the Law "On the Protection of Children", the Civil and Family Codes, the Law "On the Prevention of Domestic Violence" and "On Education".

In particular, according to the Law of Ukraine "On the Protection of Childhood", persons who have violated it bear civil, administrative or criminal liability.

The Law "On Education" imposes on educators duty to protect the child from all forms of violence, in particular psychological.

“Both offenders and teachers who neglect their duties and turn a blind eye to violations of children's rights can be brought to various forms of responsibility,” the lawyer notes.

There are times when schoolchildren are not bullied by children, but, in fact, by the teachers themselves. For example, a year ago, several such scandals erupted in Lviv at once. Unfortunately, would-be teachers managed to avoid responsibility before the law and get off with only dismissal.

“With these teachers they just break labor contract, they are not punished. Let someone explain to me: what is the difference between a pedophile who mocks physically and a teacher who mocks a child’s psyche? In such cases, criminal cases should be initiated, and not a meeting of the commission of teachers.

We were approached by a woman whose child was put on her knees and beaten with folders, mocked. Under the cover of influential relatives and pedagogical trade unions, such teachers are resumed at work and even in the same schools, ”explains Elena Ponomareva, chairman of the Parent Council of Lviv Region.

Parents should not be afraid to spoil relations with the school and seek punishment for such teachers: contact lawyers, law enforcement officers, carry out medical examinations on the fact of beating, make it public in the media.

What to do if a child is being bullied

If a child is bullied at school, most caring parents first resort to to conversations with offenders and their parents, teachers, class teachers and school directors.

If conversations do not help, psychologists transfer the child to another school. But in no case should the child abuse go unpunished. As parents, you have the right to defend the legitimate interests of your children before the appropriate government agencies and courts.

Contact the school administration

The first step in protecting your child is to contact the school administration. A psychologist should always work there, and assistance in resolving conflicts between children is his job.

If the administration educational institution refuses to conduct conversations between children and a psychologist, you can contact the local department of education, the Ministry of Education and Science of Ukraine and the Ombudsman for the Rights of the Child.

Contact the guardianship and guardianship authorities

Also, for the protection of the rights, freedoms and legitimate interests of the child, you need to contact local government bodies, services for children, centers of social services for families, children and youth, the prosecutor's office and other authorized bodies.

According to the article of the Law "On Education", the duties of pedagogical and scientific-pedagogical staff include protecting children and young people from any form of physical or mental violence.

Law enforcement and lawyers

If none of the "peaceful methods" of resolving the issue helped, defend your rights with the help of law enforcement agencies and lawyers.

In addition to teachers, responsibility lies with the parents of disobedient students who resort to bullying others.

The norms of the Civil Code, the Code of Ukraine on Administrative Offenses and the Criminal Code provide that it is the parents who bear civil and administrative responsibility for the violation of the law by their children. And in some cases, even criminal liability.

“The Civil, Criminal Codes and the Code of Administrative Offenses of Ukraine stipulate that parents are fully responsible for a child under 14 years old, from 14 to 18 - they are also responsible if the child does not have property or income sufficient for compensation. Age of criminal responsibility - 16 years.

But the Criminal Code establishes an exhaustive list of offenses for which a child can prosecute before the 16th birthday... These are, in particular, premeditated murder, infliction of grievous or moderate bodily harm, theft, premeditated destruction of property, and so on, ”says lawyer Ekaterina Kovalenko.

A teacher who neglected his duties and the rights of the child, the school administration should involve disciplinary responsibility.

Material for the teacher's council on the topic "SAFETY".

SCHOOL SAFETY -this condition for the preservation of life and health of students and workers, as well as material assets from possible accidents, fires, accidents and other emergencies (Order of the Ministry of Education of the Russian Federation dated January 12, 2004 No. 31 "On approval and implementation of the program of the Ministry of Education of Russia for 2004-2007" Safety of an educational institution " ).

The problem of building an effective security system should be solved taking into account the specifics of the school and the likelihood of certain threats by maintaining the safe state of the school (Letter of the Ministry of Education and Science of the Russian Federation of August 30, 2005 No. 03-1572 "On ensuring security in educational institutions") ...

Students:

• are trained (during school hours) on the course "Fundamentals of Life Safety" and the discipline "Life Safety";
• take part in civil defense exercises and trainings;
• read memos, leaflets and manuals, listen to radio broadcasts and watch television programs on civil defense topics.

List of measures to ensure safety.

1. Security:

∙ Ensuring access control;

∙ School property security;

∙ Protection of students' property (wardrobe);

∙ Ensuring order during mass events.

2. Organizational and technical:

∙ Strengthening of fences, bars on the windows of the 1st floors;

∙ Installation of security and fire alarms, incl. "Panic button";

∙ Installation of access control systems (intercoms) and video surveillance systems.

3. Preventive:

∙ Conducting trainings with school personnel on emergency response;

∙ Periodic inspections of the protected object;

∙ Interaction with law enforcement agencies (counteraction to "school" hooliganism, including telephone terrorism) and public organizations.

4. Ensuring the safety of the educational process

School safety is a priority for the school administration and teaching staff.

Responsibility of an educational institution for the safety of children

Ensuring the safety of students during the educational process is one of the conditions for the work of the school. In case of violation of this condition, the educational institution should be held liable in accordance with the current legislation.

In a physical education lesson, the student could not resist the rope and, having fallen, received a back injury. What punishment awaits the teacher? Does the fact that the girl climbed the rope without reacting to the teacher's ban affect the situation?

The punishment will be borne, first of all, not by the teacher, but by the school, since, according to Art. 1068 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), the employer compensates for the harm caused by the employee in the performance of labor duties. Therefore, in this case, it is the school that must compensate the student's parents for moral damage, as well as the costs of treatment.

And the teacher can expect the following:

1. For improper performance of their duties, a teacher can be brought to disciplinary responsibility (up to and including dismissal, it depends on the severity of the injury) in the manner prescribed by Art. 192 and 193 of the Labor Code of the Russian Federation. The current legislation does not contain such a concept as "did not react to the teacher's prohibition," therefore this nuance does not affect the situation in any way. The exception is the so-called "force majeure", which in this case does not exist.
2. The school, having paid the student's parents material compensation and moral damage, has the right to recover the amount of expenses incurred by her in the manner of recourse from the guilty teacher (Article 1081 of the Civil Code of the Russian Federation).

In addition, in the event of serious harm to the health of a student (this must be confirmed by the results of a forensic medical examination)the teacher can be prosecutedunder Part 2 of Art. 118 of the Criminal Code of the Russian Federation (hereinafter - the Criminal Code of the Russian Federation) (causing grievous bodily harm due to negligence due to improper performance by a person of his professional duties).

The teacher took the class on a field trip. Upon his return, it was discovered that one student was "lost somewhere." It turned out that the child in the confusion did not have time to get on the desired bus. He got to school on his own. How can such a negligent attitude towards duties threaten a teacher? And if something happened to the child, what would be the responsibility of the teacher? Does it matter how old the child is?

For the "loss" of a student on an excursion (if the student did not suffer), the teacher is only threatened with disciplinary action (reprimand or reprimand). But if something happened to the child at this time, the responsibility, as in the first case we examined, would be borne primarily by the school, and then by the teacher (disciplinary sanction, regression, criminal case).

Article 32 of the RF Law "On Education" does not differentiate the responsibility of an educational institution for the life and health of students, depending on the age of the latter. Therefore, in whatever class the child is studying, his "loss" during the excursion will entail the same consequences for the school and the teacher.

In math class, two students fought. The conflict between them began during the break, but at the beginning of the lesson they again began to sort things out and both received minor abrasions and bruises. Is the teacher to blame? To whom can parents make claims?

The teacher in this case, of course, is to blame, since he, as a representative of the school, was obliged to take all measures to prevent any (even minor) harm to the health of students (including as a result of a fight). Parents, according to the above Art. 1068 of the Civil Code of the Russian Federation, must make claims not to the teacher, but to the school.

At recess, one student hit another, and he, falling, hurt his head badly. Can parents file a complaint with the teacher on duty and the student at fault?

Guided by Art. 1068 of the Civil Code of the Russian Federation, parents can make claims only to the school itself. They can also be advised to write to the director a complaint against the teacher on duty for a disciplinary (service) investigation against him, as a result of which the teacher on duty may be brought to disciplinary responsibility.

A high school student encouraged the younger children to join an organization, a club (in fact, a sect), handed out leaflets, invited them to meetings. Concerned parents came to the headmaster with a demand to punish the student. Can she be held accountable?

The student does not bear any responsibility, regardless of age. Responsibility rests entirely with the educational institution (school), including the specific teachers who allowed the illegal distribution of campaign material among minors.

The middle school student was late for class and the teacher would not let him go to class. The child went for a walk around the school and fell down the stairs. To whom can parents make claims?

Parents must file a complaint with the school, because, as mentioned above, according to Art. 32 of the Law of the Russian Federation "On Education", the educational institution itself bears responsibility for the life and health of students during the educational process. Responsibility of the teacher comes only in the order of recourse or in the case of causing serious harm to the health of the child (part 2 of article 118 of the Criminal Code of the Russian Federation).

Can the teacher let the student go to the toilet from the lesson?

lawyer, consultant of the information center "MCFER Education Resources"

1. Insufficient supervision of students

There is “rule number one”, which is most often violated in schools: never leave students (regardless of their age) alone in the classroom, unattended! Without a doubt, most accidents with schoolchildren happen precisely when the teacher does not see them - and, unfortunately, very often this is the result of weak or poor-quality supervision or a decision simply"Go out into the corridor for a second"... No matter how busy, obligatory and exemplary the children are, they never - I repeat, never! - should not be left without the supervision of a responsible adult, especially in the classroom.The school must have clear procedures that define alternative supervision of students in the event of a forced absence from the classroom. Teachers are required to follow this procedure. Dot.

2. Neglect of teaching students the necessary rules

While it is widely believed that schoolchildren are most likely to be injured on the playground or during recess, they are also at risk simply by moving from one class to another or from one activity to another. Well-planned procedures for the movement of students, as well as behavior on the street, in everyday life will create all the conditions for such incidents to be suppressed before they begin. But the key to success in such situations is to make sure thatcorrectly present the necessary rules to children andteach schoolchildren to strictly follow them. There are three main steps that can help you:regular and systematictraining, application and, if nessesary,retraining. Clear repetitive actions are firmly capturedin the memory of schoolchildren and become a habit, as a result of which the number of accidents and accidents with children decreases. (Systematic conducting of briefings) - folder of class teachers.

4. Poor knowledge of school safety rules and failure to comply with them

Each teacher is required to know all the safety rules and strictly follow them, periodically updating their knowledge.

Without refreshing knowledge of these materials from time to time, forgetting about the need to comply with safety rules, teachers put the school, students and themselves in a dangerous position that will not protect them if a child under their care is seriously injured while they have violated the relevant rules or regulations. (Access control, instructions of the duty class, teacher, house rules, etc. Orders)

Can we keep children safe from all dangers? Of course not. But everyone can do everything in their power to be sure that accidents at school really happen by accident, and not because of our negligence, irresponsibility or inability to pay due attention to the problem that has arisen. After all, no teacher wants to worry at night about whether a student has been hurt by ignorance, frivolity, or oversight.

Article 44. Rights, duties and responsibilities in the field of education of parents (legal representatives) of minor students

1. Parents (legal representatives) of underage students have a priority right to the education and upbringing of children over all other persons. They are obliged to lay the foundations of the physical, moral and intellectual development the personality of the child.

2. State authorities and local self-government bodies, educational organizations provide assistance to parents (legal representatives) of minor students in raising children, protecting and strengthening their physical and mental health, developing individual abilities and the necessary correction of violations of their development.

3. Parents (legal representatives) of minor students have the right:

1) choose before the child completes receiving the main general education taking into account the opinion of the child, as well as taking into account the recommendations of the psychological, medical and pedagogical commission (if any), the forms of obtaining education and the form of training, organizations that carry out educational activities, language, languages \u200b\u200bof education, elective and elective subjects, courses, disciplines (modules) from the list offered by the organization carrying out educational activities;

2) give the child pre-school, primary general, basic general, secondary general education in the family. A child who is educated in a family, by the decision of his parents (legal representatives), taking into account his opinion at any stage of education, has the right to continue education in an educational organization;

3) get acquainted with the charter of an organization carrying out educational activities, a license to carry out educational activities, with a certificate of state accreditation, with educational and program documentation and other documents regulating the organization and implementation of educational activities;

4) get acquainted with the content of education, the methods of teaching and upbringing used, educational technologies, as well as with the assessments of the progress of their children;

5) protect the rights and legitimate interests of students;

6) receive information about all types of planned examinations (psychological, psychological and pedagogical) of students, agree to conduct such surveys or participate in such surveys, refuse to conduct them or participate in them, receive information about the results of the surveys carried out by students;

7) take part in the management of an organization carrying out educational activities in the form determined by the charter of this organization;

8) be present at the examination of children by the psychological, medical and pedagogical commission, discussion of the results of the examination and recommendations obtained from the results of the examination, express their opinion on the proposed conditions for the organization of education and upbringing of children.

4. Parents (legal representatives) of minor students are obliged:

1) ensure that children receive general education;

2) comply with the internal regulations of the organization carrying out educational activities, the rules of residence of students in boarding schools, the requirements of local regulations that establish the mode of study of students, the procedure for regulating educational relations between the educational organization and students and (or) their parents (legal representatives) and registration the emergence, suspension and termination of these relations;

A new one is coming academic year, and the parents have a question: who will be responsible if the child gets bruises and abrasions during breaks?

Related materials:

Children are very restless. They fight, push, and sometimes just play in a way that makes your heart go. It's good if you are around and can prevent. And if the child is at school? Of course, the teacher is responsible for the students. And at recess?

What does the law say?

The measure of responsibility in such cases is prescribed in several documents at once. In March 27, 2006, it is said that teachers are responsible for the health of their pupils during breaks and in between classes. Based on the meaning of Article 56 "The Child's Right to Protection" of the Family Code, it can be clarified: while the child is within the educational institution, those school employees who are working with him at the moment are responsible for his life and health.

In other words, in the classroom this is the teacher, during the break - the teacher on duty. The head of the educational institution bears overall responsibility for all students.

What to do?

If your child is injured during recess and you are ready to seek the truth, you need to:

1) Write a written application addressed to the director of the institution with a request to conduct an official investigation of the accident and issue you with an accident report. Parents also have the right to ask the administration to take action on the fact of injury, for example, punish the guilty teachers, take measures to ensure the safety of children in an educational institution, maybe a teacher council meeting on this situation is required.

2) Record the fact of injury. If the school refuses to issue an accident report, the records of the examination of the child in the emergency room and the data of the corresponding medical documents on the examination of the child are evidence of the injury.

3) After the child's injury is recorded in writing, we can talk about reimbursing the cost of treatment and moral harm caused to the child. The amount of compensation for non-pecuniary damage is determined by the court depending on the nature of the physical and mental suffering inflicted, as well as the degree of guilt of the inflictor of harm. In case of a positive decision, you will be given a writ of execution, on the basis of which funds will be collected from the perpetrator.

Responsibility of educators

The case may not be limited to payments to the victim alone. If the teacher is found guilty of improper performance job duties, then the employer has the right to apply a disciplinary sanction to him - a remark, a reprimand, (Article 192 of the Labor Code of the Russian Federation).

If the harm to the child's health was due to a violation of safety or labor protection rules, the punishment can be much more serious. So, if the violation was committed by a person who was responsible for observing these rules, then even criminal liability is possible.

Article 293 of the Criminal Code of the Russian Federation provides for a fine of up to 200 thousand rubles, or in the amount of salary or other income for a period of up to eighteen months. As an alternative, correctional labor for up to two years, or imprisonment for up to one year are provided.

If the death of a child is the result of a violation of safety rules, then the person responsible for compliance with these standards is threatened with imprisonment for up to three years with the deprivation of the right to hold certain positions or engage in certain activities for up to three years or even life.

You can't execute, pardon

It is interesting that if the children had a fight and one, for example, broke the head of another, the parents of the victim, in accordance with Art. 1068 of the Civil Code of the Russian Federation, have the right to sue only the school administration. The direct culprit of the incident in this situation is not subject to jurisdiction.

Sometimes accident is the cause of injury. If the school administration proves that there was no fact of oversight, the claim will be rejected (clause 3, article 1073 of the Civil Code of the Russian Federation). For example, if your child was walking down the stairs and twisted his leg. If everything was in order with the stairs, then there is no one to blame for this accident.

Children insurance

Few people think about what health is possible. This, of course, will not save him from injuries, but it will protect you from the situation when the child needs to be treated, but there is no money for this. At the request of the parents, the annual policy can be with round-the-clock protection or only during those hours when the child is at school.

Keep in mind: the amount of the payment depends on the severity of the injury, but will never be higher than the sum insured written in the policy. If a child fights during a school break with a slight concussion, the payment will be 15-20% of the sum insured. You will be paid about the same amount if a child dislocates his shoulder in physical education. In case of serious injury or death of the child, the parents will be paid the insurance amount in full.