Standard 23.02 07 maintenance. III
Is there a procedure for the transfer of children after the end of the lesson from teacher to teacher in the practice of general education organizations? For example, a math teacher finished a lesson in the 7B grade, which was held on the 1st floor in the "Mathematics" classroom. The next lesson of this class is with another teacher - the Russian language in another room on the 3rd floor (in the room "Russian Language and Literature"). At what point will the responsibility of the mathematics teacher for the life and health of children in grade 7B end and the responsibility of the Russian language teacher begin? Is the teacher responsible for the lives of children during recess?
Answer
No, there is no information about such practice. The teacher is responsible for the life of the children only during the lesson; during the break, supervision of the children can be carried out by duty workers.
Rationale
The school is obliged to create safe conditions for the education of children (Law of December 29, 2012 No. 273-FZ). The general management of work in this direction is carried out by the director, therefore, the responsibilities of the employees of the organization in terms of ensuring the safety of children are distributed by the head and reflected in job descriptions, internal labor regulations and other documents.
Defined by the Unified Qualification Handbook, approved. . Among them is the obligation to ensure the protection of the life and health of students during educational process. That is, the teacher is responsible for the lives of children only during the lesson.
The transfer of children from teacher to teacher after the end of the lesson is almost not feasible in practice. A break is a time for children to rest, at this time the children are not in one place (as, for example, in a lesson), so that one person can follow them.
In practice, in most cases during recess, teachers are on duty in corridors, recreation areas, canteens and other premises. Workers who are assigned to keep order in a particular area take measures to ensure the safety of all children in the entrusted area.
Actual now:
Bullying of children can be different: from mockery of appearance to physical humiliation. However, the opinion of parents and teachers that it is not worth interfering in children's “showdowns” and everything will be decided by itself is erroneous. Sometimes the cruelty of children and teenagers knows no bounds. We turned to lawyer Ekaterina Kovalenko to find out who is responsible for the child at school and where to turn if they are being bullied.
Educators have long recognized the existence of such a phenomenon as school bullying- a systematic and long-term process of conscious abuse of a child or a group of children. Conflicts between peers have long been an integral part of growing up. As in any social group, in school class have their own leaders. But what if the stronger offend the weaker and assert themselves at their expense?
Earlier, we already talked about how a schoolgirl took her own life because of bullying on social media(cyberbullying). Unable to solve the problem on their own and without support from parents and educators, some children decide what is best commit suicide rather than endure humiliation.
Therefore, be sure to pay attention to the mood of the child after he returns from school and take an interest in his life, because sometimes school “bullying” pushes children to unpredictable and tragic actions. For example, for mocking the red hair color, a 14-year-old British man in his own room. The police did not even open a criminal case due to the student's suicide, 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 begin to bear responsibility for it. This also applies to the time for change.
If a skirmish occurred in a lesson of Ukrainian literature, then the teacher of this subject is obliged to be responsible for its consequences. But, of course, not all children conscientiously attend every lesson.
“If the child came to the first lesson, and then did not appear at any of the subsequent ones, the teacher must inform the parents about this. And there can be no question of signing receipts on the removal of responsibility from teachers, ”explains the ex-director of one of the Vinnytsia schools Valery Dyak.
If a we are talking about extracurricular pastime, then, for example, in accordance with the instructions for organizing and conducting excursions and trips with students, each excursion group should have a leader and his deputies. It is they who bear full responsibility for the life and health of children.
What can the perpetrator be held accountable for?
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 Childhood", the Civil and Family Codes, the Law "On the Prevention of Violence in the Family" and "On Education".
In particular, according to the Law of Ukraine "On the Protection of Childhood", persons who violate it bear civil, administrative or criminal liability.
The Law "On Education" imposes on education workers obligation to protect the child from all forms of violence especially psychological.
“It is possible to bring to various forms of responsibility both offenders and teachers who neglect their duties and turn a blind eye to violations of children's rights,” 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, unfortunate teachers managed to avoid responsibility before the law and get off only with dismissal.
“They simply break the employment contract with these teachers, 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 commissions of teachers should sit.
We were approached by a woman whose child was put on her knees and beaten with folders, mocked. Hiding behind influential relatives and pedagogical trade unions, such teachers are again resumed at work and even in the same schools, ”explains Elena Ponomareva, chairman of the NGO Parents' Council of the 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 public in the media.
What to do if a child is being bullied
If a child is being bullied at school, most caring parents will first resort to to conversations with offenders and their parents, teachers, form teachers and school directors.
If talking does not help, psychologists transfer the child to another school. But in no case should you leave child abuse unpunished. As parents, you have the right to protect in appropriate government bodies and court the legitimate interests of their children.
Contact the school administration
The first step in protecting your child is to contact the school administration. A psychologist should always work there, and help 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 Commissioner for Children's Rights.
Contact the guardianship authorities
Also, for the protection of the rights, freedoms and legitimate interests of the child, you need to apply to local authorities, services for children, social service centers 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 employees include protection of children and young people from any form of physical or mental abuse.
Law enforcement and lawyers
If none of the “peaceful methods” of resolving the issue helped, stand up for your rights with the help of law enforcement agencies and lawyers.
In addition to teachers, the 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 bear full responsibility for a child under 14 years old, from 14 to 18 - they too, if the child does not have property or income sufficient to compensate. Age of criminal responsibility - 16 years.
But the Criminal Code establishes an exhaustive list of offenses for which a child can be prosecute before the age of 16. This is, in particular, premeditated murder, infliction of grievous or moderate bodily harm, theft, deliberate destruction of property, and so on,” lawyer Yekaterina Kovalenko notes.
The teacher, who neglected his duties and the rights of the child, the school administration must attract disciplinary responsibility.
My son, a 1st grade student at school, had an injury. He received a head injury, a hematoma and a concussion as a result of the actions of a classmate who deliberately grabbed my son from behind by the legs, using a fighting technique, which caused the son to fall, hitting his forehead on the floor. Seeing the swelling on the forehead, classroom teacher advised my son to wet his hands cold water and apply them to the forehead. The teacher did not assess the severity of the injury, did not call a doctor, did not report the incident to the school administration and parents. Medicine! cue office on the territory of the educational institution was not available. Due to the failure of the teacher and those responsible for the safety of the UVP to fulfill their duties, I became aware of the incident only after 3.5 hours after the incident. At my request, the watchman called an ambulance to the school, and the child was taken to the Children's Regional Clinical Hospital, where injuries were found. The teacher, in her defense, wrote an explanatory note with discrepancies in the facts of what happened in the hope that the case would not be given a move. I turned to! school principal with a statement about and! incident. To my demands to investigate the fact of the incident, the director said that you can complain "at least to the court." He showed me disrespect instead of worrying about his student's health. Of all, the director’s unwillingness to record the fact of injury was noticeable, which would lead to a deterioration in the image of the school, and cases of injury are deliberately hushed up by the school administration, because parents do not make cases public because of fear of psychological abuse of the child by teachers. Can I bring to criminal! oh responsibility of a minor hooligan, administrative responsibility of a teacher for not taking prompt measures to provide medical assistance to a minor, not informing the administrator on duty about the incident in a timely manner and to involve the school in the person of the director. If so, under what articles? With respect to you.
Answer
Hello, Elena Valerievna.
Public relations that arise in the field of education in connection with the realization of the right to education, the provision of state guarantees of human rights and freedoms in the field of education and the creation of conditions for the realization of the right to education are regulated by the Federal Law of 29.122.2012 No. 273-FZ "On Education in Russian Federation».
In relation to the case under consideration, I believe that it is advisable to consider the issue of the responsibility of an educational institution for the life and health of a student (your child). According to paragraph 7 of Article 28 of the Federal Law "On Education in the Russian Federation", an educational institution is responsible, among other things, for the life and health of students.
That is, in this case, you have the right to demand compensation from the educational institution for the harm caused (both moral and reimbursement for the costs of treating the child). At the same time, the parents of the child who hit your son are not responsible, because, according to part 3 of article 1073 of the Civil Code of the Russian Federation, if a minor citizen caused harm during the time when he was temporarily under the supervision of an educational organization, medical organization or other organization, obligated to supervise him, or the person who supervised him on the basis of an agreement, this organization or this person is liable for the harm caused, unless he proves that the harm arose through no fault of theirs in the exercise of supervision. Actually Art. 28 of the Federal Law "On Education in the Russian Federation" and Article 1073 of the Civil Code of the Russian Federation and will serve as the basis for your claim for compensation by the educational institution for harm caused to the health of your child. If the school refuses to voluntarily comply with your request, you have the right to file an appropriate statement of claim with the court.
The requirements for the statement of claim and the list of documents attached to the statement of claim are provided for by Articles 131,132 of the Civil Procedure Code of the Russian Federation.
Thematic reviews judicial practice on disputes in the field of education for 2013-2014
Overview 4. Responsibility for the life and health of children
This review presents the decisions of courts of general jurisdiction in a number of constituent entities of the Russian Federation on issues related to holding educational organizations and their officials liable for improper fulfillment of the obligation to ensure the life and health of children during the educational process. This category includes cases of violation of sanitary standards and fire safety requirements, cases of harming children while under the supervision of an educational organization, as well as cases of holding third parties liable for the sale of alcohol and tobacco products near educational organizations in violation of the law. ban.
Cases in this category are usually based on article 41 "Protection of the health of students", which in part 4 imposes on organizations that carry out educational activities the obligation to create conditions for the protection of the health of students in the implementation of educational programs, including ensuring:
1) current monitoring of the health status of students;
2) carrying out sanitary-hygienic, preventive and health-improving measures, training and education in the field of protecting the health of citizens in the Russian Federation;
3) compliance with state sanitary and epidemiological rules and regulations;
4) investigation and accounting of accidents with students during their stay in an organization carrying out educational activities.
Compliance with sanitary requirements in the implementation of educational activities
A significant number of cases in the period under review are related to violations of sanitary standards by educational organizations identified during a licensing examination, a scheduled inspection or an inspection following a complaint from the parents of students.
Of interest in this category of cases is the list of violations - what violations and to what extent the courts recognize as sufficient to hold educational organizations accountable. If the court recognizes the fact of violation of sanitary norms by the educational organization, the question arises about the limits of liability in case of lack of funding.
So, for example, in the Republic of Tatarstan, during the audit, it was found that in the activities kindergarten the requirements of sanitary rules and regulations are not observed: shade canopies on the playground are not working, the asphalt covering of the territory of the institution is damaged, sports grounds are not equipped. Supreme Court of the Republic Appellate ruling dated January 20, 2014 in case No. 33-584/2014 noted that non-compliance with sanitary and epidemiological requirements creates a potential threat to the safety of life and health of minor children and an indefinite circle of persons and placed the responsibility for eliminating violations of sanitary and epidemiological legislation on the local government and on the kindergarten as educational organization responsible for the life and health of students.
In the Lipetsk region, during the audit, the fact of violations of the requirements of sanitary legislation in the implementation of the educational activities of the municipal high school, in particular, the level of artificial lighting in classrooms primary school, mathematics classroom and gym did not meet the standard. The school was repeatedly issued instructions to eliminate the violations, in turn, the school repeatedly applied to the education department with an application for the allocation of funds, however, until the time of the trial, the violations were not eliminated. Lipetsk Regional Court Appellate ruling April 14, 2014 in case No. 33-951/2014 determined that the responsibility for financing these costs lies with the administration municipal district in case of insufficiency of the municipal budgetary educational institution of funds for the implementation of these actions. Such an obligation is imposed on the administration directly as the founder, owner of the property, as well as the body that organizes the provision of education, financial support for the implementation of the municipal task, taking into account the costs of maintaining real estate assigned to a budgetary institution.
The Supreme Court of the Republic of Mordovia came to a similar conclusion in Appellate ruling dated July 01, 2014 in case No. 33-1148/2014. The court ordered the administration of the municipality to allocate funds for the overhaul of the roof, the replacement of windows in the group rooms and recreation areas of the kindergarten building, ordered the institution to organize a major overhaul of the roof and replacement of windows, ensuring a continuous process of education for the period of repair, since it was established that the kindergarten building operated with numerous violations of sanitary and epidemiological rules and regulations. In particular, the following violations were found:
Window blocks in all group cells are in a dilapidated state, partially do not function and require replacement;
In the bedroom, the windows are covered with polyethylene, the frames are dilapidated, rotten and allow heat to pass through;
Window glazing is not made of a single double-glazed window, but assembled and selected from glass parts;
From the outside of the bedroom preparatory group the windows are covered with ice;
Ceilings and walls in the bedroom and toilet rooms of the first junior group, in the group, bedroom and toilet rooms of the preparatory group, in the bedroom and toilet rooms middle group are in an unsatisfactory condition, traces of roof leakage, mold on the ceiling and walls are visible;
The brickwork of the walls of the bedroom of the preparatory group, the winter garden, the music hall has potholes and chips, where water flows.
Thus, the court emphasized again that the obligation to ensure compliance with the requirements of sanitary and epidemiological safety by virtue of the law is the general responsibility of local governments and educational organizations. A similar decision was made by the Omsk Regional Court, which Appellate ruling dated June 04, 2014 in case No. 33-3458/14 obliged the budgetary educational institution to eliminate violations of the sanitary and epidemiological legislation: 1) replace window blocks in the pool bathroom, 2) replace defective tiles in all pool rooms, in the pool bowl; 3) repair the ceiling of the pool premises; 4) replace the old mosaic tiles in all areas of the pool. At the same time, the court assigned the obligation to finance the costs of eliminating violations to the owner of the property of a budgetary institution, noting that the relations for the maintenance of property belonging to the municipality and assigned to the municipal budgetary educational institution on the right of operational management are based on provisions on the right of ownership and other property rights , as well as due to the powers of the local government.
Not only the unsatisfactory condition of the premises, but also the non-compliance of the territory of the educational organization with the requirements of the law may be the subject of consideration in court. Thus, the Primorsky Regional Court in Definition dated June 04, 2014 in case No. 33-4683 established that the entrances and entrances to the territory of the educational organization, driveways, paths to outbuildings, to sites for garbage collectors should be covered with asphalt, concrete and other hard surface. At the same time, the pavement of the roadway should not have subsidence, potholes, or other damage that impedes the movement of vehicles. Manhole covers of manholes, repair inserts and gratings of storm water inlets must fit snugly against the corresponding supporting surfaces of their bodies. Since the violations revealed by the audit create a real danger of harm to the life and health of an indefinite circle of persons, the court placed on local governments the obligation to eliminate violations at the expense of the municipal budget.
A similar case on violation of the requirements for ensuring the security of the territory of an educational organization was considered by the Volgograd Regional Court. As follows from the case file in Appellate ruling dated February 20, 2014 No. 33-2176/2014 when examining the GBOU fence, it was found that most of it was destroyed, there was no mesh fence along 90% of the entire length of the fence, and there was a deviation of the support posts from the vertical. The court concluded that the identified violations create an emergency situation that threatens the life and health of students. These facts, according to the court, testify to the improper maintenance of property used to exercise powers in the field of education. Since the Ministry of Education and Science of the region is the founder of this institution, the court ordered the institution to restore the fence and repair emergency buildings, and the founder to finance these expenses. However, the court stressed that the mere absence of financial support the activities of the institution carried out by the defendant cannot be the basis for non-fulfillment of the requirements for the safety of life and health of students and teachers of the educational institution.
Sanitary and epidemiological requirements apply not only to educational organizations, but also to organizations providing training. An example is Appellate ruling Sakhalin Regional Court dated March 06, 2014 in case No. 33adm-380/2014. Based on the materials of this case, the correctional institution organized general and primary vocational education and professional education, as well as correspondence and distance learning convicts in educational institutions of secondary and higher vocational education. At the same time, in educational institution healthy and safe conditions were not created for the education of convicts in accordance with the requirements of the sanitary and epidemiological legislation, namely, the hygiene requirements for personal electronic computers and the organization of work were not observed, in particular: a separate room was not allocated for informatics lessons, a room for Informatics classes are equipped with 10 double desks for adults and wooden chairs that are not designed to work with a PC, 16 laptops were used for informatics lessons that did not have a sanitary and epidemiological conclusion, and there was no control over compliance with sanitary rules.
Implementation by an educational organization of medical care for students
According to requirements Part 1 Art. 41 Federal Law "On Education in the Russian Federation" health protection of students includes the provision of primary health care, the passage of periodic medical examinations and medical examinations by students, the implementation of sanitary and anti-epidemic and preventive measures. The organization of the provision of primary health care to students is carried out by the executive authorities in the field of healthcare. An educational organization is obliged to provide a medical organization free of charge with a room that meets the conditions and requirements for the implementation of medical activities. Passage of periodic medical examinations and medical examinations is carried out in the manner prescribed by law. Otherwise, the organization of health protection of students in organizations engaged in educational activities is carried out by these organizations.
Thus, the Federal Law "On Education in the Russian Federation" imposes on the educational organization the obligation to organize the protection of the health of students. At the same time, the forms of implementation of this obligation are not regulated by the legislation, which entails the need to establish the limits of the responsibility of an educational organization in a judicial proceeding.
For example, the Leningrad Regional Court in Definition of October 17, 2013 No. 33-4854/2013 considered the issue of the need to equip their own medical office in an educational organization. As follows from the materials of the case, there was no medical care for pupils in the kindergarten, the doctor and nurse did not carry out their activities. Despite the fact that the institution had a medical office, which is confirmed by the technical passport, under an agreement with the city hospital, the employees of this medical institution provided medical care to the pupils preschool in an outpatient department (children's clinic), and not in a kindergarten, which is contrary to law. The court ordered the health care institution to provide services to the pupils of the preschool institution, which, in turn, must provide premises for the work of medical personnel.
As the analysis of judicial practice shows, it is not enough to formally provide conditions for the protection of the health of students. The educational organization must take measures to prevent diseases, and in the event of infections, ensure the safety of students. For example, the Leningrad Regional Court considered a case on bringing to justice those “guilty” of an outbreak of acute intestinal infections in one of the schools in the region. AT Definition of February 27, 2014 No. 33-1062/2014 the defendant in the case was the city hospital, with which the educational organization had concluded an agreement on cooperation in medical care for students. The subject of the agreement was the provision of primary health care and preventive care by medical workers to school students. On the basis of an agreement in educational organization the medical office functioned and the nurse of city hospital worked. The court found that, in accordance with the requirements of the sanitary and epidemiological rules “Prevention of intestinal infections”, the obligation to timely notify cases of acute intestinal infection was fulfilled by the defendant. Since there was no evidence that the children had an acute intestinal infection as a result of improper performance of their duties by a nurse, the case materials did not contain, and medical care for students was properly provided at the school, the court dismissed the claim.
causing harmstudents while under the supervision of an educational organization
According to requirements Part 1 Art. 41 Federal Law "On Education in the Russian Federation" health protection of students includes ensuring the safety of students during their stay in an organization that carries out educational activities and the prevention of accidents with students during their stay in an organization that carries out educational activities.
Cases of causing harm to students are quite similar: the courts, as a rule, lay responsibility on the educational organization, even if the harm was caused by an employee of the organization or a child, including himself.