From September 1, more than a month. But the spirit of freedom that is inhaled, the students all summer, still in their burning eyes, painted lips, tattoos and piercings. Even the school dress code, regulated by the statutes of educational institutions was not able to get the guys to trim slant bangs, bleach green hair and erase the caller manicure. So it took the Directors of the schools that are right on the threshold began to expand students stand out from the crowd.
The Internet exploded with posts of outraged parents. “The child was expelled from school! Whether the right?” – they questioned. “MK” has decided to help participants in the educational process to understand this situation and find out whose side the law and what “taboo” schools in fact have the authority to impose.
“Tell me, daughter 14 years old, dyed her hair pink. Whether the right of a Director to avoid school?” – asked a resident of Moscow Noginsk in the social network. “Recently the leadership of the school with a janitor syndrome decided that my hair was too long and actually refuses to let me in the school” collects “likes” 10th grader from Volgograd.
“For 25 years, working as a teacher. My hair is long adolescence. Right to this pricesdo I defended back in grade 9: a firm stance, calm tone, convincing argument,” explained the scholar how to “bend the line”, the teacher from Voronezh. However, among the sympathizers of the posts come across and the exclamations of indignation adherents of the strict rules. “What kind of paint in 14 years?!! Have made a farce of educational institutions, and then complain that the academic performance of students is low. Only someone with medals and certificates of good finishes, and someone with pink hair at the cashier sits, that’s where your personality just by the way,” wrote one militant minded lady.
Where is the truth? That might be reflected in the school Charter that it does not contradict Federal law?
– According to paragraph 1 of article 51 of the Law “On education” an educational institution creates conditions guaranteeing protection and strengthening of health of pupils, – has explained “MK” subtleties civil rights lawyer Alexey Pecan. – So the teacher under any circumstances has no right to expel a student from class. Not be allowed in class is a serious violation. Director for it threatens at least administrative punishment.
In a number of Russian regions schools set excessive requirements to appearance of pupils, – said the Deputy of the state Duma Vladimir Burmatov. For example, in the Kurgan region in nine schools Prosecutor’s office quashed the regulations on the appearance of students, because there was spelled out completely nexusmedia. We have examples when principals of the ruler begin to measure the thickness of Shoe soles students. If the Ministry of education issued a single letter, what is the school uniform how to adapt to its implementation, which factors to consider, all this mess could have been avoided.
Author of works on the history of school reform member of Russian Academy of education Anatoly Barber believes that the rating of appearance of pupils of educational institutions did not rely on that.
Question regarding appearance of the student at the Federal level, so still not solved — it’s just a matter of debate. But to give it at the mercy of the city, as is the case with skley form (requirements for the form of 2015, should develop a regional education committees. – “MK”) is, frankly, scary because of the modern teacher, unfortunately, has ceased to educate. It is easier to establish a system of prohibitions, than to establish a competent educational process. The current temples of knowledge are the rating agencies. Formalism and show — that’s what school. And they employ incompetent staff who can afford the icon with the name Navalny to call the kid a traitor and equate this badge to melee weapons. (remember, the Director of the Lyceum №41 in Vladivostok threatened 16-year-old student Simon Golubovsky expulsion and prison for what he brought to school icons “Bulk 2018”. – “MK”).
At the Federal level, no particular associated with the appearance of students is not regulated, I agree with Tsiryulnikova state Duma Deputy, former Director of the school, Vera Hansa. – Introduction forms are an internal matter of the educational organization. In my opinion, form should be as uniform requirements to clothes of students disciplinary. But too zealous approach to the issue of the school dress code, and drive for flashy jewelry too. You just need common efforts with the involvement of parents to educate children’s taste. Each Director must understand that during school hours he head is responsible for his players, so to go to extreme measures and set the door of the children in any case impossible.
Circulars detailing accessories students, does not exist and regional levels. As there are no ethics commissions that would publish them. However, the difficult role of the censors willingly undertake educational institutions, referring to the letter of the Ministry of education of March 28, 2013 “On establishment of requirements to clothes of students”. It says the following: “Students not recommended wearing in educational institutions clothing, shoes and accessories with traumatic accessories, symbols of asocial informal youth associations, and promotes substance use problems and illegal behavior.”
But this formulation focuses on the physical and mental safety. It does not give schools the legal right to meet children on clothes and count the earrings in the ears of the girls and guys. Therefore, the statutes of educational institutions, where meticulously lists of what not to wear, by and large contrary to law. But not in all.
– The law is written that the educational organization “establishes requirements to clothes of students, unless otherwise established by the legislation of the subject.” Mind you, only to your clothes, – said “MK”, the Chairman of the Committee on education, culture and tourism of the Moscow region Duma Oleg Rozhnov. – That is, the authority of the school, which she must fulfill, based on the objectives of the educational process, a sense of proportion, common sense. My personal opinion, restrictions on the dress code should be, permissiveness in appearance and clothing is unacceptable. If parents believe that the school administration “goes too far” in this issue, there is a parental Committee, who shall have the right to Express its opinion of the Director, or the education authorities or to the Prosecutor. In our region of similar complaints to the Prosecutor was not.
But in other regions the Prosecutor’s check — it is a normal phenomenon. Literally in early September Tyulyachinsky the Prosecutor’s office of Tatarstan has checked whether the local requirements of the schools to the appearance of students to the requirements of Federal law. And it turned out that no. “At one of the schools forbade to come to study with extravagant hairstyles punk and zero. Boys don’t wear headbands and tails at the back, girls a bright manicure with a pattern and rhinestones. All students are forbidden to wear massive brooches, rings and other jewelry”, – quoted local regulations on school uniform assistant attorney tyulyachinsky district Ilnur Mukhametzyanov. The Prosecutor’s office demanded that the four educational institutions to make changes in their provision. A year ago a similar story took place in Karelia. The Prosecutor’s office loukhskiy district stood up for local schoolchildren, demanding to abolish the local regulations. “In some schools it was forbidden heels higher than 5-7 cm, it prescribes that the hair of students should be a natural colour and tidy, make — up- discreet. Some schools banned piercings, bright manicure and big bags,” — said the press service of the Prosecutor’s office. In the end, the Department sent to schools 17 protests against illegal local regulations 14 of them were satisfied.
– Requirements to appearance of pupils, though strict at first glance, but, nevertheless, logical and reasonable – trying to put in a good word for “my brother” the teacher of one of the suburban Skoll Nelly Krasnogorsk. Within schools nothing should distract from the lessons, therefore, there needs minimalism and simplicity. Each school has its own specific Charter. This is normal. A ban prosecutors across the country are still sporadic.
But she was ready to argue a colleague from the Saratov region Valentine Shimko:
The limits, deliberately not marked by the Ministry of education, according to officials, should be in our minds and not on paper. Let the students still show their individuality. To look stylish enough to add a few extra touches to his outfit: fashionable scarf, tie, leggings worn under a skirt or a Bolero instead of a jacket. The school can not deny it and turn all in one grey or blue (red, black) weight. By the way, the Declaration on the rights of the student UN in black and white: “Every student has the right to determine its appearance”.
What should be the form, decide the regions, and nitpick no one has the right – explains the Chairman of the National Union of manufacturers of school uniform Alexander Aldushina. Recently in Tyumen and Samara was a scandal due to the fact that the girls were forbidden to wear to school pants. And if in Samara, the students provided a room where they can change — remove street pants and to put on the form, in Tyumen there. The parents appealed to the Prosecutor, and eventually the ban on trousers was removed. As for the hair, bracelets, earrings and footwear, there are no regulations that allow such bans.
Professor Victor Skorobogatov:
What kind of trouble can threaten students who refuse to wear a school uniform? It depends, first, on internal documents of the school, and secondly, the age of the student. If, for example, school regulations on the attire of students is Advisory in nature, then any sanctions will not follow. But more often the articles of Association (or internal rules or other internal acts of schools) requires students to attend classes exclusively in school uniform (gym class sports). All students are required to comply with the Charter and other internal documents of the school (paragraph 2 of part 1 of article 43 of the Law on education). The law allows you to apply disciplinary measures – warning, a reprimand, and expulsion from school for failure to comply with the provisions of the Charter and other local acts (part 4 of article 43 of the Law on education), however, younger students to punish strictly prohibited (part 5, article 43 of the Law on education). As for the royalties, this is only possible for pupils over the age of 15, which was already announced and the comments and reprimand, and only for repeated Commission of disciplinary offences, and only if the continued presence of such student at school has a negative effect on other students, violates their rights and the rights of teachers, as well as the normal functioning of the school (part 8 of article 43 of the Law on education). In addition, the process of exclusion from school is quite complicated (p. 9-11 article 43 of the Law on education, the order of Minobrnauki of the Russian Federation of 15.03.2013 N 185).
Thus, to expel from school for persistent failure to wear school uniform – is problematic for school administrators. This situation is practically impossible. But the school is able to organize the constant, exhausting reminder of a non-compliant school, and (students of grades 5-11) infinite comments and reprimands.
Of course, all the above applies only to cases when the student willfully violates the rules of wearing form. If the child is in school without uniform for excusable reasons (such dirty, stolen, burned down during a fire, etc.), no penalty can be followed (part 7 of article 43 of the Law on education). The same applies to cases when the forms he did not have – in this case, the child is not to blame, and be responsible for someone else’s fault (parents, which in this form are not acquired) according to Russian law is not allowed.
STARS OUT OF SCHOOL PROHIBITIONS
Secondary school No. 42 of the city of Yaroslavl. “The use of denim, corduroy fabrics are not allowed. Clothing for school should not contain trendy items (very low waist, low neckline, ultra-bright colors, large buckles, ruffles). It is forbidden to wear any symbols, clothing, hairstyle, meaning belonging to a particular youth informal Association (jewelry and clothes with symbols of the underworld, wristbands, bracelets with spikes, etc.)”.
Secondary school No. 1302 of the city of Moscow: “it is Forbidden to wear during school hours the following clothing and footwear:
sports wear (track suit or its part);
the active wear (shorts, hoodies, jerseys and t-shirts, etc.);
wear the lingerie style.
transparent dresses, skirts and blouses;
low-necked dresses and blouses;
dresses, t-shirts and sleeveless blouses;
mini-skirts (skirt length above 10 cm from the knee);
too short blouse, opening the abdomen or back;
clothing leather (leatherette), mantle tissue;
much tight-fitting (skinny) figure, pants, dresses, skirts;
sports shoes (including extreme sports and entertainment);
beach shoes (sandals and Slippers);
shoes in the style of “country” (the Cossacks);
massive shoes on a high platform;
evening shoes (with bows, feathers, large rhinestones, colorful embroidery, shiny fabrics, etc.)”.
High school No. 4 city Reutov: “Students of the school are prohibited:
knitted sweaters and pullovers with lace, bright patterns, major labels;
shorts, breeches, Capri;
short dresses, skirts, tunics;
the high-heel shoes;
t-shirts, tops, cropped blouse with a deep neckline, and any clothing not covering the abdomen and back;
sweatshirts and sweaters with hoods”.