At seven nurses of
Each normal parent before sending the child to a garden, school or a circle, finds out where the best conditions for study are created. At the same time the few are interested who and as bears responsibility for safety of the child while there is no family nearby. Found the answer to this question the observer of “SP“ Anna Kachurovskaya.
the Main document where duties and responsibility of teachers, tutors, trainers are accurately defined (generally, all participants of educational process), is the law “About Education“. In Art. 32 of this law it is told that educational institutions bear responsibility for life and health trained, pupils and employees of educational institution during educational process. And in Art. 51 it is specified on whom exactly this freight - on officials of educational institutions lies, that is on directors and managers, tutors and teachers. Except this fundamental law there are about ten more different documents, including the federal law “About physical culture and sport“, the charter of educational institution, orders of the Ministry of Education and Science and Ministry of health and social development. They regulate when also who is responsible for children. However, despite the developed legal base, guarantees that the child will return from occupations whole and healthy, nobody can give. Parents should know from whom to demand the answer for children`s injuries. Let`s remind that the childhood, under the law, comes to an end in 18 years. Till this time for the person an eye yes of eyes is necessary.Small bedka
In preschool and school institutions responsibility for children is distributed by
by the same principle. Only scales of this responsibility are, of course, not commensurable. Even in the biggest state garden of children it is much less, than at the smallest public school. About the private sector it can be told not always. At non-state schools and gardens the individual approach to each child therefore in classes and groups take few children - on average to 10 people is propagandized. But all laws and rules in full concern also non-state establishments.
From that how many children in establishment, their safety in many respects depends: when it is not enough wards, the teacher has an opportunity to watch everyone. According to standards of capital Department of Education, in one group of the most usual kindergarten there have to be no more than 20 people, specialized, for example logopedic, - at most 12 people.can be
of Groups no more than four: younger, average, senior and preparatory. In group there have to be about two tutors working in shifts and one assistant - the nurse. Of course, these requirements are fulfilled not everywhere.Each tutor of times in a year signs with
paper that he bears full responsibility for life and health of children in the group. It imposes a number of the obligations described including, in duty regulations. So, the tutor is responsible for the child only since that moment when parents handed over the kid. But if mother brought the child only to a garden gate, and further it went independently, then everything that will happen to it during a way, will be on conscience of the mother. In this case the tutor provides to the manager the statement that the child came one, and in the evening on this document parents undersign.
In turn the tutor is obliged to hand over the child too personally on hands to parents. If the cousin uncle came to a garden, then have the right to give it the kid, only if parents warned the tutor about it in advance. In many private gardens, signing the contract with parents, the administration demands to make the list of persons who can take away the child. To unexpectedly becoming more active grandmothers and other relatives who are not entered in this list, children are not transferred under no circumstances. The state gardens have to sign the contract with parents too. > It is very important to p to know
that in the standard contract recommended by the Ministry of Education and Science the following is written literally:“ The parent undertakes to transfer and take away personally the child from the tutor, without subcontracting the child the persons which did not reach 16 - summer age“. It means that to brothers and sisters who came with the company of friends for the little relative the tutor has no right to give the child. In practice, of course, this condition is not satisfied, then it is necessary to sit with the pupil before arrival of parents. And who can tell for certain when they come?
By the way if parents are late and do not manage to take away the child before completion of work of kindergarten, the tutor has no right to expose the child of one on the street. Such “trust“ to the child from the tutor can be punished by a serious administrative penalty - of course if nothing happened to the kindergartner. Otherwise business can end also with criminal trial on the article “Negligence“. In the resolution of the Government of the Russian Federation “For children of preschool and younger school age“ it is said about the adoption of the standard provision on educational institution that the tutor is obliged to sit with the child, so far will not come for that. If about the kindergartner forgot, then the tutor can even take away him to himself home.
Under the law the tutor bears responsibility and for the diseases caught by the child in a garden. But it will be very difficult to make a complaint to the tutor to one parent. Prevention will be carried out rather if several parents address the manager or the tutor, and it is better - all parents of group.
As was told by the teacher of one Moscow garden Maria Komarova, in groups improving events are held from time to time. Usually they have conditional character - for example, in all gardens during epidemics on window sills grow up onions, and in soup put garlic. Of course, if parents invest money, also more serious measures will be taken. Let`s tell, in some gardens establish humidifiers, drive children on massage. But at the same time according to duty regulations to tutors is strictly forbidden to give to children any medicines, even drops in a nose. It is a duty of the nurse who has to be on the staff of a garden and sit in the workplace the whole day. By the way, in 1970 - x years the order of the Ministry of Health with the recommendation when and how many it is possible to walk with children was issued. So, at - 20 °C only the senior groups can walk, and that if there is no wind. In general, time of walk fluctuates of 15 minutes till two o`clock.to Parents also should know
that nurses can be left with children without tutor, but at the same time they do not bear responsibility for life and health of the child.
the Tutor is obliged to write the application of administration of a garden, having specified for what term the assistant remains with children. Responsibility for children for this time is taken by personally managing. If there is no such statement, then in case of a trauma both the tutor, and the manager will answer. Parents have full moral authority to demand through court of compensation of all costs of treatment of the child. Only similar precedents in Russia were not yet.
Preschool children are a special species, the behavior of his representatives does not give in to the analysis. Never you know what in a second will come to their mind: to jump from a chair headfirst or to start in the neighbor a brick. But, strangely enough, serious injuries, for example fractures, in a garden receive seldom.by
last year of such cases when the emergency medical intervention was required, in Moscow it was recorded about fifty. At the same time parents of injured children did not submit any legal claim to the management of gardens. It also is clear: in total in the capital of 1838 gardens, including non-state. It is not enough for Moscow where from persons interested to hand over children on education turns for several years ahead are built. Nobody wants to spoil the relations with administration of gardens. But already this year as promise in Department of Education of the city of Moscow, kindergartens will construct so many that turns will disappear, and then it will be possible to stand up for the rights fearlessly.School days - wonderful years
At school children carry out by
the most part of day, but at the same time parents least of all wait that the child will return with the plastered hand or a leg from there. And it is vain: the school is the most injury-causing institution from all child care facilities. Last year about 1 thousand Moscow children got severe injuries here. However, strongly it is not necessary to trust official statistics, many injuries and remain unaccounted.
At the same time any lethal case at capital schools for the last three years was not. And, most likely, so it also is: it is impossible to conceal similar in school. Recently there were more than 10 new resolutions and internal orders of the Ministry of Education and Science which toughened Regulations of Admission of school before academic year. Before each academic year the school is checked by firefighters, militia and the numerous commissions. They estimate a condition of material resources and appearance of educational institution. Naturally, the school has to be equipped with a medical office, and in staff - to be registered the nurse., according to the law “About Education“, the principal is responsible
For each pupil. Not less than 300 children study at high city school. It is obvious that any director is not able to follow such crowd. As directors admit, none of them even try to make it. For the aid to the director on each floor the duty teacher of school who is also a responsible person is appointed. However, and the teacher will not be able to organize all this biomass filling recreations during change. Therefore parents should know how the school has to arrive if the child dislocated an arm or rasshib the head.
“If the child is traumatized, then the commission consisting of safety specialists on physical training and representatives of district administration or the Department of Education comes to school, - the director of the Center of physical training at Department of Education of Moscow Yury Puzyr explains. - The commission makes investigation and finds out who is guilty of a trauma of the child“. At the same time strict collectings to directors or physical education teachers take out extremely seldom, most often in accident the school is innocent. To dismiss charges from the school physical education teacher and the director, the commission is enough to be established, for example, that the child who broke when falling from bars had too brittle bones. Say, parents should not feel sorry for cottage cheese, then, you look, and the children`s skeleton would sustain standard loadings.
Parents in this case can demand additional clarifications of circumstances, especially if it was traumatized at a physical education class. However parents exercise the right seldom, being afraid to spoil the relations with the management of school. By the way, any trauma of the teacher is obliged to note in the magazine of registration of accidents: this document is not closed, parents have the right to get acquainted with it. According to in Department of Education, any school is not allowed by academic year if it has no such magazine, and also documents allowing to give classes in a gym, including the magazine with results of tests of a sports equipment. Badly fixed Swedish wall or a football goal can lead to accidents. Three years ago fallen gate became a cause of death of the school student. Parents of the boy did not go to court. Directors after long judicial proceedings - the militia itself is connected in case of death - left in a position: decided that it could not prevent accident in any way. But Regulations of Admission of school before new academic year everything are toughened.
of Special attention are deserved by school trips at excursion. According to rules when the class leaves schools, the director is obliged to appoint the attendant, responsible for children. It cannot be representatives of parental committee - only the teacher. At the same time the group of 20 people can have one attendant. When it is more children, at them there have to be two adults, one them which can be the parent. If these rules are not followed, and the child on the way to the museum managed to put a finger under a handrail of the escalator or to hurt a knee, having fallen to asphalt, then parents can safely demand from the director of a compensation for expenses on treatment. For a start it is necessary to address to administration of school, and then in case of refusal to go to district administration of education or to court. Another thing is that schools are often rather poor and are not able to compensate anything. And rare Russian parents if the child, God forbid, was traumatized, will think of receiving from school for it money. But if the school administration knows that parents constantly control school regarding safety of children, this safety will really be up to standard.
About sport, you are the world
Usually sports schools and clubs gather for study of children aged from four years: seldom in what sport will take already adult school student. Parents are expelled, as a rule, from occupations: allegedly, they prevent children to gather, and no champion results at mother can achieve. What occurs in your absence, it is necessary only to guess. At the same time bruises and cones for young athletes - a commonplace, and here serious stretchings or changes are already superfluous, they should not be. But they are, it is only not known in what quantity as in department of physical culture and sport it is forbidden to speak about it.
Under the law “About Physical Culture and Sport“ responsibility for children entirely lies on the trainer, but not on the principal or section. As the head of department children`s and youthful sport of department of physical culture and sport of Moscow Mikhail Davydov told, the conflicts with parents from - for traumatized by the child happen quite often.But business did not come
to court yet.“ Parents have to understand that there are sports in which it is almost impossible to avoid injuries, - mister Davydov tells. - There is a division according to the level of danger of sport. For example, in some sections and schools where train in boxing, to parachute jumps or horse skill, parents oblige to insure children against accidents. But such practice exists not at all sports schools“. At the same time no refusals of claims concerning traumatized by the child parents should be signed - neither before trainings, nor before competitions. To demand that the child was in an integrity and safety, is the parental right reflected in all laws, charters and resolutions anyway concerning life of children and parents.
If during occupations the child was traumatized, the trainer is obliged to provide it first aid.
should call after that doctors and, having convinced that experts are engaged in the child, to describe an event in the magazine under the name “Injuries and Accidents“. These data go to department of physical culture and sport. Thus specialists of department can correct work of trainers at whom children often are traumatized (for example, to force to lower loadings or to revise the curriculum). Parents surely have to find out under what conditions it was traumatized to understand whether is in the incident of wine of the trainer.
Irrespective of, parents began to stand up for the rights or not, the mediation board (its structure same has to get to work, as well as during the work with educational institutions). This is not about stretchings and cones: the commission interposes in the matter if the child got concussion or a fracture. Unfortunately, in practice not each case is registered injuries so parents have to have the finger on the pulse.Often parents forget to learn
from the trainer about his personal achievements and education. Under the law “About Physical Culture and Sport“ not each athlete can work with children. In - the first, at the trainer the category has to be not lower than the Master of Sports, and it is desirable on that sport to which your child will study. In - the second, experience with children, especially with small, has to be not less than three years. At last, at the trainer can not be the higher education, however he surely has to have secondary vocational education and complete advanced training courses.The sport is more dangerous than
, the more it is necessary to be interested in professional skills of the trainer. But anyway it is necessary to be ready to what even the most professional coach will not be able to protect, for example, the pupil - the hockey player from the washer flying to the head.shows
of the Practician that parents give court on teachers, tutors and directors, only if physically scoff at children. For the last five years across all Russia there were about 10 high-profile cases against educators. In all other cases - when adult, responsible for the child for the law, it is guilty only indirectly (did not watch, was not in time) - parents prefer not to communicate. Probably, because most of parents are afraid of teachers and tutors more than the children.
Where to call
District administrations of education
Central: 915 - 05 - 40
Northern: 456 - 85 - 90
Southern: 112 - 93 - 63
Western: 249 - 08 - 86
East: 963 - 55 - 35
of Severo - Western: 947 - 77 - 20
of Severo - East: 610 - 11 - 22
of Hugo - Western: 120 - 31 - 56
of Hugo - East: 350 - 02 - 55
Zelenograd: 535 - 75 - 21
a law Letter
From two to five
Parents have the right to go to court and to try to obtain punishment of slow teachers and tutors at any accident with the child, whether it be a change or death.
If the child died or received disability, and the fault of the teacher or the director is proved, the responsible person will be judged according to Art. 293 of the Criminal code of the Russian Federation. Under this article for the allowed negligence punishment from two to five years of imprisonment is prescribed.
If the child was traumatized, but without serious consequences, then, according to the same law, the official will award a penalty or corrective works for up to one year. The sum of a penalty makes from 100 to 200 minimum wage rates (10 - 20 thousand rubles) or equals to a salary of the convict in two months.
Parents of the injured child can demand also material compensation, for example for drugs. Most likely, the court will meet requirements of the claimant to compensate all cost of treatment. Compensation for moral damage will remain completely to the discretion of the judge. Who pays
, that also orders glass
If during school lessons or on an after-school club the pupil broke glass, then have to insert it for the account of school.
As is told in the Civil code, the one who watches it has to be responsible for deeds to minors, that is in the case under consideration - the teacher or the director. But usually teachers call parents, lecture them for ill-breeding of the child and force to insert the broken glass. And at the same time also eaves to change and to buy new curtains. Parents usually resignedly agree. If you want to support school - you can and arrive, but know that the school, but not you is responsible for unintentional damage of school property by your child.