Responsible for the life and health of students. Who is responsible for the safety of children at school and kindergarten? Anecdote on the topic

So far, no one has calculated how much time our children spend in school. Probably much more than at home. Parents, it seems, have already come to terms with the fact that, collecting the child for the first lesson at eight in the morning, they will see him again at best in seven or eight hours - such is the price for comprehending modern sciences. But the main question: who is responsible for the student at this time remains. What to do if the trouble happened to the child while he was at school?

History first. Innocent prank

Running out of the office after the lesson for a break, 10-year-old Maxim abruptly opened the door. At this time, Katya, a second-grader, was walking down the corridor. The girl was thrown against the opposite wall from the impact. A concussion was diagnosed in the hospital. She was able to sit down at the desk only two weeks later.

It is difficult to determine who is to blame for the incident. It seems that Maxim did not have any malicious intent. It is also difficult to reproach a teacher - you cannot assign an overseer to each child. Nevertheless, Katya's parents appealed to the court, which ordered Maxim's parents to pay the injured party the amount of $350.

The second story. childish cruelty

Roma and Sergey did not share a place at the computer during the break, which was recently installed in their office. Most of the boys' classmates, along with the teacher, were still in the dining room. The initially harmless brawl quickly turned into a fight. A minute later, the students were already rolling on the floor. Sergei knocked Roman on his back and kicked him in the chest. Even the fifth-graders who ran into the classroom heard the crackling sound.

Roma spent a month motionless in bed before the doctors determined that, fortunately, he did not have a broken vertebra, but a crack in it. The boy returned to school only three months after spring break, he got tired very quickly, it became unimportant to study.

The school was investigating. Sergey was even tested by psychologists for excessive aggressiveness. Classmates announced a boycott to him, the parents did not admit his son's guilt, writing off everything as a childish prank. A month later, the boy fought again ...

The school administration sighed calmly only when Sergei's family changed their apartment and moved to another area of ​​the city.

History the third. Criminal negligence

At the very beginning of the summer holidays, the class teacher took his children on a week-long hike. According to the existing instructions, the route was agreed with all authorities, the teacher and the children were instructed. After the tragedy, the teacher could not explain why the group deviated from the route. On the third day of the hike, the schoolchildren wanted to swim in the river - the depth seemed to the teacher to be small, and the bottom was even. A 14-year-old girl caught in a whirlpool could not be saved.

A criminal case was initiated against the teacher, he ended up in prison for many years.

OFFICIALLY

The teacher is responsible for everything

A school or any other educational institution is responsible for its students not only on its territory, but also on the way to it, if the transport was provided by the educational institution. And even if the child leaves school on foot for any order or request of the director or teacher. The head of the school is obliged to immediately inform the parents of the injured child about the incident.

Only five days are given to investigate any accident, and the head of the school must provide the members of the special commission with all the conditions for the investigation and even pay the costs of examination, photography, and the like. The teacher, who was directly responsible for the student in trouble, does not have the right to take part in the investigation.

Gone are the days when a school principal could end up in jail even if a student from his school was hit by a car during the summer holidays. But parents have the right to go to court about any incident in which their child has fallen. By the way, each act of investigation of an accident is drawn up in triplicate. Parents receive one copy. One goes to a higher organization. The third is stored in the school itself for at least 20 years.

By the way, not only broken arms and legs, traffic accidents or physical overload are recognized as an accident. A schoolchild can even suffer from neuropsychic overload, which is becoming more and more common in our school. (This topic will be covered in a separate issue of the Pedagogical Council.)

NOTE TO PARENTS

Since teachers are fully responsible for the life and health of children at school, parents have the right to make claims against them not only because of accidents.

The teacher must ensure that:

JOKE ON THE TOPIC

Little Johnny comes home: - Dad, it happened at our school today that your salary is not enough!

Every normal parent, before sending the child to a kindergarten, school or circle, finds out where the best conditions for learning are created. At the same time, few are interested in who and how is responsible for the safety of the child, while there are no relatives nearby. The answer to this question was found by the columnist "IP" Anna Kachurovskaya.

The main document, which clearly defines the duties and responsibilities of teachers, educators, coaches (in general, all participants in the educational process), is the law "On Education". In Art. 32 of this law says that educational institutions are responsible for the life and health of students, pupils and employees of an educational institution during the educational process. And in Art. 51 specifies who exactly this burden lies on - on the officials of educational institutions, that is, on the directors and heads, educators and teachers. In addition to this fundamental law, there are about a dozen different documents, including the federal law "On Physical Culture and Sports", the charter of an educational institution, orders of the Ministry of Education and Science and the Ministry of Health and Social Development. They regulate when and who is responsible for children. However, despite the developed legal framework, no one can guarantee that the child will return from school safe and sound. Parents also need to know who to demand responsibility for childhood injuries. Recall that childhood, according to the law, ends at 18 years. Until that time, a person needs an eye and an eye.

Little troubles

In preschool and school institutions, responsibility for children is distributed according to the same principle. Only the scale of this responsibility, of course, is not commensurate. Even in the largest public garden, there are far fewer children than in the smallest public school. The same cannot always be said about the private sector. In non-state schools and kindergartens, an individual approach to each child is promoted, so few children are recruited into classes and groups - on average, up to 10 people. But all laws and regulations fully apply to non-state institutions.

Their safety largely depends on how many children are in the institution: after all, when there are few wards, the teacher has the opportunity to monitor everyone. According to the standards of the Moscow Department of Education, in one group of the most ordinary kindergarten there should be no more than 20 people, specialized, for example, speech therapy, - a maximum of 12 people.

There can be no more than four groups: junior, middle, senior and preparatory. The group should have two educators working in shifts, and one assistant -. Of course, these requirements are not met everywhere.

Each teacher once a year signs a paper stating that he is fully responsible for the life and health of children in his group. This imposes a number of obligations, described, among other things, in the job description. So, the educator is responsible for the child only from the moment when the parents passed their baby from hand to hand. But if the mother brought the child only to the gate of the garden, and then he walked on his own, then everything that happens to him during the journey will be on the conscience of the parent. In this case, the teacher provides the manager with a statement that the child came alone, and in the evening the parents sign this document.

In turn, the teacher is obliged to hand over the child personally to the hands of the parents. If a cousin came to the garden, then they have the right to give him the baby only if the parents warned the teacher about this in advance. In many private kindergartens, concluding an agreement with parents, the administration requires a list of persons who can pick up the child. Unexpectedly activated grandmothers and other relatives not included in this list are not given children under any circumstances. State kindergartens must also conclude an agreement with parents.

It is very important to know that the model agreement recommended by the Ministry of Education and Science literally says the following: "The parent undertakes to personally transfer and pick up the child from the caregiver, without transferring the child to persons under 16 years of age." This means that the teacher does not have the right to give the child to the brothers and sisters who came with a group of friends for their little relative. In practice, of course, this condition is not met, because then you will have to sit with the pupil until the arrival of the parents. And who can say for sure when they will come?

By the way, if the parents are late and do not have time to pick up the child before the end of the kindergarten, the teacher does not have the right to put the child alone on the street. Such "trust" to the child on the part of the educator can be punished by a serious administrative penalty - of course, if nothing happened to the kindergartener. Otherwise, the case may end up in criminal proceedings under the article "negligence". The decree of the government of the Russian Federation "On the approval of a model regulation on an educational institution for children of preschool and primary school age" states that the teacher is obliged to sit with the child until they come. If they forgot about the kindergartener, then the teacher can even take him to his home.

By law, the educator is also responsible for diseases picked up by the child in the garden. But it will be very difficult to make claims to the educator to one parent. Prevention will be carried out sooner if several parents, or better, all the parents of the group, contact the head or teacher.

As the teacher of a Moscow garden, Maria Komarova, said, recreational activities are held in groups from time to time. Usually they are conditional - for example, in all gardens during epidemics, onions are grown on windowsills, and garlic is put in soup. Of course, if parents invest money, more serious measures will be taken. For example, in some gardens, air humidifiers are installed, children are taken for massages. But at the same time, according to the job description, educators are strictly forbidden to give children any medications, even nose drops. This is the duty of the nurse, who must be on the staff of the garden and sit at her workplace all day. By the way, back in the 1970s, an order of the Ministry of Health was issued recommending when and how much you can walk with children. So, at -20°C, only older groups can walk, and then if there is no wind. In general, the walk time ranges from 15 minutes to two hours.

Parents also need to know that nannies can stay with children without a teacher, but they are not responsible for the life and health of the child.

The teacher is obliged to write a statement to the kindergarten administration, indicating how long the assistant stays with the children. Responsibility for the children at this time is taken personally by the head. If there is no such statement, then in case of injury, both the educator and the head will be responsible. Parents have the full moral right to demand reimbursement of all expenses for the treatment of the child through the court. But there have been no such precedents in Russia yet.

Preschoolers are a special biological species, the behavior of its representatives cannot be analyzed. You never know what will come to their mind in a second: jump upside down from a chair or throw a brick at a neighbor. But, oddly enough, serious injuries, such as fractures, are rarely received in the garden.

Last year, about fifty such cases, when emergency medical intervention was required, were recorded in Moscow. At the same time, the parents of the affected children did not file a single lawsuit against the leadership of the kindergartens. It is understandable: there are 1838 gardens in the capital, including non-state ones. This is very little for Moscow, where people who want to give their children up for upbringing line up for several years ahead. No one wants to spoil relations with the administration of the gardens. But already this year, as they promise in the Department of Education of the city of Moscow, so many kindergartens will be built that the queues will disappear, and then it will be possible to fearlessly download rights.

School years are wonderful years

Children spend most of the day at school, but parents least of all expect their child to return from there with an arm or leg in a cast. And in vain: the school is the most traumatic institution of all children's institutions. Last year, about 1,000 Moscow children were seriously injured here. However, official statistics should not be strongly trusted, because many injuries remain unaccounted for.

At the same time, there has not been a single fatal case in the capital's schools over the past three years. And, most likely, the way it is: it is impossible to hide such things within the walls of the school. Recently, more than 10 new resolutions and internal orders of the Ministry of Education and Science have been issued, which have tightened the rules for school admission before the academic year. Before each academic year, the school is inspected by firefighters, police and numerous commissions. They assess the state of the material base and the appearance of the educational institution. Naturally, the school should be equipped with a medical office, and a nurse should be on the staff.

For each student, according to the law "On Education", the director of the school is responsible. At least 300 children study in the city secondary school. It is obvious that not a single director is able to keep track of such a crowd. As the directors themselves admit, none of them even tries to do it. To help the director on each floor, a school teacher on duty is appointed, who is also a responsible person. However, the teacher will not be able to organize all this biomass that fills the recreation during the break. Therefore, parents need to know how the school should act if the child dislocated his arm or bruised his head.

“If a child is injured, then a commission comes to the school, consisting of safety specialists, physical education specialists and representatives of the district administration or the department of education itself,” explains Yury Bubble, director of the Center for Physical Education at the Moscow Department of Education. “The commission investigates and finds out who is to blame for the child's injury." At the same time, strict penalties are extremely rare for directors or physical education teachers; most often, in an accident, the school turns out to be innocent. In order to remove the charges against the school teacher of physical education and the director, it is enough for the commission to establish, for example, that the child who broke when falling from the uneven bars had too fragile bones. Say, it was necessary for parents not to feel sorry for the cottage cheese, then, you see, the children's skeleton would have withstood standard loads.

Parents in this case may require additional clarification of the circumstances, especially if the injury was received in a physical education lesson. However, parents rarely use their right, fearing to spoil relations with the school administration. By the way, teachers must note any injury in the accident register: this document is not closed, parents have the right to familiarize themselves with it. According to the Department of Education, no school is allowed into the school year unless it has such a journal, as well as documents permitting classes to be held in the gym, including a journal with the results of sports equipment tests. A poorly secured wall bar or football goal can lead to accidents. Three years ago, it was the fallen gate that caused the death of a schoolboy. The boy's parents did not go to court. The director, after a long trial - the police themselves are involved in the event of a death - was left in office: it was decided that he could not have prevented the accident in any way. But the rules for admission to the school before the new academic year still tightened.

School trips on excursions deserve special attention. According to the rules, when the class travels outside the school, the director is required to appoint an escort responsible for the children. It cannot be representatives of the parent committee - only the teacher. At the same time, a group of 20 people can have one accompanying person. When there are more children, they must be accompanied by two adults, one of whom can be a parent. If these rules are not observed, and on the way to the museum the child managed to put his finger under the railing of the escalator or break his knee by falling on the pavement, then the parents can safely demand compensation from the director for treatment costs. First, you should contact the school administration, and then, in case of refusal, go to the district department of education or to the court. Another thing is that schools are often not rich and are not able to compensate for anything. And rare Russian parents, if a child, God forbid, is injured, will think about getting money from school for this. But if the school administration knows that parents constantly monitor the school for the safety of children, this safety will really be at the level.

Oh sport, you are the world

Usually, sports schools and clubs recruit children from the age of four to study: it is rare that an adult student will be taken to any sport. Parents, as a rule, are expelled from classes: allegedly, they prevent the children from getting together, and no championship results can be achieved with their mother. What happens in your absence, one can only guess. At the same time, bruises and bumps for young athletes are common, but serious sprains or fractures are already superfluous, they should not be. But they are, but it is not known in what quantity, since it is forbidden to talk about this in the department of physical culture and sports.

According to the law "On Physical Culture and Sports", the responsibility for children lies entirely with the coach, and not with the director of the school or section. As the head of the department of children's and youth sports of the Moscow Department of Physical Culture and Sports, Mikhail Davydov, said, conflicts with parents due to injuries received by a child happen quite often.

But the case has not yet reached the court. “Parents should understand that there are sports in which it is almost impossible to avoid injuries,” says Mr. Davydov. “There is a division according to the level of danger of sports. oblige to insure children against accidents. But this practice does not exist in all sports schools. " At the same time, parents should not sign any waivers of claims regarding the injuries received by the child - neither before training, nor before competitions. To demand that the child be safe and sound is a parental right, reflected in all laws, statutes and regulations, one way or another relating to the lives of children and parents.

If a child is injured during training, the coach is obliged to provide him with first aid.

After that, you need to call the doctors and, making sure that the child is being treated by specialists, describe what happened in a magazine called "Injuries and Accidents". This information is sent to the Department of Physical Culture and Sports. Thus, the department's specialists can correct the work of coaches whose children often get injured (for example, force them to reduce the load or revise the curriculum). Parents must definitely find out under what conditions the injury was received in order to understand whether the coach is at fault.

Regardless of whether the parents started downloading the rights or not, the conflict commission should start working (its composition is the same as when working with general educational institutions). We are not talking about sprains and bumps: the commission intervenes in the matter if the child has received or fractured. Unfortunately, in practice, not every case is recorded in the trauma journal, so parents should keep their finger on the pulse.

Often, parents forget to ask the coach about his personal achievements and education. According to the law "On Physical Culture and Sports", not every athlete can work with children. Firstly, the coach must have a rank not lower than the master of sports, and preferably in the sport that your child will learn. Secondly, the experience of working with children, especially with small ones, must be at least three years. Finally, a coach may not have a higher education, but he must have a secondary specialized education and take refresher courses.

The more dangerous the sport, the more you need to be interested in the professional skills of the coach. But in any case, one must be prepared for the fact that even the most professional coach will not be able to protect, for example, a hockey student from a puck flying to the head.

Practice shows that parents sue teachers, caregivers and directors only if the children are physically abused. Over the past five years, there have been about 10 high-profile cases across Russia against educators. In all other cases - when the adult responsible for the child by law is only indirectly to blame (didn't see it, didn't have time) - parents prefer not to get involved. Apparently, because most parents are afraid of teachers and educators more than their children.

Throughout the civilized world, it is customary to insure children against accidents. It is clear that this will not save from injuries, but at least it will provide money for treatment. IP columnist Anna Kachurovskaya found out that Russian insurance companies are also ready to answer for other people's children. It's just that parents don't need it.
Where to call
District Offices of Education
Central: 915-05-40
Northern: 456-85-90
Southern: 112-93-63
Western: 249-08-86
Eastern: 963-55-35
Northwestern: 947-77-20
Northeast: 610-11-22
Southwest: 120-31-56
Southeast: 350-02-55
Zelenogradskoye: 535-75-21
Letter of the law
two to five
Parents have the right to go to court and seek punishment for slow teachers and educators in any accident with a child, whether it be a fracture or death.
If the child died or was disabled, and the guilt of the teacher or director is proven, the responsible person will be tried under Art. 293 of the Criminal Code of the Russian Federation. Under this article, negligence is punishable by two to five years in prison.
If the child was injured, but without serious consequences, then, according to the same law, the official will be fined or corrective labor for up to one year. The amount of the fine ranges from 100 to 200 minimum wages (10,000-20,000 rubles) or equals the convict's wages for two months.
Parents of an injured child may also demand material compensation, for example, for medicines. Most likely, the court will satisfy the plaintiff's claims to reimburse all costs of treatment. Compensation for non-pecuniary damage will remain entirely at the discretion of the judge.
Who pays, he orders the glass
If a student breaks glass during school hours or during an after-school, then it must be inserted at the expense of the school.
As stated in the Civil Code, the one who follows him, that is, in this case, a teacher or director, should be responsible for the deeds of a minor. But usually teachers call parents, chastise them for bad things and force them to insert broken glass. And at the same time also change the cornices and buy new curtains. Parents usually resignedly agree. If you want to help the school financially, you can do so, but be aware that the school, not you, is responsible for the unintentional damage to school property by your child.

Question from a reader:

When my son was a schoolboy, he fell off a rope during one of the physical education classes and broke his wrist. Then, it was in the 90s, neither the teachers nor the director were even reprimanded for the fact that their student was injured. This year I am giving my grandson to the first grade and I am very worried about him. Tell me, is it true that teachers are now responsible for the child at school?
Nina Vladimirovna, the village of Borovoe.

Lawyer answers the questionBakhtiyor KHASANOV:

At breaks and breaks between classes, which are the working time of pedagogical workers, teachers are responsible for the health of their pupils. Based on the meaning of Article 56 "The right of the child to protection" of the Family Code of the Russian Federation, then while the child is within the boundaries of an educational institution, those school employees who are working with him at the moment are responsible for his life and health. At the lesson, this is the teacher, at the break - the teacher on duty. The head of the educational institution has overall responsibility for all students.
If harm to the child's health or moral damage is caused, parents can sue the administration of the educational institution for compensation for material and moral damage, but they will have to prove that their child's actions do not contain direct guilt (clause 3 of article 1073 of the Civil Code of the Russian Federation). At the same time, the fault of educational institutions is understood as neglect of children at the time of harm. When establishing guilt, it is necessary to find out whether the institution has taken all measures within its power to ensure the safety of the child and whether the teacher who supervised the children was at fault in the incident. For example, a child may break an arm or leg in gym class or while out for a walk. It is clear that no one wanted such an outcome. But it is necessary to find out if an excessive load was installed on the child, whether the equipment of the playground or the gym was in good order.
As a rule, if a student is injured in class, parents have the right to apply to the court for reimbursement of expenses caused by damage to the child's health - the cost of treatment, additional food, etc. - on the basis of Article 1087 of the Civil Code of the Russian Federation.
To do this, you must write a written application addressed to the director of the institution with a request to conduct an internal investigation of the accident and obtain an accident report.
In addition, parents 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, it may be necessary to meet the teachers' council on this situation. In a word, it is necessary to record the fact of injury. And if the school refuses to issue an accident report, the evidence of the injury is the records of the examination of the child in the emergency room and the data of the relevant medical documents on the examination of the child.
After the injury of the child is recorded in writing, we can talk about reimbursement for the costs of treatment and moral damage caused to the child. The amount of compensation for moral damage is determined by the court, depending on the nature of the physical and moral suffering caused.
Harm to the health of a child can also occur as a result of a violation of safety regulations or labor protection rules. If the violation was committed by a person who was responsible for complying with these rules, and it caused harm to health, then it is possible to bring the guilty person to criminal liability.
In addition, Article 143 of the Criminal Code of the Russian Federation may also be applied to an official under whose supervision the injured child was located: violation of safety regulations or other labor protection rules committed by a person who was responsible for observing these rules, if this entailed by negligence infliction of grievous harm to human health, shall be punishable by a fine in the amount of up to 200,000 rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to eighteen months, or by corrective labor for a term of up to two years, or by deprivation of liberty for a term of up to one year.
The same act, negligently resulting in the death of a person, is punishable by imprisonment for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

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

The new school year is approaching, and 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, they push, and sometimes they just play in a way that makes your heart skip a beat. It's good if you are nearby and can prevent. What if the child is at school? On, of course, the teacher is responsible for the students. What about change?

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 breaks between classes. Based on the meaning of Article 56 “The right of the child to protection” of the Family Code, it can be clarified that while the child is within the boundaries of an educational institution, those school employees who are currently working with him are responsible for his life and health.

In other words, at the lesson it is the teacher, at the break - the teacher on duty. The head of the educational institution has overall responsibility for all students.

What to do?

If your child was injured at 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 internal investigation of the accident and issue you an accident report. Parents also have the right to ask the administration to take action on the fact of an injury, for example, punish the guilty teachers, take measures to ensure the safety of children in an educational institution, perhaps a meeting of the teachers' council on this situation will be required.

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

3) After the injury of the child is recorded in writing, we can talk about reimbursement for the costs of treatment and moral damage caused to the child. The amount of compensation for moral damage is determined by the court, depending on the nature of the physical and moral suffering caused, as well as on the degree of guilt of the tortfeasor. In case of a positive decision, you will be issued a writ of execution, on the basis of which funds will be collected from the guilty party.

Responsibility of teachers

The case may not be limited to just payments to the victim. If the fault of the teacher in the improper performance of official duties is established, 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 health of the child occurred as a result of 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 had the responsibility to comply with 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 wages 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 is provided.

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

You can not execute, pardon

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

Sometimes the cause of injury is an accident. If the school administration proves that there was no fact of oversight, then the claim will be rejected (clause 3 of article 1073 of the Civil Code of the Russian Federation). For example, if your child was going 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's insurance

Few people think that health is possible. This, of course, will not save him from injuries, but it will protect you from a situation where the child needs to be treated, but there is no money for it. 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 payment depends on the severity of the injury, but will never be higher than the sum insured written in the policy. If a child has a fight at a school break with a slight concussion, the payment will be 15-20% of the sum insured. Approximately the same amount will be paid to you if the child dislocates his shoulder in physical education. In the event of a serious injury or death of a child, the parents will be paid the sum insured in full.