Gennady Tikhonov
Articles written
School is a place where children gain knowledge, learn to communicate, make friends, learn the basics in various industries and sciences. A teacher for a child should be an authority and an example, a model of justice and professionalism. Unfortunately, today teachers do not always correspond to such ideas. Often they violate professional etiquette, exceed their authority, and treat students biasedly. What to do in such a situation and where to complain about the illegal actions of school teachers? 
A complaint against a teacher is an important document that can make a teacher take their duties more responsibly and competently. It is important to know how to write a claim correctly and to whom to file it. It is best to seek the help of an experienced lawyer in such a situation. A qualified specialist knows all the features of the legislation and will help to get around it. sharp corners". The expert will answer all the questions of parents, give effective recommendations and explain the rights of students and teachers.
On our website, consultations of the best lawyers in this legal field are available around the clock. Experts will tell you how to write a complaint against a school teacher, how to correctly submit a document to the regional department of education, and help with the preparation of papers. You can contact the specialists through an electronic application on the website and by phone. The service is completely free of charge available to residents of all regions of the country.
Online legal advice allows Russians to save time, effort and money for applicants.
How to complain about a teacher
If you have problems with the teacher lower grades or a teacher of older children, it is necessary to initially understand the situation, find out the causes and details of the conflict, talk with the child and the teacher. Only when these measures did not help, you can write a complaint. The first step is to contact the principal of the school. He must consider the application of the parents and punish the elementary or high school teacher for the unlawful acts committed. If the claim to the director was not considered or the head of the educational institution covers the teachers, you can write to the local department of education or the relevant ministry.What grounds still allow parents to write a statement to the director or to the department of education? The most common reasons for complaints are:
- ethical violations of primary and secondary school teachers in relation to children - humiliation of the individual, rudeness, rudeness;
- corrupt activities, demands for bribes, “voluntary contributions”;
- biased attitude towards the child, unreasonable assessment of his knowledge.
Having decided to write a claim against a high school teacher, you should stock up on evidence of violations. It is best for students to film the misconduct of the teacher.
If the violations are more serious, you can write a complaint against the teacher of senior or primary school to the prosecutor's office or the court. You should contact law enforcement if a child is being physically or mentally abused. Through these bodies, many of the parents will achieve justice in the education sector, will be able to recover moral and material damage from a non-professional teacher.
You can write a sample complaint anonymously, but such a document may not be taken seriously. The most effective solution would be to write a collective claim addressed to the teacher of elementary or high school. Each participant of the complaint will have to put his signature under the requirements. It is important to write in the application:
- the name of the authority where the complaint is filed, and the name of the official to whom it was decided to write the complaint;
- contact details of the applicant (s);
- name and information about the teacher who violated the rights of the child;
- the essence of the problem, the causes and description of the conflict;
- requirements for an incompetent teacher;
- date and signature.
Legal experts recommend writing to several authorities and structures at the same time. This is the only way to achieve justice and the necessary measures. The teacher will be reprimanded, deprived of bonuses, fired or banned from studying pedagogical activity. The degree of punishment depends on the nature of the offense and the authorities where the parents decided to write a complaint.
If the case goes to court, it is essential that the plaintiff's position be represented by a competent lawyer. The lawyer will be able to reasonably present the facts and achieve the maximum penalty from the teacher.
Attention! Due to amendments to the legislation, the legal information in this article could lose its relevance!
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Sometimes, in the process of teaching, teachers go beyond the limits of permitted actions, showing an example of perfect non-pedagogical behavior. How to influence teachers? What to do if the principal of the school is inactive? How to write a super effective complaint? Read in this article.
Often, we hear from our children that the teacher of some subject is bad, scolds us, and some teacher is good, does not burden us with homework. Usually parents just listen to the child, not attaching much importance to his words. But what if the child is right when he complains about the teacher, if the teacher exceeds the permissible measures of education and his authority? This article will guide you through the process of writing and filing a complaint against a school teacher, as well as providing some examples of such a complaint.
Where can I complain about a school teacher?
There are at least 3 options for filing a complaint:
- Head teacher;
- Regional Department of Education;
- Prosecutor's office.
To determine exactly where to write a statement, you first need to understand the conflict that has arisen. If we are talking about the unsatisfactory grades of your child in a particular subject, and you are absolutely sure of his knowledge, it would be logical to complain to the headmaster. If there was a fact of abuse of power on the part of the teacher, and the director does not react in any way, this is a situation for consideration by the department of education. This institution deals with issues of violation of the rights of students. If there are facts of the use of physical or psychological violence by a teacher in relation to your child, then this situation should be resolved by the prosecutor's office or law enforcement agencies. When the fact of violence is recorded, you can file a lawsuit to recover moral and material (if any) damage from the teacher.
It is better if the complaint is filed simultaneously by several parents, based on individual facts of abuse of authority. In general, the presence of concrete, evidence-based facts is the determining motive for filing a complaint against a school teacher.
Sometimes, an overly demanding teacher becomes the object of attacks by parents who, not understanding the situation and believing the children at their word, begin to complain to all authorities, having absolutely no evidence of illegal actions on the part of the teacher. Therefore, it is very important to understand the whole situation, not to allow the child to manipulate, because a complaint filed can break not only a teacher's career, but his whole life.
Types of complaints
There are 2 types of complaints against a school teacher:
- Individual;
- Collective;
Any type of application is drawn up in two copies, one is submitted to the appropriate authority, and the second is stamped with acceptance with the signature of the person who accepted, the incoming registration number and the date of acceptance.
An individual complaint is based on the facts presented by the parents of one child and is usually addressed to the principal of the school, as he has more personal character. For example: a child's performance in a particular subject, behavior in a particular lesson, a teacher's biased attitude towards one child. All these facts are not of a mass nature, which is why the complaint is called individual.
Rules for filing a complaint against a school teacher:
- The complaint is an official document, therefore, it begins with the preparation of a “cap”. At the beginning, it is indicated to whom the application is being submitted (you must write: city, school number, full name of the director). Then, the data of the parents who wrote the complaint (name, address, contact phone number);
- Explanatory part. It is necessary to state in as much detail as possible the essence of the complaint, the situation due to which it arose, be sure to indicate the name of the student and teacher. bring it all existing facts illegal activities of the teacher, describe the attached evidence (if any).
You can refer to the legislation, for example, if we are talking about the facts of a violation of the health of a student, at Art. 41 of the Federal Law "On Education in the Russian Federation". - Sign the application and put the date of compilation.
After filing an application with a complaint, a written response must be received within 30 days, with a solution to the issue raised. If there is no answer, you can prepare the next application to a higher authority.
Consideration of collective complaints has a higher priority of urgency over individual ones. If a teacher's misconduct affects more than one child at once, support must be obtained before filing a complaint. largest number parents who have specific facts of violations that have occurred.
The principle of drawing up a collective complaint is the same as that of an individual complaint, with minor differences.
- The header contains the data of all parents who are involved in filing a complaint. If there are a lot of them, and the hat turns out to be huge, we can generalize: parents of 7 "A" class, school No. 8, Moscow;
- The explanatory part describes the facts presented by each parent individually, or the whole picture;
- The application is signed by all parents.
In the text, it is better to use the pronouns “us”, “we”, and so on, which will well emphasize the collective nature of the appeal.
Sample letter of complaint against a teacher
Each sample provided describes a specific case of violation, so when editing, be sure to consider your own situation and correct the text as needed. If you are not sure about the correctness of the statement of the essence of the complaint, it is better to seek legal advice.
A sample application for a complaint against a school teacher, for submission to the director, can be taken.
You can take a sample of a detailed complaint about a teacher and the director’s inaction, for filing with the Department of Education.
Legislation Russian Federation strictly regulates the rights and obligations of the parties educational process guaranteeing a reliable basis for protecting the interests and freedoms of minors. However, the school does not always guarantee this to its students. And this state of affairs can and must be fought. Protect your children from dark side The educational process will be helped by a timely and correct response to the problem and, of course, by supporting their legal requirements with an up-to-date legal framework.
Grounds for filing a claim
In order to competently confront violations, it is necessary to have a clear understanding of the rights of students. Their complete list is established by the Federal Law of December 29, 2012 No. 273-FZ.
According to Art. 34 of the Federal Law No. 273, the basis for a complaint against a school, principal or teacher may be:
- refusal to accept a student in a general education institution (regardless of his residence);
- assignment of disciplinary sanctions to children of the younger school age or students with pronounced features of psychophysical development and health status, as well as those who are on sick leave or holidays;
- refusal to transfer to a special form of education (accelerated, individual, etc.) or to another school;
- insulting the human dignity of a child (How to write a complaint about an insult), the use of physical or mental violence against him;
- refusal to provide free psychological, socio-pedagogical and medical assistance;
- imposing restrictions on freedom of conscience, expressing one's own views, transmitting and receiving information;
- a ban on familiarization with the charter of the institution or its local legal acts;
- forcing a student to work and attend events not related to the curriculum;
- attraction to join political and public associations, as well as to take part in their activities without the consent of the child.
The legislation of the Russian Federation provides for a guaranteed right to education for every citizen. And especially in views, religious, political beliefs, the difference in social status and financial situation does not constitute grounds for restricting this right.
Before sending a letter, you need to make sure that your claims are legitimate and that a violation has actually occurred. The last point can be bewildering, because the words of the child for most parents are irrefutable evidence and the defining basis for the complaint. But you should not rush to conclusions.
The fact is that children could misinterpret the actions of the teacher or add color to the situation under discussion for other reasons. It should not be forgotten that school bullying is not always directed towards the student - the teacher can also become a victim of this negative phenomenon. But you shouldn't go to the opposite extreme either. By explicitly questioning a child's revelations, a parent runs the risk of depriving the child of much-needed help and protection.
Therefore, before filing a complaint, it is recommended to conduct your own small investigation: ask other students, parents about the incident and, if possible, have a correct conversation with the teacher. The information received will not only help to draw the right conclusion, but also add solidity to the appeal.
Feed Features
In case of non-observance of the rights and freedoms set by the student, his parents or he himself can begin to implement measures to protect them. This process is regulated by Art. 45 of Federal Law No. 273-FZ.
For teachers
Misconduct by a teacher or other staff member educational institution may be appealed as follows:
- appeal to the immediate superior of the violator (principal of the school);
- bringing the dispute before the committee.
A complaint addressed to the director shall be made in writing. When writing it, it is necessary to indicate:
- Name of director.
- School number and location.
- The subject of the complaint short description incidents, name of teacher and student, information about possible witnesses).
- The essence of the request.
- Name of the applicant.
- Date of.
It is also possible to resolve a disputable situation by filing an application by the student or his legal representative (parent, guardian) to create a specialized commission.
The members of the commission are representatives of the parents of students and school staff. They are selected by the parent committee and the competent authority educational organization.
The conflicting parties have the right to be present at the consideration of the application. Also, as necessary, witnesses and other persons capable of clarifying the problem under discussion are called to the meeting. Based on their testimony, legislative acts and regulations of the institution, as well as the results of a comprehensive analysis of the current situation, a decision is issued. Its content is mandatory for all parties to the dispute, but it can also be appealed in court.
If the outcome is unsatisfactory for the victim or there is no response from the management, the claim is submitted to higher authorities. In this case, both the original offense of the teacher and the inaction of the director are subject to appeal.
For the director
A claim against the director cannot be objectively considered within the walls of the educational institution and therefore it should be sent to the district education department. It is drawn up in the same way as a complaint against a teacher, only the name of the department should be indicated in the “header” of the appeal, and the number of the school and the name of the head of the school should be indicated in the content itself.
You can send a letter to the district office by mail or email. Municipal authorities also have their own official portals, and some of them have electronic reception desks that provide convenient submission of applications for consideration by competent specialists.
To school
A complaint against the school is filed in case of complaints about the functioning of the entire institution, when not one person, but several, including the director, was noticed in illegal actions against students. The harm that was caused to the child during his stay on the territory of the educational institution is also the basis for appealing the school order as a whole. An example of this is an injury received in a physical education lesson - the teacher did not follow the discipline in the classroom, failed to ensure the safety of the students, or did not take into account the physiological characteristics of the victim, inadequately loading him with exercises.
The process of appealing a general education institution is similar to a similar procedure against the director. To do this, the applicant must also apply with a letter to municipal government, and in the application itself, enter the address and number of the school, describe the offense and the list of violators with the full name and information about the positions held.
To higher authorities
You can achieve a greater effect by contacting the following government agencies:
- Regional Department of Education. (for Moscow)
- Federal Service for Supervision (Rosobrnadzor).
- Ministry (Ministry of Education).
Regional Department of Education
This element of management of educational institutions in the hierarchy is higher than municipal structures and is subordinate to the Ministry of Science and Education. The departments are responsible for regulating and ensuring the normal functioning of educational institutions, development and correction of standards and programs, as well as monitoring the observance of the rights of students.
The list of departments and addresses of their official websites can be found on the portal of the Ministry of Education and Science in the section "In the subjects of the Russian Federation" - http://xn--80abucjiibhv9a.xn--p1ai.
The website of the regional branch of the ministry contains all necessary information for the appeal of citizens in the corresponding menu item. As a rule, contact details and reception hours of authorized employees are presented there, some also have the “Electronic Reception” service.
In general, the formalization requirements are not difficult to fulfill: it is enough to fully and reliably state the essence of the problem and indicate its defendants. At the same time, one should not forget that the appeal should not be anonymous: in order to analyze the described situation on the merits, the competent authorities need to know the full name and contact details of the sender.
Rosobrnadzor
The Supervision Service detects, prevents and suppresses violations in the field of education management and educational institutions themselves. This means that you can complain to Rosobrnadzor not only about the school, director or teacher, but also about the district, regional administration or their officials.
1. Can I file an anonymous complaint against a teacher with the Ministry of Education?
1.1. Hello. You can write an anonymous complaint, but you must understand that success on it is unlikely, since there is no one to report on the audit to.
