Rights of the child and parents in kindergarten. Protecting the interests of preschool children

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Published: 08/14/2018

Reading time: 6 min

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Preschool education is a wonderful opportunity for a child to socialize, make friends and discover their talents and abilities. But only if his rights are properly respected by the kindergarten employees.

How does the state ensure the rights of a young citizen?
The child’s right to creative development
The right to games and proper rest within the preschool educational institution
The state protects the life and health of children in the kindergarten
Protection of interests
Examples of violation of rights in preschool educational institutions
Are there ways to find out about a violation of a child's rights?
Parents' rights

The parent must know what exactly the child has the right to claim while staying there in order to stop possible violations.

How does the state ensure the rights of a young citizen?

A small child, like any citizen of the country, has his own rights and freedoms, which are guaranteed by the state and should not be violated.

They are determined by the list of regulatory documents of the Russian Federation:

Convention on the Rights of the Child , signed by UN countries on November 20, 1989. Russia also signed this international document;
Federal Law-273 “On Education” dated December 29, 2012;
Federal Law-124 “On the basic guarantees of the rights of the child in the Russian Federation” dated July 24, 1998;
Declaration of the Rights of the Child of November 20, 1959;
Family Code of the Russian Federation.

Before sending a child to a preschool educational institution (PED), parents should familiarize themselves with the basic rights of the child so that they are correctly implemented by the teaching staff of the kindergarten.

Rights of minor children

Children are considered to be persons under 18 years of age. It is this category of citizens that is subject to legislation in the field of children's rights. Every little resident has the right to be a member of a family and be raised in a circle of loving relatives (Article 54 of the Family Code of the Russian Federation), with whom there should be no prohibition on communication (Article 55 of the RF IC). The habitual presence of a first and last name for every person also relates to the interests of the child (Article 58 of the RF IC). Each person is a separate person, and therefore everyone, including children, can have a personal opinion (Article 57 of the RF IC). Children also have property rights and, of course, can claim the protection of all their legitimate interests (Article 56, Article 60 of the RF IC).

In some families, the interests of children are significantly violated. In such cases, the law provides for the right of children to protection (Article 56 of the RF IC). It is available not only to children whose parents are raising them, but also to those minors for whom adoptive parents or guardians are responsible.

Minor citizens must be protected from such unlawful actions:

humiliation;
forced conversion;
neglectful attitude towards his upbringing;
use of child labor , which has a detrimental effect on the health of the child;
involvement in drinking alcoholic beverages and using drugs;
corruption of minors;
other actions towards the child that violate his rights and interests.

If a child suffers from the unlawful actions of his parents or guardians, he can independently contact the guardianship and trusteeship authority with a complaint against them.

And if the child is already 14 years old, then he can even file a lawsuit, citing failure to fulfill the duties of the parents or their abuse of their rights in relation to him.

The child’s right to creative development

According to the Russian Law “On Education”, any child can apply for an individual approach in kindergarten, as well as the identification of his talents and their development. To do this, educators are required to carry out creative activities (drawing, modeling), which cannot be monotonous, and there must also be no discrimination based on the level of ability on the part of the teacher.

Important! The lack of developmental creative activities is a direct violation of the rights of a preschool child.

Child’s rights in kindergarten: what to do if you don’t like the kindergarten

It would seem that if something doesn’t suit you, change the kindergarten. However, the reality is that placing a child and getting back on the waiting list for kindergarten is an impossible task for many. And changing one institution for another is generally a luxury. Besides, where are the guarantees that it won’t be the same in the new garden? If there is an unfavorable socio-psychological climate in the kindergarten, raise this issue at a meeting of parents with the invitation of a social worker, psychologist and the head of the kindergarten. Ask how you, as parents, can help the group to create a positive psychological atmosphere. For example, introduce some traditions, have a tea party, go on a hike together. Perhaps, through the joint efforts of teachers, parents and children, the playground can be improved. It’s so interesting to play on the playground, knowing that the sandbox was decorated by your mother, and the sand was poured by Misha’s dad, the wooden table was dug by Yegor’s grandfather, all the children left multi-colored handprints on it, Marina’s mother wove a real web from twine, and Marina herself I didn’t regret the toy spider. The child develops respect for both his own work and his parents.

It happens that pessimism, apathy and antipathy towards each other prevail in a team of garden workers. Then a psychologist and a social teacher from the education department should come to the rescue. Throughout human history, the legal attitude towards toddlers has constantly changed. The baby had practically no rights. In our century, an impressive list of rights is guaranteed to the baby by conventions, codes and laws. At the same time, children are not able to independently protect their rights and defend their interests. This is the task of parents!

The right to games and proper rest within the preschool educational institution

In kindergartens, lessons are often held on the development of fine motor skills, where children do something with their own hands, and in other classes they learn letters, but a change in developmental activities and games is mandatory. In the process of games, kids also learn and prepare for adult life, acting out various situations and episodes of the life of adults.

There are federal educational standards that determine leisure options for children in kindergarten. At the same time, the teacher is not a person who simply observes - he implements and accompanies new games that develop children and at the same time allow them to relax.

“Studying” the phone or idle conversations with other staff shows the teacher as an employee indifferent to his duties. It often happens that in groups a TV is installed and children watch cartoons all day long. Of course, the teacher in this way relieves himself of the burden, but he also violates the preschooler’s rights to full-fledged active games.

For rest, the child should be provided with his own crib where he will sleep. This should be a comfortable place for him.

Basic rights of minor children

Below is a list of the basic rights of a minor child.

The right to express one's own opinion. A child, like any other family member, is a separate person, which means he has his own specific idea of everything. So, according to Art. 57 of the RF IC, a child may have his own opinion, to which others should listen. His opinion is even taken into account during judicial consideration of issues relating to the life of the child.

Persons who are already 10 years old can express their opinion on adoption, changing their full name, and depriving their parents of parental rights.

All these actions can only be carried out with the consent of the minor.

The right to live in a family. Article 54 of the RF IC states that children have the right to live in a family and receive due attention and care from their parents. The only exceptions are cases in which living together with parents has a negative impact and violates the interests of minor citizens.

The right to communicate with relatives. Children have a reason to communicate not only with their father and mother, but also with other relatives on both lines (Article 55 of the RF IC). Even if the family union has broken up, children can communicate with any of the parents, regardless of their place of residence.

If a mother or father arbitrarily establishes a ban on communication with one of the parents or another relative, then this is considered a violation of the law.

To solve this problem, you can contact the guardianship and trusteeship authority.

The right to receive a surname, name, patronymic. At birth, the baby is assigned a first name, last name and patronymic (Article 58 of the RF IC). When choosing a name, parents must follow the rules specified in paragraph 2 of this article. The surname is passed down to children from mother and father. This may be their common surname, one of their parents, or a double surname, including the surnames of their father and mother. The patronymic is assigned according to the father.

Children's right to protection. At the legislative level, the protection of the interests of children is also provided (Article 56 of the RF IC). The responsibility for protection rests with parents, guardians, as well as with the guardianship and trusteeship authority, the prosecutor's office and the court.

Any citizen who has such information can notify the appropriate authority about a violation of legislative norms in relation to children.

Property rights of minor family members. Children have the right to dispose of certain property, as stated in Art. 60 IC RF. Minor citizens have the right:

for financial support in the family;
their own income received by them personally, or property that was purchased with their personal funds, as well as the property of their children, includes all gifts given to them and property that they received by inheritance;
They do not have the right of ownership to own and use the property of their parents if there is mutual consent.

Change of first or last name. Parents, if their child is not yet 14 years old, can contact the guardianship and trusteeship authority with a request to change the surname or first name of their child (Article 59 of the RF IC). It is worth considering that children over the age of 10 must give their consent to such changes.

The state protects the life and health of children in the kindergarten

The state provides guarantees for the life and health of preschool pupils. This means that the garden must be designed and equipped taking into account safety standards.

The institution must have a medical office, where there is a medical worker who can provide first aid to the baby, as well as help cope with the first signs of illness. In addition, he can contact his parents if there is a reason, or call an ambulance.

If there is no such opportunity in the garden, there is a gross violation. In this case, the child’s right to health and life is neglected.

Educators are responsible for the safety of the child within the time he is in the kindergarten. If parents wish to pick up a child outside the established regime, this must be stipulated in the agreement with the preschool educational institution.

Responsibilities of children towards parents

The obligations of minors towards their parents are not mentioned in legislation. Accordingly, until the child turns 18, all obligations that may be assigned to him in the family are carried out only in accordance with intra-family rules, but have no legal basis.

The responsibilities of persons over 18 years of age include supporting their parents. Able-bodied adult citizens are obliged to provide financial support to their parents who are unable to work and need help.

If it is not possible to resolve this issue peacefully, then the father or mother can file a lawsuit to recover financial support.

This responsibility does not fall on everyone. If parents previously did not fulfill their obligations to care for and support their children, then they cannot demand financial support from their children. Also, persons deprived of parental rights cannot apply for assistance from their children.

Protection of interests

The preschool educational institution is a guarantor of satisfying the interests and needs of its students. Therefore, the following requirements must be met:

the institution must be equipped for games;
A positive microclimate is important in a children's team . Negative relationships between children are a direct consequence of the teacher’s shortcomings. The latter is obliged to provide the child with psychological comfort in the garden;
The preschool food supply must comply with SanPiN 2.4.1.3049-13 . These requirements apply to both public and private gardens.

Child rights in kindergarten: what parents can do

You can feel how favorable and friendly the atmosphere in the kindergarten is at the first organizational meeting, which is organized by the director to introduce parents to teachers, show the group to which the children will go, sign an agreement, fill out various forms, and so on. The fact that the kindergarten staff is a big friendly family can be understood if the manager speaks about him with a genuine sense of pride: “All our workers are great fellows, but your children were especially lucky: Natalya Petrovna received the highest category, repeatedly becoming the best teacher in garden”, “Here we have a corner of achievements. We post certificates and thanks here. Our children are wonderful, they constantly participate and take worthy places in various competitions. Thank you to the parents for supporting their kids in all their endeavors.” But there are cases when the head continually criticizes her staff and belittles the teachers. Naturally, the psychological climate in such a community is disturbed, which is why teachers and nannies can constantly lash out at children.

1. Listen to how the manager behaves with parents. Silently handing out contracts and waiting for everyone to fill them out? Or carefully explains, comments on each point, tells how classes will be structured, what the regime is in the garden?

2. Find out whether the kindergarten forces you to finish your food, or whether the child can regulate the portion size himself. Can a child bring a snack (cookies or fruit) with him if he does not like the food in kindergarten?

3. Before sending your child to kindergarten for the first time, talk to the teacher and nanny who work in your group. Are you impressed by these people? Is it comfortable to talk to them? Do they inspire confidence? If from the first minutes of conversation a preschool worker makes you feel hostile, then maybe think about another group or another institution? After all, you will have to communicate with these people very often, and the child should generally be in their company five days a week.

The most accessible way to check the favorable atmosphere in the garden is to observe how walks go. Does the teacher spend all the time with the children or is he distracted? Children entertain themselves while a preschool worker flips through yet another cosmetics catalogue? Does the teacher speak to the students correctly, calmly, or raise his voice? How do children communicate with each other - do they sit aggressively or sit quietly? These are two extremes. In the first case, constant fights are possible. The second situation suggests that the teacher constantly scolds and reprimands children for active games and noise.

Examples of violation of rights in preschool educational institutions

There are several fairly typical situations of violation of a child’s rights when entering kindergarten. For example:

The preschool educational institution denies the child the opportunity to take a vacant place due to the lack of necessary vaccinations . Parents have the right to make independent decisions regarding the health of their child, in particular, his vaccination;
The preschool educational institution refuses admission to the child due to lack of registration at the place of residence . A child can enter kindergarten even on the basis of a rental agreement for an apartment in the area of the preschool educational institution. They do not have the right to deny him the opportunity to attend a child care facility.

We also note possible situations of violation of rights in preschool educational institutions:

A teacher's rude, violent attitude towards a child, as well as sarcasm or shouting in his direction, is one of the most important violations of the rights of a small citizen. The teacher must be prepared for different behavior of the child, must be prepared and have the desire to work with such a child;
insufficient garden equipment or non-compliance of food with state standards . The kindergarten must provide items that the child will need to meet his everyday needs. The premises must be clean and safe;
The teacher's indifference to children is unacceptable . Children must be supervised both during the walk and in the group of the child care facility.

Children's rights: rules of dialogue with preschool employees

You need to talk to preschool employees correctly. Various kinds of excuses are possible on their part; find a worthy answer to them.

The parent suggested an excursion to the museum, the teacher refuses to participate, citing fatigue.
The teacher puts the baby in a corner, citing a broken cup after breakfast.
The teacher gave the boy a slap on the head, supposedly for his work, because before they could have given him a hard time, which means that such upbringing is normal.
According to the child, the teacher taped his mouth, because today such punishment has become fashionable among teachers, it is quite acceptable and not punishable for a teacher.

Are there ways to find out about a violation of a child's rights?

Parents are the main defenders of their child's rights. They must know his rights and monitor their proper implementation. But this is not so easy to do; the child may come up with unnecessary circumstances or, conversely, out of fear, try to hide the unpleasant fact of the violation. The latter can be used by a careless teacher to continue his free treatment of the baby. But there are still some ways:

a parent can talk confidentially with their child . If this does not help, play role-playing games where the child mirrors the teacher’s behavior;
anxiety, restlessness, tearfulness and nervousness should alert any parent . The child may also refuse to go to kindergarten. It is necessary to find out the reason, perhaps even through a psychologist;
Nowadays, parents of children from the same group often create a chat in instant messengers, where they can check with other parents about similar cases with their children in order to compare information. Before entering a particular kindergarten, you can communicate with parents in groups on social networks, collect feedback;
parents have the right not only to come to the children's institution before admission and inspect the group, but also to ask for food certificates . The teacher does not have the right to refuse the parent this. However, if this happens, the parent can file a complaint with the head of the preschool educational institution.

Rights of parents of kindergarteners

Approximately 85% of Russian children aged 3-6 years attend kindergarten.

The younger age group also often attends kindergartens: this category accounts for 42% of children aged 1.5–3 years, i.e. almost half. But these are average data for the country, and in different regions of the Russian Federation the indicators vary greatly. In particular, only 6.3% of Ingush children attend kindergarten, while in Komi this figure reaches 86%.

According to the law, parents have the right to send their child to kindergarten even if he is less than 1.5 years old: nurseries are designed for babies starting from the age of two months. The responsibilities of nannies include feeding children and putting them to bed, and you can also count on providing the baby with toys and teaching useful skills. Parents have the right to send their child to a private kindergarten, but the state is still responsible for allocating a place in a non-profit kindergarten institution, moreover, not far from the place of registration, i.e. a distance of 10 km will already be a violation of the law.

Let's consider all the rights of parents of Russian preschoolers with references to the relevant laws. This article will be useful to those who are planning to send their child to kindergarten or are just planning to become a parent.

Send your baby to a nursery group at two months of age

For infants, there are nurseries in kindergartens, to which they can be sent starting from the age of two months. This possibility is provided for in Article 67 Part 1 of the Federal Law on Education. Of course, not every kindergarten institution has such groups, and even if they exist, free places may run out. It is precisely because of their shortage that today in many regions of the Russian Federation, separate buildings are specially built for nurseries on the territory of kindergartens. If a mother urgently needs to leave maternity leave, in the absence of the described obstacles, she will be able to do this by entrusting the care of the baby to specialists.

To do this, you must submit a written application and wait for a decision. You need to write in it that you want to send your baby to the nursery as early as possible, then he will get into them when free space becomes available.

Most Russian parents send their children to kindergarten at the age of three, although the law does not provide for such a limitation. This statistics is explained by the fact that maternity leave lasts only 3 years. After this period, the employer has the right to dismiss the absent parent, which forces him to return to work duties. But not every family is ready or eager to fully use up the time allotted by law, which is why the services of nurseries are in wide demand.

The baby will be accepted into the nursery regardless of whether he is already potty trained, breastfed or complementary feeding. In the first case, mothers are allowed to visit the child for feeding during work breaks, and the nanny will take care of the timely change of diapers.

Leaving the workplace to feed the baby

According to Art. 258 of the Labor Code, employed mothers have the right to leave the workplace to breastfeed the baby, without reducing wages for the period of absence. The right to pause in the performance of official duties is reserved for all working mothers whose children are not yet 1.5 years old, but in order to use it, you must first write an application addressed to the company management.

According to the Labor Code of the Russian Federation, breaks are provided every 3 hours, and they must last at least half an hour (for mothers of 2 infants, this period increases to 1 hour), and for convenience they can be combined into one break. Thus, with a standard work day lasting 8 hours, the employee has the right to take at least 2 breaks. If you wish, you can start work 1 hour later or leave it 1 hour later, or take an extended lunch break.

Payment for breaks is carried out based on the average salary for the annual period, as well as taking into account the size of the bonus for the same period.

A woman has the right to take such breaks at work, even if the child attends kindergarten and eats there. The employer is obliged to provide her with this right without reducing her salary and cannot control how the employee will spend the allotted time.

Send your child to kindergarten at your place of residence

According to Article 67, Part 3 of the Federal Law on Education in the Russian Federation, the availability of educational services is declared for all residents of the country, regardless of their citizenship, income level and place of residence. This general accessibility must also be territorial in nature, that is, parents cannot be forced to take their child to a kindergarten located at a considerable distance from home.

Current legislation stipulates that places in kindergartens should be distributed among those who live nearby, but in reality this principle is not always followed due to the lack of free places. Also, the kindergarten may be refused if the child is not registered in a specific place. Such a refusal is illegal, but sometimes possible.

In such cases, one cannot despair; on the contrary, one must defend legal rights. Often it is enough to talk with the administration of a government agency to solve the problem, but legal proceedings may be required.

The claim should indicate that the refusal to admit the child is unfounded, because lack of registration cannot be a reason, and educational services should be available to all Russians, so you ask the court to restore justice. The listed arguments look convincing, so the decision will most likely be made in your favor even if you do not have registration at your place of residence.

Send children to one kindergarten

If there were several preschoolers in a family, for the sake of convenience, many preferred to send them to one kindergarten, but this was not always possible, so in 2022 this right was enshrined at the legal level. According to Article 56 Part 2 of the Family Code and Article 67 Part 3.1 of the Federal Law on Education, every child, if his brother or sister attends a specific government institution, receives priority for enrollment. This legal norm freed parents from the need to look for workarounds and establish contact with the kindergarten administration.

As a result, the child will move up in the queue for enrollment to the first places, ahead of those who filled out the application earlier. This benefit is valid at the federal level, i.e. in all regions and settlements of the country.

To exercise this right, you must notify the administration when registering for kindergarten. Parents of preschoolers usually have several kindergartens to choose from, but one can be designated as a priority if the eldest child is already attending it.

Registration for kindergarten via the Internet

Today, it is not necessary to personally visit the institution to enroll your child. According to paragraphs 8 and 9 of the Rules for Admission to Kindergarten, this can be done on the State Services portal, and for residents of the capital there is another option - the mos.ru website. Even residents of small villages can take advantage of this opportunity.

You need to write and send 2 applications: one for inclusion in the queue, and the second for enrollment in a specific institution when a vacancy appears in it. Both actions can be done online. A function for tracking progress in the queue is available on the government services website. There you can change the original kindergarten if the queue is too long or plans have changed.

However, some prefer to submit the application themselves in order to look around the place and clarify a number of points. In any case, it’s up to you to choose what to do.

Using Enrollment Benefits

As a rule, the distribution of places in the kindergarten occurs in accordance with the queue formed on the basis of the date of submission of applications. That's why many parents tend to apply soon after their baby is born to guarantee a place for him.

However, the legislation provides for several categories of beneficiaries established by a number of presidential decrees (No. 431 clause 1, paragraph “b”, No. 1157 clause 1) and federal laws (No. 3-FZ Art. 46 Part 6, No. 76-FZ Art. 19 clause 6, No. 283-FZ Article 3 Part 14, No. 403-FZ Article 35 Part 25, No. 1244-1 Article 14, Article 15, Article 17, No. 2202-1 Article 44 Part 5, No. 3132-1 Art. 19 Clause 3). These documents establish three preferential forms of obtaining a place in kindergarten: priority, priority and priority. These categories are given places first, in the order listed. The distribution of the remaining seats is carried out according to the queue.

Let's look at these categories separately:

The following persons have an extraordinary right: employees of the prosecutor's office and the Investigative Committee, the judiciary, victims of the Chernobyl accident and its liquidators;
priority rights are given to: military personnel, police officers, firefighters, employees of the Federal Penitentiary Service and Federal Customs Service, bailiffs, large families, disabled people, as well as parents of children with disabilities;
Priority rights are given to: brothers and sisters of children enrolled in a particular kindergarten.

Beneficiaries must provide relevant documents to confirm the legality of their claims.

Demand free admission to kindergarten

All Russian children, according to the Constitution (Article 43, paragraph 2), are entitled to free preschool education. Consequently, a place in the kindergarten is required to be provided, but it is not specified anywhere from what age. Most mothers who go on maternity leave need it when the child reaches 3 years of age, because... forced to return to work. That is why the President of Russia became concerned about this issue and ordered to guarantee universal access to preschool education for children under 3 years of age by 2022.

If maternity leave is coming to an end, but there is no free space, it’s time to demand it. This can be done even if the child is under 3 years old. According to the law, the administration is responsible for allocating a place, and the government agency must be located close to the place of residence. If you refuse, you should go to court, and you should do the same if they extort an enrollment fee.

A number of constituent entities of the Russian Federation provide for the payment of monetary compensation if it is impossible to find a place in kindergarten. At the national level, such compensation payments have not been established, so you can find out about your right to it at the social protection department. For example, residents of the Arkhangelsk region are paid 2,076 rubles monthly. in case of forced non-attendance of a child aged 1.5-6 years. However, there is a limitation: the total family income must be below 1.5 subsistence minimums.

Receiving compensation payments for parental payments

Despite the mandatory freeness of preschool education throughout the Russian Federation, fees for visiting kindergartens are still charged, since in addition to educational services they also provide care and food. Monthly payments can reach several thousand rubles.

But in accordance with Article 65 of the Federal Law on Education, the family can count on partial compensation of this amount. The amount of compensation payment varies greatly in different regions, however, at the federal level there is a minimum acceptable percentage of the monthly payment:

20% - for the 1st child;
50% - for the 2nd child;
70% - for the 3rd baby and subsequent ones.

Mandatory compensation payments are not provided for everyone, but only for the poor, large families and other vulnerable categories of the population. The list of those in need is determined at the regional level, so it differs in different regions.

Receiving a tax deduction

When spending money on educational services, tax legislation allows you to issue a deduction against the paid personal income tax. Therefore, if you have official “white” earnings and expenses for a kindergarten, you can save money by using Article 219, paragraph 1, paragraph 2 of the Tax Code of the Russian Federation.

This can be done in case of costs for:

non-state kindergarten;
circles and sections.

Please note that parent fees collected by all government agencies are not considered tuition fees, so no deduction is possible. But in the case of additional education (art or music school, sports clubs, etc.), this can be done provided that the organization providing it is licensed.

By taking advantage of this right, you can return 13% of the funds spent on training back to the family budget, but there is a maximum level of 6,500 rubles. (this is 13% of 50 thousand rubles - the annual limit on expenses for a child’s education).

Refuse to donate funds for the purchase of toys and repairs

According to Article 65 Part 4 of the Education Law, a municipal kindergarten has the right to require parents to pay only parental fees, since all other expenses fall on the state budget. It follows that children should be provided with toys, paints and other necessary items by default, and if this condition is not met, a complaint must be filed with the administration. To begin with, you can talk with the head of the institution.

Current repair work is also paid for from budget funds. Consumables (soap, toilet paper, etc.) must always be available, and demands to chip in for them are unlawful.

Of course, no one forbids parents to contribute funds to a special charitable fund created to improve conditions - purchase new toys, etc.

The issue of voluntary donations must be decided by the parents themselves; as a rule, this is done at general meetings. However, here we must understand that no one has the right to force them to hand over money, and the administration cannot worsen the living conditions of those kindergarteners whose parents refused to hand over money.

Refuse to donate money to buy gifts

According to the Civil Code (Article 572, paragraph 1, Article 575, paragraph 1, paragraph 2), the act of donation is gratuitous and performed on a voluntary basis. Therefore, demands to chip in for a gift for the teacher, in the absence of desire or free funds, can be safely ignored, as well as sidelong glances.

Moreover, from a legal point of view, teachers are simply prohibited from accepting gifts worth more than 3,000 rubles. Therefore, the employee of the institution will be obliged to return the expensive gift back to the donors.

However, in the case of New Year's gifts for children, it can be difficult to find a good reason for refusal. But even here the law is on the side of the parents, however, they will need to explain to the child why they didn’t give him anything at the matinee, because other parents are not obliged to chip in for everyone. A good way out of the situation would be to independently purchase a gift and then hand it over to the teacher.

Such issues are usually discussed at parent-teacher meetings. Also, their decision may be delegated to the parent committee.

Attend paid classes if desired

A municipal kindergarten may have additional paid sections and clubs, but their attendance must be voluntary. According to the law on the provision of commercial educational services, no one has the right to force parents to enroll in them or to link the opportunity to go to kindergarten with them. Therefore, you can safely refuse the services of a paid swimming pool or gymnastics lessons.

You can also refuse payment if the institution hosted a theatrical performance with the participation of visiting actors or a professional photo shoot. Such services are considered additional, so it is not necessary to follow the team and act like everyone else here.

But even if you decide to attend clubs, the tariff must be agreed upon and posted on the official website of the government agency, in a special section for commercial services. Sometimes such offers look tempting, because the child can be taught English or the basics of sports discipline, and a qualified speech therapist can also work with him.

Refuse to pay for security services

According to Article 28 Part 6 and Article 41 Part 1 Paragraph 8 of the Education Law, municipal institutions are obliged to take upon themselves the issue of ensuring the safety of kindergarteners. The legal requirement provides for the protection of the building, the installation of barriers around the playground, monitoring the serviceability and availability of fire extinguishers, and also mandatory training of teachers in the rules of first aid. Security guards must also be present in the kindergarten, as required by the counter-terrorism law.

The nuances of organizing security are determined by the category to which the government institution belongs (1st, 2nd or 3rd). The greater the number of students, the higher the category. You can find out which category a particular establishment belongs to from its management.

Each kindergarten is required to be under round-the-clock supervision, have a security alarm and a special panic button that allows you to instantly call law enforcement for help. In the case of categories 1 and 2, another requirement appears: employees of state or commercial security agencies are required to protect the institution. In establishments of the 3rd category, it is enough to hire a watchman or watchman to supervise. However, one guard must be present.

Ensuring the protection of preschool children is the responsibility of state and municipal authorities; charging a separate fee for this is prohibited. If there is no security and you are required to pay for it, you should file a complaint with the prosecutor's office.

But the management of the kindergarten has the right to recommend that parents increase the level of security. For example, if the law regulates the presence of a watchman, you can also install video cameras of a surveillance system, as well as find a paid security guard, and install auxiliary barriers to protect the younger group. But payment for such improvements must be made at will.

Demand compensation for damages

When sending a child to a kindergarten, parents instruct its workers to look after him and take care of his safety. Therefore, if a child suffers physically due to injury received as a result of neglect, or morally due to poor attitude from peers or employees of the institution, then, according to Article 1068 of the Civil Code, parents have the right to demand compensation for the harm caused. In particular, the following may be compensated:

Treatment costs. This includes visiting a doctor, laboratory tests, and purchasing medications. But you will need to provide receipts and prescriptions.
Moral damage. Here we are talking about the baby’s suffering and your own experiences due to the current situation.

In the event of an incident that caused harm to the baby, you should make a written statement requesting compensation, addressing it to the management of the institution and attaching photocopies of receipts to confirm the costs incurred. If compensation is refused, a statement of claim must be filed with the court.

Choose who can pick up the child

To conclude an agreement with a government agency, a signature from the father or mother is sufficient, but both parents will be able to bring the child to and from the kindergarten. This right is granted to them by Article 185.1 of the Civil Code of the Russian Federation. The institution will retain a photocopy of the child’s birth certificate indicating the parents’ full names, so even unmarried or divorced parents will be able to exercise this right.

But if circumstances force it, you can arrange for a nanny or one of the other family members to come pick up the baby. To do this, you will need to issue a power of attorney, writing it manually, without notarized confirmation, and notify management of your desire.

The text of the agreement signed with a municipal organization may provide for additional conditions, in particular, restrictions on the age of who can come for the baby (at least 16 years old).

Work with your child at home

In Russia, at the legislative level, all residents of the country are guaranteed accessible and free preschool education. However, whether to use this right or not is up to the parents of the preschooler to decide. You can not only send your child to a paid kindergarten, but also stay at home with him - this will not affect enrollment in 1st grade.

According to Article 17 Part 1 Clause 2 and Article 64 Part 3 of the Law on Education, as well as Clause 3 of the rules for operating kindergartens, you can educate a child not only in educational institutions, but also at home, on your own or with the help older relatives or hired personnel.

The state has the responsibility to provide assistance to parents who are focused on family education. They have the right to count on free provision of methodological, teaching and psychological support, and will also be able to consult with specialists regarding the format of teaching and educational programs. The application for choosing family education must be submitted to the territorial department of education, where you can ask any questions you may have.

Optional absence from classes

Since there is no obligation to take your child to kindergarten every day, you can make absences without explanation, without fear of sanctions in the form of expulsion or other form of punishment. The right to skip classes is provided for in Article 43 Part 5 and Article 61 of the Education Law.

Of course, for the child’s convenience, it would be more correct to adhere to a daily routine so that he has a daily nap and meals on a schedule. However, you can pick it up at any time - to visit clubs, sections or other purposes. The administration will not be able to prevent this.

However, in case of a planned long-term absence, you need to draw up an application addressed to the management of the establishment. The fact is that employees of the institution are obliged to monitor the well-being of those being educated and report to the administration. They have the right to know that the baby is in good health and everything is fine with him.

As a rule, passes are not subject to payment, but you need to look at the terms of the concluded contract. In particular, in commercial institutions the document may indicate the number of missed days that are not subject to payment.

If you are absent from the garden for many days, you may be required to present a certificate from a pediatrician confirming the absence of diseases. The SanPiN established an indicator of 5 missed days in a row, however, with the advent of 2022, this provision lost force and now one must focus on the internal rules of a particular institution.

Free vaccination

Timely vaccination allows you to protect against many infectious diseases. In the Russian Federation, a special vaccination calendar has been developed for children. According to Article 5, paragraph 1, paragraph 4 No. 157-FZ, any vaccination included in it is done free of charge according to OMC.

Unfortunately, the choice of vaccine manufacturer in such a situation is not always available. If the required vaccination has not been delivered to the medical institution at your place of residence, then you will have to wait for delivery or have it administered for a fee in a commercial hospital.

Sometimes vaccination is carried out in kindergartens if parental consent has been previously obtained. There is also no charge for it.

Taking an unvaccinated child to kindergarten

There is no law on compulsory vaccination in Russia, therefore, if there are contraindications or simple reluctance, parents will be able to refuse vaccinations, and the kindergarten management does not have the right to force them or refuse the child to visit the institution, because this would be a violation of the principle of voluntary vaccination. In accordance with Article 5, Clause 1, Paragraph 8 No. 157-FZ, an unvaccinated child can attend kindergarten on an equal basis with vaccinated peers.

However, the law provides several restrictions for such children. For example, if one of the children received a live polio vaccine, those who did not receive it will have to temporarily change their kindergarten group or stay at home for 2 calendar months to avoid infection.

Separately, it is worth mentioning the Mantoux test, intended for the diagnosis of tuberculosis. Since it is not a vaccine, the above rules do not apply to it. Due to the difficult situation with the spread of tuberculosis in the Russian Federation, the annual Mantoux test was made mandatory, and if it is refused, the kindergarten management has the right to refuse the child to attend.

Of course, not all parents are happy with this situation, but the decision of the Supreme Court on this matter is clear. If desired, you can replace Mantoux with an X-ray examination or Diaskintest, but you will definitely have to provide a medical certificate confirming the absence of infection. Otherwise, the child will remain at home, because in addition to the right of a particular child to education, there is also the right of others to health and safety.

Change of kindergarten on request

As a rule, children attend kindergarten for several years, during which a lot can change: from changing their area of residence to moving to a foreign city. It also happens that a child experiences discomfort in a particular institution, and therefore parents want to change it. This right is granted to them by order of the Ministry of Education No. 1527.

To apply for a transfer, you need to apply to the municipal education department, where after registration, taking into account the available benefits, you can choose one of the vacancies in other government institutions. You will also need to pick up the children's medical card from the old kindergarten.

Opening a family kindergarten

Family groups can be formed at kindergartens, in which classes are held not within the walls of a government institution, but in a cozy home environment. The difference with family education is that in such a group one of the parents receives the status of a teacher, in essence, is employed in a kindergarten and is assigned a salary. This format of education is optimal for large families, which have the right to expand the kindergarten group by accepting preschoolers from outside. As a rule, from 3 to 5 children study in one group.

The possibility of creating such groups is provided for in clause 13 of the rules for operating kindergartens, as well as in letter No. 08-364 of the Ministry of Education. The children who attend them are considered pupils of the kindergarten, despite the fact that they spend most of the day elsewhere. They still have access to walks on the playground, festive events and additional activities (music lessons, physical education, etc.).

If the family group is geographically located not far from the kindergarten, the pupils will be able to eat food from the kindergarten cafeteria, and it will be brought directly to their home.

In different regions of the country, the rules for the operation of such groups vary greatly. In some regions they are given all kinds of support, in others it is quite difficult to organize a family kindergarten. But you can always find out more about this from the kindergarten management and the territorial education department. all articles