Hand it back: they may be held accountable for school fees
In connection with the new school year, Roskachestvo told about the illegality of school fees. As noted in the organization, parents can hold the school accountable for coercion. Izvestia found out which fees are and are not considered a violation of the law, how to properly refuse to participate in them, and what to do when putting pressure on a child.
Why are school fees illegal?
School fees are illegal — parents can safely refuse them and even complain about the educational institution. This was reported to Izvestia by Roskachestvo.
— The situation with extortion in schools is familiar to many parents. But it is important to remember that education in our country is free, and this is guaranteed by both the Constitution and the Law on Education. This means that everything needed for the educational process — repairs, purchase of equipment, salaries for security guards and cleaners — is funded from the budget," said Igor Pozdnyakov, director of the Consumer Protection Department.
For this reason, no one has the right to demand or ask parents to "chip in" for these purposes. Fees for curtains, security, paint, or gifts to the teacher are illegal, the expert emphasizes. If the family is forced to participate, you can talk to the school administration about this and request a written justification for the need for fees.
— If this does not help, contact the education department of your city or region. It is their direct responsibility to control such situations," Pozdnyakov explained.
In the most serious cases, when there are facts of pressure on a child or signs of corruption, he recommended writing a statement to the prosecutor's office.
What fees can be legal?
At the same time, there are situations when money is legally deposited to the school, lawyer Sean Betrozov explains to Izvestia.
The first option is voluntary donations.
— Parents have the right to express their desire to help the school. This is regulated by the article of the Civil Code on donations, which can be both monetary and property. For example, parents can give the school a projector, furniture, or pay for a subscription to an educational platform. But the main condition here is voluntary commitment. You can't demand a donation, much less punish for its absence," says the lawyer. The school is required to accept such funds officially through its settlement account and reflect them in accounting statements.
The second legitimate contribution option is paid additional services. These can be clubs, electives, sports sections, foreign language courses, preparation for the Olympics, or classes that are not included in the mandatory program. In such cases, a written contract is concluded, which sets out the conditions, the amount of classes, the cost and the responsibility of the parties. The parent has the right to withdraw from the contract, while the child cannot be limited in the free part of the education.
— Gifts to teachers should be mentioned separately. From the point of view of the law, teachers are allowed to accept only inexpensive gifts worth no more than 3 thousand rubles. Gifts that are more expensive may be considered a violation of anti-corruption legislation. Therefore, donating money or expensive items carries risks for both parents and teachers," concludes Sean Betrozov.
What should I do if the family is under pressure?
Parents often face a situation where they are persuaded to hand over money "like everyone else" in a class chat. Sometimes there are threats that if the family refuses, the child will be isolated or unable to participate in excursions and school events. Such discrimination is illegal, says Sean Betrozov. According to him, in this case it is important for parents to record the fact of pressure.
— Save your correspondence, screenshots of messages, and fee announcements. Then contact the homeroom teacher and the principal with a written statement. It is important to emphasize in the statement that donations can only be voluntary, and coercion violates the law. If the school does not respond, you can complain to the Department of Education of your region or to the prosecutor's office," says the lawyer.
As Betrozov notes, practice shows that prosecutors respond promptly to such situations. They have the right to make representations to the school and bring the perpetrators to administrative responsibility. If the situation is aggravated by threats and pressure on the child, it is also necessary to contact the police.
In some cases, forcing fees may qualify as extortion, adds lawyer Yuri Kapshtyk. This threatens to initiate criminal proceedings or to dismiss the teacher from his position.
What is the right way to refuse a school?
The roots of the tradition of donating money to various needs of the class and school appeared in the 1990s, when it was justified by the situation in the country. Today, the problem of school facilities has been solved, but the customs have remained, and we need to be aware that this is no longer a forced story, but a voluntary one, says psychologist, Gestalt therapist Elena Masolova.
— Everyone has the right not to participate in these meetings. But the problem is that parents often don't know the laws and aren't interested. Most people think, "Everyone passes, and I'll pass." Such a pattern may indicate that a person is going with the flow not only in this matter, but also in other areas of life," explains the psychologist.
Not delving into the essence of the issue and doing what they say is a childish position in which a person prefers not to notice what he does not like. But the ability to give up something, including school fees, implies an adult position and the opportunity to take responsibility, the expert clarifies.
— By saying no, we are entering into a confrontation with other people and protecting our borders. But it's often difficult for people to do this: they're afraid of ruining their opinion of themselves. Or they are afraid that their child will be treated worse," says the interlocutor of Izvestia.
According to her, such fears are not unfounded, especially in elementary school. In case of disagreements with parents, teachers can start to "take it out" on the child and indirectly even influence the beginning of bullying: in elementary school, it is often the teacher who starts it, not the children, explains Elena Masolova.
— If a parent decides to defend their rights and does not agree to collect money, it is important for them to be in contact with the child, monitoring what is happening at school every day. It is important that it is the adult who refuses, so that the answer is not transmitted through the child. It is necessary to come personally to the teacher and speak kindly," the psychologist believes. Understanding what to do if the dialogue does not take place will give the parent confidence.
Lawyer Sean Betrozov advises parents to take a calm and consistent position: it is best to immediately indicate that they are ready to help the school only within the framework of the law. You should never deposit money in cash in an envelope or transfer it to your parents' personal cards. This is not only illegal, but also unsafe, because such fees cannot be controlled.
— When refusing to participate in the training camp, it is important to refer to the law, not personal emotions. This position is perceived more calmly and leaves fewer grounds for conflict. Practice shows that in most cases it is enough to mention the law on education and responsibility so that the pressure stops," the Izvestia interlocutor concludes.
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