With the onset of a new school year, parents often face various kinds of questions and problems that have to be addressed. In this article I would like to talk about one of the possible problems - your child is refused to be admitted to the educational institution of your choice.

To begin with, I would like to note that a certain territory is assigned to each school in which students live and who attend this school. And, if you live in the territory to which the school belongs, the educational institution has no right to refuse admission on any grounds.
But consider the situation if you have chosen an institution that does not belong to your territorial identity. There may be many reasons for this - you are not satisfied with the nearest school for any reason, you want to send your child to a lyceum school, or, conversely, it became difficult for your child to study at a lyceum school and you decided to go to a regular school without any bias.

So, you applied to an educational institution with a request to accept your child for training and were refused. How legitimate is it and how should one act in this situation?

First, you must be aware of your right to choose any public. educational institution and they can refuse you only if there are no free places, that is, if the classes are overcrowded. In the absence of this reason, the school must accept your child for education.

But, if after contacting the school you received a refusal and you are sure that it is unreasonable, then you have the right to take a number of measures that should help in resolving this issue.

After you have been unjustifiably refused, you can write an application for admitting your child to school addressed to the head of the education department and with this application go to the educational institution, while asking the secretary to register your application. Further, you require that a waiver be issued to you in writing, with which you can apply to the local education authorities. You also have the right to ask to let you familiarize yourself with the school charter, which lists the rules for enrolling students in accordance with the legislation of the Russian Federation, and the school representatives are obliged to provide it to you. I think that any director, seeing your awareness of this issue, will think about further refusal, since he understands that his actions are illegal.

I would like to draw your attention to the fact that now high school students who study in lyceum schools and, having not very high academic performance, will be forced to leave after the 9th grade, may face such a problem. If you are admitted to another general education school, the principal does not have the right to refuse your admission due to insufficient academic performance. Refusal for this reason does not comply with the law and all rights are on your side.
Of course, no one wants to start the educational process with a conflict situation, but this does not mean that you should not know your rights, and the school, in turn, use this.

The problem with preschool education, or rather with the presence of preschool educational institutions, exists in almost all cities of Russia. There are still not enough kindergartens. At the state level, they promise to resolve the issue in the very near future, allocate funds for the construction of new buildings, however, many parents still face the fact that they cannot arrange, or are struggling to get a child in a kindergarten. Today we will talk about what to do if the child is refused to be accepted in Kindergarten.

There are few legal grounds for refusal, although often the reason that a child is not taken to an institution lies in the complete staffing of the kindergarten and the lack of free places that can be obtained "not through pull." Some parents apply to the prosecutor's office and only in this way try to get their child enrolled, or send their children to private kindergartens.

First steps to place a child in kindergarten

The first thing that parents need to do is contact the commission for staffing children in kindergartens that operate on the basis of district or city administrations. It keeps records of all children who are in the queue for a place. The sooner you register there, the more likely it is that specialists will find a place for your child just in time.

You need to have a birth certificate, passport of the mother or father (applicant) and, if any, documents confirming the right to receive benefits. The easiest way is to contact the authorities at the place of registration, there should not be any questions about the child's placement. But if a person actually lives in another city or region, the territorial authority at the place of residence is also obliged to accept documents and put the child on the waiting list. In return, they issue a notice of registration, which indicates the queue number and the date when it will be necessary to come to the commission again in order to register the child's placement in the kindergarten.

While it is not difficult to enroll a child, it does not guarantee that the child will be kindergarten... In law Russian Federation, every child has the right to study free of charge in municipal kindergartens. This is written in the second paragraph of Article 43 of the Constitution of the Russian Federation.

There are a number of federal laws and other legal acts that give every child this right. For example, Article 63 of the Family Code states that parents have the right to choose an educational institution and a form of education for their children. And in the order of the Ministry of Education and Science No. 2562 (dated October 27, 2011) it is said that admission to a preschool institution that provides education and training for children from 2 months to 7 years old is carried out on the basis of an application, a passport of the child's legal representative and a medical report.

Based on all these documents, we can say that there are only two legitimate reasons to refuse a child admission to kindergarten:

1. the child does not correspond to the age parameters (under 2 months or over 7 years old);
2. the child is not suitable for health reasons.

The child's state of health should not be the reason for a complete refusal to provide him with a place in the kindergarten. The municipality should provide special gardens for special children.

Since Russia is a state governed by the rule of law, there are mechanisms to ensure that the child is enrolled in a preschool institution.

What to do if the child was not taken

A child is not admitted to kindergarten without vaccinations. What to do and where to complain?

One of the most common reasons for refusing to provide a child with a place is the lack of vaccinations and a medical record, which doctors refuse to issue in the absence of these same preventive vaccinations. In this case, you must not give up and remember that Federal law gives everyone the right to voluntarily agree or refuse vaccinations.

It is necessary to require a written confirmation from the doctor that the medical card is not issued to the child on the basis that the child is not vaccinated. Most likely, the doctors will not take this step, because they understand very well that their refusal is contrary to Russian law, and will simply give the card back.

If in kindergarten they begin to refer to the requirements of sanitary rules and norms, to assert that the child will study with vaccinated children and pose a threat to their health, they need to draw their attention to the fact that these sanitary requirements are by-laws. They do not override the Federal Law giving the right to refuse vaccination, and articles of the Constitution and the Family Code. If in kindergarten the child is sent for examination to a particular doctor, a written referral should be required with an indication of the reason.

Of course, all of this may not work. For example, the doctor will give the card, but write in it that the child is not recommended to attend kindergarten, which means new problems. And in the kindergarten, they will begin to refer to the terms of the contract, which indicates that they do not accept unexamined children, or they will refuse to attend, citing quarantine and routine preventive vaccination with live vaccines. In this case, you can write a complaint. The doctor's misconduct should be written to the manager medical institution... It is important that the letter is written correctly, with the correct address of the institution, written without errors by the name and surname of the head physician. The exact details can be found at the reception. It is better not to send the letter by mail, but to register it with the secretary, taking with you a second copy, on which the secretary must put a registration mark. After that, the person must be answered within 30 days. Not always in a response letter comes what the complainant expects. But don't despair.

At the next stage, you should write another letter with complaints, including against the management of the kindergarten, if there is a violation of the law on their part, and send it to the local department of education and the prosecutor's office. Duplicates can also be sent to the Department of Health and Rospotrebnadzor. The written reply received earlier should be attached to this letter. Perhaps the prosecutor's office will immediately take the side of the parents or redirect the letter to the management of the institution, which can also contribute to solving the problem.

If you need help in drawing up a complaint in case of refusal to admit a child to kindergarten, then our lawyer on duty is ready to promptly help you in this matter.

There are no kindergarten places. Where to contact?

You can apply to the supervisory authorities even when the child is not taken to kindergarten due to the lack of free places. Just before you complain, you need to get a written notice from the kindergarten management that the child was not taken, since the kindergarten is overcrowded and there is no way to accept another pupil. It is possible that with such arguments, the management of the institution simply hints at financial assistance to the kindergarten. For some parents, it is easier to settle this issue by making some financial aid to the garden, than then write letters and come to receptions with officials.

In any case, do not forget that after all the checks, a difficult relationship will develop with the management of the garden or with doctors, so it is better to try to resolve the issue politely, without turning to harsh accusations and swearing. And although vaccinations remain the choice of every family, it should be remembered that it was vaccination that made it possible to overcome some of the diseases that previously claimed the lives of thousands of people.

Our on-line lawyer is ready to answer all your questions about the refusal to admit a child to a preschool institution free of charge.

A single mother from a village in the Leningrad Region enrolled her son in a kindergarten not far from her home. The child was not even two years old by that time. She chose two suitable kindergartens, applied, but was refused. The administration said: “There are no places in these kindergartens, there is a queue and children under two years old are not accepted. Come in next year».

Ekaterina Miroshkina

economist

Instead of a full day kindergarten, she was offered a place for half a day and 50 km from home. Mom could not carry her son that far. But she could sue the administration, which did not provide the child with a place in a kindergarten near the house. This is how this mom fought the district administration and the two courts. Her son is already attending the kindergarten next to her house, and many lawyers will envy his perseverance.

Why was the child not given a place in the manger?

Mom chose two kindergartens to which it was convenient for her to take the child. The garden was needed for a full day and with a manger. But there were no such groups in these kindergartens, or dozens of families were waiting for a place. The administration accepted the mother's statement, but in desired gardens the child is not enrolled. An inconvenient place and a short day were offered.

The administration cannot endlessly stretch groups in kindergartens, because there are sanpinas. And in front of this mother, other families are waiting for enrollment, which also need to arrange children. Their rights cannot suffer because of the interests of a particular parent, even if she is very persistent and needy.

All these are the usual arguments of any administration in any region of Russia: there are no places, wait. And parents wait up to three years or choose a kindergarten in another area. Someone pays for a private kindergarten, quits their job, hires a nanny, or solves the issue in a way that can be punished under article 291 of the criminal code. (In order not to click, there is about bribes.)

Why was the mother so insistently demanding a place for the child?

She brings up and supports her son alone. She needs to send him to kindergarten for a full day, and not tens of kilometers from home, but as close as possible. There is no way to wait three years: you have to work.

Mom read the law, which guarantees everyone an affordable and free preschool education, learned about the opportunity to choose three suitable kindergartens and demanded a place there. She did not agree to the proposals of the administration. And when it became clear that it would not work out peacefully, I went to court.

Mom had two requirements:

1. To recognize the inaction of the administration to enroll a child illegal.
2. Enroll your child in a full-day kindergarten, close to home and before he turns three.

What did the courts say?

Enrollment may be refused if there are no places in this preschool institution. This is the only reason for refusal, and it is prescribed by law.

All parents are in line, including those receiving benefits. No one can get ahead to the detriment of other families: everyone needs to get a job, everyone has no money and everyone wants to put their children in kindergarten. It is not allowed to infringe on the rights of one mother in order to protect the interests of another.

Mom accuses local authorities of inaction. They really should do everything so that the children can go to the garden. But the administration is doing everything like that: it created 1000 new places, offered my mother two kindergartens to choose from. So what, that for half a day or far from home, but she offered the same. Families with children receive benefits and support them in every possible way. There is no inaction here, and my mother is wrong and receives a refusal for both requirements.

The organization of an accessible and free preschool education are handled by local authorities.

All parents have the right to choose a kindergarten near their home. If there are no places, admission may be refused. Then you need to contact the administration and look for a place in another garden.

At the same time, it is the authorities who are obliged to do everything to ensure that there are enough places for children. Not in turn and not next year, but to everyone who needs it right now and has applied. If there is no money in the region, you can ask the federal budget. You can add something, make groups more densely, build new gardens, plan the workload for years to come. All these are the problems of the authorities, not the parents, hello!

The boy turned one and a half years old - he had the right to a kindergarten. Mom brings him up alone. A garden 50 km away or half a day is not suitable for her: she will not be able to work.

This means that, although the administration offered an alternative, it still did not fulfill its obligations to place the child in a kindergarten. And she violated the rights of a particular child to affordable preschool education.

Bottom line. The decisions of two instances were overturned as illegal, and the case was not even sent for review. The Supreme Court itself made the final decision. The inaction of the local administration was declared illegal. And the second requirement - about the enrollment of the child - did not have to be satisfied. When it became clear that the mother would not stop, her son was enrolled in a kindergarten near the house right in the middle of the school year. So the administration fulfilled this requirement before the meeting of the judicial board.

Don't yell at your mother.

Don't upset mom.

And what was the point of going to the courts if the child was enrolled anyway?

It was good to go to the courts. Firstly, if a legal decision was made in the first instance - and there it was made illegal and in violation of his rights - then the boy would have ended up in the garden a year earlier. And mom could go to work, get paid and not spend money on nannies. Courts in other regions ruled in favor of the parents, but in the Leningrad region something went wrong.

Secondly, the administration's inaction was declared illegal. And the state is responsible for the illegal inaction of the authorities - with money. That is, the mother can claim damages. For example, lost earnings for a year of courts or moral compensation. This cannot be achieved without a court decision on illegal inaction. And now the administration has no chance to prove the absence of guilt, and my mother has a real chance to get money from the budget. How did the debtor, who seized 32 thousand rubles from the state

Even if she doesn't want to go to court again, this decision can be useful to other families. Now the issues of enrolling children in schools and kindergartens for the next academic year... Many parents hear: "There are no places." But these are the problems of the administration. If you have a place, demand it, as this mother did. If you decide to go to court, study the definition of the panel of judges and use these arguments.

There is a situation that while new preschool institutions are being built with money allocated by the state, the old ones are not able to accept everyone. The situation when a child is not taken to kindergarten occurs everywhere in the country. Many parents, faced with it, find themselves at a loss and do not know how to get out of a difficult situation. Knowledge of laws (Art. 67 of Law No. 273-FZ) and advice from people who have been in a similar situation can come to the rescue.

You need to worry about the future kindergarten for the child even before his birth. At this stage, both the childcare facility itself and backup options in case of force majeure are looked for.

It is best to agree in advance with the head of the kindergarten you like that when your baby reaches a certain age, she will take him to her.

As a safety net, you need to find out where the commission for the distribution of babies to kindergartens is located. They usually work under the district or city administration. It takes into account all the children who are in line to get a place in a child care institution. Subsequently, groups are completed from them and distributed to kindergartens. By registering as early as possible, you can increase the chances of your child entering kindergarten by the appointed time.

Attention! This should be done as soon as the child is born!

For registration you need documents:

• Birth certificate.
• Parents' passports.
• Documents for the right to receive benefits (if any).

It is best to contact the authorities at the place of registration. This will eliminate some controversial issues, but parents are free to register their baby where they find it convenient.

Mom and Dad are given a notification that their child has been registered. It contains the number of the queue and the date of joining the commission to get a place in kindergarten.

Reasons for refusal and next steps

Usually, parents choose a childcare facility that is located near their home. But in the choice, the conditions of the child and the competence of the staff may be of paramount importance. Arriving at the reception to the manager, you can get a polite refusal. And there are many reasons for it.

But in fact, there are only two objective reasons:

• Age. The baby is less than two months old (nursery) or more than seven years old.
• Health indicator. Some illnesses prevent you from being around other children.

All other reasons can be attributed to the fact of arbitrariness. Many parents do not know what to do in such cases. Meanwhile, all issues can be resolved in a legal way.

Wrong registration

The priority of admitting children to children's institutions by their registration has no legal basis. Parents have the right to place their child in any kindergarten in the country. In case of such a refusal, the applicants can appeal against it in the courts.

No vaccinations

The most common and difficult reason is not being vaccinated. No medical record is issued without measles vaccination. You can demand from the doctor a written refusal to issue it, with the obligatory indication of the reason - the lack of vaccination. Realizing that the refusal violates the law, most likely, the card will be returned. But the doctor can make a note that he does not recommend going to preschool for the child.

On the statement of the kindergarten staff that they are against the presence of the baby next to the children who have received the vaccine, it is necessary to recall the Federal Law.

It says that:

each person decides for himself - to refuse or agree to vaccinations. And in case of doubts about the health of the child, you need to request a written referral for examination indicating the reason (lack of vaccination).

Management preschool can show enviable tenacity, referring to a medical indicator. In order for the doctor to cancel the unwanted recommendation, you can write a complaint to the head doctor of the organization. The exact address and surname of the manager can be found at the reception. It is best to register a letter with a copy of it personally with the secretary. The answer should come within thirty days. Unfortunately, it is not always positive. Then the next step will be an appeal to the prosecutor's office.

But if the parents do not have a negative attitude towards vaccination, then it is best to find out in advance without which vaccinations they are not taken to kindergarten and give them to the child.

Mandatory vaccinations:

• BCG (for tuberculosis)
• polio
• from hepatitis B
• PDA (for measles, rubella and mumps).
• DPT (for diphtheria, whooping cough and tetanus)

Desirable vaccinations:

• against flu
• pneumococcal
• hemophilic
• meningococcal infections.

No places

When they do not take to kindergarten due to lack of places, this usually hides a subtle hint of material assistance kindergarten. In the case of a principled position, it is necessary to require notification in writing that the institution is not able to accept another pupil. Such a paper, together with a complaint, is submitted to the supervisory authorities.

Age restrictions

If the reason indicated that your child is not yet three years old, then in this case, you must contact the higher authorities. Often parents do not know where to go. You can look for help in the department of education or in social protection. First of all, you need to go to the district administration.

Step-by-step actions for placing a child in kindergarten

For those who are not afraid to resist lawlessness and who have enough strength for this, there are clear steps that will lead to victory:

1. An application is submitted to the district department of education. It voiced a request for the child's admission to kindergarten.
2. A refusal comes, motivated by the fact that there is a queue, and in not hers, the baby cannot be accepted.
3. You need to write a statement to the prosecutor's office. A request is stated to deal with the district administration, and specifically, with the education department.
4. In case of support from the prosecutor's office, we carry out its recommendations and control the process.
5. If the prosecutor's office refused, then you need to contact the court. Such a serious step requires help.
6. An application is submitted.
7. Preparations for the process are in progress.
8. This is followed by participation in meetings.
9. The process is won.
10. We get a place in kindergarten.

As you can see from the above, such steps require a waste of cash. In particular, payment for the services of a lawyer.

Nuances of the problem

If the baby is not taken to kindergarten for valid reasons, then the state is trying to solve this problem in a different way. Monetary compensation is awarded to parents. But the bottleneck of this issue is that due to the scarcity of the budget, many regions of the country do not have the opportunity to realize this.

The government was considering a bill that wanted to include all regions of the country in this program without fail. But it was postponed. Therefore, parents need to find out on their own whether they qualify for such a benefit.

Each region that has undertaken such obligations itself sets the amount of payments. The amount of these funds ranges from 1,000 to 6,000 rubles.

Conclusion

We must not forget that after all the complaints and subsequent checks, relations with the management and staff of the child care center will be fundamentally damaged. Therefore, before looking for where to complain and run to do it, you need to try to achieve your goal peacefully. Politely ascertaining the possible conditions for obtaining a place can lead to mutual agreement and good relationship in future.

Hello! in accordance with the Order of the Ministry of Education and Science of January 22, 2014 No. 32 Admission of a child to an educational institution can be refused only in the absence of free places. You need to contact the Department of Education or your local department of education.

ORDER
ADMISSION OF CITIZENS TO TRAINING ON EDUCATIONAL PROGRAMS
INITIAL GENERAL, BASIC GENERAL AND MEDIUM
GENERAL EDUCATION

...5. Admission to a state or municipal educational organization may be refused only due to the lack of free places in it, with the exception of cases provided for in parts 5 and 6 of article 67 and article 88 of the Federal Law of December 29, 2012 N 273-FZ "On education in Russian Federation"... In the absence of places in a state or municipal educational organization the parents (legal representatives) of the child, in order to resolve the issue of his placement in another general educational organization, apply directly to the executive authority of the constituent entity of the Russian Federation in charge of state administration in the field of education, or to the local government body in charge of administration in the field of education...

Also, this issue is regulated by Art. 67 Federal Law "On Education"

Federal Law of December 29, 2012 N 273-FZ (as amended on July 29, 2017) "On Education in the Russian Federation" Article 67. Organization of admission to study in basic general education programs

1. Receiving preschool education in educational organizations can begin when children reach the age of two months. Receiving primary general education in educational institutions begins when children reach the age of six years and six months in the absence of contraindications for health reasons, but no later than they reach the age of eight years. At the request of the parents (legal representatives) of children, the founder of the educational organization has the right to allow the admission of children to the educational organization for training in educational programs of primary general education at an earlier or later age.
2. The rules for admission to study in basic general education programs must ensure the admission of all citizens who have the right to receive a general education of the corresponding level, unless otherwise provided by this Federal Law.
3. The rules for admission to state and municipal educational organizations for training in basic general educational programs should also ensure the admission to an educational organization of citizens who have the right to receive a general education of the appropriate level and live in the territory for which the specified educational organization is assigned.
4. Admission to a state or municipal educational organization may be refused only due to the lack of free places in it, except for the cases provided for in parts 5 and this article and article 88 of this Federal Law. In the absence of places in a state or municipal educational organization, the parents (legal representatives) of the child, in order to resolve the issue of his placement in another educational organization, apply directly to the executive authority of the constituent entity of the Russian Federation in charge of state administration in the field of education, or to the local government body in charge of in the field of education.
5. The organization of individual selection for admission or transfer to state and municipal educational organizations for receiving basic general and secondary general education with in-depth study of individual academic subjects or for specialized training is allowed in the cases and in the manner provided for by the legislation of the constituent entity of the Russian Federation.
6. Organization of a competition or individual selection for the admission or transfer of citizens to receive general education in educational organizations that implement educational programs of basic general and secondary general education, integrated with additional pre-professional educational programs in the area of physical culture and sports, or educational programs of secondary vocational education in the field of arts, integrated with educational programs of basic general and secondary general education, is carried out on the basis of an assessment of the ability to engage in a particular type of art or sport, as well as in the absence of contraindications to engaging in the relevant sport.

Also, if you do not agree with the actions of the officials of the educational institution, you can file a complaint with the prosecutor's office.

Good luck to you! All the best, I hope the answer was helpful.