Does the teacher have the right to yell at the student, insult, hit or beat. Is it okay to yell at a child at school? Can a teacher yell at a child

1. Does a teacher have the right to yell at a student for not doing homework?

1.1. Hello! No. But parents must educate the child in order for the tasks to be completed. You can prepare a complaint to the prosecutor's office, you can send it through its website. It is not necessary to specify specific articles of the law. The appeal is made in free form. Attach relevant documents (if any) and evidence to the complaint. The prosecutor's office will check and if the fact of violation of your rights is confirmed, they will take action.

1.2. Good evening! This is the "softest" of the possible offenses. In this case, parents can contact both directly the teacher and the school management. However, normal communication may not be effective, and if such communication continues, parents should notify the educational authorities of the municipality. In this case, such authorities will conduct an investigation and impose a punishment. For such misconduct, the teacher is threatened with disciplinary measures in accordance with the labor code. These include - a reprimand, a disciplinary sanction.

1.3. Good day! The teacher has no right to speak in raised tones with the student! You can apply to the director of an educational institution or to the Department of Education, but first talk to the teacher, find out what's what.

The son of my friend has been coming home lately all on edge. The teenage period is already difficult, and then the teacher got angry at him, constantly breaks down and screams. The guy is also not silent, in the end it comes to the director's office and calling the parents to school.

Everyone suffers from the protracted conflict, and first of all, the child who abandoned the subject and fundamentally does not teach it. The question arises: how should a teacher behave and does he have the right to raise his voice to a student under any circumstances? More on this.

To put the question straight, the answer is an unequivocal no. The teacher cannot even speak to the student in raised tones. This is unpedagogical and unacceptable. So why is this happening then?

Reasons for raising the teacher's voice

Often children become so uncontrollable that it is problematic to cope with them, and it is impossible to teach a lesson. The teacher does not know how to maintain discipline, and breaks into a cry. Naturally, no one listens to him, and some students also begin to tease him.

Respect for the teacher and his work is practically not instilled in children today. This is the fault of the parents.

If the teacher constantly behaves aggressively, then gradually discourages the desire to love his subject and teach it. He causes psychological trauma to the child with his behavior.
But sometimes the child himself methodically provokes the teacher into a scandal and purposefully disrupts the lesson, feeling his impunity. This can happen for various reasons and depends on upbringing, family and other things.
There are teachers who consider communication in raised tones in the classroom to be normal, since they started their careers back in Soviet times, when you could walk around the classroom with a pointer and scream, even kick the child out the door screaming. Such methods no longer work in the 21st century - children, the world and teaching methods have changed.

If there is a conflict on the basis of the teacher's screaming at the children, then parents need to go to school and understand the reasons. But at home, be sure to have a conversation with the child.

If he is guilty, behaves disgustingly, is rude, disrupts lessons, then it is necessary to start not from school, but from the offspring. There are reasons for this behavior: lack of attention, love, adolescence, and so on.

If you understand that something incomprehensible is happening to the teacher, then you need to talk with him. If the conversations do not help, there is no result, then every parent has the right to go to the headmaster and complain.

The psychological side of the issue

It is not uncommon for a young teacher to feel completely defenseless in the classroom. Children very subtly "grab" this insecurity and inexperience and begin to use it - to mock, disrupt lessons, behave simply horribly, sometimes openly insult the teacher.

In psychology, it is believed that a person begins to scream or even raise his voice for several reasons:

An uncontrollable feeling of fear.
Uncertainty in their abilities, inability to control the situation.

However, a teacher is a profession that requires maximum composure and the ability to manage emotions. The internal conflicts that every person has, in this case, should not splash out on others, and even more so on students.

Moreover, the teacher should be an example and show how to talk and look. What standards of decency exist, how to communicate with women, what can be said to a girl, and what cannot be said to anyone. The teacher instills in the child the norms of communication in society. He just walks into school and is already at work.

The teacher is rightfully the main one in the lesson, he chooses the style of teaching. The format of communication in the classroom should also be under his control. If this does not work out, then you must first work on yourself, look for reasons, and only then go to teaching.

It must be understood that authority can be irrevocably lost if an adult cannot cope with teenagers or students of a different age. Not only will he not be able to teach children, but he will also discourage them from his subject.

Definitely, screaming is unacceptable in an educational institution on the part of the teaching staff. If the cases are repeated, then you need to go to the school administration and understand this issue, write a complaint and ask for re-certification and check the professional suitability of the teacher.

Are there laws?

According to the Constitution, every person not only has the right to education, but also the protection of dignity and honor. First of all, a child is a person, and the state is obliged to protect and protect him, especially while he is in a state educational institution.
This must be said to the teacher at the first or subsequent conversations. It is possible that such facts will convince him to restrain his emotions and behave in a balanced manner.
There is also the "Law on Education", which prohibits teachers from treating children in an unacceptable tone, not to mention shouting or insulting and humiliating them in front of the whole class. This is anti-pedagogical.
If there are irrefutable and proven facts that the teacher insulted the student, then he can be brought under Art. 5. 65 of the Code of Administrative Offenses.
You can also demand moral compensation if what the teacher said caused the child serious suffering and psychological trauma.
In addition, cases have recently become more frequent in Russia when parents file complaints and lawsuits with the prosecutor's office, as teachers not only raise their voices, but also use physical force. And this is not an administrative, but a criminal liability.

Parents should not turn a blind eye to the situation if their child does not want to attend school. As long as the son or daughter is complaining, action must be taken to protect them.

If this is not done, then the child begins to skip and protest against the negative attitude with his own, childish, methods. It doesn't matter if he is 10 or 16 years old. Mom and dad are obliged, together with teachers, to ensure a happy childhood and a worthy educational process for the child.

Conclusion

The teacher under no circumstances has the right to raise his tone and shout at the students. If he cannot cope with the discipline in the classroom or explain the subject intelligibly, then it means it is time to change the profession.
Parents, before going to school for a conversation, should first discuss the conflict situation with the child. To draw conclusions, you need to listen to both sides.
If the teacher is to blame, then the parents have the right to complain to the school administration and seek to take action. Otherwise, the broken psyche of the child will be retribution for the indifference of adults.

Currently, the legislation does not define specific requirements for the professional behavior of general education teachers. As a rule, educational institutions approve codes of professional ethics for teachers by their own local regulations.

The right to respect for human dignity at school

The student has the right to respect for human dignity, protection from all forms of physical and mental violence, personal insults, protection of life and health ().

The teacher is obliged comply with legal, moral and ethical standards, follow the requirements of professional ethics; respect the honor and dignity of students and other participants in educational relations ().

The teacher is not allowed to: shouting at children, raising a hand, insulting his dignity, humiliating him in front of his classmates, punishing a child in an inhumane way. In the event of a disciplinary violation on the part of a student, the teacher must be guided by the Charter of the school and resolve the issue with parents and the school administration.

What should parents do if the teacher allows himself to offend the student?

Step one. If the teacher is ready for dialogue, it can help personal conversation. You can explain to the teacher that your child is not used to screaming and you think that such measures of influence are unacceptable.

Step two. Write a letter to the principal of the school(it can be both individual and collective), list the facts and circumstances that violate the rights of students to respect for honor and dignity and ask to take action against the teacher, or to bring to disciplinary responsibility.

So that your complaint is not perceived as a slander, and your child is not guilty, try to involve other parents. They must have similar problems. A complaint to the director signed by the parents of the class is a very effective way. The director does not ignore such an appeal - he is obliged to conduct an internal investigation and has the right to bring the teacher to disciplinary responsibility.

Step three.Submit an application to the Conflict Resolution Commission. Such a commission should meet in each school and consider the applications received. Appeals can be made on behalf of both students and parents. Parents must be part of the committee.

Step four.Appeal to the court, prosecutor's office, police, an inspection for the control of education can follow both after the disciplinary proceedings, and in cases where the disciplinary proceedings were not conducted or during this proceedings, the behavior of the teacher described by you was not established.

If the situation cannot be corrected, the parent may raise the issue of transferring the child to another class or to another teacher. The order of transfer and other organizational issues related to the activities of the school should be reflected in the Charter of the educational institution. Parents have the right to familiarize themselves with all documents that regulate the activities of the school and affect their rights.

Effects

After establishing the facts of unprofessional and unethical behavior of a teacher, you have the right to demand:

1) bring to disciplinary responsibility, up to dismissal (when contacting the school administration or the dispute resolution commission);

2) bring to administrative or criminal liability (when contacting the police, the prosecutor's office, the inspectorate for the control of education);

Administrative responsibility. Insult, that is, humiliation of the honor and dignity of another person, expressed in an indecent form - shall entail the imposition of an administrative fine on citizens in the amount of one thousand to three thousand roubles; on officials - from 10,000 to 30,000 rubles; for legal entities - from 50,000 to 100,000 rubles. (Article 5.61. Code of Administrative Offenses)

3) to compensation for non-pecuniary damage (when applying to the court with a claim for recovery from the teacher and the school).

In any case, it is worth raising the issue of insults, since even the teacher will not be punished, it is possible that his behavior will still be affected by the fact that there are complaints, or a face-to-face conversation with the director.

Law quotes:

The dignity of the individual is protected by the state. Nothing can be grounds for belittling him.

paragraph 1 of Article 21 of the Constitution of the Russian Federation

The student has the right to respect for human dignity, protection from all forms of physical and mental violence, personal insults, protection of life and health

The teacher is obliged to comply with legal, moral and ethical standards, follow the requirements of professional ethics; respect the honor and dignity of students and other participants in educational relations.

intangible benefits

1. Life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, home inviolability, personal and family secrets, freedom of movement, freedom to choose a place of stay and residence, name of a citizen, authorship, other intangible benefits belonging to a citizen from birth or by virtue of law are inalienable and non-transferable in any other way.

2. Intangible benefits are protected in accordance with this Code and other laws in the cases and in the manner prescribed by them, as well as in those cases and within the limits in which the use of methods for protecting civil rights (Article 12) follows from the essence of the violated intangible benefit or personal non-property law and the nature of the consequences of this violation.

In cases where the interests of a citizen so require, intangible benefits belonging to him can be protected, in particular, by recognizing by the court the fact of violation of his personal non-property right, by publishing a court decision on the violation, as well as by suppressing or prohibiting actions that violate or create a threat of violation personal non-property rights or encroaching or creating a threat of encroachment on a non-material benefit.

Article 150 of the Civil Code of the Russian Federation

Insult, that is, humiliation of the honor and dignity of another person, expressed in an indecent form - shall entail the imposition of an administrative fine on citizens in the amount of one thousand to three thousand roubles; on officials - from ten thousand to thirty thousand rubles; for legal entities - from fifty thousand to one hundred thousand roubles.

Parents have the right to familiarize themselves with all documents that regulate the activities of the school and affect their rights. Consequences After establishing the facts of unprofessional and unethical behavior of a teacher, you have the right to demand: 1) to bring to disciplinary responsibility, up to and including dismissal (when contacting the school administration or the dispute resolution commission); 2) bring to administrative or criminal liability (when contacting the police, the prosecutor's office, the inspectorate for the control of education);

Administrative responsibility. Insult, that is, humiliation of the honor and dignity of another person, expressed in an indecent form - shall entail the imposition of an administrative fine on citizens in the amount of one thousand to three thousand roubles; for officials - from 10,000 to 30,000 rubles; for legal entities - from 50,000 to 100,000 rubles. (Article 5.61.

Is it okay to yell at a child at school?

Article 48 of the Federal Law "On Education in the Russian Federation" Intangible benefits 1. Life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, home inviolability, personal and family secrets, freedom of movement, freedom to choose a place stay and residence, the name of a citizen, authorship, other intangible benefits belonging to a citizen from birth or by virtue of law, are inalienable and non-transferable in any other way.
2. Intangible benefits are protected in accordance with this Code and other laws in the cases and in the manner prescribed by them, as well as in those cases and within the limits in which the use of methods for protecting civil rights (Article 12) follows from the essence of the violated intangible benefit or personal non-property law and the nature of the consequences of this violation.

Teacher humiliates students

What measures will be taken depends on the personal characteristics of the teacher, director and the general situation in the educational institution. Of no small importance is the extent to which it will be possible to prove the fact of the implementation of humiliating actions, statements that insult the personality of the student.

What can be done?

Do not ignore your child's complaints that the teacher offends him. If the offender is ready for dialogue, you can try to solve the problem peacefully, limiting yourself to a personal conversation. Try to convey to the employee of the educational institution that your child is not used to such treatment. It is necessary to focus on the fact that such actions on the part of the teacher are simply unacceptable.
If a personal conversation did not give results, you can proceed to the second way to influence the situation - write a statement addressed to the director.

Does a teacher have the right to yell at a student, insult, hit or beat

OU) with the requirement to conduct disciplinary proceedings against the teacher and bring him to disciplinary liability, including dismissal. Parents (legal representatives) also have the right to file a lawsuit against a specific teacher and educational institution with a claim for payment of compensation for moral damage.

Important

As a parent, you have the right to demand that the teacher stop such actions. The specific steps depend on the personal characteristics of the given teacher, principal and the general situation in the school.

Attention

Also, a lot depends on the ability to prove the fact of humiliating actions and offensive statements. Read more on this issue - A secret dictaphone recording can be used as evidence in court.

Step one. If the teacher is open to dialogue, face-to-face conversation can help.

Responsibility of a teacher for insulting a student

Teasing, swearing, inappropriate sexual remarks, ridicule, threat of harm. 2. Social bullying. Deliberately spreading rumors and gossip with the intent to damage someone's reputation or relationship, deliberately ignoring someone, inciting some students not to be friends with someone, and publicly embarrassing someone. 3.

Physical bullying. The use of physical force to harm a person's body or things. Cyberbullying is when a student uses the Internet or other technologies to harass, threaten or embarrass another student, such as by displaying or sending obnoxious, vulgar, violent SMS and posting personal information, photos or videos online to hurt or embarrass another student; creating a fake account, a web page with the intent to bully another child.

The teacher yells at your child: what to do and where to go?

In the vast majority of cases, teachers are subject to dismissal as a liability when such a fact is revealed (less often, such a measure is also applied to the director and head teacher). Also, parents can apply to the prosecutor's office in case of systematic manifestation of psychological pressure.
The prosecutor's office also conducts inspections within 30 days and can petition to send the case to court and administrative arrest (the amount of the fine may vary and goes together with the dismissal of the employee); In a video example of a teacher screaming and insulting students:

If a teacher, as a result of a child's misconduct or for other reasons, has been able to hit a child or cause other minor harm to his health, the child should immediately contact the parents. The development of the further situation depends on their actions.

Does a teacher have the right to yell at children?

What to do if the teacher systematically “jokingly” calls the child names, referring, for example, to his external data? If he is clearly and deliberately unfair to a particular student? Does a teacher have the right to publicly criticize, ridicule students? How to deal with unethical teacher behavior? Currently, the legislation does not define specific requirements for the professional behavior of general education teachers. As a rule, educational institutions approve codes of professional ethics for teachers by their own local regulations.

The right to respect for human dignity at school A student has the right to respect for human dignity, protection from all forms of physical and mental violence, personal insults, protection of life and health (Article 34 of the Federal Law "On Education in the Russian Federation").

Can a teacher yell at a child?

If you competently approach the solution of this problem, namely, contact a professional lawyer, then you can bring the offender not only to administrative, but also to criminal liability. Violation of the rights of the child for a teacher may result in the imposition of an administrative fine in the amount of 1-3 thousand rubles.

When applying to the court, you can achieve compensation for moral damages. If you are faced with the fact that your child is offended at school, and even the teacher, you do not need to be silent about it.

If the problem is not corrected immediately, other children may suffer. When contacting the prosecutor's office, which is done in the most extreme case, a statement is written that indicates the most detailed information about the offense, be prepared for the fact that you will be interrogated in the case.

Based on the results of the preliminary check, a decision may be made to open an administrative case.

Where to turn when insulted at school: student by student

Often such serious conversations bring teachers to their senses, and they admit their mistakes. However, it happens that the teacher misses everything.
Raise this issue at the parent meeting. If no one supported you from adults, then you should go to the director. This method is usually sobering and the situation improves significantly.

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3) to compensation for non-pecuniary damage (when applying to the court with a claim for recovery from the teacher and the school). In any case, it is worth raising the issue of insults, since even the teacher will not be punished, it is possible that his behavior will still be affected by the fact that there are complaints, or a face-to-face conversation with the director. Quotes from the law: The dignity of the individual is protected by the state. Nothing can be grounds for belittling him. Paragraph 1 of Article 21 of the Constitution of the Russian Federation The student has the right to respect for human dignity, protection from all forms of physical and mental violence, personal insults, protection of life and health Article 34 of the Federal Law "On Education in the Russian Federation" The teacher is obliged to comply with legal, moral and ethical standards , follow the requirements of professional ethics; respect the honor and dignity of students and other participants in educational relations.

Teacher yells at children criminal article

The same applies to protection from various forms of physical, psychological violence, insults, health and life protection. Another article of the same law deals with the duties of a teacher. They include compliance with legal, moral, ethical standards. He must fully comply with the requirements of professional ethics, respect students, namely their honor and dignity. Other participants in the educational process are no exception. Attention! Shouting, raising a hand against children, insulting their dignity, publicly humiliating, punishing, using inhumane methods - the teacher has no right to all this.

If there is a disciplinary violation, then the teacher should be guided in making decisions by the Charter of the school. Such issues are resolved with parents, the administration of the educational institution.