How to get unpaid family tuition money. Education of disabled children: compensation, benefits and forms of education

Olga antolievna

10/04/2014 at 09:46

Russia, Vladivostok | Questions: 1

Payment for home schooling for parents

Question number No. 5034360

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The law of the Russian Federation "On Education" does not provide for payment to parents, unfortunately. Teachers teach. at home

You have little information. Options are possible. Contact. specify.

Olga Anatolyevna, good afternoon!

In the Primorsky Territory, there is a program to reimburse the parents of children who are homeschooled, only for parents of children with disabilities.

So, in accordance with the Decree of the Administration of the Primorsky Territory dated 02.03.2011, No. 58-pa, the procedure was approved, including for reimbursement of expenses:

IN PRIMORSKY REGION

in the IX classes - up to 11 hours;

8. Expenses for the education of children with disabilities at home are made at the expense of the regional budget allocated to the regional state educational institutions on the basis of budget estimates, to municipal educational institutions - within the limits of subventions provided to local budgets for the implementation of basic general education programs, to non-state educational institutions - in the form subsidies.

Education and upbringing of a disabled child in a non-state educational institution that has state accreditation and implements general education programs can be carried out only if there are special educational conditions for education and upbringing, including special educational programs developed taking into account the individual rehabilitation program for disabled people, correctional methods, technical means, living environment, specially trained teachers, as well as medical care, social and other conditions, without which it is impossible (difficult) to master general education programs for disabled children.

copy of your passport;

THIS FORM OF TRAINING IS PROVIDED BY THE FZ ON EDUCATION.

FOR CHILDREN WITH DISABILITIES, TRAINING IS FREE, AND VISITS AT THE HOUSE OF TEACHERS.

IF THE PARENTS ORGANIZE TRAINING AT THEIR OWN ACCOUNT, THEY HAVE A COMPENSATION UP TO 10,000 RUB. IN YEAR

IN OTHER CASES OF HOME STUDY, THE REGULATIONS OF THE EDUCATIONAL INSTITUTION SHOULD BE RULED BY THE REGULATIONS.

Federal Law of December 29, 2012 N 273-FZ (as amended on July 21, 2014) "On Education in the Russian Federation"

Article 17. Forms of obtaining education and forms of training

1. In the Russian Federation, education can be obtained:

1) in organizations carrying out educational activities;

2) outside organizations carrying out educational activities (in the form of family education and self-education).

2. Training in organizations that carry out educational activities, taking into account the needs, capabilities of the individual and depending on the volume of compulsory classes of a teacher with students, is carried out in full-time, part-time or part-time form.

3. Education in the form of family education and self-education is carried out with the right to further pass, in accordance with Part 3 of Article 34 of this Federal Law, intermediate and state final certification in organizations carrying out educational activities.

4. A combination of various forms of education and training is allowed.

5. The forms of obtaining education and forms of training in the basic educational program for each level of education, profession, specialty and direction of training are determined by the corresponding federal state educational standards, educational standards, unless otherwise provided by this Federal Law. Forms of training for additional educational programs and basic vocational training programs are determined by the organization carrying out educational activities independently, unless otherwise provided by the legislation of the Russian Federation.

Resolution of the Administration of the Primorsky Territory dated 02.03.2011 No. 58-pa

TRAINING AND EDUCATION OF CHILDREN WITH DISABILITIES AT HOME

IN PRIMORSKY REGION

1. For disabled children who, due to health reasons, temporarily or permanently cannot attend general educational institutions, educational authorities and educational institutions implementing general education programs, with the consent of their parents (legal representatives), provide upbringing and education of these children at home.

2. The basis for organizing home education for a disabled child is the conclusion of a medical and preventive institution.

The conclusion of the medical institution is drawn up in accordance with the list of diseases, the presence of which gives the right to study at home, approved by the Ministry of Health and Social Development of the Russian Federation.

3. Homeschooling for children with disabilities is carried out by an educational institution that implements basic general education programs (hereinafter referred to as an educational institution), as a rule, the closest to their place of residence.

4. Enrollment of disabled children in an educational institution is carried out in accordance with the general procedure established by the legislation of the Russian Federation for the admission of citizens to educational institutions.

5. Educational institution:

provides children with disabilities, homeschooling, free of charge textbooks, educational, reference and other literature available in the library of the educational institution for the period of study;

provides disabled children studying at home with specialists from among pedagogical workers, provides methodological and advisory assistance necessary for the development of general education programs;

carries out intermediate and state (final) certification of disabled children studying at home;

in accordance with the license, issues a state-recognized document on the relevant education to disabled children who are homeschooled who have passed the state (final) attestation.

6. For the individual organization of teaching disabled children at home, the following number of hours of the curriculum per week is established:

in classes I - IV - up to 8 hours;

in V - VIII classes - up to 10 hours;

in the IX classes - up to 11 hours;

in X - XI grades - up to 12 hours.

7. Parents (legal representatives) with disabled children, before they receive basic general education, have the right to choose the forms of education in accordance with the current legislation.

The procedure for determining the amount and provision of these subsidies is established by the Administration of the Primorsky Territory.

9. Parents (legal representatives) who have disabled children between the ages of 3 and 18 inclusively, who raise and educate them at home on their own, are paid compensation for the costs incurred for these purposes (hereinafter - compensation) in the amount of actually incurred costs, but not more than 10,000 rubles per year.

Payment of compensation is made once a year according to documents confirming the actual costs for the previous calendar year.

One of the parents (legal representatives) of a disabled child who is brought up and studied at home in accordance with general education programs independently has the right to receive compensation.

10. Payment of compensation is made by the Department of Education and Science of the Primorsky Territory (hereinafter referred to as the Department) in accordance with the consolidated list of the regional budget, the cash plan for the execution of the regional budget within the limits of budget obligations provided for by the department for these purposes.

11. When applying for compensation, parents (legal representatives) of children with disabilities submit the following documents to the territorial departments of guardianship and trusteeship of the department (hereinafter - territorial departments) at the place of residence during the entire calendar year following the reporting year:

an application for payment of compensation (indicating the document on the establishment of custody or guardianship over a disabled child if the disabled child is an orphan or a child left without parental care and details of a personal account opened with a credit institution);

copy of your passport;

a copy of the birth certificate of a disabled child;

a copy of the pension certificate of disability;

documents confirming the actual costs of parents (legal representatives) for the upbringing and education of disabled children at home independently (payment for educational services, purchase of educational literature).

The applicant is responsible for the accuracy of the information provided.

12. The parent (legal representative) is obliged to inform about the circumstances leading to the termination of the provision of compensation, within 10 days from the moment of their occurrence.

13. Territorial departments, within 10 working days from the date of registration of the documents specified in paragraph 11 of this Procedure, check the submitted documents, monthly by the 10th day of the month following the reporting month, draw up a register of payments in the form approved by the department and send it to the department ...

On a monthly basis, by the 15th day of the month following the reporting month, the Department prepares and sends consolidated registers of recipients of compensation to the state treasury institution Primorskoe Treasury.

14. State treasury institution Primorsky Treasury in pursuance of an agreement on the transfer of certain functions of the chief manager of funds of the regional budget to the state treasury institution Primorsky Treasury, concluded with the department, within five days after submission by the department of the register prepares and submits applications for cash expenses for the transfer of cash payments from the personal account of the department, opened in the Office of the Federal Treasury for the Primorsky Territory, to the accounts specified in the application.

Payment of compensation to parents (legal representatives) who have disabled children, who are raising and educating them at home on their own, is made within two months from the date of registration of the documents specified in paragraph 11 of this Procedure.

15. Control over the effectiveness, targeting and targeted use of budget funds is carried out by the department.

Position

about family education

4. Financial support of family education

4.1. Family education is funded by the founder.

Parents (and other legal representatives) who teach a minor child in the form of family education in all subjects from the beginning of the school year, on the basis of an agreement concluded with a general education organization, are reimbursed for costs within the framework of the regional budgetary funding standard for the implementation of the state educational standard of general education at the appropriate level. Payments are made in the manner prescribed by law.

In other cases, the costs of family education are resolved privately without prejudice to the interests of the parents (legal representatives)

4.2. Additional expenses incurred by the family in excess of the money paid are covered by the parents (and other legal representatives) on their own.

4.3. Parents (and other legal representatives) who educate a minor child in a family are not deprived of the right to receive compensation established by state and municipal authorities for children of the appropriate age.

Parents of schoolchildren who study at home have begun to file lawsuits against schools in the capital in order to receive funds allocated to educational institutions for the education of their children. Representatives of the Family Education public movement told Izvestia that the district courts had already made positive decisions on two claims and that 15 more parents are now preparing documents for going to court. With the entry into force of the new federal law "On Education" on September 1 of last year, the city authorities stopped paying monetary compensation to the parents of external students, citing the fact that such students are not included in the school contingent, and the parents spend the money they received not on education. but for their own needs.

The head of the public movement "Family Education" Margarita Makarevich, who has five children out of eight in family education, is awaiting a court decision on her case and advises all parents to file similar claims.

In the last academic year, we received compensation for both education and food, since we had detailed contracts with schools. The rights and obligations of the parties were indicated there, the procedure for relations with the school was spelled out - which textbooks to teach, when to come for consultations, and the amount of compensation was prescribed, ”she says. - In the same academic year, the Department of Education instructed schools not to sign such agreements so as not to pay anything. Now they either do not exist, or they are purely formal in nature, where the school's obligation to take the exam is spelled out.

Margarita Makarevich said that there are already positive decisions of the district courts on two claims.

By the decision of the Savelovsky district court, the parents' claim for payment of monetary compensation for food was satisfied. Parents received about 80 thousand rubles for food for two children who are in family education, - said Makarevich. - We are also awaiting the decision of the district court in the near future on one more claim, however, since we are afraid of pressure on the court from the department, we are not ready to disclose the details of the claim.

As a member of the public movement "Family Education", mother of three children Svetlana Dneprovskaya, said, 15 people are already included in the group of parents of external children who are preparing documents for going to court.

I have three children who are in family education. Based on the fact that the state allocates from 60 thousand to 120 thousand rubles for each child, the amount of monetary compensation will be about 300 thousand rubles. Moreover, this amount includes funds allocated from the city budget not only for the education of the child, but also for food, - explained Dneprovskaya. - Now 15 parents have already joined our group to file a claim for compensation. In addition, we have a precedent: the parents have already won two wins in the district court in the compensation case.

According to Dneprovskaya, until the last academic year, all parents received monetary compensation. However, with the adoption of the new federal law "On Education" (entered into force on September 1, 2013), which does not oblige the regions to pay compensation, schools and the Department of Education tried to avoid payments.

They tried to explain the non-payment of monetary compensation by different versions. At first, they said that since the students are in family education, they are outside the contingent of the school, respectively, no payments are due. After all, the school is allocated funds only for those children who are included in the school contingent. Then a version appeared that the parents of such students spend money on alcohol, and not on education, but the same can be said about other social benefits. Despite all the protests of parents and objections from lawyers that the federal law does not determine the binding of cash payments to entry into the contingent, schools continued to assert that payments were not due, says Dneprovskaya.

At the same time, in accordance with clause 3.1. Article 6 of the metropolitan law on education, the city must pay money in the amount of the cost of education of each child "to parents who are raising and educating a minor child in the family."

The refusal of the authorities to pay monetary compensation to parents, despite the current legislation, is a lawlessness, says Dneprovskaya. - Moreover, it is important to note that people who are far from being in the best life situation are fighting for their rights. Among the parents there are single mothers who, before that, thanks to compensation, could raise their children, not taking a full-time job, but limiting themselves to part-time jobs.

The metropolitan department of education could not provide a prompt comment.

Now about 3 thousand children of school age in Moscow receive education at home. From the city budget for each student is allocated from 60 thousand to 120 thousand rubles, depending on the characteristics of the school and the number of children in the class.

At the same time, as Izvestia previously wrote, in the fall of 2013, the Department of Education developed guidelines, according to which pupils who are in family education are excluded from the school contingent. Thus, the “inconsistent students” had the right only to take exams. Parents whose children received education in a family form were recommended to write a statement on the exclusion of their child from the contingent of the educational organization in which he previously studied or was enrolled.

It is worth noting that federal legislation assigns payment of compensation to parents for family education to the competence of regional authorities, which should adopt the appropriate regulation, but many regions have not done so yet.

According to the president of the All-Russian Education Foundation Sergei Komkov, the compensation payment system must be carefully worked out so that unscrupulous parents do not use "easy money" for their own purposes.

A situation may arise when drinking parents begin to take their children out of school en masse and demand a tuition grant. As a result, the children will be left without education, and the money will go to drink, says Komkov. - It is quite another matter if this is a conscientious family and the compensation will be used for the needs of the child.

The expert noted that positive court decisions in favor of parents will not be a common practice, since this requires serious evidence.

The form of family education is controversial all over the world. If it is developed in European countries, then, for example, in China it is strictly forbidden: parents can be prosecuted for trying to transfer a child to home schooling, says Komkov. - In Russia, the institution of external studies has practically been eliminated, so it is not clear what document a child studying in a family will receive as a result.

Konstantin Trapaidze, chairman of the bar association "Your legal attorney", noted that parents have the right to demand compensation from schools, since the money was transferred by the Department of Education to schools for each child, regardless of the form of education.

In this situation, two options are possible. If the Department of Education allocated money to the school for a child receiving family education, then the parents should sue the school, since these funds were not appropriately spent - the service was not provided. But if the school provides documents that it did not receive money, then it will have to deal directly with the department, the expert noted.

Compensation to parents for family education

The child can study outside the school, but only for family education, parents are entitled to compensation. What is this compensation and where does it come from?
The school receives money for each student in order to provide him with knowledge. If this student switches to home schooling, the school still spends money on him, as it organizes home education for the student. With an external study, the child is also attached to a specific school and the school dictates to the parents the conditions of study and the schedule for passing tests and exams. The situation with family education is fundamentally different. Here the parents organize the education of their child themselves. They draw up a plan of study and passing tests and exams, and therefore it is they who should receive money for this in the amount of about 8 thousand rubles per child. In addition, in those regions where free school meals are provided, money for free meals can also be transferred to the parent's card.

School attitudes towards family education

Unfortunately, most schools categorically do not want to lose money, or rather, transfer it to their parents. Therefore, instead of family education, the child is more often registered for home or external studies. But here we must remember about our rights. There is a “Law on Education” and an annex to it “On Education in the Family”, where it is written in black and white that any parent can exercise the right to give a child a family education, which must be financed by the founder of the educational institution. Schools, on the other hand, agree to "let go" of a child for family education only when the parents write a refusal of money, which is illegal.

New Law "On Education"

The new Education Law, passed in 2013, left many loopholes for school administrators to use if they wanted to. Now all the expenses on education are borne by the constituent entities of the federation, which means that it is they who must adopt a resolution on the payment of compensation. Such "local" laws are not adopted everywhere, which makes it difficult for parents to receive compensation for the child's family education.

What should parents do?

Of course, you need to try to get compensation, since for a year in different regions it ranges from 80 to 150 thousand rubles, with the help of which parents can organize the child's education more efficiently by hiring additional teachers or sending the child to thematic circles (and good ones are always expensive ).
Receipt of compensation must be negotiated immediately with the school director when writing an application for transferring a child to family education. If you are denied, go to the Department of Education. This is usually enough. If not, you can write a letter to the Rossiyskaya Gazeta to draw attention to the topic. This is what Irina Glazkova from Omsk did. After her letter, Omsk residents who have transferred their children to family education will receive:
for a primary school child - 7816 rubles per month;
for a child of middle classes - 9770 rubles per month;
for a high school student - 11,724 rubles a month.

You can bring the case to trial, usually it ends with the victory of the parents. If you silently agree with the violation of laws, your child will suffer in the first place.

24 Sep 1 2355

In connection with the entry into force of the new law "in the Russian Federation", many parents send questions to the interregional public organization "For the Rights of the Family" about how family education should be carried out in the new legal environment. Some of these issues concern the situation in all of Russia, and some relate to the situation in Moscow.

To give answers to some of these questions, we asked the chairman of the organization "For Family Rights", the author of the book "Without a school: a legal guide to family education and external studies" Pavel Parfentiev.

- Under the new law, family education is classified as a form of education outside of schools. Is this good or bad?

Indeed, Art. 17 part 1, paragraph 2 of the new law "On Education in the Russian Federation" clearly indicates that family education is obtained outside educational organizations. Strictly speaking, this also followed from Art. 10 of the old law, but it was not so explicitly indicated. Because of this, schools often believed that they had the right to control the learning process in the family, to monitor children who study in the family, and so on. The new law clearly stated that the learning process in the family is carried out outside the school, that is, it has nothing to do with it. This is a very positive and correct innovation that removes the ambiguity that existed before.

- But isn't this innovation related, for example, to the fact that children studying in a family now do not have the right to a reduced fare?

This is some kind of misunderstanding. The right to reduced travel is established by the laws of the regions. And it, as a rule, is assigned to children studying full-time - that is, to those who go to school every day. And this is not news at all.

For example, in St. Petersburg, the social code of St. Petersburg provides a travel benefit. It is not difficult to refer to the original version of this code, adopted at the end of 2011, to make sure that Art. 87 the right to reduced travel was granted only to students with full-time... The same follows from the current edition, where the link to the full-time form is directly given in the introductory part of Chapter 20, concerning transport benefits. Thus, if someone received travel benefits, it was not their right, but the result of a misunderstanding.

The same applies to, for example, Moscow. Art. 27, clause 6 of the Law of the City of Moscow "On social support for families with children in the city of Moscow" quite clearly indicates that the benefit applies only to children studying full-time.

- Do the children studying in the family have anything to do with school then?

They have, but not as students - the educational process as such does not concern the school at all - but as external students undergoing certification.

This seems quite obvious. In accordance with Art. 17 h. 1 p. 2 of the new law "On education in the Russian Federation" education in the form of family education is obtained outside the educational organization. However, h. 3 of the same Art. 17 clearly states that children studying in the form of family education have the right to further undergo intermediate and state final certification in organizations carrying out educational activities (for simplicity, let's say "in schools", although this is inaccurate).

Art. 34 part 3 of the law indicates that such certification is passed by an external student, and children who receive an education of the corresponding level for the first time pass it free of charge.

It is necessary to pay attention to the fact that Art. 33 part 1, paragraph 9 of the law very clearly indicates that external people - i.e. “Persons enrolled in an organization carrying out educational activities in accordance with state accredited educational programs for passing intermediate and state final certification” - refer to the number of students in an educational organization. But they are not “learners” in the educational organization — they are another kind of “learners”.

This status - an external student - suggests that the child's educational process itself has no relation to the school and is not directed or controlled by it - it only carries out intermediate and final attestations.

- Do such children belong to the school contingent?

It depends on what is meant by that word. In the law "On Education in the Russian Federation" the word "contingent" occurs only once in general - in Art. 97 part 3, dedicated to monitoring the education system. At the same time, the definition of the term is not given, but it is used in the phrase - "the contingent of students." Since children receiving family education and passing external certification in schools are external students - and this, according to Art. 33 h. 1 p. 9 of the law is a kind of students, then they obviously refer to the "contingent of students." But at the same time, they cannot refer to the "contingent of students" - since students are only one of the types of students provided for by law. At the same time, as pupils-"family members" children do not belong to the contingent of students, but as external students who pass attestation they do.

- Parents report that schools require them to write an application for the exclusion of their children from school if they are in family education ...

This is an illegal and unreasonable demand. What does the exception have to do with it? If a child is studying in the form of family education, he is not a student of the school anyway, but remains its external student, passing attestation there.

Therefore, it is not necessary to write such statements, they are not based on the law. It is necessary in the application to indicate to the school that you have chosen family education for the child and ask to enroll him for passing the intermediate and state final certification as an external student. After that, the school must enroll the child as an external student, and in this capacity include him in the contingent of students (but not students). If a child previously studied at this school on a full-time basis, then he ceases to be its student, but remains its student - an external student.

The requirement to write a statement of exception is illegal and not based on the law. It should simply be ignored by refusing to write such a statement.

It is necessary to write that in accordance with Art. 17 h. 1 p. 2, art. 44 h. 3. p. 2, art. 63 part 2 of the Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation" You have chosen education in the form of family education for your child. In accordance with Art. 17 h. 3, art. 34 h. 3, art. 33 part 1, clause 9 of this law, ask to enroll your child in school as an external student to undergo intermediate and state final certification.

After that, the school must enroll the child in the contingent of students as an external student and organize intermediate certification. If the school cannot do this, since its charter does not provide for such a form of work (this must be checked, the charter in each school is available for review by law and is usually published on the school's website), you must receive a written refusal for the application and contact the appropriate local authority. management of education with a statement, asking for assistance in enrolling in a school for external certification, attaching a copy of the refusal to it.

It should be remembered that, according to the new law, when choosing a family education, you are obliged to notify in writing (in free form) the local government body of the municipal district or city district (district or district education department). This should be done by all those who have previously taught the child in the family form (teaching the child in absentia using remote technologies of such notification does not require). I will note that it is the educational authorities of municipal districts and urban districts, in accordance with the law (Art. 63, part 5), that keep records of children who are subject to general education, and the forms of education chosen for them by their parents - not schools.

- Do parents always choose the form of education under the new law?

There is some ambiguity in the law.

In accordance with Art. 63 h. 4 form is always chosen by parents, taking into account the opinion of the child. And in accordance with Art. 44 h. 3 p. 1 - the right to choose the form is exercised by the parents only until the child completes the basic general education (i.e. before the completion of education in the 9th grade), and then, in accordance with Art. 34 h. 1 p. 1 - the choice of the form becomes the right of the child himself. Moreover, in accordance with Art. 44 part 3 p. 2 to provide education at all three levels in the family is the right of the parents.

With such ambiguity, it should be assumed that before the completion of basic general education (until the end of grade 9), the form of education is chosen by the parents (taking into account the child's opinion), and in the senior grades, the decision should be made by the child and the parents jointly. Only this approach allows you to comply with all the requirements of the law.

- Is it true that family education is now impossible at the senior level of "school education"? Schools claim that only self-education is possible at the senior level.

This statement is erroneous and not based on the law. The law is absolutely clear that family education can be used at any level of general education (Article 44, Part 3, Section 2, Article 63, Part 2 of the new law). Thus, outside of school, at the two lower levels, education is obtained only in the form of family education, and at the senior level, one can choose to use family education or self-education (theoretically, a combination of both is possible).

- Should children receiving family education be provided with free textbooks.

The issue of providing textbooks is regulated by Art. 35 of the new law "On Education in the Russian Federation". Part 1 of this article states:

“Students who master basic educational programs at the expense of budgetary allocations from the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets within the limits of federal state educational standards, educational standards, organizations carrying out educational activities are provided free of charge for use during their education, textbooks and teaching aids, as well as teaching materials, teaching and education means ”.

How this provision applies to family education is not entirely clear. However, from Art. 34 part 1 of the law implies that it is the development of educational programs that is accompanied by intermediate attestations. Passing certification, in my opinion, within the framework of the current legislation, should be considered as an organic part of obtaining education and mastering educational programs.

This is obvious, in particular, from the fact that the definition of the educational program given in Art. Clause 2 of clause 9 of the law considers the forms of certification and the curriculum as its organic parts. And Art. 2 p. 22 defines the curriculum, referring to it the forms of intermediate attestation of students. In other words, intermediate certification is an organic part of the curriculum and educational program. Thus, the passing of attestations refers to the development of an educational program. Such mastering can be presented as a combination of education itself (in a family form) and passing certification (for example, at school).

Since attestations are carried out in state and municipal schools precisely at the expense of the budget, then the right to provide textbooks should also apply to family students who pass attestations at school as an external student.

Here it is appropriate to apply the analogy of the law, which will lead us to the same conclusions.

I am afraid that it is difficult to answer this question in more detail without additional explanations and methodological recommendations from the Federal Ministry of Education.

A lot of questions come from Moscow parents. In addition to those already answered, parents are concerned about the problem of compensation. Have Moscow compensations survived in the new situation?

Yes, absolutely. Payment of compensation to parents in family education in Moscow is established by the law of Art. 6 clause 3.1 of the Law of the city of Moscow dated 20.06.2001 No. 25 (as amended on 04.07.2012). This law has not been canceled, and it continues to operate in the part that does not contradict the new federal law "On Education in the Russian Federation." The payment of compensation remains, according to the new legislation, the law of the regions. Accordingly, there is no contradiction and the norm remains in effect.

The same applies to Moscow by-laws, in particular, the Decree of the Government of Moscow No. 827-PP of September 25, 2007 "On the organization of the activities of state educational institutions of the city of Moscow, implementing general education programs, in various forms of education."

All these norms, according to the general legal rule, continue to operate in the part in which they do not contradict the new law, until they are directly abolished.

In practice, this means, in particular, that the legal norms governing family education remain valid. Also, the meaning and norms (federal and Moscow) on the certification of external students remain valid - in the part concerning the organization and procedure of attestation (but not in the part describing the external study as a special form of training - it is no longer there).

I repeat - all these norms are valid until they are canceled, if they do not contradict the new law. But we must pay attention to this "right up". In particular, in Moscow, as in other regions, they planned to adopt a new regional law on education, where the norms may change.

The task of the parents at this stage is to preserve the norms on the payment of compensation in the new law of the city of Moscow. This is what I would direct my efforts to. That being said, it is worth paying attention to what many parents ignore. From a strictly legal point of view, today the decision to pay compensation is the right of the region. I emphasize that it is the right, that is, no federal law obliges the regions to do this. Nominally, the region has the right to cancel the compensation.

- And how to act?

There are only two ways. One is to demonstrate convincingly to city legislatures that compensation must be preserved as a pre-existing guarantee, that it is necessary for families, that it is required by justice and the interests of children. Perhaps, try to include their representatives in the process of finalizing the draft of a new regional law.

The second is to achieve a change in federal legislation, returning to it the norm on compensation for family education, which was in force until 2004. Our organization has made tremendous efforts for this over the past three years; this work continues and needs support.

It is worth moving in each of these directions.

- Many school principals say that the compensation was related to the inclusion of children in the contingent of schools, and now they will not be.

Such allegations are not based on applicable law. The Moscow law is clear - and so far no one has canceled it. He in no way connects compensation with the inclusion of children in the contingent of students (or even students) in schools. Moreover, he never envisaged classifying the "family members" as school students. He says (Art. 6, clause 4 of the Law of the City of Moscow "On the development of education in the city of Moscow") only that the student "family member" is assigned to the school for passing the certification. Those. inclusion or non-inclusion in any contingent has nothing to do with it.

Another thing is that the current law stipulates that for some reason a “family member” can be assigned for certification only for a state educational institution. This is a categorically wrong norm. The parents of the family member should have the right to choose a non-state school for certification. Such restriction of choice directly contradicts federal legislation - in particular, the already mentioned Art. 44 h. 3 p. 1 of the new law "On education in the Russian Federation", as well as art. 63 p. 2 of the Family Code of the Russian Federation. Moreover, it directly contradicts the norms of international law, which have a direct effect in Russia - in particular, Art. 13 (3) of the International Covenant on Economic, Social and Cultural Rights, guaranteeing the right of parents to choose not only state, but also non-state schools for their children. It is not clear why parents of children receiving family education in Moscow are discriminated against in exercising this right. This needs to be changed.

- Some directors, refusing compensation, refer toguidelines Of the Moscow Department of Education (letter dated 13.09.2013 No. 01-08-2538/3)…

These recommendations are not a normative act and, in any case, cannot be put above the specific norms of the law. But the recommendations do not say a word about compensation or the fact that they now do not need to be paid. This is fiction.

- What can you say about this document as a whole.

A significant part of it simply repeats the norms of the new law "On Education in the Russian Federation". But there is also a strange "initiative".

In particular, clause 9 of the recommendations, which requires parents to write to the school a statement on the exclusion of the child from the organization's contingent (it is not clear from the text, meaning the contingent of students or students) is extremely strange. Such a requirement, as I said above, is not based on the law and does not follow from anything. In the contingent of students, the child-"family member" and so should not be listed, and in the contingent of students, on the contrary, passing attestation as an external student, should be included.

Nothing is said in the recommendations that such children should be enrolled in school as external students - and this need directly follows from the above-mentioned norms of the new federal law on education. In general, nothing is said about the fact that such certification is passed by an external student. It is strange that this very word - "external" - dropped out of the text of the recommendations in those places where it practically literally reproduces the norms of the federal law that include this term.

In fact, based on the norms of federal law, a school, having received an application from parents about the choice of family education and the organization of intermediate certification for a child, is obliged to include him in the contingent of school students as an external student (or change his status in the contingent from “student” to “external student”, if he previously studied at school full-time) and arrange for him intermediate attestations as an external student free of charge.

In the coming weeks, IOO "For Family Rights" will prepare and publish basic samples of statements and notifications for parents using family education.

Today in Russia there are about one hundred thousand children studying at home. Parents choose this form of education for various reasons. They have the right to do so and is guaranteed by law. But this raises a lot of problems.

Among those who are switching to family education, there are "special" children. The school is not always ready to work with them. Photo: Alexander Ryumin / TASS

Thus, the Ministry of Education of the Omsk Region has introduced amendments to the law to the Legislative Assembly of the region, which abolishes the payment of compensation for family education. Homeschooling parents will not receive a dime. Officials claim that home lessons are not regulated by the regulatory framework, and in every way they try to dissuade those who want to teach children outside the school walls.

Residents of Priirtyshye began to receive the first compensation for home lessons in 2013 thanks to Irina Glazkova from Omsk, who turned to Rossiyskaya Gazeta for help. After the publication of the material, the prosecutor's office became interested in the problems of the "family members" from Priirtyshie. The employees of the mayor's office were obliged to develop a municipal normative legal act regulating the procedure for obtaining education in a family and to determine the amount of payments. After all, according to the law, any work must be paid. Including the parent. The standard of annual financial costs per one middle school student in the region is 117,242 rubles. "Family members", after the child successfully passes the exams, began to pay from 7,816 rubles to 11,724 rubles a month.

This money has become a good help for us, - says Irina Glazkova. - After all, we equip "home classes" at our own expense. And you need to buy a lot. Starting from specialized literature, maps and encyclopedias and ending with very expensive equipment for laboratory experiments in physics and chemistry.

Irina's son is finishing 11th grade at home this year. Dima stopped going to school after the sixth grade. The boy's teachers were replaced by his mother, who is herself a certified teacher, and the class team is his fellow musicians and a ship modeling circle. The "home" child plays the piano, goes in for sports, actively participates in Olympiads and designs ships. He successfully passes the certification and prepares to enter the university.

We made a choice in favor of family education, not because the child often caught cold or had conflicts with teachers, - says the mother. - It's just that Dima is a creative child, he is fond of music, he has a slightly different mindset, and this often caused ridicule among his classmates. In addition, I started attending classes and became convinced that in many classes, time is really wasted. My son's potential is dying. Parents hire tutors for their children, enroll them in courses and additional classes. As a result, the children have neither time nor energy for their favorite hobby and even for just taking a walk.

Several hundred Omsk residents followed Glazkova's example. For three years the number of "family members" in Omsk has grown from 7 to 407!

For many families, studying outside of school has become a way out of this or that situation, - says Marina Karabaeva, a mother with many children. - Children are different, not everyone can successfully assimilate knowledge in a team. Someone is often sick, someone does not get along with their peers, someone simply cannot adapt.

However, as it turned out, family education burdens the regional treasury. Complaining about the meager budget, officials decided to return the money and children back to schools.

The family form of education has not only advantages, but also obvious difficulties that children face. One of them is socialization and the development of communication skills, which is possible only in a team, - said the representative of the Ministry of Education of the Omsk region Ilya Krylich. - But the main problem is that a parent, who often does not know pedagogical technologies and methods of teaching various subjects, the basics of pedagogical science, cannot guarantee that the child will master programs in accordance with state educational standards.

The parents will equip the "home class" at their own expense. And you need to buy a lot

The "family members" have the opposite point of view. They argue that the growth of family education supporters is a litmus test that reflects the real state of affairs in Omsk schools.

Officials should study the problem and tackle the quality of education and upbringing, and not destroy the alternative offered by the law, Omsk residents say. - We understand that the regional budget is experiencing problems. But why did you decide to save on children in the first place?

Competently

The official letter of the Ministry of Education and Science "On the organization of education in the family form", which is sent to all regions, says: "According to the Constitution, free and public education is guaranteed only to those children who study in educational institutions - state or municipal." Parents, picking up a child from school, must take care of the funds for education themselves. At the same time, "the founder can determine the standard costs for the provision of services ... in the form of family education, covering the costs of certification, the purchase of textbooks, teaching aids and teaching materials, periodicals, publishing and printing services, services of access to electronic publications directly related to the implementation of the program ... ". If the students want to come to a regular school for some lessons, please. The costs of providing this service will be covered by the budget. Pupils who are in family education have the right to participate in all creative competitions, olympiads in the attached school. At the same time, the school where such a student takes the Unified State Exam or the State Examination Agency does not bear any responsibility for the quality of his education. But if the student received a deuce, the test will have to be retaken. If for some reason he could not pass the certification again, he must go to study at a regular school.