Violations in kindergartens. Monetary levies. (Start). Are levies for household needs in kindergarten legal?

20.07.2019

The Constitution of Russia guarantees the receipt of preschool and general education free of charge. However, few of the parents of preschool children and pupils have not faced the problem of all kinds of collecting money from them in these educational institutions.

What is allowed to collect money at school

The federal law of December 29, 2012 clearly defines the cases when collecting money from parents is permissible and when it is not.

What you can not donate money for

Educational institutions are prohibited from requiring payment of fees by parents for:

implementation of the child's education program;
supervision and care of children in the extended day group of the institution where there is a boarding school for living;
expenses for the maintenance of real estate of educational organizations.

Attention! An educational institution is not entitled to demand money for textbooks, cleaning and repairing premises, buying a new table, cabinet or chair and other needs. Also, on a legal basis, you can not donate money for gifts to teachers, decoration of the school assembly hall, payment to the security guard.

Do you need on this issue? and our lawyers will contact you shortly.

Allowable contributions

At the same time, it is legally allowed for an educational organization to establish a certain fee for:

Keeping a child in an institution where there is a boarding school, while it includes providing students with clothing, shoes, personal hygiene items, household equipment and food;
Daycare and supervision of children in the extended day group;
Additional educational services not included in the compulsory program.

In the latter case, the specific type of activity for which the parental payment is provided is provided for by the charter of the educational institution. Attendance at this type of activity is voluntary. The choice is made by children and their parents.

Attention! It is impossible to force a child to attend additional classes that are not included in the main educational program, and his legal representatives - to pay for this.

Where to complain about illegal extortions at school

If periodic extortions that have no legal basis have become the norm at school, you need to know where you can complain about it. Not every parent will be able to endlessly donate money for textbooks, cleaning fees, security guards, replacement of windows, chairs, desks, floor coverings and so on, ad infinitum.

And if there are two or more children in a family? Then this situation becomes more than just a problem.

Sometimes such fees are disguised as charity. Parents are asked to sign an agreement and "voluntarily" contribute a certain amount for the needs of the class or school. When such "charity" enters the system and becomes endless, it is also necessary to complain and defend their rights and the interests of children.

In stages, a complaint can be filed with the following authorities (if it all started with levies in the classroom, for example, the class teacher or teacher demands to hand over money for something illegally):

immediate supervisor (director of an educational institution);
department (Office, Department) of education of the settlement;
Rospotrebnadzor;
the prosecutor's office.

Sample complaint to the prosecutor's office:

Advice! In the latter case, the applicant may ask not to indicate his data during the verification in order to protect his child from negative consequences from the school.

In case of obvious extortion of money, it is also possible to contact the police.

You can also file a complaint by calling the hotline of the Public Chamber of the Russian Federation 8 800 737 77 66. It is possible to leave an appeal in electronic form on the official website of the Ministry of Education of the Russian Federation.

When submitting a written complaint, you must put an incoming stamp on its acceptance on your copy. The standard term for consideration of an application is 30 days.

A responsibility

There is criminal responsibility for illegal fundraising at school, if it is practically extorted from parents. The sanctions are stipulated by the article of the Criminal Code of the Russian Federation. In this case, you must apply to the law enforcement agencies (police department at the location of the school) with an appropriate application.

Upon confirmation of the data set forth in the appeal and in the presence of appropriate evidence, a criminal case will be initiated against the guilty person. They will conduct investigative actions and send them to court. The latter will issue a verdict (acquittal or conviction).

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Kindergarten fee

A certain fee is provided for. It includes expenses for the maintenance of children, including food, repairs, toys. But the cost of kindergarten is not always limited to the official fee.

Contributions

It has become a common practice of collecting money in kindergartens to establish contributions on a “voluntary” basis. The procedure is similar to schools: parents are asked to sign a charity agreement:

Voluntary. However, charity assumes the voluntary contribution of the amount. And in the amount that is feasible for a particular parent. If they demand to bring a specific amount, then there can be no talk of voluntariness. Collecting money in this case is illegal;
Illegal. A preschool institution or parental (guardian) council cannot demand money from parents for repairs, the purchase of a new cabinet, tables, chairs, toys, replacement of windows, floor coverings, carpets, payment of security services and other things. Kindergarten may offer additional educational services that are not included in the compulsory program. For example, any circles. In this case, the parents themselves can choose whether their children will attend such classes. Information about the cost of additional services should be posted in the kindergarten itself, as well as on its website. The institution has no right to force parents to pay for them.

You need to enroll a child in kindergarten even before he is born. This is not a joke - but for many it is already a sad reality. In large Russian cities, parents often cannot place their baby in a day nursery that is convenient for them. There are simply no places.

And, unfortunately, taking advantage of the hopelessness of the situation, kindergarten staff sometimes go to abuse - extort money. And the teachers of one of the kindergartens in Ulyanovsk went even further - they came up with a real labor service for dads and mothers. Now the prosecutor's office is interested in this case.

Report by Viktor Averin.

Employees of the prosecutor's office are now the most frequent, but not the most welcome guests in kindergartens in the Ulyanovsk region. Prosecutors began to visit kindergartens after it became clear that preschool institutions in the region had shifted many of their economic problems onto parental shoulders. Dads and mothers were obliged not only to make voluntary-compulsory contributions, but also, at the request of the administration of the kindergarten, to go to subbotniks, to improve the territory, in a word, to perform any unskilled work. And all this was, supposedly, legally written in the charter of preschool institutions.

Vasily Zima, senior assistant to the prosecutor of the Ulyanovsk region: "Parents, in accordance with the norms of these statutes, had to - remove snow, unload vegetables, and, accordingly, perform other types of work, which, in the opinion of local government officials, for some reason, in an additional, as it were, form, should have been assigned to them. Which is, of course, a gross violation of the rights of the parents of these children. "

By law, all kids have the right to attend kindergartens free of charge. But Valery and Elena pay for their daughter. The girl is still a year old to go to kindergarten and therefore family members hide their faces. They do not want the child to have problems. Parents have problems - they calculated and it turned out that they spend 14 thousand rubles on kindergarten a year. This is expensive for the family budget.

Preschool education officials object - kindergartens cannot survive without the help of their parents. Rubles of dads and moms no one shoves into their pockets, they go to a good cause. And if they do not go, then this is also the concern of the parents. They themselves must keep track of how their contributions are spent.

Galina Edvars, head of the education department in the Ulyanovsk region: "I think that parents are never outraged if they invest certain funds in the development of their preschool educational institution, in creating conditions for children - but this is in plain sight."

Galina Edvars is not only the head of the education department, but also a grandmother. She takes her grandchildren to this kindergarten. It is considered the best in the area. There is a swimming pool, solarium and sauna for children, all rooms are freshly renovated. Such a kindergarten is every parent's dream.

All these benefits are bought with parental money. And only the heads of the leading enterprises and firms of the city, and high-ranking officials can ensure the stay of a child here. Tatyana Konstantinovna does not belong to any of these groups and therefore does not take her granddaughter to the kindergarten, but to the courtyard of her house - for a walk. She spends a week with Alice, the next week - the second grandmother. It is troublesome, but not as expensive as sending a baby to kindergarten.

Tatyana Vasilyeva: "We were very clearly announced the amount - a gift or what to call it - 10 thousand. We simply cannot afford such an amount. We would rather spend 10 thousand now on a child with another grandmother, rather than give, in general, into the unclean hands of grabbers from education. "

The prosecutor's office declared all extortions in the kindergartens of the Ulyanovsk region outlawed. But it’s hard for dads and mothers to believe that they will be done away with.

Before you have time to send your child to kindergarten, you have to lay out a tidy sum: for curtains, notebooks, gifts for educators, and sometimes even for an additional meal for kids. Are we obligated to donate money and what services are financed from the budget?

Household goods

Toilet paper, detergents, garbage bags, soap, washing powder - in accordance with the Decree "On regulatory financing of the activities of preschool educational institutions" dated 12/30/13 with notes dated 02/08/16, all household chemicals are already included in the parental fee for kindergarten. Do you hand over money for household goods separately? You rent them twice!

Stationery

Pencils, plasticine and even colored paper - all stationery has already been paid for ... by the state. They are included in the standards for financing from the budget. Don't believe me? Read the law "On Education in the Russian Federation" of 2014 or the Resolution of the Cabinet of Ministers of the Republic of Tatarstan of 12/18/07.

Benefits

Textbooks for preschool children, fascinating manuals - almost every kindergarten donates funds for this. However, workbooks and other literature included in educational standards are teaching aids and money is allocated from the budget for this. "Law on Education", Article No. 8.

An exception is the situation when parents decide that the benefits included in the educational standard are not enough to educate their children. In this case, they can donate money for other literature or contact the head of the kindergarten (the administration of the kindergarten must resolve such issues).

Toys

Local authorities are obliged to provide kindergartens. For this, funds are allocated from the regional budget. This is confirmed by the same "Law on Education", article No. 8.

Security

Of course, it is much calmer when you know that the child is guarded by a qualified specialist. But to provide pupils with safety conditions is the task of a preschool institution. According to the order of the Ministry of Health and Social Development, the preschool educational institution must have a duty officer. And if the management of the kindergarten cannot pay for the protection itself, then it violates the law (Article 28 of the "Law on Education in the Russian Federation").

Exception: in fact, the kindergarten often does not have enough budgetary funds to keep its guard, and the management of the preschool educational institution turns to the security company for help. In this case, consent may be required from the parents, but not money.

Repair

But the local authorities are obliged to repair the group, fix the leaking toilet and even change the curtains, or rather, they must allocate funds for this. In the municipal area there are also expenses for building maintenance and utilities. You can read about this in the Letter of the Ministry of Education and Science of the Russian Federation No. 08-1408 dated 01.10.13.

Additional educational services

Paid services in kindergartens are now fashionable, because this is how preschool institutions make money. Fashionable but optional. If you do not have a desire to send your child to singing, choreography or to the sports section, you may not do this, but simply attend a kindergarten group.

Exception: if you yourself want it. In this case, payment must be made under an agreement, with a payment document, and to the bank account of the institution, and not of a specific person. After the conclusion of the contract, the kindergarten has no right to increase the cost of the lesson.

Food

In some kindergartens, teachers complain about not enough large portions, long breaks between feedings, as a result of which, in their opinion, children go hungry. In this regard, there may be an offer to donate additional funds. This is a gross violation of the law, and also a danger: food that is not included in the kindergarten menu is not approved by specialists and has not been tested for quality.

Exceptions are groups for short-term stays without meals. In this case, with the permission of the caregivers, it is better to give the child a non-perishable snack (for example, nuts, a granola bar or an apple) with you.

Voluntary contribution

If the educators demand a certain amount from you, and even ask you to confirm the payment with a payment document, this is a gross violation of the law (Federal Law No. 135 "On Charitable Activities and Charitable Organizations"). The voluntary contribution must be affordable, non-cash and pressure-free. And you can safely refuse it if you see fit. Even if he is going when the child enrolls in the kindergarten. And also, by making a voluntary contribution, you have the right to demand from the head of the garden a report on the expenditure of these funds.

, parental committee, extortions in schools, parental rights in kindergarten, premium in kindergarten, renovation in kindergarten

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Lawyers Answers (2)

Lawyer, Perm

Chat

7.8 rating

In practice, situations are quite common when the kindergarten staff “informally” informs the parents that they need to donate money for the maintenance or repair of the kindergarten. Parents who are unable or unwilling to donate money are censured by both staff and other parents. Such "extortions" are illegal. Municipal preschool institutions are financed from the municipal budget, from which all kindergarten expenses, both current and capital, must be provided. In practice, municipal authorities often “underperform” funding for kindergartens, forcing staff to “extort” money from parents. Therefore, claims for insufficient financing of the kindergarten must be presented to the municipal authorities in the person of the Department of Education; there should also be reported about the facts of extortion of money from the kindergarten staff. However, parents have the right to provide voluntary sponsorship (for example, to equip a playroom). The Federal Law "On Charitable Aid and Charitable Organizations" provides only for voluntary donations for any purpose. It is possible to organize Boards of Trustees, provided for by the Decree of the President of the Russian Federation of August 31, 19991134 "On additional measures to support educational institutions in the Russian Federation." Such a council must have a charter, its goals and objectives. The organization can write letters to enterprises asking for help, collect funds.

At a preschool institution, on the initiative of parents, a parent committee may be created to deal with financial issues. And in order to transfer money to a preschool institution or school, in any case, there must be a current account of the educational institution, where the parents must transfer the amounts that they voluntarily want to donate to it. And the translation of "From hand to hand" is illegal! The same issue is with the kindergarten security, you can pay, but you are not obliged to do this.

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Since the beginning of September, the editorial office of Meshcherka has received an especially large number of letters and calls from readers with the same problem: extortions in kindergartens. The trouble, in general, is not new. However, the majority of parents, even if they are outraged by the rip-off, they do it quietly ... And in the end they still give money - either for urgent repairs in the hall, or for the installation of new windows or batteries, or for the purchase of toys. And yet, sooner or later, the next demand to replenish the kindergarten's piggy bank becomes the last straw, as, for example, for the authors of these letters.

Hotline phone

You can complain about extortions in kindergarten or school by calling 25-25-38.

"Why is grandfather better than an intercom?"

“In our garden, parents pay 170 rubles a month for security. I figured that about 50 thousand rubles were collected in this way. For this money, two security guards work on the territory of our kindergarten. These are already quite elderly peasants who, at any time of the day, and especially in the evening, when the garden gates are open, sit in the gazebos and chat with the teachers. When the parents came up with the initiative to install the intercom, the manager said that it was necessary to collect money separately for this. But I once talked to a kindergarten guard, and he said that he only received 15 thousand. It turns out that another 18 thousand rubles remain! And so every month! Do we have the right to demand a report on where the funds collected for the protection of the kindergarten are spent? And in general, are parents obliged to pay for the security of an educational institution? "
Natalia, Ryazan (call to the editor)
The lawyer of the Bar Association No. 15 of the city of Ryazan answers Dmitry PILIPENKO:
- The fact is that the management of the kindergarten concludes a service contract not with a specific security guard - an individual, but with a security company, that is, a legal entity. That is, in addition to salaries, money goes to the uniform of employees, paperwork. Another issue is that the amount of parental contributions for the protection of the garden should be determined by the parent committee. And it is within the competence of the parent committee to initiate the installation of an intercom in the garden, because, as experience shows, an intercom is good, and a guard is better.

"Nobody except us"
“After every parent-teacher meeting in kindergarten, I get the impression that our kindergartens are not funded from the city budget at all. All hope is only for us, parents. So, at the last meeting, we were told to buy soap accessories, napkins, toilet paper, and donate money to kindergarten to replace batteries. But that's not all! Educators asked to pay for the purchase of new toys for children and new Christmas costumes for educators, because the existing toys and costumes were outdated. Are parents obliged to give money for this, and why does the budget of kindergartens not include an item of expenditure for these needs? "
Tatiana Andreevna, Ryazan

Yulia ROMASHKINA:

- In accordance with the requirements of Art. 28 of the Federal Law of 28.12.2012 No. 273-FZ "On Education in the Russian Federation", issues of material and technical support of educational activities, equipment of premises in accordance with state and local norms and requirements, including in accordance with federal state educational standards, include to the competence of educational organizations. In addition, in accordance with the provisions of this article, the educational organization creates conditions that guarantee the protection and strengthening of the health of students, pupils.
In this regard, fees for the security of the institution, the purchase of cleaning equipment, personal hygiene products, the installation of heating batteries, toys, etc. can only be carried out on a voluntary basis. The collection of these funds can also be carried out by decision of the parent committee created in the institution.
Parents can also request a statement of the expenditure of funds from the kindergarten management.
In any case, the parent has the right to demand clarifications from the kindergarten management on all questions arising from him related to the child's stay in the educational organization.

"Pay for the tools"
“Both my sons go to the same kindergarten. One - in the senior group, the other - in the middle. The children ended up not in ordinary groups, but in specialized ones: one in speech therapy, the other in orthopedic. At the parent meeting, we were told that each parent whose child will work with a specialist must hand over 400-500 rubles due to the fact that the classrooms are not equipped for classes at all, and these very specialists do not have the tools necessary for classes and massage. The money, of course, is not the greatest, all the more it concerns the health of children, but I have already thrown off for repairs in the garden, and bought furniture for the youngest child in the group ... And I pay a thousand to the fund of the garden every year. If the institution is licensed to provide speech therapist and orthopedic services, why doesn't it have the necessary instruments? "
Valeria, Ryazan (letter to the editor)
First Minister of Education of the Ryazan Region answers the question Olga SHCHETINKINA:
- In accordance with the Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation", financial support of state guarantees for the implementation of the rights to receive public and free preschool education in municipal educational organizations is carried out at the expense of the budget of the Ryazan region by providing subventions to local budgets ... The standard of financial support for the implementation of the Program includes the costs associated with additional professional education of teaching staff in the profile of their teaching activities.
The costs of organizing the provision of preschool education in municipal educational organizations (including in terms of the costs of maintaining buildings and purchasing utilities) are attributed to municipal authorities and are funded by local budgets.
At the same time, in accordance with Federal Law No. 135-FZ of 11.08.1995 "On Charitable Activities and Charitable Organizations", educational organizations have the right to raise funds through voluntary donations from individuals and (or) legal entities. Parents' contribution for repairs and other purposes is a right, not an obligation of citizens, and is exclusively voluntary.

"The circus comes - we cry"

“My child goes to one of the kindergartens in Ryazan, middle group. Starting with the younger group, we regularly pay parental fees, pay for water, security, and give money for repairs. In addition, money is constantly collected from parents - from 150 to 200 rubles - for a child to visit the so-called "circus", "planetarium", "theater" - this is when clowns, artists and so on come to the group and arrange a performance for the children. What exactly these people are doing, how long the show lasts - I don't know. The daughter could not clearly explain. She only said that the clown was blowing bubbles - and that was all. I take her to circuses, theaters and zoos even without a kindergarten. In addition, I have two more children. And to lay out every two weeks, or even more often, 200 rubles on top of the money that we regularly pay for the garden is too expensive for me. Once she refused to pay. As a result, the daughter was left to sit alone in the office with the nanny. Of course, the child burst into tears. It became a real stress for her. The next time I had to give the money. I spoke with my parents - many are against such representations. We have twin girls in the group, so parents are already going crazy from these extortions! They, too, once did not pay for the so-called circus. They offered to pay half - they were refused. The educators themselves later said that when all the children were taken to watch the performance, these twins sobbed - they could not understand why they were not taken along with others. "So what to do? - so, according to the mother of these girls, the teacher answered. "You didn't pay - we weren't allowed to take them to the circus." Well, okay for me - to pay 200 rubles ... And they get 400 for the fact that some clown blows bubbles for 15 minutes! Does the kindergarten management have the right to arrange such events during the stay of children in kindergarten? And why are children whose parents could not pay for the child's unscheduled entertainment are subjected to such humiliation? "
Olga Sergeevna, Ryazan (letter to the editor)

The assistant to the regional prosecutor for supervision over the implementation of juvenile laws answers the question, counselor of justice Yulia ROMASHKINA:

- There is no legal basis for the prohibition of events with the participation of circus and theater artists in the legislation. At the same time, in any case, when involving outsiders, the kindergarten administration must obtain the consent of the parents (legal representatives) of the children.
At the same time, in our opinion, the implementation of these activities, which are not related to the implementation of the educational process, may endanger the safety of pupils.
Firstly, these representations imply the participation in them of unauthorized persons who are not the staff of the preschool institution, respectively, who have not passed a medical examination, which contradicts the requirements of sanitary rules and norms for the design, content and organization of the mode of operation of preschool educational organizations.
Secondly, the holding of events does not exclude the participation of so-called persons who have previously committed crimes or are inclined to commit such.
In this regard, the safety of children entirely depends on the management of the kindergarten, which makes a decision to hold such events.
It should be noted that parents have the right to protect the legal rights and interests of their children. The law on education establishes that in order to protect their rights, parents (legal representatives) of minor students, to whom pupils of preschool educational organizations are also classified, have the right, independently or through their representatives, to petition the governing bodies of organizations carrying out educational activities to conduct with the participation of representatives students, parents (legal representatives) of underage students of disciplinary investigation of the activities of employees of these organizations, violating and (or) infringing on their rights. Disciplinary investigations, in appropriate cases, are also provided for by the Federal Law of July 24, 1998 No. 124-FZ "On the Basic Guarantees of the Rights of the Child in the Russian Federation."

This question was also answered by the chairman of the Ryazan Unified Consumer Rights Protection Association. Oleg POPOV:
- This is the imposition of services, which, in principle, is unacceptable! All educational services must be spelled out in the contract, which must comply with the form of the Rules for the provision of educational services. That is, such services should be provided only with your written consent. Otherwise, they are illegal. In addition, such frequent matinees and performances can adversely affect the child's psyche.