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

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

First steps to place a child in kindergarten

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

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

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

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

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

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

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

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

What to do if the child was not taken

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

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

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

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

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

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

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

There are no kindergarten places. Where to contact?

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

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

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

In the Russian Federation, each parent can decide for himself whether to vaccinate a child or not. But, going to kindergarten, families may run into trouble - the baby simply will not be accepted into a kindergarten.

Let's figure out how legal it is not to vaccinate a child, and how to defend your rights to enroll in kindergarten without vaccinations.

When is a child not vaccinated for medical reasons?

Parents' refusal to vaccinate their child may not be a simple desire, but a desperate and extreme measure.

For medical reasons, the pediatrician and the parent can decide whether the child needs a vaccination, and whether the baby will have a vaccine. side effects if the vaccine is still done.

Let's list what medical reasons and indications can be in order not to vaccinate a child:

1. Allergic reactions of the body.
2. Acute illness. It can be both a common cold and flu, a virus, etc.
3. Increased body temperature of the child.
4. Psychological stress.
5. Nervous excitability.
6. Deviation in the work of the nervous system.
7. Low weight, no weight gain.
8. Pressure.
9. Any changes in the child's life. These can be trips, moving.

Of course, any pediatrician will tell you that the main thing is an individual approach to the child.

If you doubt that your child will not tolerate the vaccine well, then it is better to refuse it or postpone it for a while. And there is nothing shameful in this, because you are not vaccinated for medical reasons.

In what cases is it legitimate to refuse to admit a child to a kindergarten without vaccinations?

Parents are fully responsible for their minor children, so it is up to them to decide whether to get vaccinated.

Failure to get vaccinated cannot be a reason for refusing to accept a child in a kindergarten. This is spelled out in the federal law under number 157 and the title "On immunization of infectious diseases", which was adopted on September 17, 1998, as amended in 2016.

According to article 5 of this law, a Russian citizen can refuse vaccination himself, or decide it for his minor child.

Employees of a kindergarten or any other organization providing educational services have no right not to accept unvaccinated children.

However, in the event of a mass infection, illness, flu or epidemic, they may refuse kindergarten to protect other children.

And, mind you - it can be either temporary or permanent.

Important: if you refuse to vaccinate, then you must definitely provide the pediatrician with a receipt or a statement about it (clause 3 of article 5 of the Federal Law No. 157).

You can also point to the "Fundamentals of the legislation of the Russian Federation on the protection of public health." The refusal of medical intervention is prescribed there.

If you are given any other reason when you enroll in kindergarten(for example, the absence of all marks in the child's medical record), you can safely point to this law and articles and defend their rights and their child's.

What to do and where to complain if the child is not admitted to the kindergarten without vaccinations - instructions on how to defend your rights

Let's figure out what should be the actions of parents in order to defend their rights and legitimate interests.

Follow these instructions:

Stage 1. Preparation of documents at the local clinic

To begin with, you must go to the hospital and say that you want to go with the child to the medical examination in the kindergarten. You will be told which doctors will be enough to visit.

In the office of "professional vaccinations" tell them you don’t want to give your child the vaccine and write a written refusal to the director of the facility.

If you do not want to enter the necessary information on your medical record(must indicate the refusal of medical intervention), it is worth seeking a personal conversation with the head or chief doctor of the hospital. Point out your rights and get his consent.

In case of unreasonable refusal you can request a written explanation from the manager.

As a rule, no one can force a parent to vaccinate a child. In practice, the dispute usually ends in favor of the parent.

Stage 2. Complaint to a medical facility

If, nevertheless, you received a negative answer and disagreement, then you can write a complaint statement in two instances: the Prosecutor's Office or the Health Department.

In the document, you can describe the whole situation in detail so that the representatives of the order do not have many questions.

Stage 3. Submission of documents to kindergarten

Having received all the documents from the hospital, you can safely contact the preschool institution.

Try to talk to health workers calmly, putting forward your requirements - to accept the child with such documents. Explain to them why you do not want to be vaccinated - maybe for good and serious reasons.

On the good, you should be given the opportunity to write a statement about the refusal of further vaccinations of the child.

In fact, things may not turn out like this. There are some veiled forms of refusal on the part of kindergarten workers.

We will list them and tell you how a parent should act in different situations:

1. The provider does not accept your application, health certificate, or child's medical record, and asks the parent to provide additional documents from doctors. Ask to write a statement addressed to the director of the child care institution. State the essence of the problem and list the laws why you should be admitted to kindergarten without vaccinations.
2. The head of the kindergarten says that your place is already taken. The parent must act without panic. First of all, call the district education department to the specialist who is engaged in queuing for preschool institutions. If you called him before passing the medical examination, you can safely say that the place was and remains with you by the decision of the commission dealing with the recruitment of children in preschool institutions. Ask for a written receipt from the manager that she cannot receive you, let her indicate the reason for the refusal.
3. The manager comes up with other reasons not to accept the child. For example, she may say that the baby has not yet approached in age, that there is no group suitable for him, or you do not live at the address of the kindergarten. Ask to issue also written refusal indicating the reasons. If the director deceives you, you will immediately understand this - he will not want to confirm his words in writing.

Remember, it is better to record all words on a dictaphone!

As a rule, after the appeal, the issue is decided in favor of the parent.

Stage 4. Complaint against commission employees or kindergarten employees

If you were ignored, you should apply with a written statement to the prosecutor's office, the administration of your area.

Explain everything in order:

1. When you found out that there was a place for you in the garden, from whom.
2. When they began to undergo a medical examination.
3. What documents have you received.
4. When they turned to children's institution what happened.
5. Why you were refused. Be sure to attach documents confirming the refusal. Audio recording will work as well.

The statement should be short and informative.

After contacting the staff of the administration or the prosecutor's office will contact you and try to help solve the problem.

The child was taken to kindergarten without vaccinations - what is the right way to refuse vaccinations in the kindergarten in the future?

Refusal to vaccinate in the nursery preschool must be fixed on paper.

The application can be written according to the established template - or in free form.

An example of a sample application is as follows:

You can draw up the document yourself, or ask for a ready-made form from a health worker at a clinic or kindergarten.

It is better to apply to kindergarten first. If they do not accept, then go to your pediatrician and ask to support you in this decision.

In order for the document to be accepted, it is worth adhering to these writing rules and providing for some points:

1. Enter information about yourself and your child in full, without abbreviations. The initials and address of residence must be registered completely and without errors.
2. List the vaccinations you do not want to get. It is better to ask the doctor what vaccinations are coming for children at a certain age, and write a refusal, for example, for 1 year.
3. Better to point out that your decision was deliberate.
4. The list of laws and articles may also affect the acceptance of your waiver by the nursery staff.
5. It is best to provide reasons why you chose not to vaccinate your child.

After submitting your application, no one has the right to violate your request., as it will be documented and confirmed by a doctor at the hospital.

The child care manager or health care provider must accept such a statement from you without any questions.

Potential consequences of refusal of vaccination for a child in the future - parents need to know this!

Knowing how to write a parental refusal to vaccinate you should be aware of the consequences in the future.

Moreover, this is all clearly explained in the law "On immunization of infectious diseases", Article 5, which includes the following points:

1. Future citizen of the Russian Federation will not be able to enter the country where the stay requires a specific preventive vaccination.
2. The consequence of refusal of vaccinations can be refusal to provide work where, when performed, a person may be at high risk of contracting infectious diseases. In such places of work, the presence of a document confirming all preventive vaccinations is required.
3. In the event of an epidemic or mass infection in reception special institutions will be denied.

What if the refusal is signed, but the child was still vaccinated?

Quite often it happens that, despite the written refusal, the vaccination is nevertheless done, and the parents do not know how to proceed.

You can't leave it unpunished, since, having a document, medical workers violated your rights and the rights of the child.

You need to do the following:

1. Stop giving vaccines, because they, as a rule, are entered several times, after a certain time. In case the doctor claims that the termination of the course may have consequences, you can not worry about this, it will not harm the child's health, since this is all convention and the doctors themselves know about it.
2. Write a complaint to the prosecutor's office, specifying all offenses. Thus, the necessary authorities will be aware of your problems and create troubles for those who, without the knowledge of their parents, received the vaccine.
09 September 2016

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

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

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

Firstly, you should know about your right to choose any educational institution and they can refuse you only if there are no vacancies, that is, if the classes are overcrowded. In the absence of this reason, the school must accept your child for education.

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

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

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

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Secondary education is compulsory, therefore, in the event of a refusal to admit a child to school, parents must strive to achieve the set goal, there are a lot of means for its implementation, as well as penalties for the school administration.

It's no secret that there is an unspoken rating of schools regarding the quality of education, the location of the school and its comfort and adaptability to educational process... For example, the presence of a swimming pool automatically makes a general education institution more prestigious. And if this fact is added to the presence of highly qualified teachers and a large presence of extracurricular activities, then it becomes very difficult to get into such a school. Sometimes it happens that the child is not taken to school, motivating this by the lack of places, but it is worth remembering that the situation with secondary education is fundamentally different from that of preschool. If attending kindergarten is not compulsory, then in the case when the child does not go to school, social services and even the prosecutor's office deal with the problem.

Parents need to clearly know the following fact - all schools in the country serve a certain microdistrict with a certain number of residential buildings. Any child living in the area assigned to the school has the right to attend this educational institution, even if there are free places. By law, the headmaster must revise the student rosters and suggest that students outside the designated area move to the local school, but it never comes to that. Usually the problem is easily solved in the following ways. The first option is to choose a parallel class for the child, where there are free seats, that is, desks. If there is no such class, the second method involves the transition of the whole class to a more spacious room. Sometimes it happens that students visit different classrooms, in which case it is appropriate to make sure that teachers come to the children, and not vice versa.

Difficulties can arise if the school for which the microdistrict is assigned is not general education, but specialized. But according to the law, there are no exceptions for such cases, because the division into microdistricts took place back in the days when all schools were general education. Regarding how children are admitted to school, there are two options - with a preliminary interview and without it. The interview can also be carried out in a general education school, without any specialization. The main purpose of the interview is to check the child's level of knowledge, to talk with him on general topics, there are no unsatisfactory results and cannot be. But if the school is specialized, then the rating is quite possible when admitting both first-graders and students who are transferring from other schools. An interview in specialized schools is held in the following subjects - profile, native and foreign languages, an interview with a psychologist. This applies only to students who study in secondary school, as for the younger one, they do not give any specialized knowledge in it, the bias is made on teaching the basics of reading, mathematics, and the study of the world around them.

If the principal claims that the denial of admission to school is based on reasons other than the lack of places in the school (for example, poor student performance in the previous school), then the only the right decision parents will contact the higher authorities who control the work of the school. The most correct procedure is to receive a written refusal from the school administration with an explanation of the reason in two copies, one is registered with the secretary, and the second is handed over. Further, with a written refusal, you should contact the district council of education. Usually this is enough to settle the conflict, but if for some reason the parents could not be helped here, then it is necessary to apply to the city council, and then to the prosecutor's office and courts. You should not take the school principal at his word, in a situation where he says that in August there will definitely be a place for a child. There are numerous cases when parents, encouraged by the words of the director, came to write an application for admission to the school, but instead received an answer in the style of “why didn’t apply before, now it’s too late to decide something.” Therefore, only documents can confirm the fact of contacting an educational institution and can help if the case comes to court.