How to complain to the Department or Ministry of Education?

Powers of the Department of Education

Before you decide to file a complaint with the Ministry of Education, you need to clearly understand what is within its competence and whether it makes sense to contact them with your question.

In addition, attention should be paid to the fact that the Ministry of Education is an executive body whose scope of activities covers the entire territory of the Russian Federation. In turn, the Department of Education is a territorial body with the same powers, but operating at the municipal level.

The main powers of the Ministry and Department include:

• Control over compliance with current norms of Russian legislation in the field of education;
• Issuing orders, management in educational institutions, including those where they are engaged in leisure development;
• Distribution of funds from the budget and control over their use;
• Creating conditions for citizens through which they can exercise their right to education;
• Development and approval of methods related to the work and management of an educational institution.

From the above it is clear that you can write to the Moscow Department of Education or the Ministry of Education in case of any discrepancy that was recorded in an educational institution. We will consider in more detail the reasons for contacting a body such as the Ministry of Education below.

Grounds for contacting the Ministry

Parents can submit their complaints and claims to the Department of Education when the conflict that has arisen cannot be resolved with the management of the preschool, educational, or leisure institution. Accordingly, a complaint is submitted to the Minister of Education and Science of the Russian Federation only if the conflict situation cannot be resolved at the level of the territorial Department of Education.

There are the following grounds for filing your claim:

• Psychological and physical violence;
• Unlawful movement down the list in the electronic queue;
• The student is treated with prejudice, his freedoms or rights are violated;
• Conflicts with employees and management of the educational institution;
• Extortion and bribery;
• Inadequate supervision of children, resulting in injury or disfigurement;
• Exceeding official authority;
• Difficulties with enrolling a child in kindergarten or school;
• The student's knowledge is incorrectly assessed;
• Incompetence of teachers.

If detected violations fall under criminal liability, you should contact such structures as the police, prosecutor's office and judicial authorities.

Who has the right to file a complaint?

The legal representative of a child whose rights are being violated by a teacher has the right to file a complaint. If an official behaves inappropriately towards a group of students or the class as a whole, then it is necessary to draw up a collective statement.

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As a rule, more than one student suffers from the teacher’s excessive demands. Parents need to unite to solve the problem and submit a collective application. The authorized body undertakes to accept the complaint and respond to it properly. Based on this, the violator is held accountable.

When to complain

Problems in the relationship between a child and a teacher force him to write a letter to the Moscow Department of Education. The next question that parents are puzzled by is the authorized body where they need to file a complaint.

Depending on the situation, the claim is sent to:

• management of the educational institution;
• to the regional Department of Education;
• to the prosecutor's office, court or police.

The choice is made based on the circumstances of the case. For example, if there is a bias towards a student, it is necessary to solve the problem by contacting the school principal. The same applies to situations where teachers behave incorrectly.

If, after submitting a complaint, the school management has not taken measures to resolve the conflict, then the complainant is forced to contact the local branch of the Department. This institution deals with educational issues, including those related to the infringement of student rights.

Grounds for complaint

Reasons for contacting the Department of Education may include:

• illegal fees in an educational institution;
• humiliation of the honor and dignity of students;
• psychological or physical violence towards a child from peers, teachers, administrative workers;
• improper care and supervision of pupils, as a result of which harm was caused to the health of a minor;
• incompetence of teaching staff;
• problems with the child's entry into 1st grade.

Reference! If violations are associated with damage to the mental or physical health of a minor, then criminal liability may be provided for them. In this case, the complaint must be sent to the police or prosecutor's office.

Writing Requirements

In order for the claim to be accepted for execution, the document must be written correctly. The requirements are set out in Law No. 59 of 05/02/2006. First, use a special form or sample. Among the required details:

1. Addressee and addressee data. They fit in the upper right corner and contain the correct name, full name, addresses, contacts.
2. The name of the text that contains a description of the problem. For example, “Complaint about demands for inflated contributions.”
3. The content of the claim, which clearly, in compliance with the chronology of the event, in a business style of presentation and without obscene expressions, sets out the essence of the case.
4. Important! You cannot write a demand for dismissal or a fine. The only request may be a request to conduct an inspection in order to eliminate the violation and punish those responsible within the law.
5. List of applications.
6. Date, signature.

Basis of claim

It is important to correctly classify the offense before submitting a complaint to the authorities. If the basis of the complaint involves criminal liability and does not relate or partially relates to the reasons stated above, it is worth sending a complaint to the police.

Sample document

To avoid mistakes, it is recommended to use the complaint template:

Sample complaint

A sample complaint to the Department of Education is not established by law.
The document can be written in free form, but contain the following information:

• details of the government agency where it is sent (or information about the official);
• personal data of the applicant (full name, postal address, e-mail, telephone);
• a brief description of the circumstances;
• requirements for taking measures to eliminate violations;
• list of applications.

An example of a complaint against a teacher can be found here.

The claim is drawn up in a business style. If it is in writing, it must be written in clear, legible handwriting.

When submitting an application through a personal visit to the department, two copies must be made. One of them remains with the Department of Education, the other with the applicant. The document contains the number and date of incoming correspondence.

Submission methods

There are several options that make it easy to file a complaint with the Moscow Department of Education:

• postal service;
• by telephone call;
• electronic;
• upon a personal visit to the organ.

Each has its own implementation nuances.

Written appeal

In the modern world, there are several options for submitting a written application.

The public reception area of ​​the DO is open to the public during the week from 8-00 to 20-00. On Saturday, reception of citizens is held from 9-00 to 15-00. You need to prepare 2 copies of the claim, on one of which the office puts a mark of acceptance.

If the claim is sent by postal service, the message is sent by registered mail with mandatory return receipt requested.

Option using phone

To facilitate and structure the reception of messages from citizens, several lines have been allocated in the Moscow Branch:

1. All calls are received around the clock at +7 (495) 777-77-77. The operator will need to introduce himself, provide his address and passport details, as well as the essence of the problem. After recording, the conversation is transferred for review. You will just have to wait for a written response.
2. If you have a question about registering shipments, you need to dial other numbers - or +7 (499) 369-31-48.
3. Legal entities are allocated a separate line with the number +7 (499) 369-31-42.
4. Consultations on the organization of education are held on weekdays from 9-00 to 18-00 by phone.

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Before dialing the number, you should record the main points in order to clearly present them to the operator.

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Personal visit to the DO

You can get an appointment with the head of the body or his deputies only on visiting days and hours. The organization's website contains information that is updated quarterly.

You must first submit an application form.

You must bring your application to the reception address on weekdays from 8-00 to 20-00; on Saturdays, opening hours are limited from 9-00 to 15-00. The requirements for drawing up a complaint are identical to a written appeal. You must come to your appointment with your passport.

Via electronic service

The official portal of the Department allows you to contact the head directly or through the electronic reception. The website has rules for drawing up and submitting appeals, which you should immediately read.

To contact the reception, go to https://dogm.mos.ru and fill out the form fields:

Be sure to indicate your details, the type of applicant - individual or legal entity, and the response form. The text of the claim is presented competently in a business style without obscene or rude language. The chronology and sequence of events must be maintained. If there are additional documents that explain or support any actions, they are attached to the complaint and submitted at the same time.

An appeal to the manager is formed on the site https://ask.educom.ru/.

Enter the subject of the request, fill out the fields, write the text.

Additional materials are allowed to be attached up to 5 MB.

Submit a claim.

Important

After verification, all requests are published on the DO website. Your data and text will be publicly available in the “Citizens’ Appeals” section

Write to the head of the department

Through the electronic resource https://ask.educom.ru/ you can write an open letter addressed to the head of the Moscow educational institution Kalina I.I.

Each completed form is checked by a receptionist. If it complies with the requirements of current legislation, the letter will be published on the website in the “Citizens' Appeals” section. There you can track what stage the application is at.

Fact

Not only the text of the letter, but also the applicant’s full name will be publicly available. Contact information is not disclosed in accordance with the law on the protection of personal data.

If you have questions about the results of consideration of electronic forms sent to the site, you can write by e-mail

Write to the authorized official

In order to use the online form to send a letter for consideration by DO employees, you must:

• select the “Electronic reception” item in the “Citizens’ Appeals” section;
• become familiar with the basic requirements for emails;
• In the form that opens, enter your full name and contact information;
• choose the desired method of receiving a response;
• enter contact information;
• in a special text entry field, briefly state the essence of the problem;
• attach supporting documents and submit the form.

Collective appeal

In a situation where the interests of several students are affected, representatives of the children can file a joint petition to protect their rights. This type of appeal enhances the effectiveness of solving the problem, since the group of parents expresses firm intentions to achieve the desired result.

If a child has problems at school, then before writing a statement, it is necessary to discuss the situation with the parents of classmates. If there is general dissatisfaction with the circumstances, it is advisable to write a collective petition, which the Ministry of Education must consider without fail.

Can a complaint be refused?

According to federal law, complaints are not subject to consideration:

• demanding to give an answer with the disclosure of state secrets protected by the laws of the Russian Federation;
• containing explicit or hidden advertising;
• with threats, insults, expressions of anger or annoyance towards officials or teachers, their property and family;
• which can be considered only with the presentation of certified copies of documents and (or) the personal signature of the applicant;
• having an anonymous nature (sent by someone unknown from fictitious or unreliable addresses);
• written in another language, in Latin or those that are impossible to read;
• previously sent and already considered, but no new facts were discovered in the case.

Any registered complaint must be resolved within 30 days from the date it was filed. During the consideration of the complaint, additional questions may arise regarding verification of the fact of violation. In such cases, based on the results of consideration of the application, an auxiliary commission may be created that will conduct an internal investigation. The case may also be referred to the prosecutor's office.

Important

There is no need to abuse the right to contact government agencies.

If the submitted evidence is checked and it is discovered that the information in the complaint is untrue, the applicant may incur administrative or even criminal liability for libel.

Terms of consideration

The complaint is registered within 3 days of receipt and sent to the structural unit that is responsible for considering this issue.
Department employees review the complaint and make a decision on taking measures to eliminate violations within a month after registration of the application.

If the problem is within the competence of other government agencies or executive authorities, then the application is redirected within 7 days.

Attention! When the circumstances of the case are unclear or additional information is required, the period for consideration of the complaint can be up to 2 months after the application is accepted.

The applicant is notified of the results of the consideration of the claim in writing at the specified postal address or by e-mail. The citizen is also informed about which department the complaint was forwarded to.

When considering applications, the information they contain, including those relating to the private life of the applicant or minor, is not disclosed without his consent. All personal data is stored and processed in accordance with Law No. 152-FZ of July 27, 2006.

Consequences of filing

If the student’s rights and freedoms are not respected, his parents or he himself can begin to take measures to protect them. This process is regulated by Art. 45 of Federal Law No. 273-FZ.

For teachers

Unlawful actions of a teacher or other employee of a general education institution can be appealed as follows:

• appeal to the violator’s immediate superior (school director);
• submitting the dispute to the commission for consideration.

A complaint addressed to the director must be made in writing. When writing it, be sure to indicate:

1. Full name of the director.
2. School number and location.
3. Subject of the complaint (brief description of the incident, full names of the teacher and student, information about possible witnesses).
4. The essence of the request.
5. Full name of the applicant.
6. Date of.

Resolution of a controversial situation is also possible by submitting an application from the student or his legal representative (parent, guardian) to create a specialized commission.

The members of the commission are representatives of students' parents and school staff. They are selected by the parent committee and the competent authority of the educational organization.

Conflicting parties have the right to be present at the consideration of the application. Also, as necessary, witnesses and other persons who can clarify the issue under discussion are called to the meeting. Based on their testimony, legislative acts and regulations of the institution, as well as the results of a comprehensive analysis of the current situation, a decision is made. Its content is mandatory for all parties to the dispute, but it can also be appealed in court.

If the outcome is unsatisfactory for the victim or there is no response from management, the claim is submitted to higher authorities. In this case, both the teacher’s original offense and the director’s inaction are subject to appeal.

For the director

A complaint against the director cannot be objectively considered within the walls of the educational institution and therefore it should be sent to the district education department. It is drawn up in the same way as a complaint against a teacher, only the name of the department must be indicated in the header of the appeal, and the school number and full name of the head of the school must be indicated in the content itself.

You can send a letter to the district office by mail or email. Municipal authorities also have their own official portals, and some of them have electronic reception desks that provide convenient submission of applications for consideration by competent specialists.

Postal and email addresses and links to department websites can be found on the official portals of the Departments of Education of a particular region (subject of the Russian Federation).

To school

A complaint against a school is filed in the event of complaints about the functioning of the entire institution, when not one person, but several, including the director, were noticed in unlawful actions against students. Harm that was caused to a child during his stay on the territory of the educational institution is also grounds for appealing the school order as a whole.

The process of appealing a general education institution is similar to the same procedure addressed to the director. To do this, the applicant also needs to submit a letter to the municipal administration, and in the application itself enter the address and school number, describe the offense and a list of violators with full name and information about their positions.

You can achieve greater effect by contacting the following government agencies:

1. Regional Department of Education. (for Moscow)
2. Federal Service for Supervision (Rosobrnadzor).
3. Ministry (Ministry of Education and Science).
4. Rospotrebnadzor.
5. Prosecutor's office.
6. Court.
7. Ombudsman.

Satisfaction of a complaint against a school, director or teacher entails the following consequences:

1. Determination and obligation to implement measures to resolve the dispute.
2. Revision of the charter and regulations of a general education institution.
3. Revocation of the license of a private educational organization.
4. The appointment and application of disciplinary or administrative measures, and sometimes criminal punishment to the perpetrator.
5. Dismissal or removal from office of the offender.
6. Compensation for material or moral damage to the victim.

Based on the results of consideration of your application, a certain decision will be made. If the facts stated in the statement are confirmed, the perpetrators will be brought to justice. It can be different. The simplest is that the guilty person will be reprimanded, the most serious is going to court.

The complaint will be considered justified if the teacher:

• does not fulfill his duties;
• fails to comply with safety regulations, resulting in a child being injured;
• violates the school's labor regulations;
• incites national and religious hatred;
• does not comply with ethics and morality;
• does not take into account the child’s health and psychological health in the educational process;
• underestimates the student's grades;
• is biased towards the child.

When is it okay to complain?

Legal representatives of students (parents, adoptive parents) and his subordinates (teachers, etc.) can file a complaint against the director. The reason may be any fact of violation of the rights of these persons. Among the most common reasons:

1. Problems regarding the educational process: constant cancellation of lessons, unbalanced schedule (overloaded and unloaded days, “windows”), refusal to work according to approved standards and programs, to provide an accelerated or health-adjusted training program, unstructured educational process, which is why schoolchildren poorly absorb the material.
2. Poor quality of service. The reason for a complaint may be a violation of sanitary rules and regulations: low temperature in classrooms, lack of regular cleaning, inadequate logistics (for example, worn-out furniture, sports equipment), unsanitary conditions in school premises, poor quality food.
3. Monetary fees from parents. We are talking not only about openly criminal cases of extortion (for enrollment in a school, certain grades or a loyal attitude), but also about the so-called “voluntary-forced” fees. Possible paid school services are approved by higher authorities in the field of education, and all payments for them are made only to budget accounts. Accordingly, any fees for repairs, purchase of educational materials, furniture, equipment, landscaping, payment for security services or cleaning staff are illegal.

Free school education, provision of necessary educational materials and equipment are guaranteed by Art. 43 of the Constitution of the Russian Federation and Art. 4, 5, 35 of Law No. 273-FZ “On Education in the Russian Federation”, therefore parents can refuse to donate money for the needs of the school without giving reasons.

1. Unethical behavior with students/parents/subordinates. Insults, threats, rude treatment, and humiliation towards anyone are unacceptable for the head of the school.
2. Underestimation. Although this problem is more of a teacher concern, the principal may also be held accountable if he does not respond to complaints from parents.
3. Unlawful refusal to admit a child to school. The full right of refusal is reserved only if there are no available places in classes (with the recommendation of other suitable educational institutions), otherwise the child should not be refused enrollment, even if he is not registered in the school's assigned territory. The possibility of refusal due to lack of vaccinations is also unacceptable (including according to Letter of the Ministry of Health dated July 15, 2015 No. 24-2/10/3051970-1297), but the administration and supervisory authorities sometimes do not consider such a reason for refusal a violation of the law.
4. Violation of labor legislation requirements. Complaints about the organization of the work process (refusal to provide scheduled leave, wage reduction, coercion to perform additional duties or dismissal, cases of corruption) can become the basis for filing a complaint either from one employee or from an entire team.
5. Refusal to provide documents. The right of parents of students to familiarize themselves with the charter of the school, the programs and teaching methods used, and educational technologies is enshrined in Art. 44 of Law No. 273-FZ and the director does not have the right to limit such a desire of parents.
6. Ignoring or improperly fulfilling responsibilities as a leader. The director is obliged to respond to requests from parents/subordinates and take appropriate measures. In addition, he is responsible for the selection and placement of personnel; accordingly, the absence of certain specialists (not only teachers, but also medical workers) can also become a basis for a complaint.

Responsibility of teachers under the legislation of the Russian Federation

The same types of responsibility apply to the teacher as to any person who violates legal norms.

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Highlight:

• administrative responsibility;
• disciplinary;
• criminal;
• material.

In some situations, compensation for material damage is applied by collecting a set amount in favor of the injured party.

Labor liability occurs when:

• repeated gross violation of the internal regulations of the school;
• putting physical or psychological pressure on a student;
• conducting classes while under the influence of alcohol or drugs;
• disregard for the safety of students;
• presence of rude and offensive statements addressed to the student and his parents;
• disgraceful behavior in public places.

Holding a teacher accountable in accordance with the legal norms of the Russian Federation is carried out on the general basis established by the Civil and Administrative Codes.

The same applies to recovery for material damage caused by a teacher, compensation for which is regulated by rules in the field of substantive law.

Additional questions

Is it possible to complain anonymously?

The law establishes the mandatory indication in the claim of the applicant’s personal data and residential address. It is also necessary to certify the text of the complaint with a personal signature indicating the date of preparation. There is no direct prohibition on the appeal of an unidentified person in the legislation.

It is possible to contact an authorized body by telephone or send an application without specifying personal data. But this form of appeal does not meet the legal requirements regarding the availability of mandatory details. Therefore, officials of the Department of Education have the right not to consider anonymous letters.

Consideration of a complaint without indicating the identity of the complainant, as well as taking measures taking into account the circumstances of the violation, is carried out at the discretion of employees.

In conclusion, you need to remember the following: the applicant can send an anonymous complaint against a teacher to any authority, but employees are not obliged to either accept the complaint for consideration or respond to the facts of violation contained in it.

Anonymous is a dubious solution to a problem in the relationship between a teacher and a student. Most of these complaints are ignored.

When can they refuse to consider a document?

The Education Department refuses to consider a claim in the following situations:

• consideration of the complaint is related to the disclosure of state secrets;
• the application contains data of a non-existent person;
• the complaint is written in a foreign language or the text is impossible to read;
• when containing advertising or threats;
• the statement of the complaint contains insults against an employee of the educational institution;
• when an application is resubmitted if a decision has already been made on it.

If the answer doesn't suit you

If your complaint was given an answer that does not suit you and which you consider unlawful, it makes sense to contact the Ministry of Education and Science of the Russian Federation to appeal the decision. The basis for a complaint to a higher authority can be virtually anything, for example, the lack of punishment for the perpetrators after an inspection and trial, or the application of too lenient punishment.

The Ministry of Education is responsible for control over all Departments of Education and preschool, educational, and leisure institutions on the territory of the Russian Federation. It conducts independent audits and investigations that are based on applicable laws, regulations and internal organizational standards.

Unscheduled inspections can only be carried out upon receipt of complaints. Collective claims are more effective.

Just as when applying to the territorial Department of Education, taking into account Federal Law No. 59 of May 2, 2006, the Ministry of Education will not consider a complaint when:

• It is impossible to answer it without disclosing classified information;
• Advertising products are attached to the application;
• The text of the appeal is written incorrectly, it is unclear, the letter lacks formality;
• Attached are copies of documents that should be notarized, but are not certified;
• The complaint is anonymous or sent from an address that does not exist;
• The answer was given to the applicant earlier and no new evidence was provided in the case.

If there is no response to the complaint

If there is no response or reaction to the application, you must file a complaint with law enforcement agencies.

The application is initially submitted to the police or prosecutor's office in a situation where any action of a violent nature is carried out against a child: physical or psychological. In this case, you do not have to submit a claim to the Department.

How to complain about a school to the Department of Education

To the Department The parent has the right to file a complaint against the head of the kindergarten in the order of subordination to the department of education at their place of residence. The same applies to a complaint against the school principal. The legislator allows its submission online through the websites of authorized bodies. It states:

• personal data of the person filing the complaint;
• the essence of the requirements, the claims being made are described;
• E-mail address.

Residents of the capital can file a complaint through the official website of the Moscow Department of Education.

The user must register on the site and gain access to his personal account. The measure allows you to fill out a special form placed in it. As a rule, the response is sent to the email specified in the complaint.

Documents confirming the illegality of the actions of the educational institution are attached to it.

How to properly write a complaint against a teacher

The law does not provide a strict form for submitting an application to official institutions, but establishes the mandatory availability of the following details:

• name of the body to which the complaint is sent;
• personal data of the responsible employee indicating the position held;
• details of the person making the application;
• the address where the applicant lives;
• essence of the claim;
• the complaint is certified by signature;
• Date of preparation.

If a person has materials that serve as evidence, then a list of them is indicated in the application along with the obligatory attachment of copies.

In a situation where a person files a claim using Internet resources, it is necessary to additionally indicate the mailbox address. If the applicant wants to receive a standard response in writing through the postal service, then only the residential address is indicated.

Supporting materials are provided in electronic form.

The application consists of 3 parts:

• introduction. This part contains data about the parties who act as sender and recipient. In addition to the place of residence, it is advisable for the applicant to indicate a telephone number so that, if necessary, he can be quickly contacted. The document must have a title: complaint, application. There are many naming options on the basis of which the choice is made;
• main text. In this part it is necessary to state the essence of the claim listing specific facts. The educational institution in which the violation occurred, the details of the official exceeding his authority, and the circumstances of the case are also indicated. When writing text, you should avoid offensive language. It is advisable to state dryly, without emotion, the events that provoked the appeal, and list in detail the circumstances relevant to the case. Next, you need to indicate the measures that need to be taken. For example, request a check on suitability for the position held. But the applicant must provide compelling arguments to substantiate his position;
• conclusion. The result of the appeal is a list of materials that are attached to the application and act as evidence of the stated facts. Additionally, it is necessary to document the rights to represent the interests of the child in relation to whom the violation was committed. As evidence you can use: testimony of witnesses, photographs, recording of a conversation, video recording and others that are permitted by law. Then it is signed and dated.

Important

Before filing a complaint, parents should contact a psychologist who specializes in working with children. Especially when there is an alleged violation of the rights of a primary school student.

Since a child, due to his age, is inclined to exaggerate or, conversely, hide the circumstances of the case, consultation with a competent specialist will help clarify the essence of what happened.

The psychologist’s conclusion about the violation and the consequences of its impact on the psyche must be submitted along with the complaint.

Anonymous complaint

When sending a complaint through the electronic reception, e-mail or registered mail, it must indicate personal data, including the applicant’s full name and contacts.
An anonymous complaint may be left unanswered. Consideration of a complaint where the details of the applicant are not indicated does not comply with the requirements of the law.

An anonymous complaint against a teacher can be sent to any authority. But government employees are not obliged to review it and take measures to eliminate the violations specified in it.