Parents do not always want to send their child to the school that is located next door. And, often, they are refused on the grounds Order of the Ministry of Education of the Russian Federation of 2012 on the procedure for admitting citizens to school. It contains the main criterion for selection into a general education institution - registration of the child.
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You can hear the following wording from school administration employees: “Children are admitted to the school assigned to the territory of residence.” That is, according to registration.
But rarely, who knows that the continuation of the quote from the Order of the Ministry of Education and Science of the Russian Federation sounds as follows: “From August 1 of this year , children who are not assigned to a school, but if there are places available,” can be admitted.
This means that you need to ask in advance if there are free places at the school.
And it’s best to submit an application in advance, justifying your position by the fact that according to the law, the school administration does not have the right to refuse parents to accept documents if there are free places.
What it is
Registration is an outdated legal concept. Currently, this word is used only colloquially; it has no legal basis.
By habit, registration at the place of residence is called registration. Although for almost a quarter of a century this word has been removed from the legislation of the Russian Federation.
Registration at the place of residence can be:
- permanent (at place of residence);
- temporary (at the place of stay).
Children are registered with their parents from 0 to 14 years of age . Parents of a newborn, having received a Birth Certificate, can already register the child.
Legislation
The Federal Law “On Education” does not exclude the territorial principle of selection, that is, by registration. Article 67 of the law formulates the basic principles for the reception of children.
Preference for admission is given to children who live and are not registered in the territory assigned to the school.
But even then, you may be denied if there are no places available, with some exceptions. Children living in another area will be admitted to school only in second place.
What laws protect the right of children to study outside their registration?
Let's consider three legal acts:
- Constitution of Russia Article 5 and 43;
- Federal Law “On Education in the Russian Federation” No. 273, Article 67, paragraph 3;
- Letter from the Ministry of Education of the Russian Federation from 1999 “Recommendations for the education of children of refugees and migrants.”
All regulatory documents can be combined.
The main theses are:
- condition - availability of free places;
- preference is given to those who are registered at their place of residence or stay.
In order to have more chances, the application must be submitted in advance.
Right to study and registration
If a child lives without registration for more than a week, it means that the parents are breaking the law and may be subject to administrative liability. So, when moving to another city, parents must first take care of registering their child.
The administration of the educational institution necessarily requires documents confirming the registration of the child at the place of stay or residence. Temporary registration is not a reason to refuse to enroll a child in school.
The legislative framework
The Constitution of the Russian Federation (Article 43) and the Law on Education of the Russian Federation (Article 5 of Law No. 3266-1 of 1992) clearly outline the rights of all children to free education. There is also a ban on refusing to enroll a child on the basis of race or place of origin or residence.
In the process of realizing the child’s right to education, parents often face the serious obstacle of enrolling their child in school without registration. The administration of educational institutions, guided by the provisions of Federal Law No. 310, adopted in 2011, is obliged to provide places for education to children living in the assigned area of the city as a priority.
In 2012, new rules were introduced allowing education workers to apply the territorial principle when admitting children to school. According to paragraph 4 of Art. 67 of the Law on Education, first-graders at their place of registration are first enrolled in an educational institution, and children registered in other areas are admitted at the second stage, subject to availability of places.
Thus, if parents intend to enroll a first-grader in a school without registration, then enrollment will occur on a residual basis. Children without registration in the area where the school is located are accepted on a second priority basis.
Will my husband be accepted into the school with his registration?
Circumstances may develop such that the child’s parents find themselves registered at different addresses . If it is necessary to place a child in school at the spouse’s address, then the solution may be to obtain permanent or temporary registration at the place of registration of the father.
However, it is better to do this before submitting documents to the educational institution. In this case, the child will be included in the “first priority” list with priority for enrollment.
Priority registration applies only to the enrollment of first-graders. In high schools, it is possible to form student ratings based on their success. The higher the rating, the greater the chances of admission to the school.
How to get a nonresident student into school?
When moving to another locality, parents may face the problem of registering their child for school, especially if there are not enough places in the educational institution. Is it possible to enroll a child in school without registration in another city?
You can, but again you will need to register. Due to the rules of priority for children living in a microdistrict assigned to a specific institution, it is almost impossible to enroll a child in school without registration.
Registration for 6 months will help resolve the issue . Usually, nonresident parents are required to register, and one of the adults will have to register along with the child. Although in some cases (once the child reaches 14 years of age), the law allows temporary registration of a teenager separately from his parents.
Registration of a child at the place of stay for 6 months costs about 800 rubles.
It is worth noting that the school management may be wary of the temporary registration of a child. The term limit indicates that there is a possibility of an early departure and change of school.
In this regard, a refusal to admit the child to school may follow. Such a refusal is not the norm, and parents need to combat this by contacting the Education Department in the locality.
The administration of an educational institution has the right to refuse to admit a child only if there are no free places at the school. The territorial feature here fades into the background.
How to enroll a child in school without registration in 2020?
In Russian schools, applications for first grade are usually accepted in 2 stages . From approximately February 1 to June 30, children from the microdistrict to which the educational institution is attached are enrolled in school (the child’s temporary or permanent registration does not matter).
Law on the admission of children to general education institutions
The admission procedure is established by the legislation of the Russian Federation, as well as local and regional regulations.
Admission rules and benefits are regulated not only by the Law “On Education” .
The admission procedure is based on ensuring compulsory education.
An order of the Ministry of Education and Science from the beginning of 2014 approved the procedure for admitting children to general education institutions.
According to the document, admission can be denied only if there are more applicants to the school than there are places.
If there are no places, the child’s parents must contact the local administration regarding placement in another school.
You need to contact the executive authority that heads the education sector.
What is the probability of acceptance
If we summarize the cited regulations, it turns out that the main selection criteria (without affecting exceptions) are the availability of places and residence at the place of residence. These conditions are equivalent.
Residence does not have to mean registration at the place of residence; it can be a temporary option.
Documentary proof of residence in the territory that belongs to the desired school is required. How, otherwise, can you prove the truth of your words?
In practice, the administration conventionally divides children entering school into several categories.
- First of all , they take those whose permanent registration coincides with the boundaries of the coverage of this educational institution.
- The second is for those who live and are temporarily registered here.
- Further - according to desire and availability of free places.
Required documents and admission procedure
In order for a child to be accepted into 1st grade, you need to collect the following documents:
- birth certificate;
- an application filled out by one of the parents;
- passport of the parent who filled out the application;
- child's medical record in form 0-26/U ;
- document confirming the place of registration.
The application in accordance with the Order of the Ministry of Education and Science can be submitted electronically. an example here.
The application (regardless of the form) contains the following information:
- Child's full name;
- Date and place of birth;
- Full name of parents;
- address;
- parents' telephone numbers.
The papers along with the application must be taken to the school. After the decision to accept the child, a psychological study will follow to determine the child's abilities.
Applications for 1st grade are accepted in schools from approximately February to early July .
All documents and their copies are recorded in a journal. Parents receive a registration number and a receipt for receiving documents. Orders for admission to school are posted on special information boards on the day of its release. A personal file is opened where all documents are stored.
Whether it is possible to obtain registration at a dacha plot is written in the article: registration at a dacha. Don’t know what documents you need to prepare for temporary registration at the place of residence of Russian citizens? See about it here.
Get legal advice on educational law
What steps must be taken to enroll in school?
In this situation, there are two options for solving the problem: 1. Get a referral by contacting the Education Department. You can apply on the following grounds:
- Legal status of emigrants/refugees of the parents or child;
- Realization of the rights according to the Constitution to universal access to education;
- Exercise of the right to study at the actual place of residence in a subordinate school.
2. Obtaining temporary registration for parents and child. More about this below.
Minimum list of documents for admission to school:
- birth certificate;
- the child’s medical record from the previous place of study;
- application for admission from a parent;
- certificate from a medical institution of the established form.
You can find out if there are any other reasons for going to school without registration on other grounds by asking a question on our website.
How to get there without registration
Sometimes the school that parents choose is far from their place of registration. We will tell you further about how you can get there.
What can help
If you want to enroll your children in school without registration, you must:
- Submit your application as early as possible.
- Prepare a description.
If the child did well in kindergarten and has some diplomas, then this can be an advantage.
- Apply to several schools you like.
- 5-7 days after receiving a positive response, immediately confirm your consent.
Some use tricks. To be in second place when entering school, parents apply for a temporary registration for their child. Until the age of 14, this can only be done at the place of registration of the parents.
For military personnel
According to the Federal Law of the Russian Federation of 2009 No. 34 “On the status of military personnel ,” which came into force in March of the same year, children of military personnel are given places in schools as a matter of priority.
By the way, not only in schools. Children of military personnel have an advantage when enrolling in kindergarten, as well as in summer camps.
How to enroll your child in school in another city
In order to place a child without registration in another city, you need to contact the local administration department, which manages general educational institutions. They will help you choose the best option for your place of residence.
Do not forget that despite the lack of permanent registration, they do not have the right to refuse you.
But there may be no places left in schools for those who do not have any registration. And this is already a good reason for refusal. Therefore, it is best to apply for temporary registration using Form-8 . It will take no more than a week.
By law, documents are required to be issued within 6 days .
How to obtain temporary registration for a child?
Registration for a minor under 14 years of age can only be done at the place of registration of one of the parents. This means that the legal representative must temporarily register with the child. From the age of 14, a teenager can be registered alone (Civil Code of the Russian Federation, Article 20, paragraph 2).
Where to contact?
The citizen, together with the owner, applies to one of the registration authorities in:
- Directorate for Migration Issues under the Ministry of Internal Affairs;
- MFC;
- passport office at the management company, homeowners association.
Another way is to submit an application through the State Services portal. To do this, the parent must have a verified account on this site.
Step-by-step instructions for registering a child under 14 years of age through State Services (in the example, one of the parents has a temporary registration):
- Visit the official website of State Services - https://www.gosuslugi.ru
- Log in to your personal account.
- After entering the top menu, click the button “class=”aligncenter” width=”1345″ height=”897″[/img]
- In the catalog, find the section “Passports, registrations, visas” and click on the phrase “Registration of citizens”.
- Next, select “Registration at your place of residence.”
- On the left, click the “Get class=”aligncenter” width=”886″ height=”591″[/img] icon
- Next, fill out the fields following the system prompts.
After receiving notification of the reviewed application, you need to visit the registration authority and provide a package of documents in the original, and you can immediately pick up the child’s registration certificate at the place of stay.
If the parent has temporary registration, then the consent of the property owner to register the child at the same address is not required. If the parent is not registered at the address, he must first register himself. But here the consent of the owner of the living space must be obtained, in addition, he must appear for the submission of documents in person, together with you.
Required documents
To register at your place of residence, you need to prepare the following documents:
- application on special form No. 1;
- parent's passport;
- child's birth certificate;
- if the parents have different places of registration or are not married, the consent of the second parent will be required for the child’s registration;
- act of the guardianship authority, if a guardian has been appointed.
When sending an application through the State Services portal, you will need to attach copies of documents.
Terms and cost of registration
The service is provided free of charge. Time allotted for registration:
- 3 working days from the date of receipt of documents are given to the registration authority for registration of registration;
- 8 working days are required to consider the application if the owner of the living space does not present documents confirming his ownership of the housing (when registering a child together with a parent).
Interesting article: Installment plan with temporary registration
The deadlines may be extended at the request of the applicant or the accounting authority if there are compelling reasons. For example, the applicant cannot appear on time due to circumstances beyond his control, or it is necessary to provide missing documents, make clarifications, etc.
For what period of time should I register?
Clause 10 of the Decree of the Government of the Russian Federation dated July 17, 1995 No. 713 states that the period of temporary registration is approved by mutual agreement between the owner of the property and his tenant. It is recommended to obtain a temporary registration for a school for at least 1 academic year.
If a citizen is registered in connection with a rental agreement, then his temporary registration will coincide with the period of rental housing. In your own home you can make a temporary registration for any period.
The period of validity of the temporary registration of a child and his parent is the same. After this period, they are required to leave the premises. Living at this address will no longer be legal.
What to do for refugees
Refugee parents have the right to send their child to school regardless of registration. The main condition will be the availability of free places. You can apply to several schools at once within walking distance of your place of residence.
But it would be more effective to contact the child’s parents with the municipal education authorities, who will offer several schools to choose from.
In order to confirm their status, parents are required to present a refugee certificate.
The list of documents presented by refugees does not differ from those of those who are citizens of the Russian Federation.
Additionally presented:
- documents confirming relationship;
- a document that confirms the family’s right to stay in Russia.
All documents must be in Russian or with a translation certified by a notary. But the absence of a translation according to the law will not be grounds for refusal.
What rules should you follow when registering? See about this in the article: rules for registration and deregistration of citizens of the Russian Federation. Don't know what the difference is between temporary registration and registration? See about it here.
Do you want to know how long it takes to register temporarily? This is written about here.
Why do you need registration when enrolling in school?
Admission of students is carried out on a territorial basis, that is, nearby houses are assigned to the school. Children registered in the territory related to a specific school have a priority right to enrollment in an educational institution.
Information about territorial affiliation can be obtained:
- from the director of the selected school;
- on the official website of the educational organization;
- on the district administration website.
At the beginning of each year, a new decree is issued on the distribution of school areas in the district.
Order of the Ministry of Education and Science No. 32 defines the following list of documents required to be submitted when admitting a child to school:
- a statement from the parent indicating the child’s place of residence;
- his birth certificate;
- a document confirming his registration in a house located in the zone assigned to this institution.
Deadlines for admission of minor citizens:
- permanent residents of a fixed territory (including those with temporary registration) - from February 1 to June 30;
- registered in another district of the city, locality without temporary registration in school-owned areas - from July 1 to September 5.
Interesting article: How to make a temporary registration without permanent registration?
The enrollment process continues until the available places are filled. Further, the school administration refuses enrollment regardless of the child’s place of residence.
If the child does not get a place, the parent has the right to contact the authorities responsible for the field of education (Law No. 273-FZ, Article 67, paragraph 4). The child must be sent to the nearest school where there is a shortage of students.
