Parents who choose a private kindergarten as a pre-school educational institution want to be sure that they pay not only for education, but also for their own peace of mind and children’s comfort. However, here you can wait for disappointment.
To protect yourself and your child from unpleasant surprises, pay attention to the legal subtleties in the design of relations with the kindergarten.
In fact, the contract between parents and kindergarten is nothing more than a regular contract for paid services that adults face in their lives quite often. It is in accordance with the basic principles of the legislation of the Russian Federation, but additionally enters the zone of the provisions of the law “On Protection of Consumer Rights” and the Rules for the Provision of Paid Educational Services specifically approved by the Government of the Russian Federation.
The two most important items for parents are the safety and health of their child. They should be reflected in the very first lines of the contract as the positions that the organization must provide to its pupil.
For the time they are in kindergarten, the institution also takes responsibility for strengthening the pupil’s psychological and physical condition, his personal growth, intellectual and physical development. Make sure that in this clause of the contract do not forget to mention the emotional state and, if possible, the individual approach to the child. It will not be superfluous to find in the document an item on the safety of the child’s property
If it does not exist, feel free to turn it on in accordance with the provisions of the letter of the Ministry of Education of the Russian Federation No. 212 / 19-12.
Be sure to clarify the procedure for providing medical care to pupils. If the organization has a doctor / nurse in the state or an agreement with the clinic for medical support, this will make your life much easier: a specialist in the kindergarten will respond promptly to any emergency situation, and medical examination and all necessary vaccinations and revaccinations the child will pass “without departing from the ticket office.” If there is no such possibility, make sure that the document informs you about this.
It is likely that during the year the situation will change and you will be asked to conclude an additional agreement for medical care.
The child’s stay in a preschool educational institution consists of two parts: supervision and care and, in fact, the educational process itself. The most important document that a kindergarten should possess, and with which it will firstly introduce parents, is a license for educational activities. Ideally, it should be framed as an annex to the contract; if not, carefully review the text: the license information, its number and date of issue must be indicated in the document.
In the absence of such paper in kindergarten, according to the federal law “On Education in the Russian Federation”, a certain set of measures is being taken to organize catering and consumer services, and these are not educational services at all. Together with the license, you will most likely be offered to view the Charter of the institution.
Agree and read the document carefully, there will be a lot of interesting information. For example, the morning medical examination and the reasons for which the health worker may refuse to admit the child to the group.
The important documents also include the curriculum according to which the pupils will study during the year. Carefully read the program and the timing of its implementation, if necessary, ask for a list of additional classes, and, preferably, immediately with the schedule and prices.
If the kindergarten has not been licensed, it means that he can and should provide his pupil only with the basic service – day care. By law, in the absence of a license, an organization in the state does not have the right to be a single specialist with a teaching position; only persons registered as individual entrepreneurs under a contract agreement can conduct classes. From a legal point of view, this situation does not contradict the law, but questions the quality of the education received.
In this case, in the contract or charter of the organization, be sure to find a list of services that are included in the notion of “supervision and care” (for example, feeding, organizing walks and sleep, leisure) and “educational services” (for example, music, painting, dancing, football, foreign languages).
Ivan Stepanov, a lawyer, a network of English kindergartens. English NurseryPrimary School: “The most interesting information for parents is the daily routine, the program of study, the possibility of additional education, menus, and so on is contained in the internal regulations of the preschool educational institution and local regulations. The charter and other documentation containing the rules governing the educational relations of a preschool educational organization must be provided to parents for familiarization, since in the event of a dispute between the parties, the information that the necessary documents were not provided to the customer, that is, the parent, may serve as a reason for the administrative responsibility of the institution for the violation, including the Law “On Protection of Consumer Rights”.
Despite the fact that the kindergarten menu is not a mandatory annex to the contract, the document should contain information on what meals and at what time are carried out in the framework of the child’s stay in an educational institution. Usually meals in kindergartens are organized in a 6-time schedule, including breakfast, lunch, lunch, afternoon tea, dinner and a second dinner. See what specifically give kids, moms and dads have the right at any time – a sample menu, approved by the organization, as a rule, is freely available to parents or issued on the first request.
If there is no kitchen in the kindergarten, be sure to ask where the children bring food from and make sure that this information is reflected in the document.
For those who suffer from food allergies, another mandatory clause in the contract will be a list of products that can cause an attack.
Please note that the contract must necessarily indicate the full cost of educational services and the procedure for their payment, as well as regulate the algorithm of actions of the parties in controversial cases, for example, when payment is delayed or classes are missed. The latter, at the moment, is one of the most controversial points in the law on education, since the circumstances of insuperable force, that is, force majeure, include only objective events, the norms classify the disease as a subjective event, therefore in most preschool educational institutions help from the doctor is not a reason for a full refund for the period of illness. Some institutions go to meet parents and prescribe in the contract the possibility of recalculating payment for food for the time the child is ill, but the organization determines the amount of this compensation independently.
To avoid disappointment, specify this point in advance.
Carefully study the paragraph on the payment of the entrance fee. Practically everywhere, under the terms of the contract, this payment is one-time and non-refundable, getting back the amount a little easier than impossible. If the text is even the slightest clue, it is worth remembering.
Those who consider a commercial educational institution not as temporary, but as a permanent measure, should know that there are also such private kindergartens, where the entrance fee is collected annually. Organizations explain this by the need for regular purchases of stationery, new pieces of furniture, as well as the use of funds received for the repair and modernization of premises.
Information that the payment must be made every year must necessarily be contained in the contract.
Particular attention should be paid to the part devoted to the mode of operation and, accordingly, the payment of the kindergarten in the summer months. If you plan to spend June, July and August with your grandmother in the village with your child, and the institution, in turn, is not going to go on vacation, then as a guarantee of safety of the place in kindergarten, you may be asked to pay for these months. The same applies to the parental leave period, unplanned vacations and other “disrespectful” reasons for missing a class.
This amount is set by the organization independently and is not regulated by the legislation of the Russian Federation, its size is sought in the contract. Do not be lazy to clarify vague wording and incomprehensible points for you, it is useful in controversial situations.
Ivan Stepanov, a lawyer, a network of English kindergartens English NurseryPrimary School: “When choosing a kindergarten, do not be lazy to find his official website on the Internet. Most parents do not even know that there must necessarily be placed all the information about the organization and the documentation governing the educational process. ”
Another important point – “The procedure for termination of the contract.” If you are the initiator of the termination, then from a legal point of view, you do not even need any grounds for this.
The only thing that is needed is the notification of the desire to terminate the contract within the time limits specified in this very clause. Kindergarten can only recover from you the actual expenses incurred at the time of the cancellation of the contract.
If you paid for the received educational services in full and notified you about your departure in advance, then you are not entitled to any additional payments, penalties and pennies. You, in turn, can count on the payment of the balance of funds that have already been deposited into the account of the organization, but in fact have not been used.
But in the case when the kindergarten itself initiates early termination of the contract, it will need not only a notification, but also the basis on which the institution refuses your child to further education. These bases, by the way, more often, can also be found in the statute. One of the most common options is when a pupil “by his action or inaction violates the rights of other pupils,” that is, interferes with the conduct of classes and other cases as prescribed by the daily routine.
However, to expel a student “under the article” teachers will need not only an honest word, but also the fact of a violation recorded in a photo or video, as well as clearly regulated information on the type and number of such actions that can serve as a reason for expulsion, spelled out in the contract.
Ivan Stepanov, a lawyer, a network of English kindergartens at the English NurseryPrimary School: “The contract should indicate not only what actions may result in its termination, but also their number. If a violation can be made only once, then everything is clear.
If the term “repeated violations” is indicated, ask for clarification on how many times this is twice or more, three or more, and so on. ”
If there is no information in the contract that interests you, you have the right to request it for review, if the moment is so principled that you insist on including an additional item in the document, then this can be done by agreement of the parties. Private educational institutions are willing to make concessions to parents, because here, unlike state gardens, moms and dads are clients, and in the formula of a successful business, the client, as you know, is always right.
Ivan Stepanov, a lawyer, a network of English kindergartens. English NurseryPrimary School: “For our part, in trying to resolve controversial issues between parents and a pre-school educational institution, we try not to bring the matter to court. It is much more important for us to preserve our business reputation, so that all possible means are used for reconciliation. ”