Consider educational practice in your country. Do you see a tendency to accept ALL students of a certain age or grade level? Or are studentsnot being accepted because of certain physical or cognitive conditions, or race/ethnicity? Examine the implications and consequences ofacceptance and non-acceptance.
Educational practice in the Russian Federation
According to Article 43 of the Russian Constitution (n.d.), everyone has the right to education. The State guarantees universally accessible and free pre-school, basic general and secondary vocational education in state or municipal educational establishments and enterprises.Any citizen of the Russian Federation may receive free higher vocational education in a state or municipal educational institution on acompetitive basis (non-citizens may pay a fee). Basic education is compulsory. Parents or persons in loco parent is ensure that their children receive basic education. The Russian Federation sets federal state educational standards and supports various forms of education and self-education.
In the Russian Federation, there is a tendency to admit all pupils of a certain age or level of preparation to schools.
State policy in the sphere of education is based on the following principles:
respect for human rights and freedoms;
unity of thefederal educational space (hence federal standards), subject to taking into account regional national traditions and peculiarities (federal standards may be supplemented by a regional component) and taking into account the specific specialisation of aparticular higher education institution (higher education institutions may have a university component);
general accessibility ofeducation;
adaptability (adaptability) of the education system to the peculiarities of the development and training of studentsand pupils (e.g., in preschool education);
secular nature of education in state and municipal educational institutions (there arealso religious educational institutions in Russia, which now have the right to issue their official documents recognised by the state, and state and municipal institutions may teach various disciplines of religious studies electively);
freedom and pluralism of education (it isprimarily a question of academic freedom and familiarisation of students with different scientific views);
democratic, state-public character of education management and autonomy of educational institutions (Статья 43 Конституции РФ, n.d.).
Is it possible to ban the admission to educational institutions of pupils who do not speak Russian?
In 2023, Valery Fadeyev, head of the Presidential Council for the Development of Civil Society and Human Rights, said that centres should be set up to teach Russian to children from migrant families and that children who do not speak Russian should not be admitted to Russian schools. "Today, the law does not allow not to admit children to school. So we need to change the law. And there should be two circumstances in the law - not to admit children to school who do not know Russian, and the same law should require the teaching of Russian language in a specialised centre" (Глава СПЧ предложил запретить принимать в школы детей без знания русского языка, 2023).
State Duma deputy Mikhail Matveev (Для детей мигрантов не введут экзамен по русскому языку, n.d.) also suggested that children of foreign citizens should be obliged to check their knowledge of Russian before being admitted to schools. According to Matveev, school authorities should refuse to admit a child if he or she does not know Russian well enough. Otherwise, the deputy believes, migrant children will disrupt the educational process. He suggests that parents should be made responsible for learning the language.
In response to Matveev's proposal, the Ministry of Education recalled that the Constitution and legislation of the Russian Federation guarantee everyone's right to education.
When can there be a refusal of a school place?
The only legal reason for refusal is lack of available places.
As a general rule, admission to a state or municipal school may be refused only for lack of available places (Ефремовна, 2023) . If thereare no places in the school chosen for the child, the Ministry of Education is obliged to offer the child a choice of one or more schools assoon as possible. The Education Act stipulates that parents have the right to choose the school of their choice, regardless of the child'splace of residence and registration.
In this way, each child receives his or her first document confirming the level of education - a school certificate. It is possible to graduate after 9th or 11th grade or to choose further education. After that, this document becomes the key to a profession in colleges and universities. Students who did not pass the exams after the ninth grade and did not receive a certificate, as well as those who left school after only eight grades, can enrol in colleges and technical schools for vocational specialities. Their list is defined by the Order of theMinistry of Education of the Russian Federation dated 14.07.2023 N 534 (2023). This includes such industries as aviation, automotive,nuclear, furniture production, coal mining and processing, oil and gas extraction, processing and transportation, and many others. However, not all educational institutions with specialisations from the approved list accept applicants without a certificate of completion of nine grades. In addition, the acquisition of a working specialisation under such programmes is not considered as the next level of education.
In conclusion, the right of the child to education in the Russian Federation is guaranteed by the Constitution, enshrined in legislation and ensured by the Ministry of Education of the Russian Federation. Even children from migrant families or even foreign citizens can obtain the right to education. And even if, for some reason, a pupil does not complete his or her schooling, he or she can count on obtaining a job in many fields, which may put him or her in a more economically advantageous position in relation to the labour market than those who have completed all their schooling and several years of higher education.
References
Глава СПЧ предложил запретить принимать в школы детей без знания русского языка . (2023, August 16). Ведомости.
https://www.vedomosti.ru/society/news/2023/08/16/990409-glava-spch-predlozhil-zapretit-prin
imat-shkoli-detei
Для детей мигрантов не введут экзамен по русскому языку . (n.d.). Агентство социальной информации. Retrieved June 22, 2024,from
https://asi.org.ru/news/2024/03/22/minprosveshheniya-ne-budet-vvodit-ekzamen-na-znanie-rus
skogo-yazyka-dlya-detej-migrantov/
Ефремовна, Х. И. (2023). “Мест нет” и “вы тут не прописаны”! Могут ли отказать в приёме в школу? | Автор Халецкая И.Е.Доступное Право.
https://dostupnoepravo.ru/articles/541-mest-net-i-vy-tut-ne-propisany-mogut-li-otkazat-v-priem
e-v-shkolu#:~:text=%D0%9F%D0%BE%20%D0%BE%D0%B1%D1%89%D0%B5%D0%BC%D1%83%20%D0%BF%D1%80%D0%B0%D0%B2%D0%B8%D0%BB%D1%83%20%D0%B2%20%D0%BF%D1%80%D0%B8%D0%B5%D0%BC%D0%B5 Приказ Министерства просвещения
Российской Федерации от 14.07.2023 № 534 ∙ Официальное опубликование правовых актов . (2023). Pravo.gov.ru.
http://publication.pravo.gov.ru/document/0001202308150007?ysclid=loyilx9n7o556973362
Статья 43 Конституции РФ . (n.d.).Конституция РФ. Retrieved June 22, 2024, from