Can teachers yell at students. Does the teacher have the right to raise their voice to the student. How to protect a child from aggression and inappropriate teacher behavior

Does the teacher have the right to yell at the student? Is it legal? Many parents are interested in the answers to these questions. Of course, the teacher has no right to raise his voice to the student, this is illegal. In addition, every student has the right to respect for his dignity and to be protected from personal abuse. You will learn more about all this in the article.

A little about the main thing

Does the teacher have the right to shout at the student? The answer in this case will be negative. Moreover, for a child, such an attitude and behavior of the teacher can become a real psychological trauma and discourage the child from attending the lessons of this teacher. Is it good? Of course not, but how to deal with it?

If a child complains to his parents that the teacher treats him badly and constantly raises his voice, then the legal representatives need to take measures to protect their child. To do this, the parents of the student need to meet and talk with the teacher. If the situation is not resolved after talking with the teacher, you need to contact the school principal. The latter, as a leader, must solve this problem. This must be remembered.

The reason for the conflict

Sometimes children become so unmanageable that the teacher is simply forced to raise his voice to them. However, the latter, as a person with higher education, it doesn't paint at all.

Once again, I would like to return to the question of whether the teacher has the right to shout at the student. By law, no. But if the child does not understand the calm tone, prevents his classmates from gaining knowledge, then sometimes the teacher simply does not hold back and begins to shout. Children then complain about the teacher to their parents and do not want to go to school.

Before parents begin to find out the cause of the conflict with the teacher, they should talk to their child and find out how everything really happened. Maybe the student himself insulted the teacher, and he answered him in a raised tone, it is possible that this happened because of the student's bad behavior, and the teacher could not restrain himself. And only after talking with your child should you go to school to talk with the teacher. The latter is obliged to explain to the student's mom and dad why this happened. This is the only way to find out the real reason conflict between the two sides of the educational process.

For information

Here again I would like to answer the question of many citizens about whether the teacher has the right to shout at the student. The answer will be no.

In general, psychologists say that an increase in tone occurs for two reasons:

lack of self-esteem;
fear.

Nevertheless, a person who has chosen the profession of a teacher must learn to cope with such internal conflicts without becoming personal and shouting. This must be remembered.

In addition, the teacher is the main participant in the educational process. It is the latter who chooses the format of communication within the team, being in the lesson.

A good teacher can become a real mentor for a child, and a raising tone teacher, on the contrary, kills the craving of children to acquire new knowledge in their subject.

Therefore, an adult who yells at students out of his own impotence and inability to cope with emotions is unlikely to be able to become an authoritative person for them to be equal to. This must be taken into account.

So it was before and it is now

The current adult generation still remembers the days when the teacher knocked on the blackboard, his desk with a pointer and could calmly yell at the student and kick him out of the class during the lesson for bad behavior. Yes, it was like that before. Many modern teachers still behave this way. But is it legal?

Does the teacher have the right to shout at the student? Such actions on the part of the teacher are illegal. What should the child's parents do in this case? Only complain. First, you need to contact the director and ask the teacher to check for professional suitability and ability to work with children.

In addition, if a teacher insulted a student, he can be prosecuted under Article 5.61 of the Administrative Code. This must be remembered.

Legal regulations

Does the teacher have the right to shout at the student? Of course not. The Constitution guarantees each person not only the right to receive education, but also the protection of the honor and dignity of the individual. If the teacher does not understand this, he needs to explain it in a delicate way. Or by contacting a higher authority.

The Federal Law "On Education" also does not allow teachers to show their emotions and shout with children. What kind of teacher is this if he cannot even cope with himself and find a common language with the student?

In addition, as mentioned earlier, if a teacher humiliated a student, insulted him with indecent words, he must be held accountable under the Code of Administrative Offenses. And then demand compensation for moral harm from the teacher if the student suffered real moral suffering. Therefore, parents need not to close their eyes to the fact that the child does not want to go to the lesson to this teacher, but to actively act and defend their innocence.

general characteristics

Does the teacher have the right to shout at the student? The law prohibits doing this. After all, if a student does not understand what the teacher is talking about, then the latter must explain to him in such a way that he understands.

Every teacher must understand that he will not achieve knowledge from a child through psychological pressure. On the contrary, the student will do everything in order not to attend the classes of the person who causes him a feeling of fear and irritation. In addition, such behavior and attitude of the teacher can discourage the craving for knowledge even in the most intelligent and gifted child. Parents should be aware of this.

Questions that arise

Does the teacher have the right to shout at the student? The RF Law "On Education" says that a student has the right to observe guarantees for respect for his honor and dignity, protection from insults and violence. Thus, it must be said once again that the teacher does not have any authority to raise his voice to the child. All parents whose children study in schools, lyceums, colleges need to know this.

Does the teacher have the right to yell at a 1st grade student? Of course not. In this case, it does not matter what age and in what class the child is studying. The teacher must give knowledge to children. That is why all schoolchildren attend this educational institution. And not to listen to the screams of teachers who cannot properly convey the educational material to the children. This is the whole point.

To the stated

Parents should protect and help their child, and not scold for the fact that the latter does not want to study and attend school. There is always a reason for this.

After all, if a child at school constantly hears the shouts of a teacher, then he is unlikely to want to go there again. This must be taken into account.

Does the teacher have the right to yell at the student at school? Of course not. Moreover, the teacher violates in this case the child's rights given to him by law. Such behavior of the teacher should be punished.

In our country

Does the teacher have the right to shout at the student? In Russia, such behavior of a teacher is illegal and unacceptable.

Besides, in recent times the prosecutor's office began to receive complaints from the parents of schoolchildren, who complain that teachers exceed their official powers and not only shout at children, but sometimes use physical force. Is it legal? Of course not.

For such actions, teachers are prosecuted not only administratively but even criminally. Nothing goes unpunished.

Conclusion

Does a teacher have the right to shout at a student by law? The answer to such a question is negative. Moreover, the parents of schoolchildren in this case should seek help from the school principal and solve a similar problem.

After all, a teacher should be a mentor for children, and not cause fear and irritation in them. Otherwise, even the most capable child simply will not want to study and go to such a teacher for lessons.

What if the teacher systematically “jokingly” calls the child names, referring, for example, to his external data? If he is clearly and intentionally unfair to a particular student? Does a teacher have the right to publicly criticize, ridicule students? How to deal with unethical teacher behavior?

Currently, the legislation does not define specific requirements for the professional behavior of general education teachers. As a rule, educational institutions approve codes of professional ethics for teachers with their own local regulations.

The Right to Respect for Human Dignity at School

The student has the right to respect for human dignity, protection from all forms of physical and mental violence, personal insults, protection of life and health ().

The teacher is obligedcomply with legal, moral and ethical standards, follow the requirements of professional ethics; respect the honor and dignity of students and other participants in educational relations ().

The teacher has no right:shout at children, raise a hand, insult his dignity, humiliate him in front of his classmates, punish a child in an inhumane way. In the event of a disciplinary violation by a student, the teacher must be guided by the Charter of the school and resolve the issue with the parents and the school administration.

What should parents do if the teacher allows himself to offend the student?

Step one. If the teacher is ready for dialogue, can help personal conversation.You can explain to the teacher that your child is not used to screaming and you think that such measures of influence are unacceptable.

Step two. Write an appeal addressed to the school director(it can be both individual and collective), list the facts and circumstances that violate the rights of students to respect for honor and dignity and ask to take action in relation to the teacher, or bring to disciplinary responsibility.

So that your complaint is not perceived as a slander, and your child is not guilty, try to involve other parents. They probably have similar problems. The complaint to the principal signed by the parents of the class is very effective method... The director does not ignore such an appeal - he is obliged to conduct an internal investigation and has the right to bring the teacher to disciplinary responsibility.

Step three. Submit an application to the Conflict Resolution Commission.Such a commission should meet at each school and consider the applications received. The appeal can be sent both on behalf of the students and on behalf of the parents. Parents must be members of the commission.

Step four.Going to court, prosecutor's office, police, the inspection for the control of education may follow both after the disciplinary proceedings, and in cases where disciplinary proceedings were not conducted or during this proceedings, the behavior of the teacher described by you was not established.

If it is not possible to correct the situation, the parent can raise the question of transferring the child to another class or to another teacher. The order of transfer and other organizational issues related to the activities of the school should be reflected in the Charter of the general educational institution... Parents have the right to familiarize themselves with all documents that regulate the activities of the school and affect their rights.

Effects

After establishing the facts of the teacher's unprofessional and unethical behavior, you have the right to demand:

1) bring to disciplinary responsibility, up to and including dismissal (when contacting the school administration or the dispute settlement commission);

2) bring to administrative or criminal responsibility (when contacting the police, prosecutor's office, inspection for control over education);

Administrative responsibility. Insult, that is, humiliation of the honor and dignity of another person, expressed in an indecent form - entails the imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles; on officials - from 10,000 to 30,000 rubles; on legal entities - from 50,000 to 100,000 rubles. (Article 5.61. Code of Administrative Offenses)

3) to compensation for moral damage (when applying to the court with a claim to recover from the teacher and the school).

In any case, it is worth raising the issue of insults, since even the teacher will not be punished, it is possible that his behavior will still be influenced by the fact that there are complaints, or a conversation with the director face to face.

Quotes from the law:

The dignity of the individual is protected by the state. Nothing can be a basis for belittling it.

paragraph 1 of article 21 of the Constitution Russian Federation

The student has the right to respect for human dignity, protection from all forms of physical and mental violence, personal insults, protection of life and health

The teacher is obliged to comply with legal, moral and ethical standards, to follow the requirements of professional ethics; respect the honor and dignity of students and other participants in educational relations.

Intangible goods

1. Life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, home inviolability, personal and family secrets, freedom of movement, freedom of choice of place of stay and residence, citizen's name, authorship, other intangible benefits belonging to a citizen from birth or by virtue of law, are inalienable and non-transferable in any other way.

2. Intangible benefits are protected in accordance with this Code and other laws in the cases and in the manner prescribed by them, as well as in those cases and limits in which the use of methods of protecting civil rights (Article 12) follows from the essence of the violated intangible benefit or personal non-property the rights and nature of the consequences of this violation.

In cases where the interests of the citizen so require, the intangible benefits belonging to him can be protected, in particular, by recognizing by the court the fact of violation of his personal non-property right, publishing a court decision on the violation committed, as well as by suppressing or prohibiting actions that violate or create a threat of violation personal non-property rights or infringing or creating a threat of encroachment on an intangible good.

Article 150 of the Civil Code of the Russian Federation

Insult, that is, humiliation of the honor and dignity of another person, expressed in an indecent form - entails the imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles; for officials - from ten thousand to thirty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.

Increased tone is a signal of two possible emotional disorders: self-doubt or fear. But a person who has chosen teaching as a profession of life must deal with such internal conflicts without getting personal or screaming. The teacher is the main participant in the learning process, it is he who determines the format of interaction within the team. He can become a model and mentor for the child, or he can kill all interest in the subject and study in general. An adult who cannot cope with emotions and from powerlessness yells at children is unlikely to become an authority for a group of teenagers.

Words hurt

Alexander Kuznetsov, President of the Association of Child Psychologists and Psychiatrists, believes that dislike for the teacher is a common reason for absenteeism. Think back to your college days, how many pairs were missed because of a boring or arrogant university teacher. In young children, the same logic works: avoid interacting with the irritant by everyone possible ways... This is especially true for those teachers who not only did not find a common language with the student, but also verbally offend him. And this is not the worst thing that can happen to a child's psyche. Unreasonable shouts of teachers and attempts to humiliate the student in front of the class can lead to serious disorders that a person will carry throughout his life.

How to get out of the conflict

Each parent knows their child and will be able to understand whether the raising of the tone was justified or not. Of course, there is no situation in which the teacher has the right to humiliate the student.But sometimes teenagers do everything to provoke an adult to cry. There are several options for getting out of a conflict situation:

Analyze the situation together with representatives of the school administration (director, head teacher, psychologist) and solve it in accordance with the labor and ethical codes;

Contact the school government to determine the source of the conflict and resolve the situation peacefully (in other words, interview students and, if the child was wrong, conduct an educational conversation with him);

Try to have a conciliatory conversation with the teacher and student, because often in a situation, both opponents are wrong.

In situations like this, it's hard to say who is right and who is wrong. There is usually a lot of pressure on teachers because of the special training requirements, and each parent chooses to be an advocate for their child. Teach your child never to negotiate with a screaming adult, and to discuss any misunderstandings at school with mom or dad - they will help to sort out the conflict.

The son of my friend has been coming home all over the place lately. The adolescence period is already hard, but here the teacher got into it, constantly breaks down and screams. The guy is also not silent, in the end it comes to the director's office and calling the parents to school.

Everyone suffers from the protracted conflict, and first of all the child who has abandoned the subject and basically does not teach it. The question arises: how should the teacher behave and does he have the right to raise his voice to the student under any circumstances? More about this.

To put the question directly, the answer is unequivocal - no. The teacher cannot even speak in a raised voice with the student. This is uneducated and unacceptable. So why is this happening then?

Reasons for raising the teacher's voice

Children often become so uncontrollable that it is problematic to cope with them, and it is impossible to teach a lesson. The teacher doesn’t know how to maintain discipline and shouts. Naturally, no one listens to him, and some students also start to make fun of him.

Respect for the teacher and his work is practically not instilled in children today. This is a parental flaw.

If the teacher constantly behaves aggressively, then gradually he discourages the desire to love his subject and teach him. By his behavior, he inflicts psychological trauma on the child.
But sometimes the child himself methodically provokes the teacher into a scandal and purposefully disrupts the lesson, feeling his impunity. This can happen for various reasons and depends on upbringing, family and other things.
There are teachers who consider it normal to communicate in a raised voice in the classroom, since they began their careers back in Soviet times, when with a pointer it was possible to walk around the classroom and shout, even kick the child out the door with a shout. Such methods no longer work in the 21st century - children, the world and teaching methods have changed.

If there is a conflict based on the teacher's shouting at children, then parents need to go to school and understand the reasons. But at home, be sure to have a conversation with the child.

If he is guilty, behaves disgustingly, is rude, disrupts lessons, then it is necessary to start not from school, but from the offspring. There are reasons for this behavior: lack of attention, love, adolescence, and so on.

If you understand that something incomprehensible is happening to the teacher, then you need to talk to him. If the conversations do not help, there is no result, then each parent has the right to go to the headmaster and complain.

The psychological side of the issue

It is not uncommon for a young teacher to feel completely defenseless in the classroom. Children very subtly "grasp" this insecurity and inexperience and begin to use it - to mock, disrupt lessons, behave just awful, sometimes openly insult the teacher.

In psychology, it is believed that a person begins to shout or even raise his voice for several reasons:

Uncontrollable feeling of fear.
Uncertainty in their abilities, inability to control the situation.

However, a teacher is a profession that requires maximum concentration and the ability to manage emotions. Internal conflicts that every person has, in this case should not spill out on others, and even more so on students.

Moreover, the teacher should be an example and show how to talk and look. What standards of decency exist, how to communicate with women, what can be said to a girl and what cannot be said to anyone. The teacher instills in the child the norms of communication in society. He just goes to school - and already at work.

The teacher is rightfully the main one in the lesson, he chooses the teaching style. The communication format in the class should also be under his control. If this does not work out, then you must first work on yourself, look for reasons, and only then go to teaching.

It should be understood that authority can be lost forever if an adult cannot cope with adolescents or students of a different age. He not only will not be able to teach children, but will also discourage them from hunting for his subject.

Unambiguously, screaming is not acceptable in educational institution from the teaching staff. If the cases are repeated, then you need to go to the school administration and understand the issue, write a complaint and ask to re-certify and check the teacher's professional suitability.

Are there laws?

According to the Constitution, every person not only has the right to receive education, but also the protection of dignity and honor. First of all, a child is a person, and the state is obliged to protect and preserve him, especially while he is in a state educational institution.
This must be said to the teacher at the first or subsequent conversations. It is possible that such facts will convince him to restrain his emotions and behave in a balanced manner.
There is also an Education Act that prohibits educators from treating children in an inappropriate manner, let alone shouting or insulting and humiliating in front of the entire class. This is anti-pedagogical.
If there are irrefutable and proven facts that the teacher insulted the student, then he can be brought under Art. 5. 65 of the Administrative Code.
You can also demand moral compensation if what the teacher said brought the child serious suffering and psychological trauma.
In addition, in recent years in Russia, cases have become more frequent when parents file complaints and claims to the prosecutor's office, as teachers not only raise their voices, but also use physical force. And this is no longer administrative, but criminal liability.

Parents should not turn a blind eye to the situation if their child does not want to go to school. While the son or daughter is complaining, action must be taken to protect them.

If this is not done, then the child begins to skip and protest against the negative attitude with his own childish methods. It doesn't matter if he is 10 or 16 years old. Mom and Dad are obliged, together with teachers, to ensure a happy childhood and a decent educational process for the child.

Conclusion

The teacher has no right under any circumstances to raise the tone and shout at the students. If he cannot cope with the discipline in the class or clearly explain the subject, then it’s time to change the profession.
Before going to school for a conversation, parents should first discuss the conflict situation with the child. To draw conclusions, you need to listen to both sides.
If the teacher is to blame, then the parents have the right to complain to the school management and to get them to take action. Otherwise, the child's broken psyche will be the price to pay for the indifference of adults.

1. Does the teacher have the right to shout at the student for not fulfilling homework?

1.1. Hello! Not. But parents must educate the child so that the assignments are completed. You can prepare a complaint to the prosecutor's office, you can send it through its website. Specifying specific articles of the law is optional. The appeal is drawn up in free form. Attach the relevant documents (if any) and evidence to the complaint. The prosecutor's office will check and if the violation of your rights is confirmed, they will take action.

1.2. Good evening! This is the "mildest" possible offense. In this case, parents can contact both the teacher and the school management directly. However, ordinary communication may not take effect, and if such an appeal continues, the parents should notify the education authorities of the municipality. In this case, such authorities will investigate and impose a penalty. For such a misconduct, the teacher is threatened with disciplinary measures in accordance with the labor code. These include - reprimand, disciplinary action.

1.3. Good day! The teacher has no right to speak in a raised voice with the student! You can apply to the director of an educational institution or to the Department of Education, but first, talk to the teacher, find out what's what.