The public services portal of Moscow region published a form for enrolment of children in the first grade. It is indicated in the from that for school enrolment a child must possess a temprorary or permanent registration in Moscow region. This is a direct violation of the Constitution and the Federal Law “On Education”, which says, that the lack of registation can not be a ground for refusal.
As it’s indicated in the enrolment form, parents or legal representatives have the right to apply for admission of a child to a first grade. And a child “should possess a permanent or temporary registration in Moscow region.” The full list of required documents contains “certificate of child’s registration at the place of residence or at the place of stay in the fixed territory or a document, containing information about child’s registration at the place of residence or at the place of stay in the fixed territory.”
Civic Assistance Committee considers this condition сontradicting the Article 43 of the Constitution of the Russian Federation, the Convention on the Rights of the Child and the Russian Federation Law “On Education”, which states that every child has the right to education. This form contradicts also the decision of the Supreme Court dated August 27, 2015, which explicitly states: “The lack of the mentioned documents (child’s registration at the place of residence or at the place of stay as well as the documents, confirming parents’ right to stay in Russian Federation), which presentation in complimentary to a personal application of child’s parent, can not be a ground for denial of admission of a child to an educational organisation if available.”
“In our view, it is a vivid demonstation of the misinterpretation of the Ministry of Ediucation order №32, dated January 22, 2014, ” said Konstantin Troitsky, who is in charge of access to education issue in Civic Assistance Committee. “This interpretation ignores the decision of the Supreme Court; the violation of the right to education is obvious. Registation is a condition to child’s admission to school, and even if it is not expressed directly, the lack of registration will lead to denial in admission. We have already faced this problem at the Moscow portal of public services. And now we see it in the region, which seems to follow the example of Moscow.”
Civic Assistance Committee plans to draw officials’ attention to this new issue and to request the explanation of Ministry of Education. We plan to appeal cases of denial of school admission.
“Before, the statistics of requests in our organisation were dominated by Moscow families. The number increased after the issue of the order №32 and the start of children’s admission using electronic applications, ” added Konstantin Troitsky. Now, with the introduction of the new automated system in Moscow region we expect the increase of requests from the region. Before, the misinterpretation was demonstrated only by certain Departments of Education, like, for example, in Noginsk, where we faced great difficulties. And usually we were able to solve problems, adressing directly to headteachers, clarifying the position of the Supreme Court and the Ministry of Education. Paradoxically, we did this, not the Ministry of Education, but these measures helped.”
By Elena Srapyan, Civic Assistance Committee