The article analyzes the right to education under international legal acts of a universal and regional character. It sets forth a common for the majority of international legal acts pattern (structure) of consolidation of the right to education and considers the correlation of its basic elements, namely the role of the state and parents in education of children. In connection with discussion of the draft new law «On education in the Russian Federation» (further on, the draft Law) some its provisions are analyzed from the point of view of international legal norms, and in comparison with the current Russian and foreign legislation. The article includes specific proposals, which are recommended for inclusion in the draft Law.