Features of network implementation of educational programs. Modern problems of science and education. Agreement on the network form of implementation of the educational program

Elena Belaly
Network form of implementation of the main educational program of preschool education

Introducing a child - preschooler to the world of social reality is one of the complex and important problems. In modern concepts and normative documents, social development is considered as one of the most important areas of personal development in general. Modern preschool educational organization(hereinafter referred to as the Organization) should become a center of social action in which children and adults work together on a daily basis and acquire great importance as a subject of social partnership and become a center of constructive, creative initiatives designed to develop the spiritual and intellectual potential of all participants in the pedagogical process.

For this preschool educational organizations need implement innovation of the Federal Law of December 29, 2012 No. 273-FZ "About education In Russian federation"(hereinafter referred to as Law No. 273-FZ, which is the use of .

« Network form of implementation of educational programs provides the opportunity for students to master educational program using the resources of several organizations carrying out educational activities, including foreign ones, and also, if necessary, using the resources of other organizations" (Art. 15, clause 1. Law No. 273-FZ).

Implementation (Further - Program) involves achieving a new level of interaction educational organizations with society, going beyond territorial limitations, creating "open system".

Open preschool educational organization is, first of all, "window to the world", expanding and strengthening relationships with life.

The subject of interaction is the child, his interests, development, individual characteristics, so cooperation must be built taking into account the contingent of children, the requests of parents and the public. Every pedagogical influence exerted on a child must be competent, professional, and safe.

Tasks:

1. Create conditions for the development of human resources of teaching staff in issues.

2. Ensure accessibility information educational relations.

3. Increase the competitiveness of the Organization in the market educational services.

Expected results:

1. Conditions have been created for the development of human resources of teaching staff in matters network interaction during the implementation of the Program.

2. Accessibility ensured information in this area of activity for participants educational relations.

3. Increased competitiveness of preschool educational institutions in the market educational services.

When implementing the main educational program of preschool education through a network form, it is advisable to be guided by the following principles:

Humanism – is based on increasing attention to the child’s personality as the highest value of society, setting formation active citizenship, with full intellectual, moral and physical qualities, creating favorable conditions for the development of his creative individuality;

Personally oriented - aimed at implementation individual qualities and abilities of all participants in the system “child-teacher-family-society”;

cultural conformity - understanding the world, of which the child himself is a part. In this world, the idea of a small homeland prevails - the organization of children’s life activities in the space of a multinational culture with an emphasis on its regional component;

Integration and coordination - reflects the ways of interconnected activities of all subjects of social partnership and their coordinated work;

Dialogue - aimed at optimizing the interaction of subjects of social partnership;

An active organization – aimed at uniting everyone forms social cooperation in the creation of a unified educational system.

Network form of implementation of the main educational program of preschool education as one of the directions for introducing the Federal State Educational Standard preschool education.

Organization network form of implementation of the Program is based on legal and regulatory database:

Federal Law of the Russian Federation of December 29, 2012 No. 273-FZ "About education In Russian federation";

“Sanitary and epidemiological requirements for the design, content and organization of the operating mode preschool educational organizations» (SanPiN 2.4.1.3049-13 dated May 15, 2013 No. 26);

Federal State educational standard of preschool education(Order of the Ministry education and science of the Russian Federation dated October 17, 2013 No. 1155) with comments dated February 28, 2014 No. 08-249;

The procedure for organizing and implementing educational activities for basic general education programs - educational programs for preschool education (Order of the Ministry education and science of the Russian Federation dated August 30, 2013 No. 1014);

Action plan to ensure introduction and implementation of the Federal State Educational Standard for preschool education in educational organizations of the Kostroma region implementing educational programs for preschool education;

Articles of association;

Regulations on the organization of scientific and methodological work.

When organizing network interactions, the following must be taken into account principles:

Voluntariness;

Equality of the parties;

Respect for each other's interests;

Compliance with laws and other regulations.

IN implementation of educational programs using a network form along with organizations that carry out educational activities, scientific organizations, medical organizations, cultural organizations, physical education, sports and other organizations that have the resources necessary for implementation of the Program.

It should be noted that, according to Part 2 of Art. 15 of Law No. 273-FZ, “use network form of implementation of educational programs» carried out on basis agreements between organizations.

On basis contracts, plans for interaction with each of the participants are developed, agreed upon and approved network form, as well as a joint plan that includes all participants - social partners.

Interaction with social partners is variable in nature and is built in stages. Each stage has its own goals and solves specific tasks:

The first stage is preparatory.

Target: creating conditions for organization networking for the implementation of the Program.

Tasks:

Conduct an analysis of specific conditions for introducing innovations;

Conduct an analysis of the sociocultural environment and identify participating partners network form of implementation of the basic educational program of preschool education;

Conclude agreements with participating organizations;

Develop joint plans for interaction;

Develop criteria for effective use network form of implementation of the Program;

Define forms socio-pedagogical partnership;

Develop a model network form of implementation of the Program.

The second stage is practical.

Target: creating conditions for implementation of the Program through a network form.

Tasks:

- implement measures for use network form of implementation of the Program;

Monitor the effectiveness of use network form of implementation of the Program.

The final stage.

Target: summing up social partnership.

Tasks:

Summarize and evaluate effectiveness implementation of the Program;

Determine further prospects for cooperation.

Law No. 273-FZ regulates the use of a network form for the implementation of educational programs. Previously, there was no such regulation. Thus, educational programs can be implemented both by one organization and by several interacting with each other. According to Law N 273-FZ, the network form of implementation of an educational program is understood as the interaction of an educational organization with other educational organizations, including foreign ones. The network form of implementation of educational programs implies joint activities of educational organizations using, if necessary, the resources of scientific, cultural, physical culture, sports and other organizations, including through the development and implementation of joint educational programs and curricula.

Educational organizations wishing to implement an educational program in online form must enter into an appropriate agreement between themselves containing the following information:

Type, level, focus of the educational program, which is implemented through the use of a network form;

Status of students, rules for admission to studies, procedure for organizing academic mobility of students (for main professional programs);

Conditions and procedure for carrying out educational activities;

Information about issued documents on education or qualifications, documents on training, as well as on educational organizations that issue the listed documents;

Duration of the agreement, procedure for its amendment and termination.

┌───────────────────────────────────────┬───────────────────────────────────────┐

│ Law N 3266-1 │ Law N 273-FZ │

├───────────────────────────────────────┼───────────────────────────────────────┤

│ At the legislative level, network│ Article 13. General requirements for│

│forms of implementation of educational│implementation of educational programs │

│programs are not provided. │ │

│ Applied in individual regions│ 1. Educational programs│

│Russian Federation participating in│implemented by the organization│

│KPMO (comprehensive modernization project│carrying out educational│

│education), other projects on│activities, both independently and│

│development of education │and through their network forms│

│ │implementations. │

│ │ Article 15. Network form│

│ │implementation of educational programs │

│ │ 1. Network form of implementation│

│ │network form) provides│

│ │opportunity for students to master│

│ │educational program with│

│ │using several resources│

│ │organizations implementing│

│ │educational activities, including│

│ │number of foreigners, as well as│

│ │needs using│

│ │resources of other organizations. B│

│ │implementation of educational programs with│

│ │using a network form along with│

│ │organizations carrying out│

│ │educational activities, also│

│ │scientific organizations may participate,│

│ │medical organizations, organizations│

│ │culture, physical education and sports and│

│ │other organizations with│

│ │resources necessary for│

│ │implementation of training, conducting│

│ │educational and industrial practice and│

│ │implementation of other types of training│

│ │activities provided for│

│ │appropriate educational│

│ │program. │

│ │ 2. Using the online form│

│ │carried out on the basis of an agreement│

│ │between the organizations specified in│

│ │Part 1 of this article. For│

│ │organizations for the implementation of educational│

│ │programs using network│

│ │forms by several organizations,│

│ │carrying out educational│

│ │activities, such organizations also│

│ │jointly develop and approve│

│ │educational programs. │

│ │ 3. In the agreement on the network form│

│ │implementation of educational programs│

│ │indicated: │

│ │ 1) type, level and (or)│

│ │educational focus│

│ │programs (part of educational│

│ │programs of a certain level, type and│

│ │directionality), implemented with│

│ │using a network form; │

│ │ 2) status of students in│

│ │organizations specified in part 1│

│ │of this article, admission rules for│

│ │training according to the educational program,│

│ │implemented using a network│

│ │forms, order of organization│

│ │academic mobility of students│

│ │(for students of basic│

│ │professional educational│

│ │programs) mastering│

│ │educational program implemented│

Candidate of Pedagogical Sciences, Honored Teacher of Russia, laureate of the Russian Government Prize in the field of education - “Modern management - a new management philosophy.” One of the issues that will be addressed at the webinar is the network form of implementation of educational programs of preschool educational institutions. We bring to your attention a chapter dedicated to this problem from the book by K. Yu. Belaya “Organization of innovative activities in preschool educational institutions.”

Many preschool educational institutions carrying out innovative activities, even before the Federal Law “On Education in the Russian Federation” came into force, in practice concluded agreements on network interaction with other organizations. At that time, Order No. 1123 of the Ministry of Education of Russia dated 03/09/2004 “On the organization of experimental activities in the education system” was in force, according to which one of the areas of activity of federal experimental sites is the creation and development of new structures in the education system, as well as network interaction educational organizations and educational systems (clause 2.1).

The Federal Law “On Education in the Russian Federation” clarifies issues related to the implementation of educational programs, including in online form. And if earlier this form was possible for leading preschool institutions, in which the teaching staff had great creative potential and had the status of experimental sites, now it can be widely used by various organizations.

In Art. 2 of the Federal Law “On Education in the Russian Federation” provides a definition of educational programs, and in Part 1 of Art. 13 talks about two forms of implementation of educational programs: independent and through network forms.

Currently, in the field of preschool education, great importance is attached to the network form, and the following organizations can participate in the implementation of educational programs:

carrying out educational activities;
scientific;
medical;
cultural organizations;
physical education and sports;
others who have the resources necessary to carry out training, conduct educational and practical training and carry out other types of educational activities provided for by the relevant educational program.

In accordance with Part 1 of Art. 15 of the Federal Law “On Education in the Russian Federation”, a network form of implementation of educational programs is a special type of educational activity, which provides the opportunity for students to master an educational program using the resources of several organizations carrying out educational activities, including foreign ones, as well as, if necessary, using the resources of other, non-educational organizations.

Heads of preschool educational institutions, who have identified the goals of developing their organization and improving the quality of the educational process, strive to build partnerships with other organizations using a network form of implementation of educational programs. If a priority area is identified and implemented in the educational program of a kindergarten, for example, artistic and aesthetic or physical education and health, then a network form of interaction is built with the organization that has the appropriate resources (an art museum or a sports school, respectively).

Consequently, using a network form of implementation of the educational program, this preschool educational institution can solve several problems, including:

rationalization of the use of financial resources by integrating the potential of several organizations to solve a common problem that meets the interests of all parties to the agreement;
better implementation of a partial program in the chosen area of the educational program;
improving the quality of education;
creating a diverse development environment through the use of property of other organizations, etc.

If we talk about the interaction of preschool educational institutions with museums, then conducting excursions for preschoolers on topics related to the implementation of the educational program in practice is the most common form of interaction. Let's give an example. An art museum as an independent educational center has the following tasks: to instill in a child an interest in art - a living source of spiritual perfection, a source of creative thought and activity; to form an aesthetic attitude and active perception of cultural values.

The possibility of museums participating in a network form is legitimate, since the charters of most of them have the following goal: “carrying out educational, research and educational activities.” Of course, before concluding an agreement on the interaction of organizations, a lot of preparatory work must be carried out, both in the preschool educational institution and in the museum. For example, teachers study the basics of museum pedagogy, become familiar with the content and technology of implementation of the partial program “Russian House” (G.N. Panteleeva and L.V. Panteleeva), and select topics for classes in the halls of the museum of decorative and applied arts. In kindergartens, mini-museums can be created in which thematic exhibitions, expositions, etc. are planned.

In this work, museum staff can help teachers with advice, and when preparing to conduct excursions for preschoolers, they study the age characteristics and psychological and pedagogical capabilities of children of this age.

For example, the joint work of teachers and staff of the Moscow Museum of Decorative, Applied and Folk Art showed that children can perceive and evaluate the real and the imaginary in a form accessible to them. These contacts stimulate the creative needs of children and expand their cultural range. At the same time, adults enrich their aesthetic interest and pedagogical skills in communication with museum staff and the treasures of art museums, which helps convey the love of art and the significance of the cultural heritage of their people to preschoolers.

It is also important to network with scientific organizations and universities that can provide training in educational programs of postgraduate professional education, as well as in educational programs of additional professional education (DPO). Preschool educational institutions enter into agreements on network interaction with a university or scientific organization to conduct consultations for their teachers, joint conferences, various methodological events, and sometimes even organize additional training for educators.

By interacting with universities, preschool educational institutions provide internship opportunities for students. A kindergarten, operating within its competence, has the right to choose certain mechanical

systems for implementing educational programs and organizing interaction with various partners. For example, interaction with a medical organization can significantly improve the activities of preschool educational institutions when implementing adaptive educational programs for children with disabilities.

The Federal Law “On Education in the Russian Federation” (Part 4, Article 41) states that organizations engaged in educational activities, when implementing educational programs, create conditions for protecting the health of students, including ensuring:

current monitoring of the health status of students;
carrying out sanitary and hygienic, preventive and health measures, training and education in the field of protecting the health of citizens in the Russian Federation;
compliance with state sanitary and epidemiological rules and regulations;
investigation and recording of accidents involving students during their stay in preschool educational institutions.

These areas of activity can be effectively implemented in interaction with a medical organization within the framework of an agreement on the network form of implementation of educational programs.

An important point in organizing all work is document flow.

The use of the network form of implementation of educational programs is carried out on the basis of an agreement between organizations.

At the same time, the parties to the agreement jointly develop and approve the educational program (Part 2 of Article 15 of the Federal Law “On Education in the Russian Federation”).

The heads of these organizations draw up an agreement taking into account the available resources that will be used in the network form of implementation of the educational program. The latter is reflected in the documentation of the preschool educational institution: the development program, the text of the educational program and methodological documentation. At meetings of the parent council, the advantages of the network form of implementing the educational program are explained. If necessary, parents give consent to carry out this work. As a rule, preschool directors are guided by Art. 44, clause 1, part 3 of the Federal Law “On Education in the Russian Federation”, which stipulates the rights of parents (legal representatives) of minor students.

When implementing an educational program in a network form, the quality of activity of each of the participants in network interaction increases.

In pursuance of the order of the Government of the Russian Federation under paragraph 4 of section I of the protocol of the meeting of the presidium of the Council under the President of the Russian Federation for the implementation of priority national projects and demographic policy dated May 20, 2014 No. 38 and in order to improve the quality of the educational process, the Ministry of Education and Science of Russia directs the organization of the educational process at network forms of implementation of educational programs (hereinafter referred to as Methodological Recommendations).

The Russian Ministry of Education and Science asks you to report problems that arise when using the above.

Application: 26 l. in 1 copy.

5. Recommendations for the development and implementation of educational programs by an organization carrying out educational activities, using the resources of other organizations, including those carrying out educational activities (hereinafter referred to as the option of using the resources of other organizations)

In this variant of organizing a network form, the educational program is implemented by one organization carrying out educational activities (hereinafter referred to as the base organization), but using the resources of other organizations, including those carrying out educational activities (for example, scientific organizations, medical organizations, cultural organizations, physical culture and sports and others organizations) (hereinafter referred to as the partner organization). These organizations present their material and technical base and other resources, primarily for conducting educational and practical training.

If the partner organization for the implementation of the network form of the educational program is an organization that does not carry out educational activities, then as a resource it is necessary to consider the type of activity of the partner organization that corresponds to the profile of the educational program, with participation in which the student can gain the necessary professional experience. At the same time, the conditions for the formation of practical experience provided by another partner organization (personnel, production and technological, organizational and managerial, information and others) cannot be reproduced by the organization carrying out educational activities.

If an agreement on a network form is concluded between organizations engaged in educational activities, then students are admitted to one of the organizations engaged in educational activities in accordance with the established procedure for admission to the relevant educational programs. Other organizations carrying out educational activities and participating in the network form implement the part of the educational program stipulated by the contract (provide educational services) in relation to the specified students and send the necessary information to the base organization for credit for mastering the relevant disciplines (modules) and practices.

A document on education and (or) qualifications for students based on the results of mastering an educational program in online form in this option, as a rule, is issued only by the base organization. Partner organizations can issue students with a certificate of training or period of study according to a model established by them independently.

An example agreement (an option for using the resources of other organizations) is given in Appendix 2.

Within the framework of the option of using the resources of other organizations, a number of models for organizing a network form can be identified, which is not exhaustive.

5.1. A model for including modules of educational programs of other organizations engaged in educational activities.

The simplest options for implementing a network form of mastering educational programs include a program that involves a kind of “purchase” of one (one) or several disciplines (modules), which are implemented in similar educational programs of other educational organizations.

Such an educational program is approved by the base organization, but it must be agreed upon with the partner educational organization.

In this option, a ready-made discipline (module) of the partner organization is included in the program of the base organization. The base organization, on the basis of contractual relations, sends its students to master a given discipline (module) to a partner organization, and then counts the results, mastery and corresponding labor input towards mastering its program.

Such an educational program can also be implemented when organizing virtual academic mobility, when individual modules are mastered in a partner organization using exclusively e-learning or using distance educational technology.

5.2. The “individual choice” model.

Another model for using the resources of other organizations is a model with an expansion of the number of project participants, conventionally called “individual choice.” This model provides a wider field for the formation of individual trajectories due to the variable part of the educational program and by expanding the number of modules that are implemented at the student’s choice.

The student is given the right to independently choose the module (discipline) he needs to study in another, including a foreign educational organization.

In this case, the number of project participants may be more than two, but agreements must be concluded with each of the partner organizations.

This approach makes it possible to implement educational programs at the intersection of various areas of professional activity. When building such educational programs, it is especially important, first of all, to attract scientific and pedagogical resources from various educational organizations.

As in the previous case, educational programs can be implemented on the basis of virtual academic mobility (if there are virtual analogues for the modules of the variable part of the educational program).

In this case, interuniversity online course catalogs can be used to select modules. The choice of a course in the catalog may be the basis for its inclusion in the student’s individual curriculum. In this case, the certificate of study can be an electronic certificate, which the student receives upon completion of the course and which is the basis for crediting the results of its mastery by the educational organization implementing the educational program.

State final certification in the case of using the above model and issuance of a document on education is carried out in the organization carrying out educational activities in which the student is enrolled.

If a student is enrolled in both organizations carrying out educational activities, and successfully completes the educational program and passes the state final certification procedures in these organizations, the student receives two documents on education and qualifications.

5.5. “University-enterprise” model.

This model includes educational programs in the implementation of which organizations that do not carry out educational activities (for example, scientific organizations, research institutes and centers, industrial partners) participate. These organizations provide their material and technical base and other resources to carry out, first of all, the practical part of the educational process, including educational and practical training.

The educational program is developed and approved by the educational organization in agreement with the partner organization.

The easiest to implement is the inclusion in the educational program of disciplines (modules) that are implemented using the potential of industrial enterprises. Potential here means not only the scientific and technological base, but also the intellectual contribution of the enterprise’s leading specialists to the design and implementation of a network educational program.

This option is especially relevant for a practice-oriented bachelor's degree, for a specialty, for a technological master's degree, and, possibly, for graduate school. A feature of such programs is their focus on production and (or) scientific and technological activities, which, along with applied research work, also includes experimental design, design and survey activities and involves elements of implementation activities.

In this process, the participation of teaching staff and current specialists of the enterprise, carriers of current technological information, is equally important. In the process of joint learning of students, mutual enrichment occurs between teachers and teachers - they are immersed in the real topics of professional activity, as well as enterprise specialists - the latter master modern scientific approaches to the research and optimization of technological processes, new approaches to design, modeling and construction.

This model is especially actively used in the training of engineering and technical personnel and has many different types of implementation, depending on the direction of training and the development of the relevant industrial production. It is very promising to organize training in a master’s program using the R&D center of an industrial enterprise as a network partner, since these structures are forming promising areas of technology development and new lines of competitive products. It is in R&D centers that there is a maximum need for young, highly qualified specialists capable of unconventional thinking and solving atypical creative problems. In this environment, the training of highly qualified specialists is most effective.

Especially when the task of broad training is set, several industrial enterprises with advanced technologies can be involved in the network form of implementation of educational programs. Each participant in the network process is responsible for their own structural element of the educational program and achieves the stated learning outcomes. At the same time, there is a joint area of responsibility regarding the formation of assignments for final qualifying work and the protection of the results of this work.

5.4. Model “basic organization - academic institute - enterprise”.

The model operates effectively where it is possible to connect specialist or master’s programs to the network, in addition to enterprises in whose interests, as a rule, graduates are trained, and scientific organizations. Using the potential of scientific staff of academic institutions in the educational process, which is based on solving problems of real production through project-based learning, significantly expands training opportunities. The existing fundamental developments of scientists are activated in the process of joint work to solve the assigned educational problems. Such interaction develops into joint research and the implementation of their results in professional activities. Students' participation in this process forms the qualities necessary for innovative professional activity.

6. Status of students in network forms of implementation of educational programs

Based on the results of admission, students are enrolled in an organization carrying out educational activities to study an educational program in online form.

Students are not expelled for the period of stay in another organization, since the specified stay is part of an educational program implemented in an online form for which students are enrolled.

Partner educational organizations implement the part of the educational program provided for in the agreement and send the necessary information to the educational organization for issuing intermediate certification in the relevant disciplines (modules) and practices.

A document on education and (or) qualifications is issued to a student by the organization and according to the educational program in which he was accepted for training. Mastering part of the educational program in another educational organization is confirmed by a certificate of training.

The implementation of the educational program in online form does not affect the period for mastering the educational program, which is established in accordance with the Federal State Educational Standard.

Full-time students in organizations carrying out educational activities under state-accredited educational programs, including those implemented online, have the right to a deferment from conscription for military service in accordance with Part 2 of Article 24 of the Federal Law of March 28, 1998. No. 53 “On military duty and military service” during the period of mastering the specified educational programs, but not beyond the deadlines for obtaining education established by the Federal State Educational Standard.

Payment of scholarships, financial assistance and other monetary payments provided for by the legislation on education to students in an educational program in an online form assigned to the student’s enrollment organization does not stop during the student’s stay in other organizations participating in the implementation of educational programs in an online form.

By decision of other organizations participating in the implementation of the network form, students in the program or its disciplines (modules) and practices may be awarded an additional scholarship or other monetary payments in the manner determined by the local regulations of these organizations.

State final certification of educational programs implemented online and the issuance of a document on education and qualifications to the graduate is carried out in the general manner established for students of the educational organization in which he was enrolled.

The inclusion of representatives of the partner organization in the certification commissions, as well as the timing of the state final certification for integrated educational programs, are regulated by partner universities independently.

Annex 1

Sample Integration Option
educational programs

Agreement
on the network form of implementation of the educational program

Organization carrying out educational activities No. 1, on the basis of a license dated __________, No. _________, issued by __________________________________________________________, represented by _______________________, acting on the basis of __________, hereinafter referred to as “Organization No. 1”, and Organization carrying out educational activities No. 2, on on the basis of a license dated ______________ No. _____________________, issued by _____________________________________, represented by _______________________, acting on the basis of _____________________, hereinafter referred to as “Organization No. 2,” hereinafter collectively referred to as the “Parties,” have entered into this Agreement as follows:

1. The Subject of the Agreement

Organization No. 1 and Organization No. 2 implement an educational program

____________________________________________________ (Further -

educational program) using a network form.

The educational program is developed, approved and implemented by the Parties jointly.

2. Status of students

2.1. The parties implement the educational program in relation to students accepted in accordance with the procedure established by law for training under it.

In Organization No. 1, students are _______________________.

In Organization No. 2, students are _______________________.

2.2. The list of students is agreed upon by the Parties by concluding an additional agreement no later than ________________ days before the start of the educational program.

The total number of students in the Educational program is _____ people.

2.3. Every six months, in accordance with the academic calendar, the Parties send each other a certificate of the results of the intermediate certification of students, including test (examination) statements, on the basis of which the Parties evaluate the results of students’ mastery of disciplines (modules) ____________________________.

3.1. The educational program is implemented by Organization No. 1 at the expense of

____________________________________________________________

3.2. The educational program is implemented by Organization No. 2 at the expense of

____________________________________________________________.

(budget allocations from the federal budget, budgets of constituent entities of the Russian Federation, local budgets, funds from individuals and legal entities under agreements for the provision of paid educational services - indicate as necessary)

3.3. Mutual payments for the implementation of the educational program by the Parties are determined in additional Agreements to this Agreement (this clause is provided for if necessary).

4.1. Organization No. 1 implements an educational program in terms of disciplines (modules) _________________.

Organization No. 2 implements the Educational program in terms of disciplines (modules) _________________.

4.2. When implementing part of the educational program provided for. of this Agreement, the Parties use the necessary resources to ensure the quality of the educational services provided that meets the requirements established by federal state educational standards.

4.3. Organization No. 1 based on the results of mastering the educational program and passing _______________________________________________________

issued to students ___________________________________________________.

Organization No. 2 based on the results of mastering the educational program and passing _____________________________________________________________________

(indicate final certification or state final certification)

issued to students _________________________________________________.

(indicate the name of the document on education and (or) qualifications)

5. Responsibilities of the Parties

5.1 The parties are obliged to:

5.1.2 Familiarize students with their charters, licenses to carry out educational activities, certificates of state accreditation, and other documents regulating the organization and implementation of educational activities, the rights and responsibilities of students during the implementation of the educational program.

5.1.5. Provide the other Party with certificates on the results of the Student’s mastery of parts of the educational program, including test (examination) statements, in accordance with clause 2.3. actual agreement.

6. Duration of the Agreement

6.2. The implementation of the educational program under this Agreement begins in the year __________.

6.3. The Agreement was concluded by the Parties for an indefinite period (option: for a period of _______).

7. Responsibility of the Parties

8.2. In case of changes in addresses and payment details, the Parties undertake to notify each other about this within ____________________.

9. Details and signatures of the Parties

Appendix 2

Sample use case
educational programs

Agreement
on the network form of implementation of the educational program

Organization carrying out educational activities No. 1, on the basis of a license dated ________________, No. ________, issued by ___________________________________________________, represented by ________________________, acting on the basis of _________, hereinafter referred to as “Organization No. 1”, and Organization No. 2, represented by _________________________, acting on the basis of ______________________, hereinafter referred to as “Organization No. 2”, hereinafter collectively referred to as the “Parties”, have concluded this Agreement as follows:

1. The Subject of the Agreement

Organization No. 1 implements an educational program

____________________________________________ (Further -

(type, level and (or) direction are indicated)

educational program) using the resources of Organization No. 2 in online form.

The educational program is developed and approved by Organization No. 1.

2. Status of students

2.1. The parties implement an educational program in relation to students accepted in accordance with the procedure established by law for training under it in Organization No. 1

In Organization No. 1, students are _____________________________.

In Organization No. 2, students are ______________________________.

2.2. The list of students is agreed upon by the Parties by concluding an additional agreement no later than ___________________ days before the start of the educational program.

The total number of students in the Educational program is ____people.

3. Financial support for the implementation of the educational program

3.1. Organization No. 2 provides resources, and Organization No. 1 pays for their use in the implementation of the educational program in online form under the terms of this Agreement.

3.2. Mutual settlements between the Parties for the use of the resource of Organization No. 2 as part of the implementation of the educational program are determined in additional Agreements to this Agreement.

4. Conditions and procedure for carrying out educational activities during the implementation of the educational program

4.1. Organization No. 1, when implementing the educational program, uses the following resources of Organization No. 2 _____________________________________________. (The list of resources, volume, terms and periods of use of resources within the framework of the implementation of the educational program can be determined in the annex to this Agreement)

4.2. When implementing the educational program provided for in paragraph

4.1. of this Agreement, resources are used to ensure the quality of the educational services provided that meets the requirements established by federal state educational standards.

4.3. Organization No. 1 based on the results of mastering the educational program and passing ____________________________________________________________

(indicate final certification or state final certification)

issued to students _____________________________________________________.

(indicate the name of the document on education and (or) qualifications)

Organization No. 2 based on the results of using the resources provided. of this Agreement are issued to students ________________________________________________.

(certificate of training or period of study is indicated)

(this paragraph is included in the contract if Organization No. 2 is an organization engaged in educational activities).

5. Responsibilities of the Parties

5.1 The parties are obliged to:

5.1.1 Implement part of the educational program specified in. of this Agreement independently;

5.1.3. Create the necessary conditions for students to master part of the educational program;

5.1.4 Show respect for the personality of students, avoid physical and psychological violence;

5.1.5. Provide the other Party with certificates on the results of the Student’s mastery of the educational program, including test (examination) statements (this clause is included in the agreement if Organization No. 2 is an organization engaged in educational activities).

5.1.6. During the implementation of part of the educational program, bear responsibility for the life and health of students.

6. Duration of the Agreement

6.1. The agreement comes into force from the moment of its signing.

6.2. The implementation of the educational program under this Agreement begins in the year __________________.

6.3. The Agreement was concluded by the Parties for an indefinite period (option: for a period of ______).

7. Responsibility of the Parties

7.1. In case of non-fulfillment or improper fulfillment of obligations, the Parties are liable in accordance with the legislation of the Russian Federation.

7.2. The parties are released from liability for partial or complete failure to fulfill obligations under the Agreement if such failure is a consequence of force majeure circumstances (force majeure): natural phenomena (earthquakes, floods), wars, revolutions, restrictive and prohibitive acts of government bodies directly related to to the implementation of this Agreement. These circumstances must arise after the conclusion of the Agreement, be of an extraordinary, unforeseen and unpreventable nature and not depend on the will of the Parties.

7.3. The Party for which it is impossible to fulfill its obligations under this Agreement must immediately notify the other Party in writing of the occurrence and termination of the above circumstances, attaching the relevant supporting documents.

7.4. In the event of force majeure circumstances, the deadline for fulfilling obligations under the Agreement is postponed in proportion to the time during which such circumstances and their consequences will remain in effect.

8. Procedure for changing and terminating the agreement

8.1. The conditions under which this Agreement is concluded may be changed by agreement of the Parties or in court on the grounds provided for by the legislation of the Russian Federation.

8.2. In case of changes in addresses and payment details, the Parties undertake to notify each other about this within __________________.

8.3. This Agreement may be terminated by agreement of the Parties or in court on the grounds provided for by the legislation of the Russian Federation.

9. Details and signatures of the Parties

Document overview

We are talking about training using the resources of several educational organizations, including foreign ones, as well as other companies (if necessary).

The online form is not required. It is applied only in cases where it is required to ensure the required level of training for graduates and is appropriate.

A number of advantages of this form have been noted. For example, the exchange of best practices in personnel training is intensifying. The boundaries of students' awareness of available educational and other resources are expanding.

The status of students in this form has been determined.

Sheveleva Natalia Alexandrovna– Doctor of Law, Professor, Head of the Department of State and Administrative Law of St. Petersburg State University;
Lavrikova Marina Yurievna– Candidate of Legal Sciences, Vice-Rector for Educational and Methodological Work of St. Petersburg State University;
Vasiliev Ilya Alexandrovich– Candidate of Legal Sciences, Associate Professor of the Department of Theory and History of State and Law, St. Petersburg State University

Annotation:

The article examines the current state of legal regulation of the use by Russian educational organizations of a network form of implementation of educational programs. The use of a network form in the educational process is due, on the one hand, to the discretion provided by the legislator in choosing network interaction partners, subject to compliance with contractual principles, and also, on the other hand, to clarifications in the law enforcement practice of using real models.

Keywords:

education, network form, implementation of educational programs, cooperation in the educational field, innovations in educational activities, Russia, Russian Federation.

Federal Law No. 273-FZ “On Education in the Russian Federation” (hereinafter referred to as the Federal Law “On Education in the Russian Federation”), among innovative institutions of educational activity, provided for the right to implement educational programs in network form. Earlier in our articles, we dwelled in detail on the issue of the sufficiency of the existing legal regulation and possible additions to this institution. In this publication we will consider different approaches to interpreting the goals of using a network form and the possibilities of achieving such goals.

The network form of implementation of educational programs, as follows from the provisions of Art. 15 of the Federal Law “On Education” is aimed at expanding the capabilities of an educational organization to use the resources of another organization, both carrying out educational activities and pursuing other constituent goals (as an option - a business company). A wide range of entities, including Russian and foreign educational organizations, as well as other business entities, at first glance, provides discretion to a specific educational organization to choose a network partner. Indeed, legislative regulation limits the participation of an organization in network interaction with an educational organization only by the availability of resources necessary for training, educational and practical training and other types of educational activities provided for by the relevant educational program. The availability of such resources is determined by the educational organization as the initiator of the network form, since the determination of the necessary resources for educational programs is not so much the right of such an organization, but rather an obligation, the implementation of which is verified during the licensing procedure for educational activities and with the subsequent supervision of the competent public authority. However, law enforcement practice also provides examples of clarifying the range of subjects possible for a network form. In particular, for specific professional training programs for vehicle drivers, individual entrepreneurs who carry out the educational process personally cannot participate in its implementation as trainers (industrial training masters), which means individual entrepreneurs who directly carry out educational activities cannot be classified as organizations provided for in Part 1 of Art. 15 of the Federal Law “On Education in the Russian Federation”.

At the same time, the broad discretion we have highlighted in choosing a partner for the network form of implementing an educational program receives an interesting development in individual acts regulating certain areas of professional activity.

For example, Order of the Ministry of Health of Russia dated November 11, 2013 No. 837 “On approval of the Regulations on the model for developing the basic principles of continuous medical education of specialists with higher medical education in organizations carrying out educational activities under the jurisdiction of the Ministry of Health of the Russian Federation, with the participation of medical professional non-profit organizations “in the provisions of paragraph 6, it proposes to involve in interaction not only “other educational organizations,” but also public professional organizations. From the text of the order it follows that public professional organizations are understood as medical professional non-profit organizations, which is due to the implementation of a model for developing the basic principles of continuous medical education of specialists with higher medical education in organizations carrying out educational activities under the jurisdiction of the Russian Ministry of Health. Participation in the network partnership, along with educational organizations, and medical professional non-profit organizations is aimed at mutually beneficial cooperation to promote and implement additional professional development programs. But, as reasonably follows from the provisions of the order in question, such interaction can acquire legal grounds only if an agreement on the network form is concluded, the essential conditions of which are listed in Art. 15 of the Federal Law “On Education in the Russian Federation”. The special attention of the Russian Ministry of Health to the network form when developing the basic principles of continuing medical education is emphasized by the consolidation in the implementation schedule of the model of the clause on concluding agreements on the network form.

Situations related to the conclusion and execution of an agreement on a network form are also presented in law enforcement practice. Thus, the absence of an agreement on the network form during the actual implementation of educational programs in this form is considered as a violation of licensing requirements when carrying out educational activities (specifically, paragraph “d”, paragraph 7 of the Regulations on licensing of educational activities, approved by Decree of the Government of the Russian Federation of October 28, 2013 No. 966) Such a violation also causes another deviation from the regulations, in this case – from the requirements of Art. 15 of the Federal Law “On Education in the Russian Federation” on the availability of jointly developed and approved educational programs. The position of an educational organization interacting within the network form regarding the sufficiency of fulfilling licensing requirements by another network interaction partner is assessed as a misconception. In the process of implementing an educational program in online form, all participating educational organizations must follow the requirements of licensing educational activities (starting with the requirement to have a license directly). Violation of licensing requirements by one of these organizations creates grounds for bringing to administrative liability in accordance with the Code of Administrative Offenses of the Russian Federation.

The presence of an agreement on the network form between interaction partners is also a prerequisite for changing the scope of duties performed by teaching staff and (or) researchers. At the same time, the use of this form of implementation of educational programs is considered by the legislator (Part 2 of Article 54 of the Federal Law “On Education in the Russian Federation”) as a mandatory condition of the agreement between the educational organization and students, which is confirmed in law enforcement practice.

A different emphasis in determining the circle of subjects of network interaction is placed in the Order of the Government of the Russian Federation dated June 17, 2016 No. 1257-r

“On approval of the Concept and action plan (“road map”) for the implementation of the Concept of creating a territorially separate innovation and production center “InnoKam”. As follows from the provisions of this act, in the interests of the petrochemical industry, the network form is designed, on the principle of a closed list, to unite only Russian educational organizations of higher education for the purpose of training personnel for the enterprises of the InnoKam Center. The educational and methodological basis for pooling resources by organizations is a unified curriculum, which involves the use of basic modules and variable modules. Basic modules are implemented by each educational organization participating in the network partnership, while variable modules involve the use of academic mobility of teachers and students. Also, the network form of implementation of educational programs can be used when using the main vector of modernization of the vocational education system of the InnoKam Center, namely the development of a network of resource centers that involve the use of resources of educational organizations and vice versa. Based on the network form, it is possible to implement other principles underlying the development of the mentioned Center. In particular, the interaction of educational and research centers and enterprises. Another option is to create, based on the network partnership model, basic departments in partner enterprises of educational and research centers. At the same time, the variety of models for using the network form in the Order under consideration does not imply a substitution for the diversification of scientific, design and educational fields of activity, but is an example of the development of the provisions of Art. 15 of the Federal Law “On Education in the Russian Federation” on the discretion of an educational organization in choosing network interaction partners. At the same time, membership of an educational organization in a corporate non-profit organization is not considered in law enforcement practice as an analogy to an agreement on a network form of implementation of educational programs.

At the same time, when using various models of the network form of implementing educational programs, the question inevitably arises about the role of educational standards in fixing network partnerships. In law enforcement practice, one can find a substantiated position on the need to assess the content of the federal state standard regarding the responsibilities of the parties to network interaction in implementing the relevant educational program. For example, if an educational standard provides for the use of a set of resources, material, technical, educational and methodological support provided by organizations participating in a network partnership, then the implementation of an educational program in a network form must use such resources (and the parties to the agreement on the network form, in turn, are obliged provide such resources). The need to comply with the terms of the agreement on the network form with the requirements of the provisions of Part 3 of Art. 15 of the Federal Law “On Education in the Russian Federation” is noted in law enforcement practice. At the same time, the parties to the network partnership have the right to determine the features of the use of various resources not only on the basis of the agreement on the network form, but also on the basis of the network interaction regulations agreed upon and adopted on its basis, named in the provisions of the agreement. This approach becomes known thanks to existing law enforcement practice.

In the practice of using the network form of implementation of educational programs, the model of basic departments can also be traced in the Order of JSC Russian Railways dated March 11, 2014 No. 618r “On basic departments of universities of railway transport in the structural divisions of branches of JSC Russian Railways”. The creation, reorganization and liquidation of a basic department is based both on organizational actions that are within the scope of decisions of the educational organization (order of the rector based on the decision of the academic council of the organization) and on the fact that the organization has concluded an agreement on the creation of a basic department. The second party to the agreement is the functional branch of JSC Russian Railways. At the same time, it is the base department that ensures the implementation of the curriculum within the network form, as follows from clause 6 of the Order. Thus, in relation to educational organizations of railway transport, an agreement on a network form cannot be covered by an agreement on the creation of a basic department, since the subject of the latter is to supplement the structure of an educational organization, while an agreement on a network form is aimed at distributing the rights and responsibilities of the parties in the implementation of educational programs.

Another example of using the right to implement educational programs in a network form is associated with the positioning of such a form in the charters of educational organizations. As follows from the charter of the federal state budgetary educational institution of higher education "St. -Petersburg State Chemical and Pharmaceutical Academy" of the Ministry of Health of the Russian Federation"), the network form is considered in the context of the international activities of the academy (clause 6 of section 11 of the charter). Consequently, the educational organization has chosen from the possible options for the content of the network form only interaction with foreign educational organizations, which is not only acceptable, but can also be noted as an example of the correct interpretation of what is provided by the provisions of Art. 15 of the Federal Law “On Education in the Russian Federation” the right of discretion when determining specific subjects of network partnerships.

It can be noted that the legislator provided for a wide range of subjects for an educational organization to choose as its partner in the network form of implementation of educational programs. However, such discretion, due to the specifics of individual educational programs, may be subject to interpretation in law enforcement practice, excluding individual entrepreneurs in the specific case of professional training of vehicle drivers from the number of possible subjects of the network form. At the same time, the detailed content of the network form, in relation to certain educational programs, can be determined not only by judicial practice, but also by educational standards (federal state educational standards and educational standards of educational organizations), as well as by the charters of educational organizations. In the latter case, the normative consolidation of only one type of subjects for network interaction (for example, foreign educational organizations as the implementation of the international direction of the organization’s activities) does not formally limit the right of such an educational organization to choose subjects of interaction from among Russian legal entities.

The contractual basis for the implementation of network interaction is also developing in law enforcement practice, emphasizing not only the inclusion in the agreement on the network form of the mandatory conditions listed in the provisions of Part 2 of Art. 15 of the Federal Law “On Education in the Russian Federation”, but also legitimizing the possible development of the contractual form (for example, in the regulations for the implementation of network partnerships adopted on the basis of the agreement on the network form). However, when creating basic departments (and implementing other network form models, we note), the agreement on the network form of implementation of the educational program is not the basis for organizing the department in the structure of the educational organization, since it is aimed at regulating another subject of interaction between subjects. Such an agreement is secondary to the agreement on the creation of a basic department and complements the cooperation plan by resolving the issue of distribution of rights and responsibilities of the parties in the implementation of specific educational programs.