Educational organization on one's own develops and adopts local regulations containing norms governing educational relations, and in addition, how employer, adopts local regulations containing the norms labor law governing labor relations, within their competence in accordance with the law Russian Federation in the manner prescribed by its articles of association.
We bring to your attention a fragment of the seminar "Requirements of the Federal Law" On Education in the Russian Federation "to the charter and local acts." Conducted by Aleksey Ivanovich Lomov, Honorary Worker of General Education of the Russian Federation, Deputy Editor-in-Chief of the journal “Administrative work practice at school”, expert of the information portal 273-FZ.rf
Video (7 min.) Can be expanded to full screen!
To provide legitimacy of local acts in their adoption, the following principles must be strictly observed:
· no one can be limited in their rights and freedoms granted by the current legislation and normative acts of the municipal level (Article 55 of the Constitution of the Russian Federation);
any local acts affecting the rights, freedoms and obligations of students, their parents (legal representatives), employees of the PA cannot be applied if they are not presented for public review (not brought to their attention) (Article 15 of the Constitution of the Russian Federation);
· the exercise of the rights and freedoms of students, their parents (legal representatives), employees of the PA must not violate the rights and freedoms of other persons (Article 17 of the Constitution of the Russian Federation);
· all are equal in the enjoyment of rights and freedoms and in the performance of duties (Article 19 of the Constitution of the Russian Federation);
· when adopting local regulations affecting the rights of employees, in the manner and in the cases provided for by labor legislation, it is necessary to take into account the opinion of the representative bodies of employees of the NGO (if any) (part 4 of article 30 of the Law);
· when adopting local regulations affecting the rights of students, it is necessary to take into account the opinion of the council of students and the council of parents (if any) (part 4 of article 30 of the Law);
the norms of local regulations should not worsen the situation of students or employees educational organization in comparison with the established legislation on education and labor legislation (part 4 of article 30 of the Law).
Legislatively there are no established requirements for the execution of local acts, despite the presence of GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Requirements for paperwork”, approved by the Decree of the State Committee of the Russian Federation for Standardization and Metrology dated March 3, 2003 No. 65-st, since it is advisory in nature. Therefore, when preparing school documentation, it is enough to strive to avoid contradictions with the requirements of this GOST. There is no single list of LNA, which must be in every public association, and cannot be!
Among the local regulations (hereinafter - LNA), which should or can be in the OO, 3 groups can be distinguished:
1) LNA, the type and name of which are fixed by law, and which must be in every PA;
2) LNA, which should regulate the procedure, procedure, rules, etc. prescribed by law, the type, name and number of which the PA determines independently;
3) LNA, the presence of which is not prescribed by any legislative acts, the presence of which the PA determines independently by virtue of its autonomy (Part 1, Article 28 of the Law).
The first group of LNA includes:
The third group includes, for example, LNA, which regulate:
the procedure for using seals (if there are several of them in the OO);
· Creation necessary conditions to protect and promote the health of students;
the work of the governing bodies of the NGO;
the work of student associations;
work of workers' associations;
work of associations of parents (legal representatives) of students;
organization of various events.
Thus, a single list of LNA, which must be in every OO, no, it can't be!
Each NGO independently determines the list of LNA regulating its activities based on their characteristics. The main thing is that this list should be sufficient, that is, providing legal regulation of all areas of the NGO's activities.
The role of local acts of an educational organization in addressing issues of prevention of childhood injuries
Explanatory note
A local act is a legal document (act) based on the norms of legislation, adopted in the prescribed manner by the competent management body of the organization and regulating intra-organizational relations.
In accordance with articles 28, 30 of Federal Law No. 273-FZ "On Education in the Russian Federation", an educational organization adopts local regulations within its competence in accordance with the legislation of the Russian Federation in the manner established by its Charter.
Purpose of data guidelines- to help the administration of educational organizations and pedagogical workers responsible for the prevention of child injuries, create local acts that will help ensure the creation of safe conditions in an educational organization and conduct preventive work to prevent accidents among students.
The concept of a local act
The main purpose of a local act is to detail, specify, supplement, and sometimes supplement the general legal norm in relation to the conditions of a particular educational organization, taking into account the characteristics and specifics of labor relations, educational process and other conditions.
The local act should embody the following features:
1. A local act regulates relations only within a separate organization. “An educational organization adopts local regulations containing norms governing educational relations, within its competence in accordance with the legislation of the Russian Federation in the manner established by its charter” (clause 1, article 30 No. 273-FZ). Local acts cannot regulate relations that develop outside the educational organization.
2. A local act is developed taking into account the laws and by-laws of the Russian Federation, the region, as well as legal regulations of local governments.
3. A local act of an educational organization is an official legal act, a written document that must have all necessary details: name, date of publication, registration number, signature of an authorized person, types of approval, seal of an educational organization (if necessary).
4. For the development and adoption of a local act, it is necessary to involve all subjects of educational relations, which makes it possible to form a high culture of their implementation.
When adopting local regulations affecting the rights of students and employees of an educational organization, the opinion of student councils, parent councils, representative bodies of students, as well as in the manner and in the cases provided for by labor legislation, representative bodies of employees (if there are such representative bodies) is taken into account ( paragraph 3 of article 30 No. 273-FZ). The division of powers between the participants of the formation is determined by the Charter.
Types of local acts
There are a lot of types of local acts, for convenience they can be classified according to the following criteria:
1) in order of importance:
- mandatory - the composition of such local acts is determined by labor and civil legislation. The Labor Code of the Russian Federation, the law "On Education in the Russian Federation" contain a direct indication of the adoption of such documents (for example, Articles 189 and 135 of the Labor Code of the Russian Federation, Article 52 of the Civil Code of the Russian Federation, Article 30 of the Law "On Education in the Russian Federation");
- optional - such documents are not directly provided for by law, the organization adopts local acts at its discretion (for example, the Regulations on the organization of children's recreation);
2) by scope:
- general, applicable to the entire organization (for example, the Internal Labor Regulations);
- of a special nature, concerning certain issues (for example, the Regulations on structural divisions, the Regulations on specialized offices);
3) in a circle of persons:
- applicable to all employees of the organization (for example, the Internal Labor Regulations);
- extending to a certain category of participants in legal relations (Rules of conduct for students in an educational organization).
Individual local acts are used for legal registration specific management decision and are designed for single use. For example, orders to impose a penalty, to encourage, etc.;
4) by validity period:
- repeated and long-term (until replacement, application, invalidation) application (for example, the Charter of an educational organization, job descriptions of employees, regulations on management bodies, structural divisions, etc.);
- with a certain period of validity (for example, a duty schedule).
Local acts of an educational organization are issued (adopted) in various forms (decree, order, decision, instruction; regulation, rules) and can regulate various aspects of the life of an educational organization (Appendix No. 1).
Principles for issuing local regulations:
1. Legality. Local regulations must not contradict the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, regulatory legal acts of federal executive bodies, laws and other regulatory legal acts of the constituent entities of the Russian Federation, acts of local governments.
2. Validity. An educational organization should develop only those local regulatory legal acts that are necessary and (or) mandatory (the adoption of which is mandatory in accordance with the law).
3. Democracy. The group of developers of the act should include various representatives of the participants in educational relations interested in its adoption, and be formed taking into account the professionalism and experience of the candidates.
4. Consistency. This principle requires that the local normative act be organically linked with other local normative acts of the educational organization, do not duplicate the norms of existing acts, do not contain gaps and contradictions.
Structure and content of local regulations
The structure and content of local acts depend on the range of issues in respect of which it is necessary to adopt such acts.
Conventionally, the structure of local acts can be divided into the following parts:
– general provisions: list of regulated issues; normative legal acts, in accordance with which the local act is adopted; categories of persons subject to the local act;
- the main part: the rights and obligations of the employee and employer, administration, teaching staff and students and their parents; procedures not defined by law; actions of the parties, terms, responsibility, etc.;
- final provisions: the time of entry into force of a local act, a list of local acts or individual provisions that terminate with the adoption of a new act.
Local acts may contain applications relating to issues reflected in these acts.
When writing the text of a local act, one should be guided by the norms of the “Unified Documentation System. Unified system of organizational and administrative documentation. Documentation requirements. GOST R 6.30-2003.
Development of local regulations
The procedure for the development of local acts is not legally established, so the organization determines it independently.
Conventionally, the procedure for developing local acts can be divided to the following stages:
1. Identification of issues on which the development and approval of a local act is required. In practice, such a need is revealed during meetings, meetings, meetings of the pedagogical council.
2. Determining the stages and terms for the development of a local act. In practice, the leader establishes them when discussing issues in respect of which the development and approval of a local act is required.
3. Creation of a working group to develop a local act. Such a group may consist of representatives of the administration, the teaching staff, the parent committee, the public council, the student council.
4. Preparation of a draft local act.
5. Approval of the draft local act. On this stage the project must be agreed with the members of the working group and other interested parties.
For example, in an organization there was a problem related to the scope of powers of the duty administrator and the duty teacher. In this case, it is advisable to develop and adopt job descriptions for the duty administrator and the duty teacher.
Familiarization of subjects of legal relations with local regulations
According to part 2 of Art. 22 of the Labor Code of the Russian Federation, employees must be familiarized against signature with all local acts adopted in the organization and directly related to their labor activity.
In accordance with paragraph 4 of Art. 9 of the Federal Law of July 24, 1998 No. 124-FZ “On the Basic Guarantees of the Rights of the Child in the Russian Federation”, in places accessible to children and their parents, the texts of the Charters and internal regulations of organizations are posted.
If a local act concerns students, their parents, it must be brought to their attention. It is advisable to acquaint students and their parents with local acts upon admission to an educational organization, at a general or class meeting. If the student and his/her parent, in their application or otherwise, have communicated their email address, then you can send the text of the local act by e-mail. Such a local act must be placed on an accessible stand in an accessible format, on the Internet.
There are several ways to confirm the fact that employees are familiar with local acts:
1. Signature of the person on the familiarization sheet. His last name, first name, patronymic and date of familiarization must also be indicated. This sheet is attached to each local act, numbered, stitched and sealed with the seal and signature of the official.
2. The signature of the person on a separate document - a journal for familiarizing employees, students and their parents with local acts. Unlike the familiarization sheet, this magazine provides for the possibility of familiarization with several local acts.
3. The signature of the person on the familiarization sheet, which is an annex to the employment contract, to the materials of the student's personal file.
Change of local regulations
An educational organization has the right to make changes to local acts:
- in connection with the entry into force or change of legislation in the field of education, a law or other regulatory legal act containing labor law norms, a collective agreement, an agreement;
- at your own discretion. In this case, it is important that the adopted local acts do not worsen the position of employees, students, their parents in comparison with labor legislation, legislation in the field of education, collective agreements, agreements (part 4 of article 8 of the Labor Code of the Russian Federation).
Changes are made in the same order in which the local act was developed and approved initially.
Cancellation of local regulations
The grounds for termination of a local act or its individual provisions are:
- expiration (this situation is possible if the period of its validity was determined during the development of a local act);
- the entry into force of a law or other regulatory legal act regulating legal relations in the field of education or containing labor law norms, a collective agreement, an agreement, when these acts establish a higher level of guarantees for employees compared to the current local act.
Placing materials on the official website of the educational organization
According to part 2 of Art. 29 of the Federal Law "On Education in the Russian Federation", an educational organization ensures openness and accessibility:
1) information:
a) on the date of establishment of the educational organization, on the founder, founders of the educational organization, on the location of the educational organization and its branches (if any), mode, work schedule, contact numbers and addresses Email;
b) on the structure and management bodies of the educational organization;
c) on ongoing educational programs indicating the subjects, courses, disciplines (modules), practices provided for by the relevant educational program;
d) on the number of students in ongoing educational programs at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets and under education agreements at the expense of individuals and (or) legal entities;
e) languages of education;
f) on federal state educational standards, on educational standards (if any);
g) about the head of the educational organization, his deputies, heads of branches of the educational organization (if any);
h) about the personnel teaching staff indicating the level of education, qualifications and work experience;
a) the charter of the educational organization;
b) licenses to carry out educational activities(with applications);
c) certificates of state accreditation (with attachments);
d) a plan for the financial and economic activities of the educational organization, approved in accordance with the procedure established by the legislation of the Russian Federation, or the budget estimate of the educational organization;
e) local regulations provided for in Part 2 of Art. 30 of the Federal Law "On Education in the Russian Federation", internal regulations for students, internal labor regulations, collective agreement;
3) a report on the results of self-examination;
4) a document on the procedure for the provision of paid educational services, including a sample contract for the provision of paid educational services, a document on the approval of the cost of education for each educational program;
5) instructions of the bodies exercising state control (supervision) in the field of education, reports on the implementation of such instructions;
6) other information that is posted, published by decision of the educational organization, and (or) placement, the publication of which is mandatory in accordance with the legislation of the Russian Federation.
The adoption of local acts is not a super complicated procedure, but it is an opportunity to prevent or overcome difficulties arising from the relationship between participants in the educational process, to prevent accidents with students, teachers and employees of an educational organization.
Local acts stabilize relations, exclude disputes, violations, help to manage, build relations in a civilized way, help to take part in lawmaking.
Literature:
1. Bolotova, E. L. Pedagogical activity in the new Law "On Education in the Russian Federation" / E. L. Bolotova // Public Education. - 2013. - No. 6. - P. 44–52.
2. Vavilova, A. A. Change legal regulation in the field of education / A. A. Vavilova // Leader's Handbook educational institution. - 2013. - No. 2. - P. 5–17.
3. Methodological recommendations for heads of educational organizations on the implementation of the Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation" / A. V. Koptelov, M. I. Solodkova and others - Chelyabinsk: CHIPKRO, 2013. - 132 p.
4. Letter of the Ministry of Education and Science of the Russian Federation dated March 28, 2013 No. DL-65/08 "On establishing requirements for students' clothing."
5. "Labor Code of the Russian Federation" No. 197-FZ dated December 30, 2001 (as amended on July 3, 2016) (as amended and supplemented, effective from October 3, 2016).
6. “Unified Documentation Systems. Unified system of organizational and administrative documentation. Documentation requirements. GOST R 6.30-2003 "(approved by the Decree of the State Standard of Russia dated 03.03.2003 No. 65-st).
7. the federal law"On Education in the Russian Federation" No. 273-FZ of December 29, 2012.
Application No. 1
Forms of local acts
Resolution - a local regulatory or individual legal act containing the decision of the collegial governing body of an educational organization.
An order is a local regulatory or individual (administrative) local act issued by the head to solve the main and operational tasks facing the educational organization. For example, orders on the approval of the internal regulations of the school, the internal regulations of students. As a rule, orders approve and put into effect local regulations, adopted in the form of regulations, instructions and rules.
A decision is a local legal act adopted by a general meeting of employees (students, their legal representatives) to exercise the right to participate in the management of an educational organization. For example, the decision of the pedagogical council, the decision of the general meeting.
Regulation - a local normative act that establishes legal status the governing body of the educational organization, the structural unit of the educational organization or the basic rules (order, procedure, regulations) for the implementation by the educational organization of any of its powers.
An instruction is a local normative act that establishes the procedure and method for carrying out, performing something. The instruction defines the legal status (rights, duties, responsibilities) of an employee in his position, safe working methods. The most common types of instructions are job descriptions for employees of an educational organization, instructions for labor protection and safety.
Rules - a local normative act regulating the organizational, disciplinary, economic and other special aspects of the activities of an educational organization and all participants in educational activities. An example of this type of local acts can be the internal labor regulations, the internal regulations of students.
Application No. 2
An indicative list of local regulations of educational organizations related to the prevention of accidents and injuries in accordance with the Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation"
1. Rules of internal labor regulations for students (including requirements for clothing) - subparagraph 1 of paragraph 3 of Article 28: the competence of an educational organization includes the development and adoption of internal regulations for students.
2. Internal labor regulations - subparagraph 1 of paragraph 3 of Article 28: the competence of an educational organization in the established field of activity includes the development of internal labor regulations.
3. Regulations on the organization scientific and methodological work- subparagraph 20 of paragraph 3 of Article 28: the competence of an educational organization in the established field of activity includes the organization of scientific and methodological work, including the organization and holding of scientific and methodological conferences, seminars.
4. Regulations on the organization of consulting, educational activities, activities in the field of health protection and other activities that do not contradict the goals of creating an educational organization - paragraph 5 of Article 28: an educational organization has the right to conduct consulting, educational activities, activities in the field of protecting the health of citizens and other activities that do not contradict the goals creation of an educational organization, activities, including the organization of recreation and rehabilitation of students during vacation time.
5. The mode of study of students - paragraph 2 of Article 30: the educational organization adopts local regulations on the main issues of organizing and implementing educational activities, including those regulating the mode of study of students.
6. Regulations on the application to students and removal from students of disciplinary measures (on the basis of the procedure established by the federal executive body) - paragraphs 4–12 of Article 43: for non-fulfillment or violation of the charter of an organization engaged in educational activities, internal regulations, rules of residence in dormitories and boarding schools and other local regulations on the organization and implementation of educational activities, disciplinary measures may be applied to students - a remark, a reprimand, expulsion from an organization engaged in educational activities.
7. Requirements for clothes of students (clause 18, article 28 of the Federal Law “On Education in the Russian Federation” and Letter of the Ministry of Education and Science of the Russian Federation dated March 28, 2013 No. DL-65/08 “On establishing requirements for clothes of students”).
8. Regulations on the website of the educational organization. The obligation of an educational organization to maintain an official website on the Internet is enshrined in clause 21 of Art. 28 No. 273-FZ "On Education in the Russian Federation". The list of information required to be posted on the site is contained in paragraph 2 of Art. 29 No. 273-FZ "On Education in the Russian Federation".
9. The mode of study of students (clause 2 of article 30 No. 273-FZ “On Education in the Russian Federation”) is approved by the head of the educational organization. Sets the mode of conducting classes (time and duration of the lesson, shifts). It may provide for liability for being late (as for a violation of the class schedule) or for absenteeism.
10. Regulations on the procedure for applying disciplinary measures to students (Article 43 No. 273-FZ “On Education in the Russian Federation”). Defines the obligations of students, for non-fulfillment of which disciplinary measures may be applied to. The regulation defines the procedure for applying the penalty, documenting penalties, the age at which a specific penalty can be applied, a list of these measures, the procedure for appealing decisions on the application of a disciplinary sanction.
11. Job Descriptions employees of an educational organization.
Job descriptions are a subsystem of local legal acts of an educational organization. They allow you to control the activities of school employees in accordance with regular positions.
Job descriptions are developed by the administration of the educational organization, signed by the employee and approved by the head educational institution.
For organizational support of the formation of an information resource (website) of an educational organization and timely updating of information in an educational organization, local acts must be adopted to ensure the work of these departments of the organization and their specialists.
Application No. 3
An approximate list of local acts, the creation of which will contribute to the prevention of accidents and child injuries in an educational organization
1. Regulations on the mode of study of students.
2. Regulation on the requirements for clothing and appearance students.
3. Regulations on the administrator on duty.
4. Regulations on the teacher on duty.
5. Regulations on the class teacher on duty.
6. Regulations on duty class.
7. Regulations on safety rules in cabinets of increased danger.
8. Regulations on the observance of security measures during the sports events, excursions, hiking, being on sports grounds.
9. Regulations on monitoring the work of an educational organization for the prevention of child injuries.
10. Regulations on the investigation and accounting of accidents with students.
11. Rules of conduct for students.
12. Rules on rewards and penalties for students.
13. Rules for the organized transportation of a group of children by buses.
14. Safety rules for classes physical culture and sports in the educational organization.
15. Requirements for organizing and conducting bus tours for students.
16. Requirements for students and teachers when conducting lessons and training sessions.
17. The procedure for accounting for the attendance of lessons by students.
18. Order "On the appointment of persons responsible for the organization of safe work in an educational organization."
19. Plans for all areas of preventive work:
- the work plan of the educational organization for the prevention of child injuries;
– action plan for the prevention of child road traffic injuries;
– work plan of an educational organization for the prevention of child injuries in physical education lessons.
The concept of a local act Local regulations are understood as developed and adopted by an educational organization in accordance with its competence, determined by the current legislation of the Russian Federation and the constituent documents of the employer, internal documents that establish norms (rules) of a general nature, designed to regulate managerial, financial, economic, personnel and other functional activities of the organization. The charter should be recognized as a local act of the highest legal force in the organization.
Continuation The charter of an educational organization must contain, along with the information provided for by the legislation of the Russian Federation, the following information: 1) type of educational organization; 2) the founder or founders of the educational organization; 3) types of implemented educational programs indicating the level of education and (or) focus; 4) the structure and competence of the governing bodies of the educational organization, the procedure for their formation and terms of office.
Continued In accordance with paragraph 3 of Art. 14 of the Federal Law from the Federal Law "On non-profit organizations" in the constituent documents non-profit organization the name of the non-profit organization must be determined, containing an indication of the nature of its activities and organizational and legal form, the location of the non-profit organization, the procedure for managing activities, the subject and goals of the activity, information about branches and representative offices, the rights and obligations of members, the conditions and procedure for admission to membership of the non-profit organization and exit from it (if the non-profit organization has a membership), sources of formation of the property of the non-profit organization, the procedure for amending the constituent documents of the non-profit organization, the procedure for using property in the event of liquidation of the non-profit organization and other provisions provided for by this Federal Law and other federal laws. laws.
Continuation The charter of a budgetary or state institution must also contain the name of the institution, an indication of the type of institution, information about the owner of its property, an exhaustive list of activities that a budgetary or state institution is entitled to carry out in accordance with the goals for which it was created, instructions on the structure, the competence of the governing bodies of the institution, the procedure for their formation, the terms of office and the procedure for the activities of such bodies. In accordance with Art. 7 of the Federal Law of the Federal Law "On Autonomous Institutions" The charter of an autonomous institution must contain the following information: 1) the name of the autonomous institution, indicating the nature of its activities, as well as the owner of its property; 1.1) an indication of the type - "autonomous institution";
Continuation 2) location of the autonomous institution; 3) information about the body exercising the functions and powers of the founder of an autonomous institution; 4) the object and objectives of the activities of the autonomous institution; 5) an exhaustive list of activities that an autonomous institution is entitled to carry out in accordance with the goals for which it was created; 6) information about branches, representative offices of the autonomous institution; 7) the structure, competence of the bodies of the autonomous institution, the procedure for their formation, the terms of office and the procedure for the activities of such bodies; 8) other information provided for by federal laws.
Types of local acts There are quite a lot of types of local acts; for convenience, they can be classified according to the following criteria. 1. In order of importance: mandatory - the composition of such local acts is determined by labor and civil legislation. The Labor Code of the Russian Federation, the Federal Law "On Education in the Russian Federation" contain a direct indication of the adoption of such documents (for example, Articles 135, 189 of the Labor Code of the Russian Federation, Article 52 of the Civil Code of the Russian Federation, Article 25 of the Federal Law "On Education in the Russian Federation "). optional - such documents are not directly provided for by law, the institution adopts local acts at its discretion (for example, the Regulation on voluntary medical insurance, the Regulation on the organization of children's recreation).
Continuation 2. By scope: - of a general nature, covering the entire organization (for example, Internal Labor Regulations, vacation schedule); - of a special nature, relating to certain issues (for example, the Regulation on sending employees to business trips, Regulations on structural divisions, Regulations on specialized offices). 3. By circle of persons: - applicable to all employees of the organization (for example, the Internal Labor Regulations, vacation schedule); - extending to a certain category of participants in legal relations (Regulations on irregular working hours, Regulations on granting additional holidays employees, Rules of conduct for students in an educational institution).
Continuation 4. According to the method of adoption: - taken by the employer alone (for example, Regulations on structural divisions); - adopted taking into account the opinion of the representative body of employees (for example, the Regulation on the provision of additional holidays to employees). In this case, when adopting local acts, it is necessary to follow the procedure provided for in Art. 372 of the Labor Code of the Russian Federation. 5. According to the validity period: - permanent action - unlimited (for example, the Internal Labor Regulations,); - With certain period actions (for example, vacation schedule, staffing).
Continuation 6. According to the period of storage: - permanent storage (for example, Regulations on wages, Regulations on structural divisions); - 75 years (for example, job descriptions, shift schedule - for severe, harmful and hazardous conditions labor); - other.
Structure and content of local regulations The structure and content of local regulations depend on the range of issues in respect of which it is necessary to adopt such acts. Conventionally, the structure of local acts can be divided into the following parts: - general provisions: a list of regulated issues; normative legal acts, in accordance with which the local act is adopted; categories of persons subject to the local act. - the main part: the rights and obligations of the employee and employer, administration, teaching staff and students and their parents; procedures not defined by law; actions of the parties, terms, responsibility, etc.
Continuation - final provisions: the time of entry into force of a local act, a list of local acts or individual provisions that terminate with the adoption of a new act. Local acts may contain annexes relating to issues reflected in these acts. When writing the text of a local act, one should be guided by the norms of the “Unified Documentation System. Unified system of organizational and administrative documentation. Documentation requirements. GOST R "(approved by the Decree of the State Standard of Russia from Art.).
Development of local regulations The procedure for the development of local regulations is not established by law, so the educational organization determines it independently. Conventionally, the procedure for developing local acts can be divided into the following stages: Identification of issues that require the development and approval of a local act. In practice, such a need is revealed during meetings, meetings, meetings of the pedagogical council. Determination of the stages and terms for the development of a local act. In practice, the employer (manager) establishes them when discussing issues in respect of which the development and approval of a local act is required.
Continued Establishment of a working group to develop a local act. Such a group may consist of representatives of the administration, the teaching staff, the parent community, the public council and, in particular, the council of students, because in accordance with Article 26 of the Federal Law "On Education in the Russian Federation", students of all educational organizations have the right to participate in the management of an educational organization. Articles 52, 53 of the Labor Code of the Russian Federation provide for the right of employees to participate in the management of the organization. Preparation of a draft local act. Placing the project for discussion on the official website of the educational organization. Approval of the draft local act. At this stage, the project must be agreed with the members of the working group and other interested parties. Approval of the project by the head of the educational organization.
Adoption of local acts According to Art. 12 of the Labor Code of the Russian Federation (using the analogy of the law, we extend the effect of this article to local acts regulating relations other than labor relations), a local act enters into force from the day it is adopted by the employer or from the day specified in this document. The head of an educational organization can adopt local acts in the following ways: approve; issue an order (instruction) on the approval of a local act. Practice shows that the second method is more often used in educational organizations. At the same time, the method of approval remains an internal affair of the organization, since this order is not legally enforced.
Familiarization of the subjects of educational legal relations with local regulations According to part 2 of article 22 of the Labor Code of the Russian Federation, employees must be familiarized against signature with all local acts adopted in the organization and directly related to their work activities. In accordance with paragraph 4 of Art. 9 of the Federal Law "On the Basic Guarantees of the Rights of the Child in the Russian Federation", in places accessible to children and their parents, the texts of charters, internal regulations of organizations are posted. If a local act concerns students, their parents, it must be brought to their attention. It is advisable to acquaint students and their parents with the local acts of the institution upon admission to an educational institution, at a general or class meeting. If the student and his parent in their application or otherwise provided their email address, then you can send the text of the local act by email.
Continuation There are several ways to confirm the fact that employees have familiarized themselves with local acts: By signing the person on the familiarization sheet. His last name, first name, patronymic and date of familiarization must also be indicated. This sheet is attached to each local act, numbered, stitched and sealed with the seal and signature of the official. or Signature of a person on a separate document - a journal of familiarization of employees, students and their parents with local acts. Unlike the familiarization sheet, this magazine provides for the possibility of familiarization with several local acts. The signature of the person on the familiarization sheet, which is an annex to the employment contract, to the materials of the student's personal file.
Changing local regulations An educational organization has the right to make changes to local regulations: in connection with the entry into force or change of legislation in the field of education, a law or other regulatory legal act containing labor law norms, a collective agreement, an agreement; at your own discretion. In this case, it is important that the adopted local acts do not worsen the position of employees, students, their parents in comparison with labor legislation, legislation in the field of education, collective agreements, agreements (part 4 of article 8 of the Labor Code of the Russian Federation). Changes are made in the same order in which the local act was developed and approved initially.
Cancellation of local regulations The grounds for termination of a local act or its individual provisions are: expiration. Such a situation is possible if the period of its validity was determined during the development of a local act. the entry into force of a law or other regulatory legal act regulating legal relations in the field of education, or containing labor law norms, a collective agreement, an agreement, when these acts establish a higher level of guarantees for employees compared to the current local act.
Actions of the head of the educational organization to respect the rights of participants in the educational process Establish the availability, analyze and examine local and individual regulatory legal acts, documents and materials of the educational organization, local acts of the educational organization are valid only within the educational organization itself and cannot regulate relations that develop outside the organization . In accordance with paragraph 3 of Art. 30 of the Federal Law of the Russian Federation of December 29, 2012 273-FZ "On Education in the Russian Federation", when adopting local regulations affecting the rights of students and employees of an educational organization, the opinion of student councils, parent councils, student representative bodies, as well as in in the manner and in cases provided for by labor legislation, representative bodies of employees.
Continued In accordance with paragraph 4 of Art. 30 of the Federal Law of the Russian Federation of December 29, 2012 273-FZ "On Education in the Russian Federation" norms of local regulations that worsen the position of students or employees of an educational organization in comparison with the established legislation on education, labor legislation, or regulations adopted in violation of the established procedure , do not apply and are subject to cancellation by the educational organization. In accordance with paragraph 2 of Art. 30 of the Federal Law of the Russian Federation of December 29, 2012 273-FZ "On Education in the Russian Federation", an educational organization adopts local regulations on the main issues of organizing and implementing educational activities,
Continuation, including regulating: the rules for the admission of students, the mode of study of students, the forms, frequency and procedure for monitoring progress and intermediate certification of students, the procedure and grounds for the transfer, expulsion and restoration of students, the procedure for registering the emergence, suspension and termination of relations between the educational organization and students and (or) parents (legal representatives) of minor students.
Local regulations An educational organization must have local regulations of an educational organization that establish the rights of students on: providing conditions for learning, taking into account the characteristics of their psychophysical development and health status, including receiving socio-pedagogical and psychological assistance, free psychological and medical pedagogical correction; training according to an individual curriculum, including accelerated learning, within the educational program being mastered; choice of optional (optional for a given level of education, profession, specialty or area of training) and elective (mandatory) subjects, courses, disciplines (modules) from the list proposed by the organization carrying out educational activities (after receiving basic general education);
Continued participation in the management of an educational organization in the manner prescribed by its charter; use of medical and recreational infrastructure, cultural and sports facilities of an educational organization; rewards for success in educational, physical culture, sports, public, scientific, scientific and technical, creative, experimental and innovation activities; visits to events that are held in an organization that carries out educational activities and are not provided for by the curriculum (involving students without their consent and minor students without the consent of their parents (legal representatives) to work not provided for by the educational program is prohibited).
Continuation In an educational organization, it is mandatory to have local regulations of the educational organization that establish the rights of parents (legal representatives) on the following issues: familiarization with the educational and program documentation and other documents regulating the organization and implementation of the educational process; familiarization with the content of education, the methods of education and upbringing used, educational technologies, as well as with the assessments of the progress of their children; obtaining information about all types of planned examinations (psychological, psychological and pedagogical) of students, consent to conduct such examinations or participation in such examinations, refusal to conduct or participate in them, obtain information about the results of examinations of students;
Continuation In an educational organization, it is mandatory to have local regulations of an educational organization that secure the rights of pedagogical and other employees of an educational organization on the following issues: specific labor (job) duties (employment contract and job description), the ratio of educational (teaching) and other pedagogical work within the working week or academic year, taking into account the number of hours according to the curriculum, the specialty and qualifications of the employee, the working hours and rest time of the employee.
Placement of materials on the official website of the educational organization According to Part 2 of Art. 29 of the Federal Law "On Education in the Russian Federation", an educational organization ensures openness and availability of: 1) information: a) on the date of establishment of the educational organization, on the founder, founders of the educational organization, on the location of the educational organization and its branches (if any), , work schedule, contact numbers and e-mail addresses; b) on the structure and management bodies of the educational organization; c) on ongoing educational programs indicating the subjects, courses, disciplines (modules), practices provided for by the relevant educational program;
Continuation d) on the number of students in educational programs being implemented at the expense of the budgetary allocations of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets and under education agreements at the expense of individuals and (or) legal entities; e) languages of education; f) on federal state educational standards, on educational standards (if any); g) about the head of the educational organization, his deputies, heads of branches of the educational organization (if any); h) on the personal composition of teaching staff, indicating the level of education, qualifications and work experience;
Continued i) on the material and technical support of educational activities (including the availability of equipped classrooms, facilities for conducting practical classes, libraries, sports facilities, training and education facilities, nutrition and health conditions for students, access to information systems and information and telecommunication networks, on electronic educational resources to which students have access); j) about directions and results of scientific ( research) activities and research base for its implementation (for educational organizations higher education, additional vocational education);
Continued k) on the results of admission for each profession, specialty of secondary vocational education (if there are entrance examinations), each area of training or specialty of higher education with different admission conditions (for places financed from the budgetary allocations of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, under agreements on education at the expense of individuals and (or) legal entities) indicating the average amount of points scored for all entrance examinations, as well as the results of transfer, restoration and expulsion; l) on the number of vacancies for admission (transfer) for each educational program, profession, specialty, field of study (for places financed from the budgetary allocations of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, under agreements on education at the expense of individuals and (or) legal entities);
Continued m) on the availability and conditions for providing scholarships to students, measures social support; n) on the availability of a hostel, a boarding school, the number of living quarters in a hostel, a boarding school for students from other cities, the formation of fees for living in a hostel; o) on the volume of educational activities, the financial support of which is carried out at the expense of the budgetary allocations of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, under agreements on education at the expense of individuals and (or) legal entities; p) on the receipt of financial and material resources and on their expenditure at the end of the financial year; c) employment of graduates;
Continuation 2) copies of: a) the charter of the educational organization; b) licenses for educational activities (with attachments); c) certificates of state accreditation (with attachments); d) a plan for the financial and economic activities of an educational organization, approved in accordance with the procedure established by the legislation of the Russian Federation, or a budget estimate of an educational organization; e) local regulations provided for by Part 2 of Article 30 of the Federal Law “On Education in the Russian Federation”, internal regulations for students, internal labor regulations, collective agreement;
Continued 3) report on the results of self-examination. 4) a document on the procedure for the provision of paid educational services, including a sample contract for the provision of paid educational services, a document on the approval of the cost of education for each educational program; 5) instructions of the bodies exercising state control (supervision) in the field of education, reports on the implementation of such instructions; 6) other information that is posted, published by the decision of the educational organization and (or) placement, the publication of which is mandatory in accordance with the legislation of the Russian Federation.
- Regulatory documents and local acts of a preschool educational organization in the context of the implementation of the Federal State Educational Standard
- Plan of the main measures to prepare for the transition to
- GEF DO MB DOU " Kindergarten No. 108" for the 2013-2016 academic year. G.
- Regulations on the working group on the introduction of GEF DO in MB DOU "Kindergarten No. 108".
- Regulatory documents and local acts of a preschool educational organization in the context of the implementation of the Federal State Educational Standard.
International legal acts:
- Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 (as amended and supplemented);
- Convention on the Rights of the Child (approved by the UN General Assembly on November 20, 1989, entered into force for the USSR on September 15, 1990);
- Addendum to the declaration of the rights of the child related to the right of the child to play (UN, February 01, 2014
- Declaration of the Rights of the Child (November 20, 1999);
Laws of the Russian Federation:
- Constitution of the Russian Federation of December 12, 1993 (as amended and supplemented);
- Family Code of the Russian Federation of December 8, 1995 No. 223 FZ (as amended and supplemented);
- Federal Law No. 124-FZ of July 24, 1998 “On Basic Guarantees of the Rights of the Child in the Russian Federation” (as amended and supplemented);
- Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation",
Documents of the Government of the Russian Federation:
- Decree of the Government of the Russian Federation of December 29, 2001 No. 1756-r “On the concept of modernization Russian education for the period up to 2010.
- Decree of the Government of the Russian Federation of 05.07.2001. No. 505 “On approval of the rules for the provision paid services in the field of preschool and general education” (as amended and supplemented).
- Decree of the Government of the Russian Federation of August 5, 2013 No. No. 662 "On monitoring the education system" .
- Decree of the Government of the Russian Federation of August 8, 2013 No. 678 Moscow “On approval of the nomenclature of positions of teaching staff of organizations engaged in educational activities, positions of heads of educational organizations ».
- Decree of the Government of the Russian Federation of July 10, 2013 No. 582 “On approval of the Rules for posting on the official website of an educational organization in the information and telecommunication network “Internet” and updating information about an educational organization ».
- Extract from the "Federal Target Program for the Development of Education for 2011 - 2015" Decree of the Government of the Russian Federation dated February 7, 2011 No. 61 .
- Decree of the Government of the Russian Federation of August 15, 2013 No. 706 "On approval of the Rules for the provision of paid educational services" .
- Extract from the State Program of the Russian Federation "Development of Education" for 2013-2020 (approved by Order of the Government of the Russian Federation of May 15, 2013 No. 792-r) .
- A comprehensive program for improving the professional level of teachers of general educational organizations ”(approved by the Government of the Russian Federation on May 28, 2014, No. 3241p-P8).
Documents of the Ministry of Education and Science of the Russian Federation.
- The concept of the content of continuing education (preschool and primary education) (approved by the FCC for General Education of the Ministry of Defense of the Russian Federation on June 17, 2003).
- Order of the Ministry of Education and Science of Russia dated April 28, 2014, No. 594 “On approval of the procedure for developing an exemplary basic educational program, conducting their examination and introducing a register of notable basic educational programs.
- Comments on the Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation".
- Extracts from the Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation".
- Extracts from the "National Strategy for Action in the Interests of Children for 2012-2017" Decree of the President of the Russian Federation of June 1, 2012 No. 761
- Federal state educational standard for preschool education. Order of the Ministry of Education and Science of Russia dated October 17, 2013 No. 1155.
- Order of the Ministry of Health and Social Development of the Russian Federation dated August 26, 2010 No. 761n “On Approval of the Unified Qualification Handbook for the Positions of Managers, Specialists and Employees” Section “Qualification Characteristics of the Positions of Educational Workers”. Extracts.
- Order of the Ministry of Education and Science of the Russian Federation (Ministry of Education and Science of Russia) dated March 24, 2010 No. 209 “On the procedure for attestation of teachers of state and municipal educational institutions ».
- Decree of the Chief State Sanitary Doctor of the Russian Federation dated May 15, 2013 No. 26, Moscow “On approval of SanPiN 2.4.1.3049-13 “Sanitary and epidemiological requirements for the device, content and organization of the working hours of preschool educational organizations”.
- Order of the Ministry of Education and Science of the Russian Federation (Ministry of Education and Science of Russia) dated August 30, 2013 No. 1014 Moscow “On Approval of the Procedure for Organizing and Implementing Educational Activities in Basic General Education Programs - Educational Programs of Preschool Education”.
- Order of the Ministry of Education and Science of the Russian Federation (Ministry of Education and Science of Russia) dated September 20, 2013 N 1082 Moscow"On the approval of the Regulations on the Psychological-Medical-Pedagogical Commission ».
- Guidelines for the implementation of the powers of state authorities of the constituent entities of the Russian Federation on financial support for the provision of state and municipal services in the field of preschool education. Letter from the Ministry of Education and Science of the Russian Federation dated 01.10. 2013 No. 08-1408.
- Order of the Ministry of Education and Science of the Russian Federation of March 27, 2006 No. 69 “On the peculiarities of the working hours and rest time of pedagogical and other employees of educational institutions ».
- Order of the Ministry of Education and Science of the Russian Federation of December 24, 2010 No. 2075
- « On the duration of working hours (norm of hours of pedagogical work for the wage rate) of pedagogical workers ».
- Letter of the Ministry of Education and Science of the Russian Federation and the Department of State Policy in the Sphere of General Education dated January 13, 2014 No. 08-10
Regulatory documents and local acts of a preschool educational organization in the context of the implementation of the FOS DO.
In accordance (with Article 30) of the Law "On Education in the Russian Federation" No. 273-FZ dated December 29, 2013, an educational institution (organization) adopts local regulations containing rules governing educational relations within its competence. A preschool educational organization (hereinafter PEO) adopts local regulations on the main issues of organization and implementation of educational activities, including regulating the rules for the admission of students, the mode of classes, forms, frequency, the procedure for intermediate and final monitoring, expulsion and restoration of students, suspension and termination of relations between preschool educational institutions and parents (legal representatives).
Local regulations.
A local normative act is a written official document adopted (issued) in a certain form by the relevant body of an institution (organization) within its competence and aimed at establishing, changing or repealing norms.
Local regulations are issued on the basis of and pursuant to the law "On Education in the Russian Federation", the Federal State Educational Standard for Preschool Education, order No. 1155 of 10/17/2013, the Charter of the preschool educational institution. The Charters of educational organizations indicate the types of local acts regulating the activities of the organization.Any documents of the organization establishing, changing or canceling any norms within the organization can be issued and accepted only in the form of:orders and orders, decisions, regulations, instructions, rules.
Classification of local acts.
Local acts can be grouped as follows:
Approved by the head(organizational and administrative documentation):staffing; staffing structure; nomenclature of cases; business instructions; job descriptions of employees; orders and instructions on issues of core business; other documents, according to the nomenclature of cases;
Adopted on the pedagogical council: the program for the Development of the preschool educational institution; the main educational program of the preschool educational institution; curriculum schedule; calendar curriculum; work programs in all areas, etc.
Approved by the headafter their adoption by self-government bodies (the trade union body of the preschool educational institution, representatives of the parent community, labor collective):Regulations on the Pedagogical Council;Regulations on the Governing Council; Regulations on the Commission for the Settlement of Disputes between Participants of Educational Relations; Regulations on the general parent meeting; Regulations on the meeting of the labor collective, etc.
Registration of local acts
For all documents that require registration, execution and use for reference purposes, registration is required, i.e. record credentials about the document in the prescribed form. (The provisions are included in the nomenclature of the DOO).
Consideration of a draft local normative act should be reflected in the minutes of the meeting of the self-government body. The signature stamp “Adopted at the pedagogical council or “general parent meeting of the organization, etc. protocol No. ___ from "___".
Among these types of local regulations, the following division can be made: orders and instructions are issued individually, for example, by the head of the preschool educational institution(regulations, instructions, rules, it is advisable to approve the order, order).Decisions are usually made by collegial bodies(manager, pedagogical council, parent meeting, council of parents, general meeting of the labor collective, etc.).
Having determined the type of local normative act, and starting to draft the text, it is necessary to determine its structure - to highlight the mandatory sections of the content. The goals and motives for the adoption of a local normative act are given in the introductory part - the preamble. Regulatory prescriptions are drawn up in the form of paragraphs, which are numbered in Arabic numerals. The text within sections is divided into paragraphs and subparagraphs, which may be numbered alphabetically or numerically.
If necessary, for completeness of the presentation of the issue, local acts may reproduce certain provisions of legislative acts, which must have references to these acts and the official source.
If tables, graphs, maps, diagrams are provided in local acts, then they, as a rule, should be drawn up in the form of applications, and the relevant paragraphs of the act should have links to these applications.
The local normative act is approved (signed) by the head of the educational organization.
Entry into force:The local normative act comes into force from the date of its adoption by the employer or from the day specified in this local normative act, and applies to relations that arose after its entry into force. When enacting local regulations, the following rules must be observed:
The approved local regulatory legal act can be put into effect only after the procedure for familiarizing the employees to whom it applies with its content;
Acts that change the mandatory conditions employment contract, by virtue of Article 74 of the Labor Code of the Russian Federation, they can be put into effect no earlier than two months after employees are familiarized with their content;
In cases where a local regulatory act contains rules that provide for training, instruction and knowledge testing, then such an act can be put into effect only after appropriate training, instruction and knowledge testing. This is documented.
The local normative act must precisely define the time and procedure for enactment, as well as the time of termination of the local normative legal act that previously regulated these relations, and the method of its withdrawal. Here, the procedure for bringing to the attention of employees information about the introduction of a local regulatory act and its content should be established. This information can be contained both in the last section of the local regulatory legal act itself, and in a separate order (instruction) of the employer. This procedure may be regulated by an independent local legal act organizations, such as the standardorganization or positionon the procedure for developing approval and enactment of one or another type of local regulatory legal acts.
It should be borne in mind that, in accordance with Art. 8 of the Labor Code of the Russian Federation, the norms of local regulations that worsen the position of employees in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, as well as local regulations adopted without complying with the established Art. 372 of the Code of Procedure for Considering the Opinions of the Representative Body of Employees, are not subject to application, therefore, during inspections of organizations by state labor inspectors, they will be canceled, and guilty officials will be held administratively liable.
Basic requirements for writing orders for core activities.
The order for the main activity is an administrative document reflecting decisions on the financial and economic activities of the educational organization, planning, reporting of the educational process, foreign economic activity, physical development, etc.
The order comes into force from the moment of signing by the head, unless another person is indicated in the text. The signed order is registered. Orders are issued on a form and contain the following details: name of the type of document, date, order number, place of publication, title, text, signature, visas, approval.
The text of the order consists of two parts: ascertaining and administrative.
In the ascertainingparts reflect the goals and objectives of the prescribed actions, the reasons for issuing the order, a link is given to the document that served as the basis for preparing the order.
Administrative partcontains the prescribed actions, the names of officials responsible for their implementation and deadlines. This part is separated from the ascertaining part by the word “I order”, a colon is put. It is divided, as a rule, into paragraphs, which are numbered with Arabic numerals with dots. Each paragraph of the administrative part begins with an indication of a specific action, expressed by the verb in an indefinite form.
Separate materials can be made in the form of an annex to the order with a link to them in the relevant paragraphs. On the first sheet of the application in the upper right corner, an inscription is made: Appendix No. ___ to the order dated ____. No.__
The pages of the order and applications are numbered as a single document.
General requirements for drafting a provision.
Regulation is an organizational and legal document that regulates the activities of departments, educational organizations of their structural divisions. The regulations consist of the following sections: general part (general provisions), relationships with other self-government bodies, main tasks, functions (duties), rights, responsibilities, management organization, office work. Changes are possible when drawing up provisions for holding various events: competitions, festivals.
Chapter " a common part» (general provisions) includes: determination of the status of the self-government body in the management system; indications of who it is headed and to whom it is subordinate; degree of independence; participation in the implementation target program or performance of target management functions.
Main tasks sectiondefines: directions of activity of self-government bodies; tasks for which this self-government body is responsible.
Section "Functions"(duties) contains a list of functions, the fulfillment of which ensures the solution of tasks assigned to self-government bodies with a certain specification of work for each function.
Section "Rights" determines the rights of self-government bodies that ensure the performance of their functions by this unit.
Section "Organization of management"contains a description organizational structure self-government body, indications of the place of leaders within the body itself (for example: in the presence of groups of commissions, etc.) determines the frequency, time and type of organizational events (planning meetings, meetings, etc.).
Section “Relationships“with other departments” is developed on the basis of incoming and outgoing documentation with the definition of the main relationships. This section can establish the relationship of this self-government body with public divisions (organizations), all kinds of public councils, commissions, trade unions.
Section "Responsibility"provides for the establishment of the responsibility of the self-government body and its head for the performance of tasks and the implementation of functions. This section is the most difficult to develop, since here it is necessary to indicate the application of sanctions for non-fulfillment or poor-quality fulfillment of tasks and functions, and also to determine the conditions under which this or that responsibility arises for the fulfillment of the tasks and functions assigned to it.
Section "Office work"- introduction of minutes of meetings, planning of activities, preparation of reports.
Local acts regulating the activities of a preschool educational organization in the context of the implementation of the Federal State Educational Standard of preschool education.
For scientific and methodological support
1. Order on approval of the main educational program of preschool educationeducational organization(Federal Law No. 273-FZ of December 29, 2012, Art. 12).
2. Regulations on the system of internal monitoring of the quality of education ineducational organization.
3. On the organization and implementation of educational activities of a preschool organization.
4.Regulations on work program pedagogical workers of the preschool organization.
5. Regulations on the working (creative group for the preparation and implementation of the GEF of preschool education.
6. The procedure for conducting recreational work
7. Order on approval of the program of paid educational services
Organizational ensuring
1. Charter of the educational organization (Federal Law of December 29, 2012 No. 273-FZ, Art. 25).
2. Internal regulations of the educational organization.
3. Agreement between the educational organization and the founder.
4. Agreement of an educational organization withparents (legal representatives) of pupils.
5.Order on approval of the schedule (network schedule, roadmap) of the introduction.
6. Regulations on the settlement of disputes between participants in educational relations.
7. Regulations on the procedure for organizing training sessions for pupils in studios.
8.Contract preschool about service with a medical institution.
9. Nomenclature of cases.
10. Work plan for the academic year.
11. Action plan ("road map") of a preschool educational organization for the introduction of the Federal State Educational Standard for Preschool Education (FSES DO).
12. Regulations on the procedure for admitting children to DOO.
13. Regulations on the pedagogical council.
14. Regulations on the Council of the PEO.
15. Regulations on the general meeting of employees.
16. Regulations on the parent committee.
17. Regulations on the Board of Trustees.
18. On the creation of a working (creative group) for the preparation and introduction of GEF DO.
19. On the approval of the schedule for the introduction and implementation of GEF DO.
20. On the establishment of the Coordinating Council for the introduction of the GEF of preschool education.
For staffing
1. Job descriptions of employees of an educational organization (order of the Ministry of Health and social development of the Russian Federation dated August 26, 2010 No. 761n “On Approval of the Unified qualification handbook positions of managers, specialists and employees).
2. Order on approval of the schedule for advanced training of pedagogical and executive employees of an educational organizationin connection with the introduction of the Federal State Educational Standard.
3.Regulations on attestation commission teaching staff.
4. Regulations on the procedure and form of certification of pedagogical workers of a preschool organization.
5. Regulations on the methodological association of pedagogical workers.
Information support
1. Regulations on the organization and conduct of a public reporteducational organization.
2.Regulations on the Internet siteeducational organization(Federal Law No. 273-FZ of December 29, 2012, Art. 29; Decree of the Government of the Russian Federation of July 10, 2013 No. 582 “On Approval of the Rules for Posting on the Official Website of an Educational Organization in the Internet Information and Telecommunication Network and Updating Information on the Educational organizations").
1. Regulations on wages and material incentives for employeeseducational organization(Decree of the Government of Moscow dated August 31, 2012 No. 445-PP “On measures to transfer state educational institutions, subordinated to the Department of Education of the city of Moscow, to a remuneration system that is different from the tariff system of remuneration of employees public institutions city of Moscow).
2. Regulations on the distribution of the incentive part of the wage fund for employeeseducational organization.
3. Regulations on the provision of paid additional educational services (Decree of the Government of the Russian Federation of August 15, 2013 N 706 "On approval of the rules for the provision of paid educational services").
4. Agreement on the provision of paid additional educational services.
Logistics
1. Regulations on various objectsorganization infrastructuretaking into account the requirements of the Federal State Educational Standard DOk educational organizations in terms of the minimum equipment of the educational process and equipment of the premises.
2. Regulations on the methodical office (general provisions, tasks and activities of the methodical office, management and planning of the work of the methodical office, equipment of the methodical office.
Novokuznetsk
"Kindergarten No. 108"
Plan
Main activities for
preparation for the transition to GEF DO
municipal budgetary preschool educational institution "Kindergarten No. 108
2013-2016 academic year.
2013
Events | Timing | Responsible |
1. Organizational and methodological support for the implementation of GEF preschool education |
||
| September 2014 | Head of preschool educational institution senior teacher |
1.2. Development and approval of a plan of main activities to prepare for the transition to the GEF of preschool education | January 2014 | Head of preschool educational institution senior teacher |
1.3.Consultation for teachers: - "What is the Federal State Educational Standard of Preschool Education" - "FSES general position" - "FGOS requirement for the main structure Educational program" The requirement for a developing subject Spatial environment» | September 2014 October 2014 November 2014 December 2014 | senior teacher |
1.4 Consideration of the introduction of the Federal State Educational Standard at the pedagogical councils | During 2014-2016 | Head of preschool educational institution senior teacher |
1.5. Making changes to regulatory framework activities of the preschool educational institution | During 2014 | Head of preschool educational institution senior teacher |
1.6. Development and adjustment of the educational program of the preschool educational institution in order to bring it into line with the Federal State Educational Standard for preschool education (based on the methodological recommendations of the Ministry of Education and Science of the Russian Federation, the Ministry of Education of the Moscow Region) | During 2014-2015 | senior teacher |
1.7. Monitoring of preparations for the introduction of the Federal State Educational Standard | May 2014 | senior teacher |
2.Personnel and methodological support for the transition to GEF |
||
2.1 Training of preschool teachers in courses on the problems of introducing and implementing the GEF of preschool education | During 2014-2016 | senior teacher |
2.2. Study in the teaching staff of the basic documents of the Federal State Educational Standard | During 2014-2015 | Head of preschool educational institution senior teacher |
During 2013-2015 | Head of preschool educational institution senior teacher |
|
2.4. Ensure the staffing of the methodological office of the DOW with printed and electronic educational resources in all sections of DOW LLC | During 2014-2016 | Head of preschool educational institution senior teacher |
3. Information support for the transition of preschool educational institutions to GEF |
||
3.1. Placement on the website of the preschool educational institution of information on the introduction of the Federal State Educational Standard of preschool education | 2014 | senior teacher |
3.2. Informing the parents of pupils about the preparation for the implementation of the Federal State Educational Standard and the results of their introduction into the preschool educational institution through the website, information stands, parent meetings | During 2014-2016 | Head of preschool educational institution senior teacher |
3.3. Preparation of public reporting of preschool educational institutions on the progress and results of the introduction of GEF DO | January, May during 2014-2016 | Head of preschool educational institution senior teacher |
Education and Science Administration Committee
Novokuznetsk
Municipal budgetary preschool educational institution
"Kindergarten No. 108"
POSITION
on the working group on the introduction of GEF DO
in MB preschool educational institution "Kindergarten No. 108"
Novokuznetsk city district,
2014
1. General Provisions
1.1. This provision regulates the activities of the Working Group on the introduction of GEF DO in MBDOU "Kindergarten No. 108".
1.2. This Regulation has been developed in accordance with the law of the Russian Federation dated 29.12. 2012 No. 273-FZ "On Education in the Russian Federation", by Order of the Ministry of Education and Science of the Russian Federation dated October 17, 2013 No. 1155 "Federal State Educational Standard for Preschool Education".
1.3. The activities of the Working Group are carried out in accordance with the current legislation of the Russian Federation in the field of education, regulatory legal instruments, the Charter of the MBDOU "Kindergarten No. 108", as well as these Regulations.
1.4. The Working Group consists of: the chairman and members of the working group from among the pedagogical workers of the kindergarten in the amount of 6 people.
1.5. The activities of the Working Group are aimed at coordinating actions to implement the plan for the introduction of the Federal State Educational Standard, to develop changes and additions to the Development Program, the Educational Program of the MBDOU "Kindergarten No. 108".
1.6. This provision is valid for 1 year.
- Tasks of the Working Group.
2.1. The main tasks of the Working Group are:
- implementation of information, scientific and methodological support for the process of introducing the Federal State Educational Standard;
- development of an action plan to ensure the introduction of GEF DO in kindergarten;
- development of changes and additions to the Development Program, the Educational Program of the MBDOU "Kindergarten No. 108" on the basis of the Federal State Educational Standard and the introduction of the Program into the work of the teaching staff;
- Development of normative and methodological documentation regulating the implementation of the Educational Program;
- Quality improvement professional activity teachers, improving their pedagogical skills.
3. Functions of the Working Group.
3.1. The functions of the Working Group are:
- Study and analysis of legislative acts, regulatory documents, pedagogical and methodological literature regulating the issues of preschool education;
- Implementation of a problem-oriented analysis of the educational activities of the MBDOU "Kindergarten No. 108" for 2013-2017;
- The choice of content and the preparation of curricula, areas of pedagogical activity of the educational process in accordance with the Federal State Educational Standard of DO for the general educational program of preschool education;
- Presentation of information on the results of the introduction of the Federal State Educational Standard to the MBDOU "Kindergarten No. 108".
4. Procedure for the work of the Working Group.
4.1. The working group is collegiate body. General leadership The working group is carried out by the chairman of the group.
4.2.Chairman of the group:
Opens and chairs group meetings;
Calculates the voting results;
Signs requests, letters on behalf and on behalf of the group;
Reports to the Pedagogical Council on the work of the group;
4.3. At the first meeting, the Working Group elects a secretary from its membership.
The Secretary keeps minutes of the meetings of the Working Group, which are signed by all members of the group. The minutes of the Working Group are stapled in accordance with the rules for record keeping and deposited. The minutes of the group are open and available for review.
4.4. Members of the Working Group are obliged to:
attend meetings;
Execute instructions in accordance with the decisions of the Working Group.
4.5. Members of the Working Group have the right to:
Get acquainted with the materials and documents received by the group;
Participate in the discussion of the agenda, make proposals on the agenda;
Express dissenting opinions in writing;
4.7. The protocols are numbered from the beginning of the calendar year.
4.8. Operational meetings of the Working Group are held as needed, but at least once a month.
4.9. The results of the Working Group are brought to the attention of the teaching staff at the pedagogical council.
5. Rights of the Working Group.
5.1. The working group has the right to:
- Submit for consideration by the Pedagogical Council issues related to the implementation of the introduction of the Federal State Educational Standard;
- Demand from the employees of the institution the necessary information to carry out a deep analysis of the educational process;
- In some cases, invite representatives to the meeting of the Working Group public organizations, educational and medical institutions;
- Engage other specialists to carry out individual assignments.
6. Responsibility of the Working Group.
6.1. The working group is responsible for:
- Implementation of the action plan to ensure the introduction to the MBDOU "Kindergarten No. 108" of the Federal State Educational Standard;
- The quality and timeliness of information, consulting and scientific and methodological support for the implementation of the introduction of the Federal State Educational Standard;
- Implementation of the work plan for the development of the Development Program, the Educational Program within the specified time frame;
- Timely implementation of decisions of the Pedagogical Council related to the introduction of the Federal State Educational Standard;
- Compliance of the Development Program and the Educational Program with the requirements of the Federal State Educational Standard;
- Competence of decisions made.
7. Validity of this Regulation
7.1. This Regulation comes into force from the moment of approval and issuance of the order of the head of the MBDOU "Kindergarten No. 108".
7.2. Changes and additions are made to these Regulations as necessary and are subject to approval by the head of the MBDOU "Kindergarten No. 108".
1. An educational organization adopts local regulations containing the rules governing educational relations (hereinafter referred to as local regulations), within its competence in accordance with the legislation of the Russian Federation in the manner established by its charter.
2. An educational organization adopts local regulations on the main issues of organizing and carrying out educational activities, including regulating the rules for the admission of students, the mode of study of students, the forms, frequency and procedure for monitoring progress and intermediate certification of students, the procedure and grounds for transfer, expulsion and restoration students, the procedure for registration of the emergence, suspension and termination of relations between the educational organization and students and (or) parents (legal representatives) of underage students.
3. When adopting local regulations affecting the rights of students and employees of an educational organization, the opinion of student councils, parent councils, representative bodies of students, as well as in the manner and in cases provided for by labor legislation, representative bodies of employees (if there are such representative bodies ).
4. The norms of local regulations that worsen the situation of students or employees of an educational organization in comparison with the established legislation on education, labor legislation, or regulations adopted in violation of the established procedure, do not apply and are subject to cancellation by the educational organization.
Commentary on Art. 30 of the Law "On Education in the Russian Federation"
The commented article is new for the domestic educational legislation. Law N 3266-1 contained a separate mention of the local rule-making of educational organizations, however, these provisions were episodic and were "scattered" under separate articles of the normative act.
Paragraph 1 of the commented article establishes the authority of the educational organization to adopt local regulations. The competence of the educational institution, and in its person the founder, the council of the educational institution, the pedagogical council, the council of trustees, the parent committee, student associations, other management bodies of the educational organization, if any, act in various combinations, are the pedagogical, educational process, the rights and obligations of students , regulation and registration of contractual relations of an educational organization, relations between the administration of an educational institution and public organizations, student associations, creation and functioning business companies whose activities are practical application(implementation) of the results of intellectual activity and some other issues. The competence of the educational organization is defined.
Moreover, acts of local regulation, since relations in the field of education are complex in nature, regulate relations in the field of education. social protection, budget financing, taxation, labor.
The presence and quality of statutory and other documents regulating the activities of an educational organization is a criterion for assessing the effectiveness of the work of state educational institutions.
Paragraph 2 of the commented article establishes a certain list of issues on which an educational organization has the right to adopt local regulations, and sometimes is obliged to do so.
It is obligatory to adopt the charter of an educational organization, rules for admission to an educational organization, provisions on the procedure for the provision of paid educational services, including a sample contract for the provision of paid educational services, a document approving the cost of education for each educational program, internal regulations for students, internal labor rules regulations, a collective agreement, a financial and economic activity plan of an educational organization or a budget estimate of an educational organization, provisions on the forms of education (external study, self-education according to individual programs, regulations on family education, regulations on free attendance of classes, etc.).
Within the framework of local regulations, the issues of students' participation in shaping the content of their professional education should be regulated, subject to compliance with federal state educational standards of secondary vocational and higher education, educational standards; the procedure for using the medical and recreational infrastructure, cultural facilities and sports facilities of an educational organization; providing students in the main educational programs of secondary vocational and higher education in full-time education with living quarters in a hostel if such organizations have an appropriate specialized housing stock; the procedure for the creation, organization of work, decision-making by the commission for the settlement of disputes between participants in educational relations and their execution; the procedure for the free use of libraries and information resources, as well as access to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of providing educational activities.
Within the framework of by-laws and instructive letters, the Ministry of Education and Science of Russia develops approximate lists of local acts of an educational institution, for example, ensuring the implementation of extracurricular activities within the framework of the federal state educational standard for primary general education * (34), those acts that will need to be amended in connection with the use electronic journal * (35).
The procedure for the adoption of local regulations is established by the charter of the educational organization.
The legislator, ensuring a democratic procedure for creating a local act and observing the neutrality of the educational organization during internal affairs, creates a certain mechanism of "checks and balances" within the educational institution in the form of various management and self-government bodies, establishing the obligation for their participation in decision-making, thereby initiating the processes of internal control and consistency of the actions and acts taken.
Non-compliance with the procedure for adopting a local act becomes the subject of attention in court only in the context of the consideration of the case on other grounds * (36), if this is essential for the correct resolution of the case by the court.
The opinion of student councils, parent councils, representative bodies of students when adopting local regulations affecting the rights of students and employees of an educational organization, as a rule, is taken into account by including in general meeting representative (head) of the council of students, parents, representative body of students.
The participation of a representative body of employees (if there is such a representative body) in the adoption of a local act is determined, as a rule, by a collective agreement, agreements. The Labor Code of the Russian Federation establishes the procedure for taking into account the opinion of the elected body of the primary trade union organization when adopting local regulations (Article 372). The employer sends the draft local normative act and the rationale for it to the elected body of the primary trade union organization, which, no later than five working days from the date of receipt of the draft local normative act, sends the employer a reasoned opinion on the draft in writing.
If the reasoned opinion of the elected body of the primary trade union organization does not contain agreement with the draft local normative act or contains proposals for its improvement, the employer may agree with it or is obliged to conduct additional consultations within three days after receiving the reasoned opinion in order to reach a mutually acceptable solution.
If agreement is not reached, the disagreements that have arisen are documented in a protocol, after which the employer has the right to adopt a local normative act, which can be appealed by the elected body of the primary trade union organization to the appropriate state inspection labor or to court. The elected body of the primary trade union organization also has the right to initiate the procedure of a collective labor dispute.
Upon receipt of a complaint (application) from the elected body of the primary trade union organization, the State Labor Inspectorate is obliged to conduct an inspection within one month from the date of receipt of the complaint (application) and, if a violation is found, issue to the employer an order to cancel the specified local regulatory act, which is mandatory for execution.
The opinion of the representative body of employees is taken into account during the reorganization or liquidation of the organization; the introduction of technological changes that entail a change in the working conditions of workers, forms of professional training, retraining and advanced training of workers, approval of the procedure for attestation, when establishing a remuneration system, specific amounts of wage increases, pay slip forms, applying a labor rationing system, with the introduction , replacement and revision of labor standards, approval of the internal labor regulations, imposition of a disciplinary sanction.
Paragraph 4 of the commented article repeats the corresponding provision enshrined in Art. 8 of the Labor Code of the Russian Federation. In cases where the norms of a local act worsen the position of employees or reduce the level of guarantees in comparison with the established educational or labor legislation and other regulatory legal acts containing labor law norms, they are not subject to application. The norms are applied in accordance with the educational legislation or labor law, and such an act is subject to cancellation. In case of disagreement of the employer - in an administrative or judicial order.
Loading...