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Local acts of an educational organization (compliance with the requirements of the legislation of the Russian Federation in the field of education) - presentation. Local regulations of an educational organization: concept, types, list

The concept of a local act Local normative acts are understood as those developed and adopted by an educational organization in accordance with its competence as defined by current legislation Russian Federation and the constituent documents of the employer, internal documents establishing norms (rules) of a general nature intended to regulate the managerial, financial, economic, personnel and other functional activities of the organization. The local act of the highest legal force in an organization should be its charter.

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 educational programs being implemented, 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.

Continuation In accordance with paragraph 3 of Art. 14 Federal Law from the Federal Law “On Non-Profit Organizations”, the constituent documents of a non-profit organization must define the name of the non-profit organization, 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 purpose of the activity, information about branches and representative offices, rights and obligations of members, conditions and procedure for admission to membership of a non-profit organization and withdrawal from it (if the non-profit organization has membership), sources of formation of the property of the non-profit organization, procedure for making changes to constituent documents a non-profit organization, the procedure for using property in the event of liquidation of a non-profit organization and other provisions provided for by this Federal Law and other federal laws.

Continuation The charter of a budgetary or state-owned 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 types of activities that a budgetary or state-owned institution has the right to carry out in accordance with the goals for which it was created, instructions on the structure, the competence of the management bodies of the institution, the procedure for their formation, 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, containing an indication of the nature of its activities, as well as the owner of its property; 1.1) indication of the type - “autonomous institution”;

Continued 2) location of the autonomous institution; 3) information about the body exercising the functions and powers of the founder of the autonomous institution; 4) the subject and goals of the autonomous institution’s activities; 5) an exhaustive list of activities that an autonomous institution has the right to carry out in accordance with the goals for which it was created; 6) information about branches and representative offices of an autonomous institution; 7) structure, competence of the bodies of the autonomous institution, the procedure for their formation, terms of office and 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. By degree 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 own discretion (for example, Regulations on voluntary health insurance, Regulations on the organization of children's recreation).

Continued 2. By scope: - of a general nature, covering the entire organization (for example, internal labor regulations, vacation schedule); - of a special nature, relating to individual issues (for example, Regulations on sending workers to business trips, Regulations on structural divisions, Regulations on specialized rooms). 3. By a circle of persons: - applicable to all employees of the organization (for example, internal labor regulations, vacation schedule); - applicable to a certain category of participants in legal relations (Regulations on irregular working hours, Regulations on the provision of additional leaves to employees, Rules of conduct for students in an educational institution).

Continued 4. By method of adoption: - adopted by the employer alone (for example, Regulations on structural divisions); - adopted taking into account the opinion of the representative body of employees (for example, Regulations on the provision of additional leaves to employees). In this case, when adopting local acts, it is necessary to comply with the procedure provided for in Art. 372 Labor Code of the Russian Federation. 5. By validity period: - permanent validity - unlimited (for example, Internal Labor Regulations); - with a certain validity period (for example, vacation schedule, staffing table).

Continued 6. By storage period: - permanent storage (for example, Regulations on remuneration, Regulations on structural divisions); - 75 years (for example, job descriptions, shift schedule - for heavy, 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 relation to which such acts must be adopted. Conventionally, the structure of local acts can be divided into the following parts: - general provisions: list of regulated issues; regulatory legal acts, according to which local act accepted; categories of persons subject to the local act. - main part: 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, deadlines, responsibilities, etc.

Continuation - final provisions: time of entry into force of the local act, list of local acts or individual provisions that terminate with the adoption of a new act. Local acts may contain appendices 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 Resolution of the State Standard of Russia from Art.)

Development of local regulations The procedure for developing 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 identified during meetings, meetings, and meetings of the pedagogical council. Determining the stages and timing of the development of a local act. In practice, the employer (manager) sets them when discussing issues that require the development and approval of a local act.

Continued Creation of a working group to develop a local act. Such a group may consist of representatives of the administration, teaching staff, parent community, public council and, in particular, the student council, 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. Posting 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 upon with the working group members 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) a local act comes into force from the date of its adoption 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) approving the local act. Practice shows that the second method is more often used in educational organizations. However, the method of approval remains internal matter organizations, because This procedure is not legally established.

Familiarization of 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 with signature with all local acts adopted by the organization and directly related to their labor activity. In accordance with paragraph 4 of Art. 9 of the Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” the texts of statutes and rules are posted in places accessible to children and their parents internal regulations organizations. If a local act concerns students and their parents, it must be brought to their attention. It is advisable to familiarize 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 provided their email address in their application or otherwise, then the text of the local act can be sent by email.

Continuation There are several ways to confirm that employees are familiar with local regulations: By signing the person on the familiarization sheet. His last name, first name, patronymic and date of acquaintance must also be indicated. This sheet is attached to each local act, numbered, stitched and sealed with the seal and signature of an official. or The signature of a person on a separate document - a log of familiarization of employees, students and their parents with local acts. Unlike the familiarization sheet, this magazine provides the opportunity to familiarize yourself with several local acts. The signature of the person on the familiarization sheet, which is an appendix to the employment contract, to 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 our own discretion. In this case, it is important that the adopted local acts do not worsen the situation of workers, students, and 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 originally developed and approved.

Cancellation of local regulations The grounds for termination of a local act or its individual provisions are: expiration. This situation is possible if, when developing a local act, the period of its validity was determined. entry into force of a law or other normative legal act regulating legal relations in the field of education, or containing labor law norms, a collective agreement, an agreement, when these acts establish more high level guarantees to employees compared to the current local act.

Actions of the head of an educational organization to respect the rights of participants in the educational process Establish the presence, 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 opinions of student councils, parent councils, representative bodies of students are taken into account, as well as in the manner and in cases provided for by labor legislation, representative bodies of workers.

Continuation 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 situation of students or employees of an educational organization in comparison with the provisions established by education legislation, labor legislation, or 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 accepts local regulations on the main issues of organization and implementation educational activities,

Continuation including regulating: rules for admission of students, mode of classes for students, forms, frequency and procedure for ongoing monitoring of progress and intermediate certification of students, procedure and grounds for transfer, expulsion and reinstatement of students, 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 In an educational organization, it is mandatory to have local regulations of the educational organization that establish the rights of students on the issues of: providing conditions for learning, taking into account the characteristics of their psychophysical development and health status, including obtaining socio-pedagogical and psychological assistance, free psychological, medical and pedagogical correction; training according to an individual curriculum, including accelerated training, within the framework of the educational program being mastered; selection of optional (optional for a given level of education, profession, specialty or area of training) and elective (mandatory) academic subjects, courses, disciplines (modules) from the list offered by the organization carrying out educational activities (after receiving basic general education);

Continued participation in the management of the educational organization in the manner established by its charter; use of medical and health infrastructure, cultural objects and sports facilities of an educational organization; rewards for success in educational, physical education, sports, social, scientific, scientific and technical, creative, experimental and innovative activities; visiting events that are held in an organization carrying 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) in work not provided for by the educational program is prohibited).

Continuation An educational organization must have local regulations of the educational organization establishing the rights of parents (legal representatives) on the following issues: familiarization with educational program documentation and other documents regulating the organization and implementation of the educational process; familiarization with the content of education, the methods of teaching and upbringing used, educational technologies, as well as 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 participate in such examinations, refusal to conduct them or participate in them, obtaining information about the results of examinations of students;

Continuation In an educational organization, it is mandatory to have local regulations of the educational organization that establish the rights of pedagogical and other employees of the educational organization on the following issues: specific labor (job) responsibilities (employment contract and job description), the relationship between 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.

Posting 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 of: 1) information: a) on the date of creation of the educational organization, on the founder, founders of the educational organization, on the location of the educational organization and its branches (if any), regime , work schedule, contact numbers and about addresses Email; b) about the structure and governing bodies of the educational organization; c) about the educational programs being implemented, indicating the academic 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 budgetary allocations from the federal budget, budgets of constituent entities of the Russian Federation, local budgets and under educational agreements at the expense of individuals and (or) legal entities; e) about 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 personnel of teaching staff, indicating the level of education, qualifications and work experience;

Continuation 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, food conditions and health protection for students, access to information systems and information and telecommunication networks, about electronic educational resources to which students are provided); j) about the directions and results of scientific ( research) activities and research base for its implementation (for educational organizations higher education, additional organizations vocational education);

Continuation k) about the results of admission for each profession, specialty of secondary vocational education (if there are entrance tests), each area of training or specialty of higher education with different conditions of admission (for places financed from budgetary allocations of the federal budget, budgets of constituent entities of the Russian Federation, local budgets, under educational agreements 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, reinstatement and expulsion; l) on the number of vacant places for admission (transfer) for each educational program, profession, specialty, area of training (for places financed from budgetary allocations of the federal budget, budgets of constituent entities of the Russian Federation, local budgets, under educational agreements at the expense of funds individuals and (or) legal entities);

Continuation n) about the availability and conditions for providing students with scholarships, measures social support; o) on the availability of a dormitory, boarding school, the number of residential premises in the dormitory, boarding school for nonresident students, the formation of fees for accommodation in the dormitory; o) on the volume of educational activities, the financial support of which is carried out at the expense of budgetary allocations from the federal budget, budgets of constituent entities of the Russian Federation, local budgets, under educational agreements at the expense of individuals and (or) legal entities; p) on the receipt of financial and material resources and their expenditure at the end of the financial year; c) on the employment of graduates;

Continuation 2) copies of: a) the charter of the educational organization; b) licenses to carry out 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 the budget estimate of an educational organization; e) local regulations provided for in Part 2 of Article 30 of the Federal Law “On Education in the Russian Federation”, internal regulations for students, internal labor regulations, collective agreement;

Continuation of 3) self-examination report. 4) a document on the procedure for the provision of paid educational services, including a sample agreement on the provision of paid educational services, a document on approval of the cost of training for each educational program; 5) instructions from 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, publication of which is mandatory in accordance with the legislation of the Russian Federation.

Topic 1 Charter of an educational organization

Main characteristics of the organization of the educational process, including:

The language(s) in which training and education are conducted;

Rules for admission of students and pupils;

Duration of training at each stage of training;

The procedure and grounds for expulsion of students and pupils;

§ 1.3. The procedure for adoption, approval and registration of the charter of an educational organization

According to the Law of the Russian Federation “On Education” (clause 2 of Article 13), the charter of a civil educational organization, in the part not regulated by the legislation of the Russian Federation, is developed and adopted by the educational organization and approved by its founder.

The procedure for approving the charter of a federal state educational institution is established by a federal executive body authorized by the Government of the Russian Federation, a state educational institution under the jurisdiction of a constituent entity of the Russian Federation - an executive body of a constituent entity of the Russian Federation, a municipal educational institution - a local government body. Thus, each municipal district and city district must adopt a regulatory legal act defining the procedure for approving the charter. The absence of such a normative legal act is a violation of legislation in the field of education by the relevant authorized local government body. It should be noted that the charter norm of the Law of the Russian Federation “On Education” on the approval of the charter by the founder does not mean that the charter is approved by one authority performing the functions of the founder. Thus, in order to approve the charter, a fairly multi-stage approval procedure can be described, providing for the participation of several bodies in the approval state power or local government bodies performing the functions of the founder within the framework of various procedures for approval, approval, etc.

Subclause 12 of clause 2 of Art. 32 of the Law of the Russian Federation “On Education” specifies that the competence of an educational organization includes “the development and adoption of a charter by the staff of the educational organization for submitting it for approval.” In our opinion, the collective should be understood not only as employees of an educational organization, but also as other participants in the educational process: students, parents (legal representatives). The charter can be adopted at a general meeting of participants in the educational process or at their conference.

The situation is somewhat more complicated with the approval of the charter when creating an educational organization. The charter is a necessary condition for state registration of the creation of an educational organization as a legal entity; therefore, it must be approved before the formation of the educational organization’s staff. Separate standard provisions contain a rule regulating this situation. Thus, in accordance with clause 34 of the Model Regulations on an educational institution of primary vocational education, approved by Decree of the Government of the Russian Federation dated 01.01.01 No. 000, it is stipulated that in the educational institution being created, the charter is approved by the founder for a period of no more than 1 year. It seems that in newly created educational organizations of other types and types (for example, schools), before the formation of a team, the charter can be approved by the founder for a period of no more than a year. It is advisable that such a norm be present in the act of the local government establishing the procedure for approving charters, and then in the charter itself.

Any changes and additions to the charter of an educational organization are adopted in the same manner as the charter itself.

The charter developed, adopted and approved by the founder (amendments to the charter) are subject to state registration. The procedure for state registration of changes to the constituent documents of legal entities is regulated by the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” dated August 8, 2001 (with subsequent amendments and additions). With regard to the registration of changes to the constituent documents of state and municipal educational institutions, the registration forms and registration procedure provided for commercial organizations apply, and the registration itself is carried out in the territorial bodies of the Federal tax service(tax inspectorates) (clauses 4.1., 4.2., 5 of Article 1 of the Federal Law “On Non-Profit Organizations”). The charters of non-state (private) educational organizations are registered in a special procedure provided for non-profit organizations in the bodies of the Ministry of Justice of the Russian Federation (Article 23 of the Federal Law “On Non-Profit Organizations”)

Test questions for topic 1

1. List the features of the charter as the main local act of an educational institution

2. List the special requirements for the content of the charter of an educational institution

3. Describe the algorithm for making changes to the charter of an educational institution

Topic 2 Concept, characteristics and types of local acts

§ 2.1. The concept of a local act

The system of local acts of an educational organization is the subject of supervision over compliance with the legislation of the Russian Federation in the field of education, which is one of the main functions of government bodies exercising control and supervision in the field of education. When carrying out activities to supervise compliance with the legislation of the Russian Federation in the field of education, persons exercising supervision check, first of all, the content of the regulatory legal framework of the educational organization, developed and adopted at the local level, and then the direct activities of the organization, i.e. as data local acts are implemented in practice.

A local act of an educational organization is an official legal document based on legislation, adopted in the prescribed manner by the competent governing body of an educational organization and regulating relations within this educational organization.

§ 2.2. Signs of a local act

Let us consider in detail the characteristics that all local acts of an educational organization must comply with.

1. A local act of an educational organization is an official legal document issued in writing and containing the necessary details:

(a) a name reflecting the form of the act and its summary(for example, Rules of conduct for students);

(b) date of publication;

(d) signature of the authorized official

(e) in necessary cases, approval visas and the seal of a general education organization (for example, a local act defining the annual calendar educational schedule must have an approval visa with the local government body, subparagraph 8 of paragraph 2 of Article 32 of the Law of the Russian Federation “On Education”).

It should be noted that currently there are no mandatory requirements for the execution of local acts. Requirements GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for registration of documents" are recommended.

2. The local act of an educational organization is based on legislation in the broad sense of the word, i.e. not only on federal laws and laws of the constituent entities of the Russian Federation, but also on by-laws. First of all, any local act must comply with the Law of the Russian Federation “On Education”, as well as the standard regulations on an educational organization of the corresponding type and type. In addition, it must be remembered that legal support The activities of an educational organization are multi-level. The activities of an educational organization are regulated by federal regulations and regulations of the authorities of the constituent entities of the Russian Federation. In addition, some issues of the activities of municipal educational institutions can be regulated at the local level, in accordance with the competence of local governments.

What are local regulations?

Local regulations - these are documents that establish certain regulations for repeated use, mandatory for all employees of the organization, that is, having normativity.

Signs of regulations:

written documentation (there are no oral regulations);
acceptance in due course;
effect on an indefinite number of persons;
repeated use;
creation for the purpose of regulatory regulation.

It is worth noting that LNA should not be confused with legal acts, since the concept "legal" applies only to those documents accepted by authorities. Regulatory legal acts are located in a certain hierarchy, where the main document is the Constitution of the Russian Federation, followed by federal regulations (laws and codes), and then regional ones. Documents of a lower level cannot contradict regulatory legal acts of a higher level, and all acts must comply with the Constitution of the Russian Federation.

In an educational organization, local regulations also constitute a hierarchy. The local act of the highest legal force in an organization should be its charter, followed by orders, regulations and instructions. The documents of an educational organization cannot contradict its charter, regional and federal legislation.

What types are LNA divided into?

Local regulations according to the degree of importance are divided into mandatory And optional. The composition of mandatory LNAs is determined by law, while optional LNAs are not provided for by law. The institution accepts them at its discretion. For example, job descriptions, regulations on organizing children's recreation, regulations on employee training, and so on.

For educational organizations, mandatory LNA is established by Article 30 of Federal Law N 273-FZ. It states that educational organizations develop LNA on the organization and implementation of educational activities, including:

admission rules;
training mode;
current control and intermediate certification (procedure, forms and frequency);
transfer, expulsion or reinstatement of students (procedure and grounds);
the procedure for registering the emergence, suspension and termination of relations between the public organization and students or their parents (legal representatives).

Please note that this article makes no reference to specific type LNA - order, instruction or regulation. Only the topics of these documents are given.

Mandatory documents also include documents regulating labor relations: internal regulations, regulations on certification, instructions and rules regulating safety and labor protection in the institution, regulations on remuneration and others.

These documents must be in any organization and are developed in accordance with Labor Code RF:

LNA norms should not worsen the situation of workers in comparison with labor legislation, collective agreements, agreements;
documents are brought to the attention of employees against signature;
local regulations are mandatory. For failure to comply with their provisions, the employee may be subject to disciplinary liability, and the employer to administrative liability.

According to the method of acceptance, LNA are divided into:

adopted by the manager alone (staffing schedule, job descriptions, orders, instructions);
adopted taking into account the opinions of the representative body of workers (regulations on vocational training, retraining and advanced training of workers). In such cases, the procedure provided for in Article 372 of the Labor Code of the Russian Federation is observed.

The opinion of the representative body of employees is taken into account when adopting:

documents establishing labor standards (Article 162 of the Labor Code of the Russian Federation);
shift schedules (Article 103 of the Labor Code of the Russian Federation);
provisions on remuneration (Article 135 of the Labor Code of the Russian Federation);
internal regulations (Article 190 of the Labor Code of the Russian Federation);
local acts establishing forms of training and additional professional education for workers (Article 196 of the Labor Code of the Russian Federation).

Based on the nature of their action, LNAs are distinguished:

general - apply to all employees of the organization (internal regulations, regulations on remuneration);
special - apply to a certain category of employees (regulations on a particular unit, regulations on sending on business trips).

What should an educational institution follow when developing a LNA?

Almost all requirements for LNA are formulated in the law “On Education in the Russian Federation”. How to use it? The principle is quite simple - if a situation arises in an institution, described in the norm of the law on education, then the need to create a corresponding local regulatory act also arises.

For example, Article 16 of the Law “On Education in the Russian Federation” provides for the possibility of receiving education remotely. If the educational institution intends to use this opportunity, then appropriate internal document, if it is not going to, then there is no need for local regulatory regulation.

The need to adopt local acts is also determined by those regulations that do not regulate either educational or labor relations. For example, Federal Law No. 273-FZ of December 25, 2008 “On Combating Corruption” obliges all organizations to take measures to prevent corruption.

In a letter dated April 1, 2013, the Ministry of Education and Science recommends for adoption those LNAs that regulate:

admission rules;
training mode;
training according to an individual curriculum;
forms, frequency and procedure for ongoing monitoring of progress and intermediate certification of students;
the procedure and grounds for transfer, expulsion and reinstatement 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;
the amount of the scholarship and fee for the use of residential premises in the dormitory for students;
procedure and forms of final certification and others.

In total, the letter contains a list of 28 local regulations, the adoption of which is within the competence of educational organizations and their founders (clause 19.34).

The Ministry of Education and Science invites heads of educational organizations to use the methodological recommendations set out in the ministry’s letter dated December 20, 2000 N 03-51/64 when working with documents. This letter contains requirements for the preparation of specific types of organizational and administrative documents, rules for systematization and storage of documents, and the procedure for working with them.

How are LNA accepted in an educational organization?

The procedure for the development, adoption and approval of local regulations is determined by the educational organization itself. This procedure is usually enshrined in the institution's charter.

It is important that the language of the documents is understandable to people with different levels of education, since local regulations of an educational organization are of interest not only to employees of this institution, but also to parents or students themselves. Ideally, the text of documents should be written as if you were writing for a sixteen-year-old teenager: simply and with a minimum of special terms.

The procedure for developing local regulations:

Identification of issues on which adoption of the LNA is necessary. Draft documents are developed by decision of the administration, the pedagogical council, the general meeting of institution employees and the parent committee.

Any employee of the institution has the right to submit for consideration the issue of developing and adopting a local regulatory act.

Determining the stages and timing of document development. As a rule, they are established at the discussion stage.
Creation of a working group for the development of LNA. The administration entrusts this work to some department, a third party, or develops the project independently.

It is important to correctly distribute tasks among employees: who will draw up the document, who will check it for compliance with the law, and who will draw it up correctly. The working group for the development of the LNA may include not only representatives of the administration and teaching staff, but also members of the public council, parents of students and the students themselves (for example, representatives of the student council).

Preparation of a local regulatory act: the working group prepares a draft document, substantiates the need for this act and provides for the consequences of its adoption.
The project is put up for discussion. The developed document is discussed at a meeting of the body, where it is approved or sent for revision. The approval of the LNA is documented in a protocol. There may be other forms of presentation for discussion: posting the project on an information stand, the website of an educational institution, and so on.
The next step is the introduction of the LNA into action. For this purpose, the manager issues an appropriate order. From the date of its publication, the local normative comes into force.

Please note that in some cases local acts must be adopted taking into account the opinion of the representative body of workers (Article 8 of the Labor Code of the Russian Federation). Such a body could be a trade union committee.

The procedure for taking into account opinions is described in Article 372 of the Labor Code of the Russian Federation. The trade union committee expresses its opinion on the draft LNA in writing and transmits it to the head of the organization within five working days from the date of receipt of the document.

If the trade union committee does not agree with the adoption of the LNA, then the leader holds additional consultations with the committee within three days. If it was not possible to reach a common decision, then the disagreements that arose are documented in a protocol. After this, the manager has the right to adopt a local regulatory act, which the trade union committee can appeal in court or to the state labor inspectorate.

Elena Zachesova at the June webinar “Three strategies for the activities of educational organizations in the context of constant reform of the education system” recommended unifying all documents in order to simplify the development process, that is, creating templates. Make sure that all statements begin in the same way - for example, “This statement describes such and such” or “This statement was created for the purpose of regulating such and such activities.” Creating templates will make your life much easier, and over time it will become your salvation.

It will also be good if you choose a separate person who will read all these LNAs, check them with the charter, federal and regional legislation, and check for errors and typos. For example, in some provision you refer to the law “On Education in the Russian Federation”, but you incorrectly indicated the number of the law - instead of N 273-FZ you wrote N 263-FZ. It would seem that a minor typo in the LNA makes the document invalid.

The adoption of local regulations is not something beyond understanding, but if you underestimate the seriousness of working with documents, this will lead to miscalculations in the organization’s activities and complicate it. Local regulations are developed and adopted in an educational organization collectively, by a team. It is the manager’s task to form a team of like-minded people and organize its work.

You will learn how to improve the work of your organization at the online marathon

Local acts of educational institutions

Recommended by the Department of General Educational Institutions and Inspection of the Ministry of Education of Russia as a teaching material
(extracts)

1. On the formation of an organizational regulatory framework for the functioning of educational institutions
2. Technology for drafting regulations
3. Technology for drawing up job descriptions
4. Appendix 1. Approximate list of local acts of an educational institution
5. Appendix 2. Approximate list of local acts for institutions of primary vocational education
6. Appendix 3. Approximate position about the council of the educational institution
7. Appendix 4. Approximate regulations on the pedagogical council of an educational institution
8. Appendix 5. Approximate regulations on the parent committee of a general education institution
9. Appendix 6. Model agreement on cooperation between an educational institution and parents (legal representatives) of students
10. Appendix 7. Approximate provision on the conflict commission of an educational institution on issues of resolving disputes between participants in the educational process (examination period)
11. Appendix 8. Approximate provision on material incentives and financial assistance to employees of an educational institution
12. Appendix 9. Approximate regulations on the certification commission for conducting state (final) certification of graduates of a general education institution
13. Appendix 10. Approximate regulations on the procedure for approval and storage of examination materials in educational institutions
14. Appendix 11. Approximate regulations on the procedure for conducting intermediate control in transfer classes of general education institutions

On the formation of an organizational regulatory framework for the functioning of educational institutions

Inspections carried out in various regions of Russia showed that the formation of a legal framework for the activities of educational institutions has begun to be implemented everywhere with greater or lesser success.
Despite the differences in the pace and nature of changes in the educational situation in different regions of the country, heads of educational institutions face common problems. First of all, this is due to established by Law RF “On Education” by self-determination in the form of educational institutions and the need to form a legal framework for their activities. The democratization of education determines the state-social nature of management, thanks to which state and public associations, management structures, organizations.
At interregional seminars and meetings held by the Department of General Educational Institutions and Inspection in 1999–2001, it was already noted that, in accordance with Art. 2 of the Law of the Russian Federation “On Education” as amended by Federal Law No. 12-FZ of January 13, 1996, an educational institution is given the right to independently determine the regulatory legal basis for its activities. This is the competence of the educational institution. Educational authorities are responsible for recommendations and control.
The Ministry of Education of Russia, having analyzed the results of the inspections, notes that when developing the legal framework for the activities of educational institutions, the following problems were identified:
1. Determination of the necessary list of local acts of an educational institution in accordance with the approved charter.
2. Development of local acts of an educational institution as a legal document in accordance with the established form.
3. Determination of the tasks and functions of state-public forms of self-government of an educational institution.
4. Compliance of the developed regulatory legal framework regulating the activities of an educational institution with the current legislation of the Russian Federation in the field of education.
If the first two the listed problems are organizational in nature, then the last two indicate that modern stage All higher value is paid to the quality of the formed legal field.
It is relatively easy for specialists from educational authorities to check the solution to the first organizational problems. An approximate list of local acts was already discussed at a meeting on inspection issues in Pskov, published in a collection of information materials based on the results of this meeting and in methodological recommendations“Local acts of an educational institution” of the State Inspectorate under the Ministry of Education of Russia. Therefore, when checking the charters, which are the fundamental document for the formation of the legal framework for the activities of educational institutions, it is necessary to select a list of local acts for a given institution and compare its completeness with the list given in the appendix to the charter.
Clause 1.7 “b” of Art. 13 of the “Charter of an educational institution” of the Law of the Russian Federation “On Education” shows that the charter of an educational institution must indicate: “the structure, the procedure for forming the governing bodies of the educational institution, their competence and the procedure for organizing activities.” Therefore it is necessary to determine:
– what governing bodies operate in this educational institution;
– what are their functional management connections;
– whether they act in accordance with the approved regulations (local act).
This applies to the council of an educational institution, the pedagogical council, the parent committee, the general meeting of the workforce, methodological associations in specialties, councils of high school students, councils of graduates and other self-government bodies of the educational institution (clause 2 of article 35 of the Law of the Russian Federation “On Education”).
Classic organizational method the distribution and consolidation of tasks, functions (responsibilities), rights and responsibilities, the establishment of relationships is regulation. Regulation is carried out through regulations, job descriptions and other regulations.

Technology for drafting provisions

Position is an organizational and legal document regulating activities of departments, institutions and their structural divisions.
Typically, provisions consist of the following sections:
1. General part (general provisions).
2. Relationships with other self-government bodies.
3. Main tasks.
4. Functions (responsibilities).
5. Rights.
6. Responsibility.
7. Organization of management.
8. Office work.
Section “General part”(general provisions)” includes:
– determination of the status of the self-government body in the management system;
- instructions about who it is headed and to whom it reports;
– degree of independence;
– participation in the implementation of the target program or performance of target management functions.
Section “Main tasks” defines:
– direction of activity of self-government bodies;
– tasks for which the given self-government body is responsible.
Section “Functions”(responsibilities)” contains a list of functions, the implementation of which ensures the solution of tasks assigned to the self-government body with a certain specification of work for each function.
Section “Rights” determines the rights of the self-government body to ensure that this unit performs its functions.
Section “Management organization” contains a description organizational structure self-government body, instructions on the place of leaders within the body itself (for example, in the presence of groups, commissions, etc.), determines the frequency, time and type of organizational activities (planning meetings, meetings, etc.).
Section “Relationships with other departments” is developed on the basis of incoming and outgoing documentation with the identification of basic relationships. This section can establish the relationship of this self-government body with public divisions (organizations) - all kinds public councils and commissions, trade union, etc.
Section “Responsibility” provides for the establishment of responsibility of the self-government body and its head for the implementation of tasks and functions. This section is characterized by the greatest complexity of development, since here it is necessary to indicate the application of sanctions for non-fulfillment or poor performance of tasks and functions, as well as to determine the conditions under which this or that responsibility occurs. But, as a rule, in this section the following entry is made: “The self-government body is responsible for the implementation of the tasks and functions assigned to it.”
Section “Office work”– this is keeping minutes of meetings, planning activities, and drawing up reports.

Technology for drawing up job descriptions

The basis for drawing up job descriptions for employees of educational institutions should be the charter and Regulations on the type and type of educational institution, existing qualification characteristics and qualification requirements for the position, standards of labor costs for performing work.
The tasks and functions of the governing body of an educational institution, defined in the Regulations, are detailed in job descriptions and distributed among employees in such a way that there is no duplication of work and the sequence of operations is maintained, with complex operations assigned to employees of higher qualifications. In addition, each employee is endowed with rights that are necessary and sufficient for the successful performance of the duties assigned to him and which are a detail of the rights granted to the management body as a whole.
Job Descriptions, as a rule, is developed by the head of the governing body with the help of the employees themselves for whom they are published. In this case, the entire scope of work inherent to a given management body is taken into account. In controversial cases, so-called photos of the working day. Job descriptions are recommended to be reviewed and updated as necessary due to changes in the functions of management bodies.
As a rule, the job description of a manager or employee should contain five sections:
1. General Provisions.
2. Main tasks.
3. Rights.
4. Responsibility.
5. Requirements for the employee.
IN section “General provisions” The exact name of the employee’s position is determined. This is necessary to determine the role of the position in the specific conditions of the educational institution, the level of remuneration of the employee filling the position, bonus conditions, as well as the right decision questions social security. The employee's job title must reflect the nature of the work he performs and strictly comply with the current nomenclature of positions. Only by determining the name of the position can you reveal its purpose and determine the level of remuneration of the employee filling this position.
Next, the employee’s subordination is determined. In accordance with management principles, an employee should have only one immediate supervisor. The presence of two or more managers leads to a decrease in the responsibility of both the subordinate and the managers themselves.
In addition, an official is determined who appoints the employee to the position and dismisses him from it.
Indicates whether the employee has subordinates.
This paragraph is linked to the “Responsibility” section, which, in the case of subordinates, stipulates responsibility not only for the employee’s own actions, but also for the actions of subordinates.
Contains instructions on the procedure for replacing an employee in the event of his temporary absence (vacation, long business trip, illness, etc.). This point is especially important in job descriptions for managers. If there are no clear instructions about the officials who perform the duties of managers during their absence, this will disorganize the work of the institution.
In addition to the above, it contains a list of documents (legislative acts of the Russian Federation, charter of an educational institution, instructions, recommendations, etc.) that guide the employee in his activities.
Section “Main tasks and responsibilities” The job description reveals the main tasks of the employee arising from the tasks and functions of this educational institution.
In this case, the content of a specific task or function, the implementation of which is assigned to the employee, is most accurately determined. It should be noted that all functions of an educational institution, without exception, are distributed among employees, including heads of department and management.
Next, the specific responsibilities of the employee are written down, the fulfillment of which ensures the solution of the tasks assigned to him. This subsection is important for managers of an educational institution, as it contains questions defining the responsibilities associated with organizing the activities of an educational institution. These include work on advanced training, selection and placement of personnel, introduction of elements of scientific labor organization, development of creative initiative of employees and more.
Section “Rights”. It provides a list of rights granted to the employee for the successful performance of the duties assigned to him. When drawing up this section, it is necessary to take into account the fixation of specific rights in the employee’s area of activity, taking into account the specifics of his work.
A clear definition of rights helps resolve controversial issues in relationships between employees in an educational institution. If necessary, an employee can assert his rights on the basis of a legal document, such as a job description.
Providing rights to an employee facilitates the full performance of the duties assigned to him. That is why the next section of the job description - “Responsibility” - provides for equal responsibility both for failure to fulfill duties and for failure to use the rights granted to the employee.
Section “Responsibility”. In this section, it would be possible to list all the duties and rights, indicating in the title part personal responsibility for their failure or non-fulfillment. However, this would unjustifiably increase the volume of each instruction, so it is recommended to define responsibility in one phrase: “the employee bears disciplinary liability for poor quality and untimely performance of duties and failure to use the rights provided for in the job description.”
Contents section “Employee Requirements” the requirements for the level of education and experience of the employee are determined, allowing them to successfully perform the duties of the position.
Regarding the quality of the developed regulatory legal documents, among the main comments we note the following:
– vague, overly general formulations of tasks and functions do not allow them to be specified and understood;
– duplication – the same tasks, functions are performed by different departments, self-government bodies, educational institutions, employees;
– vacuum – the functions that need to be performed are not assigned to any department or employee. When performing such “orphan” functions, tense situations usually arise;
– discrepancy – there is no provision for mutual coordination of the activities of departments and employees. Tasks are not completed to completion, and document flows are not coordinated with each other;
– overload or underload – the number of functions that need to be performed is determined irrationally, without taking into account the actual volume of work provided for by these functions and the time standards for their implementation;
– imbalance – unbalanced functions (responsibilities), rights and responsibilities. With many responsibilities and a minimum of rights, the employee gets tired of the position and begins to show interest in a more balanced job. This, in particular, is one of the reasons for conflicts in teams.
Neglect of the development of regulations and job descriptions leads to their inconsistency with reality. The rule comes into force: what is not done with the help of regulations and job descriptions is automatically transferred to the shoulders of the organizers. They are forced to devote a lot of time to organizing the work of management bodies and workers, and unsuccessful regulations and job descriptions are kept only for inspectors as arguments for “good organization of work.” In organizations where regulations and job descriptions are viewed not as documents for shelves, but as effective organizational practices, Special attention is devoted to their periodic clarification and updating. This approach makes it possible to timely bring the content of regulations and other local acts into line with the conditions, objectives, and needs of education management at the present stage of development, ensuring improvement and, therefore, flexibility of the management system of educational institutions.
The recommendations given in this publication define only the basic provisions for the formation of a regulatory framework, so they can be supplemented locally by independent developments that improve this system, but do not contradict the legislation of the Russian Federation in the field of education.

Appendix 1. Approximate list of local acts of an educational institution

1. Regulations on the council of an educational institution.
2. Regulations on the pedagogical council.
3. Regulations on the board of trustees.
4. Regulations on the parent committee.
5. Agreement between the educational institution and parents.
6. Agreement between the educational institution and the founder(s).
7. Rules of conduct for students (Gymnasium Student’s Code of Honor).
8. Internal regulations of the educational institution.
9. Regulations on the establishment of allowances and additional payments to the official salaries of employees.
10. Employment contract(contract) with employees.
11. Job descriptions of employees, including administrative and economic personnel, subject teachers, class teachers, social teacher, psychologist, etc. in the form:

a) general situation,
b) should know..,
V) functional responsibilities,
d) rights, competence,
e) organization of activities, etc.

12. Regulations on the methodological association of teachers.
13. Regulations on the certification (examination) commission.
14. Regulations on the assessment system, forms, procedure and frequency of intermediate and final certification of students.
15. Regulations on the conflict commission during oral examinations.
16. Regulations on temporary commissions under the board of an educational institution (audit, commissioning of installed equipment, etc.).
17. Regulations on the forms of education in a given educational institution (externship, self-education according to individual programs, regulations on family education, regulations on free attendance at classes, regulations on correction classes and compensatory education classes, etc.).
18. Regulations on associations of students and pupils (regulations on the scientific society of students, etc.).
19. Regulations on scholarships for students.
20. Regulations on the study room.
21. Safety instructions and rules for working in hazardous areas, workplaces, and classrooms.
22. Decisions of pedagogical councils, orders for educational institutions.
23. Regulations on paid additional educational services.
24. Regulations on entrepreneurial activity educational institution.
25. Regulations on competitive admission of students to an educational institution.
26. Regulations on school subject Olympiads and competitions. (...)

1. General Provisions
In order to promote the implementation of self-government principles, the development of the initiative of the team, the implementation of the rights of autonomy of an educational institution in resolving issues that contribute to the organization of the educational process and financial and economic activities, the expansion of collegial, democratic forms of management and the implementation of state-public principles of management, a self-government body is created - Council of an educational institution.
The council of an educational institution works closely with the administration and public organizations of the educational institution and in accordance with current legislation and regulations:
– the Constitution of the Russian Federation;
– UN Convention on the Rights of the Child;
– Law of the Russian Federation “On Education”;
– decrees and orders of the President of the Russian Federation, the Government of the Russian Federation;
– standard regulations on an educational institution;
– regulatory legal acts of the Ministry of Education of the Russian Federation;
– the charter of the educational institution and these Regulations.

2. Tasks of the Council of an educational institution
2.1. Development of a development plan for an educational institution.
2.2. Participation in the creation optimal conditions for organizing the educational process in an educational institution.
2.3. Organization of public control over the health protection of participants in the educational process, over safe conditions for its implementation.
2.4. Organization of a study of the demand of residents of the microdistrict for the provision of additional educational services, including paid ones, by an educational institution.
2.5. Providing practical assistance to the administration of an educational institution in establishing functional connections with cultural and sports institutions to organize leisure time for students.
2.6. Coordination (approval) of local acts of an educational institution in accordance with the established competence.

3. Functions of the Council of an educational institution
3.1. During the period between conferences of an educational institution, the Council of the educational institution carries out general management within the established competence.
3.2. Council of the educational institution:
– organizes the implementation of the decisions of the conference of the educational institution;
– takes part in the discussion of the long-term development plan of the educational institution;
– the chairman of the Council, together with the head of the institution, represents the interests of the educational institution in state, municipal, and public governing bodies, as well as, along with the parent committee and parents (legal representatives), the interests of students, ensuring social legal protection of minors;
– on the recommendation of the methodological (pedagogical) council of the educational institution, discusses the need to introduce profiles for differentiation of training (humanities, natural mathematics, etc.), profiles of industrial training;
– coordinates the work schedule of the educational institution, the duration of the school week and training sessions in accordance with the curriculum and schedule of the educational process, selects, in agreement with the municipal education management body, a holiday schedule and sets the start date for them;
– approves the internal labor regulations of the educational institution, regulations on the parent committee and other local acts within the established competence;
– in cooperation with the teaching staff, organizes the activities of other self-government bodies of the educational institution;
– supports public initiatives to improve and develop the training and education of youth, creative search teaching staff in organizing experimental work; determines the ways of interaction of an educational institution with research, production, cooperative organizations, voluntary societies, associations, creative unions, other state (or non-state), public institutions and foundations in order to create necessary conditions for the comprehensive development of the personality of students (pupils) and professional growth teachers;
– listens to the head about the rational use of extra-budgetary funds for the activities of the educational institution; identifies additional sources of funding; coordinates the centralization and distribution of funds of an educational institution for its development and social protection of employees, students (pupils) of the educational institution;
– hears reports on the work of the head of the institution, his deputies, and other employees, submits proposals for improving the work of the administration to the conference for consideration; gets acquainted with the final documents of inspection by educational authorities, etc. activities of this educational institution and hears reports on measures to eliminate shortcomings in its work;
– within the framework of the current legislation of the Russian Federation, takes the necessary measures to protect teaching staff and the administration of an educational institution from unjustified interference in their professional activities, as well as to ensure guarantees of the autonomy of the educational institution and its self-government; addresses these issues to the municipality and public organizations.

4. Composition of the Council of the educational institution
4.1. Representatives of teaching staff, students (pupils) of levels II and III, the public, parents (legal representatives), and representatives of the founder can be elected to the Council of an educational institution. The norm of representation in the Council and the total number of Council members are determined by a conference of the staff of the educational institution, taking into account the opinion of the founder. At the next election, the composition of the Council, as a rule, is renewed by at least a third.
Annual rotation of the Council - at least one third of the composition of each representative office.
4.2. The board of an educational institution meets at least four times a year. Members of the Council of an educational institution perform their duties on a voluntary basis.
4.3. The board of the educational institution elects its chairman. The head of the educational institution is a member of the Council as a co-chairman.
4.4. To keep minutes of the meetings of the Council, a secretary is elected from among its members.
4.5. The conference of an educational institution may prematurely remove a member of the Council from its composition at a personal request or on the proposal of the chairman of the Council.
4.6. Decisions of the Council of an educational institution, adopted within its competence and in accordance with the legislation of the Russian Federation, are advisory for the administration of the educational institution and all members of the team. In some cases, an order may be issued for an educational institution, establishing the mandatory execution of the decision of the Council of the educational institution by participants in the educational process.

5. Rights and responsibilities of the Council of an educational institution
5.1. All decisions of the Council of an educational institution that are advisory are promptly brought to the attention of the staff of the educational institution, parents (legal representatives) and the founder.
5.2. The board of an educational institution has the following rights:
– a member of the Council of an educational institution may demand a discussion outside the plan of any issue related to the activities of the educational institution if his proposal is supported by a third of the members of the entire Council;
– propose to the head of the educational institution an action plan to improve the work of the educational institution;
– attend and take part in discussions on improving the organization of the educational process at meetings of the pedagogical council, methodological association of teachers, parent committee of an educational institution;
– listen to and take part in the discussion of reports on the activities of the parent committee and other self-government bodies of the educational institution;
– attend the final certification of graduates of an educational institution (for Council members who are not parents of graduates);
– participate in the organization and conduct of institutional educational events for students;
– together with the head of the educational institution, prepare information and analytical materials about the activities of the educational institution for publication in the media.
5.3. The board of an educational institution is responsible for:
– implementation of the work plan;
– compliance with the legislation of the Russian Federation on education in its activities;
– competence of decisions made;
– development of principles of self-government of an educational institution;
– strengthening the authority of the educational institution.

6. Office work
6.1. Annual work plans of the Council of an educational institution and reports on its activities are included in the list of affairs of the educational institution.
6.2. Minutes of meetings of the Council of an educational institution, its decisions are documented by the secretary in the “Book of Minutes of Meetings of the Council of an Educational Institution”, each protocol is signed by the chairman of the Council and the secretary.
The book of minutes of meetings of the Council of an educational institution is included in the list of affairs of the educational institution and is stored in its office.
6.3. Appeals from participants in the educational process with complaints and proposals for improving the work of the Council are considered by the Chairman of the Council or members of the Council on behalf of the Chairman.
Registration of citizens' appeals is carried out by the office of the educational institution.

Appendix 4. Approximate regulations on the pedagogical council of an educational institution

1. General Provisions
1.1. The Pedagogical Council is a permanent governing body of an educational institution to consider the main issues of the educational process.
A pedagogical council is created in all educational institutions where more than three teachers work.
1.2. The Pedagogical Council includes: the head of the educational institution (usually the chairman of the pedagogical council), his deputies, teaching staff, including an educational psychologist, a social teacher, a senior counselor, as well as a doctor, a librarian, the chairman of the parent committee and other heads of self-government bodies educational institution, representative of the founder. Teaching staff can also be elected to the Pedagogical Council.
1.3. The Pedagogical Council operates on the basis of the Law of the Russian Federation “On Education”, standard regulations on an educational institution, other regulatory legal acts on education, the charter of an educational institution, and these Regulations.
1.4. The decisions of the Pedagogical Council are recommendations for the staff of the educational institution. Decisions of the Pedagogical Council, approved by order of the educational institution, are binding.

2. Objectives and content of the work of the Pedagogical Council
2.1. The main tasks of the Pedagogical Council are:
implementation public policy on educational issues;
orientation of the activities of the teaching staff of the institution towards improving the educational process;
development of the content of work on general methodological topic educational institution;
introduction into the practical activities of teaching staff of the achievements of pedagogical science and advanced pedagogical experience;
resolving issues of admission, transfer and graduation of students (pupils) who have mastered educational programs corresponding to the license of this institution.
2.2. The Pedagogical Council performs the following functions:
discusses and approves the work plans of the educational institution;
hears information and reports from teaching staff of the institution, reports from representatives of organizations and institutions interacting with this institution on issues of education and upbringing of the younger generation, including reports on checking compliance with the sanitary and hygienic regime of the educational institution, on labor protection, health and life of students (pupils) ) and other issues of educational activities of the institution;
makes a decision on conducting an intermediate certification based on the results of the academic year, on admitting students to the final certification on the basis of the Regulations on the state (final) certification of graduates of state and municipal educational institutions, transferring students to the next class or leaving them for a repeat course; issuing relevant documents on education, awarding students (pupils) for success in learning with diplomas, certificates of commendation or medals;
makes decisions on expulsion of students from an educational institution when other measures of pedagogical and disciplinary action have been exhausted, in the manner prescribed by the Law of the Russian Federation “On Education” and the charter of this educational institution. At the same time, the educational institution promptly (within three days) brings this decision to the attention of the relevant municipal education management department (the decision is approved by local government bodies).

3. Rights and responsibilities of the Pedagogical Council
3.1. The pedagogical council has the right:
create temporary creative associations with the invitation of specialists in various fields and consultants to develop recommendations with their subsequent consideration by the Pedagogical Council;
make a final decision on controversial issues within its competence;
adopt and approve regulations (local acts) with competence related to professional associations;
in necessary cases, representatives of public organizations, institutions interacting with this institution on educational issues, parents of students, representatives of institutions participating in the financing of this institution, etc. may be invited to meetings of the Pedagogical Council of an educational institution, etc. The need for their invitation is determined by the chairman of the Pedagogical Council, the founder ( if this provision is stipulated in the agreement between the founder and the educational institution). Persons invited to a meeting of the Pedagogical Council have the right to an advisory vote.
3.2. The pedagogical council is responsible for:
implementation of the work plan;
compliance of the decisions made with the legislation of the Russian Federation on education and the protection of children’s rights;
approval of educational programs that do not have an expert opinion;
making specific decisions on each issue under consideration, indicating responsible persons and deadlines.

4. Organization of the activities of the Pedagogical Council
4.1. The pedagogical council elects a secretary from among its members. The secretary of the teachers' council works on a voluntary basis.
4.2. The pedagogical council works according to a plan that is an integral part of the work plan of the educational institution.
4.3. Meetings of the Pedagogical Council are convened, as a rule, once a quarter in accordance with the work plan of the educational institution.
4.4. Decisions of the Pedagogical Council are made by a majority vote if at least two-thirds of its members are present at the meeting (unless the voting process is stipulated by a special provision. In case of an equal number of votes, the decisive vote is the chairman of the Pedagogical Council.
4.5. The organization of implementation of decisions of the Pedagogical Council is carried out by the head of the educational institution and the responsible persons specified in the decision. The results of this work are reported to members of the Pedagogical Council at its subsequent meetings.
4.6. The head of the educational institution, in case of disagreement with the decision of the Pedagogical Council, suspends the implementation of the decision, notifies the founder of the institution, who, within three days, with the participation of interested parties, is obliged to consider this application, get acquainted with the reasoned opinion of the majority of members of the Pedagogical Council and make a final decision on the controversial issue.

5. Documentation of the Pedagogical Council
5.1. Meetings of the Pedagogical Council are documented in protocol. The book of minutes records the progress of the discussion of issues submitted to the Pedagogical Council, the proposals and comments of the members of the Pedagogical Council. The minutes are signed by the chairman and secretary of the council.
5.2. Protocols on the transfer of students to the next class and on graduation are drawn up by the payroll and approved by order of the educational institution.
5.3. The protocols are numbered from the beginning of the academic year.
5.4. The book of minutes of the Pedagogical Council of an educational institution is included in its nomenclature of affairs, is stored in the institution permanently and is transferred according to the act.
5.5. The book of minutes of the Pedagogical Council is numbered page by page, laced, sealed with the signature of the head and the seal of the educational institution.

Appendix 5. Approximate regulations on the parent committee of a general education institution

1. General Provisions
1.1. These Regulations regulate the activities of the parent committee of a general education institution, which is a self-government body of a general education institution.
1.2. The regulations on the Parent Committee are adopted at a school-wide parent meeting, approved and put into effect by order of the educational institution in agreement with the founder. Changes and additions to these Regulations are made in the same manner.
1.3. The Parents Committee (hereinafter referred to as the Committee) is headed by a chairman. The committee is subordinate and accountable to the school-wide parent meeting. The term of office of the Committee is one year (or the rotation of the Committee is carried out annually by 1/3).
1.4. To coordinate the work, the Committee includes the deputy head of the educational institution for educational work.
1.5. The activities of the Committee are carried out in accordance with the UN Convention on the Rights of the Child, the current legislation of the Russian Federation in the field of education, the Model Regulations on a general education institution, the charter of a general education institution and these Regulations.
1.6. The Committee's decisions are advisory.
Only those decisions of the Committee for the implementation of which an order is issued for a general educational institution are binding.

2. Main tasks
The main objectives of the Committee are:
2.1. Assistance to the administration of a general education institution:
– in improving the conditions for the implementation of the educational process, protecting the life and health of students, and the free development of personality;
– in protecting the legal rights and interests of students;
– in organizing and conducting school-wide events.
2.2. Organization of work with parents (legal representatives) of students of a general education institution to explain their rights and responsibilities, the importance of the comprehensive upbringing of a child in the family.

3. Functions of the school-wide parent committee
3.1. Helps ensure optimal conditions for organizing the educational process (provides assistance in purchasing textbooks and preparing visual teaching aids).
3.2. Coordinates the activities of class parent committees.
3.3. Conducts explanatory and advisory work among parents (legal representatives) of students about their rights and responsibilities.
3.4. Provides assistance in conducting school-wide events.
3.5. Participates in the preparation of the educational institution for the new academic year.
3.6. Together with the administration of the educational institution, he controls the organization of the quality of food for students and medical care.
3.7. Provides assistance to the administration of a general education institution in organizing and conducting school-wide parent meetings.
3.8. Considers appeals addressed to itself, as well as appeals on issues referred by these regulations to the competence of the Committee, on behalf of the head of the educational institution.
3.9. Discusses local acts of educational institutions on issues within the competence of the Committee.
3.10. Takes part in organizing safe conditions for the educational process, compliance with sanitary and hygienic rules and regulations.
3.11. Interacts with public organizations on the issue of promoting school traditions and the way of school life.
3.12. Interacts with the teaching staff of educational institutions on issues of crime prevention, neglect and homelessness among minor students.
3.13. Interacts with other self-government bodies of educational institutions on issues of conducting school-wide events and other issues within the competence of the Committee.

4. Rights of the parent committee
In accordance with the competence established by these Regulations, the Committee has the right:
4.1. Make proposals to the administration and self-government bodies of educational institutions and receive information about the results of their consideration.
4.2. Seek clarification from institutions and organizations.
4.3. Hear and receive information from the administration of a general education institution and its self-government bodies.
4.4. Summon parents (legal representatives) of students to their meetings based on recommendations (decisions) of class parent committees.
4.5. Take part in the discussion of local acts of educational institutions.
4.6. Provide clarifications and take action on pending requests.
4.7. Introduce public censure to parents who deviate from raising children in the family.
4.8. Encourage parents (legal representatives) of students for active work in the Committee, providing assistance in conducting school-wide events, etc.
4.9. Organize permanent or temporary commissions under the leadership of Committee members to perform their functions.
4.10. Develop and adopt local acts (on the class parent committee, on permanent and temporary committees of the Committee).
4.11. The Chairman of the Committee may be present (with subsequent informing the Committee) at individual meetings of the pedagogical council and other self-government bodies on issues within the competence of the Committee.

5. Responsibility of the parent committee
The committee is responsible for:
5.1. Execution of the work plan.
5.2. Implementation of decisions and recommendations of the Committee.
5.3. Establishing mutual understanding between the management of a general education institution and parents (legal representatives) of students in matters of family and public education.
5.4. High-quality decision-making in accordance with current legislation.
5.5. Inaction of individual members of the Committee or the entire Committee.
5.6. Members of the Committee who do not take part in its work may be recalled by voters upon the recommendation of the Chairman of the Committee.

6. Organization of work
6.1. The Committee includes representatives of parents (legal representatives) of students, one from each class (depending on the number of classes in a general education institution, it may include one representative from a parallel, two representatives from a class, etc.). Representatives to the Committee are elected annually at class parent meetings at the beginning of the school year.
6.2. The educational institution independently determines the number of members of the Committee.
6.3. The Committee elects a chairman from among its members (depending on the number of members, deputy chairmen and a secretary can be elected).
6.4. The committee works according to the work regulations and plan developed and adopted by it, which are agreed upon with the head of the educational institution.
6.5. The Committee reports on its work to the school-wide parent meeting at least twice a year.
6.6. The committee is authorized to make decisions if at least half of its members are present at the meeting. Decisions are made by a simple majority of votes.
6.7. The Committee's correspondence on issues within its competence is conducted on behalf of the educational institution; documents are signed by the head of the educational institution and the chairman of the Committee.

7. Office work
7.1. The Committee keeps minutes of its meetings and school-wide parent meetings in accordance with the Instructions on record keeping in a general education institution.
7.2. The minutes are stored in the office of the educational institution.
7.3. Responsibility for office work in the Committee rests with the Chairman of the Committee or the Secretary.

Read the ending in the next issue

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"First of September"

Regulatory basis for the functioning of educational institutions

Despite the differences in the pace and nature of changes in the educational situation in different regions of the country, heads of educational institutions face challenges common problems. First of all, this is due to the established Law of the Russian Federation "On Education" self-determination in the form of educational institutions and the need to form a legal framework for their activities. The democratization of education determines the state-public nature of management, thanks to which state and public associations, management structures, and organizations unite and interact, coordinate their actions.

At interregional seminars and meetings held by the Department of General Educational Institutions and Inspection in 1999-2001, it was already noted that in accordance with Article 2 of the Law of the Russian Federation "On Education" as amended by the Federal Law of January 13, 1996 No. 12-FZ, an educational institution given the right to independently determine the regulatory legal basis for its activities. This is the competence of the educational institution. Educational authorities have recommendations and control.

The Ministry of Education of Russia, having analyzed the results of the inspections, notes that when developing the legal framework for the activities of educational institutions, the following problems were identified:

1. Determination of the necessary list of local acts of an educational institution in accordance with the approved charter;

2. Development of local acts of an educational institution as a legal document in accordance with the established form;

3. Determination of the tasks and functions of state-public forms of self-government of an educational institution;

4. Compliance of the developed regulatory legal framework regulating the activities of an educational institution with the current legislation of the Russian Federation in the field of education.

If the first two of the listed problems are of an organizational nature, then the last two indicate that at the present stage more and more importance is being given to the quality of the formed legal field.

It is relatively easy for specialists from educational authorities to check the solution to the first organizational problems. An approximate list of local acts was already discussed at a meeting on inspection issues in Pskov, published in a collection of information materials based on the results of this meeting and in the methodological recommendations “Local acts of an educational institution” of the State Inspectorate under the Ministry of Education of Russia. Therefore, when checking the charters, which are the fundamental document for the formation of the legal framework for the activities of educational institutions, it is necessary to select a list of local acts for a given institution and compare its completeness with the list given in the appendix to the charter.

Clause 1.7 "b" of Article 13 "Charter of an educational institution" of the Law of the Russian Federation "On Education" shows that the charter of an educational institution must indicate: "the structure, the procedure for forming the governing bodies of the educational institution, their competence and the procedure for organizing activities." Therefore it is necessary to determine:

What governing bodies operate in this educational institution;

What are their functional management connections;

Do they act in accordance with the approved regulations (local act).

This applies to the council of an educational institution, the pedagogical council, the parent committee, the general meeting of the workforce, methodological associations in specialties, councils of high school students, councils of graduates and other self-government bodies of the educational institution (clause 2 of article 35 of the Law of the Russian Federation “On Education”).

The classic organizational method of distributing and securing tasks, functions (responsibilities), rights and responsibilities, and establishing relationships is regulation. Regulation is carried out through regulations, job descriptions and other regulations.

Technology for drafting provisions

Regulations are an organizational and legal document regulating the activities of departments, institutions and their structural divisions.

Typically, the provisions consist of the following sections:

1. General part (general provisions).

2. Relationships with other self-government bodies.

3. Main tasks.

4. Functions (responsibilities).

6. Responsibility.

7. Organization of management.

8. Office work.
Section "General part (general provisions)" includes:

Determining the status of the self-government body in the management system;

Indications about who it is headed and to whom it reports;

Degree of independence;

Participation in the implementation of a target program or performance of target management functions.

Section "Main tasks" defines:

Direction of activities of self-government bodies;

Tasks for which this self-government body is responsible.

Section "Functions (Responsibilities)" contains a list of functions, the implementation of which ensures the solution of tasks assigned to the self-government body with a certain specification of work for each function.

"Rights" section determines the rights of the self-government body to ensure that this unit performs its functions.

Section "Management organization" contains a description of the organizational structure of the self-government body, instructions on the place of leaders within the body itself (for example, in the presence of groups, commissions, etc.), determines the frequency, time and type of organizational activities (planners, meetings, etc.).

Section "Relationships with other departments" is developed on the basis of incoming and outgoing documentation with the identification of basic relationships. This section can establish the relationship of this self-government body with public divisions (organizations) - all kinds of public councils and commissions, trade unions, etc.

Section "Responsibility" provides for the establishment of responsibility of the self-government body and its head for the implementation of tasks and functions. This section is characterized by the greatest complexity of development, since here it is necessary to indicate the application of sanctions for non-fulfillment or poor performance of tasks and functions, as well as to determine the conditions under which this or that responsibility occurs. But, as a rule, in this section the following entry is made: “the self-government body is responsible for the implementation of the tasks and functions assigned to it.”

Section "Office work"- taking minutes of meetings, planning activities, and drawing up reports.

Technology for drawing up job descriptions

5. Agreement between the educational institution and parents.

6. Agreement between the educational institution and the founder(s).

7. Rules of conduct for students.

8. Internal regulations of the educational institution.

9. Regulations on the establishment of allowances and additional payments to the official salaries of employees.

10. Employment agreement (contract) with employees.

11. Job descriptions of employees, including administrative and economic personnel, subject teachers, class teachers, social teacher, psychologist, etc. in the form:

a) general situation;

b) should know...;

c) functional responsibilities;

d) rights, competence;

e) organization of activities, etc.

12. Regulations on the methodological association of teachers.

13. Regulations on the certification (examination) commission.

14. Regulations on the assessment system, forms, procedure and frequency of intermediate and final certification of students.

15. Regulations on the conflict commission during oral examinations.

16. Regulations on temporary commissions under the council of an educational institution (audit, commissioning installed equipment and etc.).

17. Regulations on the forms of education in a given educational institution (externship, self-education according to individual programs, regulations on family education, regulations on free attendance at classes, regulations on correction classes and compensatory education classes, etc.).

18. Regulations on associations of students and pupils (regulations on the scientific society of students, etc.).

19. Regulations on scholarships for students.

20. Regulations on the study room.

21. Safety instructions and rules for working in hazardous areas, workplaces, and classrooms.

22. Decisions of pedagogical councils, orders for educational institutions.

23. Regulations on paid additional educational services.

24. Regulations on entrepreneurial activities of an educational institution.

25. Regulations on competitive admission of students to an educational institution.

26. Regulations on school subject Olympiads and competitions.

Appendix 2

Approximate list of local acts

for institutions of primary vocational education***

1. Job descriptions.

2. Regulations on the pedagogical council.

3. Regulations on methodological association.

4. Regulations on the methodological council.

5. Regulations on the Council of NGO Teachers.

6. Regulations on the extra-budgetary fund.

7. Regulations on the board of trustees of the extra-budgetary fund.

8. Regulations on the student council.

9. Regulations on student dormitories.

11. Regulations on material incentives for teaching staff, bonuses and additional payments.

12. Regulations on the student scientific association.

13. Regulations on the Olympiad, competition.

14. Regulations on the inspection of classrooms and workshops.

15. Regulations on additional educational services, including paid ones.

16. Regulations on the certification commission during the final certification of graduates.

17. Regulations on the conflict commission.

18. Regulations on the expert commission.

19. Regulations on the admission of students.

20. Regulations on the selection committee.

21. Regulations on the institutional commission for certification of teaching staff.

22. Regulations on internal control.

23. Regulations on the parent committee.

24. Agreement with parents.

25. Internal regulations.

27. Agreement with the base enterprise.

28. Regulations on industrial practice.

29. Agreement on interaction between local governments and vocational schools.

30. Regulations on obtaining basic general education on the basis of vocational schools.

“Enacted” “Considered”

Order No. 3 of 01/10/2014 Protocol No. 4 of 01/10/2014

School Director Chairman of the Teachers' Council

G.A. Gaizatullina G.A. Gaizatullina

POSITION

municipal budgetary educational institution "Novotinchalinskaya secondary school named after N.G. Faizov of the Buinsky municipal district of the Republic of Tatarstan" on the preparation work program subject teacher
1. General Provisions

1.1. This provision is drawn up on the basis of the following documents:

The federal component of the state standard of general education in the context of the modernization of Russian education. The federal component was developed in accordance with the Law of the Russian Federation “On Education” (Article 7) and the Concept of modernization of Russian education for the period until 2010.
The regulations contain requirements for the design of calendar and thematic planning for subject teachers.

1.2. Calendar-thematic planning is a document regulating the activities of the teacher in implementing the curriculum in the subject.

Calendar and thematic planning is developed by the teacher for each class in accordance with the curriculum and the requirements of the State educational standard.
Calendar and thematic planning developed by the teacher is agreed upon with the head of the methodological association and approved by the school director no later than September 15.

1.3. The objectives of drawing up calendar and thematic planning are:

Determining the place of each topic in the annual course and the place of each lesson in the topic;
Determining the relationship between individual lessons and topics of the annual course;
Formation of a rational system of work to equip students with a system of knowledge, skills and abilities in the subject.

1.4. The degree of development of the calendar-thematic plan is a criterion of the teacher’s professionalism.

1.5. When developing a calendar-thematic plan for a training course, the teacher implements the sequence of the following actions:

Forecasting, foreseeing the progress and results of work;
Program development necessary measures, sequences of actions;
Selection of the most optimal methods and techniques for their implementation;
Accurate calculation of activities in time and establishment of start and end dates for its stages;
Determination of forms and methods of accounting and monitoring of performance results.

2 . Structure of calendar-thematic planning

subject teacher:

Title page.
Explanatory note.

Software and educational and methodological equipment of the curriculum;

2.3. Own thematic planning of the academic subject.
3. Requirements for the design of the title page

The title page must contain the following information:

“Agreed”: head of RMO…….. /I.O.F./, date
“I approve”: Director of MBOU Novotinchalinskaya Secondary School....../I.O.F./, date
School name
Document's name
Subject name (must match the name in the curriculum)
Class
Teacher's full name
Academic year

4. Requirements for the preparation of an explanatory note

The explanatory note must indicate:

Document(s) on the basis of which calendar thematic planning was compiled (basic curriculum, Federal State Standard, Sample program, original program recommended by the RF Ministry of Defense)
Teaching materials for teachers (methodological manual, textbook, workbooks, etc.)
Class
Number of hours per week according to the school curriculum: federal, regional, school component. The number of hours is reserve. Total amount.
Educational technology (traditional, developmental, etc.). Educational model (“Russian School”, “Harmony”, “School 2100”, etc.)

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