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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 regulations are understood as those developed and adopted by an educational organization in accordance with its competence, determined by the current legislation Russian Federation and constituent documents of the employer, internal documents that establish norms (rules) of a general nature, designed to regulate the management, financial, economic, personnel and other functional activities of the organization. The charter should be recognized as a local act of the highest legal force in the organization.

Continuation The charter of an educational organization must contain, along with the information provided for by the legislation of the Russian Federation, the following information: 1) type of educational organization; 2) the founder or founders of the educational organization; 3) types of implemented educational programs indicating the level of education and (or) focus; 4) the structure and competence of the governing bodies of the educational organization, the procedure for their formation and terms of office.

Continued In accordance with paragraph 3 of Art. fourteen federal law from the Federal Law "On non-profit organizations" in the constituent documents of a non-profit organization, the name of the non-profit organization must be determined, containing an indication of the nature of its activities and the organizational and legal form, the location of the non-profit organization, the procedure for managing activities, the subject and goals of the activity, information about branches and representative offices, rights and obligations of members, conditions and procedure for admission to and withdrawal from a non-profit organization (if the non-profit organization has membership), sources of formation of property of a non-profit organization, procedure for amending founding documents non-profit organization, the procedure for the use of 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 institution must also contain the name of the institution, an indication of the type of institution, information about the owner of its property, an exhaustive list of activities that a budgetary or state institution is entitled to carry out in accordance with the goals for which it was created, instructions on the structure, the competence of the governing bodies of the institution, the procedure for their formation, the terms of office and the procedure for the activities of such bodies. In accordance with Art. 7 of the Federal Law of the Federal Law "On Autonomous Institutions" The charter of an autonomous institution must contain the following information: 1) the name of the autonomous institution, indicating the nature of its activities, as well as the owner of its property; 1.1) an indication of the type - "autonomous institution";

Continuation 2) location of the autonomous institution; 3) information about the body exercising the functions and powers of the founder of an autonomous institution; 4) the object and objectives of the activities of the autonomous institution; 5) an exhaustive list of activities that an autonomous institution is entitled to carry out in accordance with the goals for which it was created; 6) information about branches, representative offices of the autonomous institution; 7) the structure, competence of the bodies of the autonomous institution, the procedure for their formation, the terms of office and the procedure for the activities of such bodies; 8) other information provided for by federal laws.

Types of local acts There are quite a lot of types of local acts; for convenience, they can be classified according to the following criteria. 1. In order of importance: mandatory - the composition of such local acts is determined by labor and civil legislation. The Labor Code of the Russian Federation, the Federal Law "On Education in the Russian Federation" contain a direct indication of the adoption of such documents (for example, Articles 135, 189 of the Labor Code of the Russian Federation, Article 52 of the Civil Code of the Russian Federation, Article 25 of the Federal Law "On Education in the Russian Federation "). optional - such documents are not directly provided for by law, the institution adopts local acts at its discretion (for example, the Regulation on voluntary medical insurance, the Regulation on the organization of children's recreation).

Continuation 2. By scope: - of a general nature, covering the entire organization (for example, Internal Labor Regulations, vacation schedule); - of a special nature, relating to certain issues (for example, the Regulation on sending employees to business trips, Regulations on structural divisions, Regulations on specialized offices). 3. By circle of persons: - applicable to all employees of the organization (for example, the Internal Labor Regulations, vacation schedule); - extending to a certain category of participants in legal relations (Regulations on irregular working hours, Regulations on granting additional holidays to employees, Rules of conduct for students in an educational institution).

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

Continuation 6. According to the period of storage: - permanent storage (for example, Regulations on wages, Regulations on structural divisions); - 75 years (for example, job descriptions, shift schedule - for severe, harmful and hazardous conditions labor); - other.

Structure and content of local regulations The structure and content of local regulations depend on the range of issues in respect of which it is necessary to adopt such acts. Conventionally, the structure of local acts can be divided into the following parts: - general provisions: list of regulated issues; normative legal acts, according to which local act accepted; categories of persons subject to the local act. - the main part: the rights and obligations of the employee and employer, administration, teaching staff and students and their parents; procedures not defined by law; actions of the parties, terms, responsibility, etc.

Continuation - final provisions: the time of entry into force of a local act, a list of local acts or individual provisions that terminate with the adoption of a new act. Local acts may contain annexes relating to issues reflected in these acts. When writing the text of a local act, one should be guided by the norms of the “Unified Documentation System. Unified system of organizational and administrative documentation. Documentation requirements. GOST R "(approved by the Decree of the State Standard of Russia from Art.).

Development of local regulations The procedure for the development of local regulations is not established by law, so the educational organization determines it independently. Conventionally, the procedure for developing local acts can be divided into the following stages: Identification of issues that require the development and approval of a local act. In practice, such a need is revealed during meetings, meetings, meetings of the pedagogical council. Determination of the stages and terms for the development of a local act. In practice, the employer (manager) establishes them when discussing issues in respect of which the development and approval of a local act is required.

Continued Establishment of a working group to develop a local act. Such a group may consist of representatives of the administration, the teaching staff, the parent community, the public council and, in particular, the council of students, because in accordance with Article 26 of the Federal Law "On Education in the Russian Federation", students of all educational organizations have the right to participate in the management of an educational organization. Articles 52, 53 of the Labor Code of the Russian Federation provide for the right of employees to participate in the management of the organization. Preparation of a draft local act. Placing the project for discussion on the official website of the educational organization. Approval of the draft local act. At this stage, the project must be agreed with the members of the working group and other interested parties. Approval of the project by the head of the educational organization.

Adoption of local acts According to Art. 12 of the Labor Code of the Russian Federation (using the analogy of the law, we extend the effect of this article to local acts regulating relations other than labor relations), a local act enters into force from the day it is adopted by the employer or from the day specified in this document. The head of an educational organization can adopt local acts in the following ways: approve; issue an order (instruction) on the approval of a local act. Practice shows that the second method is more often used in educational organizations. At the same time, the method of assertion remains internal affairs organizations, because this order is not legally enforced.

Familiarization of the subjects of educational legal relations with local regulations According to part 2 of article 22 of the Labor Code of the Russian Federation, employees must be familiarized against signature with all local acts adopted in the organization and directly related to their labor activity. In accordance with paragraph 4 of Art. 9 of the Federal Law "On the Basic Guarantees of the Rights of the Child in the Russian Federation" in places accessible to children and their parents, the texts of charters, rules internal regulations organizations. If a local act concerns students, their parents, it must be brought to their attention. It is advisable to acquaint students and their parents with the local acts of the institution upon admission to an educational institution, at a general or class meeting. If the student and his parent in their application or otherwise provided their email address, then you can send the text of the local act by email.

Continuation There are several ways to confirm the fact that employees have familiarized themselves with local acts: By signing the person on the familiarization sheet. His last name, first name, patronymic and date of familiarization must also be indicated. This sheet is attached to each local act, numbered, stitched and sealed with the seal and signature of the official. or Signature of a person on a separate document - a journal of familiarization of employees, students and their parents with local acts. Unlike the familiarization sheet, this magazine provides for the possibility of familiarization with several local acts. The signature of the person on the familiarization sheet, which is an annex to the employment contract, to the materials of the student's personal file.

Changing local regulations An educational organization has the right to make changes to local acts: in connection with the entry into force or change of legislation in the field of education, a law or other regulatory legal act containing labor law norms, a collective agreement, an agreement; at your own discretion. In this case, it is important that the adopted local acts do not worsen the situation of employees, students, their parents in comparison with labor legislation, legislation in the field of education, collective agreements, agreements (part 4 of article 8 of the Labor Code of the Russian Federation). Changes are made in the same order in which the local act was developed and approved initially.

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

Actions of the head of the educational organization to respect the rights of participants in the educational process Establish the availability, analyze and examine local and individual regulatory legal acts, documents and materials of the educational organization, local acts of the educational organization are valid only within the educational organization itself and cannot regulate relations that develop outside the organization . In accordance with paragraph 3 of Art. 30 of the Federal Law of the Russian Federation of December 29, 2012 273-FZ "On Education in the Russian Federation", when adopting local regulations affecting the rights of students and employees of an educational organization, the opinion of student councils, parent councils, student representative bodies, as well as in in the manner and in cases provided for by labor legislation, representative bodies of employees.

Continued In accordance with paragraph 4 of Art. 30 of the Federal Law of the Russian Federation of December 29, 2012 273-FZ "On Education in the Russian Federation" norms of local regulations that worsen the position of students or employees of an educational organization in comparison with the established legislation on education, labor legislation, or regulations adopted in violation of the established procedure , do not apply and are subject to cancellation by the educational organization. In accordance with paragraph 2 of Art. 30 of the Federal Law of the Russian Federation of December 29, 2012 273-FZ "On Education in the Russian Federation", an educational organization takes local regulations on the main issues of organization and implementation educational activities,

Continuation, including regulating: the rules for the admission of students, the mode of study of students, the forms, frequency and procedure for monitoring the progress and intermediate certification of students, the procedure and grounds for the transfer, expulsion and restoration of students, the procedure for registering the emergence, suspension and termination of relations between the educational organization and students and (or) parents (legal representatives) of minor students.

Local regulations An educational organization must have local regulations of an educational organization that establish the rights of students on the following issues: providing conditions for learning, taking into account the peculiarities of their psychophysical development and health status, including obtaining socio-pedagogical and psychological help, free psychological, medical and pedagogical correction; training according to an individual curriculum, including accelerated learning, within the educational program being mastered; choice of optional (optional for a given level of education, profession, specialty or area of training) and elective (mandatory) subjects, courses, disciplines (modules) from the list proposed by the organization carrying out educational activities (after receiving basic general education);

Continued participation in the management of an educational organization in the manner prescribed by its charter; use of medical and recreational infrastructure, cultural and sports facilities of an educational organization; rewards for success in educational, physical culture, sports, social, scientific, scientific and technical, creative, experimental and innovative activities; visits to events that are held in an organization that carries out educational activities and are not provided for by the curriculum (engaging students without their consent and minor students without the consent of their parents (legal representatives) to work not provided for by the educational program is prohibited).

Continuation In an educational organization, it is mandatory to have local regulations of the educational organization that establish the rights of parents (legal representatives) on the following issues: familiarization with the educational and program documentation and other documents regulating the organization and implementation of the educational process; familiarization with the content of education, the methods of education and upbringing used, educational technologies, as well as with the assessments of the progress of their children; obtaining information about all types of planned examinations (psychological, psychological and pedagogical) of students, consent to such examinations or participation in such examinations, refusal to conduct 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 an educational organization that secure the rights of pedagogical and other employees of an educational organization on the following issues: specific labor (job) duties (employment contract and job description), the ratio of educational (teaching) and other pedagogical work within the working week or academic year, taking into account the number of hours according to the curriculum, the specialty and qualifications of the employee, the working hours and rest time of the employee.

Placement of materials on the official website of the educational organization According to Part 2 of Art. 29 of the Federal Law "On Education in the Russian Federation", an educational organization ensures openness and availability of: 1) information: a) on the date of establishment of the educational organization, on the founder, founders of the educational organization, on the location of the educational organization and its branches (if any), , work schedule, contact numbers and about addresses Email; b) on the structure and management bodies of the educational organization; c) on ongoing educational programs indicating the subjects, courses, disciplines (modules), practices provided for by the relevant educational program;

Continuation d) on the number of students in educational programs being implemented at the expense of the budgetary allocations of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets and under education agreements at the expense of individuals and (or) legal entities; e) languages of education; f) on federal state educational standards, on educational standards (if any); g) about the head of the educational organization, his deputies, heads of branches of the educational organization (if any); h) on the personal composition of teaching staff, indicating the level of education, qualifications and work experience;

Continued i) on the material and technical support of educational activities (including the availability of equipped classrooms, facilities for conducting practical classes, libraries, sports facilities, training and education facilities, nutrition and health conditions for students, access to information systems and information and telecommunication networks, on electronic educational resources to which students have access); j) about directions and results of scientific ( research) activities and research base for its implementation (for educational organizations higher education, additional vocational education);

Continued k) on the results of admission for each profession, specialty of secondary vocational education (if there are entrance examinations), each area of training or specialty of higher education with different admission conditions (for places financed from the budgetary allocations of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, under agreements on education at the expense of individuals and (or) legal entities) indicating the average amount of points scored for all entrance examinations, as well as the results of transfer, restoration and expulsion; l) on the number of vacancies for admission (transfer) for each educational program, profession, specialty, field of study (for places financed from the budgetary allocations of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, under agreements on education at the expense of individuals and (or) legal entities);

Continued m) on the availability and conditions for providing scholarships to students, measures social support; n) on the availability of a hostel, a boarding school, the number of living quarters in a hostel, a boarding school for students from other cities, the formation of fees for living in a hostel; o) on the volume of educational activities, the financial support of which is carried out at the expense of the budgetary allocations of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, under agreements on education at the expense of individuals and (or) legal entities; p) on the receipt of financial and material resources and on their expenditure at the end of the financial year; c) employment of graduates;

Continuation 2) copies of: a) the charter of the educational organization; b) licenses for educational activities (with attachments); c) certificates of state accreditation (with attachments); d) a plan for the financial and economic activities of the educational organization, approved in accordance with the procedure established by the legislation of the Russian Federation, or the budget estimate of the educational organization; e) local regulations provided for by Part 2, Article 30 of the Federal Law “On Education in the Russian Federation”, internal regulations for students, internal labor regulations, collective agreement;

Continued 3) report on the results of self-examination. 4) a document on the procedure for the provision of paid educational services, including a sample contract for the provision of paid educational services, a document on the approval of the cost of education for each educational program; 5) instructions of the bodies exercising state control (supervision) in the field of education, reports on the implementation of such instructions; 6) other information that is posted, published by the decision of the educational organization and (or) placement, the publication of which is mandatory in accordance with the legislation of the Russian Federation.

Topic 1 Charter of the educational organization

The main characteristics of the organization of the educational process, including:

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

Rules for the admission of students, pupils;

Duration of training at each stage of training;

The procedure and grounds for the expulsion of students, pupils;

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

According to the Law of the Russian Federation "On Education" (clause 2, 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 the 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 - by an executive authority of a constituent entity of the Russian Federation, a municipal educational institution - by a local self-government body. Thus, in each municipal district and urban district, a normative legal act defining the procedure for approving the charter must be adopted. The absence of such a normative legal act is a violation of the legislation in the field of education by the relevant authorized body of local self-government. 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 that performs the functions of the founder. So, 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 self-government bodies that perform the functions of a founder within the framework of various procedures for approval, approval, etc.

Subparagraph 12 of paragraph 2 of Art. 32 of the Law of the Russian Federation "On Education" clarifies that the competence of an educational organization includes "the development and adoption of a charter by the staff of an educational organization to submit it for approval." Under the collective, in our opinion, should be understood not only the employees of the educational organization, but also 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 the state registration of the creation of an educational organization as a legal entity, in this regard, it must be approved before the formation of the staff of the educational organization. Separate model provisions contain a rule governing this situation. So, in accordance with clause 34 of the Model Regulation on an educational institution of primary vocational education, approved by Decree of the Government of the Russian Federation of 01.01.01 No. 000, it is fixed that in the educational institution being created, the charter is approved by the founder for a period of not more than 1 year. It seems that in newly created educational organizations of other types and types (for example, schools), before the formation of the team, the charter can be approved by the founder for a period of not more than a year. It is advisable that such a norm be present in the act of the local government, which establishes the procedure for approving charters, and then in the charter itself.

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

The charter (changes to the charter) developed, adopted and approved by the founder is 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 in the constituent documents of state and municipal educational institutions, the registration forms and the registration procedure provided for commercial organizations apply, and the registration itself is carried out in the territorial bodies of the Federal tax service(tax inspections) (clauses 4.1., 4.2., 5 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")

Security questions for topic 1

1. List the signs 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 amending the charter of an educational institution

Topic 2 Concept, signs 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 state authorities 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.

The local act of an educational organization is an official legal document based on the law, adopted in the prescribed manner by the competent management body of an educational organization and regulating relations within the framework of this educational organization.

§ 2.2. Signs of a local act

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

1. The 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 an authorized official

(e) if necessary, approval visas and the seal of a general educational organization (for example, a local act defining the annual calendar study schedule must have an approval visa with a local government, subparagraph 8, clause 2, article 32 of the Law of the Russian Federation "On Education").

At the same time, it should be noted that at present there are no mandatory requirements for the execution of local acts. Requirements of GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Requirements for paperwork” are recommended.

2. The local act of an educational organization is based on legislation in the broad sense of the word, that is, not only on federal laws and laws of the subject 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 model regulation on an educational organization of the appropriate type and type. In addition, it must be remembered that legal support activities of an educational organization is 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 normative acts:

written execution (there are no oral normative acts);
acceptance in the prescribed manner;
action on an indefinite circle of persons;
repeated use;
creation for regulatory purposes.

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

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

What are the types of LNA?

According to the degree of importance, local regulations are divided into obligatory And optional. The composition of mandatory LNA is determined by law, while optional LNA is not provided for by law. Their institution accepts 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;
class mode;
current control and intermediate certification (procedure, forms and frequency);
transfer, expulsion or reinstatement of students (procedure and grounds);
the procedure for registration of the emergence, suspension and termination of relations between the PA and students or their parents (legal representatives).

Please note that this article does not refer to concrete type LNA - order, order or position. Only the topics of these documents are given.

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

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

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

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

taken by the head alone (staffing, job descriptions, orders, orders);
adopted taking into account the opinion of the representative body of employees (regulations on vocational training, retraining and advanced training of employees). In such cases, the procedure provided for by 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 wages (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 the forms of training and additional professional education of employees (Article 196 of the Labor Code of the Russian Federation).

By the nature of the action, LNA is distinguished:

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

What should an educational institution be guided by 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 an appropriate local normative 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 an educational institution is going to use this opportunity, then an appropriate internal document if it is not collected, then there is no need for local regulatory regulation.

The need to adopt local acts is also conditioned by those legal acts that do not regulate either educational or labor relations. For example, the Federal Law of December 25, 2008 No. 273-FZ “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 LNA that regulate:

admission rules;
class mode;
training according to an individual curriculum;
forms, frequency and procedure for current monitoring of progress and intermediate certification of students;
the procedure and grounds for the 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 underage students;
the amount of scholarships and fees for the use of housing in a hostel for students;
the procedure and forms of the 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 the heads of educational organizations to use the Methodological Recommendations set forth in the letter of the Ministry 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, the rules for organizing and storing 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, as a rule, is enshrined in the charter of the institution.

It is important that the language of the documents is understandable to people with different levels of education, since the local regulations of the educational organization are of interest not only to the employees of this institution, but also to parents or the 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 technical terms.

The procedure for developing local regulations:

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

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

Definition of stages and terms of document development. As a rule, they are established at the stage of discussion.
Creation of a working group for the development of LNA. The administration entrusts this work to some division, a third party, or develops the project on its own.

It is important to correctly distribute tasks between 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 LNA may include not only representatives of the administration and teachers, 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 normative 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 submitted 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: placing 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. To do this, the head issues an appropriate order. From the date of its publication, the local normative one 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 body may 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 LNA project in writing and passes 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 conducts additional consultations with the committee within three days. If it was not possible to come to a common decision, then the disagreements that have arisen are drawn up in a protocol. After that, the head has the right to adopt a local normative act, which the trade union committee can appeal in court or in the state labor inspectorate.

Elena Zachesova at the June webinar "Three Strategies for the Activities of Educational Organizations in the Conditions of Continuous Reform of the Education System" recommended unifying all documents in order to simplify the development process, that is, to create templates. Make sure that all provisions begin in the same way - for example, "This regulation describes such and such" or "This regulation was created to regulate such and such activities." Creating templates will greatly simplify your life, over time it will become your salvation.

It will also be good if you choose a separate person who will proofread all these LNA, compare 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 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 invalidates the document.

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 activities of the organization, complicate it. Local regulations are developed and adopted in an educational organization collectively, by a team. This is the task of the leader - to form a team of like-minded people and organize its work.

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Local acts of an educational institution

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

1. On the formation of the organizational regulatory framework for the functioning of educational institutions
2. Technology of drafting regulations
3. Technology for compiling job descriptions
4. Appendix 1. An approximate list of local acts of an educational institution
5. Annex 2. Sample list of local acts for primary vocational education institutions
6. Appendix 3. Approximate position about the council of the educational institution
7. Annex 4. Approximate regulation on the pedagogical council of an educational institution
8. Appendix 5. Approximate regulation on the parent committee of a general education institution
9. Annex 6. Sample agreement on cooperation between an educational institution and parents (legal representatives) of students
10. Appendix 7
11. Annex 8. Approximate regulation on material incentives and material assistance to employees of an educational institution
12. Appendix 9
13. Annex 10. Approximate regulation on the procedure for approval, storage of examination materials in educational institutions
14. Annex 11. Approximate regulation on the procedure for conducting intermediate control in transfer classes of educational institutions

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

Inspection checks carried out in various regions of Russia showed that the formation of the legal framework for the activities of educational institutions began to be implemented everywhere with more or less success.
Despite the differences in the pace and nature of changes in the educational situation in different regions of the country, the leaders of educational institutions face common problems. First of all, this is related to established by law RF "On Education" self-determination in the form of educational institutions and the need to form the legal framework for their activities. The democratization of education determines the state-public nature of management, thanks to which the state and public associations, management structures, organizations.
At the interregional seminars-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 granted the right to independently determine the regulatory legal framework for its activities. This is the competence of the educational institution. For the educational authorities - recommendations and control.
The Ministry of Education of Russia, having analyzed the results of the inspections, notes that the following problems were identified in the development of the legal framework for the activities of educational institutions:
1. Determination of the required list of local acts of the 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. Definition of tasks and functions of state-public forms of self-government of an educational institution.
4. Compliance of the developed regulatory legal framework governing the activities of an educational institution with the current legislation of the Russian Federation in the field of education.
If the first two of listed problems are organizational in nature, the last two indicate that present stage all greater value paid to the quality of the formed legal field.
It is relatively easy for the specialists of educational authorities to verify the solution of the first, organizational, problems. An indicative list of local acts has already been discussed at a meeting on inspection issues in Pskov, published in a collection of information materials following the results of this meeting and in guidelines“Local acts of an educational institution” of the State Inspectorate under the Ministry of Education of Russia. Therefore, when checking 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 this institution and compare its completeness with the list that is given in the appendix to the charter.
Clause 1.7 "b" 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 the formation of management bodies of an 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 managerial relations;
- whether they act in accordance with the approved regulation (local act).
This applies to the council of the educational institution, the pedagogical council, the parent committee, the general meeting of the labor collective, methodological associations in specialties, councils of high school students, councils of graduates and other self-governing bodies of the educational institution (clause 2 of article 35 of the Law of the Russian Federation “On Education”).
Classic organizational method distribution and consolidation of tasks, functions (duties), rights and responsibilities, establishing relationships is regulation. Regulation is carried out with the help of regulations, job descriptions and other regulations.

Provisioning technology

Position is an organizational and legal document that regulates activities of departments, institutions and their structural subdivisions.
As a rule, the provisions consist of the following sections:
1. General part (general provisions).
2. Relationships with other self-government bodies.
3. Main tasks.
4. Functions (duties).
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;
- indications of who it is headed and to whom it is subordinate;
- degree of independence;
– participation in the implementation of the target program or the 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(duties)” contains a list of functions, the fulfillment of which ensures the solution of the 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 that ensure the performance of its functions by this unit.
Section “Organization of management” contains a description organizational structure self-government body, indications of the place of leaders within the body itself (for example, in the presence of groups, commissions, etc.), determines the frequency, time and type of organizational events (planning meetings, meetings, etc.).
Section “Relationships with other divisions” is developed on the basis of incoming and outgoing documentation with the definition of the main relationships. This section can establish the relationship of this self-government body with public divisions (organizations) - all kinds of public councils and commissions, trade unions, etc.
Section “Responsibility” provides for the establishment of the responsibility of the self-government body and its head for the performance of tasks and the implementation of functions. This section is the most difficult to develop, since here it is necessary to indicate the application of sanctions for non-performance or poor performance of tasks, functions, and also to determine the conditions under which this or that responsibility occurs. But, as a rule, the following entry is made in this section: “The self-government body is responsible for the fulfillment of the tasks and functions assigned to it.”
Section "Office work"- this is keeping minutes of meetings, planning activities, compiling reports.

Technology for compiling job descriptions

The basis for the preparation of job descriptions for employees of educational institutions should be the charter and the Regulation on the type and type of educational institution, the available qualification characteristics and qualification requirements for the position, labor standards for the performance of 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, and complex operations are assigned to employees of higher qualifications. In addition, each employee is endowed with the rights 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 management body with the help of the employees themselves, for whom they are published. At the same time, the entire volume of work inherent in this control body is taken into account. In disputable cases, so-called. photos of the working day. Job descriptions are recommended to be reviewed and updated as necessary in connection with the change in the function of the governing 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 title 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 replacing the position, the conditions for bonuses, as well as for right decision questions social security. The name of the position of the employee must reflect the nature of the work performed by him and strictly comply with the current nomenclature of positions. Only by determining the name of the position, it is possible to disclose its purpose and determine the level of remuneration of the employee replacing this position.
Next, the subordination of the employee is determined. In accordance with the principles of management, an employee should have only one immediate supervisor. The presence of two or more leaders leads to a decrease in the responsibility of both the subordinate and the leaders themselves.
In addition, an official is determined who appoints an employee to a position and releases him from it.
Indicates whether the employee has subordinates.
This paragraph is linked to the “Responsibility” section, which, if there are subordinates, stipulates responsibility not only for the employee’s own actions, but also for the actions of subordinates.
It 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 the job descriptions of managers. If there are no clear instructions about the officials who perform the duties of managers during their absence, then 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, the charter of an educational institution, instructions, recommendations, and so on) by which the employee is guided 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.
At the same time, 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 the functions of an educational institution, without exception, are distributed among employees, including the heads of departments and management.
Further, the specific duties of the employee are recorded, the fulfillment of which ensures the solution of the tasks assigned to him. This subsection is important for the leaders of an educational institution, as it contains questions that define the responsibilities associated with organizing the activities of an educational institution. These include work on advanced training, selection and placement of personnel, the introduction of elements of scientific labor organization, development of creative initiative of employees and more.
Section "Rights". It gives a list of the rights granted to the employee for the successful performance of the duties assigned to him. When compiling this section, it is necessary to take into account the fixation of specific rights in the direction of the employee's activity, taking into account the specifics of his work.
A clear definition of rights contributes to the resolution of contentious issues in the relationship between employees in an educational institution. An employee, if necessary, can assert his rights on the basis of a legal document, such as a job description.
Granting rights to the employee contributes to the full performance of the duties assigned to him. That is why the next section of the job description - "Responsibility" - provides for the same 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 duties and rights, indicating in the title part personal responsibility for their non-fulfilment or non-fulfillment. However, this would unnecessarily increase the volume of each instruction, therefore it is recommended to define responsibility in one phrase: “the employee bears disciplinary responsibility for poor-quality and untimely performance of duties and failure to use the rights provided for in the job description.”
content section “Employee requirements” the requirements for the level of education and length of service of the employee are determined, allowing to successfully fulfill the duties of the position.
In terms of the quality of the developed normative legal documents, among the main comments, we note the following:
- vague, overly general formulations of tasks and functions do not allow them to be concretized 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, employee. In carrying out such “homeless” functions, tense situations usually develop;
- discrepancy - mutual coordination of the activities of departments, employees is not provided. Tasks are not completed to the end, and document flows are not consistent with each other;
- overload or underload - the number of functions that need to be performed are determined irrationally, without taking into account the real amount of work provided for by these functions, and the time standards for their implementation;
- imbalance - unbalanced functions (duties), 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 causes of conflicts in teams.
A disdainful attitude to 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 shifted onto the shoulders of the organizers. They are forced to devote a lot of time to organizing the work of management bodies and employees, and unsuccessful positions and job descriptions are kept only for inspectors as arguments for “good organization of work”. In organizations where policies and job descriptions are viewed not as shelf documents but as good organizational practices, Special attention given to their periodic refinement, updating. This approach allows timely bringing the content of provisions, other local acts in line with the conditions, tasks, needs of education management at the present stage of development, ensuring the improvement and, consequently, the flexibility of the management system of educational institutions.
The recommendations given in this publication determine only the main provisions for the formation of a regulatory framework, therefore they can be supplemented on the ground by independent developments that improve this system, but do not contradict the legislation of the Russian Federation in the field of education.

Appendix 1. An 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 an educational institution and parents.
6. Agreement of an educational institution with the founder (founders).
7. Rules of conduct for students (Code of honor of a high school student).
8. Internal regulations of the educational institution.
9. Regulations on the establishment of allowances and additional payments to official salaries of employees.
10. Labor contract(contract) with employees.
11. Job descriptions of employees, including administrative and economic personnel, subject teachers, class teachers, social pedagogue, psychologist, etc. in the form:

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

12. Regulations on the methodological association of teachers.
13. Regulations on the attestation (examination) commission.
14. Regulations on the grading system, forms, procedure and frequency of intermediate and final attestation of students.
15. Regulations on the conflict commission during oral examinations.
16. Regulations on temporary commissions under the council of an educational institution (auditing, for commissioning installed equipment, etc.).
17. Regulations on the forms of education in this educational institution (external studies, self-education according to individual programs, regulations on family education, regulations on free attendance of classes, regulations on correction classes and compensatory education classes, etc.).
18. Regulations on associations of students, 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, in classrooms.
22. Decisions of pedagogical councils, orders for an educational institution.
23. Regulations on paid additional educational services.
24. Regulations on entrepreneurial activity educational institution.
25. Regulations on the competitive admission of students to an educational institution.
26. Regulations on the school subject Olympiad, on competitions. (…)

1. General Provisions
In order to promote the implementation of self-government principles, the development of the collective initiative, the exercise 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 the educational institution works in close contact with the administration and public organizations of the educational institution and in accordance with the current legislation and by-laws:
– the Constitution of the Russian Federation;
– the 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;
– model regulation 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 the educational institution
2.1. Development of a plan for the development of an educational institution.
2.2. Participation in the creation optimal conditions for the organization of the educational process in an educational institution.
2.3. Organization of public control over the health of participants in the educational process, over the 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 by an educational institution, including paid ones.
2.5. Providing practical assistance to the administration of an educational institution in establishing functional connections with institutions of culture and sports for the organization of leisure of 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. In the period between conferences of an educational institution, the Council of the educational institution exercises 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 a long-term plan for the development of an educational institution;
- the Chairman of the Council, together with the head of the institution, represents the interests of the educational institution in state, municipal, public authorities, and, along with the parent committee and parents (legal representatives), the interests of students, ensuring social legal protection of minors;
- on the proposal of the methodological (pedagogical) council of the educational institution, discusses the need to introduce training differentiation profiles (humanitarian, natural-mathematical, and other areas), industrial training profiles;
- agrees on the work schedule of the educational institution, the duration of the school week and classes in accordance with the curriculum and the schedule of the educational process, selects the vacation schedule in agreement with the education authority of the municipality and sets the dates for their start;
- approves the internal labor regulations of the educational institution, the regulation 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 education and upbringing of young people, creative search pedagogical workers in the organization of 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 versatile development of the personality of students (pupils) and professional growth teachers;
- hears the head of the rational use of extrabudgetary funds for the activities of the educational institution; determines 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 an educational institution;
- listens to reports on the work of the head of the institution, his deputies, other employees, submits proposals to the conference to improve the work of the administration; gets acquainted with the final documents on verification 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 the teaching staff and the administration of the educational institution from unreasonable interference in their professional activities, as well as to ensure the guarantees of the autonomy of the educational institution, its self-governance; appeals on these issues to the municipality, public organizations.

4. Composition of the Council of the educational institution
4.1. Representatives of teachers, students (pupils) of the II and III levels, the public, parents (legal representatives), 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 members of the Council are determined by the conference of the staff of the educational institution, taking into account the opinion of the founder. At regular elections, the composition of the Council, as a rule, is renewed by at least a third.
The annual rotation of the Council is at least one third of the composition of each representation.
4.2. The board of the 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. A secretary is elected from among its members to keep minutes of the meetings of the Council.
4.5. The conference of an educational institution may prematurely withdraw a member of the Council from its membership at a personal request or on the proposal of the chairman of the Council.
4.6. Decisions of the Council of an educational institution, taken within its competence and in accordance with the legislation of the Russian Federation, are advisory for the administration of the educational institution, all members of the team. In some cases, an order may be issued for an educational institution, establishing the obligatory execution of the decision of the Council of the educational institution by the participants in the educational process.

5. Rights and responsibilities of the Council of the educational institution
5.1. All decisions of the Council of an educational institution, which are advisory, are promptly brought to the attention of the staff of the educational institution, parents (legal representatives) and the founder.
5.2. The Council of an educational institution has the following rights:
- a member of the Council of an educational institution may demand an off-plan discussion of any issue related to the activities of an educational institution if his proposal is supported by a third of the members of the entire composition of the 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 the discussion of issues on improving the organization of the educational process at meetings of the pedagogical council, the methodological association of teachers, the parent committee of the educational institution;
- hear and take part in the discussion of reports on the activities of the parent committee, other self-government bodies of the educational institution;
– attend the final certification of graduates of an educational institution (for members of the Council 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 on the activities of the educational institution for publication in the media.
5.3. The board of the educational institution is responsible for:
- implementation of the work plan;
– compliance with the legislation of the Russian Federation on education in their activities;
– competence of decisions made;
- development of the principles of self-government of an educational institution;
- strengthening the credibility of the educational institution.

6. Office work
6.1. The annual work plans of the Council of the educational institution, reports on its activities are included in the nomenclature of affairs of the educational institution.
6.2. The minutes of the meetings of the Council of the educational institution, its decisions are drawn up by the secretary in the “Book of minutes of the meetings of the Council of the educational institution”, each protocol is signed by the chairman of the Council and the secretary.
The book of minutes of the meetings of the Council of the educational institution is entered into the nomenclature of affairs of the educational institution and is kept in its office.
6.3. Appeals of 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.

Annex 4. Approximate regulation 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.
The Pedagogical Council is created in all educational institutions where more than three teachers work.
1.2. The composition of the Pedagogical Council includes: the head of the educational institution (as a rule, the chairman of the teachers' council), his deputies, pedagogical workers, including a teacher-psychologist, social pedagogue, senior counselor, as well as a doctor, librarian, chairman of the parent committee and other heads of self-government bodies educational institution, representative of the founder. Teachers 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”, the model regulation 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 advisory for the staff of the educational institution. The decisions of the Pedagogical Council, approved by the order of the educational institution, are binding.

2. Tasks and content of the work of the Pedagogical Council
2.1. The main tasks of the Pedagogical Council are:
implementation public policy on education;
orientation of the activities of the teaching staff of the institution to improve the educational process;
development of the content of the work on the general methodological theme educational institution;
introduction of the achievements of pedagogical science and advanced pedagogical experience into the practical activities of pedagogical workers;
resolving issues of admission, transfer and graduation of students (pupils) who have mastered educational programs that correspond to the licenses 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 the teaching staff of the institution, reports from representatives of organizations and institutions interacting with this institution on the 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 (students ) and other issues of educational activities of the institution;
makes a decision to conduct an interim certification based on the results of the academic year, to admit students to the final certification on the basis of the Regulations on the state (final) certification of graduates of state, municipal educational institutions, transfer students to the next class or leave them for a second course; issuance of relevant documents on education, on rewarding students (pupils) for success in teaching with diplomas, certificates of merit or medals;
makes decisions on the expulsion of students from an educational institution, when other measures of pedagogical and disciplinary influence have been exhausted, in the manner determined 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 coordinated in local governments).

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 of various profiles, consultants to develop recommendations with their subsequent consideration by the Pedagogical Council;
make a final decision on controversial issues within its competence;
adopt, approve regulations (local acts) with competence related to associations by profession;
if necessary, 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. if this provision is stipulated in the agreement between the founder and the educational institution). Persons invited to the meeting of the Pedagogical Council enjoy the right of an advisory vote.
3.2. The Faculty Council is responsible for:
implementation of the work plan;
compliance of the decisions made with the legislation of the Russian Federation on education, on the protection of children's rights;
approval of educational programs that do not have an expert opinion;
adoption of specific decisions on each issue under consideration, indicating the responsible persons and deadlines.

4. Organization of the activities of the Pedagogical Council
4.1. The Board of Education 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 the plan, which 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 voice of the Chairman of the Pedagogical Council is decisive.
4.5. The organization of the implementation of the decisions of the Pedagogical Council is carried out by the head of the educational institution and the responsible persons indicated in the decision. The results of this work are reported to the 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 the 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 recorded in minutes. The protocol book records the discussion of issues submitted to the Pedagogical Council, 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, on graduation are drawn up by the payroll and approved by the order of the educational institution.
5.3. The protocols are numbered from the beginning of the academic year.
5.4. The book of protocols of the Pedagogical Council of the educational institution is included in its nomenclature of cases, is stored in the institution permanently and is transferred according to the act.
5.5. The book of protocols 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

1. General Provisions
1.1. This Regulation regulates the activities of the parent committee of a general education institution, which is a self-governing body of a general education institution.
1.2. The Regulations on the Parents' Committee are adopted at the school-wide parents' meeting, approved and put into effect by an order for a general educational institution in agreement with the founder. Changes and additions to this Regulation 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 membership of the Committee is rotated 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 educational institution, the charter of a general educational institution and these Regulations.
1.6. The decisions of the Committee are advisory.
Only those decisions of the Committee for the purpose of implementation of which an order is issued for a general educational institution are binding for execution.

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

3. Functions of the school-wide parent committee
3.1. Contributes to the provision of optimal conditions for the organization of the educational process (provides assistance in terms of purchasing textbooks, 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 obligations.
3.4. Assists in organizing community events.
3.5. Participates in the preparation of a general educational institution for the new academic year.
3.6. Together with the administration of the educational institution, it controls the organization of the quality of nutrition for students, medical care.
3.7. Provides assistance to the administration of a general educational institution in organizing and conducting school-wide parent meetings.
3.8. Considers appeals addressed to itself, as well as appeals on issues referred by this provision to the competence of the Committee, on behalf of the head of the educational institution.
3.9. Discusses local acts of the educational institution on issues within the competence of the Committee.
3.10. Participates in the organization of safe conditions for the implementation of the educational process, compliance with sanitary and hygienic rules and regulations.
3.11. Interacts with public organizations on the promotion of school traditions, the way of school life.
3.12. Interacts with the teaching staff of the educational institution on the prevention of offenses, neglect and homelessness among juvenile students.
3.13. Interacts with other self-government bodies of the educational institution on the conduct of 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 to:
4.1. Make proposals to the administration, self-government bodies of the educational institution and receive information on the results of their consideration.
4.2. Contact institutions and organizations for clarification.
4.3. To hear and receive information from the administration of the educational institution, its self-government bodies.
4.4. Call parents (legal representatives) of students to their meetings on the basis of presentations (decisions) of class parent committees.
4.5. Take part in the discussion of local acts of the educational institution.
4.6. Provide clarifications and take action on the appeals under consideration.
4.7. To issue a public censure to parents who evade the upbringing of children in the family.
4.8. Encourage parents (legal representatives) of students for active work in the Committee, assistance in holding school-wide events, etc.
4.9. Organize permanent or temporary commissions under the leadership of the members of the Committee to perform their functions.
4.10. Develop and adopt local acts (on the classroom parent committee, on permanent and temporary commissions 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, 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. Implementation of the work plan.
5.2. Implementation of decisions, recommendations of the Committee.
5.3. Establishment of mutual understanding between the management of a general educational institution and parents (legal representatives) of students in matters of family and public education.
5.4. High-quality decision-making in accordance with applicable law.
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, on the proposal of the Chairman of the Committee, may be recalled by voters.

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, one representative from a parallel, two representatives from a class, etc.) may be included. Representatives to the Committee are elected annually at class parent meetings at the beginning of the school year.
6.2. The number of members of the Committee shall be determined by the educational institution independently.
6.3. The Committee elects a chairman from among its members (deputy chairmen and a secretary may be elected depending on the number of members).
6.4. The Committee works according to the rules of work and plan developed and adopted by it, which are agreed 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 taken by a simple majority of votes.
6.7. Correspondence of the Committee on issues within its competence is conducted on behalf of the educational institution, the 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 educational institution.
7.2. Protocols are kept 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 end in the next issue.

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"First of September"

Normative 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, the leaders of educational institutions face 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 the 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 the interregional seminars-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 Federal Law No. granted the right to independently determine the regulatory legal framework for their activities. This is the competence of the educational institution. For educational bodies - recommendations and control.

The Ministry of Education of Russia, having analyzed the results of the audits, notes that the following problems were identified in the development of the legal framework for the activities of educational institutions:

1. Determination of the necessary list of local acts of the 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. Definition of tasks and functions of state-public forms of self-government of an educational institution;

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

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

It is relatively easy for the specialists of educational authorities to verify the solution of the first, organizational, problems. An approximate list of local acts has already been discussed at a meeting on inspection issues in Pskov, published in the collection of information materials following 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 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 this institution and compare its completeness with the list that is 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 an 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 managerial connections;

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

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

The classic organizational method of distribution and consolidation of tasks, functions (duties), rights and responsibilities, establishing relationships is regulation. Regulation is carried out with the help of regulations, job descriptions and other regulations.

Provisioning technology

The regulation is an organizational and legal document regulating the activities of departments, institutions and their structural subdivisions.

As a rule, the provisions consist of the following sections:

1. General part (general provisions).

2. Relationships with other self-government bodies.

3. Main tasks.

4. Functions (duties).

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;

Instructions about who it is headed and to whom it is subordinate;

Degree of independence;

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

Main tasks section defines:

Direction of activity of self-government bodies;

Tasks for which this self-government body is responsible.

Section "Functions (duties)" contains a list of functions, the implementation of which ensures the solution of the 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 that ensure the performance of its functions by this subdivision.

Section "Organization of management" contains a description of the organizational structure of the self-government body, indications of 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 events (planning meetings, meetings, etc.).

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

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

Section "Office work"- this is keeping minutes of meetings, planning activities, compiling reports.

Technology for compiling job descriptions

5. Agreement between an educational institution and parents.

6. Agreement of an educational institution with the founder (founders).

7. Rules of conduct for students.

8. Internal regulations of the educational institution.

9. Regulations on the establishment of allowances and additional payments to 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 pedagogue, psychologist, etc. in the form:

a) general position;

b) should know...;

c) functional duties;

d) rights, competence;

e) organization of activities, etc.

12. Regulations on the methodological association of teachers.

13. Regulations on the attestation (examination) commission.

14. Regulations on the grading system, forms, procedure and frequency of intermediate and final attestation of students.

15. Regulations on the conflict commission during oral examinations.

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

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

18. Regulations on associations of students, 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, in classrooms.

22. Decisions of pedagogical councils, orders for an educational institution.

23. Regulations on paid additional educational services.

24. Regulations on the entrepreneurial activity of an educational institution.

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

26. Regulations on the school subject Olympiad, on competitions.

Annex 2

Approximate list of local acts

for primary vocational education institutions***

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 teachers of NGOs.

6. Regulations on the off-budget fund.

7. Regulations on the board of trustees at the off-budget fund.

8. Regulations on the student council.

9. Regulations on the student hostel.

11. Regulations on material incentives for teachers, on allowances and additional payments.

12. Regulations on the student scientific association.

13. Regulations on the Olympiad, competition.

14. Regulations on the review of classrooms, workshops.

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

16. Regulations on the attestation commission during the final attestation 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 production practice.

29. Agreement on the interaction of local governments with vocational schools.

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

"Put into action" "Reviewed"

Order No. 3 of 10.01.2014 Minutes No. 4 of 10.01.2014

School Director Chairman of the Pedagogical Council

G.A. Gayzatullina G.A. Gayzatullina

POSITION

of the municipal budgetary educational institution "Novotinchalinsky 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 regulation is based on 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 for the Modernization of Russian Education for the period up to 2010.
The regulation contains requirements for the design of the calendar-thematic planning of the subject teacher.

1.2. Calendar-thematic planning is a document that regulates the activities of a teacher in the implementation of the curriculum in the subject.

Calendar-thematic planning is developed by the teacher for each class in accordance with the curriculum and the requirements of the State Educational Standard.
The calendar-thematic planning developed by the teacher is agreed with the head of the methodological association and approved by the school principal no later than September 15.

1.3. The tasks of compiling calendar-thematic planning are:

Determination of the place of each topic in the annual course and the place of each lesson in the topic;
Determining the relationship between individual lessons, topics of the annual course;
Formation of a rational system of work on equipping 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 for the professionalism of the teacher.

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

Forecasting, anticipation of the course and results of work;
Program development necessary measures, sequence of actions;
Selection of the most optimal methods and techniques for their implementation;
Accurate calculation of activities in time and setting the start and end dates for its stages;
Determination of forms and methods of accounting and control of performance results.

2 . The structure of the calendar-thematic planning

subject teacher:

Title page.
Explanatory note.

Program and educational-methodical equipment of the curriculum;

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

The title page must contain the following information:

“Agreed”: head of the RMO…….. /I.O.F./, date
“I approve”: director of MBOU Novotinchalinsky secondary school ...... / I.O.F. /, date
School name
Document's name
Subject name (should match the name in the curriculum)
Class
Full name of the teacher
Academic year

4. Requirements for the execution of an explanatory note

The explanatory note must indicate:

Document(s) on the basis of which the thematic calendar planning was compiled (basic curriculum, Federal State Standard, Model Program, author's program recommended by the Ministry of Defense of the Russian Federation)
Teacher's teaching materials (methodological guide, textbook, workbooks, etc.)
Class
The number of hours per week according to the school curriculum: federal, regional, school component. The number of hours is a reserve. Total amount.
Educational technology (traditional, developing, etc.). Educational model ("School of Russia", "Harmony", "School 2100", etc.)

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