On approval of the approximate regulation on the commission for the settlement of disputes between participants in educational relations. Material on the topic: Regulations on the Commission for the Settlement of Disputes between Participants of Educational Relations of the Municipal State General
Approved by order of the director
(Name educational organization)
dated ________ No. ____
POSITION
on the commission for settling disputes between participants in educational relations
1. This provision establishes the procedure for the creation, organization of work, adoption and execution of decisions by the Commission for the settlement of disputes between participants in educational relations (the name of the educational organization - hereinafter Organization) (hereinafter - the Commission).
2. These Regulations were approved taking into account the opinion of the council of students (minutes dated _____ No. ___), the council of parents (legal representatives) of minor students of the Organization (minutes dated _____ No. ___) and the representative body of employees (name of the educational organization) (minutes dated _____ No. ___) .
3. The Commission is established in accordance with Article 45 federal law dated December 29, 2012 No. 273-FZ “On education in Russian Federation» in order to resolve disagreements between participants in educational relations on the implementation of the right to education, including in cases of a conflict of interest teacher, issues of applying local regulations of the Organization, appealing decisions on the application of disciplinary action against students.
4. The Commission is composed of (…) members from equal number representatives of parents (legal representatives) of minor students and representatives of employees of the organization.
The delegation of representatives of participants in educational relations to the Commission is carried out by the council of parents (legal representatives) of minor students of the Organization and the representative body of employees of the Organization.
In case of creation and activity in the Organization of several representative bodies of employees, delegation to the Commission is carried out by the body authorized to conclude a collective agreement of the Organization.
The formed composition of the Commission is announced by the order of the Director of the Organization.
5. The term of office of the Commission is two years (another term is possible).
6. Members of the Commission carry out their activities free of charge.
7. Early termination of powers of a member of the Commission is carried out:
7.1. on the basis of a personal application of a member of the Commission for exclusion from its composition;
7.2. at the request of at least 2/3 of the members of the Commission, expressed in writing;
7.3. in case of expulsion from the Organization of a student whose parent (legal representative) is a member of the Commission, or dismissal of an employee - a member of the Commission.
8. In the event of early termination of the powers of a member of the Commission, a new representative is elected to its composition from the corresponding category of participants in the educational process in accordance with clause 3 of this Regulation.
9. In order to organize its work, the Commission elects a chairman and a secretary from among its members.
10. The commission meets as needed. The decision to hold a meeting of the Commission is made by its chairman on the basis of an appeal (complaint, application, proposal) of a participant in educational relations no later than 5 (approximate time) school days from the date of receipt of such request.
11. The appeal is submitted in writing. The complaint indicates specific facts or signs of violations of the rights of participants in educational relations, persons who committed violations, circumstances.
12. The Commission makes decisions no later than 10 academic days from the date of its consideration. The meeting of the Commission is considered competent if it was attended by at least 3/4 of the members of the Commission.
The person who sent an appeal to the Commission has the right to be present at the consideration of this appeal at a meeting of the Commission. Persons whose actions are appealed in the appeal are also entitled to attend the meeting of the Commission and give explanations.
For an objective and comprehensive consideration of applications, the Commission has the right to invite to meetings and hear other participants in educational relations. The failure of these persons to appear at a meeting of the Commission or an unmotivated refusal to testify is not an obstacle to considering the application on the merits.
13. The Commission takes a decision by a simple majority of votes of the members present at the meeting of the Commission.
14. In case of establishing the facts of violation of the rights of participants in educational relations, the Commission makes a decision aimed at restoring the violated rights. The Commission imposes obligations on the persons who have violated the rights of students, parents (legal representatives) of underage students, as well as employees of the organization to eliminate the identified violations and (or) prevent violations in the future.
If violations of the rights of participants in educational relations arose as a result of a decision by an educational organization, including as a result of the issuance of a local regulatory act, the Commission decides to cancel this decision educational organization (local normative act) and indicates the deadline for the execution of the decision.
The commission refuses to satisfy the complaint about the violation of the applicant's rights, if it considers the complaint unfounded, does not reveal the facts of these violations, does not establish a causal relationship between the behavior of the person whose actions are being complained about and the violation of the rights of the person who filed the complaint or his legal representative.
15. The Commission's decision is documented in a protocol.
The decision of the Commission is binding on all participants in educational relations and is subject to execution within the specified period.
School conflict is a common phenomenon in the walls educational institution. Disagreements between children, difficulties in interaction between a teacher and a parent, misunderstanding between children and a teacher are the basis for a conflict at school. How to understand who is right and who is wrong in such a conflict? The administration is often involved in resolving such disagreements. educational institution, and a psychological service, and school ombudsmen. There is another mechanism for resolving conflicts that arise in the school - this is the creation of a conflict commission or a commission to resolve disputes between participants in educational relations. The conflict commission is a special legal mechanism for protecting the rights of students in an educational organization. It is assumed that the main task of the conflict commission is to resolve disagreements through evidence-based clarification and acceptance. the best option conflict resolution.
Conflicts that arise at school can arise between parents and teachers, between students, between students and teachers. Most often there are conflicts between children. Such conflicts in most cases can be resolved quickly and with the participation of class teacher. Often children can find a way out of the conflict on their own without the participation of adults. If the children turned to the teacher, then the teacher should calmly, without pressure on the child, provide the necessary assistance and resolve the situation. Parents should remember that conflict is not always destructive. There are many constructive conflicts that lead to the resolution of disagreements, a way out of an unfavorable situation. Very often you can see how conflicts add experience and social skills that a child needs during adult life. Therefore, parents should give the child a hint on how to act at school with peers if a conflict arises, and not decide everything for him.
The most acute conflicts that require the intervention of the administration and the director's consultation are conflicts between the teacher and the parents. The reasons can be very different. In accordance with Federal Law No. 273-FZ of December 29, 20012 “On Education in the Russian Federation” (hereinafter referred to as the Law), parents have the right to protect the rights of their children by all means not prohibited by the legislation of the Russian Federation (Article 45 of the Law).
At conflict situation parents should remember that the first step should be a trial within the walls of the educational institution. You can write a written complaint to the principal of the school. The principal of the school must respond to this complaint within 30 days from the date of registration with the secretary (Article 12 of the Federal Law No. 59-FZ of May 2, 2006 “On the Procedure for Considering Appeals from Citizens of the Russian Federation”). The Law states that parents have the right to send to the management bodies of the organization that carries out educational activities, appeals to apply to employees of these organizations that violate and (or) infringe on the rights of students, parents (legal representatives) of underage students, disciplinary actions. Such appeals are subject to mandatory consideration by the indicated bodies with the involvement of students, parents (legal representatives) of underage students.
Another way to resolve the conflict in the school will be the creation of a commission to resolve disputes between participants in educational relations, including questions about the presence or absence of a conflict of interest of a teacher.
In what cases are conflict commissions created at school?
The Commission for Settlement of Disputes between Educational Participants is created in order to:
- Settlement of disagreements between participants in educational relations on the implementation of the right to education.
- In cases of conflict of interest of the teacher.
- Appeals against decisions on the application of disciplinary action against students.
- Features of the application of local regulations.
How is the composition of the conflict committee formed?(Article 45 of the Law)
A conflict commission is created in an educational organization from an equal number of representatives of adult students, parents / legal representatives of underage students, school employees.
The decision of the commission for the settlement of disputes between participants in educational relations is binding on all participants in educational relations and is subject to the deadlines specified in the decision. The decision of the commission can be appealed.
The local act on the approval of the procedure for creating, organizing work, and making decisions by the commission for the settlement of disputes between participants in educational relations is adopted by the school, taking into account the opinion of the student council, the council of parents and other representative bodies.
The reasons for the conflict between teachers and parents can be a violation of pedagogical ethics, and dissatisfaction with the methods of education and training, an opinion about the unreasonable underestimation of grades. The commission for the settlement of disputes between participants in educational relations should be in without fail created and operate in every organization carrying out educational activities.
The Dispute Settlement Commission must objectively consider the appeals of the participants in the educational process. In their decisions, be guided by the rule of respect for the rights and freedoms of participants in the educational process. The main purpose of the commission's work is to resolve disagreements between the participants in the educational process. The Commission is responsible for the safety of documents and other materials considered at the meeting of the Commission. Concerning controversial issues when teaching students, the conflict commission may consider:
- issues of organizing training according to an individual plan;
- questions about the objectivity of the assessment in the academic subject during the current academic year / academic quarter / trimester;
- issues of admission to intermediate and final certification, etc.
In order to competently and reliably resolve the conflict, the commission seeks data from the parties to the dispute. The commission also uses in its activities various regulations, information and reference literature. After hearing the opinions of both parties, the commission decides on the settlement of the dispute. Members of the commission have the right to invite witnesses of the conflict or related specialists. The work of the commission is documented in a protocol. The Commission may be formed for a period of one year. The composition of the commission is approved by order of the head of the educational organization. The commission is headed by a chairman elected by the members of the commission from among them by a simple majority of votes from total number members of the commission. The head of an educational organization cannot be elected chairman of the commission.
Powers of the chairman of the commission:
- carries out general management of the activities of the commission;
- presides over the meeting of the commission;
- signs the protocol of the meeting of the commission.
Students, parents (legal representatives) of underage students, teachers and their representatives, the head of an educational organization or a representative of an educational organization acting on the basis of a power of attorney can send an appeal to the commission. The term for applying to the commission should be indicated in the local act of the educational institution from the moment when the participant (participants) of educational relations found out (learned) or should (should have) found out about the violation of their right (their rights).
The Commission for the Resolution of Disputes of Participants in the Educational Process does not consider reports of crimes and administrative offenses, as well as anonymous appeals, and does not conduct checks on the facts of violation of official discipline.
In the event that the commission establishes signs disciplinary offense in the actions (inaction) of the student or employee of the educational organization, information about this is submitted to the head of the educational organization to resolve the issue of applying to the student, employee of the educational organization the liability measures provided for by law.
If the commission establishes the fact that a participant in educational relations has committed an action (fact of inaction) containing signs administrative offense or corpus delicti, the chairman of the commission is obliged to transfer information about the commission of the specified action (inaction) and documents confirming such a fact to law enforcement agencies within three days, and if necessary, immediately.
The student, parents (legal representatives) of a minor student have the right to appeal to the commission the disciplinary measures and their application to the student.
When considering this issue, the commission may invite interested parties to receive oral explanations. The commission may invite a minor student to give oral explanations, testimonies, provided that this does not cause psychological trauma to the child, and complies with moral and ethical standards.
How is a conflict concerning the interests of a teacher handled?
The chairman of the commission organizes the familiarization of the teacher, in respect of whom the issue of resolving a conflict of interest, members of the commission and other persons participating in the meeting of the commission, with the information received by the commission and the results of its verification. The meeting of the commission is held in the presence of a teacher, in respect of which the issue of resolving a conflict of interest is being considered. If there is a written request from a teacher to consider this issue without his participation, the meeting of the commission is held in his absence. If the teacher or his representative fails to appear at the meeting of the commission in the absence of a written request from the teacher to consider the specified issue without his participation, the consideration of the issue is postponed. In the event of a second non-appearance of a teacher or his representative without good reason, the commission may decide to consider this issue in the absence of a teacher. Based on the results of consideration of the issue of the presence or absence of a conflict of interest of a pedagogical worker, the commission makes one of the following decisions:
- establish that the teacher complied with the requirements for the settlement of conflicts of interest;
- establish that the teacher did not comply with the requirements for the settlement of conflicts of interest. In this case, the commission recommends that the head of the educational organization indicate to the teacher the inadmissibility of violating the requirements for settling a conflict of interest, or apply a specific measure of responsibility to the teacher.
The decisions of the commission are implemented within the time limits set by it.
The work of the conflict commission is one of the mechanisms for protecting the rights of the child and teacher in an educational organization. Also, the work of such a commission can become the initial institution for familiarizing children with legal methods of resolving disputes.
POSITION
about the settlement committee
disputes between participants in educational relations.
1. Present Regulations on the Commission for the Settlement of Disputes between Participants of Educational Relations(Further - Position) was developed on the basis of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” in order to regulate the procedure for its creation, organization of work, and decision-making.
2. Commission for the settlement of disputes between participants in educational relations (hereinafter referred to as the Commission) municipal state educational institution "Pervomaiskaya secondary school" ( next - School) is created in order to resolve disagreements between participants in educational relations on the implementation of the right to education, including in cases of a conflict of interest of a teacher, the application of local regulations, appealing decisions on the application of disciplinary action against students.
II. The procedure for the creation, organization of work, decision-making by the Commission
1. Commission elected at a meeting of the Governing Council by open voting in the amount of 5 people for a period of one calendar year.
2. The Commission for the settlement of disputes between participants in educational relations is created from an equal number of representatives of adult students, parents (legal representatives) of underage students, employees of the School.
3. Chair Commissions choose from members Commissions by a majority vote by open voting within the framework of the meeting of the Governing Council.
4. The term of office of the chairman is one year with the right to be re-elected for a second term.
5. Once every six months Chairman Commissions submits a report on the work done to the Chairman of the Governing Council.
6. Commission accepts applications from teachers, employees, students and their parents (legal representatives) in writing.
7. Commission according to received applications, it resolves conflicts that arise only on the territory of the educational institution, in the presence of at least 4 people (within 3 days from the date of receipt of the application), notifying the applicant and the defendant in advance.
8. Decision Commissions adopted by a majority vote and recorded in the minutes of the meeting Commissions. Commission independently determines the timeframe for making a decision, depending on the time required for a detailed consideration of the conflict, including for studying documents, collecting information and verifying its reliability.
9. The Chairman of the Commission has the right to veto the decision of the members of the Commission.
10. The Chairman of the Commission is subordinate to the Governing Council, but is independent in his actions, if this does not contradict the Charter of the school, the current legislation of the Russian Federation.
11. Chairman in unilaterally has the right to invite a teacher, employee, student or his parents (legal representatives) for a preventive conversation, without collecting the entire staff for this Commissions.
12. The Chairman has the right to seek help from the Director of the School to resolve particularly acute conflicts.
13. Chairman and members Commissions do not have the right to disclose information coming to them.
14. Commission bears personal responsibility for making decisions.
15. Decision Commissions is mandatory for all participants in educational relations at the School and is subject to execution within the time limits stipulated by the said decision.
16. Decision Commissions may be appealed in accordance with the procedure established by the legislation of the Russian Federation.
III. Rights and obligations of members of the Commission
1. The Commission has the right:
Accept for consideration the statements of any participant in educational relations in case of disagreement with the decision or action of the leader, teacher, class teacher, educator, student;
Make a decision for each controversial issue relating to its competence;
Request additional documentation, materials for conducting an independent study of the issue;
2. Members of the Commission are obliged:
Attend all committee meetings;
Take an active part in the consideration of submitted applications in writing;
Make a decision on the declared issue by open voting (the decision is considered adopted if the majority of the members of the commission voted for it in the presence of its members in full force);
Make a timely decision, unless additional terms for consideration of the application are stipulated;
Give a reasoned answer to the applicant in oral and written form in accordance with the wishes of the applicant.
IV. The rights of students and parents.
1. In order to protect their rights, students, parents (legal representatives) of minor students, independently or through their representatives, have the right to:
Send appeals to the School administration about the application of disciplinary sanctions against employees of these organizations that violate and (or) infringe on the rights of students, parents (legal representatives) of underage students. Such appeals are subject to mandatory consideration by the indicated bodies with the involvement of students, parents (legal representatives) of underage students;
Apply to the commission for the settlement of disputes between participants in educational relations, including on questions about the presence or absence of a conflict of interest of a teacher;
Use other methods of protection of rights and legitimate interests not prohibited by the legislation of the Russian Federation.
V. Documentation.
1. Meetings Commissions documented in a protocol.
2. The approval of the composition of the Commission and the appointment of its chairman are formalized by order of the School.
3. Meeting minutes Commissions submitted with the annual report to the Governing Council of the School and kept in the documents of the council for three years.