Oh management. Charter. Management of an educational institution

In general, employees of the organization have the opportunity to take an active part in the management of the educational organization. First of all, it is worth noting that a collective agreement has been concluded between the employer and employees, which regulates social and labor relations in the gymnasium. Employees of the organization take an active part in making changes, approving this local act.

Work on the formation and change of local acts, as well as other areas of participation of teachers in the management of an educational organization, is carried out through the work of collegial governing bodies. As noted earlier, several collegiate bodies take part in the management of the gymnasium, including:

• · General meeting of employees of the educational institution;
• · Pedagogical Council;
• Governing Council (Charter educational organization, 2016).

Teachers are members of each of these bodies. Thus, members of the General Assembly of an institution are its employees, for whom work in the institution is the main one. The Chairman of the General Meeting is elected from among its members for a term of not more than three years and operates for public principles ah - no pay. The General Meeting is convened when necessary, but at least once a year.

This body:

• approves the main activities of the institution;
• coordinates the report of the director of the institution on the work in the past year;
• · Coordinate reports of managers structural divisions;
• approves the collective agreement;
• approves the results of self-examination of the institution;
• approves the internal regulations of students;
• coordinates the local act on the norms professional ethics teaching staff;

Unlike the general meeting, the members of the pedagogical council of the institution are only its teaching staff, and the chairman of the pedagogical council is the director of the gymnasium. He also works on a voluntary basis - without pay. The Pedagogical Council is convened at least once a quarter.

Pedagogical Council:

• Approves the plan(s) academic work institutions for a year;
• approves educational programs implemented in the institution;
• approves the list of educational programs that need to be developed;
• prepares proposals for the use and improvement of teaching and upbringing methods, technologies, e-learning;
• makes a decision on the creation of temporary creative associations with the invitation of specialists of various profiles, consultants;
• · listens to the information and reports of the members of the pedagogical council of the institution;
• approves the procedure for the formation of subject (cycle) commissions;
• approves regulations on the certification of teaching staff in order to confirm their compliance with their positions (Charter of an educational organization, 2016);

Finally, the governing council is also a collegiate governing body. The activities of the members of the Governing Council are based on the principles of voluntary participation in its work, collective decision-making, publicity, and the members of the Governing Council carry out their work in the Governing Council on a voluntary basis.

The governing board includes the following members:

• parents (legal representatives) of students;
• students;
• employees of the institution (including the head of the institution);
• a representative of the founder;
• · co-opted members (persons who can assist in the successful functioning and development of this institution).

The competence of the governing council includes the development of general strategic issues related to the development of the gymnasium, the coordination and approval of some local acts, ensuring the transparency of the activities of various commissions, etc.

Along with the listed governing bodies, in order to take into account the opinion of teachers on the management of the institution and when the institution adopts local regulations affecting their rights and legitimate interests, the gymnasium operates trade union employees of the institution The share of trade union members in the workforce is 65%.

Despite the developed system of involving teachers in the management of an educational institution, most teachers do not attach significant importance to it. Thus, among the teachers surveyed, only 24% noted that it is important for them to take an active part in the management of the gymnasium, and only 18% noted their active participation in the management. The key reason for this discrepancy between theoretical possibilities and the real situation is, first of all, the unwillingness of teachers to be involved in the management process, for example, due to high workload. Many see it as just another job duty.

Description of the presentation Forms of participation of parents in the management of an educational institution Slide lesson

Forms of participation of parents in the management of an educational institution

The main competencies of an educational organization (Article 28 of the Federal Law-273 "On Education in the Russian Federation") 1) development and adoption of internal regulations for students, other local regulations; 2) material and technical support of educational activities in accordance with the requirements; 3) providing the founder and the public with an annual report on the receipt and expenditure of financial and material resources, as well as conducting self-examination and reporting on the results; 4) development and approval of educational programs of the PA; 5) development and approval in agreement with the founder of the NGO development program; 6) admission of students to the OO; 7) determination of the list of textbooks; organization of scientific and methodological work; 8) the implementation of ongoing monitoring of progress and intermediate certification of students, the establishment of their forms, frequency and procedure for conducting; 9) encouragement of students for success in educational, physical culture and other activities; 10) individual accounting of the results of mastering educational programs by students and encouragement of students, as well as storage in archives of information about these results and encouragement; 11) use and improvement of methods of education and upbringing, educational technologies, e-learning; security internal system quality assessments; 12) creation of conditions for the protection and promotion of health, catering, classes physical culture and sports; 13) acquisition or production of forms of documents on education and (or) qualifications; 14) establishing requirements for the clothes of students; 15) promotion activities public associations; 16) ensuring the creation and maintenance of the official website

Rights and obligations of students Students have the right to: a) receive free general education(primary general, basic general, secondary (complete) general education) in accordance with state educational standards; b) the choice of the form of education and educational institution; c) training according to individual curricula and an accelerated course of study; d) free use of the library fund; e) receiving additional (including paid) educational services; f) participation in the management of the institution; g) respect for human dignity, freedom of conscience and obtaining information, free expression of one's views and convictions; h) free access to events not provided for curriculum; i) voluntary involvement in work not provided for by the educational program; j) voluntary membership in any public organizations; k) protection from the use of methods of physical and mental violence; l) learning conditions that guarantee the protection and promotion of health; m) transfer to other educational institutions of the appropriate type in the event of the closure of their educational institution. Students are obliged: “Students are obliged to comply with the charter of the educational institution; to study conscientiously; take care of the property of the institution; respect the honor and dignity of other students and employees; comply with the requirements of the employees of the institution to comply with the internal regulations. (Model provision on OS, item 57)

The rights and obligations of parents (legal representatives) for the upbringing and education of children are defined by: - ​​The Constitution of the Russian Federation of 1993, Art. 38, 43 paragraph 4; - Family Code of the Russian Federation Art. 63 paragraph 2, Art. 69; Art. 73; — Code of administrative offenses Art. 5.35; - The Law on Education of the Russian Federation (273-FZ). According to paragraph 4 of Art. 43 of the Constitution of the Russian Federation, parents or persons replacing them ensure that children receive basic general education, that is, education in the amount of 9 classes of a general education school, create conditions for the child to receive a secondary (complete) education.

Organs public administration OU Collegial governing bodies: board of trustees; governing board; supervisory board; other collegiate governing bodies. All issues of the creation and activities of collegiate management bodies of an educational organization must be regulated by the charter of the educational organization in accordance with the law. The procedure for taking into account the opinions of these bodies is not established by law, therefore, it should be determined by the charter of the educational organization. The composition and operation of such bodies are regulated by internal regulations and other documents of such representative bodies.

The Board of Trustees of the educational institution The Board of Trustees is a collegiate governing body of an educational organization, uniting on a voluntary basis all those who are interested in the development of education and a particular educational organization. The procedure for the formation and competence of the Board of Trustees are determined by the Charter of the educational organization and the Regulations on the Board of Trustees. The activities of the board of trustees as a collegial governing body of an educational organization are regulated by Federal Law No. 273-FZ (part 4 of article 26).

Features There are 2 models for creating a Board of Trustees - with the status legal entity and without it. Regardless of the status, the Board of Trustees will still be non-profit organization. Difference in status: The Board of Trustees without the organization of a legal entity does not require state registration and licensing, does not bear the obligation to pay taxes, although it may have a separate current account in the accounting department of a preschool educational institution (if it is financially independent) or in the Central Bank if it manages all financial affairs institutions. The Board of Trustees with the status of a legal entity must pass state registration and provide financial statements about his work in tax office, territorial body of state statistics, etc.

The Governing Council is a collegial body of state-public management of an educational organization, which has powers defined by the charter to resolve issues of the functioning and development of an educational organization, formed from representatives of the founder, management and employees of an educational organization who are over 14 years old and parents (legal representatives) of students who do not over the age of 18, as well as from representatives of the local community.

Main powers 1. In determining the ways of development of the PA, the governing board may be entitled to approve the development program of the PA (in agreement with the founder); public reporting - a report on the self-examination of the PA and a report on the receipt and expenditure of financial and material resources. 2. In organizing the educational activities of the PA, the governing board may coordinate the educational program, the main general educational programs; high school learning profiles; selection of textbooks of their number recommended (approved) by the Ministry of Education and Science of Russia. 3. In matters of the relationship of participants educational relations the governing board can consider complaints and statements of students, their parents (legal representatives) about the actions (inaction) of the teaching and administrative staff of the PA and makes recommendations for their resolution on the merits; make a decision to expel the student from the OO; apply, if there are grounds, to the founder for termination employment contract with a teacher, managers, other employees of the PA, to make proposals to the founder on encouraging employees and the head of the PA. 4. In matters of the functioning of the public association, the governing board may establish the mode of study, the duration of the school week; start and end times of classes; make a decision on the introduction (cancellation) of a uniform uniform for students and staff of the OO; exercise control over the observance of healthy and safe conditions for the education, upbringing and work of children. 5. In the field of financial and economic activities, the governing board may agree on the plan for the financial and economic activities of the PA; approve cost estimates for funds received from statutory income-generating activities and from other extrabudgetary sources; promote the attraction of extrabudgetary funds, determine the goals and directions of their spending; agree on the lease of objects of property to the PA; approve or agree on the procedure and criteria for the distribution of incentive payments to teaching staff; hear and approve the report of the head on the results of the academic and financial year, provide it to the public and the founder; make recommendations to the founder on the content of the state (municipal) task of the NGO. The Governing Board has the right to independently develop and approve local regulatory and other legal acts of the NGO on issues referred by the Charter of the NGO to its exclusive competence, as well as to coordinate local acts referred by the Charter of the PA to the joint competence of the governing council and other governing bodies (head, pedagogical council, etc.) The governing council has the right to develop, adopt and make recommendations to the founder and head of the PA on management issues assigned to their competence by law and the Charter. A complete list of the powers of the governing council must be set out in the charter of the educational organization approved by the founder and registered.

Differences Governing Council is more management oriented inner life educational institution, while the Board of Trustees represents the educational institution in the external space.

Parent Committees High Quality education and upbringing of children. Content of the activity: creation of conditions for the active participation of parents in the life of the educational institution; preparation, discussion, adoption and implementation of documents regulating internal activities parent association; participation of parents in the organization of nutrition, favorable sanitary and hygienic and living conditions for study, work, and recreation for children; identification of the degree of satisfaction of parents with the state, conditions and results of educational educational work, collecting their proposals for improving the work and making recommendations to the administration of the educational institution; protection of the rights and freedoms of children in educational institutions; organization of pedagogical and legal education of parents; assistance to the teaching staff in the implementation of work with the families of students and pupils; participation in the discussion of applicants from among teaching staff as part of the modernization of education for the award of grants and in other events; preparation and holding of parent meetings, actions and other events with parents and students and pupils; creation of a public fund and making a decision on its use in the interests of health improvement, education and upbringing of children; organization of experience exchange family education encouraging parents to raise their children well.

Activities: The parent committee includes representatives of the parents (legal representatives) of students or pupils (for example, 1 representative from the parallel), elected by the general meeting (conference) of the parents of the educational institution. From among its members, the parent committee elects a chairman and a secretary. Members of the parent committee form permanent or temporary committees. The committee meetings may be attended by the director, chairmen of other self-government bodies of the educational institution. The chairman of the parent committee of the educational institution may be present (with subsequent informing the members of the committee) at separate meetings of the Pedagogical Council, other self-government bodies. Decisions are taken by a simple majority of votes and are advisory in nature. Meetings of the parent committee and commissions are held as needed. The Parents' Committee may have its own website for prompt information and exchange of experience in family education. The content, work procedure, powers of the parent committee are enshrined in the Regulations on self-government of parents in the OS.

The rights of the parent committee To make proposals to the administration on issues within its competence; seek clarification from various organizations and institutions on issues within its competence; hear and receive information from the head of the educational institution, other bodies of its self-government; take part in the discussion of local acts; invite parents (legal representatives) of students or pupils to their meetings on the proposal (decision) of class or group parent committees; encourage parents (legal representatives) of students for active work in the educational institution; assist in the conduct of general activities of the educational institution; raise the issue of the need to hold a general parent meeting of the educational institution. In its activities, the parent committee interacts with: the administration of the educational institution; parent committees of classes or groups; public organizations; public parent organizations municipality; educational authorities, a deputy of an electoral district; law enforcement agencies and the commission on juvenile affairs and the protection of their rights; other organizations. The interaction of the parent committee with the administration of the educational institution can be formalized by an agreement between them, approved at a general parent meeting.

Approximate cyclogram of activities of the parent committee during the year Conducting parent-teacher meetings according to the schedule. Formation of the parent asset of the OU. Making an information stand of the Republic of Kazakhstan for parents. Conversations of members of the parent committee with parents who do not provide control over their children. Work with families, which are on the internal account of the educational institution. Control over the implementation of the sanitary and hygienic regime in the OS, over the organization of food, medical care. Involving parents in subbotniks, in holding round tables, conversations in classes or groups about their professions. Information of the head of the educational institution on the progress of the implementation of decisions of parent meetings and the parent committee. Conducting consultations and training for parents. Preparation and holding of parent meetings of the 9th and 11th grades on the following issues: Regulations on the final certification of students in the 9th and 11th grades, GIA, USE; the quality of students' knowledge. Regular meetings of parents with pedagogical workers on the issues of education and upbringing of schoolchildren and pupils. Involving parents in extracurricular activities: Day of the school, Day of the educator, sports competitions, concerts, trips, etc. Carrying out the Festival of family creativity. Honoring parents for success in raising children, for the active assistance of the educational institution.

At meetings of the parent committee, you can consider the following issues: 1. Outcomes (organization) summer holiday students. 2. Report of the school director on the use of voluntary donations from parents, on preparations for the new academic year, the heating season. 3. Law “On education in Russian Federation» . 4. Electronic diaries of students. 5. About the "Public Report" on the work of the educational institution in the current academic year. 6. The results of academic performance for the quarter, half year, year. 7. Organization of leisure activities for students and pupils. 8. Work efficiency patriotic education in the educational institution (organization of the work of the museum, library). 9. Preparing students for intermediate certification in grades 5-8 and 10. 10. Medical care in OS. Disease prevention. The role of medical examinations. 11. Preparation for events, dedicated to the Day Victory. 12. Summing up the work of parent committees of classes and groups. 13. Preparation for the Last Calls for students in grades 9 and 11 and proms for students in grades 9 and 11. 14. Report on the work of sectors for the implementation of control over nutrition, medical care, safety and security of students, cultural activities. 15. Preparation of students for exams (daily routine, meals, recreation). 16. Planning the work of the parent committee for the next or next academic year, a report on activities in the past academic year. Parent committee decisions must be specific character indicating deadlines.

Differences The powers of the Board of Trustees and the Board of the OU are necessarily fixed in the Charter. The powers of the Parents' Committee are approved by the Regulations. Decisions of the governing bodies on the issues listed in the Charter are binding (Board of Trustees, Council of the OU). On a range of issues that are not indicated in the Charter, decisions are advisory in nature (Parents Committee and Councils).

Thank you for your attention! Respect the ignorance of the child! Respect the work of knowledge! Respect failures and tears! Respect current hour and today! How will a child be able to live tomorrow if we do not let him live a conscious, responsible life today? J. Korczak

Public and state administration of the educational institution- one of the types of interaction between the state and society. His function is to ensure the implementation and satisfaction of the educational needs of society and its subsystems.

The goal of the state-public management of education is the optimal combination of state and public principles in the interests of the individual, society and authorities, i.e. they should be formed in a dialogue between customers and specific consumers of the results of education.

1) ensuring the functioning of the educational sphere (participation in the preparation, adoption and implementation of the legal framework; interaction between state and public associations and organizations; representation and protection of the interests of education).

2) development of the education system (development and implementation of relevant programs; development, adoption and implementation of measures to stimulate the work of teachers, educational, research and socially useful activities of students, possible activities of parents of students in the interests of the education sector; identifying reserves for improving the quality of education and bringing them into action, etc.).

Pedagogical management.

Pedagogical management - theory, methodology and technology effective management educational process. It has its own specifics and patterns inherent only to it. .

Manager of the educational process- a teacher acting as a subject of management of educational and cognitive activity of students; supervisor educational institution(director, his deputy), acting as a subject of management of teaching and educational activities of pedagogical workers.

Pedagogical management - as an activity system- includes the following structural and functional components: the purpose of the activity, the subject of the activity, the object of the activity, the content of the activity, the methods of activity (methods and style of interaction between the teacher and students, the leader with teachers and students, etc.).

The participation of teachers in the management of an educational institution.

Article 47 of Law No. 273-FZ defines legal status, rights and freedoms of teachers, guarantees of their implementation. In particular, according to paragraph 9 of part 3 of Art. 47 of Law No. 273-FZ, a teacher has the right to participate in the management of an educational organization, including in collegial management bodies, in the manner prescribed by the charter of the organization. In accordance with Art. 26 of Law No. 273-FZ, the management of an educational organization is carried out on the basis of a combination of the principles of unity of command and collegiality. Collegial governing bodies include a general meeting (conference) of employees of an educational organization, a pedagogical council and others. governing bodies provided by the charter of the educational organization.

Forms and methods of interaction between teachers and parents of pupils and students.

Forms of interaction between teachers and parents are ways to organize them. joint activities and communication. It is advisable to combine collective, group and individual forms of interaction. So, it is useful to continue the discussion of any problem of education at a parent meeting at individual meetings with parents, at group consultations.

Parent meeting - the main form of work of parents, where the problems of the life of a class or school team are discussed.

Parent lecture hall introduces parents to the issues of education, improves their pedagogical culture, helps to develop unified approaches to raising children. The name "lecture" is conditional. It does not mean that only lectures are given to parents. The forms of work in it are varied, and it is better if parents are not passive listeners. Their activity, creativity, participation in the discussion of issues are related to the organization and conduct of classes.

Conference on the exchange of experience in raising children may be thematic. It is advisable to conduct it if there really is an experience of positive family education on this issue.

Debate-reflection on the problems of education - one of the most interesting forms of promotion for parents pedagogical culture. The debate takes place in a relaxed atmosphere, allowing everyone to be included in the discussion of problems.

The subject of discussion may be specific situations from the life of the class, families, performances or movies watched together.

A particularly important form is interaction of teachers with the parent committee, which can be chosen parent meeting for the entire academic year. The parental asset is the support of teachers; with skillful interaction, it becomes a conductor of their ideas. At the meetings of the parent committee, which are held as needed, the teacher and parents develop ways to implement those ideas and decisions that have been made by the meeting.

Organized in school and classrooms group consultations , practical lessons for parents with the involvement of specialists, for example, to help children master the skills of mental activity, speed reading.

Collective and group forms of interaction permeate individual forms. These include a conversation, a heart-to-heart conversation, a consultation-thinking, the implementation of individual assignments, a joint search for a solution to a problem, correspondence.

The teaching staff and its development.

Teaching staff - a community of teachers whose activities are united by the goal pedagogical work and within the community there are formal and informal relationships.

Features of the teaching staff:

1. many functionality of the teacher's activities

2. Self-management

3. The collective nature of work, collective responsibility

4. Rationing of the working day

5. Predominantly female composition

Forms of increasing the professional culture and competence of teachers, their certification.

• Continuity vocational education teacher is a necessary prerequisite for the development of his creativity, an integrative element of his life and a condition for the constant development of individual pedagogical experience.
• once every five years they pass special education in institutes (academies)
• Methodical work necessary organizational basis to form an innovative focus pedagogical activity, creating a certain innovative environment in the school.
• improvement of scientific and methodological training subject to the principles of individualization and differentiation.
• Scientific and pedagogical conferences, pedagogical readings, creative reports of individual teachers or methodological associations are the final forms of methodological work.
• Pedagogical self-education of the teacher.

Certification of teaching staff. The main purpose of certification is to stimulate the activities of teachers to improve their skills, professionalism, development of creative initiative, social protection. The main means of stimulation is the differentiation of teachers' remuneration. The certification is based on the principles of voluntariness, openness, and collegiality, which ensure a fair, objective assessment of work.

Evaluation of the activities of a teacher or leader is carried out according to two complex indicators: 1 - generalization of the results of activities; 2 - expert evaluation of practical activities.

According to the first indicator, the teacher has the right to submit a creative report, scientific and methodological or experimental work. According to the second indicator, he passes a psychological and pedagogical examination (diagnosis) in various versions. In some schools, district, regional commissions, computer technology, testing, methods are used for these purposes. expert assessments. The mechanism for diagnosing and summarizing the experience of pedagogical activity is specified and corrected by the relevant attestation commission.

Attestation of teachers is carried out once every five years at the personal request of the teacher, indicating the qualification category for which he is applying. But sometimes attestation can be carried out at the initiative of the administration, the school council or the teachers' council to determine the level of the teacher's pedagogical qualification and its suitability for the position held.

No. 273-FZ of December 29, 2012 “On Education in the Russian Federation” (hereinafter referred to as the Federal Law). This Federal Law consolidated the results of the development of the education system in the Russian Federation over the past decades, introduced new institutions into the education system, including those in the field of management of educational organizations.

Issues of public self-government have always been quite acute issues. Often, the demand for the development of public self-government looked more like a requirement of the founders of state and municipal institutions, presented in accordance with the main directions of educational policy, than as a need for educational institutions. In many educational institutions, the development of the system of public self-government has moved to the level of awareness of the need, usefulness public bodies self-government for an educational organization, assigning important tasks and functions to them.

This did not happen everywhere, however, many administrators of educational organizations at the time the new Federal Law came into force stated that their educational institutions had a well-formed, effective system of public self-government bodies that had real powers, which performed important tasks and was valuable for the educational institution. A number of leaders emphasized the importance of the existing system for the quality of organization and conduct of the educational process, for taking into account the opinions of participants in the educational process, and also used this system as an effective mechanism for protecting an educational institution from arbitrary decisions of its founder, and thus as an additional guarantor of the stability of the institution (for example, if the charters included a requirement to coordinate the decision on the dismissal of the head with the governing board, the head was much more protected in his relations with founder, and often could more freely defend the interests of the institution before the founder).

At the same time, it is enough big number educational institutions in one form or another included in this system bodies representing the opinion of students. It could be student advice, including quite complex structure(class councils that form the councils of parallels or levels of education, which in turn form the council of students of the institution as a whole). Also, the inclusion of students in the council of an educational institution, the governing council, and other bodies of public self-government has become widespread. At the levels of preschool, primary general and basic general education, where students, due to their age, could not take a conscious part in solving serious management issues, their parents (other legal representatives) were members of public self-government bodies. They could either completely replace students, as, for example, in a preschool educational institution, or be included along with them, as, for example, in general educational institutions where parental councils operated, or parents were members of self-government bodies, but at the same time, students at the level secondary general education, as well as the senior classes of the basic school, also participated in public self-government through their representatives.

Taking into account the position of students, their parents (other legal representatives) in the course of making managerial decisions, and sometimes the direct adoption of such decisions by bodies consisting of or including students or their parents (legal representatives) seemed to be quite significant for many heads of educational institutions in general. a number of reasons. This allows you to optimize the management of the educational organization, taking into account the opinion key players educational activity, and also has an educational effect - it develops a sense of responsibility in students and teaches them to make decisions. In addition, under the conditions new system funding, the demand for an educational organization has become the most important factor predetermining its financial position(through the state, municipal assignment issued to him, potentially varying both in quantity and quality). Many administrators considered the system of public self-government, including the participation of students in it, as an important factor in ensuring that the needs of consumers of the educational services of the organization are taken into account, and, thus, ultimately ensuring the attractiveness of the educational institution for consumers.

In this regard, a number of heads of educational organizations, as well as many students and their parents (legal representatives) negatively assessed the Federal Law regulating the management of an educational organization. This article was perceived as limiting the rights of students for the following reasons.

Two cases are of a universal nature and apply, among other things, to the sphere of general education.

First, part 3 of Art. 30 of the Federal Law provides that when adopting local regulations affecting the rights of students and employees of an educational organization, the opinion of student councils, parent councils, representative bodies of students, as well as in the manner and in cases provided for by labor legislation, representative bodies of employees (if existence of such representative bodies).

Secondly, part 7 of Art. 43 of the Federal Law provides that when choosing a measure disciplinary action organization carrying out educational activities must take into account not only the severity disciplinary offense, the reasons and circumstances under which it was committed, the previous behavior of the student, his psychophysical and emotional condition, but also the opinion of the advice of students, the advice of parents.

Thus, any educational organization is obliged to take into account the opinion of student councils (if any) when adopting local regulations, or when choosing a disciplinary sanction. This is precisely the purpose of the bodies created to take into account opinions - to express their position in resolving a number of issues. Moreover, the minimum list of such issues is listed in the Federal Law. Other cases may be provided for by local regulations of the educational organization.

It should be noted that taking into account the opinion does not mean that the position must be agreed with the advice of the students. Accounting for an opinion implies a procedure in which, before a decision is made, information about the planned decision is sent to the student council, then the administration waits, and if an opinion has been expressed, it is subject to mandatory consideration before making a decision. Conciliation procedures may also be envisaged, but the final decision in any case is made by the administration of the educational organization (or other collegiate governing body authorized to adopt a local regulatory act). Exceptions can be observed at the level of individual educational organizations if their local regulations establish a different procedure for taking into account opinions, providing for the consent of student councils, but this is unlikely.

We emphasize that the procedure for taking into account opinions can only be established at the level of the educational organization itself by a local regulatory act of this organization. The federal law does not establish the procedure for taking into account opinions, in addition, it does not give authority to establish the procedure for taking into account opinions to any bodies. state power or authorities local government. This distinguishes taking into account the opinions of student councils from taking into account the opinions of representative bodies of employees - in the latter case, the procedure for taking into account opinions is fixed directly in the Labor Code of the Russian Federation.

It seems that with a high degree of probability it is precisely the procedure for taking into account the opinions of the representative bodies of employees enshrined in labor legislation that will serve as the basis for developing a procedure for taking into account the opinions of student councils in educational organizations. Recall that Art. 372 Labor Code The Russian Federation provides for taking into account the opinion precisely in the format of communicating information about the decision, waiting for a certain time during which the representative body of employees could consider the issue, receiving an opinion and, in case of disagreement with it, conducting conciliation procedures, but the final decision in any case is made by the employer.

Please note that the opinion of student councils is taken into account only if such bodies exist. However, their creation is not mandatory in accordance with federal law. If the organization does not have student councils, then it is impossible to take into account their opinion. Moreover, the Federal Law directly says that student councils are created on the initiative of the students themselves, parents (legal representatives). The administration of educational organizations is not involved in the creation of student councils, this is not within its competence.

Thus, student councils are not collegiate management bodies of an educational organization. In their legal status, they most of all resemble the representative bodies of workers, for example, trade union bodies. They are not created by the administration of the educational organization, they are not the management bodies of the organization and thus do not make any management decisions. The creation of such bodies is not obligatory. The educational organization itself does not create student councils, and therefore does not fix in its documents (charter, local regulations) neither the decision to create student councils, nor their structure, nor the order of their work and management. Only the procedure for interaction with councils is subject to regulation at the local level, again, by analogy with trade union bodies.

It was this status of student councils that became the reason for the spread of the thesis that the Federal Law limited the rights of students to participate in the management of an educational organization. In this case, the following reasoning is often given. Previously students, their parents, legal representatives formed or were members of public self-government bodies, adopted significant decisions participated in the management of an educational organization. Now their role has been reduced solely to the opportunity to express their opinion, in a few specifically named situations. Thus, they are excluded from the management system of the educational organization, their rights in this respect have been significantly affected.

This position seems fundamentally wrong for a number of reasons.

The former Law of the Russian Federation "On Education" indeed provided for the possibility of creating public self-government bodies, which could also include student councils. Art. 35 of this Law provided that the management of state and municipal educational institutions was based on the principles of unity of command and self-government, the council of an educational institution, the board of trustees, the general meeting, the pedagogical council and other forms were called forms of self-government. At the same time, the Law determined that the procedure for the election of self-government bodies and their competence were determined by the charter of the educational institution. Article 36 determined that the scheme of internal management of a non-state educational institution is fixed in the charter of a non-state educational institution.

Thus, even earlier student councils were not envisaged as mandatory for the creation of self-governing bodies of an educational organization. They may or may not have been formed in an educational institution, depending on the decision of its founder and administration. If there was no desire to form such bodies, they were not created. There were no obligations to somehow include in the system of public self-government bodies representing the position of students, or to include students as representatives in the composition of public self-government bodies.

At the same time, according to the new Federal Law, such an opportunity as to create a separate collegial governing body with its own competence, consisting of students and their parents (legal representatives) or to include these persons in the collegial governing body is not excluded. Art. 26 of the Federal Law provides that an educational organization not only forms or can form directly named collegial management bodies, but also other collegiate management bodies provided for by the charter of the relevant educational organization. Part 5 of this article provides that the structure, formation procedure, term of office and competence of the governing bodies of an educational organization, the procedure for making decisions by them and speaking on behalf of an educational organization are established by the charter of an educational organization in accordance with the legislation of the Russian Federation.

Thus, the Federal Law does not contain norms that prevent the inclusion of representatives of students in collegiate management bodies (with the exception of bodies that are inherently of a different nature, for example, those named by the Federal Law of the general meeting of employees of an educational organization or a pedagogical council). Representatives of students, their parents (legal representatives) may be included in the board of trustees, the governing board, the board of the educational organization or other similar bodies, if this is provided for by the charter of the educational organization.

In addition, separate collegial management bodies can be formed, expressing the position of the students and their legal representatives (by analogy with how the general meeting of employees, being a collegial management body, expresses the position of employees, and the pedagogical council expresses the position of teachers of an educational organization). The only thing is that it is now inappropriate to call such bodies “student councils”, so as not to introduce confusion in terms of distinguishing between a collegiate governing body, provided for by the charters, and a body formed on its own initiative and expressing the opinions of the relevant participants in educational relations. For example, in an educational organization, according to its charter, student committees, conferences or meetings of students can function.

When forming a committee of students as a collegiate management body, its status will differ significantly from the status of the council of students as a body expressing the opinion of students.

The following differences will be key.

The Committee is a collegial governing body, that is, it makes decisions on behalf of the educational organization, acts as a body of the educational organization. The Council is not a governing body, it is an independent, external entity in relation to the educational organization.

The committee is formed by the educational organization at its own discretion, its structure, formation procedure, term of office are determined by the educational organization itself and are fixed in the charter. The council, being an education external to the educational organization, is not determined by the educational organization itself, it is formed independently of it by the students themselves, questions of structure, timing, etc. resolved independently of the educational organization.

The powers, structure of the committee, the procedure for making decisions by it must be fixed in the charter. Regarding the council, only the procedure for its interaction with the educational organization, and not the internal issues of its activities, can be regulated. The competence of the committee is fully determined by the charter of the educational organization. The cases in which it is imperative to take into account the opinion of the council of students are directly listed in the Federal Law.

Thus, the new Federal Law did not in any way infringe on the opportunities for students to enter the collegiate management bodies of an educational organization. Part 1 Art. 34 of the Federal Law fixes the right of students to participate in the management of an educational organization in the manner prescribed by its charter. Part 3 Art. 44 fixes the right of parents, other legal representatives of students to take part in the management of an organization engaged in educational activities, in the form determined by the charter of this organization. Students and their parents (legal representatives), in the same way as under the previous legislation, can be included in collegial governing bodies or form a separate collegial governing body. As before, this is done at the discretion of the persons accepting the charter, these issues are subject to regulation in the charter.

At the same time, additional guarantees have been introduced by the new Federal Law. Previously, if there was no desire to include students in the self-government bodies of an educational institution, their position was not taken into account at all. legal grounds. Now, if the councils of students in an educational organization are created, then their opinion should be requested and taken into account upon receipt. In this sense, the rights of students to participate in the management of an educational organization are not only not narrowed, but also expanded - by introducing the obligation to take into account the opinion of the council of students in certain cases, regardless of the desire of the administration or the founder of the educational organization.

The law says that education management is democratic, and teachers, students, parents have the right to participate in the management of educational organizations. Obviously, students at the level preschool education participate in management indirectly, through their parents (legal representatives), because at this age they themselves are not able to express and formulate their interests in terms of the work of an educational organization. For students, the law makes a special clarification, they have the right to participate in the management of an educational organization in the manner prescribed by its charter. In other words, theoretically there is a right to participate in management, but in practice it is realized only in the forms provided for by the charter. In this sense, somewhere it can be real participation, when the decision of key issues depends on the voice of the parents, and somewhere - rather a decorative moment, when the maximum that parents can count on is that their opinion will be considered (in a row other circumstances affecting the decision). At the same time, the new law introduced one new opportunity: "In order to take into account the opinions of students, parents (legal representatives) of minor students on the management of an educational organization and when an educational organization adopts local regulations affecting their rights and legitimate interests, at the initiative of students, parents (legal representatives) of minor students in an educational organization councils of parents (legal representatives) of underage students are being created. In fact, this means that parents themselves, on their own initiative, can create a council. The administration of the educational organization does not influence this in any way - this is exclusively the initiative of the parents, the right to it is given by law. If the parents have shown such an initiative, the administration will be obliged to take into account the existence of the council, we emphasize again, regardless of what is written in the charter. The opinion of the council will need to be taken into account when adopting local regulations that affect the interests of students. Accounting for an opinion does not mean that one must always agree with an opinion. However, he must first (!) be requested from the council, and not make decisions until his position is considered. The period during which the council must express its opinion on the issue may be established in the charter or other local regulations, and may be different for different educational organizations.

Article 34 Basic rights of students and their measures social support and stimulation.

Article 26 Management of an educational organization.