Comprehensive characteristics of educational activities and training of the student. Modern ways of getting education

For the purposes of this Federal Law, the following basic concepts shall apply:

1) education - a single purposeful process of education and training, which is a socially significant good and is carried out in the interests of a person, family, society and the state, as well as a set of acquired knowledge, skills, values, experience and competence of a certain volume and complexity in order to intellectual, spiritual and moral, creative, physical and (or) professional development of a person, satisfaction of his educational needs and interests;

2) upbringing - an activity aimed at developing the personality, creating conditions for self-determination and socialization of the student on the basis of socio-cultural, spiritual and moral values ​​​​and the rules and norms of behavior accepted in society in the interests of the individual, family, society and the state;

3) training - a purposeful process of organizing the activities of students to acquire knowledge, skills, abilities and competencies, gain experience in activities, develop abilities, gain experience in applying knowledge in Everyday life and the formation of students' motivation to receive education throughout their lives;

4) level of education - a completed cycle of education, characterized by a certain unified set of requirements;

5) qualification - the level of knowledge, skills, abilities and competence, characterizing readiness to perform a certain type of professional activity;

6) federal state educational standard - a set of mandatory requirements for education of a certain level and (or) for a profession, specialty and area of ​​training, approved by the federal executive body that performs the functions of developing public policy and legal regulation in the field of education;

7) educational standard - a set of mandatory requirements for higher education in specialties and areas of training, approved by educational organizations higher education defined by this Federal Law or a Presidential Decree Russian Federation;

8) federal state requirements - mandatory requirements for the minimum content, the structure of additional pre-professional programs, the conditions for their implementation and the terms of study for these programs, approved in accordance with this Federal Law by authorized federal executive bodies;

9) educational program - a complex of the main characteristics of education (volume, content, planned results), organizational and pedagogical conditions and, in the cases provided for by this Federal Law, certification forms, which is presented in the form of a curriculum, a calendar curriculum, work programs of educational subjects, courses, disciplines (modules), other components, as well as evaluation and teaching materials;

10) an exemplary basic educational program - educational and methodological documentation (an exemplary curriculum, an exemplary calendar study schedule, exemplary work programs for subjects, courses, disciplines (modules), other components), which determines the recommended volume and content of education at a certain level and (or) a certain focus, the planned results of the development of the educational program, approximate conditions educational activities, including approximate calculations of the standard costs of providing public services for the implementation of the educational program;

11) general education - a type of education that is aimed at developing the personality and acquiring, in the process of mastering the basic general education programs, knowledge, skills, and the formation of competencies necessary for a person's life in society, a conscious choice of profession and obtaining vocational education;

12) vocational education - a type of education that is aimed at the acquisition by students in the process of mastering the basic professional educational programs of knowledge, skills, and the formation of competence of a certain level and volume, allowing them to conduct professional activities in a certain area and (or) perform work in a specific profession or specialty;

13) vocational training - a type of education that is aimed at acquiring by students the knowledge, skills and competencies necessary to perform certain labor, service functions (certain types of labor, service activities, professions);

14) additional education- a type of education that is aimed at the comprehensive satisfaction of the educational needs of a person in intellectual, spiritual, moral, physical and (or) professional improvement and is not accompanied by an increase in the level of education;

15) student - individual mastering the educational program;

16) a student with disabilities - an individual with disabilities in physical and (or) psychological development, confirmed by the psychological-medical-pedagogical commission and preventing education without creating special conditions;

17) educational activities - activities for the implementation of educational programs;

18) educational organization - a non-profit organization that carries out educational activities on the basis of a license as the main type of activity in accordance with the goals for the achievement of which such an organization was created;

19) an organization providing training - a legal entity carrying out, on the basis of a license, along with the main activity, educational activities as an additional type of activity;

20) organizations carrying out educational activities - educational organizations, as well as organizations providing training. For the purposes of this Federal Law, individual entrepreneurs engaged in educational activities are equated with organizations engaged in educational activities, unless otherwise provided by this Federal Law;

21) a pedagogical worker - an individual who is in labor, service relations with an organization carrying out educational activities, and performs the duties of training, educating students and (or) organizing educational activities;

22) curriculum - a document that defines the list, labor intensity, sequence and distribution of training subjects, courses, disciplines (modules), practice, other types of educational activities and, unless otherwise established by this Federal Law, forms of intermediate certification of students;

23) individual curriculum - a curriculum that ensures the development of an educational program based on the individualization of its content, taking into account the characteristics and educational needs of a particular student;

24) practice - a type of educational activity aimed at the formation, consolidation, development of practical skills and competence in the process of performing certain types of work related to future professional activities;

25) orientation (profile) of education - the orientation of the educational program to specific areas of knowledge and (or) types of activities, which determines its subject and thematic content, the prevailing types of educational activities of the student and the requirements for the results of mastering the educational program;

26) means of training and education - devices, equipment, including sports equipment and inventory, instruments (including musical ones), visual aids, computers, information and telecommunication networks, hardware, software and audiovisual means, printed and electronic educational and information resources and other material objects necessary for the organization of educational activities;

27) inclusive education - ensuring equal access to education for all students, taking into account the diversity of special educational needs and individual opportunities;

28) adapted educational program - an educational program adapted for training persons with disabilities, taking into account the peculiarities of their psychophysical development, individual capabilities and, if necessary, providing correction of developmental disorders and social adaptation of these persons;

29) quality of education - a comprehensive characteristic of educational activities and training of a student, expressing the degree of their compliance with federal state educational standards, educational standards, federal state requirements and (or) the needs of an individual or legal entity in whose interests educational activities are carried out, including the degree of achievement planned results of the educational program;

30) relations in the field of education - a set of public relations for the realization of the right of citizens to education, the purpose of which is the development by students of the content of educational programs (educational relations), and public relations that are associated with educational relations and the purpose of which is to create conditions for the realization of the rights of citizens to education;

31) participants in educational relations - students, parents (legal representatives) of underage students, teachers and their representatives, organizations engaged in educational activities;

32) participants in relations in the field of education - participants in educational relations and federal government bodies, public authorities of the constituent entities of the Russian Federation, bodies local government, employers and their associations;

33) conflict of interests of a teaching worker - a situation in which a teaching worker, in the course of his professional activities, has a personal interest in obtaining material benefits or other advantages and which affects or may affect the proper performance of professional duties by a teaching worker due to a contradiction between his personal interest and interests student, parents (legal representatives) of minor students;

34) supervision and care of children - a set of measures for the organization of nutrition and household services for children, ensuring their compliance with personal hygiene and daily routine.

Commentary on Art. 2 of the Law "On Education in the Russian Federation"

The commented Article 2 of the Law on Education of Russia is an innovation in educational legislation, since it marks the emergence of a definitive apparatus that defines the most significant concepts for the entire educational sphere. So far, educational laws have not contained similar provisions in their norms. It should be noted that the presence in the legislation of the terms used for the purposes of a normative act greatly simplifies its use within the framework of the interpretation of individual rules and regulations.

As the ancients said: "define the terms - and you will save yourself from a huge number of disputes." In accordance with the traditions of modern lawmaking, the authors define the main terms used in this normative act in a sense that differs from the generally accepted one. Therefore, we are faced with a difficult task: to give a secondary interpretation of the terms and explain to the reader what exactly the authors had in mind when defining the meaning of a particular concept. In total, the article presents 34 concepts, not all of which need commentary. Accordingly, the task is not so much to explain what has already been explained, but to focus the reader's attention on the most important aspects of the meaning of a particular concept.

So, education (item 1). In fact, the definition fills the gap of the previous 20 years, when, along with ideology, upbringing was almost completely excluded from the education process. This mistake led to tragic consequences for the younger generation and not only for him. Today this mistake is corrected and education is defined as a purposeful process of education and training. The second important component of this key term is understanding the purpose of learning. It has already been noted above that training is carried out not only in the interests of an individual, but is of a public nature (for more details, see). Here, the consumers of the learning process are directly indicated: the individual, the family, society and the state. Also, in the commented definition, the content of education is highlighted, not as the acquisition of unsystematic knowledge, but the totality of knowledge, skills, abilities and practical experience. Even F. Engels wrote: "A dry theory is a green tree of life." Thus, in order to receive a completed education, only theoretical knowledge is not enough, practical skills are also needed, which education is aimed at developing among students. Finally, the goal of getting an education is to form not just a person with a complex of theoretical knowledge and practical skills, but a comprehensively prepared, self-sufficient personality, able to apply their knowledge in practice, in independent life and practical activities.

Further, the commented article reveals the content of the components of education in the form of education and training. Moreover, upbringing (p. 2) is placed above education, with the allocation of elements of self-determination and socialization in a person’s personality, which requires certain explanations. Self-determination or self-awareness implies that only a person adequately educated in relation to the needs of a given society is able to correctly determine his place in life, without self-abasement and overestimation of his significance, which is equally negatively perceived by society and by the person himself.

With regard to socialization, it was noted long ago: "It is impossible to live in society and be outside society." Despite the swearing character that this concept has acquired in our daily life, socialized in exact meaning words means "comradely, public". *(9) Thus, it means being inscribed in the surrounding social environment. This acquires a special meaning, since a person who has received an education involuntarily changes his social circle, interests, belonging to a social class, group. Therefore, it is very important in the process of education to instill in him the skills of new communication. Moreover, we emphasize that this is done again in the interests of the individual, family, society and the state.

Returning to the clarification of the concept of learning (p. 3), in addition to the above-mentioned signs of this process as an educational process, it should be noted that one of the tasks of learning is to form students' motivation to receive education throughout their lives. Such motivation is due to the constantly changing conditions of life and the acceleration of the process of its evolution. Karl Jaspers in the last century said: "In our time, you need to run very fast - to stay in place."

The next term, which received an explanation in the commented article 2 of the Law on Education in the Russian Federation, is the level of education (clause 4). Under it, in the sense of the commented Law, is understood the completed cycle of education. From now on, the concepts of "incomplete or incomplete higher" and similar definitions go into the past. The training cycle can only be complete, confirmed by the relevant document on education. In all other cases, only the previous level of education is recognized. In other words, an academic certificate issued by a university to its former student only allows you to continue the process of obtaining higher education at another university, but does not confirm the level of education.

The concept of "qualification" (clause 5), despite the absence in its definition of a mandatory requirement that a person has a document of an established form confirming its level, in its meaning means readiness to perform one or another type of professional activity.

The term "federal educational standard" (clause 6) was originally used in Part 5 of Art. 43 of the Constitution and means the establishment by the state of certain general requirements for the totality of knowledge, skills, abilities and competencies that characterize a certain type of professional activity, approved by the Ministry of Education and Science of the Russian Federation.

The concept of "educational standard" following it (clause 7) means a set of mandatory requirements for higher education. One can argue with the authors of the Law about how much it reflects the essence, but, as they say, "they don't argue about terms, they are defined." The difference between the standards of this type and the previous one is that its content is approved by the commented Law or the decree of the President of Russia. It turns out that a standard that covers a smaller amount of knowledge, skills and competencies has a higher legal status.

The concept of "federal state requirements" (clause 8) means the requirements for the minimum content of additional professional programs, the conditions for their implementation and the terms of study for them, approved by the Ministry of Education and Science of the Russian Federation.

In the end, the "educational program" itself (clause 9) includes a set of mandatory elements: volume, content, planned results, certification forms, calendar curriculum, work programs, and other components. We draw the attention of readers that the list of elements of the curriculum is open, that is, it provides for the possibility of supplementing it, which turns it into an exemplary program (clause 10). Moreover, it should be noted that despite the 20-year discussion and criticism from educational community, including members Russian Academy education, this paragraph of the Law, following its predecessor, interprets an exemplary educational program as a set of educational services. In our opinion, such an approach contradicts the meaning of the Russian Constitution and the logic of the development of legal relations. If one side, in this case - an individual, has a right to something, then the other side of a social relationship - the state is obliged to ensure this right. Ensuring this right cannot in any way look like a service (serving - serving someone lackey). * (10) Moreover, above in the same article it is said about training and education (clauses 1-3), carried out not only in the interests individuals, but also society and the state as a whole.

And further, in violation of any logic, the conflict of interests of the pedagogical worker (paragraph 33) is defined as his personal interest in obtaining material benefits or other advantages in the relationship between the interests of the worker and the student. As if the quality of education does not depend on the size and form of remuneration of the teacher!

Also, the authors of the commented Law are trying to define the concept of "means of training and education" (p. 26) by listing them. Despite the fact that the list of specific means is open, such an approach can hardly be considered reasonable. In our opinion, the main thing in this definition is still an indication that these are "material objects necessary for the organization of educational activities."

There is another controversial term in the commented article 2 - this is "inclusive education" (paragraph 27), which, according to its authors, means education that is equally accessible to all students. At the same time, the term "inclusive" means: "spreading over a wide range of subjects (the antonym exclusive)." * (11) Such a passion for foreign language terms to the detriment of common sense hardly supportable.

The same can be said about the adaptive (adapted according to the original meaning of Yu.D.) program for training people with disabilities (p. 28). It seems that for such students it is necessary not to adapt the general educational program, but to develop a special one, corresponding to their capabilities and abilities.

The Law on Education in the Russian Federation - 273 FZ, adopted by the State Duma on December 21, 2012, it fully regulates the field of education in our country. For leaders, this document is a reference book, a kind of Bible, which they must know and strictly observe all the provisions. It is desirable that both parents and students of various educational institutions also got acquainted with the main provisions of the Law.

Unfortunately, within the framework of one article it is impossible to analyze in detail the entire Law, each of its paragraphs. We will analyze the key, most important provisions that can help many consumers of educational services, since the Federal Law "On Education in the Russian Federation" is applied in kindergartens, schools, colleges, universities, etc.

Basic concepts

Education is a single purposeful process of educating and educating a person, a set of acquired knowledge, skills, experience, moral values, attitudes. The goal is to form a comprehensively developed citizen with a high intellectual, physical, cultural, spiritual and moral development.

It is a mistake to believe that education consists only in obtaining information. We are using terms incorrectly here.

Education is the purposeful acquisition of knowledge, skills and abilities.

Education is a process aimed at the spiritual and moral development of the individual, as a result of which the development of generally accepted rules and norms should occur.

Education includes training (acquisition of knowledge and skills), upbringing (learning generally accepted norms), physical development.

education requirement

A teacher is a person who carries out the educational process. He is in an employment relationship with an educational organization, performs certain official duties getting paid for it. Before the Federal Law “On Education in the Russian Federation” was adopted, there were no restrictions at the legislative level for accepting a teacher at a school, an educator in kindergarten. At school, it was quite normal to see a teacher as a person who himself hardly graduated at one time. In the absence of professional personnel, with low pay for teachers, few people went to pedagogical universities. The problem is exacerbated by the very low percentage of graduates who decide to link their lives with educational institutions.

Today the situation is different: the law "On Education in the Russian Federation" establishes a ban on pedagogical activity persons who do not have the appropriate qualifications. In Art. 46 of the Law expressly establishes that a person who has graduated from a higher educational institution has the right to be an employee of education. Education alone is not enough. It will also be necessary to pass the additional specialization "Pedagogy", if the university or college of the applicant is not pedagogical.

Education document

The Law "On Education in the Russian Federation" provides for the issuance of supporting documents (certificate, diploma) for passing the following stages of education:

  1. Basic general.
  2. Average total.
  3. Primary vocational.
  4. Medium professional.
  5. Higher education - bachelor's degree.
  6. Higher education is a specialty.
  7. Higher education - magistracy.

Education system

The Law "On Education of the Russian Federation" (latest edition) contains a hierarchy of the main components in a unified education system:

  1. and instructions - these are regulatory documents, according to which schools, institutes, colleges, etc. are required to carry out educational activities. It does not matter the status of an educational organization: commercial, budgetary, state - if it has a license to issue the relevant documents, then it is obliged to carry out training based on standards .
  2. Direct implementation of training: educational organizations, teaching staff, students, legal representatives.
  3. Federal state bodies, authorities of subjects exercising control. The main role belongs to the Federal State Service for Supervision in the Sphere of Education (Rosobrnadzor). In the regions, this function is performed by the ministries of education of the regions. They monitor the implementation of state standards in educational institutions.
  4. Organizations providing educational activities. In districts, district education committees are responsible for financing budget schools. They also carry out evaluation activities in the controlled territory of all schools.
  5. Associations of individuals or legal entities engaged in educational activities. A prime example serves as a trade union of pedagogical workers.

Goals of Federal State Standards

The Federal Law "On Education in the Russian Federation" assigns a key place to federal state standards. They perform the following tasks:

  1. Unity of education. It follows that throughout the country, students receive the same level of education, which means equality of opportunity.
  2. Continuity. Despite the dynamic development and reform of the education system, the introduction of new standards and requirements, the key task is to maintain continuity. It is impossible to completely destroy the entire system every year for the sake of momentary political or economic gain.
  3. Variability. Despite the unity of education as a whole, the law on education in the Russian Federation excludes the rigid totalitarian framework of unity in obtaining it. Depending on abilities, desires, time, various options achieving certain goals.
  4. Warranty. It follows that the state controls the unity of education throughout the country.

You can study at home! Forms of study

It is difficult for a Soviet person to imagine this, but the Federal Law "On Education in the Russian Federation" provides for education not only in educational institutions. Article 17 lists the acceptable forms of education:

  1. In the traditional form - in specialized educational institutions.
  2. In an alternative form - outside specialized educational institutions.

The traditional form is divided into:

  1. Full-time.
  2. Correspondence.
  3. Part-time.

Distance learning is gaining popularity these days. per century information technologies it became a reality to visit museums, theaters, rare exhibitions on the other side of the planet, without leaving home. Information and communication technologies have also penetrated into education.

The Law "On Education of the Russian Federation" is a new law. However, he does not single out distance education in a separate category. The student is at home, prepares according to an individual schedule, listens to lectures remotely, using communication channels. Therefore, distance education belongs to the category of distance learning.

Alternative form

The child does not have to be sent to school today to receive the Law "On Education in the Russian Federation" allows for such a possibility. In addition, the state allocates money for alternative forms of education for each child.

Kinds

Obtaining a certificate outside the school is divided into two types:

  1. Family education.
  2. Self-education.

Family education involves the transfer of the function of education to the family. It is for this form that the state pays compensation. Of course, schools react very painfully to this. This is understandable: no one wants to be left without a salary. Judicial practice shows that the courts are completely on the side of the parents. The average compensation for a middle and senior student is about 10,000 rubles.

The problem of attracting child labor as cleaners

School duty is a tradition that we inherited from the Soviet past. Many parents still do not see a problem in washing floors by children as part of school duty. However, Article 34 of the Law directly provides for the consent of parents to such involvement of the child in labor. Classes in technology and labor training are obligatory. It is on them that students are legally required, in accordance with federal state programs, to be involved in work: sewing, cooking, woodworking. Everything else - only at the request of the parents.

Results

So, the main law that regulates the field of education is the Federal Law "On Education of the Russian Federation". Its articles contain a description of the organization of the educational process, the competencies of local authorities, forms and types of education, the rules for final certification, etc. We analyzed the most interesting points of this Law in the article.

Educational organizations

One of the most striking innovations of Law 273-FZ is the rejection of the usual design "educational institution" and its replacement with the term "organization engaged in educational activities." The authors of the innovations indicate that such a wording is consistent with the civil legislation of the Russian Federation, which understands an institution as one of the organizational and legal forms, a type of non-profit organization (the Civil Code of the Russian Federation). However, the 1992 Act did not in itself prohibit the creation educational organizations in forms other than institutions, leaving this issue to the mercy of civil law (Part 1 of Article 11.1), establishing that the effect of the legislation of the Russian Federation in the field of education applies to all educational institutions on the territory of the Russian Federation, regardless of their organizational and legal forms.

In defense of the traditional wording, one can also put forward the thesis that it is more consistent with the text of the Constitution of the Russian Federation (the Constitution, which guarantees the right to education, speaks of state or municipal educational institutions).

Types of educational organizations

Educational programs, the implementation of which is the main goal of the activity (the basis for typing)

Educational programs for which an educational organization has the right to carry out activities in addition to its main goal

preschool educational organization

educational programs of preschool education, supervision and care of children

additional general development programs

educational organization

educational programs of primary general, basic general and (or) secondary general education

educational programs of preschool education, additional general education programs, vocational training programs

professional educational organization

educational programs of secondary vocational education

basic general education programs, vocational training programs, additional general education programs, additional professional programs

educational organization of higher education

educational programs of higher education and scientific activity

basic general education programs, educational programs of secondary vocational education, vocational training programs, additional general education programs, additional professional programs

organization of additional education

additional general education programs

educational programs of preschool education, vocational training programs

organization of additional professional education

additional professional programs

training programs for scientific and pedagogical personnel, residency programs, additional general education programs, vocational training programs

Thus, only six types of educational organizations are envisaged (and, like the previous Law, non-standard ones, provided for in part 5 of article 77), and the names and charters of educational institutions are to be brought into line with the new Law no later than January 1, 2016 (part 5 of article 77). 108 of the Law) subject to the following:

special (correctional) educational institutions for students, pupils with disabilities should be renamed into general educational organizations;

Educational institutions of NGOs and SPO should be renamed into professional educational organizations;

HPE educational institutions should be renamed into educational organizations of higher education;

EIs of additional education for children should be renamed into organizations of additional education, and EIs of additional vocational education (advanced training) should be renamed into organizations of additional vocational education;

special educational institutions for children and adolescents with deviant behavior, implementing, respectively, general education programs or general education and NGO programs, should be renamed, respectively, into general educational and professional educational organizations with the special name "special educational institutions for students with deviant (socially dangerous ) behavior".

It is necessary to pay attention to the fact that the name of the educational organization must contain an indication of its organizational and legal form and type, when renaming educational organizations, their type is indicated taking into account their organizational and legal form (the norm of Law 273-FZ is already in force). The new Law does not contain special requirements for the organizational and legal form of organizations engaged in educational activities, and understands as such educational organizations and organizations engaged in training, and in addition, individual entrepreneurs engaged in educational activities. At the same time, only a non-profit organization (specially created in the form established for non-profit organizations) that carries out educational activities on the basis of a license as the main type of activity can be an educational organization, while an organization that provides training can be any legal entity that carries out on the basis of a license, along with the main activity, educational activity as an additional type of activity (these, in particular, include scientific organizations engaged in educational activities, organizations for orphans and children left without parental care, organizations providing treatment, rehabilitation or recreation, organizations providing social services and other legal entities; at the same time (Law 273-FZ):

organizations providing training

have the right to carry out educational activities under the programs:

scientific organizations

magistracy

training of scientific and pedagogical personnel

residency

vocational training

additional professional programs

organizations providing treatment, rehabilitation or recreation

social service organizations

basic and additional general education programs

major vocational training programs

foreign missions of the Ministry of Foreign Affairs of the Russian Federation

basic and additional general education programs

other legal entities

vocational training

preschool education

additional educational programs

For the implementation of educational activities by the organization providing training, a specialized structural educational unit is created in its structure (part 6 of article 31).

As for individual entrepreneurs, they have the right to carry out educational activities in basic and additional general educational programs, and vocational training programs (part 3 of article 32).

Both the former and the new Law provide for the existence of state (that is, created by the Russian Federation or a constituent entity of the Russian Federation), municipal (created by the Moscow Region, and Law 273-FZ specifically clarifies that only a municipal district or urban district can be a founder; although the law of October 6, 2003 . N 131-FZ "On general principles organization of local self-government in the Russian Federation "refers to the MO an urban or rural settlement, municipal district, urban district or intracity territory of a city of federal significance) and private educational organizations (created by an individual or legal entity, or their associations, with the exception of foreign religious organizations - an exception is mentioned only by Law 273 -FZ, and the former Law formally allowed them to act as the founder of the educational institution (clause 3 of part 1 of article 11), however, in fact, this prohibition was introduced by the last paragraph of part 3 of article 27 of the Federal Law of September 26, 1997 N 125-FZ "On freedom conscience and religious associations").

Both compared laws provide that in certain cases the establishment of an educational organization can be exclusively the prerogative of the state: according to Law 273-FZ, educational organizations for students with deviant behavior (special educational institutions of an open and closed type) are created by the Russian Federation or a constituent entity of the Russian Federation (a similar rule was established by part 2 of article 11 of Law 3266-1); educational organizations implementing educational programs of higher education in the field of defense and security of the state, ensuring law and order, can only be created by the Russian Federation (the previous Law established the monopoly of the Russian Federation on the creation of any educational institutions implementing military professional educational programs), the new Law is specifically devoted to the specifics of the implementation of professional educational programs and activities of educational organizations of federal state bodies that train personnel in the interests of the defense and security of the state, ensuring law and order.

1) type of educational organization;

2) the founder of an educational organization;

1. types of implemented educational programs indicating the level of education and (or) focus;

2. the structure and competence of the governing bodies of the educational organization, the procedure for their formation and terms of office.

The rest can be fixed in the local acts of the organization; at least, local acts regulating:

admission rules for students

the mode of study of students,

forms, frequency and procedure for ongoing monitoring of progress and intermediate certification of students,

the procedure and grounds for the transfer, expulsion and restoration of students,

the procedure for registration of the emergence, suspension and termination of relations between the educational organization and students and (or) parents (legal representatives) of underage students.

At the same time, when adopting local regulations affecting the rights of students and employees of an educational organization, the opinion of councils and trade unions of students, councils of parents is taken into account.

Considering the issue of the MA's right to raise additional funds, it is also necessary to point out the following. Both compared laws allow educational organizations to conduct income-generating activities: the former Law directly authorizes the activities of the educational institution provided for by its charter, insofar as it serves the achievement of the goals for which they were created and corresponds to the specified goals (part 1 of article 47 of the former Law), the new Law mentions income-generating activities. In addition, the Federal Law of January 12, 1996 N 7-FZ "On Non-Commercial Organizations" establishes that a non-commercial organization can carry out entrepreneurial and other income-generating activities only insofar as this serves to achieve the goals for which it was created and meets these goals. , provided that such activity is specified in its constituent documents. Such activity is the profitable production of goods and services that meet the goals of creating a non-profit organization, as well as the acquisition and sale of securities, property and non-property rights, participation in business companies and participation in limited partnerships as an investor (Part 2 of Article 24). However, the previous Law provided for the control of the founder over the implementation of this activity, which was entitled to suspend the income-generating activities of the educational institution, if it is to the detriment of the educational activities provided for by the charter, until the court decides on this issue (part 3 of article 47). The new Law does not contain a similar rule, nor does it exist in other laws. Thus, the independence of educational organizations, including from the founder, is strengthened by Law 273-FZ.

For the purposes of this Federal Law, the following basic concepts shall apply:

1) education - a single purposeful process of education and training, which is a socially significant good and is carried out in the interests of a person, family, society and the state, as well as a set of acquired knowledge, skills, values, experience and competence of a certain volume and complexity in order to intellectual, spiritual and moral, creative, physical and (or) professional development of a person, satisfaction of his educational needs and interests;

2) upbringing - an activity aimed at developing the personality, creating conditions for self-determination and socialization of the student on the basis of socio-cultural, spiritual and moral values ​​​​and the rules and norms of behavior accepted in society in the interests of the individual, family, society and the state;

3) learning - a purposeful process of organizing the activities of students to acquire knowledge, skills, skills and competencies, gain experience in activities, develop abilities, gain experience in applying knowledge in everyday life and form students' motivation to receive education throughout their lives;

4) level of education - a completed cycle of education, characterized by a certain unified set of requirements;

5) qualification - the level of knowledge, skills, abilities and competence, characterizing readiness to perform a certain type of professional activity;

6) federal state educational standard - a set of mandatory requirements for education of a certain level and (or) for a profession, specialty and area of ​​training, approved by the federal executive body that performs the functions of developing state policy and legal regulation in the field of education;

7) educational standard - a set of mandatory requirements for higher education in specialties and areas of training, approved by educational institutions of higher education, determined by this Federal Law or a decree of the President of the Russian Federation;

8) federal state requirements - mandatory requirements for the minimum content, the structure of additional pre-professional programs, the conditions for their implementation and the terms of study for these programs, approved in accordance with this Federal Law by authorized federal executive bodies;

9) educational program - a complex of the main characteristics of education (volume, content, planned results), organizational and pedagogical conditions and, in the cases provided for by this Federal Law, certification forms, which is presented in the form of a curriculum, a calendar curriculum, work programs of educational subjects, courses, disciplines (modules), other components, as well as assessment and methodological materials;

10) an exemplary basic educational program - educational and methodological documentation (an exemplary curriculum, an exemplary calendar study schedule, exemplary work programs for subjects, courses, disciplines (modules), other components), which determines the recommended volume and content of education at a certain level and (or) a certain direction, the planned results of the development of the educational program, approximate conditions for educational activities, including approximate calculations of the standard costs of providing public services for the implementation of the educational program;

11) general education - a type of education that is aimed at developing the personality and acquiring, in the process of mastering the basic general educational programs, knowledge, skills, and the formation of competencies necessary for a person's life in society, a conscious choice of a profession and obtaining professional education;

12) vocational education - a type of education that is aimed at the acquisition by students in the process of mastering the basic professional educational programs of knowledge, skills, and the formation of competence of a certain level and volume, allowing them to conduct professional activities in a certain area and (or) perform work in a specific profession or specialty;

13) vocational training - a type of education that is aimed at acquiring by students the knowledge, skills and competencies necessary to perform certain labor, service functions (certain types of labor, service activities, professions);

14) additional education - a type of education that is aimed at the comprehensive satisfaction of the educational needs of a person in intellectual, spiritual, moral, physical and (or) professional improvement and is not accompanied by an increase in the level of education;

15) student - an individual who is mastering the educational program;

16) a student with disabilities - an individual who has deficiencies in physical and (or) psychological development, confirmed by the psychological-medical-pedagogical commission and preventing education without creating special conditions;

17) educational activities - activities for the implementation of educational programs;

18) educational organization - a non-profit organization that carries out educational activities on the basis of a license as the main type of activity in accordance with the goals for the achievement of which such an organization was created;

19) an organization providing training - a legal entity carrying out, on the basis of a license, along with the main activity, educational activities as an additional type of activity;

20) organizations carrying out educational activities - educational organizations, as well as organizations providing training. For the purposes of this Federal Law, individual entrepreneurs engaged in educational activities are equated with organizations engaged in educational activities, unless otherwise provided by this Federal Law;

21) a pedagogical worker - an individual who is in labor, service relations with an organization carrying out educational activities, and performs the duties of training, educating students and (or) organizing educational activities;

22) curriculum - a document that defines the list, labor intensity, sequence and distribution of training subjects, courses, disciplines (modules), practice, other types of educational activities and, unless otherwise established by this Federal Law, forms of intermediate certification of students;

23) individual curriculum - a curriculum that ensures the development of an educational program based on the individualization of its content, taking into account the characteristics and educational needs of a particular student;

24) practice - a type of educational activity aimed at the formation, consolidation, development of practical skills and competence in the process of performing certain types of work related to future professional activities;

25) orientation (profile) of education - the orientation of the educational program to specific areas of knowledge and (or) types of activities, which determines its subject and thematic content, the prevailing types of educational activities of the student and the requirements for the results of mastering the educational program;

26) means of training and education - devices, equipment, including sports equipment and inventory, instruments (including musical ones), visual aids, computers, information and telecommunication networks, hardware, software and audiovisual means, printed and electronic educational and information resources and other material objects necessary for the organization of educational activities;

27) inclusive education - ensuring equal access to education for all students, taking into account the diversity of special educational needs and individual opportunities;

28) adapted educational program - an educational program adapted for training persons with disabilities, taking into account the peculiarities of their psychophysical development, individual capabilities and, if necessary, providing correction of developmental disorders and social adaptation of these persons;

29) quality of education - a comprehensive characteristic of educational activities and training of a student, expressing the degree of their compliance with federal state educational standards, educational standards, federal state requirements and (or) the needs of an individual or legal entity in whose interests educational activities are carried out, including the degree of achievement planned results of the educational program;

30) relations in the field of education - a set of public relations for the realization of the right of citizens to education, the purpose of which is the development by students of the content of educational programs (educational relations), and public relations that are associated with educational relations and the purpose of which is to create conditions for the realization of the rights of citizens to education;

31) participants in educational relations - students, parents (legal representatives) of underage students, teachers and their representatives, organizations engaged in educational activities;

32) participants in relations in the field of education - participants in educational relations and federal state bodies, state authorities of the constituent entities of the Russian Federation, local governments, employers and their associations;

33) conflict of interests of a teaching worker - a situation in which a teaching worker, in the course of his professional activities, has a personal interest in obtaining material benefits or other advantages and which affects or may affect the proper performance of professional duties by a teaching worker due to a contradiction between his personal interest and interests student, parents (legal representatives) of minor students;

34) supervision and care of children - a set of measures for the organization of nutrition and household services for children, ensuring their compliance with personal hygiene and daily routine.

Law of the Russian Federation "On Education"- N 273-FZ - regulates public relations appearing in the field of education due to the realization by the population of the right to education. Provides state guarantees of freedoms and rights of people in the field of education and appropriate conditions for the realization of the right to education. Determines the legal status of the participants in the relationship within the framework of educational activities. Establishes the economic, legal, organizational basis of education in our country, the principles of state policy in the field of education, the rules for the operation of the educational system and the implementation of educational activities.

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2 The level of education is a completed cycle of education, characterized by a certain unified set of requirements. Federal state educational standard - a set of mandatory requirements for education of a certain level and (or) for a profession, specialty and area of ​​​​training, approved by the federal executive body that performs the functions of developing state policy and legal regulation in the field of education

3 Educational program - a complex of the main characteristics of education (volume, content, planned results), organizational and pedagogical conditions and, in cases provided for by this Federal Law, certification forms, which is presented in the form of a curriculum, calendar curriculum, work programs of educational subjects, courses , disciplines (modules), other components, as well as assessment and methodological materials. An exemplary basic educational program is educational documentation (an exemplary curriculum, an exemplary calendar study schedule, exemplary work programs for subjects, courses, disciplines (modules), other components), which determines the recommended volume and content of education of a certain level and (or) a certain focus, planned the results of the development of the educational program, approximate conditions for educational activities, including approximate calculations of the standard costs of providing public services for the implementation of the educational program.

4 Educational activities - activities for the implementation of educational programs. An educational organization is a non-profit organization that carries out educational activities on the basis of a license as the main type of activity in accordance with the goals for which such an organization was created. Educational organization is a legal entity that carries out, on the basis of a license, along with the main activity, educational activities as an additional type of activity.

5 Organizations carrying out educational activities - educational organizations, as well as organizations providing training. For the purposes of this Federal Law, individual entrepreneurs engaged in educational activities are equated with organizations engaged in educational activities, unless otherwise provided by this Federal Law. Curriculum - a document that defines the list, labor intensity, sequence and distribution of training subjects, courses, disciplines (modules), practice, other types of educational activities and, unless otherwise established by this Federal Law, forms of intermediate certification of students.

6 Individual curriculum - a curriculum that ensures the development of an educational program based on the individualization of its content, taking into account the characteristics and educational needs of a particular student. Orientation (profile) of education - the orientation of the educational program to specific areas of knowledge and (or) types of activities, which determines its subject-thematic content, the prevailing types of educational activities of the student and the requirements for the results of mastering the educational program.

7 Means of education and upbringing - devices, equipment, including sports equipment and inventory, instruments (including musical ones), teaching and visual aids, computers, information and telecommunication networks, hardware, software and audiovisual means, printed and electronic educational and information resources and other material objects necessary for the organization of educational activities. Inclusive education - ensuring equal access to education for all students, taking into account the diversity of special educational needs and individual opportunities.

8 Adapted educational program - an educational program adapted for training persons with disabilities, taking into account the peculiarities of their psychophysical development, individual capabilities and, if necessary, providing correction of developmental disorders and social adaptation of these persons. The quality of education is a comprehensive characteristic of educational activities and training of a student, expressing the degree of their compliance with federal state educational standards, educational standards, federal state requirements and (or) the needs of an individual or legal entity in whose interests educational activities are carried out, including the degree of achievement of planned results educational program.

9 Adapted educational program - an educational program adapted for training persons with disabilities, taking into account the peculiarities of their psychophysical development, individual capabilities and, if necessary, providing correction of developmental disorders and social adaptation of these persons. The quality of education is a comprehensive characteristic of educational activities and training of a student, expressing the degree of their compliance with federal state educational standards, educational standards, federal state requirements and (or) the needs of an individual or legal entity in whose interests educational activities are carried out, including the degree of achievement of planned results educational program.

11 State accreditation of educational activities is carried out for basic educational programs implemented in accordance with federal state educational standards, with the exception of educational programs for preschool education, as well as for basic educational programs implemented in accordance with educational standards. The purpose of state accreditation of educational activities is to confirm compliance with federal state educational standards of educational activities in basic educational programs and training of students in educational organizations, organizations providing training, as well as individual entrepreneurs, with the exception of individual entrepreneurs directly engaged in educational activities.

12 State accreditation of the educational activities of educational organizations, the founders of which are religious organizations, is carried out on the proposals of the relevant religious organizations (if such religious organizations are part of the structure of centralized religious organizations, on the proposals of the relevant centralized religious organizations). When carrying out state accreditation of educational activities for educational programs of primary general, basic general, secondary general education, the accreditation body makes a decision on state accreditation or on refusal of state accreditation of educational activities for these educational programs in relation to each level of general education, which includes those declared for state accreditation of basic general education programs.

13 The application for state accreditation and the documents attached to it are submitted to the accreditation body directly or sent by registered by mail with acknowledgment of receipt. An organization carrying out educational activities has the right to send an application for state accreditation and the documents attached to it to the accreditation body in the form of an electronic document signed with an electronic signature. The forms of the said application and the documents attached to it, as well as the requirements for their completion and execution, are approved by the federal executive body responsible for the development of state policy and legal regulation in the field of education.

14 State accreditation of educational activities is carried out based on the results of an accreditation examination, which is based on the principles of objectivity of its conduct and the responsibility of experts for the quality of its conduct. The subject of the accreditation examination is to determine the compliance of the content and quality of training of students in an organization carrying out educational activities, according to the educational programs declared for state accreditation, to federal state educational standards.

15 Experts who have the necessary qualifications in the field of basic educational programs declared for state accreditation and (or) expert organizations that meet the established requirements participate in the accreditation examination. Experts and expert organizations cannot be in civil law relations (experts are also in labor relations) with an organization carrying out educational activities when conducting an accreditation examination in relation to the educational activities of such an organization.

16 Qualification requirements for experts, requirements for expert organizations, the procedure for attracting, selecting experts and expert organizations for conducting an accreditation examination, the procedure for their accreditation (including the procedure for maintaining a register of experts and expert organizations) are established by the federal executive body that performs the functions of developing state policy and legal regulation in the field of education. Payment for the services of experts and expert organizations and reimbursement of expenses incurred by them in connection with the accreditation examination are made in the manner and in the amount established by the Government of the Russian Federation.

17 The administrative act of the accreditation body on conducting an accreditation examination determines the composition of experts and appoints the head of the expert group. When conducting an accreditation examination, the expert group uses documents and materials posted by the organization on the official website on the Internet, and also requests documents and materials necessary for conducting an accreditation examination, the list of which is established by the Ministry of Education and Science of the Russian Federation. An organization carrying out educational activities, or its branch, provides workplaces with access to the Internet for the work of the expert group.

18 Upon completion of the accreditation examination, the members of the expert group prepare reports on the accreditation examination in terms of the educational programs assigned to them. The head of the expert group prepares, based on the reports on the accreditation examination, a conclusion on the results of the accreditation examination.

19 Information about the accreditation examination, including the conclusion drawn up on the basis of the results of the accreditation examination, is posted by the accreditation body on its official website on the Internet. The adoption by the accreditation body of a decision on state accreditation of the educational activities of an organization carrying out educational activities is carried out within a period not exceeding one hundred and five days from the date of receipt of the application for state accreditation and the documents attached to this application.

20 When making a decision on state accreditation of educational activities, the accreditation body issues a certificate of state accreditation, the validity of which is twelve years for an organization carrying out educational activities in basic general education programs.

21 An organization carrying out educational activities that arose as a result of reorganization in the form of a merger, separation or spin-off, or reorganized in the form of accession to it by another organization carrying out educational activities, is issued a temporary certificate of state accreditation of educational activities for educational programs, the implementation of which was carried out by the reorganized organization or reorganized organizations and which had state accreditation. The period of validity of a temporary certificate of state accreditation is one year.

22 The accreditation body refuses state accreditation of educational activities for educational programs applied for state accreditation, related to the relevant levels of education, if one of the following grounds exists: 1) identification of false information in documents submitted by an organization engaged in educational activities; 2) the presence of a negative conclusion drawn up on the basis of the results of an accreditation examination.

23 The accreditation body deprives an organization engaged in educational activities of state accreditation of educational activities for educational programs declared for state accreditation, related to the relevant levels of education or to enlarged groups of professions, specialties and areas of training, if one of the following grounds exists:

24 1) cancellation of a license to carry out educational activities in full or in respect of individual state-accredited educational programs; 2) repeated violation during the period of validity of state accreditation by an organization carrying out educational activities of the legislation in the field of education, which entailed the unlawful issuance of documents on education and (or) qualifications of the established form; 3) expiration of the period of suspension of the state accreditation (in the absence of grounds for the renewal of the state accreditation).

25 An organization carrying out educational activities has the right to apply for state accreditation not earlier than one year after the refusal of state accreditation or deprivation of its state accreditation. For the issuance of a certificate of state accreditation, reissuance of a certificate of state accreditation and the issuance of a temporary certificate of state accreditation, a state fee is paid in the amount and in the manner established by the legislation of the Russian Federation on taxes and fees. The regulation on state accreditation of educational activities is approved by the Government of the Russian Federation.

26 The Regulation on state accreditation of educational activities establishes: 1) requirements for an application for state accreditation, a list of information included in it, requirements for documents necessary for state accreditation and attached to an application for state accreditation, and their list; 2) the procedure for the submission by an organization carrying out educational activities of an application for state accreditation and documents required for state accreditation, the procedure for their acceptance by the accreditation body; 3) the procedure for conducting an accreditation examination, including the procedure for attracting experts and (or) expert organizations to conduct an accreditation examination;

27 4) features of conducting an accreditation examination during the state accreditation of the educational activities of educational organizations whose founders are religious organizations, in terms of confirming the educational qualification of teachers of such educational organizations, as well as the educational activities of foreign institutions of the Ministry of Foreign Affairs of the Russian Federation; 5) the procedure for making a decision on state accreditation or on refusal of state accreditation;

28 6) the procedure for the provision by the accreditation body of a duplicate of the certificate of state accreditation; 7) grounds and procedure for reissuing a certificate of state accreditation; 8) the procedure for suspension, renewal, termination and deprivation of state accreditation; 9) features of the accreditation examination during the state accreditation.

29 An organization carrying out educational activities shall attach to the application for state accreditation: - a power of attorney or other document confirming the right of an authorized person of an organization carrying out educational activities, who sent the application and attached documents, to act on behalf of the organization; - information on the implementation of educational programs declared for state accreditation; - information about the presence (absence) of public accreditation in Russian, foreign and international organizations and (or) professional public accreditation; - Description of submitted documents.


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