The educational organization adopts local regulations on. Local regulations adopted by the educational organization independently

Educational organization on one's own develops and accepts local regulations , containing norms regulating educational relations, and in addition, how employer, adopts local regulations containing standards labor law regulating labor relations, within their competence in accordance with the law Russian Federation in the manner prescribed by its charter.

We present to your attention a fragment of the seminar “Requirements of the Federal Law “On Education in the Russian Federation” for the charter and local acts.” Conducted by Alexey Ivanovich Lomov, Honorary Worker of General Education of the Russian Federation, Deputy Editor-in-Chief of the magazine “Practice” administrative work at school", expert information portal 273-FZ.rf

Video (7 min.) can be expanded to full screen!

To provide legitimacy of local acts When adopting them, the following principles must be strictly observed:

· no one can be limited in their rights and freedoms provided by current legislation and regulations at the municipal level (Article 55 of the Constitution of the Russian Federation);

· any local acts affecting the rights, freedoms and responsibilities of students, their parents (legal representatives), employees of educational institutions cannot be applied if they are not presented for public information (not brought to their attention) (Article 15 of the Constitution of the Russian Federation);

· the exercise of the rights and freedoms of students, their parents (legal representatives), and employees of educational institutions should not violate the rights and freedoms of other persons (Article 17 of the Constitution of the Russian Federation);

· everyone is equal in enjoying rights and freedoms and bearing responsibilities (Article 19 of the Constitution of the Russian Federation);

· when adopting local regulations affecting the rights of employees, in the manner and in cases provided for labor legislation, it is necessary to take into account the opinion of the representative bodies of PA employees (if any) (Part 4 of Article 30 of the Law);

· when adopting local regulations affecting the rights of students, it is necessary to take into account the opinion of the student council and the parent council (if any) (Part 4 of Article 30 of the Law);

· the norms of local regulations should not worsen the situation of students or employees of an educational organization in comparison with the established legislation on education and labor legislation (Part 4 of Article 30 of the Law).

Legislatively established requirements there is no need for registration of local acts, despite the presence of GOST R 6.30−2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for the preparation of documents”, approved by the Resolution of the State Committee of the Russian Federation for Standardization and Metrology dated March 3, 2003 No. 65-st, since it is advisory in nature. Therefore, when preparing school documentation, it is enough to strive to avoid contradictions with the requirements of this GOST. There is not and cannot be a single list of LNAs that must be in every public organization!

Among the local regulations (hereinafter referred to as LNA), which should or may be in the PA, 3 groups can be distinguished:

1) LNA, the type and name of which are established by law, and which must be in every PA;

2) LNA, which must regulate the procedure, order, rules, etc. prescribed by law, the type, name and quantity of which the PA determines independently;

3) LNA, the presence of which is not prescribed by any legislative acts, the presence of which is determined by the PA independently due to its autonomy (Part 1 of Article 28 of the Law).

The first group of LNAs includes:

The third group includes, for example, LNAs that regulate:

· the procedure for using seals (if there are several of them in the OO);

· creating the necessary conditions for protecting and promoting the health of students;

· work of PA management bodies;

· work of student associations;

· work of workers' associations;

· work of associations of parents (legal representatives) of students;

· organizing various events.

Thus, a unified list of LNA, which must be in every OO, no and cannot be!

Each NGO independently determines the list of LNAs regulating its activities, based on its characteristics. The main thing is that this list is sufficient, that is, it provides legal regulation of all areas of the PA’s activities.

1. An educational organization adopts local regulations containing norms regulating educational relations (hereinafter referred to as local regulations), within its competence in accordance with the legislation of the Russian Federation in the manner established by its charter.

2. The educational organization adopts local regulations on the main issues of organization and implementation educational activities, including the regulating rules for the admission of students, the mode of classes of students, the forms, frequency and procedure for ongoing monitoring of progress and intermediate certification of students, the procedure and grounds for the transfer, expulsion and reinstatement of students, the procedure for registering the emergence, suspension and termination of relations between the educational organization and students and (or) parents (legal representatives) of minor students.

3. 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 workers (if there are such representative bodies) is taken into account ).

4. Norms of local regulations that worsen the situation of students or employees of an educational organization in comparison with the provisions established by education legislation, labor legislation, or adopted in violation of the established procedure, are not applied and are subject to cancellation by the educational organization.

Commentary to Art. 30 of the Law “On Education in the Russian Federation”

The article under comment is new to domestic educational legislation. Law No. 3266-1 contained a separate mention of local rule-making in educational organizations, but these provisions were of an episodic nature and were “scattered” throughout individual articles normative act.

Paragraph 1 of the commented article establishes the authority of an educational organization to adopt local regulations. The competence of the educational institution, and represented in various combinations by the founder, the board of the educational institution, the pedagogical council, the board of trustees, the parent committee, student associations, and other governing bodies of the educational organization, if any, includes the pedagogical and educational process, the rights and responsibilities of students , regulation and execution of contractual relationships of educational organizations, administration relationships educational institution And public organizations, student associations, the creation and functioning of business companies whose activities consist of the practical application (implementation) of the results of intellectual activity and some other issues. The competence of the educational organization is defined.

Moreover, acts of local regulation, since the relations developing in the field of education are complex in nature, regulate relations in the field social protection, budget financing, taxation, labor.

The presence and quality of statutory and other documents regulating the activities of an educational organization is a criterion for assessing the effectiveness of state educational institutions.

Paragraph 2 of the commented article establishes a certain list of issues on which educational organization has the right to adopt local regulations, and sometimes is obliged to do so.

It is mandatory to adopt the charter of the educational organization, rules of admission to the educational organization, regulations on the procedure for providing paid educational services, including a sample agreement on the provision of paid educational services, a document approving the cost of training for each educational program, internal regulations for students, internal labor regulations, a collective agreement, a plan for the financial and economic activities of an educational organization or a budget estimate for an educational organization, regulations on forms of education (externship, self-education according to individual programs, regulations on family education, regulations on free attendance of classes, etc.).

Within the framework of local regulations, issues of student participation in the formation of the content of their vocational education subject to compliance with federal state educational standards of secondary vocational and higher education, educational standards; the procedure for using the medical and health infrastructure, cultural objects and sports facilities of the educational organization; providing students in basic educational programs of secondary vocational and higher education with full-time education with residential premises in a dormitory if there is an appropriate specialized housing stock from such organizations; the procedure for creating, organizing work, making decisions by a commission to resolve disputes between participants in educational relations and their implementation; the procedure for free use of libraries and information resources, as well as access to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means to support educational activities.

Within the framework of by-laws and instructional letters, the Ministry of Education and Science of Russia develops approximate lists of local acts of an educational institution, for example, ensuring the implementation of extracurricular activities within the framework of the federal state educational standard of primary general education * (34), those acts that will need to be amended in connection with the use electronic journal*(35).

The procedure for the adoption of local regulations is established by the charter of the educational organization.

The legislator, ensuring a democratic procedure for creating a local act and observing the neutrality of the educational organization in internal affairs, creates a certain mechanism of “checks and balances” within the educational institution in the form of various management and self-government bodies, establishing the obligation of their participation in decision-making, thereby initiating processes internal control and consistency of actions and acts taken.

Failure to comply with the procedure for adopting a local act becomes a subject of judicial attention only in the context of consideration of a case on other grounds * (36), if this is essential for the correct resolution of the case by the court.

The opinion of student councils, parent councils, and representative bodies of students when adopting local regulations affecting the rights of students and employees of an educational organization is usually taken into account by including a representative (head) of the student council, parents, and a representative body of students in the general meeting.

The participation of a representative body of workers (if there is such a representative body) in the adoption of a local act is determined, as a rule, collective agreement, agreements. Labor Code The Russian Federation establishes the procedure for taking into account the opinion of the elected body of the primary trade union organization when adopting local regulations (Article 372). The employer sends the draft local regulatory act and the rationale for it to the elected body of the primary trade union organization, which, no later than five working days from the date of receipt of the draft of the specified local regulatory act, sends the employer a reasoned opinion on the draft in writing.

If the reasoned opinion of the elected body of the primary trade union organization does not contain agreement with the draft local regulatory act or contains proposals for its improvement, the employer may agree with it or is obliged to conduct additional consultations within three days after receiving the reasoned opinion in order to achieve a mutually acceptable solution.

If agreement is not reached, the disagreements that arise are documented in a protocol, after which the employer has the right to adopt a local normative act, which can be appealed by the elected body of the primary trade union organization to the relevant state labor inspectorate or to the court. The elected body of the primary trade union organization also has the right to initiate a collective labor dispute procedure.

The State Labor Inspectorate, upon receipt of a complaint (application) from the elected body of the primary trade union organization, is obliged to conduct an inspection within one month from the date of receipt of the complaint (application) and, if a violation is detected, issue the employer an order to cancel the specified local normative act, which is mandatory for execution.

The opinion of the representative body of employees is taken into account during the reorganization or liquidation of the organization; introduction of technological changes entailing changes in the working conditions of workers, forms of professional training, retraining and advanced training of workers, approval of the certification procedure, when establishing a remuneration system, specific amounts of wage increases, pay slip forms, application of a labor standardization system, when introducing , replacement and revision of labor standards, approval of internal labor regulations, imposition disciplinary action.

Paragraph 4 of the commented article repeats the corresponding provision enshrined in Art. 8 of the Labor Code of the Russian Federation. In cases where the norms of a local act worsen the situation of workers or reduce the level of guarantees in comparison with established educational or labor legislation and other regulatory legal acts, containing labor law norms, they are not subject to application. The norms of educational legislation or labor legislation are applied, and such an act is subject to repeal. In case of disagreement of the employer - in an administrative or judicial manner.

The role of local acts of educational organizations in addressing issues of preventing child injuries

Explanatory note

A local act is a legal document (act) based on the norms of legislation, adopted in the prescribed manner by the competent management body of the organization and regulating intra-organizational relations.

In accordance with Articles 28, 30 of Federal Law No. 273-FZ “On Education in the Russian Federation,” an educational organization adopts local regulations within its competence in accordance with the legislation of the Russian Federation in the manner established by its Charter.

Data Purpose methodological recommendations– to help the administration of educational organizations and teaching staff responsible for the prevention of child injuries, create local acts that will help ensure the creation safe conditions in an educational organization and carrying out preventive work to prevent accidents among students.

The concept of a local act

The main purpose of a local act is to detail, specify, supplement, and sometimes supplement the general legal norm in relation to the conditions of a particular educational organization, taking into account the peculiarities and specifics labor relations, educational process and other conditions.

A local act must embody the following features:

1. A local act regulates relations only within a separate organization. “An educational organization adopts local regulations containing norms regulating educational relations, within its competence in accordance with the legislation of the Russian Federation in the manner established by its charter” (Clause 1 of Article 30 No. 273-FZ). Local acts cannot regulate relations that develop outside the educational organization.

2. The local act is developed taking into account the laws and regulations of the Russian Federation, the region, as well as legal regulations of local government bodies.

3. A local act of an educational organization is an official legal act, a written document that must have all the necessary details: name, date of publication, registration number, signature authorized person, types of approval, seal of the educational organization (if necessary).

4. To develop and adopt a local act, it is necessary to involve all subjects of educational relations, which allows for the formation of a high culture of their implementation.

When adopting local regulations affecting the rights of students and employees of an educational organization, the opinions of student councils, parent councils, representative bodies of students are taken into account, as well as, in the manner and in cases provided for by labor legislation, representative bodies of employees (if there are such representative bodies) ( Clause 3, Article 30 No. 273-FZ). The division of powers between the participants of the entity is determined by the Charter.

Types of local acts

There are quite a few types of local acts; for convenience, they can be classified according to the following criteria:

1) by degree of importance:

– mandatory – the composition of such local acts is determined by labor and civil legislation. The Labor Code of the Russian Federation, the law “On Education in the Russian Federation” contain a direct indication of the adoption of such documents (for example, Articles 189 and 135 of the Labor Code of the Russian Federation, Article 52 of the Civil Code of the Russian Federation, Article 30 of the Law “On Education in the Russian Federation”);

– optional – such documents are not directly provided for by law; the organization adopts local acts at its own discretion (for example, Regulations on the organization of children's recreation);

2) by scope:

– of a general nature that applies to the entire organization (for example, Internal Labor Regulations);

– of a special nature, relating to individual issues (for example, Regulations on structural divisions, Regulations on specialized offices);

3) by circle of persons:

– applicable to all employees of the organization (for example, Internal Labor Regulations);

– applicable to a certain category of participants in legal relations (Rules of conduct for students in an educational organization).

Individual local acts are used for legal registration of a specific management decision and are designed for single use. For example, orders to impose penalties, rewards, etc.;

4) by validity period:

– repeated and long-term (before replacement, application, invalidation) application (for example, the Charter of an educational organization, job descriptions of employees, regulations on management bodies, structural divisions, etc.);

– with a certain validity period (for example, a duty schedule).

Local acts of an educational organization are issued (adopted) in different forms (decree, order, decision, instruction; regulations, rules) and can regulate a variety of aspects of the life of an educational organization (Appendix No. 1).

Principles for issuing local regulations:

1. Legality. Local normative acts must not contradict the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, normative legal acts of federal executive bodies, laws and other normative legal acts of constituent entities of the Russian Federation, acts of local governments.

2. Validity. An educational organization should develop only those local regulations that are necessary and (or) mandatory (the adoption of which is mandatory in accordance with the law).

3. Democracy. The group of developers of the act should include various representatives of participants in educational relations interested in its adoption, and be formed taking into account the professionalism and experience of the candidates.

4. Systematicity. This principle requires that a local normative act be organically connected with other local normative acts of an educational organization, do not duplicate the norms of existing acts, and do not contain gaps or contradictions.

Structure and content of local regulations

The structure and content of local acts depend on the range of issues in relation to which the adoption of such acts is necessary.

Conventionally, the structure of local acts can be divided into the following parts:

– general provisions: list of regulated issues; regulatory legal acts in accordance with which the local act is adopted; categories of persons subject to the local act;

– the main part: the rights and obligations of the employee and employer, administration, teaching staff and students and their parents; procedures not defined by law; actions of the parties, deadlines, responsibilities, etc.;

– final provisions: time of entry into force of a local act, a list of local acts or individual provisions that terminate with the adoption of a new act.

Local acts may contain appendices concerning issues reflected in these acts.

When writing the text of a local act, one should be guided by the norms of the “Unified Documentation System. Unified system of organizational and administrative documentation. Documentation requirements. GOST R 6.30-2003".

Development of local regulations

The procedure for developing local acts is not established by law, so the organization determines it independently.

Conventionally, the procedure for developing local acts can be divided to the following stages:

1. Identification of issues that require the development and approval of a local act. In practice, such a need is identified during meetings, meetings, and meetings of the pedagogical council.

2. Determining the stages and timing of the development of a local act. In practice, the manager sets them when discussing issues that require the development and approval of a local act.

3. Creation of a working group to develop a local act. Such a group may consist of representatives of the administration, teaching staff, parent committee, public council, student council.

4. Preparation of a draft local act.

5. Coordination of the draft local act. At this stage, the project must be agreed upon with the working group members and other interested parties.

For example, a problem arose in an organization related to the scope of authority of the duty administrator and the duty teacher. In this case, it is advisable to develop and adopt job descriptions for the duty administrator and duty teacher.

Familiarization of subjects of legal relations with local regulations

According to Part 2 of Art. 22 of the Labor Code of the Russian Federation, employees must be familiarized with all local acts adopted by the organization and directly related to their work activities.

In accordance with paragraph 4 of Art. 9 of the Federal Law of July 24, 1998 No. 124-FZ “On the Basic Guarantees of the Rights of the Child in the Russian Federation,” the texts of the Charter and internal regulations of organizations are posted in places accessible to children and their parents.

If a local act concerns students and their parents, it must be brought to their attention. It is advisable to familiarize students and their parents with local regulations upon admission to an educational organization, at a general or class meeting. If the student and his parent provided their email address in their application or otherwise, then the text of the local act can be sent to e-mail. Such a local act must be posted on an accessible stand in an accessible format on the Internet.

There are several ways to confirm that employees are familiar with local regulations:

1. Signature of the person on the familiarization sheet. His last name, first name, patronymic and date of acquaintance must also be indicated. This sheet is attached to each local act, numbered, stitched and sealed with the seal and signature of an official.

2. The signature of the person on a separate document - a log of familiarization of employees, students and their parents with local acts. Unlike the familiarization sheet, this magazine provides the opportunity to familiarize yourself with several local acts.

3. The signature of the person on the familiarization sheet, which is an appendix to the employment contract, to the student’s personal file.

Changes in local regulations

An educational organization has the right to make changes to local acts:

– in connection with the entry into force or change of legislation in the field of education, a law or other regulatory legal act containing labor law norms, a collective agreement, an agreement;

- at your own discretion. In this case, it is important that the adopted local acts do not worsen the situation of workers, students, and their parents in comparison with labor legislation, legislation in the field of education, collective agreements, agreements (Part 4 of Article 8 of the Labor Code of the Russian Federation).

Changes are made in the same order in which the local act was originally developed and approved.

Cancellation of local regulations

The grounds for termination of a local act or its individual provisions are:

– expiration of the validity period (this situation is possible if, when developing a local act, the period of its validity was determined);

– entry into force of a law or other normative legal act regulating legal relations in the field of education or containing labor law norms, a collective agreement, an agreement, when these acts establish more high level guarantees to employees compared to the current local act.

Posting materials on the official website of the educational organization

According to Part 2 of Art. 29 of the Federal Law “On Education in the Russian Federation”, an educational organization ensures openness and accessibility:

1) information:

a) on the date of creation of the educational organization, on the founder, founders of the educational organization, on the location of the educational organization and its branches (if any), mode, work schedule, contact numbers and about email addresses;

b) about the structure and governing bodies of the educational organization;

c) about the educational programs being implemented, indicating the academic subjects, courses, disciplines (modules), practices provided for by the relevant educational program;

d) on the number of students in educational programs being implemented at the expense of allocations from the federal budget, budgets of constituent entities of the Russian Federation, local budgets and under educational agreements at the expense of individuals and (or) legal entities;

e) about languages ​​of education;

f) on federal state educational standards, on educational standards (if any);

g) about the head of the educational organization, his deputies, heads of branches of the educational organization (if any);

h) o personnel teaching staff indicating the level of education, qualifications and work experience;

a) the charter of the educational organization;

b) licenses to carry out educational activities (with attachments);

c) certificates of state accreditation (with attachments);

d) a plan for the financial and economic activities of an educational organization, approved in accordance with the procedure established by the legislation of the Russian Federation, or the budget estimate of an educational organization;

e) local regulations provided for in Part 2 of Art. 30 of the Federal Law “On Education in the Russian Federation”, internal regulations for students, internal labor regulations, collective agreement;

3) report on the results of self-examination;

4) a document on the procedure for the provision of paid educational services, including a sample agreement on the provision of paid educational services, a document on approval of the cost of training for each educational program;

5) instructions of the bodies implementing state control(supervision) in the field of education, reports on the implementation of such regulations;

6) other information that is posted, published by decision of the educational organization, and (or) placement, publication of which is mandatory in accordance with the legislation of the Russian Federation.

The adoption of local acts is not a very complicated procedure, but is an opportunity to prevent or overcome difficulties arising as a result of the relationships between participants in the educational process, and to prevent accidents with students, teaching staff and employees of an educational organization.

Local acts stabilize relations, eliminate disputes and violations, help manage, build relations in a civilized manner, and help take part in lawmaking.

Literature:

1. Bolotova, E. L. Pedagogical activity in the new Law “On Education in the Russian Federation” / E. L. Bolotova // Public education. – 2013. – No. 6. – P. 44–52.

2. Vavilova, A. A. Change legal regulation in the field of education / A. A. Vavilova // Directory of the head of an educational institution. – 2013. – No. 2. – P. 5–17.

3. Methodological recommendations for heads of educational organizations on the implementation of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” / A. V. Koptelov, M. I. Solodkova, etc. - Chelyabinsk: CHIPPKRO, 2013. - 132 p.

4. Letter of the Ministry of Education and Science of the Russian Federation dated March 28, 2013 No. DL-65/08 “On establishing requirements for students’ clothing.”

5. “Labor Code of the Russian Federation” dated December 30, 2001 No. 197-FZ (as amended on July 3, 2016) (as amended and supplemented, entered into force on October 3, 2016).

6. “Unified documentation systems. Unified system of organizational and administrative documentation. Documentation requirements. GOST R 6.30-2003" (approved by Resolution of the State Standard of Russia dated 03.03.2003 No. 65-st).

7. the federal law“On Education in the Russian Federation” No. 273-FZ dated December 29, 2012.

Appendix No. 1

Forms of local acts

Resolution is a local regulatory or individual legal act containing a decision of the collegial governing body of an educational organization.

An order is a local regulatory or individual (administrative) local act issued by the head to solve the main and operational tasks facing an educational organization. For example, orders approving the internal regulations of the school, the internal regulations of students. As a rule, orders approve and put into effect local regulations adopted in the form of regulations, instructions and rules.

A decision is a local legal act adopted by a general meeting of employees (students, their legal representatives) to exercise the right to participate in the management of an educational organization. For example, a decision of the pedagogical council, a decision of a general meeting.

Regulation – a local normative act establishing legal status governing body of an educational organization, a structural unit of an educational organization or the basic rules (order, procedure, regulations) for the implementation by an educational organization of any of its powers.

An instruction is a local normative act that establishes the order and method of carrying out something. The instructions determine the legal status (rights, duties, responsibilities) of the employee for the position held, and safe work practices. The most common types of instructions are job descriptions for employees of educational organizations, instructions on labor protection and safety precautions.

Rules are a local normative act regulating organizational, disciplinary, economic and other special aspects of the activities of an educational organization and all participants in educational activities. An example of this type of local acts can be internal labor regulations, internal regulations for students.

Appendix No. 2

Approximate list of local regulations of educational organizations related to the prevention of accidents and injuries in accordance with the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”

1. Internal labor regulations for students (including clothing requirements) – subparagraph 1 of paragraph 3 of Article 28: the competence of the educational organization includes the development and adoption of internal regulations for students.

2. Internal labor regulations – subparagraph 1 of paragraph 3 of Article 28: the competence of an educational organization in the established field of activity includes the development of internal labor regulations.

3. Regulations on the organization scientific and methodological work– subparagraph 20 of paragraph 3 of Article 28: the competence of an educational organization in the established field of activity includes the organization of scientific and methodological work, including the organization and holding of scientific and methodological conferences and seminars.

4. Regulations on the organization of consulting, educational activities, activities in the field of health protection and other activities that do not contradict the goals of creating an educational organization - paragraph 5 of Article 28: an educational organization has the right to conduct consulting, educational activities, activities in the field of protecting the health of citizens and other activities that do not contradict the goals creation of educational organization activities, including the organization of recreation and health improvement for students during the holidays.

5. Class schedule for students – paragraph 2 of Article 30: an educational organization adopts local regulations on the main issues of organizing and carrying out educational activities, including those regulating the study schedule for students.

6. Regulations on the application to students and removal of disciplinary measures from students (based on the procedure established by the federal executive body) - paragraphs 4–12 of Article 43: for failure to comply with or violation of the charter of the organization carrying out educational activities, internal regulations, rules of residence in dormitories and boarding schools and other local regulations on the organization and implementation of educational activities, disciplinary measures may be applied to students - reprimand, reprimand, expulsion from the organization carrying out educational activities.

7. Requirements for students’ clothing (Clause 18, Article 28 of the Federal Law “On Education in the Russian Federation” and Letter of the Ministry of Education and Science of the Russian Federation dated March 28, 2013 No. DL-65/08 “On establishing requirements for students’ clothing”).

8. Regulations on the website of an educational organization. The obligation of an educational organization to maintain an official website on the Internet is enshrined in clause 21 of Art. 28 No. 273-FZ “On education in the Russian Federation”. The list of information required to be posted on the website is contained in clause 2 of Art. 29 No. 273-FZ “On education in the Russian Federation”.

9. The schedule of students’ classes (clause 2 of Article 30 No. 273-FZ “On Education in the Russian Federation”) is approved by the head of the educational organization. Sets the mode of conducting classes (time and duration of lessons, shifts). May provide for liability for being late (as for violating the class schedule) or for absenteeism.

10. Regulations on the procedure for applying disciplinary measures to students (Article 43 No. 273-FZ “On Education in the Russian Federation”). Defines the responsibilities of students, for failure to fulfill which disciplinary measures may be applied. The regulation determines the procedure for applying penalties, documenting penalties, the age at which a specific penalty can be applied, a list of these measures, and the procedure for appealing decisions to apply a disciplinary sanction.

11. Job Descriptions employees of an educational organization.

Job descriptions represent a subsystem of local legal acts of an educational organization. They make it possible to monitor the activities of school employees in accordance with regular positions.

Job descriptions are developed by the administration of the educational organization, signed by the employee and approved by the head of the educational institution.

For organizational support of formation information resource(website) of the educational organization and timely updating of information in the educational organization, local acts must be adopted to ensure the work of the specified divisions of the organization and their specialists.

Appendix No. 3

An approximate list of local acts, the creation of which will contribute to the prevention of accidents and child injuries in an educational organization

1. Regulations on the schedule of students’ classes.

2. Regulations on clothing requirements and appearance students.

3. Regulations on the duty administrator.

4. Regulations on the teacher on duty.

5. Regulations on the class teacher on duty.

6. Regulations on the duty class.

7. Regulations on safety rules in high-risk rooms.

8. Regulations on compliance with safety measures during sporting events, excursions, hiking trips, and being on sports grounds.

9. Regulations on monitoring the work of an educational organization to prevent child injuries.

10. Regulations on the investigation and recording of accidents involving students.

11. Rules of conduct for students.

12. Rules on incentives and penalties for students.

13. Rules for organized transportation of a group of children by bus.

14. Class safety rules physical culture and sports in general education organizations.

15. Requirements for organizing and conducting bus excursions for students.

16. Requirements for students and teachers when conducting lessons and training sessions.

17. The procedure for recording student attendance at lessons.

18. Order “On the appointment of persons responsible for organizing safe work in an educational organization.”

19. Plans for all areas of preventive work:

– work plan of an educational organization for the prevention of childhood injuries;

– action plan to prevent child road traffic injuries;

– work plan of an educational organization for the prevention of child injuries in physical education lessons.

1. Regulatory documents and local acts of preschool educational organizations in the context of the implementation of the Federal State Educational Standard for Education

1. Plan of main activities to prepare for the transition to
2. GEF DO MB DOU " Kindergarten No. 108" for the 2013-2016 academic year. G.

1. Regulations on the working group on the introduction of the Federal State Educational Standard for Preschool Education in the MB Preschool Educational Institution “Kindergarten No. 108”.

1. Regulatory documents and local acts of preschool educational organizations in the context of the implementation of the Federal State Educational Standard for Education.

International legal acts:

• Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 (as amended and supplemented);
• Convention on the Rights of the Child (approved by the UN General Assembly on November 20, 1989, entered into force for the USSR on September 15, 1990);
• Addendum to the Declaration of the Rights of the Child related to the child’s right to play (UN, February 1, 2014
• Declaration of the Rights of the Child (dated November 20, 1999);

Laws of the Russian Federation:

• Constitution of the Russian Federation of December 12, 1993 (as amended and supplemented);
• Family Code of the Russian Federation dated December 8, 1995 No. 223 FZ (as amended and supplemented);
• Federal Law of July 24, 1998 No. 124-FZ “On the Basic Guarantees of the Rights of the Child in the Russian Federation” (as amended and supplemented);
• Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”,

Documents of the Government of the Russian Federation:

• Order of the Government of the Russian Federation dated December 29, 2001 No. 1756-r “On the concept of modernization of Russian education for the period until 2010.”
• Decree of the Government of the Russian Federation dated July 5, 2001. No. 505 “On approval of the rules for providing paid services in the field of preschool and general education" (with amendments and additions).
• Decree of the Government of the Russian Federation of August 5, 2013. No. 662 “On monitoring the education system” .
• Decree of the Government of the Russian Federation of August 8, 2013 No. 678 Moscow “On approval of the nomenclature of positions for teaching staff of organizations engaged in educational activities, positions of heads of educational organizations ».
• Decree of the Government of the Russian Federation of July 10, 2013 No. 582 “On approval of the Rules for posting on the official website of an educational organization on the Internet information and telecommunications network and updating information about the educational organization ».
• Extract from the “Federal Target Program for the Development of Education for 2011 – 2015” Resolution of the Government of the Russian Federation dated February 7, 2011 No. 61 .
• Decree of the Government of the Russian Federation of August 15, 2013 No. 706 “On approval of the Rules for the provision of paid educational services” .
• Extract from the state program of the Russian Federation "Development of Education" for 2013-2020 (approved by Order of the Government of the Russian Federation of May 15, 2013 No. 792-r) .
• Comprehensive program for improving the professional level of teaching staff educational organizations"(approved by the Government of the Russian Federation on May 28, 2014, No. 3241p-P8).

Documents of the Ministry of Education and Science of the Russian Federation.

• The concept of the content of lifelong education (preschool and primary level) (approved by the FCC for general education of the Ministry of Defense of the Russian Federation on June 17, 2003).
• Order of the Ministry of Education and Science of Russia dated April 28, 2014, No. 594 “On approval of the procedure for developing an exemplary basic educational program, conducting their examination and introducing a register of notable basic educational programs.
• Comments on the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation.”
• Extracts from the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation.”
• Extracts from the “National Strategy of Action in the Interests of Children for 2012 - 2017” Decree of the President of the Russian Federation of June 1, 2012 No. 761
• Federal state educational standard for preschool education. Order of the Ministry of Education and Science of Russia dated October 17, 2013 No. 1155.
• Order of the Ministry of Health and Social Development of the Russian Federation dated August 26, 2010 No. 761n “On approval of the Unified Qualification Directory of Positions of Managers, Specialists and Employees” Section “Qualification Characteristics of Positions of Education Workers.” Extracts.
• Order of the Ministry of Education and Science of the Russian Federation (Ministry of Education and Science of Russia) dated March 24, 2010 No. 209 “On the procedure for certification of teaching staff of state and municipal educational institutions ».
• Resolution of the Chief State Sanitary Doctor of the Russian Federation dated May 15, 2013 No. 26, Moscow “On approval of SanPiN 2.4.1.3049-13 “Sanitary and epidemiological requirements for the design, content and organization of the operating mode of preschool educational organizations.”
• Order of the Ministry of Education and Science of the Russian Federation (Ministry of Education and Science of Russia) dated August 30, 2013 No. 1014 Moscow “On approval of the Procedure for organizing and implementing educational activities in basic general education programs - educational programs of preschool education.”
• Order of the Ministry of Education and Science of the Russian Federation (Ministry of Education and Science of Russia) dated September 20, 2013 N 1082 Moscow“On approval of the Regulations on the Psychological-Medical-Pedagogical Commission ».
• Methodological recommendations for the implementation of the powers of state authorities of the constituent entities of the Russian Federation to provide financial support for the provision of state and municipal services in the field of preschool education. Letter from the Ministry of Education and Science of the Russian Federation dated 01.10. 2013 No. 08-1408.
• Order of the Ministry of Education and Science of the Russian Federation dated March 27, 2006 No. 69 “On the peculiarities of working time and rest time for teaching and other employees of educational institutions ».
• Order of the Ministry of Education and Science of the Russian Federation of December 24, 2010 No. 2075
• « On the duration of working hours (standard hours of teaching work per wage rate) of teaching staff ».
• Letter of the Ministry of Education and Science of the Russian Federation and the Department of State Policy in the Field of General Education dated January 13, 2014 No. 08-10

Regulatory documents and local acts of preschool educational organizations in the context of the implementation of FOS DO.

In accordance (with Article 30) of the Law “On Education in the Russian Federation” No. 273-FZ dated December 29, 2013, an educational institution (organization) adopts local regulations containing rules governing educational relations within the limits of its competence. A preschool educational organization (hereinafter referred to as PEO) adopts local regulations on the main issues of organizing and carrying out educational activities, including regulating the rules for admitting students, classes, forms, frequency, procedure for intermediate and final monitoring, expulsion and reinstatement of students, suspension and termination of relations between the preschool educational institution and parents (legal representatives).

Local regulations.

A local normative act is a written official document adopted (issued) in a certain form by the relevant body of an institution (organization) within its competence and aimed at establishing, amending or repealing norms.

Local regulations are issued on the basis and implementation of the Law “On Education in the Russian Federation”, the Federal State Educational Standard for Preschool Education, Order No. 1155 of October 17, 2013, and the Charter of Preschool Education. The Charters of educational organizations indicate the types of local acts regulating the activities of the organization.Any documents of the organization establishing, amending or canceling any norms within the organization can be issued and accepted only in the form of:orders and instructions, decisions, regulations, instructions, rules.

Classification of local acts.

Local acts can be grouped as follows:

Approved by the manager(organizational and administrative documentation):staffing; staffing structure; nomenclature of cases; office work instructions; job descriptions of employees; orders and instructions on issues of core activities; other documents, according to the list of cases;

Adopted by the pedagogical council: preschool development program; main educational program of preschool; curriculum schedule; calendar curriculum; work programs in all areas, etc.

Approved by the managerafter their adoption by self-government bodies (trade union body of the preschool educational institution, representatives of the parent community, labor collective): Regulations on the Pedagogical Council; Regulations on the Governing Council; Regulations on the commission for resolving disputes between participants in educational relations; Regulations on the general parent meeting; Regulations on the meeting of the labor collective, etc.

Registration of local acts

For all documents requiring recording, execution and use for reference purposes, registration is required, i.e. recording of accounting data about a document in the prescribed form. (Provisions are included in the nomenclature of DOO cases).

Consideration of a draft local regulatory act should be reflected in the minutes of the meeting of the self-government body. The stamp “Adopted at the pedagogical council or the general parent meeting of the organization, etc. Protocol No.___ from “___”.

Among these types of local regulations, the following division can be made: orders and instructions are issued individually, for example, by the head of a preschool educational institution(it is advisable to approve regulations, instructions, rules by order, decree).Decisions are made, as a rule, by collegial bodies(governing, pedagogical council, parent meeting, parents' council, general meeting of the workforce, etc.).

Having determined the type of local normative act, and starting to compile the text, it is necessary to determine its structure - to highlight the mandatory sections of the content. The goals and motives for the adoption of a local regulatory act are given in the introductory part - the preamble. Regulatory requirements are drawn up in the form of paragraphs, which are numbered in Arabic numerals. The text within sections is divided into paragraphs and subparagraphs, which can be alphabetically or numerically numbered.

If necessary, for completeness of presentation of the issue, individual provisions of legislative acts may be reproduced in local acts, which must have links to these acts and an official source.

If local acts contain tables, graphs, maps, diagrams, then, as a rule, they should be presented in the form of appendices, and the corresponding clauses of the act should have links to these appendices.

The local regulatory act is approved (signed) by the head of the educational organization.

Entry into force:A local regulatory act comes into force on the date of its adoption by the employer or from the date specified in this local regulatory act, and applies to relations that arose after its entry into force. When enacting local regulations, the following rules must be observed:

An approved local regulatory legal act can be put into effect only after a procedure has been carried out to familiarize the employees to whom it applies with its contents;

Acts that change mandatory conditions employment contract, by virtue of Article 74 of the Labor Code of the Russian Federation, can be put into effect no earlier than two months after employees familiarize themselves with their contents;

In cases where a local regulatory act contains rules that provide for training, instruction and knowledge testing, then such an act can be put into effect only after appropriate training, instruction and knowledge testing. This is documented.

The local normative act must precisely define the time and procedure for its entry into force, as well as the time of termination of the local normative legal act that previously regulated these relations, and the method of its withdrawal. Here the procedure for bringing to the attention of employees information about the introduction of a local regulatory act and its content should be established. This information may be contained both in the last section of the local regulatory act itself, and in a separate order (instruction) of the employer. This procedure can be regulated by an independent local regulatory act of the organization, for example a standardorganization or positionon the procedure for developing approval and enactment of one or another type of local regulations.

It should be borne in mind that in accordance with Art. 8 of the Labor Code of the Russian Federation, norms of local regulations that worsen the situation of workers in comparison with established labor legislation and other regulations containing labor law norms, collective agreements, agreements, as well as local regulations adopted without compliance with the established Art. 372 of the Code of Procedure for taking into account the opinions of the representative body of workers are not subject to application, therefore, during inspections of organizations by state labor inspectors, they will be canceled, and the guilty officials will be brought to administrative responsibility.

Basic requirements for writing orders for core activities.

The order on the main activity is an administrative document reflecting decisions on the financial and economic activities of the public organization, planning, reporting of the educational process, foreign economic activity, physical development, etc.

The order comes into force from the moment it is signed by the head, unless another person is indicated in the text. The signed order is registered. Orders are issued on a form and contain the following details: name of the document type, date, order number, place of publication, title, text, signature, visas, approval.

The text of the order consists of two parts: stating and administrative.

In the ascertainingParts reflect the goals and objectives of the prescribed actions, the reasons for issuing the order, and provide a link to the document that served as the basis for the preparation of the order.

Administrative partcontains prescribed actions, names officials those responsible for their implementation and deadlines. This part is separated from the stating part by the word “I order” and a colon is placed. As a rule, it is divided into paragraphs, which are numbered in Arabic numerals with dots. Each paragraph of the administrative part begins with an indication of a specific action, expressed by a verb in an indefinite form.

Certain materials can be drawn up as an appendix to the order with a link to them in the appropriate paragraphs. On the first sheet of the application in the upper right corner there is an inscription: Appendix No.___to the order dated ____. №__

The pages of the order and attachments are numbered as a single document.

General requirements for drafting regulations.

Regulations are an organizational and legal document regulating the activities of departments, educational organizations of their structural divisions. The provisions consist of the following sections: general part (general provisions), relationships with other self-government bodies, main tasks, functions (responsibilities), rights, responsibilities, management organization, office work. Changes are possible when drawing up regulations for various events: competitions, festivals.

Section "General part"(general provisions) includes: determining the status of the self-government body in the management system; instructions about who it is headed and to whom it reports; degree of independence; participation in implementation target program or performing targeted management functions.

Section "Main tasks"determines: directions of activity of self-government bodies; tasks for which the given self-government body is responsible.

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

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

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

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

Section "Responsibility"provides for the establishment of responsibility of the self-government body and its head for the implementation of tasks and functions. This section is characterized by the greatest complexity of development, since here it is necessary to indicate the application of sanctions for non-fulfillment or poor performance of tasks and functions, as well as to determine the conditions under which one or another responsibility arises for the performance of tasks and functions assigned to it.”

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

Local acts regulating the activities of a preschool educational organization in the context of the implementation of the Federal State Educational Standard for preschool education.

According to scientific and methodological support

1.Order on approval of the basic educational program of preschool educationeducational organization(Federal Law No. 273-FZ dated December 29, 2012, Art. 12).

2. Regulations on the system of internal monitoring of the quality of education ineducational organization.

3.On the organization and implementation of educational activities of a preschool organization.

4.Regulations on work program teaching staff of preschool organizations.

5. Regulations on the working (creative) group for the preparation and implementation of the Federal State Educational Standard for preschool education.

6.The procedure for carrying out recreational work

7. Order on approval of the program of paid educational services

By organizational ensuring

1. Chartered organization (Federal Law of December 29, 2012 No. 273-FZ, Art. 25).

2. Internal regulations of an educational organization.

3. Agreement between the educational organization and the founder.

4. Agreement between the educational organization andparents (legal representatives) of pupils.

5.Order on approval of the schedule ( network graphics, roadmap) introduction.

6. Regulations on the settlement of disputes between participants in educational relations.

7.Regulations on the procedure for organizing training sessions for students in studios.

8.DOO Agreement about service with a medical institution.

9. Nomenclature of cases.

10. Work plan for the academic year.

11. Action plan (“ road map") preschool educational organization on the introduction of the Federal State Educational Standard for Preschool Education (FSES DO).

12.Regulations on the procedure for admitting children to DOO.

13. Regulations on the pedagogical council.

14. Regulations on the preschool educational organization council.

15. Regulations on general meeting workers.

16. Regulations on the parent committee.

17. Regulations on the board of trustees.

18. On the creation of a working (creative group) for the preparation and introduction of the Federal State Educational Standard for Education.

19. On approval of the schedule for the introduction and implementation of the Federal State Educational Standard for Education.

20. On the creation of the Coordination Council for the introduction of the Federal State Educational Standard for preschool education.

Regarding staffing

1. Job descriptions of employees of an educational organization (order of the Ministry of Health and social development Russian Federation dated August 26, 2010 No. 761n “On approval of the Unified qualification directory positions of managers, specialists and employees").

2. Order on approval of the schedule for advanced training of teaching and management employees of an educational organizationin connection with the introduction of the Federal State Educational Standard.

3. Regulations on the certification commission of teaching staff.

4.Regulations on the procedure and form of certification of teaching staff of preschool organizations.

5. Regulations on the methodological association of teaching staff.

Information support

1. Regulations on the organization and conduct of a public reporteducational organization.

2. Regulations on the Internet siteeducational organization(Federal Law No. 273-FZ dated December 29, 2012, Art. 29; Decree of the Government of the Russian Federation dated July 10, 2013 No. 582 “On approval of the Rules for posting on the official website of an educational organization on the Internet information and telecommunications network and updating information about educational organization").

By financial support

1. Regulations on wages and material incentives for workerseducational organization(Decree of the Moscow Government dated August 31, 2012 No. 445-PP “On measures for the transition of state educational institutions, subordinate to the Department of Education of the city of Moscow, to a remuneration system different from the tariff system of remuneration of employees government agencies city ​​of Moscow").

2.Regulations on the distribution of the incentive part of the workers' compensation fundeducational organization.

3. Regulations on the provision of paid additional educational services (Resolution of the Government of the Russian Federation of August 15, 2013 N 706 “On approval of the rules for the provision of paid educational services”).

4. Agreement on the provision of paid additional educational services.

For logistics

1.Provisions on various objectsorganization infrastructuretaking into account the requirements of the Federal State Educational Standard for Educational Education organizations in terms of the minimum equipment of the educational process and premises equipment.

2. Regulations on the methodological room (general provisions, tasks and directions of activity of the methodological room, management and planning of the work of the methodological room, equipment of the methodological room.

Novokuznetsk

"Kindergarten No. 108"

Plan

Main activities for

preparation for the transition to the Federal State Educational Standard

municipal budgetary preschool educational institution “Kindergarten No. 108”

2013-2016 academic year.

2013

Committee of Education and Science Administration

Novokuznetsk

Municipal budgetary preschool educational institution

"Kindergarten No. 108"

POSITION

about the working group on the introduction of the Federal State Educational Standard for Education

in the MB preschool educational institution "Kindergarten No. 108"

Novokuznetsk city district,

2014

1. General Provisions

1.1. This provision regulates the activities of the Working Group on the introduction of the Federal State Educational Standard for Educational Education in the MBDOU "Kindergarten No. 108".

1.2. These Regulations have been developed in accordance with the law of the Russian Federation dated December 29. 2012 No. 273-FZ “On Education in the Russian Federation”, Order of the Ministry of Education and Science of the Russian Federation dated October 17, 2013 No. 1155 “Federal State Educational Standard for Preschool Education”.

1.3. The activities of the Working Group are carried out in accordance with the current legislation of the Russian Federation in the field of education, regulatory legal documents, the Charter of the MBDOU "Kindergarten No. 108", as well as these Regulations.

1.4. The Working Group includes: the chairman and members of the working group from among the teaching staff of the kindergarten in the amount of 6 people.

1.5. The activities of the Working Group are aimed at coordinating actions to implement the plan for the introduction of the Federal State Educational Standard for Educational Education, to develop changes and additions to the Development Program, the Educational Program of the MBDOU "Kindergarten No. 108".

1.6. The validity period of this provision is 1 year.

1. Tasks of the Working Group.

2.1.The main tasks of the Working Group are:

• implementation of information, scientific and methodological support for the process of introducing the Federal State Educational Standard for Education;
• development of an action plan to ensure the introduction of the Federal State Educational Standard for Education in kindergarten;
• development of changes and additions to the Development Program, Educational Program of MBDOU “Kindergarten No. 108” based on the Federal State Educational Standard for Educational Education and implementation of the Program in the work of the teaching staff;
• Development of normative and methodological documentation regulating implementation Educational Program;
• Improving quality professional activity teachers, improving their pedagogical skills.

3. Functions of the Working Group.

3.1. The functions of the Working Group are:

• Study and analysis of legislative acts, regulatory documents, pedagogical and methodological literature regulating issues of preschool education;
• Implementation of a problem-oriented analysis of the educational activities of MBDOU “Kindergarten No. 108” for 2013-2017;
• Selection of content and preparation of curricula, directions of pedagogical activity of the educational process in accordance with the Federal State Educational Standard for Preschool Education for the general education program of preschool education;
• Presentation of information on the results of the introduction of the Federal State Educational Standard for Educational Education in MBDOU "Kindergarten No. 108".

4. Procedure of the Working Group.

4.1.The working group is collegial body. The general management of the Working Group is carried out by the Chairman of the group.

4.2. Chairman of the group:

Opens and leads group meetings;

Calculates voting results;

Signs requests and letters on behalf and on behalf of the group;

Reports to the Pedagogical Council on the work of the group;

4.3. At the first meeting, the Working Group elects a secretary from among its members.

The Secretary keeps minutes of the meetings of the Working Group, which are signed by all members of the group. The minutes of the Working Group are stapled in accordance with the rules for office work and deposited. The group's minutes are open and available for review.

4.4. Members of the Working Group are obliged to:

Attend meetings;

Carry out instructions in accordance with the decisions of the Working Group.

4.5.Members of the Working Group have the right:

Get acquainted with materials and documents received by the group;

Participate in the discussion of the agenda, make proposals on the agenda;

Express dissenting opinions in writing;

4.7. Protocols are numbered from the beginning of the calendar year.

4.8. Operational meetings of the Working Group are held as necessary, but at least once a month.

4.9. The results of the Working Group are brought to the attention of teaching staff at the pedagogical council.

5. Rights of the Working Group.

5.1.The working group has the right:

• Submit for consideration Pedagogical Council issues related to the implementation of the Federal State Educational Standard for Education;
• Require from employees of the institution the necessary information to carry out an in-depth analysis of the educational process;
• In some cases, invite representatives of public organizations, educational and medical institutions to a meeting of the Working Group;
• Involve other specialists to carry out individual assignments.

6. Responsibility of the Working Group.

6.1.The working group is responsible for:

• Implementation of the action plan to ensure the introduction of the Federal State Educational Standard for Educational Education in MBDOU “Kindergarten No. 108”;
• The quality and timeliness of information, consulting and scientific and methodological support for the implementation of the introduction of the Federal State Educational Standard for Education;
• Implementation of the work plan for the development of the Development Program, Educational Program within the specified time frame;
• Timely implementation of decisions of the Pedagogical Council related to the introduction of the Federal State Educational Standard for Education;
• Compliance of the Development Program and the Educational Program with the requirements of the Federal State Educational Standard for Education;
• Competence of decisions made.

7. Validity period of this Regulation

7.1. These Regulations come into force from the moment of approval and publication of the order of the head of the MBDOU “Kindergarten No. 108”.

7.2. Changes and additions are made to these Regulations as necessary and are subject to approval by the head of MBDOU "Kindergarten No. 108".