Modern ways of obtaining education. Education is a single, purposeful process of education and training, which is a socially significant benefit and carried out in the interests of the individual, family - presentation Education is carried out in the interests of
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2 Level of education - 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 exercising the functions of developing state policy and legal regulation in the field of education
3 Educational program - a set of basic 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, academic calendar, work programs of academic subjects, courses , disciplines (modules), other components, as well as assessment and teaching materials. Approximate basic educational program - educational and methodological documentation (approximate syllabus, approximate calendar educational schedule, approximate work programs of academic subjects, courses, disciplines (modules), other components), defining the recommended volume and content of education of a certain level and (or) a certain orientation, planned results of mastering 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.
4 Educational activities - implementation activities educational programs. An educational organization is a non-profit organization that, on the basis of a license, carries out educational activities as its main activity in accordance with the goals for which such an organization was created. An organization providing training is a legal entity that, on the basis of a license, carries out educational activities as an additional type of activity along with its main activities.
5 Organizations carrying out educational activities - educational organizations, as well as organizations providing training. For the purposes of this Federal Law, individual entrepreneurs carrying out educational activities are equated to organizations carrying out educational activities, unless otherwise established by this Federal Law. Curriculum - a document that determines the list, labor intensity, sequence and distribution of academic subjects, courses, disciplines (modules), practice, other types of educational activities and, unless otherwise established by this Federal Law, forms intermediate certification students.
6 Individual curriculum - a curriculum that ensures the development of an educational program based on individualization of its content, taking into account the characteristics and educational needs of a particular student. The focus (profile) of education is the orientation of the educational program towards specific areas of knowledge and (or) types of activity, which determines its subject and thematic content, the predominant types of educational activity of the student and the requirements for the results of mastering the educational program.
7 Teaching and educational means - devices, equipment, including sports equipment and equipment, instruments (including musical), educational and visual aids, computers, information and telecommunication networks, hardware, software and audiovisual tools, printed and electronic educational and information resources and other material objects necessary for organizing educational activities. Inclusive education - ensuring equal access to education for all students, taking into account the diversity of special educational needs and individual capabilities.
8 Adapted educational program - an educational program adapted for teaching persons with disabilities disabilities health, taking into account the characteristics of their psychophysical development, individual capabilities and, if necessary, ensuring the correction of developmental disorders and social adaptation of these individuals. The quality of education is a comprehensive characteristic of educational activities and student training, 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 to which the planned results of the educational program are achieved.
9 Adapted educational program - an educational program adapted for training persons with disabilities, taking into account the characteristics 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 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 carrying out educational activities directly.
12 State accreditation of educational activities 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 refusal of state accreditation of educational activities for the specified 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 mail with return receipt requested. 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 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 exercising the functions of developing 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 the objectivity of its implementation and the responsibility of experts for the quality of its implementation. 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 with the federal state educational standards of educational programs declared for state accreditation.
15 The accreditation examination involves 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. Experts and expert organizations cannot be in civil legal 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 and selecting experts and expert organizations to conduct 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 exercising 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 amounts established by the Government 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, members of the expert group prepare reports on the accreditation examination in relation to 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 based on the results of the accreditation examination, is posted by the accreditation body on its official website on the Internet. The accreditation body makes a decision on state accreditation of the educational activities of an organization carrying out educational activities 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 the main general education programs.
21 An organization carrying out educational activities that arose as a result of reorganization in the form of a merger, division or separation, or reorganized in the form of annexation of 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 temporary certificate of state accreditation is valid for one year.
22 The accreditation body refuses state accreditation of educational activities for educational programs applied for state accreditation, related to the corresponding levels of education, if one of the following grounds is present: 1) identification of unreliable information in documents submitted by the organization carrying out educational activities; 2) the presence of a negative conclusion drawn up based on the results of the accreditation examination.
23 The accreditation body deprives an organization carrying out educational activities of state accreditation of educational activities for educational programs applied for state accreditation, related to the relevant levels of education or to enlarged groups professions, specialties and areas of training, in the presence of one of the following grounds:
24 1) cancellation of the license to carry out educational activities in full or in relation to individual educational programs with state accreditation; 2) repeated violation of legislation in the field of education by an organization carrying out educational activities during the period of validity of state accreditation, which resulted in the unlawful issuance of documents on education and (or) qualifications of the established form; 3) expiration of the suspension of state accreditation (in the absence of grounds for renewing state accreditation).
25 An organization carrying out educational activities has the right to submit an application for state accreditation no 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, re-issuance of a certificate of state accreditation and the issuance of a temporary certificate of state accreditation, a state fee is paid in the amounts and in the manner established by the legislation of the Russian Federation on taxes and fees. The regulations on state accreditation of educational activities are approved by the Government of the Russian Federation.
26 The Regulations on State Accreditation of Educational Activities establish: 1) requirements for the application for state accreditation, a list of information included in it, requirements for documents necessary for state accreditation and attached to the application for state accreditation, and their list; 2) the procedure for submitting an application for state accreditation and documents necessary for state accreditation by an organization carrying out educational activities, 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 the accreditation examination during state accreditation of educational activities of educational organizations, the founders of which are religious organizations, in terms of confirming the educational qualifications of teaching staff of such educational organizations, as well as 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 refusal of state accreditation;
28 6) the procedure for the accreditation body to provide a duplicate of the certificate of state accreditation; 7) the grounds and procedure for re-issuing a certificate of state accreditation; 8) the procedure for suspension, renewal, termination and deprivation of state accreditation; 9) features of the accreditation examination during state accreditation.
29 To the application for state accreditation, an organization carrying out educational activities shall attach: - a power of attorney or other document confirming the right of the authorized person of the 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 and public accreditation; - inventory of submitted documents.
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Order of the Ministry of Education of the Moscow Region LEGAL BASIS FOR THE FUNCTIONING OF THE DED SYSTEM Constitution of the Russian Federation Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation”
For the purposes of this Federal Law, the following basic concepts apply:
1) education is a single purposeful process of upbringing and training, which is a socially significant benefit and carried out in the interests of the individual, family, society and the state, as well as the totality of acquired knowledge, abilities, skills, values, experience and competence of a certain volume and complexity for the purposes of intellectual, spiritual and moral, creative, physical and (or) professional development of a person, satisfying his educational needs and interests;
2) education - activities aimed at personal development, creating conditions for self-determination and socialization of the student on the basis of sociocultural, spiritual and moral values and 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 master knowledge, abilities, skills and competence, gain operational experience, 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, abilities, skills and competence that characterizes readiness to perform a certain type professional activity;
6) federal state educational standard - a set of mandatory requirements for education at a certain level and (or) for a profession, specialty and area of training, approved by the federal executive body exercising 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 organizations of higher education, defined by this Federal Law or a decree of the President of the Russian Federation;
8) federal state requirements - mandatory requirements for the minimum content, structure of additional pre-professional programs, conditions for their implementation and terms of study for these programs, approved in accordance with this Federal Law by authorized federal executive bodies;
9) educational program - a set of basic 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, academic calendar, work programs of academic subjects, courses, disciplines (modules), other components, as well as assessment and teaching materials;
10) approximate basic educational program - educational and methodological documentation (approximate curriculum, approximate academic calendar schedule, approximate work programs of academic subjects, courses, disciplines (modules), other components), defining the recommended volume and content of education at a certain level and (or) a certain focus, planned results of mastering the educational program, approximate conditions of 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 personal development and the acquisition, in the process of mastering basic general education programs, of knowledge, abilities, skills and the formation of competencies necessary for a person’s life in society, an informed choice of profession and obtaining vocational education;
12) vocational education - a type of education that is aimed at acquiring by students, in the process of mastering basic professional educational programs, knowledge, abilities, skills and the formation of competence of a certain level and volume, allowing them to conduct professional activities in a certain field and (or) perform work in a specific profession or specialties;
13) vocational training - a type of education that is aimed at students acquiring knowledge, skills, abilities and the formation of competence necessary to perform certain labor and official functions (certain types of labor, official activities, professions);
14) additional education - a type of education that is aimed at comprehensively satisfying a person’s educational needs 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 mastering an educational program;
16) a student with disabilities - an individual who has deficiencies in physical and (or) psychological development, confirmed by a psychological, medical and pedagogical commission and preventing them from receiving education without the creation of special conditions;
17) educational activities - activities for the implementation of educational programs;
18) educational organization - a non-profit organization that, on the basis of a license, carries out educational activities as the main type of activity in accordance with the goals for which such an organization was created;
19) organization providing training - a legal entity that, on the basis of a license, along with its main activities, carries out 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 carrying out educational activities are equated to organizations carrying out educational activities, unless otherwise established by this Federal Law;
21) teaching worker - an individual who has a labor or service relationship with an organization carrying out educational activities and performs duties for teaching, educating students and (or) organizing educational activities;
22) curriculum - a document that determines the list, labor intensity, sequence and distribution by periods of study of academic 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 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) focus (profile) of education - the orientation of the educational program towards specific areas of knowledge and (or) types of activity, determining its subject-thematic content, the predominant types of educational activity of the student and the requirements for the results of mastering the educational program;
26) teaching and educational means - devices, equipment, including sports equipment and equipment, instruments (including musical), educational and visual aids, computers, information and telecommunication networks, hardware, software and audiovisual tools, printed and electronic educational and information resources and other material objects necessary for organizing educational activities;
27) inclusive education - ensuring equal access to education for all students, taking into account the diversity of special educational needs and individual capabilities;
28) adapted educational program - an educational program adapted for training persons with disabilities, taking into account the characteristics 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 social relations for the implementation of the right of citizens to education, the purpose of which is for students to master the content of educational programs (educational relations), and social relations that are associated with educational relations and the purpose of which is to create conditions for the implementation of citizens’ rights to education;
31) participants in educational relations - students, parents (legal representatives) of minor students, teaching staff and their representatives, organizations carrying out educational activities;
32) participants in relations in the field of education - participants in educational relations and federal government bodies, bodies state power 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, when carrying out his professional activities, has a personal interest in obtaining material benefits or other advantages and which affects or may affect the proper performance teaching worker professional duties due to a contradiction between his personal interest and the interests of the student, parents (legal representatives) of minor students;
34) supervision and care of children - a set of measures for organizing meals 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 social relations that arise in the field of education due to the exercise 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. Defines legal status participants in relationships within educational activities. Establishes the economic, legal, organizational basis of education in our country, the principles of state policy in the field of education, work rules educational system and implementation of educational activities.
Education is a single, purposeful process of upbringing and training, which is a socially significant benefit and is carried out in the interests of the individual, family, society and the state, as well as the totality of acquired knowledge, abilities, skills, values, experience and competence of a certain volume and complexity for the purpose of intellectual, spiritual, moral, creative, physical and (or) professional development of a person, satisfaction of his educational needs and interests;
The level of education- a completed education cycle, characterized by a certain unified set of requirements;
Qualification- the level of knowledge, abilities, skills and competence that characterizes readiness to perform a certain type of professional activity;
The following levels of general education are established in the Russian Federation:
1) preschool education;
2) primary general education;
3) basic general education;
4) secondary general education.
The following levels of vocational education are established in the Russian Federation:
1) secondary vocational education;
2) higher education - bachelor's degree;
3) higher education - specialty, master's degree;
4) higher education - training of highly qualified personnel.
Additional education includes such subtypes as additional education for children and adults and additional vocational education.
The goals of education are consciously defined, expected results that a given society or country seeks to achieve with the help of the existing education system. This is a specific description of a human development program by means of education, a description of the system of knowledge, abilities, skills and attitudes that a student must master upon graduation.
2. The following models of education are distinguished:
State departmental model.
The traditional model (J. Mageau, D. Ravich) is a model of systematic classical education as a way of transmitting universal elements of the culture of the past to the younger generation.
Rationalistic (P. Bloom, B. Skinner) presupposes such an organization of education that ensures the assimilation of knowledge, skills and practical adaptation of the younger generation to existing society, this is practice-oriented (for example, technological education).
Phenomenological (A. Maslow, K. Rogers) translates the humanistic paradigm of education, takes into account individual psychological characteristics personality, presupposes the personal nature of learning. Rejects the view of school as an educational conveyor belt.
Non-institutional (P. Goodman, L. Bernard) is focused on organizing education outside educational institutions using the Internet and distance learning.
Education is a single purposeful process of upbringing and training, which is a socially significant benefit and carried out in the interests of the individual, family, society and the state, as well as the totality of acquired knowledge, skills, values, experience and competence of a certain volume and complexity for the purposes of intellectual, spiritual - moral, creative, physical and (or) professional development of a person, satisfaction of his educational needs and interests
The learning process is a purposeful, consistently changing interaction between a teacher and a student, during which the tasks of education, upbringing and general development The process of education is the process of formation and development of personality, which includes both targeted influence from the outside and self-education of the individual.
Pedagogical technology– a model thought out in every detail pedagogical activity on design, organization and implementation educational process with unconditional provision of comfortable conditions for students and teachers. Pedagogical technology is a way of implementing the learning content provided for training programs, representing a system of forms, methods and means of teaching, ensuring the most effective achievement of the set educational goals
Scientific – part of pedagogical science that studies and develops the goals, content and methods of teaching and designs pedagogical processes; Processual – description (algorithm) of the process, a set of goals, content, methods and means of achieving the planned learning outcomes; Activity - the implementation of the technological (pedagogical) process, the functioning of all personal, instrumental and methodological pedagogical means. Pedagogical technology - in 3 aspects:
Passive teaching methods A lesson is a form of organizing training with a group of students of the same age, a permanent composition, a lesson on a fixed schedule and with a uniform training program for everyone. Lecture is an oral, systematic and consistent presentation of material on a problem, method, topic Types of lessons Types lectures 1. introductory lesson; 2. a lesson in learning new material; 3. lesson in developing skills and abilities; 4. lesson of generalization and systematization of knowledge; 5. lesson practical application knowledge; 6. lesson of control and correction of knowledge, skills and abilities; 7. combined lesson. Traditional form of organizing lectures: Introductory lecture Lecture-information Review lecture Non-traditional form of organizing lectures: Problem-based lecture Lecture visualization Binary lecture Lecture-conversation Lecture-discussion Lecture-conference Lecture-consultation
Educational organizations
One of the most striking innovations of Law 273-FZ is the abandonment of the usual construction of “educational institution” and its replacement with the term “organization engaged in educational activities.” The authors of the innovations indicate that this formulation is consistent with the civil legislation of the Russian Federation, which understands establishment as one of the organizational and legal forms, a type of non-profit organization (Civil Code of the Russian Federation). However, the 1992 Law itself did not prohibit the creation of educational organizations in forms other than establishment, leaving this issue to civil legislation (Part 1 of Article 11.1), establishing that the legislation of the Russian Federation in the field of education applies to all educational institutions in the territory of the Russian Federation, regardless of their organizational and legal forms.
In defense of the traditional formulation, 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, refers to state or municipal educational institutions).
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Types of educational organizations |
Educational programs, the implementation of which is the main goal of the activity (basis of typification) |
Educational programs for which an educational organization has the right to carry out activities in addition to its main goal |
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preschool educational organization |
educational programs for preschool education, childcare and supervision |
additional general development programs |
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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 |
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professional educational organization |
educational programs of secondary vocational education |
basic general education programs, vocational training programs, additional general education programs, additional professional programs |
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educational organization of higher education |
educational programs of higher education and scientific activities |
basic general education programs, educational programs of secondary vocational education, vocational training programs, additional general education programs, additional professional programs |
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organization additional education |
additional general education programs |
educational programs of preschool education, vocational training programs |
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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 provided (and, like the previous Law, non-standard ones, provided for in Part 5 of Article 77), and the names and charters of educational institutions must be brought into compliance with the new Law no later than January 1, 2016 (Part 5 of Art. 108 of the Law) taking into account the following:
special (correctional) educational institutions for students and pupils with disabilities should be renamed into general educational organizations;
NGOs and secondary vocational education institutions should be renamed professional educational organizations;
Higher professional education institutions should be renamed into educational organizations of higher education;
Institutions of additional education for children should be renamed into organizations of additional education, and educational institutions 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 education 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 carrying out educational activities, and understands as such educational organizations and organizations providing training, and, in addition, individual entrepreneurs carrying out educational activities. In this case, an educational organization can only be a non-profit organization (specially created in the form established for non-profit organizations), carrying out educational activities as the main type of activity on the basis of a license, while an organization providing training can be any legal entity carrying 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 carrying out educational activities, organizations for orphans and children left without parental care, organizations providing treatment, rehabilitation or recreation, organizations , implementing social services, and other legal entities; in this case (Law 273-FZ):
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organizations providing training |
has the right to carry out educational activities according to the following programs: |
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scientific organizations |
master's degree |
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training of scientific and pedagogical personnel |
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residency |
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vocational training |
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additional professional programs |
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organizations providing treatment, rehabilitation or recreation |
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organizations providing social services |
basic and additional general education programs |
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basic vocational training programs |
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Foreign agencies of the Russian Foreign Ministry |
basic and additional general education programs |
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other legal entities |
vocational training |
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preschool education |
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additional educational programs |
To carry out educational activities by the organization providing training, a specialized structural educational unit is created within 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 education programs, and vocational training programs (Part 3 of Article 32).
Both the previous and the new Law provide for the existence of state (that is, created by the Russian Federation or a subject of the Russian Federation), municipal (created by the Moscow Region, and Law 273-FZ specifically clarifies that the founder can only be municipal district or urban district; although the law of October 6, 2003 N 131-FZ “On the general principles of organizing local self-government in the Russian Federation” refers to the municipality of a city or rural settlement, municipal district, city district or intracity territory of a federal city) and private educational organizations (created by individuals or legal entity, or their associations, with the exception of foreign religious organizations - the exception is mentioned only by Law 273-FZ, and the previous Law formally allowed them to act as the founder of an educational institution (clause 3 of part 1 of article 11), but in fact this prohibition was introduced by the last paragraph of part 3 of art. 27 of the Federal Law of September 26, 1997 N 125-FZ “On freedom of conscience and religious associations”).
Both laws being compared provide that in certain cases the establishment of an educational organization can be the exclusive prerogative of the state: according to Law 273-FZ, educational organizations for students with deviant behavior (special educational institutions of open and closed types) are created by the Russian Federation or a subject 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 state security, 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 peculiarities of the implementation of professional educational programs and activities of educational organizations of federal government agencies carrying out training of personnel in the interests of defense and security of the state, ensuring law and order.
1) type of educational organization;
2) the founder of the educational organization;
1. types of educational programs being implemented, 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 enshrined in local acts of the organization; at a minimum, local acts should be adopted (as required by 273-FZ) regulating:
rules for admitting students,
students' study schedule,
forms, frequency and procedure for ongoing monitoring of progress and intermediate certification of students,
procedure and grounds for 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.
At the same time, when adopting local regulations affecting the rights of students and employees of educational organizations, the opinion of student councils and trade unions, and parent councils is taken into account.
When considering the issue of the educational institution’s right to attract additional funds, it is also necessary to point out the following. Both laws being compared allow educational organizations to conduct income-generating activities: the former Law directly authorizes the activities of educational institutions provided for by its charter, insofar as it serves 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, Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations” establishes that a non-profit 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 corresponds to these goals , provided that such activities are specified in its constituent documents. Such activities are recognized as the profit-generating production of goods and services that meet the goals of creating a non-profit organization, as well as the acquisition and sale valuable papers, 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 these activities, who had the right to suspend income-generating activities educational institution, if it comes to the detriment of educational activities provided for by the charter, until a court decision 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.
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