Development of a network form of implementation of educational programs. Modern problems of science and education
Appendix 2
MINISTRY OF EDUCATION AND SCIENCE
RUSSIAN FEDERATION
Strategy
development of the workforce training system
and formation of applied qualifications
V Russian Federation for the period until 2020
Moscow, 2013
SECTION I
General provisions
The strategy for the development of a system for training workers and the formation of applied qualifications for the period until 2020 (hereinafter referred to as the Strategy) determines the main directions public policy in the field of training qualified workers (employees) and mid-level specialists in the Russian Federation for the long term.
The strategy was developed in accordance with the main provisions of the following documents:
Development strategy information society in the Russian Federation (approved by the President of the Russian Federation on February 7, 2008 No. Pr-212);
Development strategy physical culture and sports in the Russian Federation for the period until 2020 (order of the Government of the Russian Federation of August 7, 2009);
Strategy of state youth policy in the Russian Federation for the period until 2016, approved by Order of the Government of the Russian Federation dated January 1, 2001 No. 1760-r;
Concept of the state migration policy of the Russian Federation for the period until 2025 (approved by the President of the Russian Federation);
State program of the Russian Federation “Development of education for years”, approved by order of the Government of the Russian Federation dated 01.01.01;
Event plan (“ road map) "Changes in industries social sphere, aimed at increasing the efficiency of education and science,” approved by order of the Government of the Russian Federation dated January 1, 2001.
2. Problems and challenges
Development and implementation of a workforce training strategy
and the formation of applied qualifications should unfold as
in the context of changes in the global and national labor market, so
and various factors having different scales and characteristics.
At the international level, coordination of efforts to form general principles and approaches to reforming and modernizing vocational education are dealt with by organizations such as the OECD, Sedefop, and the European Forum vocational education, International organization vocational education, European Education Foundation, International Bank reconstruction and development and others,
as well as efforts to form a common space for vocational education are carried out within the framework of the Copenhagen and Turin processes.
The most significant external factors, influencing
on the prospects for the development of the vocational education and training system in the Russian Federation are:
negative demographic trends;
development of corporate personnel training systems.
TO internal factors influencing the state and development of the vocational education system, it is necessary to include:
The formation of an all-Russian system for assessing the quality of education has not been completed, and information openness of the results of the activities of educational organizations based on education monitoring has not been ensured. Weak feedback is a barrier to competition, efficiency and accessibility educational services. There is a threat of fragmentation and uncoordinated actions, unsystematic nature and lack of reliable and up-to-date information
for the formation and promotion of state policy in the field of training workers and mid-level specialists, the lag of a number of regions in the implementation of new organizational and economic mechanisms, new approaches to training and education.
To eliminate these gaps and contradictions, a state policy strategy in the field of training workers and the formation of applied qualifications in the Russian Federation has been developed as a coordinated set of measures at the federal and regional levels.
CHAPTERII
1. Purpose of the Strategy
The goal of the Strategy is to create in the Russian Federation modern system training of workers and formation of applied qualifications (hereinafter referred to as the System), capable of:
provide training for qualified workers (employees)
and mid-level specialists in accordance with the needs of the economy
and society;
respond flexibly to socio-economic changes;
provide ample opportunities for various categories of the population to acquire necessary professional qualifications
throughout the entire working life.
2. Main objectives of the Strategy
To achieve the goal of the Strategy, it is planned to solve a set of main tasks:
1. Ensuring that graduates’ qualifications meet the requirements of the economy.
2. Consolidation of resources of business, government and educational organizations in the development of the System.
3. Creation and provision of ample opportunities for various categories of the population to acquire the necessary applied qualifications throughout their working life.
4. Creating conditions for successful socialization and effective self-realization of students.
3. Basic principles
The implementation of this Strategy is based on the following principles:
development of regulatory regulation in the field of education
and international agreements in the field of vocational education
and training signed by the Russian Federation;
the leading role of public-private partnerships in the training of qualified personnel;
strengthening the role of public management institutions in the development of the field of training qualified personnel;
continuity of the system of training qualified personnel, the possibility of obtaining necessary knowledge, skills, competencies
and qualifications throughout the entire period of employment;
consistency with government policy measures in the fields of economics, industry, labor and social protection;
information openness of the vocational education system;
internationalization of vocational education;
use of program-target and design methods.
4. Main activities of the Strategy
To solve a set of problems, the following measures are expected to be implemented.
3.1 To ensure that graduates’ qualifications meet the requirements of the economy the following activities will be implemented:
3.1.1. Development of mechanisms for assessing the quality of education;
3.1.2. Formation of mechanisms for flexible planning of personnel training in accordance with the changing needs of the labor market
in the quantity and quality of the workforce;
3.1.3. Development of the structure, content and technologies of vocational education and training, taking into account the forecast of the labor market and socio-economic development;
3.1.4. Development of educational, methodological, material and technical base for training personnel with applied qualifications;
3.1.5. Creation of conditions for providing the System with qualified teaching staff.
training in effective behavior in the labor market;
skills formation teamwork, including through the development of student associations and project-based forms of educational work.
In order to increase motivation to work in applied professions in demand in the labor market, promote innovation standards, formats and values of professionalism and entrepreneurship
The following activities will be supported in youth classrooms:
development of the Olympiad movement (system of competitions) in the field of professional skills, including based on the World Skills format;
development of scientific and technical creativity of children and youth;
national championships of entrepreneurial ideas.
Conditions will be created for educating young people and increasing their motivation for physical improvement and maintenance healthy image life through active inclusion in educational process educational, physical education and recreational activities.
Conditions will be created for military-patriotic education of pre-conscription students, including through:
supporting interaction with military-patriotic associations, participation of students in cultural events dedicated to memorable historical dates;
creation of pre-conscription training centers for students on the basis of professional educational organizations;
facilitating the establishment of contractual relations between professional educational organizations and employer organizations with military units;
developing unified approaches to obtaining in-demand professional and social skills and competencies when graduates of professional educational organizations undergo military service (including through the creation of military units training centers vocational training for military personnel undergoing conscription service).
CHAPTERIX
Implementation of the Strategy
Management of the implementation of the Strategy is carried out by the Ministry of Education and Science of the Russian Federation in cooperation
with federal and regional authorities executive power, public and professional organizations.
The overall coordination of the implementation of the Strategy is carried out by the Interdepartmental Council for Secondary Vocational Education of the Ministry of Education and Science of Russia, which will include representatives of interested federal bodies executive power, public associations of employers, trade unions, interregional councils for vocational education, expert organizations, student associations.
State policy in the field of workforce training
and the formation of applied qualifications is implemented on the basis of a program-targeted approach within the framework State program Russian Federation “Development of Education for the Years”, other federal target, departmental, regional programs.
The implementation of this Strategy is carried out by the authorities state power in accordance with the powers in the established field of activity. Public authorities determine officials who are personally responsible for the implementation of the activities of this Strategy, as well as for reporting
about achieving target indicators, problems and risks, measures taken to overcome them.
Federal executive authorities that are in charge of educational organizations implementing programs of secondary vocational education, vocational training and practice-oriented bachelor's degree, develop (modernize), taking into account the provisions of this Strategy, sectoral training programs
and retraining of personnel.
State authorities of the constituent entities of the Russian Federation, exercising the powers of the Russian Federation in the field of education, develop regional programs for the development of vocational education taking into account the provisions of this Strategy and approve these programs by order of the government of the constituent entity of the Russian Federation
or by a decision of the legislative authority of a constituent entity of the Russian Federation.
Educational organizations implementing programs of secondary vocational education, vocational training and practice-oriented bachelor's degrees develop development programs taking into account the provisions of this Strategy, as well as taking into account other strategic documents, approved by the founder.
Financing of measures to implement this Strategy is carried out within the limits of funds allocated from the budgets of the budgetary system of the Russian Federation and other sources.
The main forms of coordination of efforts to implement the Strategy will be public institutions management: tips
on vocational education under executive authorities, industry councils and funds, industry public associations employers, professional educational organizations, heads of professional educational organizations, supervisory and trustee boards of professional educational organizations.
The central organizational and economic mechanism designed to ensure the “tuning” of the vocational education system
Public-private partnerships are being considered to address the needs of the socio-economic development of the constituent entities of the Russian Federation, the development of sectors of the economy and the social sphere, and thereby contribute to solving the main personnel problems that impede the development of priority sectors of regional economies and the economy of the country as a whole.
To achieve the goals and solve the objectives of this Strategy, the following work mechanisms are used:
improving legislation in the areas of public-private partnerships, secondary vocational education and vocational training, etc.;
support for specialized scientific and scientific-methodological research and development;
development of interregional and international cooperation;
conducting training, retraining and advanced training for management and teaching staff;
extensive and systematic media coverage
and the Internet positive experience;
creation of a permanent information resource(Internet portal) dedicated to the issues of training workers and the formation of applied qualifications;
organizing and conducting public campaigns, exhibitions, discussion clubs, forums and conferences on current issues of secondary vocational education and vocational training,
as well as internships, exchanges, meetings.
The implementation of the Strategy is envisaged in 3 stages: Stage I- 2014 – 2015, Stage II– 2016 – 2018, III stage – years.
To implement this Strategy, a corresponding Set of measures is formed for each stage (the set of measures for the first stage is given
in Appendix 1).
The formation of a set of measures aimed at implementing the Strategy stage is carried out in the current year for the next, including
at the request of regional executive authorities in the field of education, representatives of public and professional organizations.
Grounds for acceptance management decisions As part of the implementation of the Strategy, the results of annual monitoring will be:
monitoring of education (in terms of assessing the activities of organizations implementing secondary vocational education programs, vocational training and practice-oriented bachelor's degree);
monitoring the implementation of a set of measures to implement this Strategy.
1. In accordance with part 1 of article 13 Federal Law dated December 29, 2012 No. 273-FZ “On Education in the Russian Federation” (hereinafter referred to as the Federal Law “On Education in the Russian Federation”) educational programs are implemented by the organization implementing educational activities, both independently and through network forms of their implementation. Article 15 of the federal law under comment is devoted to this form of implementation of educational programs, which contains the basic principles of organizing a network form of implementation of educational programs. The commented article provides for a network form of implementation of any type of educational programs.
In accordance with Part 1 of the commented article of the Federal Law “On Education in the Russian Federation”, the legislator has identified two types of organizing a network form for the implementation of educational programs (hereinafter referred to as the network form):
1) implementation of the program by only one organization carrying out educational activities, using the resources of other organizations, including foreign ones. In accordance with subparagraphs 18–20 of Article 2 of the Federal Law “On Education in the Russian Federation”, organizations carrying out educational activities include educational organizations, as well as organizations providing training (see for more details the commentary to Article 31 of the Federal Law “On Education in the Russian Federation”). Federation"). Thus, the first type of network form can be implemented by organizations that carry out educational activities and have a license to carry out such activities. It is such an organization that conducts educational activities within the network form. In the situation under consideration, the educational program is developed and approved directly by the organization carrying out educational activities, which implements its educational program using the resources of other organizations. Other organizations may not have a license to carry out educational activities, since they are used by an organization carrying out educational activities, provide some of the resources necessary for organizing such educational activities, and are not directly engaged in educational activities. Such organizations may include scientific organizations, medical organizations, cultural organizations, physical culture, sports and other organizations that have the resources necessary to carry out training, conduct educational and practical training and carry out other types of educational activities provided for by the relevant educational program. In this case, it is necessary to note the imperfection legal technology The Federal Law “On Education in the Russian Federation”, which does not allow in some cases to distinguish between an agreement for a network form of implementation of educational programs and a regular civil law agreement. In practice, for example, this leads to a reasonable question: if an organization only provides premises or equipment for conducting classes, is this a network form of implementing educational programs? From the point of view of the above, this is a network-form agreement involving resources third party organization, since such an organization is not directly involved in educational activities. On the other hand, from the point of view of civil legislation, these are rental or similar relations, which means that the norms of the commented article of the Federal Law “On Education in the Russian Federation” are not applicable. The conflict of laws from this perspective is further enhanced by the norm of paragraph 6 of part 1 of Article 17.1 of the Federal Law of July 26, 2006 No. 135-FZ “On the Protection of Competition”, the conclusion of lease agreements and other agreements providing for the transfer of rights of ownership and (or) use in relation to state or municipal property that is not secured by the right of economic management or operational management can only be exercised based on the results of competitions or auctions for the right to conclude these agreements, with the exception of the provision of these rights to such property to organizations engaged in educational activities. It seems necessary to make changes to the Federal Law “On Education in the Russian Federation” that will make it possible to clearly distinguish between an agreement on a network form for the implementation of educational programs and a regular civil law agreement;
2) implementation educational program jointly by several organizations engaged in educational activities. In such a situation, the educational program is developed and approved by these organizations jointly. At the same time, each of the organizations carrying out educational activities independently implements the part of the educational program determined by the agreement on the network form. In this case, the requirement to have a license to conduct educational activities is imposed on any organization that is entrusted with even partial implementation of the educational program.
The commented article also provides for the implementation using a network form of additional professional programs. According to the Letter of the Ministry of Education and Science of Russia dated April 21, 2015 No. VK-1013/06 “On the direction methodological recommendations for the implementation of additional professional programs”, a network form of implementation of additional professional programs is an organizational solution that ensures the use of resources simultaneously from several educational and other organizations in the implementation of the process of additional professional education for the purpose of professional development and personal improvement of teaching and management employees of the education system. The letter from the Ministry of Education and Science also emphasizes that when implementing additional professional programs in a network form, the resources of foreign organizations can be used, subject to the conclusion of an appropriate agreement between the foreign organization and Russian organization, carrying out educational activities in accordance with the Federal Law “On Education in the Russian Federation”.
2. In accordance with Part 2 of the commented article, the use of the network form is carried out on the basis of an agreement concluded between the organizations specified in Part 1 of the commented article. The agreement on joint activities of educational and other organizations is legal basis network form of implementation of educational programs. The subject of such an agreement is the cooperation of the parties in the process of implementing educational programs.
Turning to theory civil law, we note that the agreement on the network form refers to unnamed agreements. In support of our position, we cite paragraph 2 of Article 421 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), according to which the parties can enter into an agreement either provided for or not provided for by law or other legal acts. To an agreement not provided for by law or other legal acts, in the absence of the signs specified in paragraph 3 of Article 421 of the Civil Code of the Russian Federation, the rules on certain types contracts provided for by law or other legal acts are not applied, which does not exclude the possibility of applying the rules on the analogy of the law (clause 1 of Article 6 of the Civil Code of the Russian Federation) to individual relations of the parties under the contract.
The economic content of the network interaction of organizations participating in the process of implementing educational programs is the provision of services (provision of resources) by organizations that have the necessary equipment for the implementation of educational activities to the implementing organization that has entered into an education agreement with the customer. Agreements on the basis of which interaction is carried out between organizations jointly implementing educational programs in a network form when providing paid educational services, in practice economic activity are contracts for the provision of services for a fee.
As already noted, organizations carrying out educational activities and implementing educational programs jointly through a network form also jointly develop and approve such educational programs.
3. In accordance with Part 3 of the commented article, the agreement on the network form of implementation of educational programs must contain an indication of:
1) type, level and (or) focus of the educational program (part of an educational program of a certain level, type and focus), implemented using a network form. In accordance with Part 2 of Article 12 of the Federal Law “On Education in the Russian Federation”, basic educational programs are being implemented in the Russian Federation at the levels of general and vocational education and vocational training, according to additional education– additional educational programs. Moreover, according to paragraph 4 of Article 2 of the Federal Law “On Education in the Russian Federation”, the level of education is a completed cycle of education, characterized by a certain unified set of requirements. In accordance with paragraph 25 of Article 2 of the Federal Law “On Education in the Russian Federation”, the focus (profile) of education is the orientation of the educational program towards specific areas of knowledge and (or) types of activity, determining its subject-thematic content, the prevailing types of educational activities of the student and requirements for the results of mastering the educational program;
2) the status of students (for more details see the commentary to Chapter 4 of the Federal Law “On Education in the Russian Federation”) in the organizations specified in Part 1 of the commented article, the rules for admission to training in an educational program implemented using an online form, the organization procedure academic mobility students (for students in basic professional educational programs) mastering an educational program implemented using a network form. Local regulations Article 30 of the Federal Law “On Education in the Russian Federation” is devoted to containing norms regulating educational relations;
3) the conditions and procedure for carrying out educational activities under an educational program implemented through a network form, including the distribution of responsibilities between the organizations specified in part 1 of the commented article, the procedure for implementing the educational program, the nature and volume of resources used by each organization implementing educational programs through network form. One of the frequently asked questions in this area is: if students of organizations participating in network interaction are trained at the expense of the budget, then how in this case is the funding standard divided between these organizations? It seems that the answer to the question depends on the distribution of responsibilities between the organizations specified in part 1 of the commented article, as well as the amount of resources used in accordance with the agreement on the network form. Thus, the above issue must be resolved by an agreement on network interaction, according to which part of the standard of one organization carrying out educational activities is transferred to another organization carrying out educational activities as payment under the agreement;
Topic 9 (part 2). Forms and types of training, levels of education in the Federal Law “On Education in the Russian Federation”
Topic No. 9.
Forms and types of training, levels of education in the Federal Law “On Education in the Russian Federation”
Lecturer: Researcher
department of social legislation
Institute of Legislation and Comparative Law
under the Government of the Russian Federation
Tsomartova Fatima Valerievna
Part 2: Forms of obtaining education, forms of training and forms of implementation of educational programs in the federal law of December 29, 2012 No. 273-FZ “On education in the Russian Federation”.
1. The concept and relationship between forms of education, forms of training and forms of implementation of educational programs.
2. The right to choose forms of education and forms of training as an element of the principle of freedom in education.
3. Legal regulation network, electronic and distance educational technologies.
1. The concept and relationship between forms of education, forms of training and forms of implementation of educational programs
A common problem of the current educational legislation is the underdevelopment and inconsistency of the conceptual apparatus used. For example, the legislator uses the terms “form of education” and “form of training” unclearly and inconsistently.
In addition, the types of educational programs implemented are strictly assigned to each type of educational organization by the Law of the Russian Federationdated July 10, 1992 No. 3266-1 “On Education” has currently become an obstacle to the development of modern forms of organizing educational activities, including the use of distance technologies.
The legislation did not provide for the possibility of implementing an educational program jointly by several educational organizations of various types, educational and scientific organizations with the participation of industrial enterprises, which hindered the creation of multifunctional educational, scientific, educational and sociocultural centers, comprehensive training centers for professional qualifications, and the development of social partnership in the field of education.
New legal regulation is designed to solve these and other problemsFederal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” (hereinafter referred to as the Law), which clarified and expanded the conceptual apparatus in the field of forms of education, establishing institutions unknown to previous educational legislation, including those that legalized distance and e-learning .
Form of education – this is a category that reflects the way of organizing human activities to master knowledge, abilities, skills and competence, gain operational experience, develop abilities, gain experience in applying knowledge in everyday life and create motivation for students to receive education throughout their lives. The variety of forms of education makes it possible for an individual to master educational programs based on his educational needs, regardless of age, financial situation, health, employment and other circumstances, which the Law establishes as a fundamental principle of state policy and legal influence on public relations in the field of education (clause 7, part 1, article 3) freedom of choice to receive education according to a person’s inclinations and needs, creation of conditions for the self-realization of each person, free development of his abilities, including the right to choose forms of education, forms of training, organizations carrying out educational activities, directions of education within the limits provided by the education system, as well as providing teaching staff with freedom in choosing forms of education, methods of teaching and education.
This principle is specified in the norms establishing legal statuses parents (legal representatives) and students, integral elements of which proclaim the parent’s right to choose until the child completes the basic education general education taking into account the child’s opinion and the recommendations of the psychological-medical-pedagogical commission (if any), the form of education and the form of training (clause 1, part 3, article 44 of the Law) and the student’s right to choose an organization carrying out educational activities, the form of education and forms of education after receiving basic general education or after reaching adulthood (clause 1, part 1, article 34 of the Law).
The legislator identifies forms of education, forms of training and forms of implementation of educational programs.
Forms of education include:
1) obtaining education in organizations engaged in educational activities;
2) obtaining education outside of organizations engaged in educational activities.
Within the latter form, the Law distinguishes two subforms of education:
a) family education;
b) self-education.
It should be noted that, based on the legal definition enshrined in paragraph 20 of Art. 2 of the Law, organizations carrying out educational activities include not only educational organizations, but also organizations carrying out educational activities as additional to the main type of activity (the so-called organizations providing training). In addition, individual entrepreneurs carrying out educational activities are treated as organizations carrying out educational activities.
The law excluded external studies from forms of education and considers it as a tool that will provide persons who received education outside educational organizations with the opportunity to undergo intermediate and final certification in qualified state accreditation educational organizations, as well as obtain a document on education. Persons who are mastering a basic educational program in the form of self-education or family education, or who have studied in an educational program that does not have state accreditation, have the right to undergo a free external intermediate and state final certification in an organization that carries out educational activities in the corresponding educational program that has state accreditation. These persons who do not have basic general or secondary general education have the right to undergo external intermediate and state final certification in an organization that carries out educational activities according to the corresponding state accredited basic general education program. When passing certification, external students enjoy the academic rights of students in the relevant educational program.
Full-time, part-time and part-time and correspondence forms, used taking into account the needs and capabilities of the individual, depending on the volume of mandatory activities of the teacher with students.
The law allows a combination various forms obtaining education and forms of training.
2. The right to choose forms of education and forms of training as an element of the principle of freedom in education
Forms of education and forms of training for the main educational program are determined by federal state educational standards and educational standards, and forms of training for additional educational programs and basic vocational training programs- independently by the organization carrying out educational activities. Exceptions from the first case can only be established by Federal Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation”; from the second - by any law of the Russian Federation.
Family education– this is education received in the family, when training is usually carried out by parents (guardians), less often- hired tutors.
In the form of self-education, according to the Law, secondary general education can be obtained, professional education. Moreover, this is the only possible form obtaining education for persons suspected and accused in custody. For minors, the administration of places of detention provides conditions for receiving primary general, basic general and secondary general education in the form self-education.
Education in the form of family education and self-education is carried out with the right to subsequently undergo intermediate and state final certification in organizations engaged in educational activities.
Family education and self-education, due to their specificity, are not the main directions of development of the domestic educational system.At the same time, in the context of the transition from the educational paradigm of an industrial society to the educational paradigm of a post-industrial society, the goals of training and education, its motives, norms, forms and methods, the role of the teacher, etc. inevitably change. Family education and self-education in post-industrial society allows us to provide qualitatively new opportunities for the socialization of the individual, conditioned by receiving an individualized, free education that ensures a person’s self-realization. In addition, in the context of the exponential growth of the media and the spread of the Internet, family education and self-education may be preferable to other forms of education, which made it possible to predict its development.It is also necessary to take into account not only the quantitative, but also the qualitative characteristics of the category of citizens who choose these forms of education: “the vast majority of them are residents ... who have a fairly high educational and cultural level, are distinguished by an active life position and in some situations are able to act as leaders opinions in certain groups.”
Until 2005, family education was regulated at the federal level by the Model Regulations on Education in the Family, approved. by order of the Ministry of Education of Russia dated June 27, 1994 No. 225, however, due to the adoption of the order of the Ministry of Education of Russia from February 7, 2005, this act is not valid, and the specific procedure for exercising the right to choose a family form of education is determined at the regional and municipal levels.
An analysis of existing regional and municipal acts in this area showed that the following practice of regulating family education is typical. Relations between a general education institution and parents (persons replacing them) regarding the organization of family education are formalized by an agreement. For homeschooling parents (persons replacing them) are given the right to hire a teacher independently, seek help in general educational institution, teach yourself. The educational institution accepts children who wish to receive education in the family, general principles at the request of parents (persons replacing them) indicating the choice of a family form of education. A general education institution, on the basis of an agreement, can provide students with free educational literature for the duration of their studies, provide methodological and advisory assistance, and carry out intermediate and final certification. A general education institution is given the right to terminate the contract if the student fails to master general education programs.
Due to the lack of full-fledged legal regulation of family education at the federal level, foreign experience in regulating relevant relations is of interest.
In most developed countries, family education is considered as an alternative to private and public schools. In addition, this form of training better meets the educational needs of families: a) living in remote rural areas; b) temporary residents abroad.
Comparative legal analysis of educational legislation foreign countries allowed us to identify the following acceptable for perception effective mechanisms regulation of relations in the field of family education.
1. Establishing the grounds for choosing a family form of education. The right of parents to choose a family form of education for their children is, as a rule, limited by the need to justify such a choice. Thus, in the UK, the following approximate list of reasons why parents may choose a home form of education has been established: distance or inaccessibility local school; religious or cultural beliefs; philosophical or ideological views; dissatisfaction with the educational system; bullying ( bullying of a child by a group of classmates); the child's unwillingness or inability to attend school; special educational needs of the child;parents' desire to have closer relationships with their children, etc.
2. Mandatory registration of children studying in families and control over the quality of education received in families. An important element systems of legal regulation of family education are institutions of public accounting and control that have proven themselves to be effective and are widely implemented even in countries with the most liberal attitude of the state towards family education.
French legislation requires two types of public control over home education. First- competent examination- carried out by the mayor's office, starting from the first year and every two years thereafter, in order to: a) establish the reasons for home schooling, which are stated by the persons responsible for the child; b) establish the compliance of the education provided to children with their health status; c) checking living conditions in the family. The second type of control is carried out by an academy inspector with a minimum frequency of at least once a year, starting from the third month after the application for education in the family in order to verify the compliance of the home education with the child’s right to education. Contents of the child’s right education is determined by Art.L.122-1 of the French Education Code, according to which the child’s right to education aims to guarantee him, on the one hand, the acquisition of basic knowledge, elements of general culture and optional professional and technical training, on the other hand, an education that allows him to develop his personality , increase the level of initial and continuous training, get involved in public and professional life and show your citizenship. Such control is carried out directly at home at the child’s parents. If the control results are determined to be insufficient, parents are obliged to send their child to a public or private educational institution.
In order to exercise the right to provide home education in the UK, parents do not need to go through any registration or licensing procedures with their local authority. Amendments to the Education Act 1996 by the Education and Inspections Act 2006 require local authorities to identify and record all children school age living in the relevant territory and not receiving education, however, according to special explanations of this norm by the Ministry of Education, children receiving education at home are not subject to such registration. Local authorities do not have the power to regularly monitor the quality of home education. Nevertheless, according to Part 1 of Art. 437 of the Education Act, local authorities are required to intervene if parents are not providing adequate education. If there are any doubts about the quality of the child's education, local authorities will send parents a written notice requiring them to confirm within a specified period that the child is receiving an appropriate education. The notification may be preceded by an informal stage of proceedings during which the local authority obtains more information about the child's education. At this stage the local authority may make a special request to the parents. Such a request is not subject to the notice rules above and is not a necessary precursor to formal proceedings. Parents are not required to respond, but case law suggests that it would be reasonable for them to do so.
In the United States, parents are usually required to report their children's progress to the department once or twice a year. school education districts. Public authorities have virtually no control over the content of educational programs, the organization of the learning process, or the choice of teaching aids. The state takes control of training only when it fails to ensure compliance with key national interests countries (such as education of patriotism, etc.).
3. Parent qualification standards. Foreign legislation establishes fairly liberal standards for the qualifications of parents teaching children in the family, including in terms of the presence or absence of an educational qualification.
In the UK, parents have the right to use private tutors and others to educate their children. The involvement of others does not relieve parents of responsibility for the education of their children. The practice of some local authorities, which, in order to ensure the welfare and protection of children, carry out criminal record checks of private tutors hired by parents to teach their children at home, is commended. By virtue of New York State Education Law § 3204, instruction may only be provided by a qualified teacher. However, the parents do not need to be certified (55 A.D. 2d 424, 427; 390 N.Y.S. 2d 940 (1977) because they are found to be competent within the meaning of the above standard.
4. Requirements for compliance with established educational programs, standards, etc. Since it is important to ensure freedom in learning, an individual, creative approach to family education as the inherent qualities of this form of education, such requirements are, for the most part, the most general.
In Norway, home education should be comparable to education in public schools. Freedom in choosing teaching methods is normatively established, but the goals of education are legally defined for both school and home education (§ 1-1 of the Law “On Education”): Christian and moral education of students, development of skills and abilities, both spiritual and and physical sufficient general knowledge, for that, to become useful and independent individuals at home and in the community.
According to the Basic Law on Education No. 628 of 1998 (as amended by 1136/2010) (Lag om grundläggande utbildning 21.8.1998/62) In Finland, parents have the right to use their own curriculum, subject to national guidelines curriculum.
In New York State, mandatory subjects are established for family education (N.Y. Educ. Law §§ 801, 804, 806, 808, 3204).
5. Financial and other material participation of the state in providing education received in the family form. One of the main trends in the development of regulation of family education in developed foreign countries is the consolidation of legal mechanisms for the financial and other participation of the state and local government in providing family education.
So, despite the fact that parents in the UK have full financial responsibility for the family education of their children, including the cost of any public exams, sometimes a combination of parental home education and local government activities can best meet the educational needs of a child. In such cases, local authorities, for example, may consider providing parents and their child with access to additional resources, etc. Local authorities do not receive specific funding for home education, so the type and amount of support for parents and children varies depending on the capabilities of the counties . The only regulatory requirement is the requirement to provide information to parents involved in home education. Additionally, such types of support are used as: providing access to a reading room or library subscription, the collections of which contain materials necessary for home schooling; the possibility of free or discounted access to local sports facilities, etc.; provision of materials from the National Curriculum and other educational programs; providing assistance in finding examination centers willing to accept external candidates.
Currently on the agenda of the UK Department of Education is the issue of wider participation of local authorities in the financing of home education, in particular to cover the costs of passing final exams, college preparation, etc. Therefore, work is underway to clarify existing funding mechanisms. For example, local authorities may provide financial support for a home-schooled child with special educational needs.
6. Sanctions for violation of educational legislation on family education. Performance legal duties in the field of family education is ensured by established sanctions for violation of the relevant provisions of educational legislation (from a fine to forced transfer to study in public or private schools, deprivation of parental rights).
French legislation establishes criminal liability for violation of parental responsibilities. By virtue of Art. 227-17-1. According to the French Penal Code, “the fact that the child’s parents or any person having parental responsibility or permanent actual responsibility for him did not enroll him in an educational institution without good reasons", despite the demands of the academy inspector, carries a penalty of six months' imprisonment and a fine of 50,000 francs."
According to the UK Education Law (Part 3, Article 437), home education can be forcibly replaced by school education if two conditions are simultaneously met: a) the parents to whom the notification was sent cannot confirm within the prescribed period that the child receives proper education; b) local authorities consider it appropriate for the child to attend school. In this case, local authorities send parents a special requirement, referred to in the law as a school attendance order, which requires the child to be sent to study at the school specified in the requirement. Requiring school attendance is perceived as a last resort, taken only after all reasonable efforts have been made to resolve the situation.
When considering parents' provision of the right to education for their children through home education, local authorities examine the following components: consistent involvement of parents or other educators (parents or other educators are expected to play a significant role in children's education, although not necessarily in the form of continuous and active participation recognition of the child's needs, views and aspirations access to resources necessary for home education (paper, pens, libraries, books, etc.) opportunity to interact with other children and adults.
3. Legal regulation of network, electronic and distance educational technologies
A significant update of the Law occurred due to the body of norms on forms of implementation of educational programs. The forms of implementation of educational programs include: network form, e-learning and learning using distance educational technologies.
Recently, the practice of providing educational services to a student (group of students) by more than one educational institution has become increasingly widespread.
The development of network interaction in the education system is due to several reasons.
1. Educational institutions are interested in networking due to the emerging opportunity to increase the total amount of resources of interacting educational institutions. There are often cases when schools share common library collections, sports grounds, and jointly implement additional education programs. In the context of network restructuring educational institutions network interaction is also seen as a chance to preserve the existing structure of this network by meaningfully changing the activities of schools and the mechanisms for their resource provision.
2. The variety of educational requests from consumers of educational services is growing. The line between formal and non-formal education: continuing education programs and elective courses are becoming no less important than traditional academic subjects. However, one general education institution is not always able to provide the range of educational services necessary for choice. Therefore, consumers of educational services are also interested in expanding the market of institutions and organizations that provide them.
3. Development of information technologies and distance education It is also a stimulus for network interaction between educational institutions and organizations. Correspondence, part-time and distance education schools are ready to provide educational services. Their network interaction with educational institutions is another additional opportunity implementation of educational programs.
4. Professional education in high school can also be considered as a challenge to the traditional education system, requiring the deployment of network interaction practices. It is obvious, especially for rural schools, that one educational institution is not able to provide any necessary set of profiles for students to master. This naturally pushes schools towards network cooperation, within which several schools can provide the necessary set of educational services.
From the point of view of the issues of legal registration of the organization of network interaction of educational organizations, the currently existing network interactions were legalized through a) an agreement (lease, gratuitous use, contract and subcontract, assignment, agency agreement, etc.); b) establishment by network participants of a new legal entity in one form or another.
The contractual form of network co-organization is more dynamic both in composition and in the content of network relationships. It was she who was elected by the legislator to streamline relations between organizations implementing educational programs using the network form.
Agreement on network implementation of educational programs provides the opportunity for students to master the educational program using the resources of several organizations carrying out educational activities, as well as, if necessary, using the resources of other organizations.
Parties to the agreement may be organizations engaged in educational activities, including foreign ones; scientific organizations, medical organizations, cultural organizations, physical education, sports and other organizations that have the resources necessary to carry out training, conduct educational and industrial practice and carry out other types of educational activities provided for by the relevant educational program.
The essential terms of the agreement on the network form of implementation of educational programs are the following:
- type, level and (or) focus of the educational program (part of an educational program of a certain level, type and focus), implemented using a network form;
- status of students in organizations, rules for admission to study in an educational program implemented using an online form, the procedure for organizing academic mobility of students (for students in basic professional educational programs) mastering an educational program implemented using an online form;
- conditions and procedure for carrying out educational activities under an educational program implemented through a network form, including the distribution of responsibilities between organizations, the procedure for implementing an educational program, the nature and amount of resources used by each organization implementing educational programs through a network form;
- issued document or documents on education and (or) qualifications, document or documents on training, as well as organizations carrying out educational activities that issue these documents;
- the duration of the contract, the procedure for its amendment and termination.
Educational programs implemented online,are jointly developed and approved by organizations engaged in educational activities.
Article 16 of the Law provides legal definitions of the terms “e-learning” and “distance educational technologies”.
Under e-learningis understood as the organization of educational activities using information contained in databases and used in the implementation of educational programs and information technologies that ensure its processing, technical means, as well as information and telecommunication networks that ensure the transmission of this information over communication lines, the interaction of students and teaching staff.
Distance educational technologies are understood as educational technologies implemented mainly using information and telecommunication networks with indirect (at a distance) interaction between students and teaching staff.
Organizations carrying out educational activities are given the right to use e-learning and distance learning technologies in the implementation of educational programs. The procedure for using e-learning, distance learning technologies andthe list of professions, specialties and areas of training, the implementation of educational programs for which is not allowed using exclusively e-learning and distance learning technologies, will be determined at the by-law level by acts of the Russian Ministry of Education and Science.
Elena Belaly
Network form of implementation of the main educational program preschool education
Introducing a child - preschooler to the world of social reality - one of the complex and important issues. IN modern concepts and regulatory documents social development is considered as one of the most important areas of personal development in general. Modern preschool educational organization(hereinafter referred to as the Organization) should become the center of social action in which daily collaboration children and adults and acquire great importance as a subject of social partnership and become a center of constructive, creative initiatives designed to develop the spiritual and intellectual potential of all participants in the pedagogical process.
For this preschool educational organizations need implement innovation of the Federal Law of December 29, 2012 No. 273-FZ "About education In Russian federation"(hereinafter referred to as Law No. 273-FZ, which is the use of .
« Network form of implementation of educational programs provides the opportunity for students to master educational program using the resources of several organizations carrying out educational activities, including foreign ones, and also, if necessary, using the resources of other organizations" (Art. 15, clause 1. Law No. 273-FZ).
Implementation (Further - Program) involves achieving a new level of interaction educational organizations with society, going beyond territorial limitations, creating "open system".
Open preschool educational organization is, first of all, "window to the world", expanding and strengthening relationships with life.
The subject of interaction is the child, his interests, development, individual characteristics Therefore, cooperation must be built taking into account the number of children, the requests of parents and the public. Every pedagogical influence exerted on a child must be competent, professional, and safe.
Tasks:
1. Create conditions for the development of human resources of teaching staff in issues.
2. Ensure accessibility information educational relations.
3. Increase the competitiveness of the Organization in the market educational services.
Expected results:
1. Conditions have been created for the development of human resources of teaching staff in matters network interaction during the implementation of the Program.
2. Accessibility ensured information By this direction activities for participants educational relations.
3. Increased competitiveness of preschool educational institutions in the market educational services.
When implementing the main educational program of preschool education through a network form, it is advisable to be guided by the following principles:
Humanism – is based on increasing attention to the child’s personality as the highest value of society, setting formation active citizenship, with full intellectual, moral and physical qualities, creation favorable conditions to develop his creative individuality;
Personally oriented - aimed at implementation individual qualities and abilities of all participants in the system “child-teacher-family-society”;
cultural conformity - understanding the world, of which the child himself is a part. In this world, the idea of a small homeland prevails - the organization of children’s life activities in the space of a multinational culture with an emphasis on its regional component;
Integration and coordination - reflects the ways of interconnected activities of all subjects of social partnership and their coordinated work;
Dialogue - aimed at optimizing the interaction of subjects of social partnership;
An active organization – aimed at uniting everyone forms social cooperation in the creation of a unified educational system.
Network form of implementation of the main educational program of preschool education as one of the directions for introducing the Federal State Educational Standard preschool education.
Organization network form of implementation of the Program is based on legal and regulatory database:
Federal Law of the Russian Federation of December 29, 2012 No. 273-FZ "About education In Russian federation";
“Sanitary and epidemiological requirements for the design, content and organization of the operating mode preschool educational organizations» (SanPiN 2.4.1.3049-13 dated May 15, 2013 No. 26);
Federal State educational standard of preschool education(Order of the Ministry education and science of the Russian Federation dated October 17, 2013 No. 1155) with comments dated February 28, 2014 No. 08-249;
The procedure for organizing and implementing educational activities for basic general education programs - educational programs for preschool education (Order of the Ministry education and science of the Russian Federation dated August 30, 2013 No. 1014);
Action plan to ensure introduction and implementation of the Federal State Educational Standard for preschool education in educational organizations of the Kostroma region implementing educational programs for preschool education;
Articles of association;
Regulations on the organization of scientific and methodological work.
When organizing network interactions, the following must be taken into account principles:
Voluntariness;
Equality of the parties;
Respect for each other's interests;
Compliance with laws and other regulations.
IN implementation of educational programs using a network form along with organizations that carry out educational activities, scientific organizations, medical organizations, cultural organizations, physical education, sports and other organizations that have the resources necessary for implementation of the Program.
It should be noted that, according to Part 2 of Art. 15 of Law No. 273-FZ, “use network form of implementation of educational programs» carried out on basis agreements between organizations.
On basis contracts, plans for interaction with each of the participants are developed, agreed upon and approved network form, as well as a joint plan that includes all participants - social partners.
Interaction with social partners is variable in nature and is built in stages. Each stage has its own goals and solves specific tasks:
The first stage is preparatory.
Target: creating conditions for organization networking for the implementation of the Program.
Tasks:
Conduct an analysis of specific conditions for introducing innovations;
Conduct an analysis of the sociocultural environment and identify participating partners network form of implementation of the basic educational program of preschool education;
Conclude agreements with participating organizations;
Develop joint plans for interaction;
Develop criteria for effective use network form of implementation of the Program;
Define forms socio-pedagogical partnership;
Develop a model network form of implementation of the Program.
The second stage is practical.
Target: creating conditions for implementation of the Program through a network form.
Tasks:
- implement measures for use network form of implementation of the Program;
Monitor the effectiveness of use network form of implementation of the Program.
The final stage.
Target: summing up social partnership.
Tasks:
Summarize and evaluate effectiveness implementation of the Program;
Determine further prospects for cooperation.
