"On Education in the Russian Federation"
The Federal Law “On Education in the Russian Federation” establishes the legal, organizational and economic foundations of education in the Russian Federation, the basic principles of the state policy of the Russian Federation in the field of education, general rules functioning of the education system and implementation educational activities, determines the legal status of participants in relations in the field of education.
In accordance with Article 2, education is understood as 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, operational experience and competence of a certain volume and difficulties for the purposes of intellectual, spiritual, moral, creative, physical and (or) professional development of a person, satisfying his educational needs and interests.
The new law contains 15 chapters and 111 articles, while the previous one - Law of the Russian Federation of July 10, 1992 N 3266-I “On Education” - 6 chapters and 58 articles. The significant increase in volume is not a shortcoming of the law, but a consequence of the expediency of making it comprehensive and extremely sufficient for the education system. It is very important and useful that the Law has expanded its conceptual apparatus. The following terms have been introduced: “educational organization” (this is a non-profit organization that carries out educational activities on the basis of a license as the main type of activity in accordance with the goals for which such an organization was created) and “an organization that provides training” (this is a legal entity that carries out educational activities on the basis of licenses, along with the main activity, educational activities as an additional type of activity). These two terms are united by the concept of “organizations engaged in educational activities.” So instead of educational institutions a system of educational organizations is introduced, and the employment contract becomes the only document giving rise to the status of a teaching worker.
Article 3 lists the basic principles of state policy in the field of education. It should be noted that paragraph 6 enshrines “the secular nature of education in state and municipal organizations engaged in educational activities,” and paragraph 9 enshrines “information openness and public reporting of educational organizations.”
Chapter 2 No. 273-FZ is devoted to the education system. It includes: 1) federal state educational standards and federal state requirements; 2) organizations carrying out educational activities; 3) federal government bodies and government bodies of constituent entities of the Russian Federation and local government bodies; 4) organizations providing educational activities, assessing the quality of education.
It should be noted that the education system includes teaching staff and students (this was not the case in the previous Law “On Education”), parents (legal representatives) of minor students. Particular attention is paid to organizations that carry out quality assessment, which makes them an integral and independent component of the education system.
Particular attention is paid to the structure of the education system. It consists of general education, vocational education, additional education and vocational training, ensuring the possibility of realizing the right to education throughout life (lifelong education). The levels of professional education are determined by:
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. As you can see, there is no level - primary vocational education, postgraduate vocational education is also missing, and the level - training of highly qualified personnel - is classified as higher education. Named levels higher education do not contain the word “professional”, there has been a return to traditions and global categories, although essentially higher education is professional and is classified among the levels of vocational education.
Article 17 of the Law "On Education in the Russian Federation" introduces the concepts of the form of education (obtaining education in organizations engaged in educational activities; obtaining education outside these organizations, that is, in the form of family education and self-education) and the form of education (full-time, part-time and correspondence). It should be noted that the Law does not name the form of external education, while in the article “Students” (Article 33) external students are also included in the Law - persons enrolled in an organization that carries out educational activities for those who have state accreditation educational programs, to pass intermediate and state final certification. This is one of the contradictions of the Law.
Article 34 establishes the basic rights of students and measures for their social support and stimulation. Students have the right to attend events of their choice that are held in an organization carrying out educational activities; to participate in public associations, including trade unions, as well as to create public associations of students. They have the right to create student teams to organize temporary employment of students who have expressed a desire to work in various sectors of the economy in their free time from studies. Thus, the Law will expand the provisions of the Law of the Russian Federation "On trade unions, their rights and guarantees of activity", according to which only working citizens can be united in a trade union.
Article 43 sets out the duties and responsibilities of students. Students are obliged to: 1) conscientiously master the educational program, attend the classes provided for by the curriculum; 2) comply with the requirements of the charter and internal regulations of the organization; 3) take care of maintaining and strengthening one's health, strive for spiritual and physical development; 4) respect the honor and dignity of other students and employees of the organization, and others.
Particular attention should be paid to Article 72, which defines the forms of integration of educational and research activities in higher education. The goals of such integration are the staffing of scientific research, improving the quality of training students in educational programs of higher education, attracting students to conduct scientific research under the guidance of scientists, using new knowledge and achievements of science and technology in educational activities.
The following forms of such integration are also presented:
1) conducting scientific research by educational organizations
research and experimental development through grants or other sources of financial support;
2) attraction by educational organizations of employees of scientific organizations and other organizations carrying out research activities;
3) implementation by educational and scientific organizations of joint scientific and educational projects, scientific research and experimental developments;
4) creation of laboratories in educational organizations carrying out research and (or) scientific and technical activities; as well as departments carrying out educational activities.
In comparison with this Law, which defines the forms of integration of educational and research activities in higher education, the Federal Law of August 22, 1996 N 125-FZ “On Higher and Postgraduate Professional Education” (lost force) indicates the main tasks of higher education educational institution, among which we can highlight the development of sciences and arts through scientific research and creative activity scientific and pedagogical workers and students, the use of the results obtained in the educational process. In addition, it lists the types and names of higher educational institutions: federal university, university, academy, institute. The new Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” does not contain this article.
1. Students are granted academic rights to:
1) the choice of an organization carrying out educational activities, the form of education and the form of training after receiving basic general education or after reaching eighteen years of age;
2) providing conditions for learning, taking into account the characteristics of their psychophysical development and health status, including receiving socio-pedagogical and psychological assistance, free psychological, medical and pedagogical correction;
3) training according to an individual curriculum, including accelerated training, within the limits of the educational program being mastered in the manner established by local regulations;
4) participation in the formation of the content of one’s professional education, subject to compliance with federal state educational standards of secondary vocational and higher education, educational standards in the manner established by local regulations (this right may be limited by the terms of the agreement on targeted training);
5) selection of optional (optional for a given level of education, profession, specialty or area of training) and elective (mandatory) academic subjects, courses, disciplines (modules) from the list offered by the organization carrying out educational activities (after receiving basic general education );
6) mastering, along with academic subjects, courses, disciplines (modules) in the educational program being mastered, any other academic subjects, courses, disciplines (modules) taught in the organization carrying out educational activities, in the manner established by it, as well as taught in other organizations, carrying out educational activities, academic subjects, courses, disciplines (modules), simultaneous mastery of several basic professional educational programs;
7) crediting by an organization carrying out educational activities, in the manner established by it, of the results of students’ mastery of academic subjects, courses, disciplines (modules), practice, additional educational programs in other organizations carrying out educational activities;
8) deferment from conscription for military service, provided in accordance with Federal law dated March 28, 1998 N 53-FZ “On military duty and military service”;
9) respect for human dignity, protection from all forms of physical and mental violence, personal insult, protection of life and health;
10) freedom of conscience, information, free expression of one’s own views and beliefs;
11) vacations - planned breaks during education for recreation and other social purposes in accordance with the legislation on education and the academic calendar;
12) academic leave in the manner and on the grounds established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education, as well as maternity leave, parental leave until the child reaches the age of three years in the manner established by federal laws;
13) transfer to obtain education in another profession, specialty and (or) field of training, in another form of education in the manner established by the legislation on education;
14) transition from paid education to free education in cases and in the manner provided by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education;
15) transfer to another educational organization implementing an educational program of the appropriate level, in the manner prescribed by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education;
16) restoration to receive education in an educational organization implementing basic professional educational programs, in the manner established by the legislation on education;
17) participation in the management of an educational organization in the manner established by its charter;
18) familiarization with the certificate of state registration, the charter, the license to carry out educational activities, the certificate of state accreditation, educational documentation, and other documents regulating the organization and implementation of educational activities in an educational organization;
19) appealing acts of an educational organization in the manner established by the legislation of the Russian Federation;
20) free use of library and information resources, educational, production, scientific base of the educational organization;
21) use, in the manner established by local regulations, of medical and health infrastructure, cultural objects and sports facilities of an educational organization;
22) development of one’s creative abilities and interests, including participation in competitions, olympiads, exhibitions, shows, physical education events, sports events, including official sports competitions, and other public events;
23) participation, in accordance with the legislation of the Russian Federation, in research, scientific and technical, experimental and innovative activities carried out by an educational organization, under the leadership of scientific and pedagogical workers of educational organizations of higher education and (or) scientific workers of scientific organizations;
24) referral for training and scientific research on selected topics, internships, including within the framework of academic exchange, in other educational organizations and scientific organizations, including educational organizations of higher education and scientific organizations of foreign countries;
26) encouragement for success in educational, physical education, sports, social, scientific, scientific and technical, creative, experimental and innovative activities;
27) combining education with work without compromising the development of the educational program or the implementation of the individual curriculum;
28) obtaining information from an educational organization about the employment situation of the population of the Russian Federation in the professions, specialties and areas of training they are mastering;
29) other academic rights provided for by this Federal Law, other regulatory legal acts Russian Federation, local regulations.
2. Students are provided with the following measures of social support and incentives:
1) full state provision, including provision of clothing, footwear, hard and soft equipment, in cases and in the manner established by federal laws and laws of constituent entities of the Russian Federation;
2) provision of food in cases and in the manner established by federal laws and laws of constituent entities of the Russian Federation;
3) provision of places in boarding schools, as well as provision of residential premises in dormitories in accordance with this Federal Law and housing legislation;
4) transport support in accordance with Article 40 of this Federal Law;
5) receiving scholarships, financial assistance and other monetary payments provided for by the legislation on education;
6) provision of an educational loan in accordance with the procedure established in accordance with this Federal Law and the legislation of the Russian Federation;
7) other measures of social support provided for by regulatory legal acts of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation, legal acts of local government bodies, local regulatory acts.
3. 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 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 basic general education program that has state accreditation, free of charge. When passing certification, external students enjoy the academic rights of students in the relevant educational program.
4. Students have the right to attend events of their choice that are held in an organization carrying out educational activities and are not provided for by the curriculum, in the manner established by local regulations. Involving students without their consent and minor students without the consent of their parents (legal representatives) in work not provided for in the educational program is prohibited.
5. Students have the right to participate in public associations, including trade unions created in accordance with the legislation of the Russian Federation, as well as to create public associations of students in the manner prescribed by federal law.
6. Forcing students and pupils to join public associations, including political parties, as well as their forced involvement in the activities of these associations and participation in campaigning campaigns and political actions is not permitted.
7. Students mastering the basic educational programs of secondary general, secondary vocational and higher education have the right to create student groups, which are public associations of students whose purpose is to organize temporary employment for such students who have expressed a desire to work in various industries in their free time from study. economy.
8. Organizations carrying out educational activities, the financial support of which is carried out at the expense of budgetary allocations of the federal budget, budgets of constituent entities of the Russian Federation and (or) local budgets, within the limits of their competence and in accordance with the legislation of the Russian Federation, provide students with budgetary allocations from the federal budget, budgets of the constituent entities of the Russian Federation and local budgets with scholarships, living quarters in dormitories, boarding schools, and also implement other measures of their social support provided for by this Federal Law and other regulatory legal acts of the Russian Federation.
9. In the event of termination of the activities of an organization carrying out educational activities, cancellation of the relevant license, deprivation of its state accreditation for the relevant educational program or expiration of the state accreditation for the relevant educational program, the founder and (or) the management body authorized by him of the said organization ensure the transfer of adult students from their consent and minor students with the consent of their parents (legal representatives) to other organizations carrying out educational activities according to educational programs of the appropriate level and focus. In case of suspension of a license, suspension of state accreditation in full or in relation to certain levels of education, enlarged groups of professions, specialties and areas of training, the founder and (or) the management body of the said organization authorized by him provide a transfer at the request of adult students, minor students at the request of their parents (legal representatives) to other organizations carrying out educational activities on state-accredited basic educational programs of the appropriate level and focus. The procedure and conditions for making such a transfer are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education.
10. Persons who have completed the development of educational programs of secondary general education, have successfully passed the state final certification and have final grades of “excellent” performance in all academic subjects studied in accordance with the curriculum, the educational organization, simultaneously with the issuance of the corresponding document on education, awards the medal “For special achievements in learning", the sample, description and procedure for issuing are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education.
Chapter 1. General provisions
Article 2 Basic concepts used in this Federal Law
Inclusive education - ensuring equal access to education for all students, taking into account the diversity of special educational needs and individual capabilities; 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; 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 purpose of intellectual, spiritual, moral, creative, physical and (or) professional development of a person, satisfaction of his educational needs and interests;
education is an activity aimed at personal development, creating conditions for self-determination and socialization of the student on the basis of sociocultural, spiritual and moral values and socially accepted rules and norms of behavior in the interests of the individual, family, society and the state;
training is a purposeful process of organizing the activities of students to master knowledge, abilities, skills and competence, gain experience, develop abilities, gain experience in applying knowledge in everyday life and form students’ motivation to receive education throughout their lives;
a student with disabilities (HIA) - an individual who has deficiencies in physical and (or) psychological development, confirmed by the psychological-medical-pedagogical commission and preventing education without creating special conditions;
disabled person - a person who has a health disorder with a persistent disorder of body functions due to diseases, the consequences of injuries or defects, leading to a limitation of life and causing the need for his social protection.
Article 5 Right to education. State guarantees for the realization of the right to education in the Russian Federation
5. In order to realize the right of every person to education by federal state bodies, state authorities of the constituent entities of the Russian Federation and local governments:
1) are created the necessary conditions to receive, without discrimination, quality education for people with disabilities, to correct developmental disorders and social adaptation, the provision of early correctional assistance based on special pedagogical approaches and the languages, methods and ways of communication that are most suitable for these individuals, and conditions that are most conducive to obtaining education of a certain level and a certain focus, as well as the social development of these individuals, including through the organization of an inclusive education of persons with disabilities;
2) assistance is provided to persons who have shown outstanding abilities and who, in accordance with this Federal Law, include students who have shown a high level of intellectual development and creative abilities in a certain area of educational and research activities, in scientific, technical and artistic creativity, in physical culture and sports;
3) full or partial financial support for the maintenance of persons in need of social support in accordance with the legislation of the Russian Federation is carried out during the period of their education.
Chapter 4. Students and their parents (legal representatives)
Article 34. Basic rights of students and measures of their social support and stimulation
1. Students are granted academic rights to:
1) the choice of an organization carrying out educational activities, the form of education and the form of training after receiving basic general education or after reaching eighteen years of age;
2) providing conditions for learning, taking into account the characteristics of their psychophysical development and health status, including receiving socio-pedagogical and psychological assistance, free psychological, medical and pedagogical correction;
3) training according to an individual curriculum, including accelerated training, within the limits of the educational program being mastered in the manner established by local regulations;
5) selection of optional (optional for a given level of education, profession, specialty or area of training) and elective (mandatory) academic subjects, courses, disciplines (modules) from the list offered by the organization carrying out educational activities (after receiving basic general education );
9) respect for human dignity, protection from all forms of physical and mental violence, personal insult, protection of life and health;
10) freedom of conscience, information, free expression of one’s own views and beliefs;
11) holidays - planned breaks when receiving education for recreation and other social purposes in accordance with the legislation on education and the calendar study schedule.
Article 41. Health protection of students
5. For students mastering basic educational programs and in need of long-term treatment, educational organizations are created, including sanatoriums, in which the necessary medical, rehabilitation and recreational activities are carried out for such students. The education of such children, as well as children with disabilities who, for health reasons, cannot attend educational organizations, can also be organized by educational organizations at home or in medical organizations. The basis for organizing training at home or in a medical organization is the conclusion of a medical organization and a written request from parents (legal representatives).
Article 42 general education programs, development and social adaptation
1. Psychological and pedagogical, medical and social assistance is provided to children who experience difficulties in mastering basic general education programs, development and social adaptation, including minors who are recognized in cases and in the manner that are provided for by the criminal procedure legislation, suspected, accused or defendants in a criminal case or who are victims or witnesses of a crime, in centers of psychological, pedagogical, medical and social assistance created by public authorities of the constituent entities of the Russian Federation, as well as psychologists, educational psychologists of organizations engaged in educational activities in which such children study. Local self-government bodies have the right to establish centers for psychological, pedagogical, medical and social assistance.
2. Psychological, pedagogical, medical and social assistance includes:
1) psychological and pedagogical counseling for students, their parents (legal representatives) and teachers;
2) correctional-developing and compensatory classes with students, speech therapy assistance to students;
3) a complex of rehabilitation and other medical measures;
4) assistance to students in career guidance, obtaining a profession and social adaptation.
3. Psychological and pedagogical, medical and social assistance is provided to children on the basis of an application or written consent of their parents (legal representatives).
4. The Center for Psychological, Pedagogical, Medical and Social Assistance also provides assistance to organizations engaged in educational activities on the implementation of basic general education programs, training and education of students, including providing psychological and pedagogical support for the implementation of basic general education programs, and provides methodological assistance to organizations carrying out educational activities, including assistance in the development of educational programs, individual curricula, choosing the best methods of teaching and educating students who have difficulty mastering basic general educational programs, identifying and eliminating potential obstacles to learning, and also monitors the effectiveness of organizations providing educational activities , psychological, pedagogical, medical and social assistance to children experiencing difficulties in mastering basic general education programs, development and social adaptation.
5. The center for psychological and pedagogical, medical and social assistance may be entrusted with the implementation of the functions of a psychological, medical and pedagogical commission, including the conduct of a comprehensive psychological, medical and pedagogical examination of children in order to timely identify features in physical and (or) mental development and (or) deviations in the behavior of children, preparing, based on the results of the examination of children, recommendations for providing them with psychological, medical and pedagogical assistance and organizing their education and upbringing, as well as confirming, clarifying or changing previously given recommendations. The regulation on the psychological, medical and pedagogical commission and the procedure for conducting a comprehensive psychological, medical and pedagogical examination of children are established by the federal executive body in charge of developing state policy and legal regulation in the field of education, in agreement with the federal executive body in charge of on the development of state policy and legal regulation in the field of healthcare.
6. Psychological and pedagogical assistance in the center for psychological, pedagogical, medical and social assistance is provided by educational psychologists, social educators, speech therapists, speech pathologists and other specialists necessary for the proper implementation of the functions of such a center. The Center for Psychological, Pedagogical, Medical and Social Assistance also carries out a set of measures to identify the causes of social maladaptation of children and provides them with social assistance, communicates with the family, as well as with authorities and organizations regarding the employment of children, providing them with housing, benefits and pensions.
Article 44. Rights, duties and responsibilities in the field of education of parents (legal representatives) of minor students
1. Parents (legal representatives) of minor students have a priority right to the education and upbringing of children over all other persons. They are obliged to lay the foundations for the physical, moral and intellectual development of the child’s personality.
3. Parents (legal representatives) of minor students have the right:
1) choose, before the child completes basic general education, taking into account the child’s opinion, as well as taking into account the recommendations of the psychological, medical and pedagogical commission (if any), forms of education and forms of training, organizations carrying out educational activities, language, languages of education, elective and elective subjects, courses, disciplines (modules) from the list offered by the organization carrying out educational activities;
2) provide the child with preschool, primary general, basic general, and secondary general education in the family. A child receiving education in a family, by decision of his parents (legal representatives), taking into account his opinion at any stage of education, has the right to continue his education in an educational organization;
4) get acquainted with the content of education, the methods of teaching and upbringing used, educational technologies, as well as assessments of the progress of their children;
5) protect the rights and legitimate interests of students;
6) receive information about all types of planned examinations (psychological, psychological and pedagogical) of students, give consent to conduct such examinations or participate in such examinations, refuse to conduct them or participate in them, receive information about the results of examinations of students;
8) be present during the examination of children by a psychological, medical and pedagogical commission, discuss the results of the examination and recommendations received based on the results of the examination, express their opinion regarding the proposed conditions for organizing the education and upbringing of children.
4. Parents (legal representatives) of minor students are obliged to:
1) ensure that children receive general education;
2) comply with the internal rules of the organization carrying out educational activities, the rules of residence of students in boarding schools, the requirements of local regulations that establish the schedule of students’ classes, the procedure for regulating educational relations between the educational organization and students and (or) their parents (legal representatives) and registration the emergence, suspension and termination of these relations;
3) respect the honor and dignity of students and employees of the organization carrying out educational activities.
6. For failure to fulfill or improper fulfillment of duties established by this Federal Law and other federal laws, parents (legal representatives) of minor students bear responsibility under the legislation of the Russian Federation.
Article 55. General requirements for admission to training in an organization carrying out educational activities.
3. Admission to study in basic general education programs and educational programs of vocational education at the expense of budgetary allocations from the federal budget, budgets of constituent entities of the Russian Federation and local budgets is carried out on a publicly accessible basis, unless otherwise provided by this Federal Law. Children with disabilities are admitted to study in an adapted basic general education program only with the consent of their parents (legal representatives) and on the basis of recommendations of the psychological, medical and pedagogical commission.
Article 65. Fees collected from parents (legal representatives) for supervision and care of children studying educational programs of preschool education in organizations engaged in educational activities
1. Preschool educational organizations provide supervision and care for children. Other organizations carrying out educational activities to implement educational programs for preschool education have the right to provide supervision and care for children.
2. For the supervision and care of a child, the founder of an organization carrying out educational activities has the right to establish a fee charged to parents (legal representatives) (hereinafter referred to as parental fees), and its amount, unless otherwise established by this Federal Law. The founder has the right to reduce the amount of parental fees or not to collect it from certain categories of parents (legal representatives) in cases and in the manner determined by him.
3. Parental fees are not charged for the supervision and care of disabled children, orphans and children without parental care, as well as for children with tuberculosis intoxication studying in state and municipal educational organizations implementing an educational program for preschool education.
5. For the purpose of material support for the upbringing and education of children attending educational organizations implementing an educational program for preschool education, parents (legal representatives) are paid compensation in the amount established by the regulatory legal acts of the constituent entities of the Russian Federation, but not less than twenty percent of the average amount of parental fees for supervision and child care in state and municipal educational organizations located on the territory of the relevant constituent entity of the Russian Federation, for the first child, no less than fifty percent of the amount of such fees for the second child, no less than seventy percent of the amount of such fees for the third child and subsequent children. The average size parental fees for the supervision and care of children in state and municipal educational organizations are established by state authorities of the constituent entity of the Russian Federation. One of the parents (legal representatives) who has paid parental fees for the supervision and care of children in the relevant educational organization has the right to receive compensation.
Article 66. Primary general, basic general and secondary general education
10. For students in need of long-term treatment, disabled children who, for health reasons, cannot attend educational organizations, training in educational programs of primary general, basic general and secondary general education is organized at home or in medical organizations.
11. The procedure for formalizing relations between a state or municipal educational organization and students and (or) their parents (legal representatives) regarding the organization of training in educational programs of primary general, basic general and secondary general education at home or in medical organizations is established by a regulatory legal act of the authorized body state power of a constituent entity of the Russian Federation.
12. For students with deviant (socially dangerous) behavior who need special conditions of education, training and require a special pedagogical approach, in order for them to receive primary general, basic general and secondary general education, authorized bodies of state power of the Russian Federation or constituent entities of the Russian Federation create special educational institutions of open and closed types. The procedure for sending minor citizens to special educational institutions of open and closed types and the conditions of their stay in such institutions are determined by Federal Law of June 24, 1999 N 120-FZ “On the fundamentals of the system for preventing neglect and delinquency of minors.”
Article 67. Organization of admission to studies in basic general education programs
1. Receiving preschool education in educational organizations can begin when children reach the age of two months. Receiving primary general education in educational organizations begins when children reach the age of six years and six months in the absence of contraindications for health reasons, but not later than they reach the age of eight years. At the request of the parents (legal representatives) of the children, the founder of the educational organization has the right to allow the admission of children to the educational organization for training in educational programs of primary general education at an earlier or later age.
2. The rules for admission to studies in basic general education programs must ensure the admission of all citizens who have the right to receive general education at the appropriate level, unless otherwise provided by this Federal Law.
3. The rules for admission to state and municipal educational organizations for training in basic general education programs must also ensure the admission to the educational organization of citizens who have the right to receive general education at the appropriate level and who live in the territory to which the specified educational organization is assigned.
4. Admission to a state or municipal educational organization may be denied only due to the lack of free places in it, with the exception of cases provided for in parts 5 and 6 of this article and Article 88 of this Federal Law. If there are no places in a state or municipal educational organization, the parents (legal representatives) of the child, in order to resolve the issue of his placement in another educational organization, apply directly to the executive authority of the subject of the Russian Federation that carries out public administration in the field of education, or a local government body that manages the field of education.
Article 79. Organization of education for students with disabilities
2. General education of students with disabilities is carried out in organizations that carry out educational activities according to adapted basic general education programs. In such organizations, special conditions are created for these students to receive education.
3. In this Federal Law, special conditions for obtaining education by students with disabilities are understood as the conditions for the training, education and development of such students, including the use of special educational programs and methods of teaching and education, special textbooks, teaching aids and didactic materials, special technical teaching aids for collective and individual use, providing the services of an assistant (assistant) who provides students with the necessary technical assistance, conducting group and individual correctional classes, providing access to the buildings of organizations carrying out educational activities, and other conditions without which it is impossible or it is difficult for students with disabilities to master educational programs.
4. The education of students with disabilities can be organized both together with other students, and in separate classes, groups or in separate organizations carrying out educational activities.
5. Separate organizations carrying out educational activities according to adapted basic general educational programs are created by state authorities of the constituent entities of the Russian Federation for the deaf, hard of hearing, late-deafened, blind, visually impaired, with severe speech impairments, with musculoskeletal disorders, with mental retardation, with mental retardation, with autism spectrum disorders, with complex disabilities and other students with disabilities.
7. Students with disabilities living in an organization carrying out educational activities are fully supported by the state and are provided with food, clothing, shoes, soft and hard equipment. Other students with disabilities are provided with two free meals a day.
8. Vocational training and vocational education of students with disabilities is carried out on the basis of educational programs, adapted, if necessary, for the training of these students.
9. State authorities of the constituent entities of the Russian Federation ensure that students with disabilities (with various forms of mental retardation) who do not have basic general or secondary general education receive vocational training.
10. Professional educational organizations and educational organizations of higher education, as well as organizations carrying out educational activities in basic vocational training programs, must create special conditions for students with disabilities to receive education.
11. When receiving education, students with disabilities are provided with free special textbooks and teaching aids, other educational literature, as well as the services of sign language interpreters and sign language interpreters. The specified measure of social support is an expenditure obligation of the constituent entity of the Russian Federation in relation to such students, with the exception of those studying at the expense of budgetary allocations from the federal budget. For disabled people studying at the expense of federal budget allocations, the provision of these social support measures is an expenditure obligation of the Russian Federation.
12. The state, represented by the state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation authorized by it, ensures the training of teaching staff who are proficient in special pedagogical approaches and methods of training and education of students with disabilities, and facilitates the involvement of such workers in organizations engaged in educational activities .
new basic law on education in Russia
Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation"
The law was developed in order to improve the legislation of the Russian Federation in the field of education and is a fundamental regulatory legal act in the field of education.
The law determines the levels of general education (preschool education, primary general education, basic general education, secondary general education) and levels of vocational education (secondary vocational education, higher education - bachelor's degree; higher education - specialty, master's degree; higher education - training of highly qualified personnel) . Another level of higher education is being introduced - training of highly qualified personnel, which includes training programs for scientific and pedagogical personnel, residency programs, and assistantship internship programs.
Along with the main educational programs in the field of education, there are also additional educational programs of various orientations and degrees of complexity, formed taking into account the age characteristics, interests, abilities, level of education and professional qualifications of students.
The law expands the circle of entities that have the right to conduct educational activities, including the legal possibilities for access of “non-educational” organizations to educational activities. In addition, the law contains a separate article devoted to the regulation of the legal status of individual entrepreneurs conducting educational activities.
The law now also regulates the provision of scholarships to students in vocational education institutions.
The law contains separate norms dedicated to:
Credit-module system for organizing the educational process and a system of credit units;
Network interaction in the implementation of educational programs, including the mechanism for offsetting the results of mastering certain parts of the educational program in third-party organizations;
The use of distance learning technologies in the educational process;
Training in integrated educational programs;
Educational and information resources in the educational process and others.
The conditions for conducting experimental and innovative activities in the field of education are regulated. In addition, models of economic activity in the education sector have been updated.
From the date of entry into force of this law, the Law of the Russian Federation “On Education” and the Federal Law “On Higher and Postgraduate Professional Education” are recognized as no longer in force.
Russian Federation
THE FEDERAL LAW
ABOUT EDUCATION IN THE RUSSIAN FEDERATION
State Duma
Federation Council
Chapter 1. GENERAL PROVISIONS
Article 1. Subject of regulation of this Federal Law
1. The subject of regulation of this Federal Law is social relations arising in the field of education in connection with the implementation of the right to education, ensuring state guarantees of human rights and freedoms in the field of education and the creation of conditions for the realization of the right to education (hereinafter referred to as relations in the field of education).
2. This Federal Law establishes the legal, organizational and economic foundations of education in the Russian Federation, the basic principles of the state policy of the Russian Federation in the field of education, general rules for the functioning of the education system and the implementation of educational activities, and determines the legal status of participants in relations in the field of education.
Chapter 1. General provisions Article 1. Subject of regulation of this Federal Law This Federal Law establishes the legal, organizational and economic foundations of education in the Russian Federation, the basic principles of the state policy of the Russian Federation in the field of education, general rules for the functioning of the education system and the implementation of educational activities, determines the legal position of participants in relations in the field of education.
Article 2. Basic concepts used in this Federal Law, 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;
Article 2. Basic concepts used in this Federal Law 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, calendar academic schedule, work programs of academic subjects, courses, disciplines (modules), other components, as well as assessment and teaching materials;
Article 2. Basic concepts used in this Federal Law: approximate basic educational program - educational and methodological documentation (approximate curriculum, approximate calendar academic schedule, approximate work programs of academic subjects, courses, disciplines (modules), other components), defining the recommended volume and the content of education of a certain level and (or) a certain orientation, the 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;
Article 3. Basic principles of state policy and legal regulation relations in the field of education recognition of the priority of education; ensuring the right of every person to education, non-discrimination in the field of education; humanistic nature of education,
Article 3. Basic principles of state policy and legal regulation of relations in the field of education unity educational space on the territory of the Russian Federation; creating favorable conditions for the integration of the education system of the Russian Federation with the education systems of other states on an equal and mutually beneficial basis; secular nature of education; freedom of choice to receive education; ensuring the right to education throughout life;
Article 3. Basic principles of state policy and legal regulation of relations in the field of education; autonomy of educational organizations; democratic nature of education management; inadmissibility of restricting or eliminating competition in the field of education; a combination of state and contractual regulation of relations in the field of education.
Article 5. Right to education. State guarantees of the realization of the right to education in the Russian Federation In the Russian Federation, the right of every person to education is guaranteed. In the Russian Federation, universal access and freeness of preschool, primary general, basic general and secondary general education, secondary vocational education, and also free higher education on a competitive basis are guaranteed in accordance with federal state educational standards, if a citizen receives education at this level for the first time.
Article 6. Powers of federal government bodies in the field of education to develop and implement a unified state policy in the field of education; approval of federal state educational standards, establishment of federal state requirements; licensing of educational activities; state control (supervision) in the field of education
Article 7. The powers of the Russian Federation in the field of education, transferred to the state authorities of the constituent entities of the Russian Federation to exercise state control (supervision) in the field of education; licensing of educational activities of organizations; state accreditation; confirmation of documents on education and (or) qualifications.
Chapter 2. Education system Article 10. Structure of the education system In the Russian Federation, the following levels of general education are established: 1) preschool education; 2) primary general education; 3) basic general education; 4) secondary general education.
Article 11. Federal state educational standards and federal state requirements. Educational standards unity of the educational space of the Russian Federation; continuity of basic educational programs; variability in the content of educational programs at the appropriate level of education, the possibility of creating educational programs of various levels of complexity and focus, taking into account the educational needs and abilities of students; state guarantees of the level and quality of education based on the unity of mandatory requirements for the conditions for the implementation of basic educational programs and the results of their development.
Article 12. Educational programs The main educational programs include: basic general education programs - educational programs of preschool education, educational programs of primary general education, educational programs of basic general education, educational programs of secondary general education;
Article 12. Educational programs Additional educational programs include: - Educational programs for preschool education are developed and approved by the organization carrying out educational activities in accordance with the federal state educational standard preschool education and taking into account the corresponding exemplary educational programs of preschool education.
Article 13. General requirements to the implementation of educational programs Educational programs are implemented by the organization carrying out educational activities, both independently and through network forms of their implementation. Federal state bodies, government bodies of constituent entities of the Russian Federation exercising public administration in the field of education, local government bodies exercising management in the field of education do not have the right to change the curriculum and calendar training schedule of organizations carrying out educational activities.
Article 17. Forms of obtaining education and forms of training in organizations carrying out educational activities; Education in the form of family education and self-education is carried out with the right to subsequently pass, in accordance with Part 3 of Article 34 of this Federal Law, intermediate and state final certification in organizations engaged in educational activities. Combination allowed various forms obtaining education and forms of training.
Article 18. Printed and electronic educational and information resources Educational publications used in the implementation of educational programs of preschool education are determined by the organization carrying out educational activities, taking into account the requirements of federal state educational standards, as well as exemplary educational programs of preschool education and exemplary educational programs of primary general education .
Article 19. Scientific, methodological and resource support for the education system For the purpose of participation of pedagogical, scientific workers, representatives of employers in the development of federal state educational standards, exemplary educational programs, coordination of the actions of organizations carrying out educational activities in ensuring the quality and development of the content of education in the education system educational and methodological associations can be created. Educational and methodological associations on a voluntary basis include teaching staff, researchers and other employees of organizations engaged in educational activities and other organizations operating in the education system, including representatives of employers.
Article 20. Experimental and innovative activities in the field of education Innovation activities are focused on improving scientific, pedagogical, educational and methodological, organizational, legal, financial and economic, personnel, material and technical support of the education system and is carried out in the form of the implementation of innovative projects and programs by organizations carrying out educational activities, and other organizations operating in the field of education, as well as their associations. When implementing innovative project, programs must ensure compliance with the rights and legitimate interests of participants in educational relations, the provision and receipt of education, the level and quality of which cannot be lower than the requirements established by the federal state educational standard, federal state requirements, educational standards.
Article 23. Types of educational organizations Preschool educational organization is an educational organization that carries out educational activities according to educational programs of preschool education, supervision and care of children as the main goal of its activities.
Article 25. Charter of an educational organization. Article 26. Management of an educational organization. Article 27. Structure of the educational organization. Article 28. Competence, rights, duties and responsibilities of an educational organization. Article 29. Information openness of an educational organization Article 30. Local regulations containing norms regulating educational relations. Article 31. Organizations providing training. Article 32. Individual entrepreneurs carrying out educational activities
Chapter 4. Students and their parents (legal representatives) Article 33. Students 1) pupils - persons mastering the educational program of preschool education, persons mastering the basic general education program while simultaneously residing or staying in an educational organization;
Article 34. Basic rights of students and measures of their social support and stimulation. Article 35. Use of textbooks, teaching aids, teaching and educational means. Article 36. Scholarships and other monetary payments. Article 37. Catering for students. Article 38. Provision of clothing (uniforms). Article 39 Article 40
Article 41. Health protection of students; provision of primary health care in the manner established by legislation in the field of health protection; catering for students; determination of the optimal academic and extracurricular load, study schedule and duration of vacations; advocacy and skills training healthy image life, labor protection requirements;
Article 42. Psycho-pedagogical, medical and social assistance to students experiencing difficulties in mastering basic general education programs, development and social adaptation Psycho-pedagogical, medical and social assistance is provided to children experiencing difficulties in mastering basic general education programs, development and social adaptation, in including minor students recognized in cases and in the manner provided for by criminal procedural legislation, suspects, accused or defendants in a criminal case or who are victims or witnesses of a crime, in centers of psychological, pedagogical, medical and social assistance created by public authorities of the constituent entities of the Russian Federation, as well as psychologists, educational psychologists of organizations carrying out educational activities in which such children study. Local self-government bodies have the right to establish centers for psychological, pedagogical, medical and social assistance.
Article 43. Duties and responsibilities of students to conscientiously master the educational program, carry out the individual curriculum, including attending training sessions provided for by the curriculum or individual curriculum, independently prepare for classes, carry out tasks given by teaching staff within the framework of the educational program;
Article 44. Rights, duties and responsibilities in the field of education of parents (legal representatives) of minor students Parents (legal representatives) of minor students have a priority right to educate and raise children over all other persons. They are obliged to lay the foundations for the physical, moral and intellectual development of the child’s personality. provide the child with preschool, primary general, basic general, and secondary general education in the family. A child receiving education in a family, by decision of his parents (legal representatives), taking into account his opinion at any stage of education, has the right to continue his education in an educational organization; receive information about all types of planned examinations (psychological, psychological and pedagogical) of students, give consent to conduct such examinations or participate in such examinations, refuse to conduct them or participate in them, receive information about the results of examinations of students;
Article 45. Protection of the rights of students, parents (legal representatives) of minor students, send to the management bodies of the organization carrying out educational activities, appeals to apply disciplinary sanctions to employees of these organizations who violate and (or) infringe on the rights of students, parents (legal representatives) of minor students penalties. Such appeals are subject to mandatory consideration by the specified bodies with the involvement of students, parents (legal representatives) of minor students;
Chapter 5. Pedagogical, managerial and other employees of organizations carrying out educational activities Article 46. The right to engage in teaching activities The right to engage in teaching activities has persons who have secondary vocational or higher education and meet the qualification requirements specified in the qualification reference books, and (or) professional standards. The nomenclature of positions for teaching staff of organizations carrying out educational activities, positions of heads of educational organizations is approved by the Government of the Russian Federation.
Article 47. Legal status of teaching staff. Rights and freedoms of teaching staff, guarantees of their implementation: freedom of teaching, free expression of one’s opinion, freedom from interference in professional activities; freedom of choice and use of pedagogically sound forms, means, methods of teaching and education; the right to creative initiative, the development and application of author's programs and methods of education and upbringing within the framework of the educational program being implemented, a separate academic subject, course, discipline (module); the right to choose textbooks, teaching aids, materials and other means of education and upbringing in accordance with the educational program and in the manner prescribed by the legislation on education; the right to participate in the development of educational programs, including curricula, calendar training schedules, work subjects, courses, disciplines (modules), methodological materials and other components of educational programs;
Article 48. Duties and responsibilities of teaching staff 1. Teaching staff are obliged to: carry out their activities at a high professional level, ensure the full implementation of the taught educational subject, course, discipline (module) in accordance with the approved work program; comply with legal, moral and ethical standards, follow the requirements of professional ethics; respect the honor and dignity of students and other participants in educational relations; develop students' cognitive activity, independence, initiative, creativity, form a civic position, ability to work and live in conditions modern world, to form a culture of healthy and safe lifestyle among students; apply pedagogically sound and providing high quality education forms, methods of teaching and upbringing;
Article 48. Duties and responsibilities of teaching staff to take into account the characteristics of the psychophysical development of students and the state of their health, observe the special conditions necessary for obtaining education by persons with disabilities, and interact, if necessary, with medical organizations; systematically improve your professional level; undergo certification for compliance with the position held in the manner established by the legislation on education; undergo pre-employment and periodic medical examinations, as well as extraordinary medical examinations at the direction of the employer, in accordance with labor legislation; undergo training and testing of knowledge and skills in the field of labor protection in accordance with the procedure established by the legislation of the Russian Federation; comply with the charter of the educational organization, the regulations on the specialized structural educational unit of the organization providing training, and internal labor regulations.
Article 48. Duties and responsibilities of teaching staff 2. A teaching staff member of an organization carrying out educational activities, including as an individual entrepreneur, has no right to provide paid educational services students in this organization, if this leads to a conflict of interests of the teaching staff. 3. Teaching staff are prohibited from using educational activities for political agitation, forcing students to accept or renounce political, religious or other beliefs, to incite social, racial, national or religious hatred, for agitation promoting the exclusivity, superiority or inferiority of citizens based on social, racial, national, religious or linguistic affiliation, their attitude to religion, including by communicating to students false information about the historical, national, religious and cultural traditions of peoples, as well as to induce students to take actions contrary to the Constitution of the Russian Federation.
Article 48. Duties and responsibilities of teaching staff 4. Teaching staff are responsible for failure to perform or improper performance of their duties in the manner and in cases established by federal laws. Non-fulfillment or improper fulfillment by teaching staff of the duties provided for in Part 1 of this article is taken into account when they undergo certification.
Article 49. Certification of teaching staff Certification of teaching staff in order to confirm the compliance of teaching staff with the positions they occupy is carried out once every five years based on an assessment of their professional activities by certification commissions, independently formed by organizations carrying out educational activities.
Chapter 6. Grounds for the emergence, change and termination of educational relations Article 53. Emergence of educational relations. Article 54. Agreement on education. Article 55. General requirements for admission to training in an organization carrying out educational activities. Article 56. Targeted reception. Agreement on targeted admission and agreement on targeted training. Article 57. Changes in educational relations. Article 58. Interim certification of students. Article 59. Final certification. Article 60. Documents on education and (or) qualifications. Training documents. Article 61. Termination of educational relations. Article 62. Reinstatement in an organization carrying out educational activities
Article 64. Preschool education Preschool education is aimed at forming common culture, development of physical, intellectual, moral, aesthetic and personal qualities, formation of prerequisites for educational activities, preservation and strengthening of children’s health preschool age. Educational programs of preschool education are aimed at the diversified development of preschool children, taking into account their age and individual characteristics, including the achievement by preschool children of a level of development necessary and sufficient for their successful development of educational programs of primary general education, based on an individual approach to preschool children and activities specific to preschool children. The development of educational programs of preschool education is not accompanied by intermediate certifications and final certification of students. Parents (legal representatives) of minor students who ensure that their children receive preschool education in the form of family education have the right to receive methodological, psychological, pedagogical, diagnostic and advisory assistance free of charge, including in preschool educational organizations and general education organizations, if they appropriate consultation centers have been created. Ensuring the provision of such types of assistance is carried out by state authorities of the constituent entities of the Russian Federation.
Article 65. Fees collected from parents (legal representatives) for the supervision and care of children mastering educational programs of preschool education in organizations carrying out educational activities Preschool educational organizations provide supervision and care for children. Other organizations carrying out educational activities to implement educational programs for preschool education have the right to provide supervision and care for children. For the supervision and care of a child, the founder of an organization carrying out educational activities has the right to establish a fee charged to parents (legal representatives) (hereinafter referred to as parental fees), and its amount, unless otherwise established by this Federal Law. The founder has the right to reduce the amount of parental fees or not to collect it from certain categories of parents (legal representatives) in cases and in the manner determined by him. Parental fees are not charged for the supervision and care of disabled children, orphans and children without parental care, as well as for children with tuberculosis intoxication studying in state and municipal educational organizations implementing an educational program for preschool education.
Article 65. Fees collected from parents (legal representatives) for the supervision and care of children mastering educational programs of preschool education in organizations engaged in educational activities. It is not allowed to include expenses for the implementation of the educational program of preschool education, as well as expenses for the maintenance of real estate of state and municipal educational organizations implementing the educational program of preschool education, in parental fees for child supervision and care in such organizations. For the purpose of material support for the upbringing and education of children attending educational organizations implementing an educational program for preschool education, parents (legal representatives) are paid compensation in the amount established by the regulatory legal acts of the constituent entities of the Russian Federation, but not less than twenty percent of the average amount of parental fees for supervision and care for children in state and municipal educational organizations located on the territory of the relevant constituent entity of the Russian Federation, for the first child, no less than fifty percent of the amount of such fees for the second child, no less than seventy percent of the amount of such fees for the third child and subsequent children. The average amount of parental fees for the supervision and care of children in state and municipal educational organizations is established by the state authorities of the constituent entity of the Russian Federation. One of the parents (legal representatives) who has paid parental fees for the supervision and care of children in the relevant educational organization has the right to receive compensation.
Article 65. Fees collected from parents (legal representatives) for the supervision and care of children studying educational programs of preschool education in organizations engaged in educational activities. The procedure for applying for compensation specified in part 5 of this article and the procedure for its payment are established by state bodies authorities of the constituent entities of the Russian Federation. Financial support for expenses related to the payment of compensation specified in Part 5 of this article is an expenditure obligation of the constituent entities of the Russian Federation.
Chapter 8. Professional education Article 68. Secondary vocational education Article 69. Higher education Article 70. General requirements for the organization of admission to bachelor's and specialty programs Article 71. Special rights for admission to bachelor's and specialty programs Article 72. Forms of integration of educational and scientific (research) activities in higher education Article 73. Organization of vocational training Article 74. Qualifying exam
Chapter 11. Features of the implementation of certain types of educational programs and education for certain categories of students Article 77. Organization of education for persons who have demonstrated outstanding abilities Article 78. Organization of education foreign citizens and stateless persons in Russian educational organizations Article 79. Organization of education for students with disabilities Article 80. Organization of the provision of education to persons sentenced to imprisonment, forced labor, suspects and accused persons in custody Article 81. Features of the implementation of vocational 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 Article 82. Features of the implementation of professional educational programs of medical education and pharmaceutical education Article 83. Features of the implementation of educational programs in the field of arts Article 84. Features of the implementation of educational programs in the field physical culture and sports Article 85. Features of the implementation of educational programs in the field of training specialists for civil aviation personnel, ship crew members in accordance with international requirements, as well as in the field of training railway transport workers directly related to train movement and shunting work Article 86. Additional training general developmental educational programs aimed at preparing minors for military or other public service in general educational organizations, professional educational organizations Article 87. Features of studying the foundations of the spiritual and moral culture of the peoples of the Russian Federation. Features of receiving theological and religious education Article 88. Features of the implementation of basic general education programs in foreign institutions of the Ministry of Foreign Affairs of the Russian Federation
Chapter 12. Management of the education system. State regulation of educational activities Article 89. Management of the education system Article 90. State regulation of educational activities Article 91. Licensing of educational activities Article 92. State accreditation of educational activities Article 93. State control (supervision) in the field of education Article 94. Pedagogical expertise Article 95. Independent assessment of the quality of education Article 96. Public accreditation of organizations carrying out educational activities. Professional and public accreditation of educational programs Article 97. Information openness of the education system. Monitoring in the education system Article 98. Information systems in the education system
Chapter 13. Economic activity and financial support in the field of education Article 99. Features of financial support for the provision of state and municipal services in the field of education Article 100. Target figures for enrollment in education at the expense of budgetary allocations of the federal budget, budgets of constituent entities of the Russian Federation, local budgets Article 101. Implementation of educational activities at the expense funds individuals And legal entities Article 102. Property of educational organizations Article 103. Creation by educational organizations of higher education of business societies and economic partnerships, the activities of which are practical application(implementation) of the results of intellectual activity Article 104. Educational lending
Chapter 14. International cooperation in the field of education Article 105. Forms and directions of international cooperation in the field of education Article 106. Confirmation of documents on education and (or) qualifications Article 107. Recognition of education and (or) qualifications obtained in a foreign state Article 108. Final provisions Article 109. Recognition of certain legislative acts of the USSR as invalid on the territory of the Russian Federation Article 110. Recognition of certain legislative acts (provisions of legislative acts) of the RSFSR and the Russian Federation as invalid
