Bodies exercising state control in the field of education. State control (supervision) in the field of education
Sub-theme 4.1 Types of checks
The federal law introduces a classification of inspections.
Scheme 3. Types of checks
Scheduled inspections are carried out on the basis of annual plans developed by the authorized bodies in accordance with their authority. The grounds for conducting unscheduled inspections are regulated by the said law.
The subject of documentary verification is the information contained in the documents, institutions (organizations) establishing their organizational and legal form, documents used in the implementation of their activities and related to the implementation of federal state educational standards or federal state requirements, with the implementation of prescriptions. In the process of conducting a documentary check, officials of the state control body examine the documents of a legal entity that are at the disposal of the state control body. At the same time, Art. 11 of the Federal Law grants the right, if the information available to the body does not allow assessing the fulfillment of mandatory requirements, to send a request to the institution with the requirement to submit the documents necessary for consideration.
An on-site inspection (both scheduled and unscheduled) is carried out at the location of the educational institution and (or) at the place of actual implementation of its activities.
Considering that it is rather difficult to objectively assess the compliance of the content and quality of training of students and graduates, as well as the level and focus of educational programs implemented in educational institutions and their branches, with the established standards (requirements) during documentary verification, the main form of verification is field verification.
Subtopic 4.2. Timing and frequency of inspection
The federal law contains requirements for the timing and frequency of inspections. The term for each of the inspections may not exceed twenty working days. In exceptional cases, related to the need to conduct complex and (or) lengthy studies, special examinations on the basis of motivated proposals of officials of the state control (supervision) body conducting an on-site scheduled inspection, the term for conducting a scheduled on-site inspection may be extended by the head of such a body, but not more than twenty business days.
The term for conducting an on-site and documentary audit in relation to an educational institution (scientific organization) that operates in the territories of several constituent entities of the Russian Federation is established separately for each branch.
Article 13 of the Law of the Russian Federation "On Education" establishes the deadlines for conducting inspections in relation not only to branches, but also to representative offices of organizations. In the case of quality control of education, this rule does not apply, because in accordance with paragraph 7. Art. 12 of the Law of the Russian Federation "On Education" in the representative offices of an educational institution, the conduct of educational activities is prohibited.
The general rule established by law regarding the frequency of inspections is as follows: scheduled inspections are carried out no more than once every three years. The field of education in this matter has its own characteristics. According to paragraph 9 of Art. 9 of the Federal Law in relation to legal entities engaged in activities in the field of healthcare, education, in the social sphere, scheduled inspections can be carried out two or more times in three years. The list of such types of activities and the frequency of their scheduled inspections are established by the Government of the Russian Federation. The rules for the implementation of supervision and control in the field of education establish the frequency of scheduled inspections no more than once every 2 years.
Subtopic 4.3. Types of control measures carried out during the inspection
Control measure - the actions of an official or officials of the state control body and involved, if necessary, in the prescribed manner, in the conduct of inspections of experts, expert organizations, necessary to achieve the goals and objectives of the inspection.
The purpose and objectives of the audit are to establish:
Compliance of the content and quality of training of students and graduates with federal state educational standards or federal state requirements;
Compliance of the content of the educational programs implemented by the institution (scientific organization) with their level and focus. In addition, during the audit, proposals are formulated for taking measures to eliminate the identified inconsistencies.
The activity of an educational institution (scientific organization) is analyzed for compliance of the content and quality of training of students and graduates with federal state educational standards or federal state requirements, therefore, any discrepancy leads to the application of sanctions.
The rules for the implementation of supervision and control in the field of education provide for the possibility of reviewing and analyzing documents, conducting an examination of the quality of education, including testing of students in educational organizations.
When implementing a control measure, a wide range of documents of an institution (scientific organization) can be analyzed.
Scheme 4. The list of documents analyzed during the event to control the quality of education
Options for control measures and the documents analyzed during them are presented in Appendix No. 1.
Subtopic 4.4. List of control measures for inspections
The list of control measures for conducting inspections can be formulated based on the goals, objectives and subject of inspections to control the quality of education.
The list of control measures is a list of tasks for conducting an inspection, which can be applied to all types of educational institutions (scientific organizations) and used for implementation by many performers in different conditions.
The list of control measures for conducting quality control audits of education is presented in Appendix No. 2.
This list can serve as a tool for inspectors (officials of the state control (supervision) body and experts involved in inspections). When developing the list, it should be taken into account that only standardized activities are subject to verification.
The list allows you to optimize and standardize activities. It was developed by searching and analyzing existing regulatory legal documents in the field of education at the federal level.
Topic 4 security questions
1. What are the goals and objectives of the audit?
2. What are the types of education quality checks?
3. What is the maximum period for an inspection?
4. What is the frequency of scheduled inspections in the field of education?
It is one of two areas of control in this area. The second one is , the concept of which still corresponds to the definition approved along with the adoption of the Law on Education: the purpose of the supervision check is to detect from the side of organizations providing training.
The changes made under Federal Law No. 500 concerned only the definition of the essence of state control over the quality of education, that is, clarifications were made to the concept of what quality is in this context.
Federal state control of the quality of education: changing the definition
The wording that was in force earlier said that in the process of state control, the quality of education is checked in terms of the compliance of training activities with the established standard, which covered the conditions and learning outcomes, as well as the requirements for programs being implemented.
According to the 500th federal law, a clarification was made, which is valid from 01/13/2015. The essential difference is the change in the principle of evaluation: the state control in the field of education now evaluates the quality only in terms of content and results, which must meet the standard. Conditions and structural requirements for quality control programs are no longer considered.
State control in the field of education: clarification of criteria
The implementation of the modern scheme of state control of the quality of education is associated with some difficulties, which are associated with the fact that the existing standards do not clearly formulate the provisions that characterize the main subject of verification (content and results). Regulatory authorities still have to do a significant amount of work before the definition of content will cover all areas of the educational program in full.
It is important to take into account when exercising state control in education that its result is the formation of certain competencies (for example, a certain level of development of oral speech). That is, for quality control structures, the relationship between the content of training and the competencies obtained becomes the subject for consideration, it is in this area that inconsistencies are being searched.
The system of measures for detecting violations, provided for by the state control of the quality of education
Situations where a violation is detected by federal state supervision are fully covered by Federal Law 294. Upon completion of the check, an order is issued.
State control of the quality of education for cases of detection of inconsistencies provides for a different system of measures. Control authorities immediately issue an order to suspend the certificate of state accreditation until the violation is eliminated. The established term for elimination is 6 months (the same time is given for the implementation of state supervision orders).
Non-fulfillment of instructions in the field of education received as a result of state control is followed by a second instruction (the deadline for execution is reduced to 3 months) and at the same time a protocol is drawn up and a special administrative act is issued that stops admission to this educational institution (previously, termination of admission was possible only after how the court decided on the legality of the protocol).
Features of the state control procedure in the field of education: options for the development of events after sending the protocol to the court
If a decision is received from the judicial authorities that the proceedings have been terminated, this means that the guilt has not been confirmed, and, starting from the date the court decision comes into effect, admission to an educational institution can already be resumed. The corresponding order is issued by the controlling structures.
In the case of accepting the case for consideration and the subsequent definition of punishment, two options are possible. The first is the resumption of admission after an inspection and signing of an act on the complete elimination of violations within 30 days. Neglect of the requirements of supervisory authorities leads to less optimistic results. In the absence of information about the implementation of the repeated order and materials confirming the elimination of violations, the educational institution is threatened with suspension of the license for the period while the court considers and decides on its annulment, in full or in relation to certain areas of educational activity.
Thus, for quality checks, a kind of optimization of goals has taken place: the attention of the controlling structures is now concentrated on the results and content. At the same time, the path from identifying a particular violation within the framework of state control of the quality of education to depriving an educational institution of state accreditation has significantly shortened, which significantly increases the degree of responsibility of officials involved in the educational field.
1. State control (supervision) in the field of education includes federal state control over the quality of education and federal state supervision in the field of education, carried out by authorized federal executive bodies and executive bodies of the constituent entities of the Russian Federation exercising the powers of state control (supervision) transferred by the Russian Federation ) in the field of education (hereinafter - the bodies for control and supervision in the field of education).
2. The federal state control of the quality of education is understood as the activity to assess the compliance of the content and quality of training of students in state-accredited educational programs with federal state educational standards through the organization and conduct of quality control of education and the adoption, based on their results, of the measures provided for by part 9 of this article.
(Part 2 as amended by Federal Law No. 500-FZ of December 31, 2014)
3. Federal state supervision in the field of education is understood as activities aimed at preventing, detecting and suppressing violations by state authorities of the constituent entities of the Russian Federation exercising state administration in the field of education, and local governments exercising management in the field of education, and organizations exercising educational activities (hereinafter referred to as bodies and organizations), the requirements of the legislation on education through the organization and conduct of inspections of bodies and organizations, the adoption of measures provided for by the legislation of the Russian Federation to prevent and (or) eliminate the consequences of violations of such requirements identified.
4. The provisions of the Federal Law of December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" subject to the specifics established by this Federal Law.
5. The grounds for conducting unscheduled inspections of organizations engaged in educational activities, within the framework of state control (supervision) in the field of education, along with the grounds provided for by the Federal Law of December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the implementation state control (supervision) and municipal control" are:
(as amended by Federal Law No. 500-FZ of December 31, 2014)
1) identification by the accreditation body of a violation of the requirements of the legislation on education in the course of state accreditation of educational activities;
2) detection by the bodies for control and supervision in the field of education of a violation of the requirements of the legislation on education, including the requirements of federal state educational standards, based on monitoring data in the education system, provided for in Article 97 of this Federal Law.
(as amended by Federal Law No. 500-FZ of December 31, 2014)
6. In the event of a violation of the requirements of the legislation on education, the relevant body for control and supervision in the field of education issues an order to the body or organization that committed such a violation to eliminate the violation. The period of execution specified in the order may not exceed six months.
7. In case of non-fulfillment of the order specified in paragraph 6 of this article (including if the report submitted by the body or organization that committed such a violation does not confirm the fulfillment of the order within the time period established by it, or this report is not submitted before the expiration of the time limit for the execution of the order), the control body and supervision in the field of education initiates an administrative offense case in accordance with the procedure established by the Code of the Russian Federation on Administrative Offenses, re-issues an order to eliminate a previously uncorrected violation and prohibits admission to this organization in whole or in part. The term for the execution of a repeated order may not exceed three months.
(Part 7 as amended by Federal Law No. 500-FZ of December 31, 2014)
8. Before the expiration of the period for the execution of a repeated order, the body for control and supervision in the field of education must be notified by the body or organization of the elimination of violations of the requirements of the legislation on education with the attachment of documents containing information confirming the fulfillment of the specified order. Within thirty days after receiving such notification, the body for control and supervision in the field of education checks the information contained in it. Admission to an organization carrying out educational activities is resumed by decision of the body for control and supervision in the field of education from the day following the day of signing the inspection report establishing the fact of execution of the re-issued order, or from the day following the day the judicial act on termination of proceedings in the case of an administrative offense due to the absence of an administrative offense provided for in part 1 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation. In the event of a court decision to bring an organization engaged in educational activities and (or) officials of this organization to administrative responsibility for failure to comply with the instructions specified in Part 6 of this Article within the prescribed period and in case of failure to eliminate violations of the requirements of the legislation on education within the period established by the control body and supervision in the field of education deadline for the execution of a repeated order, the body for control and supervision in the field of education suspends the license to carry out educational activities of this organization in whole or in part and applies to the court with an application to cancel such a license. The validity of the license to carry out educational activities is suspended until the day the court decision enters into legal force. If the court decides to bring the public authority of the constituent entity of the Russian Federation exercising state administration in the field of education, or the local government authority exercising administration in the field of education, officials of these bodies to administrative liability for failure to comply within the established time limit specified in Part 6 of this Article instructions and in the event that these bodies fail to eliminate violations of the requirements of the legislation on education, within the deadline for the execution of a repeated order issued by the body for control and supervision in the field of education, the body for control and supervision in the field of education sends a proposal to a higher state authority of a constituent entity of the Russian Federation or a local self-government body on consideration of the issue of removal from office of the head of the state authority of the constituent entity of the Russian Federation exercising public administration in the field of education, or the head of the organization on local self-government, which manages in the field of education.
(Part 8 as amended by Federal Law No. 500-FZ of December 31, 2014)
9. In the event of a discrepancy in the content and quality of training of students in state-accredited educational programs with federal state educational standards, the body for control and supervision in the field of education suspends state accreditation in full or in relation to individual levels of education, enlarged groups of professions, specialties and areas of training and establishes a deadline for eliminating the identified non-compliance. This period may not exceed six months. Before the expiration of the period for eliminating the identified non-compliance, the body for control and supervision in the field of education must be notified by the organization carrying out educational activities about the elimination of the identified non-compliance with supporting documents attached. Within thirty days after receiving the notification, the body for control and supervision in the field of education checks the information contained in the notification on the elimination of the identified non-compliance by the organization carrying out educational activities. The action of state accreditation is resumed by decision of the body for control and supervision in the field of education from the day following the day of signing the act establishing the fact of eliminating the identified discrepancy. If, within the period established by the body for control and supervision in the field of education, the organization carrying out educational activities has not eliminated the identified discrepancy, the body for control and supervision in the field of education deprives the organization carrying out educational activities of state accreditation in full or in relation to individual levels of education , enlarged groups of professions, specialties and areas of training.
(Part 9 as amended by Federal Law No. 500-FZ of December 31, 2014)
10. Requirements for the implementation of state control (supervision) in the field of education over the activities of educational organizations implementing educational programs containing information constituting a state secret are established by the Government of the Russian Federation.
Law of the Russian Federation "On Education"- N 273-FZ - regulates social relations that appear in the field of education due to the realization by the population of the right to education. Provides state guarantees of freedoms and rights of people in the field of education and appropriate conditions for the realization of the right to education. Determines the legal status of the participants in the relationship within the framework of educational activities. Establishes the economic, legal, organizational basis of education in our country, the principles of state policy in the field of education, the rules for the operation of the educational system and the implementation of educational activities.
The article describes the types of inspections of an educational institution and the action plan of the head and staff of the school in preparation for them.
Working as the head of an educational institution for the 18th year, I had the opportunity to get acquainted with all types of inspections of an educational institution.
Regulations on state control in the field of education, approved. Decree of the Government of the Russian Federation dated March 11, 2011 No. 164 provides for the possibility of conducting scheduled and unscheduled inspections.
When exercising state supervision in the field of education, the subject of inspections is the observance by the governing bodies and organizations of the legislation of the Russian Federation in the field of education. The subject of unscheduled inspections is also the implementation by management bodies and organizations of instructions from authorized bodies to eliminate violations of the legislation of the Russian Federation in the field of education.
In the implementation of state control over the quality of education, the subject of inspections (scheduled and unscheduled) is the compliance of the content and quality of training of students and graduates with the requirements of federal state educational standards.
All checks are divided into documentary and field checks.
Documentary checks are carried out at the location of the authorized body by examining documents and information submitted by the audited management bodies, organizations and other persons, as well as analyzing information posted on the official websites of educational institutions on the Internet.
On-site inspections are carried out at the location and activities of the audited management bodies and organizations.
According to Article 11 of Law No. 294-FZ, the subject of documentary verification is the information contained in the documents of an educational organization that establishes the legal form, rights and obligations; documents used in carrying out the activities of the organization and related to the fulfillment of mandatory requirements and requirements established by municipal legal acts, the execution of instructions and resolutions of state control (supervision) bodies, municipal control bodies.
The subject of an on-site audit of an educational organization is the information contained in the documents, as well as the condition of the territories, buildings, structures, structures, premises, equipment, vehicles used in the implementation of activities, goods produced and sold by the educational organization (work performed, services provided) and measures taken to fulfillment of mandatory requirements.
An on-site inspection (both scheduled and unscheduled) is carried out at the location of the educational institution or at the place of actual implementation of its activities. An on-site inspection is carried out if, during a documentary inspection, it is not possible to:
Make sure of the completeness and reliability of the information contained in the documents of the educational institution at the disposal of the state control (supervision) body;
Assess the compliance of the activities of a legal entity with mandatory requirements without carrying out an appropriate control measure.
Separately, I will dwell on the list of gross violations during inspections:
1. Violation of the terms for scheduled inspections, conducting scheduled inspections not in accordance with the approved annual plans for scheduled inspections, violation of the deadlines for notifications of scheduled or unscheduled inspections.
2. Involvement of citizens and organizations that are not accredited in accordance with the established procedure to carry out control measures.
3. Carrying out an unscheduled inspection without established grounds or without the consent of the prosecutor's office (this is especially common).
4. Carrying out an inspection without an order or order of the head, deputy head of the state control (supervision) body.
5. Requiring documents that are not related to the subject of verification, exceeding the established deadlines for verification.
6. Failure to provide a completed inspection report.
7. Carrying out a scheduled inspection not included in the annual plan for scheduled inspections.
Our educational institution has developed a specific action plan to prepare for the test.
The plan for preparing an educational institution for testing is usually approved by my order. My plan includes the following activities:
1. Verification of documents regulating the activities of an educational institution.
2. Verification of documents confirming that the educational institution owns or on another legal basis equipped buildings, structures, structures, premises and territories.
3. Analysis of the charter and local acts for their compliance with the legislation of the Russian Federation.
4. Analysis of the state of documentation of an educational institution.
5. Analysis of the curriculum (plan of educational work).
6. Analysis of the implementation of educational programs.
7. Analysis of the implementation of the intra-school control plan.
8. Analysis of the state of documentation for the provision of paid additional educational services.
9. Analysis of compliance with license requirements and conditions.
Immediately before the check, I always inform the employees of the institution about the upcoming on-site or documentary check and the subject of its conduct. I inform the staff of the educational institution at meetings, meetings of the staff. I appoint by order an administrative worker responsible for preparing the educational institution for the upcoming inspection.
Forms of CNF implementation
Federal state supervision in the field of education - activities aimed at preventing, detecting and suppressing violations by organizations engaged in educational activities of the requirements of the legislation on education through the organization and conduct of inspections, the adoption of measures provided for by the legislation of the Russian Federation to suppress and (or) eliminate the consequences of identified violations of such requirements.
Federal state control of the quality of education - activities to assess the compliance of the content and quality of training of students according to state-accredited educational programs with federal state educational standards by organizing and conducting quality control of education and taking measures based on their results, provided for by law.
The subject of licensing control over educational activities is compliance with licensing requirements in the implementation of educational activities by organizations engaged in educational activities.
A documentary check is carried out at the location of the authorized body by analyzing and evaluating the information contained in the documents of an educational organization or an individual entrepreneur.
An on-site inspection is carried out at the location of the legal entity, the place of activity of an individual entrepreneur and (or) at the place of actual implementation of their activity. During the on-site inspection, officials of the authorized body have the right, within their competence and in accordance with the goals, objectives and subject of the inspection, to visit the organization, request documents and other information from the organization, get acquainted with the documents, inspect the territory, as well as the buildings used by the organization in the course of its activities. , buildings, structures, premises, equipment, to monitor the progress of the educational process and other actions provided for by the legislation of the Russian Federation.
Function execution result
Within the framework of license control, the result of the performance of the state function is confirmation of compliance by the controlled entity with license requirements, identification and ensuring the elimination of violations of license requirements. The result of the execution of the state function of licensing control is: 1) drawing up an act of checking the organization; 2) taking measures stipulated by the legislation of the Russian Federation in the event of a violation of licensing requirements (hereinafter referred to as a violation): - issuing an order to the organization that committed such a violation; - initiation of a case on an administrative offense in the manner prescribed by the Code of the Russian Federation on Administrative Offenses; - issuance of a repeated prescription (hereinafter referred to as a re-issued prescription); - in case of non-elimination of violations within the established period of execution of the re-issued order - bringing the licensee to administrative responsibility for failure to comply within the established period of the order to eliminate a gross violation of license requirements issued by the authorized body in the manner established by the legislation of the Russian Federation; - in the event of a court decision on bringing the licensee to administrative responsibility for failure to comply within the established period of the order to eliminate a gross violation of license requirements - issuance of a repeated order to eliminate a gross violation of license requirements and suspension within a day from the date this decision enters into legal force of the license for the implementation of educational activities (hereinafter referred to as the license) for the period of execution of the re-issued order; - renewal of the license upon establishing the fact of fulfillment of the re-issued order or applying to the court with an application for the annulment of such a license when establishing the fact of non-fulfillment of the re-issued order. The result of the execution of the state function for the implementation of federal state control of the quality of education is the confirmation of the compliance of the content and quality of training of students in organizations that carry out educational activities according to state-accredited educational programs, federal state educational standards through the organization and conduct of education quality checks. The result of the execution of the state function for the implementation of the federal state control of the quality of education is: a) drawing up an act of checking the organization; b) sending a notification to the organization about the non-conformity being detected during the audit; c) suspension of state accreditation in full or in respect of certain levels of education, enlarged groups of professions and specialties and setting a deadline for eliminating the identified discrepancy; d) deprivation of the organization of state accreditation in full or in respect of certain levels of education, enlarged groups of professions and specialties, if the organization has not eliminated the identified discrepancy within the period established by the authorized body. The result of the performance of the state function for the implementation of federal state supervision in the field of education is the confirmation of compliance by the controlled entity with the mandatory requirements in the field of education, the identification and elimination of violations of the requirements of legislation in the field of education. Based on the results of the execution of the state function, the following is carried out: Drawing up and sending (delivery) of the inspection report; Drawing up and sending (delivery) an order to eliminate the identified violations; Prohibition of admission to the organization in whole or in part on the basis of the administrative act of the authorized body; Drawing up a protocol on an administrative offense; Suspension of a license; Cancellation of a license based on a court decision.
Legal entities
Individual entrepreneur
Introductory information:
Authorized representatives of the organization, interested persons have the right to appeal against the actions (inaction) of specialists, as well as decisions taken (implemented) in the process of performing a state function, in a pre-trial procedure.
The subject of pre-judicial (out-of-court) appeal are actions (inaction) and decisions of officials of the authorized body, carried out (adopted) in the course of performing the state function.
These actions (inaction) and decisions can be appealed against:
superior official, head (deputy head) of the authorized body.
The basis for starting the pre-trial (out-of-court) appeal procedure is the registration of the complaint with the authorized body.
The complaint is submitted in writing or in the form of an electronic document and must contain:
The name of the state body, official, or civil servant whose decisions and actions (inaction) are being appealed;
The name of the organization, or the surname, name, patronymic (the last one, if any) of the citizen;
Postal address to which the response should be sent, notice of redirection of the complaint;
The name of the state body to which the complaint is sent, or the last name, first name, patronymic of the relevant official, or the position of the relevant person to whom the complaint is sent;
The nature of the complaint;
Signature of an authorized representative of the organization or surname, name, patronymic (last - if any) of a citizen;
Copies of documents confirming the information contained in it may be attached to the complaint.
When considering an appeal (complaint), applicants have the right to submit additional documents and materials or apply for their reclamation; get acquainted with the documents and materials related to the consideration of the appeal, if this does not affect the rights, freedoms and legitimate interests of other persons and if the said documents and materials do not contain information constituting a state or other secret protected by federal law.