The legal framework for education is an important issue that deserves detailed consideration and study. Currently, higher education plays a crucial role in the social and economic policy of the country. That is why the legal support of education is so important, especially during the reform of the industry.
Modern tendencies
Currently, there is an internationalization in the field of higher education. Now a single educational space is being created. After our country became a full-fledged participant in the Bologna educational system, the legal support of the education system became especially relevant.
Signs and Features
Regulatory support of education presupposes certain norms. The legal act synthesizes in itself the general mandatory rules of conduct created and protected by the state. The general constitutional acts include the country's constitution, other laws, various regulatory documents that are approved by executive authorities.
Regulatory acts quickly and fully characterize the changing development needs. They provide the necessary stability and effectiveness of legal regulation.
Other sources of law, such as administrative and judicial precedents, do not have general regulatory importance.
Important points
The legal framework for education is characterized by several important components. For example, the system of educational and developmental process is regulated by laws. Under the law understand the normative act, which is adopted by the highest legislative body or as a result of a referendum.
The main law in the national system of schools, kindergartens, colleges, academies, and institutes is the law "On Education".
What is a legal norm?
Regulatory support of activities in education is an important and necessary tool for managerial work. The term "norm" is considered as the legalized establishment of the mandatory order, the construction of a new system. The term “law” is considered as a set of mandatory general rules that are authorized or established by the state.
What should be the legal support in the field of education? It is based on morality and law, aimed at ensuring the safety of teachers and students in any educational institution.
Systems approach
In order to assess the regulatory support of the education of the Russian Federation, it is necessary to consider this issue from the perspective of a systematic approach at the regional, federal, municipal levels, as well as within a separate educational organization.
The content, meaning, use of any normative and legal acts are primarily determined by the freedoms and human and civil rights that are established by the basic law of our country - the Constitution. Therefore, the regulatory support of the education of the Russian Federation is based on the Constitution of the Russian Federation, legislative documents of the country, regulatory orders and orders of the Ministry of Education and Science in the Russian Federation. Also, this system includes orders of regional, municipal authorities, orders for specific educational organizations.
The legal framework for secondary education considers the rights and obligations of citizens, which are declared in the Constitution of our country, on the basis of which the modern legislation of the Russian Federation operates (Federal Law of December 29, 2012 No. 273, Art. 29).
The implementation of educational activities is connected with labor legislation, the law of the Russian Federation “On Education”, laws on entrepreneurship, the Civil Code of the Russian Federation, laws related to criminal and administrative law.
Normative documents of the Ministry of Education of the Russian Federation
They include the decisions of the relevant ministry, instructions, orders, methodological letters, and regulations on various areas of educational work. These documents regulate the main educational work on the basis of the Constitution, the law "On Education". They are aimed at legal and regulatory support, covering many areas of the teaching activities of a single Russian system.
Inclusive
What is it? The legal support of inclusive education is based on the Constitution of the Russian Federation, the order of the Ministry of Education and Science of the Russian Federation, Federal Law "On Education", dated December 29, 2012, art. 2. In connection with the increase in the number of children in the country with serious physical and mental health problems, at the level of the Government of the Russian Federation, it was decided to organize special education. As part of a national project designed to educate children with disabilities, teachers received special training, received certificates for the right to work remotely with children with disabilities.
The legal framework for inclusive education is based on the basic human rights that are specified in the Constitution of the Russian Federation, in particular, on receiving high-quality free education. In each Russian region, additional regional orders and orders have been developed that specify the features of the organization of such training. In all Russian regions, special centers have been created to coordinate the activities of distance teachers, ensuring the availability and quality of upbringing and education of children with disabilities.
At the federal level, activity is based on federal standards. The structure and totality of regulatory documents is similar to the federal system, it distinguishes orders, decisions of the regional ministry, instructional letters, regulations, instructions.
Such standards guarantee the functioning of the regional educational system within the framework of the country's total educational space, taking into account the regional and national characteristics of each subject of the Russian Federation.
Preschool
What is the legal framework for preschool education? It is characterized by the same regulatory documents that are applicable to other areas of Russian education. At the municipal level, orders and instructions are based on regional and federal regulatory documents (Art. 10 FZ 115 of July 25, 2002). After they are received, the municipal authority for preschool education issues orders, instructions, sends instructions and letters to preschool institutions, and distributes provisions on different issues of educational and educational activities, given the specific features of a particular territory.
Regulatory support of preschool education should not contradict the Constitution of the Russian Federation, the Convention on the Rights of the Child, labor, criminal, administrative law.
Among the important changes that have occurred recently in pre-school Russian education, it is necessary to highlight the decree of the Ministry of Education of the Russian Federation on the organization of access to attendance of kindergartens by children from the age of three. This order helped restore the system of preschool education, and allowed young mothers to go to work after parental leave.
Additional
Recently, special attention has been paid to issues related to the organization of extracurricular employment of the younger generation. What is the legal support of further education in our country? In addition to the Law on Education, the Convention on the Rights of the Child, special orders, orders, instructions of the regional ministries of education and science, and municipal administrations are issued in this area. According to the order of the Ministry of Education of the Russian Federation, at the moment there is a huge system of additional education in the country, covering different areas (Article 75, Federal Law of December 29, 2012 No. 273).
With the obvious priority of federal, regional, municipal standards, each such center has its own local acts: the charter of the organization, the rules of the work schedule, the provision on surcharges - on the basis of which the activities of this organization are carried out. In connection with the enlargement of educational organizations, which is currently taking place in many Russian regions, another important issue should be addressed.
Among the local acts that ensure the functioning of the center of continuing education, which is a structural unit of the school, it is worth highlighting the provisions on the various structural units of the school, the rules and features of the organization of the educational process in them.
Also, as regulatory documents that are related to the organization of activities in the center of further education, it is necessary to mention the orders and instructions of the director, various instructions that are developed by the administration. For example, as a similar document, you can consider the rules of the internal labor schedule. Also, normative legal acts, without which it is impossible to provide additional education, include job descriptions. The director of the center is engaged in its development and approval, taking into account the opinion of the trade union committee of the organization, the proposals of employees.
Higher
The reform observed in recent years in the educational system of the Russian Federation has not spared the studies in higher educational institutions. The legal support of vocational education is based on the Constitution of the Russian Federation, basic laws, and orders that are directly related to this issue.
In addition to the application of the law “On Education” (December 29, 2012, Article 3), the competence of vocational education institutions includes the right to develop and normatively approve curricula, educational programs, and specific subjects. Such powers characterize the principle of autonomy of Russian educational institutions. The competence that ensures the implementation of the principle of autonomy has changed significantly.
According to the requirements of new educational standards, the responsibility of the head of the organization for the consequences and results of the educational activities of the organization entrusted to him in the framework of official duties has been increased. In particular, in the manner prescribed by the legislation of the country, a higher education institution is responsible for the following actions:
- failure to perform the functions assigned to the educational institution within the competence;
- for incomplete implementation of basic educational programs;
- for the low quality of knowledge and skills of graduates;
- for violation of fundamental freedoms and rights of students, pupils, employees of this organization;
- for the health and life of workers and students as part of the educational process.
International Documents
In addition to regulatory documents of the federal, regional, district level relating to the conduct of activities of an educational organization of any type, some regulatory international documents related to the organization of an educational and development process are important. So, the International Convention on the Rights of the Child, which was adopted at the 44th session of the UN General Assembly in 1989 and ratified in our country in 1990, cannot be left without due attention. This document must be used when developing an educational organization of the Regulation on the rights and obligations of students in the framework of the cognitive process. The Convention outlines the foundations of secular education, which is important to use when drawing up innovative educational programs at different levels of educational activity.
Modern legislation regulates relations in the field of education. Children's rights, forms and methods of their protection are indicated in the legislation of our country, as well as in international documents.
A few words in conclusion
The main document that defines the features of educational, developing, training processes in our country is the law "On Education".
After Russia joined the Bologna Convention in 2003 (recognition of the "Declaration on the European Space for Higher Education"), substantial reforms of higher, secondary and pre-school education took place.
Russian law establishes equal opportunities for all citizens of the country to receive education at any level, regardless of nationality, race, gender, material capabilities.
It is on this provision of the law "On Education" that all regional and municipal bodies should be based, developing certain orders, instructions, and instructions regarding the upbringing and education of the younger generation of Russians.
Among the features that have appeared in the Russian educational system are openness and accessibility. Currently, parents can familiarize themselves with curricula, developmental programs implemented in a particular educational institution. To do this, it is enough for them to carefully study the information site of the organization, which, according to the requirements of domestic law, currently has every school, college, university. This will help parents not to be observers in the process of teaching their children, but to be active participants.