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 18 years, 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 implementing state supervision in the field of education, the subject of inspections is compliance by governing bodies and organizations with 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.
When implementing 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 inspections are divided into documentary and on-site.
Documentary checks are carried out at the location of the authorized body by studying documents and information provided by the inspected management bodies, organizations and other persons, as well as analyzing information posted on official websites educational institutions on the Internet.
On-site inspections are carried out at the location and location of the activities of the inspected 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 educational organization establishing the organizational and legal form, rights and obligations; documents used in the implementation of the organization’s activities and related to the execution mandatory requirements and requirements established by municipal legal acts, execution of instructions and resolutions of state control (supervision) bodies, municipal control bodies.
The subject of an on-site inspection of an educational organization is the information contained in the documents, as well as the condition of the territories, buildings, structures, structures, premises, equipment used in the implementation of activities, Vehicle, goods produced and sold by the educational organization (work performed, services provided) and measures taken to comply with 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:
Verify the completeness and reliability of the information contained in the documents of the educational institution available to the state control (supervision) body;
Assess the compliance of the activities of a legal entity with mandatory requirements without carrying out appropriate control measures.
I will separately dwell on the list of gross violations during inspections:
1. Violation of the deadlines for conducting 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 not accredited in accordance with the established procedure in carrying out control measures.
3. Conducting an unscheduled inspection without established grounds or without agreement with the prosecutor’s office (this is especially common).
4. Conducting an inspection without a directive or order from the head, deputy head of the state control (supervision) body.
5. Request for documents not related to the subject of the inspection, exceeding the established inspection time limits.
6. Failure to provide a completed inspection report.
7. Conducting 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 inspection is usually approved by my order. The plan includes the following activities:
1.Checking documents regulating the activities of an educational institution.
2. Verification of documents confirming that the educational institution owns or has on any other legal basis equipped buildings, structures, structures, premises and territories.
3. Analysis of the charter and local acts for compliance with the legislation of the Russian Federation.
4.Analysis of the state of documentation of an educational institution.
5.Analysis curriculum(plan of educational work).
6.Analysis of the implementation of educational programs.
7.Analysis of the implementation of the internal school control plan.
8.Analysis of the state of documentation for the provision of paid additional educational services.
9.Analysis of compliance with licensing requirements and conditions.
Immediately before the inspection, I always inform the employees of the institution about the upcoming on-site or documentary inspection and the subject of its conduct. I inform the staff of the educational institution at meetings and staff meetings. I appoint by order an administrative employee responsible for preparing the educational institution for the upcoming inspection.
1. State control(supervision) in the field of education includes federal state control of the quality of education and federal state supervision in the field of education, carried out by authorized federal bodies executive power and executive authorities of the subjects Russian Federation exercising powers delegated by the Russian Federation for state control (supervision) in the field of education (hereinafter referred to as bodies for control and supervision in the field of education).
2. Federal state control of the quality of education refers to activities aimed at assessing the conformity of the content and quality of training of students in federal state educational programs that have state accreditation educational standards through organizing and conducting inspections of the quality of education and taking the measures provided for in Part 9 of this article based on their results.
(Part 2 ed. Federal Law dated December 31, 2014 N 500-FZ)
3. Federal state supervision in the field of education means activities aimed at preventing, identifying and suppressing violations by authorities state power subjects of the Russian Federation carrying out public administration in the field of education, and local government bodies exercising management in the field of education, and organizations carrying out educational activities (hereinafter referred to as bodies and organizations), the requirements of legislation on education through organizing and conducting inspections of bodies and organizations, taking preventive measures provided for by the legislation of the Russian Federation and (or) eliminating the consequences of identified violations of such requirements.
4. The provisions of the Federal Law of December 26, 2008 N 294-FZ “On the Protection of Rights” apply to relations related to the implementation of state control (supervision) in the field of education over the activities of organizations engaged in educational activities. legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" taking into account the specifics established by this Federal Law.
5. The grounds for conducting unscheduled inspections of organizations carrying out 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 of state control (supervision) and municipal control" are:
(as amended by Federal Law dated December 31, 2014 N 500-FZ)
1) identification by the accreditation body of violations of the requirements of legislation on education during state accreditation educational activities;
2) identification by bodies of control and supervision in the field of education of violations of the requirements of 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 dated December 31, 2014 N 500-FZ)
6. If a violation of the requirements of the legislation on education is detected, 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 identified violation. The period of execution specified in the order cannot exceed six months.
7. In the event of failure to comply with the order specified in Part 6 of this article (including if the report submitted by the body or organization that committed such a violation does not confirm the execution of the order within the period established by it or this report was not submitted before the expiration of the deadline for fulfilling the order), the control body and supervision in the field of education initiates a case regarding administrative offense in the manner established by the Code of the Russian Federation on Administrative Offenses, re-issues an order to eliminate the previously unresolved violation and prohibits admission to this organization fully or partially. The period for execution of a repeatedly issued order cannot exceed three months.
(Part 7 as amended by Federal Law dated December 31, 2014 N 500-FZ)
8. Before the expiration of the deadline for the execution of a re-issued order, the body for control and supervision in the field of education must be notified by the body or organization about the elimination of the violation of the requirements of the legislation on education, accompanied by documents containing information confirming the execution of the specified order. Within thirty days after receiving such a notification, the education control and supervision authority shall verify the information contained therein. 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 of entry into force judicial act on the termination of proceedings in a case of an administrative offense due to the absence of the elements of an administrative offense provided for in Part 1 of Article 19.5 of the Code of the Russian Federation on Administrative Offences. If the court makes a decision to bring an organization carrying out educational activities and (or) officials of this organization to administrative liability for failure to comply with fixed time the order specified in part 6 of this article and in case of failure to eliminate violations of the requirements of the legislation on education within the deadline established by the body for control and supervision in the field of education for the execution of the repeatedly issued order, the body for control and supervision in the field of education suspends the license to carry out educational activities of this organization completely or partially and applies to the court to cancel such a license. The license to carry out educational activities is suspended until the day the court decision enters into legal force. If the court makes a decision to bring a government body of a constituent entity of the Russian Federation exercising public administration in the field of education, or a local government body exercising administration in the field of education, officials of these bodies to administrative liability for failure to comply within the prescribed period with what is specified in Part 6 of this article instructions and if these bodies fail to eliminate violations of the requirements of the legislation on education, within the deadline established by the body for control and supervision in the field of education for the execution of the repeatedly issued order, the body for control and supervision in the field of education sends a proposal to the higher government body of the constituent entity of the Russian Federation or local government body consideration of the issue of removing from office the head of a government body of a constituent entity of the Russian Federation exercising public administration in the field of education, or the head of a local government body exercising administration in the field of education.
(Part 8 as amended by Federal Law dated December 31, 2014 N 500-FZ)
9. If a discrepancy is detected in the content and quality of training of students in educational programs with state accreditation to 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 sets a deadline for eliminating the identified nonconformity. The specified period cannot exceed six months. Before the expiration of the period for eliminating the identified inconsistency, the control and supervision body in the field of education must be notified by the organization carrying out educational activities about the elimination of the identified inconsistency 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 about the elimination of the identified non-compliance by the organization carrying out educational activities. The validity of state accreditation is renewed 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 that the identified discrepancy has been eliminated. 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 certain levels of education , enlarged groups of professions, specialties and areas of training.
(Part 9 as amended by Federal Law dated December 31, 2014 N 500-FZ)
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-ФЗ - regulates public relations emerging in the field of education due to the realization by the population of the right to education. Provides state guarantees freedoms and rights of people in the field of education and appropriate conditions for the realization of the right to education. Defines legal status participants in relationships within educational activities. Establishes the economic, legal, organizational basis of education in our country, principles public policy in the field of education, work rules educational system and implementation of educational activities.
It represents one of two areas of control in this area. The second is , the concept of which still corresponds to the definition approved along with the adoption of the Law on Education: the purpose of the supervisory inspection is to detect and on the part of organizations providing training.
The changes made under Federal Law No. 500 affected exclusively 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 Education Quality: Changing the Definition
The formulation that was in effect previously stated that in the process of state control, the quality of education is checked from the point of view of compliance of educational activities with the established standard, which covered the conditions and results of learning, as well as the requirements for implemented programs.
According to Federal Law 500, a clarification was made, which is valid from January 13, 2015. A significant difference is the change in the principle of assessment: state control in the field of education now evaluates quality only in terms of content and results, which must meet the standard. Conditions and structural requirements for programs are no longer considered as part of quality control.
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 characterizing the main subject of inspection (content and results). Regulatory authorities still have a significant amount of work to do before the definition of content fully covers all areas of the educational program.
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 development oral speech). That is, for quality control structures, the subject for consideration is the connection between the content of training and the competencies obtained; it is in this area that the search for inconsistencies is carried out.
System of measures for detecting violations, provided for by state control over the quality of education
Situations where a violation is discovered by federal state supervision are fully covered by Federal Law 294. Upon completion of the inspection, an order is issued.
State control of the quality of education for cases of detection of inconsistencies provides for a different system of measures. The control authorities immediately issue an order to suspend the certificate of state accreditation until the violation is eliminated. The established period for elimination is 6 months (the same time is given for compliance with state supervision orders).
Failure to comply with instructions in the field of education, received as a result of state control, is followed by a repeated order (the execution period is reduced to 3 months) and at the same time a protocol is drawn up and a special administrative act is issued, which 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 procedure for state control 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 in the case have been terminated, this means that the guilt has not been confirmed, and, starting from the date the court decision comes into force, admission to the educational institution can already be resumed. The corresponding order is issued by controlling structures.
If the case is accepted for consideration and the punishment is subsequently determined, two options are possible. The first is the resumption of admission after an inspection is carried out within 30 days and a certificate of complete elimination of violations is signed. 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 to cancel it, completely or in relation to individual directions educational activities.
Thus, for quality checks, a kind of optimization of goals has occurred: the attention of control structures is now concentrated on results and content. At the same time, the path from identifying one or another violation within the framework of state control over the quality of education to deprivation of educational institution state accreditation, which significantly increases the degree of responsibility of officials involved in the educational field.
Forms of implementation of the CNF
Federal state supervision in the field of education - activities aimed at preventing, identifying and suppressing violations by organizations engaged in educational activities of the requirements of legislation on education through organizing and conducting inspections, taking 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 is an activity to assess the compliance of the content and quality of training of students in educational programs with state accreditation to federal state educational standards by organizing and conducting inspections of the quality 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 when carrying out educational activities by organizations carrying out 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 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 activities. During an 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 documents, inspect the territory, as well as buildings used by the organization in carrying out its activities , buildings, structures, premises, equipment, monitor the progress educational process and other actions provided for by the legislation of the Russian Federation.
Result of function execution
As part of licensing control, the result of execution state function is to confirm compliance by the controlled entity with licensing requirements, identify and ensure elimination of violations of licensing requirements. The result of the execution of the state function of licensing control is: 1) drawing up an inspection report of the organization; 2) taking measures provided for by the legislation of the Russian Federation in the event of a violation of licensing requirements (hereinafter referred to as the violation): - issuing instructions to the organization that committed such a violation; -initiation of a case regarding an administrative offense in the manner established by the Code of the Russian Federation on Administrative Offences; - re-issuance of an order (hereinafter referred to as a re-issued order); - in case of failure to eliminate violations within the established period of execution of a re-issued order - bringing the licensee to administrative responsibility for failure to comply within the established period with an order to eliminate a gross violation of licensing requirements issued by the authorized body in the manner established by the legislation of the Russian Federation; - in the event of a court decision to bring the licensee to administrative liability for failure to comply within the established period with an order to eliminate a gross violation of licensing requirements - issuing a repeated order to eliminate a gross violation of licensing requirements and suspending the validity of the license within 24 hours from the date of entry into force of this decision carrying out educational activities (hereinafter referred to as the license) for the period of execution of the re-issued order; -renewal of the license when it is established that a repeatedly issued order has been fulfilled, or an application to the court for the annulment of such a license when it is established that a repeatedly issued order has not been fulfilled. The result of the execution of the state function of implementing federal state control over the quality of education is confirmation of the compliance of the content and quality of training of students in organizations carrying out educational activities according to educational programs with state accreditation, federal state educational standards through the organization and conduct of education quality checks. The result of the execution of the state function of implementing federal state control of the quality of education is: a) drawing up an inspection report of the organization; b) sending a notification to the organization about non-compliance being detected during the inspection; c) suspension of state accreditation in full or in relation to certain levels of education, enlarged groups of professions and specialties and setting a deadline for eliminating the identified discrepancies; d) deprivation of the organization of state accreditation in full or in relation to individual levels of education, enlarged groups of professions and specialties, if the organization has not eliminated the identified discrepancy within the time period established by the authorized body. The result of the execution of the state function of federal state supervision in the field of education is confirmation of compliance by the controlled entity with mandatory requirements in the field of education, identification and elimination of violations of legal requirements 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 (delivering) an inspection report; Drawing up and sending (delivery) orders to eliminate identified violations; Prohibition of admission to the organization in whole or in part on the basis of an administrative act of the authorized body; Drawing up a protocol on an administrative violation; Suspension of license; Cancellation of a license based on a court decision.
Legal entities
Individual entrepreneur
Introductory information:
Authorized representatives of the organization and interested parties have the right to appeal the actions (inaction) of specialists, as well as decisions made (implemented) in the process of performing a state function, in a pre-trial manner.
The subject of pre-trial (extrajudicial) appeal is the actions (inaction) and decisions of officials of the authorized body, carried out (adopted) in the course of performing a state function.
The specified actions (inaction) and decisions can be appealed:
to a higher 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 to writing or in the form of an electronic document and must contain:
Name government agency, an official or civil servant whose decisions and actions (inaction) are being appealed;
Name of the organization, or surname, first name, patronymic (the latter - if available) of the citizen;
The postal address to which the response and notice of forwarding of the complaint should be sent;
The name of the government body to which the complaint is sent, or the last name, first name, patronymic of the relevant official, or the position of the corresponding person to whom the complaint is sent;
The essence of the complaint;
Signature of an authorized representative of the organization or last name, first name, patronymic (last if available) of the 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 present additional documents and materials or make a request for their recovery; get acquainted with documents and materials related to the consideration of the application, if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contain information constituting a state or other secret protected by federal law.
Subtopic 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 authorized bodies in accordance with their powers. The grounds for conducting unscheduled inspections are regulated by this law.
The subject of the documentary check 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 regulations. In the process of conducting a documentary check, officials of the state control body examine the documents of a legal entity at the disposal of the state control body. At the same time Art. 11 of the Federal Law provides the right, if the information at the disposal of the authority does not allow assessing the fulfillment of mandatory requirements, to send a request to the institution with a 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 where it actually carries out its activities.
Considering that during a documentary inspection it is quite 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), the main form of inspection is an on-site inspection.
Subtopic 4.2. Timing and frequency of inspection
Federal law contains requirements for the timing and frequency of inspections. The duration of each inspection cannot 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 from officials of the state control (supervision) body conducting an on-site scheduled inspection, the period for conducting an on-site scheduled inspection may be extended by the head of such body, but not more than twenty working days.
The period for conducting an on-site and documentary inspection 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 timing of inspections in relation not only to branches, but also to representative offices of organizations. In case of quality control of education this norm does not apply, because according to clause 7.art. 12 of the Law of the Russian Federation “On Education”, conducting educational activities in representative offices of an educational institution is prohibited.
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 has its own characteristics in this matter. According to paragraph 9 of Art. 9 of the Federal Law in relation to legal entities carrying out activities in the field of healthcare, education, in social sphere, scheduled inspections can be carried out two or more times every 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 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 - actions of an official or officials of the state control body and experts and expert organizations involved, if necessary, in the prescribed manner in conducting inspections, 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 educational programs implemented by the institution (scientific organization) with their level and focus. In addition, during the audit, proposals are formulated to take measures to eliminate identified inconsistencies.
The activities of an educational institution (scientific organization) are 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 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 control measures, it can be analyzed wide range documents of the institution (scientific organization).
Diagram 4. List of documents analyzed during activities to control the quality of education
Options for control measures and documents analyzed during them are presented in Appendix No. 1.
Subtopic 4.4. List of control measures for conducting 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.
List of control measures - a list of inspection tasks that can be applied to all types of educational institutions ( scientific organizations) and has been used for implementation by many performers in different conditions.
The list of control measures for conducting education quality control checks 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.
Test questions on topic 4
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 conducting an inspection?
4. What is the frequency of scheduled inspections in the field of education?