04.09.08 //11:10 Yuri Anatolyevich
The charter of an educational institution is an official regulatory local document based on legislation, adopted in in due course competent body (the founder or a person authorized by him) and regulating relations within a particular organization. The function of a local act is to detail, concretize, supplement, replenish the general legal norm in relation to the conditions of an educational institution, taking into account the existing features, the specifics of the educational and educational process.
The charters of educational institutions transform the right to education, enshrined in the Law of the Russian Federation "On Education", into specific individual rights, providing for appropriate guarantees and the procedure for their implementation. Charters in a concentrated form regulate the powers of participants in relations in the field of education.
The function of this legal act has a dual role, indicated in the Law of the Russian Federation "On Education". On the one hand, it is the legal basis on the basis of which the activities of an educational institution are carried out. In accordance with the Law of the Russian Federation "On Education", this institution is currently recognized as a legal entity. The charter regulates its goals and objectives, organizational structure, form of management, economic and economic aspect of activity, etc. On the other hand, the charter is the main normative act regulating legal status participants educational process and especially the students.
Answered the question: Feklin Sergey Ivanovich, lawyer-expert of the Federal operator for the implementation of PNPO; Deputy Director of the Center for Regulatory Legal Support of the Federal State Educational Institution of the Agroindustrial Complex and PPRO
the main document that determines the procedure for the functioning of an educational institution (EI), which must indicate the name, location, status of the educational institution; founder; legal form of OS; goals of the educational process, types and types of implemented educational programs; the main characteristics of the organization of the educational process; financial and economic activity OU; the procedure for managing an educational institution; rights and obligations of participants in the educational process; a list of types of local acts (orders, instructions, and other acts) regulating the activities of the educational institution. (3)
Great Definition
Incomplete definition ↓
CHARTER of an educational institution
a document defining the procedure for the activities of an educational institution. The U. indicates: the name, location (legal, actual address), status, founder and legal form of the educational institution; goals of the educational process, types and types of programs being implemented; main characteristics of the educational process (the language in which education and upbringing is conducted; the procedure for the admission of students, pupils; the duration of training at each stage; the procedure and grounds for expelling students; the assessment system for intermediate certification, the forms and procedure for its conduct; the mode of the educational institution; the availability of paid additional educational services and the procedure for their provision; the procedure for regulating and formalizing relations between an educational institution and students, pupils and their parents or legal representatives); structure of financial and economic activity; the procedure for managing an educational institution (the competence of the founder; the structure and formation of management bodies, their competence and organizational activities; the recruitment of employees and the conditions for remuneration for their work; changing the regulations; reorganization and liquidation of the educational institution; the rights and obligations of participants in the educational process; a list of types of local acts - orders, instructions and other acts regulating the activities of an educational institution). U. in the part not regulated by law Russian Federation in the field of education, is developed by the educational institution independently and approved by its founder. Local acts cannot contradict the U. and are subject to registration as additions to the U.
CHARTER
educational institution
1. GENERAL PROVISIONS
1.1. Educational institution "____________________________________", (full name of the educational institution)
Hereinafter - "Educational Institution", established in accordance with the Civil Code of the Russian Federation, the Law of the Russian Federation "On Education" dated July 10, 1992 N 3266-1 and _____________________ for the purpose of ____________________________________. (date, number and title of other required documents)
1.2. The educational institution is a non-profit/commercial educational institution.
1.3. Full official name of the Educational Institution:
full name: ________ "__________________";
short name: _________ "__________________".
1.4. Location of the Educational Institution ____________________.
1.5. The founder of the Educational Institution is _______________, hereinafter referred to as the "Founder". The owner of the property assigned to the Educational Institution is ____________.
1.6. An educational institution is a legal entity from the moment of state registration in the manner prescribed by the law on state registration of legal entities, has separate property, an independent balance sheet, settlement, currency and other accounts in banking institutions, a round seal with its name and the name of the Founder, a stamp, forms, emblem and other details approved in accordance with the established procedure, acquires property and non-property rights, can be a plaintiff and a defendant in court, arbitration court and arbitration court.
1.7. An educational institution is liable for its obligations to the extent of the funds at its disposal. Subsidiary liability for the obligations of the Educational Institution is borne by the owner of the property assigned to the Educational Institution.
1.8. An educational institution may, on a voluntary basis, join unions, associations and other associations on territorial and other grounds, as well as international organizations.
1.9. An educational institution has the right to make legal acts both in the Russian Federation and outside the state with institutions and enterprises of various forms of ownership and individuals.
2. GOALS AND OBJECTIVES OF THE EDUCATIONAL INSTITUTION
2.1. The main objectives of the Educational Institution are:
2.1.1. _____________________________________________________;
2.1.2. _____________________________________________________.
2.2. The main tasks of the Educational Institution are:
2.2.1. _____________________________________________________;
2.2.2. _____________________________________________________;
2.2.3. _____________________________________________________;
2.2.4. _____________________________________________________.
2.3. In order to achieve its statutory goals and fulfill its tasks, the Educational Institution has the right to provide paid additional educational services to the population, enterprises, institutions and organizations that are not provided for by the relevant educational programs and state standards. Additional services (paid) include:
2.3.1. _______________________________________________________________; (for example, in-depth study of the English language)
2.3.2. _________________________________________________________________. (in-depth study of information and communication technologies, etc.)
2.4. Paid Additional services cannot be provided as a substitute for the main activity of the Educational Institution.
2.5. When providing paid additional educational services, an educational institution concludes an agreement in writing with the consumer of such services.
2.6. The income from the activities specified in clause 2.3 of this Charter is used by the Educational Institution in accordance with the statutory purposes.
3.1. Education at the Educational Institution is conducted in ___________ language__.
3.2. An educational institution carries out the educational process in the following order:
First stage ____________________________________________;
Second stage ____________________________________________;
Third stage ____________________________________________;
- ___________________________________________________________.
3.3. The objectives of the first stage of education are: ____________________.
3.4. The tasks of the second stage of education are: ____________________.
3.5. The tasks of the third stage of education are: ___________________.
3.6. __________________________________________________________________.
3.7. In addition to compulsory subjects, subjects may be introduced at the choice of the students themselves, aimed at the realization of interests, abilities and opportunities.
4. ORGANIZATION OF THE EDUCATIONAL PROCESS
4.1. The organization of the educational process in an educational institution is regulated by __________________________.
4.2. The Educational Institution uses a ___________ grading system.
4.3. The Educational Institution has the following system of intermediate assessment of students:
4.3.1. ___________________________________________________________;
4.3.2. ___________________________________________________________.
4.4. Intermediate attestation of students is carried out in the following forms: _____________________________.
4.5. The main form of education in the Educational Institution is the ___________ education system.
4.5.1. Taking into account the needs and possibilities of the student, educational programs are mastered in the following forms: ___________________________.
4.5.2. The decision on the application of the forms of education specified in clause 4.5.1 is made by ______ with the consent of the student's parents / legal representatives.
4.6. The number of classes in an Educational Institution is determined depending on the number of applications submitted by citizens and the conditions created for the implementation of the educational process, and taking into account sanitary standards and control standards established by the current legislation of the Russian Federation.
4.7. The occupancy of classes in an educational institution is set in the number of ______ students.
4.8. The academic year at the Educational Institution begins on "___" _____________. The duration of the academic year is: ____________.
4.9. The following mode of classes is established in the Educational Institution: _______________________________.
4.10. ______________________________________________________.
5. RIGHTS AND OBLIGATIONS OF PARTICIPANTS
EDUCATIONAL PROCESS
5.1. The main participants in the educational process at the Educational Institution are:
5.1.1. Teachers/tutors and others teaching staff(hereinafter referred to as "Teachers").
5.1.2. Learners.
5.1.3. ____________________________________________.
5.2. Teachers/teachers have the right to:
5.2.1. To get a job conditioned labor agreement with an educational institution.
5.2.2. For wages in accordance with the established rates.
5.2.3. On the material and technical support of their professional activities.
5.2.4. Develop and make proposals for improving educational work.
5.2.5. ________________________________________________.
5.3. Teachers/educators are required to:
5.3.1. Comply with the requirements of this Charter, the regime of the Educational Institution, internal regulations, job description, orders of the administration of the educational institution.
5.3.2. Timely and correctly maintain the documentation on the educational process established by the Educational Institution.
5.3.3. _________________________________________________.
5.4. Students have the right:
5.4.1. The choice of educational institution and form of education.
5.4.2. To respect and protect their rights, honor and dignity, personal integrity, appeal to the administration of the Educational Institution.
5.4.3. To receive additional, including paid, educational services provided for by this Charter.
5.4.4. __________________________________________________.
5.5. Students are required to:
5.5.1. To comply with this Charter, the decisions of the governing bodies of the Educational Institution, the orders of the administration of the Educational Institution, if they do not contradict this Charter and the current legislation.
5.5.2. Comply with the internal regulations, safety, sanitation and hygiene rules established in the Educational Institution.
5.5.3. __________________________________________________.
5.6. ____________________________________________________.
6. PROPERTY AND FACILITIES OF THE EDUCATIONAL INSTITUTION
6.1. The founder, on the right of ___________, assigns to the Educational Institution for the purposes of its statutory activities the necessary movable and immovable property on the basis of an agreement and an act of acceptance and transfer.
6.2. An educational institution ____________ assigned to it by the right of __________ property within the limits established by the current legislation of the Russian Federation, in accordance with the purpose of the property and the statutory goals of the activity.
6.3. An educational institution is responsible to the owner for the safety and efficient use of the property assigned to it.
6.4. An educational institution is liable for its obligations with the funds at its disposal. If the Educational Institution does not have these funds, the owner of the property assigned to the Educational Institution is liable for its obligations in the manner prescribed by the current legislation of the Russian Federation.
6.5. An educational institution independently carries out financial and economic activities, has an independent balance sheet and a personal account.
6.6. An educational institution has the right to conduct entrepreneurial and other income-generating activities provided for by this Charter.
6.6.1. The entrepreneurial activities of the Educational Institution include:
6.6.1.1. Provision of intermediary services.
6.6.1.2. Equity participation in the activities of other institutions (including educational ones) and organizations.
6.6.1.3. ____________________________________________.
6.6.2. The Founder and/or ________ has the right to suspend entrepreneurial activity An educational institution if it goes to the detriment educational activities provided for by this Charter, until __________.
6.7. Sources of formation of property and financial resources Educational institutions are:
6.7.1. Own funds of the educational institution.
6.7.2. Property transferred to the Educational Institution by the Founder.
6.7.3. Income received from entrepreneurial and other income-generating activities carried out by the Educational Institution independently.
6.7.4. _______________________________________________.
6.8. The educational institution establishes wages employees, including allowances and bonuses to official salaries, order and size of their bonuses.
7. MANAGEMENT OF AN EDUCATIONAL INSTITUTION
7.1. The bodies and forms of management in the Educational Institution are:
7.1.1. Director of the Educational Institution.
7.1.2. Pedagogical Council Educational institution.
7.1.3. Parental advice.
7.1.4. General meeting of the labor collective.
7.1.5. School parent meeting.
7.1.6. __________________________________.
7.2. Direct management of the Educational Institution is carried out by the Director.
7.2.1. The appointment and dismissal of the Director of the Educational Institution is carried out by the Founder in the manner prescribed by the current legislation of the Russian Federation.
7.2.2. The Director has the right / does not have the right to combine his position with another managerial position in the Educational Institution or outside it.
7.3. Director of the Educational Institution:
7.3.1. Plans and organizes the educational process, exercises control over its course and results, is responsible for the quality and efficiency of the work of the Educational Institution.
7.3.2. Represents the interests of the Educational Institution in state, municipal and other enterprises, institutions, organizations, acts without a power of attorney on behalf of the Educational Institution.
7.3.3. Is the manager of the funds of the Educational Institution within its competence.
7.3.4. Concludes on behalf of the Educational Institution contracts that do not contradict the current legislation of the Russian Federation and the statutory goals of the Educational Institution.
7.3.5. Within its competence, issues instructions, orders and directives that are binding on employees of the Educational Institution, students and their parents (legal representatives).
7.3.6. Approves the rules of internal work schedule Educational institution and Rules of conduct for students, other local acts, organizes and coordinates their implementation.
7.3.7. Organizes the development, approval and implementation of educational and curricula, curricula and other educational and methodological documents.
7.3.8. Approves academic plan, annual calendar chart and class schedule.
7.3.9. Submits a report on the results of the training and fiscal year for a subsequent report to the Founder, school-wide parent meeting, _________.
7.3.10. Compile and approve staffing, official duties workers.
7.3.11. Hires and dismisses pedagogical, administrative and service staff Educational institution.
7.3.12. He is the chairman of the pedagogical council of the educational institution.
7.3.13. ___________________________________________________.
7.3.14. ___________________________________________________.
7.4. The labor collective consists of all employees of the Educational Institution. The powers of the labor collective of the Educational Institution are exercised by the general meeting of the labor collective.
7.5. The general meeting of the labor collective of the educational institution has the right to:
7.5.1. Discussion and acceptance collective agreement, Internal Labor Regulations of the Educational Institution.
7.5.2. Election of candidates from the teaching staff in public organizations and governing bodies.
7.5.3. ____________________________________________________.
7.6. The general meeting of the labor collective is held _______ times in _______.
7.7. The Pedagogical Council of the Educational Institution is a permanent governing body to consider the main issues of the educational process. All teaching staff of the Educational Institution are members of the Pedagogical Council.
7.8. The Pedagogical Council is formed and carries out its activities on the basis of the Regulations on the Pedagogical Council of the Educational Institution, approved by the Director of the Educational Institution.
7.9. Pedagogical Council of the Educational Institution:
7.9.1. Develops the main directions and programs for the development of the Educational Institution, improving the quality of the educational process, submits them to the Director for subsequent approval.
7.9.2. Approves the work plan for the academic year.
7.9.3. Discusses and makes decisions on any issues related to the content of education.
7.9.4. Makes decisions on the forms, timing and procedure for conducting intermediate certification of students in non-graduation classes and on the number of subjects.
7.9.5. ___________________________________________________.
7.9.6. ___________________________________________________.
7.10. The school-wide parent meeting consists of all parents (legal representatives) of students in the Educational Institution.
7.10.1. The school-wide parent meeting meets ________ times in ____________.
7.10.2. The school-wide parent meeting elects the Parent Council from among its members, accepts the report of the Director of the Educational Institution on the basis of the results of the academic and financial year.
7.11. The Parent Council of the Educational Institution, which is a self-governing body, is elected at the schoolwide parent meeting and accountable to him for his activities.
7.11.1. The activities of the Parents' Council are regulated by this Charter and _____________ (for example, the Regulations on the Parents' Council).
7.11.2. The Parent Council meets _______ every _________.
7.12. The competences of the parent council are:
7.12.1. Assistance to the administration of the Educational Institution in improving the conditions for the implementation of the educational process, protecting the life and health of students, organizing and conducting school-wide events.
7.12.2. Organization of work with parents (legal representatives) of students to clarify their rights and obligations.
7.12.3. Assistance to the administration of the educational institution in organizing and holding school-wide parent meetings.
7.12.4. ___________________________________________________.
7.12.5. ___________________________________________________.
8. PROCEDURE FOR REORGANIZATION AND LIQUIDATION
EDUCATIONAL INSTITUTION
8.1. The creation, liquidation or reorganization of the Educational Institution as a legal entity is carried out on the basis of the decision of the Founder in accordance with the current legislation of the Russian Federation.
8.2. Liquidation or reorganization of the Educational Institution is carried out, as a rule, at the end of the academic year. The founder takes responsibility for the transfer of students to other educational institutions in agreement with their parents (legal representatives).
8.3. Upon liquidation of an educational institution cash and other objects of property, minus payments to cover their obligations, are directed to the development of education in accordance with this Charter.
8.4. An educational institution is considered to have terminated its activities after making an entry about it in the unified state register of legal entities.
9. PROCEDURE FOR AMENDING THE CHARTER AND LOCAL LEGAL ACTS OF AN EDUCATIONAL INSTITUTION
9.1. The Charter, amendments (additions) to the Charter are adopted by the general meeting of the labor collective of the Educational Institution after a preliminary discussion. The charter is considered adopted if at least two-thirds of the pedagogical council voted for it.
9.2. The charter, changes and additions to it are registered in the order established by the current legislation. The charter comes into force from the date of its state registration.
9.3. To ensure the statutory activities, the Educational Institution may issue the following types of local acts: regulations, declarations, rules, instructions, programs, schedules, staffing, class schedules, orders and orders of the Director, decisions of the governing and self-governing bodies of the Educational Institution, _____________.
Director of the Educational Institution _________________/_________________ (signature)
ORDER
approval of charters, amendments and (or) additions to the charters of municipal educational organizations municipality"Urban district" City of Kozmodemyansk "
1. General Provisions
1.1. This Procedure establishes the procedure for approving the charters, amendments and (or) additions to the charters (hereinafter referred to as the Charter) of municipal educational organizations of the municipal formation "City District" City of Kozmodemyansk "(hereinafter referred to as educational organizations).
1.2. Educational organizations are legal entities and act on the basis of the Statutes.
1.3. The functions of the founder of educational organizations are carried out by municipal institution"Education Department of the Administration of the Municipal Formation" Urban District "City of Kozmodemyansk" (hereinafter - the Department of Education).
1.4. The charter of the educational organization must comply with the requirements federal law dated December 29, 2012 No. 273-FZ “On Education in the Russian Federation”.
1.5. The charter of an educational organization is approved by the founder in the following cases:
Creation of an educational organization;
Introductions to the Charter of an educational organization significant changes and (or) additions, in which it is advisable to state the Charter in new edition. In other cases, changes and (or) additions to the Charter of the educational organization are approved.
1.6. The charter of the educational organization is approved by the order of the Department of Education.
2. The procedure for approving the Charter of an educational organization
2.1. The draft Charter is developed by the head and other authorized officials in an educational organization and is subject to acceptance at general meeting institutions.
2.2. The charter of an educational organization must contain, along with the information provided for by the legislation of the Russian Federation, the following information:
Type of educational organization;
Founder or founders of an educational organization;
Types of implemented educational programs indicating the level of education and (or) focus;
The structure and competence of the governing bodies of the educational organization, the procedure for their formation and terms of office.
2.3. On the title page of the Articles of Association in the upper right corner is the stamp "Approved" with a reference to the name of the approving document in the instrumental case, the date of approval and the number.
2.4. When the Articles of Association are approved in a new edition, “(new edition)” is indicated under the name.
2.5. The draft Charter developed by the educational organization is provided in two copies (one of them in in electronic format) for legal expertise in the Department of Education.
2.6. The Department of Education considers the draft Charter within 15 working days, checks the compliance of the form and content of the Charter with the established requirements and prepares a draft order of the Department of Education on the approval of the Charter of the educational organization.
2.7. In case of detection of any inconsistencies with the requirements, the Department of Education returns the draft Charter to the head of the educational organization for revision.
2.7. The approved Charter of the educational organization must be numbered, stitched and sealed with the seal of the educational organization.
2.8. The head of the educational organization is obliged:
Within the period established by the legislation of the Russian Federation from the date of issuance of the order of the Department of Education on the approval of the Charter of the educational organization, ensure state registration the Charter of the educational organization in the tax authority in accordance with the procedure established by the legislation of the Russian Federation;
When changing the name or location, prepare a package of documents and submit to the Ministry of Education and Science of the Republic of Mari El for reissuing a license for the right to conduct educational activities and obtaining a certificate of state accreditation;
Within ten days from the date of state registration of the Charter of the educational organization with the tax authority, submit to the Department of Education documents confirming the state registration of the Charter of the educational organization and a copy thereof.
3. Amendments and (or) additions to the Charter
3.1. In case of changes in the legislation of the Russian Federation, organizational and legal form, type and other changes, the educational organization makes appropriate changes and (or) additions to the Charter of the educational organization.
3.2. The draft amendments and (or) additions to the Charter of the educational organization (including the new edition of the Charter) are developed by the head and other authorized officials in the educational organization.
3.3. The draft amendments and (or) additions to the Charter of the educational organization developed by the educational organization are submitted in two copies (one of them in electronic form) for legal examination to the Department of Education.
3.4. The Department of Education reviews the draft changes and (or) additions to the Charter of the educational organization within 15 working days, checks the conformity of the form and content of the changes and (or) additions made to the Charter with the established requirements and prepares a draft order of the Department of Education on the approval of changes and (or) additions to the Charter educational organization.
In case of detection of any inconsistencies with the requirements, the Department of Education returns the draft changes and (or) additions to the Charter to the head of the educational organization for revision.
3.5. The changes and (or) additions made to the Charter of the educational organization are drawn up on a separate sheet, even if they are insignificant in volume.
3.6. The title page of the changes and (or) additions is similar title page the newly adopted Charter of the educational organization.
3.7. Approved changes and (or) additions to the Charter of the educational organization must be numbered, stitched and sealed with the seal of the educational organization.
3.8. The head of the educational organization is obliged:
Within the period established by the legislation of the Russian Federation from the date of issuance of the order of the Department of Education on the approval of the amendments and (or) additions to the Charter of the educational organization, ensure state registration of changes and (or) additions to the Charter of the educational organization in the tax authority in the manner established by the legislation of the Russian Federation;
Within ten days from the date of state registration of changes and (or) additions to the Charter of the educational organization in the tax authority, submit to the Education Department documents confirming the state registration of changes and (or) additions made to the Charter of the educational organization and their copy.
4. Final provisions
4.1. The Department of Education ensures the storage of copies of the Charters of educational organizations that have passed state registration in the prescribed manner with the tax authority, as well as amendments and (or) additions to the Charters of educational organizations.