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Ministry of Education and Science Russian Federation
DEPARTMENT OF STATE POLICY IN THE FIELD OF WORKFORCE TRAINING AND DPO
LETTER
About additional professional education
In connection with the entry into force of the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation" and numerous requests received from educational organizations and training organizations that implement additional professional programs, the Ministry of Education and Science of Russia sends clarifications on the features of the legislative and regulatory legal support in the field of additional professional education.
Department Director
N.M. Zolotareva
Abbreviations used:
Federal Law N 273-FZ - Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation";
Procedure - Order of the Ministry of Education and Science of Russia dated July 1, 2013 N 499 “On approval of the Procedure for organizing and implementing educational activities in additional professional programs” (registered by the Ministry of Justice of Russia dated August 20, 2013, registration N 29444);
DPO - additional vocational education;
DPP - additional professional programs.
Question 1. In the definitions of basic concepts (Article 2 Federal Law) subparagraph 3 - training, subparagraph 5 - qualifications, subparagraph 12 - vocational education, a new concept of “competence” has appeared. What is its content?
Through the concept of “competence”, Federal Law N 273-FZ defines learning outcomes and also implies a description of qualifications using competencies.
System higher education has already accumulated some experience in the development and implementation of educational programs based on a competency-based approach, and now Federal Law N 273-FZ extends this practice to additional professional education.
You can get acquainted with the main aspects of the competency-based approach in education, including on the Internet, on the websites of the Research Center for Problems of the Quality of Training of Specialists, the Federal State Autonomous Institution "Federal Institute for Educational Development" and others.
Question 2. How should the implementation of additional educational programs be guided by a competency-based approach, and is this mandatory for short-term programs?
In accordance with Part 4 of Article 76 of Federal Law N 273-FZ, the advanced training program is aimed at improving and (or) obtaining new competence necessary for professional activities, and (or) increasing the professional level within the framework of existing qualifications.
In accordance with Part 5 of Article 76 of Federal Law N 273-FZ
The structure of the programs must indicate the planned result (clause 9 of Article 2 of Federal Law N 273-FZ), which is formulated in a competency-based form for all types of DS1, including short-term programs.
It is obvious that organizations implementing additional professional educational programs will need to develop their own regulatory and methodological support, which will demonstrate the implementation of the competency-based approach, including planning learning outcomes (formation of competency models), assessing the level of development of competencies among graduates, etc.
Question 3. In basic terms () a definition of an approximate basic educational program is given. Will approximate, standard additional professional programs be developed for use in the educational process?
Educational programs are independently developed and approved by the organization carrying out educational activities, unless otherwise provided by law (Part 5 of Article 12 of Federal Law No. 273-FZ).
Authorized federal government bodies, in cases established by Federal Law N 273-FZ, organize the development and approval of exemplary additional professional programs or standard additional professional programs, in accordance with which organizations carrying out educational activities develop corresponding additional professional programs (Part 14 of Article 12 of the Federal Law N 273-FZ).
Standard and exemplary programs will be developed for the following cases established by Federal Law N 273-FZ:
Typical additional professional programs in the field of international road transport approved by the federal executive body exercising the functions of developing state policy and normative legal regulation in the field of transport (Part 7 of Article 76 of Federal Law N 273-FZ).
Approximate additional professional programs in the field of defense and state security, ensuring law and order are developed and approved by the federal government body in whose interests vocational training or additional vocational education is carried out (Part 3 of Article 81 of Federal Law N 273-FZ).
Approximate additional professional programs for medical education and pharmaceutical education are developed and approved by the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of healthcare (Part 3 of Article 82 of Federal Law N 273-FZ).
Typical basic professional training programs and standard additional professional programs in the field of training aviation personnel civil aviation, crew members of ships in accordance with international requirements, as well as in the field of training of railway transport workers directly related to the movement of trains and shunting work, are approved by the federal executive body exercising the functions of developing state policy and legal regulation in the field of transport (part 3 Article 85 of Federal Law N 273-FZ).
In order to provide methodological support for the implementation of Federal Law 273-FZ and the Procedure, the Ministry of Education and Science of Russia will present models of advanced training programs and professional retraining. Access to these resources will be free.
Question 4. Is the concept of “student” applicable in the system of additional professional education, along with the concept of “listener”?
Listeners - persons mastering additional professional programs, persons mastering vocational training programs, as well as persons enrolled in preparatory departments of educational institutions of higher education (clause 8 of part 1 of article 33 of Federal Law N 273-FZ).
Student - individual mastering an educational program (Part 2 of Article 15 of Federal Law No. 273-FZ).
Thus, both concepts can be used in additional vocational education.
Question 5. The concept of “individual entrepreneurs carrying out educational activities” has appeared. Should they obtain a license to operate educational activities? Can they implement additional professional programs?
Individual entrepreneurs can carry out educational activities only in basic and additional general education programs and vocational training programs (Part 3 of Article 32 of Federal Law No. 273-FZ). Federal Law No. 273-FZ does not provide for the implementation of additional professional programs by individual entrepreneurs.
At the same time, individual entrepreneurs carrying out educational activities directly, that is, individually, have the right not to go through the licensing procedure for educational activities.
Question 6. Is the concept of “teaching worker” applicable to teachers of additional professional education?
The concept of “teaching worker” applies to additional education teachers. In accordance with Part 21 of Article 2 of Federal Law No. 273-FZ, a teaching worker is an individual who has an employment or official relationship with an organization carrying out educational activities and performs duties for training, educating students and (or) organizing educational activities;
Organizations carrying out educational activities to implement educational programs of higher education and additional professional programs provide for positions of teaching staff and researchers who are classified as scientific and pedagogical workers. Teaching staff belong to the teaching staff of these organizations (Part 1 of Article 50 of Federal Law N 273-FZ)
To organizations providing training, and individual entrepreneurs, their students, teaching staff employed in organizations providing training, or individual entrepreneurs are subject to the rights social guarantees, duties and responsibilities of educational organizations, students and teaching staff of such educational organizations (Part 2 of Article 21 of Federal Law N 273-FZ).
Decree of the Government of the Russian Federation dated August 8, 2013 N 687 approved the nomenclature of positions for teaching staff of organizations engaged in educational activities, positions of heads of educational organizations.
Question 7. Federal Law N 273-FZ does not imply either federal state educational standards (FSES) or federal state requirements (FGT) in the field of additional vocational education. Paragraph 29 of Article 2 of Federal Law N 273-FZ defines the quality of education through compliance with the Federal State Educational Standard and the Federal State Standards. Does this mean that the quality of education is not determined in additional vocational education?
In accordance with paragraphs 21 -22 of the Procedure, assessment of the quality of additional professional education is carried out in relation to:
compliance of the results of mastering the additional professional program with the stated goals and planned learning outcomes;
compliance of the procedure (process) for organizing and implementing an additional professional program with the established requirements for the structure, procedure and conditions for the implementation of programs;
the organization's ability to effectively and efficiently carry out activities to provide educational services.
Assessment of the quality of development of additional professional programs is carried out in the following forms:
internal monitoring of education quality;
external independent assessment of the quality of education.
The organization independently establishes the types and forms of internal assessment of the quality of the implementation of additional professional programs and their results.
Requirements for internal assessment of the quality of additional professional programs and the results of their implementation are approved in the manner prescribed by the educational organization.
Organizations can apply procedures on a voluntary basis independent assessment quality of education, professional and public accreditation of additional professional programs and public accreditation of organizations.
Question 8. Is additional professional education an integral part of continuing education?
According to Part 2 of Article 10 of Federal Law N 273-FZ, education is divided into general education, vocational education, additional education and vocational training, ensuring the possibility of realizing the right to education throughout life (continuous education).
Part 6 of Article 10 of Federal Law N 273-FZ determines that additional education includes such subtypes as additional education for children and adults and additional vocational education.
At the same time, the education system creates conditions for lifelong education through the implementation of basic educational programs and various additional educational programs, providing the opportunity to simultaneously master several educational programs, as well as taking into account existing education, qualifications, and practical experience when receiving education.
Thus, it can be unequivocally stated that additional vocational training belongs to lifelong education (Part 7 of Article 10 of Federal Law N 237-FZ*).
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*Probably an error in the original. You should read "Federal Law No. 273-FZ". - Database manufacturer's note.
Question 9. Additional education includes additional adult education and additional vocational education. Is continuing vocational education additional education for adults?
Additional education includes such subtypes as additional education for children and adults, as well as additional vocational education (Part 6 of Article 10 of Federal Law N 273-FZ). Thus, additional vocational education is an independent subtype of additional education.
Question 10. Additional professional education programs include advanced training and professional retraining programs. Does Federal Law No. 273-FZ establish volume for these types of programs?
The volume of development of DPP is established by the Procedure. Clause 12 of the Procedure defines the minimum permissible volume of development of DPP. Thus, for advanced training programs, the completion period cannot be less than 16 hours, and the completion period for professional retraining programs cannot be less than 250 hours.
Question 11. Q Federal Law N 273-FZ states that licensing of educational activities is carried out according to subtypes of additional education. What does this mean? What subtypes of additional education can professional educational organizations implement?
In accordance with Part 6 of Article 10 of Federal Law N 273-FZ, additional education includes such subtypes as additional education for children and adults and additional vocational education.
According to Part 4 of Article 23 of Federal Law N 273-FZ, professional educational organizations have the right to carry out educational activities in the following educational programs, the implementation of which is not the main goal of their activities - these are additional professional programs and additional general education programs.
In accordance with Part 2 of Article 75 of Federal Law N 273-FZ, additional general education programs are divided into general developmental and pre-professional programs. Additional general developmental programs are implemented for both children and adults. Additional pre-professional programs in the arts, physical culture and sports are implemented for children.
Question 12. Part 1 of Article 15 of Federal Law No. 273-FZ provides for a network form of implementation of educational programs. Is this applicable to the system of additional professional education?
The network form of implementation of educational programs (hereinafter referred to as the network form) provides the opportunity for students to master an educational program using the resources of several organizations engaged in educational activities, including foreign ones, and also, if necessary, using the resources of other organizations. In the implementation of educational programs using a network form, along with organizations carrying out educational activities, scientific organizations, medical organizations, cultural organizations, physical education, sports and other organizations that have the resources necessary to carry out training, conduct educational and industrial practice and implementation of other types educational activities provided for by the relevant educational program (Part 1 of Article 15 of Federal Law No. 273-FZ).
This article provides a network form for the implementation of any type of educational programs, including programs of additional professional education.
Question 13. Is it possible to use e-learning and distance learning technologies in educational organizations of additional professional education?
The use of e-learning and distance educational technologies (hereinafter referred to as DET) in additional vocational education institutions is possible if conditions have been created in additional vocational education organizations that meet the requirements of Article 16 of Federal Law N 273-FZ.
At the same time, organizations carrying out educational activities have the right to use e-learning and DET in the implementation of educational programs in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education.
Question 14. Can library collection educational organization of additional professional education is equipped only with electronic educational publications?
In accordance with Federal Law N 273-FZ, in order to ensure the implementation of educational programs, libraries are formed in organizations engaged in educational activities, including digital (electronic) libraries that provide access to professional databases, information reference and search systems, as well as other information resources.
In accordance with Part 1 of Article 18 of Federal Law N 273-FZ, the library collection must be equipped with printed and (or) electronic educational publications (including textbooks and teaching aids).
Question 15. If additional vocational education is an integral part of additional education, then can an organization of additional education conduct educational activities according to DPP, and an organization of additional vocational education - according to additional general education programs?
In accordance with Part 3 of Article 23 of Federal Law N 273-FZ, the following types of educational organizations implementing additional educational programs are established in the Russian Federation:
1) organization of additional education - an educational organization that carries out educational activities in additional general education programs as the main goal of its activities;
2) organization of additional professional education - an educational organization that carries out educational activities in additional professional programs as the main goal of its activities.
Educational organizations of additional education have the right to carry out educational activities according to the following educational programs, the implementation of which is not their main goal: educational programs of preschool education, vocational training programs ().
Educational organizations of additional professional education, in accordance with paragraph 6 of part 4 of Article 23 of Federal Law N 273-FZ, can also implement training programs for scientific and pedagogical personnel, residency programs, additional general education programs, and vocational training programs.
Question 16. Is it possible to involve persons who do not have academic degrees and titles in the educational process in organizations of additional professional education?
In accordance with Part 1 of Article 46 of Federal Law N 273-FZ, the right to engage in teaching activities has persons who meet qualification requirements specified in qualification reference books and (or) professional standards. Thus, persons who do not have academic degrees and titles can participate in the educational process of additional professional education organizations.
For the position of "teacher" by order of the Ministry of Health and social development Russian Federation dated January 11, 2011 N 1n "On approval of the Unified Qualification Directory of Managers, Specialists and Employees, section" Qualification characteristics positions of managers and specialists of higher professional and additional professional education" the following qualification requirements are established: higher professional education and work experience in educational institution at least 1 year, in the presence of postgraduate professional education (graduate school, residency, postgraduate study) or an academic degree of candidate of sciences - without presenting requirements for work experience.
Question 17. Is state accreditation required for additional professional programs?
Federal Law No. 273-FZ does not provide for state accreditation of educational activities in additional professional programs. In accordance with Part 8 of Article 108 of Federal Law N 273-FZ, from the date it comes into force, certificates of state accreditation in terms of additional professional educational programs with state accreditation are considered invalid for all educational organizations.
Question 18. What are the features of licensing VNO programs in connection with the implementation Federal Law N 273-FZ?
In connection with the entry into force of Federal Law N 273-FZ, all educational organizations will change their license, and corresponding changes must be made to the annexes to the license. The content of the Law (Part 1 of Article 91; subparagraph 5 of part 5 of Article 108, part 7 of Article 108) states that after its adoption, educational organizations operate on the basis of licenses issued previously taking into account the norms of the new Law.
Part 4 of Article 91 of Federal Law N 273-FZ stipulates that the annex to the license for carrying out educational activities in additional professional programs will indicate only the subtype of additional education (in this case, additional vocational education) without providing the entire list of additional professional programs being implemented. Also, for additional professional education, the requirement to indicate in the annex to the license information about the addresses of the places of educational activities is excluded.
Question 19. How will the content of additional professional programs be determined?
The content of the additional professional program is determined by the educational program developed and approved by the organization carrying out educational activities, unless otherwise established, taking into account the needs of the person or organization on whose initiative additional professional education is carried out (Part 6 of Article 76 of Federal Law N 273-FZ).
At the same time, organizations carrying out educational activities in additional professional programs should be guided by the following when developing them.
The content of additional professional programs must take into account professional standards, qualification requirements specified in qualification reference books for relevant positions, professions and specialties, or qualification requirements for professional knowledge and skills necessary to perform job duties, which are established in accordance with federal laws and other legal regulations acts of the Russian Federation on public service.
In addition, Part 10 of Article 76 of Federal Law No. 273-FZ provides that professional retraining programs are developed on the basis of established qualification requirements, professional standards and the requirements of the relevant federal state educational standards secondary vocational and (or) higher education to the results of mastering educational programs.
Question 20. What are the requirements for the structure of DAYS?
Requirements for the structure of additional professional educational programs are determined by Federal Law N 273-FZ and the Procedure. The structure of an additional professional program includes the goal, planned learning outcomes, curriculum, academic calendar, work programs of academic subjects, courses, disciplines (modules), organizational and pedagogical conditions, certification forms, assessment materials and other components (Part 9 of Article 2 of the Federal Law N 273-FZ). Syllabus The additional professional program determines the list, labor intensity, sequence and distribution of academic subjects, courses, disciplines (modules), other types of educational activities of students and certification forms (clause 9 of the Procedure).
In accordance with paragraph 6 of the Procedure: the structure of the advanced training program must contain a description of the list of professional competencies within the framework of the existing qualifications, the qualitative change of which is carried out as a result of training.
The structure of the professional retraining program should include:
characteristics of the new qualification and related types of professional activities, job functions and (or) skill levels;
characteristics of competencies to be improved and (or) a list of new competencies formed as a result of mastering the program.
Question 21. What is the status of the internship in the field of further education?
In Federal Law N 273-FZ, internship is identified as a form of implementation of additional professional programs, and not a separate type of additional professional educational program.
According to Part 12 of Article 76 of Federal Law N 273-FZ, an additional professional program can be implemented in the forms provided for by Federal Law N 273-FZ, as well as fully or partially in the form of an internship.
Clause 13 of the Procedure describes this form of implementation of the DPP; the content of the internship is determined by the organization, taking into account the proposals of the organizations sending specialists for the internship, the content of additional professional programs.
The duration of the internship is determined by the organization, independently based on the learning objectives. The duration of the internship is agreed upon with the head of the organization where it is conducted.
The internship is individual or group in nature and may include activities such as:
independent work with educational publications;
acquisition of professional and organizational skills;
studying the organization and technology of production and work;
direct participation in planning the organization’s work;
work with technical, regulatory and other documentation;
performing the functional duties of officials (as an acting or backup);
participation in meetings and business meetings.
Based on the results of the internship, the student is issued a qualification document depending on the additional professional program being implemented.
Question 22. What are the requirements for documents that are issued upon completion of additional professional programs?
General requirements for qualification documents are established in paragraph 2 of Article 60 of Federal Law No. 273-FZ.
Qualification documents are drawn up in the state language of the Russian Federation, unless otherwise established by this Federal Law, Law of the Russian Federation of October 25, 1991 N 1807-1 “On the languages of the peoples of the Russian Federation”, and are certified by the seals of organizations carrying out educational activities.
Qualification documents can also be issued on foreign language in the manner established by organizations carrying out educational activities.
Based on the results of mastering additional professional programs, a qualification document is issued, a sample of which is independently established by organizations carrying out educational activities.
Clause 1 of Part 10 of Article 60 of Federal Law N 273-FZ determines that a qualification document confirms an increase or assignment of qualifications based on the results of additional professional education (confirmed by a certificate of advanced training or a diploma of professional retraining).
In accordance with paragraph 19 of the Procedure, the qualification document is issued on a form that is a counterfeit-proof printed product, a sample of which is independently established by the organization.
Question 23. Who establishes the procedure for approving forms of qualification documents?
An educational institution develops a procedure for approving forms of qualification documents independently and consolidates this procedure with a local act of the organization.
In accordance with Part 15 of Article 60 of Federal Law N 273-FZ...* persons who have completed educational programs for which final certification is not provided, documents on training according to the model and in the manner established by these organizations independently.
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Question 25. Does the organization have the right to enroll in advanced training and issue a certificate of advanced training to students with secondary general or primary vocational education from September 1, 2013?
In accordance with Part 2 of Article 76 of Federal Law N 273-FZ, the following are allowed to master additional professional programs:
1) persons with secondary vocational and (or) higher education;
2) persons receiving secondary vocational and (or) higher education.
Thus, the admission of students for training in DPP with secondary general education is not allowed, with the exception of persons studying in basic professional educational programs of secondary vocational and higher education.
Question 26. Are there advanced training programs that, from September 1, 2013, will require approval from ministries and departments? Will there be a register of such programs?
Coordination with ministries and departments will require additional professional programs containing information constituting state secrets, as well as additional professional programs in the field of information security.
According to Part 8 of Article 76 of Federal Law N 273-FZ, the procedure for developing additional professional programs containing information constituting state secrets and additional professional programs in the field of information security is established by the federal executive body exercising the functions of developing state policy and legal regulation in in the field of education, in agreement with the federal executive body in the field of security and the federal executive body authorized in the field of countering technical intelligence and technical protection of information.
Question 27. What documents must be required for admission to further education programs from persons from near and far abroad?
In accordance with Part 1 of Article 78 of Federal Law No. 273-FZ, foreign citizens and stateless persons have the right to receive education in the Russian Federation in accordance with international treaties of the Russian Federation and Federal Law No. 273-FZ.
1) If an applicant has a document from an educational institution listed within the framework of Government Order No. 1624-r dated September 19, 2013, then he is accepted on an equal basis with citizens of the Russian Federation.
2) Foreign citizens who are compatriots living abroad have the right to receive secondary vocational education, higher education and additional vocational education on an equal basis with citizens of the Russian Federation, subject to their compliance with the requirements provided for in Article 17 of the Federal Law of May 24, 1999 N 99- Federal Law "On the state policy of the Russian Federation towards compatriots abroad" (Part 4 of Article 78 of Federal Law No. 273-FZ).
3) Interstate agreements signed by the Russian Federation and the former republics of the USSR may be taken into account.
Documents on foreign education and (or) foreign qualifications recognized in the Russian Federation must be legalized and translated into Russian in the manner prescribed by the legislation of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation (Part 13 of Article 107 of Federal Law N 273-FZ ).
Question 28. What seal is used to certify documents based on the results of mastering the DPT?
From September 1, 2013, persons who have successfully completed the relevant additional professional program and passed the final certification are issued a certificate of advanced training and (or) a diploma of professional retraining (Part 16 of Article 76 of Federal Law N 273-FZ).
The document, which is issued based on the results of mastering the DPP, is certified by the seal of the educational organization, which is enshrined in the organization’s Charter.
Question 29. Is there any difference in the documents that are issued following the completion of professional retraining programs that allow new look professional activity confirm the assignment of a new qualification?
In accordance with paragraph 5 of Article 76 of Federal Law N 273-FZ, the professional retraining program is aimed at obtaining the competence necessary to perform a new type of professional activity and acquiring new qualifications.
Considering that the form of the qualification document (professional retraining diploma) is determined by the organization independently, various options for sample documents can be determined that use different recording options:
assignment of a new qualification (indication of the name of the qualification);
assignment of a new qualification (indication of the name of the qualification) and performance of a new type of professional activity (indication of a new type of professional activity);
performing a new type of professional activity (indicating a new type of professional activity) within the framework of previously existing qualifications.
The organization independently decides on the formalization of entries in professional retraining diplomas.
Question 30. By what sign or principle can one determine that a professional retraining program is being implemented or developed as part of the main educational program?
Such a sign is the presence of learning outcomes under professional retraining programs, which correlate with learning outcomes (competencies) formulated in the federal state educational standards of vocational education and (or) basic educational programs of vocational education and are aimed at acquiring new qualifications.
Question 31: What is the difference between “e-learning” and “distance educational technologies”?
According to Part 1 of Article 16 of Federal Law N 273-FZ, e-learning is understood as the organization of educational activities using information contained in databases and used in the implementation of educational programs and ensuring its processing information technology, technical means, as well as information and telecommunication networks that ensure the transmission of the specified information over communication lines, the interaction of students and teaching staff.
Distance educational technologies are understood as educational technologies implemented mainly using information and telecommunication networks with indirect (at a distance) interaction between students and teaching staff.
E-learning does not require interaction between students and teachers.
Question 32. How within Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" additional professional programs can be implemented based on networking by order of state and municipal customers?
The customer can indicate in the technical specifications that the program is implemented in a network form. The contractor shall attach to the application an agreement on joint activities educational and other organizations. According to Part 3 of Article 16 of Federal Law No. 273-FZ, the agreement on the network form of implementation of educational programs specifies:
1) type, level and (or) focus of the educational program (part of an educational program of a certain level, type and focus), implemented using a network form;
2) the status of students in the organizations specified in part 1 of this article*, the rules for admission to study in an educational program implemented using an online form, the procedure for organizing academic mobility of students (for students in basic professional educational programs) mastering an educational program implemented with using a network form;
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* The text of the document corresponds to the original. - Database manufacturer's note.
3) the conditions and procedure for carrying out educational activities under an educational program implemented through a network form, including the distribution of responsibilities between the organizations specified in part 1 of this article*, the procedure for implementing the educational program, the nature and volume of resources used by each organization implementing educational programs through an online form;
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* The text of the document corresponds to the original. - Database manufacturer's note.
4) issued document or documents on education and (or) qualifications, document or documents on training, as well as organizations carrying out educational activities that issue these documents;
5) the duration of the agreement, the procedure for its amendment and termination.
Please note that on January 1, 2014, Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, and services to meet state and municipal needs” comes into force, according to which it is no longer in force Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs."
Question 33. What is the mechanism for creating organizations that carry out professional, public and public accreditation?
In Decree of the Government of the Russian Federation N 286 of March 30, 2013 "On the formation of an independent system for assessing the quality of work of organizations providing social services" legal basis to organize public-state councils that will have the authority to create accreditation agencies in various areas.
The rules approved by this Government Resolution determine the procedure for forming an independent system for assessing the quality of work of organizations providing social services carried out with the participation and based on the opinion public organizations, professional communities, funds mass media, specialized rating agencies and other experts in order to improve the quality of work of these organizations.
Question 34. Is it planned to develop professional standards in the field of education?
The order to approve at least 800 professional standards was given in Decree of the President of the Russian Federation dated May 7, 2012 N 597 “On measures for the implementation of state social policy.”
By Order of the Government of the Russian Federation dated November 29, 2012 N 2204-r, a plan for the development of professional standards for 2012-2015 was approved.
The Ministry of Education and Science of Russia approved the Schedule for the development of professional standards for 2013-2014 (dated July 9, 2013 N DL-14/06), including ....* professional standards in the field of education and science:
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*The text of the document corresponds to the original. - Database manufacturer's note.
teacher (pedagogical activity in preschool, primary general, basic general, secondary general education) (educator, teacher);
specialist in the field of education (activities for social and pedagogical support of students);
teacher (teaching activities in vocational education, additional vocational education, additional education);
specialist in the field of educational psychology (activities for psychological and pedagogical support of students);
head of an educational organization (education management);
supervisor scientific organization(research management);
scientist (scientific (research) activity).
Question 35. What is the mechanism for reimbursement of costs to educational organizations for training discharged military personnel as part of the experiment in 2012-2014?
The regulation on conducting an experiment in 2012-2014 to train retired military personnel based on the provision of state registered educational certificates was approved (hereinafter referred to as the Regulation
Part 9 of the Regulations establishes that reimbursement of expenses of educational institutions within the framework of the experiment is carried out by the Ministry of Education and Science of the Russian Federation in the amount of standard costs for the provision of educational services provided by educational institutions within the framework of the experiment for professional retraining programs on the basis of secondary vocational and on the basis of higher professional education by providing subsidies from the federal budget to budgetary and autonomous institutions for these purposes in accordance with paragraph two of part 1 of Article 78_1 of the Budget Code of the Russian Federation in the prescribed manner.
If the cost of training under a professional retraining program exceeds the standard costs for the provision of educational services provided by educational institutions within the framework of the experiment under professional retraining programs on the basis of secondary vocational and higher professional education, the cost of training in excess of the standard costs is reimbursed at the expense of the certificate holder and (or) other individual (legal) person in accordance with the legislation of the Russian Federation (Part 12 of the Regulations).
Question 36: How is the selection of discharged military personnel carried out as part of the experiment in 2012-2014?
The regulation on conducting the experiment in 2012-2014 was approved by Decree of the Government of the Russian Federation of May 21, 2012 N 501 (hereinafter referred to as the Regulation) and came into force on June 5, 2012. In accordance with this resolution, it is necessary to ensure the creation of conditions for the training of at least 2,000 discharged military personnel during the experiment.
The selection of discharged military personnel to participate in the experiment on training discharged military personnel on the basis of the provision of state registered educational certificates is carried out in the manner and in accordance with the criteria established by the Russian Ministry of Defense, the Russian Ministry of Internal Affairs, the Russian Ministry of Emergency Situations and the Federal Security Service of Russia, from among the military personnel undergoing military service under a contract , in respect of which the following requirements are simultaneously met:
the total duration of military service in calendar terms is 5 years or more, not counting the time of study in military educational institutions of higher professional and (or) secondary vocational education;
the discharged serviceman has a higher professional or secondary vocational education;
dismissal from military service on grounds including reaching the age limit for military service, expiration of the contract, as well as for health reasons and organizational and staffing measures.
In accordance with Part 2 of the Regulations, a certificate is understood as a personal document confirming the right of its owner to additional measures of state support in terms of payment for his training in an additional professional educational program of professional retraining (hereinafter referred to as the professional retraining program).
The certificate is issued to a discharged serviceman if he is excluded from the lists of personnel of a governing body, military unit, ship, institution, organization of the Armed Forces of the Russian Federation, other troops, military formations and bodies in the manner established by the Russian Ministry of Defense, the Russian Ministry of Internal Affairs, the Russian Ministry of Emergency Situations and the Federal Security Service of Russia, respectively (Part 3 of the Regulations).
Electronic document text
prepared by Kodeks JSC and verified against:
official website
Ministry of Education and Science of Russia
www.minobr.orb.ru (scanner copy)
as of 11/01/2013
Additional professional education is aimed at meeting educational and professional needs, professional development of a person, ensuring compliance of his qualifications with the changing conditions of professional activity and the social environment.
Additional professional education is carried out through the implementation of additional professional programs (programs for advanced training and professional retraining programs).
The professional development program is aimed at improving and (or) obtaining new competencies necessary for professional activities, and (or) increasing the professional level within the framework of existing qualifications.
The professional retraining program is aimed at obtaining the competence necessary to perform a new type of professional activity and acquiring new qualifications.
Professional retraining programs are developed on the basis of established qualification requirements, professional standards and the requirements of the relevant federal state educational standards of secondary vocational and (or) higher education for the results of mastering educational programs.
Source: Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation”
In accordance with paragraph 3 of Article 76 of Federal Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation”, citizens are allowed to master additional professional development programs:
If you only have primary vocational education, then current legislation it is equivalent to secondary professional (basic level). Therefore, you can be enrolled in an additional professional development program and receive a certificate of advanced training.
The minimum terms for mastering additional professional education programs are established by Federal Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation” and Order of the Ministry of Education and Science of the Russian Federation of July 1, 2013 N 499 “On approval of the Procedure for organizing and implementing educational activities in additional professional programs":
The Education Law defines:
Please note that you can receive a second higher education only in an educational organization of higher education (clause 4, part 2, article 23 of the Law of December 29, 2012 N 273-FZ), professional retraining can be obtained in any other educational organizations that have a License to conducting educational activities for professional retraining (parts 6, 10, article 76 of the Law of December 29, 2012 N 273-FZ).
You can undergo vocational training if you have a higher or secondary vocational education or are currently receiving a higher or secondary vocational education. But in the latter case, you can receive a diploma of professional training only after receiving a document on education (university or secondary school).
1. Additional professional education is aimed at meeting educational and professional needs, professional development of a person, ensuring compliance of his qualifications with the changing conditions of professional activity and the social environment.
2. Additional professional education is carried out through the implementation of additional professional programs (programs for advanced training and professional retraining programs).
3. The following are allowed to master additional professional programs:
1) persons with secondary vocational and (or) higher education;
2) persons receiving secondary vocational and (or) higher education.
4. The professional development program is aimed at improving and (or) obtaining new competencies necessary for professional activities, and (or) increasing the professional level within the framework of existing qualifications.
5. The professional retraining program is aimed at obtaining the competence necessary to perform a new type of professional activity and acquiring new qualifications.
6. The content of the additional professional program is determined by the educational program developed and approved by the organization carrying out educational activities, unless otherwise established by this Federal Law and other federal laws, taking into account the needs of the person or organization on whose initiative additional professional education is carried out.
7. Standard additional professional programs are approved:
1) the federal executive body exercising the functions of developing state policy and legal regulation in the field of transport - in the field of international road transport;
2) the federal executive body authorized to carry out the functions of normative and legal regulation in the area of jurisdiction state cadastre real estate, cadastral registration and cadastral activities, - in the field of cadastral activities;
3) the federal executive body in the field of industrial safety in agreement with the federal executive body authorized to solve problems in the field of protecting the population and territories from emergency situations, - in the field of industrial safety of hazardous production facilities.
7.1. Typical additional professional programs in the field of conformity assessment cash register equipment and technical means of the fiscal data operator (applicant for permission to process fiscal data), the requirements for them are approved by the federal executive body authorized to control and supervise the use of cash register equipment.
8. The procedure for developing additional professional programs containing information constituting state secrets and additional professional programs in the field of information security is established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of higher education, in agreement with the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of general education, the federal executive body in the field of security and the federal executive body authorized in the field of countering technical intelligence and technical protection of information.
9. The content of additional professional programs must take into account professional standards, qualification requirements specified in qualification reference books for relevant positions, professions and specialties, or qualification requirements for professional knowledge and skills necessary to perform job duties, which are established in accordance with federal laws and other regulatory legal acts of the Russian Federation on public service.
10. Professional retraining programs are developed on the basis of established qualification requirements, professional standards and the requirements of the relevant federal state educational standards of secondary vocational and (or) higher education for the results of mastering educational programs.
11. Training in additional professional programs is carried out both simultaneously and continuously, and in stages (discretely), including through mastering individual academic subjects, courses, disciplines (modules), completing internships, using online forms, in the manner established by the educational program and (or) an education agreement.
12. An additional professional educational program may be implemented in the forms provided for by this Federal Law, as well as in whole or in part in the form of an internship.
13. Forms of training and terms for mastering additional professional programs are determined by the educational program and (or) the education agreement.
14. The development of additional professional educational programs ends with the final certification of students in the form determined independently by the organization carrying out educational activities.
15. Persons who have successfully completed the relevant additional professional program and passed the final certification are issued a certificate of advanced training and (or) a diploma of professional retraining.
16. When mastering an additional professional program in parallel with receiving secondary vocational education and (or) higher education, a certificate of advanced training and (or) a diploma of professional retraining are issued simultaneously with receipt of the corresponding document on education and qualifications.
17. Standard additional professional education programs for persons who are authorized to collect, transport, process, dispose of, neutralize, and dispose of waste of I-IV hazard classes are approved by the federal executive body implementing government regulation in the field of environmental protection.
In order to clarify the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” in terms of additional professional education and in connection with numerous requests received from educational organizations and training organizations that implement additional professional programs, The Ministry of Education and Science of Russia provides information on the specifics of legislative and regulatory support in the field of additional vocational education.
Application: for 16 l. in 1 copy.
Application
Abbreviations used:
Federal Law No. 273-FZ - Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”;
Additional vocational education - additional vocational education.
Question 1. Does an educational organization have the right to enroll in a professional retraining program a person who, when enrolling in training, has provided a diploma of primary vocational education issued earlier than September 1, 2013?
According to Part 1 of Article 108 of Federal Law No. 273-FZ, educational levels (educational qualifications) established in the Russian Federation before the date of entry into force of the said Federal Law No. 273-FZ are equal to the levels of education established by Federal Law 273-FZ, including Primary vocational education is equivalent to secondary vocational education in training programs for qualified workers (employees).
persons with secondary vocational and (or) higher education;
persons receiving secondary vocational and (or) higher education.
Based on the above, a person who has primary vocational education has the right to undergo training in additional professional programs, including a professional retraining program.
Question 2. Is it possible, after successfully completing a professional retraining program in a field such as “Jurisprudence,” and having a higher education in another field, to apply for the position of “Legal Advisor”?
Part 5 of Article 76 of Federal Law No. 273-FZ establishes that the professional retraining program is aimed at obtaining the competence necessary to perform a new type of professional activity and acquiring new qualifications.
At the same time, the Qualification Directory for positions of managers, specialists and other employees, approved by Resolution of the Ministry of Labor of Russia dated August 21, 1998 No. 37, (hereinafter referred to as the Qualification Directory) establishes the following requirements for the qualification “legal adviser”:
legal adviser: higher (legal) education without requirements for work experience or secondary vocational (legal) education and work experience in positions filled by specialists with secondary vocational education for at least 5 years.
Based on the foregoing, in this situation, the presence of additional professional training does not give the right to occupy the position of “legal adviser” in connection with the requirements of the Qualification Handbook.
Question 3. Is it possible to hold the position of “teacher” or “teacher” with a higher education or secondary vocational education not related to the field of education and pedagogy or to an area that does not correspond to the subject being taught?
Can. Under the following conditions.
According to Part 1 of Article 46 of Federal Law No. 273-FZ, the right to engage in teaching activities is granted to persons with secondary vocational or higher education and who meet the qualification requirements specified in qualification reference books and (or) professional standards.
The Unified Qualification Directory of Positions for Managers, Specialists and Employees, section “Qualification Characteristics of Positions for Education Workers,” approved by Order of the Ministry of Health and Social Development of Russia dated August 26, 2010 No. 761n, establishes the following qualification requirements: teacher (except for teachers classified as faculty members of universities) - higher education or secondary vocational education in the field of training “Education and Pedagogy” or in the field corresponding to the subject being taught, without requirements for work experience, or higher education or secondary vocational education and additional vocational training in the field of activity in an educational institution without requirements for work experience ;
teacher - higher education or secondary vocational education in the field of training “Education and Pedagogy” or in the field corresponding to the subject being taught, without requirements for work experience, or higher education or secondary vocational education and additional vocational training in the field of activity in an educational institution without requirements for work experience work.
Thus, to occupy the position of “teacher” or “teacher” it is necessary to undergo training in an additional professional program in the field of education and pedagogy.
Question 4. Teaching staff have the right to additional professional training in their field of teaching at least once every three years. At whose expense should the training be provided and who should organize it?
Clause 5 of Part 3 of Article 28 of Federal Law No. 273-FZ establishes that the creation of conditions and organization of additional professional training for employees falls within the competence of the educational organization.
Moreover, in accordance with Article 196 Labor Code Russian Federation dated December 30, 2001 No. 197-FZ, the need for training of employees (vocational education and vocational training) and additional professional training for their own needs is determined by the employer. Training of employees and additional training of employees is carried out by the employer on the terms and in the manner determined by the collective agreement, agreements, and employment contracts.
According to paragraph 3 of Article 264 of the Tax Code of the Russian Federation of August 5, 2000 No. 117-FZ, the taxpayer’s expenses for training in basic and additional professional educational programs, vocational training and retraining of the taxpayer's employees are included in other expenses.
Thus, the organization and payment of training for additional professional programs for employees is the responsibility of the employer.
Question 5. Federal Law No. 273-FZ provides for a requirement for organizations carrying out educational activities to implement educational programs of higher education and additional professional programs to have positions of scientific workers who are classified as scientific and pedagogical workers. If the educational organization of further professional education does not implement educational programs of higher education and does not feel the need to hire scientists due to the specifics of its activities. In this case, does the normative requirement for the availability of positions of scientific workers apply to an educational organization carrying out educational activities exclusively in the field of further education?
Part 3 of Article 23 of Federal Law No. 273-FZ establishes that an additional professional education organization is an educational organization that carries out educational activities in additional professional programs as the main goal of its activities.
According to Part 4 of Article 23 of Federal Law No. 273-FZ, further education organizations have the right to carry out educational activities under training programs for scientific and pedagogical personnel, residency programs, additional general education programs, and vocational training programs.
Part 1 of Article 50 of Federal Law No. 273-FZ stipulates that organizations carrying out educational activities to implement educational programs of higher education and additional professional programs provide for positions of teaching staff and researchers who are classified as scientific and pedagogical workers.
At the same time, scientific workers of an educational organization, along with the responsibilities provided for by the legislation on science and state scientific and technical policy, are obliged to develop in students professional qualities in their chosen profession, specialty or area of training, as well as to develop students’ independence, initiative, and creative abilities (Part 3 of Article 50 of Federal Law No. 273-FZ).
The establishment of a staffing table, unless otherwise established by regulatory legal acts of the Russian Federation, falls within the competence of the educational organization (Part 3 of Article 28 of Federal Law No. 273-FZ).
Thus, the decision on availability in staffing table position of a researcher, or its absence, falls within the competence of the educational organization.
Question 6. Do persons who have completed one-year pedagogical classes at secondary schools have the right to train teachers of preschool institutions with the qualification “Educator” kindergarten"at DPO?
One-year pedagogical classes at secondary schools for the training of preschool teachers functioned in accordance with the Temporary Regulations on one-year pedagogical classes at secondary schools for the training of preschool teachers, approved by order of the USSR Ministry of Education dated January 14, 1981 No. 6 (hereinafter referred to as the Temporary Regulations ).
In accordance with paragraph 9 of the Temporary Regulations, students of pedagogical classes who successfully completed the curriculum and passed the final exams were awarded the qualification “Kindergarten Teacher” and issued a certificate of the established form.
During the period of adoption and operation of the Temporary Regulations, public relations in the field of public education were regulated by the USSR Law of July 19, 1973 No. 4536-VIII “On approval of the fundamentals of legislation of the USSR and union republics on public education” (hereinafter referred to as the USSR Law).
According to Article 5 of the USSR Law, the public education system in the USSR included: preschool education; general secondary education; vocational education; secondary specialized education; higher education; out-of-school education.
Vocational and technical education of young people was carried out in vocational and technical educational institutions of a single type - secondary vocational schools, providing systematic training of qualified workers (Article 31 of the USSR Law).
Secondary specialized education was carried out in technical schools, colleges and other educational institutions classified in the prescribed manner as secondary special education. educational institutions(Article 39 of the USSR Law).
The education obtained as a result of completing one-year pedagogical classes at secondary schools for the training of preschool teachers was not equated to any of the above levels of education.
In addition, in accordance with paragraphs 7, 13 of the Temporary Regulations, students of one-year pedagogical classes were equated to students of pedagogical schools only in relation to scholarships, and persons who graduated from these classes were equated to persons who graduated from pedagogical schools only in terms of remuneration.
Taking into account the above, as well as the fact that educational levels (educational qualifications) established in the Russian Federation before the entry into force of Federal Law 273-FZ are equated to the levels of education established by the above Law on Education, in the manner determined by part 1 of Article 108 of the Federal Law Law No. 273-FZ, training in one-year pedagogical classes at secondary schools for the training of preschool teachers cannot be equated to primary vocational education, and, accordingly, to secondary vocational education under the current legislation of the Russian Federation in the field of education.
According to Part 3 of Article 76 of Federal Law No. 273-FZ, the following are allowed to master additional professional programs:
persons with secondary vocational and (or) higher education; persons receiving secondary vocational and (or) higher education.
Thus, persons who have completed training in one-year pedagogical classes at secondary schools for the training of preschool teachers cannot be allowed to master additional professional programs.
Question 7. Who develops sample additional professional programs for medical education and pharmaceutical education?
According to Part 3 of Article 82 of Federal Law No. 273-FZ, approximate additional professional programs for medical education and pharmaceutical education are developed and approved by the federal executive body that carries out the functions of developing state policy and legal regulation in the field of healthcare.
In accordance with paragraph 1 of the Regulations on the Ministry of Health of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 19, 2012 No. 608, the Ministry of Health of the Russian Federation is a federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of health care , and is also responsible for the organization of secondary vocational, higher education and additional professional medical and pharmaceutical education.
Question 8. Is a certificate of a medical and pharmaceutical specialist a document on additional professional training?
No, it is not.
Conditions and procedure for issuing a medical and medical specialist certificate pharmaceutical workers approved by Order of the Ministry of Health of Russia dated November 29, 2012 No. 982n “On approval of the conditions and procedure for issuing a specialist certificate to medical and pharmaceutical workers, the form and technical requirements of a specialist certificate” (registered by the Ministry of Justice of Russia on March 29, 2013, registration No. 27918).
According to Part 10 of Article 60 of Federal Law No. 273-FZ, an increase or assignment of qualifications based on the results of additional professional education is confirmed by a certificate of advanced training or a diploma of professional retraining.
Question 9. Is an educational organization of additional vocational education required to have premises for the implementation of medical activities?
Part 3 of Article 41 of Federal Law No. 273-FZ stipulates that an educational organization is obliged to provide free of charge to a medical organization premises that meet the conditions and requirements for carrying out medical activities.
In accordance with paragraph 10 of the Regulations on licensing of educational activities, approved by Decree of the Government of the Russian Federation of October 28, 2013 No. 966 (hereinafter referred to as the Regulations), in order to obtain a license, the license applicant submits to the licensing authority, including copies of documents confirming the availability of premises with appropriate working conditions for medical workers.
In addition, according to subparagraph “c” of paragraph 4 and subparagraph “c” of paragraph 6 of the Regulations, one of the licensing requirements for an applicant for a license to carry out educational activities, as well as the licensing requirement for a licensee when carrying out educational activities, is the presence of conditions for protecting the health of students in in accordance with Articles 37 and 41 of Federal Law No. 273-FZ.
According to paragraph 9 of the Regulations, failure by the licensee to comply with the requirements established by subparagraph “c” of paragraph 6 of the Regulations is a gross violation of licensing requirements and conditions.
Please note that the Regulations do not establish requirements for an educational organization in terms of having a license to carry out medical activities.
The requirements for premises for carrying out medical activities are established by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated May 18, 2010 No. 58 “On approval of SanPiN 2.1.3.2630-10 “Sanitary and epidemiological requirements for organizations engaged in medical activities.”
When concluding an agreement between an educational organization and a medical organization for medical care of employees and students medical organization is required to obtain a license for medical activities at the addresses of the premises provided by the educational organization.
Based on the foregoing, the DPO organization is obliged to have premises for carrying out medical activities in accordance with established requirements.
These requirements do not apply to organizations providing training and implementing additional professional programs.
In addition, the issue of organizing the provision of primary health care to students should be resolved by the relevant executive authority in the field of health care.
Question 10. What regulatory legal act regulates the teaching load of teaching staff of educational institutions of additional vocational education?
Order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601 “On working hours (standard hours pedagogical work per bet wages) teaching staff and the procedure for determining the teaching load of teaching staff, specified in employment contract"(registered by the Ministry of Justice of Russia on February 25, 2015, registration No. 36204), entered into force on March 10, 2015 (hereinafter referred to as Order No. 1601). Order No. 1601 approves the procedure for determining the teaching load of teaching staff stipulated in the employment contract, which defines the rules for determining the teaching load of teaching staff stipulated in the employment contract, the grounds for changing it, cases of establishing the upper limit of teaching load depending on the position and (or) specialty of teaching staff workers, taking into account the characteristics of their work.
The determination of the teaching load of teaching staff classified as teaching staff and the basis for its change is assigned to Section VI of Appendix No. 2 of Order No. 1601, including for teaching staff filling positions of teaching staff of an organization carrying out educational activities in additional professional programs . In addition, according to clause 6.5. Section VI of Appendix No. 2 of Order No. 1601, the ratio of the teaching load of teaching staff established for the academic year and other activities provided for job responsibilities and/or individual plan(scientific, creative, research, methodological, preparatory, organizational, diagnostic, therapeutic, expert, other, including those related to improving one’s professional level), within the established working hours, determined by local normative act organization depending on the position of the employee.
Question 11. What is the duration of vacation for a teaching employee of a further education organization?
Currently, there is a Decree of the Government of the Russian Federation dated October 1, 2002 No. 724 “On the duration of the annual basic extended paid leave provided to teaching staff,” in accordance with which the duration of the annual basic extended paid leave provided to teaching staff is established” (hereinafter referred to as the Resolution No. 724).
In accordance with the appendix to the Resolution, leave of 56 calendar days is granted to the following teaching staff holding positions in an educational organization of additional professional education (advanced training) of specialists: rectors (directors); first vice-rectors; vice-rectors (deputy directors), directors (heads) of branches of educational institutions; teaching staff; educators; methodologists; accompanists; educational psychologists; heads of doctoral studies, postgraduate studies, research departments (sectors), educational departments (parts) and other educational units; managers (managers) of production practice; scientific secretaries; teachers of additional education.
At the same time, for deputy deans of faculties, directors (heads) of branches, heads of doctoral studies, postgraduate studies, research departments (sectors), educational departments (parts) and other educational structural divisions; for managers (managers) of production practice, scientific secretaries The duration of the annual basic extended paid leave is 56 calendar days, provided that during the academic year they conduct at least 150 hours of teaching work in the same educational institution of higher professional education or educational institution of additional professional education (advanced training).
Thus, a teaching employee has the right to an annual basic extended paid leave of 56 calendar days if the above conditions are met.
If these conditions are not met, then in accordance with Article 115 of the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ, annual basic paid leave is granted to employees for a duration of 28 calendar days.
Currently, the Ministry of Education and Science of Russia has developed a draft decree of the Government of the Russian Federation “On annual basic extended paid leave in the field of education” (hereinafter referred to as the draft decree), developed in accordance with paragraph 3 of part 5 of article 47, part 7 of article 51 and part 4 of article 52 of the Federal Law No. 273-FZ. From the moment the draft resolution comes into force, Resolution No. 724 will lose force.
Question 12. How to correctly rename additional education organizations? Is it necessary to change the word “institution” to “organization” in the name of an educational organization?
Part 5 of Article 108 of Federal Law No. 273-FZ defines educational institutions whose names are subject to being brought into compliance with the specified Federal Law 273-FZ.
So, for example, taking into account subclause 5 of part 5 of Article 108 of Federal Law 273-FZ, educational institutions of additional professional education (advanced training) for specialists must be renamed organizations of additional professional education.
At the same time, we inform you that the concept of “educational organization” is used in Federal Law No. 273-FZ, due to the fact that educational organizations can be created not only in the form of institutions.
According to Part 1 of Article 22 of Federal Law No. 273-FZ, an educational organization is created in the form established by civil legislation for non-profit organizations. The organizational and legal forms of non-profit organizations in which educational organizations can be created have been established Civil Code Russian Federation and Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations”. One of the organizational and legal forms of non-profit organizations is, among other things, an institution (state-owned, budgetary, autonomous).
Taking into account the above, Federal Law No. 273-FZ does not provide for the inclusion in the name of an educational organization of the generic name of all legal entities- “organization”, from which it follows that in the names of educational institutions the word “institution” does not need to be replaced with the word “organization”.
Explanations regarding the names of educational institutions are set out in more detail in the letter of the Ministry of Education and Science of Russia dated June 10, 2013 No. DL-151/17, which was sent to the federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local government bodies having jurisdiction over educational institutions were sent
The specified letter is posted on the official website of the Ministry of Education and Science of Russia www.minobrnauki.rf in the “Documents” section.
Question 13. Is training in fire safety measures for employees of an organization additional professional education?
In accordance with the second paragraph of Article 25 of the Federal Law of December 21, 1994 No. 69-FZ “On Fire Safety,” training in fire safety measures for employees of organizations is carried out in accordance with the legislation of the Russian Federation on fire safety under special programs approved by the relevant heads of federal executive bodies authorities and agreed upon in the manner established by the federal executive body authorized to solve problems in the field of fire safety.
According to Article 2 of Federal Law No. 273-FZ, this activity is not educational and is not subject to appropriate licensing.
At the same time, activities for the implementation of additional educational programs (additional general education programs and additional professional programs), within the framework of which fire safety issues are studied, among others, are subject to licensing in accordance with the legislation of the Russian Federation on licensing individual species activities.
Question 14. Is the final certification included in the period of mastering the additional professional program?
Yes it does.
In accordance with paragraph 9 of the Procedure for organizing and implementing educational activities in additional professional programs, approved by order of the Ministry of Education and Science of Russia dated July 1, 2013 No. 499 (registered by the Ministry of Justice of Russia on August 20, 2013, registration No. 29444), the structure of the additional professional program includes the goal, planned learning outcomes, curriculum, academic calendar, work programs of academic subjects, courses, disciplines (modules), organizational and pedagogical conditions, certification forms, assessment materials and other components. The curriculum of an additional professional program determines the list, labor intensity, sequence and distribution of academic subjects, courses, disciplines (modules), other types of educational activities of students and forms of certification.
Question 15. What requirements are established for premises intended for conducting classes in additional professional programs?
The legislation on education does not establish certain requirements for premises intended for conducting training sessions in the field of additional vocational education.
At the same time, Article 2 of Federal Law No. 273-FZ determines that an educational program is a set of basic characteristics of education (volume, content, planned results), organizational and pedagogical conditions.
Thus, the requirements for premises can be laid down in the additional professional program, namely in the section “Organizational and pedagogical conditions for the implementation of the program.”
Question 16. Is it necessary to take into account the requirements of the Unified Qualification Directories for the mandatory presence of higher education in a certain field when enrolling in additional professional programs?
Yes, it is necessary.
Currently, the Unified Qualification Directories contain certain requirements for the education of specialists.
For example. The Unified Qualification Directory of Positions of Managers, Specialists and Employees, section “Qualification Characteristics of Positions of Education Workers”, approved by Order of the Ministry of Health and Social Development of Russia dated August 26, 2010 No. 761n, establishes the following qualification requirements for a teacher-defectologist, teacher-speech therapist (speech therapist): higher education in field of defectology without presenting requirements for work experience.
In this case, the requirements for a teacher are higher education or secondary vocational education in the field of training “Education and Pedagogy” or in the field corresponding to the subject taught, without requirements for work experience, or higher education or secondary vocational education and additional vocational training in the field of activity in an educational institution without presenting requirements for work experience.
In accordance with the above, educational organizations must be guided by the requirements of the Unified Qualification Directories when enrolling in additional professional programs, due to the fact that in some areas to implement labor activity Higher education in a certain field is required and additional professional education is not enough.
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* Please note that according to the requirements Qualification reference books, sometimes DPO is not enough to occupy a certain position. Hiring employees is the responsibility of the employer. Thus, if one of the requirements when applying for a job is the presence of higher education in a certain field, for example in one of the specialties enlarged groups specialties and areas of training “Humanities and Social Sciences”, then the employer has the right to refuse a specialist with a higher (technical) education with additional vocational training in the field of humanities and social sciences.
** Please note that, according to the requirements of the Qualification Directories, sometimes additional professional training is not enough to occupy a certain position. Hiring employees is the responsibility of the employer. Thus, if one of the requirements for hiring is the presence of higher education in a certain field, for example in one of the specialties of the enlarged groups of specialties and areas of training “Humanities and Social Sciences,” then the employer has the right to refuse a specialist with a higher (technical) education with additional professional training in Humanities and Social Sciences.
A number of issues regarding the implementation of additional vocational education programs are considered.
For example, it is clarified whether an organization has the right to enroll in a professional retraining program a person who has presented a diploma of primary vocational education issued earlier than September 1, 2013 (before the new Law on Education came into force). It is indicated that such a person can undergo training in additional programs, including under the professional retraining program.
The question arose as to whether it is possible to hold the position of “teacher” or “teacher” with a higher or secondary vocational education that is not related to the field of education and pedagogy or to a field that does not correspond to the subject being taught. In this case, you should undergo the necessary training in an additional professional program.
Teaching staff have the right to additional professional education in the field of teaching at least once every 3 years. It is noted that the organization of events and their payment are within the competence of the employer.
Current legislation provides for the issuance of specialist certificates to medical and pharmaceutical workers. It is clarified that they do not apply to documents on additional professional education. An increase or assignment of qualifications is confirmed by a certificate of advanced training or a diploma of professional retraining.
