Regulations on the commission for resolving disputes at school. Features of protecting the rights of students in an educational organization. Dispute Resolution Commission as a way to resolve conflicts in school Law on Education Dispute Resolution Commission

POSITION
about the dispute settlement commission
between participants in educational relations

General provisions

1.1. The Commission for the Settlement of Disputes between Participants in Educational Relations is created in order to resolve disagreements between participants in educational relations on the implementation of the right to education, including in cases of a conflict of interests of a teaching worker or the application of local regulations. It is the primary body for resolving conflict situations.

1.2. In its activities, the commission for the settlement of disputes between participants in educational relations is guided by the Federal Law “On Education in Russian Federation", the Labor Code of the Russian Federation, the Charter of the MBOU "Secondary School No. 66", the Standard Regulations on an Educational Institution and other regulations.

1.3. In its work, the commission for resolving disputes between participants in educational relations must ensure respect for individual rights.

Procedure for electing a commission

2.1. The commission for resolving disputes between participants in educational relations consists of an equal number of parents (legal representatives) (3 people), students (3 people) and employees of the organization (3 people)

2.2. Candidates who received a majority of votes at the general meeting of the staff are considered elected to the commission for resolving disputes between participants in educational relations from school employees.

2.3. Candidates who received a majority of votes at the general parent meeting are considered elected to the commission for resolving disputes between participants in educational relations from the parent community.

2.4. The approval of the members of the commission and the appointment of its chairman are formalized by order of the educational institution. The commission for the settlement of disputes between participants in educational relations elects a chairman, deputy and secretary from among its members.

2.5. The term of office of the commission for resolving disputes between participants in educational relations is 1 year.

3. Activities of the commission

3.1. A commission for resolving disputes between participants in educational relations meets in the event of a conflict situation at school, if the parties have not independently resolved the differences.

3.2. The applicant may apply to the commission for resolving disputes between participants in educational relations within ten days from the date of the occurrence of a conflict situation and violation of his rights.

3.3. The commission for the settlement of disputes between participants in educational relations, in accordance with the received application, after hearing the opinions of both parties, makes a decision to resolve the conflict situation.

3.4. The conflict situation is considered in the presence of the applicant and the defendant. The commission has the right to call witnesses to the conflict to meetings and invite specialists (psychologists) if they are not members of the commission.

3.5. The work of the commission to resolve disputes between participants in educational relations is documented in protocols, which are signed by the chairman of the commission and the secretary.

3.6. Decisions of the commission to resolve disputes between participants in educational relations are made by a simple majority with at least 2/3 of the members present.

3.7. Consideration of the application must be carried out within ten days from the date of submission of the application.

3.8. At the request of the applicant, the decision of the commission for the settlement of disputes between participants in educational relations may be issued to him in in writing.

3.9. The decision of the commission for the settlement of disputes between participants in educational relations is mandatory for all participants in educational relations at the school, and is subject to execution within the time limits specified by the specified decision.

3.10 The decision of the commission to resolve disputes between participants in educational relations can be appealed in the manner prescribed by the legislation of the Russian Federation.

4. Rights and obligations of commission members

4.1. Members of the commission for the settlement of disputes between participants in educational relations have the right to receive the necessary consultations from various specialists and institutions on issues within the competence of the commission for the settlement of disputes between participants in educational relations.

4.2. Members of the commission for resolving disputes between participants in educational relations are required to attend the meeting, make a decision on the stated issue by open voting, and give the applicant a written and oral response.

4.3. Accept for consideration applications from any participant in the educational process in case of disagreement with the decision or action of the administration, teacher, parent (legal representative).

4.5. Recommend changes to local regulations educational institution in order to democratize the foundations of management of an educational institution or expand the rights of participants in the educational process.

5. Office work of the commission

5.1. Meetings of the commission to resolve disputes between participants in educational relations are documented in minutes, which are kept in the school for five years.

5.2. This Regulation is adopted at a general meeting of the staff and agreed upon with the School Council; its validity period is not established.

Examples of gross violations of citizens' rights

in the field of general education

1. Illegal refusal of enrollment in an educational organization, obstruction of access to education.

1. Providing educational services that do not meet the requirements of federal state educational standards.

1. Violation of the right of students to provide them with free use of textbooks and other educational literature.

1. Violation of sanitary rules and standards for the organization of the educational process, nutrition and recreation of students, violation of safety requirements in educational organizations.

1. Presentation of demands for donations, payment for (carrying out) repairs of educational organizations.

1. Carrying out activities not provided for in the curriculum during classes.

1. Involving students in work not provided for in educational programs without their consent.

1. The use of educational methods associated with physical and (or) mental violence against the student’s personality.

1. Derogation of honor, dignity and business reputation participants in educational relations, violation of their property rights.

1. Absence in educational organization local acts regulating the implementation educational programs.

1. Lack (lack of) objectivity in assessing students’ knowledge and educational achievements.

1. Failure to comply with requirements for the protection of personal data of students and their legal representatives.

1. untimely provision of assistance to students injured during the educational process, concealment of cases of harm to the health of students.

1. Failure to report to law enforcement agencies, bodies for the protection of children's rights about facts of violation of children's rights by parents (legal representatives) and other persons.

• Federal list of extremist materials (as of 04/02/2019) Open
• Federal Law No. 114 “On Combating Extremist Activities” Open
• Federal Law of July 5, 2002 No. 112-FZ “On introducing amendments and additions to legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On Combating Extremist Activities” Open
• Decree of the President of the Russian Federation of March 23, 1995 No. 310 (as amended on November 3, 2004) “On measures to ensure coordinated actions of authorities state power in the fight against manifestations of fascism and other forms of political extremism in the Russian Federation"

Position

on the commission for the settlement of disputes between participants in educational relations of MBOU Secondary School No. 11

General provisions

1. The Regulations on the Commission for the Settlement of Disputes between Participants in Educational Relations MBOU Secondary School No. 11 (hereinafter referred to as the Regulations) was developed on the basis Federal Law of December 29, 2012 No. 273-FZ""(hereinafter referred to as the Federal Law"About education in the Russian Federation").

1.2. The commission is created in accordance with Article 45 of the Federal Law “On Education in the Russian Federation” in order to resolve disagreements between participants in educational relations on the implementation of the right to education, including in cases of a conflict of interest of a teaching worker, issues of application of local regulations of the organization, appeals decisions to apply disciplinary sanctions to students.

1. The Commission in its activities is guided by the Constitution of the Russian Federation, Federal law"On education in the Russian Federation" , as well as others federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation containing norms governing relations in the field of education, local regulations of the organization carrying out educational activities, and Regulations.

2. Functions and powers of the Commission

2.1. The Commission performs the following functions:

receiving and considering appeals from participants in educational relations regarding the implementation of the right to education;

carrying out an analysis of materials submitted by participants in educational relations, including on the issue of conflicts of interest of teaching staff, the application of local regulations, decisions on the application of disciplinary sanctions to students;

resolving disagreements between participants in educational relations;

making decisions based on the results of consideration of appeals.

2.2. The commission has the right:

request from participants in educational relations documents, materials and information necessary for its activities;

set deadlines for the submission of requested documents, materials and information;

conduct the necessary consultations on the disputes under consideration with participants in educational relations;

invite participants in educational relations to provide clarification.

2.3. The commission is obliged:

objectively, fully and comprehensively consider the appeal of a participant in educational relations;

ensure compliance with the rights and freedoms of participants in educational relations;

strive to resolve disagreements between participants in educational relations;

if there is a good reason for the applicant or the person whose actions are being appealed to miss a meeting, at their request, reschedule the meeting for another date;

consider the appeal within ten calendar days from the moment the application is received in writing;

make decisions in accordance with the legislation on education, local regulations of the organization carrying out educational activities.

3. Composition of the Commission

3.1. The Commission includes an equal number of representatives of adult students (at least two), parents (legal representatives) of minor students (at least two), employees of the organization carrying out educational activities (at least two).

1. The composition of the Commission is approved for a period of two years by order of the director of the educational organization carrying out educational activities.

   The same persons cannot serve on the Commission for more than two consecutive terms.

   The Commission consists of the Chairman of the Commission, the Deputy Chairman of the Commission, the executive secretary and other members of the Commission.

   In order to organize its work, the Commission elects a chairman and a secretary from among its members.

1. Chairman of the Commission:

carries out general management of the activities of the Commission;

chairs meetings of the Commission;

organizes the work of the Commission;

determines the work plan of the Commission;

exercises general control over the implementation of decisions adopted by the Commission;

distributes responsibilities among the members of the Commission.

1. The Deputy Chairman of the Commission is appointed by the decision of the Chairman of the Commission.

1. Deputy Chairman of the Commission:

coordinates the work of members of the Commission;

prepares documents submitted for consideration by the Commission;

exercises control over the implementation of the Commission’s work plan;

in the absence of the Chairman of the Commission, performs his duties.

1. The executive secretary of the Commission is a representative of the employees of the organization carrying out educational activities.

1. Executive Secretary of the Commission:

organizes the Commission's paperwork;

keeps minutes of Commission meetings;

informs members of the Commission about the date, place and time of meetings of the Commission and about the issues included in the agenda of the meeting of the Commission no later than five calendar days before the day of the meeting of the Commission;

communicates the decisions of the Commission to the administration of the organization carrying out educational activities, the Council of high school students, the School Council, as well as the representative body of employees of this organization;

ensures control over the implementation of the Commission's decisions;

bears responsibility for the safety of documents and other materials considered at meetings of the Commission.

1. A member of the Commission has the right:

in case of absence at the meeting, express your opinion on the issues under consideration in writing, which is announced at the meeting and attached to the minutes;

in case of disagreement with the decision of the Commission adopted at the meeting, express your opinion in writing, which is subject to mandatory attachment to the minutes of the Commission meeting;

take part in the preparation of meetings of the Commission;

contact the Chairman of the Commission on issues within the competence of the Commission;

apply on issues within the competence of the Commission for necessary information to persons, bodies and organizations;

make proposals to the leadership of the Commission on improving the organization of the work of the Commission.

1. A member of the Commission is obliged:

participate in meetings of the Commission;

perform the functions assigned to him in accordance with the Regulations and decisions of the Commission;

comply with the requirements of legislative and other regulatory legal acts when performing their functions;

in the event of a personal interest that could affect the objectivity of the decision, inform the Commission about this and refuse to participate in its work in writing.

1. Members of the Commission carry out their activities free of charge.

Procedure of the Commission

1. The Commission independently determines the procedure for organizing its work. The main form of activity of the Commission is meetings, which are held as needed. The progress of the meetings is recorded in the minutes.

1. A meeting of the Commission is considered competent if at least half of the total number of its members is present, subject to an equal number of representatives of adult students, parents (legal representatives) of minor students, and employees of the organization carrying out educational activities.

1. Based on the results of consideration of the appeal of participants in educational relations, the Commission makes a decision in order to resolve disagreements between participants in educational relations on the implementation of the right to education.

1. If facts of violation of the rights of participants in educational relations are established, the Commission makes a decision aimed at restoring the violated rights. The Commission imposes obligations on persons who have committed violations of the rights of students, parents (legal representatives) of minor students, as well as employees of the organization to eliminate identified violations and (or) prevent violations in the future.

1. The commission refuses to satisfy a complaint about a violation of the rights of the applicant if it considers the complaint to be unfounded, does not reveal the facts of these violations, or does not establish a cause-and-effect relationship between the behavior of the person whose actions are being appealed and the violation of the rights of the person who filed the complaint or his legal representative.

1. The Commission's decision is made by open voting by a simple majority of votes present at the meeting. In the event of a tie vote, the decision voted for by the person chairing the meeting of the Commission is considered adopted.

1. Decisions of the Commission are documented in protocols, which are signed by all members of the Commission present.

The decisions of the Commission in the form of an extract from the minutes within three days from the date of the meeting are sent to the applicant, to the administration of the organization carrying out educational activities, the Council of High School Students, the School Council, as well as to the representative body of employees of this organization for execution.

1. The Commission's decision can be appealed in accordance with the procedure established by the legislation of the Russian Federation.

1. The decision of the commission is mandatory for all participants in educational relations in an organization carrying out educational activities, and is subject to execution within the time limits specified by the specified decision.

1. If there is a member of the Commission who has a personal interest that could affect the objectivity of the decision, he is subject to replacement with another representative by amending the order on the composition of the Commission.

1. The storage period for Commission documents in an educational organization is three years.

The procedure for considering appeals from participants in educational relations

5.1. The commission considers requests received from participants in educational relations regarding the implementation of the right to education.

1. Students of organizations carrying out educational activities, with the exception of students in educational programs of preschool and primary general education, have the right, independently or through their elected representatives, to apply to the commission for the settlement of disputes between participants in educational relations.

1. The appeal in writing (Appendix No. 1, 2) is submitted to the executive secretary of the Commission, who records its receipt in the journal (Appendix No. 3) and issues a receipt (Appendix No. 4) about its acceptance.

   The application may be accompanied by necessary materials: specific facts or signs of violations of the rights of participants in educational relations, persons who committed violations, circumstances.

   The meeting of the Commission is held no later than ten calendar days from the date of receipt of the application. The person who applied to the Commission, the person whose actions are being appealed, and the representative bodies of participants in educational relations of the organization carrying out educational activities are notified of the date of the meeting on the day of its appointment (Appendix No. 5).

1. The person who sent an appeal to the Commission has the right to be present when this appeal is considered at a meeting of the Commission. Persons whose actions are appealed in the appeal also have the right to attend the meeting of the Commission and give explanations. Their absence does not prevent the consideration of the appeal and the adoption of a decision on it.

Final provisions

5.1. The regulations are adopted taking into account the opinions of the Council of High School Students, the School Council,

5.2. Changes to the Regulations can only be made taking into account the opinions of the Council of High School Students, the School Council, as well as a representative body of employees of an organization carrying out educational activities.

School conflict is a common phenomenon within the walls of an educational institution. Disagreements between children, difficulties in interaction between teacher and parent, misunderstanding between children and teacher are the basis for the emergence of conflict in school. How to understand who is right and who is wrong in such a conflict? The administration is often involved in resolving such disagreements. educational institution, and psychological services, and school ombudsmen. There is another mechanism for resolving contradictions that arise at school - the creation of a conflict commission or a commission to resolve disputes between participants in educational relations. The conflict commission is a special legal mechanism for protecting the rights of students in an educational organization. It is assumed that the main task of the conflict commission is to resolve disagreements through evidence-based explanation and acceptance optimal option conflict resolution.

Conflicts that arise at school can arise between parents and teachers, between students, and between students and teachers. Conflicts most often arise between children. In most cases, such conflicts can be resolved quickly and with the participation of class teacher. Often children can independently find a way out of a conflict without the participation of adults. If children turn to a teacher, then the teacher should calmly, without putting pressure on the child necessary help and resolve situations. Parents should remember that conflict is not always destructive. There are many constructive conflicts that lead to the resolution of disagreements and a way out of an unfavorable situation. It is very often possible to observe how conflicts add to the experience and social skills a child needs in life. adult life. Therefore, parents should give their child a hint on how to act at school with peers if a conflict arises, and not decide everything for him.

The most acute conflicts that require intervention from the administration and consultation from the director are conflicts between teachers and parents. The reasons can be very different. In accordance with Federal Law No. 273-FZ of December 29, 20012 “On Education in the Russian Federation” (hereinafter referred to as the Law), parents have the right to protect the rights of their children by all means not prohibited by the legislation of the Russian Federation (Article 45 of the Law).

In a conflict situation, parents must remember that the first step should be a trial within the walls of the educational institution. You can write a written complaint addressed to the school principal. The school director must respond to this complaint within 30 days from the date of registration with the secretary (Article 12 of the Federal Law No. 59-FZ of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation”). The Law states that parents have the right to send to the governing bodies of an organization carrying out educational activities requests for the application of disciplinary sanctions to employees of these organizations who violate and (or) infringe on the rights of students, parents (legal representatives) of minor students. Such appeals are subject to mandatory consideration by the specified bodies with the involvement of students and parents (legal representatives) of minor students.

Another way to resolve a conflict in a school would be to create a commission to resolve disputes between participants in educational relations, including issues regarding the presence or absence of a conflict of interest for a teaching worker.

In what cases are conflict commissions created at school?

A commission for the settlement of disputes between educational participants is created for the purposes of:

1. Resolving disagreements between participants in educational relations regarding the implementation of the right to education.
2. In cases of a conflict of interest of a teaching worker.
3. Appeals against decisions to impose disciplinary sanctions on students.
4. Features of the application of local regulations.

How is the composition of the conflict commission formed?(Article 45 of the Law)

A conflict commission is created in an educational organization from an equal number of representatives of adult students, parents/legal representatives of minor students, and school employees.

The decision of the commission to resolve disputes between participants in educational relations is mandatory for all participants in educational relations and is subject to the deadlines specified in the decision. The commission's decision can be appealed.

A local act approving the procedure for creating, organizing work, and making decisions of a commission for resolving disputes between participants in educational relations is adopted by the school, taking into account the opinion of the student council, the council of parents and other representative bodies.

The reasons for the conflict between teachers and parents can be a violation of pedagogical ethics, dissatisfaction with the methods of education and training, and the opinion that grades are unjustifiably underestimated. A commission for the settlement of disputes between participants in educational relations must be created and operate in every organization carrying out educational activities.

The Dispute Resolution Commission must objectively consider appeals from participants in the educational process. In your decisions, be guided by the rule of respecting the rights and freedoms of participants in the educational process. The main goal of the commission is to resolve disagreements between participants in the educational process. The Commission is responsible for the safety of documents and other materials considered at the Commission meeting. As for controversial issues when teaching students, the conflict commission can consider:

• issues of organizing training according to an individual plan;
• questions about the objectivity of assessment in an academic subject during the current academic year/academic quarter/trimester;
• questions of admission to intermediate and final certification, etc.

In order to competently and reliably resolve the conflict, the commission turns to the parties to the dispute for data. The commission also uses various regulatory documents, information and reference literature in its activities. After hearing the opinions of both parties, the commission makes a decision to resolve the dispute. Members of the commission have the right to invite witnesses to the conflict or related specialists. The work of the commission is documented in a protocol. The commission can be formed for a period of one year. The composition of the commission is approved by order of the head of the educational organization. The commission is headed by a chairman, elected by the members of the commission from among them by a simple majority of votes from the total number of members of the commission. The head of an educational organization cannot be elected chairman of the commission.

Powers of the chairman of the commission:

• carries out general management of the commission’s activities;
• chairs the meeting of the commission;
• signs the minutes of the commission meeting.

Applications to the commission can be sent by students, parents (legal representatives) of minor students, teaching staff and their representatives, the head of an educational organization or a representative of an educational organization acting on the basis of a power of attorney. The deadline for contacting the commission must be indicated in the local educational act from the moment when the participant (participants) of educational relations learned or should have learned about the violation of their right (their rights).

The Commission for Resolving Disputes of Participants in the Educational Process does not consider reports of crimes and administrative offenses, as well as anonymous appeals, and does not conduct inspections into cases of violation of official discipline.

If the commission establishes signs disciplinary offense in the actions (inaction) of a teacher or employee of an educational organization, information about this is presented to the head of the educational organization to resolve the issue of applying liability measures provided for by law to the student or employee of the educational organization.

If the commission establishes the fact that a participant in educational relations committed an action (fact of inaction) containing signs administrative offense or corpus delicti, the chairman of the commission is obliged to transfer information about the commission of the specified action (inaction) and documents confirming this fact to law enforcement agencies within three days, and if necessary, immediately.

The student and parents (legal representatives) of a minor student have the right to appeal to the commission disciplinary measures and their application to the student.

When considering this issue, the commission may invite interested parties to receive oral explanations. The commission may invite a minor student to give oral explanations and testimony, provided that this does not cause psychological trauma to the child and complies with moral and ethical standards.

How is a conflict regarding the interests of a teaching worker addressed?

The chairman of the commission organizes the familiarization of the teaching worker in respect of whom the issue of resolving a conflict of interest, members of the commission and other persons participating in the commission meeting with the information received by the commission and the results of its verification. The meeting of the commission is held in the presence of the teaching worker in relation to whom the issue of resolving a conflict of interest is being considered. If there is a written request from a teaching worker to consider this issue without his participation, the meeting of the commission is held in his absence. If a teaching worker or his representative fails to appear at a meeting of the commission, in the absence of a written request from the teaching worker to consider this issue without his participation, consideration of the issue is postponed. In the event of a second failure to appear by a teaching staff member or his representative without valid reasons, the commission may decide to consider this issue in the absence of the teaching staff member. Based on the results of consideration of the issue of the presence or absence of a conflict of interest of a teaching employee, the commission makes one of the following decisions:

• establish that the teaching employee complied with the requirements for resolving conflicts of interest;
• establish that the teaching employee did not comply with the requirements for resolving conflicts of interest. In this case, the commission recommends that the head of the educational organization point out to the teaching staff the inadmissibility of violating the requirements for resolving conflicts of interest or apply a specific measure of responsibility to the teaching staff.

The decisions of the commission are executed within the time limits established by it.

The work of the conflict commission is one of the mechanisms for protecting the rights of the child and teacher in an educational organization. Also, the work of such a commission can become an initial institution for familiarizing children with legal methods of resolving disputes.

1.1. The regulation on the commission for the settlement of disputes between participants in educational relations [name of the organization carrying out educational activities] (hereinafter referred to as the regulation) was developed in accordance with the current legislation of the Russian Federation.

1.2. This provision determines the procedure for creating, organizing work, and making decisions by a commission for resolving disputes between participants in educational relations (hereinafter referred to as the commission), as well as the procedure for executing these decisions.

1.3. The purpose of the commission’s activities is to resolve disagreements between participants in educational relations on the implementation of the right to education, including in cases of a conflict of interest of a teaching worker, the application of local regulations, and appeals against decisions to impose disciplinary sanctions on students.

1.4. In its activities, the commission is guided by the Constitution of the Russian Federation, Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation", the Labor Code, the Charter of [name of the organization carrying out educational activities] and other regulations.

2. Procedure for creating a commission

2.1. The commission is created from an equal number of representatives of adult students or parents (legal representatives) of minor students (hereinafter referred to as parents) and employees of the organization.

The commission includes [meaning] a representative from parents and the organization.

2.2. Representatives from the organization's employees are elected at a general meeting of the workforce through open voting.

Employees who have received greatest number votes.

2.3. Representatives from parents are elected at a general parent meeting through open voting.

The parents who receive the largest number of votes are considered elected to the commission.

2.4. If for some reason a member of the commission cannot carry out the duties assigned to him, the general meeting of the work collective or the general meeting of parents elects another representative within [meaning] days.

2.5. At the first meeting, the commission, through an open vote, elects from among its members the chairman of the commission, his deputy and the secretary.

2.6. Chairman of the commission:

Opens the meeting;

Declares the meeting valid or makes a decision to postpone it due to lack of quorum;

Announces the end of the commission meeting.

2.7. The commission's term of office is [term].

3. Organization of the commission’s work, decision-making procedure

3.1. The commission meets if any of the participants in educational relations submits an application to resolve the conflict.

3.2. After receiving the application, the commission in its entirety and with the participation of the applicant and the respondent considers the conflict and, based on the results of the consideration, makes a reasoned decision.

The application must be considered by the commission no more than [meaning] days from the date of its receipt. Taking into account the complexity of the conflict being resolved, the consideration period may be increased to [value] days.

3.3. The decision of the commission is made by a majority vote and is recorded in the minutes of the commission meeting, signed by the chairman and secretary.

The protocols are stored in [name of the organization carrying out educational activities] for [meaning] years.

3.6. The commission is independent in its activities; when making decisions, it is guided only by current regulations, as well as moral and ethical standards.

3.7. Before making a decision, the commission has the right to carry out preventive measures aimed at resolving the conflict through reconciliation of the parties.

3.8. The decision is mandatory for all participants in educational relations in the organization and is subject to execution within the time limits specified by the specified decision.

3.9. The commission's decision can be appealed in accordance with the procedure established by the legislation of the Russian Federation.

3.10. At the request of one of the parties to the conflict, the decision of the commission may be issued to him in writing.

3.11. Members of the commission do not have the right to disclose information that has become known to them in the process of exercising their powers to resolve conflicts.

3.12. Members of the commission have the right to request Additional information, materials for studying the issue.

3.13. Members of the commission are obliged:

Attend all commission meetings;

Accept Active participation in the activities of the commission;

4. Final provisions

4.1. This regulation comes into force from the moment of approval by [name of position or management body].

Agreed:

[signature, initials, surname]

[day month Year]