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 service, 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 educational relations. The conflict commission is a special legal mechanism for protecting the rights of students in 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. Happens a lot constructive conflicts, which lead to the resolution of disagreements, exit from 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 dated December 29, 20012 “On Education in 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. 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:
- Resolving disagreements between participants in educational relations regarding the implementation of the right to education.
- In cases of a conflict of interest of a teaching worker.
- Appeals against decisions to impose disciplinary sanctions on students.
- 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 causes of conflict between teachers and parents may also be violation pedagogical ethics, and dissatisfaction with methods of education and training, an opinion about the unreasonable underestimation of grades. 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. Concerning controversial issues when teaching students, the conflict commission may 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 regulations, information and reference literature. 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 total number 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 of a disciplinary offense in the actions (inaction) of a student 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 has committed an action (fact of inaction) containing signs of an administrative offense or crime, 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 harm psychological trauma 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 meeting of the commission 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.
POSITION
about the dispute settlement commission
between participants in educational relations
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 review body 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 the Russian Federation”, Labor Code RF, the Charter of the Municipal Budgetary Educational Institution “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. Those elected to the commission for the settlement of disputes between participants in educational relations from school employees are those who receive a majority of votes in the general meeting team.
2.3. Those elected to the commission for the settlement of disputes between participants in educational relations from the parent community are considered candidates who received a majority of votes in the general parent meeting.
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 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 in local acts of educational institutions in order to democratize the foundations of management educational institution or expanding 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
- Illegal refusal of enrollment in an educational organization, obstruction of access to education.
- Providing educational services that do not meet the requirements of federal state educational standards.
- Violation of the right of students to provide them with free use of textbooks and other educational literature.
- 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.
- Presentation of demands for donations, payment for (carrying out) repairs of educational organizations.
- Carrying out events not provided for curriculum, during training sessions.
- Involving students in work not provided for educational programs, without their consent.
- The use of educational methods associated with physical and (or) mental violence against the student’s personality.
- Derogation of the honor, dignity and business reputation of participants in educational relations, violation of their property rights.
- The absence of local acts in the educational organization regulating the implementation of educational programs.
- Lack (lack of) objectivity in assessing students’ knowledge and educational achievements.
- Failure to comply with requirements for the protection of personal data of students and their legal representatives.
- untimely provision of assistance to students injured during the educational process, concealment of cases of harm to the health of students.
- 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 Countering 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 Federal Law“On countering 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 public authorities in the fight against manifestations of fascism and other forms of political extremism in the Russian Federation”
AGREED APPROVED by the Council ________________________________ Order ___________________ (name of the educational organization) (name of position (Minutes dated "___"________ ____ city N ___) of the head of the educational organization) ____________________________ (name of the educational organization) dated "___"_______ ____ city N ___ General meeting of the staff __________________________________________ (name of the educational organization) (Protocol dated "___"________ _____, N ___) Regulations on the commission for the settlement of disputes between participants in educational relations __________________________________________ (name of the educational organization)
1. GENERAL PROVISIONS
1.1. This Regulation has been developed in accordance with Art. 45 of the Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation” and establishes the procedure for creating, organizing the work, making and executing decisions of the Commission for the settlement of disputes between participants in educational relations (hereinafter referred to as the “Commission”).
1.2. The commission 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 teaching staff, the application of local regulations, and appeals against decisions to impose disciplinary sanctions on students.
2. PURPOSE AND OBJECTIVES OF THE COMMISSION
2.1. The purpose of the Commission is to protect the rights and legitimate interests of participants in educational relations (students, parents (legal representatives) of students, teachers).
2.2. The objectives of the Commission are:
Resolving disagreements that arise between participants in educational relations regarding the implementation of the right to education;
Analysis of the causes of occurrence and prevention of conflict situations in an educational organization;
Promoting the development of conflict-free interaction in an educational organization;
Promoting prevention and social rehabilitation participants in conflict situations.
3. PROCEDURE FOR ELECTING THE COMMISSION
3.1. The commission is created consisting of ______ (______) people from an equal number of representatives of adult students, parents (legal representatives) of minor students, employees of the organization carrying out educational activities.
The formed composition of the Commission is announced by order of the head of the educational organization.
3.2. Members of the Commission elect a chairman and secretary from among themselves.
3.3. The term of office of the Commission is _______ (_______) years.
3.4. Members of the Commission carry out their activities free of charge.
4. ORGANIZATION OF THE COMMISSION’S ACTIVITIES
4.1. The commission meets as necessary - in the event of a request from a participant in educational relations regarding the emergence of a conflict situation.
4.2. At its meeting, the commission, after listening to the opinions of all parties to the conflict, makes a decision. The commission has the right to invite to its meetings other participants in educational relations, in addition to the parties to the conflict.
4.3. The commission is obliged to consider the appeal and make a decision on it within ____________ from the date of receipt.
4.4 The decision of the Commission is considered valid if at least _______ members of the Commission were present at the meeting of the Commission.
4.5. The decision of the Commission is documented in a protocol signed by the chairman and secretary of the Commission.
4.6. The Commission’s decision is binding on all participants in educational relations in an educational organization and is subject to execution within the time limits specified by the said decision.
4.7. The Commission's decision may be appealed in accordance with the procedure established by the legislation of the Russian Federation.
5. RIGHTS AND OBLIGATIONS OF THE COMMISSION
5.1. The commission has the right:
5.1.1. Accept for consideration applications from any participant in educational relations.
5.1.2. Request additional documentation, materials for conducting self-study question.
5.2. Members of the Commission are obliged:
5.2.1. Attend all meetings of the Commission.
5.2.2. Take an active part in reviewing submitted applications orally or in writing.
5.2.3. Make decisions on stated issues by open voting.
5.2.4. Make a decision in a timely manner, unless additional deadlines for consideration of the application are specified.
5.2.5. Provide reasoned responses to applicants, orally or in writing, in accordance with the applicants' wishes.
Approved by order of the director
(name of educational organization)
from ________ No. ____
POSITION
on the commission for resolving disputes between participants in educational relations
1. This provision establishes the procedure for the creation, organization of work, adoption and execution of decisions by the Commission for the settlement of disputes between participants in educational relations (name of the educational organization - hereinafter referred to as the Organization) (hereinafter referred to as the Commission).
2. These Regulations were approved taking into account the opinion of the student council (minutes dated _____ No. ___), the council of parents (legal representatives) of minor students of the Organization (minutes dated _____ No. ___) and the representative body of employees (name of the educational organization) (minutes dated _____ No. ___) .
3. The Commission is created in accordance with Article 45 of the Federal Law of December 29, 2012 No. 273-FZ “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 conflict interests of the teaching staff, issues of application of local regulations of the Organization, appealing decisions on the application of disciplinary sanctions to students.
4. The commission is created consisting of (...) members from an equal number of representatives of parents (legal representatives) of minor students and representatives of employees of the organization.
The delegation of representatives of participants in educational relations to the Commission is carried out by the council of parents (legal representatives) of minor students of the Organization and the representative body of employees of the Organization.
In the event of the creation and operation of several representative bodies of workers in the Organization, delegation to the Commission is carried out by a body authorized to conclude collective agreement Organizations.
The formed composition of the Commission is announced by order of the Director of the Organization.
5. The term of office of the Commission is two years (another term is possible).
6. Members of the Commission carry out their activities free of charge.
7. Early termination of the powers of a member of the Commission is carried out:
7.1. on the basis of a personal application from a member of the Commission for exclusion from its composition;
7.2. at the request of at least 2/3 of the members of the Commission, expressed in writing;
7.3. in case of expulsion from the Organization of a student whose parent (legal representative) is a member of the Commission, or dismissal of an employee who is a member of the Commission.
8. In case early termination powers of a member of the Commission, a new representative from the corresponding category of participants in the educational process is elected to its composition in accordance with clause 3 of these Regulations.
9. In order to organize the work, the Commission elects a chairman and a secretary from among its members.
10. The commission meets as needed. The decision to hold a meeting of the Commission is made by its chairman on the basis of an appeal (complaint, application, proposal) from a participant in educational relations no later than 5 ( approximate period) school days from the date of receipt of such a request.
11. The appeal is submitted in writing. The complaint states specific facts or signs of violations of the rights of participants in educational relations, persons who committed violations, circumstances.
12. The commission makes decisions no later than 10 school days from the start of its consideration. A meeting of the Commission is considered valid if at least 3/4 of the members of the Commission are present.
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.
For an objective and comprehensive consideration of appeals, the Commission has the right to invite to meetings and hear other participants in educational relations. The failure of these persons to appear at a meeting of the Commission or an unmotivated refusal to testify is not an obstacle to consideration of the appeal on the merits.
13. The Commission makes a decision by a simple majority of votes of the members present at the meeting of the Commission.
14. 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.
If violations of the rights of participants in educational relations arose as a result of a decision made by an educational organization, including as a result of the publication of a local normative act, The Commission makes a decision to cancel this decision of the educational organization (local regulatory act) and indicates the deadline for execution of the decision.
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.
15. The decision of the Commission is documented in a protocol.
The decision of the Commission is binding on all participants in educational relations and is subject to execution within the specified period.
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