Hello, our university has been deprived of state funding. accreditation, it is not state-owned. Within how many days should we be transferred to another university and how long can this issue be resolved? What should graduates do? Can an institute simply abandon its students?
Maksim
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Koreneva Svetlana AlekseevnaLawyer
In case of license cancellation, the procedure for transferring students is carried out with their written consent. Within five days, the university must inform about its closure in writing and post this notice, for example, on the website educational institution, with indicating the reason.
The university is obliged to provide students with options for transfer, as well as detailed information about educational institutions. When transferring to another institution, the specialty, form of study, course, basis of study and cost are retained if the student studied for a fee. The organization transfers to the receiving organization a list of students, copies of curricula, relevant written consents of persons, personal files of students, agreements on the provision of paid educational services with individuals.
Transfer of students does not depend on time school year. The student may refuse the transfer, but in this case the student indicates this in a written application.
However, the organization is not responsible for the transfer of such a student.
The Federal Service for Supervision in Education and Science (Rosobrnadzor) informs about the issuance of orders banning the admission of applicants until violations are eliminated to another 17 Russian universities at the end of 2015.
The Federal Service for Supervision in Education and Science, in order to inform students, reports that during the period from December 17 to December 24, 2015 year, the department signed orders and instructions on the suspension and deprivation of state accreditation educational programs and a ban on admitting students.
Based on the results of inspections of legal entities by Rosobrnadzor, state accreditation was completely suspended for:
1. Branch of NOU 8PO “International Institute of Economics and Law” in the city of Astrakhan
2. Branch of NOU 8PO “International Institute of Economics and Law” in the city of Beloretsk
3. Branch of NOU 8PO “International Institute of Economics and Law” in the city of Omsk
4. Branch of the National Educational Institution of Higher Professional Education "International Institute of Economics and Law" in the city of Chelyabinsk
5. Samara branch of NOU VPO "University" Russian Academy education"
6. Novomoskovsk branch of the National Educational Institution of Higher Professional Education "University of the Russian Academy of Education"
7. Krasnoyarsk branch of the National Educational Institution of Higher Professional Education "University of the Russian Academy of Education"
8. Budenovsky branch of the private educational institution of higher education “Institute of Friendship of the Peoples of the Caucasus”
9. Zavodukolsky branch of the Ural Institute of Commerce and Law
10. Borisoglebsk branch of AONO VO “Institute of Management, Marketing and Finance”
11. NNOU VPO " Humanitarian Institute»
12. Salekhard branch of the Ural Institute of Commerce and Law
13. ANOO VO "Industrial Institute"
14. ANOO VO "Regional Financial and Economic Institute"
15. NIGHT VPO "Lipetsk Institute of Management"
16. NOU VPO "Institute of Management, Business and Technology"
17. NOU VPO "Moscow Institute of Economics, Politics and Law"
Partially suspended effect of state accreditation in relation to enlarged groups directions and specialties:
18. Krasnoyarsk Institute railway transport(branch) FSBEI HPE "Irkutsk State University means of communication":
19. State Autonomous Educational Institution of Higher Education “Naberezhnye Chelny State Trade and Technological Institute”:
080000 Economics and management (specialty, bachelor's)
100000 Service sector (bachelor's degree)030000 Humanitarian sciences(specialty)
20. NOU VPO "Siberian Academy of Law, Economics and Management":
020000 Natural Sciences(specialty, bachelor's)
030000 Humanities (specialty, bachelor's)
070000 Culture and art (bachelor's degree)
080000 Economics and management (specialty, bachelor's)
090000 Information security (specialty, bachelor's)
For failure to eliminate inconsistencies in the content and quality of student training partially deprived of state accreditation:
1. Federal State Budgetary Educational Institution of Higher Professional Education "Rostov State University of Civil Engineering":
080000 - Economics and management (specialty, bachelor's, master's)
2. Branch of the Federal State Budgetary Educational Institution of Higher Professional Education "Kuzbass State Technical University named after T.F. Gorbachev" in Belovo: 080000 - Economics and management (specialty)
For failure to comply with the order within the established time frame by Rosobrnadzor reception prohibited V:
1. Federal State Budgetary Educational Institution of Higher Professional Education "St. Petersburg State Forestry University named after S.M. Kirov"
2. N(H)OU VPO "South Sakhalin Institute of Economics, Law and Informatics"
3. Branch of the Federal State Budgetary Educational Institution of Higher Professional Education "Rostov State Transport University" in Tuapse
4. NIGHT VPO "Institute market economy, social policy and rights"
5. Private educational institution of higher professional education "Baltic Institute" foreign languages and intercultural cooperation"
6. JSC VO "International Slavic Institute"
7. Volgograd branch of JSC VO “International Slavic Institute”
8. NIGHT VO "Moscow Academy of Entrepreneurship under the Moscow Government"
9. NIGHT VPO "Institute of Russian Theater"
10. Branch of the National Private Joint-Stock Company VO “Ural Institute of Economics, Management and Law” in Kamensk-Uralsky
11. Kushvinsky branch of the NOUCHU VO "Ural Institute of Commerce and Law"
12. ANOO VO "Kaliningrad Institute of Management"
13. Branch of the Federal State Budgetary Educational Institution of Higher Professional Education "Dagestan State University" in Derbent
For reference:
A license for the right to conduct educational activities is issued to a university by Rosobrnadzor and confirms its right to provide services for the implementation of educational programs. In case of cancellation, the university is obliged to stop educational activities.
The presence of a certificate of state accreditation at a university confirms the compliance of the activities of a higher educational institution with federal state educational standards.
In case of suspension or revocation of state accreditation, the university can still conduct educational activities and issue to persons who successfully passed the final certification documents on education and (or) qualifications, samples of which are independently established educational organizations.
At the same time, the university cannot issue diplomas of the standard established by the Russian Ministry of Education and Science and guarantee students a deferment from service in the Armed Forces of the Russian Federation upon conscription.
In case of suspension or cancellation of a license, as well as suspension or deprivation of state accreditation of an educational organization, the founder of the university is obliged to ensure the transfer of students, with their written consent, to other higher education institutions. educational establishments for state-accredited programs in similar areas of training while maintaining all the conditions of training (form and course, as well as the cost of training).
Admission to an educational organization is prohibited in case of failure to comply with the instructions of Rosobrnadzor. The ban on admitting students does not impose other restrictions on the educational activities of the university.
Deprivation of state accreditation.If, within the period established by the body for control and supervision in the field of education, the organization carrying out educational activities has not eliminated the identified discrepancy, the body for control and supervision in the field of education deprives the organization carrying out educational activities of state accreditation in full or in relation to certain levels of education , enlarged groups of professions, specialties and areas of training.
In accordance with part 26 of article 92 Federal Law No. 273-FZ
"On education in Russian Federation"(hereinafter referred to as the Federal Law
No. 273-FZ) an organization carrying out educational activities has the right to submit an application for state accreditation no earlier than one year after the deprivation of its state accreditation.
In accordance with Part 9 of Article 34 of Federal Law No. 273-FZ approved Procedure and conditions for the transfer of transfer of persons studying in educational programs of secondary vocational and higher education, to other organizations carrying out educational activities under the relevant educational programs, in the event of termination of the activities of the organization carrying out educational activities, cancellation of the license, deprivation of the organization of state accreditation for the relevant educational program, expiration of the state accreditation for the relevant educational program ( order of the Ministry of Education and Science of Russia
dated 08/14/2013 No. 957) (Further - Order).
According to paragraph 2 of the Procedure, the founder and (or) the authorized management body of an organization carrying out educational activities, in the event that the organization is deprived of state accreditation for the relevant educational program, is obliged to ensure the transfer of students with their written consent, that is, upon a written application of the student.
Transfer of students is carried out to the host organization to state-accredited educational programs of the appropriate level and focus, to the same profession, secondary specialty vocational education or specialty, direction of higher education, maintaining the form of study, course of study, basis of training (at the expense of budgetary allocations federal budget, budgets of the constituent entities of the Russian Federation, local budgets or at the expense of individuals and (or) legal entities), as well as the cost of training (when studying under agreements for the provision of paid educational services with individuals and (or) legal entities). The transfer of students does not depend on the period (time) of the academic year (clause 3 About).
In addition, on the basis of a written application of an adult student or a written application of a minor student with the written consent of his parents (legal representatives), the student may be transferred to the host organization with a change in profession, specialty of secondary vocational education or specialty, direction of higher education or to his chosen another receiving organization. The specified transfer is carried out in accordance with the Procedure for transferring students from one higher educational institution to another, which is determined by the “Procedure for transferring students from one higher educational institution of the Russian Federation to another”, approved by order of the Ministry of Education of Russia dated February 24, 1998 No. 501(Further - Transfer procedure).
Clause 3 of part 1 Transfer order it is determined that the transfer of citizens receiving education in non-accredited higher educational institutions to accredited universities for any form of study can be carried out after they exercise the right to certification in the form of an external study, with the exception of areas of training and specialties of higher professional education, the receipt of which in the form of an external study is not allowed .
According to Part 3 of Article 34 of Federal Law No. 273-FZ, persons who have completed the basic educational program in an educational program that does not have state accreditation have the right to undergo external intermediate and state final certification in an organization that carries out educational activities in the corresponding educational program that has state accreditation.
In case of expulsion from the organization in accordance with Part 12
Article 60 of Federal Law No. 273-FZ Persons who have mastered part of the educational program are issued a certificate of training or the period of training according to the model independently established by the organization carrying out educational activities.
According to clause 6 of part 1 of the Procedure for admission to study in educational programs of higher education - bachelor's programs, specialty programs, master's programs, approved by order of the Ministry of Education and Science of the Russian Federation dated October 14, 2015 No. 1147(Further - Admission procedure), admission to study programs is carried out for the first year.
At the same time, in accordance with paragraph 3 of part 1 of Article 34 of Federal Law No. 273-FZ, students are given the right to study according to an individual curriculum, including accelerated learning, within the limits of the educational program being mastered in the manner established by local regulations.
According to paragraph 44 of part 3 of the Procedure for organizing and carrying out educational activities in educational programs of higher education - bachelor's programs, specialty programs, master's programs, approved by order of the Ministry of Education and Science of the Russian Federation dated December 19, 2013 No. 1367(Further - Order), with accelerated training, the reduction in the period of obtaining higher education in an educational program is carried out through credit (in the form of re-certification or re-credit) in whole or in part of the learning results in individual disciplines (modules) and (or) individual practices mastered (passed) by students.
The decision to accelerate the training of a student is made by the organization on the basis of his personal application.
Paragraph 46 of part 3 About implementation of educational activities determines that credit for learning outcomes is carried out to a student in a master's program - on the basis of a specialist diploma, master's diploma, certificate of advanced training, diploma presented by the student professional retraining, certificates of training or period of study.
Suspension/deprivation of state accreditation does not affect the course of the educational process. Organizations carrying out educational activities (hereinafter referred to as organizations) have the right to conduct educational activities and issue to persons who have successfully passed the final certification documents on education and (or) qualifications, samples of which are independently established by educational organizations. At the same time, organizations cannot conduct state final certification, issue documents on education and (or) qualifications according to the established model federal body executive power, performing the functions of producing public policy and legal regulation in the field of education, issue summons certificates giving the right to provide guarantees and compensation to employees combining work with education. In addition, in the event of deprivation/suspension of an organization’s state accreditation, students cannot be guaranteed a deferment from conscription into military service.
What to do if a university is deprived of accreditation? Should I leave or stay? After all, public and private unaccredited institutes and universities can continue to conduct educational activities, but lose the right to issue diplomas official sample, issue a summons certificate (for correspondence students) for the session, provide deferments from the army. It is useful for state and contract students concerned about their future to know where they can continue their studies and whether there is a chance to get back the money they have already paid.
What does it mean to deprive a university of accreditation?
Having accreditation gives the right to an organization of higher professional education not only to train students, but also to issue state-issued diplomas. If a university or institute has been deprived of accreditation, the document received after graduation does not give the right to further studies in master's or postgraduate studies in specialized areas. With him, it will not be easy for a graduate to get a good position in prestigious government and budget institutions.
After the license is revoked, the university is obliged to completely stop educational activities, deprivation of accreditation limits the rights and privileges of the institution, but does not mean a ban on student education.
What should students do if the university has not been accredited?
If a university is deprived of accreditation, students who still want to obtain a state-issued document must transfer to another Educational establishment. For this procedure, in order to protect the interests of students, the law establishes clear regulations for actions.
When transferring students, the original conditions (specialty, form, course and cost of training) must be preserved.
The university, for its part, must:
- within five days, notify of the deprivation of accreditation and its consequences for students by posting a message on its website indicating the reasons for the sanction;
- provide students with a choice optimal options for transition and detailed information about educational institutions ready to accept students;
- transfer the list, applications and personal files of students to the host university, educational plans, agreements concluded for contract training.
The student has the right to refuse the transfer by indicating this in the application.
Students, in turn, must:
- write an application for admission to the chosen institute by transfer;
- request a certificate from the educational department indicating the hours and names of disciplines attended;
- obtain a certificate from the new university with information about the faculty and course where you plan to enroll.
Often, when transferring, it is necessary to eliminate academic debt in some disciplines that has accumulated due to a mismatch of programs.
Refund for tuition
According to the law, contract workers have the right to compensation for funds paid in advance for training. If an educational institution evades fulfilling its duties, students can file a complaint with the prosecutor's office.
Students have the right to demand cancellation of the contract for paid education and compensation for losses: for example, compensation for expenses for educational literature, transport, payment of housing.
How to find out if a university is problematic
It is extremely difficult to predict in advance whether a university will lose its accreditation, but it is possible to determine whether it is at risk. First of all, applicants should carefully study the website of the educational institution. IN open access basic information must be indicated: payment procedure, curricula and program, final certification materials. If there is no data, you should think about the feasibility of admission.
It would be good when information about Rosobrnadzor’s instructions received over the entire period of its existence will be posted on the website educational organization. A big plus is the note to eliminate all comments.
You should also pay attention to the year the documents were issued in order to determine when the university expects its next accreditation commission (held once every five years).
A balanced approach to choosing an educational institution for admission minimizes the risks of unpleasant force majeure situations. But even if a university is deprived of accreditation, students should not despair, because the law provides for transfer to other, prosperous universities while preserving the original conditions of study.
Rosobrnadzor revoked the licenses of the Lipetsk Institute of Management and the Moscow Banking Institute, and banned branches of the Volga federal university in Naberezhnye Chelny and the Moscow University of Humanities and Economics in Voronezh to accept students, and also deprived the Institute of Friendship of the Peoples of the Caucasus of state accreditation in two specialties - “service and tourism” (bachelor’s degree) and “law” (master’s degree). This is reported on website departments.
Lipetsk and Moscow universities were deprived of their licenses based on a decision of the Arbitration Court.
The license of the Moscow Banking Institute was suspended back in 2016, but now it has lost it completely.
Deprivation of state accreditation applies to all branches of the offending university. The ban on student enrollment was due to the fact that certain violations had already been identified in the branches, but universities were unable to eliminate them. Now, by law, they must transfer students to other universities to state-accredited programs in similar areas of training while maintaining all conditions of study.
The presence of a certificate of state accreditation at a university confirms the compliance of the activities of a higher educational institution with federal state educational standards. So the Institute of Friendship of Peoples of the Caucasus has the right to continue teaching students, but
will have to give them documents own sample, will not be able to issue diplomas of the standard established by the Russian Ministry of Education and Science and guarantee students a deferment from conscription service in the Armed Forces of the Russian Federation.
Prior to this, Rosobrnadzor had already left a dozen universities without a license in just a few months. The license was lost by the Institute of Russian Theatre, the Kislovodsk Institute of Economics and Law, the Slavic-Greek-Latin Academy and other educational institutions. Even more universities are left without the ability to recruit students, but they are still able to train those already recruited.
The most resonant story was the one with the European University in St. Petersburg. Back in August 2016, the university underwent 11 inspections by various departments, two of which led to lawsuits.
Rosobrnadzor insisted that the university committed 120 violations - from the lack of its own gym to a shortage plastic windows on the internal facades of the university building.
Claims were also made against the teaching staff: the teachers of sociology and political science had no practical experience.
Since the first meeting, representatives of Rosobrnadzor and European University met in the courtroom with enviable consistency. The university is trying to convince Rosobrnadzor that the university restoration project is already ready and paid for. During the restoration, he plans to move to another building. On July 13, the university administration hopes to finally close the issue of the license and is even ready for a court decision not in its favor.
“The very next day, July 14, we will submit documents for a new license and present the classrooms in temporary premises to the Rosobrnadzor commission,” says the new rector of the university, Nikolai Vakhtin.
When inspecting a university, attention is paid to both the quality of education and its technical equipment, scientific activity and even information posted on the university website -
there should not be false information and a list of all specialties and areas of student training should be presented, the possibility of training in all forms that are available at the university should be indicated, and the presence of a military department should be indicated.
Even if violations are identified, the university will most likely have a chance to correct them -
for example, Voronezh State University was given six months to put in order the training schedule for lawyers and economists.
The main violations that Roskomnadzor has already identified are the lack of material and technical base necessary for the implementation of educational programs, lack of educational and teaching documentation, non-compliance of the level of teaching staff with the requirements defined by law, development of admission rules for the current year based on outdated regulatory documents .
In 2016, only nine universities and one branch lost their license. Only one left without accreditation state university, nine non-state and one branch. And the very first list of universities deprived of their license, published by Rosobrnadzor, included 126 universities, including state ones.
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