Many teachers of educational organizations found themselves in a situation where the administration, hiding behind words about the transition period and production needs, forced to keep both an educational journal in electronic and paper form. And is it legal?
For work we need
Order of the Ministry of Education and Science of Russia dated May 11, 2016 N 536 “On Approval of the Peculiarities of Working Time and Rest Time for Pedagogical and Other Employees of Organizations educational activities"(hereinafter - Order No. 536);
- Letter of the Ministry of Education and Science of Russia dated February 15, 2012 N AP-147/07 "On guidelines for the implementation of systems for maintaining progress logs in electronic form" (hereinafter - the letter of the Ministry of Education and Science).
Almost all teachers of educational organizations faced situations when the administration, hiding behind words about the transition period, production needs, etc., forced them to keep an educational journal in electronic and paper form at the same time. So here it is this requirement illegal and against the law.
According to paragraph 3, clause 2.3 of Order No. 536 in educational organization a journal and diaries of students are kept in electronic (or paper) form. That is, the Ministry of Education and Science itself excludes the simultaneous maintenance of two journals, but school administrations successfully practice this.
The letter from the Ministry of Education and Science describes in detail the procedure for introducing electronic journal.
Thus, according to the letter, a transitional period is being introduced, during which the regulatory framework is being put in order and a material base is being created for using the electronic journal (computers, the Internet, etc.). Next, a working group is created, which is engaged in filling the electronic journal and testing it. IN working group employees of the educational organization are included on the basis of the order of the director, and since this work is not included in the job description, it must be paid additionally. All other employees are trained to work with the electronic journal. During the transitional period, a limited circle of people, who are named in the order of the director, work with the electronic journal, all the rest are only waiting for their training (training).
Moreover, for clarity, I will quote from a letter from the Ministry of Education and Science: “... When introducing electronic forms of accounting, it is necessary to comply labor law. An unjustified increase in labor costs for maintaining double accounting is unacceptable, workplaces must be properly equipped.
A draft explanatory note of a teacher that does not fill out an electronic journal in parallel with a paper one that has not been canceled in an educational organization:
I, Ivanov Ivan Ivanovich, do not enter data into the electronic journal of an educational organization due to the fact that I was not included in the working group for the implementation of the electronic journal in the manner prescribed by Art. 60.2 of the Labor Code of the Russian Federation, did not give written consent to the implementation of additional labor function What's more, I don't get paid for it.
Paragraph 3, clause 2.3 of the Order of the Ministry of Education and Science of Russia dated May 11, 2016 N 536 “On Approval of the Peculiarities of the Working Hours and Rest Time of Pedagogical and Other Employees of Organizations Carrying out Educational Activities” provides for the maintenance of educational journals and diaries of students in an educational organization exclusively or in paper, or electronic form.
Source - project
POSITION
about electronic journaling and electronic diary
1. General Provisions.
1.1. Electronic classroom journal and electronic diary is called a complex software tools, which includes the database and means of access to it;
1.2. This provision has been developed on the basis of the following documents:
GEF NOO ( ) item 26
FGOS LLC ( ) item 26
-
"On methodological recommendations for the introduction of systems for maintaining progress logs in electronic form"
- Letter of the Ministry of Education and Science "On clarifications to the guidelines for the implementation of systems for keeping progress logs in electronic form" dated 11/21/2014
1.3. The regulation is intended to ensure the provision of services in electronic form in the school in accordance withFederal Law No. 210 dated July 27, 2010 "On the organization of the provision of state and municipal services" and the priority list of state and municipal services provided by the executive authorities of the constituent entities of the Russian Federation and bodies local government in electronic form, as well as services provided in electronic form by institutions and organizations of the constituent entities of the Russian Federation and municipal institutions and organizations, approved by Decree of the Government of the Russian Federation of December 17, 2009 No.N1993-r at EPGU in the field of education and science:
Enrollment in educational institutions;
Providinginformation on the results of passed exams, control, as well as on enrollment in an educational institution;
Providing information about the student's current progress;
1.4. The electronic journal is a state regulatory and financial document;
1.5. Keeping the information stored in the database of the electronic class register up to date is mandatory;
1.6. Maintaining an electronic journal is mandatory for every teacher and class teacher;
1.7. The users of the electronic journal are: school administration, teachers, class teachers, students and parents (legal representatives);
1.8. It is strictly forbidden to allow students to work (view only) with an electronic journal.
1.9. This provision establishes uniform requirements for maintaining an electronic class journal, an electronic diary.
1.10. The Regulation is adopted by the School's Pedagogical Council, which has the right to make changes and additions to it, and is approved by the Director of the School.
2. Goals and objectives.
Electronic journal, electronic diary is used to solve the following tasks:
2.1. Fixing and regulation of stages and level of actual assimilation of training programs;
2.2. Storage of data on progress and attendance of students;
2.3. Output of information stored in the database to paper, for execution in the form of a document in accordance with the requirements of Russian legislation;
2.4. Quick access to grades for the entire period of journaling, in all subjects, at any time;
2.5. Automate the creation of periodic reports for teachers and administration;
2.6. Timely informing parents on the progress of their children;
2.7. Informing parents and students about homework and passing programs in various subjects;
2.8. Possibility of direct communication between teachers, administration, parents and students, regardless of their location.
3. Rules and procedure for working with an electronic class journal.
3.1. The technical specialist ensures the proper functioning of the electronic journal;
3.2. Users receive access details to the electronic journal in the following order:
- teachers, class teachers, administration receive access details from a technical specialist;
- parents and students receive access details from the class teacher and a memo for parents on working with an electronic journal, an electronic diary;
3.3. The secretary promptly submits information to the technical specialist about the arrival (departure) of students and personal data for making changes to the electronic journal.
3.4. Class teachers timely fill in and monitor the relevance of data about students, correspond with parents;
3.5. Teachers timely fill in the data on curricula and their passage, on the progress and attendance of students;
3.6. Parents and students have access only to their own data, and use the electronic journal, electronic diary for viewing and correspondence.
4. Duties of the class teacher.
The class teacher must:
4.1. Fill out student information. Regularly, at least once a month, check for changes in actual data and, if such changes occur, make appropriate amendments;
4.2. At the beginning of each educational period, together with subject teachers, divide the class into subgroups;
4.3. Systematically inform parents about the student's progress and behavior through the system's internal mail, or through " Information mail for parents".
5. Duties of subject teachers.
5.1. The electronic journal is filled in by the teacher on the day of the lesson;
5.2. The teacher is obliged to systematically check and evaluate the knowledge of students, as well as to note attendance;
5.3. The preparation of a calendar-thematic plan by the teacher is carried out before the start school year. The number of hours in the calendar-thematic plan should correspond to the curriculum;
5.4. All records in all academic subjects (including lessons in foreign language) should be conducted in Russian with the obligatory indication of not only the topics of the lessons, but also the topics of practical, laboratory, tests, excursions;
5.5. When dividing the class into subgroups by subject, the composition of the subgroup is determined by the teachers of these groups, together with the class teacher. Records are kept individually by each teacher leading the group;
5.6. On the “page of the topic of lessons and assignments”, the teacher is obliged to enter the topic studied in the lesson, homework;
5.13. In the 1st grade, grades in the journal, diaries and notebooks are not put in any academic subject.
6. Giving final grades.
6.1. The final grades of students for a quarter, a year must be justified;
6.2. For objective attestation of students for a quarter, it is necessary to have at least three marks with the obligatory consideration of the quality of students' knowledge in written, laboratory and practical work;
6.3. When setting quarterly, annual, final marks, the entry "n / a" is not allowed. In the absence of current grades in the subject due to illness of the student or for any other reason, it is recommended to extend the period of study of this student with the subsequent delivery of the current material in the form of a test, exam or other form. If the student has a certificate of the medical group of health in the classroom physical education theoretical knowledge in the subject is positively evaluated. Recording "sv." in the log is not allowed;
6.4. Final grades for a quarter, year are set in the "Final grades" column;
6.5. Final grades are posted no later than 3 days before the end of the study period.
7. Control and storage.
7.1. The director of a general education institution and his deputies for educational work and a technical specialist are required to ensure the smooth functioning of the electronic journal, regular backups;
7.2. Control over the maintenance of the electronic journal is carried out by the director and deputy director and at least once a month;
7.2. At the end of each academic quarter, the electronic journal is checked especially carefully. Attention is paid to the actual assimilation of the program (compliance with the curriculum and thematic planning); objectivity of current and final grades; the presence of control and current verification work;
7.3. At the end of each academic year, electronic journals are archived.
8. Rights and responsibilities of users.
8.1. Rights:
- All users have the right to timely advice on working with the electronic journal;
8.2. Responsibility:
- Teachers are responsible for completing grades and student attendance records accurately and on a per-hour basis;
- Class teachers are responsible for keeping class lists and student information up to date;
- All users are responsible for the safety of their access details;
- The technical specialist is responsible for the technical functioning of the electronic journal, as well as data backup and restoration up to date.
For work, we need - Order of the Ministry of Education and Science of Russia dated May 11, 2016 N 536 “On approval of the Peculiarities of the working hours and rest time of pedagogical and other employees of organizations engaged in educational activities” (hereinafter - Order No. 536); - Letter of the Ministry of Education and Science of Russia dated February 15, 2012 N AP-147 / 07 "On methodological recommendations for the implementation of systems for maintaining progress logs in electronic form" (hereinafter - the letter of the Ministry of Education and Science). Almost all teachers of educational organizations faced situations when the administration, hiding behind words about the transition period, production needs, etc., forced them to keep an educational journal in electronic and paper form at the same time. So, this requirement is illegal and contrary to the law. According to paragraph 3 of clause 2.3 of Order No. 536, an educational organization maintains a journal and diaries of students in electronic (or paper) form. That is, the Ministry of Education and Science itself excludes the simultaneous maintenance of two journals, but school administrations successfully practice this. The letter from the Ministry of Education and Science describes in detail the procedure for introducing an electronic journal. Thus, according to the letter, a transitional period is being introduced, during which the regulatory framework is being put in order and a material base is being created for using the electronic journal (computers, the Internet, etc.). Next, a working group is created, which is engaged in filling the electronic journal and testing it. The working group includes employees of the educational organization on the basis of the order of the director, and since this work is not included in the job description, it must be paid additionally. All other employees are trained to work with the electronic journal. During the transitional period, a limited circle of people, who are named in the order of the director, work with the electronic journal, all the rest are only waiting for their training (training). Moreover, for clarity, I will quote from a letter from the Ministry of Education and Science: “... When introducing electronic forms of accounting, it is necessary to comply with labor laws. An unjustified increase in labor costs for maintaining double accounting is unacceptable, workplaces must be properly equipped. ”Draft explanatory note of a teacher who does not fill out an electronic journal in parallel with a paper one that has not been canceled in an educational organization: I, Ivanov Ivan Ivanovich, do not enter data into an electronic journal educational organization due to the fact that he was not included in the working group on the implementation of the electronic journal in the manner prescribed by Art. 60.2 of the Labor Code of the Russian Federation, did not give written consent to perform an additional labor function, moreover, I do not receive an additional payment for this. Paragraph 3, clause 2.3 of the Order of the Ministry of Education and Science of Russia dated 11.05. other employees of organizations engaged in educational activities” provides for the maintenance of educational journals and diaries of students in an educational organization exclusively either in paper or electronic form. Source - Education Ombudsman project
"This is a pretty serious issue. It's about on compliance Labor Code RK. Teachers should not enter information into a private company database for free. Although some are convinced that since the teacher works at the school, he is obliged to carry out such assignments. But in this case, this work is not provided for by the standard labor duties of a Civil Servant.
There are several requirements of the Code that must be met:
1) Article 7 of the Code contains the concept of "Forced labour". It means any work or service required of any person under the menace of any penalty, for which that person has not offered himself voluntarily. That is, forcing teachers to do something without documenting it is prohibited.
2) There is only one thing left - to include it in the Employment Contract. For working teachers in Employment Contract there was no requirement to fill out an electronic journal. And according to the Code, you cannot demand to fulfill something that is not in the Treaty. Therefore, it is necessary to comply with Article 46. Changing working conditions
1. In connection with changes in the organization of production associated with the reorganization or changes in economic, technological conditions, labor organization conditions and (or) a reduction in the scope of work for the employer, it is allowed to change the working conditions of the employee while continuing to work in accordance with his specialty or profession, corresponding qualifications. When working conditions change, appropriate additions and changes are made to the employment contract.
2. The employer is obliged to notify the employee in writing about the change in working conditions that occurred for the reasons specified in paragraph 1 of this article, no later than fifteen calendar days unless labor or collective agreements provide for a longer notice period.
Well, you have to pay for it accordingly. If there is money.
3) If we require teachers to fill out an electronic journal, then in accordance with the code, the Employer Must "provide workers with equipment, tools, technical documentation and other means necessary for the performance of labor duties, at the expense of own funds"In other words, give the teacher the opportunity to use a work computer connected to the Internet. And as far as I know, schools cannot yet provide it. This is Article 23. The main rights and obligations of the employer.
In terms of development equal competition business structures, there are also questions. So for example why only one private project has such support that teachers are forced to fill out information in their free time. First, it's a business. So the goal is to make money. Then you have to share - that is, pay those who create this database. Or in each school it is necessary to contain paid operators.
Otherwise, there will be not quite fair competition with other services.
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