Regulations on the provision of paid additional educational services. Regulations on the provision of paid additional educational services Paid services

Photo: Victor Pogontsev / Lori Photobank

Paid services in secondary schools have become a widespread phenomenon. According to the federal law on education, it is now impossible to take money from parents of schoolchildren only for those services that are included in the educational standard - for everything else it is possible. DISLIFE studied how families of metropolitan schoolchildren now have to optimize their expenses.

Checkmate

The introduction of paid classes at school coincided with a sharp reduction in their number - and not only because many parents refused to pay for clubs. In 2013, a secret campaign began to reduce part-time teachers. It was necessary to bring the teacher's salary to the regional average - President Vladimir Putin set this task for educational institutions. As a result, chess, theater and dance clubs were closed in many schools.

Special courses, individual lessons, in-depth study of subjects, Olympiad preparation and after-school training have become paid. The general director of the Distance Tutor company, which offers its services for additional education for children outside of school, Svetlana Pavlova says:

“The school has been moving toward paid services for a long time. Where they can, they maintain free clubs for general cultural development. Where the clubs have been transferred to the paid services section, all reserves have already been exhausted.”

According to her, parents interested in the all-round development of their children will have to find either money for clubs or free time to keep their children occupied at home.

Sports - free, English - for money, if you want to go to school - pay

According to statistics from the Moscow government services website, 70% of school clubs in the capital are free, most of them are sports, many are tourism and local history clubs. English and choreography top the ranking of paid classes at school.

On average, Moscow parents pay from 2 to 4 thousand rubles per month for one club. The most expensive fields (up to 6 thousand rubles) are linguistics, linguistics, physics and music. The services from the “social pedagogy” section are slightly inferior to them in price: “smart guys”, logorhythmics, individual lessons with a speech therapist, “development”, “knowledge”, rhythmics, “gramoteyka”, speech development, “preschool children”, “abvgdeyka” , “We speak correctly,” as well as classes with a defectologist.

Additional study of French, German and English costs from 3.5 to 5 thousand rubles per month. Sports activities and fine art clubs are presented in a wide range - from 1.5 to 4.5 thousand rubles.

→ open in new window Infographic: Anna Klassen

More sophisticated services have also appeared, for example, classes under tutor support programs individually and in small groups. The cost of the lesson is from 800 rubles per astronomical hour (group of three people) to 1000 rubles (individual training). This should not be confused with tutor support for children with disabilities - it should be free.

There are also preparation courses for the school itself. Such work is carried out free of charge in all kindergartens, but parents are not interested in the quality of knowledge provided to their children, but in the guarantee of getting into the first grade of a prestigious school. For this reason, they send the child for paid training.

The price range is impressive. At GBOU “School No. 1223 Linguistic Center” training courses (twice a week for three hours) cost 9 thousand rubles. per month. This price does not include teaching materials and notebooks. In GBOU secondary school No. 717 - 5 thousand rubles. At GBOU Secondary School No. 601, preparation for school is free, but, as DISLIFE was told, this is the last year.

Enterprising parents are trying to save money. “We went to training until March, payment was by month. When it became clear that we were going to this school, we quit,” says Tatyana Kuznetsova, mother of a student at school No. 717.

Paid extension: pros and cons

Since September 2014, most capital schools have introduced paid after-school education, which has caused particular dissatisfaction among parents. The following circumstance also played a role: a parent can receive a tax deduction for additional paid courses, but not for an extension course.

Prices for extended day groups are approved by the Moscow Department of Education. They range from 1,700 to 4,000 rubles per month. Where the pay is lower, there are often no benefits. The decision on the availability of benefits according to the law (Article 66 of the Law “On Education in the Russian Federation”) is decided by the school council, and, as DISLIFE sources say, it takes into account the opinion of parents who do not want to pay for beneficiaries, for whom the state in this case does not allocate money.

Photo: Sergey Lavrentiev / Lori Photobank

Most often, the paid nature of after-school care causes complaints and dissatisfaction among families with many children. At school No. 717, after-school fees are not even recalculated in the event of a child’s illness, which is contrary to general practice - for example, kindergartens are always paid on an actual basis, for the days attended.

Olga Toporikova, a mother of three children, picks up her 8- and 11-year-old sons from school No. 1959 in Maryino: “Since September 2015, after-school care is paid, it costs about 1,200 rubles, there are no benefits. I’m not working right now, so as an alternative to the after-school group, I work closely with the children myself. We don’t pay for mugs either.”

Nadezhda Aleshkina also has three children - 16, 12 and 10 years old. They go to school No. 2099 (SAO). When the after-school program was free, the youngest daughter remained in the group. “The children walked there a lot, and, if there was time, they did their homework. They didn’t do anything special,” Nadezhda recalls.

If children in grades 3-4 can go home on their own after classes, then working parents of first-graders have no choice - until the third grade, the child will not be allowed to go home alone, even if mom and dad write consent. You will have to pay for the after-school program, even if the children do not do anything special during it.

However, someone also found advantages in introducing paid extension services.

“The opening hours have changed - before it was until 18.20, now it is until 19.20,” says Irina Mamonova, mother of 8-year-old Ira, a second-grader at school No. 1250 with advanced study of English (SAE). - My daughter goes to after-school care 1-2 days a week, we pay 500-600 rubles for it. Lessons with children are done with high quality, individually.”

How will this come back to haunt you?

In 2015, the average salary in Moscow was 64 thousand rubles. Even with two working parents, the cost of school clubs can “eat up” 5-10% of the family budget, especially if there is more than one child.

At the same time, paying for a club does not at all guarantee the quality of education - everything here depends on the teachers and there are no standards.

“The emergence of paid services is a normal, natural consequence of building a capitalist economy in Russia,” says Pavel Sigal, first vice-president of the all-Russian public organization of small and medium-sized businesses “Support of Russia”. He clarifies:

“Of course, at first the quality of services will be low and the price will be inflated. But in a few years, parents will learn to demand quality teaching, and we will get a transparent, understandable market for school services. In addition, money for various needs has been collected in schools for many years, behind the scenes and without any reporting, it was a “gray” market, and now it is becoming a white market.”

“Some families can afford services of a higher quality, and they do,” says Sergei Kosaretsky, director of the Institute of Education center at the Higher School of Economics. - We see that citizens with high incomes more often buy services related to a foreign language, educational tourism, and elite sports that require expenses not only for a coach, but also for equipment. The poor often receive a low-quality product in the paid education market. If things continue like this, we will have serious consequences in increasing social inequality. This could be combatted with the help of targeted support measures - for example, certificates for additional education services for a certain amount for children from low-income families.” There are no such certificates yet.

The issue of quality of services in this area remains not the most fundamental.

“The concept of educational institutions is that children need to be occupied with leisure time. Not even for development, but so that there is no time for dangerous entertainment,” says psychologist Maria Katz, who works with teenagers. - Roughly speaking: a busy child is a good child. And a tired child is completely comfortable for all adults. I personally don’t like this concept, but on a large scale, schools have no other ways to protect a child from the street. In this sense, the reduction of free clubs primarily affects vulnerable segments of the population.”

Every year the number of paid services in schools is growing. But the fundraising procedure is not always clear and transparent for parents. Let's try to understand the issue of paid school education in Russia and dot all the i's. Moreover, political strategists had already taken advantage of the hot topic of fees for education before the State Duma elections in December of the year before last - and significantly thickened the picture. A message spread across social networks that United Russia had initiated the adoption of a law on paid education. They say that there will be a minimum of subjects financed by the state, and if a parent wants to provide his child with a full-fledged education, then let him pay from his own pocket.

And indeed, amendments to Federal Law No. 83 “On Education” were adopted. But the main thing about them is not paid education, but the new status of educational state (municipal) institutions. Agree, it is difficult to keep lyceums, gymnasiums with in-depth study of subjects, and rural schools where there are not enough subject teachers in one place. The amendments allowed the transition of schools to autonomous institutions in order to provide them with more independence and the ability to flexibly manage available funds. Let’s say that now, on a legal basis, for extra-budgetary funds, it is possible to attract university teachers to give lectures to a school under an agreement. They had been invited before, but the issue of payment remained, as it were, on the sidelines.

At the same time, general secondary education guaranteed by the Constitution of the Russian Federation remains free . Everything that is included in the curriculum and educational standards is financed from the federal budget; you can familiarize yourself with them.

List and forms of paid services must be enshrined in the school charter. That is, you can build a financial relationship with the school if you want to agree on an individual schedule or additional classes for your child. The list of paid educational services is listed in Article No. 45 of the Law “On Education”. There are few of them:

training in additional educational programs;
teaching special courses and cycles of disciplines;
tutoring;
classes with students in in-depth study of subjects;
other services not provided for by the relevant educational programs and federal state educational standards (for example, Olympiad preparation).

But if we are talking about additional teaching hours according to the profile of the educational institution, they are also paid for by the state, not by parents. That is, when sending a child, for example, to the Information Technology Lyceum, parents do not have to pay for computer science lessons beyond the educational standard. Be aware of this, because the decision on the availability or absence of a particular educational service is, first of all, made by the Parents Committee and the School’s Board of Trustees. These organizations are authorized to make changes to the school charter.

Outside their competence - transfer of the school to autonomous status. This decision is made by the founder, for example, the educational authority of your city. But, again, in any form of institution (state-owned, budgetary or autonomous), schooling within the framework of the standard and the educational program adopted on its basis is free. Paid can only be additional educational services, but they are paid only at the request of the parents, and not by force. You can always complain to the founder of an educational institution about excessive collections from parents. And if local complaints do not help, you can use the discussion platform of the Ministry of Education and Science of the Russian Federation.

Don't be afraid of change. Rumors that in a year or two in Russia, like in Europe, parents will pay for school tuition are just rumors. Dmitry Medvedev announced this in 2012 at a special meeting dedicated to improving the legal status of budgetary institutions.

“No transition to paid education is expected and does not follow from the law; the previous standards for the provision of educational services remain,” Medvedev concluded from the explanations given to him by the head of the Ministry of Education and Science Andrei Fursenko. “We can absolutely confidently say that the volume of budget services and free education to the population will not decrease - clearly, it will increase,” the minister said.

Paid services. How to register according to the law

If you decide to send your child to paid courses or to an after-school program at school, then first of all, you need to sign an agreement with the school. In exchange for tuition fees, you must be given cashier's checks that are recorded at your local accounting office. If, upon admission to school, you are asked to write a receipt that you do not mind paying for additional educational services, refuse! Each parent signs individual contract, with a list of additional services and an indication of their cost. Unsatisfied with the quality of the service provided? There will be something to go to court with. Or to the prosecutor's office, where school fees are of special importance.

Various" present" parents of the school can also be formalized under an agreement. In accordance with Article 7.1 of the Federal Law of August 11, 1995 No. 135-FZ “On Charitable Activities and Charitable Organizations,” the conditions for a volunteer to carry out charitable activities on his own behalf can be enshrined in a civil law agreement concluded between the volunteer and the beneficiary, and the subject of which is are the gratuitous performance of work and (or) provision of services by a volunteer in the interests of the beneficiary. The conditions for a volunteer’s participation in the charitable activities of a legal entity can be enshrined in a civil contract concluded between this legal entity and the volunteer and the subject of which is the volunteer’s free performance of work and (or) provision of services within the framework of the charitable activities of this legal entity.

It should be noted that non-profit organizations must independently build relationships with parents of educational institutions who wish to take part in the activities of such an organization through contracts, statements, issuing membership cards, etc.

In accordance with the instruction letter of the Ministry of Education of the Russian Federation dated December 15, 1998 No. 57 “On extra-budgetary funds of educational institutions”, contributions of funds (donations) by individuals and (or) legal entities, including parents (legal representatives) of students, are carried out only on a voluntary basis intended purpose for the current account of an educational institution. The decision to contribute funds and their amount is made by the donors themselves (parents (legal representatives) of students, organizations of various forms of ownership (including non-profit organizations created to assist educational institutions) individually or through general meetings. Parents (legal representatives) students have the right to refuse from paying funds or paying them in a smaller amount at your discretion.

About extortion at school

When money is collected "unnecessarily" without contracts or checks, and no one knows where it is spent, in this case parents begin to talk about extortion. To avoid them, parents must be prepared to constantly monitor the school’s actions. The activity of parents is one of the aspects of education reform: we ourselves choose a school for the child, we ourselves determine the number and degree of in-depth subjects and, of course, we control the result.

Public control is one of the reasons for the “popular dislike” of the amendments on the autonomy of educational institutions. Why is it common for teachers to hold parent-teacher conferences? After all, it is the parents who must decide what the class needs. And the fulfillment of any duties is based on control, on parental control. To make changes in the school, it is necessary to act on behalf of the Parents' Committee and the School's Board of Trustees.

If parents are passive, the class teacher becomes the last person in the story of raising funds “for the needs of the school.” On a Siberian forum I found an illustration to this thesis: “Our class didn’t pay for school either, so the director “ate” our teacher - it seems like he doesn’t work well with parents. And she paid out of her own pocket and told us about this at the meeting. And that - the parents, of course, collected money, but only for her. But in general, I think there’s no point in going to the meeting - talking only about money, about studying at a minimum - it seems like classes are unimportant for school now.”

School renovation

We read the Submission of the Prosecutor General's Office of the Russian Federation dated April 28, 2006 No. 21-22-06 “On eliminating violations of the legislation guaranteeing the right to receive basic general education.” These violations include the decision of the parents' meeting to collect funds and building materials for school renovation. Such decisions of parent meetings are considered a gross violation of the legislation of the Russian Federation on education. The Prosecutor General's Office regularly advocates for ending the practice of extortion from parents.

Anti-rating: what do parents pay for?

Having looked through Russian school forums, you come to the conclusion that although our education is free, parents will still have to pay. Parents of first-graders “suffer” the most. They are not yet familiar with school accounting. They are presented with a whole list of what they need to pay for: an entrance fee to the school fund, a uniform, a set of textbooks, a contribution to the class fund. Plus, parents of first-graders buy a lot of things “for the classroom” - new desks, wall aids, media equipment. And then, when children go to the second level of education and leave the class, what will they take with them?

Second place in the ranking of school “extortions” is occupied by the payment of school security and cleaning staff. It is clear that these are very modest charges, from 30 to 100 rubles, but the most common. Meanwhile, if the school cannot pay for them from its own funds, this is the problem of the school, not the parents.

Next in popularity is supplementary payment for school lunches. It's hard to disagree with this. We all worry about the health of our children and understand that science does not work on an empty stomach. If the school has a busy program, there should be both a school lunch and a school breakfast.

In fourth place are the already mentioned school renovations and the purchase of media equipment: computers, interactive whiteboards, plasma panels (of course, not for the director’s office, but to watch films about animals during Environmental Science lessons). Let's comment on it this way: if the parent committee decided that the school canteen will be renovated with extra-budgetary money, but they will do everything as it should, then so be it. But in general, updating the school in every sense is not the task of parents. That is why there is a national project “Education”, according to which schools must receive all modern means of teaching lessons (projectors, computers, interactive whiteboards, etc.). Within its framework, there are programs “School Window” and “School Roofing”, which involve carrying out major repairs in schools. Considerable funds are allocated from this program for each region of the Russian Federation. The school director, as a competent manager, should bring these funds to his school, and not collect them from parents.

Closing the anti-rating are the items “for the needs of the school,” “for the needs of the class,” and “for gifts for the teacher and classmates.” The wording is very vague and the range of fees here is very different: from 200 rubles to tens of thousands of rubles per year, depending on the school.

What other paid services are offered in schools in your region?

Regulations on the provision of paid additional educational services. The contractor is obliged, before concluding a contract for paid educational services, to provide the customer with reliable information about himself and the educational activities and additional educational services provided. The method of delivering information to the consumer is established by the contractor independently, except for cases when it is determined by the legislation of the Russian Federation. At the same time, the contractor is obliged to ensure accessibility of information (methods of delivering information to the customer: announcements, booklets, prospectuses, information on stands, provision of information at the request of the customer).

The Contractor is obliged to provide the customer with information containing the following information:

name (last name, first name, patronymic - for an individual entrepreneur) of the performer, which must contain an indication of the organizational and legal form and nature of the activity (Article 54 of the Civil Code of the Russian Federation), and for higher vocational educational institutions, in accordance with paragraphs 5, 6 of Article 9 of the Federal Law “On higher and postgraduate professional education”, also the status, that is, the type of educational institution (university, academy or institute);
location (legal address) of the performer. According to Article 54 of the Civil Code of the Russian Federation, the location of a legal entity is determined by the place of its state registration and is indicated in its constituent documents;
information about the availability of a license to conduct educational activities;
certificate of state accreditation (for educational institutions) indicating the registration number, date of registration, validity period and the body that issued the certificate;
the level and focus of the implemented basic and additional educational programs, the forms and timing of their development;
a list of educational services, the cost of which is included in the basic fee under the contract, and a list of additional educational services provided with the consent of the customer, the procedure for their provision;
the cost of educational services provided for a basic fee under the contract, as well as the cost of educational services provided for an additional fee, and the procedure for their payment;
admission procedure and requirements for applicants;
form of document issued upon completion of training.

A branch, department or other territorially separate structural unit of an educational institution also provides the consumer with information about whether he has a power of attorney to exercise, in whole or in part, the powers of the educational institution.
A citizen engaged in individual labor teaching activities must provide information on state registration as an individual entrepreneur, indicating the registration number, date of registration and name of the registering authority.
The contractor is obliged to provide this information to the customer, about which a corresponding entry is made in the acceptance documents, which is certified by the customer’s personal signature.

At the request of the customer, the contractor is obliged to provide:

the contractor's charter, regulations on the branch, department, other territorially separate structural unit of the contractor;
sample contracts, including an agreement on the provision of paid additional educational services;
basic and additional educational programs;
a list of categories of applicants entitled to receive benefits, as well as a list of benefits provided in the provision of paid basic and additional educational services, in accordance with federal laws and other regulatory legal acts;
other information related to the contract and the relevant educational service.

Municipal autonomous educational institution
"school ______________" Moscow

General provisions.
1.1. This Regulation on the provision of paid additional educational services (hereinafter referred to as the Regulation) was developed in accordance with the Federal Law of the Russian Federation “On Education in the Russian Federation” dated December 29, 2012 No. 273-FZ, Resolution of the Government of the Russian Federation dated August 15, 2013 No. 706 “ On approval of the rules for the provision of paid educational services”, the Charter of the institution and other regulations of the Russian Federation.
1.2. These Regulations determine the procedure and conditions for the provision of paid additional educational services at the School “_______________” in Moscow.
1.3. This Regulation regulates the relationship that arises between the consumer and the provider when providing paid additional educational services in an institution.
1.4 School “_______________” Moscow has the right to provide paid additional educational services to the population, enterprises, institutions and organizations that are not provided for by the relevant educational programs and federal state educational standards in accordance with the license for educational activities.
1.5. Paid additional educational services are educational services provided in addition to the main educational program guaranteed by the Federal State Educational Standard.
1.6. The provision of paid additional educational services cannot damage or worsen the quality of the provision of basic educational services, which the institution is obliged to provide free of charge.
1.7. Paid educational services cannot be provided in place of educational activities financed from the budget.
1.8. Paid additional educational services may be provided to consumers solely on a voluntary basis. The consumer’s refusal of the offered paid additional educational services cannot be the reason for a decrease in the volume of basic educational services provided to him by the educational institution.
Goals and objectives.
2.1. School “_______________” in Moscow provides paid additional educational services in order to most fully meet the educational needs of citizens.
2.2. The main tasks solved by the institution in the implementation of paid additional educational services are:
— saturation of the market with educational services;
— more complete provision of the right of students (pupils) and other citizens to education;
— implementation of additional educational programs;
— adaptation and socialization of students;
— development of creative abilities, improvement of students’ health;
— attraction by the institution of additional sources of financing.
List of paid additional educational services.
3.1. School “_______________” in Moscow provides the following types of paid additional educational services on a contractual basis:
— “Caramel” (dance training);
— “Yoga – in black and white”;
-sports games: “Basketball”;
-sports games: “Football”;
-sports games: “Volleyball”;
Preparing children for school:
- “English for kids”;
- “Magic palms”;
- “One step, two steps”;
- “Petit pa” (dance);
- “On the road to the ABC”;
-"Entertaining mathematics"
— “Robotics”;
- “Cambridge English: Beginner”;
- “Cambridge English: continuing”;
- “Cambridge English: continuing 1-11”;
- “Second foreign language, German”;
School tutor:
-"Russian language";
-"Mathematics";
-"Algebra";
-"Geometry";
-"Story;
- “To young smart people and smart girls.”
The procedure for providing paid additional educational services.
4.1. To organize paid additional educational services School “_______________” Moscow:
4.1.1. Studies the demand for additional educational services and determines the expected contingent of students;
4.1.2. Creates conditions for the provision of paid additional educational services, taking into account the requirements for the protection and safety of the health of students (pupils);
4.1.3 A training program is developed and approved for each service in the institution;
4.2. Head of the School “_______________” Moscow: issues an order on the organization of paid additional educational services (indicating the officials responsible for the organization of services, identifying responsibilities, determining the personnel involved in the provision of services, the list of persons receiving paid additional educational services, working hours groups and assigned premises).
4.3. To carry out work on providing paid additional educational services, both the main employees of the institution and outside specialists can be involved.
4.4. The institution enters into additional agreements or contracts with employees who take part in the organization and provision of paid additional educational services. The work schedule and class schedule are approved.
4.5. Paid additional educational services are provided on the terms specified in the agreement with the customer of the services. The agreement is concluded in writing in two copies, one of which remains with the customer of the services. The contract specifies the nature of the services provided, the duration of the contract, the amount and terms of payment for the services provided, as well as other conditions.
4.6 The cost of the provided paid additional educational services in the contract is determined by agreement between the contractor and the customer of the services in accordance with the calculations approved by the head of the institution for each type of services provided.
4.7. Paid additional educational services are provided during free time from the main educational process.
4.8. When providing paid additional educational services, the institution carries out:
— maintaining separate records of working hours and drawing up separate work schedules for personnel;
— maintaining separate records of student attendance at classes for each type of service;
4.9. School “_______________” in Moscow regularly ensures the availability (including by posting on information stands) of the following information for all participants in the educational process (parents, students, pupils, teachers):
— name and location (address) of the institution;
— information about the availability of a license for the right to conduct educational activities, indicating the registration number and validity period, as well as the name, address and telephone number of the authority that issued them;
— certificates of state accreditation indicating the registration number and validity period, as well as the name, address and telephone number of the authority that issued them;
— information about the founder of the institution (name, location, telephone, email address);
— the level and focus of the educational programs being implemented, the forms and timing of their development;
— list of provided paid additional educational services;
— conditions for the provision of paid additional educational services;
— amount of payment for services provided;
— samples of contracts for the provision of paid additional educational services;
— a list of categories of consumers entitled to receive benefits, as well as a list of benefits provided when providing paid additional educational services, in accordance with federal laws and other regulatory legal acts of the Russian Federation;
— schedule of classes for paid additional educational services;
— teaching staff involved in the provision of paid additional educational services;
— those responsible for organizing paid additional educational services;
— regulations governing the procedure and conditions for the provision of paid additional educational services
4.10. Payment for the provided paid additional educational services is made through credit institutions in the amount and within the time frame determined by the agreement.
4.11. Employees involved in the organization and provision of paid additional educational services in the institution are paid for the organization and provision of these services depending on the amount of income received from the provision of services.
4.12. The person responsible for the organization of paid additional educational services in the institution is responsible for this activity, timely receipt of funds for services rendered, provision of time sheets for attendance of services, time sheets for employees involved in the provision of paid additional educational services, execution of contracts with customers of services, contracts with employees involved in the provision of these services.
4.13. School “_______________” in Moscow has the right to carry out joint activities to provide paid additional educational services with an organization that has a license for educational activities, subject to the conclusion of an agreement defining the procedure and conditions for the joint provision of services.
4.14. School "_______________" in Moscow provides benefits for paid educational services to the following categories:
- employees of the institution in the amount of 50% of the contract value;
— large and low-income families in the amount of 20% of the contract price (upon provision of supporting documents).
The procedure for receiving and spending funds received from the provision of paid additional educational services.
5.1. Funds received from the provision of paid additional educational services are approved by the financial and economic activity plan of the institution. When implementing the plan for financial and economic activities, the School “_______________” in Moscow independently spends funds received from the provision of paid additional educational services.
5.2. The accounting department of the institution maintains separate statistical and accounting records of all operations on income and expenses of funds received from the provision of paid additional educational services, compiles and submits reports in the prescribed manner.
5.3. Income received from the provision of paid additional educational services is distributed as follows:
for the payment of wages (including insurance contributions) at least 70%: of which to the head of the educational institution up to 10% (according to the order of the Department of Education):
for other expenses up to 30%:
— to pay for utilities up to;
- to pay for work and services for property maintenance;
— to pay for other services;
— to increase the cost of fixed and material inventories;
— to pay tax to an organization operating under the simplified tax system.
5.4. Remuneration for employees involved in the organization of paid additional educational services is made on the basis of the order of the head of the School “_______________” Moscow, time sheets submitted to the accounting department of the institution. Remuneration for teaching staff is established based on the cost of one hour of educational service, taking into account the volume of work performed (load).
Rights and obligations of the contractor and customers of services.
6.1. School "_______________" Moscow has the right:
— develop programs sold as paid additional educational services;
— spend the funds received from the provision of paid additional educational services in accordance with the approved plan of financial and economic activities;
— terminate the contract for the provision of paid additional educational services unilaterally in the event of unlawful actions by the customer of the services.
6.2. School "_______________" Moscow is obliged to:
— bear responsibility for the life and health of students while in the institution;
— implement paid additional educational services on time, with high quality and in full;
- do not allow disruption of classes without good reason;
6.3. The customer of paid additional educational services has the right:
— get acquainted with the regulatory documents regulating the activities of the institution to provide paid additional educational services;
— make proposals to change the terms of the contract for the provision of paid additional educational services before its signing;
— select the offered paid additional educational services;
— terminate the contract if it discovers significant deficiencies in the services provided or other significant deviations from the terms of the contract.
6.4. The customer of paid additional educational services is obliged to:
— ensure that the consumer attends paid additional educational classes;
- warn the institution about absence from classes for a valid reason;
— warn the institution in advance of its intention to stop receiving paid additional educational services;
— timely pay fees for paid additional educational services provided;
— fulfill the terms of the contract for the provision of paid additional educational services;
- comply with the rules of conduct established in the institution.
Responsibility of the performer and customers of services.
7.1. Management of activities for the provision of paid additional educational services at the School “_______________” in Moscow is entrusted to the head of the institution, who, in accordance with current legislation:
— organizes the financial and economic activities of the institution;
— bears responsibility for the quality of paid additional educational services provided by the institution.
7.2. For non-fulfillment or improper fulfillment of obligations under the contract, the contractor and the customer bear responsibility under the contract and the current legislation of the Russian Federation.
7.3. In case of improper fulfillment of obligations under the contract for the provision of paid additional educational services, including their provision not in full, provided for by educational programs and curricula, the customer has the right, at his choice, to demand:
— free provision of services in full;
— a corresponding reduction in the cost of paid additional educational services provided;
- reimbursement of expenses incurred by him.
7.4. Claims and disputes arising between the consumer and the service provider are resolved through negotiations. If it is impossible to resolve disputes through negotiations, the parties have the right to go to court in accordance with the current legislation of the Russian Federation.
Control over the provision of paid additional educational services.
8.1. Control over compliance with the law in terms of the provision of paid additional educational services is carried out by the Founder of the institution and other bodies and organizations that are entrusted with control functions in accordance with the laws and other regulatory legal acts of the Russian Federation.
8.2. It is prohibited to involve students and pupils in financial relations between their parents (legal representatives) and the institution.
8.3. Employees of the institution are prohibited from illegally collecting cash from parents (legal representatives) of students and pupils (payment for services provided and (or) for paid additional educational services), as well as forcing them to receive paid additional educational services.
8.5. The accounting department of the institution exercises financial control over operations carried out in the provision of paid additional educational services, accounting for funds received from the provision of paid additional educational services, their expenditure, calculation of payment for paid additional educational services provided, calculation of wages for employees involved in the provision of paid additional educational services. services, payment of necessary taxes, reporting on the attraction and expenditure of funds in accordance with approved forms and deadlines.
Final provisions.
9.1. In cases not regulated by these Regulations, the norms of the legislation of the Russian Federation are applied.

The provision of paid educational services in general education organizations, namely this type of educational organizations, according to the new Federal Law “On Education in the Russian Federation” dated December 29, 2012 No. 273-FZ (hereinafter referred to as Federal Law No. 273-FZ or the Law) covers all organizations , carrying out educational activities as the main goal of their activities according to educational programs of primary general, basic general and (or) secondary general education, is quite widespread.

Of course, the most widespread provision of paid additional educational services in state and municipal educational institutions. The provision of paid educational services for basic general education programs is the prerogative of private educational organizations, which determines the less widespread use of such services in practice due to the significantly smaller number of private schools than state (municipal) institutions.

Legal regulation of the provision of paid educational services is complex and is carried out not only by the norms of legislation on education, but also by the norms of civil legislation.

Federal Law No. 273-FZ establishes that paid educational services represent the implementation of educational activities on assignments and at the expense of individuals and (or) legal entities under agreements for the provision of paid educational services (Part 1, Article 101). This definition corresponds to the definition of a contract for the provision of paid services given in Art. 779 of the Civil Code of the Russian Federation, according to which “under a contract for the provision of paid services, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.”

Federal Law No. 273-FZ somewhat changes the approaches to the legal regulation of contractual relations in the field of education. It contains Art. 54 “Education Agreement”, which is comprehensive in nature, regulating both agreements concluded upon admission to study at the expense of an individual and (or) legal entity (paid educational services), and agreements between the educational organization and the student (his legal representative) when providing education at the expense of the relevant budget.

This approach, on the one hand, allows Federal Law No. 273-FZ to avoid duplicating the rules on the content of the main characteristics of education for two, essentially different types of contracts, since they do not have significant differences. On the other hand, it should be borne in mind that the legal nature of such agreements is still significantly different. This is confirmed by the fact that the conclusion of an agreement on education at a school at the expense of the budget, based on Art. 53 of Federal Law No. 273-FZ, does not precede the emergence of educational relations, and therefore cannot be mandatory, in contrast to cases of admission to education at the expense of individuals and (or) legal entities, when an agreement for the provision of paid educational services must be concluded before issuing an order for acceptance, thus such an agreement is mandatory.

Paid educational services are provided to meet the personal needs of citizens receiving education. In this regard, a citizen in respect of whom paid educational services are provided is covered by the term “consumer” of the Law of the Russian Federation of February 7, 1992 No. 2300-I “On the Protection of Consumer Rights” as “a citizen who intends to order or purchase, or who orders, purchases or using goods (work, services) exclusively for personal, family, household and other needs not related to business activities,” and the specified legal relations are subject to legislation on the protection of consumer rights. Arguments from judicial practice on the effect of the Law of the Russian Federation “On the Protection of Consumer Rights” in relation to an agreement for the provision of paid educational services do not lose their significance even after the adoption of the new Federal Law No. 273-FZ. For example, the Presidium of the Supreme Court of the Russian Federation concludes that “since an agreement on the provision of paid educational services is a remunerative agreement, by virtue of which an educational institution provides a training service to a citizen (student) in acquiring skills and knowledge, the relationship in question is subject to effect of the Law of the Russian Federation “On the Protection of Consumer Rights”.

The position of the Presidium of the Supreme Court of the Russian Federation remains relevant that “the specified agreement, by its nature, cannot fully fall within the scope of Chapter III of the Law “On the Protection of Consumer Rights.” Therefore, by virtue of Art. 39 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consequences of violating the terms of the contract for the provision of paid educational services are determined by both Federal Law No. 273-FZ and the general norms of the Civil Code of the Russian Federation.

The conclusion of an agreement for the provision of paid educational services is preceded by informing the consumer of such services about their essential properties. This obligation is provided for by the Law of the Russian Federation “On the Protection of Consumer Rights” and is specified in the still valid Rules for the provision of paid educational services, approved by Decree of the Government of the Russian Federation of July 5, 2001 No. 505 (with subsequent amendments; hereinafter referred to as the Rules).

“Under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.” Thus, an essential condition of a contract for the provision of services for a fee is, firstly, the characteristics of the services themselves provided by the contractor under the contract, and secondly, the presence of counter-provision in the form of payment from the customer.

The conditions directly named in the law or other legal acts as essential or necessary for a contract for the provision of educational services for a fee, first of all, include the conditions listed in Art. 54 of Federal Law No. 273-FZ, as well as in the Rules for the provision of paid educational services, approved by Decree of the Government of the Russian Federation of July 5, 2001 No. 505 (with subsequent amendments).

It should be noted that these Rules will continue to apply after the entry into force of Federal Law No. 273-FZ to the extent that does not contradict this Federal Law or other regulatory legal acts of the Russian Federation issued in accordance with it (Part 5, Article 111 of Federal Law No. 273 -FZ), if on September 1, 2013 the Government of the Russian Federation does not approve new rules for the provision of paid educational services in accordance with Part 9 of Art. 54 of the Law.

2) in the event that proper fulfillment of the obligation to provide paid educational services has become impossible due to the actions (inaction) of the student (Part 7 of Article 54);

3) in case of application to a student who has reached the age of fifteen years (obviously, this does not apply to all school students), expulsion as a disciplinary measure (clause 2, part 2, article 61);

4) in case of failure by the student to fulfill his obligations to conscientiously master the vocational training program and implement the curriculum (clause 2, part 2, article 61).

Let's look at these reasons in more detail.

Late payment for paid educational services is expressed in non-payment of both previously rendered services and the absence of prepayment for services to be provided, provided that the contract provides for such a payment procedure (which is most common in practice).

Grounds for termination of the contract when proper fulfillment of obligation provision of paid educational services has become impossible due to the actions (inaction) of the student , can arise in different situations, ranging from banal non-attendance to classes, ending with unacceptable behavior in classes, making the actual provision of services impossible. In principle, this ground is close to the ground associated with the expulsion of a student as a disciplinary measure, with the only difference being that it can be applied to an agreement providing for the education of any student, including those under the age of fifteen. Obviously, facts confirming the actions (inactions) of the student must be documented by the school administration.

Expulsion as a disciplinary measure applies in accordance with parts 3 – 12 of Art. 43 of Federal Law No. 273-FZ.

Failure of students to fulfill their obligations to conscientiously master the educational program and implementation of the curriculum can only be applied to school students in vocational training programs, but not in basic and additional general education programs (clause 2, part 2, article 61). Confirmation of failure to fulfill this obligation must be the results of ongoing monitoring and (or) intermediate certification conducted in accordance with local regulations of the school.

On the part of the consumer (student, his parents, legal representatives), Federal Law No. 273-FZ provides for the possibility of terminating educational relations and terminating the contract on his (their) initiative, including in the case of transfer of the student to continue mastering the educational program to another organization providing educational activities (clause 1, part 2, article 61).

As for the condition provided for by the Civil Code of the Russian Federation regarding the payment of actually incurred expenses, if the customer unilaterally refuses to fulfill the contract, such expenses may be associated with the organization and preparation of the provision of services, but in practice in most cases they are limited to the amount of the advance payment made by the customer. This is explained by the fact that it is possible to demand additional payment for actual expenses incurred in excess of the prepayment only in court, which is associated with various procedural difficulties and time costs; in addition, it is necessary to prove that such expenses, firstly, were actually incurred before the customer’s refusal , and secondly, were associated with the provision of services specifically in relation to this customer.

Refusal on the part of the performer - educational organization is provided for in clause 2 of Art. 782 of the Civil Code of the Russian Federation. According to the general rules of civil law, such a refusal is possible at any time, subject to full compensation for losses to the customer. However, it seems that this norm of the Civil Code of the Russian Federation is not consistent with clause 13 of the Rules for the provision of paid educational services, according to which the contractor “is obliged to conclude an agreement if it is possible to provide the educational service requested by the consumer,” i.e. is obliged to fulfill such a contract if there is an appropriate opportunity. In our opinion, despite the formal imperative nature of the norm in paragraph 2 of Art. 782 of the Civil Code of the Russian Federation, in cases provided for by law, other legal acts or the essence of the obligation, refusal on the part of the contractor is lawful only if it is actually impossible to provide the service, for example, in case of suspension or deprivation of a license.

Another basis for unilateral refusal to fulfill an agreement for the provision of paid educational services is late payment (non-payment) of the cost of paid educational services by the customer if the agreement provides for advance payment for services. According to Art. 328 and art. 716 of the Civil Code of the Russian Federation (the latter applies to a contract for the provision of paid services by virtue of Article 783 of the Civil Code of the Russian Federation), the contractor, in the absence of the prepayment provided for in the contract, has the right to refuse to fulfill the obligation and demand compensation for losses.

Thus, the law provides three grounds for refusal to fulfill a contract for the provision of paid educational services: on the part of the customer - at any time without the need for any argument; on the part of the contractor: if it is impossible to provide the service and in the absence of prepayment for services in accordance with the terms of the contract for the provision paid educational services.

At the same time, as noted above, the grounds for unilateral refusal to fulfill obligations can be provided not only by law, but also by agreement of the parties, i.e. agreement (clause 3 of article 450 of the Civil Code of the Russian Federation). In this regard, it seems that the contract for the provision of paid educational services should indicate not only the grounds for unilateral termination of the contract, as provided for in Part 8 of Art. 54 of Federal Law No. 273-FZ, but also the grounds for unilateral refusal to execute it (they may be the same as the grounds for termination of the contract).

Review of judicial practice of the Supreme Court of the Russian Federation for the first quarter of 2002. Approved by a resolution of the Presidium of the Supreme Court of the Russian Federation on July 10, 2002 // Bulletin of the Supreme Court of the Russian Federation. 2002. No. 11.

PAID EDUCATIONAL SERVICES

Paid educational services are provided by the school on the basis of an agreement concluded between the educational institution and the parents (legal representatives) of minor students.

The procedure and conditions for the provision of paid educational services are determined on the basis of the Regulations on the provision of paid educational services and the price list for the provision of paid educational services.

List of paid educational services:

PREPARATORY DEPARTMENT
	Name of paid educational service	Academic disciplines	Number of hours per month	Cost of payment per month, rub.	Address of educational service provision	Duration of training
	Artistic development group for children aged 9-10 years	Easel composition			Moscow, st. Admiral Lazarev, 57
	Artistic development group for children aged 8-9 years	Arts and crafts Easel composition			Moscow, st. Admiral Lazarev, 57
	Artistic development group for children aged 7-8 years	Arts and crafts Easel composition			Moscow, st. Admiral Lazarev, 57
	Art group for beginners for children aged	Basics of visual literacy and drawing Modeling and arts and crafts			Moscow, st. Admiral Lazarev, 57
	Music Development Group for children at the age of 6 years	Solfeggio Rhythmics Listening to music			Moscow, Admiral Ushakov Blvd., 11
	Early musical development group for children aged 5-6 years (1.2 years of study)	Solfeggio Rhythmics Listening to music			Moscow, Admiral Ushakov Blvd., 11
	Musical development group "Choral singing" for children aged 5-6 years	Solfeggio Rhythmics			Moscow, Admiral Ushakov Blvd., 11
COMPLEX TRAINING PROGRAMS AT THE MUSIC DEPARTMENT and ART DEPARTMENT
	(1st year of study)	Speciality Solfeggio Listening to music			Moscow, Admiral Ushakov Blvd., 11
	A comprehensive additional pre-professional general education program in the field of musical art "Piano", with a period of study of 8 years in addition to the established state assignment (2nd, 3rd, 4th year of study)	Speciality Solfeggio Listening to music/music literature			Moscow, Admiral Ushakov Blvd., 11
	A comprehensive additional pre-professional general educational program in the field of musical art "Choral singing" with a training period of 8 years in addition to the established state assignment (1st year of study)	Choral singing Piano Solfeggio Listening to music			Moscow, Admiral Ushakov Blvd., 11
	A comprehensive additional pre-professional general educational program in the field of musical art "Choral singing" with a period of study of 8 years in addition to the established state assignment (2,3,4 years of study)	Choral singing Piano Solfeggio Listening to music/musical literature			Moscow, Admiral Ushakov Blvd., 11
	A comprehensive additional general developmental general educational program in the field of musical art "Piano" with a training period of 5.7 years in excess of the established state assignment (2nd, 3rd year of study)	Speciality Solfeggio			Moscow, Admiral Ushakov Blvd., 11
	A comprehensive additional general developmental general educational program in the field of musical art "Choral singing" with a training period of 3 years in addition to the established state assignment (2nd, 3rd year of study)	Fundamentals of Musical Performance Solfeggio			Moscow, Admiral Ushakov Blvd., 11
	A comprehensive additional pre-professional general educational program in the field of fine arts “Painting” with a training period of 5 years in addition to the established state assignment (1st, 2nd, 3rd year of study)	Drawing Painting Easel composition Applied composition Conversations about art			Moscow, st. Admiral Lazarev, 57
	Comprehensive additional general developmental educational program in the field of fine arts with a duration of study of 3 years (1, 2, 3 year of study) (complex) in excess of the established state target	Drawing Painting Easel composition Applied composition			Moscow, st. Admiral Lazarev, 57
OTHER TYPES OF PAID EDUCATIONAL SERVICES
	for children and adults	Piano Accordion			Moscow, Admiral Ushakov Blvd., 11	optional
	Learning to play a musical instrument (0.5 academic hours)	Piano			Moscow, Admiral Ushakov Blvd., 11	optional
	In-depth study of subjects and academic disciplines	Solfeggio Piano			Moscow, Admiral Ushakov Blvd., 11	optional
	Art course “Painting” for children and adults	Painting			Moscow, st. Admiral Lazarev, 57

After completing the full course of study of the department of paid educational services, a document of the established form is issued.

The procedure for admission to the department of paid educational services.
1. Pass an audition, screening, or interview.
2. Draw up the agreement in 2 copies.
3. Provide the educational department with a package of documents: a photocopy of the student’s birth certificate, a 3x4 photograph, a certificate of the student’s health, fill out a consent to the processing of personal data.
4. Issue a receipt in the school accounting department.