Are we obligated to buy workbooks. Workbooks banned at school! Why do schools need workbooks?

Part 2 of Article 43 of the Russian Constitution guarantees the general availability and free of charge of preschool, basic general and secondary vocational education in state or municipal educational institutions and enterprises. The same article also mentions the Federal State Educational Standard.

In fact, this turns the Federal State Educational Standard into a basic financial document that defines the boundaries of the amount of school funding from the budgets of various levels - after all, it is he who outlines and deciphers the amount of free educational services that the school should provide in relation to an individual student.

Take, for example, the GEF of primary general education. It includes requirements for personnel, financial, logistical and other conditions for the implementation of the educational program. Accordingly, the amount of financial resources allocated from the relevant budget must ensure the presence of all these conditions.

Specifically: according to paragraph 27 of the said Federal State Educational Standard, an organization carrying out educational activities must be provided with textbooks, educational and methodological literature and materials in all academic subjects of the main educational program of primary general education in the languages of instruction and upbringing determined by the founder of the organization carrying out educational activities.

The rate of provision of educational activities with educational publications is determined, among other things, based on the calculation of “at least one textbook in printed and (or) electronic form or a teaching aid sufficient to master the program of a subject for each student for each subject included in the part formed by the participants educational relations, the curriculum of the main educational program of primary general education”.

This position is also supported by Part 1 of Article 35 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”, which provides that students who master basic educational programs at the expense of budgetary allocations within the limits of federal state educational standards, organizations implementing educational activities, textbooks and teaching aids are provided free of charge for use at the time of education at the expense of the appropriate budget.

True, if everything is clear with textbooks, then the question of the content of the term “textbook” remains controversial (and, accordingly, the question of the legality of allocating budget funds for the free provision of certain textbooks to students remains controversial). In particular, in the practice of educational authorities, courts and the prosecutor's office, disputes were recorded about classifying workbooks as textbooks.

So, for example, in accordance with the Appeal ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Komi Republic dated May 22, 2014 in case No.

«The prosecutor of Syktyvkar in the interests of... FULL NAME1 filed a lawsuit against MAOU "SOSH N 36" on imposing the obligation to provide the student with the following free teaching aids: – Isaeva H.A. Russian language workbook... class (to the textbook "Russian language"... class, R.N. Buneeva, E.V. Buneeva, O.V. Pronina), Balass LLC, - Vakhrushev A.A. ., Bursky O.V., Rautian A.S. Workbook for the textbook "The World Around" ("Inhabitants of the Earth") for ... class, OOO "Balass", Danilov D.D., Kuznetsova S.S., Sizova E.V. Workbook for the textbook "The World Around" ("My Fatherland") for ... class, OOO "Balass" and others.

The parties disagreed on the understanding of the workbook. The prosecutor insisted on referring the workbook to the teaching aids themselves, without the use of which it is impossible to master the material from the textbook.

MAOU "Secondary School No. 36" believed that the workbook is not a teaching aid, and with reference to SanPiN 2.4.7.1166-02, approved by the Chief State Sanitary Doctor of the Russian Federation on 07.10.2002, attributed them to workshops.

In making its decision, the court proceeded from the following.

According to GOST 7.60-2003, the textbook itself is a textbook that supplements or replaces partially or completely a textbook officially approved as this type of publication. In turn, the workbook is defined as a textbook that has a special didactic apparatus that facilitates the student's independent work on mastering the subject.

According to SanPiN 2.4.7.1166-02, depending on the functional purpose in the learning process, publications are divided into:

- textbook;

- tutorial;

- practicum.

Educational publications of a new generation - a textbook-notebook, an individual workbook, a book for independent work of students, an album-task book, a notebook for creative tasks, etc. – should be referred to as practicums.

Thus, both GOST 7.60-2003 and SanPiN 2.4.7.1166-02 distinguish the workbook into an independent section (“workbook” and “workshop”, respectively), since it is used only for individual independent work.

There is no reason to believe that workbooks are an integral part of the textbook, supplement or replace it, therefore, they cannot be classified as a textbook within the meaning of the above regulations.

The position of the school was also based on the fact that workbooks are not included in the lists of textbooks recommended (approved) for use in the educational process in educational institutions implementing educational programs of general education, and, therefore, an educational institution is not entitled to purchase at the expense of the state teaching aids, textbooks not included in the federal list, otherwise would lead to unreasonable, inappropriate expenses. He pointed out that workbooks are not intended for repeated use and do not meet the characteristics of teaching aids, therefore they cannot be the subject of an order and should not be used to replenish the library fund and issue on a return basis.

Based on the foregoing, the court satisfied the school's demands and concluded that the prosecutor's demands to impose the obligation to provide school students with workbooks free of charge were unlawful.

There is also similar judicial practice in the Arkhangelsk region and in the Republic of Tatarstan.

Nevertheless, the Federal Ministry issued a letter dated September 25, 2014 No. 08-PG-MON-30770, explaining that the workbook is an educational publication that has a special didactic apparatus that contributes to the student's independent work on mastering the academic subject. This position directly goes back to the document “GOST 7.60-2003. Interstate standard. System of standards on information, librarianship and publishing. Editions. Main types. Terms and definitions”, introduced by the Decree of the State Standard of Russia dated November 25, 2003 No. 331-st. According to him, the workbook is a kind of teaching aid.

According to the above Letter of the Ministry, the literal interpretation of Article 35 of the Federal Law “On Education in the Russian Federation” indicates the student’s right to receive textbooks and teaching aids free of charge for the duration of education within clearly established limits. A general education organization independently determines the list of textbooks and teaching aids necessary for the implementation of general education programs (paragraph 9 of part 3 of article 28 of the Federal Law).

Providing textbooks and teaching aids to students in basic general education programs is an expense obligation of the constituent entities of the Russian Federation (clause 3 of part 1 of Article 8 of the Federal Law).

The issue of providing students with textbooks and teaching aids in accordance with the above list falls within the competence of the general educational organization (paragraph 2 of part 3 of Article 28 of the Federal Law). The decision to purchase them is made by the educational organization based on the expediency and efficiency of the use of funds brought to the educational organization.

Thus, at present, a controversial position has been formed regarding the application of the norms of legislation.

The Ministry of Education and Science in the above letter actually invites schools to resolve this controversial issue on their own.

Nevertheless, it is obvious that in the case when workbooks are recommended for teaching by individual teachers as part of a more in-depth study of the subject than provided by the Federal State Educational Standard, or within the framework of any author's methodology, it is wrong to impose on an educational organization the obligation to provide such workbooks. In all other cases, when the availability of an appropriate workbook is a prerequisite for mastering the Federal State Educational Standard, the obligation to provide such workbooks should be assigned to the educational organization.

At the same time, in order to eliminate contradictions within the framework of law enforcement practice, it is advisable to provide more clear legal regulation of the expenditure obligations of the relevant budgets in terms of providing teaching aids, including workbooks.

So, buying textbooks - that is, educational publications containing a systematic presentation of the academic discipline, its section, parts corresponding to the curriculum and officially approved as this type of publication (with the GEF icon) - is not necessary. Another thing is if we are talking about any in-depth classes that go beyond the scope of the Federal State Educational Standard, or about paid classes (for example, circles): in this case, the school has the right to indicate the need to purchase textbooks and manuals (part 3 of article 35 of the Law on Education ).
The Law on Education (Part 1, Article 35) assumes that students of state and municipal schools are given free textbooks, teaching aids, as well as educational and methodological materials necessary for obtaining education within the Federal State Educational Standard. The school is provided with such textbooks and manuals at the expense of budget appropriations.
But the question is: what exactly is a textbook and teaching aid? Do they include various kinds of copybooks, problem books, tests, collections of control and others, designed for a single use? Should the school provide such benefits free of charge? It is rather difficult to answer this question. The fact is that until February 17, 2015, clause 2.2 was in effect. SanPiNa 2.4.7.1166-02 * (3) (contains requirements for textbooks), which divided educational publications into: textbook, manual and workshop; at the same time, educational publications of a new generation - a textbook-notebook, an individual workbook, a book for independent work of students, an album-task book, a notebook for creative tasks, etc. - they were directly related to workshops, and not to textbooks, and therefore, they were not provided free of charge by the school (see, for example, the ruling of the Supreme Court of the Komi Republic dated May 22, 2014 in case No. 33-2365 / 2014). However, this clause is no longer valid. And GOST 7.60-2003 * (4) defines a workbook as a textbook that has a special didactic apparatus that facilitates the student's independent work on mastering the subject (clause 3.2.4.3.4.2.3). Thus, the question of classifying one-time exercise books as teaching aids is not unambiguously resolved in theory. In practice, such allowances will likely need to be purchased by parents at their own expense.
So, buying textbooks - that is, educational publications containing a systematic presentation of the academic discipline, its section, parts corresponding to the curriculum and officially approved as this type of publication (with the GEF icon) - is not necessary. Another thing is if we are talking about any in-depth classes that go beyond the scope of the Federal State Educational Standard, or about paid classes (for example, circles): in this case, the school has the right to indicate the need to purchase textbooks and manuals (part 3 of article 35 of the Law on Education ). 09/08/2017 17:24:05, Headmaster

No sooner does one academic year end than the parents of schoolchildren are puzzled by the preparation for the new academic year. One of the expenses in preparing for school is the purchase of textbooks and teaching aids. The issue with textbooks in schools is now being resolved, for the most part, successfully, but as for the situation with providing students with workbooks, as the Prosecutor General's Office has learned, violations of children's rights to education have been found in many regions of Russia.

The violation is that workbooks should be given to students completely free of charge, children and parents are not required to buy them at their own expense. However, in the Arkhangelsk region, the Republic of Sakha (Yakutia), the Tula region and other regions of Russia, schools do not give out workbooks to children for free, and since workbooks are an appendix to textbooks that is designed to control the assimilation of program materials, without them, it turns out, students not enough. Here only textbooks are issued free of charge, but workbooks are not. Parents have a fair question: why then do we need these mandatory workbooks - did we manage somehow without them before? And if these workbooks are so obligatory, why doesn't the school give them out for free?

So, the law in this case is on the side of parents and children.

The Law "On Education in the Russian Federation" quite clearly establishes the obligation of the school to issue textbooks and teaching aids to students. Moreover, this applies to all educational organizations in which children master the basic educational programs.

In addition to textbooks and teaching aids, schoolchildren should also be provided free of charge with educational and methodological materials, means of training and education. This is expressly stated in Article 35 of the Law "On Education in the Russian Federation".

Who should finance such pleasure? And there is a clear answer to this question in the specified law:

the provision of textbooks within the limits of state educational standards is carried out at the expense of budget allocations from the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets.

Thus, in all subjects of the school course, within the limits of educational standards, students should be given free use of all the necessary textbooks and teaching aids. But in other subjects, incl. within the framework of paid educational services, the school does not have such an obligation, and the provision of the necessary benefits falls entirely on the shoulders of the parents.

It would seem that everything is clear in the law, so why do problems often arise in the situation with the supply of teaching aids?

By and large, the answer lies in the unwillingness of the authorities to allocate money for this. Some representatives of local and regional education authorities try to justify this situation by saying that the law does not clearly define what a teaching aid is, therefore they cannot classify school workbooks as teaching aids. However, in other regions of Russia, for some reason, there is money for schools to pay for the purchase of workbooks for schoolchildren - an example is St. Petersburg, Khabarovsk Territory, Tatarstan. So, after all, the matter is not in the law, but in the desire to solve the problem?

The Prosecutor General's Office also came to this conclusion, which unambiguously indicated that the Interstate Standard GOST 7.60-2003 “System of standards for information, librarianship and publishing. Editions. Main types. Terms and definitions”, put into effect by the Decree of the State Standard of Russia dated November 25, 2003 No. 331-st (hereinafter referred to as GOST), the workbook is classified as a textbook. Thus, schools are simply obliged to provide students with free workbooks. And it is absolutely not an argument that these workbooks, after being used by one student, will no longer be suitable for other students.

However, in order to exclude cases of free interpretation of the law, the Prosecutor General's Office suggests the Ministry of Education to prepare appropriate amendments to the legislation on education. Thus, the prosecutor's office does not raise the question of whether to consider workbooks as teaching aids or not: GOST classifies a workbook as a teaching aid, which means that, by virtue of the Law "On Education in the Russian Federation", the provision of these teaching materials should be at the expense of budgets, and not from pockets parents of schoolchildren.

Workbooks are given to schoolchildren free of charge and schools are simply obliged to give them to all students, and not to invent any conditions or establish beneficiaries in this matter.

The right to receive free textbooks, teaching aids, including workbooks, should not depend on which family the child comes from - low-income, large, or vice versa - rich, where the child is the only one in the family. This is the right to education, and it must be realized to the extent that it is established by law.

Dear parents!

If the problem of providing children with workbooks is relevant at the school where your child is studying, contact the school management with written collective statements. In this case, at the initiative of school principals, local education departments will begin to resolve the issue: the necessary funds will be included in the budget, and you will not have to pay from your own pocket what is due to children by law.

Of course, you can write complaints on this issue one by one. But collective appeals are considered more closely. Along with submitting an application to the principal of the school, for example, on behalf of the parent committee of the class or school, it will be effective to send a similar application to the local administration, as well as to the regional Ministry of Education.

If there is only one such statement, it is already good. And imagine if all parents in all schools prepare their statements in unison - the authorities simply cannot ignore this issue and “turn on the fool”, arguing that the law allegedly does not clearly state what should be considered teaching aids, and whether workers are included in them. notebooks.

Everything that is needed is specified in the law, and the Prosecutor General's Office agrees with this. Therefore, if negative answers are given to your collective statements, then the appeal to the Prosecutor's Office will not make you wait long for the result, and the issue of free issuance of workbooks to schoolchildren will be resolved.

So, now you know about the right of schoolchildren to free textbooks and workbooks.

But what about socially useful work - cleaning the classroom, washing floors, boards, collecting leaves, etc.?

You will learn about this in the article by Elena Mogilevskaya

Dear colleagues!

With the entry into force of the Law "On Education in the Russian Federation", the question arose of providing students with teaching aids, including workbooks. At whose expense to buy them? Should they be acquired through subventions and accounted for in the library fund?

Anna Usacheva, Director of the Information Policy Department of the Ministry of Education and Science of the Russian Federation, said that the issue of providing schoolchildren with workbooks was legally regulated: Textbooks are provided to students free of charge for the duration of their studies.

As the head of the department explained, the law "On Education in the Russian Federation" clearly indicates that students are provided free of charge for use during the period of education, textbooks and teaching aids, as well as educational and methodological materials, training and education tools. The school independently determines the list of teaching aids necessary for the study of any subject.

"If the school administration includes a specific printed workbook in the list of teaching aids used in educational activities, which is approved by the order of the school principal, then, of course, this workbook should be provided at the expense of the budget", - RIA Novosti quotes the press service of the Ministry of Education and Science of the Russian Federation.

The ministry explained that the teacher has the right recommend, For example, as part of additional study, certain benefits that may not be included in the list by the educational organization."However, if they are not purchased at the expense of federal funds, the administration of a general educational organization is not entitled to require parents to purchase them obligatory,"- the message says.

The Ministry of Education and Science of the Russian Federation considered the issue of issuing free workbooks to schoolchildren at the suggestion of the Prosecutor General's Office of the Russian Federation. The reason was the appeals of the parents of schoolchildren about the violation of the rights of children to education in connection with the failure of educational organizations to provide them with free workbooks. Recall that this year in Kaliningrad, the prosecutor filed a lawsuit in the interests of a schoolchild against an educational institution. The parents of the first grader considered the purchase of workbooks at their own expense a violation of the child's right to public and free education. The school has proven otherwise.

Dear colleagues! Thus, at the expense of subventions, those textbooks (including workbooks) that are included in the list of textbooks used in the educational process (there must be an order for the school) are purchased and taken into account in the library fund. Please note that in the educational process, textbooks published by publishers included in the List of Publishers may be used.

Dear colleagues!