What are the pros and cons of merging schools? Creation of educational complexes: pros and cons Kindergarten combined with school
1. How long does it take to merge two kindergartens?
1.1. Approximately from several months to a year. It depends on how the commission and the founder will act."Civil Code of the Russian Federation (Part One)" dated November 30, 1994 N 51-FZ (as amended on May 23, 2018) (with amendments and additions, entered into force on June 3, 2018 )
""Article 57. Reorganization of a legal entity
""1. Reorganization of a legal entity (merger, accession, division, separation, transformation) can be carried out by decision of its founders (participants) or a body of the legal entity authorized to do so by the constituent document.
""Reorganization of a legal entity with a simultaneous combination of its various forms, provided for in paragraph one of this paragraph, is allowed.
""Reorganization with the participation of two or more legal entities, including those created in different organizational and legal forms, is allowed, if this "Code" or another "law" provides for the possibility of transforming a legal entity of one of such organizational and legal forms into a legal entity of another of such organizational and legal forms.
""Restrictions on the reorganization of legal entities may be established by law.
Features of the reorganization of credit, insurance, clearing organizations, specialized financial companies, specialized project finance companies, professional participants in the securities market, joint-stock investment funds, investment fund management companies, mutual investment funds and non-state pension funds, non-state pension funds and other non-credit financial organizations, of joint-stock companies of workers (people's enterprises) are determined by the “laws” regulating the activities of such organizations.
(Clause 1 as amended by Federal Law dated 05.05.2014 N 99-FZ)
""2. In cases established by law, reorganization of a legal entity in the form of its division or separation of one or more legal entities from its composition is carried out by decision of authorized state bodies or by court decision.
If the founders (participants) of a legal entity, a body authorized by them or a body of a legal entity authorized to reorganize its constituent document, do not carry out the reorganization of the legal entity within the period specified in the decision of the authorized state body, the court, upon the claim of the specified state body, appoints an arbitration tribunal in accordance with the procedure established by law. manager of the legal entity and instructs him to carry out the reorganization of the legal entity. From the moment the arbitration manager is appointed, the powers to manage the affairs of the legal entity are transferred to him. The arbitration manager acts on behalf of the legal entity in court, draws up a deed of transfer and submits it to the court for consideration along with the constituent documents of the legal entities created as a result of the reorganization. The court decision to approve these documents is the basis for state registration of newly created legal entities.
(see text in the previous “edition”)
3. In cases established by law, reorganization of legal entities in the form of merger, accession or transformation can be carried out only with the consent of authorized state bodies.
""4. A legal entity is considered reorganized, with the exception of cases of reorganization in the form of merger, from the moment of state registration of legal entities created as a result of the reorganization.
(as amended by Federal Law dated May 5, 2014 N 99-FZ)
(see text in the previous “edition”)
""When a legal entity is reorganized in the form of annexation of another legal entity, the first of them is considered reorganized from the moment an entry on the termination of the activities of the affiliated legal entity is made in the unified state register of legal entities.
""State registration of a legal entity created as a result of reorganization (in the case of registration of several legal entities - the first in time of state registration) is allowed no earlier than the expiration of the appropriate period for appealing the decision on reorganization (clause 1 of Article 60.1).
(paragraph introduced by Federal Law dated 05.05.2014 N 99-FZ)
2. What does merging two kindergartens into one provide and are there any advantages to such a merging?
2.1. Good afternoon.
It depends which way you look at it.
For the municipality, the plus is minimizing costs for buildings.
For parents, children and staff - a minus, there are more children in groups.
2.2. Hello. The only advantage can be that there are fewer costs for maintaining two kindergartens; if the number of children is very small, there is no point in maintaining two kindergartens.
3. Is it legal to merge a kindergarten and a music school?
3.1. Good day! Yes, it is quite legal if everything is documented. What illegal things did you highlight for yourself in this association?
4. What laws must be observed when merging kindergartens.
4.1. notify employees...
5. How are kindergartens united into one complex?
5.1. The question goes beyond the scope of a free consultation.
6. Tell me, when a kindergarten and a school are merged, do they fire an employee who is on maternity leave?
6.1. It depends on what grounds they are fired. If we are talking about staff reduction or liquidation of the organization, then they may be fired. If we are talking about reducing the number of employees, then there may be other options.
7. My name is Alena, I work as a teacher in a kindergarten, we have an association of eight kindergartens, the director of our association puts me on a shift in another kindergarten with an order, can I refuse the order and go on a shift to my kindergarten? Thank you.
7.1. Hello.
If your employment contract specifies a specific work address, you can refuse.
8. I am a teacher of additional education in one of the schools in Moscow, I teach rhythm in kindergartens of the school association. I have 3 working days, 3-4 lessons a day, 30 minutes each. After reading the law, I understand that I must be paid for the lessons actually taught, converting them to astronomical hours, and they count me the actual time worked (2 hours a day instead of 4). Is this accrual legal for a teacher?
8.1. Good evening, it all depends on what is stated in the contract and what nature the contract is. Please clarify.
9. What changes are made to the school’s collective agreement when a school and kindergarten are merged.
9.1. There is no obligation established by the legislator in this case, therefore, if it complies with the current legislation, then it is not necessary to make changes. Therefore, it is the right of the employer and employees to make a change or not - either party has the right to initiate this process...
10. In 1992, the name was written as a children's association, then in 1995 it was renamed to a nursery school, and then to a kindergarten. how to prove that the children's association was the same kindergarten, they do not want to include that period with the name of the children's association in the teaching experience for a preferential pension!
10.1. Hello! Apply for a certificate of renaming to this kindergarten or, if it no longer exists, then to the city archive. And provide a certificate to the Pension Fund.
11. I work as a teacher in a kindergarten, for 27 years out of which 14 years I worked first as a head, then, after merging with an elementary school as a director for 7 years, do I have the right to a long-service pension?
11.1. Little data. As described, this condition is unlikely to be met.
Rules for calculating periods of work giving the right to early assignment of an old-age labor pension to persons who carried out teaching activities in institutions for children, in accordance with subparagraph 19 of paragraph 1 of Article 27 of the Federal Law “On Labor Pensions in the Russian Federation”; 8. The following is included in the length of service:
A) work as a director (head, manager) of the institutions specified in paragraphs 1.1, 1.2 and 1.3 (except for orphanages, including sanatoriums, special (correctional) for children with developmental disabilities) and paragraphs 1.4 - 1.7, 1.9 and 1.10 of the section “Names of institutions” of the list, for the period before September 1, 2000, regardless of the conduct of teaching work. The specified work for the period starting from September 1, 2000 is counted as work experience provided that teaching work is carried out in the same or in another institution for children in the amount of at least 6 hours per week (240 hours per year), and in institutions of secondary vocational education specified in paragraph 1.10 of the section “Name of institutions” of the list - subject to teaching work in the amount of at least 360 hours per year;
If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you
Due to their multifunctionality, such buildings can alternately be an elementary school, a kindergarten, or a combined educational institution combining preschool groups and a primary school building.
The transformable building will change its purpose depending on the needs of the area. Refurbishment can be done during the summer holidays. It will cost much less than building another building.
“The need for kindergartens and schools is constantly growing, so the city is looking for new ways to solve the problem. The idea of constructing transformable buildings arose several years ago. On behalf of Moscow Mayor Sergei Sobyanin, standard architectural and technical solutions were developed for a combined primary school block with a preschool department,” –
Marat Khusnullin
Deputy Mayor of Moscow in the Moscow Government for urban planning policy and construction
For example, a kindergarten for 300 children can accommodate 12 preschool groups. When transformed into a primary school, the group premises are converted into 12 classrooms. The combined block will accommodate four primary school classes and eight preschool groups.
In 2018, it is planned to commission three transformable buildings at the expense of the budget.
A combined BNK with a preschool department for 300 places will be built as part of school No. 1985 in the north-west of the capital in the Kurkino district at the address: st. Vorotynskaya, vl. 12, bldg. 3.
The same block of primary classes with the possibility of transformation will be built at gymnasium No. 1786 in the Yuzhnoye Butovo district in the south-west of the capital at the address: st. Admirala Lazarev, 77 (Alfa housing complex).
There will be four classrooms on each floor of the three-story buildings. If the BNK is transformed into a kindergarten, the classes will be adapted for 12 groups. On the ground floor there will be a wardrobe, a dining room with 150 seats, speech therapist, psychologist and medical offices.
There will also be a clubhouse with the possibility of transforming into a room for extended-day groups and a hall for music and physical education classes.
The second floor will be occupied by a gym with a locker room, showers and toilets, rooms for extended-day groups and an assembly hall with 243 seats.
On the third floor there will be a library with a reading room and a media library, a teacher’s room, a teaching room, rooms for additional education, labor, technical modeling and technical toys, fine arts and nature.
When converted into a 300-seat kindergarten, classrooms with seating areas and toilets are converted into 12 groups of four on each floor.
The dining room becomes a group for short-term stays for children, the assembly hall becomes a music hall, the library premises becomes a study group for studying on computers and a hall for choreography classes.
Showers and locker rooms at the gym are used as technical premises: storage rooms, laundries, etc. The gym, first-aid post and administrative premises will retain their function. The transformation will be carried out through disassembly and additional construction of partitions.
A BNK with 300 seats with the possibility of transformation into a kindergarten will be built for secondary school No. 2109 in the southwest of the capital in the Yuzhnoye Butovo district at the address: microdistrict. Shcherbinka, microdistrict 3, st. Brusilova, 29, bldg. 1.
The building will also have three floors. Each floor will house four classrooms, which can be transformed into groups for preschool children.
On the ground floor there will be bedrooms for extended-day groups, an assembly hall with 243 seats, a dining room with 150 seats, a medical office and a primary school cloakroom.
The second floor will be occupied by a gym with locker rooms, toilets and showers and a room for after-school groups, the third - a library with a reading room and a media library, a room for an after-school group, an office for a speech therapist, a psychologist, a teacher's room and an administration office.
The Tartu District Court, having considered the complaint of two parents whose children go to the Zolotaya Rybka kindergarten and the complaint of the director of this preschool institution, Tatyana Korelina, decided on July 3 to apply primary legal protection and, until the final trial in court, suspended the decision of the Narva City Council to merge kindergartens "Goldfish" and "Penguin".
In its decision, the court indicated that the application of the parents from the Zolotaya Rybka kindergarten has prospects in the administrative court, at the same time, the director of the kindergarten has the opportunity to present his reasons for the illegality of the reduction to another court - the county court, writes "ERR.ee"
The court considers, based on the parents' statements, that the interests of the children may be harmed. However, he pointed out that applicants would have to provide convincing evidence of their case.
According to lawyer Alexander Gamazin, who represents the interests of the applicants in court, he will rely on the fact that after the merger of kindergartens, one director, one head teacher and one caretaker will not be able to fully control the work of the staff well enough, which will negatively affect the work of preschool institutions. “Children will be in two different kindergartens, the director or caretaker will not be able to be at two facilities at the same time to check the work of staff, food preparation, and monitor hygiene. Control will weaken, so parents’ fears are completely justified.”
According to Gamazin, the district court made a formal decision regarding the director of the kindergarten, based on one of the clarifications of the State Court. However, the lawyer promises to prove to the court that the labor rights of the kindergarten staff, including the director, were violated precisely because of the contested decision of the Narva City Assembly, which adopted a resolution on the merger of kindergartens.
Although the court did not satisfy the complaint of the director of the kindergarten, according to Gamazin, the legal protection measure to suspend the merger of kindergartens applies to the entire Zolotaya Rybka team, so local authorities cannot fire people until the trial takes place and a final decision is made.
Representatives of the defendant, the city of Narva, indicated to the court that the rights of parents were not violated; they would be able to join the board of trustees of the united kindergarten and monitor its work. Their children will not suffer at all from the merger of kindergartens, since their groups will be located, among other things, on the premises of the Zolotaya Rybka kindergarten.
The decision of the Tartu District Court has not yet entered into force, the parties have the right to appeal it within 15 days.
Let us remind you that on March 26, the Narva City Assembly, by a majority vote of deputies, decided to merge the “Goldfish” and “Penguin” kindergartens. On April 15, the Jõhvi Court House received a complaint from the parents of Zolotoy Rybka pupils. The plaintiffs asked to annul decision No. 24 of the Narva City Council regarding paragraphs 3.1.2 and 3.1.3, which dealt with the merger of preschool institutions and asked for primary legal protection - that is, the suspension of the relevant decision. The trial court did not grant this request.
Arthur Tooman, ERR
M.V. Moiseeva, director of State Budget Educational Institution “Gymnasium No. 1540”, Moscow
As a director, I understand the economic advantages school associations. Indeed, maintaining a half-empty building with a small contingent of students is impractical, and providing decent conditions for work and study with the current “per capita” principle of financing, when the money follows the student, is almost impossible. In addition, in a small school, when transitioning to a new remuneration system, problems inevitably arise with finding funds for material incentives for workers, and without this it is impossible to create a qualified teaching staff.
In Moscow restructuring of the network of educational institutions is also necessary because the geography of the population has changed greatly here in recent years: in some residential areas they have turned into business centers with offices, boutiques and restaurants, and in others, on the contrary, new residential areas have emerged in which a large number of people live. children. So the merger of schools is a tribute to the times, and not the result of the ill will of officials.
Of course, this process has its drawbacks: stress for teachers and students who are forced to change places of work and study, destruction of established traditions... It is good if schools that are close in spirit unite, where the educational and educational processes are built on a similar foundation, where the teaching staff and parents share the same philosophy. However, this is not always the case. Therefore, schools need to be merged carefully, trying to preserve the best that was in each of them.
In any case, if a school does not enroll children, it needs to change: either go on an independent voyage, “beat with its paws”, learn to survive in new economic conditions and become competitive, or admit the unviability of its development concept and merge with a school that is closest in style and spirit, but working more efficiently.
Thus, the merger of schools is inevitable, but everything possible must be done to ensure that this does not occur on the principle of classic raider takeovers, but is based on an understanding of the benefits and advantages of both sides of the process, if such advantages are obvious.
S.S. Novikova, director of the municipal educational institution "Ninorovskaya secondary school", the village of Ninorovo, Uglich district, Yaroslavl region.
Our school - rural, unstaffed and small in number. Currently there are 48 children studying there. At the same time, this is the largest rural secondary school in the Uglich region in terms of the number of students, and we have something to compare with. In conditions per capita financing It is very difficult for small schools to survive. Many of them are barely making ends meet. Consolidation is perhaps one of the ways to preserve them, since children will study in the new school and teachers will work in good conditions.
In our area, the restructuring of the network of educational institutions began with the merger of schools and kindergartens. In this way, it was possible to save places for preschoolers, since the regional budget extended to pupils of the preschool group, which is a structural unit of the school, and legally independent preschool institutions were financed only from the municipal budget.
As for the disadvantages of the merger, these are transport problems, since schools are located at a considerable distance from one another, and legal, “paper” matters, which take a lot of time and effort.”
A.A. Sedelnikov, head Laboratory of State and Public Administration of the Krasnoyarsk Regional IPKIPRO
In some specific cases, there may probably be benefits from merging two schools, but this needs to be done carefully, thoughtfully and slowly. I am against campaigning in everything, including ostentatious mass unification for the sake of unification, without a clear, predictable result, with a large number of unexplored risks. In addition, I am against creating the appearance of large-scale reforms, which are needed only to demonstrate fictitious transformations and supposed modernizations personally to those who organize and carry them out.”
M.N. Borodina, director of State Budgetary Educational Institution “Secondary School No. 849”, Moscow
My colleagues and I believe that merging schools can bring teachers, students and their parents have a lot of problems, since it will entail a violation of the integrity educational process and will also negatively affect the test results final exams in 9th and 11th grades. In addition, the new school will have to re-form the team, create a psychological microclimate and traditions. This could take years, and in the meantime there will be more school-aged children and no place for them to study.
We understand the economic feasibility of restructuring, but we urge officials to treat this process with full responsibility in order not to make things worse.
G.A. Akhmetova, director of Municipal Educational Institution “Secondary School No. 6”, Chelyabinsk
I am against merging schools if they are fully staffed and the educational process in them is organized at the proper level. If this is not the case, then schools should be united according to the principle of “weak” plus “strong”. In a large city it is not practical to maintain a school of fewer than 500 people. Teachers' salaries will be low and, therefore, the work will be unproductive.”
A.I. Vavilov, Art. scientific co-workers Institute for Educational Development of the Federal State Educational Institution of Higher Professional Education "National Research University State University - Higher School of Economics", Moscow
School consolidation is a forward-thinking policy action that will ultimately benefit the quality of public education. Its legal mechanism is the “annexation” of insufficiently successful schools to more successful ones. According to the law, all obligations of the acquired school to employees, students and their parents are fully “transferred” to the new school, so there is no need to be afraid that anyone’s rights will be violated.
For students, and this is the main thing, merging schools will only bring advantages: they will study in good classes with modern equipment and will be able to attend various clubs and sections, the work of which will be paid for by the state. And it’s not a fact that they will have to move to another building. In large cities, school buildings are not vacated; the signs on them are simply changed.
For teachers, the consequences of school mergers are not so clear-cut. On the one hand, in a large team they will be able to receive help from experienced teachers, methodologists, and also use the best educational equipment. On the other hand, they may have problems with registration of labor relations y. As is known, employment contracts all employees of the acquired school must be re-signed on the same terms. However, after this, the administration has the right to try to change them in connection with ongoing organizational and technological measures. It is possible that for some teachers the new working conditions will be unacceptable, for example due to increased responsibility for the results of the educational process, the introduction of new teaching technologies, etc. At the same time, this will give teachers a chance to improve their qualifications and, accordingly, their competitiveness in the labor market.
P.V. Larionov, legal consultant of the information center "MCFER Educational Resources"
The main advantages of merging schools include reduction of budget expenses for the maintenance of empty buildings (repairs, heating, electricity, etc.), the opportunity to harness the potential of successful teams to promote advanced ideas and improve the quality of educational services for students.
As for the minuses, this is primarily a reduction in school staff, as well as the difficulties that students will face during the period of adaptation to the new to the team.
If we talk about restructuring the network of educational institutions in rural areas, the organization of leisure time for children and adolescents will probably suffer, since in many settlements they are cultural centers. In addition, there will be transport problems, which means that, for example, not all children will be able to stay for an elective or after-school activities after school, since they will have to adapt to the school bus schedule.
The survey was conducted by E.V. Dikova
LENSKAYA: MERGER OF SCHOOLS SHOULD BE THOUGHT OUT AND SLOW
In many regions of Russia today, schools and kindergartens are being restructured, and large complexes are being formed in place of individual educational institutions. How do the tasks of a school principal change under these conditions? What needs to be done to ensure that the merger of schools takes place without harm to students? This will be discussed at the Twelfth Annual Conference “Trends in Educational Development Leadership in School and Preschool Education: Yesterday, Today, Tomorrow,” which will be held at the Moscow Higher School of Social and Economic Sciences (MSHSEN) on February 19-20. On the eve of the forum, Elena Lenskaya, dean of the Faculty of Management in Education and head of the development department of the Moscow Higher School of Economics and Social Sciences, answered the questions of RIA Novosti correspondent Anna Kurskaya.
- Elena Anatolyevna, how have the functions and role of the school director changed in recent years, with the adoption of the Law on Education and new educational standards?
- Indeed, a lot has changed. The new law defines the opportunities and degrees of freedom of the school director, which our directors have not been very accustomed to using until now. Now they have much more space for negotiations and cooperation with parents and with everyone interested in the success of their schools. But in order for the new benefits to begin to bring benefits, it is necessary that all directors clearly understand what the new legislation is and what opportunities it contains.
Does this happen in practice?
Now in many regions, starting with Moscow, the school and educational networks in general are being restructured, and large educational complexes are being created. Unfortunately, this does not always happen thoughtfully. And directors do not always know what levers they can use to make transformations truly meaningful, or how to plan the development of their educational complex in such a way that the benefits for children are clear and transparent. And if the gain is not obvious, directors do not always know how to challenge the creation of a complex and resist economic pressure.
What are the negative aspects of the ongoing restructuring?
There are many pitfalls there. Teachers have concerns that the preschool education network may suffer from it, because when schools and kindergartens merge, very often kindergartens begin to serve the school, seat children at desks, and the intrinsic value of childhood, which the new standard of preschool education is aimed at, disappears.
The threat to additional education is that, having become part of the educational complex, clubs and studios can begin to serve only this complex, which was not the case before. The beauty of additional education organizations was precisely that they determined the circle of their clients themselves, and anyone could be among them. All these threats may or may not come true with good management and capable leadership. We will discuss this, in particular, at the conference.
Is it possible to rely on foreign experience when analyzing the changes that are taking place?
Indeed, the processes that are happening in Russia are happening all over the world. Therefore, we invited specialists from those countries where similar transformations have already taken place to the conference. But it is important to note that abroad the pace of transformation, even if it was about optimizing the school network, is fundamentally different. Before schools come up with a meaningful plan for such a merger, it does not happen.
However, foreign experts say that even in their countries the rate of school mergers was too high. I'm afraid our pace is simply unprecedented. And other processes in our education system in practice are very different from both our plans and foreign experience.
Under what conditions could joining a kindergarten to a school benefit the preschool institution?
The most important thing is that the development plan for the complex precedes the merger, and does not arise as a consequence when the merger has already occurred, and we urgently need to figure out what to do with all this.
Still, the unification should be planned by people who take responsibility for the further success of the children who will study in this complex. Unfortunately, in Moscow, sometimes several schools were united, quite widely spaced across the territory, and grade schools arose in the new complex. In principle, this is not bad. But families with several children found themselves in a difficult situation when one child went to one building, another to another, and a third to a third.
It would be worth considering at least this point before making decisions about the merger. But in practice, these decisions were often made hastily, under administrative pressure. The school needs to learn to defend the interests of students.
How can I do that?
Schools have governing boards, and they could influence educational policy on more than just paper. Unfortunately, we like to create “manual” management boards that do what the director says. Very often, parents are simply afraid to raise their voice, because it seems to them that by doing so they are putting their child at risk. But in the current situation, their role should, in my opinion, increase significantly.
The merger of schools should occur only when representatives of all governing councils of the merging institutions agree to such a decision, sign and say: “Yes, we believe that this will be better for our children.” Of course, you should choose not convenient parents, but competent parents. They also have something to learn.
What is a competent parent?
For example, in England, members of the governing council, as a rule, are parents who have teaching or economic experience, that is, specialists, and not just people who have free time, as is often the case here. But participation in the governing council also implies a greater degree of social responsibility, and we have not yet fully learned this. In England, the governing council also bears financial responsibility for its actions.
Today it is often said that a school director needs the skills of a manager rather than a teacher. Are these skills specially taught to directors today?
This is one of the topics that we, representatives of universities that already train school principals in management competencies, are going to discuss at the conference. But there is one problem.
Indeed, a person with good managerial training can successfully manage an educational complex. But at the same time, research shows that the most successful managers are people with leadership qualities who, unlike “pure managers,” have a vision of the necessary future and roughly understand how to get there, that is, they set development goals for themselves and their team. A manager, as a rule, successfully implements tasks set by someone else.
What will happen to leadership competence, and how to develop it against the backdrop of all these wonderful management skills, so that the main thing is not lost - the ability to see the future? This is what you need to think about.
There is another reason for concern. The director of a large complex will not be able to keep track of what is happening in the classroom and how well certain teachers cope with their responsibilities. He hadn’t done much of this before, but he still had some time for it.
It is no coincidence that, for example, in Finland there are no schools with more than 900 students. There they attach great importance to the director’s participation in the pedagogical process. There is even such a term - “pedagogical leadership”, which is considered one of the most important functions of the director. Will this pedagogical leadership be present in the new complexes? I'm not sure.
What new challenges will school principals have to face in the future?
First of all, they will have to learn to plan development, taking into account a very large range of diverse interests. If previously they worked with a fairly limited number of students of the same age category, now there are many more of them and their ages have become less homogeneous - these are both preschoolers and adults attending clubs and sections. Principals will have to learn to reconcile the interests of different groups of people in education.
The most important thing they will face and are already facing is the problem of personnel management. Preventing, at the first stage, at least serious conflicts, equitable distribution of resources, and so on, are new tasks that were not so pressing before.
It seems to me important that the director can maintain leadership qualities in a situation where he risks turning into a classic manager who only solves assigned tasks from the outside.
