Article 59-1. State control over the educational authorities of the region, the city of republican significance, the capital, the district (city of regional significance) The Law on Education

Home / RLA / Article 59-1. State control over the educational authorities of the region, the city of republican significance, the capital, the district (city of regional significance) The Law on Education

1. State control over educational management bodies of the region, city of republican significance, capital, district (city of regional significance) is aimed at ensuring that the activities of educational management bodies of the region, city of republican significance, capital, district (city of regional significance) comply with the requirements of the legislation of the Republic of Kazakhstan in the field of education and is carried out by territorial divisions of the department of the authorized body in areas of education.

2. Requirements for the activities of the educational authorities of the region, the city of republican significance, the capital, according to:

1) creation, reorganization and liquidation, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, of state educational organizations implementing general educational programs for preschool education and training, primary, basic secondary and general secondary education and additional educational programs for children, with the exception of state educational organizations implementing specialized general education and special educational programs, and also, in coordination with the authorized body in the field of education, state educational organizations that implement educational programs for technical and vocational, post-secondary education, specialized general education and special educational programs, and children's and youth sports schools.;

2) organizing the ordering and provision of educational organizations implementing general educational programs of basic secondary, general secondary education and educational programs of technical and vocational, post-secondary education with forms of state-issued documents on education and monitoring their use in accordance with the rules determined by the authorized body in the field of education;

3) organization and provision of residential type education organizations in accordance with the legislation of the Republic of Kazakhstan;

4) to determine the needs of the region for the construction and reconstruction of secondary education facilities at the expense of the Educational Infrastructure Support Fund in accordance with the legislation of the Republic of Kazakhstan;

5) placing a state educational order for pre-school education and training, secondary education, additional education for children and for the training of personnel with technical and vocational, post-secondary education, taking into account the needs of the labor market in accordance with the rules determined by the authorized body in the field of education;

6) approval and placement of a state educational order for special psychological and pedagogical support for children with disabilities in accordance with the rules defined by the authorized body in the field of education;

7) organization of registration of children of preschool and school age, their education before they receive secondary education in accordance with the rules determined by the authorized body in the field of education;

8) ensuring the education of persons (children) with special educational needs, creating special conditions for them to receive education in educational institutions, accessibility of buildings, structures and premises of educational institutions in accordance with the legislation of the Republic of Kazakhstan;

9) equipping the material and technical base of state educational organizations implementing educational programs of technical and vocational, post-secondary education, specialized general education and special educational programs (with the exception of educational organizations in correctional institutions of the penal system) in accordance with the norms determined by the authorized body in the field of education;

10) providing support and assistance in the logistical support of state educational organizations that implement general education curricula for primary, basic secondary and general secondary education (with the exception of educational organizations in correctional institutions of the penal system) in accordance with the standards determined by the authorized body in the field of education;

11) annual timely purchase and delivery of textbooks and teaching materials on paper and electronic media for educational organizations implementing educational programs for technical and vocational education, as well as specialized general education and special educational programs based on government orders;

12) annual organization of timely purchase and delivery of textbooks and teaching materials to educational organizations located in districts (cities of regional significance) implementing general educational programs for pre-school education, to secondary education organizations, in the amount predicted by educational authorities for the academic year;

13) ensuring the education of gifted children, as well as children undergoing advanced pre-conscription training, in specialized educational institutions in accordance with the legislation of the Republic of Kazakhstan;

14) conducting school Olympiads and competitions of scientific projects in general education subjects, competitions of performers and competitions of professional skills, competitions in primary military training at the level of the region or city of republican significance, the capital in accordance with the legislation of the Republic of Kazakhstan;

15) compliance with the procedure for organizing and conducting advanced training courses for teachers, as well as the procedure for organizing and conducting post-course support for teachers' activities in accordance with the legislation of the Republic of Kazakhstan;

16) compliance with the procedure for certification of teachers and assignment (confirmation) of qualification categories to teachers in accordance with the rules and conditions determined by the authorized body in the field of education;

17) compliance with the procedure for appointment and dismissal of the first heads and teachers of state educational organizations, as well as the procedure for the provision of public services in accordance with the rules determined by the authorized body in the field of education;

18) compliance with the legislation of the Republic of Kazakhstan on the status of a teacher;

19) compliance with the procedure for the rotation of the first heads of state educational organizations in accordance with the rules determined by the authorized body in the field of education;

20) organization of medical care for students and pupils of educational organizations, including those located in districts (cities of regional significance), with the exception of preschool organizations and secondary education organizations that do not belong to boarding schools, in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

21) ensuring the examination of the mental health of children and adolescents and the provision of psychological, medical and pedagogical advisory assistance in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

22) ensuring rehabilitation and social adaptation of children and adolescents with developmental problems in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

23) implementation of state support for orphaned children, children left without parental care, in accordance with the legislation of the Republic of Kazakhstan;

24) organization of free and reduced-price meals for certain categories of students and pupils in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan;

25) ensuring the functioning of juvenile adaptation centers and support centers for children in need of special social services, in accordance with the procedure and conditions determined by the authorized body in the field of education;

26) issuing permits for training in the form of an externship in organizations of basic secondary, general secondary education, educational organizations implementing specialized and special general education educational programs, as well as educational programs of technical and vocational, post-secondary education in the fields of culture and art, physical culture and sports, in accordance with the rules determined by the authorized body in the field of educational institutions;

27) ensuring the organization of training of qualified workers and mid-level specialists in dual education in accordance with the rules defined by the authorized body in the field of education;

28) the availability and conduct of educational monitoring in accordance with the procedure established by the authorized body in the field of education;

29) assistance in providing housing and living conditions for young professionals who have arrived to work in educational organizations located in rural areas, in accordance with the legislation of the Republic of Kazakhstan.

3. Requirements for the activities of educational management bodies of a district (city of regional significance), according to:

1) implementation of compulsory employment and provision of housing for orphaned children, children left without parental care, in accordance with the legislation of the Republic of Kazakhstan;

2) assistance in providing housing and living conditions for young professionals who have arrived to work in educational organizations located in rural areas, in accordance with the legislation of the Republic of Kazakhstan;

3) creation, reorganization and liquidation, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, of state educational organizations implementing general educational programs for preschool education and training, primary, basic secondary and general secondary education and additional educational programs for children;

4) organizing the ordering and provision of educational organizations implementing general educational programs of basic secondary and general secondary education with forms of state-issued documents on education and monitoring their use in accordance with the rules determined by the authorized body in the field of education;

5) placing a state educational order for preschool education and training, secondary education, and additional education for children in accordance with the rules determined by the authorized body in the field of education;

6) organization of registration of children of preschool and school age, their education before they receive secondary education in accordance with the rules determined by the authorized body in the field of education;

7) ensuring the education of persons (children) with special educational needs, creating special conditions for them to receive education in educational institutions, accessibility of buildings, structures and premises of educational institutions in accordance with the legislation of the Republic of Kazakhstan;

8) equipping the material and technical base of state educational organizations implementing general educational programs of primary, basic secondary and general secondary education (with the exception of educational organizations in correctional institutions of the penal system) in accordance with the norms determined by the authorized body in the field of education;

9) conducting school Olympiads and competitions of scientific projects in general education subjects, competitions of performers and competitions of professional skills, competitions in primary military training at the district (city of regional significance) level in accordance with the legislation of the Republic of Kazakhstan;

10) compliance with the procedure for organizing teacher training courses, as well as the procedure for organizing and conducting post-course support for teachers' activities in accordance with the legislation of the Republic of Kazakhstan;

11) compliance with the procedure for certification of teachers and assignment (confirmation) of qualification categories to teachers in accordance with the rules and conditions determined by the authorized body in the field of education;

12) compliance with the procedure for appointment and dismissal of the first heads and teachers of state educational organizations, as well as the procedure for the provision of public services in accordance with the rules determined by the authorized body in the field of education;

13) compliance with the legislation of the Republic of Kazakhstan on the status of a teacher;

14) compliance with the procedure for the rotation of the first heads of state educational organizations in accordance with the rules determined by the authorized body in the field of education;

15) providing additional education for children, carried out at the district (in cities of regional significance) level, in accordance with the legislation of the Republic of Kazakhstan;

16) organization of free and reduced-price meals for certain categories of students and pupils in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan;

17) the availability and conduct of educational monitoring in accordance with the procedure established by the authorized body in the field of education;

18) provision of preschool education and training, including the organization, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, of medical care in organizations of preschool education and training in urban areas, cities of regional and district significance, towns, villages, rural districts;

19) providing additional education for children, carried out at the regional and district (in cities of regional significance) levels in accordance with the legislation of the Republic of Kazakhstan;

20) organization of free transportation of students to the nearest school and back in case there is no school in the relevant village, village, rural district in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

4. State control over the educational authorities of the region, the city of republican significance, the capital, the district (city of regional significance) (hereinafter referred to as the subjects of control) is carried out by the territorial divisions of the department of the authorized body in the field of education in the form of scheduled and unscheduled inspections.

5. Verification is performed by performing one of the following actions:

1) visits to the subject of control by an official of the territorial subdivision of the department of the authorized body in the field of education;

2) requesting the necessary information regarding the subject of the audit;

3) summoning the subject of control in order to obtain information on his compliance with the requirements established by the legislation of the Republic of Kazakhstan in the field of education.

6. The subject of the audit is compliance by the subjects of control with the requirements set out in paragraphs 2 and 3 of this article.

7. A scheduled inspection of the subject of control is carried out once every three years on a set of issues related to compliance with the requirements provided for in paragraphs 2 and 3 of this article.

An unscheduled inspection is carried out in relation to the subject of control on certain issues of compliance with the requirements provided for in paragraphs 2 and 3 of this article.

8. The basis for the appointment of a scheduled inspection of the subject of control is the annual list approved by the first head of the authorized body in the field of education before December 20 of the year preceding the year of scheduled inspections.

The department of the authorized body in the field of education sends a list of scheduled inspections to the territorial divisions of the department of the authorized body in the field of education.

The territorial divisions of the department of the authorized body in the field of education post a list of scheduled inspections on their Internet resources by December 25 of the year preceding the year of scheduled inspections.

Amendments and additions to the list of scheduled inspections are carried out in cases of liquidation, reorganization of the control entity, as well as the occurrence of natural and man-made emergencies, the introduction of a state of emergency, the occurrence or threat of the spread of an epidemic, foci of quarantine facilities and especially dangerous harmful organisms, infectious, parasitic diseases, poisoning, radiation accidents and related There are no restrictions.

If the above cases occur, the scheduled inspection may be extended or suspended.

9. The grounds for an unscheduled inspection of a control entity are:

1) the instruction of the first head of the authorized body in the field of education;

2) the requirement of the prosecutor and the instructions of law enforcement agencies;

3) control over the execution of the conclusion on the elimination of identified violations as a result of the audit;

4) appeals of individuals and (or) legal entities on specific facts of violations of the requirements of the legislation of the Republic of Kazakhstan in the field of education and appeals of state bodies;

5) violations by subordinate educational organizations of the subjects of control of the requirements of the legislation of the Republic of Kazakhstan in the field of education, identified by the results of state control and monitoring;

6) publications and media reports on violations of the legislation of the Republic of Kazakhstan in the field of education.

Unscheduled inspections are not carried out in cases of anonymous requests.

10. The procedure for organizing and conducting inspections is determined by this Law.

11. When conducting inspections, the control entity must be notified in advance of the appointment of an inspection at least one day before the start of the inspection, indicating the date of its start.

12. The beginning of the inspection is considered to be the date of delivery to the subject of control of the act on the appointment of the inspection, indicating the timing and subject of the inspection.

The act on the appointment of the inspection shall specify:

1) the number and date of the act;

2) the name of the state body;

3) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person(s) authorized to conduct the audit;

4) information about the specialists, consultants and experts involved in the audit;

5) name of the control entity;

6) the type and subject of the assigned inspection;

7) the deadline for the audit;

8) the grounds for conducting an audit, including the regulatory legal acts of the Republic of Kazakhstan, the mandatory requirements of which are subject to verification;

9) the verification period;

10) the rights and obligations of the subject of control provided for in paragraphs 25 and 26 of this Article;

11) the signature of the head of the control entity or his authorized person on receipt or refusal to receive the act;

12) the signature of the person authorized to sign the acts and the seal of the state body.

13. The terms of the audit are set taking into account the volume of work to be done, as well as the tasks set, and should not exceed:

1) for unscheduled inspections – five working days and with an extension of up to five working days;

2) during scheduled inspections – ten working days and with an extension of up to ten working days.

If it is necessary to make a request to state bodies, as well as due to the significant volume of the audit, the audit period may be extended only once by the head of the territorial division of the department of the authorized body in the field of education for the periods provided for in the first part of this paragraph.

In the event of an extension of the inspection period, the territorial subdivision of the department of the authorized body in the field of education must issue an additional act extending the inspection period and notify the subject of control one business day before the extension of the inspection.

14. Inspections are carried out during the working hours of the subject of control, established by the work regulations of the subject of control.

15. Based on the results of the audit, an official of the territorial subdivision of the department of the authorized body in the field of education draws up a conclusion on the results of the audit.

16. The conclusion on the results of the audit indicates:

1) date, time and place of the conclusion;

2) the name of the state body;

3) the date and number of the inspection appointment act on the basis of which the inspection was conducted;

4) last name, first name, patronymic (if it is indicated in the identity document) and the position of the person who carried out the inspection;

5) name of the control entity;

6) date, place and period of the inspection;

7) type and subject of verification;

8) information about the results of the audit, including the identified violations, and their nature;

9) requirements for the elimination of identified violations, indicating the deadline for fulfilling the requirements and taking measures against those who committed violations;

10) information on familiarization or refusal to familiarize with the conclusion of the representative of the subject of control, as well as persons who were present during the inspection, their signatures or refusal to sign;

11) the signature of the official who conducted the inspection.

17. Copies of the documents related to the results of the audit (if any) are attached to the conclusion on the results of the audit.

18. The first copy of the audit report with copies of appendices is handed over on paper against signature or in electronic form to the subject of control (the head or his authorized person) for familiarization and taking measures to eliminate the identified violations, the second copy in electronic form is submitted to the state body carrying out activities in the field of state legal statistics and special accounting departments, and its territorial bodies, The third copy remains with the territorial division of the department of the authorized body in the field of education.

19. If there are comments and (or) objections based on the results of the audit, the head of the control entity sets them out in writing.

Comments and (or) objections are attached to the conclusion on the results of the audit, which is marked accordingly.

In case of refusal to accept the conclusion on the results of the audit, an act is drawn up, which is signed by the officials carrying out the audit and the head of the control entity or his authorized representative.

The subject of control has the right to refuse to sign the act by giving a written explanation of the reason for the refusal.

20. The subject of control over violations indicated in the conclusion on the results of the audit, no later than three working days from the day following the day of its delivery, provides information on the measures that will be taken to eliminate the identified violations, indicating the deadlines that are agreed with the head of the territorial division of the department of the authorized body in the field of education.

The deadlines for the execution of the conclusion on the results of the audit are determined taking into account the circumstances affecting the actual possibility of its execution, but not less than ten calendar days from the date of delivery of the conclusion.

Upon expiration of the period for the elimination of the identified violations specified in the audit report, the subject of control, within the period specified in this report, is obliged to provide information on the elimination of the identified violations to the territorial subdivision of the department of the authorized body in the field of education that conducted the audit.

To the information provided on the elimination of identified violations, the control entity shall attach (if necessary) materials proving the fact of elimination of the violation.

In this case, an unscheduled inspection in accordance with subparagraph 3) of the first part of paragraph 9 of this article is not required.

If the subject of control fails to provide information on the execution of the conclusion on the results of the audit within the prescribed period, the territorial subdivision of the department of the authorized body in the field of education within two working days sends to the subject of control a request on the need to provide information on the execution of the conclusion.

In case of repeated failure to provide information on the execution of the conclusion on the results of the inspection, the territorial subdivision of the department of the authorized body in the field of education has the right to appoint an unscheduled inspection in accordance with subparagraph 3) of the first part of paragraph 9 of this article.

21. If there are no violations of the requirements set out in paragraphs 2 and 3 of this article, a corresponding entry shall be made in the audit report.

22. The end of the inspection period is considered to be the day when the inspection report on the results of the inspection is handed over to the subject of control no later than the deadline for the end of the inspection specified in the act on the appointment of the inspection or the additional act on the extension of the inspection period.

23. It is prohibited to carry out other types of inspections not established by this article.

24. When conducting an inspection, officials of the territorial subdivision of the department of the authorized body in the field of education may not:

1) verify the fulfillment of requirements not specified in paragraphs 2 and 3 of this article, as well as if such requirements do not fall within the competence of the territorial subdivision of the department of the authorized body in the field of education;

2) require the provision of documents and information if they are not the objects of verification or do not relate to the subject of verification;

3) disclose and (or) disseminate information obtained as a result of the audit and constituting a commercial, tax or other legally protected secret, except in cases provided for by the laws of the Republic of Kazakhstan;

4) exceed the established time limits for verification;

5) to carry out costly measures for the purposes of state control at the expense of the subjects of control.

25. The subjects of control have the right:

1) to prevent the inspection of officials of the territorial subdivision of the department of the authorized body in the field of education, who arrived to conduct an inspection at the facility, in the following cases::

non-compliance with time intervals in relation to the previous check when assigning a scheduled check;

exceeding or expiring the time limits specified in the act on the appointment of inspection dates (additional act on the extension of time, if any), which do not correspond to the time limits established by this Article.;

instructions for conducting an audit to persons who do not have the appropriate authority to do so;

extending the verification period beyond the period specified in this article;

the absence of an act on the appointment of an inspection, an official identification card (ID card);

2) not to provide information if it does not relate to the subject of the audit;

3) appeal the conclusion on the results of the audit of the territorial subdivision of the department of the authorized body in the field of education in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

4) record the verification process, as well as individual actions of an official of a territorial subdivision of an authorized body in the field of education, conducted by him as part of the audit, using audio and video equipment, without creating obstacles to the activities of the official.

26. The subjects of control are obliged to:

1) to ensure unhindered access of officials of the territorial subdivision of the department of the authorized body in the field of education to the territory and premises of the inspected facility;

2) to appear at the call of officials of the territorial subdivision of the department of the authorized body in the field of education in accordance with subparagraph 3) paragraph 5 of this article;

3) provide information at the request of the territorial subdivision of the department of the authorized body in the field of education in accordance with subparagraph 2) paragraph 5 of this article;

4) in compliance with the requirements for the protection of commercial, tax or other secrets, provide officials of the territorial subdivision of the department of the authorized body in the field of education with documents (information) on paper and electronic media or copies thereof for attachment to the conclusion on the results of the audit, as well as access to automated databases (information systems) in accordance with the tasks and the subject of verification;

5) make a note of receipt of the conclusion on the results of the audit on the day of its completion;

6) to prevent making changes and additions to the documents being checked during the verification period, unless otherwise provided by this Law or other laws of the Republic of Kazakhstan;

7) in case of receipt of the act on the appointment of an inspection, ensure that the head of the subject of control or his replacement remains at the location of the object of control at the appointed time of the inspection.

27. Subjects of control have the right to appeal decisions, actions (inaction) of the territorial subdivision of the department of the authorized body in the field of education and their officials in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

The footnote. Chapter 8 is supplemented by Article 59-1 in accordance with the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication).

The Law of the Republic of Kazakhstan dated July 27, 2007 No. 319-III.

This Law regulates public relations in the field of education, defines the basic principles of state policy in this field and is aimed at ensuring the constitutional right of citizens of the Republic of Kazakhstan, as well as foreigners and stateless persons permanently residing in the Republic of Kazakhstan, to education.

President

Republic of Kazakhstan

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