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Legal Studies
Reference:

Accreditation monitoring as a tool for assessing compliance with accredited indicators of educational programs of higher education.

Druzhinin Andrei

ORCID: 0000-0002-1033-2012

Candidate of Science, Senior Lecturer, Department of General and Russian Church History and Canon Law, St. Tikhon's Orthodox University

127051, Russia, Moscow, Moscow, Likhov Lane, 6 building 1

andr.pstbi@gmail.com
Other publications by this author
 
 

DOI:

10.25136/2409-7136.2022.12.38312

EDN:

NHZYBB

Received:

22-06-2022

Published:

26-12-2022

Abstract: The subject of this article is the transformation of the system of state regulation of higher education and, in particular, the procedures for state accreditation of educational activities. The reform of the system of state accreditation of educational activities creates a number of opportunities for the management teams of educational institutions of higher education. The article presents an assessment of how the new law enforcement practice can affect the quality management of education in higher education institutions based on the analysis of current regulatory legal acts and new legislation. For this purpose, general scientific and special legal methodology (formal legal, comparative legal) was used in the research process. The novelty of the research lies in the application of interdisciplinary approaches to the study of the subject, in combining the results of the analysis of normative legal acts with an assessment of the impact of law enforcement practice on the management system of organizations of higher education and new opportunities to improve the quality of educational programs. At the same time, the conclusion is made about the possibility of greater concentration of teams of organizations on improving the quality of educational programs due to the reduction of the bureaucratic burden on the teaching staff.

Keywords:

Higher education, state control supervision, state accreditation, accreditation monitoring, state regulation of education, Federal Law on Education, executive authorities, law enforcement practice, assessment of the quality of education, administrative law
This article is automatically translated.

Introduction.State accreditation of educational activities in the post-Soviet period of professional education development has taken the place of one of the main mechanisms for assessing the quality of educational programs from the position of the state.

 At the same time, the confirmation of the quality of educational services provided within the framework of accreditation examinations has become one of the drivers of the development of a specific educational direction in educational institutions of higher education (OO HE). The presence of state accreditation largely determines the attractiveness of the direction from the point of view of applicants. On the one hand, applicants are attracted by the right of students enrolled in accredited programs to defer military service [Federal Law No. 53-FZ of March 28, 1998 "On Military Duty and Military Service" (with amendments and additions). Article 24, paragraph 2.], on the other hand, the availability of places funded from the federal budget due to the possibility of participating in a competition for the allocation of budget places [Decree of the Government of the Russian Federation of October 15, 2021 N 1750 "On Approval of the Rules for Establishing Admission Control Figures for professions to organizations engaged in educational activities, specialties and areas of training and (or) enlarged groups of professions, specialties and areas of training for training in educational programs of secondary vocational and higher education, as well as groups of scientific specialties and (or) scientific specialties for training in programs of training of scientific and scientific-pedagogical personnel in graduate school (adjunct) at the expense of budget allocations of the federal budget and the invalidation of certain acts of the Government of the Russian Federation"], as well as the right to issue a document on education and qualifications of a standard established by the state [Federal Law No. 273-FZ of December 29, 2012 "On Education in the Russian Federation" (with amendments and additions)].

However, the procedure of passing periodic accreditation examinations represented costs both for the financial and economic component of the public educational institution as a whole, and due to an increase in the non-core load on the teaching staff, its middle administrative link. Often, it was they who bore the burden of correcting the accumulated shortcomings in the educational, methodological and personnel support of educational programs.

Like any legal reality, the procedure and principles of state recognition of the quality of education in the framework of state accreditation procedures. Recent changes have introduced new concepts and principles into the procedure of state accreditation of educational activities. For the first time, such a concept as accreditation monitoring is introduced, radically changing both the subject of state accreditation and its principles. The purpose of the article is to assess to what extent new realities can affect the reduction of the costs of public education, for which the provisions of a set of normative legal acts defining a new paradigm of state accreditation in the conditions of accreditation monitoring are analyzed.

Analysis of the scientific development of the topic.The contiguity of the methods of state regulation of educational activities in the legislation of the Russian Federation leads to the fact that the issues of regulatory regulation of state accreditation are touched upon in works that have not only quality control of education as the main subject of research, but also state control (supervision) in general.

So, among them we can single out those that study the state regulation of educational activities [1, 19], control and supervisory functions of state bodies in the field of education [8, 10, 13, 14, 15, 17], mechanisms of law enforcement in assessing the quality of education and the effectiveness of educational organizations [4, 5, 6, 7, 12, 18, 20]. A number of studies touch upon the subject in the context of the implementation of the "Regulatory Guillotine" principle in the lawmaking of the Russian Federation [9, 11, 16]. However, at the moment there are still few studies devoted to state accreditation of educational activities in the new realities, which determines the relevance and scientific novelty of the article.

In many ways, this is due to the fact that the changes that came into force, although they had a long period of development and public discussion, and only now can we begin to talk about their legal effect. In one of the main and regularly updated monographs edited by G. T. Alimov [8], the system of state regulation of education is considered, including outdated functions: federal state quality control, licensing control. However, the first results of the "regulatory guillotine" process in educational law are described. The discussions on various public platforms on further transformations of the control system, which paved the way for the introduction of accreditation monitoring, are considered.In many ways, other domestic studies also investigate the legal reality that developed before the entry into force of new regulatory legal acts.

At the same time, despite the clear separation in Russian legislation of control and supervisory activities in the field of education as a state function and state accreditation as a public service, these studies note that the actual practice of law enforcement allows us to understand accreditation as another control measure. In this regard, for example, R. R. Alkhamov [9] speaks about the historical conditionality of the introduction of the state accreditation procedure within the post-Soviet realities of the forced transition to a market economy and the need for its actualization. At the same time, within the framework of similar procedures in foreign law, researchers note the role of the state as one of the quality certifiers, and not a control and supervisory authority [1, 2, 4].Thus, the scientific novelty of the study consists in considering both a phenomenon new to research - accreditation monitoring – and its role in the new model of state accreditation.

The main part.In accordance with the theses of the state program of the Russian Federation "Development of Education", the Government of the Russian Federation states that at the moment "there is an integral system of procedures and mechanisms for assessing the quality of education implemented at the federal and regional levels, including procedures for state regulation of educational activities" [Decree of the Government of the Russian Federation of December 26, 2017 N 1642 "On approval of the state program Of the Russian Federation "Development of education".

]. At the same time, according to Article 90 No. 273-FZ "On Education in the Russian Federation": "2. The state regulation of educational activities includes:

1) licensing of educational activities;

2) state accreditation of educational activities;

3) state control (supervision) in the field of education".

It is the procedure of state accreditation that during 2020 was devoted to the close attention of the relevant federal executive authorities (FOIV). By the spring of 2021, draft amendments to No. 273-FZ "On Education in the Russian Federation" were finally published. Thus, Federal Law No. 170-FZ of June 11, 2021 "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law "On State Control (Supervision) and Municipal Control in the Russian Federation"". Despite the shift in emphasis towards state control (supervision), Federal Law No. 170-FZ also introduces fundamental changes to Articles 92 and 97 No. 273-FZ "On Education in the Russian Federation", where the concept of "Accreditation monitoring" is introduced into the legal field for the first time.

The importance of monitoring as a tool for assessing compliance with accreditation indicators is determined by the global changes that occurred in the system of state accreditation in 2021 and 2022. All adopted amendments come into force on March 1, 2022 [Decree of the Government of the Russian Federation of January 14, 2022 No. 3 "On Approval of the Regulations on State Accreditation of Educational Activities and on Invalidation of Certain Acts of the Government of the Russian Federation and a Separate provision of the Act of the Government of the Russian Federation"].

This concept does not have its own definition and is mentioned in the context of monitoring of the education system by the federal executive authority as follows: "within the framework of monitoring in the education system, accreditation monitoring is carried out, the subject of which is systematic standardized monitoring of the implementation of accreditation indicators by organizations engaged in educational activities" [paragraph 3, Article 97 of December 29, 2012 No. 273-Federal Law "On Education of the Russian Federation"].

Based on the analysis of regulatory legal acts, it is possible to characterize the main theses of the novels that are important for educational institutions of higher education.

Firstly, the subject of state accreditation has changed. If earlier it was an examination of the main educational programs for compliance with the requirements of federal state educational standards in terms of a) their content, b) the quality of training of students, now the accreditation examination considers the compliance of the quality of training with the criteria approved in the list of accreditation indicators. Everything concerning the content of the educational program and its compliance with the requirements of the federal state educational standards of higher education to their content, structure and learning outcomes is now subject to federal state control (supervision).

Secondly, there was a decoupling of the state accreditation procedure from federal state educational standards. This does not mean that the requirements of federal state educational standards are becoming, it's just that now it is checked only within the framework of federal state control (supervision), as a result of which the main educational program may also be deprived of accreditation for non-compliance with federal state educational standards.

Thirdly, the state accreditation for the main educational programs that have such at the time of March 1, 2022, becomes indefinite. Thus, it is necessary to pass the accreditation examination of the main educational programs only in two cases: in case of accreditation of new programs or in case of deprivation of state accreditation.

In turn, the separation of the objectives of accreditation monitoring and the approval of a different number of accreditation indicators for each of them allows us to talk about clarifying the concepts of state function and public service within the framework of state regulation of educational activities. Thus, accreditation monitoring for the purposes of federal state control (supervision) and as an element of the annual monitoring of the education system [Accreditation indicators for educational programs of higher education, approved by order of the Ministry of Science and Higher Education of the Russian Federation dated November 25, 2021 N 1094] separates those criteria that are not characteristic of the procedure of state accreditation as a state education quality assurance services.

The studied normative legal acts show that accredited public organizations receive a number of advantages. Instead of the practice common in educational institutions of higher education - resource mobilization once every 6 years - a new procedure is introduced that contributes to the continuous maintenance and improvement of the quality of education - accreditation monitoring for higher and secondary vocational education programs [see: Federal Law No. 170-FZ of June 11, 2021. Order of the Ministry of Science and Higher Education of the Russian Federation dated November 25, 2021 N 1094]. It is obvious that for those educational institutions of higher education where a permanent quality management system is implemented and functioning, not much changes – there is only a need to tighten up those moments that "sag" according to the monitoring criteria. Otherwise, the technical educational organization of higher education should rebuild its system of assessing the quality of education, learn to live in new conditions, or lose state accreditation.

The continuity and consistency of the approach to quality management in the new conditions are due to the fact that there will be practically no new procedures for accreditation monitoring that require interaction between the administration and the supervisory authority. Most of the information and information for the accreditation monitoring procedure will be taken into account within the framework of existing solutions.

Among them: the official website of the organization on the Internet, information obtained as a result of interdepartmental interaction of state authorities, statistical reports of organizations engaged in educational activities, information from federal information systems, the results of monitoring of the education system of the Russian Federation in the field of education.The output of methodological recommendations on the application of accreditation indicators [Letter of the Ministry of Science and Higher Education of the Russian Federation dated February 28, 2022 N MN-5/339 "On the direction of methodological recommendations"], although not constituting a regulatory legal act, but providing explanations on controversial points, provided great assistance in the desire of educational organizations of higher education to comply with the set quality bar from the FOIV.

Conclusion.

Thus, the analysis of legislative innovations in terms of assessing the quality of education within the framework of state accreditation of educational activities allows us to characterize the legal impact of transformations on the educational system in Russia. Thus, it can be noted both the improvement of administrative and legal procedures for state accreditation, and possible economic benefits as a result of adequate law enforcement practice. Firstly, accreditation monitoring becomes the condition that allows in practice to carry out the transition of administrative procedures in the field of education from comprehensive supervision to a risk-oriented approach, which in turn shifts the focus from documentary inspections of educational institutions to prevention and maintenance of the quality of educational programs. This, in turn, allows the new model of state accreditation of educational activities to more closely match the definition of a public service. Secondly, there is an obvious reduction in the bureaucratic burden on the management bodies of the public educational institution and the teaching staff, which allows us to focus directly on improving the quality of education. In this case, the annual accreditation monitoring acts as an incentive to the development of a quality control system in the NGO and as one of the sources for self-reflection. Thirdly, the emphasis in the accreditation monitoring indicators on internal and external independent assessment of the quality of education suggests an increased role of public control over law enforcement practice. At the same time, taking into account the possible expansion of the list of accreditation indicators, it is recommended that organizations regularly monitor projects for making changes to monitoring criteria and participate in their public discussion.

References
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First Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

The subject of the study. Accreditation monitoring as a tool for assessing compliance with accredited indicators of educational programs of higher education. Research methodology: analysis of normative legal acts. Relevance. At the moment, there are still few studies devoted to state accreditation of educational activities in the new realities, which determines the relevance of the article. Scientific novelty. The accreditation monitoring is characterized: the subject of state accreditation has changed (the accreditation examination considers the compliance of the quality of training with the criteria approved in the list of accreditation indicators), the state accreditation procedure has been disconnected from federal state educational standards, state accreditation for basic educational programs having such at the time of March 1, 2022, becomes indefinite. Style, structure, content. The style is scientific. The work is structured in meaning, but it would look better if there were formal signs of the structure: introduction, main part, conclusion. The article is devoted to the consideration of accreditation monitoring in the context of a new paradigm of state accreditation. The state regulation of educational activities includes: licensing of educational activities; state accreditation of educational activities; state control (supervision) in the field of education. The procedure of state accreditation during 2020 received close attention from the relevant federal executive authorities. Federal Law No. 170-FZ introduces fundamental changes to Articles 92 and 97 No. 273-FZ "On Education in the Russian Federation", which for the first time introduces the concept of "Accreditation monitoring" into the legal field. The importance of monitoring as a tool for assessing compliance with accredited indicators is determined by the global changes that occurred in the system of state accreditation in 2021 and 2022. The author analyzes and characterizes accreditation monitoring as a tool for assessing compliance with accredited indicators. The author shows a number of advantages of accredited educational institutions, in particular, the continuous maintenance and improvement of the quality of education. Practically no new procedures will be introduced for accreditation monitoring that require interaction between the administration and the supervisory authority. Most of the information and information for the accreditation monitoring procedure will be taken into account within the framework of existing solutions. The bibliography generally reflects the stated topic. An appeal to opponents is present in the introduction, which touches on works that have the main subject of the study of state control (supervision) in the field of education. The conclusions correspond to the stated topic: "Thus, it is obvious to reduce the bureaucratic burden on the governing bodies of educational institutions of higher education, which allows us to focus directly on improving the quality of education, which accreditation monitoring should only help. At the same time, taking into account the possible expansion of the list of accreditation indicators, it is recommended to regularly monitor projects for making changes to monitoring criteria and participate in their public discussion." However, the interest of the readership is too concise and insufficiently expanded: the article is of interest to the readership.

Second Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

REVIEW of an article on the topic "Accreditation monitoring as a tool for assessing compliance with accredited indicators of educational programs of higher education". The subject of the study. The article proposed for review is devoted to accreditation monitoring as a tool for "... assessing compliance with accredited indicators of educational programs of higher education." The author has chosen a special subject of research: the proposed issues are investigated from the point of view of administrative and educational law, while the author notes that "... obtaining confirmation of the quality of educational services provided within the framework of accreditation examinations has become one of the drivers of the development of a specific educational direction in educational institutions of higher education (OO HE)." Legislation is studied in a broad sense, both laws and subordinate legislation relevant to the purpose of the study. A certain amount of scientific literature on the stated problems is also studied and summarized. However, it is necessary to note only the enumeration of these works by opponents "[8, 10, 13, 14, 15, 17], [4, 5, 6, 7, 12, 18, 20], [9, 11, 16]", but not their analysis and discussion with the authors. At the same time, the author notes that "Issues of regulatory regulation of state accreditation are addressed in works that have the main subject of the study of state control (supervision) in the field of education." Research methodology. The purpose of the study is determined by the title and content of the work "... is to assess how new realities can affect the reduction of public health costs, for which the provisions of a set of normative legal acts defining a new paradigm of state accreditation in terms of accreditation monitoring are analyzed." It can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. In particular, the author uses a set of general scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to generalize various approaches to the proposed topic (only very relatively), but did not affect some of the author's conclusions in any way. The most important role was played by special legal methods. In particular, the author used a formal legal method, which allowed for the analysis and interpretation of the norms of current legislation. In particular, the following conclusions are drawn: "The continuity and consistency of the approach to quality management in the new conditions are due to the fact that practically no new procedures will be introduced for accreditation monitoring that require interaction between the administration and the supervisory authority..." etc. At the same time, in the context of the purpose of the study, the formal legal method could be applied in conjunction with the comparative legal method, since references to foreign studies are present in the article in large volume (7 titles). But this did not happen. Thus, the methodology chosen by the author is not fully adequate to the purpose of the article, it allows you to study only certain aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is one of the most important in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes that "... at the moment there are still few studies on state accreditation of educational activities in new realities, which determines the relevance of the article." And in fact, an analysis of these works should follow here, but they are not. The question arises – why? Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is questionable. It is not expressed in the specific scientific conclusions of the author. Among them, for example, is the following: "... the analysis of legislative innovations in terms of assessing the quality of education within the framework of state accreditation of educational activities allows us to characterize the legal impact of transformations on the educational system in Russia." As can be seen, these and other "theoretical" conclusions are not specific and cannot be used in further scientific research. Thus, the materials of the article as presented may have a certain (narrow) interest for the scientific community. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Legal Studies", as it is devoted to accreditation monitoring as a tool for "... assessing compliance with accredited indicators of educational programs of higher education". The article contains a very brief analysis of the opponents' scientific works, so the author notes that a question has already been raised that is close to this topic in another aspect. The content of the article corresponds to the title, since the author considered the stated problems and achieved the purpose of his research. The quality of the presentation of the study and its results should be recognized as incomplete. The text of the article directly follows the subject, objectives, methodology (in some cases positive), the results of legal research, but there is no scientific novelty. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature presented, but not used, should be highly appreciated. The works of the above authors correspond to the research topic, have a sign of sufficiency, and would contribute to the disclosure of certain aspects of the topic. But the author did not take advantage of this, and in light of this, the scientific novelty of the work is not visible. Appeal to opponents. The author has not conducted a serious analysis of the current state of the problem under study. The author describes different points of view on the problem, tries to argue a more correct position in his opinion, not relying on those works that he only mentioned, but did not give "... a few studies on state accreditation of educational activities in new realities ...", offers solutions to individual problems. Conclusions, the interest of the readership. The conclusions are logical, specific, and they are obtained using a generally accepted methodology. The article in this form cannot be of interest to the readership in terms of the presence in it of the author's systematic positions in relation to the issues stated in the article and the lack of scientific novelty, which should be characteristic of legal research. Based on the above, summing up all the positive and negative sides of the article, I recommend "sending it for revision".

Third Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

The paper "Accreditation monitoring as a tool for assessing compliance with accredited indicators of educational programs of higher education" is submitted for review. One of the main mechanisms for assessing the quality of educational programs from the perspective of the state is the state accreditation of educational activities. However, this procedure differs in the presence of costs, both financial and administrative. Moreover, accreditation always increases the burden on the teaching staff in the direction of correcting accumulated shortcomings in the educational and methodological support of educational programs. The purpose of the work is to characterize how new realities can affect the reduction of public health costs, as well as to analyze the provisions of a set of normative legal acts defining a new paradigm of state accreditation in terms of accreditation monitoring. The analysis of legislation in terms of assessing the quality of education within the framework of state accreditation of educational activities allowed us to characterize the legal impact of transformations on the educational system in Russia. According to the author, accreditation monitoring is a necessary condition that will allow in practice to transfer administrative procedures in the field of education from total supervision to a risk-oriented approach. This will shift the focus from documentary inspections of educational institutions of higher education to prevention and maintenance of the quality of educational programs. The new model of state accreditation proposed by the author will be more consistent with the characteristics stated in regulatory legal acts as a public service. This approach will reduce the bureaucratic burden on the university's governing bodies and teaching staff, which will allow us to focus specifically on improving the quality of education. Considerable attention is paid to the fact that the main accreditation indicators of monitoring are internal and external assessment of the quality of education. This indicates that the role of public control over law enforcement practice is increasing. An important conclusion of the author is that the list of accreditation indicators is constantly expanding. Therefore, educational institutions need to monitor projects for making changes to monitoring and participate in public discussion. The style of presentation is scientific. The work is structured, the introduction, the main part and the conclusions are clearly highlighted. The research is distinguished by its undoubted scientific significance, the author's approach to solving the stated problem is presented. The scientific novelty of the study lies in considering both a phenomenon new to the study – accredited monitoring – and its role in the new model of state accreditation. The bibliography of the article includes 20 domestic and foreign sources. The scope of the work corresponds to the subject of the article and includes articles from the last three years. The bibliography is designed in accordance with the Rules for registration of literature 2022, posted in the section Rules for registration of the list of references. The article is relevant from a theoretical and practical point of view, and has an undoubted scientific value. Therefore, the work can be recommended for publication.
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