LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 27, 2019 No. 293-VI ZRK

About the status of the teacher

This Law determines the status of the teacher, establishes the rights, social guarantees and restrictions, obligations and responsibility of the teacher.

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the teacher - the person having pedagogical or other professional education on the corresponding profile and performing professional activity of the teacher on training and education of students and (or) pupils, to methodical maintenance or the organization of educational activities;

2) pedagogical ethics - the standards of behavior of teachers established by the legislation of the Republic of Kazakhstan on the status of the teacher;

3) council on pedagogical ethics - the collegial body created in the organizations of education and territorial subdivisions of department of authorized body in the field of education, considering questions of respect of pedagogical ethics by teachers;

4) mentorship - activities of the teacher on rendering the practical help in professional adaptation to person who for the first time started professional activity of the teacher in the organization of secondary education.

Article 2. Legislation of the Republic of Kazakhstan on the status of the teacher

1. The legislation of the Republic of Kazakhstan on the status of the teacher is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Coverage of this Law

Operation of this Law extends to the teachers performing professional activity in the preschool organizations of education, the organizations of average (initial, main average, general average), technical and professional, postsecondary education, the specialized, special organizations of education, the organizations of education for orphan children and children without parental support, the organizations of additional education for children and also in methodical offices.

Operation of this Law extends to teachers of military educational institutions with the features provided by the Law of the Republic of Kazakhstan "About military service and the status of the military personnel".

Article 4. Status of the teacher

1. The special status of the teacher providing conditions for implementation of professional activity by it is recognized the Republic of Kazakhstan.

2. Person has the status of the teacher during implementation of professional activity in the fields of education and stays in employment relationships with the relevant organization according to the procedure, established by the legislation of the Republic of Kazakhstan.

3. The list of positions of teachers affirms authorized body as spheres of preschool, secondary, technical and professional, postsecondary education, additional education (further - authorized body in the field of education).

Article 5. Pedagogical ethics

1. Pedagogical ethics are based on the principles of legality, conscientiousness, responsibility, respect of honor and advantage of the personality.

2. Violation of pedagogical ethics is minor offense and attracts disciplinary responsibility of the teacher according to the labor law of the Republic of Kazakhstan.

3. Pedagogical ethics affirm authorized body as the field of education.

Article 6. Ensuring professional activity of the teacher

1. The employer provides to the teacher of condition for implementation of professional activity by it according to the labor law of the Republic of Kazakhstan.

2. When implementing by the teacher of professional activity are not allowed:

1) attraction it to the work types which are not connected with professional obligations, except as specified, provided by the laws of the Republic of Kazakhstan;

2) reclamation at it of the reporting or information, not the stipulated by the legislation Republic of Kazakhstan in the field of education;

3) conducting the checks which are not provided by the laws of the Republic of Kazakhstan;

4) assignment of obligation on it on purchase of goods and services.

3. Involvement of teachers of the state organizations of secondary education when implementing of professional activity by them is not allowed to holding actions of the non-state organizations.

Article 7. The teacher's rights when implementing professional activity

1. The teacher when implementing professional activity has the right on:

1) the free choice of methods and forms of the organization of professional activity on condition of observance of requirements of the state obligatory standard of appropriate level of education;

2) protection against illegal intervention and hindrance from official and other persons;

3) respect for profession and proper conduct from students, pupils and their parents or other legal representatives;

4) organizational both material logistics and creation of necessary conditions for implementation of professional activity;

5) implementation of scientific, research, creative, experimental activities, implementation of new techniques and technologies in student teaching;

6) creative initiative, development and application of author's programs and training methods and education, development and distribution of new, more committed training methods and education on condition of observance of requirements of the state obligatory standard of appropriate level of education;

7) the choice of education guidances, materials and other tutorials and education according to the educational program;

8) participation in development of educational programs, curricula, methodical materials and other components of educational activities, and also textbooks, educational and methodical complexes and education guidances;

9) election and class of elective office in place of employment;

10) participation in discussion of the questions directed to education quality excellence, including relating to education organization activity;

11) participation in work of collegiate organs of management of the organization of education;

12) advanced training at least once in three years;

13) continuous professional development and choice of forms of advanced training;

14) early assignment of qualification category;

15) individual pedagogical activities according to the procedure, established by the legislation of the Republic of Kazakhstan;

16) encouragement for progress in professional activity;

17) draft deferment on military service according to the Law of the Republic of Kazakhstan "About military service and the status of the military personnel";

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