4.2.1. The second approach
The second approach considers the subject as the carrier of the regulatory (control) impact directed at the object. From this point of view, the direct object for the activity of the subjects of the educational process is the relations that develop over the physical, socio-moral, artistic-aesthetic and cognitive-speech development of the child's personality in early and preschool years. These relations consider subjects in terms of their organizational and legal status.
Family of the child (parents, legal representatives) is a special, key subject of preschool education and education. It is the family of the state that is responsible for raising a child, giving him an education.
In part 2 of Art. 38 of the Constitution of the United States (adopted by popular vote on 12.12.1993 (including amendments made by Federal Laws on Amendments to the Constitution of the United States No. 6-FKZ and No. 7-FKZ of 30.12.2008)): "Care for children, their upbringing - the equal right and duty of parents & quot ;. It is this norm that fixes the legal status of the family as a subject of preschool education, and not the generally known norm of part 4 of Art. 43 of the US Constitution that "parents or persons replacing them ensure that children receive basic general education", since preschool education does not belong to the basic general education system.
The constitutional principle is developed in the family legislation, where the rights, freedoms and duties of parents are specified. In paragraph 1 of Art. 63 of the US Family Code says this: "Parents have the right and duty to educate their children." Parents are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, spiritual and moral development of their children. Parents have a preemptive right to educate their children before all other persons. "
Article 18 of the US Law "On Education" says: "Parents are the first teachers. They are obliged to lay the foundations for the physical, moral and intellectual development of the child's personality in early childhood. " Indeed, the parents of minor children play a huge role in the development, upbringing and education of preschool children. First of all, it is expressed in the protection and strengthening of health, in the emotional development and socialization of the child, the formation of a basis for his personal culture. Before the child receives basic general education, they have the right to choose the forms of education, educational institutions, protect the legitimate rights and interests of the child, and take part in the management of the educational institution.
For non-compliance of parents with the duties assigned to them, related to the organization of the upbringing and education of children, legal liability arises.
The child is also a subject of the educational process, possesses the entire spectrum of human and citizen rights. The normative legal documents protecting his rights and dignity include the following: the United Nations Declaration on the Rights of the Child, the Convention on the Rights of the Child (1989), the United States Constitution, Federal Law No. 124-FZ of 24 July 1998 "On Basic Guarantees of the Rights of the Child in the United States" Federation and a number of other documents.
The main place among them is the Convention on the Rights of the Child, which defines three tasks - survival, development, protection, related to the protection and protection of children's rights. In accordance with them, the following rights are recognized for the child:
- to preserve their individuality, including citizenship, name, family ties;
- a certain standard of living necessary for physical, mental, spiritual, moral and social development;
- personal life, the right to express their views on all issues affecting his interests, etc.
However, due to the young age, although the child is a subject of upbringing and education, the educational process does not have sufficient legal capacity to independently exercise its rights and impose any legal obligations on it. His rights to third parties are exercised through the family (legal representatives). Due to the agreement between the family and the educational institution where the child is brought up and trained, the institution is delegated the right to represent the interests of the child during the implementation of pedagogical activity and the duty to protect the rights of the child.
Preschool educational institution is a specific (optional) subject of preschool education and education. Rights and duties to regulate the educational and educational process, it is vested in virtue of the legal fact - the conclusion of a contract with the parents of the child.
The goals and objectives of preschool institutions are defined by its charter, the main tasks are specified in cl. 18 of the US Law "On Education": "For the education of preschool children, the protection and strengthening of their physical and mental health, the development of individual abilities and the necessary correction of violations of the development of these children to help the family operates a network of preschool educational institutions."
For the implementation of these tasks in the pre-school educational institution teachers work.
Teacher of a pre-school institution - a subject of preschool education and education. Rights and duties to regulate the educational and educational process, he is endowed with the power of a legal fact: the conclusion of an employment contract with a pre-school institution. This means that the educator, when carrying out the educational process, represents an educational institution and is endowed with a number of rights and obligations of the legal representative of the child by virtue of law, contracts, statutes, curricula, timetables and other normative acts and contracts.
The teacher acts as the organizer of the educational process and pedagogical interaction. The latter, reflecting the specifics of the interaction of subjects of pedagogical communication, has two sides, two interrelated components: the pedagogical influence and the response of the pupil.
Impacts can be direct and indirect, differ in the direction, content and presentation forms, the presence or absence of the goal, the nature of the feedback (managed and unmanaged), etc.
The responses of pupils are as varied as they are: active perception, information processing, ignoring or opposing, emotional experience or indifference, actions, deeds, activities.
Unity of responses of pupils and pedagogical influences is provided due to the following processes:
1) mastering and constructing the content of education and the material base and activities of the teacher;
2) the business interaction of teachers and pupils about the content of education, the assimilation of which is the last - the purpose of interaction;
3) the interaction of teachers and pupils at the level of personal relationships (informal communication);
4) the development of pupils of the content of education without the direct participation of the teacher (self-education and self-education).
The first and fourth processes reflect object relations, the second - the actual pedagogical ones, the third - the mutual. In this case, the teacher implements the following rights:
- on the moral and material stimulation of labor; freedom of choice and use of teaching and educational methods, teaching aids, materials, textbooks in accordance with the program;
- professional development, realization of their creative potential in the process of preparation, retraining and advanced training;
- participation in the administration of the DOW, appeals against orders and orders of the administration;
- protection of their professional honor and dignity;
- the use of information funds, services of educational, scientific-methodical, social, medical, and other units of the educational institution.
Another subject of the educational process directly related to the activity of the pre-school educational institution is the preschool group (peer group).
The need for a child to communicate with peers occurs somewhat later than his need for communication with adults. It is precisely in the preschool period that it is already very clearly expressed and creates the most favorable conditions for proper upbringing and development in the peer group, into which the child enters the kindergarten.
The organization of the children's collective is possible under the following conditions:
- Children of different ages perform separate parts of a common task, i.e. age division is carried out;
- Significant goals of this activity have both social and personal meaning;
- equal, initiative-creative position of each child;
- continuity and complication of joint activity;
- accounting for the interests and position of another person.
According to the definition of the well-known teacher AP Usova, the preschool group is the first original children's society that arises in the joint games of children, where they have the opportunity to unite themselves with each other and act both in small groups and in large groups. It is in these joint games that the child acquires the social experience necessary for the development of his quality of the public. Therefore, the pre-school group is a subject of the educational process and in the Model Regulation on the DOW is presented as its main structural unit.
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