Qualified Law Of Education, 3-9-93

Original Language Title: Llei qualificada d'educació, de 3-9-93

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Qualified law of education since the General Council in its session on 2 and 3 September 1993, has approved the following: qualified law of education Preamble the educational structure of our country, peculiar by the fact that there are different foreign educational systems coexist, which until a few years ago have fulfilled the function of national education, has been gaining in recent decades remarkable complexity. Its understanding requires necessarily the analysis of the historical process of he progressively moved that has been occurring over the last one hundred years.

Historically, responsibility for education was bestowed on the Commons, they were the organizers of a large part of the life of the community. It was not until the end of the last century, circa 1880, that in some parishes, with a teacher paid by the common, they installed the first congregational schools.

Then, from 1900, opened the first French primary schools in various parishes, despite the fact that their situation is not moved until the enactment of the Decree about the schools and the Lyceum of the French Co-prince of Andorra, in 1982. From the year 1930 opened up several Spanish schools in different districts. Its legal status is not regulà until the signing of the agreement between the Episcopal Co-prince and the Spanish Government, in 1981. A and others have ensured the formation of first and second teaching of the students of our country.

In 1966 he began to run the College Sant Ermengol, built by the Mitra in a terrain donated by the General Council, and in 1968 he inaugurated the new center of the Holy Family in Santa Coloma: the Institute Janer. Both as the other will be subsidized by the General Council after fully to deliver teaching for free.

In 1972, the General Council launched the program of andorranització of education, intended to preserve the identity and the peculiarities of our country. In those years, and thanks to the initiative of a group of citizens, he created the specialized school our Lady of Meritxell special education centre.

In 1982, the Government promotes the creation of an educational system with the launch of the Andorran School.

In the Andorran education system have been created more recently other two training centres: the school of computer science and the school of nursing.

Both schools, which started its activities in 1988, respond to specific needs of our labour market and promote the service sector which takes more and more importance in our society.

This is the Andorran educational structure at the moment in which the people of Andorra assumed the full sovereignty with the enactment of the Constitution. This law establishes the Andorran educational structure from the existing reality: the various educational systems that coexist within a single structure, a specificity certainly rewarding, which do not want to give up.

The present Law develops in the first place, the right of everyone to education, a right that the Constitution recognizes the fundamental character and establishes the compulsory and free education up to the age of 16;

the right of adults to basic training, and the principle of equality in access to higher levels of education. It refers also to the freedom to chair of the teachers, and to the rights of parents to choose the kind of education they want for their children, as well as to the rights of the students.

From the Constitutional Proclamation of the right to education as a fundamental right, the Andorran State should provide the mechanisms to make it effective, and to this end is the Andorran education system. With this system, they can coexist with other educational systems, with the single requirement that will conclude the corresponding agreement.

With regard to schools, the law distinguishes between the public and the private. The law set up the public schools in a very broad way, understanding as such, not only those that rely on the administration of the State, but also all others who, bound by the agreement, concert, contract or other agreement formula of wills with the Government, serve public purposes. Private schools will coexist with them as an expression of the constitutional principle of freedom of education and freedom of creation of educational centres, depending on the free initiative. In terms of these centers, the role of the State is limited to control and ensure that deliver their teaching in conditions sufficient to make the constitutional right of their students to get an education in the full development of their orderly personality and dignity, in respect for freedom and fundamental rights.

The regulation of the specialized education is left to the Government, by way of regulation, but reserves to the ordinary law the creation of centres of higher education or University.

Finally, the law expressly refers to the situation of the different schools which are currently open to Andorra and that studies in accordance with Spanish or French education systems. The situation and the status of the educational centres of teaching French and Spanish dependent of the public administrations of the neighbouring countries, as well as the Sant Ermengol College and schools of the Sagrada Familia have to regulate by agreement with the Government of Andorra.

Title i. General principles Article 1 1. Everyone has the right to receive a basic education that will allow them to develop their own personality, training as a citizen and to participate in the development of the country.

2. Likewise, everyone has the right to access to higher levels of education, depending on their aptitudes and vocation.

Article 2 the education is based on the rights, freedoms and principles set out in the Constitution, this law, and treaties and international agreements concluded by Andorra.

Article 3 the educational outreach activity will be assessed to the achievement of the following purposes: a) to promote and encourage the development of the personality of the student.

b) to promote the acquisition of intellectual habits and work techniques.

c) transmit scientific knowledge, humanistic, artistic, technical and ethical.

d) training for the exercise of professional activities.

e) to promote the Catalan as a language of the country, ensuring that they reach a proper domain and a nuanced and rich use of oral and written Catalan.

f) to promote the universal critical spirit, as well as the behaviors of autonomy and adaptability, and to contribute to the enrichment of the cultural elements and specific to Andorran society.

g) foster the integration and social and civic participation.

h) train children and young people in the respect of diversity and of the fundamental rights and freedoms, and in the exercise of tolerance and freedom, within the democratic principles of coexistence and pluralism.

Article 4 1. Basic education is compulsory and free for all citizens, and aliens legally residing in the levels laid down in article 7 of this law. The State guarantees this right through the public schools.

2. basic education is guaranteed to adults through a system of adult education.

Article 5 the Andorran educational structure is plural. Is made by the Andorran education system that follow the Centers for centers to follow other educational systems recognized by the Convention.

Article 6 1. The Andorran educational system is governed by this law, by the law of development of the Andorran education system, by the law of the Andorran School and by the provisions that complement and develop.

2. Educational systems different from the Andorran regulate by its own rules in that it has not been amended by an agreement that recognizes them, and without prejudice to the direct application of this law and the regulations that develop in that it sets out expressly.

Article 7 1. The compulsory schooling includes the first and second levels of education. Includes from 6 years up to 16 years.

2. Every child shall have the right to be schooled from the age of 3 years, if the parents or guardian so request.

3. Students will be able to be schooled until the age of 18 to study the level of secondary schools.

Article 8 the attention of pupils with special educational needs will be governed by the principle of integration.

Article 9 1. Students have the right to receive a school and professional orientation and to receive the assistance needed to make up for possible shortages of family, economic, social and cultural type, in accordance with the law.

2. Students have the right to your school performance is evaluated with objective criteria.

Article 10 The parents or guardians have the right to choose freely for any educational systems implemented in Andorra, and the right of their children or pupils received religious and moral training in accordance with their own convictions.

It guarantees parents or guardians the freedom of Association to collaborate and participate, in accordance with the laws and the regulations that develop in the educational activities and training of their children or pupils.

Article 11 recognises the teachers the freedom Chair, as long as they respect the Constitution and carry out educational purposes.

Article 12 all members of the education community have a duty to respect the basic rules of coexistence within the school.

Article 13 will be provided access to the universities and higher education centres through the provision of scholarships and grants for the study, which will be awarded in accordance with the law.

Article 14 1. Academic and professional titles are issued by the State, in accordance with the different types of the Andorran education system, they will have full academic and professional validity within the territory of Andorra.

2. The recognition and approval of the academic and professional qualifications issued by foreign educational systems, and the recognition abroad of the titles given by the Andorran education system, is governed by the corresponding agreements.

Article 15 the Government shall determine annually the school calendar for all schools in Andorra.

Article 16 1. The Government is responsible for the general planning of the teaching, in accordance with the educational needs, in order to guarantee the effective exercise of the right to education and freedom of education.

2. In its planning function, the Government will take into account the existence of options from different educational systems of the Andorran.

Title II. The educational systems chapter. The Andorran education system Article 17 the guiding principles of the Andorran education system and its modalities, levels, cycles, courses and options set by the law will be developed by a regulation that will determine their programs. Program is understood to be the set of objectives, contents, teaching methods and targeting criteria and evaluation.

Article 18 the Catalan is the language of the Andorran education system. In the various forms and levels of the Andorran education system will promote the learning of foreign languages may be vehicle to promote the opening to the universal culture and fluid relationship with other countries.

Article 19 the Government, through the corresponding service, will inspect and evaluate all the centres of the Andorran education system.

Second chapter. The educational systems other than Andorran Article 20 supported the establishment in Andorra of dependent schools education systems other than Andorra, as long as they conclude the corresponding agreement.

Article 21 schools that depend on different educational systems of the Andorran specific subjects be taught compulsorily Andorran training determined by the Government through the relevant agreement.

Article 22 On the centres dependent on educational systems other than Andorra, the Government will have the powers to be determined inspectores in the agreement or agreement that recognizes.

Title III. The schools Article 23 1. Schools can be public or private.

2. the public schools are the instrument to guarantee the right to education recognized by the present law. They may be State or non-State.

in State public schools) are the ones who create the Government and hold up the general budget.

b non-State public schools) are those that depend on a public or private person bound by the agreement, concert, contract or other agreement formula of wills with the Government.

3. The private centers are expression of the principle of constitutional freedom of creation of educational centres. The owner can be a public person different from the State or a natural or legal person of a private character.

Article 24 1. In terms of levels of education that taught, schools are classified in: a) maternal education Centres.

b first teaching Centers).

c) secondary Centres.

d) Centres of high school.

e) professional training Centres.

f) universities.

2. The Government will determine the regulations the necessary conditions to open schools that taught lessons not included in the previous section, as well as the validity and effects of titles that these centres delivered.

Article 25

1. The opening and functioning of private schools are subject to the regime of administrative authorization, which will be awarded when you meet the minimum requirements laid down in general. The authorization is revocarà, with no right to compensation, when the leave comply with those requirements.

2. The creation and the operation of schools in Andorra that deliver different teachings of the Andorran education system is regulated by the agreement.

Article 26 1. A natural or legal person of Andorran nationality can open and run private schools that deliver the education referred to in chapter I of title II of this law. The individuals of foreign nationality and resident in Andorra will be able to open and run these centres if you meet the requirements that are required in general to the residents for the exercise of the trade, industry and the liberal professions in the Principality.

Also be able to open and run the centres that are specified in the previous section, the public interest companies constituted in accordance with the provisions of commercial legislation in force.

2. By exception to the provisions of the preceding paragraph, may not be entitled to educational centres: a) Are civil servants and the staff is at the service of any public administration.

b) persons who provide services or advice to any Government or State educational centre.

c) those who have criminal records for crime.

d) legal persons in which one or more individuals included in the previous sections hold social charges or hold social capital.

Article 27 all schools, public and private, must meet minimum requirements to ensure the quality of the education that taught. These requirements are referred to, at least, to the academic qualifications of the teaching staff, the numerical ratio students/teacher, in the educational and sports facilities and the number of school places, and will be determined by the Government.

Article 28 1. All schools will have a name of its own. Are entered in a register that will carry the Government through the corresponding service.

2. The schools are prohibited the use of denominations that may induce to confusion about the level of courses taught, the educational system that follow, the academic validity of the studies or any other.

Article 29 1. Are university centres or centres of higher education, those who are recognized as such by an act of the General Council on the proposal of the Government.

2. The Government will determine in general the number of centres and the demands of material and personnel, at least they will have to gather these centres.

3. The freedom of creation of schools recognized in article 20, paragraph 2. of the Constitution, includes the freedom of creating private-owned higher education centres. These centres must conform to the rules set out in the previous sections.

4. the Government is responsible for the approval of the securities issued by the private schools in accordance with the established regulations.

Title IV. The Andorran Board of education Article 30 1. The Consell Andorrà de education (CADE) is the highest organ of collegiate participation of different sectors of the educational community for the general planning of the teaching and advising and consulting the Government.

2. The president of CADE will be the Minister of education or another person appointed by the Government, at the proposal of the Minister of education.

3. The CADE will be able to formulate proposals to improve the efficiency, performance and the quality of teaching and studies in order to experiment and investigate new educational ideas and methods of study.

Article 31 1. The composition and functioning of the CADE will be established by the regulations.

2. You will be able to incorporate the CADE, permanently or for specific topics, foreign experts appointed by the Government at the proposal of the Minister of education.

Additional provisions First the Government of Andorra has concluded conventions or agreements to which refer articles 14.2 and 20 of this law with the educational authorities of the countries of which depend on foreign educational systems established in the Principality.

Second 1. The Government has concluded with the Board of Trustees of the College Saint Ermengol an agreement that regulates the teaching at this Center.

This agreement will take into account the contract signed on June 16, 1976 as well as the experience of its application.

2. The Government has concluded with the owner of the two schools of the Sagrada Família an agreement in order to define your status.

Final provisions First empowers the Government to regular deployment of what has this law.

Second abolishes all the foregoing in what this law versus offline.

Casa de la Vall, 3 September 1993 Jordi Farràs Forné Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Joan Martí Alanís François Mitterrand and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra

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