Sets The Positions Of Directors Of Municipal Educational Establishments Concursabilidad

Original Language Title: ESTABLECE CONCURSABILIDAD DE LOS CARGOS DE DIRECTORES DE ESTABLECIMIENTOS EDUCACIONALES MUNICIPALES

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
"Sole article.-Introducense the following amendments to the decree with force of law No. 1 of 1997, the Ministry of education:".

"1. Article 32, shall be replaced by the following: ' article 32.-directors vacancies will be provided through public contest of background and opposition." " These competitions will take place in two stages: a) in the first stage, the Commission rating preseleccionará a shortlist of candidates, in accordance with their background, and b) in the second stage, the shortlisted applicants must submit a proposal for the establishment, without prejudice to take other tests, which will be established through the call to contest for the post the rating agency Commission considers necessary for assessing competencies and the suitability of the applicant.
In those municipalities having less than ten thousand inhabitants, the number of shortlisted candidates may be less than five, with a minimum of two if there are more applicants who meet the requirements.
The rating Committee referred to in article 31 bis preceding, will evaluate presented history, the results of the tests performed and the working proposal presented and, according to it, issue a founded report detailing the score of each candidate to be presented to the Mayor, who must appoint who figure in the first place-weighted in the respective competition. However, by resolution founded, you can name who appears in second place in the contest.
Appointment or contract of the directors will have a validity of five years, at the end of which must be a new contest, which may apply the exercise Director.
The replacement of the Director may not be extended beyond the end of the school year, since the post is vacant, after which necessarily should be called to contest. When the replacement of the Chief conductor is due that it is carrying out studies graduate certificate program or graduate, his replacement may be extended up to the maximum period referred to in the third subparagraph of article 40 of this law.
Director that no longer apply or making it lose the contest, will continue to play, in the case of availability in teaching endowment, in any of the functions referred to in article 5 of this law in educational establishments of the same municipality or Corporation. In such a case, it shall be appointed or contracted with the same number of hours served as Director, no need to compete. If the above, given the Endowment teaching, were not possible, shall be entitled to the benefits established in the third paragraph of article 73 of this law. "."

2 Add, to the fifth subparagraph of article 33, then of the final dot (.), which happens to be a comma (,), the following sentence: "except that in the case of managers make use of the outstanding faculty prescribed in the third paragraph of article 32.".

3 Agreganse the following items 37, 38 and 39 transient, new: "article 37 transitional-contests that referred to in sections 32 and 34 of this law, in those cases which are currently being carried out by directors and heads of departments of administration of Municipal Education, with appointment prior to the date of publication of the law Nº 19.410, are effected by graduality indicating below (: a) during the year 2006, municipalities and municipal corporations call contest to renew those directors and heads of Department of the administration of Municipal Education serving them for more than 20 years at December 31, 2004.
(b) during the year 2007, the municipalities and municipal corporations call contest to renew those directors and heads of Department of the administration of Municipal Education serving them between 15 and 20 years to 31 December 2004.
(c) during the year 2008, the municipalities and municipal corporations call contest to renew those directors and heads of Department of the administration of Municipal Education serving them for less than 15 years at December 31, 2004.
Directors and heads of Department of the administration of Municipal Education referred to in the literal to), b), c) precedents, that they not eliminatory and that, having done, are not elected for a further period of five years, will cease at the end of the year 2005, 2006 and 2007, respectively.

Transitional article 38.-the directors referred to in the previous article, which does not apply to the charge or that so are not elected for a further period of five years, shall be entitled to be appointed or contracted until reaching the age of retirement in any of the functions referred to in article 5 of this law, in educational establishments of the same municipality or Corporation with the same number of hours they served that as a director, without having to compete, or shall be eligible for the compensation established in the final subparagraph of article 32. Such fee will be removed in teaching Endowment when the above retirement age requirement is met.
Also the heads of Department of administration of Municipal Education referred to in the previous article, whatever its name, that does not apply to the charge or doing non-appointed for a further period of five years, shall be entitled to be appointed or contracted until reaching the age of retirement in any of the functions referred to in article 5 of this law in educational establishments in the same municipality, with the same number of hours served to in the previous post, without having to compete, or shall be eligible for the compensation established in the final subparagraph of article 32. Such fee will be removed in teaching Endowment when the above retirement age requirement is met.
However, those directors who miss to meet retirement age equivalent to the duration of a period as director, or one shorter period, shall be entitled to maintain their designation or contract the teaching provided with the same remuneration, until reaching the age of retirement. In any case, means that they will cease as directors by the only Ministry of law, at the time of check the competitions referred to in the previous article, as appropriate.

Article 39 transitional-directors who need to compete as article 37 transitional effect, because of his career, and in particular consideration of their experience, integrate the appliance referred to in article 32 of this law, when they bids a manager who currently serve.
In those communes that have less than 10,000 inhabitants to that referred to in the second paragraph of article 32 and whose list of short-listed candidates is less than 5, before referral director name is added to that list, when they bids a manager who currently serve.
The directors who are appointed in accordance with this article shall serve in office for 5 years, will be subject to article 70 bis of this Statute and all other provisions governing the directors. "."