Key Benefits:
The National Assembly and the Senate have adopted,
The President of the Republic enacts the following:
Is ratified, as amended by this Law, Order No. 2000-549 of 15 June 2000 on the Legislative Part of the Code of Education, taken pursuant to Act No. 99-1071 of 16 December 1999 Enabling the Government to make, by ordinances, the adoption of the legislative part of certain codes.
The provisions of the code of education annexed to Order No. 2000-549 dated 15 June 2000 are thus amended:
I.-In the first paragraph of Articles L. 161-3, L. 162-4, L. 163-4 and L. 164-3, before the words: Article L. 141-3 ' shall be inserted as follows: ' The first paragraph of ".
II. Article L. 212-13 is repealed.
III. Article L. 212-14 is repealed.
IV. -Article L. 213-11 is supplemented by a paragraph worded as follows: '
' The transfer of resources equivalent to the expenditure borne by the State in respect of school attendance grants, in respect of the financing of the costs of the first establishment of transport services reserved for pupils, of the costs of transport Severely disabled pupils and students, pupils from nursery schools in rural areas and pupils from mountain areas shall be carried out under the conditions laid down in the general code of local authorities. "
V.-In the first paragraph of Article L. 213-12, after the words:" Public institutions for inter-communal cooperation, ' shall be inserted: ' Mixed unions, ".
VI. Article L. 213-15 is repealed.
VII. Article L. 213-16 is repealed.
VIII. Article L. 215-1 reads as follows:
" Art. L. 215 -1. -The competences of the territorial Community of Corsica in the field of education and vocational training are laid down in the provisions of Articles L. 4424-1 to L. 4424-5 and L. 4424-34 of the General Code of Territorial Communities, hereinafter Reproduced:
" Art. L. 4424-1. -The territorial community of Corsica shall establish and transmit to the representative of the State, after consulting the Economic, Social and Cultural Council of Corsica and taking into account the orientations laid down in the plan, the provisional scheme of the formations of the Colleges, secondary schools, vocational schools, arts education institutions, special education institutions, maritime and aquaculture training schools, agricultural education institutions Referred to in Article L. 811-8 of the Rural Code and of information and guidance
. It associates representatives designated by private educational institutions under contract to the drawing up of this
. The territorial community of Corsica shall establish, after agreement with each of the communities concerned by the projects located within their territory, the estimated programme of investments relating to the establishments referred to in the first
. In this respect, the territorial community of Corsica defines the location of the establishments, their capacity for reception and the method of accommodation for
. Each year, after consulting the Economic, Social and Cultural Council of Corsica and obtaining the opinion of the representative of the State, the territorial community of Corsica adopts the list of operations for the construction or extension of the establishments Above. This list shall be drawn up in the light of the estimated investment programme and after agreement of the settlement.
" Each year, the territorial community of Corsica adopts the general pedagogical structure of secondary education institutions taking into account the estimated scheme of training.
" To this end, after consultation with the President of the Executive Council of Corsica, the State makes known to the Assembly of Corsica the means which it proposes to award to the Academy of Corsica. The pedagogical structure becomes final when a convention on the means attributed by the State to the Academy of Corsica and their terms of use has been concluded between the representative of the State and the President of the executive council mandated To this effect.
" Art. L. 4424-2. -The territorial community of Corsica finances, builds, team and maintains colleges, secondary schools, public vocational schools, arts educational institutions, special educational institutions, As well as marine professional secondary schools, the agricultural education establishments referred to in Article L. 811-8 of the Rural Code and the information and guidance
. The territorial community of Corsica may entrust the control of works of construction, equipment and maintenance of the establishments within its competence to the departments and municipalities which request it. A convention determines the terms of this delegation.
" The State shall provide secondary schools, secondary schools, public vocational schools, special education establishments, as well as vocational secondary schools, to the agricultural educational establishments referred to in Article L. 811-8 of the Rural Code and to the Information and referral centres, financial resources directly related to their educational activities.
" Art. L. 4424-3. -Within the framework of the National Higher Education Policy, the President of the Executive Council shall present to the Assembly of Corsica the proposals for higher education and research, after the opinion of the University of Corsica
On this basis, the Assembly of Corsica establishes, in accordance with its priorities in the field of cultural, economic and social development and after consulting the Economic, Social and Cultural Council of Corsica, the map of education And the search. This map becomes final when it has been the subject of a convention between the territorial community of Corsica, the State and the University of Corsica
The territorial community of Corsica may, by deliberation of the Assembly, organise its own complementary measures of higher education and research, without prejudice to the competence of the State in the field of certification of qualifications and diplomas. To this end, it passes conventions with higher education institutions or research organisations.
" Art. L. 4424-4. -The territorial community of Corsica finances, builds, team and maintains the higher education establishments on the map provided for in Article L. 4424-3. The State shall provide these institutions with the financial means directly related to their educational and research
. Art. L. 4424-5. -On the proposal of the Executive Council, which collects the opinion of the Economic, Social and Cultural Council of Corsica, the Assembly shall determine the complementary educational activities which the territorial community of Corsica organises
The Assembly shall adopt, under the same conditions, a plan for the development of the teaching of the Corsican language and culture, the arrangements for which shall be the subject of an agreement concluded between the territorial community of Corsica and The state.
" This Convention provides for the necessary accompanying measures, in particular those relating to initial training and in-service teacher training. "
" Art. L. 4424-34. -The territorial community of Corsica ensures the implementation of the learning and continuing vocational training activities under the conditions laid down for the regions in Articles L. 214-12 to L. 214-16 of the code of education
It shall, in consultation with the State and after consulting the departments and the economic, social and cultural council of Corsica, draw up the regional plan for the development of vocational training for young people and adults, which it ensures In work.
" On the occasion of the implementation of this plan, the territorial community of Corsica signs a convention, in particular with the National Association for the Vocational Training of Adults, which it adopts the programme of training and the programme Equipment operations for Corsica. "
IX. -Before Article L. 251-1, a division shall be inserted: Single Chapter ".
X. -In the sixth paragraph of Article L. 362-1, after the words: Of the Opera ", is inserted the word:"
.
XI. -In the second paragraph of Article L. 421-14, the words: A request for a stay of execution " Are replaced by the words: " A request to suspend ".
XII. -In the second paragraph of Article L. 421-15, the words: And Article L. 236-1 of the Code of Financial Jurisdictions " Are deleted.
XIII. -Article L. 641-4, after the words: And by the higher schools of commerce ", are inserted the words: Not covered by the provisions of Article L. 753-1 ".
XIV. -In the third paragraph of Article L. 713-3, the words: 20 to 25 % " Are replaced by the words: " 20 to 50 % ".
XV. Article L. 713-7 is repealed.
XVI. -In the first paragraph of Article L. 713-8, the words: Articles L. 6142-9 and L. 6124-11 of the Public Health Code " Are replaced by the words: " In Article L. 6142-11 of the Public Health Code ".
XVII. Article L. 757-1 shall be supplemented by a paragraph worded as follows: '
' The provisions of Article L. 421-21 shall apply to pupils in the national schools of the merchant marine. "
XVIII. Article L. 821-5 is repealed.
XIX. -At the end of the first paragraph of Article L. 911-5, the words: Under which title " Are replaced by the words: " For any title ".
XX. -In the last paragraph of Article L. 911-5, after the word: Teaching ", it is inserted the word:" General ".
XXI. Article L. 942-1 is repealed.
XXII. -In the fourth paragraph of Article L. 952-6, the words: Persons who do not have the status of civil servant may be recruited and appointed Are replaced by the words: " Candidates may be recruited and appointed ".
XXIII. -In the last paragraph of Article L. 952-10, after the words: Teachers of higher education "shall be inserted in the words:", research directors of public institutions with a scientific and technological character "
-In Articles L. 971-1, L. 972-1, L. 973-1 and L. 974-1, the reference: , L. 942-1 " Is deleted.
The 83 ° of Article 7 of Order No. 2000-549 dated 15 June 2000 reads as follows:
" 83 ° The fourth paragraph of Article 1, Articles 2 to 6, 9, 10, 27, the first paragraph of Article 28, the second paragraph of Article 36, Articles 40, 43, 43-2, 44, 45, 46 to 49 of Law No. 84-610 of 16 July 1984 on the organisation and The promotion of physical and sporting activities; "
The provisions of the code of education appended to Order No. 2000-549 dated 15 June 2000 are hereby amended:
I. Section L. 212-3 is repealed.
II. Article L. 213-1 shall be supplemented by a paragraph worded as follows: '
' The provisions of Article L. 214-4 shall apply to the Department for Colleges. "
III. Article L. 214-4 reads as follows:
" Art. L. 214-4. -I.-The equipment necessary for the practice of physical and sports education should be provided for in the creation of local public education institutions, as well as in the preparation of the training forecast scheme Referred to in item L. 214-1.
" II. -Agreements have been concluded between the local public education institutions, their connecting community and the owners of sports equipment in order to enable the achievement of the school curricula of physical education and Sports.
" III. -The use of equipment shall be carried out in accordance with the provisions of Article L. 1311-7 of the General Code of Local and Regional Authorities, except in the event that free-making arrangements have been negotiated. "
IV. -In Article L. 262-1, the words: L. 212-3, " Are deleted.
V. The third paragraph (1 °) of Article L. 312-3 reads as follows:
" 1 ° In kindergartens and elementary schools, by first-degree teachers, gathered together as a teaching team. They acquire a qualification that can be dominant in physical and sports education during their initial or continuing education. However, a staff authorised and qualified by the State may assist the educational team, with its agreement and under its responsibility; "
VI. Article L. 312-4 reads as follows:
" Art. L. 312-4. -The organisation and programmes of physical and sports education in vocational education and training institutions and in specialised institutions take into account the specificities of different forms of education. Disability.
" Educators and teachers make it easier for young people with disabilities to have access to regular physical and sporting
. Specific training for different forms of disability is given to teachers and sports educators, during their initial and in-service training. "
VII. Article L. 363-1 reads as follows:
" Art. L. 363-1. -I.-No one shall teach, animate, train or supervise against remuneration any physical or sporting activity, as a primary or secondary occupation, on a regular, seasonal or occasional basis if he or she does not hold a degree With a qualification defined by the State attesting to its competence in the field of protection of practitioners and third parties. When it is included in the vocational training courses organised by the institutions referred to in Article L. 463-2, the certification of this qualification shall be carried out under the authority of their respective ministers. In all other cases, it shall be issued under the authority of the Minister responsible for sports
The diploma referred to in the first subparagraph shall be registered in the national directory of professional qualifications under the conditions laid down in Article L. 335-6.
" Where the activity is carried out in a specific environment involving compliance with specific safety measures, the diploma referred to in the first subparagraph shall be issued by the Minister responsible for sports in the course of a training coordinated by his or her Services and provided by its existing establishments for the activity under consideration.
" A decree of the Council of State determines the conditions for the application of this I. It shall also determine the conditions and procedures for the validation of the experiences acquired in the performance of a remunerated or voluntary activity with a direct report With the activity concerned and taking into account the safety requirements. It shall lay down the list of activities referred to in the preceding paragraph and shall specify for them the specific conditions and conditions for the validation of the experience acquired
The provisions of this I do not apply:
" 1 ° To the military and to officials under Titles II, III and IV of the General Staff Regulations in the exercise of the tasks provided for by their special status;
" 2 ° To persons who have acquired on 31 December 2002, in accordance with the laws in force before 10 July 2000, the right to exercise against remuneration one of the functions referred to in the first subparagraph, in the exercise of that
. II. -The diploma mentioned in the I may be a foreign diploma admitted in equivalence. "
VIII. Article L. 363-2 reads as follows:
" Art. L. 363-2. -No person shall perform the duties referred to in section 363-1, on a paid or volunteer basis, if he or she has been convicted of a crime or for any of the prescribed
: 1 ° In paragraph 2 of Section 1 of Chapter II of Title II of Book II of the Penal Code;
2. Paragraph 2 of Section 3 of Chapter II of Title II of Book II of the Code;
" 3 ° A to section 4 of Chapter II of Title II of Book II of the same code;
" 4 ° A to section 1 of Chapter III of Title II of Book II of the same code;
" 5 ° A to section 2 of Chapter V of Title II of Book II of the same code;
" 6 ° A to section 5 of Chapter VII of Title II of Book II of the same code;
7 ° To Articles L. 3421-1 and L. 3421-4 of the Public Health Code;
" 8 ° Articles L. 3633-2 to L. 3633-6 of the same code;
" 9 ° A section 1750 of the general tax
. In addition, no one can teach, animate or supervise a physical or sporting activity with minors if he has been the subject of an administrative measure prohibiting the participation, in any capacity, in the direction and supervision Institutions and bodies governed by the laws or regulations relating to the protection of minors in the centre of holiday and leisure, as well as youth groups or if they have been the subject of a measure Administrative suspension of these same functions. "
IX. Article L. 363-3 reads as follows:
" Art. L. 363-3. -The functions referred to in the first paragraph of Article L. 363-1 may be exercised in the national territory by nationals of the Member States of the European Union or of the States Parties to the Agreement on the European Economic Area which Are qualified to practice them in one of these states.
" A decree of the Council of State lays down the conditions to which this exercise is submitted where there is a substantial difference in the level between the qualification of which the persons concerned take precedence and the one required under Article L. 363-1.
" This decree specifies in particular the list of functions whose exercise, even occasional, may be subordinate, if the security of the persons requires it in the light of the specific environment and the conditions in which they are exercised, to the control Prior to the technical suitability of the applicants and their knowledge of the natural environment, safety rules and emergency arrangements. "
X. Article L. 463-1 reads as follows:
" Art. L. 463-1. -The accredited sports federations ensure the training and development of their managers. For this purpose, they may benefit from the assistance of the public training institutions referred to in Article L. 463-2.
" In the case of duties performed against remuneration, the diplomas awarded meet the conditions laid down in Articles L. 363-1 and L. 363-2.
" The diplomas concerning the exercise of an activity on a voluntary basis, within the framework of structures which do not pursue lucrative aims, can be obtained either through training or by validation of the experience acquired. "
XI. Article L. 463-2 reads as follows:
" Art. L. 463-2. -I.-Public training establishments within the Ministry responsible for sports, in particular the National Institute for Sports and Physical Education, as well as the public training institutions of other ministries, participate in the Implementation of the national development policy for physical and sports activities.
" As such, they provide initial training for people who manage, animate, coach and teach physical and sports activities and contribute to their continuing education.
" However, in the case of the territorial authorities and their public establishments, the training is carried out in accordance with Law No. 84-594 of 12 July 1984 on the training of officials of the territorial civil service and supplementing the Law No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil
. II. -The mission of the National Institute for Sports and Physical Education is to participate in the national policy for the development of physical and sports activities, particularly in the field of high performance sport. The Institute is responsible for the training and preparation of elite athletes.
" It participates in the research and dissemination of knowledge in the field of physical and sports
. For the implementation of its missions, the Institute may enter into agreements with French and foreign training institutions.
" Pursuant to Article L. 717-1, a decree of the Council of State lays down the conditions for the organisation and operation of the Institute. "
XII. Article L. 463-3 reads as follows:
" Art. L. 463-3. -The establishments in which a physical or sporting activity or activities are performed must present for each type of activity and the establishment of health and safety guarantees defined by
. No person shall exploit either directly or through a third party an establishment in which physical or sporting activities are carried out if it has been the subject of a conviction under Article L. 363-2. "
XIII. Article L. 463-4 reads as follows:
" Art. L. 463-4. -A decree of the Council of State lays down the conditions under which persons exercising remuneration for the activities referred to in Article L. 363-1 and those in charge of establishments where one or more of these activities are carried out Declare their activity to the administrative authority. "
XIV. -Article L. 463-5 is thus amended:
1 ° After the first subparagraph, a paragraph shall be inserted as
: The administrative authority may also order the temporary or permanent closure of an establishment employing a person who teaches, animates or supervises one or more physical or sporting activities referred to in Article L. 363-1 Without the required qualifications." ;
2 ° In the second paragraph, the word " Individuals " Is deleted;
3 ° This paragraph is added as follows:
" In addition, the administrative authority may decide to withdraw the authorisation of a sports association if it employs people who do not fulfil the obligations of Articles L. 363-1 and L. 363-2 or if it disregards the obligations of the article L. 463-3. "
XV. -Article L. 463-6 is thus amended:
1 ° In the first sentence of the first subparagraph, the words: And take the relevant titles " Deleted;
2 ° The second sentence of the first paragraph reads as follows:
" The Minister responsible for sports may, in the same form, direct any person who is in breach of the provisions of Article L. 363-1 to cease his activity within a specified period of time. ' ;
3 ° In the last sentence of the second paragraph, the words: " Three months " Are replaced by the words: " Six months ".
XVI. Article L. 463-7 reads as follows:
" Art. L. 463-7. -Is punishable by one year's imprisonment and a fine of 15 000 EUR for any person:
" 1 ° To exercise against remuneration one of the functions of teacher, instructor, educator, coach or facilitator of a physical or sporting activity or to make use of such titles or any other similar title without having the required qualification To the I of Article L. 363-1 or in disregard of Article L. 363-2 or to carry out its activity in breach of Article L. 363-3 without having satisfied the tests to which the administrative authority submitted it;
' 2 ° To employ a person performing the duties referred to in Article L. 363-1 without having the required qualification or employing a national of a Member State of the European Union or of a State Party to the Agreement on the Economic Area In breach of Article L. 363-3 without having satisfied the tests to which the administrative authority has submitted it;
" 3 ° To exercise against remuneration one of the functions referred to in Article L. 363-1 or to operate an establishment where one or more of these activities is performed without having made the declaration provided for in Article L. 463-4;
" 4 ° To maintain in operation an establishment where one or more physical or sporting activities are carried out in disregard of a measure taken pursuant to Article L. 463-5;
" 5 ° To teach, animate or supervise a physical or sporting activity in disregard of a measure taken pursuant to Article L. 463-6. "
XVII. -The second sentence of Article L. 552-3 and, in the last sentence, the words: And those of the Confederation " Deleted.
In Article L. 552-4, the words: " , school sports federations and the Confederation of school sport " Are replaced by the words: " And school sports federations ".
XVIII. Article L. 624-2 reads as follows:
" Art. L. 624-2. -The organisation and programmes of physical and sports education in higher education institutions take into account the specificities of different forms of disability
Educators and teachers make it easier for young people with disabilities to have access to regular physical and sporting
. Specific training for different forms of disability is given to teachers and sports educators, during their initial and in-service training. "
XIX. -Article L. 841-1 is supplemented by a sentence so worded:
" They may also, by convention with university sports associations, sports federations or local authorities or their groups, authorise access to their sports facilities. "
Articles 3 and 4 of this Law shall apply to Mayotte.
In Articles L. 681-1, L. 683-1 and L. 684-1 of the code of education annexed to Order No. 2000-549 dated 15 June 2000, after the reference: L. 611-2 ", insert references:" L. 611-3, L. 611-4, ".
The rule laid down in Article 20a of Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State does not apply to boards which have been partly constituted before The entry into force of the decree referred to in the second paragraph of that Article.
This Act shall be enforced as the law of the State.
Done at Paris, 14 April 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
The Minister of Youth,
of National Education and Search,
Luc Ferry
The Public Service Minister,
of the
and Spatial Planning,
Jean-Paul Delevoye
The Minister of Sport,
Jean-François Lamour
Associate Minister
with school education,
Xavier Darcos
(1) Preparatory work: Act No. 2003-339.
Senate:
Bill 470 (1999-2000);
Report by Philippe Richert, on behalf of the Committee on Cultural Affairs, No. 140 (2002-2003);
Discussion and adoption on 28 January 2003.
National Assembly:
Bill, adopted by the Senate, No. 570 rectified ;
Report by Mr Lionnel Luca, on behalf of the Committee on Cultural Affairs, No. 704;
Discussion and adoption (simplified examination procedure) on 2 April 2003.
