Key Benefits:
The Prime Minister,
On the report of the Minister of National Education, Higher education and research,
Given the code of education;
Given the Penal Code;
In view of Order No. 2000-549 of 15 June 2000 on the Legislative part of the Code of Education and Act No. 2003-339 of 14 April 2003 Ratification of This order;
In view of the opinion of the Standing Committee of the Wallis and Futuna Islands Territorial Assembly of 10 December 2003;
In view of the opinion of the Government of New Caledonia as of 18 December 2003;
Having regard to the General Council of the Departmental Community of Mayotte dated 3 December 2003;
In view of the reference to the President of the Government of French Polynesia on 14 November 2003;
In view of the opinion of the Higher Commission for Codification en Date of 26 November 2002;
The Council of State (Interior Section) heard,
Clipping:
The Annex to this Decree consolidates the regulatory provisions of the Ier and II books of the Education Code, with the exception of those of a Deliberate decree in Council of Ministers. The items identified by a " R " Correspond to the provisions of a decree in the Council of State, those identified by a " D " Correspond to the provisions of a decree.
References in provisions of a regulatory nature to provisions Repealed by Article 6 of this Decree shall be replaced by references to the corresponding provisions of the Education Code.
Provisions which cite, by reproducing them or not, articles of the General Code of Territorial Communities, the Penal Code, the Rural Code, the Labour Code and the Code of Town Planning are fully amended by the effect of the amendments Subsequent to these items.
The articles of the education code whose number is preceded by the letter " D " May be modified by Order in Council.
The Criminal Code is amended as follows:
In the first paragraph of Article R. 624-7, the words: " In Article 5-2 of Decree No. 66-104 of 18 February 1966 on the control of attendance and attendance at school " Are replaced by the words: " In Article R. 131-19 of the Education Code ".
Repealed:
1 ° Decree of 26 June 1880 on academic advice;
2 ° Articles 12, 13, 14, 130, 140 to 145 and the twelfth preambular paragraph of Article 158 of the Decree of 18 January 1887 on the implementation of the Organic Law of Education Primary;
3 ° Article 3 of the Decree of 25 October 1894 on the composition of the housing of teachers;
4 ° The decree of 24 February 1909 on the raising of disciplinary sentences by the university courts;
5 ° Decree No. 47-1287 of 27 June 1947 on the transformation of the jobs of heads of The service of the public education in employment of an academy inspector with the rank of vice-rector in each of the departments of Guadeloupe, Martinique and Reunion and in charge of the functions of an academy inspector with a rank and title of Vice-Rector, in French Guiana, the principal of the Collège de Cayenne;
6 ° The decree of 2 May 1951 establishing a National Commission for Education, Science and Culture (UNESCO);
7 ° Articles 40, 41, 47 to 50 and 58 of the Decree No. 59-57 of 6 January 1959 on the reform of public education;
8 ° Decree No. 59-1088 of 18 September 1959 concerning the control of the financial transactions of the caisses of public schools;
9 ° Decree No. 60-977 of 12 September 1960 on the caisses of schools;
10 ° Decree No. 62-35 of 16 January 1962 Delegating authority to academy rectors;
11 ° Decree No. 66-104 of 18 February 1966 on attendance and attendance control;
12 ° Decree No. 71-20 of 6 January 1971 authorizing the delegation of powers to prefects and academy rectors in the field of craft learning and vocational courses;
13 ° Decree No. 71-147 of 24 February 1971 establishing a conference of university presidents;
14 ° Article 14 of Decree No. 71-376 of 13 May 1971 concerning the registration of students in universities and public institutions of a scientific and cultural nature independent of the universities;
15 ° Decree No. 72-75 of 27 January 1972 Naming academies;
16 ° Decree No. 72-1080 of 6 December 1972 on the powers, composition and operation of the permanent groups and committees for vocational training, social promotion and employment of the overseas departments;
17 ° Decree No. 76-93 of 15 January 1976 Creating a general assembly of officials of institutions and public schools issuing the engineering diploma;
18 ° Decree No. 77-864 of 22 July 1977 laying down the conditions for the application of Article 8 of Act No. 75-534 of 30 June 1975 Guidance for persons with disabilities;
19 ° Decree No. 78-514 of the 31 March 1978 relating to the duties of the Head of the Education Department in Saint-Pierre-et-Miquelon;
20 ° Decree No. 80-11 of 3 January 1980 on the general organisation and deconcentration of the school board;
21 ° Le Decree No. 82-245 of 15 March 1982 establishing the Interacademic Service of the Examination and Competition of the Academies of Créteil, Paris, Versailles and defining the powers of its director;
22 ° Decree No. 83-367 of 2 May 1983 concerning Housing allowance payable to teachers;
23 ° Decree No. 83-838 of 22 September 1983 amending Decree No. 60-977 of 12 September 1960 on the caisses of schools;
24 ° Decree No. 83-860 of 27 September 1983 on the coordinating committee for regional apprenticeship and training programmes Established by Article 84 of Act No. 83-8 of 7 January 1983 on the distribution of powers between municipalities, departments, regions and the State;
25 ° Decree No. 84-322 of 3 May 1984 concerning Conventions between school transport operators and transport undertakings;
26 ° Decree No. 84-324 of 3 May 1984, taken pursuant to Article 29 of Act No. 83-663 of 22 July 1983 concerning the procedures for arbitration by the State representative in the Department for the determination of the financing conditions of the School transport;
27 ° Decree No. 84-465 of 15 June 1984 on the definition of suitable housing for teachers by municipalities;
28 ° Decree No. 84-478 of 19 June 1984 laying down the conditions for the application of Article 29 of the Act No. 83-663 of 22 July 1983 on the transport of pupils and students seriously Disabled;
29 ° Decree No. 84-998 of 13 November 1984 establishing the Academy of Reunion;
30 ° Decree No. 85-269 of 25 February 1985 establishing the list of educational expenses to be borne by the State taken pursuant to the article 14 of Law No. 83-663 of 22 July 1983;
31 ° Decree No. 85-349 of 20 March 1985, adopted for the purposes of Article 14-VI of Act No. 83-663 of 22 July 1983 and establishing the list of establishments to be charged by the State;
32 ° Le Decree No. 85-887 of 12 August 1985 for the implementation of paragraphs VII bis and VII ter of Article 14 of Law No. 83-663 of 22 July 1983;
33 ° Decree No. 85-895 of 21 August 1985 on the advice of national education in departments and academies;
34 ° Decree No. 85-1024 of 23 September 1985 concerning the Participation of municipalities in the operating and investment expenditure of public colleges;
35 ° Decree No. 85-1124 of 21 October 1985 on the international cooperation of public institutions of higher education Ministry of National Education;
36 ° Decree No. 85-1264 of 28 November 1985 Relating to the advice of national education in the regions and overseas departments;
37 ° Decree No. 86-42 of 10 January 1986 on departmental delegates of national education;
38 ° Decree No. 86-298 of 27 February 1986 Concerning the approval of the Rules of Procedure of the Local Joint Administrative Boards and the Departmental Joint Technical Committees of the Ministry of National Education;
39 ° Decree No. 86-299 of 27 February 1986 concerning the Appointment of staff representatives to certain committees Ministry of National Education forwarders;
40 ° Decree No. 86-425 of 12 March 1986 taken pursuant to the fifth paragraph of Article 23 of Law No. 83-663 of 22 July 1983, as amended;
41 ° Decree No. 86-486 of 14 March 1986 taken for the purposes of Act No. 85-583 of 10 June 1985 on the establishment of public education institutions;
42 ° Articles 1, 2, 3 and 4 of Decree No. 86-642 of 19 March 1986, taken for the purposes of Law No. 85-1469 of 31 December 1985 on the composition and functions of the national education councils Sitting in contentious and disciplinary training and amending Acts Nos. 46-1084 of 18 May 1946 and No. 64-1325 of 26 December 1964 relating to the Higher Council of National Education;
43 ° Article 1 of Decree No 86-970 of 19 August 1986 Relating to the statutory provisions applicable to the employment of the Secretary-General of the Academy;
44 ° Article 4 of Decree No. 87-130 of 26 February 1987 on the accounting of communal and intercommunal social action centres and caisses populaires Schools;
45 ° C of Article 2 of Decree No 87-242 of 7 April 1987 concerning the Definition and conditions of execution of private non-urban road transport services;
46 ° Decree No. 87-787 of 23 September 1987 on the deconcentration of certain disputes concerning national education;
47 ° Decree No. 88-501 of 3 May 1988 on the composition and functioning of the special commission on apprenticeship tax provided for in Article 2 of the Act of 16 July 1971 on the participation of employers in the financing of the first Technological and vocational training and Article 227 of the General Code of the Taxes;
48 ° Decree No. 89-1 of 2 January 1989 on the National Council of Higher Education and Research;
49 ° Decree No. 89-778 of 23 October 1989 establishing a Higher Council of Libraries;
50 ° Decree No. 90-468 of 7 June 1990 concerning the Higher Education Council;
51 ° I, the first (part), second and third paragraphs of Article 2 of Decree No. 90-675 of 18 July 1990 on the special status of inspectors Regional educational inspectors and national education inspectors;
52 ° Article 1 of Decree No. 90-676 of 18 July 1990 on the employment status of the academy inspectors, the directors of the departmental services of national education and of the assistant academy inspectors;
53 ° The decree of 3 September 1990 Changing the name of the general meeting of heads of establishments and public schools issuing the diploma of engineer;
54 ° Article 2 of Decree No. 90-788 of 6 September 1990 on the organisation and operation of the Nursery and elementary schools;
55 ° Article 1, articles 3 and 4 with regard to the primary education expenses of Decree No. 90-801 of 6 September 1990 for the application of article 34 of Act No. 88-1028 of 9 November 1988 on statutory and preparatory measures for self-determination Of New Caledonia and on the compensatory allowance in respect of primary education and free medical assistance;
56 ° Decree No. 90-1011 of 14 November 1990 on the National Council for Higher Education and the Research in disciplinary matters;
57 ° Decree No. 91-108 of 25 January 1991 concerning the Ile-de-France Inter-Academic Council and the Council of National Education in the Paris Department;
58 ° Decree No. 91-729 of 23 July 1991 establishing the list of public education institutions of music, Of the dance and the dramatic art whose responsibility and the burden rest entirely on the State;
59 ° The fifth paragraph of Article 3 and the second paragraph of Article 23 of Decree No 92-26 of 9 January 1992 on the special status of the The body of the curators of the libraries and the body of the general curators Libraries;
60 ° Decree No. 93-51 of 14 January 1993 implementing Act No. 92-675 of 12 July 1992 on apprenticeship and supplementing article 84 of Law No. 83-8 of 7 January 1983 on the distribution of powers Between the municipalities, departments, regions and the state;
61 ° Decree No. 93-432 of 24 March 1993 on the mission of continuing adult education in the public service of education;
62 ° Decree No. 95-591 of 6 May 1995 on The National Observatory for School and Higher Education Safety;
63 ° Decree No. 96-413 of 13 May 1996 on the caisses of schools in the communes of New Caledonia
64 ° Decree No. 96-1147 of 26 December 1996 establishing the academies of Martinique, Guadeloupe and French Guiana
65 ° Decree No. 97-505 of 21 May 1997 establishing the Advisory Committee on Vocational Education;
66 ° Decree No. 97-533 of 23 May 1997 on the Graduate Institute of National Education;
67 ° Article 10 of Decree No. 97-1190 of December 24, 1997, for application to the Minister of National Education, of Research and technology of 2 ° of Article 2 of Decree No. 97-34 of 15 January 1997 on the deconcentration of individual administrative decisions;
68 ° Decree No. 98-1082 of 1 December 1998 establishing ombudsmen to National education;
69 ° Decree No. 99-224 of 23 March 1999 on the content of the required knowledge of children with education in the family or in private educational institutions outside the contract;
70 ° Decree No. 99-820 of 16 September 1999 with various provisions relating to the higher education system In the Pacific;
71 ° Decree No. 99-941 of 12 November 1999 on the organisation of vice-rectorships in New Caledonia, in French Polynesia, in the Wallis and Futuna Islands and in Mayotte;
72 ° Decree No. 2000-216 of 6 March 2000 Establishing a Higher Education-Economy-Employment Committee;
73 ° Decree No. 2000-578 of 22 June 2000 for the application of Article 181 of Organic Law No. 99-209 of 19 March 1999 on New Caledonia and on staffing General construction and equipment of the colleges;
74 ° Decree No. 2000-764 of the 1 August 2000 on the conditions under which public institutions of higher education may compromise and resort to arbitration;
75 ° Article 1 in respect of public institutions of higher education and University hospitals, Articles 2 to 6 of Decree No. 2000-893 of 13 September 2000 on the conditions under which public institutions of a scientific and technological nature and public educational institutions Higher can provide means of operation to companies Or to natural persons;
76 ° Decree No. 2000-1060 of 27 October 2000 on the establishment of the High Council for the Evaluation of the School;
77 ° Decree No. 2001-711 of 27 July 2001 on the control by the general inspection of The administration of national education and the search for the accounts of bodies using public generosity;
78 ° Decree n ° 2002-482 of 8 April 2002 applying to the French system of higher education of the Construction of the European Higher Education Area;
79 ° Decree No. 2004-162 of the 19 February 2004 amending Decree No. 66-104 of 18 February 1966 on the supervision of attendance and attendance at school and the penalties in respect of the payment of family benefits and in criminal matters Breaches of school and penal codes.
The repeal resulting from the 14 ° of Article 8 of the order of 15 June 2000 is effective from the entry into force of this Decree.
The provisions of this Decree shall apply in the Wallis and Futuna Islands, Mayotte, French Polynesia and New Caledonia.
The Minister of National Education, Higher Education and Research and the Minister for Overseas Affairs shall each have responsibility for the execution of this Order, which shall be published in the Official Journal of the French Republic.
A N N E X E
AT ORDER N ° 2004-703 OF 13 JULY 2004 ON REGULATORY PROVISIONS Ier AND II OF THE EDUCATION CODE
(Orders in Council and Decrees)
BOOK
GENERAL PRINCIPLES OF EDUCATION
TITLE I
THE RIGHT TO EDUCATION
Chapter I
General
This chapter does not include Regulations.
Chapter II
Special provisions
for children and adolescents with disabilities
This chapter does not include any regulatory provisions.
Chapter III
Special Terms
to preschool children
D. 113-1
Children who have reached the age of two on the day of the school year can be admitted to schools and kindergartens within the limit of available places. They attend school until the start of the calendar year in which they reach the age of six, the age of compulsory education.
Children under the age of three are given priority in schools and classes. Kindergartens in a disadvantaged social environment, whether in urban, rural or mountain areas, and especially in priority education areas.
In the absence of a school or kindergarten class, five-year-old children Parents request enrolment in elementary school in an elementary school To enable them to enter into the cycle of fundamental learning provided for in Article 3 of Decree No. 90-788 of 6 September 1990 on the organisation and operation of nursery and elementary schools.
TITLE II
PUBLIC SERVICE OBJECTIVES AND MISSIONS
Chapter I
General Terms and Conditions
This chapter does not include regulations.
Chapter II
Education Objectives and Missions School
Section 1
Initial Training Mission
This section does not include any regulatory provisions.
Section 2
Adult Continuing Education Mission
D. 122-1
The public service of education has, in accordance with Article L. 122-5, an ongoing training mission for adults.
In this context, it contributes to economic, social and cultural development at local, regional and national levels. It responds to the collective needs of the country, in particular enterprises, by promoting the raising of the level of qualification of the population and its capacity to adapt to economic and social change. It contributes to the satisfaction of individual needs by enabling everyone to develop their skills and by facilitating career and social promotion. Through training, it contributes to the fight against inequalities and the risks of social and economic
. 122-2
The mission of continuing adult education is carried out within the general framework laid down in the Labour Code, in particular its book IX on continuing vocational training in the framework of vocational training throughout the Life.
D. 122-3
The public education service bases its interventions in the field of continuing adult education on the following principles:
a) It is designed in a way that responds to the diversity of adult education needs and Young people engaged in or committed to active living;
b) It follows ethical rules with regard to prescribers and beneficiaries, in particular: Neutrality, permanency of service, research for dialogue, transparency;
(c) It develops, in particular with public institutions of higher education and other public training services, possible partnership actions To assist in the implementation of joint projects in accordance with its objectives and constraints;
d) It defines its quality commitments to prescribers, beneficiaries and partners in the form of a national charter;
e) It participates in the development and permanent adaptation of the Training and teaching methods.
D. 122-4
In the exercise of its mission of continuing adult education, the public service of education contributes to giving each individual the opportunity, at the end of the initial training, to resume later or continue his
It assists in the development of personal and professional projects. It designs and implements training adapted in their content and methods. It offers the possibility of obtaining a diploma or title of technological education through training, by validating acquired experience under the conditions laid down in Articles L. 335-5, L. 335-6, L. 613-3 to L. 613-6.
D. 122-5
The provision of continuing adult education by the public education service responds to the demand of public and private training prescribers and the needs of individuals.
As part of this mission, public service Education develops, in addition to training activities, consultancy and engineering activities and skills assessment activities and validation of experience.
D. 122-6
The mission of continuing adult education is taken into account in the definition of training and qualification objectives, the design of diplomas and methods of validation and the organisation of cooperation between the system Education and the professional world.
It is also taken into account in the development and implementation of academic policies with regard to national education, policies at the regional level with regard to education Farm and settlement projects.
Section 3
Cultural Education Mission
D. 122-7
Cultural education aims to increase the general knowledge acquired during compulsory education and to increase access to all sources of culture and to all means of personal development.
Cultural education is ensured:
a) Either in specialised centres, managed or recognised by the State;
b) Either in the various educational institutions;
c) Either by private works, whose creation and operation benefit, by reason of the objective Continued, from state aid.
Chapter III
Higher Education Objectives and Missions
Section 1
Adult Continuing Education Mission
D. 123-1
Sections D. 122-1 to D. 122-6 apply to the public service of higher education.
Section 2
Missions to Value the Results of Scientific and Technical Research As well as culture and scientific and technical information
Subsection 1
Service Delivery
D. 123-2
For the purpose of enhancing the results of research in their fields of activity, public institutions of higher education and university hospitals, as well as the subsidiaries of such institutions or companies Or groups to which they participate when their statutes allow them to provide services to entrepreneurs or to young companies.
These services have the following forms:
a) Provision of premises, equipment and equipment;
b) Support or conduct of development studies, technical, industrial, commercial, legal and financial feasibility studies;
c) And any other The provision of services necessary for the creation and development of the
. 123-3
The beneficiaries of these benefits are natural persons creating a business or small businesses that have been created for less than two years. Enterprises which employ less than 50 employees, whose annual turnover does not exceed EUR 7 million or the total annual balance sheet shall not exceed EUR 5 million and whose level of detention is considered to be small enterprises shall be regarded as small enterprises. Capital or voting rights by companies that do not satisfy these conditions is less than 25 %.
This 25 % threshold may be exceeded if the capital of the business is held by venture capital companies, mutual funds Risks, regional development companies and public companies Participation, provided that they do not exercise individually or jointly any control over the enterprise.
These conditions are appreciated at the time of signature of the agreement referred to in Article D. 123-5.
D. 123-4
To benefit from these services, enterprises must also have an innovative character, value research and have the potential for growth and job
. 123-5
Services are provided for a period of not more than six years, which includes the period prior to the establishment of the business. These benefits give rise to a convention of up to three years and, on an exceptional basis, renewable once between the creator or the beneficiary undertaking and the provider (s). The agreement defines the nature and amount of the benefits.
It also sets out the terms and conditions of remuneration of the provider and, where applicable, its participation in the capital of the undertaking. The signing of the Convention is subject to the regularity of the situation of the beneficiaries with regard to their tax and social
. 123-6
The scientific council of the public institution shall be kept regularly informed of the conventions signed under Articles D. 123-2 to D. 123-7
123-7
The maximum amount of services may not exceed 100 000 euros out of taxes over a period of three years per business. This amount is calculated after deduction of the remuneration of the claimant organization and, where applicable, its interest in the capital of the business. The provision of services, when taking the form of a provision of premises or equipment, is recorded under this ceiling for their annual depreciation values. Other benefits are recorded at cost.
Subsection 2
Recruitment of Non-Incumbent Agents
R. 123-8
In accordance with the provisions of the last paragraph of Article L. 123-5, the conditions under which non-incumbent agents may be recruited by public contracts of fixed or indeterminate duration shall be fixed by Decree No. 2002-1347 of 7 November 2002 laying down general provisions applicable to non-incumbent agents recruited in the industrial and commercial activities of public institutions of higher education.
Subsection 3
Transactions and Arbitration Conventions
D. 123-9
Public institutions of a scientific, cultural and vocational nature and public administrative institutions of higher education under the responsibility of the Minister responsible for higher education shall be entitled to The conditions laid down in Articles 2044 to 2058 of the Civil Code, with a view to bringing an end to the disputes between them and other natural or legal persons.
The transactions shall be concluded by the President or the Director and submitted to The approval of the Board of Directors of the institution or The
of Directors, or the Board of Directors, may delegate to the President or the Director of the establishment a portion of his or her transaction-related authority for disputes of any kind.
The President Or the Director shall report to the Board of Directors, or to the Board, at its next meeting, the decisions it has taken under that delegation of authority.
D. 123-10
The institutions referred to in D. 123-9 are authorized to enter into arbitration agreements for the settlement of disputes arising out of the performance of contracts with foreign agencies in the course of their missions.
These agreements are subject to the approval of the Board of Directors of the institution or body, taking place.
D. 123-11
The transactions and arbitration agreements concluded by the public administrative institutions of higher education mentioned in Article D. 123-9, when their status provides for a priori financial control, are subject to the visa Prior to the financial controller.
Section 3
Construction of the European Higher Education Area
D. 123-12
In order to ensure, in accordance with the objectives and tasks set out in Articles L. 123-1 to L. 123-9 and in the context of the European Higher Education Area, the transition between the regulatory framework Articles D. 123-13 and D. 123-14 as well as Articles 4 to 10 of Decree No. 2002-482 of 8 April 2002 applying to the French education system Higher than the construction of the European Higher Education Area To enable institutions to innovate through the organization of new training.
D. 123-13
The national application for higher education and national diplomas in the construction of the European Higher Education Area is characterised by:
a) An architecture of studies based mainly on the three grades of License, master and doctorate;
b) An organisation of training courses in semesters and teaching units;
c) Implementation of the European system of credits and transferable teaching units, says " European ECTS credit system " ;
d) Issuance of an annex describing the knowledge and skills acquired " Diploma supplement " To ensure the legibility of diplomas in the context of international
. 123-14
For the implementation of Article D. 123-13, the objectives of the national policy are:
a) Organize the training offer in the form of standard training courses preparing for all national degrees;
b) Integrate, where necessary, multidisciplinary approaches and facilitate the improvement of the Educational quality, information, guidance and support of the student;
c) To develop the professionalisation of higher education, to meet the needs of continuing education and to promote validation of the Acquired experience, in relation to economic and social environments;
d) Encourage mobility, increase the attractiveness of French training abroad and allow for the taking into account and validation of training periods, especially abroad;
e) Integrate skills training Cross-cutting issues such as foreign language proficiency and computer tools;
f) To facilitate the creation of lessons by means of information and communication technologies and the Development of distance education.
Section 4
International Cooperation Mission
Subsection 1
International Cooperation of Institutions
D. 123-15
The manner in which public institutions of higher education under the Ministry of National Education organise, within the framework of their autonomy, and in accordance with the rules governing relations Of cooperation with foreign or international institutions are set out in Articles D. 123-16 to D. 123-21.
D. 123-16
Cooperation measures may be of interest to all sectors of the activity of the institutions referred to in Article D. 123-15, including the conclusion of exchange agreements for students, teacher-researchers, Teachers and researchers, and relating to training, pedagogical engineering, joint research and publication of their results, dissemination, exchange or joint production of scientific information documents, and The organization of international conferences and congresses
123-17
The obligations accepted by the institutions referred to in Article D. 123-15 as part of their international cooperation activities shall be binding only on the Contracting Parties, in particular in the financial
. 123-18
Cooperation actions may, however, be subject to specific allocations from interested administrations, in particular the Ministry of National Education and the Ministry of Foreign
. May also submit cooperation projects to these authorities in the form of multi-year agreements established for a period not exceeding five years
123-19
Any institution intending to contract with a foreign or international institution, whether academic or not, shall communicate the draft agreement to the Minister responsible for higher education, who shall refer the matter to the Minister for Higher Education
The draft agreement is the subject of a joint review by the Minister of Higher Education and the Minister for Foreign Affairs.
If, upon the expiration of three months from the receipt of the project, the Minister In charge of higher education has not notified a total opposition Or part of any Minister, the proposed agreement may be concluded.
This agreement is for a period of five years, renewable. In case of renewal, it is again submitted to the communication procedure.
D. 123-20
Cooperation shall take place under the responsibility of the chairpersons or directors of the institutions concerned, who shall ensure its implementation, subject to the regulations relating to relations between persons French and foreign physical or legal entities, in particular those relating to the protection of scientific and technical
. 123-21
When an international commitment by France involves the intervention of institutions referred to in Article D. 123-15, it shall belong to the Minister responsible for higher education, at the request of the Minister for Foreign Affairs, Review the terms and conditions of this intervention with interested institutions.
Subsection 2
International Student Home
D. 123-22
The reception of foreign students is the responsibility of the Minister for Education, in liaison with the Ministers responsible for Foreign Affairs and Cooperation, as well as the public institutions of a scientific, cultural and cultural nature. This
, which is an element of university policy, must aim in particular to ensure the coherence between the training of foreign students in France and the Development of university centres in developing countries.
TITLE III
OBLIGATION AND SCHOOL GRATUITY
Chapter I
School Obligation
Section 1
School Obligation Control
Subsection 1
Registration Control
R. 131-1
In order to ensure that children subject to compulsory education respect the right to education, the procedures for monitoring the obligation, attendance and attendance at school are defined by Articles R. 131-2 to R. 131-9, R. 131-17 and R. 131-18 in accordance with Article L. 131-12. The control of school attendance is based on a dialogue between the persons responsible for the child and those responsible for this control
131-2
The principal of the school or the head of the school in which a child has been registered shall, within the meaning of Article L. 131-4, issue a certificate of registration to the persons responsible for the
. Declared to the mayor and the academy inspector or his delegate that they will give the instruction to the family, the academy inspector or his delegate acknowledges receipt of their statement.
R. 131-3
year, at the beginning of the school year, the mayor lists all the children who live in his or her commune and who are subject to compulsory education. The names, names, dates and place of birth of the child are listed on the list, the name, first name, home, occupation of the persons responsible.
The school list is updated on the first of every month. In order to facilitate the establishment and updating, the directors of schools or heads of schools, whether public or private, must declare to the mayor, within eight days after the beginning of the school year, the children attending their schools. Establishment. The status of the transfers will be provided to the town hall at the end of each month. Municipal councillors, departmental delegates of national education, social service assistants, members of education, enforcement officers, academy inspector, director of departmental education departments Or his or her delegate have the right to read and copy, to the town hall, the list of school-age children. Omissions are reported to the Mayor, who
receipt. 131-4
The mayor shall promptly inform the inspector of the academy, director of the departmental services of national education, of the breach of the obligation to register in a school or an educational or educational institution Article L. 131-5 for children subject to compulsory education.
Also entitled to report such breaches to the inspector of the academy shall be the persons mentioned in the second paragraph of the article R. 131-3.
Subsection 2
Control Of attendance
R. 131-5
An appeal register shall be kept, in each school and public or private school establishment, on which the absence of registered pupils is mentioned for each class. Any staff responsible for an activity organised during the school period shall report the missing pupils, in accordance with the rules laid down in the rules of procedure of the school or establishment
Persons responsible for the child who shall, without delay, inform the principal of the school or the head of the school, in accordance with Article L. 131-8.
In the event of a foreseeable absence, the persons responsible for the child shall Inform the principal of the school or the head of the school, and Specify the reason. If there is serious doubt as to the legitimacy of the reason, the principal of the school or the head of the institution shall invite the persons responsible for the child to submit an application for leave of absence to be sent to the academy inspector, director Departmental national education services.
R. 131-6
Absences of a pupil, with their duration and reasons, are mentioned in a file, open for the only school year, which groups all the information and documents relating to such absences.
In the case of repeated absences of one A pupil, whether justified or not, the principal of the school or the head of the school shall engage with the persons responsible for the child in a dialogue about his or her situation
131-7
In the cases provided for in the 1 ° and 2 ° of Article L. 131-8 of the Code of Education, the inspector of the academy, director of the departmental services of national education, entered the pupil's file by the principal of the school or the head of the The school, address to those responsible for a warning, and remind them of their legal obligations and the criminal sanctions to which they are exposed. It may conduct a social inquiry.
The persons responsible for the child shall be called for an interview with the inspector of the academy, the director of the departmental services of national education or his representative. The latter may propose measures of an educational or educational nature for the pupil and support modules for parental responsibility.
The content and details of such assistance to parents shall be defined by a departmental body Which is chaired by the Prefect and which also includes representatives of the State, the educational community, family allowance funds and family associations. Its composition and operating procedures shall be specified by the prefectural decree.
If the child's absenteeism continues, despite the warning provided for in the first subparagraph and any measures taken under the Second paragraph, the inspector of the academy, the director of the departmental services of national education, shall refer the case to the prosecutor of the Republic of the facts likely to constitute the offence provided for in Article R. 624-7 of the Criminal Code. He informs the persons responsible for the child of this referral.
R. 131-8
For the purpose of applying the first paragraph of Article R. 131-7 to pupils under the first paragraph of Article R. 131-7, the reference to the inspector of the academy shall be made through the intermediary, for the metropolis, of the Regional Director of Agriculture and The forest and, for the overseas departments, the Director of Agriculture and Forestry. For the application of the provisions of the second paragraph of Article R. 131-7 to the same pupils, the responsible persons shall be convened by the Regional Director of Agriculture and Forestry for the metropolis and by the Director of Agriculture and Of the forest for the overseas departments. They may propose educational or educational measures for the student and support modules for parental
. 131-9
When a school-aged child is found by an officer of the public authority on the street or in a performance room or in a public place, without any legitimate reason, during school hours, he or she shall be taken immediately to school or The school to which it is registered or, if the declaration prescribed in Article L. 131-5 has not been made, to the nearest public school. The principal of the school or the head of the school shall, without delay, inform the academy inspector or his delegate
131-10
Family benefits agencies or services may, when they are aware of known breaches of the school obligation, initiate an investigation of the academic administration.
Subsection 3
Monitoring the content of the required knowledge of educated children in the family or in non-contracted private educational institutions
D. 131-11
The content of the required knowledge of children under the obligation of education in their families or in the classes of non-contract private educational institutions relates to the basic instruments Knowledge, basic knowledge, elements of general culture, personality development and exercise of citizenship.
D. 131-12
The child must acquire:
a) Control of the French language, including oral expression, independent reading of various texts, writing and writing in diverse fields and genres, as well as knowledge of grammatical and lexical tools Indispensable for its proper use;
b) Mastery of the main elements of mathematics, including the knowledge of numeration and geometrical objects, the mastery of operating techniques and mental arithmetic, as well as the development The ability to deduct, abstract, reason, prove;
c) The Practice of at least one foreign living language.
D. 131-13
The child must acquire:
a) A general culture consisting of elements of a literary culture based on the use of accessible literary texts;
b) Historical and spatial landmarks through the history and geography of France, of Europe and the world up to and including the contemporary era;
c) Elements of a science and technology culture related to life sciences and matter;
d) Elements of an artistic culture based in particular on Art awareness;
e) A physical and sports culture.
D. 131-14
To gain access to knowledge of the world in its diversity and its evolution, the child must develop capacities to:
a) Formulate questions;
b) Propose reasoned solutions based on observations, measurements, data linking and document exploitation;
c) Design, manufacture and transform, based on a reasoned progression ;
d) To invite, perform, produce works;
e) Gradually mastering information and communication techniques;
f) Leverage, use resources and manage its efforts, control the risks taken.
D. 131-15
The child must acquire the principles, concepts and knowledge required for the exercise of citizenship, in accordance with the human rights defined in the Preamble to the Constitution of the French Republic, the Declaration And the International Convention on the Rights of the Child, which involves the formation of judgment through the exercise of the critical spirit and the practice of
. 131-16
The progression, to the extent compatible with the child's age and state of health and subject to the accommodation justified by the educational choices made, must be designed to bring it to the end of the period Compulsory education, at a comparable level in each of the fields listed in Articles D. 131-12 to D. 131-15 to that of pupils attending public or private institutions under contract.
Section 2
Sanctions for breaches of school obligation
Subsection 1
Disciplinary Sanctions
R. 131-17
Every teaching staff or director of a private educational institution who, despite a written warning from the inspector of the academy or his or her delegate, has not complied with the provisions of R. 131-2 to R. 131-9 is The diligence of the inspector of the academy, who is referred to the Academic Board of National Education, who may:
a) Blaming with or without advertising;
b) In the case of a repeat offence in the school year, the prohibition on the practice of the profession is either temporarily or permanently.
Subsection 2
Criminal Sanctions
R 131-18
The fact, by the parents of a child or any person exercising parental authority or a de facto authority, of not declaring in the town hall that he or she will be educated in his or her family or in a private institution other than Contract is subject to the fine for the fifth class tickets.
R. 131-19
The offence provided for in Section IV of Chapter IV of Title II of Book VI of Part Two (Orders in Council of State) of the Criminal Code is punishable by the penalties set out in that section, reproduced below:
"Section IV
" Of failure to school attendance
" Art. R. 624-7. -The fact, in respect of one or other parent of a child subject to the obligation of school or of any person exercising parental authority or a de facto authority on a continuous basis, after warning given by the inspector of the academy and Of the procedures defined in Article R. 131-7 of the Education Code, not to impose on the child the obligation of school attendance without making known any legitimate grounds or valid excuse or by giving false grounds of absence is punishable by The fine for the fourth class ticket.
" To facilitate, by assistance or assistance, the commission of the contravention provided for in this section shall be subject to the same penalties.
" Legal persons may be declared criminally liable under the conditions laid down in Article 121-2 of the offence defined in this Article
The penalty incurred by legal persons shall be the fine, as provided for in Article 131-41. "
Chapter II
Free public school education
This chapter does not include regulations.
*
* *
TITLE V
FREEDOM OF EDUCATION
This title does not include any regulatory provisions.
TITLE VI
APPLICABLE PROVISIONS IN WALLIS AND FUTURE ISLANDS, IN MAYOTTE, IN POLYNESIA FRENCH AND IN NEW CALIA
Chapter Ier
Applicable Terms
in Wallis and Futuna Islands
D. 161-1
Applicable in Wallis and Futuna Islands Sections D. 123-15 to D. 123-21.
Chapter II
Terms applicable to Mayotte
This chapter does not include provisions
Chapter III
Terms applicable in French Polynesia
D. 163-1
Sections D. 123-15 to D. 123-21 apply in French Polynesia.
Chapter IV
Provisions applicable in New Caledonia
D. 164-1
Are applicable in New Caledonia Sections D. 123-15 to D. 123-21.
BOOK II
EDUCATION ADMINISTRATION
TITLE I
THE DISTRIBUTION OF COMPETENCIES BETWEEN STATE
AND COMMUNITIES TERRITORIAL
Chapter I
State Skills
Section 1
Creating First and Second Degree Public Education
R. 211-1
The proper organisation of the public service of elementary education in a municipality is assessed by reference to the reception conditions in comparable communes in the department
211-2
In the case where the organisation of the public service so requires, the prefect of the département, on the proposal of the inspector of academy, director of the departmental services of national education, and after advice of the departmental board of education National, may cause the municipal council concerned to provide a suitable space for the operation of the school or the class.
In the absence of the municipality having provided the premises within the time limit fixed by the prefect, the latter shall decide The creation of the school or class
R. 211-3
In the event that the proper organisation of the public service of secondary education requires it, the prefect may, on the proposal of the academic authority, and after consulting the departmental or academic council of national education, Call on the competent community to proceed with the recording of the investment operation necessary for the estimated investment programme and to accept its inclusion on the annual list of construction operations or Articles L. 211-2, L. 213-1 and L. 214-5 respectively.
In the absence of the territorial community having taken, within the period fixed by the prefect, the decisions which are the subject of the formal notice, the prefect shall refer the matter to the minister responsible for education, who shall decide whether to create or extend the The institution.
R. 211-4
In the event that the territorial community having taken the decisions which are the subject of the formal notice provided for in Article R. 211-3 does not carry out the investment operation within a time limit fixed by the prefect, the operation shall be carried out by the State Under the conditions specified in this section.
R. 211-5
The project may be described as a project of general interest by the prefect, for the application of articles L. 121-9 and R. 121-3 of the code of town planning
211-6
The prefect shall carry out all the necessary operations to carry out the project, taking into account the educational structure established by the academic authority.
It shall adopt the technical programme and the estimated amount of The operation.
If the base land is not provided to the State, it shall take the necessary measures to acquire it by the possible use of the expropriation.
It shall issue the building permit under the conditions laid down in Articles L. 421-2-1, R. 421-33 (paragraph 2) and R. 421-36 of the Town Planning
. Contracts and the insurance of damages provided for in Articles L. 242-1 and following of the insurance code on behalf of the territorial community, future owner.
R. 211-7
The state provides the first hardware equipment.
R. 211-8
The reception of the work shall be notified by the Prefect to the competent territorial community.
The notification shall entail full transfer of ownership and transfer of all the rights and obligations of the owner, to The exclusion of rights and obligations arising from contracts and contracts for the completion of the work.
Section 2
School Map
Subsection 1
First Degree School Card
D. 211-9
The average number of students per class and the number of jobs per school is defined annually by the academy inspector, director of departmental services of national education, taking into account the general orientations Set by the Minister responsible for education, in accordance with the characteristics of the classes, staff and budget items delegated to him, and after the opinion of the Departmental Joint Technical Committee.
Subsection 2
Second Degree Sectors and Districts
D. 211-10
The territory of each academy is divided into sectors and districts.
School sectors correspond to the service areas of the colleges. One sector has a single public college, with the exception of geographical conditions.
School districts correspond to the service areas of high schools. Students in the school sectors that they bring together must find a variety of lessons that are sufficient to make the orientation work.
However, some teaching and professional specialties, in Because of their specificity, there are only establishments corresponding to a national service, which is common to several academies, or academic
211-11
Colleges and high schools welcome students residing in their area of service.
The academy inspector, the director of departmental services for national education, determines for each school year the maximum number of students Pupils who can be accommodated in each institution according to the facilities and the means at its disposal.
Within the limit of the places remaining after the registration of pupils residing in the normal area of service of a Establishment, students not residing in this area may be Registered on the authorization of the inspector of the academy, director of the departmental services of national education, of which this institution is responsible.
Where requests for exemption exceed the possibilities of reception, the order of priority of They shall be arrested by the academy inspector, in accordance with the assignment procedures in force.
Any derogation concerning a pupil residing in a department other than the one in which the requested establishment is located cannot be granted After favorable opinion of the Academy Inspector of the Department of Residence.
Section 3
List of establishments with
responsibility and full state responsibility
D. 211-12
In accordance with Article L. 211-4, the list of educational institutions for which the State is solely responsible and responsible shall be established as follows:
1 ° For establishments reporting to the Ministry of Agriculture:
a) Centre d' experimentation pédagogique de Florac (Lozère);
b) Centre d' étude du milieu et de pédagogie appliquée du ministère de l' agriculture de Fouesnant (Finistère);
c) Centre d' enseignement zootechnique de Rambouillet (Yvelines) ;
d) National Centre for Rural Promotion, Distance Education and Vocational Training, Marmilhat (Puy-de-Dôme);
2 ° For institutions under the Ministry of National Education:
a) Centre national d' études et de formation pour l' enfance inadaptation de Suresnes et son annexe (Hauts-de-Seine);
b) Lycée d' Etat d' Hennemont à sections internationales de Saint-Germain-en-Laye (Yvelines);
c) Collège et lycée d' Etat à International sections of Ferney-Voltaire (Ain);
d) Lycée d' Etat franco-allemand de Buc (Yvelines);
e) Collège and lycée à sections internationales de Sèvres (Hauts-de-Seine);
f) College and high school in international sections of the Pontonniers de Strasbourg (Bas-Rhin);
g) Foyer des lycéennes de Paris;
h) Collège and Lycée d' Etat à sections internationales de Valbonne (Alpes-Maritimes);
i) Collège and lycée d' Etat de Font-Romeu (Pyrénées-Orientales);
j) Lycée polyvalent d' Etat et lycée professionnel de Saint-Pierre-et-Miquelon.
D. 211-13
In application of Article L. 216-2, the public educational institutions of music, dance and drama whose responsibility and burden are entirely the responsibility of the State are as follows:
1 ° Conservatory Higher National Music of Paris and Lyon;
2 ° The National Conservatory of Dramatic Art.
Section 4
List of Educational Expenses at State Load
D. 211-14
Educational expenses referred to in Articles L. 211-8, L. 213-2 and L. 214-6 shall be borne by the State shall be, in investments, the expenditure relating to the first equipment of the educational establishments carried out in the The framework of a programme of national interest corresponding to the introduction of new technologies or the provision of specialised materials essential for the renovation of lessons. These expenses relate to the acquisition of the following materials:
1 ° For colleges, secondary schools and special education establishments:
a) Computer hardware, as well as their supporting software, development systems, peripheral hardware, including audiovisual materials;
b) Office and productivity hardware;
c) Electronic specialized equipment The field of this sector;
(d) Telematics or audiovisual communication technology equipment;
e) Equipment for workshops for the teaching of technology in colleges;
(f) Specialized equipment in Advanced technologies.
2 ° For educational institutions Agriculture referred to in Article L. 811-8 of the Rural Code:
a) New technologies: educational computing; audiovisual material;
b) Experimental equipment on farms and technology workshops.
3 ° For high schools Marine professionals:
a) Computer hardware for assistance, education and their accompanying software, development systems and peripheral equipment, including audiovisual materials;
b) Equipment and simulation for training ;
c) Specialized equipment in advanced technologies.
D. 211-15
Educational expenses referred to in Articles L. 211-8, L. 213-2 and L. 214-6, remaining at the expense of the State, are, in operation, the related expenses:
1 ° For colleges, secondary schools, special education establishments And marine professional schools:
a) The provision of textbooks in colleges and special educational institutions and educational materials for collective use in vocational schools as well as for the initial training of vocational secondary schools Assistance provided to families;
b) Educational action projects;
c) Educational research and experimentation;
d) Maintenance of material acquired by the State pursuant to Article D. 211-13.
2 ° For agricultural education establishments referred to in Article L. 811-8 of the Rural Code:
(a) On the assignment of public transport vehicles;
(b) A supply of school books and educational materials for collective use in support of families;
(c) The provision of software and Audiovisual productions intended for pedagogy;
d) To projects of establishment or animation actions under a national programme;
e) Educational research and experimentation;
f) Maintenance of acquired materials By the State pursuant to Article D. 211-13.
D. 211-16
The materials referred to in Article D. 211-14 shall be made available to the public institutions concerned by the State. The State, as the case may be, shall pay to such public institutions, in the form of a grant, the appropriations corresponding to the expenditure in the form of supply or service provision.
Chapter II
Skills of the Common
Section 1
Elementary and kindergarten classes
Subsection 1
Teachers' housing
D. 212-1
Suitable housing which communes attribute, subject to Article D. 212-6, to teachers pursuant to Article L. 212-5, is defined by the provisions of Articles D. 212-2 to D. 212-5.
D. 212-2
Minimum composition and minimum living area of adequate housing referred to in article D. 212-1 shall be determined by joint order of the ministers responsible for the economy, finance and budget, the interior and education Based on the number of people housed.
D. 212-3
Adequate housing must meet the minimum standards of habitability provided for in R. 322-20 of the Construction and Housing
. 212-4
Included in the number of persons occupying the dwelling:
(a) The teacher;
(b) Her spouse or, in the case of a common-law partner, under the conditions defined by section 515-8 of the civil code, his or her partner or the person Linked by a civil solidarity pact, in accordance with Articles 515-1 to 515-7 of the same code;
(c) Dependent
. 212-5
The requirements of Articles D. 212-1 to D. 212-4 shall apply to all school building
. 212-6
The provisions of the Decree of 25 October 1894 relating to the composition of the housing of teachers remain applicable to the housing units which were allocated by the municipalities before 18 June 1984
212-7
The representative housing allowance provided for in the first subparagraph of Article L. 212-5 shall be paid in accordance with the conditions laid down in Articles R. 212-8 to R. 212-18 to teachers employed in public schools in the communes, in the absence of To provide adequate housing.
R. 212-8
Unhoused teachers collect the representative allowance for housing:
1 ° From the commune where the school is located:
(a) When they occupy the job of principal or are in charge of the duties of principal;
(b) When they are in charge of the classes of schools;
c) When they exercise in the schools attached to the university teacher training institutes;
2 ° From the commune where their administrative residence is located:
a) When they are responsible for school-class replacements;
b) When they provide educational assistance to students in schools;
c) When they are responsible for teacher training in schools ;
d) When they have a complete service that is shared between multiple schools in a commune or between multiple communes.
R. 212-9
The amount of the allowance provided for in Article R. 212-8 shall be fixed by the prefect after the advice of the Departmental Council for National Education and the City
. 212-10
This amount is increased by a quarter for teachers married with or without dependent children and for single, widowed or divorced teachers with dependent children.
R. 212-11
Where a municipality is unable to allocate adequate housing to a teacher on assignment and pays the representative compensation for accommodation, it may not subsequently substitute the allowance for the award of a suitable accommodation. Housing with the consent of the individual.
R. 212-12
When two married teachers have their administrative residence located in the same municipality, they are entitled only to accommodation or, in the absence of accommodation, to
. 212-13
When two married teachers have their administrative residence located in two distant communes not more than five kilometres away, they are entitled only to accommodation or, in the absence of accommodation, to compensation. If they are not accommodated, they receive the highest of the two allowances to which they could have claimed from the commune headquarters of their administrative residence. The amount of compensation awarded to the persons concerned shall be borne by the two communes in proportion to the expense each of them would have incurred had the two allowances been paid
212-14
When two married teachers have their administrative residence located in two communes more than five kilometres apart and are not accommodated, that of the spouses who are entitled to the highest compensation receives the increased allowance Pursuant to the provisions of R. 212-10. Her spouse receives the allowance that is provided for single masters without children in the commune where he has his administrative residence. If one of the teachers is housed, the spouse receives the increased allowance in accordance with the provisions of R. 212-10.
R. 212-15
When a household is composed of a teacher and an official who does not have the status of a teacher and receives from the State, the département, the municipality or a public institution, the accommodation in kind, no compensation shall be By the teacher if the teacher exercises in the same municipality or in a remote municipality not more than five kilometres. If they can claim a housing allowance, they must opt for one or the other.
R. 212-16
The five kilometre distance provided for in R. 212-13, R. 212-14 and R. 212-15 must be assessed within the boundaries of each municipality.
R. 212-17
For the purposes of this section, the officers who have concluded and declared a civil pact of solidarity in accordance with Articles 515-1 to 515-7 of the Civil Code, as well as those living in cohabiting in the Section 515-8 of the same code.
R. 212-18
Teachers in a commune maintain, on a personal basis, for the duration of their assignment in that municipality, the benefits of the regulations in force prior to the date of 6 May 1983 Where the application of the provisions of this subsection is less favourable to them.
R. 212-19
The financial rules for special housing for teachers are laid down in Articles R. 2334-13 to R. 2334-18 of the General Code of Territorial Communities.
Subsection 2
City of Paris Teachers' Housing
R. 212-20
The municipal supplement provided for by Article L. 921-2 shall be paid under the conditions laid down in the Decree of 6 August 1927 on the allocation of the municipal supplement allocated to the teachers of the department of the Seine.
Subsection 3
Financial Participation of Municipalities
R. 212-21
The municipality of residence is required to participate financially in the schooling of children in another municipality in the following cases:
1 ° Father and mother or legal guardian of the child carrying on a professional activity when they reside in a commune which does not directly or indirectly provide for the restoration and custody of the children, or only one of those two Benefits;
2 ° Health of the child requiring, on the basis of a certificate issued by a school health doctor or by a medical doctor approved under Decree No. 86-442 of 14 March 1986 concerning the designation of licensed doctors, to The organisation of medical committees and reform committees, the conditions of physical fitness For admission to public employment and sick leave arrangements for public servants, frequent admission to hospital or regular and extended care, provided in the municipality of reception and not available in the municipality of residence;
3 ° Brother or sister of the child enrolled in the same school year in a nursery school, a child class or a public elementary school in the municipality of reception, when the registration of the brother or sister in this municipality is justified:
(a) By one of the cases mentioned in 1 or 2 above;
(b) By the lack of capacity in the municipality of residence;
(c) By applying the provisions of the last paragraph of Article L. 212-8.
R. 212-22
Where the mayor of the receiving municipality registers a child in respect of one of the cases referred to in R. 212-21, he shall inform the mayor of the municipality of residence of the municipality of residence within two weeks of the date of such registration. Reason for this enrollment.
R. 212-23
The arbitration of the prefect may be requested within two months of the contested decision either by the mayor of the municipality of residence or the mayor of the municipality of reception, or by the parents or legal guardians. The prefect acts after the advice of the inspector of the academy, director of the departmental services of national education.
Section 2
Caisse des écoles
R. 212-24
The functions of the accounting officers of schools whose annual products exceed EUR 450 000 may be entrusted to a special
. 212-25
In the event that the amount of grants awarded by the public authorities to a school caisse has been higher for the last three years known to the amount of contributions paid by the members, the provisions of the R. 212-26 to R. 212-31 are applicable, notwithstanding any provisions to the contrary provided for in the
. 212-26
The caisse committee includes for the caisses of schools other than those referred to in R. 212-27 and R. 212-28:
(a) The mayor, president;
(b) The national education inspector responsible for the electoral district or its representative;
(c) A member designated by the prefect;
(d) Two municipal councillors appointed by the municipal council;
(e) Three Members elected by the members meeting in general meetings or by correspondence if they are prevented.
The municipal council may, by reasoned deliberation, increase the number of its representatives to a higher number, but not exceed the Third party members of the municipal assembly. In this case, members may designate as many additional representatives as the City Council means in addition to the normal membership.
R. 212-27
In Paris and in the districts or groups of districts of Lyon and Marseille where a school caisse is established, the committee of the caisse comprises, in each district or group of districts:
(a) Representatives of the commune;
(b) Members elected by the members under the conditions laid down in Article R. 212-29;
(c) Members of law and designated persons.
The number of members of each of the three Above shall be equal to one third of the number of members of the district council without exceeding twelve. Where the third party is not an integer, the number of members shall be increased to the nearest whole number.
The representatives of the commune are the Mayor, President, and the members of the district council designated by
members of the National Assembly elected in the districts of the district or the group of districts and the inspectors of the national education responsible for the inspection of the schools of the district Or the Rounding Group.
Selected personalities are selected Half by the district mayor and half by the prefect of the department. However, when the number of persons to be appointed is an odd number, the Mayor makes a designation more than the Prefect
212-28
For the registers of the schools of the associated communes referred to in Articles L. 2113-14 and L. 2113-17 to L. 2113-20 of the General Code of Territorial Communities, and of the other associated communes where the City Council has decided to do so Application of Articles L. 2113-26 and L. 2511-29 of the General Code of Local and Regional Authorities, the Committee of the caisse comprises, in each of these associated municipalities:
(a) Representatives of the commune;
(b) Members elected by the members under the conditions laid down in Article R. 212-29;
(c) Members of law and designated persons.
The number of members of each of the three Above shall be equal to one third of the number of members of the Advisory Board or of the Consultative Commission but shall not exceed ten. Where the third party is not a whole number, the number of members shall be increased to the nearest whole number.
The representatives of the commune are the delegated mayor, president, and members of the advisory board or advisory committee
Are members of the law the national education inspectors responsible for the inspection of the schools of the associated municipality.
The designated persons shall be selected for half by the delegated mayor and half by the Department prefect. However, when the number of persons to be appointed is an odd number, the delegated mayor makes a designation more than the prefect
212-29
The members' representatives shall be elected in the single ballot with a single ballot, regardless of the number of voters. Candidates who have obtained the most votes are declared elected. Their term of office is set at three years. They are eligible for re-election.
R. 212-30
The chairman of the board of the caisse is responsible for the execution of the decisions of this committee.
In the districts of Paris, the chairman of the committee of the caisse of the district schools may delegate his signature to the head of the Economic services of the district school caisse.
R. 212-31
The rules of budgetary control to which the decisions of the school caisse committee are governed and the rules for the performance of revenue and expenditure shall be those applicable to the municipality of which the Lane.
R. 212-32
The committees of the schools whose annual operating revenue does not exceed EUR 15 000 may decide that their operations will not be traced in a separate account and will be the subject of an accounting The
adopted by the Committee shall be presented in the Annex to the budget of the municipality, the accounts of the municipal public establishment shall be adopted by its committee and presented in the annex to the accounts of the municipality The
of the authorising officer of the school caisse are Provided by the authorising officer of the connecting factor.
R. 212-33
The budgetary and accounting rules applicable to the schools are set out in Articles R. 2312-2, R. 2313-6, R. 2313-7, R. 2321-4, R. 2321-5 and R. 2122-9 of the General Code of Territorial Communities.
Section 3
Colleges
D. 212-34
The provisions of Articles D. 2321-8 to D. 2321-16 of the General Code of Territorial Communities shall apply to the municipal institutions referred to in Article L. 422-2 of the Education Code.
Section 4
Using School Premises
This section does not include any regulatory provisions.
Chapter III
Departments
Section 1
Colleges
R 213-1
The rules governing the departmental staffing of colleges are laid down in the provisions of section 3." Departmental Staffing of Colleges " Chapter IV of Title III of Book III of Part Three of the General Code of Territorial Communities, including those of Article R. 3334-17
213-2
The rules relating to the competences of the overseas departments in the field of colleges are laid down in the provisions of Article R. 3443-3 of the General Code of Territorial Communities.
Section 2
School Transport
Subsection 1
General Provisions
Paragraph 1
School Transport Organization
R. 213-3
The provisions of this paragraph shall apply to public on-road scheduled services created to provide primary service to students serving educational
. 213-4
The Convention on the performance of school transport services includes the provisions laid down in Article 7 (II) and (III) of Law No. 82-1153 of 30 December 1982 on the orientation of inland
. Specifies in particular:
1 ° Schools and breakpoints to serve;
2 ° The route to be followed and the daily mileage;
3 ° The number of days the service is provided;
4 ° The number of students expected;
5 ° Frequencies and schedules to be observed;
6 ° The respective responsibilities of the parties to the contract in the measures to be taken to ensure the care of students;
7 ° The conditions of carriage of persons who do not have the quality of a student
213-5
Conventions concluded by the Department or the competent authority for the organisation of urban transport shall lay down the rights and obligations of the parties in the event that the organisation of the service is entrusted, in the course of execution, to a Other organizer under the first paragraph of Article L. 213-12.
R. 213-6
The above agreements are concluded by whole periods corresponding to one or more academic years.
Unless terminated by the public, they may not terminate by denunciation by either party After notification by registered letter at least one hundred and five days before the expected start date for the next school year. Such denunciation shall not take effect in any school
. 213-7
The agreement sets out the terms and conditions for termination and the actions taken in the event of a business failure.
R. 213-8
The agreement is terminated in the event of the disappearance of the undertaking, for whatever reason, or when it is removed from the register referred to in Article 7 (1) of Act No. 82-1153 of 30 December 1982
A new convention is then passed by the competent authority with another company. Its duration is at least that of the remaining period to the end of the school year. After that period, the provisions of the first paragraph of Article R. 213-6 shall
. 213-9
Where the responsibility for the organisation of the service has been entrusted to one of the legal persons referred to in the first subparagraph of Article L. 213-12, the duration of the agreements concluded with the carriers may not exceed that during These individuals have been given the authority to organize the service.
R. 213-10
The arbitration of the prefect of the department provided for in the fifth paragraph of Article L. 213-11 shall take place at the request of the President of the executive body of the competent authority for the organisation of urban transport or of the President of the Council General.
R. 213-11
When a request for arbitration is made, the prefect shall forward the file to the President of the Regional Board of Auditors, who shall designate an adviser to conciliate the parties or, failing that, to submit proposals. It shall likewise do so where no agreement has been placed within three months of the publication of the act recording the creation or modification of a perimeter of urban transport, including school
. 213-12
If the parties can be reconciled, the designated adviser shall inform the prefect.
Failing agreement, and no later than forty-five days from the date of the transmission of the file, the advisor shall address the prefect to the prefect Proposals with comments from the parties. The prefect then establishes, by order, the conditions for the financing of the relevant school transport services.
Paragraph 2
Financing of travel
for students and students with disabilities
R 213-13
Travel expenses incurred by students with disabilities attending a general, agricultural or vocational, public or private educational institution under contract, pursuant to Articles L. 442-5 and L. 442-12 of the present Code, or recognized under Book VIII of the Rural Code, and who are unable to use public transport by reason of the seriousness of their disability, medically established, are covered by the home department of the persons
. 213-14
The transportation costs referred to in R. 213-13 are reimbursed directly to the families or interested parties if they are major or, if applicable, to the organization that made the advance
213-15
For travel in vehicles owned by students or their families, the reimbursement of expenses shall be based on a rate set by the General Council.
For travel in vehicles operated by third parties Paid on this basis, the reimbursement of costs shall be based on actual, duly justified
. 213-16
Travel expenses incurred by students with disabilities attending one of the institutions of higher education under the supervision of the Ministry of National Education or the Ministry of Agriculture. Using public means of transport, due to the seriousness of their disability, medically established, are covered by the home department of the persons concerned.
Travel expenses incurred by students with disabilities are taken in Under the conditions set out in R. 213-14 and R. 213-15.
Paragraph 3
Transport organized on the
educational institution initiative
R. 213-17
Subject to the provisions relating to the school transport of Articles L. 213-11 to L. 213-13 and L. 213-15, transport organised by educational institutions in relation to education, provided that such transport Shall be reserved for pupils, staff of establishments and, where appropriate, parents of pupils participating in the supervision of pupils shall be regarded as private non-urban road transport services of
. The conditions for the performance of these private services within the meaning of Law No. 82-1153 of the 30 December 1982 in the direction of inland transport is governed by the provisions of Decree No. 87-242 of 7 April 1987 on the definition and conditions of performance of private non-urban road transport services.
Paragraph 4
Financial Compensation and Statistics
R. 213-18
The right to compensation awarded, for the transfer of competence in the field of school transport, to the departments and authorities responsible for the organisation of urban transport and the rules applicable to the distribution and The corresponding appropriations are defined by Articles R. 1614-65 to R. 1614-74 of the General Code of Territorial
. 213-19
The conditions under which departments and authorities competent for the organisation of urban transport are required to compile statistics relating to the exercise of their school transport skills are Laid down by the provisions of Articles R. 1614-36 to R. 1614-40 of the General Code of Territorial Communities.
Subsection 2
Special provisions for the Ile-de-France region
Paragraph 1
Organisation of the School transport in the Ile-de-France region
R 213-20
The organisation of school transport in the departments of the Ile-de-France region is governed by the provisions of Decree No. 73-462 of 4 May 1973 on the organisation of special services for public road transport reserved Students.
Paragraph 2
Funding for school transportation in the Ile-de-France region
R. 213-21
The financing of school transport in the departments of the Ile-de-France region is governed by the provisions of Decree No. 69-520 of 31 May 1969 on the financing of the transport of primary and secondary school pupils. General, agricultural and vocational education.
Paragraph 3
Financing of travel
for students and students with disabilities in the Ile-de-France region
D. 213-22
In the Ile-de-France region, travel expenses incurred by students with disabilities attending one of the general, agricultural or vocational, public and private educational institutions under contract concluded pursuant to Article L. 442-5 and L. 442-12 of this Code, or recognised under the provisions of Articles R. * 813-1 to R. * 813-35 of the Rural Code and which cannot use public means of transport in view of the seriousness of their disability, medically established, for And return, shall be reimbursed by the State in the Limit of one go and return per school day.
State ownership only takes place according to the students' home.
These expenses are charged to the Ministry's budget for the host schools.
D. 213-23
The transportation expenses referred to in item D. 213-22 are reimbursed directly to the families or, if applicable, to the organization that agreed to advance it.
D. 213-24
For journeys made in vehicles belonging to the pupils' families, the reimbursement of the abovementioned costs shall be reimbursed on the basis of the average kilometric rate applicable to users of the regular road transport lines of the Department of establishment of the establishment frequented.
For journeys carried out on vehicles operated by third parties, remunerated as such, the reimbursement of costs shall be based on actual, duly justified, expenditure. Supported by families.
D. 213-25
Repayments provided for in articles D. 213-23 and D. 213-24 are decided by the prefect, who appreciate the merits of the applications submitted in this capacity.
In the cases at issue, a specialized commission is To rule on the admission to the benefit of the above-mentioned reimbursements. This commission shall consist of six members appointed by the prefect, including the inspector of the academy or his representative, the president, the departmental director of health and social action or his representative, the engineer general of agronomy responsible for Region or its representative, a head of private educational institution for children with disabilities, a doctor appointed on the proposal of the departmental director of health and social action and a representative of the families' associations Children with disabilities. In the event of an equal division of votes, the Chair shall be paramount.
D. 213-26
In the Ile-de-France region, travel expenses incurred by students with disabilities attending one of the institutions of higher education under the tutelage of the minister responsible for education and the minister responsible for Higher education or the Minister of Agriculture and who may not use public means of transport, taking into account the seriousness of their disability or the inadequacy of such means of transport for the purpose of audit Come back, are taken care of by the State, on the budget of the department concerned, In the manner set out in this paragraph.
D. 213-27
The costs referred to in Article D. 213-26 are covered by individual allowances paid by the Academy Rectors or the Departmental Directors of Agriculture. The corresponding appropriations shall be delegated to the rectors or the departmental directors of agriculture under the same conditions as the scholarship
. 213-28
A regional commission supplemented as necessary by the Regional Director for Agriculture and Forestry, chaired by the Academy Rector or his representative, and composed of a representative of the educational institution where The student is enrolled, a physician designated by the head of the health and social deconcentration service, a representative of the disability associations and a representative of students with disabilities designated by the rector, or The Regional Director for Agriculture and Forestry, is called upon to rule on Admission to the benefit of expense reimbursements in contentious cases.
Chapter IV
Region Skills
Section 1
Training Planning
The This section does not include any regulatory provisions.
Section 2
Secondary schools, special education institutions,
marine professional schools, and agricultural educational institutions
R. 214-1
Staffing rules Regional school equipment shall be fixed by the provisions of Section 2 " Regional allocation of school equipment " Chapter II of Title III of Book III of Part Four of the General Code of Territorial Communities and in particular by the provisions of Article R. 4332-10.
Section 3
Vocational training and Learning
Subsection 1
The regional learning fund
and continuing professional education
R. 214-2
The rules for the regional fund for apprenticeship and continuing vocational training are laid down in the provisions of Articles R. 4332-1 and R. 4332-2 of the General Code of Local and Regional
. 214-3
The rules governing the vocational training of young people under the age of twenty-six years are laid down in the provisions of Articles R. 4332-3 to R. 4332-8 of the General Code of Local and Regional
. 214-4
The rules governing the establishment by the region of statistics relating to vocational training and apprenticeship are laid down in the provisions of Articles R. 1614-10 to R. 1614-15 of the General Community Code Territorial.
Subsection 2
Multi-year agreements for development goals for
learning and alternating professional or technological education
D. 214-5
The regional prefect acting in consultation with the authorities of the State concerned with the general educational structure of the educational institutions, the President of the Regional Council, one or more representatives of the Professional employers' organisations may conclude objective contracts. These multiannual contracts shall set out objectives for the development of apprenticeship and vocational or technological education by alternation, coordinated with other vocational training and education.
The Chambers of Trade and industry, chambers of trade and chambers of agriculture may be associated with objective contracts.
The forecast scheme for trainings provided for in Article L. 214-1 and the forecast scheme for apprenticeship training Article L. 214-13, paragraph II, takes account of the guidelines Are defined by objective contracts.
D. 214-6
Objective contracts determine, in particular, the orientations on the workforce to be trained by type and level of qualification, the desirable location of training, the forecast durations of training in the training centre And the types of actions that can promote the information of young people and their families.
Objective contracts can also provide for the conclusion of quality contracts between the regions and the managing bodies of the centres. Apprenticeship training.
D. 214-7
Objective contracts take account of the guidelines laid down in the context of the branch negotiation as provided for in Article L. 933-2 of the Labour Code and the national agreements and agreements concluded between the State and the Professional organisations.
In the absence of branch negotiations, the National Joint Employment Committee is informed about the content and implementation of the objective
. Can be consulted and make proposals in this regard The
Coordinating Committee on Employment and Vocational Training, as well as the Academic Board of the National education for matters within the competence of the Rector, or the Regional Committee on Agricultural Education for matters falling within the competence of the Regional Director for Agriculture and Forestry, shall be consulted in The development of objective contracts and regularly informed of their Implementation as well as balance sheet.
D. 214-8
The State and the region may conclude, in the framework of the contracts of plan, with the exception of derogation, multi-year agreements for the development of vocational and technological education and apprenticeship for the implementation of Work on objective contracts.
Subsection 3
The Coordinating Committee for
Regional Learning and Professional Training Programs continues
R. 214-9
The coordinating committee for the regional apprenticeship and vocational training programmes, established by Article L. 214-14, is composed of fifty-two members, appointed by order of the Prime Minister, on account of:
1 ° Thirteen representatives of the state;
2 ° Twenty-six representatives elected each by one of the twenty-five regional councils or by the Assembly of Corsica;
3 ° Thirteen representatives of trade union and professional
. 214-10
State representatives are:
1 ° The delegate to the vocational training or his representative;
2 ° The delegate to the job or his representative;
3 ° The director responsible for the budget at the budget ministry or his representative;
4 ° The director responsible for the Local authorities in the Ministry of the Interior or its representative;
5 ° The Director of Higher Education at the Ministry of National Education or his representative;
6 ° The Director for School Education at the Department of National Education or its representative;
7 ° The Director responsible for Industry in the Ministry of Industry or its representative;
8 ° The Director of Education and Research at the Ministry of Agriculture or its representative;
9 ° The Head of the Department for Women's Rights in the Ministry Responsible for social affairs or his representative;
10 ° The Commissioner-General of the plan or his representative;
11 ° The Regional Planning Officer or his representative;
12 ° The Director responsible for crafts in the Ministry responsible for Craft or its representative;
13 ° Trade Director Internal to the trade department or its representative.
R. 214-11
Representatives of the Regional Councils and the Assembly of Corsica and their alternates shall be elected by each Regional Council or by the Assembly of Corsica among its members for the duration of their term of
. As a result of death, resignation or for any other reason, the election of a new representative and his or her alternate shall be made. The term of office of such designated members shall terminate upon the expiration of their term of Regional
. 214-12
The thirteen representatives of trade unions and professional organisations, as well as their alternates, shall be appointed for six years by reason of:
1 ° Five employee representatives, on a proposal from each of the representative trade unions at national level;
2 ° A representative of the staff of public education establishments, on a proposal from the organisation Trade union representative of professional education workers;
3 ° Four representatives of employers, on the proposal of professional representative organisations at national level, as a result of:
a) One for the Mouvement des entreprises de France;
b) One for the General Confederation of Small and Medium Enterprises;
c) One for the Craft Professional Union;
d) One for the National Federation of Trade Unions Farmers;
4 ° A representative of the chambers of commerce and industry, on a proposal from the Permanent Assembly of Chambers of Commerce and Industry;
5 ° A representative of the chambers of commerce, on a proposal from the Assembly Permanent trade chambers;
6 ° A representative of the rooms Agriculture, on the proposal of the Permanent Assembly of Chambers of Agriculture
214-13
The Chairman of the Committee shall be appointed from among the representatives of the Regional Councils and the Assembly of Corsica, for the duration of his term of office, by the Prime Minister
214-14
The committee meets at least twice a year.
In addition, it may be convened on a specific agenda either by the Prime Minister or by the President on his or her own initiative or upon request of one-half of the members of the Committee.
The Committee can validly deliberate only if at least half of its members attend the meeting. In the event that the quorum is not reached, it shall immediately be reconvened by registered letter with a request for notification of receipt. The committee can then deliberate regardless of the number of members present.
R. 214-15
The opinions of the Committee shall be taken by an absolute majority of the members present; in the event of an equal division of votes, the voice of the Chairman shall be
. 214-16
The professional training delegate acts as rapporteur to the committee.
R. 214-17
The Committee shall adopt a rules of procedure establishing the organisation of its work. It may be specialized commissions for the study of specific problems.
Section 4
Overseas Region Skills
This section does not include Regulations.
Chapter V
The jurisdictions of the territorial community of Corsica
R. 215-1
The rules relating to the competences of the territorial community of Corsica in the field of education, culture and vocational training are laid down in the provisions of Articles R. 4424-1 to R. 4424-5, R. 4424-31 and R. 4424-32 of the General code of the following territorial communities reproduced:
" Art. R. 4424-1. -From the beginning of the construction of a new establishment, the President of the Executive Council shall inform the Prefect of Corsica of the expected date for their completion and for the establishment of the
. Art. R. 4424-2. -The financial means provided by the State pursuant to the provisions of the last paragraph of Article L. 4424-2 shall include the capital and operating expenses listed in Decree No 85-269 of 25 February 1985 laying down the list of Educational expenditure for the State taken pursuant to Article 14 of Law No. 83-663 of 22 July 1983
Art. R. 4424-3. -The Assembly of Corsica shall distribute among the educational institutions referred to in Article L. 4424-2 the grants provided for in this Article. Academic services shall be made available to the territorial community of Corsica in accordance with the provisions of the first paragraph of Article L. 4422-43. The academic authorities shall notify each institution of the amount of the grants awarded to
. Art. R. 4424-4. -The map of higher education and research established by the Assembly of Corsica under the conditions laid down in Article L. 4424-3 defines the types of training provided by the higher education institutions of Corsica and the Location of such training and research and documentation activities. It includes training provided by the university institute for the training of masters, the sections of senior technicians and academic institutes of technology
Art. R. 4424-5. -The Convention provided for in the second subparagraph of Article L. 4424-3 sets out in particular the multiannual financial commitment of the territorial community of Corsica, the State and the University of Corsica. "
" Art. R. 4424-31. -The programme of training and equipment operations of the National Association for the Vocational Training of Adults, other than of national interest, carried out in Corsica, is prepared by the President of the Executive Council after consultation Of the Association and adopted by the Assembly of Corsica
Art. R. 4424-32. -The appropriations previously allocated by the National Association for the Vocational Training of Adults to these equipment operations in Corsica are integrated into the general allocation of decentralisation. "
Chapter VI
Common
skills for territorial communities
D. 216-1
The contribution that the department or region makes every year to the territorial community owning a college, a high school, a special educational institution, an agricultural educational institution referred to in the section L. 811-8 of the Rural Code or the grouping of competent municipalities under the fourth paragraph of Article L. 216-5 of this Code shall be calculated under the following conditions:
1 ° The first year, this contribution shall be at least equal to the total amount of the expenditure borne by the department or region in respect of the operation of all establishments within its weighted competence, for at least one Third party, by the relative share of the institution in the total amount of the expenses incurred in the preceding year by the department or region, for at least one third, by the relative share of the establishment in the number of registered pupils On 1 October of the same year in all establishments reporting Competence of the department or region and for the balance, by the relative share of the institution as a result of the implementation of the criteria adopted by the region or the department pursuant to Article L. 421-11.
2 ° The years This contribution shall be at least equal to the total amount of the expenditure borne by the department or region in respect of the operation of all establishments within its competence, weighted, for at least one third, by the Department or region's previous year's contribution To the local community that owns or to the grouping of competent municipalities in the total amount of the expenditure incurred in the previous year by the department or region in respect of the operation of all establishments under its Competence, for at least one third, by the relative share of the institution in the number of pupils enrolled on 1 October of the same year in all establishments which are now within the competence of the department or region and, for The balance, by the relative share of the institution as a result of the Work of the criteria established by the region or the department pursuant to the g of Article L. 421-11.
For the purposes of this Article and within the limits set by this Article, the General Council or the Regional Council shall determine the importance Relative to each of the three shares mentioned above.
D. 216-2
The average cost per student used to calculate the contribution that the department or region pays each year to the municipality headquarters or the grouping of competent municipalities in Application of the third paragraph of Article L. 216-6 is equal to the ratio of the total amount The operating expenditure of the previous year of all establishments in the department or region and the total number of pupils enrolled in those establishments on 1 October of the penultimate year.
Expenditure Referred to in the preceding subparagraph shall be the expenditure on the operation of equipment relating to the externat, with the exception of educational expenditure remaining at the expense of the State pursuant to Articles D. 211-14 to D. 211-16.
The average cost Each year the annual rate of change in the total amount of the Expenditure incurred by the department or region in respect of the operation of all the institutions under its jurisdiction.
The number of pupils taken into account for the calculation of the contribution is the number of pupils enrolled in The institution on October 1 of the previous year.
TITLE II
THE ORGANIZATION OF SERVICES
DE L' ADMINISTRATION DE L' ÉDUCATION
Chapter I
Headquarters Services
R. 221-1
Headquarters is organized in accordance with the provisions of Decree No. 2003-317 of 7 April 2003.
Chapter II
Academic and departmental services
*
* *
Subsection 2
Terms specific to the
academies of Paris, Créteil, and Versailles
D. 222-4
In the Ile-de-France region, the inter-academic service of examinations and competitions is placed under the authority of the rectors of the academies of Créteil, Paris and Versailles, the coordination being carried out by the Committee of Rectors of the region D' Ile-de-France, instituted by Article R. * 222-2. It is administratively attached to the Paris Academy.
The director of this service is appointed by decree of the minister responsible for education, after advice of the enumerators of the interested academies
222-5
The Director of the Inter-Academic Examination and Competition Service is responsible for the physical management of the Arcueil examination house. He is responsible for organizing the internal service, maintaining order and security issues.
D. 222-6
The necessary jobs for the interacademic service of examinations and competitions are delegated to the connecting academy.
The appropriations for the coverage of examination fees and competitions organised by the inter-academic service and the The overall expenditure required for its operation is specifically delegated to it.
D. 222-7
The Director of the Inter-Academic Examination and Competition Service is empowered to delegate his signature to the Secretary General and the Division Heads of this service.
Subsection 3
Academies-specific provisions Overseas
R. 222-8
The territorial boundaries of each of the academies of La Réunion, Martinique, Guadeloupe and Guiana are those of the corresponding
. 222-9
The office of the Rector and the Chancery is fixed:
1 ° A Saint-Denis-de-la-Réunion pour l' Académie de La Réunion;
2 ° A Fort-de-France pour l' Académie de la Martinique;
3 ° A Pointe-à-Pitre pour l' Académie de la Guadeloupe ;
4 ° A Cayenne for the Académie de la Guyane.
R. 222-10
In the Academies of La Réunion, Martinique, Guadeloupe and French Guiana, the Rector acts as Director of Departmental Education Services.
In the Academy of La Réunion, the Rector is assisted by a Assistant, inspector of academy, to whom he may delegate his signature in fields relating to schools, colleges or high schools.
Subsection 4
Common Provisions
D. 222-11
The territory of each Academy includes the sectors and districts of the second degree referred to in Articles D. 211-10 and D. 211-11.
R. 222-12
By decision of the Academy Rector, national education inspectors may, in particular, be responsible for a first degree district of education.
When they are in charge of a first degree, the Inspectors of national education, under the authority of the academy inspectors, directors of the departmental services of national education, have jurisdiction over public and private schools under contract of the first degree and their staff.
Section 2
Administrative Authorities Deconcentrated
*
* *
D. 222-15
In accordance with the provisions of Article L. 222-2, the Rector runs the Chancery, a national public institution of an administrative character governed by the provisions of Decree No. 71-1105 of 20 December 1971 concerning Chancelleries.
*
* *
R 222-19
Under the authority of the Rector, the Secretary General of the Academy is responsible for the administration of the Academy. In case of absence or incapacity, he displaces the rector.
The Paris Academy consists of two posts of general secretary. Employees appointed in these two positions perform their duties under the conditions set out in R. * 222-17 and R. * 222-18.
D. 222-20
The Rector is authorized to delegate his signature:
a) To the Secretary-General of the Academy and, in the event of absence or incapacity of the Academy, to the Secretary-General of the Academic and Academic Administration responsible for the functions of the Assistant to the Secretary-General of the Academy, and to the Heads of Division of the Rectory within the limits of their remit;
(b) To the Inspectors of the Academy, Directors of the departmental services of national education and, in the event of absence or incapacity of them, to the Assistant Academy Inspectors and to the Secretary General of the academic inspection or the chief of administrative services
inspectors of the academy, the directors of the departmental services of national education, within the framework of the delegations of power conferred on them by the rector, are authorised to delegate their signature:
a) To the Assistant Academy Inspectors and the Academic Inspection Secretary General or the Head of the Academic Inspection Administration;
b) Assistant National Education Inspectors to the Academy Inspectors.
These delegations shall determine the acts and bodies of the officials to whom they apply.
D. 222-21
The Rector of the Paris Academy may delegate his signature to questions relating to higher education and to questions common to secondary and higher education:
1 ° To the Vice-Chancellor of the Universities of Paris;
2 ° To the Secretary General of the Chancery in the event of the absence or incapacity of the Vice Chancellor
222-22
For questions relating to schools, colleges, secondary schools and special education institutions, the training and management of teaching staff, as well as the continuing education of Adults, the Rector of the Paris Academy may delegate his signature:
1 ° To the director of the Paris Academy;
2 ° For cases falling within their competence, to the academy inspectors, directors of the departmental services of education who assist the director of the Paris Academy, in case of absence
3 ° To the Secretary General of School Education, in case of absence or incapacity of the Director of the Paris
. 222-23
For the questions referred to in Article D. 222-21, in the absence of the Vice-Chancellor of the Universities of Paris and the Secretary-General of the Chancery and, for the matters referred to in Article D. 222-22, in the absence of the Director of the Paris Academy and the Secretary General of School Education, the Rector may delegate his signature to the Division Heads of the Rectorate.
Subsection 2
The Academy Inspector, Director of Services
National Education
R. 222-24
Academy inspectors, heads of departmental services for national education and assistant academy inspectors are appointed by decree of the President of the Republic on the proposal of the minister responsible for education. They are responsible for facilitating and implementing the education policy of the minister responsible for education in the department.
Section 3
*
* *
D. 222-27
The Rector of the Academy may be empowered to make certain decisions concerning the organisation and functioning of educational and educational institutions, the education of pupils, school life and the promotion of education. The health of children and adolescents in schools and state aid to students and students.
The Minister responsible for education sets out the modalities and the dates for which the measures of deconcentration are effective Title.
The Academy Rector, Chancellor of the Universities, can receive Delegation of competence of the minister responsible for higher education to the effect of aiming or signing diplomas attesting to higher education or state diplomas.
It ensures the coordination of all the measures To realize the full employment of the Academy's premises and teaching facilities. It takes all relevant decisions in this regard.
D. 222-28
The inspector of the academy, the director of the departmental services of national education, may, under the same conditions, also have the power to make decisions in the fields of competence defined in the first paragraph of the Article D. 222-27 other than student assistance.
The Minister responsible for education sets out the terms and dates for the effect of the deconcentration measures in this
. 222-29
The Minister responsible for education may, by order, delegate to the Academy Rectors the power to approve the rules of procedure of the joint administrative commissions established with the Inspectors of the Academy, Directors The departmental services of national education, pursuant to Article 2 of Decree No. 82-451 of 28 May 1982 on the Joint Administrative Commissions of the State Civil Service, and the Rules of Procedure of the Committees Departmental forwarder techniques that are established in application of Article 4 of Decree No. 82-452 of 28 May 1982 on the Joint Technical Committees of the Public Service of the State
222-30
The Minister responsible for education may, by order, delegate to the Rectors of the Academy the authority:
1 ° To draw up a list of trade unions of officials who are capable of appointing representatives to each technical committee Parity which may be created within the territorial jurisdiction of each Academy pursuant to Article 4 of Decree No. 82-452 of 28 May 1982 cited in Article R. 222-29;
2 ° Set the number of seats of holders and substitutes allocated to Each of the organizations listed in 1 above.
D. 222-31
Subject to the provisions of Article D. 222-32, the Director of the Interacademic Services for Examination and Competition shall exercise the competences of the rectors relating to the organisation of competitions and examinations as defined By the regulations of these competitions and examinations.
The powers of the Rector of the Paris Academy for the French centres of examinations open abroad are also exercised by the Director of the Interacademic
. 222-32
However, the rectors of the academies of Créteil, Paris and Versailles, in addition to the competences they hold from ministerial delegations, retain the following competences:
1 ° Designation of board chairpersons;
2 ° Approval of examination subjects for the general and technological baccalaureate and general education subjects for all other examinations of technological
. Also subject to their approval the final schedule of examinations and competitions under their authority as well as the choice of examination
. 222-33
The tasks of the rectors of the academies of Créteil, Paris and Versailles, with regard to the organisation of national or academic examinations and competitions under the Ministry of National Education with the exception of competitions Academic staff of the administrative, technical and service staff of the academies of Créteil and Versailles, are provided by the interacademic service of examinations and
. 222-34
Personnel management skills are exercised according to the provisions of book IX.
Sub-section 2
Legal
D. 222-35
Rectors have jurisdiction to submit defence briefs to appeals filed in disputes relating to decisions taken, within the scope of their legislative and regulatory provisions, In force, either by themselves or by the staff under their authority, in the exercise of the tasks relating to the content and organisation of the educational action and to the management of the personnel and institutions involved in
. The Secretary General of the Academy may receive delegation from the Rector to The effect of signing defence briefs in administrative
. 222-36
Encounters by the Rector of the Academy:
(a) Decisions on amicable settlement of claims for compensation involving the responsibility of the State, for disputes falling within the jurisdiction of the decentralised services Less than EUR 8 000;
(b) Financial decisions taken for the enforcement of court decisions on disputes involving the liability of decentralised services.
Section 4
Ombudsmen
D. 222-37
A national education ombudsman, academic mediators and their correspondents receive complaints about the functioning of the public education service in its relations with users and its agents
222-38
The National Education Ombudsman is appointed for three years by order of ministers responsible for education and higher education.
He receives complaints about the operation of the department's central services and Institutions that do not fall under the tutelage of an academy rector.
For the purpose of investigating these cases, the department may rely on the services of the department as well as general inspections.
It is the correspondent for the Ombudsman of the Republic.
It coordinates the activities of the Ombudsmen Academic.
D. 222-39
Each year, the National Education Ombudsman shall submit a report to the Minister responsible for Education and to the Minister for Higher Education, in which he formulates the proposals which appear to him to improve the Operation of the public service of national
. 222-40
Academic mediators and their correspondents are appointed for one year by order of the Minister for Education and the Minister for Higher Education, on the proposal of the National Education
. Claims for services and establishments within the jurisdiction of the electoral district in which they are appointed.
D. 222-41
Claims must have been preceded by representations to the services and institutions concerned.
Referral to the Ombudsman of the Republic, in his field of competence, terminates the complaint procedure instituted by the Section.
D. 222-42
When the claims appear to be well-founded, the mediators make recommendations to the services and institutions involved. They shall inform them of the follow-up given to them. If the service or institution seized maintains its position, the service or institution shall inform them in writing of the reasons.
TITLE III
NATIONAL
LOCAL GOVERNANCE ORGANIZATIONS
Chapter I
The Board of Governors of Education
Section 1
The Conseil supérieur de l' éducation
deliberative in consultative matters
R. 231-1
The Higher Education Council advises:
1 ° On the objectives and functioning of the public service of education;
2 ° The regulations on programmes, examinations, the issue of diplomas and education;
3 ° on issues of interest to the institutions Private primary, secondary and technical education;
4 ° On statutory issues relevant to the staff of private educational institutions under contract;
5 ° on all matters of national interest concerning Education or education, regardless of ministerial department Interested;
6 ° All matters referred to it by the Minister responsible for education
231-2
The Conseil supérieur de l' éducation is chaired by the minister responsible for education or his representative, appointed by order of the minister.
It consists of ninety-seven members divided as follows:
1 ° Forty-eight Members representing teachers, teacher-researchers and other public education staff as well as private educational institutions and their staff, namely:
a) Twenty members representing the first and second degree public education holders and auxiliaries of public education;
b) Three members representing information and guidance centre directors, advisors Psychologists, principal educational advisors, internat masters, and externat supervisors;
(c) Five members representing teacher-researchers elected by representatives of the same categories in the National Council Higher education and research;
(d) Two Members representing heads of public education institutions;
e) Two members representing inspection bodies operating at the departmental or academic level;
(f) Nine members representing administrative staff, Technical, Workers, Service and Health under the Ministry of National Education;
g) Seven members representing private educational institutions and their staff, namely:
ga) Two members representing secondary or private contractors under contract;
gb) Four members representing the teaching staff of private educational institutions in the first and second degrees below Contract;
gc) A member representing private higher education institutions.
The members referred to in a, b, d, e, f, ga and gb shall be appointed on the proposal of the most representative trade unions of the staff having Presented candidates in professional elections.
Distribution Seats between these organisations shall be based on proportional representation according to the rule of the highest average.
2 ° Nineteen members representing users, namely:
a) Nine members representing parents of pupils in public education, proposed by associations of parents of pupils of public education; the distribution of seats between these associations shall be proportional representation According to the system of the highest average, in proportion to the results of the elections to the boards of directors and the school councils;
b) Three members representing parents of pupils from private educational institutions, proposed By parents' associations of schools Private education, selected by the Minister responsible for education among the most representative;
(c) Three members representing students proposed by the student associations; the distribution of seats between these associations Is carried out by proportional representation according to the system of the strongest remains, in proportion to the results of the elections to the National Council for Higher Education and Research;
d) A member representing the associations Proposed by the said associations chosen by the Minister responsible for Education among the most representative;
(e) Three members representing high school pupils and pupils from regional schools adapted to the levels corresponding to those of secondary schools, elected in their own right By the representatives of the delegates of the pupils of secondary schools and of the regional institutions of adapted education sitting in the academic councils of the life of the high school. The election shall be by correspondence; the distribution of seats shall be carried out in accordance with the systems of the multi-member plurality voting system.
3 ° Thirty members representing the territorial authorities, the permanent associations and the Major cultural, educational, social and economic interests, namely:
a) Twelve members representing the elected representatives of the local authorities, namely:
aa) Four regional councillors, appointed by the presidents of regional councils;
ab) Four general councillors appointed by the Assembly of Presidents of General Councils;
ac) Four mayors, nominated by the Association of Mayors of France;
b) Two members representing the periscolary associations, proposed by the associations chosen by the minister responsible for education among the most representative;
c) Sixteen members representing the main interests Cultural, educational, social and economic:
ca) Eight members representing the federations and confederations of employees or officials proposed by such groups chosen by the Minister responsible for education among the most representative;
cb) Six members Representing trade unions of employers and the consular chambers, proposed by such groups chosen by the Minister responsible for education among the most representative;
(cc) A member representing, alternating, the University presidents and public school and school officials
representative of the university presidents is appointed by the conference of university presidents. The representative of the public school and school officials delivering the engineering degree is appointed by the Conference of Directors of Schools and Training of Engineers. For the first term, the head office holder is a university president. This alternation continues in the following terms;
cd) A member providing representation of the agricultural education designated by the National Council of Agricultural Education.
Alternate members whose number is equal to the Double that of the holders, with the exception of the member referred to in the 3 ° (cc) for which there is only one substitute, shall be designated under the same conditions as the incumbent members.
For the members referred to in 2 ° (e), when the candidate for election to the Seat to be filled is entered in the final year of the study cycle, except for the Members and alternate members other than those mentioned in 1 ° (c) shall be appointed by order of the Minister responsible for Education.
R. 231-3
Any member of the Higher Education Council who, before the normal term of his or her term of office, ceases to meet the conditions under which he or she has been called or resigns must be replaced.
The seat is allocated on a proposal from The organization that presented the replaced member. The term of office of the replacement shall expire at the time of the general renewal of the Board.
The replacement of a titular member referred to in 2 ° (e) of Article R. 231-2 shall be among his alternates in the order of proclamation of the results. Substitutes who have become full members shall not be replaced until the following election.
An alternate member may sit only in the absence of the incumbent member whom he replaces. The alternate members appointed, in respect of a college, to represent a trade union, an association of parents of pupils, a student association or a non-formal association may sit in order to replace any member indifferently The same college and the same organization or association.
R. 231-4
The Conseil supérieur de l' éducation consists of a permanent section, composed of forty-nine members of the board, distributed as follows:
1 ° Twenty-four members representing teachers, teacher-researchers and other staff Public education as well as private educational institutions and their staff, namely:
(a) Twenty-one members representing the staff of public education institutions elected by the representatives of the categories mentioned in 1 ° (a, b, c, d, e and f) of Article R. 231-2;
(b) Three members representing the institutions Members elected by the members mentioned in 1 ° (g) of Article R. 231-2;
2 ° 10 members representing users, elected by the members mentioned in 2 ° of Article R. 231-2;
3 ° Fifteen members representing Territorial communities, periscolary associations and large Cultural, educational, social and economic interests, namely:
(a) Six members elected by the members referred to in Article R. 231 (2) (a);
(b) Nine members representing periscolary associations, major cultural and educational interests, Elected by the members mentioned in 3 ° (b) and (c) of Article R. 231-2.
Each seat is occupied by one member and two alternate members. The permanent members shall be elected from among the permanent members. The alternate members shall be elected from among the members or alternates of the Council.
The Minister responsible for education or his representative shall preside over the permanent section of the Higher Education
. The permanent section exercises all the powers vested in the Higher Education
. 231-5
Three specialist committees are set up to prepare advice on texts concerning programmes, schedules and the organisation of lessons:
a) A school board;
b) A college committee ;
c) A high school board.
R. 231-6
The composition of these three commissions is as follows:
1 ° Each seat shall be occupied by a titular member and an alternate member elected from among the members or alternates of the Council.
In each of these three committees, each trade union organization shall represent in the full Council the Teachers mentioned in 1 ° (a) and 1 ° (gb) of Article R. 231-2 and who represent the staff of the educational level concerned by the committee shall be entitled to a minimum of one seat; to these members shall be added eight members elected in their own Members of the Board, cited in 1 ° (a) of Article R. 231-2, among the members Holders and substitutes belonging to bodies which are intended to teach in the institutions of the level under consideration and a member elected by the members of the board referred to in Article R. 231-2 (gb) of Article R. 231-2 among the members and
, in number equal to the number of members resulting from the application of the 1 °, shall be elected by the members of the Council, excluding those who are Mentioned in 1 ° (a) and 1 ° (gb) of Article R. 231-2, among the members holding and Substitutes.
R. 231-7
The chair of each commission is the head of the headquarters responsible for the appropriate level of education, or his or her representative
231-8
Other specialised committees may be set up by decision of the Minister responsible for education or at the request of the majority of the members of the Council. They shall be chaired by a member of the Board. In order to set up these specialised committees, the Board may appeal to outside
. 231-9
The election of members of the Standing Section and the specialised committees shall be held for each of the categories referred to in Articles R. 231-4 and R. 231-6 by proportional representation, with the possibility of incomplete lists And the distribution of the remaining seats according to the system of the strongest remains, the seat being allocated, in the case of equal remains, to that of the lists which obtained the least number of votes. In the event of the equality of the remains and the equality of the number of votes obtained by the lists in attendance, the seat shall be allocated by lot.
The members of the specialised committees referred to in paragraph 2 of Article R. 231-6 shall be elected by vote Two towers.
For the permanent section, each candidate's name is accompanied by two alternate names. For the specialised committees, each candidate's name shall be accompanied by an alternate name.
For each category, at the request of the majority of the members present in the category, it may also be possible to display the Names of candidates within the limit of seats to be filled. Candidates on the posted lists are considered elected at the end of the session. However, where a member expresses his opposition to all or part of a list so constituted and displayed, or where new applications are submitted after the posting of that list, the procedures laid down in that list should be used. Each of the first two paragraphs of this section.
Representatives of the Conseil supérieur de l' éducation in other organizations are elected by a two-round first-past-the-post
. 231-10
The members of the Higher Education Council shall be appointed or elected for a period of three years, with the exception of the representatives of pupils of secondary schools and pupils of the regional adapted educational institutions who serve for two years. Their term of office is renewable.
When a member of the permanent section is no longer part of this section for any reason, it is replaced. The seat is then assigned on a proposal from the organization that presented the member so replaced.
The term of office of the replacement so appointed expires at the time of the general renewal of the board.
When a member of one of the specialized committees Of the categories referred to in R. 231-6 ceases to be a member of that Commission, for any reason, it is replaced. The seat is then assigned on a proposal from the organization that presented the replaced member.
R. 231-11
The Board shall be convened in plenary at least twice a year.
The members of the Higher Council for Education, its Permanent Section and the three specialised committees referred to in Article R. 231-5 shall be convened by the Minister responsible for education, who sets the agenda for the sessions
231-12
The Board and its permanent section shall serve validly when the majority of their members are present.
When the quorum is not present, a new meeting shall be sent within 15 days to the members of the Board, The
of the Higher Council for Education and its permanent section shall be given by a simple majority.
Voting by secret ballot shall be by decision of the President or on request of one of the members present.
R. 231-13
Any member of the Board may request in writing that a matter of the jurisdiction of the Board be placed on the agenda. The decision to register shall be made either by the Minister responsible for education or by an absolute majority of the members present.
The meetings of the Board are not public
231-14
Each of the items on the agenda of the council or its permanent section is the subject of an introductory presentation by a rapporteur appointed by the minister responsible for education. The rapporteur of the relevant specialist committee shall then submit his report, if he so requests.
The Minister responsible for education may, on his own initiative or at the request of a quarter of the members of the Council, invite any person To participate in the debates.
At the request of a quarter of their members, the full council or the permanent section may decide to undertake studies on subjects of their own. And appoint a rapporteur for this purpose.
The Chairman of the Whole Council, of the Standing or a specialist committee may convene experts at the request of a represented organization to be heard on a point on the agenda.
Experts have no deliberative voice. They may only attend, with the exception of the vote, the debate on matters for which they have been requested.
Any Minister may, with the consent of the Minister for Education, designate a representative for Participate in debates that are of special interest to its department, both in the full council and in its permanent
. 231-15
Draft texts are put to the vote after hearing the reports and general discussion. In the case of a bill, the board may either issue a general opinion or proceed to the discussion of the articles before issuing a general opinion.
For all legislative or regulatory texts presented to the board, any member of the Council may propose an amendment that is put to the vote.
In all cases, the texts put to the vote are those proposed by the administration in
. 231-16
For each of the meetings of the Board of the Whole or its permanent section, a record shall be made to the members of the Board.
The organization of the elections to the Board, the Secretariat for the meetings and the dissemination of the Convocations, working papers and minutes are provided by the departments of the Department of National Education.
Section 2
The Conseil supérieur de l' éducation
adjudicating in contentious matters and Disciplinary
Subsection 1
General
R 231-17
The twelve members of the Conseil supérieur de l' éducation adjudicating in the contentious and disciplinary matters referred to in Article L. 231-7 and their substitutes shall be elected by the majority of the two-round plurality majority secret ballot by Representatives to the Council of Teachers and Teachers of Public Education mentioned in 1 ° (a) and 1 ° (c) of Article R. 231-2 or their Substitute at Electoral College.
The six representatives of the institutions Of private education and their staff to be appointed, in accordance with Article L. 231-8, for contentious and disciplinary cases concerning private educational institutions or their staff, shall be elected, together with their alternates, by the representatives of private educational institutions and Their personnel referred to in paragraph 1 (g) of Article R. 231-2 or their alternate according to the method of voting provided for in the first paragraph of this Article.
The incumbent advisors shall be elected from among the advisors holding the council, the advisors Alternates may be elected from alternates. Each candidate for the position of incumbent advisor is present at the vote with a named alternate named
R. 231-18
The members and alternate advisors who make up the Higher Council for Education in Matters of Contentious and Disciplinary Affairs shall be elected for the term of office of the members of the Board
Seat of the incumbent advisor, either by impossibility of exercising that function, either by ceasing to serve at the Ministry of National Education, or by resignation, he shall be replaced by his alternate, who shall become Holder.
In the case of a vacancy in a substitute seat, the Replacement of the latter, for the remainder of the term of office until the expiry of the powers of the Board, by means of a two-round majority secret ballot, within the electoral colleges referred to in R. 231-17
231-19
The Higher Council for Education in Contentious and Disciplinary Matters elects its Chairman and Secretary.
The Chairman appoints a rapporteur for each case
231-20
The Higher Council for Education in Contentious and Disciplinary Matters shall meet on convocation by the Minister for Education. The date of each session shall be fixed by order published in the Official Journal at least 15 days before the opening of the session
231-21
In liaison with the Chairman, the Rapporteur shall hear the case by all means he deems fit to inform and shall draw up a written report including the statement of facts and means of the parties. The report and file documents shall be submitted by the Rapporteur to the secretariat of the Higher Education Council to be kept at the disposal of the parties, their counsel and the members of the Board adjudicating in contentious matters and Disciplinary, five clear days before the day fixed for deliberation.
On the day fixed for deliberation, the rapporteur read out his report. The party and, if requested, the party's counsel are then heard in their submissions.
If the Chairperson deems it necessary to hear certain witnesses at the hearing, the hearing will be held in the presence of the party, and
After the party and its counsel have withdrawn, the chairperson shall take the matter under advisability and the board shall decide.
The presence of the majority of the members in exercise is necessary for the validity of the Deliberation.
R. 231-22
Meetings of the Board in contentious and disciplinary matters are public. However, the President may, on its own motion, or at the request of any interested person, prohibit the public from having access to the room during all or part of the hearing in the interest of public order or when the protection of a secret protected by the law
R. 231-23
Decisions are made by a majority of the members present.
In the event of an equal sharing of votes, the Speaker's voice is paramount.
Decisions are rendered in the following form: By a majority of the members present, the majority of the board members are present "
231-24
In disciplinary matters, if several different penalties are proposed during deliberation, the strongest penalty is put to the vote the first.
R. 231-25
The decisions of the Disciplinary Board of Referees are taken by secret
. 231-26
Decisions are signed by the President and the Secretary.
Decisions shall be notified by the Minister through the Academy Rectors, University Chancellors, or, in the cases provided for in Article L. 231-6, of the Prefects. A shipment for the party is attached to the notification. Contentious and disciplinary decisions shall be published in the Official Bulletin of the Ministry of National Education.
However, in disciplinary matters, reference shall be made to the Bulletin on behalf of the parties only in the case where the Sentence is the absolute prohibition of teaching or directing.
Subsection 2
Refine Exclusions, Disqualifications and Disabilities
R. 231-27
Applications addressed to the Minister responsible for education, pursuant to Articles L. 231-10 to L. 231-13, shall be entered on the date of receipt on a register kept for that purpose, with reference to the attachments to The
provided by the person concerned contains the indication of the municipalities where the applicant has resided since the decision taken against him, with the duration of his residence in each of them, as well as the indication of his domicile
R. 231-28
If the application is made by a person belonging to or having belonged to the second degree, the Minister shall, within 15 days from the date of registration, transmit the copy to the Rector of the Academy within the jurisdiction of If
request was made by a person belonging to or having belonged to the first degree, the Minister shall, within the same time limit, transmit the copy to the prefect in the department That person is currently domiciled. The prefect sends this room to the academy inspector within eight days.
R. 231-29
In the care of the rector or the inspector of the academy as the case may be, an investigation shall be initiated within 15 days on the conduct and means of existence of the applicant in the various communes in which he has
. Several of these communes are located outside their jurisdiction, these officials invite the rector or inspector of the academy within the jurisdiction of which this municipality or these communes are included in the investigation.
The Rector or Inspector Of the academy by which the investigation is being conducted may apply, to obtain the Information that would be useful to it, to the mayors and other administrative authorities, who must provide it with such information as soon as possible.
As soon as the investigation is complete, the rector or prefect, as the case may be, shall Academic board of national education; the latter gives, in its next session, its reasoned opinion, which is transmitted within five days to the minister responsible for education
231-30
The Minister responsible for education shall refer the matter to the Higher Council for Education at its next session.
It shall, for that purpose, transmit the file of the inquiry, together with the file of the disciplinary decision, with all The exhibits, to the Secretary of the Board of Directors, at least seven days before the opening of the session
231-31
The Disciplinary Board of Governors shall hear the case. If it finds the information insufficient, it may decide to refer the matter to the next session for further information. This decision shall be taken by an absolute majority, with the President casting a casting vote in the event of the equal sharing of votes.
A written report shall be submitted by one of the members of the Board. It shall be placed, without displacement, with all the documents in the file, available to the person concerned, his counsel and the members of the Board of Governors. The matter can only be put on the agenda ten clear days after the above communication.
The Board of Governors follows, for the rest, the same forms as for the investigation and adjudication of disciplinary
. 231-32
The decision making the recovery only states that the Conseil supérieur de l' éducation notes the person concerned with such a disciplinary penalty as provided for in article L. 231-10 and previously pronounced against him, as well as disability and The resulting disqualifications.
R. 231-33
The decision of the Higher Council of Education shall be notified by the Minister to the person concerned and, if the increase is granted, shall be inserted in the Official Bulletin of the Ministry of Education.
Chapter II
The National Council of Higher Education
and Research
Section 1
The National Council for Higher Education and Research
deliberating in advisory matters
D. 232-1
The National Council for Higher Education and Research shall give its opinion in the cases provided for in the application of the laws relating to higher
. Programs and requests for credits from scientific, cultural and professional institutions.
Subsection 1
Composition
D. 232-2
The National Council for Higher Education and Research, chaired by the Minister responsible for higher education or its representative, comprises sixty and one members in the following manner:
1 ° Forty representatives Staff and students of public institutions of a scientific, cultural and professional nature;
2 ° Twenty-one persons representing the major national interests, in particular educational, cultural, scientific, economic and
D. 232-3
Representatives of public institutions of a scientific, cultural and professional nature are elected by category as a result of:
1 ° Eleven representatives of teachers and staff of equivalent level within the meaning of the decree provided for in Article L. 719-2;
2 ° Eleven representatives of other teaching-researchers, teachers and researchers within the meaning of the decree provided for in Article L. 719-2;
3 ° A representative of library scientists;
4 ° Six representatives of administrative, technical, worker and service personnel;
5 ° Eleven representatives of students.
D. 232-4
Representatives of staff are elected by direct suffrage by and among all staff of public institutions of a scientific, cultural and professional nature, provided that they fulfil the requirements for Exercise their right to vote in the order provided for in Article L. 719-2.
Student representatives shall be elected by and among the student members of the Board of Directors, the Scientific Council and the Council for Education and University Life Public institutions of a scientific, cultural and cultural nature;
No one has more than one voice.
The election of student representatives takes place by correspondence. For the election of staff representatives, postal voting is permitted.
D. 232-5
Persons representing major national interests, including educational, cultural, scientific, economic and social interests, are appointed by order of the Minister responsible for higher
. Chosen from among the members of the National Assembly, the Senate and the Economic and Social Council, on the basis of one for each of those Assemblies and on their proposal expressed in accordance with the provisions of their Rules of Procedure. For each one, an alternate shall be appointed under the same conditions.
Such persons shall include, in particular, representatives of employers and employees who must be equal in number. In the event of temporary incapacity, they may be replaced by a designated alternate under the same conditions
232-6
The members of the National Council for Higher Education and Research are elected or appointed for a period of four years, with the exception of the representatives of the students who are elected for two years. The term of office begins on the day of the installation session and no later than two months after the date of the proclamation of the election results.
They may not serve more than two successive terms.
In case one The representative of public institutions of a scientific, cultural and professional nature resigns or is definitively prevented from carrying out his duties, he shall be replaced until the expiry of that term by his deputy who becomes the holder. In the event that an alternate becomes a holder or ceases to meet the eligibility requirements, the first of the candidates who have not been elected from the same list, or after the number of successful candidates, the first of the alternates The same list shall succeed him as an alternate.
In the event that one of the representatives of the major national interests or his alternate loses their term of office or is permanently prevented from carrying out their duties, they shall be replaced for the purpose The current four-year period.
D. 232-7
The elections of the representatives of the staff provided for in the first paragraph of Article D. 232-4 shall be conducted, in accordance with the conditions laid down in this Article, by the voting list, without any panachage or preferential vote, with allocation Proportional, the seats remaining to be filled are attributed to the strongest remaining seats. When only one seat is available, the election shall be held by a two-round majority vote.
The lists of electors shall be established by each president or director of a scientific, cultural and professional public establishment. The manner in which these lists are to be displayed and corrected shall be fixed by order. The quality of the voter and candidate is assessed at the expiration of the deadline for the correction of these lists.
The lists of candidates are drawn up at the national level for each of the categories. Each list includes a number of qualified candidates and a number of alternate candidates equal to the number of seats to be filled. However, for the college of scientific staff of libraries, each candidate may present themselves with two alternates. When the election is held on the list, the candidates must belong to different institutions.
The lists of candidates must be filed at least 50 days before the date fixed for the elections to the Minister responsible for higher education. The Minister shall conduct an audit of the eligibility of candidates and the compliance of the lists with the provisions of Articles D. 232-1 to D. 232-13. It shall collect the opinion of the national commission provided for in Article D. 232-13 and request, where appropriate, the correction of the non-conforming lists within a time limit fixed by order. On expiry of that period, the Minister shall refuse, where appropriate, by a reasoned decision taken after the opinion of the National Commission, the registration of lists which do not comply with the conditions set out above
Published by the Minister responsible for higher education at least 20 days before the date of the elections
232-8
The polling stations established in public institutions of a scientific, cultural and professional nature shall carry out the counting of the votes and draw up a record which they transmit to the National
. 232-9
The National Commission regroups the results, distributes the seats to be filled between the lists and the candidates in attendance and proclaims the results, which are published in the Official Journal of the French
. 232-10
The elections of the students' representatives provided for in the second subparagraph of Article D. 232-4 shall be conducted, in accordance with the conditions laid down in this Article, by the voting list, without panachage or preferential voting with dispatch The seats remaining to be filled shall be allocated to the highest average.
The list of electors shall be drawn up by the Minister responsible for higher education. The manner in which this list is to be displayed and corrected shall be fixed by order. The quality of the voter is assessed on the expiry of the deadline for the correction of the list.
The lists of candidates are national. Each list includes a number of qualified candidates and a number of alternate candidates equal to the number of seats to be filled. All candidates in a list, holders or substitutes, must all be registered in a different institution. No one can be a candidate on more than one list. A list may not contain more than six incumbents or more than six alternates registered in the same course of study within the meaning of the provisions of Articles L. 612-1 to L. 612-7 and L. 631-1. The quality of the candidates shall be assessed on the expiry of the period of correction referred to in the preceding paragraph.
The lists of candidates must be filed with the Minister responsible for higher education no later than the twentieth day before The opening of the poll. The Minister shall conduct an audit of the eligibility of candidates and the compliance of the lists with the provisions of Articles D. 232-1 to D. 232-22. It shall collect the opinion of the national commission provided for in Article D. 232-13 and request, where appropriate, the correction of the non-conforming lists within a time limit fixed by order. On expiry of this period, the Minister shall refuse, where appropriate, by a reasoned decision taken after the opinion of the National Commission, the registration of lists which do not meet the conditions stated above
232-11
Counting is done by the National Commission. The Commission allocates the seats to be filled between the lists in the presence and proclaims the results, which are published in the Official Journal of the French
. 232-12
When at least three seats are vacant, by-elections are held in accordance with the rules applicable to each category of representatives
232-13
The National Commission, chaired by a representative of the Minister responsible for higher education, is made up of delegates from national organisations representing electors, as well as assessors appointed from among the staff of the Ministry of National Education, Higher Education and Research. Following the registration of the lists of candidates, the Commission shall, where appropriate, take up new delegates to ensure the representation of each of the lists in the presence.
The regularity of the elections may be challenged by the Minister responsible for Higher education as well as by any elector before the Administrative Court of Paris, within the period of eight clear days following the publication of the results.
Orders of the Minister responsible for higher education shall lay down the Organisational arrangements and the date of the elections and specify the Composition and remit of the National Commission.
Subsection 2
Operating
D. 232-14
Within the National Council for Higher Education and Research, a permanent scientific committee is responsible for preparing the research work of the Council, as well as for the teaching and education of third parties. Cycle.
The number of members of the Standing Scientific Committee is twenty-three so distributed:
1 ° Twelve members elected on their own by the teacher-researchers, teachers and researchers and similar staff referred to in Article D. 232-3;
2 ° A member elected in their own right by the technical, labour and administrative staff Service referred to in Article D. 232-3;
3 ° Two members elected in their midst by the students referred to in Article D. 232-3;
4 ° Eight persons appointed by the Minister responsible for higher education, including two on a proposal from the Minister responsible for research, two on the proposal of the Director General of the Centre And two on a joint proposal by the Director General of the National Institute of Health and Medical Research and the President of the National Institute of Agronomic
. 232-15
A permanent section of the National Council for Higher Education and Research, composed of twenty members, elected by all the members of the Council, is hereby established:
1 ° Fourteen representatives of staff and staff Students from public institutions of a scientific, cultural and professional nature, namely:
a) Four representatives of teachers, equivalent staff and similar staff;
b) Four representatives of other teaching-researchers, teachers and researchers;
c) Two representatives of administrative staff, Techniques, workmen and service and the scientific body of libraries;
d) Four student representatives;
2 ° Six representatives of major national interests.
Apart from plenary sessions, the permanent section exercises All the powers conferred on the National Council of Higher education and research.
D. 232-16
The National Council, its permanent section, the Standing Scientific Committee and any committees it may constitute within it shall be chaired by the Minister responsible for higher education or his representative
National council shall be convened at least three times a year. One of these sessions is devoted to the budget debate.
The National Council is sitting validly when half of its members are present or represented.
The permanent section is valid when half of its members are Present.
Unless the Minister responsible for higher education decides otherwise, in the event that the Board is unable to pronounce a valid quorum, the Board shall be deemed to have been consulted
232-17
Any member of the National Board of Higher Education and Research, if he or she is prevented from attending a session or absent, may give in writing power of attorney to another member.
No one may hold more than one Power of attorney.
An alternate member shall, on a permanent basis, replace a member who has lost his or her term of office or permanently prevented from performing his or her duties.
In addition, an alternate member may replace for the duration of a meeting of the Board Member State, its permanent section or its committees, a member temporarily prevented from taking part.
D. 232-18
The National Council, its permanent section, its Standing Scientific Committee and its committees are convened by the Minister for Higher Education, who sets the agenda for the sessions.
Any member of the National Council May request in writing that a matter be included in the agenda. The decision shall be taken either by the Minister responsible for higher education or by the national council by an absolute majority of its members.
The Minister responsible for higher education may, on his own initiative or on the request of the The National Council, its permanent section, the Standing Scientific Committee or its committees, invite any competent person, in particular officials from unrepresented ministries, to participate in the meetings with a consultative vote, In a maximum of six per session.
D. 232-19
Each of the items on the agenda of the national council, its permanent section, the Standing Scientific Committee or its committees may be the subject of an introductory presentation by a rapporteur appointed by the Minister responsible for higher education.
The rapporteurs may be selected either from the members of the national council, or from the officials of the Ministry of Higher Education, or from among the members of the various bodies. The State.
The national council, its permanent section or its committee The Standing Scientific Committee may either decide immediately on the report before it or appoint one or more of its members to draw up the draft opinion on which the training will be decided. The opinion must be issued during the session in which the case has been put on the agenda.
The members of the national council may obtain from the Minister responsible for higher education all documents and any information necessary for the exercise The functions of the rapporteur or the preparation of the draft opinions provided for in this Article.
The sittings are not public.
Voting by secret ballot shall be by decision of the President or upon request of one of the members present
232-20
Designations of representatives of the National Council of Higher Education and Research in other organizations take place in a two-round first-past-the-post event. At the request of a majority of the members present, it may also be possible to display the names of the candidates within the limit of the seats to be filled. Candidates on the posted lists are considered elected at the end of the session. However, where at least one fifth of the members in the meeting express their opposition to all or part of a list so constituted and displayed, or where new applications are submitted after the list has been posted, there shall be Use the procedure provided for in the first sentence of this Article.
Members of the Standing Scientific Committee, the Standing Section and the Committees shall be appointed under the same conditions
232-21
A record of each session shall be drawn up in accordance with Article 14 of Decree No. 83-1025 of 28 November 1983 concerning the relations between the administration and the users. The minutes shall be addressed to each member of the National Board of Higher Education and Research.
The organization of the elections to the Council, the secretariat of the meetings and the dissemination of invitations, working papers and Minutes are provided by the departments of the Ministry of Higher
. 232-22
A rules of procedure specifies the operating conditions of the National Council, its permanent section, the Standing Scientific Committee and its committees. It shall be fixed by order of the Minister responsible for higher education after the advice of the National Council on Higher Education and Research.
Section 2
The National Council for Higher Education
and Disciplinary research
Subsection 1
General provisions
Paragraph 1
Composition of disciplinary training
R. 232-23
The National Council for Higher Education and Research in Disciplinary Matters consists of fourteen Incumbent Councillors and fourteen alternates distributed as follows:
1 ° 5 Incumbent councillors and five deputy councillors elected from among the professors of the universities or related staff pursuant to Article 5 of Decree No. 87-31 of 20 January 1987 on the National Council of Universities for the Medical and odontological disciplines or Article 6 of Decree No. 92-70 of 16 January 1992 on the National Council of Universities
2 ° 5 Incumbent councillors and five deputy councillors elected from among the lecturers or Master assistants or heads of work or staff assimilated in accordance with Article 5 of the decree of 20 January 1987, cited above or Article 6 of the decree of 16 January 1992 and among the assistants of higher education;
3 ° Four incumbent advisors and four deputy councillors elected from among the Student representatives.
R. 232-24
The members of the National Council for Higher Education and Research in Disciplinary Matters shall be elected by the elected representatives of the teacher-researchers and students, the members and alternates of the Council The national level of higher education and research, distributed according to their respective electoral colleges.
Elections are held in the multi-member plurality voting system in two rounds or, where only one seat is to be filled, by the single-member vote Majority of two towers. Voting is secret.
Each candidate in the position of incumbent advisor is standing for the vote with a named alternate named.
R. 232-25
The President shall be elected by a two-round first-past-the-post election among the professors of the academic consulting universities, members of the National Council for Higher Education and Research in Disciplinary Matters, by All the advisers holding and alternates, members of this training, teaching-researchers and related personnel pursuant to Article 5 of the Decree of 20 January 1987 or of Article 6 of Decree No 92-70 of 16 January 1992 cited in R. 232-23.
The Vice-President is elected under the same conditions. In particular, he is called upon to replace the President if he is prevented from doing
. 232-26
The incumbents and alternate advisors who make up the disciplinary training are elected for the duration of their term of office as a member of the Board. Their mandate to advise disciplinary training may be renewed.
They remain in office until their successors are designated.
R. 232-27
Where an incumbent advisor loses the quality in respect of which he has been elected or is permanently prevented from performing his or her duties or resigns, he shall be replaced by his alternate, who shall become the holder for the remainder of the term of office Running.
Where an alternate adviser loses the quality of his or her elected office or is permanently prevented from performing his or her duties or resigns, he shall be replaced for the remainder of the term of office, according to R. 232-24.
R. 232-28
When deciding in respect of a teacher-researcher or a teacher, the competent training shall comprise all the qualified tutor-researchers and staff members of a rank equal to or greater than that of the person
Each alternate advisor sits only to replace the prevented incumbent advisor.
R. 232-29
When deciding in respect of a user, the competent training shall include, in addition to the President, a senior adviser referred to in Article R. 232-23 and two incumbent advisers referred to in paragraph 2 of Article R. 232-23, elected , respectively, by the incumbent advisors mentioned at 1 ° and 2 ° of Article R. 232-23.
The training also includes the four incumbent advisors mentioned in R. 232-23.
However, the number of Representatives of users may not be superior to that of teacher-researchers. If, for the purposes of this provision, the representatives of the users cannot all sit, they shall be called to sit in an order determined by the number of votes obtained in the elections to the disciplinary training; Age.
In the absence of an incumbent advisor, he or she is replaced by his or her alternate.
R. 232-30
No one may sit in the formation of judgment or in the training referred to in R. 232-34 if he or she There is a serious reason to question its impartiality.
Paragraph 2
Disciplinary Procedure
R. 232-31
Where a disciplinary section has not been established or where no judgment has been given six months after the date on which the proceedings have been instituted before the competent disciplinary court, the competent authority shall Initiate proceedings refer to the National Council for Higher Education and Research in Disciplinary Training.
R. 232-32
The National Council for Higher Education and Research in Disciplinary Matters Meets on convocation by its President. The decision fixing the date of each session shall be published in the Official Bulletin of the Ministry of National Education.
R. 232-33
Decisions rendered immediately enforceable notwithstanding appeals by disciplinary sections pursuant to Article 39 of Decree No 92-657 of 13 July 1992 on the disciplinary procedure in public institutions of higher education under the supervision of the Minister responsible for higher education may be the subject of a request for Suspension of execution before the National Council of Higher Education
R. 232-34
The application for a stay of execution is, on pain of inadmissibility, presented by a separate motion attached to the appeal. It shall be forwarded immediately by the disciplinary section to the secretariat of the National Council for Higher Education and Research in Disciplinary
. Acting in disciplinary matters may take a decision on this request for limited training, including, in addition to the President, two appointed advisers appointed by the latter. When deciding on a teacher-researcher or teacher, only councillors of a rank equal to or greater than that of the person referred. When deciding in respect of a user, it shall include an adviser designated from among those mentioned in 1 ° and 2 ° of Article R. 232-23 and an adviser designated from among those mentioned in the 3 ° of the same
. Application for a stay of execution to a member of the restricted formation belonging to one of the categories mentioned in 1 ° and 2 ° of Article R. 232-23, which must be of a rank equal to or greater than that of the person referred to A teacher-researcher or teacher. It shall inquire into the matter and may fix the time limit for the submission of comments by interested parties. In the event of non-compliance with this time limit, it has also passed without notice.
The stay may be pronounced if the pleas in the application appear to be serious and capable of justifying the annulment or reformation of the contested
. At any time, the National Council for Higher Education and Research in Disciplinary Matters may terminate the stay.
Decisions granting the stay of execution or termination shall take effect from their Notification to the applicant.
R. 232-35
Training referred to in R. 232-34 May give notice of the withdrawal, reject applications which are not within the competence of the National Council for Higher Education and Research in Disciplinary or Inadmissibility, and find that there is no A decision. The training can then be reconvened without prior instruction.
R. 232-36
The President of the National Council for Higher Education and Research in Disciplinary Matters designates a commission of inquiry for each case Composed of two advisers referred to in 1 ° and 2 ° of Article R. 232-23, one of whom shall be appointed as rapporteur among the members who are to sit on the training of
. Universities or a member of the staff assimilated under Article 5 of the Order dated January 20, 1987, or section 6 of the January 16, 1992 Order, cited in section R. 232-23, the inquiry commission consists exclusively of two counsel referred to in section R. 232-23.
R. 232-37
The Commission Shall hear the case by all means which it deems fit to inform and shall in fact provide a written report containing the statement of facts and means of the parties. This report shall be transmitted to the President within a time limit which he has previously fixed and which may not exceed three months. However, the President may order an additional appraisal if he or she considers that the case is not in a state of trial. The report and the file documents shall be submitted by the Rapporteur to the secretariat of the National Council for Higher Education and Research to be made available to the parties, their counsel and the members of the Board. Ten clear days before the date fixed for the sitting of the judgment. This period shall be reduced to five clear days when the case is subject to the training referred to in Article R. 232-34.
In the case where the court has before it new evidence, the President shall order the reopening of the proceeding In the form prescribed in the preceding paragraph of this Article.
R. 232-38
The President of the National Council for Higher Education and Research in Disciplinary Matters shall convene each of the persons concerned before the Decision-making by registered letter, with a request for Receipt, at least fifteen days before the date of the judgment session. This time limit shall be reduced to seven days when the case is subject to the training referred to in R. 232-34.
At the day fixed for the session, a Secretary shall be appointed by the teacher-researchers in the formation of the judgment. The report of the investigating committee shall be read by the rapporteur or, in the absence thereof, by the Secretary. If deemed necessary, the Chairperson may hear witnesses at the hearing. On his application, the President or the Director of an institution referred to in Articles 2 and 3 of Decree No 92-657 of 13 July 1992, cited in Article R. 232-33 or his representative, shall be heard, as shall the Rector of the Academy or his representative, if he is The author of the disciplinary proceedings or the appeal. The person referred and his or her counsel are heard in their submissions. The person referred to has the floor last.
After the person has withdrawn and his or her counsel has withdrawn, the chairperson will proceed with the matter under advisation and the training referred to in the case.
In the absence of the person referred, the Judgment training shall assess, where appropriate, the reasons given for this absence and, if it considers them to be unwarranted, shall continue to sit. If there is no justification, the procedure is deemed to be contradictory.
R. 232-39
Judgement sessions are held in public. However, the President of the formation of judgment may, on an exceptional basis, decide that the sitting will take place or will continue outside the presence of the public if the safeguarding of public order or the respect of private life or secrets protected by the Law requires it. The President shall ensure the order of the sitting. It may expel any person who does not comply with injunctions, without prejudice to any disciplinary action that may be taken against it.
Sessions are chaired by the President of the National Council of Education In disciplinary matters or in the absence of the oldest incumbent councillor from among those mentioned in Article R. 232-23.
The different types of judgment shall not be validly discharged That if at least half of the members are present.
R. 232-40
If several different sanctions are proposed during the deliberation process, the strongest sanction is put to the vote.
Decisions that issue a sanction are taken by an absolute majority of the members present.
The Vote is secret.
R. 232-41
The decision is made in open session.
The decision must be substantiated. It shall be signed by the President of the sitting and by the Secretary.
It shall be notified by the Minister responsible for higher education to the person against whom the proceedings have been brought, to the authority which brought proceedings and to the President of the Academy, Chancellor of the universities.
The notification to the person concerned shall be by registered letter with a request for notification of receipt. In the case of a minor, notification is also addressed in the same form to persons exercising parental authority or guardianship.
R. 232-42
Decisions are published in the Official Bulletin of the Ministry of Education National. However, no mention is made of the identity of the person sanctioned and, in the case of a user, of his date of birth, that when the sanction imposed is the revocation, the definitive or temporary prohibition of all functions Teaching or research or some of them in any public institution of higher education, the final or temporary exclusion of any public institution of higher education or any of the penalties mentioned in the 2 °, 3 ° and 4 ° of Article 41 of Decree No 92-657 of 13 July 1992 cited in Article R. 232-33.
R. 232-43
The person referred, the president or director of the institution that initiated the proceedings at first instance, the rector of the academy in which the institution is located, and the minister responsible for higher education Can lodge an appeal in cassation before the Council of State.
Subsection 2
Exclusions, disqualifications and disabilities
R. 232-44
The request for recovery pursuant to Articles L. 232-4 and L. 232-6 shall be addressed to the Minister responsible for higher education, who shall transmit it to the President of the National Council for Higher Education and Research Acting in disciplinary matters.
R. 232-45
The application is then forwarded to the President of the Disciplinary Section of the Board of Directors of the public institution of higher education before which the disciplinary procedure which led to the decision in question had been
President of the Disciplinary Section may invite the applicant to provide in writing further details of his current situation and activities since the intervention of the sanction.
The Disciplinary Section In the training corresponding to the applicant's situation at the time of The undertaking of the disciplinary procedure gives a reasoned opinion on the application
232-46
The application, together with the reasoned opinion of the disciplinary section and, where appropriate, the exchange of correspondence with the applicant, shall be forwarded to the National Council for Higher Education and
. Examined by the formation of the National Council for Higher Education and Research in Disciplinary Matters, the composition of which is provided for in Articles R. 232-28 to R. 232-30 and in accordance with the procedure laid down in Articles R. 232-32 to R. 232-39. The terms " The applicant " Are substituted in this case with the words " The person referred to ".
R. 232-47
Recovery decisions are made by a two-thirds majority of the members present. They may, however, decide by an absolute majority to refer the examination of the application to the next session of the National Council for Higher Education and Research in Disciplinary Matters for further consideration
The vote is secret.
R. 232-48
The decision is delivered in open session. The decision must be reasoned. It shall be signed by the President, the Vice-President and the Secretary of the sitting. It shall be notified by the Minister responsible for higher education to the applicant and to the President of the Disciplinary Section of the Board of Directors of the public institution of higher education whose opinion had been sought
Decisions to increase exclusions, disqualifications and disabilities are published in the Official Bulletin of the Department of National Education.
Chapter III
Conference of Heads of Public Institutions
Scientific, Cultural and Professional
Section 1
Conference of University Presidents
D. 233-1
The Conference of Presidents of Universities brings together all the presidents of universities and public institutions of a scientific, cultural and professional nature and reporting to the Minister responsible for higher
. Minister responsible for higher education is the chairman of the law. It elects each year as Vice-Presidents.
D. 233-2
The Conference of University Presidents shall consider issues of interest to all universities and institutions defined in Article D. 233-1. It may submit to the Minister responsible for higher education the wishes and projects relating to these matters.
In addition, the Conference of Presidents shall be called upon to give reasoned opinions on matters referred to it by the Minister responsible for higher education. When these matters are on the agenda of the National Council for Higher Education and Research, the opinion of the Conference of Presidents is communicated to this Council
233-3
The Conference of Presidents of Universities shall adopt its methods of work, including the conditions under which its agendas and the dates of its meetings are set. These shall be chaired by one of the Vice-Presidents.
However, when the Conference of Presidents is called upon to give an opinion on matters referred to it by the Minister responsible for higher education, the latter shall convene it in In
case referred to in the preceding paragraph, the meetings shall be presided over by the Minister or by a representative appointed by the Minister. Each question is the subject of an introductory presentation by a rapporteur appointed by the Minister for Higher Education. The Conference may either decide immediately or appoint one or more of its members to prepare the draft opinion on which it will be called upon to rule. The notice must be given during the session in which the matter has been placed on the
. 233-4
The Conference of University Presidents is a plenary session.
Its sessions are not public.
It can set up committees to prepare its debates.
D. 233-5
The Minister responsible for higher education shall make available to the Conference of Presidents the premises necessary for its operation.
The Conference of Presidents may request the assistance of the Department.
D. 233-6
When the Conference of University Presidents is convened by the Minister, the Secretariat of the meetings shall be provided by the departments of the Department of National Education.
The minutes of each session shall be recorded.
Section 2
The Conference of School and Engineering Education Directors
D. 233-7
The Conference of Directors of Schools and Training of Engineers brings together all heads of institutions and public schools of higher education entitled to issue the title of certified engineer and reporting to the minister responsible
Minister responsible for higher education is the chairman of the law. The Conference of Directors of Schools and Training of Engineers elects Vice-Presidents
233-8
The Conference of Directors of Schools and Training of Engineers studies the issues of interest to all engineering schools defined in Article D. 233-7. It may submit to the Minister responsible for higher education the wishes and projects relating to these matters.
In addition, the Conference is called upon to give reasoned opinions on matters referred to it by the Minister responsible for Higher education.
When these issues are on the agenda of the National Council for Higher Education and Research, the opinion of the conference is communicated to this Council
233-9
The Minister responsible for higher education chairs the meetings of the Conference of Directors of Schools and Training of Engineers. It sets the date and the agenda. In his absence the meetings shall be chaired by one of the Vice-Presidents. Each item on the agenda is the subject of an introductory presentation by a rapporteur appointed by the Minister for Higher Education. The Conference may either decide immediately or appoint one or more of its members to prepare the draft opinion on which it will be required to
. 233-10
The Conference of Directors of Schools and Training of Engineers is a plenary session at least four times a year. Its sessions are not public. It can set up committees to prepare its debates.
D. 233-11
The Minister responsible for higher education shall make available to the Conference of Directors of Schools and Engineers the premises necessary for its operation.
The Conference may request the assistance of the Ministry of Higher
. 233-12
The session secretariat is provided by the departments of the Ministry of Higher Education.
Minutes of each session are drawn up.
Chapter IV
Academic Boards of Education National
Section 1
General
R. 234-1
In the councils of national education established in the academies, the presidents are replaced by the following conditions:
1 ° In case of the prevention of the regional prefect, the Council is chaired by the Rector of the Academy or, when the issues discussed relate to agricultural education, by the Regional Director of Agriculture and
. The Chair of the Regional Council shall be chaired by the Regional Adviser to that effect by the President of the Regional Council.
The alternates of the Presidents, as well as the Regional Director for Maritime Affairs, shall have the Vice-president.
Chairs and Vice-Chairs are members Of the Board. They do not participate in votes.
R. 234-2
In addition to the Presidents and Vice-Presidents, the councils include:
1 ° Twenty-four members representing the region, departments and municipalities: eight regional councillors, eight general councillors and eight mayors or Municipal councillors;
2 ° Twenty-four members representing the staff of the State carrying out their duties in the administrative services and the educational and training institutions of the first and second degree, as well as Public institutions of higher education:
a) Fifteen representatives of administrative and educational staff, one of whom represents at least one of the staff employed in post-baccalaureate education in high schools;
(b) Four Representatives of the staff of public institutions of higher education;
(c) Three representatives of university presidents and heads of public institutions of higher education;
d) Two representatives of the institutions Education and agricultural training on the Regional Committee Agricultural education;
3 ° Eight parents of pupils and three students, the President of the Economic and Social Committee of the region or his representative, six representatives of trade union organisations and six representatives of the organisations Union of employers, including a representative of farm
. 234-3
The members of these councils are appointed under the following conditions:
1 ° Regional advisors are appointed by the Regional Council.
General Counsel are appointed by the General Council. The distribution of the eight seats allocated to the General Advisers is carried out according to the following procedure: each department shall designate a number of representatives equal to the report, rounded to the lower unit, between eight and the number of departments of The Academy. The remaining vacancies shall be assigned to the departments in descending order of their population.
Mayors or municipal councillors shall be appointed by agreement between the departmental associations of mayors or, Elected by the College of Mayors of all departments located within the competence of the Academy at the representation proportional to the highest average without adding or deleting names and without changing the order of presentation. On each list, the seats are allocated to the candidates according to the order of presentation. The vote may take place by correspondence. The College of Mayors is convened by the Prefect. Where there is one or more urban communities in the Academy, one of the seats reserved for mayors shall be occupied by a community councillor elected by the community council or by the councils of the communities meeting for that
. Representatives of the staff are appointed by the regional prefect. To this end, the Academy Rector and the Regional Director of Agriculture and Forestry receive the proposals of representative trade unions in the Academy for staff under the Ministry of National Education and in The region for personnel belonging to the Ministry of Agriculture: they transmit these proposals to the regional prefect. Representatives of the presidents of universities and directors of public institutions of higher education shall be appointed by the prefect of the region on the proposal of the rector
Region: seven for schools under the Ministry of National Education and one for schools under the Ministry of Agriculture. The Academy Rector and the Regional Director of Agriculture and Forestry shall, to this effect, receive proposals from associations representing parents of pupils with regard to establishments within the Ministry of National education and agricultural education and training institutions. They transmit these proposals to the regional prefect. The representativeness of the parents' associations is assessed on the basis of the votes obtained in the elections to the representative bodies of the schools in the
. Region. To this end, the rector, chancellor of the universities, receives the proposals of the representative organisations of the students, which he transmits to the prefect. The representativeness of the student organisations shall be assessed in accordance with the conditions laid down in Article L. 811-3.
Representatives of trade unions of employees and employers shall be appointed by the regional prefect on a proposal from the Representative union organizations in the region.
R. 234-4
For each member of the Academic Board of National Education, the appointment of an alternate member shall be made under the same conditions. The alternate member may sit and be present at the meeting only in the absence of the full member.
On the initiative of one of the Presidents or Vice-Presidents of the Board, may be invited to participate in the sessions, in an advisory capacity, any person whose presence is useful.
However, the agents of the State services In the academy or the services of the region can be heard by the council only after the agreement of the authorities on which they depend
234-5
The term of office of members of the Academic Board of National Education is three years. Any member who loses the quality as a result of which he has been appointed loses his or her quality as a member of the Academic Board of National Education.
In the event of death, vacancy or permanent incapacity, the member shall, within the period of three months and For the duration of the current term of office, to replace members under the same conditions as those set out in R. 234-3.
R. 234-6
The agenda for the sessions of the Academic Council of National Education shall be drawn up jointly by its two Presidents when dealing with matters which fall within the competence of the State and the competence of the community The
Council for National Education shall meet on a joint meeting of its two Presidents on an agenda for matters relating to the Within the competence of the State and the competence of the territorial community or Convocation by one of its chairpersons on an agenda for matters within its competence.
On the request of two-thirds of the members of the Council, and on a fixed agenda, the regional prefect and the chairman of the council Regional shall convene the Academic Board of National Education.
Any questions proposed to the majority of members of the Board shall be included in the
. 234-7
The National Education Academic Board meets at least twice a year.
R. 234-8
The rules of procedure of the Academic Board of National Education are established jointly by the regional prefect and the chair of the regional council and adopted by the
. 234-9
The Academic Board of National Education can be consulted and wishes on any matter relating to the organization and operation of the public education service in the Academy
234-10
The Academic Board of National Education is consulted in particular:
1 ° Under the competences of the State on the general pedagogical structure of secondary schools, special education establishments, maritime vocational schools and agricultural education establishments referred to in Article L. 815-1 of the Code The annual list of operations for the construction or extension of colleges, secondary schools, special education establishments, marine vocational schools and agricultural education establishments referred to in Article L. 815-1 of the Code The general arrangements for the allocation of resources in employment; and Appropriations in appropriations or in kind for teaching expenditure, the guidelines of the academic programme for continuing adult education. As far as higher education is concerned, the Council shall be consulted on the regional aspects of the higher education system and the research provided for in Article L. 614-3 of the Education
. Provisional scheme for the training of colleges, secondary schools, special education establishments, maritime vocational schools and agricultural education establishments referred to in Article L. 815-1 of the Rural Code, which includes the section On agricultural education provided for in Article L. 814-4 of the Rural Code, the Provisional programme for investments in secondary schools, special education establishments, marine vocational schools and agricultural education establishments referred to in Article L. 815-1 of the Rural Code, as well as on the General arrangements for the allocation of grants to these institutions. The Council is also consulted on the regional development plan for higher education, as well as on the academic aspects of the multi-annual research programmes of regional
. 234-11
The Board has a specialized section on higher education. This section is chaired by the Rector and charged when the question is higher education, giving advance notice to the Board.
This notice is given to the Board by the Rector.
R. 234-12
The section includes, in addition to its chairperson:
1 ° Sixteen members selected from among the members referred to in R. 234-2: A representative of the region, a representative of the departments, a representative of the municipalities, a representative of the teaching staff working in the post-graduate classes of secondary schools, a representative of the other staff Secondary school teachers, three representatives of staff of public institutions of higher education, two representatives of university presidents and heads of public institutions of higher education, two representatives of parents Students, two student representatives, a representative of the Trade unions of employers and a representative of employees' trade unions, appointed by the members of the corresponding categories of the plenary assembly;
2 ° The chairman of the Economic and Social Committee of the Region or its representative;
3 ° Five members representing economic, training and research activities:
a) Two representatives of national research organizations, including a representative of the National Centre for Scientific Research;
b) A representative of the heads of public institutions of agricultural or veterinary higher education, or A representative of a national research organization reporting to the Minister responsible for agriculture;
(c) Two personalities chosen because of their expertise.
These five members are appointed by the regional prefect, on a proposal Respectively of the rector for the personalities chosen because of their Expertise and regional delegate to research and technology for representatives of national research
. 234-13
Where the Academy includes at least one coastal department, the Academic Board of National Education has a maritime section.
The Chair is assured that the questions submitted to the Proceedings of the section shall be within the competence of the State or the region, by the regional prefect or the chairperson of the regional council of the region within the geographical jurisdiction of which the academy is
. Region or chair of the regional council, the section is chaired on a case-by-case basis by the Regional Director of Maritime Affairs or the Regional Advisor, Vice-Chair of the National Education
. 234-14
The maritime section of the Board is composed as follows:
1 ° Eight members selected from among the members referred to in R. 234-2:
a) Four members representing the municipalities, departments and regions designated by the members of the Council belonging to this category;
b) Two members representing the staff appointed by the Prefect of the regions on the proposal of the Most representative trade union organisations in the region transmitted by the Regional Director for Maritime Affairs;
(c) Two members' representatives, including a representative of the parents of pupils appointed by the prefect on the proposal of the Regional Director for Maritime Affairs and the Chairman of the Committee Economic and social of the region;
2 ° Eight representatives of the maritime sector:
a) Three members representing the staff of the maritime and aquaculture schools and, where applicable, the staff of the national merchant marine schools appointed by the regional prefect on the proposal of the trade unions The most representative in the region or for teachers of maritime education on the proposal of the inspector general of maritime education;
b) A representative of the parents of pupils appointed by the regional prefect on the proposal of the Most representative marine union organizations in the region Or a student on a proposal from the organisations representing the students of the national merchant marine schools;
(c) Two representatives of the trade union organisations appointed by the regional prefect on the proposal of the Most representative trade union organisations in the region;
d) Two representatives of employers'organisations appointed by the regional prefect on the proposal of representative employers' organisations in the region
Regional Maritime Affairs receives, for this purpose, the proposals and the Transmits to the region prefect.
R. 234-15
The maritime section of the board gives an opinion as a last resort on issues specific to maritime education.
For other matters having a maritime impact, the section gives advance notice of any examination by the Advice.
This notice is reported to the Board by the Chair of the Section.
The representatives of the maritime sector within the Section may attend the Board's discussions with an advisory voice.
Section 2
Special Arrangements
Subsection 1
Inter-Academic Council From Ile-de-France
R. 234-16
The provisions of Articles R. 234-1 to R. 234-12 apply to the Inter-Academic Council of the Ile-de-France competent for the academies of Paris, Créteil and Versailles, subject to the provisions of the articles of this Subsection.
R. 234-17
The Inter-Academic Council of Ile-de-France is chaired, depending on whether the issues subject to the deliberations of the Council are the competence of the State or the region of Ile-de-France, by the prefect of the Ile-de-France region or the President In
event of the prevention of the regional prefect, the council is presided over by the rector of the Paris Academy, or when the questions submitted for deliberation concern exclusively either the Academy of Versailles or the academy of Créteil, by the Rector of the Academy concerned. Where the matters examined relate exclusively to agricultural education, the Council shall be chaired, in the event of the prevention of the regional prefect, by the Regional Director for Agriculture and the Forest of the Ile-de-France
Chair of the Regional Council, the Board shall be chaired by the Regional Adviser delegated to that effect by the Regional Council.
Alternates of the Chairs shall be Vice-Chair.
The Chairs and Vice-Chairs shall be members of the Advice. They do not participate in votes.
R. 234-18
In addition to the Presidents and Vice-Presidents, the Inter-Academic Council of Ile-de-France includes:
1 ° Twenty-seven members representing the region, departments and municipalities: 10 Regional Advisers, seven General Advisors, on the basis of a General Counsel by Department other than the Paris Department, five Paris Councillors and five mayors or municipal councillors;
2 ° Twenty-seven members representing The staff of the State carrying out their duties in the administrative services and the educational and training institutions of the first and second degree and the public institutions of higher education:
a) Fifteen representatives of administrative and educational staff, including at least one representative of the teaching staff working in the post-graduate classes of secondary schools;
b) Six Representatives of higher education personnel;
(c) Four representatives of university presidents and heads of public institutions of higher education;
(d) A representative of administrative services and institutions Public education and agricultural training on the Committee Regional agricultural education;
e) A representative of the staff of public institutions of agricultural or veterinary higher education;
3 ° Eight parents of pupils and six students, the chairman of the Economic and Social Committee of the Region of Ile-de-France or its representative, six representatives of trade union organisations and six representatives of employers' trade unions, including a representative of farm
. 234-19
Members of the Ile-de-France Inter-Academic Council are appointed under the following conditions:
a) Regional advisors are appointed by the Regional Council;
(b) General advisors in departments other than the one Of Paris are appointed by their General Council. The councillors of Paris are appointed by the Paris Council;
(c) Mayors or municipal councillors are appointed by agreement between the departmental associations of mayors or, failing that, elected by the college of mayors of all Departments located within the jurisdiction of the three academies under the conditions laid down in the third paragraph of Article R. 234-3;
d) The representatives of the staff are appointed by the prefect of the region of Ile-de-France. To this end, the rector of the Paris Academy received the proposals of the representative trade unions in the academies of Paris, Créteil and Versailles. He transmits these proposals to the prefect of the region. The Regional Director for Agriculture and Forestry receives, under the same conditions, the proposals of the trade union organisations representative of the employees under the Ministry of Agriculture in the Ile-de-France region and transmits them to the Reeve. Representatives of university presidents and heads of public institutions of higher education are appointed by the prefect of the region on the proposal of the rector of the Paris Academy;
e) Representatives of the parents of pupils are Appointed by the prefect of the Ile-de-France region: seven for schools under the Ministry of National Education and one for schools under the Ministry of Agriculture. To this end, the Rector of the Paris Academy and the Regional Director of Agriculture and Forestry receive the proposals of the associations of parents of representative pupils in each of the three academies and in the region of Ile-de-France and Transmit them to the regional prefect. The representativeness of the associations of parents of pupils is assessed according to the votes obtained in the elections to the representative bodies of agricultural education establishments in the region of Ile-de-France;
(f) Representatives of the Students are appointed by the prefect of the region of Ile-de-France. To this end, the rector, chancellor of the universities of Paris, receives the proposals of the organizations representative of the students in the three academies. The representativeness of these organisations is assessed in accordance with the conditions laid down in Article L. 811-3;
g) Representatives of trade union organisations of employees and employers are appointed by the Prefect of the Ile-de-France region on Proposal of employee and employer representative organizations in the region
234-20
In the Inter-Academic Council of Ile-de-France, a specialist section on higher education is responsible, when the question is for higher education, to give a prior opinion to that of the Council. This notice is given to the Board by the Rector.
This section is chaired by the Rector of the Paris Academy or when the issues subject to deliberation are exclusively concerned with the Academy of Versailles, or the Academy of Créteil, by the rector of the relevant academy.
R. 234-21
The section includes, in addition to its Chairperson:
1 ° Twenty-six members selected from among the members referred to in R. 234-18: Four representatives of the region of Ile-de-France, a representative of the departments, a representative of the municipalities, a representative of the teaching staff working in the post-graduate classes of secondary schools, a representative of the Other staff of secondary schools, six representatives of staff of public institutions of higher education, four representatives of university presidents and heads of public institutions of higher education, two Representatives of parents of students, two student representatives, Two representatives of trade union organisations, two representatives of employers' trade unions. These representatives shall be appointed respectively by the members of the corresponding categories of the plenary assembly;
2 ° The President of the Economic and Social Committee of the Ile-de-France region or his representative;
3 ° Seven members Representing economic, training and research activities: Four representatives of national research organizations, including a representative of the National Centre for Scientific Research, a representative of the heads of public establishments of agricultural or veterinary higher education or a representative A national research body under the minister responsible for agriculture, two personalities chosen because of their competence.
These seven members are appointed by the regional prefect on the proposal of the rector of Paris, respectively. The personalities chosen because of their competence and the delegate Regional research and technology of Ile-de-France for representatives of national research organizations.
Subsection 2
Corse Academy National Education Council
R. 234-22
The provisions of Articles R. 234-1 to R. 234-15 shall apply to the National Education Council of the Academy of Corsica, subject to the provisions of this
. 234-23
In view of the powers conferred by Articles L. 4424-1 to L. 4424-5 and L. 4424-34 of the General Code of Local and Regional Authorities, the National Education Council of the Academy of Corsica can be consulted in the fields Concerning the organisation and functioning of the public education service in the Academy and, in these areas, express any wish that it deems
. 234-24
The National Education Council of Corsica is consulted in particular:
1 ° Under the competences of the State on the general arrangements for the allocation of teaching expenditure to colleges, secondary schools, vocational schools, special education establishments, vocational schools Maritime and agricultural education establishments referred to in Article L. 815-1 of the Rural Code, the orientations of the academic programme for continuing adult education;
2 ° In respect of the competences of the territorial Community of Corsica on the School board of colleges, high schools, schools Vocational training, special education establishments and information and referral centres, maritime vocational schools and agricultural education establishments referred to in Article L. 815-1 of the Rural Code, the modalities The general pedagogical structure of the institutions mentioned above, as well as the determination of additional educational activities;
3 ° Higher education, on the convention provided for in Article L. 4424-3 of the general code of territorial communities between the territorial community, the state and the University of Corsica. The Board is regularly informed by the Rector of the implementation of the higher education card and university research activities.
Subsection 3
National Education Councils in the Overseas academies
R. 234-25
Sections R. 234-1 to R. 234-15 and R. 235-1 to R. 235-11 apply in the overseas regions and departments, subject to the provisions of this subsection.
R. 234-26
The National Education Council, depending on whether the issues submitted for deliberation are the competence of the State, the region or the département, is chaired by the regional prefect, the President of the Regional Council or the President The
of the Councils of National Education shall be replaced by the following conditions:
the prefect of the region is unable to attend, the council is presided over by the academy rector or, if he is unable to do so, by the inspector of the academy, director of the departmental services of national education. Where the matters examined relate to agricultural education, the Prefect shall be replaced by the Departmental Director of Agriculture
2 ° In the event of the incapacity of the President of the Regional Council, the National Education Council shall be chaired by A regional adviser delegated to that effect by the President of the Regional Council
3 ° In the event of the incapacity of the President of the General Council, the National Education Council shall be chaired by a general adviser delegated to that effect by the President The General Council.
The alternates of the Presidents and the Departmental Director of Maritime Affairs have the capacity of Vice-President. Chairs and Vice-Chairs are members of the Board. They do not participate in votes.
R. 234-27
In addition to the Chairs and Vice-Chairs, the Board includes:
1 ° Twenty-two members representing the region, the department and the municipalities: Eight regional councillors appointed by the Regional Council, eight General Councillors appointed by the General Council, and six mayors or municipal councillors be appointed by the Association of Mayors of the Department, or, if there is no Of association of mayors or if there are several, elected by the College of Mayors under the conditions laid down in the third paragraph of Article R. 234-3;
2 ° Twenty-two members representing the holders of the State exercising their Functions in administrative services and educational institutions And the training of the first and second degree and public institutions of higher education:
a) Fifteen representatives of administrative and educational staff, including at least one representative of teaching staff working in the post-graduate classes of high schools;
(b) Four Representatives of the staff of public institutions of higher education;
(c) A university president or his representative;
d) Two representatives of the agricultural education and training institutions on the regional committee Agricultural education;
3 ° Seven parents of students and three Students, the President of the Economic and Social Committee of the region or his representative, five representatives of trade union organisations, five representatives of trade unions of employers, including a representative of the operators And a representative of the complementary associations of public
. 234-28
For each member of the National Education Council, the appointment of an alternate member shall be made under the same conditions. The alternate member shall sit and be present at the meeting only in the absence of the full member.
With the exception of the Chair of the Economic and Social Committee of the region, the members of the Council listed at 2 ° and 3 ° of Article R. 234-27 That their alternates shall be appointed under the conditions laid down in Article R. 234-3.
Headquarters, in addition, on an advisory basis, a departmental delegate of national education appointed by the prefect. The inspector of the academy, director of the departmental services of national education, receives the proposals of the departmental president of the delegations and forwards them to the prefect.
On the initiative of one of the presidents or Vice-Presidents of the Board may be invited to participate in the sessions on an advisory basis to any person whose presence appears to be useful. However, agents of the State, the department or the region may be heard by the Council only after the agreement of the authorities on which they depend
234-29
For the purposes of the provisions of R. 234-15, the Departmental Director of Maritime Affairs is substituted for the Regional Director of Maritime Affairs.
In addition, where there is no professional marine secondary school Within the competence of the National Education Council, the members of the specialised section representing pupils' staff and parents shall be replaced by four qualified persons in the field of maritime education, appointed by the Prefect on the proposal of the Departmental Director of Business
R. 234-30
The National Education Council meets on the joint convocation of its three chairmen on an agenda on matters falling within the competence of the State, that of the region and of the Department, or On the convening of one of its chairpersons on an agenda for matters falling within its sole competence.
The agenda for the meetings of the National Education Council shall be adopted jointly by its three Presidents when it Addresses issues that fall within the competence of the State, that of the region
the request of two-thirds of the members of the council, and on a fixed agenda, the regional prefect, the chairman of the regional council And the President of the General Council shall convene the National Education Council.
Any questions proposed by a majority of the Board members shall be included in the agenda.
The National Education Council shall be convened at least twice The
of procedure of the National Education Council shall be established by the Regional Prefect, the President of the Regional Council and the President of the General Council and adopted by the Board
234-31
It is established within each national education council in Guadeloupe, French Guiana, Martinique and Réunion, a section specialised in higher education. This section is chaired by the Rector and is responsible, when the question is for higher education, to give advance notice to that of each Board. This notice is given by the Rector.
R. 234-32
The section includes, in addition to its Chairperson:
1 ° Eleven members chosen from among the members referred to in Article R. 234-27 a representative of the region, a representative of the department, a representative of the municipalities, a representative of the teaching staff carrying out their duties in the Post-graduate classes in high schools, two representatives of public institution staff of higher education, a university president or his representative, a representative of the parents of pupils, a representative of the students, a representative of the students. Trade unions of employers and a representative of Trade unions of employees, appointed by the members of the corresponding categories of the plenary assembly;
2 ° The chairman of the economic and social committee of the region or its representative;
3 ° Three members Representing economic, training and research activities: A representative of national research organizations, a representative of the heads of public institutions of agricultural or veterinary higher education or a representative of a national research organization reporting to the Minister responsible for Agriculture, as well as a personality chosen because of its skills. These three members are appointed by the regional prefect, on the proposal of the rector for the personality chosen because of his powers and the Regional Delegate for Research and Technology for the representative of national organizations of Searches.
R. 234-33
A La Réunion, the specialized section meets at least once a year upon convocation by one of the presidents or the rector.
In Guadeloupe, French Guiana and Martinique, the three specialized sections must jointly examine The questions submitted to them. They shall meet at least once a year upon convocation by the Rector, at the request of one of the Presidents or the Rector, alternately in Guadeloupe, French Guiana and Martinique. The prepared notices are submitted to each board for advice.
Section 3
Contentious and Disciplinary Provisions
Subsection 1
General Provisions
R. 234-34
The four representatives of the public education staff of the first and second degree, referred to in Article L. 234-2, 3 °, are elected by the Academic Board of National Education sitting in contentious training and In the following manner:
A list of four teachers holding national education is drawn up by the two-round majority voting by the fifteen members of the Ministry of National Education and representing the staff Holders of the State, administrative services and educational and training institutions of the first and second degree;
This submission list is subject to the approval of the Academic Board of National Education, in its Plenary training set by Article R. 234-2;
In case of rejection of the List presented, the council proceeded without prior presentation, in plenary training, in the election of the four teachers holding the national education, in the multi-member plurality voting at two
. 234-35
The professional elections on the basis of which the representativeness of the trade union organisations referred to in Article L. 234-2 are determined are the elections to the departmental joint consultative committees and to the Joint academic commissions created respectively by Articles 8 and 9 of Decree No. 60-745 of 28 July 1960 on the financial conditions (personnel and equipment) of the classes under contract of association
234-36
In the event of a vacancy for any cause from the seat of a representative of the public education staff of the first and second degree, it shall, until the renewal of the council, be replaced by an elected representative Under the conditions laid down in Article R. 234-34.
In the event of a vacancy for any cause, be it the seat of a representative of the teaching staff of the private educational institutions under contract or of the representative of the staff of Leadership in non-contract private educational institutions, Shall be replaced under the conditions set out in R. 234-35.
R. 234-37
The Board shall be seized by the Rector of the Academy when it is called upon to exercise the powers referred to in Article L. 234-3.
The Rector of the Academy shall appoint a Rapporteur from among the members of the Board. When the case is in progress, the Rector of the Academy will put it in the role of the next session of the Board and set the day on which it will be called in session. He shall call upon the person concerned, informing him that he will be able to be assisted by a defender and to acquit himself of the file. The notice period shall not be less than 15 days; the report shall be available to the person concerned at least eight days before the day fixed for deliberation.
Where the Board is required to rule on the objection to the opening Private educational institutions, the date of the sitting for the judgment shall be held within one month of the notification of the opposition.
Only in the first part of the sitting, in addition to the members of the Board, shall be present. The person concerned and possibly his counsel and witnesses. After the person concerned and possibly his counsel have been invited to submit their observations, the Board shall deliberate in secret
234-38
Where the Board acts in the matters referred to in 1 °, 2 ° and 3 ° of Article L. 234-3, the period of appeal shall be two months from the day on which the person concerned has received notification of the decision. When the Board decides in the material referred to in 4 ° of Article L. 234-3, the appeal period is ten days.
Subsection 2
Specific provisions
to the Ile-de-France Interacademic Council
R 234-39
In addition to the President, the Inter-Academic Council of Ile-de-France in contentious and disciplinary training includes:
1 ° A representative of the university presidents appointed by the Rector of the Paris Academy;
2 ° Three regional education inspectors and one inspector of national education appointed by the Rector of the Academy Paris;
3 ° Five representatives of the staff of public education of the first and second degree elected by the Inter-Academic Council of the National Education of Ile-de-France among the teaching staff holding education National;
4 ° Four representatives of teachers' staff Private educational institutions under contract, appointed by the Rector of the Paris Academy on the proposal of the most representative trade unions, in proportion to the results of the professional elections found in each Academy and grouped at the inter-academic level, and a representative of the management staff in office in the non-contractual private educational institutions, appointed by the Rector of the Paris Academy, on the proposal of the most Representative.
When the Board exercises jurisdiction In relation to private higher education, an administrator of a private institution under this teaching, appointed by the Rector of the Paris Academy, is an assistant.
Prior to each appointment under the 1 °, 2 ° and 4 ° above, the Rector of the Paris Academy consults with the rectors of the academies of Créteil and Versailles
234-40
For the designations provided for in Article R. 234-39, a presentation list of five teachers holding national education shall be drawn up by the two-round majority vote by the fifteen representatives of the Administrative and educational staff. This presentation list is subject to the approval of the Ile-de-France Inter-Academic Council in its plenary session as set out in Article R. 234-18. In the event of a rejection of the list presented, the Board shall, without prior presentation, proceed to the election of five teachers who hold the national education in the multi-member majority voting system in two
. 234-41
The professional elections on the basis of which the representativeness of the trade union organisations referred to in Article R. 234-31 are determined are the elections to the departmental joint committees and the joint committees Articles 8 and 9 of Decree No. 60-745 of 28 July 1960 on the financial conditions of operation (personal and material) of the classes under contract of association
234-42
When the Ile-de-France Inter-Academic Council exercises the competences listed in Articles L. 234-3 and L. 234-6, it is chaired by the Rector of the Paris Academy. However, when the issues submitted for deliberation concern exclusively either the Academy of Versailles or the Creteil Academy, it is presided over by the Rector of the Academy concerned
234-43
When the Ile-de-France Inter-Academic Council sits in contentious and disciplinary training, the provisions of Articles R. 234-36 and R. 234-38 are also applicable.
Chapter V
The Boards Department of National Education
Section 1
General
R. 235-1
The chairmen of the national education councils established in the departments are replaced by the following conditions:
1 ° In the event of the prefect of the département, the council is presided over by the inspector of the academy, director of the departmental services of national education;
2 ° In the event of the incapacity of the President of the General Council, the Council is Chaired by the General Counsel delegated to this effect by the Chair of the General Council.
Alternates of Chairs are Vice-Chairs.
Chairs and Vice-Chairs are members of the Boards of Directors. They do not participate in votes.
R. 235-2
In addition to the Presidents and Vice-Presidents, the councils include:
1 ° Ten members representing the municipalities, the department and the region: Four mayors appointed under the conditions laid down in Article R. 235-3, five General Councillors appointed by the General Council, a regional councillor appointed by the Regional Council;
2 ° Ten members representing the holders of the The State carrying out their duties in the administrative services and the educational and training institutions of the first and second degrees situated in the département and appointed under the conditions laid down in Article R. 235-3;
3 ° Ten members Representing users, including seven parents of designated students in the Conditions laid down in Article R. 235-3, a representative of the complementary associations of public education appointed by the prefect on the proposal of the inspector of the academy, director of the departmental services of national education, and two Appointed by virtue of their competence in the economic, social, educational and cultural fields, one by the prefect of the department, the other by the President of the General
. 235-3
Mayors are appointed by the departmental association of mayors or, failing that, elected by the college of mayors of the department to proportional representation at the highest average, without adding or deleting names and without Changing the layout order. On each list, the seats are allocated to the candidates according to the order of presentation. The vote may take place by correspondence. The mayors' college is convened by the prefect.
If one or more urban communities exist in the department, one of the four seats reserved for mayors is occupied by a community councillor elected by the community council or by The councils of the communities meeting for this purpose.
The representatives of the staff are appointed by the prefect of the department. The inspector of the academy, the director of the departmental services of national education, receives the proposals from the representative trade unions in the department and forwards the proposals to the prefect
Parents of pupils are appointed by the prefect of the department. The inspector of the academy, director of the departmental services of national education, receives the proposals from the associations of parents of representative pupils in the department and forwards them to the prefect. The representativeness of the associations of parents of pupils is assessed according to the number of votes obtained in the department during the elections of the parents of pupils in the representative bodies of
. 235-4
For each member of the National Education Council, the appointment of an alternate member shall be made under the same conditions. The alternate member may sit and be present at the meeting only in the absence of the full
. 235-5
In addition, in an advisory capacity, a departmental delegate of national education appointed by the prefect of the department. The inspector of the academy, the director of the departmental services of national education, receives the proposals of the departmental president of the delegations and forwards them to the prefect.
One of the presidents or vice-presidents may invite To attend the meetings, with a consultative vote, any person whose presence appears to him to be useful. However, the agents of the State services in the department or departments of the department may be heard by the Council only after the agreement of the authorities on which they depend
235-6
The terms of office of the incumbent and alternate members of the departmental council of national education are three years. Any member who loses the quality as a result of which he or she has been appointed ceases to be a member of the Board.
In the event of death, vacancy or permanent incapacity, the member shall be appointed within the three-month period and for the duration of the current term of office, Replacement of members under the same conditions as in R. 235-3.
R. 235-7
The agenda for the meetings of the departmental board of national education shall be drawn up jointly by the two Presidents when dealing with matters which fall within the competence of the State and the competence of the community The
council for national education shall meet on a joint meeting of its two chairpersons on an agenda on matters which Fall within the competence of the State and the competence of the community
the request of two-thirds of the members of the Council and on a fixed agenda, the prefect of the department and The President of the General Council shall convene the National Education Council.
Any questions proposed to the majority of the Board members shall be included in the
. 235-8
The National Education Council meets at least twice a year
235-9
The rules of procedure of the departmental board of national education shall be drawn up jointly by the prefect and the President of the General Council and adopted by the Council
235-10
The Conseil départemental de l' éducation nationale can be consulted and wishes on any matter relating to the organisation and operation of the public education service in the department
235-11
The Departmental Council for Education is consulted in particular:
1 ° As regards the competences of the State;
(a) On the distribution between the municipalities concerned, in the absence of an agreement between them, of the charges of nursery schools, children's classes and public elementary schools;
(b) On the Distribution of teachers' jobs in nursery and public elementary schools;
(c) On the model regulation of nursery and elementary schools;
(d) On the general pedagogical structure of the colleges of the department;
(e) General arrangements for the allocation of means of employment and Financial allocations, or in kind, for the teaching expenditure of the colleges of the department;
(f) On the amount of the housing allowance allocated in each municipality to the teachers;
2 ° As regards the competences of the department:
(a) On the organisation and operation of school transport;
(b) On the estimated programme of investment in colleges;
(c) On the general terms and conditions for awarding grants to the colleges of the Department.
Section 2
Special Terms in the Department of Paris
R. 235-12
The Conseil de l' éducation nationale instituted in the department of Paris is presided, according to whether the matters submitted for deliberation are the competence of the State or the department, by the prefect of the department of Paris or by the mayor of Paris. Paris.
In the event of the prefect being prevented, the Council is presided over by the Rector of the Paris Academy or, in the event of the latter's incapacity, by the Director of the Paris
. By a Paris adviser delegated to that effect by the Mayor
Chairs have the capacity of Vice-Chair.
Chairs and Vice-Chairs are members of the Board. They do not participate in votes.
R. 235-13
In addition to the Chairs and Vice-Chairs, the Board includes:
1 ° Ten counsellors in Paris, including four mayors of the district;
2 ° Ten members representing the staff of the State holding office in the administrative services and educational and training institutions of the First and second degree located in the department;
3 ° Seven parents of pupils, one representative of the complementary associations of public education and two personalities appointed on the basis of their competence in the economic, social, Educational or cultural.
R. 235-14
The members of the National Education Council of Paris are appointed under the following conditions:
1 ° The Paris councillors are appointed by the Paris Council.
2 ° Representatives of the staff of the institutions School are appointed by the prefect of the department of Paris. To this end, the Director of Academic Services of the National Education of Paris receives the proposals of the representative trade unions in the department and forwards them to the prefect
Appointed by the prefect of the department of Paris. To this end, the Director of Academic Services of the National Education of Paris receives the proposals from the associations of the parents of representative pupils in the department and forwards them to the prefect. The representativeness of the associations of the parents of pupils is assessed according to the votes obtained in the elections to the representative bodies of the schools in the department. The representative of the complementary associations of public education is appointed by the prefect of Paris on the proposal of the Director of Academic Services of the National Education of Paris. The two personalities are appointed, one by the prefect of the département, the other by the mayor of Paris.
For each member holding the national education council, the appointment of a member is carried out under the same conditions. Substitute. The alternate member may sit and be present at the meeting only in the absence of the full
. 235-15
Headquarters, in addition, in an advisory capacity, a departmental delegate of national education designated by the prefect of the department of Paris. The Director of Academic Services of the National Education of Paris receives the proposals of the Departmental Chair of the Delegations and forwards them to the Prefect.
One of the Presidents or Vice-Presidents may invite to attend the Meetings, with a consultative voice, any person whose presence appears to him to be useful. However, the agents of the State services in the department or departments of the department may be heard by the Council only after the agreement of the authorities on which they depend
235-16
The provisions of Articles R. 235-1 to R. 235-11 also apply to the National Education Council of Paris subject to the articles in this section.
Section 3
Special Provisions to the Corsican territorial community
R. 235-17
The provisions of Articles R. 235-1 to R. 235-11 shall apply to the National Education Council of each of the two departments of the territorial Community of Corsica, subject to the provisions relating to Colleges that report to the National Education Council of the Corse Academy in accordance with the provisions of Articles R. 234-22 to R. 234-24.
Chapter VI
Common provisions
to collegial bodies National and Local
This chapter does not Includes no regulatory provisions.
Chapter VII
Advisory and jurisdictional relations in education-economy and vocational training relations
Section 1
National instances
Subsection 1
Top Education-Economy-Employment Committee
D. 237-1
The Higher Education and Economy Committee, placed with the Minister responsible for education and higher education, is responsible for establishing a permanent dialogue between national education and its economic partners in order to ensure A forward-looking reflection on the links between the whole educational system, the economy and employment, and to inform the decision-making of the various actors in charge of these
. 237-2
The High Committee shall submit to the Minister responsible for education and higher education measures to improve the education-economy-employment relationship. To do so, it provides a forum for discussion and debate, in particular with the relevant ministries and staff. It adopts its programme of work on an annual basis. It takes any initiative and has studies on education, the economy and employment. It can also make it happen on its own initiative. The Minister may, in the same manner, seize or be seized by the Minister of any problem related to his or her jurisdiction. It meets at least once a year and can create working groups as needed.
D. 237-3
The High Committee consists of forty-one members appointed by the Minister for Education for a renewable term of three years:
1 ° Ten-eight representative of employers' representative professional organisations and Trade unions of employees as well as associations of students and associations of students nominated on the proposal of their respective organisations. These organizations may each designate an alternate;
2 ° The Director General of the Administration and the Public Service or his or her representative;
3 ° The Directors of the following central and public administrations or their Representatives:
a) The Director of Forecasting of the Ministry of Economy, Finance and Industry or its representative;
b) The Director of Research, Studies and Statistics of the Ministry of Employment and Solidarity Representative;
c) The Director of Evaluation and Prospective of the Department of National Education or his/her representative;
d) The Director General of Education and Research, Ministry of Agriculture and Fisheries, or his/her Representative;
e) The General Delegate for Employment and Professional Training, or Its representative;
f) The Director of the Centre for Studies and Research on Qualifications or his representative;
g) The Commissioner of the Plan or his representative;
h) The Director of the National Employment Agency or his representative ;
4 ° Fourteen qualified persons chosen for their competence in education, economy and employment. The Chair of the High Committee shall be chosen by the Minister responsible for Education from among these qualified
. 237-4
Any member of the high committee who, before the end of his or her term of office, ceases to meet the conditions under which he or she has been appointed or resigns is replaced for the remainder of the term of
. 237-5
The High Committee may invite French and foreign experts as appropriate. The services and institutions under the supervision of the Ministry of National Education shall communicate to the High Committee, at its request, the data relevant to the performance of its mission
237-6
The Directorates of the Department of National Education, as well as the institutions under the supervision of this Ministry, participate as required in the work and meetings of the High Committee
237-7
The functions of the members of the committee are free of charge. The costs of travel and stay of the members of the High Committee in the course of their work shall be reimbursed under the conditions laid down by the regulations in force in the public
. 237-8
The Secretariat of the High Committee is provided by the Education-Economy-Employment Mission to the Evaluation and Prospective Direction of the Department of National Education.
Subsection 2
The Interdepartmental Committee on Vocational Training and Employment and the National Council for Vocational Training, Social Promotion and Employment
R. 237-9
The provisions relating to the Interdepartmental Committee on Vocational Training and Employment and the National Council on Vocational Training, Social Promotion and Employment are laid down in Articles R. 910-1 to R. 910-10 of the Labour Code.
Section 2
Regional and Departmental Instances
R. 237-10
The provisions relating to the permanent regional group on vocational training and social promotion are laid down in Articles R. 910-12 and R. 910-13 of the Labour Code and those relating to the Regional Coordination Committee Employment and vocational training are set out in articles R. 910-14, R. 910-15 and D. 910-1 of the Labour
. 237-11
The provisions relating to the Regional Coordinating Committee on Employment and Vocational Training in the Overseas Regions are laid down in Articles D. 910-17 to D. 910-19 of the Labour
. 237-12
The provisions relating to the departmental employment committee are laid down in Articles D. 910-7 to D. 910-13 of the Labour
. 237-13
The composition of the specialised section of the departmental employment committee provided for in Article L. 237-2 of this Code is set by the provisions of Article D. 910-15 of the following code of work:
" Art. D. 910-15. -The specialised section provided for in the second subparagraph of Article L. 237-2 of the Education Code shall, on behalf of the Committee, exercise the disciplinary powers conferred on it by the laws in force, in particular Article L. 914-6 of the Code of Education, The first paragraph of Article L. 237-2 of the Education Code and Article L. 116-6 of the Labour Code. It has, in this case, the character of an administrative tribunal and has an appeal to the Higher Council for
. This specialized section is chaired by the inspector in charge of technical education, on mission in the department, and includes, in addition to the president, seventeen members:
" 1 ° Five administration representatives;
" 2 ° Six representatives of public and private lessons;
" 3 ° Three representatives of the most representative employee trade unions;
" 4 ° Two representatives of the most representative employers' trade unions.
" The representation of employers shall be supplemented, depending on the nature of the activity of the establishment under the responsibility of the staff concerned, by a representative of the trade chambers or a representative of the chambers of commerce and industry or a representative of the chambers of commerce or industry. Representative of the chambers of agriculture. "
D. 237-14
For the overseas departments, the composition of the specialised section of the departmental employment committee provided for in Article L. 237-2 of this Code is laid down in the provisions of Article D. 910-20 of the Labour Code below Reproduced:
" Art. D. 910-20. -A specialised section is hereby established under the second paragraph of Article L. 237-2 of the Education
. The specialised section shall exercise, on behalf of the Regional Coordinating Committee on Employment and Vocational Training, the disciplinary powers conferred on it by the laws in force, in particular Article L. 914-6 and the first paragraph of Article L. 234-2 of the Education Code. It has, in this case, the character of an administrative tribunal and has an appeal to the Higher Council for
. This specialized section is chaired by the inspector for technical education, in residence in the department.
" It includes, in addition to the President, seventeen members, appointed by the regional prefect:
" 1 ° Five administration representatives;
" 2 ° Six representatives of public and private lessons;
" 3 ° Three representatives of the most representative trade union organisations in the region;
" 4 ° Two representatives of employers' associations representative of the region.
" The representation of employers shall be supplemented, depending on the nature of the activity of the establishment under the control of the staff concerned, by a representative of the trade chamber (s) or by a representative of the Chamber (s) of commerce and Industry or a representative of the Chamber (s) of agriculture. "
Section 3
The Special Learning Tax Commission
R. 237-15
The Special Commission on the Learning Tax provided for in Article 227 of the General Tax Code is composed as follows:
1 ° A State Councillor, President, appointed on the proposal of the Vice-President of the Council of State;
2 ° An active or honorary member of the body of administrative tribunals and administrative courts of appeal appointed on the proposal of the President The Higher Council of Administrative Tribunals and Administrative Courts of Appeal;
3 ° A judge of the regional chambers of the accounts appointed on the proposal of the President of the Higher Council of Regional Audit Chambers;
4 ° Six Technology Education Advisors, selected in accordance with the Parity between employers and employees.
The members of the Commission shall be appointed by the Minister responsible for education for a renewable period of five years.
Each member shall have an alternate appointed under the same conditions
237-16
The Special Commission on the Learning Tax shall appeal the decisions of the specialised committees of the departmental employment committees where the amount of the exemption applied for in the first instance exceeds 150 EUR.
R. 237-17
The Special Learning Tax Commission takes a section or a plenary session.
There are three sections. They shall each be presided over by one of the persons mentioned in 1 °, 2 ° and 3 ° of Article R. 237-15 and shall also include two assessors taken from among the members referred to in Article R. 237-15, on the basis of an employer and an employee
237-18
The Chairman of the Special Commission on Learning Tax assigns members to the sections. It allocates the cases between them and designates the rapporteurs. The proceedings referred to by the Chairman of the Commission and those referred to it by the Sections shall be submitted to the plenary
. 237-19
Decisions of each judgment formation are made by a majority of its members. In the event of an equal division of votes, the Chair shall be paramount.
R. 237-20
The Secretary-Registry of the Special Commission on Learning Tax is provided by officials of the Department of National
. 237-21
The request for an appeal shall be lodged with the Secretary-Registry of the Special Commission on the Learning Tax within two months of the notification of the decision of the specialised committee of the Departmental
. The summary of the facts and the pleas in law.
The person liable must, in addition, specify, in his introductory memorandum, whether he intends to benefit, under the conditions laid down in Article 140-I of Annex II to the General Tax Code, of the stay of payment The part of the tax for which the exemption is claimed.
R. 237-22
The Special Commission on Learning Tax is sent the first instance file as soon as the appeal is filed. In the course of the inquiry, which is written and contradictory, the Commission may ask the person liable or the beneficiaries of the sums for which the exemption is sought to provide him with any documents which may inform him on the resolution of the dispute and In relation to this one. Interested parties are required to access these applications within two months
237-23
Cases are reported by category A officials of the Department of National Education or the Ministry of Agriculture, designated by order of the Minister of which they are
. Rapporteur if he knew of the case before the Special Commission was seized.
The rapporteurs do not take part in the vote
237-24
The hearings of the Special Commission on the Learning Tax are public. The applicant shall be informed of the date of the hearing and may be heard provided that the application is made. He or she may be assisted or represented by an agent of his or her choice
237-25
The decisions of the Special Commission on the Learning Tax are reasoned. They include an analysis of the means and conclusions of the motion and the names of the members who took part in the deliberation and the name of the rapporteur of the case.
The minute of the decisions is signed by the President of the Training Judgment and the Secretary-Registry.
R. 237-26
The decisions of the Special Commission on the Learning Tax are notified to the person liable, to the prefect and to the director of tax services at the person's
. 237-27
The members of the Special Commission on the Learning Tax and the rapporteurs shall be reimbursed for their travel and subsistence expenses under the conditions laid down for the rules applicable to civil servants. The State when they are responsible for the budgets of the State, national public institutions of an administrative nature and certain subsidised bodies.
Non-official members of the Committee shall, by reason of their Participation in the work of the Commission, a lump-sum payment whose rate is Laid down by joint decree of the Minister responsible for education and the minister responsible for the budget.
The rapporteurs shall receive flat-rate allowances, the rate of which shall be fixed by the joint decree of the Minister responsible for education, of the minister responsible for education. Public Service and the Minister responsible for the Budget.
Chapter VIII
Agricultural Education
Bodies
Section 1
The National Farm Education Council
R 238-1
The rules governing the composition and operation of the National Council for Agricultural Education shall be laid down in the provisions of R. 814-1 to R. 814-9 of the Rural Code.
Section 2
The Council National Higher Education and
, Agri-Food and Veterinary Research
R. 238-2
The rules on the powers, composition and operation of the National Council for Higher Education and Agricultural, Agri-Food and Veterinary Research shall be laid down in the provisions of Articles R. 814-10 to R. 814-30 of the Rural Code.
Section 3
Regional Agricultural Education Committees
R. 238-3
The rules for the composition and operation of the Regional Agricultural Education Committees are set out in the provisions of R. 814-33 to R. 814-40 of the Rural Code.
Section 4
Les Veterinary education tips
R. 238-4
The rules relating to the powers, composition and operation of the boards of veterinary education shall be laid down in Articles R. 814-31 and R. 814-32 of the Rural Code.
Section 5
Coordinating Committee
R. 238-5
The rules concerning the powers and composition of the coordinating committee between the services of the Minister of Agriculture and the Minister responsible for education shall be laid down in the provisions of Articles R. 814-41 and R. 814-42 of the Rural code.
Chapter IX
Other Advisory Bodies
Section 1
The
National Commission for Education, Science and Culture
D. 239-1
The National Commission for Education, Science and Culture is responsible for promoting in the French Republic the ideas of mutual understanding between peoples, encouraging intellectual initiatives, and Education efforts in this direction, to interest public opinion in the goals, the program and the work of the United Nations Educational, Scientific and Cultural Organization (UNESCO).
To this end:
1 ° It gives its opinion to the Government on UNESCO's programme and activities;
2 ° It establishes an effective link with UNESCO and with the national commissions and national cooperation bodies of other member states. UNESCO;
3 ° It ensures, at the national level, the implementation of the decisions taken at the UNESCO General Conference;
4 ° It takes the necessary contacts with national and international cultural groups of a public nature or Private;
5 ° It shall convene, whenever necessary, the Main national groups and personalities interested in the problems of education, science, culture and communication;
6. It makes known, through appropriate means, to public opinion, the aims and the work of UNESCO ;
7 ° fulfils all the tasks entrusted to it by the Government in the field of education, science, culture and communication, in particular through its participation in actions carried out in the framework of cultural policy Outside France. To this end, it shall ensure the coordination of its activities with these actions;
8 ° It shall send to the Government a written report on its activities as at 31 December of each year
239-2
The National Commission for Education, Science and Culture is consulted by the Government on the selection of its five main delegates to the general conference of the organization
239-3
The National Commission for Education, Science and Culture includes:
(a) Four members representing Parliament;
(b) Two members appointed by the Economic and Social Council;
(c) Twenty-five persons nominated by the Government;
(d) Eight persons representing the Council of State, the Court of Accounts, the Court of Cassation, the Ombudsman of the Republic, the National Commission on Informatics and Liberties, the Higher Audiovisual Council, the National Ethics Committee and the National Consultative Commission on Human Rights ;
e) Five members representing the Institut de France;
f) One Representative of each of the following institutions or foundations:
1 ° Bibliothèque nationale de France;
2 ° Geological and mining research office;
3 ° Centre de coopération internationale en recherche agronomique pour le développement;
4 ° Centre d' études et de recherches sur les Qualifications;
5 ° Centre international d' études pédagogiques;
6 ° Centre national de documentation pédagogique;
7 ° Centre national d' enseignement à distance;
8 ° Centre national de la recherche scientifique;
9 ° Cité des Sciences and industry;
10 ° Collège de France;
11 ° Conservatoire national des Arts and crafts;
12 ° Ecole des hautes études en sciences sociales;
13 ° Ecole Nationale du patrimoine;
14 ° Ecole normale supérieure de Cachan;
15 ° Ecole normale supérieure de Fontenay-Saint-Cloud;
16 ° Ecole normale Higher than Lyon;
17 ° Ecole normale supérieure de Paris;
18 ° Ecole pratique des hautes études;
19 ° Fondation nationale des sciences politiques;
20 ° Institut français de recherche pour l' exploitation de la mer;
21 ° Institut French scientific research for development in cooperation;
22 ° Institut national de l' audiovisuel;
23 ° Institut national d' études demographic;
24 ° Institut national de la jeunesse et de l' éducation populaire;
25 ° Institut Pasteur;
26 ° Institut national de recherche pédagogique;
27 ° Maison des sciences de l' homme;
28 ° Muséum national d' histoire naturelle;
29 ° Palais de la Découverte;
g) A representative of the Conference of University Presidents and a representative of the conference of the major schools;
h) Ten Members representing nationally representative unions;
(i) Eighty members elected by the various scientific, educational and cultural groupings;
(j) Thirty members of the law representing the administration and appointed by order of the Minister for Foreign Affairs, on a proposal from the departments Departmental stakeholders;
k) One representative from each of the following national associations:
1 ° UNESCO centres;
2 ° Committee for national and international relations of the French youth and popular education associations;
3 ° Fédération française des clubs UNESCO;
4 ° Foundation of the Ark of the fraternity ;
5 ° Institut de formation aux droits de l' homme du Barreau de Paris;
l) A representative of each of the national associations, French sections of the following international non-governmental organizations;
1 ° Centre français du Québec Theatre;
2 ° French Committee of the International Council of Museums;
3 ° Comité français de l' Union internationale pour la conservation de la nature;
4 ° Comité national de la musique;
5 ° Conseil français des arts plastiques;
6 ° Pen-Club français;
7 ° French section of the International Council of Archives;
8 ° Section française du Conseil international des critiques d' art;
9 ° French section of the Conseil international des monuments et des sites;
m) A representative of each of the French scientific programs committees and UNESCO's international cultural heritage;
n) Ten personalities co-opted by the National Commission.
D. 239-4
Experts may be invited to sit on the committee's working committees.
The Commission may request, inter alia, regions, departments and other overseas territorial authorities and public bodies And television, to designate correspondents.
D. 239-5
The National Commission for Education, Science and Culture meets in plenary at least once a year upon convocation by its Chair.
In the meantime, a standing committee, including the Standing Committee Composition and duties, meets at least once a quarter to decide on the issues on its
. 239-6
The Commission may form specialized committees and regional committees.
Part of the specialized committees:
1 ° The members of the National Commission;
2 ° Experts appointed by the National
. Regional committees:
1 ° National Commission members;
2 ° Experts;
3 ° Correspondents who reside in the region.
D. 239-7
Specialized or regional committees report to the National Commission or, within the range of its sessions, to the Standing
. 239-8
The mandate of the members of the National Commission for Education, Science and Culture is for five years
239-9
The National Commission elects its chairman from among its members. The appointment must be approved by the Prime Minister. In addition, five Vice-Presidents may be elected by the committee. The President shall appoint the Secretary-General, after consultation with the relevant ministerial departments. The Secretary-General shall direct the secretariat provided for in Article D. 239-10 and shall participate in the work and meetings of
Committee in that regard. 239-10
The General Secretariat of the National Commission for Education, Science and Culture is provided by the Association for Education, Science and Culture, whose statutes were legally deposited on 16 May 1947.
Section 2
The National School Safety Observatory
and higher education
D. 239-11
The National Observatory for the Safety of Schools and Higher Education, placed with the Minister responsible for Education and Higher Education, is studying, with regard to safety rules and in respect of The powers of the central and local security committees and of the labour inspectors, the conditions for the application of the safety rules, the state of buildings and equipment allocated to schools, the institutions Higher education and information and referral centres, or Which are used by them on a regular basis.
It informs the conclusions of its work the local authorities, administrations, chancelleries of universities, higher education establishments or private owners Concerned. It may bring to the knowledge of the public the information it deems necessary. In respect of the right to property, the principle of the free administration of local authorities and the autonomy of higher education institutions, it may request all information and ask to consult on the spot all Documents which it considers, in complete independence, to be useful to its mission. It provides the Minister responsible for education on December 31 of each year, a report that is made public
239-12
The National Observatory for the Safety of Schools and Higher Education is responsible for the first and second degree schools, public and private under contract, as well as for schools Public education and those referred to in Article L. 813-10 of the Rural
. 239-13
The National Observatory for the Safety of Schools and Higher Education is composed of fifty-one members. These and, if necessary, their alternates, shall be appointed for a period of three years by order of the Minister responsible for education.
They shall be distributed as follows:
1 ° College of Elected Officials and Property Managers School and university, consisting of seventeen members and two alternates for each member holding:
a) A member of the National Assembly;
b) A member of the Senate;
c) Three presidents or vice-presidents of regional council;
d) Three presidents or vice-presidents of general council;
e) Seven mayors;
f) A representative of The Fédération nationale des organismes de gestion de l' enseignement catholique;
g) A university president appointed by the Conference of University Presidents.
2 ° College of Representatives of Personnel and Users, composed of 17 Full members and two alternate members for each member Appointed on the proposal of representative organisations:
(a) Representatives of public institutions:
aa) Three representatives of the Unitary Union Federation (FSU);
ab) Three representatives of the National Union of Autonomous Trade Unions (UNSA-Education);
ac) A representative of the General Union of National Education (SGEN-CFDT) ;
ad) A representative of the General Confederation of Labour Force (CGT-FO);
ae) A representative of the National Association of Colleges and Colleges (SNALC-CSEN);
af) A representative of the General Confederation of Labour (CGT) ;
ag) Three representatives of the Fédération des conseils de parents d' élèves (FCPE);
ah) A representative of the Fédération des parents d' élèves de l' enseignement public (PEEP);
(ai) A representative of the most representative student union organization in the National Council for Higher Education and Research.
b) Representatives of private institutions:
ba) A representative of the Fédération de l' enseignement privé (FEP-CFDT);
bb) A representative of the National Union of Parents' Associations of Students Free Education (UNAPEL).
3 ° College of State Representatives, Chiefs Of establishment and qualified persons appointed by him, composed as follows:
(a) Eleven representatives of ministers and two alternates for each titular member:
aa) Two representatives of the Minister responsible for education;
ab) A representative of the Minister responsible for higher education;
ac) A representative of the Minister of the Interior;
ad) A representative of the Minister responsible for Local communities;
ae) A representative of the Minister responsible for the budget;
af) A representative of the Minister responsible for the Public Service;
ag) A representative of the Minister responsible for agriculture;
ah) A representative of the Minister Responsible for overseas;
ai) A representative of the Minister responsible for the equipment;
aj) A representative of the Minister responsible for sports.
(b) Two full members representing heads of establishment and two alternates, appointed on the proposal of representative organizations:
ba) A representative of the National Union of National Education Steering Committee (SNPDEN);
(bb) A representative of the National Union of Heads of Free Education (SNCEEL);
bc) Four qualified persons appointed on the basis of their Skills.
D. 239-14
The Minister for Education appoints, among the members of the National Observatory for the Safety of Schools and Higher Education, the President, for a period of three years, by
. 239-15
Experts can be heard by the National Observatory for the Safety of Schools and Higher
. 239-16
The National Observatory for the Safety of Schools and Higher Education develops its rules of procedure.
D 239-17
The observatory determines, inter alia, the periodicity, nature and conditions of its work As well as the conditions under which communities or private owners submit comments that are suggested by the information provided by the observatory.
D. 239-18
The agenda for the meetings shall be fixed by the President, or upon request by at least one quarter of the members of the National Observatory on the Safety of Schools and Higher Education. He chooses, as a member, a rapporteur.
D. 239-19
A secretariat is made available to the National Observatory for School and Higher Education Safety by the Minister responsible for higher education.
Section 3
The Council Top of libraries
D. 239-20
The Higher Council of Libraries, placed with the Minister of Higher Education, the Minister responsible for Culture and the Minister responsible for research, issues opinions and recommendations on the situation and issues Which concern libraries and documentary networks. It promotes the coordination of documentary policies under the control of several ministers
239-21
On the request of the Higher Council of Libraries, the various ministers and services provided to the Prime Minister provide him with the necessary information concerning libraries under their guardianship
239-22
The Higher Council of Libraries consists of a President and two Vice-Presidents appointed by order of the Prime Minister and eighteen members appointed by the Minister responsible for higher education, the Minister Responsible for culture and the Minister responsible for research:
1 ° Six members proposed by the minister responsible for higher education;
2 ° Six members proposed by the minister responsible for culture;
3 ° Three members proposed by the minister responsible for research;
4 ° Three elected representatives, including one Mayor, a general councillor, a regional adviser proposed jointly by the minister responsible for higher education, the minister responsible for culture, and the minister responsible for research
239-23
The Director of Book and Reading and the Director of Higher Education participate, with a consultative voice, in the work of the Higher Council of
. 239-24
Members of the Board of Libraries are appointed for a period of three years, renewable once. In the case of a vacancy, a new member shall be appointed for the remainder of the term of office, unless the vacancy occurs less than six months before the normal term of office.
When a member of the Higher Council of Libraries loses the Of which he has been appointed, his term of office is fully
. 239-25
The Higher Council of Libraries meets at least three times a year upon convocation by its President, which sets the agenda for each meeting. The President may also convene it at the request of the Ministers concerned
239-26
The Higher Council of Libraries organises its own work; it adopts its rules of procedure, establishes the programme of its activities, determines its methodology
239-27
The functions of members of the Higher Council of Libraries are free of charge. However, it may be granted compensation for travel and subsistence expenses actually incurred at the meetings of the Higher Council of Libraries under the conditions laid down in Decree No. 90-437 of 28 May 1990 Laying down the conditions and rules for the settlement of the costs of the movement of civilian personnel on the metropolitan territory of France when they are in charge of the budgets of the State, national public institutions to Administrative and certain subsidised bodies and the decree n ° 89-271 of 12 April 1989 laying down the conditions and arrangements for the settlement of the costs of the relocation of civilian personnel within the overseas departments, between the metropolis and those departments, and to travel from an overseas department to The other.
TITLE IV
INSPECTION AND EVALUATION
OF EDUCATION
Chapter I
Exercise of
and evaluation missions
Section 1
General inspection missions
Subsection 1
Common provisions
D. 241-1
The general inspection of national education, the general inspection of the administration of national education and research and the inspection of agricultural education shall carry out evaluations of the operation and the results of the The continuing education of adults falling within their respective spheres of competence. To this end, they shall establish the necessary relations with the competent administrative departments and external partners.
The annual reports of the general inspections shall include the evaluation of the continuing training activities of the Adults.
Such assessments shall be without prejudice to the controls exercised under the conditions laid down in Articles L. 991-1 and L. 991-2 of the Labour
. 241-2
The general inspectors of national education, the inspectors of agricultural education, the inspectors of regional educational inspectors and the inspectors of national education shall proceed, in the appropriate manner, The assessment of personnel within their respective fields of competence with a view to promoting the quality of adult continuing education and the overall coherence between initial training and continuing training.
*
* *
R 241-8
Control by the general inspection of the administration of national education and research, in application of the provisions of Article L. 241-2, of the employment account of resources collected from the public by an organisation Public generosity is decided, after the advice of the head of the general inspectorate of the administration of national education and research, by the competent minister or
. 241-9
The head of the general inspectorate of the administration of national education and research shall notify the legal representative of the body concerned or, if he has his seat abroad, to the representative mentioned in the third Paragraph I of Article 1 of Decree No 92-1011 of 17 September 1992 on the control of bodies calling on the public benevolence the names of the members of the mission which it has entrusted with the control and the period to which it will bear This.
R. 241-10
Where the findings of the inspection mission make it necessary for other bodies to carry out the checks provided for in the second subparagraph of Article L. 241-2, these checks shall be decided by the Head of the The general inspection of the administration of national education and research. This decision shall be notified to the representatives of the bodies concerned under the conditions laid down in Article R. 241-9.
R. 241-11
In order to verify the conformity of the expenditure incurred by the bodies mentioned in the first and second sub-paragraphs of Article L. 241-2 to the objectives pursued by the call for public generosity, the inspectors shall Useful on-site and on-site investigations, under the conditions laid down in III of the same article.
Inspectors may visit all premises depending on the bodies under review or verification. The officials of these bodies shall make every effort to ensure that the inspectors are aware of the documents and documents relevant to the control of the documents justifying the operations of revenue and expenditure. The inspectors shall obtain copies of the documents they consider necessary for their control.
Inspectors may carry out any verification of supplies, materials, works, buildings and personnel Entered into the resource accounts of resources collected from the public
R. 241-12
Where the organization has its registered office abroad, the obligations of the officers or officials of the organization under Articles II and III of Article L. 241-2 shall apply to the representative referred to in the third paragraph of Article I of the Article No. 1 of Decree No. 92-1011 of 17 September 1992 on the control of organizations making use of public
. 241-13
In the event that the organizations subject to inspection or verification do not comply with the inspectors' requests, reference is made in the report, irrespective of the penalties provided for in Article L. 241-3.
R. 241-14
As part of their monitoring mission, inspectors are required to comply with the obligation of professional secrecy. The general inspection of the administration of national education and research makes every effort to ensure the secrecy of its investigations
241-15
For the purposes of the third paragraph of Article L. 241-2, where the body does not have a board of directors or general meeting, the President of that body shall communicate the final reports to which it has been addressed To the bodies, taking place at the first meeting following their reception
241-16
The final reports, if any, together with the replies of the bodies which have been the subject of the review, may, on the decision of the competent minister (s), be published in the Official Journal of the French Republic and be inserted in the report provided for in Article L. 241-1.
Section 2
General Inspection of Libraries
R. 241-17
In addition to the general inspectors of libraries, the chief curators and general curators of libraries may be entrusted, by order of the Minister responsible for higher education, after the advice of the Minister of Culture, general inspection missions of the libraries placed under their guardianship.
Among the general curators responsible for general inspection duties, the Minister responsible for higher education appoints, by order taken after notice of the Minister responsible for Culture, a Dean.
The Dean leads, animates and Coordinates inspection activities. It centralizes the findings of the inspection work.
Section 3
Missions of Inspectors of Education Inspectors
Regional and National Education Inspectors
R. 241-18
The inspectors of regional educational inspectors and the inspectors of national education, governed by the provisions of Decree No. 90-675 of 15 July 1990 on the specific statutes of inspectors of academe-inspectors Regional and national education inspectors, carry out the tasks listed in the following
. 241-19
The inspectors of regional educational inspectors and the inspectors of national education ensure the implementation of the educational policy adopted by the minister responsible for education. To this end, within the framework of the academic work programme agreed jointly by the Inspector General of the Academic Corresponding National Education and the Rector of the Academy, they are to be exercised under the latter's authority. Missions below:
a) They assess in the exercise of their pedagogical competence the individual work and teamwork of the teachers, the education and guidance of the schools, the colleges and the secondary schools and contribute to the evaluation of Teaching disciplines, teaching units, procedures and results of education policy. They shall conduct, in particular, the direct observation of educational acts;
b) They shall inspect, in accordance with the specialities which are their own, the teaching, education and guidance staff of schools, colleges and secondary schools, and shall ensure that the Respect for national training objectives and programmes, in the context of the teaching cycles; they are responsible for the inspection tasks provided for in Article L. 119-1 of the Labour Code;
c) They participate in the pedagogical animation in Initial, continuous and alternating training, lend their Competition for the preparation of establishment projects and collaborate with the general inspectorate of national education for the evaluation of educational experiences and their generalisation;
d) They are intended to participate in recruitment and Training of national education staff and the organisation of examinations;
e) They carry out assignments of expertise in these different fields as well as for the orientation of pupils, examinations, the management of educational personnel and In the choice of teaching equipment.
R. 241-20
The Rector of the Academy may also entrust to national education inspectors and inspectors of regional education inspectors, for a fixed term, within the departmental or academic setting, of the missions
R. 241-21
The inspectors of regional educational inspectors inspect the management staff of educational or training institutions, the heads of information and guidance centres, the associate professors, as well as Teachers in post-graduate classes.
Section 4
The
Academic Service of the Learning Inspection
R. 241-22
The Academic Service of the Inspection of Learning, under the authority of the Chancellor of the Universities, carries out its tasks in accordance with the provisions of Articles R. 119-48 to R. 119-61 of the Labour Code reproduced below :
" Art. R. 119-48. -It is established in each academy a service of the inspection of learning placed under the authority of the rector, chancellor of the university. The conditions for the organisation of this service shall be fixed by the Minister responsible for national
. For agricultural learning, the inspection is carried out by a regional mission under the authority of the Regional Director for Agriculture and Forestry. The organization of this mission and its relations with headquarters are determined by the Minister responsible for agriculture
Commissioned officials from ministries other than those of national education and agriculture, who are called upon to carry out inspection missions on the basis of their technical expertise, carry out these tasks in conjunction with the Academic service of apprenticeship inspection or the regional branch of agriculture and forestry.
" The commission of officials under the Ministry of National Education is delegated to the rector, chancellor of the university. The Ministry responsible for agriculture shall decide the Ministry responsible for agriculture.
" These services support the regional and departmental coordinating committees on employment and vocational training, as well as regional councils, for the exercise of their learning
. Art. R. 119-49. -The mission of the Learning Inspection Service is:
" Educational inspection of apprenticeship training centres and learning sections;
" Administrative and financial inspection of the said centres and learning sections;
" Control of training given to apprentices in enterprises;
" Control of the issuance of the confirmed learning master title governed by R. 117-21 to R. 117-26.
" In addition, it can provide, in agreement with the management agencies, its advice to apprenticeship training centres and apprenticeships and its assistance in the training of staff in the centres and learning sections, as well as Information and training of apprentices and persons who contribute to the training of apprentices under the provisions of Articles R. 116-14-1 and R. 117-5-1.
" Art. R. 119-50. -The apprenticeship inspection service carries out its duties in liaison with officials responsible for monitoring the application of labour law and social legislation, as well as with the competent agents for carrying out inspections Administrative and financial reporting to ministers or regional councils on whose behalf the agreements for the establishment of apprenticeship training centres or apprenticeship sections have been signed. Where possible, joint inspections are carried out in the same company or locality.
" Art. R. 119-51. -The reports shall be forwarded to the Departmental Employment Committee whenever they establish a breach of the provisions of this Code relating to apprenticeship; they shall be forwarded to the Regional Employment and Employment Coordination Committee Vocational training and the regional council where the failure involves the management or operation of an apprenticeship training centre or a learning section.
" Where the facts are likely to constitute a criminal offence, the finding of which is the responsibility of the labour inspector or of one of the other officials responsible for the control of labour or social legislation, the report shall be In addition communicated without delay to this
. Art. R. 119-52. -Commissioned inspectors have access to all premises depending on apprenticeship training centres or learning sections, or used by such centres or learning sections. They may require the communication of any administrative, accounting or pedagogical documents, including, possibly, those relating to distance education. In particular, they are entitled to control the amount and use of the funds raised by the managing body in respect of the apprenticeship tax under Article 4 of Decree No. 72-283 of 12 April 1972, as
. Art. R. 119-53. -Commissioned inspectors shall have the right to enter into all undertakings employing apprentices or participating in their training pursuant to Article L. 115-1 and in all undertakings which have applied for authorisation within the meaning of R. 116-14-1. The employer is required to indicate, on their request, the tasks or work stations which are or will be entrusted to the apprentices, to provide them with the documents in their possession relating to the apprentices, to enable them to meet with the apprentices And the individuals of the company responsible for their training. When providing accommodation for apprentices, the employer is required to indicate the conditions under which the accommodation is
. Art. R. 119-54. -After each inspection of an apprenticeship training centre or apprenticeship section, the inspector sends a report to the head of the apprenticeship inspection department who communicates it to the director of the centre or section Apprenticeship and the managing body or, in the case of a learning section, the head of the educational or training institution and research, and the co-signatory of the convention establishing the centre Or learning section.
" After each visit to the business, the inspector shall send an account to the Chief of Service for the inspection of the apprenticeship, who shall communicate it to the employer and to the works council if there is one. "
" Art. R. 119-56. -Annual reports on the activities of the learning inspection services are addressed to the regional prefect and to the President of the Regional Council by the Rector and the Regional Director for Agriculture and
. Art. R. 119-57. -Experts appointed by the Rector or the Regional Director of Agriculture and Forestry may be called upon to assist the staff responsible for the inspection of learning for specific acts. Such experts shall swear an oath in accordance with Article R. 119-60.
" They shall be paid on the basis of vacations, the rate and conditions of which shall be fixed by joint decree of the Ministers responsible for national education, agriculture, the civil service and the budget. "
" Art. R. 119-60. -Prior to their entry into office, commissioned apprenticeship inspectors shall take the oath before the President of the Tribunal not to disclose to unqualified persons the facts or information they would have Knowledge on the occasion of their inspection missions, and not to reveal the manufacturing secrets and in general the manufacturing processes which they could read.
" Art. R. 119-61. -The commissions may be withdrawn by the Minister of National Education or the Minister of Agriculture after the advice of a board, chaired, as the case may be, by the Rector or the Regional Director of Agriculture and Forestry and composed of Two representatives of the administration appointed by the regional prefect, two non-official members of the Learning Committee of the Regional Coordinating Committee for Employment and the Vocational Training Committee appointed by the latter and Two elected representatives of the inspectors commissioned. "
R. 241-23
Specific rules for the inspection of apprenticeship in the departments of the Haut-Rhin, the Bas-Rhin and the Moselle are laid down in Articles R. 119-65 to R. 119-71 of the Labour Code.
Section 5
Departmental delegates to national education
D. 241-24
Departmental delegates of national education shall be appointed by district of departmental inspection to visit the public and private schools installed there.
No one shall be appointed as departmental delegate of National education if it is not at least 25 years old and has been the subject of a conviction for crime or offence contrary to probity and good morals, or has been deprived of all or part of civil, civil and civil rights by judgment Family mentioned in articles 131-26 and 131-29 of the Penal
. 241-25
Cannot be designated as departmental delegates of national education to teachers and teachers of schools, in the position of activity, who carry out their duties in pre-school and public elementary schools and Private.
D. 241-26
The departmental delegates of national education are appointed for a period of four years by the inspector of the academy, director of the departmental services of national education, after the advice of the departmental board of education
D. 241-27
The mandate of departmental delegates for national education is renewable. However, the term of office of a delegate may at any time be terminated for reasons drawn from the interest of the service after the person has been placed to submit his or her observations.
Additional designations for the remaining term of office.
D. 241-28
Delegates of each electoral district form a delegation.
The departmental delegates of national education may be appointed to form a delegation of a range that is less than the electoral district or includes several Electoral districts.
D. 241-29
Each delegation elects a Chair and Vice-Chair. It determines which schools each delegate should visit. Parents of pupils, departmental delegates, cannot be assigned to the school where their children attend school. Mayors and municipal councillors responsible for school matters may not be responsible for the schools of their commune or of the neighbouring communes.
The delegation shall meet at least once a quarter, upon convocation by its President, and Agree to provide advice to the appropriate
. 241-30
The chairmen of the delegations of the department or their representatives elect a President and a Departmental Vice-President.
These represent all delegations to the authorities and departmental
. 241-31
Departmental delegates to national education communicate to national education inspectors and the municipality all the useful information they were able to obtain during their visits to schools.
Each delegate Corresponds with the local authorities to whom the reports are to be sent for everything that concerns the state and the needs of preelementary and elementary education in his delegation
241-32
The departmental delegates of national education may be consulted, in particular:
1 ° On the suitability of the construction, development and equipment projects of the premises that the communes must provide for the holding of their Public schools;
2 ° On all issues relating to the school environment, in particular in the field of local periscolary
. 241-33
The commune may also consult delegates on the problems for which it considers it useful to have their opinion, in particular on the use of school premises outside school
. 241-34
In public schools, the visit of departmental delegates to national education includes the state of the premises, security, heating and lighting, school furniture and teaching materials, hygiene, School attendance.
The function of the delegates extends to all aspects of school life, including recreation centres, transportation, restaurants, libraries and school funds.
The delegate carries out a mission Encouraging and coordinating.
It helps to facilitate relationships between The school and the municipality.
The departmental delegate of national education does not make an assessment of the methods or the pedagogical organisation of the school. Exercises of the class can continue in its presence. The students' work can be presented to him.
D. 241-35
In private schools, the visit of the departmental delegate of national education relates to the safety, health and safety conditions of the institution. It is about school attendance.
*
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Chapter III
The High School Evaluation Board
D. 243-1
The High Council for the Evaluation of the School, placed with the Minister responsible for education, gives an opinion on the annual programme of evaluations produced and disseminated by the Ministry of Education, in particular those conducted by The direction of evaluation and foresight. It decides on the methodologies used in these evaluations. The results of these evaluations are discussed at the top of the board.
It is expert in the external evaluations of the education system. It can make it happen. To do this, he has credits for studies.
It provides a synthesis of the various evaluation work on the education system. It also has the task of proposing the development of tools for the evaluation of the education system, in order to promote public debate on education.
It draws up an annual report on the state of the evaluation of the education system. The impact of the recommendations of previous reports. The President of the High Council presents this annual report to the Higher Education Council. The report, advice and recommendations of the High Council are made public
243-2
It meets at least twice a year. It shall also meet at the request of the Minister, the President or the majority of its members
243-3
The High Council consists of thirty-five members appointed by the Minister for Education for a term of three years:
a) A Member of Parliament and a Senator;
b) A mayor, a general councillor and a designated regional councillor on the proposal of a representative association, respectively the mayors, the chairs of the general council and the chairs of the council Regional;
(c) The Chairman of the National Committee for the Evaluation of Scientific, Cultural and Professional Institutions or its Representative;
(d) Two employees' representatives and two representatives of the employers designated on the Proposal from the most representative organizations;
e) Three Representatives of the parents of pupils, appointed on the proposal of the most representative organisations;
(f) Six representatives of teachers of public education, appointed on the proposal of federations or confederations Union, taking into account the number of votes obtained in the election of the staff representatives in the Joint Administrative Committees and the Joint Technical Committee of the Incumbent and University Status Trainees;
(g) A representative of designated heads of public education On a proposal from the most representative professional organisation;
h) A representative of the high school pupils nominated on a proposal from the most representative organisation and a representative of the students nominated on a proposal from the The most representative organisation;
i) A representative of a complementary educational association of public education, appointed on a proposal from the National Council of complementary educational associations of public education;
j) Twelve qualified persons, French or foreign, selected For their assessment and education skills.
D. 243-4
For each of the members provided for in a, b, d, e, f, g and i of Article D. 243-3, an alternate shall be appointed under the same conditions as the holder in order to replace him in the event of incapacity. For each member appointed at the following hour, one alternate shall be appointed after the opinion of the two main representative organisations of the students and of the two main organisations representing the high school
. Referred to in a, b, d, e, f, g, h, i and j and, where applicable, those of their alternates shall be renewable
. 243-5
The Chairman of the High Council shall be appointed by the Minister responsible for education among the persons mentioned in the j of Article D. 243-3
243-6
In the event of death or resignation of a full or alternate member of the High Council, it shall be replaced under the same conditions for the remainder of the term of office.
D. 243-7
The Dean of the General Inspection of National Education, the Chief of the Inspectorate General of the Administration of National Education and Research and the Director of Evaluation and Prospective of the Department of National education shall participate in the work of the High Council with a Consultative voice.
The High Council may hear any expert on matters within its
. 243-8
A Secretary-General, appointed by the Minister responsible for education, is responsible for organizing the work of the High Council
243-9
Travel and travel expenses for members of the High Council and experts shall be reimbursed under the conditions set out in the regulations applicable to officials of the State.
TITLE V
SPECIFIC PROVISIONS
TO SAINT-PIERRE-ET-MIQUELON
Chapter UNIQUE
Organizational arrangements for the
administration of education services
D. 251-1
The head of the education department in Saint-Pierre-et-Miquelon exercises all the powers of the academy inspectors of the metropolitan departments.
In addition, he is delegated the powers conferred in metropolis to the rectors in this For the materials defined in this chapter.
D. 251-2
The rectoral competences which are not delegated to the Head of Service under this Chapter are exercised by the Rector of the Academy of Caen, of which he is responsible.
The Academic Council of the Caen WWA Interesting to the territorial community of Saint-Pierre-et-Miquelon and within its jurisdiction
251-3
Delegation of authority is given to the Head of Education for the appointment of auxiliary masters, masters of internat and supervisors of externat
251-4
The powers conferred on the rectors for the application of the statutory provisions governing teachers and teachers in schools are exercised in Saint-Pierre-et-Miquelon by the head of the education
. Stops lists of aptitude for elementary or kindergarten principals.
D. 251-5
The commissions responsible for establishing the lists of directors' jobs shall be established with the chief of the education department of Saint-Pierre-et-Miquelon.
They shall be composed as follows:
1 ° The head of the service, or Its representative;
2 ° A Category A public servant under the responsibility of the Ministry of Education;
3 ° A school principal who holds a leading position in the corresponding
. 251-6
Delegation of authority is given to the Head of Education for the purpose of taking in the subjects listed below the measures relating to the organisation and functioning of educational establishments, to school life and to State aid to pupils:
1 ° Opening and closing of schools and kindergartens, elementary schools and classes and placement of teachers and teachers of schools available to the territorial community;
2 ° Approval in the Framework for grant credits distributed among the academies for assistance to families to ensure the compulsory school attendance of proposals submitted by the territorial community for the award of grants Half board or full pension to parents of education students Elementary.
D. 251-7
The powers exercised by the Rector in the opening and control of private and distance education institutions and in the field of teacher discipline are delegated to the Head of
. 251-8
The rules for the Saint-Pierre-et-Miquelon Coordination Committee for Employment and Vocational Training are laid down in the provisions of Article D. 910-21 of the Labour Code.
TITLE VI
APPLICABLE PROVISIONS IN WALLIS AND FUTURE ISLANDS, MAYOTTE, FRENCH POLYNESIA AND NEW CALIA
Chapter I
Terms applicable in Wallis and Futuna Islands
R 261-1
In the Wallis and Futuna Islands, the competences of the State in relation to the teaching of first and second degrees and post-secondary education in secondary schools shall be exercised in accordance with the conditions laid down in the Article R. 261-2, under the authority of the senior administrator of the territory, by a vice-rector.
The duties of vice-rector are performed by an inspector of regional education inspector appointed by the joint order of the minister responsible for Education and the Minister responsible for overseas.
R. 261-2
The Vice-Rector exercises in the field of school education:
1 ° The powers which fall within the competence of the State conferred in the metropolis to the rectors and to the inspectors of the academy, the directors of the departmental services National education;
2 ° The powers that the Minister responsible for education delegates to him by order, within the limits of those he is entitled to delegate to the enumerators and the inspectors of the academy, the directors of the departmental services National education.
D. 261-3
Articles D. 232-1 to D. 232-22 are applicable in Wallis and Futuna
. 261-4
Articles R. 232-23 to R. 232-48 and R. 241-8 to R. 241-16 apply in the Wallis and Futuna
. 261-5
For the application of Articles R. 232-38, R. 232-41, R. 232-42 and R. 232-43, the powers which fall within the competence of the State conferred in the metropolis to the rectors are exercised in the Wallis and Futuna Islands by the Minister responsible for Higher education.
Chapter II
Terms applicable to Mayotte
R. 262-1
A Mayotte, the competences of the State in the teaching of first and second degrees and post-secondary education in secondary schools shall be exercised, under the conditions laid down in Article R. 262-2, under The authority of the prefect, by a vice-rector.
The duties of vice-rector are carried out by an inspector of regional education inspector appointed by the joint decree of the minister responsible for education and the minister responsible for Overseas.
R. 262-2
The Vice-Rector exercises in the field of school education:
1 ° The powers which fall within the competence of the State conferred in the metropolis to the rectors and to the inspectors of the academy, the directors of the departmental services National education;
2 ° The powers that the Minister responsible for education delegates to him by order, within the limits of those he is entitled to delegate to the enumerators and the inspectors of the academy, the directors of the departmental services National education.
D. 262-3
Sections D. 232-1 to D. 232-22 apply to Mayotte.
R. 262-4
Articles R. 232-23 to R. 232-48 and R. 241-8 to R. 241-16 apply to Mayotte.
Chapter III
Terms applicable in French Polynesia
R. 263-1
In French Polynesia, the competences of the State in the teaching of first and second degrees as well as post-secondary education in secondary schools shall be exercised, in accordance with the conditions laid down in Article R. 263-2, under the authority of the High Commissioner of the Republic, by a Vice-Rector.
The duties of Vice-Rector are performed by a Category A public servant, who holds a PhD or a clearance to conduct research, appointed by Order.
R. 263-2
The Vice-Rector exercises in the field of school education:
1 ° The powers which fall within the competence of the State conferred in the metropolis to the rectors and to the inspectors of the academy, the directors of the departmental services of National education;
2 ° The powers that the Minister responsible for education delegates to him by order, within the limits of those he is entitled to delegate to the enumerators and the inspectors of the academy, the directors of the departmental services National education.
R. 263-3
The Vice-Rector exercises, in higher education, the powers provided for in the second paragraph of Article L. 612-3 and Article L. 613-7.
D. 263-4
Articles D. 232-1 to D. 232-22 are applicable in the territory of French Polynesia
263-5
Articles R. 232-23 to R. 232-48 and R. 241-8 to R. 241-16 apply in French Polynesia
263-6
For the application of Articles R. 232-38, R. 232-41 and R. 232-43, the powers which fall within the competence of the State conferred in France by the Rector of the Academy are exercised in French Polynesia by the Minister responsible for Higher education.
D. 263-7
Sections D. 233-1 to D. 233-6 apply in French Polynesia.
*
* *
D. 263-11
The Minister responsible for higher education, for the exercise of the powers he holds under the third paragraph of Article L. 683-2, the second paragraph of Article L. 773-3, the first paragraph of Article L. 973-3 and the articles D. 263-4, R. 263-5 and R. 263-6, may give by order delegation of signature to the Vice-Rector of French Polynesia or, if he is unable to do so, to a Category A public servant under his authority.
Chapter IV
Terms applicable in New Caledonia
R 264-1
In New Caledonia, the competences of the State in relation to the teaching of first and second degrees and post-baccalaureate education in secondary schools shall be exercised, under the conditions laid down in Article R. 264-2, Under the authority of the representative of the State, by a vice-rector.
The duties of vice-rector are performed by a Category A public servant, who holds a doctorate degree or an authorization to conduct research, who is appointed by Order in
. 264-2
The Vice-Rector exercises in the field of school education:
1 ° The powers which fall within the competence of the State conferred in the metropolis to the rectors and to the inspectors of the academy, the directors of the departmental services of National education;
2 ° The powers that the Minister responsible for education delegates to him by order, within the limits of those he is entitled to delegate to the enumerators and the inspectors of the academy, the directors of the departmental services National education.
R 264-3
The Vice-Rector exercises, in higher education, the powers provided for in the second paragraph of Article L. 612-3 and Article L. 613-7.
D. 264-4
Sections D. 232-1 to D. 232-22 apply in New Caledonia.
R. 264-5
Articles R. 232-23 to R. 232-48 and R. 241-8 to R. 241-16 apply in New Caledonia.
R. 264-6
For the purposes of Articles R. 232-38, R. 232-41 and R. 232-43, the powers which fall within the competence of the State conferred in the metropolis to the Rector of the Academy shall be exercised in New Caledonia by the Minister responsible for education
D. 264-7
Sections D. 233-1 to D. 233-6 apply in New Caledonia.
*
* *
D. 264-11
The Minister responsible for higher education, for the exercise of the powers he holds under the third paragraph of Article L. 684-2, of the second paragraph of Article L. 774-3, of the first subparagraph of Article L. 974-3 and of Articles D. 264-4, R. 264-5 and R. 264-6, may issue by order delegation of signature to the Vice-Rector of New Caledonia or, if he is unable to do so, to a Category A public servant under his authority.
R. 264-12
Starting in 2001, the annual amount of the overall construction and equipment allocation for colleges, provided for in the IV of Article 181 of Organic Law No. 99-209 of 19 March 1999 relating to New Caledonia, is indexed to the rate Between the two years preceding the year of its payment, the number of students enrolled in the public education colleges at the beginning of the school
. 264-13
The overall construction and equipment allocation for colleges is allocated each year among the provinces, based on the evolution of the educated population, up to 40 % of its size, and on the basis of capacity Of establishments, up to 60 % of its amount.
R. 264-14
The share of staffing to take into account the changes in the educational population is allocated in proportion to the number of births registered in the provinces between the seventh and fourth year preceding the year of
number of births per province is based on the mother's place of residence at the date of birth.
R. 264-15
The share of staffing to take into account the capacity of institutions is allocated, in half, in proportion to the total area developed out of public colleges and, in half, proportionally The enrolment of students in public colleges.
The size of the colleges and the number of students taken into account are those observed at the school year of the year preceding that of the payment of the endowment
264-16
In the communes of New Caledonia, the school caisse committee includes:
1 ° The mayor or a member of the municipal council designated by him, president;
2 ° The national education inspector (s) of the riding schools or their representatives;
3 ° A member designated by the High Commissioner of the Republic in New Caledonia;
4 ° Two municipal councillors appointed by the municipal council;
5 ° A member of the provincial assembly;
6 ° Three members elected by the members assembled in general assembly;
7 ° The doctor Responsible for school medicine.
Municipal council may, by deliberation To increase the number of its representatives to a higher figure, but not to exceed one-third of the members of the municipal assembly. In this case, members may designate as many additional representatives as the City Council means in addition to the normal membership.
R. 264-17
The members' representatives are elected at the single ballot with only one ballot, regardless of the number of voters. Candidates who have obtained the most votes are declared elected. Their term of office is set at three years. They are eligible for re-election.
R. 264-18
The mayor is responsible for the execution of the decisions of the body committee, including, in his capacity as authorising officer, the revenue and expenditure
. 264-19
The rules for the control of legality and budgetary control to which the decisions of the school caisse committee and those of the mayor, as well as the rules on public accounting and the execution of revenue and of the Expenses are those applicable to the commune responsible for the fund.
Done at Paris, July 13, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of National Education,
of higher education
and search,
François Fillon
The Minister for Overseas,
Brigitte Girardin
