Decree No. 2008-936 Of 12 September 2008 Students From The Technical School Of The Air Force

Original Language Title: Décret n° 2008-936 du 12 septembre 2008 relatif aux élèves de l'école d'enseignement technique de l'armée de l'air

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Summary repeal of Decree 79-1092.
Keywords defence, army, AIR force, school of technical education of the ARMÉE DE L'AIR, student, tuition, ADMISSION, non-commissioned member, military training, contest, Education Council, COMPOSITION, end of schooling, commitment, contract of commitment, SERVICE ACCOMPLI, right A PENSION, advancement, compensation, reimbursement, rates of reimbursement JORF n ° 0216 September 16, 2008 text no. 18 Decree No. 2008-936 of September 12, 2008 relating to the students of the school of education technique of the Armée de l'air NOR : DEFH0801155D ELI: Alias: Prime Minister, on the report of the Minister of defence, having regard to the code of defense (legislative part), including the book I, count of part 4.
Having regard to the civil and military retirement pensions code, including article L. 5;
Mindful of Decree No. 2008-961 12 September 2008 on the military engaged;
Having regard to the opinion of the High Council of military service dated March 30, 2007;
The Council of State (finance section) heard, decreed: Chapter I: General provisions Article 1 more on this article...

Students from the technical school of the air force are admitted as non-commissioned members committed, upon their arrival in school and for the duration of schooling.
Students receive secondary school education and military training preparing them for specialized employment of non-commissioned officer.
At the end of schooling, education is sanctioned by obtaining the general baccalaureate (Science series), technological or professional and military training leads to a military certificate.

Article 2 more on this article...

Admission to the technical school of the air force is done: 1 ° in the 1st year of schooling: by competitive open to candidates following or who have completed a secondary education second class;
2 ° in 2nd year of schooling: competition on title open to candidates who have successfully completed a first scientific, technological or professional class.
Applicants must be aged at least 16 years and 18 years on the first day of the month of arrival in school.
The list of series and specializations of secondary education followed by the candidates as well as the aptitude requirements to stand for the competition provided by this Decree shall be determined by order of the Minister of defence.
Programmes, the conditions of organization and conduct of the competition and the weightings assigned to the various events are fixed by order of the Minister of defence.

Article 3 read more on this article...

Students can withdraw the undertaking referred to in article 1 within a period of two months following its signature.
When the students were already engaged at the time of their admission to school, they terminate this commitment and sign a new contract as provided for in article 1.

Chapter II: Education of students Article 4 in more on this article...

The duration of the training provided by the technical school of the air force is two years for pupils admitted to the title under the 1 ° of article 2 and a year for those admitted to the title under the 2nd of the same article.
Students are educated and maintained free of charge.

Article 5 read more on this article...

Students are subject to the rules of procedure of the school, established by the Minister of defence, and specifically states that the permission regime for students as well as the living conditions at the school.
They fall under the disciplinary regime provided for in articles r. 4137-9 to R. 4137-113 of the defence code.

Article 6 read more on this article...

The Council of instruction includes: 1 ° the Commander of the school, president;
2 ° the second-in-command of the technicians students training centre;
3 ° representatives of the Directorate of military and academic instruction within the school;
4 ° a professor or instructor of the school designated by the commandant of the school.
The Chief Medical Officer of the school sits on the Board with advisory vote.
The Council meets behind closed doors at the invitation of the commandant of the school.
The opinion of the Board of education is expressed by a majority of the votes. In case of equal division of votes, the president is dominating.
The commandant of the school may convene Advisory, any person whose presence at the Council of instruction is deemed useful.
Are subject to the opinion of the Council of instruction: 1 ° in case of unsatisfactory school results, proposals for repeating a school year, school exclusion and termination of contract;
2 ° the proposals of change of direction.
The concerned student is, in all cases, summoned by the Board of education. It may ask to be assisted by an officer or a non-commissioned officer of his choice belonging to the supervision of the school.

Chapter III: End of the tuition Article 7 in more on this article...

After having passed the tests of end of schooling, students endorsed a commitment of five years, in respect of air or another army or attached training army, with the rank and seniority in grade and service acquired during education. This commitment takes effect as of the day of the release of the school.
In addition, qualify to take out a new commitment to the first rank of non-commissioned member, in respect of army air or another army or related training: 1 ° of right, on request, students mentioned in the second paragraph of article 3 and who have been excluded from school; the term of the new contract cannot be earlier than that fixed by the contract of employment held by the person concerned before its admission to the school.
2 ° on request approved, students mentioned in the 1 ° and 2 ° of article 2 which do not have passed the tests of school; the duration of the new contract cannot be less than three years.

Article 8 more on this article...

Services made since the date of signing of the commitment for the period of education are taken into account in the constitution of the right to pension, in accordance with the provisions of article 5 of the code of civil and military retirement pensions.

Article 9 read more on this article...

Students compete for advancement from the age of 17.

Article 10 more on this article...

Are required, under the conditions laid down in this article, to a refund of the compensation they have received during their schooling: 1 ° the students who are excluded from school;
2 ° students who do not subscribe the commitment under article 7 in respect of army air or another army or related training;
3 ° the former students who do not fulfill the total duration of this commitment.
However, in decision of the Minister of defence, the reimbursement is not due if exclusion from school, the absence of subscription or breach of the commitments are not attributable to the persons concerned.
Reimbursement shall, where appropriate, be prorated to the time remaining in the service of the State under the conditions defined in the table below: time spent in the SERVICE of the State after the release of school reimbursement rates (in percent) less than 2 years or non-commitment on the basis of education 100 of 2 less than 3 years 70 of 3 less than 4 years 40 of 4 within 5 years 10 refund action is deferred for former students that pursuing their studies after the baccalauréat, within a maximum period of one year after the completion of these studies, entering the service of the State for a minimum period of five years. The waiver of repayment of the sums due is definitely acquired when stakeholders justify completing ongoing services for the State of the time required to complete the commitment provided for in article 7.

Article 11 read more on this article...

Decree No. 79 - 1092 12 December 1979relatif to students in technical or preparation of the military schools is repealed.

Article 12 read more on this article...

This Decree shall enter into force on the date of arrival in school students recruited by competition from 2009.

Article 13 read more on this article...

The Minister of defence, the Minister of budget, public accounts and public service and the Secretary of State for public service are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Done at Paris, on September 12, 2008.
François Fillon Prime Minister: the Minister of defence, Hervé Morin Minister of budget, public accounts and public service, Eric Woerth André Santini, Secretary of State in charge of public service

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