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Decree No. 2009 - 1160 29 September 2009 Amending Decree No. 90-90 Of 24 January 1990 Relating To The Special Status Of Agricultural Vocational High School Teachers

Original Language Title: Décret n° 2009-1160 du 29 septembre 2009 portant modification du décret n° 90-90 du 24 janvier 1990 relatif au statut particulier des professeurs de lycée professionnel agricole

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Summary

Modification of art. 1 to 3, 5, 6, 6-1, 7, 101 12; insertion of art. 17-1 to 17-3; repeal of the chapter. VII (arts. 30-39) and art. 40 to 42.

Keywords

ALIMENT , AGRICULTURE , AGRICOLE , AGRICOLE PROFESSIONAL , PERSONNEL ENSIGNING , PROFESSIONAL PROFESSIONAL PROFESSIONAL AGRICOLE , PARTICULAR STATEMENT , ASSESSMENT , CONCOURAGE , PREPARATORY ,


JORF no.0227 of 1 October 2009
text No. 36



Decree No. 2009-1160 of 29 September 2009 amending Decree No. 90-90 of 24 January 1990 concerning the special status of teachers of professional agricultural school

NOR: AGRS0913595D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/9/29/AGRS0913595D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2009/9/29/2009-1160/jo/texte


The Prime Minister,
On the report of the Minister of Food, Agriculture and Fisheries,
Considering the education code;
In view of the rural code, including Book VIII;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 90-90 of 24 January 1990 modified in relation to the special status of professional agricultural high school teachers;
Vu le Decree No. 94-874 of 7 October 1994 amended to make provisions common to trainees of the State and its public institutions;
Vu le Decree No. 2004-1105 of 19 October 2004 concerning the opening of recruitment procedures in the public service of the State;
Considering the advice of the Departmental Joint Technical Committee of the Ministry of Food, Agriculture and Fisheries of 30 June 2009;
Considering the opinion of the Conseil supérieur de la service publique de l'État dated 16 July 2009;
The State Council (Section of Administration) heard,
Decrete:

  • CHAPTER IER: PERMANENT PROVISIONS Article 1 Learn more about this article...


    The above-mentioned Decree of 24 January 1990 is amended in accordance with the provisions of articles 2 to 15 of this Decree.

    Article 2 Learn more about this article...


    Section 1 is amended as follows:
    1° The sixth preambular paragraph is repealed;
    2° In the seventh paragraph, the words: 1st of Decree No. 85-1242 of 25 November 1985 the words "R. 421-79 of the Education Code" are replaced by the words "R. 421-79".

    Article 3 Learn more about this article...


    Section 2 is amended as follows:
    1° After the first paragraph of Article 2, it is inserted a paragraph as follows:
    "They may also exercise in classes or sections leading to the obtaining of patents of agricultural superior technicians and in trainings leading to the obtaining of professional licences when they are organized by agreement with public agricultural educational institutions under the Ministry of Agriculture and with the institutions referred to in Article R. 421-79 of the Education Code. » ;
    2° In the fourth paragraph, the words "of the law of 9 July 1984 referred to above" are replaced by the words "of section I of chapter 1 of title I of Book VIII of the Rural Code";
    3° In the last paragraph, the words: 1st of Decree No. 85-1242 of 25 November 1985 the words "R. 421-79 of the Education Code" are replaced by the words "R. 421-79".

    Article 4 Learn more about this article...


    In the last paragraph of Article 3, the words: " 1st of Decree No. 85-1242 of 25 November 1985 the words "R. 421-79 of the Education Code" are replaced by the words "R. 421-79".

    Article 5 Learn more about this article...


    Section 5 is amended as follows:
    1° The first paragraph is preceded by number I;
    2° The second and third paragraphs are replaced by the following:
    « 1° Candidates justify, on the closing date of registration records, the detention of a master or a title or diploma recognized equivalent by the Minister responsible for agriculture;
    « 2° Candidates justify, at the closing date of the registration registers, that they are enrolled in the final year of studies for the purpose of obtaining a master's degree or a recognized title or diploma equivalent by the Minister responsible for agriculture;
    « 3° Candidates who have had the status of a framework within the meaning of the collective labour agreement to which they are or are within the scope and warranting five years of professional activity as a framework; »
    3° The 3° and 4° are replaced by the following:
    « 4° In professional specialties, candidates justifying five years of professional practice or teaching of this practice and possessing a higher technician's patent, a higher agricultural technician's patent or a university degree of technology, or an equal or higher degree, or having benefited from a continuous training action leading to a level III professional qualification within the meaning of the law of 16 July 1971 referred to above;
    « 5° In the specialties for which there is no higher degree at level IV within the meaning of article L. 335-6 of the Education Code, candidates justifying seven years of a professional practice or teaching of such a practice and a level IV degree. »
    4° It is added a II as follows:
    “II. ― To be appointed in the body of professional agricultural high school teachers, the candidates mentioned in 2° of I having successfully undergone the examinations of the external competition must justify a master's degree or a degree recognized equivalent by the minister responsible for agriculture;
    "Candidates received for the contest and who cannot justify such a title or diploma in the coming year following their success in the contest retain the benefit of the competition until the next school year. If they then justify one of these titles or diplomas, they can be appointed as interns civil servants. Otherwise, they lose the benefit of the contest and cannot be appointed. »

    Article 6 Learn more about this article...


    Section 6 is amended as follows:
    1° 2° and 3° are replaced by the following:
    « 2° To officials of the State, territorial authorities and public institutions who depend on it, to the military, and to teachers who are not holders of public education institutions under the Minister for Agriculture and to teachers who are not holders of the establishments referred to in Article R. 421-79 of the Education Code for local public educational institutions under the Minister for the Sea, as well as candidates who have had the same quality for the last six years between the period
    "Candidates must meet one of the following three conditions:
    "(i) justify a general university degree or a higher technician's patent, or a higher agricultural technician's patent or a university degree in technology, or an equal or higher degree or qualification, or another title or diploma to compete in the external examination of the certificate of fitness for the agricultural technical education faculty and three years of public services;
    "in the specialties for which there is no higher degree than level IV within the meaning of the law of 16 July 1971 referred to above, justify a level IV or V degree and four years of public services;
    "that has had the quality of the framework within the meaning of the collective labour agreement they belonged to and justified five years of professional activity carried out in this capacity and three years of public services; »
    2° In the last paragraph, the numbering: "4°" is replaced by the numbering: "3°".

    Article 7 Learn more about this article...


    The first four paragraphs of 6-1 are replaced by the following:
    "The third competition giving access to the body of professional high school teachers is open to candidates justifying the exercise, for a period of at least five years, of one or more of the professional activities mentioned in the 3rd of Article 19 of the law of 11 January 1984 referred to above.
    "The professional activities carried out as a trainer referred to in Article L. 813-9 of the Rural Code are not taken into account under this section. »

    Article 8 Learn more about this article...


    Section 7 is replaced by the following:
    “Art. 7. ― Contests are open by order of the Minister responsible for agriculture made after notice of the Minister responsible for the public service according to the rules laid down by theArticle 2 of Decree No. 2004-1105 of 19 October 2004 concerning the opening of recruitment procedures in the public service of the State. The conditions required for the competitions are appraised at the closing date of the competition registration registers. »

    Article 9 Learn more about this article...


    Section 10 is replaced by the following:
    “Art. 10. ― Candidates received for the competitions provided for in sections 5, 6 and 6-1 are appointed professors of agricultural vocational high school trainees by the Minister responsible for agriculture and assigned for the duration of the internship in public agricultural educational institutions under the Minister responsible for agriculture, as well as in the institutions referred to in section R. 421-79 of the Education Code.
    "The internship has a duration of one year. During the course of their internship, the teacher trainees receive training in the form of actions organized in a public agricultural higher education institution, as well as a tutoring or other forms of training. The terms and conditions of the internship and the conditions of its evaluation by a jury are decided by the Minister for Agriculture.
    "At the end of the course, the titularisation is pronounced by the minister responsible for agriculture, on the proposal of the jury.
    "Capitalization confers the certificate of fitness to the professor of high school agricultural professional.
    "The Minister responsible for agriculture may authorize the completion of a second year of internship.At the end of this period, the person concerned is either titularized by the Minister or terminated, or reintegrated into his or her body, employment or employment of origin. »

    Article 10 Learn more about this article...


    Section 12 is amended as follows:
    1° At the b of 2° of Article 12, the words: "or who are part of the personnel mentioned in 1° and 2° of Article 74 of the law of 11 January 1984 referred to above and to teachers who do not hold the establishments referred to inArticle 1 of Decree No. 85-1242 of 25 November 1985 relating to local public educational institutions are replaced by the words: "and institutions referred to in Article R. 421-79 of the Education Code".
    2° The sixth preambular paragraph shall be replaced by the following:
    "The competitions are open by order of the Minister responsible for agriculture made after notice of the Minister responsible for the public service according to the rules set out in section 2 of the decree of October 19, 2004. The conditions required for the competitions are appreciated at the closing date of the registration registers for the competitions. »

    Article 11 Learn more about this article...


    In the title of Chapter III, the words "and delegation" are added.

    Article 12 Learn more about this article...


    After section 17, the following articles 17-1 to 17-3 are inserted:
    "Art. 17-1. ― Pursuant to the provisions of Article L. 932-4 of the Code of Education, professors of agricultural vocational high school may, at their request and after the advice of the competent administrative board, be placed as a delegation to a company developing activities in the educational field to carry out activities related to their teaching skills or the nature of their teaching.
    "During the delegation, the professor is in a position of activity. He/she receives a salary for the index corresponding to the level he/she has attained in his/her body, as well as the residence allowance and, where applicable, the family salary supplement, excluding duties allowances. The time spent in delegation is valid for seniority and takes into account when calculating the minimum time required to apply for a grade promotion or to a hierarchically superior body. It also counts for retirement and gives rise to civil pension deductions under the conditions set out in section L. 9 of the Civil and Military Pension Code.
    "Art. 17-2. ― Delegation to a company may only be authorized if the teacher has not been charged in the previous five years either to exercise control over that undertaking or to participate in the development or contracting of contracts or contracts with it.
    "Art. 17-3. ― The delegation is pronounced by order of the Minister of Agriculture for a maximum period of one year, renewable once, without its duration to exceed four years for the entire career.
    "The delegation period must coincide with the limits of a school year.
    "The delegation can intervene only after signing a convention between the Minister for Agriculture and the company, which defines the nature of the activities entrusted to the public servants, their terms and conditions of employment and the terms and conditions of control and evaluation of these activities. This agreement, referred to by the member of the General Economic and Financial Supervisory Body, provides for the reimbursement by the company of the remuneration of the person concerned and the related social expenses. When the delegation is granted for the establishment of a business, the agreement may, however, provide for the exemption of that refund for a period not exceeding six months. »

    Article 13 Learn more about this article...


    In the first paragraph of section 20, the words: "In the limit of budget jobs" are deleted.

    Article 14 Learn more about this article...


    At 2° of Article 29, the word "budgetary" is deleted.

    Article 15 Learn more about this article...


    I. ― Chapter VII is repealed.
    II. Sections 40 to 42 are repealed in Chapter VIII.

  • CHAPTER II: TRANSITIONAL AND FINAL PROVISIONS Article 16 Learn more about this article...


    Derogation from provisions of Article 5 of the Decree of 24 January 1990 referred to above may attend the 2010 session external competition and, in the event of a successful examination, be appointed interns at the beginning of 2010:
    1° Candidates present at the 2009 external competition eligibility tests. These candidates must meet the registration requirements in force at the 2009 session for the competition to which they apply;
    2° Candidates who were unable to compete for the 2009 external competition, as the section or option under which they had presented themselves to the eligibility test at the 2008 session was not opened in 2009. These candidates must meet the registration requirements in force at the 2009 session for the competition to which they apply;
    3° Applicants who have validated a post-secondary cycle of at least four years;
    4° Candidates enrolled in the 2009 academic year in the first year of study to obtain a master's degree or diploma deemed equivalent by the Minister of Agriculture. Such persons may only be appointed interns if they justify the validation of their year.

    Article 17 Learn more about this article...


    The provisions of this Order are applicable to trainees from the school year 2010, with the exception of those who, previously appointed trainees, have not completed their entire internship.
    They complete and validate their internship under the conditions in force at the time they were appointed interns.

    Article 18 Learn more about this article...


    The Minister of Budget, Public Accounts, Public Service and State Reform and the Minister of Food, Agriculture and Fisheries are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done in Paris, September 29, 2009.


François Fillon


By the Prime Minister:


Minister of Food,

agriculture and fisheries,

Bruno Le Maire

Minister of Budget, Public Accounts,

Civil Service

and state reform,

Eric Woerth


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