Key Benefits:
Publics concerned: contracting agents of the State or one of its public institutions under the Ministry of National Education and the Ministry of Higher Education and Research, contracting agents of the Agency for the Evaluation of Research and Higher Education and contracting agents under a group of establishments established pursuant to Article L. 423-1 of the Code of Education in its version prior to the entry into force of Act No. 2011-525 of 17 May 2011 simplification and improvement of the quality of law or constituted as a group of public interest under this law.
Subject: rules applicable within the Department of National Education for the organization of reserved recruitments.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree sets out the list of bodies and grades open to reserved recruitments as well as the mode of access to each of these bodies. Candidates for reserved recruitments of counsellors of orientation-psychologist, a regulated profession, must complete, on the closing date of registration, the conditions of qualification set out in Article 4 of the Decree of 20 March 1991. Candidates presenting themselves to the reserved competitions of teachers of physical and sports education and teachers of schools must hold the qualifications in aquatic lifesaving or swimming and rescue at the date of their tenure for eligible candidates.
References: the decree is taken for the application of theArticle 1 of Act No. 2012-347 of 12 March 2012. It is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of National Education,
Considering the education code;
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 la Act No. 2011-525 of 17 May 2011 modified to simplify and improve the quality of law;
Vu la Act No. 2012-347 of 12 March 2012 relating to access to full employment and the improvement of the conditions of employment of contractual agents in the public service, the fight against discrimination and various provisions relating to the public service;
Vu le Decree No. 70-738 of 12 August 1970 amended on the special status of principal advisers and education advisers;
Vu le Decree No. 72-581 of 4 July 1972 amended on the special status of certified teachers;
Vu le Decree No. 80-627 of 4 August 1980 amended on the special status of teachers of physical and sport education;
Vu le Decree No. 90-255 of 22 March 1990 Amending the list of diplomas to make professional use of the psychologist's title;
Vu le Decree No. 90-680 of 1 August 1990 amended with special status of school teachers;
Vu le Decree No. 91-290 of 20 March 1991 amended with respect to the specific status of information and guidance centre directors and counselling counselors;
Vu le Decree No. 91-1195 of 27 November 1991 amended with statutory provisions applicable to the body of national education physicians and to the use of a national technical education physician;
Vu le Decree No. 92-1189 of 6 November 1992 modified on the special status of professional high school teachers;
Vu le Decree No. 2004-592 of 17 June 2004 amended with respect to the qualifications for aquatic lifesaving and the required rescue of personnel under the Minister for National Education and providing physical and sport education in public educational institutions and in private educational institutions under contract of the second degree;
Vu le Decree No. 2006-1732 of 23 December 2006 bringing statutory provisions relating to the body of officers of the administration of national education and higher education;
Vu le Decree No. 2008-1386 of 19 December 2008 bringing transitional provisions concerning the creation of the body of the administrative assistants of national education and higher education and amending it Decree No. 2005-1191 of 21 September 2005 amended on the evaluation and appraisal of some officials of the Ministry of National Education, Higher Education and Research;
Vu le Decree No. 2010-302 of 19 March 2010 Amending the common statutory provisions applicable to the bodies of the administrative secretaries of the state administrations and to some similar bodies under the Decree No. 2009-1388 of 11 November 2009 bringing statutory provisions common to various bodies of officials of category B of the public service of the State;
Vu le Decree No. 2012-631 of 3 May 2012 relating to the eligibility conditions of candidates for recruitments reserved for access to the bodies of officials of the State of categories A, B and C and setting the general conditions for the organization of these recruitments in accordance with the Act No. 2012-347 of 12 March 2012 relating to access to full employment and the improvement of the conditions of employment of contractual agents in the public service, the fight against discrimination and various provisions relating to the public service;
Vu le Decree No. 2012-762 of 9 May 2012 bringing statutory provisions common to class nurses State administrations;
Considering the advice of the Ministerial Technical Committee on National Education of 19 July 2012;
The State Council (Section of Administration) heard,
Decrete:
The appendices to this Order set out the list of bodies and grades under the authority of the Minister for National Education accessible by means of reserved recruitment under the provisions of Chapter I of the above-mentioned Act of 12 March 2012 and the method of recruitment in these bodies.
The bodies and grades of teachers, education and guidance officials referred to in Appendix 1 are accessible under the conditions provided for in thearticle 2 of the decree of 3 May 2012 referred to above and to this annex, to contract agents under the Minister for National Education or one of its public institutions and to contract agents recruited by higher education institutions under the Minister for Higher Education who meet the conditions set out in the above-mentioned Articles 2 and 4 of the Act of 12 March 2012 referred to above and articles 2 and 3 of this Decree.
The bodies and grades of administrative and health officials referred to in Appendix 2 are accessible under the conditions specified inarticle 2 of the decree of 3 May 2012 referred to above and to this annex, to contract agents under the Minister for National Education or one of its public institutions, to contract agents under the Minister for Higher Education and Research, or to one of the public institutions, except for public institutions of a scientific and technological nature, and to contract agents of the Agency for the Evaluation of Research and Higher Education who meet the conditions set out in the Articles 2 and 4 of the Act of 12 March 2012 referred to above.
The bodies and grades referred to in Annexes 1 and 2 are also available, under the same conditions, to contractual agents under a group of establishments created pursuant to Article L. 423-1 of the Education Code in its version before the entry into force of the provisions of Act of 17 May 2011 referred to above or constituted, on the closing date of registration, in the form of a public interest group pursuant to the provisions of Chapter II of the Act of 17 May 2011 referred to above.
Candidates for reserved competitions organized for the recruitment of counsellors-psychologists must complete, at the closing date of the registrations, the qualification conditions set by thearticle 4 of the decree of 20 March 1991 referred to above.
Candidates for reserved competitions for the recruitment of physical and sport education teachers must hold the qualifications for aquatic life and rescue under the conditions set by the Decree of 17 June 2004.
Candidates for reserved vocational examinations for the recruitment of teachers in schools must hold the qualifications for swimming and rescue under the conditions established by the Decree of 17 June 2004.
By derogation from article 3 of the same decree, the justification for the qualifications in aquatic life, swimming and rescue is required on the date of registration for candidates admitted to these reserved recruitments.
The winners of the competitions reserved for access to the body of national education doctors are appointed in accordance with the terms applicable to officers recruited on the basis of article 4 of the decree of 27 November 1991 referred to above.
The winners of the contests reserved for access to the body of the nurses of national education and higher education are appointed in accordance with the terms applicable to officers recruited on the basis of the provisions of Article 5 of the Decree of 9 May 2012 referred to above.
The Minister of National Education, the Minister of Economy and Finance, the Minister of State Reform, Decentralization and Public Service, and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with regard to the execution of this decree, which will be published in the Official Journal of the French Republic.
A N N E X E S
A N N E X E 1
| Teachers of normal schools | Professionalized examination reserved | Contractual agents under the Minister for National Education or one of its public institutions |
| Professional high school teachers of normal class | Professionalized examination reserved | and |
| Certified normal class teachers | Contest reserved | Contractual agents recruited in higher education institutions under the Minister for Higher Education and Research |
| Teachers of normal physical and sport education | Contest reserved | and |
| Senior Normal Education Advisors | Contest reserved | Contractual agents in a group of establishments referred to in the last paragraph of section 1 |
| Guidance counselors-psychologists | Contest reserved | |
A N N E X E 2
| Administrative Assistants to National Education and Higher Education, 2nd Class | Recruitment reserved without competition | Contractual agents of the Minister for National Education or one of his public institutions |
| Administrative Assistants for National Education and Higher Education | Professionalized examination reserved | and |
| | | Contractors under the authority of the Minister for Higher Education and Research, or one of its administrative public institutions, excluding scientific and technological public institutions |
| | | and |
| Administrative Secretaries of National Education and Normal Higher Education | Professionalized examination reserved | Contractual Agents of the Research and Higher Education Evaluation Agency |
| | | and |
| Attachés d'administration de l'éducation nationale et de l'enseignement supérieur | Contest reserved | Contractual agents in a group of establishments referred to in the last paragraph of section 1 |
| Nurses of National Education and Normal Higher Education | Contest reserved | Contractual agents under the Minister for National Education or one of its public institutions |
| | | and |
| 2nd Class National Education Doctors | Contest reserved | Contractual agents under the Minister for Higher Education and Research or one of its administrative public institutions, excluding scientific and technological public institutions |
| | | and |
| | | Contractual Agents of the Research and Higher Education Evaluation Agency |
Done on 28 December 2012.
Jean-Marc Ayrault
By the Prime Minister:
Minister of National Education,
Vincent Peillon
Minister of Economy and Finance,
Pierre Moscovici
The Minister of State Reform,
decentralization
and the Public Service,
Marylise Lebranchu
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
