Key Benefits:
Publics concerned: staff members of the employment framework of local educators and territorial social workers who hold the state diploma of social and family intervention technician.
Purpose: Re-engineering the employment framework of educators.
Entry into force: the text comes into force on the day after its publication.
Notice: As part of the implementation of the Category B reform in the territorial public service, the decree aims to provide the territorial educators with a revalued indiciary grid and to open the employment framework to the social and family technicians. Thus, the decree creates a new framework of employment with two specialties corresponding to level IV diplomas (level of the baccalaureate): teacher and technician of social and family intervention.
The career structure includes two grades, instead of one currently. They correspond to the first two grades of the new statutory space of category B (NES).
The decree specifies the reclassification of educators during the initial constitution of the employment framework and provides for the possibility of access by means of an exceptional internal promotion open to social agents (category C) holders of the state diploma of social and family intervention technician who have satisfied a professional examination organized within one year.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of State Reform, Decentralization and Public Service,
Considering the code of social action and families;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-53 of 26 January 1984 amended with statutory provisions relating to the territorial public service;
Vu le Decree No. 86-68 of 13 January 1986 amended on detachment positions, out of frameworks, availability and parental leave of territorial officials;
Vu le Decree No. 95-1018 of 14 September 1995 Amending the division of territorial officials into hierarchical groups pursuant to section 90 of the Act of 26 January 1984 on statutory provisions relating to the territorial public service;
Vu le Decree No. 2007-196 of 13 February 2007 amended on the qualification equivalencies required to compete in public service access competitions and employment frameworks;
Vu le Decree No. 2008-512 of 29 May 2008 amended on mandatory statutory training of territorial officials;
Vu le Decree No. 2010-311 of 22 March 2010 concerning the modalities of recruitment and reception of nationals of the Member States of the European Union or of another State Party to the agreement on the European Economic Area in a body, employment framework or employment of the French public service;
Vu le Decree No. 2010-329 of 22 March 2010 amended bringing statutory provisions common to various employment frameworks of officials in Category B of the Territorial Public Service;
Considering the opinion of the Superior Council of the Territorial Public Service of 3 October 2012;
Considering the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated November 8, 2012;
The State Council (Section of Administration) heard,
Decrete:
Territorial family instructors and educators constitute a category B social employment framework within the meaning of section 5 of the Act of 26 January 1984 referred to above.
This employment framework includes the ranks of educator and family stakeholder, educator and primary family stakeholder.
Members of the employment framework carry out their duties in the areas of child assistance and assistance and social and family intervention.
1° As part of the first mission, members of the employment framework participate in the implementation of social, educational and therapeutic projects.
They perform their duties with children and adolescents with disabilities, unadapted or in danger of inadaptation. They provide support to disabled, unsuitable or inadvertent adults who are in difficulty of insertion or dependency.
They participate in the education, animation and organisation of the daily lives of people welcomed in conjunction with other social workers, including professionals in specialized education.
2° As part of the second mission, the members of the employment framework carry out preventive, educational and restorative social interventions aimed at promoting the autonomy of people and their integration into their environment, through activities to help children's life and education.
They intervene at home, usually or substitute, people, in their environment or in institutions.
Recruitment as an educator and family stakeholder comes after registration on the fitness list established pursuant to the provisions of section 36 of the Act of 26 January 1984 referred to above.
Candidates who have been declared admitted to one of the competitions on open titles shall be registered on the aptitude list provided for in Article 3 of this decree:
1° For the speciality "teacher-teacher": candidates who hold the state diploma of instructor-educator or hold a recognized degree equivalent under the conditions provided by the decree of 13 February 2007 referred to above ;
2° For the specialty "Social and Family Intervention Technician": candidates who hold the state diploma of social and family intervention technician or hold a recognized degree equivalent in the conditions provided by the decree of 13 February 2007 referred to above.
The nature and modalities of the competition test are determined by decree taking into account the requirements for the nature of each specialization.
The competitions are organized by management centres for affiliated communities and public institutions and by public communities and institutions themselves when they are not affiliated. The organizing authority sets out the organizational arrangements, the rules of discipline, the number of open positions and the date of the trial. It sets out the list of candidates authorized to compete. She also stops the aptitude list.
Candidates on the suitability list provided for in Article 4 of this Order and recruited on a job of one of the public authorities or institutions referred to in Article 2 of the Act of January 26, 1984 referred to above shall be appointed as instructors-educators and family interns, for a period of one year, by the territorial authority vested with the appointing authority.
During their internship, they are required to undergo integration training, under the conditions provided by the decree of 29 May 2008 referred to abovefor a total duration of five days.
The securitization of trainees takes place at the end of the course, particularly in the light of a certificate of follow-up to the integration training established by the National Centre of the Territorial Civil Service. When titularization is not pronounced, the trainee is either terminated if he had not previously been a civil servant or reintegrated into his or her original employment, body or job.
However, the territorial authority may, on an exceptional basis, decide that the internship period is extended for a maximum of one year.
Trainees, upon appointment in this employment framework, shall be classified at the 1st level, subject to the provisions of Articles 13 to 20 and 23 of Decree No. 2010-329 of 22 March 2010 referred to above and those of Article 8 of this Order.
provided that they have justified in their previous functions the possession of the titles or diplomas provided for in section 4 of this decree, the instructors and family stakeholders who, prior to their appointment in this framework of employment, have been employed and paid in functions commensurate with those of educators and territorial family stakeholders by a care institution or by a social or medico-social institution, public or private, and may no longer
Resuming seniority under this section can only be attributed once in the course of their careers.
The resumption of services under the first paragraph may not exceed the duration resulting from the application of theArticle 15 of Decree No. 2010-329 of 22 March 2010plus the length of time separating the date of entry into force of this Order in Council from the date of appointment as part of the employment of local educators and family stakeholders.
Within two years after their appointment under Article 5 of this Decree, their detachment or direct integration provided for in Article 17 of this Decree, the members of this Employment Framework shall be obliged to undergo vocational training in the first employment, under the conditions provided for by the decree of 29 May 2008 referred to abovefor a total duration of five days.
At the end of the two-year period provided for in the previous article, the members of this employment framework are required to undergo vocational training throughout the career, under the conditions provided by the decree of 29 May 2008 referred to aboveat two days per five-year period.
When they reach a position of responsibility, within the meaning ofarticle 15 of the decree of 29 May 2008 referred to above, the members of this employment framework shall be required, within a period of six months from their assignment to the employment in question, to be trained, for a period of three days, under the conditions prescribed by the same decree.
In the event of an agreement between the officer and the territorial authority to which he reports, the duration of the formations referred to in sections 9, 10 and 11 may be extended to a maximum of ten days.
The grades of instructor-teacher/family stakeholder and instructor-teacher and primary family stakeholder include thirteen steps.
The maximum duration and minimum duration of the time spent in each of the grade levels are fixed and follows:
| Education Monitor and Senior Family Intervenor | | |
| 13th step | ― | ― |
| 12th step | 3 years 3 months | 4 years |
| 11th step | 3 years 3 months | 4 years |
| 10th step | 2 years 7 months | 3 years |
| 9th step | 2 years 7 months | 3 years |
| 8th step | 2 years 7 months | 3 years |
| 7th step | 2 years 7 months | 3 years |
| 6th step | 2 years 7 months | 3 years |
| 5th step | 2 years 7 months | 3 years |
| 4th step | 2 years | 2 years |
| 3rd step | 2 years | 2 years |
| 2nd step | 2 years | 2 years |
| 1 step | 1 year | 1 year |
| Educator and family stakeholder | | |
| 13th step | ― | ― |
| 12th step | 3 years 3 months | 4 years |
| 11th step | 3 years 3 months | 4 years |
| 10th step | 2 years 7 months | 3 years |
| 9th step | 2 years 7 months | 3 years |
| 8th step | 2 years 7 months | 3 years |
| 7th step | 2 years 7 months | 3 years |
| 6th step | 2 years 7 months | 3 years |
| 5th step | 2 years 7 months | 3 years |
| 4th step | 2 years | 2 years |
| 3rd step | 2 years | 2 years |
| 2nd step | 2 years | 2 years |
| 1 step | 1 year | 1 year |
Grade advancement is carried out according to the conditions provided by the I of Article 25 of Decree No. 2010-329 of 22 March 2010 referred to above.
The professional examination provided for in 1° of Article 25 of the above-mentioned decree is organized by the management centres for affiliated public communities and institutions and by non-affiliated communities and institutions themselves when they are not affiliated. The procedure for organizing this professional examination, as well as the terms and contents of the test, are set by decree.
Staff members promoted are classified in accordance with the following correspondence table:
| 13th step | 12th step | Formerly acquired, increased by two years. |
| 12th step: | | |
| ― from two years | 12th step | Formerly acquired beyond two years. |
| - before two years | 11th step | Older acquired aged two years |
| Step 11: | | |
| ― from two years | 11th step | Formerly acquired beyond two years. |
| - before two years | 10th step | Formerly acquired over a year. |
| Step 10: | | |
| ― from two years | 10th step | Formerly acquired beyond two years |
| - before two years | 9th step | Older acquired aged one year |
| 9th step: | | |
| ― from two years | 9th step | Formerly acquired beyond two years |
| - before two years | 8th step | Older acquired aged one year |
| 8th step: | | |
| ― from two years | 8th step | Formerly acquired beyond two years |
| - before two years | 7th step | Older acquired aged one year |
| Step 7: | | |
| ― from two years | 7th step | Formerly acquired beyond two years |
| - before two years | 6th step | Older acquired aged one year |
| Step 6: | | |
| ― from two years | 6th step | Formerly acquired beyond two years |
| - before two years | 5th step | Older acquired aged one year |
| Step 5: | | |
| ― from two years | 5th step | Formerly acquired beyond two years |
| - before two years | 4th step | Formerly acquired |
| Step four: | | |
| ― from a year | 4th step | Not old |
Officials belonging to a body or employment framework classified in category B or equivalent level may be detached or directly integrated into this employment framework if they justify one of the diplomas or titles mentioned in section 4 above.
Employees who have been seconded in this employment framework may, upon request, be integrated into the employment framework when they have been seconded for at least two years.
Territorial instructors governed by the Decree No. 92-847 of 28 August 1992 bearing the specific status of the employment framework of territorial monitors are included in this employment framework in accordance with the following correspondence table:
| Educator | Educator and family stakeholder | |
| 13th step | 12th step | Formerly acquired |
| 12th step | 12th step | Not old |
| Step 11: | | |
| ― from a year | 11th step | Twice the seniority acquired beyond a year |
| - before a year | 10th step | Formerly acquired, increased by one year |
| 10th step | 10th step | 2/3 of acquired seniority |
| 9th step | 9th step | Formerly acquired |
| 8th step | 8th step | Formerly acquired |
| 7th step | 7th step | Formerly acquired, increased by one year |
| Step 6: | | |
| ― from a year | 7th step | Older acquired beyond a year |
| - before a year | 6th step | Formerly acquired, increased by two years |
| 5th step | | |
| from six months | 6th step | 4/3 of the old age acquired beyond six months |
| before six months | 5th step | Twice the acquired seniority, increased by two years |
| Step four: | | |
| from six months | 5th step | 4/3 of the old age acquired beyond six months |
| before six months | 4th step | Twice the acquired seniority, increased by two years |
| Step three: | | |
| ― from a year | 4th step | Older acquired beyond a year |
| - before a year | 3rd step | Twice acquired seniority |
| 2nd step: | | |
| from six months | 2nd step | 4/3 of the old age acquired beyond six months |
| before six months | 1 step | Twice acquired seniority |
| 1 step | 1 step | Not old |
For a period of eighteen months from the publication of the decree referred to in the fifth paragraph of this section, may be entered on a fitness list established pursuant to the provisions of 1° of section 39 of the Act of 26 January 1984 referred to above for access to this employment framework, territorial social agents who meet the following conditions:
1° Be a holder of the State degree of social and family intervention technician;
2° Justify by an employer's certificate to perform, on the date of entry into force of this decree, the functions of a family worker or a social and family technician;
3° Having satisfied a professional examination.
This examination includes a test whose terms are fixed by decree. It is organized within one year of the publication of this decree by the management centres for affiliated public communities and institutions and by non-affiliated communities and institutions themselves when they are not affiliated.
Staff members on the fitness list referred to in the first paragraph and recruited under this employment framework are appointed under the conditions set out in Chapter III.
I. ― Candidates received for access to the employment framework of territorial monitors governed by the Decree No. 92-847 of 28 August 1992 bearing the specific status of the employment framework of the territorial monitors, opened before the date of entry into force of this Order, retain the possibility of being appointed trainees in this employment framework at the level of educator and family stakeholder.
II. ― Employees who have begun their internship in the above-mentioned jobs of territorial instructors continue their internship in this employment framework.
Contractual staff recruited under the seventh paragraph of Article 38 of the above-mentioned Act of 26 January 1984, whose purpose is to be titularized in the rank of educator-monitor, shall be held in office and shall be held in the rank of educator-teacher and family stakeholder governed by this decree.
Employees who are seconded in the employment of territorial instructors governed by the Decree No. 92-847 of 28 August 1992 bearing particular status of the employment framework of the territorial monitors are placed in the detachment position in this employment framework for the remaining detachment period. They are classified in accordance with the correspondence table in section 18.
The services performed by the employees in the position of detachment in their previous employment framework are assimilated to services performed in the position of detachment in the context of employment and the degree of integration.
Public servants are reclassified to this employment framework by order of the territorial authority to which they report. This reclassification takes effect on the effective date of this decree.
I. ― At the 1st of Article 4 of the above-mentioned Decree of September 14, 1995, the words: "teacher monitors" are replaced by the words: "educator monitors and family stakeholders, educators and key family stakeholders".
II. ― article 4 of the decree of 14 September 1995 referred to above in its drafting of this decree may be amended by decree.
Decree No. 92-847 of 28 August 1992 on the special status of the employment framework of territorial monitors is repealed.
The Minister of Economy and Finance, the Minister of the Interior, 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 it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 10 June 2013.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of State Reform,
decentralization
and the Public Service,
Marylise Lebranchu
Minister of Economy and Finance,
Pierre Moscovici
The Minister of the Interior,
Manuel Valls
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
