Key Benefits:
Publics concerned: users and staff of higher schools of faculty and education.
Purpose: composition and operation of the governance bodies of the higher schools of faculty and education.
Entry into force: the text comes into force on 1 September 2013.
Notice: Pursuant to section L. 721-3 of the Education Code, higher schools of faculty and education are administered by counsel and run by a director. They also include a scientific and educational guidance board. The decree specifies the composition of these bodies. The board of the school includes, in addition to representatives of the integrator institution, at least 30% of external personalities designated by the rector and, where applicable, partner institutions and elected representatives of staff and users (students, interns, teachers and education staff benefiting from continuous training actions and persons benefiting from training courses and education activities). The Scientific and Educational Guidance Board includes representatives of the integrator institution and, where applicable, partner institutions and external personalities.
The other provisions specify the conditions for the election of the chair of the board of the school and the respect for parity within the boards, the conditions for the exercise of the right to vote and eligibility, the duration of the term of office of the board members, and the loss of the quality of a board member. The school's rules of procedure will complement the rules of organization and operation of these councils.
The transitional provisions provide for the constitution of the first board of the school.
References: This decree is taken for the purposes of section 101 of Act No. 2013-595 of 8 July 2013 of guidance and programming for the re-foundation of the school of the Republic. The Education Code, in its drafting from this amendment, can be found on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of National Education and the Minister of Higher Education and Research,
Considering the education code, including articles L. 721-2, L. 721-3 and L. 719-1 and following;
Vu la Act No. 2013-595 of 8 July 2013 orientation and programming for the rebuilding of the school of the Republic;
Considering the opinion of the National Council for Higher Education and Research of 16 July 2013,
Decrete:
In the title of chapter I of title II of Book VII of the Education Code, the words: "Mission and organization of university teacher training institutes" are replaced by the words: "Organization of higher schools of faculty and education".
Sections D. 721-1 to D. 721-3 of the same code are replaced by sections D. 721-1 to D. 721-8 as follows:
"Art. D. 721-1.-The Board of the Higher School of Faculty and Education shall have a maximum of thirty members. It consists of:
« 1° Elected representatives of teachers and other personnel involved in the training activities of the school and the users who benefit from it:
“(a) Two representatives of the professors of universities and staff assimilated within the meaning of Article D. 719-4;
“(b) Two representatives of lecturers and similar staff within the meaning of Article D. 719-4;
"(c) Two representatives of other teachers and trainers from a higher education institution;
"(d) Two staff representatives from the Minister responsible for national education and serving in schools, institutions or services under the Minister;
“e) Two representatives of other staff;
“(f) Four or six representatives of students, interns, teachers and education staff benefiting from ongoing training actions and people benefiting from training activities in the professions of training and education;
« 2° One or more representatives of the institution under consideration by the school;
« 3° At least 30% of external personalities including:
“(a) At least one representative of a territorial community;
“(b) At least five personalities designated by the academy rector;
"(c) Personalities designated by public institutions of higher education partners as defined in Article L. 721-1;
"(d) Personalities designated by the members of the council mentioned in 1°, 2° and a, b and c of 3° above.
"Art. D. 721-2.-The president of the board of the school is elected from among the external personalities designated by the rector of the academy, by a majority vote of two towers, by an absolute majority of the votes cast in the first round, by a relative majority in the second round. In the event of an equal vote after the second round, the youngest candidate is elected.
"In case of equal sharing of voices at a session of the school board, the president has a preponderant voice.
"Art. D. 721-3.-The Scientific and Pedagogical Guidance Board shall be composed of:
« 1° 50% of legal members representing, in equal numbers, the establishment of the internal school and each of the partner institutions;
« 2° External personalities designated half by the academy rector and half by the school board.
"The council shall elect its president under the conditions defined by the rules of procedure referred to in section D. 721-8. In the event of the equal sharing of votes in a council session, the chair has a predominant voice.
"Art. D. 721-4.-The Board of the Higher School of Faculty and Education and the Scientific and Pedagogical Orientation Board shall include as many women as men under the following conditions:
"For the purposes of the second paragraph of Article L. 721-3 and in accordance with the provisions of Article L. 719-1, the lists of candidates for election to the board of the school are alternately composed of a candidate of each sex. When the distribution of seats between the lists, within each college referred to in Article D. 721-1, does not result in the election of an equal number of candidates of each sex, this is done to restore parity:
« 1° The last seat returning to a predominantly represented sex candidate is assigned to the following list candidate who is declared elected; this operation is repeated, if necessary, with the seat previously allocated to a candidate of the same sex, until parity is reached;
« 2° If a seat to be assigned to the following of the list under the 1° returns simultaneously to several lists having obtained the same number of votes, a lot shall be drawn to determine that of the lists whose last elected is replaced by the following of the list.
"If necessary, the parity between women and men is restored within each council by the designation of the personalities provided for in the 3rd of Article D. 721-1 for the school board and by the designation of the external personalities provided for in the 2nd of Article D. 721-3 for the scientific and educational guidance board.
"Art. D. 721-5.-Are electors and eligible in colleges referred to in Article D. 721-1:
« 1° Assimilated teachers and staff who participate in the activities of the school referred to in Article L. 721-2 for a period equivalent to at least 48 hours of their annual duties of supervised work;
« 2° Other teachers and trainers who participate in the activities of the school referred to in Article L. 721-2 for a period equivalent to at least 48 hours of their annual teaching service obligations;
« 3° Other personnel who participate in the activities of the school referred to in section L. 721-2 for at least one quarter of their reference service obligations;
« 4° Users under the conditions laid down in Article D. 719-14.
"Art. D. 721-6.- Council members are appointed for a five-year term, with the exception of representatives of users whose terms are two years. The term of office of council members ends when they have lost the quality under which they were elected or appointed.
"The members of the councils sit validly until their successors are appointed.
"Every appointed member who is not present or represented at three consecutive sessions is considered to be resigned. Any termination of office for any cause during the term of office shall result in the designation of a new personality under the same conditions, for the duration of the remaining term, unless the vacancy occurs less than six months before the expiry of the term.
"Art. D. 721-7.-The functions of a member of the school board and the scientific and educational guidance board are incompatible with each other.
"Art. D. 721-8.-The rules of procedure of the school determine the quorum rules applicable to the councils referred to in sections D. 721-1 and D. 721-3, the terms and conditions of their deliberations, the terms and conditions of representation of their members, the terms and conditions for convening, establishing and sending the agenda of the preparatory documents. He also specifies who replaces the president in the event of his failure. »
Chapter III of Title VII of Book VII of the Code of Education is supplemented by an article D. 773-20 as follows:
"Art. D. 773-20. - For the university teacher training institute of the University of French Polynesia, are electors and eligible:
« 1° In the college of other teachers-researchers and staff assimilated under the provisions of the order provided for in theArticle 6 of Decree No. 92-70 of 16 January 1992 relating to the National Council of Universities, assimilated professors and staff who provide in the university teacher training institute at least one quarter of their reference service obligations;
« 2° In the college of other teachers-researchers and staff assimilated under the provisions of the order provided for in theArticle 6 of Decree No. 92-70 of 16 January 1992 referred to above, other teachers, other trainers who provide in the university teacher training institute at least fifty annual hours of teaching. »
Chapter IV of Title VII of Book VII of the Education Code is supplemented by an article D. 774-20 as follows:
"Art. D. 774-20. - For the university teacher training institute of the University of New Caledonia, are electors and eligible:
« 1° In the college of other teachers-researchers and staff assimilated under the provisions of the order provided for in theArticle 6 of Decree No. 92-70 of 16 January 1992 relating to the National Council of Universities, assimilated professors and staff who provide in the university teacher training institute at least one quarter of their reference service obligations;
« 2° In the college of other teachers-researchers and staff assimilated under the provisions of the order provided for in theArticle 6 of Decree No. 92-70 of 16 January 1992 referred to above, other teachers, other trainers who provide in the university teacher training institute at least fifty annual hours of teaching. »
In the month following the creation and accreditation of the higher school of faculty and education under the conditions provided by theArticle 83 of the Act of 8 July 2013 referred to above, the rector of academy constitutes a commission responsible for the development of the statutes of the school including representatives of the institution under which the school and each of the partner institutions is located.
At the same time, on a proposal from the school and after advice from partner institutions, the rector of academy shall determine the composition of the board of the school and the strategic guidance board.
For the establishment of the first board of the school, on the proposal of the school and the partner establishments, the academy rector establishes the electoral lists by college. The terms and conditions of display are fixed and the requests for correction of these lists are processed in accordance with the provisions of Article D. 719-8 of the Education Code.
At the first meeting of the school board established under the conditions laid down in article L. 721-3 of the same code, the latter adopts the statutes of the school by a majority of the votes cast by members present and represented representing at least half of the members in office. These statutes are approved by the board of directors of the institution under consideration by the school.
The provisions of this Decree come into force on 1 September 2013.
The Minister of National Education and the Minister of Higher Education and Research are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 28 August 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Higher Education
and research,
Geneviève Fioraso
Minister of National Education,
Vincent Peillon
