Key Benefits:
Publics concerned: private higher education institutions.
Purpose: Terms and conditions for the qualification of a private higher education institution of general interest and rules of composition and operation of the private higher education advisory committee.
Entry into force: the text comes into force on the day after its publication. The Advisory Committee on Private Higher Education shall remain in office until the establishment of the committee composed in accordance with section 1 which shall intervene within three months of the date of publication of this Order.
Notice: the decree provides:
- the terms and conditions for the qualification of a private higher education institution of general interest to private higher education institutions;
- the rights and obligations arising from this qualification for the establishments to which it is granted;
- the content of the multi-year contract concluded in this framework between the State and the institution (modalities of State support and commitments of the establishment in return) and its duration and the conditions of its renewal;
- the rules for the composition and functioning of the Private Higher Education Advisory CommitteeArticle L. 732-1 of the Education Code.
References: the decree is made in accordance with the provisions of theArticle 70 of Act No. 2013-660 of 22 July 2013 related to higher education and research. The decree and the education code that it amends can be found on the site Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of National Education, Higher Education and Research,
Vu le education codeincluding articles L. 123-3, L. 471-1 to L. 471-5, L. 613-7, L. 731-1 to L. 731-19 and L. 732-1 to L. 732-3;
Vu le Decree No. 2006-672 of 8 June 2006 modified on the establishment, composition and functioning of administrative advisory commissions;
Vu le Decree No. 2009-628 of 6 June 2009 relating to certain administrative advisory commissions under the Ministry of Higher Education and Research;
The State Council (inland section) heard,
Decrete:
Title III of Book VII of Part III of the Regulations of the Education Code is amended to read:
1° The single chapter becomes a chapter I entitled: "Opening of private higher education institutions" and the title of section 1 becomes: "How to open private higher education institutions";
2° After the article D. 731-6, a chapter II is added to read as follows:
“Chapter II
"Reports between the State and private non-profit higher education institutions
“Section 1
"The qualification of a private higher education institution of general interest
"Art. R. 732-1.-The application for a qualification of general interest under section L. 732-1 is filed by the legal representative of the legal person responsible for the management of the institution with the Minister responsible for higher education.
"She has a file indicating:
« 1° The status, budget and accounting framework, the non-profit nature, the substantive rules of operation of the institution, its training offer and its geographic location, which should include an assessment of its management independence;
« 2° The means and actions implemented by the institution to contribute to the public service of higher education defined in Article L. 123-3, including its social policy.
"A change affecting the content of the file is immediately brought to the attention of the Minister responsible for higher education.
"Renewal of the qualification is granted under the same conditions.
"Art. R. 732-2.-The private higher education institution having obtained the qualification of general interest mentions it in its advertisement in accordance with Article L. 731-19 and clearly identifies the training courses leading to diplomas conferring a university degree or referred to by the State. This advertisement is implemented in accordance with the provisions of articles L. 471-2 to L. 471-5 and R. 471-1 to R. 471-7 relating to advertising and demarcation.
"The qualification of general interest attributed to a private higher education institution is mentioned in the publications of the department responsible for higher education and research.
"Art. D. 732-3.-The multi-year contract concluded by the State, pursuant to Article L. 732-2, with a private higher education institution qualified as a general interest, determines, subject to compliance with the financial laws, the modalities of State support and the commitments of the institution in consideration.
"Art. D. 732-4.-The first contract is entered into for a period between one and five years.
"The contract is renewed under the same conditions for a period of five years after evaluation of the High Council for the Evaluation of Research and Higher Education.
“Section 2
"The Private Higher Education Advisory Committee
"Art. D. 732-5.-The Advisory Committee on Private Higher Education comprises fourteen members:
« 1° Two to four presidents of associations comprising private higher education institutions;
« 2° Qualified personalities with knowledge of the issues of higher education, including private higher education institutions, including three proposed by the presidents mentioned in the 1st.
"They are appointed for a period of three years renewable by order of the minister responsible for higher education.
"Art. D. 732-6.-The Chairman of the Advisory Committee on Private Higher Education shall be appointed by order of the Minister for Higher Education among the qualified personalities referred to in 2° of section D. 732-5.
"Art. D. 732-7.-The Advisory Committee for Private Higher Education meets at least three times a year on the convocation of its Chair. It also meets upon request of at least half of its members or the Minister responsible for higher education.
"The committee's secretariat is provided by the services of the minister responsible for higher education.
"The other operating modalities of the Advisory Committee on Private Higher Education are those set by the Decree No. 2006-672 of 8 June 2006 on the establishment, composition and functioning of consultative administrative commissions. »
Private Higher Education Advisory Committee extended by the decree of 6 June 2009 referred to above shall remain in office until the establishment of the Private Higher Education Advisory Committee established pursuant to section 1 which shall intervene within three months of the date of publication of this Order.
The Minister of National Education, Higher Education and Research and the Secretary of State for Higher Education and Research are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on June 18, 2014.
Manuel Valls
By the Prime Minister:
Minister of National Education, Higher Education and Research,
Benoît Hamon
State Secretary for Higher Education and Research,
Geneviève Fioraso