Key Benefits:
Law of 30 November 2006 laying down new provisions relating to participation in schools as provided for in the Law on Primary Education, the Law on the Centres of excellence and the Law on secondary education (Law participation in schools)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into consideration that it is desirable to Participation in education law 1992 to be replaced by a new law as it, in the interests of the proper functioning of the school, is intended to be Law on primary education , the Law at the centres of excellence and the Law on secondary education It is desirable to improve consultation and representation of the staff and parents and pupils of the School in the light of increasing the autonomy of the schools, and that it is also desirable to have the Participation in central services referred to in the said laws and regional centres of expertise as defined in the Law at the centres of excellence arrange as much as possible accordingly;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
This law shall be governed by:
a. "Our Minister": Our Minister of Education, Culture and Science and, in respect of agricultural education, Our Minister for Economic Affairs;
b. "School" means a school as intended in the Law on primary education , the Law at the centres of excellence , the Law on secondary education and the Teaching law education ;
c. "Central service" means a central service as defined by Article 68 of the Law on Primary Education , Article 69 of the Law at the centres of expertise and Article 53b of the Secondary Education Act ;
d. "cooperative arrangement" means a grouping as referred to in Article 1 of the Law on Primary Education and Article 1 of the Law on secondary education ;
e. "competent authority" as regards:
1. a school: the competent authority, referred to in the Law on primary education , the Law at the centres of excellence , the Law on secondary education and the Teaching law education ;
2. a central office: the management of the legal person, intended to Article 68 of the Law on Primary Education , Article 69 of the Law at the centres of expertise and Article 53b of the Secondary Education Act ;
3. a cooperative arrangement: the management of a grouping;
f. "apprentices" means pupils as intended in the Law on primary education , the Law at the centres of excellence and the Law on secondary education ;
g. "parents" shall mean the parents, guardians and carers of the pupils;
h. "School charge" means the Director, intended in the Law on primary education and the Law at the centres of excellence and the rector, director or members of the central management, referred to in the Law on secondary education , as well as the conrectors or the Deputy Directorates;
(i) personnel " means the personnel employed or for at least six months ' work, without appointment to the competent authority and who work at the school, at the central office, or of the grouping and personnel appointed or at least 6 months worked without appointment for more than one school;
j. "Education Act": the Law on primary education , the Law at the centres of excellence and the Law on secondary education ;
k. "articlething" means the individual groups of members, intended to be Article 3, third paragraph .
The rules laid down in or pursuant to this law, in so far as they concern schools and associations, are rules for the provision of public education and the conditions for the financing of special education.
1 In a school, a central service and a partnership, a participation council is connected.
2 The participation council of a school shall consist of at least 4 and of a central service and a grouping consisting of at least 2 members.
3 The participation council of a school shall consist of:
a. Members chosen from and to be chosen by the staff; and
b. Members who are chosen:
1 °. out of and through parents, as far as an elementary school or a special school for primary education;
2 ° from and by parents, or partly out of and through parents and partly out and through pupils who have reached the age of thirteen, as far as it is concerned a school for special education, a school for special and continued special (i) education, or an institution for special and secondary education;
3 °. partly from and by the parents and partly out of and by the pupils, as far as it concerns a school of secondary education, a school of secondary special education or a secondary education establishment designated by Our Minister.
4 The number of members referred to in paragraph 3 (a) and (b) shall be equal to one another. In so far as it concerns a school of secondary education, a secondary education school or a secondary education institution designated by our Minister, the numbers of members shall also be taken out by parents and by the parents and by the Students are equal. If the second sentence cannot be satisfied, because insufficient parents or pupils are willing to become members, the group cannot be assigned to the other group.
5 The co-control board of a central service and of a grouping shall consist of members chosen from and to be chosen by the staff.
6 If the competent authority has appointed or established personnel without appointment that activities are carried out for the benefit of more than one school, a participation council may be set up consisting of members who are members of that school and shall be appointed by that staff selected. The participation council shall consist of at least 2 members in such cases.
7 No member of the participation council may be the persons who form part of the competent authority.
8 A staff member who is instructed to act on behalf of the competent authority in discussions with the participation council may not also be a member of the participation council.
9 Candidates for the election of the part of the participation council elected by and by the staff may be appointed by staff members and by organisations of personnel. Candidates for the election of the part of the participation council elected by parents or pupils, and by parents or pupils, may be candidates for election.
10 The election of the members of the Council of Ministers shall be held by secret written ballot.
11 In the case of ministerial arrangements, detailed rules may be laid down for the period during which the election of the members of the participation council takes place.
12 The competent authority shall ensure that the members of the participation council are not disadvantaged by virtue of their membership of the Board in their position in relation to the school, the grouping and the central office. The first sentence shall apply by analogy with regard to candidate and former members.
13 The termination other than upon own request of the respect of a member of the staff shall not be related to the candidate for membership, membership or former membership of the person of the person concerned. Participation council. A termination of the relationship in violation of this paragraph shall be null and void.
1 Where the competent authority is more than one school as referred to in the Law on primary education , or as intended in the Law at the centres of excellence Or as intended in the Law on secondary education The competent authority shall establish a joint participation council for the schools as referred to in the Law on primary education , the Law at the centres of excellence Respectively Law on secondary education . The competent authority may, for the purposes of schools, as referred to in the Law on primary education and the Law at the centres of excellence a single joint participation council, where the agreement of two third parties of the members of the relevant participation councils has been obtained.
2 In a joint participation council, each participation council of the schools concerned is represented.
3 The members of the joint participation council are elected by members of the respective individual participation councils in such a way as to ensure that the number of members, chosen from among parents or pupils, each half of the members of the participation council the number of members of the joint participation council shall be equal to the number of members.
4 Article 3, second, third, fourth and seventh to thirteenth member , shall apply mutatis mutandis to the joint participation council.
1 The grouping shall, in addition to the participation council, set up in Article 3, fifth paragraph , a support board in.
2 The members of the support board are delegated by the members of the individual participation boards of the in Article 18a, 2nd paragraph of the Law on Primary Education Of the in Article 17a, second paragraph, of the Law on secondary education These schools are the number of members elected from parents or apprentices, each of which is half the number of members of the council.
3 Article 3, seventh, eighth, twelfth and thirteenth member , shall apply mutatis mutandis to the support board.
The participation council, the joint participation council and the support board shall elect a Chairperson from among their members and one or more deputy chairmen. The chairman, or at his party's inability to attend, shall represent the council in law.
1 The competent authority and the participation council shall meet if so requested by the participation council, an articletion or the competent authority, giving the reasons for such action.
2 The participation council and an articletion are competent to discuss all matters, the school concerned. The participation council and an articletion shall have the power to propose to the competent authority those matters and to make any views known. The competent authority shall, within three months, submit to the proposals referred to in the second sentence a written, reasoned reply to the Council of Ministers, on the basis of which the Council of Ministers shall, on the basis of the proposal, the Council of Ministers shall, on the Before reproducing the reaction referred to in the preceding sentence, the competent authority shall, at least once the co-determination council has the opportunity to consult with him on the proposals referred to in Article 2 (2), shall be responsible for the decision of the Council of Ministers. in the second sentence.
3 If two thirds of the members of the participation council and the majority of each jointed that wish, the discussions, referred to in the first and second members, shall be conducted with the participation council by means of consultation with each articleship. separately.
4 If, in a particular meeting or part of it, a personal interest of one of the members of the participation council is in dispute, the participation council may decide that the member concerned has to attend that meeting, or that part of which, not participating. The participation council shall also decide that the consideration of the matter in question takes place in a closed session.
5 The discussions in the participation council may be held on behalf of the competent authority. The competent authority may, or a staff member, carry out management duties in respect of more than one school with the discussions with the Board of Participation or certain discussions with the Council of Ministers. to him on his behalf. At the request of the member acting on behalf of the competent authority or at the request of the co-determination council, the competent authority may exempt that member from the task of conducting a discussion on behalf of the competent authority. At the request of the Board of Participation, the competent authority shall, in special cases, in addition to the cases provided for in Article 24, first paragraph, part e , yourself, the discussions with the participation council.
1 The participation council shall promote the ability to open up and consult in the school.
2 The Council also monitors discrimination on any basis in the school and promotes equal treatment in equal cases, and in particular the equal treatment of men and women as well as the integration of disabled persons and immigrant workers.
3 The participation council shall report to all the school concerned in writing of its activities and shall draw up the transfers and any council decision, as referred to in Article 3 (2). Article 20 , with the opportunity to consult with him on matters relating to the articleation or council in particular.
1 The Council of Ministers shall receive from the competent authority, whether requested or not, any information which it may reasonably require for the performance of its task.
2 The participation council shall, in any event, receive:
a. Annual budget and related policy plans in the financial, organisational and educational fields;
(b) annually before 1 May, information on the calculation underlying the funds accruing from the funds allocated to the competent authority;
c. annually for 1 July annual report as referred to in Article 171 of the Law on Primary Education , Article 157 of the Law at the centres of expertise or the data referred to in Article 106, first paragraph, of the Secondary Education Act ;
(d) the principles which have the power of authority in the exercise of its powers;
e. terstood information about any judgment of the Complaints Commission, meant in Article 14 of the Law on Primary Education , Article 23 of the Law at the centres of expertise and Article 24b of the Law on Secondary Education , where the Commission has held a complaint based on a complaint and on any action it will take in the light of that judgment, subject to the arrangements provided for in the Articles 12, first paragraph, part m , 13, first paragraph, part i , and 14, second paragraph, part f and third member, part d ;
(f) at least once a year, in writing, on the amount and content of the labour-Conditional arrangements and arrangements for each group of the persons working in the School and of the members of the competent authority;
g. at least once a year, in writing, information on the amount and content of the labour-Conditional arrangements and arrangements with the body of the legal person responsible for the supervision of the competent authority;
h. in writing, at the beginning of the school year, the information relating to the composition of the competent authority, the organisation within the school, the management status and main points of the policy already adopted;
year after the end of the school year, but no later than 1 October thereafter, on the number of hours actually provided for hours of a school education programme as referred to in the School; Article 6g, sixth paragraph, of the Law on secondary education and Article 25 of the Law at the centres of expertise .
The second subparagraph, subparagraph (f), shall apply only to competent authority bodies, where at least 100 persons are generally employed. For the purposes of applying the first sentence, the competent authority of a school shall be based on all the schools referred to in the Law on primary education , the Law at the centres of excellence Respectively Law on secondary education of that competent authority.
4 With respect to the second paragraph, parts f and g shall be made clear to the extent to which such conditional labour conditionality and arrangements shall relate to each other and to that of the previous year.
5 If a group of the persons working in the school as referred to in paragraph 2 (f) or the body of the legal person referred to in paragraph 2 (g) consists of less than five persons, the latter may, for the purposes of applying the said components two or more functions are joined together, so that a group of at least five persons is formed.
6 Where the competent authority submits a proposal for advice or assent to an articletion of the participation council, that proposal shall be presented simultaneously for the purpose of taking note of the other jointing or gelling. It shall also include an overview of the grounds for the proposal and of the consequences for staff, parents and pupils and of the consequences of the proposal which may be expected to be drawn up. measures.
The Articles 6 , 7 and 8 shall apply mutatis mutandis to the joint participation council, it being understood that the general course of affairs in all schools or the majority of schools is governed by the same education law, joint control board of a partnership, a central office and the co-determination council, intended in Article 3 (6) And on the support board.
The competent authority shall have the prior consent of the Board of Participation for any decision to be taken by the competent authority with regard to, in any event, the following matters:
a. change of educational objectives of the school;
b. Adoption or modification of the School Plan or the curriculum or the Education and Exchanges Scheme;
c. identification or modification of a possible school regulation;
d. to define or alter the policies relating to the provision of support activities by parents for the benefit of school and education;
e. establishment or modification of rules in the field of security, health and welfare policy, in so far as they are not part of the competence of the personnel management;
f. the acceptance of material contributions or financial contributions other than in Article 13, first paragraph, part c , and Article 14 (c), second paragraph , intended and not based on educational legislation where it has the power to assume obligations with which pupils within the school age or in education and in the activities organised under the school age are the responsibility of the competent authority, as well as during the period of stay, will be confronted;
g. the adoption or amendment of the School of Complaints applicable to the School;
h. transfer of the school or any part thereof, or merger of the school with another school, or the establishment or amendment of the relevant policies, including the merger impact assessment, as referred to in Article 4 (2). Article 64b of the Law on Primary Education , Article 66b of the Law at the centres of expertise and Article 53f of the Secondary Education Act ;
(i) the independence of a secondary establishment, or a part of the school or ancillary establishment situated in a location other than the place of establishment of that school or secondary establishment on the basis of Article 84a of the Law on Primary Education ;
j. determination or modification of the dates specified in Article 17 of the Inaugural Act of the WVO .
1 The participation council shall be given the opportunity to deliver its opinion in advance on any decision to be taken by the competent authority in relation to, in any event, the following matters:
a. establishment or modification of the curriculum in secondary education;
(b) fixing or altering the main lines of the multiannual financial policy for the school, including the intended use of the funds granted by the competent authority for the school from the public purse or from others have been received, with the exception of the funds provided for in Article 13, first paragraph, part c , and Article 14 (c), second paragraph ;
c. Termination, significant contraction, not being an independence as intended in Article 84a, first paragraph, of the Law on Primary Education , or extension of the work of the school or of an important part of it, or the adoption or amendment of the policy in this field;
(d) entering into, severing or making significant changes to a sustainable cooperation with another institution, or the adoption or amendment of the relevant policies;
e. participation or termination of participation in an educational project or experiment, or adoption or amendment of the relevant policies;
f. establishing or amending the policy with regard to the organisation of the school;
(g) establishment or modification of a system of recruitment or dismissal policy in so far as it relates or changes the basis of the School or its amendment;
h. appointment or dismissal of the school guidance;
adoption or modification of the actual division of tasks within the School Guidance and the adoption or amendment of the Management Staff Regulations;
(j) defining or amending the policy on admission and removal of apprentices;
k. establishing or amending the policy for the admission of students who are elsewhere in training for a function in education;
l. holiday arrangement;
m. the establishment of a central service;
n. new construction or major remodeling of the school;
o. establishing or amending the policy relating to the maintenance of the School;
(p) fixing or altering the way in which the device is intended to be used Article 45, second paragraph, of the Law on Primary Education , is organised;
q. determination of the competence profiles of supervisors and the supervisory organ; and
r. identification or modification of the school support profile specified in Article 1 of the Law on Primary Education , Article 1 of the Law at the centres of expertise and Article 1 of the Law on secondary education .
2 The first paragraph, part q, shall not apply to the co-determination council of the grouping.
The support board shall be given the opportunity to deliver its opinion in advance on any decision to be taken by the grouping with regard to, in any event, the determination of the competence profiles of supervisors and the the supervisory organ of the grouping.
1 The competent authority shall require the prior consent of the part of the participation council chosen and chosen by the staff for each decision by the competent authority in relation to the following matters:
a. settlement of the consequences for the staff of a decision relating to a matter referred to in the Article 10 (i) , or Article 11, first paragraph, point c, d, e and m ;
(b) establishment or modification of the formation of the formation;
(c) the adoption or amendment of rules relating to the periodic training of personnel;
(d) the adoption or modification of a possible rules of work for the staff and of the design and establishment of the work consultation, in so far as the decision of general regulation is for all or an entire category of staff;
e. identification or modification of the leave arrangements of the staff;
f. establishment or modification of a staff working and rest time scheme;
(g) the establishment or modification of policies relating to the allocation of salaries, allowances and bonuses to staff;
h. Determination or modification of the division of tasks, including the task load within the staff, do not include the school leadership;
i. establishing or amending the policy on personnel assessment, job reward and job differentiation;
(j) defining or amending the policy on the transfer of funding;
k. to adopt or amend a regulation in the field of working conditions, absenteeism or reintegration policies;
(l) the establishment or modification of a scheme in the field of corporate social work;
m. establishing or amending a scheme for the processing and protection of personal data of personnel;
(n) the establishment or amendment of a scheme of provisions which are aimed at, or suitable for, the observation or control of the presence, behaviour or performance of the personnel;
(a) the fixing or modification of a system of promotion policy or of the policy for recruitment and dismissal in so far as such adoption or modification is not linked to the school's basis or to the change of which;
(p) the adoption or amendment of rules on which the parties which have concluded a collective agreement have agreed to the rules or amendments thereto in the consultations between the competent authorities and the personnel part of the participation council is being established;
(q) establishment or amendment of the scheme referred to in Article 28 , in so far as it relates to personnel;
r. identification or modification of the manner in which the days referred to in paragraph 1 are to be taken Article 10, part j .
2 The competent authority of a special school for primary education which is also competent in one or more primary schools shall require the prior consent of the part of the participation council which is to be taken out and by the staff of the first school. chosen for each decision to be taken with regard to the use of the funding provided on the basis of Article 120, fourth paragraph, of the Law on Primary Education is awarded to the former.
1 The competent authority of a school as referred to in the Law on primary education and the Law at the centres of excellence , with the exception of secondary special education schools, the prior consent of the part of the participation council chosen by and from parents or pupils, shall be subject to the decision to be taken by the competent authority. concerning the following matters:
a. settlement of the consequences for parents or pupils of a decision in relation to a matter referred to in the Article 10 (i) , or Article 11, first paragraph, point c, d, e and m ;
b. change of the basis of school or conversion of the school or any part thereof, or the fixing or modification of the policy in this field;
(c) the fixing or modification of the amount and the determination or modification of the use of the funds requested from the parents or pupils without a legal obligation to do so received by the person concerned the basis of an agreement entered into by the parents;
d. policy to be adopted or amended in respect of provisions for the benefit of pupils;
e. identification or modification of a possible parent or apprenticeship statute;
f. the manner in which completion is given to intermediate reception facilities;
g. establishment of the school guide;
h. fixing the teaching time as far as the no further special education as intended in the Law at the centres of excellence
i. establishing or amending a rule on the processing and protection of personal data of parents and pupils;
(j) defining or amending the policy in respect of activities organised outside the educational period for the school under the responsibility of the competent authority;
k. to adopt or alter the policy regarding the exchange of information between competent authorities and parents;
(l) adoption or amendment of the scheme provided for in Article 28 In so far as it relates to parents and pupils.
2 The competent authority of a school as referred to in the Law at the centres of excellence , with the exception of schools of secondary special education, in respect of secondary special education as provided for in the Law on the centres of excellence, prior consent to the establishment of the entire school guide as referred to in paragraph 1, section g, separately agreed to the part of the participation council chosen from and by parents and pupils for the part included in that school guide regarding annual fixing. of the total number of hours and the type of activities referred to as teaching time Article 6g, first to fifth paragraphs, of the Secondary Education Act or Article 25, first paragraph, of the Law at the centres of expertise be programmed as well as for the part related to the policy on leoutfall as referred to in Article 22 (c) (2) of the Law on the centres of expertise .
1 The competent authority of a school as referred to in the Law on secondary education and of a secondary school of special education as intended for the purpose of Law at the centres of excellence For each decision to be taken by the competent authority, the prior consent of the part of the participation board chosen and chosen by the parents and students shall be subject to the following:
a. the establishment of the school guide;
(b) the definition or modification of the policy in respect of activities organised outside the educational period for the school under the responsibility of the competent authority.
2 The competent authority shall also require the prior consent of the part of the participation council chosen and chosen by the parents for each decision taken by the competent authority in relation to the following matters:
a. settlement of the consequences for the parents of a decision relating to a matter referred to in the Article 11, first paragraph, point c, d, e and m ;
b. change of the basis of school or conversion of the school or any part thereof, or the fixing or modification of the policy in this field;
(c) the fixing or modification of the amount and the determination or modification of the use of the funds requested from the parents or pupils without a legal obligation to do so received by the person concerned the basis of an agreement entered into by the parents;
d. the adoption or amendment of policies relating to the manageability of resources requested from parents or pupils for school fees, excluding teaching materials as intended for the purpose of education. Article 6th, 2nd paragraph, of the Secondary Education Act , which are found to be required by the competent authority;
e. Adoption or modification of a possible parent status;
f. establishment or amendment of a regulation on the processing and protection of personal data of parents;
(g) adopting or amending the policy on the exchange of information between competent authorities and parents;
h. establishment or amendment of the scheme specified in Article 28 , as far as parents are concerned.
3 The competent authority shall also require the prior consent of the part of the participation council chosen and chosen by the pupils for each decision by the competent authority in relation to the following matters:
a. settlement of the consequences for the pupils of a decision relating to a matter referred to in the Article 11, first paragraph, point c, d, e and m ;
(b) establishing or amending the Staff Regulations, intended to Article 24g of the Law on Secondary Education -or a possible apprenticeship statute other than that of the Article 24g of the Law on Secondary Education ;
(c) the definition or modification of policies relating to provisions for the benefit of pupils;
(d) the adoption or amendment of a system of processing and protection of personal data of apprentices;
e. establishment or amendment of the scheme specified in Article 28 In so far as it relates to pupils.
4 The competent authority of a school as referred to in the Law on secondary education and of a secondary school of special education as intended for the purpose of Law at the centres of excellence Prior to consent for the determination of the entire school guide referred to in paragraph 1 (a), separate consent from the part of the participation council to be taken out and by the parents and the pupils chosen for the part set out in that school guide for the annual fixing of the total number of hours and the type of activities referred to as teaching time, as intended Article 6g, first to fifth paragraphs, of the Secondary Education Act or Article 25, first paragraph, of the Law at the centres of expertise be programmed as well as for the part related to the policy on leoutfall as referred to in Article 24a, first paragraph, part c, below 1 °, of the Secondary Education Act Other Article 22 (c) (2) of the Law on the centres of expertise .
1 The grouping shall require the prior agreement of the supporting board for each decision to be taken by the grouping as regards the adoption or amendment of the support plan, as referred to in Article 4 (2) of the Article 18a of the Law on Primary Education , respectively Article 17a of the Law on secondary education .
2 The grouping shall require the prior consent of the part of the support board chosen from and by staff to establish or amend the scheme, intended to Article 28 , in so far as it relates to staff.
3 The grouping shall require the prior consent of the part of the support board chosen from and by the parents or pupils to establish or amend the scheme, intended to Article 28 In so far as it relates to parents and pupils.
1 A decision relating to a matter referred to in Article 11, first paragraph, point c, d, e and m , is not implemented before a final decision on the settlement of the effects of that decision on staff, or for parents or pupils, unless urgent reasons in the best of the school ' s interest have been making implementation necessary.
2 A decision relating to a matter referred to in Article 11, first paragraph, part b It shall not be taken after weighing up the educational, personal and material interests of the School in any case, which shall be expressed in writing in the statement of reasons for the decision.
3 A decision relating to a matter referred to in the Articles 11, first paragraph, part p , and 13, part h , shall not be taken than after consultation with parents.
1 The joint participation council shall, if it is a matter of common interest to all schools or the majority of schools, replace the participation council of those schools. The first sentence shall apply mutatis mutandis to the various sections of the joint participation council where the powers of an articletion of the participation council are concerned.
2 The joint participation council shall also be given the opportunity to deliver its opinion in advance on any decision to be taken by the competent authority in respect of:
(a) fixing or altering the broad lines of the multiannual financial policy for the schools in question, including the intended use of the resources of the competent authority for each of the schools in the public purse have been allocated or received from others;
b. the criteria used in the distribution of these funds to upper-school and school-level facilities;
c. The appointment or dismissal of staff in charge of management tasks for the benefit of more than one school.
3 The competent authority shall require the prior consent of the part of the Joint Participation Council to be decided upon and by the personnel for each decision to be taken by the competent authority with regard to the establishment or amendment of the composition of the formation of personnel appointed or to be employed without appointment to more than one school.
If a decision to be taken pursuant to Article 11 , or pursuant to the rules of participation adopted pursuant to Article 24, second and third paragraphs , prior to the opinion of the Board of Participation, it shall be responsible for the following:
a. advice shall be requested at such a time that the opinion may have a significant impact on decision-making;
(b) the participation council shall have the opportunity to consult with him before the opinion of the said decision is taken;
(c) the participation of the participation council shall be informed in writing as soon as possible of the manner in which the opinion delivered is a result; and
(d) the participation council, if the competent authority does not wish to follow the opinion or not, is given the opportunity to consult with him in greater detail before the decision is finally taken.
1 The powers on the basis of the Articles 10 to 14 , or on the basis of the provisions of the Rules of Procedure, pursuant to Article 24, second and third paragraphs , do not apply to the extent that:
(a) the relevant matter for the School has already been dealt with in substance by a prescription provided for or under the law;
b. It is a matter referred to in Article 38 of the Law on Primary Education , Article 38 of the Law at the centres of expertise and Article 40a of the Law on secondary education , in so far as the consultations provided for in these Articles do not decide to leave the matter for consideration to the staff part of the Board of Participation.
2 The powers of the part of the Board of Participation chosen and chosen by the staff shall not apply in so far as the relevant matter for the School is already governed by substance in a collective agreement.
The Articles 15 , 17 and 18 shall apply mutatis mutandis to the joint participation council.
1 At the request of the Board of Participation, and with the agreement of the competent authority, with the agreement of two third parties of the members of the participation council, a part of a school may be attached to a subboard. In such a case, the subcouncil shall act in the powers of the Board of Participation in so far as it does not cover any other part of the School.
2 At the request of the joint participation council and with the agreement of the competent authority, a group participation council may, with the agreement of two third parties of the members of the joint participation council, be attached to a group of schools as referred to in the Law on primary education , the Law at the centres of excellence and the Law on secondary education separately. The group participation council shall, in that case, act within the powers of the joint participation council, subject to the powers conferred on it by Article 16, second and third paragraphs .
3 The Articles 3 , 23 and 24 shall apply mutatis mutandis to the subcouncil referred to in paragraph 1 and the group participation council referred to in the second paragraph.
4 The participation council and the joint participation council may, with the agreement of the competent authority and with the agreement of two third parties of the members of the co-determination council or the joint participation council, have for one or more of the following: of the matters referred to in Article 10 and Article 11 or Article 16 , set up a theme board.
5 If of any competent authority of schools as defined in the Law on primary education , or the Law at the centres of excellence or the Law on secondary education the joint participation councils or, in the absence of a joint participation council, all co-determination councils, may agree to set up an upper administrative council.
1 The competent authority shall, subject to or pursuant to this law, establish a statute of participation at least once every two years.
2 The powers of participation shall include the status of participation, including any amendment thereto, as a proposal to the Joint Participation Council or the lack of it to the Board of Participation, and shall issue it only if: the proposal has acquired the agreement of two third parties from the number of members of the joint participation council or in the absence of a joint participation council of the participation council.
In any case, the statute of participation shall be governed by the following provisions:
a. the manner in which use is made of Article 20 as well as the powers of the thematic councils;
b. the composition of the participation council, the joint participation council and the councils, meant in Article 20 ;
c. the manner in which, and the time limits within which, the participation council, the joint participation council, the gelling or the councils, as referred to in Article 1 (1), Article 20 , information is made available, which is necessary for the exercise of co-determination;
d. the manner in which the participation council, the joint participation council, the gelling or the councils, is intended to be Article 20 , each other and the sections of which they are selected to provide information on their activities;
e. the manner in which compliance with Article 28 the provision of facilities to parents, pupils and staff, who participate in the participation council, the joint participation council, the members of the council, or the councils, as referred to in Article 2 (2). Article 20 ;
f. if discussions are as referred to in Article 6, first paragraph , on behalf of the competent authority, in what cases and by whom and in which cases the person shall be removed from that task at his request.
1 The competent authority shall adopt, subject to or pursuant to the provisions of this law, a participation regulation of the Council of Ministers and the Joint Participation Council.
2 In so far as the proposal provides for the assent of two third parties of the number of members of the participation council of the common market, the latter shall adopt the rules, including any amendment thereto, only in so far as they are Participation council has acquired. If it is a conversion or a transfer, Article 24, second paragraph In respect of that part of the Regulation, it is also necessary to obtain the agreement of the articletion which the powers of turnover are or are transferred to.
1 In each case, the Regulation shall:
a. the number of members of the participation council;
b. the manner in which the relevant schools are applied to Article 3 (2) (2) (b) ;
c. the manner and organisation of the elections of the members of the participation council;
d. the term of office of the members of the participation council;
If a member of the school board or a member of staff appointed or employed has been entrusted with management duties for more than one school, he is instructed to act on behalf of the competent authority in discussions with the staff member. participation council, in which cases, at the request of the co-decision council, the competent authority itself carries out such discussions with the council;
f. the manner in which the competent authority provides information to the participation council;
g. the time limits within which the agreement or abstention is to be decided and the time limits within which the opinion is to be given;
(h) the powers of the Board of Participation which are transferred to the Thematic Council or the powers of the Board of Participation in which the Subcouncil is to take effect;
(i) in which cases and in what manner the participation council is involved in all the school concerned in the work of the participation council;
(j) in which cases secrecy shall be exercised;
k. the procedure for the settlement of those disputes between the competent authority and the Board of Participation for which this Act does not provide for a dispute settlement.
2 If the participation council wishes to convert an advisory power to the board in an institution 's power of assent, or an institution' s power in an advisory power, or a leased one to that articulate. (i) the transfer of power to an advisory power or an authorisation to transfer the power conferred by that agreement to the participation council is to be converted into the same capacity as the transfer of the power. regulation regularly. Conversion and transfer referred to in the first sentence shall be subject to the agreement of the competent authority.
3 It may also be governed by the Rules of Procedure that decisions to be taken by the competent authority on matters to be defined in the Rules of Procedure which are not already referred to in the Law may require the adoption of an opinion or an opinion as referred to in the Rules of Procedure. The Articles 10 , 11 , 12 , 13 or 14 .
4 In addition, the rules of procedure may also be regulated:
a. the condition that pupils, who have been admitted to the school with application of Article 58, first paragraph, of the Law on Primary Education , Article 60, first paragraph, of the Law at the centres of expertise or Article 48, first paragraph, of the Law on Secondary Education As well as their parents, only candidates may be candidates for election as members of the Board of Participation if they have declared that they respect the school's foundation and objectives;
b. on which matters under the terms of Article 6, third paragraph , consultations shall be held with each of the sections separately.
5 The condition referred to in paragraph 4 (a) (a) may be applied only if it is made known by or on behalf of the competent authority prior to the admission to the persons concerned.
1 The duration of the period of validity of the establishment of an upper administrative joint control council, Article 20, fifth paragraph , shall not exceed two years. The period referred to in the first sentence may be extended for no more than two years if all the joint participation councils agree to that effect or, in the absence of a joint participation council, all the co-controlling councils.
2 The period of validity of the powers of assent and powers conferred upon it by the application of Article 24, second and third paragraphs , included in the Rules of Participation shall be no more than two years. The period referred to in the first sentence may be extended by no more than two years if at least two thirds of the members of the Council of Ministers so decides to do so in respect of all or some of the members in the first sentence. powers.
The Article 23 and 24 shall apply mutatis mutandis to the rules of procedure of the joint participation council.
In the case of a general measure of management, rules may be laid down for specific situations in a category of schools. The nomination for a general measure of directors to be adopted pursuant to the first sentence shall not be made earlier than four weeks after the draft has been submitted to the Second Chamber of the States-General.
1 The competent authority shall allow the participation council to use the facilities available to it and which may reasonably require the Board of participation in the performance of its task.
2 The competent authority shall establish arrangements for the reasonably necessary costs of participation activities undertaken by parents, apprentices and staff in the participation council and joint participation council; including training expenses, fees for hiring experts and costs of conducting legal proceedings.
3 The competent authority shall apply to the members of the Board of Participation of the staff for facilities in time for consultation, training and other participation activities. The facilities referred to in the first sentence shall be set at such a scale as is reasonably necessary for the performance of the task by the members of the Board of participation.
4 The competent authority may award a vacancy fee to parents and pupils who are members of the co-determination council.
5 The competent authority may also contribute to the administrative support costs of the participation council.
6 The first, second, third, fourth and fifth members shall apply mutatis mutandis to the members of the joint participation council and of a council as referred to in Article 4 (2) of the EEC Treaty. Article 20 .
1 On grounds relating to religious or philosophical beliefs which underlie the school, the power of participation in the rules of participation may, by way of derogation from the Article 24, second paragraph , to convert the right of assent to the participation council or to a power of agreement into a right of advice or to transfer the right of assent to the board of participation to the Board of Participation or to a future apprenticeship transfer the right of consent to the parent articulation or to the right of assent to the joint ageing and apprenticeship system, to a right of assent for parental leave and an advisory right to the apprenticeship system. By way of derogation from the Articles 21 and 23 in that case, the competent authority shall adopt, in this case, the statute of participation or the rules of participation, including any amendment thereto, only after receiving the opinion of the Board of Ministers on this matter. (b) The joint participation council is the same as the one on the other. The competent authority may apply only the first sentence if a majority of two thirds of the staff of the school and of the parents and pupils of the school supports it.
2 The possibility of derogation provided for in paragraph 1 shall be allowed to lapse if the grounds on which it is based are no longer present or if they are no longer supported by a two-thirds majority of each of the persons in the Member State concerned. first paragraph categories.
3 The competent authority shall review the state of the grounds of the derogation and its support for each five-year period.
The Articles 21 , 22 , 23 , 24, 1st Member , 28 and 29 shall apply mutatis mutandis to the support board, subject to the condition that Article 29 applies if at least two thirds of the number of schools in the grouping uses the option provided for in that article.
1 There is a nationwide commission for disputes involving each school, partnership and central service.
2 The committee consists of 3 members and at least 3 alternate members, one of whom shall be appointed and his alternates appointed by a binding nomination of the national security organisations and a member and his alternates on a binding nomination. of national staff or teachers ' associations. Members shall make a binding nomination for the appointment of the third member, also chairman and his alternates. The number of alternate members of each Member and of the President shall be equal to each other. The appointment shall be made by Our Minister.
3 The members and alternates shall not be members of the competent authority or of the participation of a school, association and central office.
The Committee on Disputes Shall take note of the following disputes:
(a) at the request of the competent authority, where it has jurisdiction in respect of an action, after consultation or not, that decision taken by the competent authority Articles 10 , 12 , 13 and 14 or, as a result of the application of Article 24, second and third paragraphs , consent has not been obtained, the required consent has not been obtained and the competent authority wishes to maintain its proposal;
(b) at the request of the competent authority or of the Council of Ministers, if it has jurisdiction in respect of the contents of the statutes and the rules of participation, as indicated in the Article 22 or Article 24, first, third and fourth paragraphs , has not acquired, in whole or in part, the necessary consent;
(c) at the request of the Council of Ministers, if the competent authority has taken a decision on the matter Article 11 or, as a result of the application of Article 24, second and third paragraphs If the opinion is delivered by the Council, the competent authority does not, or does not, fully follow the opinion and the co-determination council or the joint participation council, which considers that the interests of the school or the school or the interests of the participation council are seriously damaged; and
d. at the request of the competent authority or of the Board of Participation, or the joint decision on participation, or an articletion as referred to in Article 3 (1), Article 3 where the competent authority and the participation board differ as to the interpretation of the provisions of, or under this law, the provisions of the rules of participation or the status of participation.
(1) Where the decision of the competent authority is to be taken, the assent required by the decision Articles 10 , 12 , 13 and 14 or, as a result of the application of Article 24, second and third paragraphs , is withheld, shall communicate to the Council of Ministers within three months the competent authority, whether the proposal is to be withdrawn or to be referred to the Committee for Disputes. If this communication is not submitted within three months, or is not submitted to the committee within six weeks of notification, the proposal shall be deleted.
2 The competent authority shall make a request to the Article 31 (a) The Court of Ministers shall, on production of the balance between the interests of the competent authority and of the participation of the participation council, make the balance of the interests which the competent authority makes. The Commission shall give the participation council the opportunity to put forward its arguments for the abstenation of its agreement to the Commission.
3 The committee shall be empowered to propose a conciliation proposal to the competent authority and to the participation council, unless the competent authority or the participation council are not to award a prize. If the Commission does not make use of this power or if its proposal does not obtain the assent of the competent authority and the assent of the co-determination council, the committee shall assess whether the participation of the participation council is in reasonable order has been able to agree to the abstenation of any significant circumstances justifying the proposal of the competent authority. The decision of the committee shall be binding on the competent authority and on the participation of the participation council.
1 To the extent to which a proposal of the competent authority to adopt or alter the statutes of participation, the rules of participation, as regards matters referred to in the Rules of Procedure, Article 24, first, third and fourth paragraphs The assent shall be withheld, notified to the Board of Participation within three months, or the proposal shall be submitted to the Committee on Disputes. If no such communication is made within three months or is not submitted to the committee within six weeks of notification, the proposal shall be deleted.
2 Where the competent authority makes a request as referred to in Article 31 (b) , is Article 32, second paragraph , mutatis mutandis. If the participation board makes a request as referred to in Article 31 (b) The request shall state the reasons on which it is based and shall give the competent authority the opportunity to present its arguments for the continuation of the proposal to the Commission.
The Commission is empowered to present a conciliation proposal to the competent authority and to the Council of Ministers, unless it has the power to give a price to the Board of Ministers or to the Council of Ministers. If the Commission does not make use of this power, or if its proposal does not approve of the powers of the competent authority and the agreement of the Council of Ministers, the committee or the competent authority shall appraise the powers of that authority to determine whether or not the power of such authority is to be taken. has been able to come to its proposal in reasonable terms. The committee shall, in so far as it considers that the competent authority has not been able to reach its proposal in the light of the interests concerned, in its decision on how the proposal should be amended. Following the decision of the committee, the authority shall adopt the rules of participation or the statute of participation, in accordance with the opinion of the committee.
1 Where the competent authority adopts a decision requiring the opinion of the participation council, as a result of the decision taken by the Articles 11 and 11a , or as a result of the application of Article 24, second and third paragraphs , not or not entirely, the implementation of the decision shall be suspended by six weeks, unless the participation council has no reservations as to the immediate implementation of the decision.
2 The participation council shall make a request as referred to in Article 31 (c) , within six weeks of the decision to be taken by the competent authority, on presentation of the arguments for its opinion and the arguments for its opinion that the interests of the school or school were not taken into account by the failure or not of the opinion. of the participation council to be seriously damaged. The Commission shall give the competent authority the opportunity to present its arguments for the non-compliance or non-compliance of the opinion to the committee. The examination of the application shall not extend the suspension referred to in the first paragraph.
The Commission is empowered to present a conciliation proposal to the competent authority and to the Council of Ministers, unless it has the power to give a price to the Board of Ministers or to the Board of Participation. If the Commission does not make use of this power, or if its proposal does not obtain the assent of the competent authority and the assent of the Council of Ministers, the committee or the competent authority shall assess whether it is not or not follow from the advice of the Council of Ministers, in the interests of balancing the interests concerned, that he has not been able to come to its proposal in reasonable terms. The Commission then makes the binding decision whether the decision in question can be maintained or not.
On a request as referred to in Article 31, part d , the Commission shall decide which interpretation to be given to the provisions of this law or to the rules of participation and the statutes of co-determination.
1 The Council of Ministers and the Joint Participation Council may act in legal proceedings where the action seeks to ensure compliance by the competent authority of the obligations relating to the co-determination council and the common rules of participation. Participation council, arising from this law. The first sentence shall apply mutatis mutandis to the funds in so far as matters of the assent or advisory powers of that articulate are concerned and on the boards of the consenting authority. Article 20 In so far as the participation council or the joint participation council has transferred the power referred to in the first sentence to that articletion or council.
2 A claim as referred to in paragraph 1 shall be lodged with the Works Chamber of the Court of Justice of Amsterdam.
3 Of a judgment of the Commission on the basis of the Articles 32 , 33 , 34 and 35 It is open to the Works Chamber of the Amsterdam Court of Justice. The appeal shall be filed with a notice of appeal within one month of being informed of the judgment referred to in the first paragraph by the Board of Participation or the competent authority. The other party shall be informed of the appeal.
4 The appeal may be filed only in respect of the fact that the commission has given an incorrect application to the provisions of the law.
5 An appeal cannot be lodged in cassation against a judgment of the company's office.
6 By way of derogation from Article 237 of the Code of Civil Procedure and Article 8:75 of the General Administrative Law may the participation council, the joint participation council, an articulating one of the council, as referred to in Article 20 they shall not be ordered to bear the costs of proceedings.
The Articles 31 , 32 , 33 , 34 , 35 and 36 shall apply mutatis mutandis to the joint participation council, the sections, the councils, referred to in Article 20, first and second paragraphs -the Council referred to in Article 20 (4), in so far as it concerns a matter for which the Council is set up and the support board.
1 If the competent authority of a school or association fails to comply with the rules laid down in or pursuant to this Law, our Minister may decide that any payment from the public purse shall be withheld or suspended in whole or in part.
2 The funding will be granted once again if our Minister proves that the reason for the application of the first paragraph has expired.
The Law on Works Councils shall not apply to schools, associations and central services within the meaning of this Act.
1 The Participation in education law 1992 does not apply to schools as intended in the Law on primary education , the Law at the centres of excellence , the Law on secondary education and the Teaching law education .
2 The Decision on participation in education shall remain in force until the general measure of management on the basis of Article 27 It has been established. It shall be considered to be the date of decision, based on Article 27 of this law.
1 Within 4 months of the date of entry into force of this Law, the competent authority shall submit a proposal to the Rules of Procedure, which shall be Article 23 and 26 , and the status of participation, as referred to in Article 21 , before the participation council, the joint participation council, respectively. The co-determination council, the joint participation council, shall, within a period of four months, decide on the proposals.
2 The co-determination procedure, intended in the Participation in education law 1992 , with effect from 1 August of the second year following the date of entry into force of this Law, if the competent authority does not, with the agreement of the co-determination council or the joint participation council, determine that it expires in whole or in part at an earlier date.
Until 1 August 2009 or as much earlier as the communication referred to in Article 31, third paragraph, of the Law Participation in Education 1992 as per the date before the entry into force of this Act, a waiver and a consent issued under the law of the Article 31 of the Law Participation in Education 1992 as a waiver of the rules of this Act, respectively, a consent for choosing the members, intended Article 3, third paragraph, part b, below 2 ° and 3 ° From the parents. Article 31, second paragraph, of the Law Participation Education 1992 As stated on the date of entry into force of this Act, application of the exemption is subject to authorisation.
1 To a year after the entry into force of this Act, disputes under this Act shall be derogated from Article 30 , decided by the disputes committees, meant in the Participation in education law 1992 .
2 Disputes not yet decided on the day before the date of entry into force of this Act, by the competent authority of a school, submitted to a committee for disputes as referred to in the Participation in education law 1992 , shall apply as from the date of entry into force of this Act as disputes pending pursuant to this Act.
3 A year after the entry into force of this Law, the committees referred to in paragraph 1 shall forthwith forward the files held by them to the national disputes committee referred to in paragraph 1. Article 30 .
1 If a school does not yet have a participation in a school, a provisional participation council shall be elected to the school within half a year.
2 Article 3, third to ninth members , mutatis mutandis, shall apply to the provisional Council.
3 The competent authority shall, within three months of the date of the election of the provisional Council, propose to this Council a participation in the rules of participation. Thereafter, the provisional Council shall, after consultation of the competent authority, decide within three months of the proposal. The Article 23, second paragraph , 31, introductory wording and part b , and 33 , shall apply mutatis mutandis.
4 The first, second and third paragraphs shall apply mutatis mutandis if schools do not yet have joint participation in schools.
Our Minister of Education, Culture and Science, in agreement with our Minister of Economic Affairs five years after the entry into force of this Law to the States General, shall send a report on the effectiveness and effects of this law in the the practice.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as 'Co-control of schools'.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 30 November 2006
Beatrix
The Minister for Education, Culture and Science
,M. J. A. van der Hoeven
The Minister of Agriculture. Nature and Food Quality
,C. P. Veerman
Published the 19th December 2006The Minister of Justice
E. M. H. Hirsch Ballin
