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Law on primary education

Original Language Title: Wet op het primair onderwijs

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Law of 2 July 1981, Law on primary education

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 the fact that it is the promotion of

an uninterrupted development of pupils, the individual forms of nursery education and simply primary education should be combined into a form of education aimed at an ongoing process of development of the pupils;

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:

Chapter I. Basic education

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Title I. General provisions

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Article 1. Conceptual provisions

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For the purpose of this Act:

Our Minister:

Our Minister of Education, Culture and Science;

inspection or inspector:

the inspection referred to in the Educational supervision law , to the extent entrusted with tasks in the field of primary education;

school:

an elementary school or a special school for primary education, unless the contrary proves to the contrary;

primary school:

a school of primary education, other than a special school for primary education;

Special school for primary education:

a school where primary education is given to children for whom it is established that such an orthopaedic and orthodidactical approach predominate, at least for a period of time at a special school for primary education; shall be collected;

Special education school:

a School of Special Education, as referred to in Article 1 of the Law at the centres of expertise ;

Special and secondary school education:

a school of special and secondary special education as intended Article 1 of the Law at the centres of expertise ;

school for secondary special education:

a school of secondary special education as defined by Article 1 of the Law at the centres of expertise ;

Special and secondary special education institution:

an institution for special and secondary special education as referred to in Article 8, first paragraph, second sentence of the Law on the centres of expertise ;

School of secondary education:

a school of secondary education as defined in the Law on secondary education ;

public school:
  • (a) a school by one or more municipalities, whether or not accompanied by one or more legal persons governed by private law, having full jurisdiction;

  • b. a public legal person referred to in Article 47 Maintained school; or

  • c. a foundation intended to be used by a foundation Article 17 or Article 48 'maintained school';

Special school:

by a natural person or a private legal person, other than a foundation as referred to in Article 48 , maintained school;

public legal person:

a legal person established under public law as referred to in Article 47 ;

secondary site:

part of a school, that at the place where education is given before it was a part of the school was functioned as a self-employed school;

the competent authority of schools financed under this Act: as regards:

  • a. A public school:

    • 1. Mayor and aldermen, to the extent that the Council decides otherwise and, if the Council so decides, taking into account the rules to which it is to be made;

    • 2 °, the competent institution under the relevant common rules;

    • 3 °. the public legal person referred to in Article 47 ; or

    • 4 °. the foundation, referred to in Article 17 or Article 48 ;

  • b. a special school: the legal person referred to in Article 55 ;

  • c. a cooperation school: the foundation, intended in Article 17d ;

Personal number:

the civil service number specified in: Article 1 (b) of the general provisions Act civil service number , or the teaching number issued by Our Minister, intended to Article 40b, fourth paragraph ;

Parents :

parents, guardians or caregivers;

School year :

the period from 1 August to 31 July of this Regulation;

partnership:

a partnership as referred to in Article 18a, second paragraph whether a national grouping as referred to in Article 18a, fifteenth paragraph, unless the contrary proves to the contrary;

Staff :

  • a. the appointed director, the staff appointed in a job of giving education, appointed the staff in a function other than teaching, the staff appointed for the provision of work for the benefit of more than a school or more than a school as intended in the Law at the centres of excellence , including the members of the board of those schools appointed by a supervisory board as intended by the Article 17c, third paragraph , in so far as those members have been appointed on the basis of a contract of employment or an instrument of appointment;

  • (b) the staff referred to in point (a) referred to in (a) without appointment, unless they are subject to the application of the Articles 33 , 33a , 34 , 38 , 52 , 53, first and second members , 59, first to fourth paragraphs , 60 to 62 , 68 , 138 and 139 , if not otherwise determined, and the application of any relevant legal provisions;

School counselling:

activities for school organization or school education to provide guidance, development, advice, information and evaluation, as well as activities to promote an optimal school career of apprentices;

Early school education:

implementation of a programme aimed at improving the conditions for success in primary education, which is provided in Group 1 and 2 of an elementary school as a follow-up to pre-school education, intended for the purpose of the programme. Articles 1.1 and 2.1 of the Law daycare and quality standards in kindergnae playrooms ;

basic register education:

basic register education as intended Article 24b of the Law on Education Supervision ;

school support profile:

a description of the facilities that have been taken for apprentices needing additional support;

Section:

a section as referred to in Article 85a .


Article 1a. Income concept

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For the purposes of this Act, income shall mean the income given in respect of Article 21, part (e) of the General Law on State Taxation .


Article 2. Target Group

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Primary education is the education of children from the age of about four years. It also provides the basis for following further secondary education.


Article 3. Competence in school education

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  • 2 Education in the teaching activity sensory and physical exercise in the third to eighth school year may, by way of derogation from the first paragraph, be part b. 1 °, except by the person who has one in that part b. 1 ° certificate provided that the competence requirements for the provision of physical education in secondary education are provided only by the person who:

    • a. dispots of one in that part b. 1 ° certificate provided for demonstrating compliance with the standard of competence established under Article 32a, first paragraph , and

    • (b) holds a certificate designated by ministerial arrangement specifically aimed at the ability of teaching, or education, to obtain such a certificate, in which case the person concerned shall be subject to a certificate of such a kind. the teaching of this teaching activity may be carried out for a maximum period of two consecutive years from the date on which the person concerned has received education for the first time in order to obtain this certificate.

  • 3 Our Minister may grant to persons in possession of an evidence of competence obtained outside the Netherlands the competence to give school education. He may impose conditions and restrictions on it.

  • 4 Regarding students who follow dual training as intended in: Article 7.7 of the Law on Higher Education and Scientific Research (ii) leading to a certificate as referred to in paragraph 1 (1), and which have obtained at least 180 credits to that training, may be waived by the requirements set out in paragraph 1 (b), except that the temporary employment of the student has a period of time corresponding to a full five-month period. The previous sentence shall apply mutatis mutandis to students who have achieved at least 166 but not yet 180 credits, if the relevant college declares that the student has 180 credits. similar knowledge, knowledge and skills relevant to the service. The application of the preceding sentence shall cease to apply in respect of that student who does not have 180 credits within four weeks of the commencement of service. The Article 7.7, Fifth paragraph, of the Law on Higher Education and Scientific Research The said agreement shall also include the teacher under whose responsibility the student concerned carries out educational activities.


Article 3a. Power of education support activities

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  • 2 The education support officer who does not meet the requirements of subparagraph (b), (c), or (d) may, as far as the work is concerned, for which Article 32a, third paragraph However, competence requirements have been established, which are nevertheless responsible for such work, for a period not exceeding two years. The first sentence shall be applied only where the competent authority and data subject have in any case written to the effect that the person concerned is obliged to endeavour, within two years, to comply with the standard of competence. For that work. The competent authority shall have ordered records relating to the application of the first sentence.


Article 4. Costs of school transport

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  • 1 For the purpose of the school visit, the mayor and aldermen provide parents with pupils who are staying in the commune on request from the transport costs to be considered necessary by the mayor and aldermen. To this end, the City Council shall adopt a detailed arrangement, taking into account the provisions of the following paragraphs.

  • 2 The scheme does not discriminate between public and special education.

  • 3 The scheme shall respect the choice of school based on religion or life-taking account of parents.

  • 4 The scheme takes account of the commitment of parents reasonably to be required and provides that transport may take place in a manner which is appropriate to the pupil. The rules will determine the way in which the mayor and aldermen seek advice from experts.

  • 5 The scheme stipulates that the costs of transport are reimbursed between the distance between the student's residence and

    • a. the nearest primary school to the pupil or, if a pupil is appointed to the teaching of a special school for primary education, the nearest special school for primary education,

    • b. another primary school or special school for primary education, if the transport to that school would cost the municipality less than the cost of transport to the primary school of primary school for primary education, under (a), and parents agree to the carriage of goods to that other school,

    • (c) the nearest special school for primary school of primary school in the main school of which the pupil comes, if the parents with the transport to that special school of basic education agree to, or

    • d. any other special school for primary education in the grouping referred to in (c), if the transport to that school would cost the municipality less than the transport to the special school for primary education, under c, and the parents agree to the transport to that other school.

  • 6 When applying the fifth paragraph, distances shall be measured along the shortest and safe path for the pupil and the choice of parents referred to in paragraph 3 shall be respected.

  • 7 The scheme may provide, with regard to parents whose income is more than € 17 700, that only funding is provided to the extent that the cost of transport is the cost of public transport of the costs incurred by the Council on the basis of the The distance from the eighth member shall be exceeded, which shall not exceed 6 kilometres. The income calculation shall be calculated on the basis of the income in the second calendar year preceding the calendar year in which the school year for which the aid is claimed begins. The cost of public transport, referred to in the first sentence, relates to the cost of public transport operating under the zone classification of the scheme based on Article 27 (1) of the Passenger Transport Act, for the distance they would be reasonably incurred, irrespective of the presence of public transport or their actual use. Where application is made to the 10th paragraph, the scheme provides for a financial contribution from parents calculated in accordance with the third sentence. The amount, referred to in the first sentence, shall be adjusted annually from 1 January 1999 to the change which the index of the wages of adult workers has undergone compared with the preceding year, and rounded up to the end of the year. a multiples of € 450. The adjusted amount shall take the place of the amount referred to in the first sentence.

  • 8 The scheme may provide that no entitlement to pay is made on the basis of the distance between the school and the student's residence, measured by the shortest, sufficiently passable and safe for the pupil.

  • 9 The scheme may provide that a pupil who is older than a certain age shall be limited to the cost of public transport, or, if it may be reasonably required, a cheaper method of transport. In that case, the scheme must provide for implementation of the provisions of the fourth paragraph for those pupils for whom public transport is missing and the cheaper mode of transport referred to in the preceding sentence is not reasonably reasonable. May be required.

  • 10 The scheme may provide that the municipality, instead of giving money in the form of money, takes care of the transport or is taking care of it.

  • 11 The scheme may provide for pupils for whom the distance referred to in the fifth paragraph is greater than 20 kilometres, that the level of funding depends on the financial strength of the parents, or that the transport which the municipality is carrying out is It takes care of or takes care of one of the financial standing of the parents, up to the amount of the cost of the transport of the student concerned. In that case, the scheme shall also lay down rules on determining the financial capacity of the parents. The first sentence shall not apply to a pupil of a special school of primary education for whom the distance to the nearest public or special special school for primary education exceeds 20 kilometres.

  • 12 The scheme may provide that, in special cases, the mayor and aldermen have the power to derogate from the parents of the substance of the scheme.

  • 13 The seventh and ninth paragraphs and the 11th paragraph shall not apply to pupils who, by reason of their physical, learning, sensory or psychological disability, are designated for transport other than public transport, or because of a where the handicap cannot be used independently of public transport.


Article 4a. Obligation to consult and report on the sex crimes

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  • 1 Where the competent authority has become known in any way that a person entrusted with the duties of his or her school may be guilty of or has committed a crime against the morals referred to in Article 1 (2) of the Title XIV of the Code of Criminal Law in respect of a pupil of the school, the competent authority shall enter into consultation without delay with the trust inspector provided for in Article 6 of the Law on Education Supervision .

  • 2 If the consultation referred to in paragraph 1, it must be concluded that there is a reasonable suspicion that the person concerned has been guilty of a crime as referred to in the first paragraph to a student of the school, the competent authority shall, without delay, notify to a police investigating officer as intended Article 127 in conjunction with Article 141 of the Code of Criminal Procedure , and shall forthwith inform the inspector of the trust of the authority of the trust. Before the competent authority is required to make a declaration, it shall inform the parents of the pupil concerned, who shall be responsible for the task of the school with the tasks assigned to them.

  • 3 If a staff member has become known in any way that a person responsible for the school with duties may be guilty or has committed a crime as referred to in the first paragraph to a pupil of the school, the staff member shall immediately inform the competent authority thereof.


Article 4b. Malting code of domestic violence and child abuse

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  • 1 The competent authority or the natural or legal person who maintains a school which is not financed from the public purse shall, for the staff, adopt a code of contact incrementally indicating how it is to be given by means of a Domestic violence or child abuse shall be dealt with and shall reasonably contribute to providing assistance as quickly and adequately as possible.

  • 4 The competent authority or the natural person or the legal person who maintains a school which is not financed from the public purse shall promote knowledge and use of the milk code.

  • 5 In the case of, or under general management, the elements of a milk code shall be determined in each case.


Article 4c. Duty of care safety at school

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  • 1 The competent authority shall ensure safety at school, where the competent authority shall, in any event, be responsible for:

    • a. Security policy,

    • b. The safety of pupils at school is monitored by means of a tool which gives a representative and up-to-date picture; and

    • c. assume that at least the following tasks have been assigned to a person:

      • 1. coordination of policies in the context of the prevention of bullying; and

      • 2 °. acting as a contact point in the context of bullying.

  • 2 The term 'safety' referred to in paragraph 1 shall mean the social, mental and physical safety of pupils.


Article 5. Special school education not financed from the public purse

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The competent authority of a special school shall, within four weeks of the establishment of the School, issue the statutes of the legal person, which shall maintain the school, and the regulations, of that formation to our Minister. If the statutes or regulations are amended or repealed, the amendment or the revocation of the statutes or regulations shall also be notified to our Minister within four weeks.


Article 5a. Inspectors Of Confidence [ Expated by 01-09-2002]

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Article 6. Expenditure from the public purse

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No schools shall be maintained or incurred in respect of a school, to be charged to any public purse other than the State and the municipality. Municipalities do not spend on a school that is not maintained by the municipality than under the law.


Article 7. Law Scope

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  • 1 This Act does not apply to schools which are intended solely for children who do not have the nationality of the Netherlands.

  • 2 If in doubt or at a school the first member of application is applicable, the Crown, the Council of State shall hear.


Title II. Special education from the public sector and from public funds

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Section 1. Rules for the provision of public education, including conditions for the financing of special education

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§ 1. Education

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Article 8. Principles and objective of education

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  • 1 Education shall be established in such a way as to allow the students to go through an uninterrupted process of development. It is tailored to the progress in the development of the pupils.

  • 2 In any case, education focuses on the emotional and mental development, and on the development of creativity, on the acquisition of necessary knowledge and of social, cultural and physical skills.

  • 3 The education:

    • a. assumes that pupils grow up in a plural society,

    • b. is also aimed at promoting active citizenship and social inclusion; and

    • c. is to inform pupils of different backgrounds and cultures of peers.

  • 5 The competent authority shall establish a school support profile at least once every 4 years.

  • 6 The schools use a student and education tracking system from which progress in knowledge and skills turn out to be at the level of the pupil, group and school. The student and educational monitoring system shall include tests that measure the knowledge and skills of the pupil in the fields mentioned in the second paragraph.

  • 7 The tests referred to in paragraph 6 shall conform to the quality part of an independent committee designated by Our Minister with regard to the substantive validity, reliability and sound standards of the law. Rules on the student and education monitoring system and the related tests may be established by means of a general measure of management or general measure of management.

  • 8 Schools provide for a progress record on the development of pupils in need of additional support, and on pupils who attend teaching as intended Article 165 .

  • 9 Education shall be established in such a way that:

    • a. pupils may, in principle, go through the school within a period of 8 consecutive years;

    • b. to receive at least 7520 hours of education in 8 school years, provided that pupils in the first 4 school years receive at least 3520 hours of education and at least 3760 hours of education in the last 4 school years; and pupils in the last 6 school years are given 4 days a week of education for 4 days a week, which are balanced over the school year, in the course of a school week of not less than 5 days of schooling; and

    • Education activities are distributed in a balanced way over the day, unless there is a derogation from this allocation of interest in relation to activities in the context of preventing and combating educational background.

  • 10 Education shall be arranged in such a way that pupils residing in the home or hospitable in a hospital should be adequately provided with education.

  • 11 The education shall be arranged in such a way that, in a structural and recognisable way, attention is paid to combating arrears in particular in the control of the Dutch language, including by means of early schooling. Education can be provided.


Article 9. Education content

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  • 1 The education shall comprise, where possible, in connection with:

    • a. sensory and physical exercise;

    • b. Dutch language;

    • c. numeracy and mathematics;

    • d. English language;

    • e. some areas of knowledge;

    • f. Expression Activity;

    • g. promotion of social security, including behaviour in traffic;

    • h. Promotion of healthy behaviour.

  • 2 In each case, attention shall be paid to:

    • a. geography;

    • b. history;

    • c. Nature, including biology;

    • d. societal relations, including state direction;

    • e. mental currents.

  • 3 In addition to the teaching activities mentioned in the first and second paragraphs, education may include the German language or the French language.

  • 4 At the schools of the province of Fryslân, education is also given in the Frisian language. Member States may, at the request of the competent authority, grant partial or complete exemption from that obligation. In a policy rule, the Member States shall lay down criteria for that partial and complete derogation. The adoption shall take place no earlier than after the Member States have held consultations with the Frisian primary education.

  • 5 In respect of the teaching activities referred to in paragraphs 1 and 2, core objectives shall be adopted by general management of directors. The general measure of management referred to in the preceding sentence shall be submitted to the two Chambers of the States-General. The measure shall not enter into force after the expiry of 4 weeks after presentation and shall not, during that period, be notified by or on behalf of one of the two Chambers that the subject on that measure is subject to the law. arranged. If such a proposal is made, a legislative proposal shall be submitted as soon as possible.

  • 6 In respect of the teaching activity referred to in paragraph 4, the provincial States of Fryslân shall, by means of a regulation, determine the language of the Frisian language. The adoption shall take place no earlier than after the Member States have held consultations with the Frisian primary education. The regulation needs to be approved by our Minister. If our Minister intends to withhold approval, he shall ask the Education Council to deliver an opinion. The request shall contain a description of the subjects on which the opinion is to be expected. The opinion will be delivered to Our Minister within six weeks and will be announced. Our Minister informs both Chambers of the States-General of his intention to approve or not to approve them. Section 4.1.3.3 of the General Administrative Law Act does not apply mutatis mutandis.

  • 7 Our Minister may, in any event, refuse the approval referred to in paragraph 6 if the following conditions, in respect of which the Member States provide information, shall not be satisfied:

    • a. The existence of sufficient support in the Frisian primary education for the submitted nuclear targets Frisian language;

    • b. that the core objectives of Frisian language do not require more efforts of the Frisian primary education than the proportion of the language teaching in the Frisian language within the total justifies educational activities.

  • 8 Our Secretary of State may in any event abstain from the approval of the sixth paragraph if the core objectives of the Frisian language do not pay attention to:

    • a. expressing oral expression in the Frisian language and the words spoken of the Frisian language,

    • b. to express themselves in writing in the Frisian language and to acquire information from texts set out in the Fries,

    • c. Promotion of the concept of the Frisian language; and

    • d. develop a positive attitude towards the use of the Fries.

  • 9 The requirement for the school to be at least the core objectives of its teaching activities as at the end of primary education is to achieve objectives. Core goals provide a description of the qualities of pupils in the field of knowledge, insight and skills. If the first sentence cannot be applied to a pupil due to his disability, it is envisaged in the development perspective. Article 40a , indicate which substitute educational targets are used.

  • 10 Where there is an urgent need for a competent authority of a special school to have reservations about the core objectives set under the fifth or sixth paragraph, the competent authority may establish its own core objectives for the school. These core targets shall be of a level equivalent to the core targets referred to in the fifth or sixth paragraph. The competent authority shall transmit the identified core targets to the inspector.

  • 12 [ Red: This member has not yet entered into force.]

  • 13 The teaching is given in Dutch. Where in addition to the Dutch language, the Frisian language or a regional language is in live use, the Frisian language or the regional language can be used as a language in the language of education. For the reception in and connection to the Dutch education of pupils with a non-Dutch cultural background, the language of the country of origin can be used as a feeding language in education, according to a competent authority established authority.

  • 13a By way of derogation from the thirteenth paragraph, a part of the teaching may be given in the English, German or French languages up to a percentage to be fixed by general management measure per school year.

  • 14 By way of derogation from the thirteenth paragraph, first sentence, education may be made to a department as referred to in Article 85a shall be given in the English language, provided that at least 10% of the number of hours provided for in Article 8, seventh paragraph , is given in Dutch or is spent on the Dutch language.

  • 15 Our Minister may, in special cases, at the request of the competent authority, permit a derogation from the provisions of the first and second paragraphs. Consent shall be granted for a given period of time; it may contain conditions.


Article 9a. Support for the education of sick pupils

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  • 1 The competent authority of a school may be supported in the provision of education to an apprentice who is hospitable or who resides in the home of a hospital.

  • 3 The support referred to in paragraph 1 may, in agreement between the educational provision or the school counselling service and the school in which the apprentice is enrolled, contribute to teaching the pupil.


Article 9b. Central key language and numeracy

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  • 1 In the eighth school year, in a full week between 15 April and 15 May, the student will complete a key final test. The central end key can be offered at different levels.

  • 2 The central end test measures knowledge and skills of the student in the field of Dutch language and numeracy and mathematics. The competent authority may also include in a pupil the test for the fields of knowledge, in particular: Article 9, second paragraph, parts a, b and c -Take it down.

  • 3 If an apprentice has been prevented from making the final test, then the test will be taken at a later stage, unless this is impossible for the pupil for medical reasons.

  • 4 The competent authority may also, on the basis of the test data in the student and education monitoring system, be set up in Article 8 (6) , provide a justification for not making a central final test by:

    • a. very difficult learners,

    • b. Multiple handicapped pupils for whom it is very difficult to experience one of the handicaps, and

    • c. pupils who are four years or less in the Netherlands and for that reason do not control the Dutch language insufficiently.

  • 5 The competent authority shall determine, on the basis of the student and education monitoring system, the following: Article 8 (6) , at what level the apprentice sets off the central terminal key.

  • 6 Before the start of the final reduction of the final test, the competent authority shall inform the parents of the level of the test which the pupil is going to enter or where the competent authority determines, on the basis of the fourth paragraph, parts a or b, that the the ground for that application does not lay down any key.

  • 7 Where the competent authority intends to provide that the apprentice is not subject to a test by virtue of paragraph 4 (c), the competent authority shall transfer to parents on this matter.

  • 8 Our minister may allow the use of final tests other than the final key, referred to in paragraph 1. This Article shall apply mutatis mutandis to the other final tests, subject to rules on the authorisation of other final tests by a general measure of administration.

  • 9 In the case of, or under general management, rules may be laid down concerning the final key test.

  • 10 Until a date to be determined by royal decree, the first to the ninth paragraph shall not apply to pupils of a special school for primary education.


Article 9c. Prehang general measure of administration

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The nomination for a under Article 8, seventh paragraph , and Article 9b, Eighth and Ninth Member , the general measure of management to be adopted shall not be more than four weeks after presentation to the two Chambers of the States-General.


Article 10. Quality education

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The competent authority shall ensure the quality of education at the school. The quality of education shall in any event be understood as: the care of personnel policy, in so far as it concerns the sustainable assurance of the quality of the teaching staff, and the implementation of the quality of the school plan; Intended in Article 12 , described policy in such a way as to achieve the statutory assignments for education and the self-governing instruction contained in the school plan.


Article 10a. Serious or long-term deficit learning outcomes language and numeracy

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  • 1 In any case, the competent authority does not comply with the legal instructions for education provided for in Article 10 If the learning outcomes at the school at the end of the eighth school year are in serious or long-term deficit shooting at group level.

  • 2 There is insufficient learning results as referred to in paragraph 1 if:

    • a. At the school the learning outcomes in the field of Dutch language and in the field of arithmetic and mathematics, measured over a period of 3 school years, are below the minimum standards applicable in comparison to those learning outcomes over the course of those same school years of schools with a similar pupil stock; or

    • b. No learning outcomes by the school can be demonstrated.

  • 3 The school ' s learning outcomes are assessed annually on the basis of the results of the state of the final test, which is intended to be used in Article 9b , in the field of Dutch language and numeracy and mathematics. For the purposes of application of the first sentence, central final tests carried out by pupils of very difficult learning, multiple handicapped pupils for whom it is very difficult to learn is one of the handicaps, and pupils who are four years old or shorter in the Netherlands, and for that reason the Dutch language is not sufficiently controlled, out of consideration. The first and second sentences shall apply mutatis mutandis to the other final tests provided for in Article 9b, paragraph 8.

  • 4 There is serious or protracted misconduct of the quality of education as referred to in the first member if the inspection is based on the Article 14 of the Law on Education Supervision Our Minister communicates that from the research on the quality improvements, Article 11, 4th paragraph, of the Law on Education Supervision It is clear that there has been insufficient improvements or that the authority has not been prepared to agree on quality improvements in the light of the investigation provided for in Article 11 (3) of the Education Supervision Act.

  • 5 In the case of, or under general management, rules shall be laid down as to how learning outcomes are measured, standardised and assessed. In addition, the standards referred to in paragraph 3 shall be determined and the number of pupils in the eighth school year of a particular school for that school for the period of 3 school years referred to in paragraph 2 (a) shall be determined. read 5 school years.

  • 6 The nomination for a general measure of directors to be adopted under the fifth paragraph shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.


Article 10b (Expired by 01-08-1998)

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Article 11. Reporting of apprentices

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The competent authority shall report in compliance with the student and education monitoring system, as referred to in Article 4 (2). Article 8 (6) , about the progress of the students to their parents.


Article 11a [ Exchanges by date 01-08-1998]

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Article 11b (Expired by 01-08-1998)

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Article 12. School Plan

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  • 1 The school plan contains a description of the policy regarding the quality of education that is conducted within the school, and in each case includes educational policy, personnel policy and policy with respect to education. monitoring and improvement of the quality of education. The school plan shall include a policy on the acceptance of material contributions or financial contributions, non-parent contributions or contributions based on education law, where the competent authority in this field is subject to obligations in respect of shall be faced with the need to face pupils within the school age and during the activities organised under the responsibility of the competent authority, as well as during the period of stay. The school plan shall indicate the manner in which the public character is to be identified, as far as it is concerned, as far as a cooperation school is concerned. The school plan may cover one or more primary schools and one or more schools for other education of the same competent authority.

  • 2 In any case, educational policy shall comprise the preparation of statutory contracts for teaching and the own teaching assignments for education contained in an education programme by the competent authority in the school plan. The school support profile shall also be involved.

  • 3 The personnel policy, as expressed in the school plan, shall in any event include measures relating to the personnel contributing to the development and implementation of the educational policy and to the document on the proportional representation of women in the school leadership provided for in Article 30 of the Act.

  • 4 The policy relating to the monitoring and improvement of the quality of education shall in any event include:

    • (a) the means by which the competent authority monitors that such quality is achieved;

    • (b) the means by which the competent authority determines which measures to improve the quality are necessary; and

    • c. measures and instruments to ensure that the staff maintains their competence.


Article 13. School Guide

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  • 1 The school guide contains information on the practice of the school for parents, carers and pupils, and in any case contains information on:

    • a. the objectives of the education and the results achieved by the educational process; it is understood that rules may be laid down by a general measure of administration on the manner in which the education process is

      • 1 °. describe the results achieved with the educational process; and

      • 2. the context shall be indicated in which the results referred to in 1 ° are to be placed,

    • b. the manner in which the support of the young child is shaped;

    • c. the manner in which the support of pupils in need of additional support is provided;

    • d. the manner in which the compulsory education time is used;

    • e. the financial contribution, for the purpose of Article 40, first paragraph , indicating that it is voluntary,

    • f. the rights and duties of the parents, the caregivers, the pupils and the competent authority, including the information about the complaints scheme, intended in Article 14 , and the grounds for exemption from education, referred to in Article 41, second paragraph , and

    • g. the manner in which the competent authority deals with the Article 12, first paragraph , defined contributions,

    • i. the security policy,

    • j. the manner in which the provisions referred to in Article 45 , are organised, and

    • k. the default policy,

    • (l) the manner in which the public character is given the identity as far as a cooperation school is concerned,

    • (m) the grouping and, where appropriate, the cooperation associations to which the school's competent authority is affiliated; and

    • n. the person in whom the tasks, referred to in Article 4c (c) (c) (c) -It's called.

  • 2 The competent authority shall extend the school guide to parents or carers at the time of registration and annually following the establishment of the school guide.

  • 3 The general measure of management referred to in subparagraph (a) of paragraph 1 shall be submitted to the two Chambers of the States-General. The measure shall not enter into force after the expiry of 4 weeks from the date of presentation and shall not, during that period, be given by, or on behalf of, one of the Chambers, the wish to ensure that the subject governed by that measure is governed by the law. If such a proposal is made, a legislative proposal shall be submitted as soon as possible.


Article 13a [ Verfall by 01-08-1998]

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Article 13a [ Expat per 01-08-1998]

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Article 13b (Expired by 01-08-1998)

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Article 13c [ Expired-01-08-1998]

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Article 13c1 [ Expired-01-08-1998]

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Article 13d (Expired on 01-08-1998)

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Article 13th [ Expat per 01-08-1998]

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Article 13e1 [ Expired-01-08-1998]

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Article 13e2 [ Falling by 01-08-1998]

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Article 13e3 [ Exchanges by the date 01-08-1998]

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Article 13e4 [ Expired-01-08-1998]

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Article 13e5 [ Exchanges from the date 01-08-1998]

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Article 14. Complaints scheme

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  • 1 Parents or carers and staff members may complain to the Complaints Commission referred to in paragraph 2 (a) on conduct and decisions of the competent authority or personnel, including discrimination, or failure to act and failure to take decisions by the competent authority or staff.

  • 2 The competent authority shall adopt rules for the treatment of complaints. In any event, this arrangement shall state:

    • a. the setting up of a Complaints Commission, which handles complaints,

    • b. the manner in which the Complaints Board carries out its work,

    • (c) the period within which the complainant may lodge a complaint and

    • (d) the period within which notification of the judgment referred to in paragraph 6 shall take place and how the necessary derogation from that period is to be taken.

  • 3 This scheme is intended to replace complaints on the basis of rules other than this Article and does not replace another provision which, under legislation other than a complaints scheme, is to be used for the purposes of the the complainant is open or has been open.

  • 4 This scheme

    • a. provides that the complaints are dealt with by a Complaints Committee consisting of at least three members, including a President, who is not a member of the competent authority and is not employed by or with the authority and

    • (b) ensure that the handling of a complaint is not taken part of by a person on whose conduct the complaint relates directly to the complaint.

  • 5 The complainant and the person complaining about who has been complaining or complained of complaints are given the opportunity to:

    • a. to explain their views orally or in writing; and

    • b. to be assisted in the handling of the complaint.

  • 6 The Complaints Committee considers the merits of the complaint and agrees, whether accompanied by recommendations, in writing to the complainant, the person complaining or the body complained of and the complaint to the complainant. competent authority.

  • 7 The competent authority shall inform the complainant and the Complaints Board referred to in paragraph 2 (a) within 4 weeks of receipt of the judgment of the Complaints Committee as referred to in the sixth paragraph, whether or not he considers the merits of the judgment of the Complaints Committee. of the complaint and whether, as a result of that assessment, it will take measures and if so which one. By way of derogation from the time limit referred to in the first sentence, the competent authority shall give a reasoned statement to the complainant and to the complaints board, indicating the time limit within which the competent authority will make its views known.

  • 8 The person involved in the implementation of this Article shall be obliged to disclose information of which he knows or reasonably suspects the confidential nature of such information, except in so far as the person concerned is subject to the confidentiality of the law. He is obliged by law to notify him or his task of the need for communication.

  • 9 Particulars relating to a complaint shall be kept in a place which is only accessible to the members of the Complaints Committee and the competent authority.


Article 15. Counting time at other school or school or institution for s.o. or v.s.o.; set summer holidays

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  • 1 If, during part of the curriculum, a pupil receives education at a different school, at a special education school, at a special and secondary school, or in a special and special education institution, Special education shall include the time during which the pupil receives this education for the number of hours of education that the pupil has to receive at least.

  • 2 In the case of ministerial arrangements, rules may be laid down concerning holidays. This can be done at the beginning and end of holidays which do not need to be the same for all schools.

  • 3 In the case of general management measures, rules may be laid down on the implementation of paragraph 1 as well as on the nature and requirements of the schools and institutions referred to in the first paragraph.


Article 16. School plan and school guide

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  • 1 The competent authority shall establish the school plan at least once every 4 years.

  • 2 The competent authority shall draw up an annual school guide for the next school year.

  • 3 The authority shall send the school plan and the school guide to the inspector immediately after the adoption of the plan.


Article 17. Administrative mergers public and special schools

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  • 1 The maintenance of one or more of the public and one or more special schools may be entrusted or transferred to a foundation established for the purpose of this purpose. The decision-making on the part of the municipality will be made by the municipal council.

  • 2 The statutory purpose of the foundation is, in any event, to provide public education and education of one or more directions in separate schools for the provision of special education in particular.

  • 3 The Foundation shall exercise all the functions and powers of the competent authority.

  • 4 Staff working in the public school are appointed under a civil service contract, with the exception of those who are employed without appointment.

  • 5 The statutes shall, in any case, provide for a system of:

    • (a) the composition, operation and establishment of the board of the Foundation;

    • b. the manner of appointment, reappointment, suspension and dismissal of the board members,

    • (c) the period for which the board members are to be appointed,

    • d. the adoption of the budget and financial statements after consultation with the municipal council of the municipality in which the school where public education is being provided is established,

    • e. the manner in which the municipal council of the municipality in which the school is established where public education is established carries out supervision of the management of that school;

    • f. the grounds on which the Steering Board may decide to hold the meetings,

    • g. the period for which the foundation is to be set up, on the understanding that this period shall be at least 5 years; and

    • h. the power to dissolve the foundation, it being understood that the system ensures that the administration has a dominant influence in the administration in so far as public education is concerned.

  • 6 The statutes of the foundation may be amended only after the agreement of the municipal council of the municipality in which the school of public education is established. Consent may be withheld only if the dominant influence of the administration in the administration is not ensured in so far as public education is concerned.

  • 7 The board reports annually to the municipal council of the municipality in which the school where public education is given is drawn up, paying attention in any event to the web features of the public education. public education. The report shall be published.

  • 8 The meetings of the Board of the Foundation shall be public, unless the Steering Board decides otherwise, on grounds specified in the Statutes.

  • 9 In case of serious job neglect by the board or functioning contrary to the law, as far as public education is concerned, the municipal council of the public school board shall take the measures he deems necessary to implement the to ensure continuity of the educational process in so far as public education is concerned.


Article 17a. Separation of supervision and governance

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  • 1 The competent authority shall contribute to the obligation referred to in Article 4 (1). Article 10 , take care of a well-steered school with a separation between the functions of governance and the supervision of it and with a lawful administration and management.

  • 2 The functions of supervision of the Steering Board referred to in paragraph 1 shall be made on the basis of pre-published profiles. Upon appointment of the members of the Supervisory Board, the school participation council is to be appointed. Article 3 of the Law co-determination in schools , having given the opportunity to make a binding proposal for a member. Upon the appointment of the members of the cooperative supervisory board, the support board is intended to be used. Article 4a of the Law co-determination in schools , having given the opportunity to make a binding proposal for a member.

  • 3 The first paragraph and the second paragraph, first sentence, shall apply mutatis mutandis to a grouping.


Article 17b. Internal supervision

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  • 1 The competent authority shall ensure that the functions of management and internal supervision of the board are separated by functional or organical terms.

  • 2 An internal supervisory authority or a member of the internal supervisory body shall operate independently of the Steering Board.

  • 3 This Article shall apply mutatis mutandis to a grouping.


Article 17c. Internal monitoring content

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  • 1 The internal supervisory authority or the internal supervisory body shall monitor the performance of the tasks and exercise of the powers of the Steering Board and shall assist the Board with the advice of the Board. The supervisor or the supervisory organ shall be at least charged with:

    • (a) the adoption of the budget and the annual report and, where appropriate, the multiannual strategic plan of the school;

    • b. to monitor compliance by the board of legal obligations, the code for good governance, intended in Article 171, first paragraph, part a , and the deviations from that code,

    • (c) supervise the lawful acquisition and the effective and lawful use and use of the resources of the School under this law;

    • d. Designating an auditor as intended to Article 393, 1st paragraph, of Book 2 of the Civil Code delivers a report to the supervisory authority or supervisory body; and

    • (e) annual accountability of the performance of the tasks and the exercise of the powers referred to in points (a) to (d) of the annual report.

  • 2 The tasks and powers of the internal supervisory authority or of the internal supervisory body shall be such that it can carry out a sound and independent internal supervision. Where there is more than one supervisory authority or of a supervisory board, the first sentence of equivalent application shall apply with regard to the combination of supervisors or the composition of the supervisory organ.

  • 3 If internal supervision is exercised by a supervisory board, the first paragraph and the second paragraph shall apply mutatis mutandis to a supervisory board. A Supervisory Board is also responsible for appointing, suspending and firing and establishing remuneration of members of the board, as well as the application of the rules. Article 29, fifth paragraph , 33 , 33a , 34 , 38 , 53 , 59 , 60 and the related legal provisions to members of the board that belong to the staff.

  • 4 This Article shall apply mutatis mutandis to a grouping.


Article 17d. Cooperation School

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  • 1 A legal person who maintains a public school and a legal person who maintains a special school may transfer their school to a foundation whose statutory purpose is, in any case, in the form of a public school. love a collaboration school. A collaboration school is a school in which both public education and special education are offered. The Articles 49 and 56 shall be applicable mutatis mutandis.

  • 2 A cooperation school may be established only if, as a result, continuity of public or special education can be maintained and prevented by the establishment of a school of cooperation which will not be one or more of the Schools concerned by the application of the Articles 151 to 161 will be abolished or no longer eligible for funding. The competent authority of the school concerned shall demonstrate that, on the basis of a forecast of the trend in the number of pupils showing that this school is likely to be lifted or not to be paid for within a period of six years.

  • 3 A cooperation school is accessible to all pupils without distinction of religion or belief.

  • 4 Staff working at the cooperation school, and not being employed without appointment, is appointed by contract of employment under civil law.

  • 5 The legal person who has transferred the maintenance of the special school, or his legal successor, or a duly appointed legal person supervises the identity, in so far as it relates to particular education in the cooperation school, in accordance with what is provided for in the Statute of the Foundation which maintains the cooperation school.

  • 6 The statutes shall, in any case, provide for a system of:

    • a. the purpose of the Foundation, which in any case includes the provision of public education and special education within a cooperation school,

    • (b) the composition, operation and establishment of the board of the Foundation, it being understood that the statutes provide for a balanced distribution of control in the area of public education and special education which is to be used given within the cooperation school,

    • (c) the means of appointment, reappointment, suspension and dismissal of the members of the board, subject to the following:

      • 1 ° the board of the foundation which maintains the cooperation school shall be appointed by the municipal council of the municipality where the cooperation school is established, and the legal person referred to in the fifth paragraph, and

      • 2 ° that the Board of the Foundation which maintains the cooperation school shall not be composed of persons who form part of the municipal administration of the municipality and the legal person referred to in the fifth paragraph,

    • d. the manner in which the municipal council of the municipality where the cooperation school is established and the legal person referred to in the fifth paragraph supervises the management of the cooperation school, including in respect of public In any case, education is understood to be an annual report by the Board of the Foundation to the municipal council of the municipality of the commune where the cooperation school is established. In any event, attention shall be paid to the policy of the local council of the local council. in the case of public education in the cooperation school,

    • (e) the period for which the board members are appointed,

    • f. the period for which the foundation is to be set up, on the understanding that this period shall be at least 5 years; and

    • g. the power to dissolve the foundation.

  • 7 Transfer, removal or merger of the cooperation school and amendment of the statutes of the foundation which maintains the cooperation school is only possible after agreement of the municipal council of the municipality where the cooperation school is established and the legal person referred to in the fifth paragraph.

  • 8 The provisions of this Law and of other laws relating to primary education, as well as the arrangements based thereon, to the extent that those rules and regulations relate to a particular school, shall apply mutatis mutandis. at a cooperation school as referred to in the first paragraph, unless the contrary proves to the contrary. The General Administrative Law Act does not apply to the extent that decisions are made of the legal person who maintains the cooperation school.

  • 9 In case of serious job neglect by the board or functioning contrary to the law, insofar as public education is concerned, the municipal council of the municipality where the cooperation school is established takes the measures he deems necessary. in order to ensure continuity of the educational process in so far as public education is concerned. The measures referred to may also be taken by the legal person referred to in paragraph 5, in so far as special education is concerned. Effective cooperation shall be terminated on 1 August of the year following a decision taken jointly by the municipal council of the municipality of the municipality of the municipality of the cooperation school, as referred to in the fifth paragraph.

  • 10 A dispute between the administrative organ of the municipality and the legal person referred to in paragraph 5 as regards the supervision of the cooperation school and on the interpretation of the statutes of the foundation which maintains the cooperation school, shall be submitted to a Dispute Settlement Commission consisting of one or more of the municipal council of the municipality where the cooperation school is established, and the legal person by mutual consultation appointed by mutual agreement.


§ 2. Support structure

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Article 18. Partnerships [ Expired by 01-08-2014]

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Article 18a. Partnerships

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  • 1 The competent authority of one or more schools shall be affiliated to any establishment of that school or schools in the case of a grouping referred to in the second or a national grouping as referred to in the fifteenth paragraph.

  • 2 A grouping shall comprise all branches of schools, special education schools and schools for special and secondary special education within an area referred to in the third paragraph, in so far as special education is concerned. provided, belonging to cluster 3 and 4, intended in the Law at the centres of excellence , with the exception of establishments for which the competent authority is affiliated to a national association. The aim of the grouping is to achieve a coherent set of support facilities within and between schools, as defined in the previous sentence, in such a way as to enable pupils to develop a continuous development process. Pupils and pupils in need of additional support shall be given as appropriate a place as possible in education.

  • 3 In the case of ministerial arrangements, contiguous areas shall be designated for the cooperation associations.

  • 3a In the case of a general measure of management, rules may be laid down on the manner in which a grouping situated at the national border in the performance of its tasks can cooperate with a school or institution in Belgium or in one of the other institutions of the Federal States North Rhine-Westphalia, Lower Saxony or Bremen of the Federal Republic of Germany.

  • 4 The competent authority of the schools referred to in paragraph 2 shall form the grouping by establishing a legal person with complete non-profit-making legal capacity, in which only those competent authority bodies shall participate, subject to the participation of a competent authority in accordance with the fifth paragraph. The Statutes of the Legal Person shall contain a dispute settlement facility.

  • 5 Where the competent authority of a School of Special Education or a School of Special and Secondary Special Education, belonging to Cluster 3 and 4, is intended to be used in the Law at the centres of excellence , the establishment or establishment of which is situated outside the sphere of a grouping wishes to participate in this grouping, that powers shall not be excluded from participation in the grouping.

  • 6 In any case, the grouping shall have the task of:

    • adoption of a support plan;

    • b. allocating and allocating support resources and support facilities to the schools referred to in the second paragraph,

    • (c) assessing whether pupils are eligible for teaching at a special school for primary education in the grouping or in special education, at the request of the competent authority of a school as referred to in the second paragraph where the school is Pupil is either registered or registered; and

    • d. advise on the support requirement of an apprentice at the request of the competent authority of a school as referred to in the second member in which the apprentice is notified or is registered.

  • 7 The grouping shall establish a support plan at least once every 4 years. When establishing the support plan, the grouping can only limit the school support profile as required by the school, if that is for the purpose of the grouping. the available support equipment and support facilities would be a disproportionate burden.

  • 8 The support plan shall, in any event, include:

    • (a) the conditions for compliance with the second sentence of the second paragraph, including the basic support facilities available at all branches of schools in the grouping;

    • b. the procedure and criteria for the allocation, use and allocation of supports and support devices to the schools referred to in paragraph 2 shall be considered in the perspective of a multiannual budget;

    • c. the procedure and criteria for the placement of pupils at special schools for basic education in the grouping and in schools of special education and special and secondary special education,

    • d. the procedure and policies relating to the return or transfer to primary school of pupils from special education and special and secondary special education for whom the period to which the statement of admissibility, intended in Article 40, 10th paragraph of the Law on Centre of Expertires It has expired,

    • e. the intended and achieved qualitative and quantitative results of the education of pupils in need of additional support and related funding;

    • f. the manner in which information is provided to parents about the support facilities and about the independent support possibilities for parents,

    • g. the manner in which to determine whether the situations, intended in the Articles 118, fourth paragraph , and 124 , to occur,

    • h. the method of determining the proportion of the different schools in the transfer of the cost of material conservation in a situation as referred to in Article 4 (2) shall be adopted. Article 124, seventh paragraph , or Article 125, sixth paragraph ,

    • i. the manner in which to determine whether the situations referred to in Article 125b occur; and

    • j. the method of determining the proportion of the various schools referred to in paragraph 2 in the transfer of the costs incurred in the transfer of personnel costs in a situation as referred to in Article 4 (2) shall be Article 125b, third paragraph .

  • 9 The support plan shall not be established before a concept of the plan has been agreed with the mayor and aldermen of the municipality or municipalities concerned, and consultations have taken place on the basis of the plan. the grouping referred to in Article 17a, second paragraph, of the Law on secondary education , where the whole or part of the area coincates with the area of the grouping. Consultations with the mayor and aldermen shall be held in accordance with a procedure established by the grouping and mayor and aldermen of that municipality or municipalities. The procedure shall contain a dispute settlement facility.

  • 10 The support plan shall be sent to the inspection before 1 May prior to the first school year of the period covered by the plan.

  • 11 The grouping shall ensure that experts advise, in any event, the partnership on the admissibility of pupils to the teaching of a special school for primary education in the grouping or in the Special education. A general measure of management shall specify detailed rules as to the nature of the necessary expertise.

  • 12 The grouping shall draw up an advisory committee Article 7:13 of the General Administrative Law Act in, which advises on objections concerning decisions of the grouping on the admissibility of pupils to the teaching of a special school for primary education in the grouping or to special education.

  • 13 The grouping shall have jurisdiction without the consent of the person relating to personal data relating to a person's health as referred to in Article 16 of the Personal Data Protection Act to be processed in respect of apprentices, in so far as this is necessary for the performance of the tasks referred to in paragraph 6 (b) to (d). The grouping shall not provide the information, intended in the first sentence, to third parties, with the exception of the competent authority of the school in which the student concerned has been notified or registered. The grouping shall keep the information in a place accessible only to the grouping and to the experts referred to in the 11th paragraph. The grouping shall keep the data up to three years from the end of:

    • (a) the assessment of the admissibility of the pupil to the teaching of a special school for primary education in the grouping or in special education;

    • (b) advice on the student's support requirement to the competent authority of the school in which the apprentice is registered or registered; or

    • c. the allocation of support equipment or support facilities to the school, to the extent that it was necessary for that allocation to process data from the pupil as referred to in the first sentence.

  • 15 Competent authorities of schools and schools belonging to the same direction as intended for use in the Law at the centres of excellence Special education of cluster 3 and 4 may be established; they may set up a national grouping. A national grouping shall comprise all the schools in the Netherlands and corresponding to the same direction as intended in the first sentence. The second to fourteenth member, with the exception of the third and fifth paragraphs, and the sixteenth member shall apply mutatis mutandis to a national cooperation grouping. Where a competent authority has schools with more than one direction, the competent authority shall decide on a one-off basis on the basis of which direction the affiliation to the grouping takes place.

  • 16 In the case of a general measure of management, detailed rules may be laid down regarding the cooperation arrangements.


Article 19. Health Care Plan [ Expired by 01-08-2014]

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Article 20. Grouping of Regulations [ Expired by 01-08-2014]

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Article 20a [ Expired-01-08-1998]

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Article 21. Cooperation Central Service [ Expestablished per 01-08-2014]

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Article 21a. Further Training Plan [ Expired by 01-08-1998]

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Article 22. Cooperation Disputes Commission [ Expired by 01-08-2014]

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Article 22a [ Exchanges by date 01-08-1998]

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Article 22b [ Expired-01-08-1998]

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Article 23. Permanent Committee on Curriculum Care [ Expaed by 01-08-2014]

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Article 24. Regional Referral Commissions [ Expired by 01-08-2014]

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Article 25. Regional referral committee attached to a legal person [ Exparising per 01-08-2014]

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Article 26. Institution Regional referral committees [ Expaed by 01-08-2006]

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Article 26a [ Expired-01-08-1998]

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Article 27. Funding Regional Referral Commissions [ Expired by 01-08-2014]

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Article 28. Further rules on regional referral committees [ Expestablished by 01-08-2014]

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§ 3. Staff

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Article 29. Senior management, teachers and education support staff

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  • 1 At each school, 1 or 2 directors are associated with the educational, organisational and administrative management, under the responsibility of the competent authority. The director of a school may also be director of another school or a school as intended for the purposes of the Law at the centres of excellence .

  • 2 One or more teachers are connected to a school.

  • 3 One or more teachers may also be appointed as Deputy Director, or by employment without appointment.

  • 4 As far as the function of director and deputy director is concerned, in case of aggregation of schools, the remaining school shall be treated in the same way as a new school. The Director, the Deputy Director or Deputy Directors, may only be one of the Directors at the same time as one or more of the Deputy Directors of the Schools to be merged, unless none of the persons concerned are the Commission. Wishes to accept the function in question.

  • 5 The competent authority may also provide personnel with responsibility for more than one school or more than one school as referred to in the Law at the centres of excellence , appoint, appoint or work without appointment, including members of the management of those schools, to the extent that internal supervision is exercised by a supervisory board as referred to in Article 3 (2) of the EC Treaty. Article 17c, third paragraph .

  • 6 In a school, education support staff may be connected.

  • 7 The competent authority shall adopt each year the policy on the formation of the various categories of staff of the School.


Article 29a [ Exchanges by the date 01-08-1998]

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Article 29b [ Expired-to-01-08-1998]

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Article 29c [ Expired-01-08-1998]

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Article 30. Document on proportional representation of women in the school leadership

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  • 1 The competent authority shall, once the total of those schools of a under-representation of women in the post of Director of the Deputy Director, be subject to the responsibility of its schools, once every 4 years a Document on the proportional representation of women in the school guidance system.

  • 2 The document contains target figures, including a given period of time within which these targets are realised, by which the competent authority establishes a policy of proportional representation of women in the school management. In order to ensure that the schools together in the position of the Director of Deputy Director of the Deputy Director of Women and Men will work proportionally. The proportional representation is based on the ratio of men and women to the teaching staff employed in the school education, as is apparent from the annual study by Our Minister for Education. published figures. The document shall also indicate the measures taken and will take in order to achieve the objectives referred to in the first sentence and give an overview of the objectives pursued and the results of the policy on the implementation of the measures adopted. proportional representation of women in the school management during the period covered by the document, the period for which the previous document was valid.

  • 3 The competent authority shall ensure that a copy of the document is made available in the school's premises to a place accessible to staff, to parents and to the pupils, and to the storage of a copy at the premises of the competent authorities. administration of the school.


Article 30a. Transfer of tasks and powers

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  • 1 The board of directors may delegate to the director of the school the duties and powers conferred upon him by law, or if application has been given to Article 29, fifth paragraph , staff referred to in that Article to the extent to which management duties relating to the schools and schools referred to in the Law at the centres of excellence .

  • 2 The director of the school or if application is given to Article 29, fifth paragraph , staff referred to in that Article to the extent to which management duties relating to the schools and schools referred to in the Law at the centres of excellence , he may, by law, delegate to the Deputy Director or transfer powers transferred to the Deputy Director or by the competent authority.


Article 31. Establishment of management rules

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  • 1 The competent authority shall adopt, after consultation with the Director, and where application has been given, Article 29, fifth paragraph , with the staff referred to in that Article in so far as it is entrusted with management tasks relating to the schools and schools referred to in the Law at the centres of excellence -A management statute. The management staff regulations include at least one of the rules governing the powers of the Director and, if applicable, Article 29, fifth paragraph , also of the powers of the staff referred to in that Article, to the extent that it is responsible for management tasks relating to the Schools and the Schools, as provided for in the Law at the centres of excellence , with regard to the allocation, destination and use of the funding.

  • 2 The management status shall also include the designation of the other tasks and powers conferred by the competent authority under the powers conferred by the competent authority which have determined that the Principal of the School, or where applicable, has been assigned to the Board of Management. Article 29, fifth paragraph , staff referred to in that Article to the extent to which management duties relating to the schools and schools referred to in the Law at the centres of excellence it can exercise in the name of the competent authority. The management status shall also include instructions on these tasks and powers.

  • 4 The competent authority shall ensure that a copy of the management staff status is available for inspection in the premises of the School in a place which is accessible to each place. The competent authority shall forward to the inspection a copy of the management status and any amendment thereto as soon as possible after the establishment has been established.


Article 32. Appointment or employment requirements

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  • 1 Directors, deputy directors and teachers are appointed by the competent authority or employed without appointment.

  • 3 The Director or Deputy Director who does not fulfil the requirements of paragraph 2 (b) may, in so far as it relates to activities for which the Article 32a, second paragraph However, competence requirements have been established, which are nevertheless responsible for such work, for a period not exceeding two years.

  • 4 The Director or Deputy Director acting on the basis of Article 3 is competent to give education or who is responsible for the provision of education Article 3a is competent to carry out the teaching activities referred to therein, may also be entrusted with the provision of education and training respectively with the provision of such teaching support activities.

  • 6 The education support officer in charge of work for which he is responsible for the work Article 32a, third paragraph , competence requirements have been established, must comply with Article 3a (1) , without prejudice to the second and third paragraphs of that Article.

  • 7 The education support officer in charge of work other than those for which he is responsible Article 32a, third paragraph , competence requirements have been established, must:

  • 8 In the case of general management measures, detailed rules shall be laid down on the requirements referred to in point (b) of the seventh paragraph.

  • 9 The declaration referred to in paragraph 2 (2) (a), Article 3, first paragraph, point (a) , and Article 3a (a) (a) Where the appointment or employment is subject to the presentation of an appointment without appointment, it shall not exceed six months at the time of presentation to the competent authority.

  • 10 If person is in possession of a fitness certificate as referred to in Article 176b the appointment or employment shall take place without appointment for a period of up to two consecutive years of school. The competent authority may extend this period of appointment, under conditions to be laid down by that authority, for a period not exceeding two years if the competent authority considers that there are grounds for such appointment. The competent authority shall have records of ordered data relating to the application of the second sentence. The competent authority which shall, for the first time after the issue of the fitness statement, appoint or employ without appointment, shall sign the fact and the date of appointment or employment without appointment.

  • 11 Directors and Deputy Directors appointed or employed without appointment prior to appointment Law on the professions in education has entered into force and has not had a certificate as referred to in paragraph 2 (2) of their appointment or employment without appointment, as from the date of entry into force of the said Act Appointment as Director and Deputy Director respectively if in any event they comply with the requirements of the second paragraph, including points (a.1) and (c). The third paragraph shall not apply to such directors and deputy directors.


Article 32a. Competence requirements

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  • 1 In the case of a general measure of management, competence requirements shall be established for teachers.

  • 2 In the case of a general measure of management, competence requirements shall be established for management activities closely related to the educational didactic climate at the school or that include educational guidance, and may also be used for the purpose of establishing a other activities of a managerial nature shall be established.

  • 3 In the case of a general measure of management, competence requirements shall be established for educational support activities to be identified in that measure, directly related to the educational process.

  • 4 The criteria of competence referred to in paragraph 1 shall be aimed at acting in the educational process, acting in general and working within an educational organisation. They shall, in any event, contain requirements as to:

    • a. pedagogic-didactic knowledge, insight and skills; and

    • b. proficiency.

  • 5 The general measure of management referred to in the first, second and third paragraphs shall be submitted to the two Chambers of the States-General. The measure shall not enter into force after a period of four weeks has elapsed after the production has expired and shall not be required by or on behalf of one of the two Chambers to ensure that the subject governed by that measure is governed by the law. If such a proposal is made, a legislative proposal shall be submitted as soon as possible.

  • 6 Our Minister proposes a professional body which he considers to be representative of educational staff as referred to in this Law from the point of view of professional quality, giving him a proposal for the first, second or third paragraphs of the law. a representative professional body may provide him with a proposal for competence requirements which may be established on the basis of paragraph 2. In any event, our Minister shall, once every six years, propose that this organization be given a proposal on whether or not to maintain or amend the standard of competence to the extent that it has been adopted. A proposal as referred to in the first or second sentences shall also indicate the extent to which such a proposal is co-supported by a representative of the competent authorities and parents of the pupils.


Article 32b. Competence file

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The competent authority shall possess, in respect of each staff member, a function or work for which competence requirements have been established, on ordered data relating to the competence and the maintenance of competence. In order to ensure comparability and public access to information, rules may be laid down by ministerial rules on the establishment and procedure for the organization of such data.


Article 33. Legal status of personnel

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  • 1 Taking into account the rules referred to in paragraphs 2 and 4 of the second and fourth paragraphs, the competent authority of a public school shall determine the legal status of the staff and shall have the power to act in the competent authorities of the Member States, to the effect that the competent authority of a public school a special school system for regulating the status of the staff.

  • 2 In the case of or under general management measures, rules may be laid down concerning:

    • a. salary scales and starting points to be met by a job valuation system to be established by the competent authority; and

    • (b) holidays, leave, entitlement to pay in the case of military service, illness or accident, severance payments, and on other rights and obligations, or the conditions under which the powers and obligations referred to in the competent authority are themselves It regulates or provides for the arrangements to be carried out.

  • 3 Under the rules governing the legal position referred to in paragraph 1, the provisions on appointment, appointment, suspension, disciplinary measures and dismissal of staff shall also be understood. The provisions on dismissal must not confer less rights on the staff of the public schools than those resulting from the provisions of mandatory law of a contract of employment for workers with a contract of employment. Title 10 of Book 7 of the Civil Code .

  • 4 In the case of a general measure of management, rules may be laid down for general working time.


Article 33a. Appointment, suspension and dismissal

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The competent authority shall appoint, suspend and fire the personnel.


Article 34. Appointment in general service

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  • 1 The competent authority shall appoint the Director and the Deputy Director, the teachers and the education support staff in the general authority of the competent authority.

  • 2 Under appointment as a general authority of the competent authority, this article and the Articles 53 and 59 (i) an appointment for the purpose of carrying out activities in schools maintained by the competent authority.


Article 35. Staff benefits [ Expired by 10-02-2006]

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Article 36. Obligation to bid for strike action

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  • 1 The competent authority is obliged to provide students who are in training for a post in primary or secondary education, to obtain the experience required as part of their training in the school.

  • 2 The obligation referred to in the first paragraph shall apply:

    • a. Students who are enrolled or otherwise study at a school for the training of teaching staff to meet the standard of competence;

    • b. In a school year at the same time not more students as referred to under a, than half the number of group teachers in that year.

  • 3 A competent authority may deny a student the further access to the school if it acts in the school in violation of the school ' s foundation and objectives. Notice of a decision to grant a denial of access to the School shall be made by means of a copy of a copy to the competent authority of the training institution concerned or of the State examination commission concerned, and to the inspection.

  • 4 The Director, under the responsibility of the competent authority, shall arrange for the work to be undertaken by the teaching staff of the students in the school in accordance with the staff, and in accordance with the conditions laid down by the training institutions concerned, or, in the case of students preparing to pass a state examination to meet the qualification requirements, in accordance with the relevant State Examination Board.

  • 5 Our Secretary of State may grant the competent authority to waive the obligation, in whole or in part, on the basis of special circumstances. The waiver applies to a school year.

  • 6 The schools to which students as referred to in the first paragraph are admitted are accessible to the inspection entrusted with supervising training institutions, for the directors and the teachers of those appointed by them. training bodies, as well as members of the State examination committees concerned, in so far as it is necessary for the exercise of supervision of practical training to be accompanied by practical training of the institutions of the Member States, as well as to the practical training of school is necessary.


Article 37. Nationwide Consultation [ Expconducted by 01-01-2014]

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Article 38. Organised consultation

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On the jurisdiction of the competent authorities Article 33 arrangements to be made and other matters of general interest for the legal status of the staff shall be consulted by or on behalf of the competent authority on the relevant professional organisations of public and public interest. education staff, in a manner agreed in writing. In any event, the written agreement provides for a procedure for resolving disputes.


Article 38a. Training and guidance agreement-inflows into the profession

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  • 1 The person holding an attestation of fitness as referred to in Article 176b, the competent authority which appoints or employs without appointment, and the administration of an institution carrying out work as referred to in Article 176g, first paragraph under (a), an agreement covering their mutual rights and obligations with regard to carrying out the training and guidance considered necessary, having regard to the assessment referred to in point (c) of Article 176c, shall be taken into account. If, after the conclusion of the agreement, it appears that training or guidance cannot be carried out in accordance with the contraa, the competent authority shall, in good time, provide adequate replacement provision.

  • 2 In the case of, or under general management, detailed rules may be laid down for the implementation of the first paragraph, including, in any case, rules to ensure the quality of the provisions of the provisions of the first paragraph.

  • 3 In so far as the person concerned carries out the work in respect of which he has provided him with a certificate of fitness from two or more competent authorities, the competent authorities shall ensure that the agreements referred to in paragraph 1 are concluded; which they are party to in respect of the party concerned. If necessary, an agreement which has already been concluded shall be amended to that end.

  • 4 The general measure of management referred to in the second and third paragraphs shall be submitted to the two Chambers of the States-General. The measure shall not enter into force after a period of four weeks has elapsed after the production has expired and shall not be required by or on behalf of one of the two Chambers to ensure that the subject governed by that measure is governed by the law. If such a proposal is made, a legislative proposal shall be submitted as soon as possible.


§ 4. Pupils

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Article 39. Admission Age; duration of education

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  • 1 To be admitted to a school as an apprentice, a child must have reached the age of 4.

  • 2 The competent authority may be for children who have not previously been to a school, a school or special education department, a special education and special education school or a special and secondary education institution permitted, set admission times at least once a month.

  • 3 In the period from the age of 3 and 10 months until the age of four, the competent authority may allow children for a maximum period of 5 days. These children are not pupils within the meaning of the law.

  • 4 Pupils who, in the opinion of the Principal of the School, have been given the basis for pursuing further secondary education to a sufficient extent, leave school at the end of the school year, provided that they do so with parents Agreement exists. In any case, pupils leave school at the end of the school year in which they have reached the age of 14.


Article 40. Admission and removal of apprentices

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  • 1 The decision on admission and expulsion of apprentices rests with the competent authority. Admission to the school does not depend on the holding of lawful residence within the meaning of Article 8 of the Aliens Act 2000 . Admission should not be made dependent on a pecunious contribution from parents.

  • 2 The notification of children for admission is made in writing and can be made from the day on which the child reaches the age of 3 years. Parents shall, if possible, submit at least 10 weeks before the date of application of the application and specify at which school or schools a request for admission.

  • 3 The competent authority assesses whether or not the notification concerns a child requiring additional support. To this end, the competent authority may request the parents to submit information on any impairment or disability of the child or restrictions in the participation of the teaching person. Additional support does not include support for the promotion of the control of the Dutch language with a view to preventing and combating educational background.

  • 4 If the admission of an apprentice requiring additional support is refused, the refusal shall not take place than after the competent authority, after consultation with the parents, and taking into account the student's support needs and the school support profiles of the schools concerned, have taken care that another school is willing to allow the learner. Other schools may also include a school of special education, special and secondary education, or a special and secondary special education institution.

  • 5 The third and fourth paragraphs shall not apply:

    • a. If no place space is available at the school where the apprentice is notified; or

    • (b) if the competent authority requests parents to declare that they will respect the basis of school education or to declare that they will be the foundation of school education, and the Parents refuse to declare this.

  • 6 The competent authority shall take the decision on admission of a pupil as soon as possible, but not later than 6 weeks from the date of receipt of the notification. If the decision, as referred to in the preceding sentence, cannot be given within six weeks, it shall inform the parents of that decision and shall specify the shortest possible period within which the decision may be taken into account, which shall be the subject of the decision of the Court of maximum duration of 4 weeks.

  • 7 If the notification concerns a child who is not enrolled in another school, a special education school, a special and special education school or a special and secondary special education institution, and the decision on admission is not yet taken 10 weeks after the date on which the request for admission has been made, the child shall be admitted as from the day following that 10 weeks, but not earlier than the date on which the child reached the age of may be admitted to the school, temporarily placed on the school and enrolled as a pupil. If the pupil is admitted, the temporary placement shall be converted into a final placement. If the student's admission is refused or a decision is taken not to deal with the notification, the temporary placement shall be terminated and the pupil shall be informed as from the day following the day of admission of the person concerned. is refused or the decision is taken not to deal with the notification.

  • 8 An apprentice shall not be admitted to a special school for primary education than after the grouping to which the special school of primary education belongs has declared the pupil admissible to the teaching of a special school for basic education in the grouping. The decision on admissibility is not a decision as intended Article 8: 4 (e) of the General Law on administrative law .

  • 9 The admission of an apprentice from an elementary school to a special school for basic education of the grouping to which primary school participates is not refused on the basis of the denomination, unless the student's parents refuse to attend declare that they will respect the foundation of school education.

  • 10 To a section as referred to in Article 85a may be authorised only those who:

    • a. A nationality other than the nationality of the Netherlands, or a nationality of that kind, and of whom at least one of the parents is active for a specified period in the Netherlands or the border area of the Netherlands; or

    • b. exclusively the Dutch nationality, having spent longer periods abroad by having at least one of the parents working abroad for a certain period of time and the pupil has been in education there for more than 2 years according to the education system in force there, or

    • (c) only Dutch nationality and whose employer's written statement shows that at least one of the parents will be employed abroad for at least 2 years for at least 2 years and the pupil will be involved in the course of move abroad.

  • 11 Before it is decided to remove it, the competent authority shall hear the group teacher concerned. The final removal of a pupil shall not take place than after the competent authority has ensured that another school is prepared to allow the apprentice. Other schools may also include a school of special education, special and secondary education, or a special and secondary special education institution.

  • 12 If the decision referred to in paragraph 1 of the competent authority of a public school has been objected to, the competent authority shall act by way of derogation from the decision of the Court of First Article 7:10 of the General Administrative Law within 4 weeks from the day following that on which the deadline for the submission of the notice of objection has expired.


Article 40a. Development perspective

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  • 1 The competent authority shall establish a development perspective after consultation has been agreed with the parents:

    • a. In the case of pupils in an elementary school, who need additional support;

    • b. For pupils of a special school for primary education.

  • 2 The development perspective shall be established as soon as possible, but no later than six weeks after the student's registration. In the case of an invitation to tender under Article 40, seventh paragraph , the development perspective shall be determined no later than six weeks after the final placement of the pupil.

  • 3 The development perspective shall be evaluated with parents at least once per school year.

  • 4 After consultation with parents of agreement, the competent authority may set up the development perspective.

  • 5 The development perspective contains a description of the guidance, intended to be used in Article 8 (4) . If the pupils referred to in paragraph 1 (a) deviate from one or more sections of the educational programme at the time of education, this shall be set out in the development perspective. Detailed rules on the content of the development perspective shall be laid down in the case of a general measure of management.


Article 40b. Information to be provided for authorisation

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  • 1 Without prejudice to rules laid down in general rules governing the entry and exit of apprentices, admission of a pupil as referred to in Article 40 shall be subject to the parental consent of the parents to the information relating to the the name of the pupil, the initials, the date of birth, the sex and the number of the pupil's personal number. If parents make it possible that they are unable to produce a person's number of the pupil, the authorisation shall be subject to the third paragraph.

  • 2 The information referred to in paragraph 1 shall be produced by a document provided by a public authority or a proof of registration provided by another school or by a school for other teaching, in which the information in question shall be provided by: are included.

  • 3 If parents decide that they are unable to present a person's number of the pupil, the competent authority shall, within two weeks of the decision to grant to our Minister, report to the Minister, the information available to the pupil intended for the use of the pupil's number of children. First member, as well as his address and address of residence and, if present, the apprenticeship administration number.

  • 4 Our Minister shall, within eight weeks of receipt of the notification referred to in paragraph 3, communicate to the competent authority the student's civil service number, or, if it has been found that he is not a civil service number of the public service. the student number of the student. The teaching number is a person-related number issued by Our Minister and assigned to the apprentice.

  • 5 The competent authority shall include the information referred to in paragraphs 1 and 4 in the school instructing records. In the case of a ministerial arrangement, the other information to be included in the apprenticeship administration may be determined.

  • 6 Where an educational number has been assigned to an apprentice and the competent authority is given the decision on its civil service, the competent authority shall act as a personal number for the civil service number in the instructing administration of the school at the place of the teaching number. The competent authority shall notify the Minister of this change within two weeks of the person's service number and the pupil's teaching number.


Article 40c. Suspension

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  • 1 The competent authority may, for a period of not more than one week, suspend an apprentice for a period of up to one week.

  • 2 The decision to suspend shall be published in writing to the parents.

  • 3 The competent authority shall notify the inspection of a suspension in writing for a period of more than one day, giving the reasons for its notification.


Article 41. Compulsory attendance of pupils in education

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  • 1 The pupils take part in all educational activities for which they are intended, provided that the teaching activities of the pupils are different.

  • 2 The competent authority may, at the request of the parents, exempt an apprentice from participating in certain teaching activities except for the central end-key or the other final tests, as referred to in Article 4 (2). Article 9b . An exemption may be granted only on grounds established by the competent authority. The competent authority shall determine, in the case of the exemption, the teaching activities for the apprentice to take the place of those exempt from it.


Article 42. Educational report and school resource

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  • 1 For each pupil leaving the school, the Director shall, after consultation with the teaching staff, propose to the receiving school or school as intended for use in the School. Law at the centres of excellence Or as intended in the Law on secondary education an educational report. Copies of this report shall be sent to the pupil's parents. Detailed rules on this report shall be given in the case of a general measure of management. The final key or other end test shall be given as a second objective in order to avoid teaching on the part of primary education.

  • 2 For each pupil in the eighth school year, the competent authority shall establish for 1 March a school-based school of training for subsequent secondary education as referred to in the following: Law on secondary education or secondary special education as specified in the Law at the centres of excellence . The school curriculum is part of the educational report. If the apprentice is shown by the result of the main end test or other terminal test, Article 9b , having more knowledge and skills than that on which the school office is based, the competent authority is reconsidering the school resource. Any deviation from the result of the final key or any other final test shall be justified.

  • 3 The general measure of management referred to in paragraph 1 shall be submitted to the two Chambers of the States-General. The measure shall not enter into force after a period of four weeks has elapsed after the production has expired and shall not, during that period, be notified by or on behalf of either of the two Chambers that the subject under that measure is subject to the law arranged. If such a proposal is made, a legislative proposal shall be submitted as soon as possible.


Article 42a [ Exchanges by date 01-08-1998]

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Article 43. Temporary Dispute disputes committee admission and removal

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  • 3 The commission shall, at the request of the parents, make a judgment of the competent authority within 10 weeks, taking into account the school support profile and the support plan.

  • 4 If a dispute has been brought before the commission and the parents have objected to the decision on admission or removal, the competent authority shall not take the decision after the decision has been taken after the committee has held its decision. The time limit for the decision to be taken shall be suspended as from the day on which the dispute was brought before the commission until the day on which the judgment was delivered by the Commission.

  • 5 In the case of general management measures, rules shall be laid down in respect of the committee, including in each case the number of members, the manner of appointment and dismissal and the expertise of the members of the committee.


§ 5. Parents

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Article 44. Support for parents

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The competent authority shall provide the parents of the pupils with the opportunity to provide support to the School and to the teaching of the School. The parents are obliged to follow the instructions of the Director and other teaching staff, who remain responsible for the process.


Article 45. Intermediate reception and organisation of out-of-school accommodation

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  • 1 The competent authority shall arrange for a provision for pupils to carry out the afternoon break under supervision, if parents request it. Where the provision referred to in the first sentence is to be established, the competent authority shall ensure that:

    • a. a remnant approach is established;

    • b. Consulate on the remnant approach comes with those charged with the supervision of the pupils, and with the parents,

    • c. The remaining place is in a safe and child-friendly space; and

    • With effect from 1 August 2011 at least half of those responsible for the supervision of pupils have undergone training in the area of the remaining pupils.

    The costs arising from this shall be borne by the parents, guardians or carers. If the pupils of the provision, intended in the first sentence, use it, the competent authority shall ensure that the person entrusted with the supervision of the pupils is insured for civil liability. The competent authority of a special school shall be relieved, for the duration of a school year, from the obligation to obtain insurance if:

    • (a) that obligation does not, in its judgment, be carried out by any religious or philosophical convictions underlying the school; and

    • (b) the competent authority of its opinion has communicated to the parents.

    The competent authority shall notify the inspector in good time of the waiver of the obligation referred to in the preceding sentence.

  • 1a The person responsible for supervising the apprentices, as referred to in paragraph 1, is in possession of a certificate of conduct issued in accordance with the conditions laid down in the Annex. Law and punitive data law . The declaration, referred to in the first sentence, shall be submitted to the competent authority and shall not exceed two months at the time of presentation of it.

  • 2 The competent authority of an elementary school carries on for days agreed days, care of the organisation of childcare services within the meaning of the Law childcare and quality standard playrooms , for apprentices, on weekdays non-school days, non-recognised public holidays and at school days during the first and after periods, between 07:30 and 18:30, if one or more parents request this. The costs incurred by the reception referred to in the first sentence shall be borne by the parents.

  • 3 If one or more parents make use of other childcare services within the meaning of the Law childcare and quality standard playrooms For that purpose, the competent authority of an elementary school shall, at the request of such other childcare, provide the practical information necessary for the reception of children by that childcare.


Article 45a. Inform parents at very weak school

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  • 1 If the inspection on the basis of an investigation as referred to in Article 11 or Article 15 of the Law on Education Supervision , in the inspection report referred to in Article 20 of the said Act In the light of a very weak school, the competent authority informs the parents of the pupils of the school, by means of at least the transmission of the summary of the school's activities. inspection report which summary has been made available to the competent authority at the same time as the inspection report. The notification shall be forwarded in the first sentence of sentence within four weeks of the adoption of the inspection report.

  • 2 If the competent authority does not comply or does not comply in a timely basis with the obligation referred to in paragraph 1, the Minister shall send the summary of the inspection report referred to in paragraph 1 above in the fifth week following the adoption of the inspection report; the parents of the students.


Section 2. Other rules for public education

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Article 46. Public education character

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  • 1 Public education contributes to the development of pupils with a view to the religious, philosophical and social values of life in the Dutch society, and with the recognition of the importance of the Diversity of these values.

  • 2 Public schools are accessible to all children without distinction of religion or life.

  • 3 Public education is given with respect for everyone's religion or life's view.


Article 47. Maintenance of public school by a public legal person

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  • 1 A municipal council may, by means of a regulation, establish a public legal person whose objective is to maintain one or more public schools in the commune, whether or not accompanied by public schools as referred to in the Regulation. Law at the centres of excellence or public schools as referred to in the Law on secondary education . A public legal person may also be set up by establishing more than one municipality for the purpose of maintaining public schools in those municipalities by establishing a matter for the purposes of the subject matter referred to in the fourth paragraph, a regulation on the same basis, in which case the public legal person shall not be established until after all the regulations to that effect have been brought into effect.

  • 2 The municipal council or municipal councils shall make known their intention of decision as referred to in the first paragraph.

  • 3 The public legal person shall exercise all the functions and powers of the competent authority. He has legal personality.

  • 4 The Regulation provided for in paragraph 1 shall, in any event, provide for a system of:

    • (a) the composition, operation and establishment of the management of the public legal person;

    • (b) the means of appointment, reappointment, suspension and dismissal of the members of the board, it being understood that the members of the board are appointed by the municipal or local authority and that at least a third part, but not a majority, of the members of the administration of the board of directors is appointed by the Council. members shall be appointed on a binding proposal from the parents of the pupils enrolled in the school or schools concerned,

    • (c) the period for which the board members are to be appointed,

    • d. the adoption of the budget after approval by the relevant municipal council or municipal councils and the establishment of the financial statements following the agreement of the relevant municipal council or municipal councils;

    • e. the way in which the municipal council or municipal councils exercise supervision over the administration;

    • f. the grounds on which the Steering Board may decide to hold the meetings; and

    • (g) the period for which a public legal person is established, subject to a period of at least five years,

    except that in the scheme a dominant influence of the administration is ensured in the management. The approval referred to in part d may be withheld for breach of law or in the public interest, including the financial interest of the municipality.

  • 5 The Board of Directors shall report annually to the local council or local councils on the work, taking into account in any event the wealth features of public education. The report shall be made public.

  • 6 The meetings of the management of the public legal person shall be public, unless the Steering Board decides otherwise, on grounds, as set out in the Regulation.

  • 7 If, before 1 February of the year for which the budget is in force, the budget has not been approved, the municipal or local council shall take the measures they consider necessary to ensure the continuity of the educational process.

  • 8 The municipal council or municipal councils are, in the event of serious job neglect, by the administration or functioning in violation of the law, to provide for themselves in the management of schools and, if necessary, to dissolve the public legal person.

  • 9 If the school has a supervisory board, the fourth paragraph shall not apply and the Regulation referred to in paragraph 1 shall not apply without prejudice to the provisions of the Article 17c , in any case, in a system of:

    • (a) the composition, operation and establishment of the supervisory board of the public legal person;

    • (b) the means of appointment, reappointment, suspension and dismissal of the members of the Supervisory Board, except that the members of the Supervisory Board are appointed by the municipal or local council and that at least one third of the members of the Supervisory Board are appointed; no majority of those members are appointed on a binding nomination of the parents of the pupils who are enrolled in the school or schools concerned,

    • (c) the period for which the members of the Supervisory Board are appointed,

    • d. the adoption of the budget and the annual accounts; and

    • e. the period for which the public legal person is established, except that this period shall be at least 5 years, except that the system shall have a dominant influence on the Supervisory Board. insured. The fifth, sixth and eighth paragraphs shall apply mutatis mutandis.


Article 48. Preservation of public school by a foundation

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  • 1 A municipal council may decide that one or more public schools in the commune are maintained by a foundation that aims to preserve one or more public schools, whether or not accompanied by public schools as a whole. Intended in the Law at the centres of excellence or public schools as referred to in the Law on secondary education .

  • 2 The Municipal Council shall make known its intention of decision as referred to in the first paragraph.

  • 3 A foundation which maintains a public school shall be established by one or more municipalities, whether or not together with one or more legal persons governed by private law with full jurisdiction.

  • 4 The statutory purpose of the foundation is solely to provide public education in accordance with Article 46 .

  • 5 The Foundation shall exercise all the functions and powers of the competent authority.

  • 6 Without prejudice to paragraph 4, the statutes shall, in any case, provide for a system of:

    • (a) the composition, operation and establishment of the board of the Foundation;

    • (b) the means of appointment, reappointment, suspension and dismissal of the members of the board, it being understood that the members of the board are appointed by the municipal or local authority and that at least a third part, but not a majority, of the members of the administration of the board of directors is appointed by the Council. members shall be appointed on a binding proposal from the parents of the pupils enrolled in the school or schools concerned,

    • (c) the period for which the board members are to be appointed,

    • d. the adoption of the budget after approval by the relevant municipal council or municipal councils and the establishment of the financial statements following the agreement of the relevant municipal council or municipal councils;

    • e. the way in which the municipal council or municipal councils exercise supervision over the administration;

    • f. the grounds on which the Steering Board may decide to hold the meetings,

    • g. the period for which the foundation is to be set up, on the understanding that this period shall be at least 5 years; and

    • h. the power to dissolve the foundation, except that the system ensures that the government has a dominant influence in the Board.

    The approval referred to in part d may be withheld for breach of law or in the public interest, including the financial interest of the municipality.

  • 7 The Statute of the Foundation may be amended only after the agreement of the relevant municipal council or municipal councils.

  • 8 The Board of Directors shall report annually to the local council or local councils on the work, taking into account in any event the wealth features of public education. The report shall be made public.

  • 9 The meetings of the Board of the Foundation shall be public, unless the Board decides otherwise, on grounds, as set out in the Statute.

  • 10 If, before 1 February of the year for which the budget is in force, the budget has not been approved, the municipal or local council shall take the measures they consider necessary to ensure continuity of the educational process.

  • 11 The municipal council or municipal councils are, in the event of serious job neglect, by the administration or functioning in violation of the law, to provide for themselves in the management of the schools and, if necessary, to dissolve the foundation.

  • 12 If the school has a supervisory board, the sixth member shall not apply and the statutes shall, without prejudice to: Article 17c , in any case, in a system of:

    • (a) the composition, operation and establishment of the Supervisory Board of the Foundation;

    • (b) the means of appointment, reappointment, suspension and dismissal of the members of the Supervisory Board, except that the members of the Supervisory Board are appointed by the municipal or local council and that at least one third of the members of the Supervisory Board are appointed; no majority of those members are appointed on a binding nomination of the parents of the pupils who are enrolled in the school or schools concerned,

    • (c) the period for which the members of the Supervisory Board are appointed,

    • d. the adoption of the budget and the annual accounts; and

    • e. the period for which the foundation is to be set up, provided that this period is not less than 5 years;

    • h. the power to dissolve the foundation, it being understood that the system ensures that the supervisory board has a dominant influence on the supervisory board. The eighth, ninth and 11th members shall apply mutatis mutandis.


Article 49. Administrative transfer of public schools

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  • 1 The legal person who maintains a public school may delegate the maintenance of that school to another legal person responsible for the maintenance of a public school. The transfer shall be made by a notarial deed.

  • 2 In this Act, the transferring legal person shall also undertake to transfer rights in respect of buildings and land as well as to movable property. This Act shall also apply in the same way as Act of delivery as referred to in Article 89 of Book 3 of the Civil Code .

  • 3 The Act provides that the legal person being transferred to the School shall appoint the staff in equal relations and under the same conditions as laid down in the instrument of appointment, as from the date of transfer.

  • 4 By taking account of the preceding paragraphs, the conferred legal person shall, in all the rights and obligations arising from the law which his legal predecessor holds in its capacity as competent authority, without prejudice to any further action taken by the where the transition to civil law is required.


Article 50. Possibility of religious education or life-related education

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The competent authority shall give pupils the opportunity to receive school, religious or philosophical education at school, at school, at school. Of the time to be spent, no more than 120 hours per school year shall be taken into account for the number of hours of education the pupils are Article 8, seventh paragraph, introductory wording and point (b) At least have to be received. For those pupils who do not attend this teaching, it provides for the authority to take part in other educational activities at the school.


Article 51. Teachers of religious education or life-learning education

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Religious education is taught by teachers appointed for this purpose by church communes, local churches, or legal persons with full jurisdiction, according to their statutes, to the provision of religious education. Lifelong learning education is provided by teachers appointed for the purpose of full jurisdiction to be appointed by organisations on a basis of spiritual basis.

The competent authority shall ensure that such education is given only by a teacher who, according to a statement by the designating authority, is responsible for that purpose:

  • a. satisfies the competence requirements laid down in Article 32a, first paragraph, for the provision of that education; and

  • b. maintains its competence.


Article 51a [ Expired-01-08-1998]

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Article 52. Disciplinary measure, suspension and dismissal by the Member States

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By way of derogation from Article 33, third paragraph , if the Member States of the relevant province are empowered to impose the disciplinary penalty or the suspension, or to resign, if it is a director, a deputy director, or any other member of the teaching authority, public school staff and is also a member of the council of the municipality which maintains the school.


Article 52a [ Exchanges by date 01-08-1998]

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Article 52b (Expired by 01-08-1998)

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Article 53. Act of appointment

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  • 1 Each member of staff shall be in possession of an instrument of appointment signed by the competent authority. The instrument of appointment shall, in any event, contain:

    • (a) the name and address of the competent authority;

    • b. the name, the names and the date of birth of the person concerned;

    • (c) the date from which the appointment was made;

    • d. the function in which the person concerned is appointed;

    • e. the size of the relationship;

    • f. the provision or appointment is made in fixed or temporary service and, in the latter case, the grounds for the timeliness and duration of the appointment;

    • g. the scale applicable on the day of his appointment and the salary number;

    • (h) the provision that the person concerned will be employed by the general authority of the competent authority; and

    • (i) for staff members who, in the performance of their duties, take note of personal data of apprentices, regulations concerning the confidentiality of apprentices, in so far as confidentiality is not covered by any obligation of professional secrecy.

  • 2 The competent authority shall ensure that copies of the supporting documents proving the competence, the certificates of fitness, the statements concerning the conduct of the school and the instruments of appointment of the person to which the school is to be appointed personnel are kept.

  • 3 The first paragraph, introductory wording and point (i) and the second paragraph shall apply mutatis mutandis to personnel employed without appointment.


Article 54. Hear Director on Staff of Staff [ Verfalls per 01-01-2014]

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Section 3. Other conditions for financing from the public glasshouses of special education

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Article 55. Maintenance of special school by legal person

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A special school shall be maintained by a legal person with full jurisdiction which, according to the statutes or regulations, aims to provide education without seeking to make a profit.


Article 56. Administrative transfer

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  • 1 The legal person who maintains the school can transfer the school ' s maintenance to another legal entity that meets the requirements of Article 55 . The transfer shall be made by a notarial deed.

  • 2 In this Act, the transferring legal person shall also undertake to transfer rights in respect of buildings and land as well as to movable property. This Act shall also apply in the same way as Act of delivery intended in Article 89 of Book 3 of the Civil Code .

  • 3 The Act provides that the legal person being transferred shall appoint the staff in equal relations and under the same conditions as laid down in the instrument of appointment, with effect from the date of transfer.

  • 4 By taking account of the preceding paragraphs, the acquiring legal person shall, in all the rights and obligations of its legal predecessor arising from the law, shall act in respect of the School, without prejudice to any further action taken in respect of the School. the transition to civil law is required.

  • 5 In case of a split referred to in Article 334a of Book 2 of the Civil Code in the case of a legal person who maintains a school, the splitting deed shall stipulate that the existing splitting legal person will maintain the school or the acquiring legal person which is the recipient of the school's maintenance. In the latter case, the second to fourth paragraphs shall apply mutatis mutandis.


Article 57. Religious education or life-related education

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Without prejudice Article 9 the teaching activities may include religious education or life-related education. Of the time to be spent, no more than 120 hours per school year shall be taken into account for the number of hours of education the pupils are Article 8, seventh paragraph, introductory wording and point (b) At least have to be received. The teaching of religious education or life-to-life education can be entrusted to a teacher not associated with the school.


Article 58. No refusal of acceptance on grounds of religious affiliation or life consideration

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  • 1 If within a reasonable distance of the student's dwelling there is no opportunity to follow public education, admission to the School may not be refused on grounds of religious affiliation or life-taking. The foregoing shall not apply where the school is intended exclusively for internal pupils.

  • 2 Pupils admitted under the first paragraph may not be required to pursue religious education or life-related education.


Article 59. Instrument of appointment

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  • 1 The instrument of appointment shall contain at least the provisions of equal content as laid down in the general measure of management referred to in Article 33, second paragraph (a) and (b) In so far as they do not give direct claim to the Empire.

  • 2 Each member of staff shall be in possession of an instrument of appointment, signed by the competent authority and himself. The instrument of appointment shall, in any event, contain:

    • (a) the name and address of the competent authority;

    • b. the name, the names and the date of birth of the person concerned;

    • (c) the date from which the appointment was made;

    • d. the function in which the person concerned is appointed;

    • e. the size of the relationship;

    • f. the determination of whether the appointment is made in permanent or temporary service and, in the latter case, the grounds for the timeliness and duration of the appointment;

    • g. the scale applicable on the day of his appointment and the salary number;

    • (h) the provision that the person concerned will be employed by the general authority of the competent authority; and

    • (i) for staff members who, in the performance of their duties, take note of personal data of apprentices, regulations concerning the confidentiality of apprentices, in so far as confidentiality is not covered by any obligation of professional secrecy.

  • 3 The instrument of appointment shall contain provisions on grounds for suspension, dismissal and disciplinary action.

  • 4 The competent authority shall ensure that copies of the supporting documents proving the competence, the certificates of fitness, the statements of conduct and the acts of appointment of the person to which the school is to be appointed shall be subject to the following conditions: personnel are kept.

  • 5 The second paragraph, introductory wording and point (i) and the fourth paragraph shall apply mutatis mutandis to personnel employed without appointment.


Article 60. Duty of staff [ Verfalls per 01-07-2015]

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Article 61. Period of appeal [ Expaed by 01-07-2015]

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Article 62. Commission of Appeal Staff [ Expaed by 01-07-2015]

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Article 63. Special education decisions on admission and removal and objection procedure

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  • 1 Where the competent authority of a special school on the basis of Article 36, third paragraph , if a student refuses access, it shall state that decision, in writing and with the reasons for it, also by means of transmission or distribution to the student, without prejudice to the provisions of that article.

  • (2) Where the competent authority of a special school on the basis of Article 40 refuse to admit a pupil or remove an apprentice, it shall inform the decision, in writing and on the grounds of the decision, including by means of transmission or distribution to the parents. The content of the first sentence of the first sentence of the third paragraph shall also be given. Before the competent authority of a special school on the basis of that article decides to remove an apprentice, it shall be the parents of the pupil, without prejudice to the provisions of that article. The competent authority shall take the decision, as set out in the first sentence, as soon as possible.

  • 3 Within six weeks of the notification referred to in paragraph 2, parents may, in writing, make known their objections to the decision by the competent authority. The competent authority shall decide within four weeks of receipt of objections. Before the decision is taken, the competent authority shall hear the parents.

  • 4 The competent authority of a special school may decide not to deal with a notification for admission where the information and documents supplied are insufficient for the assessment of the notification or for the preparation of the notification. 'admission decision', provided that parents have had the opportunity to supplement the notification within a time limit set by the competent authority. A decision not to be notified to the notification shall be made public to parents within four weeks of the application of the notification or after the expiry of the period prescribed for that notification. The time limit for taking the decision to admit shall be suspended from the day on which the competent authority, pursuant to the first sentence, invites parents to supplement the notification until the date on which the notification is completed or before the notification is completed. Period of unused period has expired.


Article 63a [ Expired-01-08-1998]

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Article 63b [ Expired-to-01-08-1998]

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Article 63c [ Expired-08-08-1998]

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Article 63d [ Expired-08-08-1998]

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Article 63e [ Exchanges by date 01-08-1998]

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Article 63f [ Expired by 01-08-1998]

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Title III. Other provisions relating to the education of education financed from public funds

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Section 1. Fusion key

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Article 64. Conceptual provisions

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  • 1 In this section, the following definitions shall apply:

    • a. Fusion: an administrative or institutional merger,

    • b. Institutional merger: a merger in which a school is formed by merging two or more schools;

    • c. administrative merger: a merger in which one or more legal persons are in control of the maintenance of a school, a school as defined in the Law at the centres of excellence or the Law on secondary education the transfer.


Article 64a. Permit-like mergers and mandatory merger impact assessment

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  • 1 Mergers are not brought about after that has been approved by our Minister.

  • 2 The approval referred to in the first paragraph shall not be required for:

    • a. an institutional merger in which the total number of pupils of the schools concerned is less than 500; or

    • b. an administrative merger, with the exception of the administrative merger referred to in Article 17 , where the number of schools involved is less than 10.

  • 3 The legal person or legal persons concerned shall draw up a merger impact assessment for any institutional or administrative merger.


Article 64b. Application and merger impact assessment

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  • 2 The merger impact assessment shall include at least a representation of:

    • a. the motives for the merger,

    • b. The alternatives to the merger,

    • c. the timeframe within which the merger will be realized,

    • d. the targets to be achieved,

    • e. the effects of the merger on freedom of choice, in particular the effects of the merger on the distribution and size of the legal persons and schools in the food sector and the educational and administrative diversity of the teaching offer in the food area,

    • f. the costs and benefits of the merger,

    • g. the consequences of the merger for the staff and pupils, including the consequences for the facilities,

    • h. the manner in which the merger is communicated,

    • i. the manner in which the merger is evaluated; and

    • j. an opinion of the mayor and aldermen of the municipalities concerned about the desirability of the proposed merger.

  • A model form for the merger impact assessment shall be established by ministerial arrangement.


Article 64c. Key

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  • 1 Our Minister may withhold approval if, as a result of the merger, the actual variation of teaching offer, both in terms of direction and pedagogic didactic approach within the feeding area of the schools to be merged or Legal persons shall be impeded in a significant manner.

  • 2 Our Secretary of State only gives approval to an administrative merger as intended Article 17 If, as a result, the continuity of public or special education can be maintained and the administrative merger does not prevent one or more of the schools concerned by the application of the Articles 151 to 161 will be abolished or no longer eligible for funding. The competent authority of the school concerned shall demonstrate that, on the basis of a forecast of the trend in the number of pupils showing that this school is likely to be lifted or not to be paid for within a period of six years.

  • 3 Our Minister shall be advised by an independent advisory committee on the approval referred to in paragraphs 1 and 2, except where there is no need to do so. A ministerial arrangement shall be determined where there is no need for the need for the first sentence.

  • 4 Our Minister shall lay down policy rules on the exercise of competence referred to in the first paragraph.


Rule 64d. Period of review and renewal

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  • 1 Our Minister decides within 13 weeks on an application as intended Article 64b .

  • 2 The period referred to in paragraph 1 shall be extended by a maximum of 13 weeks. Notification of this extension shall be communicated to the applicant within the period of the 13 weeks referred to in paragraph 1.


Section 2. Other provisions

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Article 65. School districts

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  • 1 The municipal council is empowered to distribute in school districts only in the interests of an efficient distribution of pupils among the public schools.

  • 2 A decision as referred to in paragraph 1 shall apply for at least three years of school, with the proviso that interim changes may be made in the case of changes in the stock of schools. Mayor and aldermen shall send copies thereof to Member States within 4 weeks after the decision has been taken.

  • 3 The admission to a public school is made in accordance with established school districts, unless the parents of a pupil give written notice to the competent authority to wish for admission to a school in another school district.


Article 66. Consultative body b.o. -s.o.

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Representatives of primary education and special education may set up a consultative body for the schools and institutions they represent, with the aim of promoting cooperation between those schools and institutions. on admission of pupils and the establishment of education.


Article 67. Consultative body b.o. -subsequent v.o.

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With regard to primary education and secondary secondary education, Article 66 applicable mutatis mutandis.


Article 68. Central Service

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  • 1 To the staff of a legal person with full jurisdiction

    • a. controlled solely by a competent authority or not with one or more other competent authority bodies as referred to in this Act, the Law at the centres of excellence or the Law on secondary education ,

    • (b) The statutes or the common rules referred to in the Common Arrangements Law The aim is to provide for the sole purpose of carrying out activities in favour of schools and other educational establishments financed by the State in order to ensure the proper conduct of education, with the exception of school leading, the provision of education and the provision of work in the field of school counselling,

    • c. does not seek to make a profit,

    • d. is financed by contributions from the competent authority bodies for which services are provided; and

    • e. Our Minister has informed us that he wants to be a legal person for the purposes of this Article,

    apply the Article 33 Rules and regulations.

  • 2 The following shall be understood as the mayor and aldermen, under the authority and competent authorities of the first paragraph.

  • 3 [ Red: Expated.]

  • 4 The competent authorities referred to in paragraph 1 shall inform our Minister that they constitute the administration of a legal person within the meaning of this Article. In addition, they shall provide our Minister and the persons appointed by him with all information concerning the legal person and its activities. The competent authority referred to in paragraph 1 shall be able to inform our Minister that the requested information must be sent directly by the board of the legal person himself to our Minister and to the persons appointed by him. shall be provided.

  • 5 Mayor and aldermen and the competent authority, which is part of the management of the legal person, shall be obliged to monitor compliance with the rules laid down in the preceding paragraphs.

  • 6 Article 38 shall apply by analogy with regard to the staff of the legal person.


Title IV. Funding

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Section 1. General

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Article 69. Funding basis

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  • 1 The public and the special schools shall be financed by the State in accordance with the provisions of this Title with the exception of Section 3. No funding shall be granted where groups of pupils from different schools receive joint education, whether or not of the same competent authority. The amounts granted by the municipality in addition to the costs of bicycles pursuant to this Act shall be borne by the municipality.

  • 2 In the case of a general measure of management, detailed rules for the implementation of the first paragraph shall be laid down. This general measure of management shall, in any event, contain a system of time limits within which decisions are to be taken.

  • 3 The general measure of management referred to in paragraph 2 shall also include:

    • (a) a system of payment of the amounts of the expenditure relating to the material provisions for conservation resulting from the use by a school of provisions relating to more than one school or for other purposes; are intended for use;

    • (b) a financial arrangement between the State and the competent authority institutions which employ staff not financed by the State in respect of a reduction in the expenditure to offset the costs of the staff in force for that staff Legal status, in so far as it is borne by the State's treasury.

  • 4 The general measure of management referred to in paragraph 2 shall be submitted to the Second Chamber of the States-General. The measure shall not enter into force after the expiry of 4 weeks after its presentation and shall not, during that period, be notified by or on behalf of the Chamber that the subject governed by that measure is governed by the law. If such a draft law is to take effect, it shall be submitted as soon as possible.


Article 70. Additional resources

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Under the conditions to be laid down, our Minister may provide additional resources which are not intended to finance the education provided for in this Law, and to provide school guidance for that purpose, but which should, directly or indirectly, serve as a basis for the provision of education. for the implementation of education or for increasing the possibility of participating in education. In so far as application of the first sentence is concerned, the granting of a subsidy shall be Articles 4 to 19 of the other OCW subsidies Act applicable.


Article 70a. Apprenticeship-related budget [ Expired by 01-08-2014]

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Article 70b. Indication in place at the request of competent authority [ Expelling per 01-08-2014]

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Article 71. Occupation [ Expired per 01-01-2013]

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Article 72. Maintenance of public schools by a foundation or a public legal person

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  • 1 For the purpose of this Title, the rules relating to special schools shall apply mutatis mutandis in public schools maintained by a foundation as referred to in Article 13. Article 48 or a public legal person as referred to in Article 47 Unless the opposite is true.

  • 2 If a public school is maintained by a foundation or a public legal person, it shall be regarded as a public school established by the municipality for the purposes of Section 2 and Section 9.


Article 72a. Derogation from the regular funding

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  • 1 Our Minister may, upon application by a competent authority, decide that, with a view to development by schools of instruments for planning and management, the Articles 123, second and third members , 129 , 148 and 149 does not apply to the funding of the schools of that competent authority. A maximum of 25 competent authorities shall be eligible for such a decision. Our Minister may fix a time for which applications are to be submitted.

  • 2 Our Secretary of State shall determine by his decision what arrangements and conditions for the payment of expenditure will be made in lieu of the provisions of or pursuant to the articles mentioned in paragraph 1, as well as the manner in which they are paid. Our Minister may attach to the Decision any rules on the taking of account and accountability of financial management and, if necessary, by way of derogation from the provisions of Article 182, second sentence -on the establishment of the accounts.

  • 3 Our Minister shall, after consultation with the applicant, prepare a draft of the decision and send this design to the applicant. If the applicant has not withdrawn his application within two weeks of the dispatch of the draft of the decision by Our Minister, Our Minister shall decide in accordance with the draft.

  • 4 To the extent necessary, after consultation with the municipality or municipalities to which it is concerned, Our Minister shall take a decision on the application of the transfer system provided for in the Articles 142 to 147 , by the municipality or municipalities where one or more of the schools covered by a decision as referred to in paragraph 1 of this Article are established. Our Minister may derogate from the provisions of the provisions of Articles 142 to 147 .

  • 5 The decision referred to in paragraph 1 shall be valid for a maximum period of four years.

  • 6 If, before the end of the term of validity of the decision, a proposal of law establishing lumpsum costs for the staff and running costs of schools as referred to in this Act is submitted to the States General, the Minister may amend the decision referred to in paragraph 1 after consultation of the competent authority and extend by way of derogation from the fifth paragraph that a good transition to the aid system shall be guaranteed at the time of the period the end of which the decision relates.


Section 2. Commencement Of Funding

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§ 1. Primary schools

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Article 73. Conceptual determination

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For the purposes of this paragraph, the term 'school' shall mean primary school.


Article 74. Plan of new schools

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  • 1 The financing of a public and a special school may take place only if it occurs at a plan of new schools established for the commune of establishment. The financing of a secondary establishment shall only commence on the basis of Article 85 . Article 74, second paragraph, up to and including 83 shall not apply to ancillary establishments in the case of conversion of a special school into a given public school or vice versa when a special school is converted into a given special school of another person. In addition, in the event of an extension of education to a school of one or more other directions, and in the establishment of a school of cooperation. The funding can only take place on 1 August of a school year.

  • 2 The municipal council shall determine the plan, referred to in paragraph 1, first sentence, whether or not in cooperation with the council of one or more other municipalities, by 1 August each year. The plan shall cover three consecutive years of school following the year of its adoption and shall, in any event, indicate which schools are eligible for funding at the start of the first school year of the planning period, and the reason why the plan is to be taken into account. other schools do not qualify for this. The plan mentions further from each school the place of establishment and the size to be expected. The plan needs the approval of Our Minister, intended to Article 79 .


Article 75. Public school placement on plan

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  • 1 A proposal by mayor and aldermen to the local council that includes the entry in the plan of one or more public schools shall be accompanied by:

    • a. A forecast of the number of pupils to be expected,

    • b. the description of the feeding area;

    • c. the designation of the place in the municipality where the education is to be given and

    • (d) the proposed date from which the funding was to be granted.

  • 2 Mayor and aldermen shall, in any case, submit a proposal if at least 50 different parents of children up to the age of 12 before 1 August of the year preceding the year of adoption of the plan in writing. have stated that there is a need for the monitoring of public education and that there is no or insufficient provision in that need.

  • 3 A public legal person as referred to in Article 47 , or a foundation as referred to in Article 17 or 48 , before 1 February of the year of adoption of the plan, may submit to the local council a request for inclusion in the plan of one or more public schools. The request shall specify the name and address of the competent authority and shall be accompanied by the information given in paragraph 1. If the information supplied by the competent authority is not sufficient to assess the request, the mayor and aldermen shall, before 1 March following the date referred to in the first sentence of this paragraph, notify the competent authority that the information is not sufficient to enable the competent authority to decide whether or not to use the information in question. to be supplemented by the following for 1 April. If the completed data has not been provided before 1 April, the request shall be left out of consideration.

  • 4 The City Council shall assume a public school in the plan, if within 10 kilometres of the place in the municipality where education is to be given over the road measured no school is present within which public education is given and the follow up of public education needs. The municipal council shall also adopt a public school in the plan if, on the basis of the information provided in the proposal or on request, it is likely that it complies with the standards of Article 77, first paragraph .

  • 5 The forecast referred to in the first paragraph shall:

    • a. gives an insight into the expected number of pupils for each year of the period covered by the forecast;

    • b. is based on statistical data over a period of 5 years, and

    • c. indicates the calculations that led to the results.

    The forecast shall contain details of:

    • 1 °. the feeding area,

    • 2 °. the place in the municipality where education is to be given,

    • 3 °. the population in the food range from 0 to 14 years divided into age groups of 1 year,

    • 4 °. the expected inflow to and outflow from that population,

    • 5 °. the number of live births to be expected and

    • 6 °. in the case of public education which is not yet subject to primary education within the commune: the percentage of interest for basic public education in a comparable municipality; or

    • 7 °. in the case of public education, for which there is already a school within the commune: the interest rate for the public school or schools within the commune.

    The forecast can also contain data from direct measurement.

  • 6 Models for the provision of the forecast referred to in the first paragraph shall be established by ministerial arrangement. The manner in which the forecast is submitted shall be indicated.


Article 76. Request for inclusion in the plan of a special school

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  • 1 A request for inclusion in the plan of a special school should be submitted to the Municipal Council before 1 February of the year of the plan.

  • 2 The request mentions the direction of the school and the name and address of the competent authority and is accompanied by the data mentioned in Article 75, first paragraph (ii) in conjunction with Article 75 (5), except that by way of derogation from Article 75 (1) in conjunction with Article 75 (5) (c) (c), points (6) and (7), the forecast data shall include:

    • a. In the case of a direction for which primary education is not yet given within the municipality: the interest rate for primary education of that direction in a comparable municipality; or

    • b. In the case of a school of a direction for which there is already a school within the municipality: the interest rate for the school or schools in that direction within the municipality.

    If the information supplied by the competent authority is not sufficient to enable it to be assessed, the mayor and aldermen shall, before 1 March following the date referred to in paragraph 1, notify the competent authority that the data for 1 April of this year shall be communicated to the competent authority. the following should be supplemented. If the additional information is not provided before 1 April, the request shall be left out of consideration.


Article 77. Plan to include special school

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  • 1 The City Council shall, in any event, take up a special school in the plan if, on the basis of the information supplied in the request, it is likely that it will be paid within 5 years from the date of entry into service and, in addition, for 15 years from the date of entry into service of the period of 5 years will be visited by at least the number of pupils corresponding to the founding norm for the municipality.

  • 2 By ministerial arrangement, for each municipality, a setting standard shall be set which shall be 10 to 6 of the charging standard applicable to the municipality on the basis of: Article 154 . The result is rounded, with the decimals being neglected if the first digit behind the decimal point is less than 5 and the decimal places are neglected and the number increased by 1 if the first decimal digit is equal to or less than the first decimal point. is greater than 5. The setting standard shall be at least 200.

  • 3 The basic standards referred to in paragraph 2 are listed for the first time by way of derogation from the second paragraph, first sentence, in the Annex annexed to this Act. These standards shall be in force until 31 July 1998. These standards shall be simultaneously adapted for a period of five years from 1 August 1998, with the adjustment of the charging standards on the basis of Article 153 in the case of ministerial regulations. The ministerial arrangement, referred to in the third sentence, shall be published in the Official Gazette, before 1 November of the year preceding the last year in which the founding rules are in force.

  • 4 In the case of a change of municipal format or a border correction as referred to in Article 283 of the Municipal Act The Minister, acting in accordance with the rules laid down in paragraph 2, shall lay down new standards for the municipalities concerned to the extent that they deviate from the founding standards laid down by the second and third paragraphs. The new founding standards shall replace the founding standards laid down pursuant to paragraphs 2 and 3 and shall enter into force from 1 January following the date of reclassification, as set out in the Annex. Article 1 (f) of the General Rules Act reclassification Until 31 December, following the date of reclassification, schools in the municipalities involved in the change of the municipal division or the border correction will continue to apply the founding standards applicable on the day preceding the date of reclassification. to the date of the reformat.

  • 5 In the case of a change in the name of a municipality or a change in the class number, our Minister shall adjust the ministerial arrangement referred to in the second paragraph, or the Annex referred to in the third paragraph, accordingly.


Article 78. Calculation number of pupils

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When calculating the number of pupils who will attend a public school or a special school, students who live within a reasonable distance from a public school are not included in a special school of the the direction or directions in question and for whom there is space in that school.


Article 79. Approval plan by Minister

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  • 1 The plan shall contain an overview of the requests that have not been granted and the reasons for such requests. The plan shall indicate how Article 78 has been applied in respect of schools placed on the plan. These documents shall be sent to all applicants within a period of two weeks after the date of adoption of the plan, indicating the date on which the plan was sent to our Minister for approval. The plan will be made available for inspection at the town hall for six weeks.

  • 2 Within 2 weeks of the adoption, the plan is sent to Our Minister for approval. It shall be accompanied by the requested requests and the documents referred to in paragraph 1. If the information attached to the request is insufficient to enable it to be assessed, our minister shall inform the mayor and aldermen of the data for 15 September of 15 September following the date referred to in the first sentence of that sentence. the following should be supplemented. If the additional information is not provided before 15 October, the request shall be left out of consideration.

  • 3 Our Minister decides before 1 January prior to the planning period. A copy of the decision shall be sent to the local council within two weeks. If our Secretary of State has not decided before 1 January, the plan shall be deemed to have been approved.

  • 4 Our Secretary of State shall abstain in so far as:

    • a. the Article 75, fourth paragraph, first sentence , defined situation occurs and no public school was included in the plan;

    • b.

      • 1. on the basis of the information submitted in application of the request for approval, it is not likely that a school should Articles 77 and 78 will be visited by the following Article 77 required number of pupils, or

      • 2. if, in such a case, a public school is not necessary for the foundation thereof, because the Article 75, fourth paragraph, first sentence , the situation described does not occur;

    • c.

      • 1. having regard to any other school listed in the plan, or a school which is to be taken into consideration in a plan of another municipality, is not likely to be a school in accordance with the conditions laid down in the plan; Articles 77 and 78 will be visited by the following Article 77 required number of pupils, or

      • 2. if, in such a case, a public school is not necessary for the foundation thereof, because the Article 75, fourth paragraph, first sentence , the situation described will no longer arise;

    • (d) failure to comply with, and pursuant to, the provisions of this Act with regard to the projections;

    • e. is based on manifestly unsound forecasts; or

    • f. in respect of a school plan, wrongly, it is not determined that it is eligible for financing at the start of the first school year of the plan period.

  • 5 Upon abstention of the approval under paragraph 4 (a), our Secretary of State shall at the time be responsible for the inclusion of a public school in the plan. If approval is withheld by virtue of paragraph 4 (f), the Secretary of State shall indicate to the local council that the school concerned shall, at the beginning of the first school year of the planning period for financing, be included in the plan for the 2.

  • 6 If, as a result of a decision by our minister under the fourth paragraph, a school should lapse from the plan, Our Minister makes this decision within 2 weeks known to the applicant for inclusion in the plan of the concerned school.

  • 7 If the decision of our Minister as referred to in paragraph 6 is brought up against the decision of the Minister, or the decision taken by our Minister for the purpose of paying the School, takes the form of the decision taken. the City Council shall decide on the plan to be adopted after the decision is taken by the Council.

  • 8 As soon as the financing of a school in the plan may commence, our Minister is known to have the power to do so.


Article 80. Administrative appeal for refusal to enter school

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  • 1 If the City Council has not accepted a request for inclusion in the plan of a special or a public school, the applicants may bring administrative appeal to our minister.

  • 2 If an irrevocable decision, or a judgment of the judgment of the appeal, or the decision of our minister taken as a result of the decision, is intended to benefit from the financing of the decision, school, the City Council takes up the school in the after appeal decision, the ruling or the decision to establish plan.


Article 81. Financing of schools planned on the plan

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  • 1 Schools which have been included in the plan for three consecutive years and are not eligible for funding, the municipal council for the subsequent school year shall be eligible for the following school year.

  • 2 In respect of a school due to Article 79, seventh paragraph , in the plan referred to therein, the period referred to in paragraph 1 shall begin as from the first school year of the plan in which the school was drawn up. In respect of a school that Article 80, second paragraph , in the plan referred to therein, the period referred to in paragraph 1 shall begin as from the first school year of the plan for which the request was lodged.


Article 82. Schools from the previous plan

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  • 1 Subject to the provisions of the second paragraph, each plan shall include in each plan the schools in the preceding plan which:

    • a. Not yet eligible for funding; or

    • b. to be eligible for funding, but to which education has not yet been established.

  • 2 The foregoing plan does not include a school:

    • (a) if the applicant has requested that the School be allowed to lapse;

    • (b) if a special school is not in the course of education at the start of the second school year following the school year for which the school is the first to be paid for the school, unless the plan is based on the plan for the school year of the school year. a new request is justified; or

    • c. if, in the view of the municipal council, circumstances have occurred which were not known in the adoption of the plan, and which, they had been known, would have led to a different decision.

  • 3 Article 80 shall apply mutatis mutandis where a school is not included in a subsequent plan pursuant to paragraph (c) of the second paragraph.


Article 83. Non-determination of plan

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  • 1 The determination of a plan shall be omitted if:

    • a. No requests for inclusion in the plan have been received or none of the received requests for authorisation are eligible,

    • b. foundation of a public school is not necessary, because the Article 75, fourth paragraph, first sentence , the situation described does not occur and

    • c. No schools from the prior plan for inclusion in the plan are eligible.

  • 2 The decision referred to in paragraph 1 (b) shall be subject only to the approval of our Minister, if the same decision was taken in the previous year and has not been called for in this respect. The decision to be adopted shall be sent to our minister before 1 August preceding the planned period of operation. Article 79, third paragraph , shall apply mutatis mutandis.

  • 3 If an irrevocable decision of Our Minister or one in response to the decision of Our Minister on appeal as referred to in Article 71 the Council shall take the school into account in the decision to be taken after the final decision has become irretrievably the decision to be taken by that decision.

  • 4 Copies of the relevant council decision shall be sent to the applicants of the non-agreed applications referred to in paragraph 1 (a) before 15 August preceding the planned period.


Article 84. Conversion; extension direction; development of cooperation school; relocation

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  • 1 Our Minister may, under conditions to be set by him, qualify for a school which is converted, as referred to in Article 74, first paragraph, third sentence , or to which education is expanded to include education of one or more other directions, or a school which is established as a school of cooperation.

  • 2 Our Minister may allow a school to be granted a different place of establishment. Our Minister may attach conditions to his consent.

  • 3 A request for a decision as referred to in the first or second paragraph shall state the reasons on which it is based and shall be accompanied by the information specified in the Annex. Article 75, first paragraph . Our Minister wiles the request only in the event that:

    • a. the school, if it was included in a plan of schools, in the application of the Articles 77 to 79 would be approved by him,

    • b. if approval could not be granted on the ground mentioned under (a) and in a public school, the establishment of a cooperation school, or a transfer of a school to which public education is given in the case of education, within 10 kilometres of the place in the municipality where education is to be given on the road, there is no school in which public education is to be provided and there is a need to follow public education;

    • If education is extended to include education of one or more other schools, schools must be charged only one or more schools to be removed, having regard to the conditions laid down by the Commission. Articles 154 to 156 continued for a period of at least 20 consecutive years; or

    • d. A cooperation school taking into account Article 17d It would be possible to achieve this.


Article 84a. The independence of an establishment

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  • 1 Our Minister may, under conditions to be laid down by him, or a part of a school or ancillary establishment situated in a location other than the place of establishment of that school or subsidiary, as a school for funding in Take special care

  • 2 A request for a decision as referred to in paragraph 1 shall state the reasons on which it is based and shall be accompanied by:

    • a. as far as the new school is concerned, the data provided in Article 75, first paragraph , in conjunction with Article 75, fifth paragraph, or the data referred to in Article 75 Article 76, second paragraph ,

    • b. a forecast of the number of pupils to be expected on the remaining part of the school with the exception of ancillary establishments, or, where applicable, on the remaining part of the secondary establishment; and

    • c. an indication of the number of pupils who actually attended the part of the school covered by the request on the teldate prior to the request.

  • 3 In calculating the number of pupils who will visit the new school, Article 78 Not applied, as far as the place space is concerned at the new school.

  • 4 Our Minister wiles the request only if:

    • a. It is likely that the new school will be visited by at least the number of pupils corresponding to the founding standard for 15 years after the start of the funding. Article 77, second paragraph , and

    • b. It is likely that the financing of the remaining part of the school, with due regard for the Articles 154 to 156 , may be continued for at least 15 consecutive years, or

    • (c) where applicable, it is likely that any financing of the remaining part of the ancillary establishment, taking into account the Article 158 , may be continued for at least 15 consecutive years.

  • 5 In the case of ministerial arrangements, models may be established for the purpose of providing the forecast referred to in paragraph 2 (b). The manner in which the forecast is submitted shall be indicated.


Article 85. Ancillary system

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  • 1 The financing of an ancillary establishment of a school shall commence from 1 August if:

    • a. The parallel establishment in accordance with Article 158 meets one of the standards for financing mentioned in that Article and, in so far as it concerns a secondary establishment eligible under the first paragraph, point (e) of that Article, to all the schools of the competent authority on that basis. authority or, on application of Article 157, third paragraph , the cooperating competent authorities, are not more ancillary than the difference between the total number of pupils in those schools divided by 260 and the total number of pupils in those schools divided by 290, with the quotients, are rounded down to an integer,

    • b. The ancillary establishment is not attached to a school that applies to Article 157 Being maintained,

    • c.

      • 1. the ancillary establishment immediately prior to the date of commencement of the financing as a secondary establishment, as a school of the corresponding direction in question or if it concerns a secondary establishment of a public school such as that of the self-employed public school was granted, or

      • 2. the ancillary establishment eligible as a secondary establishment of the former school of 1 °,

    • d. in the case of a secondary establishment of a public school maintained by a legal person other than the municipality in whose territory the secondary establishment is situated, that the municipality shall, by notarial deed, maintain the school which has become a secondary establishment, has transferred to that other legal person; and

    • e. from the conversion to parallel establishment before 1 February preceding the date referred to in the introductory phrase, to our Minister, and in the case of a situation as referred to in point (d), subject to the production of data showing that The requirement under (d) is met.

  • 2 In addition to the act referred to in paragraph 1 (d), the rights conferred by the competent authority of a school, as regards the building and the premises, and in respect of movable property shall also be transferred. The instrument shall provide that the legal person transferred to the School shall appoint the staff in equal relations and under the same conditions as laid down in the instrument of appointment, as from the date of transfer.

  • 3 By transfer in accordance with paragraphs 1 and 2, the transferee legal person shall enter into all the rights and obligations of its predecessor arising out of the law, in so far as they concerned his capacity as competent authority.

  • 4 The Secretary of State shall, before 1 May following the communication referred to in paragraph 1 (e), publish to the competent authority of the proposed secondary establishment, whether the secondary establishment will be granted.


Article 85a. Directorate for the International Basic Education Department

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  • 1 Our Minister may, at the request of the competent authority of an elementary school, qualify for an internationally oriented primary education department at that school and in that municipal board. A request as referred to in the first sentence shall be submitted to our Minister before 1 October of the year preceding the school year in which the expenditure of the department is requested. Our Minister will decide before 1 January next.

  • 2 Our Minister will accept the request only if the request is accompanied by a forecast based on statistical data, on the basis of which the number of pupils in the department to be expected is at least 80% within 5 years of school age. and the department fits within a balanced nationwide spread of primary schools with a department for internationally oriented basic education.

  • 3 In calculating the number of pupils that the department, referred to in the first member, will visit, pupils who reside within a reasonable distance from an elementary school with a department for internationally oriented basic education and for who is in that department place room, not counted.

  • 4 By ministerial arrangement, a model may be established for the calculation of the forecast referred to in paragraph 2 and the method of lodging it.


§ 2. Special schools for primary education

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Article 86. Conceptual determination

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For the purposes of this paragraph, "school" means a special school for primary education.


Article 87. Finance Minister's decision

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  • 1 Our Minister may qualify for a school at the request of the competent authority of the school for payment. Our Minister willies the application only if:

    • Consent to the competent authority of all primary schools in the grouping;

    • b. The grouping comprises more than half of the primary schools in a new housing site of at least 15 000 dwellings or in landlocked housing sites, where at least 15 000 homes are built within 10 years;

    • c. The grouping does not yet have a special school for primary education; and

    • d. as a result of the formation of the grouping, not an already established grouping under the standard of Article 18, second paragraph Well, you'd be right.

  • 2 The financing may only commence with effect from 1 August of a school year.


Article 88. Conversion; change of direction; extension direction; development of cooperation school; relocation

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  • 1 Our minister may qualify under any conditions to be set by him for financing a school which is converted from a public in a special school or vice versa, to which the direction of education is changing, to which education shall be expanded to include education of one or more other directions, or which shall be established as a cooperation school.

  • 2 Our Secretary of State may agree to the fact that a school is to be awarded another place of establishment. Our Minister may attach conditions to his agreement.

  • 3 An application for a decision referred to in the first or second paragraph shall state the reasons on which it is based and shall be accompanied by:

    • a. an indication of the grouping or the partnerships in which the school participates and will take part,

    • (b) the proposed date of entry into service of the funding and,

    • c.

      • 1 °. in the case of an application for a decision as referred to in the first paragraph, public education or the direction or directions of special education which the school is responsible for and after conversion, change in direction, establishment of a the school of cooperation or expansion with one or more other directions, or

      • 2 °. in the case of an application for a decision as referred to in the second paragraph, the designation of the place in the municipality where education is to be given.

  • 4 Our Minister wilfully support the application of a decision referred to in paragraph 2 only if the partnership or cooperation in question remains in a position to ensure the proper accessibility of special schools to the primary education.

  • 5 The conversion, modification of direction, development of a cooperation school or extension to other special education may take place only with effect from 1 August of a school year.


Article 89. Ancillary system

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  • 1 The financing of an ancillary establishment of a school shall commence from 1 August if:

    • a.

      • 1. the ancillary establishment, immediately prior to the date on which the aid was granted as a secondary establishment, was granted as an independent school, or

      • 2. the ancillary establishment eligible as a secondary establishment of the former school of 1 °,

    • (b) in the case of a secondary establishment of a public school maintained by a legal person other than the municipality in whose territory the secondary establishment is situated, that the municipality shall, by notarial deed, maintain the school which has become a secondary establishment, has transferred to that other legal person; and

    • c. from the transformation to parallel establishment before 1 February preceding the date referred to in the introductory words, to our Minister, and in the case of a situation as referred to in point (b), on presentation of the information which indicates that The requirement under (b) is met.

  • 2 In addition to the act referred to in paragraph 1 (b), the rights conferred by the competent authority of a school in respect of the building and the premises and in respect of movable property shall also be transferred. The instrument shall provide that the legal person transferred to the School shall appoint the staff in equal relations and under the same conditions as laid down in the instrument of appointment, as from the date of transfer.

  • 3 By transfer in accordance with paragraphs 1 and 2, the transferee legal person shall enter into all the rights and obligations of its predecessor arising out of the law, in so far as they concerned his capacity as competent authority.

  • 4 The Secretary of State shall, before 1 May following the communication referred to in paragraph 1 (c), publish to the competent authority of the proposed secondary establishment, whether the secondary establishment will be granted.


§ 3. Detailed rules for the implementation of Section 2

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Article 90. Detailed rules for the implementation of Section 2

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  • 1 In the case of a general measure of management, detailed rules may be laid down for the implementation of this Section.

  • 2 A draft general measure of management as referred to in paragraph 1 shall be placed in the Official Gazette. The general measure of management shall not enter into force after the expiry of 4 weeks after the placement.


Article 90a. Breakdown of programmes of requirements [ Expings per 01-08-1998]

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Article 90b. Programme of requirements for school areas [ Expired on 01-08-1998]

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Article 90c [ Exchanges by date 01-08-1998]

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Section 3. Provision in housing

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Article 91. Housing provision by the municipality

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  • 1 The municipal council is responsible for carrying out mayor and aldermen for the benefit of the schools maintained by the municipality, and for the purpose of schools not being maintained by the municipality for the provision of accommodation in housing in the territory of the municipality in accordance with the provisions of this Section. The latter shall treat them as to the schools maintained by the municipality and the schools not maintained by the municipality on a par with the other.

  • 2 For the purposes of this section, a school not established by the municipality shall be co-located in the territory of the municipality of a school where the principal place of business is situated in the territory of another Municipality is located.


Article 92. Provisions in housing

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  • 1 For the purposes of this Section, provisions in housing shall include:

    • a. Facilities intended for temporary use for permanent or temporary use, consisting of:

      • 1 °. new construction, an existing building or part thereof, movement of an existing building or a part thereof, land, and first procurement of educational packages and furniture,

      • 2. extension of the provisions referred to in 1 °; and

      • 3 °. Co-use of a space suitable for education;

    • b. restoration of construction errors to the building, as well as repair and replacement for damage to building, educational packages and furniture in case of special circumstances.

  • 2 In the case of a general measure of management, gross floor areas shall be required to include, at least, accommodation in housing per pupil present. These areas may be determined differently according to school types.


Article 93. Adoption by Mayor and aldermen of connocated ceilings for new facilities in housing

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  • 1 For the next year, the mayor and aldermen shall lay down a ceiling for the financing of housing provisions for the following year, to be determined by them for:

    • a. Schools,

    • b. Schools of special education, schools of secondary special education, schools of special and secondary special education or institutions for special and secondary education, and

    • c. Schools of preparatory scientific education, for higher and secondary general secondary education, for preparatory vocational education and for practical education.

  • 2 The ceiling shall be fixed in such a way as to allow reasonable accommodation for the schools referred to in the first paragraph in the territory of the municipality.


Article 94. Application for submission

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  • 1 The competent authority of a school not established by the municipality which wishes to have a provision in housing shall apply for that provision to the programme, intended for the purpose of which the Article 95 -To the mayor and our mayor.

  • 2 Mayor and aldermen may, in respect of provisions as referred to in Article 92 to cover the costs of construction preparation.

  • 3 Mayor and aldermen shall determine the time at which the application is to be made and the terms and conditions to be fulfilled.

  • 4 The third paragraph shall apply mutatis mutandis to the schools maintained by the municipality.


Article 95. Housing benefit programme

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  • 1 Mayor and aldermen, after consultation with the competent authorities of the non-commune schools in the municipality, propose an annual education for the municipality of the municipality to be determined by the local authorities. A programme as referred to in the second paragraph shall be established. The programme relates to schools as defined in Article 93, first paragraph, parts a, b and c .

  • 2 The programme shall comprise the facilities provided for in the accommodation provided for in: Article 92 , which will be taken into account in the year following the adoption of the programme for schools not maintained by the municipality, as well as facilities necessary for schools maintained by the municipality.

  • 3 Mayor and aldermen shall only take up facilities in the accommodation in the programme, provided that:

    • (a) the provisions may be reasonably started in the calendar year following the year of the adoption of the programme or the provisions of the calendar year in question, and

    • b. not one of the grounds for refusal, mentioned in Article 100 , applicable.

  • 4 If the contrive ceiling is intended to be Article 93 It is not sufficient to include those provisions in the programme which may be financed from that ceiling, the order being determined taking into account the criteria set out in the Annex. Article 102, first paragraph, part c .

  • 5 The decision of the mayor and aldermen may include a part of the desired provision or a provision other than that of any other provision.

  • 6 Mayor and aldermen may attach to the entry in the programme any conditions for putting into service or decommissioning buildings or premises.

  • Within four weeks of the adoption of the programme, the mayor and aldermen with the competent authority shall enter into consultation on the procedure for implementing them. If such consultation does not lead to an agreement, the mayor and aldermen shall notify the competent authority that they cannot agree to the manner of implementation desired by the competent authority.

  • 9 During the consultations referred to in paragraph 1, the mayor and aldermen may request the Education Council to give an opinion on the establishment of the provision of housing provisions in relation to freedom of direction and freedom From device. The request shall be made if a competent authority has requested it or it has requested it from its own initiative. The request shall contain a description of the subjects on which the opinion is to be expected. The opinion will be delivered to the mayor and aldermen within four weeks. The opinion shall be published together with the programme.


Article 95a [ Expired 01-08-1998]

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Article 95b [ Expaed by 01-08-1998]

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Article 96. Summary

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Mayor and aldermen pose simultaneously with the programme, which is intended to be Article 95 , for the purpose of teaching in the territory of the municipality, for a date to be determined by them, a summary of those provisions which have been applied for or are necessary, which are not included in the programme. It shall specify why the provisions concerned have not been included. The survey shall be made available for inspection. The overview refers to schools as referred to in Article 93, first paragraph, parts a, b and c .


Article 96a [ Expired by 01-08-1998]

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Article 96b [ Expired-08-08-1998]

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Article 96b1 [ Expired-08-08-1998]

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Article 96c [ Expestablished per 01-08-1998]

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Article 96c1 [ Expired-08-08-1998]

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Article 96c2 [ Exchanges per 01-08-1998]

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Article 96d [ Expired-01-08-1998]

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Article 96d.1 [ Falling by 01-08-1998]

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Article 96d.2 [ Falling by 01-08-1998]

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Article 96e [ Expet per 01-08-1998]

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Article 96f [ Expestablished per 01-08-1998]

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Article 96g [ Expestablished per 01-08-1998]

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Article 96h [ Expestablished per 01-08-1998]

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Article 97. No establishment of programme and overview

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Mayor and aldermen do not propose a programme as intended Article 95 and no outline as intended in Article 96 fixed, if no provision is required in housing nor an application has been submitted for schools as intended in Article 93, first paragraph, parts a, b and c .


Article 98. Decisions on applications for an early nature

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  • 1 The competent authority of a school not established by the municipality which wishes a provision in housing that is not in the programme, intended to Article 95 , if it is included, but if the progress of education cannot be postponed, an application for the provision of that provision shall be made to the mayor and to aldermen.

  • 2 The decision may include a part of the requested provision or a provision other than that of any other provision. Mayor and aldermen reject the application if:


Article 99. Date of commencement of funding; due to entitlement to pay

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  • 1 Mayor and aldermen shall decide on the date of the year following the date of adoption of the programme, as from the year following the date of adoption of the programme. Article 95 The financing of a facility which is included in the programme may actually commence, without prejudice to the provisions of the Article 101 .

  • 2 The claim for the financing of a provision shall be cancelled if not within one of the provisions of the Regulation on the basis of which the Article 102 the period of time to be determined after the decision referred to in the first paragraph, on the provision of a construction contract or a sale, hire or land-lease agreement.


Article 100. Grounds for refusal

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  • 1 A provision in housing shall be refused only if:

    • a. The desired device is not a provision in the sense of Article 92 ,

    • (b) the requested provision is not justified on the basis of the nature and extent of the facilities already available to the School in so far as it is financed from the public purse, having regard to the standards referred to in Article 2 (2) of the Treaty; Article 102, first paragraph, part b ,

    • (c) the desired provision is not justified on the basis of the foreseeable development of the number of pupils or of educational developments, taking into account the provisions of the Article 102, first paragraph, parts c and d ,

    • d. In other ways, the need for accommodation may reasonably be foreseen, inter alia, because, within a reasonable distance from the desired location of the facility, use or co-use is possible, or a pre-existing facility for funded building or part of it becomes available,

    • e. the contrive ceiling, intended to be used in the Article 93 , is not sufficient for the provision of facilities for schools as defined in the first paragraph, points (a), (b) and (c) of that Article , or

    • f. The desired device is not necessary other than in the case of parts b to d.

  • 2 A provision in the accommodation may also be refused if the supply resulting from the reproach of necessary maintenance is in a poor structural state or if the provision is necessary to repair the damage which is caused by the fault or the authority of the competent authority.


Article 101. Review of legal requirements and new facts and circumstances

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Provisions referred to in the programme Article 95 , are included, are eligible for payment, provided that at the time they are given on the basis of Article 99, first paragraph , it has been established,

  • (a) comply with the rules laid down in or pursuant to the Act; and

  • b. the facts and circumstances in which the School is in are not substantially altered in relation to the facts and circumstances at the time of the adoption of the programme.


Article 102. Municipal scheme

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  • 1 The municipal council shall adopt by regulation a system of rules concerning:

    • a. the provisions resulting from Article 92 in the case of financing may be granted,

    • b. the size and layout of school buildings;

    • c. the urgency criteria,

    • d. The forecast criteria,

    • e. the period specified in Article 99 ,

    • f. the procedure relating to rental and the co-use of spaces for the education,

    • g. the period of time during which a building or site for a school or a secondary establishment can be used for a maximum period of time. Article 110 , as well as the procedure relating to any State of maintenance to be made, and

    • h. the data specified in Article 112 .

  • 2 The scheme shall be established in such a way as to meet the reasonable requirements of education for the accommodation of schools in the municipality.

  • 3 The City Council shall establish standards for the fixing of the amounts for the provision in housing.

  • 4 Mayor and aldermen pay the amounts according to the rules laid down by the municipal council, according to rules which they are to lay down.

  • 5 The Municipal Council shall not adopt the scheme referred to in paragraph 1 or amend it, except after consultation has been conducted on it by the competent authority of the non-commune. schools in the municipality to appoint representatives. The municipal council shall adopt a procedure to this effect.

  • 6 During the consultations referred to in the fifth paragraph, the Municipal Council may request the Education Council to deliver an opinion on the adoption or amendment of the Municipal Regulation in relation to freedom of direction and freedom of movement. establishment. The request shall be made if a competent authority has requested it or it has requested it from its own initiative. The request shall contain a description of the subjects on which the opinion is to be expected. The opinion will be delivered to the local council within four weeks. The opinion shall be published together with the regulation or amendment thereto.


Article 103. Construction

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  • 1 The competent authority of a school not established by the municipality shall instruct the accommodation to which, on the basis of the Articles 95 and 98 may be transferred to be made available by the municipality to that end, unless it agrees with the mayor and aldermen that the municipality is to bring it up.

  • 2 If the municipality has established the provision in the housing of a school not held by the municipality, building and territory shall be transferred to the competent authority in ownership, unless mayor and aldermen and the competent authority shall otherwise agree.

  • 3 If the provision in the accommodation provided for in paragraph 2 does not meet the requirements for transfer of ownership, the mayor and aldermen shall give it to the competent authority.


Article 104. Assent to own construction plans for a school not maintained by the municipality

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Unless the competent authority of a school not maintained by the municipality which is entitled to a provision of a provision in the accommodation is provided, with the mayor and the aldermen, that the municipality is responsible for the provision of this provision, the building plans and the corresponding budgets need the consent of mayor and aldermen.


Article 105. Provision for the provision of a school not maintained by the municipality

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The municipality shall establish a provision in the accommodation of a school which is not maintained by the municipality only if it is agreed between the mayor and the mayor and the competent authority on the construction plans and the manner in which they are to be established. execution.


Article 105a (Expired-on 01-08-1998)

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Article 105a1 [ Expired on 01-08-1998]

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Article 105a2 [ Expired on 01-08-1998]

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Article 105b [ Expired by 01-08-1998]

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Article 105c [ Expired by 01-08-1998]

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Article 105d [ Expired on 01-08-1998]

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Article 105th [ Exchanges by date 01-08-1998]

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Article 105f [ Expired by 01-08-1998]

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Article 105g [ Expired by 01-08-1998]

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Article 105h [ Expired by 01-08-1998]

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Article 105i [ Expired on 01-08-1998]

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Article 105j [ Expired by 01-08-1998]

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Article 105k [ Expat per 01-08-1998]

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Article 106. Maintenance obligation; prohibition on estrangement and encumbrance

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  • 1 The competent authority shall be obliged to use and maintain the building and premises, as well as the movable items for which it is granted.

  • 2 Disposals by the competent authority of a school not maintained by the municipality other than on the basis of Article 49 or Article 56 of buildings, land and movable property for which financing is granted, or objections to a right of business by the competent authority of a school of such buildings and land which is not maintained by the municipality, shall be subject to prior authorisation of Mayor and aldermen are annulled.

  • 3 The second paragraph shall not apply in respect of the right of storage for the purposes of a temporary provision of housing to be placed by the municipality on land owned by the competent authority of the school in question.


Article 107. Entitlement to the claim

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  • 1 Mayor and aldermen are responsible for a part of a building or site which will not be required temporarily or during any part of the day for the school established there, during that time as a housing for another school, for other education from the public purse from non-primary education, or for education as intended for the purpose of the Law on education and vocational education or to use for other cultural, social or recreational purposes. The intended use should be tolerated by teaching at the school established in the building. Also, mayor and aldermen are responsible for teaching physical exercise or expression-activities a building or field or part thereof temporarily or not necessary for any part of the day or as a whole. will be for the school established there, during that time as housing for another school, for other education funded from public funds not being basic education, or for education as intended in the Law on education and vocational education or to use for other cultural, social or recreational purposes.

  • 2 If the building or site is in use for a school not held by the municipality, mayor and aldermen shall consult beforehand with the competent authority and, where appropriate, with the competent authority of that school, or parallel establishment for which the housing is to be provided.


Article 107a [ Expired by 01-08-1998]

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Article 107b [ Expired by 01-08-1998]

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Article 107c [ Expired by 21-02-2001]

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Article 107d [ Expired by 01-08-1998]

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Article 107e [ Expet per 01-08-1998]

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Article 107f [ Expired by 01-08-1998]

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Article 108. Rental and co-use building or site

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  • 1 To the extent Article 107 does not apply, the competent authority may use part of a building or territory for the purpose of education financed by public funds or for other cultural, social or recreational purposes. Where no provision is made for education from the public purse, the competent authority may rent a section of the building or territory to a third party, in so far as it will not be intended as a place of residence or a holding area within the meaning of the fifth and fifth of the years. Sixth Section of Title 4 of Book 7 of the Civil Code . If it is a school not maintained by the municipality, permission from mayor and aldermen for hire is required.

  • 2 Placing in service or hire under the first paragraph shall end:

    • a. if mayor and aldermen make use of their authority on the basis of Article 107 without any obligation to make any claim, or

    • b. If it is in use or rented part necessary for use by own school.

  • 3 Placing in service or hire under the first paragraph shall not be carried out if the intended use does not contribute to teaching at the school established in the building.

  • 5 Renting out of a building or site by the competent authority of a school not maintained by the municipality and each containing this article contrary to it in a tenancy agreement, without the permission of the mayor and aldermen, regard to school buildings, is null and void.


Article 108a [ Expired-01-08-1998]

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Article 108b [ Expr. by 01-08-1998]

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Article 109. Provision not chargeable to the municipality

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Facilities for buildings or land related to rent under the Articles 108 or 110 shall not be charged to the Municipality by the competent authority of a school which is not maintained by the municipality.


Article 110. End use building or site by a school not maintained by the municipality

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  • 1 Mayor and aldermen and the competent authority of a school not held by the municipality which owns the building and the land, may certify in a joint act that the competent authority has either ceased to have jurisdiction or has ceased to be shall cease to use the building or territory or any parts thereof subject to the transfer of ownership thereof, for the school.

  • In the event of a dispute concerning the application of the first paragraph, the Member States shall, on request, decide that the competent authority has ceased, or will permanently cease, the building or territory or one for transfer of ownership -to use the school's predisposed portion of the system. The application for the decision is made by mayor and aldermen, or by the competent authority of the school. Before deciding on the application, Member States shall hear the other party.

  • The authority of a school which is not in a position to be maintained by the municipality which intends to permanently no longer use premises or land, or any part of it, shall, without delay, inform the mayor and althoutors of this.

  • 4 Once the act referred to in paragraph 1 is signed by both parties, whether the decision of the Member States referred to in paragraph 2 has become irrevocable or that the judgment of the Court of Justice has been decided upon, which shall take a decision on the act of the where the first sentence referred to in paragraph 2 replaces the act which has been destroyed, the instrument shall become final and shall become final unless it concerns a building as referred to in Article E 33 of the Transitional Law WBO, registered in the public registers referred to in Section 2 of Title 1 of Book 3 of the Civil Code . By the registration the municipality obtains the property.

  • 5 Mayor and aldermen and the competent authority of a non-municipality school that owns the school building can declare in a joint act that part of the building is not susceptible to the school building. Transfer of ownership, will no longer be necessary for the education of the system.

  • In the event of a dispute concerning the application of the fifth paragraph, the Member States have been asked to decide that part of the building which is not liable for the transfer of ownership will not be required for the education of a permanent person. The application for the decision is made by mayor and aldermen, or by the competent authority of the school. Before deciding on the application, Member States shall hear the other party.

  • 7 Once the act referred to in paragraph 5 is signed by both parties, whether the decision of the Member States referred to in paragraph 6 has become irrevocable or that the judgment of the Court of Justice is based on the judgment of the Court of Justice, which shall take a decision provided for in the first sentence of paragraph 6, replaces the annulled decision, the competent authority of a school not maintained by the commune may have the relevant part of the building with the permission of the Mayor and leholders rent out.

  • 8 The consent referred to in paragraph 7 shall be granted for a period of not more than three years. At the request of the competent authority, this period may be extended by a period of not more than three years.


Article 110a [ Expired-08-08-1998]

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Article 110b (Expired by 01-08-1998)

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Article 110c [ Exchanges by date 01-08-1998]

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Article 110d (Expired on 01-08-1998)

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Article 110e [ Expet per 01-08-1998]

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Article 110f [ Expired by 01-08-1998]

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Article 110g [ Expired by 01-08-1998]

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Article 110h [ Expired by 01-08-1998]

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Article 110i [ Expired by 01-08-1998]

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Article 110j [ Expired by 01-08-1998]

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Article 110k [ Expat per 01-08-1998]

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Article 110l [ Expired by 01-08-1998]

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Article 110m. Occupation [ Expired by 01-08-1998]

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Article 111. Annual amount of housing costs of a school not maintained by the municipality

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By way of derogation from this Section, the municipal council may decide that an amount for housing costs shall be paid each year to the competent authority of a school not maintained by the municipality in so far as it is in the territory of that municipality. It will be held. The municipal council shall take the decision in accordance with the competent authority.


Article 111a. Funding for additional activities in the field of education [ Falling by 01-08-1998]

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Article 112. Provision of information to mayor and aldermen

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The competent authority of a school not held by the municipality in question has been held to the municipal council by providing the municipal council with all the information to which the municipal council is acting as Deputy Mayor and by its members. Aldermen for adequate performance of the provisions in this section are deemed necessary.


Section 4. Material conservation

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Article 113. Identification of programmes of requirements

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  • 1 In the case of a ministerial arrangement, a programme of requirements which forms the basis for the financing of the provisions referred to in paragraph 3 shall be fixed once every five years by 1 October. The programmes of requirements shall be valid for the five years following the year in which the determination is to be made. The programmes of requirements include an additional funding for the joint special schools for basic education in a partnership.

    Each programme of requirements shall include:

    • a. A description of the components which have been taken into account from which the provisions are constructed,

    • (b) the amounts deemed necessary; and

    • (c) the method of calculation of the costs to be fixed for each facility.

  • 2 The programmes of requirements shall meet the reasonable needs of school in normal circumstances, without prejudice to the fourth to ninth paragraphs, and shall take into account the gross areas covered by the general measure of management, intended Article 92, second paragraph , to be prescribed.

  • 3 Programmes of requirements are laid down for the physical facilities for the maintenance of schools, including those for education in physical exercise.

  • 4 By means of a ministerial arrangement, the amounts adjusted in accordance with paragraph 6 shall be fixed each year by 1 October of each year. The amounts thus fixed shall be the definitive amounts for the year following the year in which the determination is to be made.

  • 5 Our Minister may make changes to the programmes of requirements in the adoption of the ministerial arrangement referred to in paragraph 4 if the State of the State Treasury or educational developments make it necessary to do so. Application of the first sentence may be granted only if the ministerial arrangement referred to in paragraph 4 is adopted before the date referred to in that paragraph.

  • 6 The adjustment referred to in paragraph 4 shall be adjusted by adjusting the amounts on the basis of real price developments for the second year preceding the year for which the amounts are fixed in accordance with the price-setting of the the net material consumption, as recorded in the Macro Economic Recognition, which is expected to occur between the price level in the former year and the price level in the following year, as well as to adjust according to the price-fixing of the net material consumption as recorded in the Macro Economic Exploration, which is expected to occur between the price level in the year preceding the year for which the amounts are fixed and the year for which the amounts are fixed.

  • 7 The ministerial arrangements referred to in paragraphs 1 and 4 shall be published in the Official Gazette, together with the second Chamber of the European Parliament, within four weeks of the adoption of the provisions of the first and fourth paragraphs, as referred to in the States General. The ministerial arrangements shall not enter into force after the expiry of 4 weeks after submission to the Second Chamber and during that period not by or on behalf of the Chamber the wish for consultation of the Ministerial arrangements is given, It has been the subject of consultations with the Second Chamber.

  • 8 Following consultations with the Second Chamber, amendments to the programmes of requirements and amendments thereto, referred to in paragraph 5, may be amended. The amendments shall be published in the Official Gazette.


Article 113a [ Falling by 01-08-1998]

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Article 114. Breakdown of programmes of requirements

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The programmes of requirements referred to in Article 113, third paragraph , be subdivided into programmes of requirements relating to:

  • a. maintenance of, and adjustments to, the building and the terrain,

  • b. Energy and water consumption,

  • (c) levies governed by public law, with the exception of taxes on immovable property,

  • d. means, and

  • e. administration, management and administration.


Article 114a [ Expat per 01-08-1998]

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Article 114b [ Expired-01-08-1998]

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Article 115. Additional costs of material conservation

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The funding provided for in Article 113, first paragraph, third sentence For the purposes of material conservation, the joint special schools for primary education in a grouping shall be multiplied by 2% of the number of members of the grouping on 1 October of the year. prior to the year on which the funding takes place. The State distributes this funding to the special schools of primary education in proportion to the number of pupils of each special school of primary education on that date.


Article 116. Additional costs of material conservation

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  • (1) Where special developments in primary education give rise to this, rules on the provision of additional costs of material maintenance may be laid down by Ministerial Regulations.

  • 2 Where special financing was granted on the basis of Article 123 The Minister may provide that, for the period for which such special financing is granted, additional expenditure relating to material conservation shall also be granted. Further rules may be laid down in the case of a ministerial arrangement.

  • 3 Our Secretary of State may set up a ceiling on the funding referred to in paragraph 1 and the second paragraph. In that case, rules on the allocation of rules shall be laid down by ministerial rules.


Article 116a [ Exchanges by date 01-08-1998]

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Article 116b (Expired by 01-08-1998)

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Article 116c [ Exchanges by date 01-08-1998]

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Article 117. The basis for physical exercise of physical exercise

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  • 1 Mayor and aldermen determine, after consultation with the competent authorities of the schools not maintained by the municipality, the number of clocks per week which, per group of pupils, is not more than

    • a. to be made available in a space for the teaching of physical exercise; or

    • b. to be eligible for the material maintenance of a space for the education of physical exercise.

  • 2 The number of clock hours referred to in paragraph 1 shall be fixed at at least 1,5 for primary schools and at least 2,25 for special schools of primary education.

  • 3 Mayor and althouders determine the height of

    • a. the funding referred to in point (b) of the first paragraph; and

    • (b) the expenditure on the fixed costs of the physical maintenance of a physical exercise of which the property is held by the competent authority of a school not maintained by the commune.

  • 4 In fixing, as provided for in paragraph 3, a distinction may be made depending on the size of the space and between premises for which the education legislation provides for granted and spaces for which it is intended to be used. that is not the case.


Article 118. Funding for cooperative material conservation

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  • 1 The amount of material conservation related to the establishment of the support structure shall be granted to the grouping.

  • 2 The funding referred to in paragraph 1 shall depend on the number of pupils at the premises of the main schools in the grouping, on 1 October of the year preceding the year on which the funding is to take place.

  • 3 The expenditure referred to in paragraph 1 shall be fixed annually by ministerial arrangement. This ministerial arrangement shall be in accordance with the ministerial arrangements, as set out in Article 113, seventh paragraph , within a period of four weeks from the date of publication in the Official Gazette, subject to the simultaneous presentation to the Second Chamber of the States-General. Article 113, seventh paragraph, second sentence, shall apply mutatis mutandis.

  • 4 If on 1 October the number of pupils in the joint special schools for primary education in a grouping is more than 2% of the number of pupils at the establishments of the schools in the grouping, it shall be partnership for each student of a special school for primary education above the above mentioned 2% Article 115 the amount referred to at the special school for primary education.

  • 5 The support plan defines which part of the expenditure related to the material conservation related to the establishment of the support structure, in so far as after the application of the fourth paragraph, and Article 118a That funding remains to be used, to which primary school in the grouping is used.

  • 6 In the calculation under paragraph 4, 2% of the number of pupils at the establishments of the schools in the grouping shall be arithmetically rounded to an integer number.

  • 7 The transfer pursuant to paragraph 4 by the grouping shall relate to the calendar year following the date referred to in paragraph 4 above and shall not exceed the reference period for the grouping under the first paragraph. the financing of material conservation related to the support structure.

  • 8 The amount of material conservation granted to the grouping shall be granted in addition to the funding referred to in paragraph 1.

  • 9 The payment referred to in paragraph 8 shall consist of an amount per pupil to be determined by ministerial arrangement for the number of pupils at the establishments of the grouping's schools on 1 October of the year preceding that of the year preceding the year. the year on which the funding is to be carried out.

  • 10 For each student who, on 1 October of the year preceding the year on which the funding takes place, was enrolled in a special education or special education and special education programme belonging to cluster 3 and 4, intended for the purpose of Law at the centres of excellence In so far as it concerns the special provision of special education, an amount shall be deducted from the aid referred to in the eighth paragraph of the grouping which the pupil is responsible for on the basis of Article 40, 10th paragraph of the Law on Centre of Expertires declared admissible until special education. The amount referred to in the first sentence shall be subject to the pupil's support requirement set out in the statement of eligibility, and shall correspond to one of the standard amounts established under ministerial arrangements.

  • 11 The 10th paragraph shall apply mutatis mutandis to apprentices in residential institutions to whom education was given on 1 October of the year preceding the year on which the expenditure is paid. cooperation agreement as referred to in Article 71c, 2nd paragraph, of the Law at the Centres of Expertid , except that the standard amount, referred to in Article 117, seventh paragraph of that Law is deducted from the funding of:

    • a. The grouping provided by the School or School of Special Education or Special and Secondary Education in Cluster 3 and 4, intended for the purpose of Law at the centres of excellence , where the pupil was registered immediately prior to inclusion in the residential institution, belongs, or

    • b. The grouping in the area of which the pupil is resident, if the student was not enrolled in a school or school for special education or special education immediately prior to the admission to the residential institution; secondary special education belonging to cluster 3 and 4, intended for use in the Law at the centres of excellence .

  • 12 Article 116 shall apply mutatis mutandis to the grouping.


Article 118a. Transfer financing material conservation related to establishment of care structures in transition from pupil to other cooperation

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If: Article 125 The grouping shall also be subject to a share of the funding provided for in the care plan. Article 118 transferred to the Special School of Primary Education. The transfer referred to in the first sentence of the first sentence shall be carried out to the extent to which the ceiling of the goods under the conditions of Article 118, first paragraph Any financing of material conservation granted to the grouping which is linked to the establishment of the care structure on the basis of Article 118, fourth paragraph -It's been transferred.


Article 118b. Reduction of the cost of material conservation in the event of exhaustion of funding for the material conservation

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If the total of the amounts referred to in Article 118, 10th paragraph, first sentence, and 11th member In the case of material maintenance of the grouping referred to in Article 118, eighth paragraph, the amount by which the Minister concerned is exceeded by deducting our Minister from the material funding from all schools and schools for special education and special and secondary special education belonging to cluster 3 and 4, intended in the Law at the centres of excellence , of which one or more sites are located in the area of the grouping. The amount to be deducted per school or school of special education or special and secondary special education of cluster 3 and 4 referred to in the Law on the centres of excellence, as far as it is concerned, is to be deducted from the provided special education determined on the basis of the pupil number of the relevant establishment or establishment in the grouping.


Article 119. Material conservation by owner or competent authority

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  • 1 The competent authority, or the municipality which owns a school building, shall provide the part of the material conservation to which the programmes of requirements, as referred to in Article 2 (2), are intended to be used. Article 114 (a, b) and (c) Related.

  • 2 The competent authority of a special school and the competent authority of a public subsidiary in respect of which Article 85, second paragraph , application has been found and that owns a school building, can be agreed with mayor and aldermen that the municipality is providing, in whole or in part, the part of the material conservation referred to in paragraph 1.

  • 3 The competent authority referred to in paragraph 1 may, with a competent authority which makes use of the provision in housing of the former competent authority, agree that the latter competent authority shall have the authority referred to in the first paragraph of this Article. ensure all or part of the material conservation.

  • 4 Where the municipality owns the school building, the competent authority of a special school and the competent authority of a public subsidiary in respect of which the school building is situated may be Article 85, second paragraph , application has been found, with the municipality agreeing that the competent authority provides, in whole or in part, the part of the material conservation referred to in the first paragraph.

  • 5 The competent authority shall ensure that the part of the material conservation to which the programmes of requirements referred to in Article 114 (d) and (e) Related.


Section 5. Cost of personnel costs

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Article 119a Entry into force of the general measure on the basis of the Articles 120 , 124 , 125 and 132

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The general measure of governance, referred to in Article 120 , 124 , 125 and 132 , shall be submitted to the Second Chamber of the States-General. The measure shall not enter into force after the expiry of 4 weeks after its presentation and shall not, during that period, be notified by or on behalf of the Chamber that the subject governed by that measure is governed by the law. If such a draft law is to take effect, it shall be submitted as soon as possible. The provisions of the preceding three sentences shall not apply if the draft general measure of management has previously been submitted to the Chamber and has been given by or on the Chamber's behalf that of the procedure referred to in the preceding three years. Sentences can be waived.


Article 120. Basic education staff basic schools and special schools for primary education

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  • 1 For the payment of staff, an amount per pupil is granted, the amount being increased by an amount multiplied by the weighted average age of the school's teachers on 1 October of the previous school year. For the school year in which a new primary school or new special school for primary education are opened, respectively, it is multiplied by the estimated nationwide weighted average age on 1 October of the previous school year of the teachers from primary schools and teachers of special schools for basic education.

  • 2 The amounts referred to in paragraph 1 may in any case be determined differently for apprentices:

    • a. From an elementary school in the age of 4 to 7;

    • b. of an elementary school aged 8 years and older; and

    • c. of special schools for primary education.

  • 3 In the case of general management measures, the cases and the conditions under which additional costs may be granted for personnel costs shall be determined. In any case, additional funding is granted for small basic schools, school guidance, the fight against educational background, growth in the number of pupils from primary schools during the school year, and where education is given in a or more secondary sites of an elementary school. The amount of the additional fee shall be determined by or on the basis of a general measure of management.

  • 4 The joint special schools for the basic education of a partnership will also receive funding for support facilities. The aid referred to in the first sentence shall be based on 2% of the number of pupils of all the schools in the grouping on 1 October of the previous year, rounded up by arithmetic to an integer. The number of pupils referred to in the second sentence shall be allocated to the separate special schools for primary education in proportion to the number of pupils of each of those schools on that date. The special school for primary education receives an amount per pupil for each pupil imputed to that school, which is increased by an amount multiplied by the weighted average age of the teachers of that school. school on 1 October of the previous school year.

  • 5 In the case of ministerial arrangements, the amounts referred to in paragraph 1 and the fourth paragraph shall be adopted. The amount per pupil and the multiplying amount of the increase shall be the result of an amount of formation per pupil to be fixed by a general measure multiplied by an amount.

  • 6 In order to determine the amounts referred to in paragraph 5, account shall be taken, in any event, of the evolution of the estimated national weighted average age and the standardised average staff of teachers of primary schools; or special schools of primary education, and detailed rules for determining the weighted average age referred to in the first and fourth Member States and estimated national weighted average age. If additional funding is granted for a particular category of staff, it may be taken into account, by way of derogation from the first sentence, of the average staff of the staff of that category.

  • 7 The financing provided for in paragraph 1 and the financing of small basic schools, school guidance, growth in the number of pupils in an elementary school during the school year and one or more secondary schools of an elementary school, intended in the second the sentence of paragraph 3, which is reasonably sufficient for the management and management of the school, for teaching at the school and for the other activities relating to education at the school.


Article 121. Number of pupils

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  • 2 For the purposes of applying Article 120, first paragraph , for the school year in which a new school is opened and for the following school year, the number of pupils at the school will be held on 1 October following the opening. The first sentence shall apply mutatis mutandis to a section as referred to in Article 85a, first paragraph .

  • 3 For the purposes of applying Article 120, first paragraph The number of pupils of all the schools involved in the aggregation, determined for each school in accordance with the first paragraph, and the weighted average age of the teachers of all the schools concerned, shall apply in the case of aggregation of schools. schools on 1 October of the previous school year.

  • 4 The number of pupils referred to in the first paragraph of the remaining part of the school, referred to in the first paragraph of Article 84a, second paragraph, part b , the number of pupils to be deducted under the second paragraph for the financing of a new school taken into consideration under Article 84a for the financing of the aid is to be deducted.

  • 5 If of the number of pupils referred to in the second paragraph of a new school based on a plan of schools as referred to in Article 4 (2), Article 74 A substantial number of pupils from other schools of the same competent authority are not included in the funding of those other schools on the basis of the first paragraph. A general measure of administration determines the size of the number of pupils, which may vary according to categories of schools.


Article 122. Foundation formation of staff special schools for primary education [ Expestablished by 10-02-2006]

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Article 123. Special costs related to personnel costs

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  • (1) Where special developments in primary education give rise to this, rules on the provision of special costs relating to staff costs may be laid down by Ministerial Regulations.

  • 2 In particular circumstances, the Minister may, at the request of the competent authority of an elementary school under the obligation to impose special obligations on staff, provide for special costs.

  • 3 An application as referred to in paragraph 2 shall be lodged for a maximum period of four months preceding the school year in which the particular circumstances arise and not later than in the school year in which those special circumstances arise. occurred. Our Minister shall decide within four months of receipt of a request referred to in paragraph 2. If the decision cannot be given within a period of four months, the Minister shall inform the applicant accordingly and shall state a period within which the decision may be taken into account.

  • 4 Our Secretary of State may set up a ceiling on the funding referred to in the first and second paragraphs. In that case, rules on the allocation of rules shall be laid down by ministerial rules.


Article 124. Transfer of paid personnel costs to special schools for primary education

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  • 1 If, on 1 February, the number of pupils in the special schools of primary schools in a grouping is more than the number of pupils of those schools on 1 October preceding it, the grouping shall bear the (i) a change per pupil to the amount to be fixed by ministerial arrangement to the special schools for primary education, the amount of which is increased by an amount multiplied by the estimated national weighted average age of teachers of special schools for primary education.

  • 2 If, on 1 February, the number of pupils in the special schools of primary schools in a grouping is more than 2% of the number of pupils at the establishments of the grouping's schools on 1 October of this year, Prior to that, the grouping shall transfer to the special schools for primary education the amount to be determined by ministerial arrangement for each pupil at a special school for primary education above the abovementioned 2% per pupil. shall be increased by an amount which is dependent on the estimated national weighted average age of teachers of special schools for primary education.

  • 3 In determining, pursuant to the first and second paragraphs of the number of pupils in the special schools for primary education, a grouping of pupils in accordance with Article 18a, eighth paragraph, part g , established poll date, are pupils for whom on the basis of Article 125 any transfer is not taken into account from another grouping. The result of the calculation of 2% of the number of pupils in the grouping under paragraph 2 shall be rounded up arithmetic to an integer.

  • 4 [ Red: Expated.]

  • 5 The transfer on the basis of paragraphs 1 and 2 shall relate to the school year following the date of the date referred to in paragraph 2 of the second paragraph.

  • 6 [ Red: Expated.]

  • 7 If the Article 132, first paragraph The aid referred to in this Article is not sufficient to meet the obligations laid down in this Article, and the competent authorities of the joint primary schools in the grouping shall transfer the missing funding to the partnership. The share of the distinguished primary schools in the transfer obligation, referred to in the first sentence, shall be determined in accordance with the rules applicable to them on the basis of Article 18a, eighth paragraph, part h , is included in the cooperative support plan.

  • 8 The amount per pupil referred to in the first and second members and the amount of the increment referred to in the first and second members shall be the result of a quantity of formation to be fixed by a general measure of management. by pupil, multiplied by an amount. In determining the amounts, account shall be taken, in any event, of the evolution of the estimated national weighted average age and the standardised average staff burden of teachers of special schools for primary education.

  • 9 By way of derogation from the first and second paragraphs, the grouping may decide that instead of the national weighted age, the weighted average age of the teachers of the relevant special school shall be used for the purpose of primary education.


Article 125. Transfer of paid personnel costs in the course of transition from pupil to other partnership

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  • 1 The grouping shall transfer to the special school for primary education by pupil a sum to be determined by ministerial arrangement, the amount of which shall be increased by an amount multiplied by the estimated national weighted average amount of the amount of the aid. average age of teachers of special schools for primary education if

    • a. The special school for primary education allows a pupil of an elementary school in the relevant cooperative,

    • b. the special school is not part of the relevant grouping; and

    • c. the grouping has determined that the pupil is assigned to the teaching of a special school for primary education.

  • 2 The amount per pupil referred to in paragraph 1 and the multiplying amount of the increase referred to in paragraph 1 shall be the result of an amount of formation per pupil to be determined by a general measure of management multiplied by an amount. In determining the amounts, account shall be taken, in any event, of the evolution of the estimated national weighted average age and the standardised average staff burden of teachers of special schools for primary education. The general measure of administration, referred to in the preceding sentence, may, for the different school years and subject to the time of admission to the Special School of Primary Education, establish a different amount of formation.

  • 3 The transfer referred to in paragraph 1 shall take place for the first time before the school year following the school year of admission to the special school of primary education.

  • 4 The transfer referred to in paragraph 1 shall not take place if the admission takes place within 6 months before or after a move by the parents of a residence outside the area of the partnership of the Special School of Primary Education to a property within that area.

  • 5 The transfer referred to in paragraph 1 shall end with effect from the school year following the school year in which the student leaves the special school for primary education.

  • 6 Article 124, seventh paragraph , shall apply mutatis mutandis to the transfer obligation referred to in the first paragraph, except that special schools for primary education may also have a share in the transfer obligation.


Article 125a. Reduction of personnel costs in the event of exhaustion of staff funding

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If the total of the amounts referred to in Article 132, fourth paragraph, first sentence, and fifth paragraph In exceeding the staff funding of the grouping referred to in Article 132 (2), the amount by which it is exceeded by deducting our Minister from the staff of all schools, and Special education schools and special and secondary special education related to Cluster 3 and 4, intended to be used in the Law at the centres of excellence , of which one or more sites are located in the area of the grouping. The amount to be deducted per school or school of special education or special and secondary special education of cluster 3 and 4 referred to in the Law on the centres of excellence, as far as it is concerned, is to be deducted from the provided special education, determined on the basis of the pupil number of the relevant establishment or establishment in the grouping.


Article 125b. Transfer of paid personnel costs to schools of special and special education in special and secondary schools

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  • 1 If on 1 February the number of pupils declared eligible by the grouping has been declared eligible for special education and has been enrolled in special education and special education schools belonging to cluster 3 and 4, intended in the Law at the centres of excellence more than 1 October prior to this, the grouping shall transfer an amount to the school in which the apprentice is registered for the difference per pupil. The amount referred to in the first sentence shall be subject to the pupil's support requirement set out in the statement of eligibility, and shall correspond to one of the standard amounts established under ministerial arrangements.

  • 2 The transfer on the basis of paragraph 1 shall cover the school year following the reference date referred to in the first paragraph.

  • 3 If the Article 132, second paragraph This funding is not sufficient to fulfil the obligations provided for in this Article, and all schools and schools for special education and special and secondary schools of cluster 3 and 4, are intended to be included in the Law at the centres of excellence , of which one or more establishments are situated in the area of the grouping, the missing funding shall be left to the grouping. The share of the distinct schools and schools for special education and special and secondary special education, referred to in the first sentence, shall be determined in accordance with the rules applicable to such education and training. Article 18a, eighth paragraph, part j , is included in the cooperative support plan.


Article 126. The cost of replacement of staff on the basis of rules laid down by general management or by ministerial arrangement, staff allowances and temporary work on incapacity for work

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  • 1 The school is to pay for the costs of replacing staff because of rules laid down by general management or by ministerial order and the costs of unemployment benefits. (i) incapacity for work and sickness and incapacity for workers other than on the basis of the Disease law funding.

  • 2 The payments referred to in paragraph 1 have been processed in the amounts and in the multiplication amounts of the increase referred to in the Articles 120 , 123 , 124 , 125 and 132 .


Article 127. Funding for school-specific bottlenecks in personnel provision [ Expestablished by 23-01-2004]

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Article 128. Change in spending costs for school-specific issues in personnel provision [ ExpOffice per 23-01-2004]

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Section 6. Budget for human and labour market policy

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Article 129. Budget for human and labour market policy

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  • 1 By ministerial arrangement, the basis for the volume of expenditure on staff and labour market policies is established. This basis can be established differently for primary schools and special schools for primary schools and for groups of primary schools. In any event, the size of the funding depends on the number of pupils on the count date, depending on the number of pupils in question. Article 121 , and the composition of the apprentice file. In each case, when determining the funding, account is taken of the development of the standardised average staff of teachers of primary schools or of special schools for primary education.

  • 2 Having regard to paragraph 1, the State shall, annually, provide the competent authority of the public and special schools for human and labour market policy.


Article 130. Financing by the State of expenditure on continuing training [ Expelling per 23-01-2004]

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Article 131. Expenditure on continuing training [ Expelling by 23-01-2004]

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Section 7. Personnel funding cooperation

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Article 132. Aid paid for the basis of partnership

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  • 1 Staff funding is granted to the grouping for support facilities. The basis for calculating personnel funding for support facilities is an amount per pupil to be determined by ministerial arrangement for the number of pupils at establishments of primary schools in the grouping. October of the year preceding the year on which the funding takes place.

  • 2 Staff funding is granted in addition to the funding referred to in the first paragraph.

  • 3 Payments as referred to in paragraph 2 shall consist of an amount per pupil to be determined by ministerial arrangement for the number of pupils at establishments of schools in the grouping, on 1 October of the year preceding the year on which the funding is taking place.

  • 4 For each pupil, who was enrolled in a special education or special education and special education school of cluster 3 and 4, as at 1 October of the year preceding the year on which the expenditure is to be paid, Law at the centres of excellence , an amount shall be deducted from the costs of the grouping referred to in paragraph 2, which the student shall have on the basis of Article 40, 10th paragraph of the Law on Centre of Expertires declared admissible until special education. The amount referred to in the first sentence shall be subject to the pupil's support requirement set out in the statement of eligibility, and shall correspond to one of the standard amounts established under ministerial arrangements.

  • 5 The fourth paragraph shall apply mutatis mutandis to apprentices in residential institutions who, on 1 October of the year preceding the year on which the funding takes place, were given education on the basis of a cooperation agreement as referred to in Article 71c, 2nd paragraph, of the Law at the Centres of Expertid , except that the standard amount, referred to in Article 117, seventh paragraph of that Law is deducted from the funding of:

    • a. The grouping provided by the School or School of Special Education or Special and Secondary Education in Cluster 3 and 4, intended for the purpose of Law at the centres of excellence , where the pupil was registered immediately prior to inclusion in the residential institution, belongs, or

    • b. The grouping in the area of which the pupil is resident, if the student was not enrolled in a school or school for special education or special education immediately prior to the admission to the residential institution; secondary special education belonging to cluster 3 and 4, intended for use in the Law at the centres of excellence .

  • 6 The amounts referred to in the first and third paragraphs shall be the result of a quantity of formation per pupil to be determined by general management measure, multiplied by an amount. The amounts referred to in paragraph 1 shall, in any event, take account of the evolution of the average staff burden of teachers of special schools for primary education. The amounts referred to in paragraph 3 shall, in any event, take into account the evolution of the average staff burden of teachers in the special education schools, the secondary special education schools and the general staff of the Special and secondary special education schools.

  • 7 Article 123 shall apply mutatis mutandis to the grouping.


Section 8. Method of financing

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§ 1. Housing

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Article 133. Taxes on immovable property

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The municipality shall pay the competent authority of a school not established by the municipality which is subject to one or more of the following conditions: Article 220 of the Municipal Act taxes on immovable property as regards the amount spent on taxes relating to buildings and land situated in the municipality.


§ 2. Material conservation

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Article 134. Financed by the authority of the competent authority, association and municipality

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  • 1 Subject to the second paragraph, the State shall annually submit to the competent authority any funding for the material conservation to which the programmes of requirements, as referred to in Article 2 (1) of the Treaty, are to be Article 114 , relating to the competent authority, where application has been granted to Article 119, second paragraph In the absence of an agreement as referred to in Article 119, third or fourth paragraph, the competent authority shall transfer the aid granted to the municipality or to the competent authority in so far as it is responsible for the maintenance of material maintenance. She's

  • 2 The State is granted annually to the province of Fryslân for the purposes of material conservation, in so far as it relates to teaching in the Frisian language, intended to be used in the Article 9 (4) . The province of Fryslân is responsible for sharing the funding of the schools concerned in proportion to the number of pupils making use of that education.

  • 3 Basis of financing of the costs referred to in paragraphs 1 and 2 shall be the amounts fixed for the year in question.

  • 4 Basis of financing of expenditure for the expenditure of the provisions of the Article 113 , for primary schools are:

    • a. the school size that is determined normative based on it under the general measure of governance, referred to in Article 69 , normative number of groups of pupils to be housed in the measure of the number of pupils on 1 October of the year preceding the year on which the funding is to be carried out, taking into account the composition of the Pupil stock in the cases and in the manner indicated in the said general measure of management; and

    • (b) the number of apprentices on 1 October of the year preceding the year on which the funding is to take place increased by 3%, rounded down to a full number.

  • 5 For new primary schools, during the period from 1 August to 1 January following the opening, the costs relating to expenditure relating to the provision of services provided for in the first year of the year. Article 113 :

    • a. the school size that is determined normative based on it under the general measure of governance, referred to in Article 69 , normative certain number of groups of pupils to accommodate the number of pupils on 1 October during that period, taking into account the composition of the pupil stock in the cases and in the manner as indicated in the said general measure of governance; and

    • b. the number of pupils on 1 October during that period, increased by 3% thereof, with the result being rounded down to an integer.

  • 6 By way of derogation from the fourth paragraph, the number of pupils from the remaining part of the school, as referred to in Article 4 (2), Article 84a, second paragraph, part b On the basis of which the expenditure referred to in paragraph 4 is based, during the period referred to in paragraph 5, less the number of pupils who, on the basis of that paragraph, shall count for the financing of a new school which is based on Article 84a, First paragraph, for funding has been taken into account.

  • 7 If of the number of pupils as intended Article 121, second paragraph of a new school based on a plan of schools as intended Article 74 A substantial number of pupils come from other schools of the same competent authority, those pupils are not included in the period referred to in the fifth paragraph for the financing of the aid granted. other schools as referred to in this Article. A general measure of administration determines the size of the number of pupils who can vary for categories of schools.

  • 8 If, on 1 March of the year on which the expenditure is paid, the number of pupils with at least one of the general measures of management, referred to in Article 1 (1), is to be Article 69 The number of pupils, which has been increased in relation to the number of pupils, as in the case of the increase in accordance with paragraph 4 (b), and the application of the basis of the base provided for in this paragraph, would not lead to any reduction in funding, its basis for the expenditure relating to the expenditure of the provisions of Article 113 , for primary schools:

    • a. the school size that is determined normative based on it under the general measure of governance, referred to in Article 69 , normative number of groups of pupils to be housed in the measure of the number of pupils on 1 March of the year over which the funding takes place, taking into account the composition of the pupil's stock in the cases and in the manner specified in the said general measure of management; and

    • (b) the number of pupils on 1 March of the year on which the funding is to be carried out.

  • 9 In the event of an aggregation to take place between 1 January and 1 October thereafter, the expenditure relating to the expenditure of the provisions of the Article 113 , of all the schools involved in the merger, maintained until the end of the year in which the merger took place.

  • 10 Where a merger takes place between 1 October and 1 January thereafter, the expenditure relating to the expenditure of the provisions of the Article 113 , of all the schools involved in the aggregation, until the end of the year in which the merger took place, and the financing of the expenditure relating to those provisions for the year following the aggregation, based on the costs of the aggregation. of the expenditure relating to those provisions of all the schools involved in the grouping, as they were in force on 1 October of the year of aggregation.

  • 11 The State is granted annually to the cooperative venture for the purpose of material conservation.


Article 135. Increase in funding under special circumstances

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  • 1 Annually before 1 March, our minister may be asked to increase the funding if, on the basis of the special circumstances of the school in that year, the total amount is not sufficient to cover the necessary expenses of the school.

  • 2 A request as referred to in paragraph 1 may be made only by the competent authority in so far as it concerns the material conservation to which the programmes of requirements, as referred to in Article 2 (1) of the Treaty, are to be Article 114 Related. By way of derogation from the preceding sentence, in case of Article 119, second, third or fourth members , has been applied, the competent authority or the municipality which provides all or part of the material conservation shall submit the request.

  • 3 Our Minister shall reject the application in any case if:

    • (a) the total of the expenditure necessary for the material maintenance of the school in the year for which the programmes have been set shall not be less than or equal to 5% more than the total amount of the expenditure to be provided for that purpose. income,

    • (b) the special circumstances are the result of a circumstance or a deviation from the size of the components of the provision in respect of which the special circumstances would exist, to be given by a general measure of management,

    • (c) the special circumstance is the result of a difference between the price level in any year and the price level on the basis of Article 113 fixed or adjusted amounts; or

    • (d) the competent authority that or the municipality which submitted the request does not demonstrate that it could not have prevented the particular circumstances in any way.

  • 5 [ Red: This member has not yet entered into force.]

  • 6 Our Minister decides within three months. Where technical investigations so require, our Minister may not delay that period for a period of not more than six months.

  • 7 Our Minister may, in connection with the increase referred to in the first paragraph, set up a ceiling. In that case, rules on the allocation of rules shall be laid down by ministerial rules.


Article 136. Financing by the municipality of competent authority

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  • 1 The municipality shall provide the competent authority of a school not established by the municipality which owns a space for the education of physical exercise in the territory of the commune,

    • a. any aid amount determined by Article 117 and the third paragraph , and

    • b. As far as the use of that space is insufficient, an amount to be fixed in accordance with the second paragraph.

  • 2 In so far as no space has been made available as intended for Article 117, first paragraph (a) , the municipality shall, annually, provide the competent authority of a school not established by the municipality which does not own an area of physical exercise education as determined under Article 117, First paragraph (b), and third paragraph (a), and the third paragraph.

  • 4 The number of groups of pupils for special schools of primary education is calculated by dividing the number of pupils on 1 October of the year preceding the year on which the funding is to be carried out by 15 and the outcome of the calculation rounding to an integer value.


§ 3. Staff

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Article 137. Payment of expenditure on personnel costs

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  • 1 Taking into account the Articles 120 and 121 provide the State with the competent authority on an annual basis to cover the costs of personnel costs.

  • 2 In the case of the provision of a special funding as referred to in Article 123 provide the State with the appropriate authority in respect of the amount of these funding.

  • 3 The State shall provide the grouping together with an amount of personnel costs each year.

  • 4 In the case of, or under general management, rules shall be given concerning the payment of the amount referred to in the first, second and third paragraphs.

  • 5 The amount referred to in the first, second and third paragraphs shall be deducted from the amount of income which the competent authority or the association enjoys, either directly or indirectly, because of the amount to be determined by ministerial order. cash benefits or allowances to which the staff may claim.


Article 138. Deductions from deduction items

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  • 1 On the financing provided for in Article 137 , shall be deducted from salaries, allowances, benefits or other contributions to which staff members have been appointed with the passing of staff exercising a similar function or who have applied to a school. of the competent authority, to the extent that the latter staff is in receipt of a statutory unemployment benefit or other severance grant and has been in service of that benefit directly prior to a year of uninterrupted service competent authority. For the purposes of applying the first sentence, in the case of public education, the 'school of the competent authority' shall be understood to mean any school situated within the municipality concerned, with the exception of the school situated within that community. ancillary establishments of which the principal place of business is located in another municipality.

  • 2 The costs of unemployment benefit, incapacity for work, and sickness and incapacity benefits for staff members, other than those on the basis of the aid, are also deducted from the costs of unemployment benefits. Disease law . The first sentence does not apply if the legal person, referred to in the Article 184 In the event of a request by the competent authority, prior to the discharge, it has accepted the charge to the legal person of the cost of benefits or supplements referred to in the first sentence of the first sentence.

  • 3 The first paragraph shall also apply where the appointment has taken place in connection with an appointment to a temporary service in the same function.

  • 4 The staff referred to in paragraph 1 shall be notified to persons who, on the basis of the course of the apprenticeship or after 1 February, resign or who will be appointed on the basis of the course of the apprenticeship, shall be charged with the of which dismissal might arise from entitlement to waiting or any other redundancy payment. By way of derogation from the first sentence, for a period up to the date of entitlement to waiting or any other severance payment, a vacancy may be made without the reduction referred to in the first paragraph.

  • 5 In the case of a ministerial arrangement, the cases in which no reduction as referred to in paragraph 1 shall be made shall be determined.

  • 6 In other cases, our Minister may, on grounds of major reason at the request of the competent authority, decide that the reduction in funding, referred to in paragraph 1, will not apply to the ministerial arrangement referred to in the fifth paragraph. take place. Our Minister shall decide within 4 months of receipt of the request. If the decision cannot be taken within a period of 4 months, the Minister shall inform the applicant accordingly and give a reasonable period of time within which the decision may be taken into account. Only on the basis of special circumstances invoked by the competent authority, our Minister may provide that the decision, referred to in the first sentence, relates to, or also to, a period prior to the date on which the decision was taken. the competent authority has lodged the application referred to in the first sentence.


Article 139. Deduction from deduction of expenditure related to own waiting

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  • 1 Article 138 shall apply mutatis mutandis where the legal person is referred to in the Article 68 , staff shall appoint with the passing of former staff as referred to in Article 138, first and fourth paragraphs , from the legal person or from a competent authority for which services are provided, or not acting in accordance with the provisions of the latter. The former staff referred to in the first sentence shall not be subject to the staff of the competent authority for which services are provided, the service of which has been terminated at a time of more than two years before the beginning of the period of operation. service.

  • 2 In the case of application of the first paragraph, the amount to be deducted shall be equally distributed among the schools for which services are provided.

  • 3 Article 138 shall also apply mutatis mutandis

    • a. Where a competent authority for which services are provided, appoint staff with the passing of former members of the legal person referred to in the Article 68 , and

    • (b) where a competent authority for which no services is performed, shall, in the five-year period following the termination of the service, appoint staff with the passing of former staff as referred to in subparagraph (a).

  • 4 Article 138, second paragraph , shall apply mutatis mutandis where the legal person is referred to in the Article 68 , staff dismisses without prior consent of the legal person referred to in Article 184 , except that the amount to be deducted shall be equally distributed among the competent authorities of which the legal person is intended to be Article 68 It's going out.


§ 4. Municipal policy with regard to human and material facilities

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Article 140. Municipal policy if a municipality itself does not maintain public schools or if public schools are missing

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  • 1 If, in a municipality, only one or more legal persons other than the commune maintain public primary schools or public special schools for primary education or provide public primary schools to special public special schools for basic education is missing and the municipality wants to do expenditure for the education of those schools which are not funded by the Empire, the municipal council by regulation establishes a system for that purpose and is the Articles 142 to 147 Not applicable.

  • 2 The scheme, referred to in paragraph 1, does not distinguish between public and special education and provides for the treatment of basic secondary schools to special schools for primary education in the same standard.

  • 3 The scheme provided for in paragraph 1 shall, in any event, contain provisions which, by the competent authority of a primary primary school in primary school, are not to be maintained by the municipality of the commune. requested and the procedure for the submission of an application.

  • 4 The municipal council may decide that mayor and aldermen may temporarily supplement the scheme, referred to in paragraph 1, with new facilities. The supplement shall be sent within one week to the competent authorities of the primary schools not established by the municipality to special schools for primary education. Within 12 weeks of the completion of the supplement, it is submitted to the local council and decides on its ratification. If the city council has not decided within 12 weeks, the supplement shall be made equivalent to a supplement that has been confirmed. A rejection of the city council's supplement does not affect applications that have already been decided upon or have already been submitted and which concern provisions to which the supplement relates.

  • 6 For the purposes of this Article, a secondary establishment shall be regarded as a secondary establishment situated in the municipality of the principal place of business. The Municipal Council may, in the Regulation referred to in paragraph 1, confer on mayor and aldermen the power to decide, subject to the rules laid down in that Regulation, that secondary branches of schools situated in the commune shall be from which the principal place of business is situated in another municipality, by way of derogation from the first sentence, to one or more of the provisions listed in the scheme.

  • 7 Mayor and aldermen shall publish each year, in a publicly issued sheet or a daily, news or house-to-house, or in any other appropriate manner, a list of the rules provided for under the scheme referred to in paragraph 1, provisions granted.


Article 140a. Municipal policy on the independence of public education in a municipality

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  • 1 If, in respect of one or more public schools held by the municipality, the municipal council decides that it shall end with effect from a date which is situated in the period commendation with a date to be determined by royal decree and ends with effect from the date of commencement of the decision, effect from the ninth calendar year, which will be maintained by one or more legal persons other than the municipality, the scheme may, as appropriate, be Article 140, first paragraph , or the arrangement referred to in Article 141, first paragraph , by effecting such a decision in respect of those schools and by way of derogation from Article 140, second paragraph , or an arrangement under this Article when effecting such a decision in respect of those schools, provision is made for the municipality to reimburse one or more legal persons other than the municipality which those schools maintain. administration, management and administration shall be assigned as indicated in the second paragraph.

  • 2 The allowance, which may be awarded on the basis of paragraph 1, shall be during the first and second calendar year following the date on which the schools referred to in paragraph 1 are no longer to be maintained by the Community. up to 4 times the amount for administration, management and management, on the basis of Article 114, part e , and during the third, fourth and fifth calendar year, up to 3 times that amount.

  • 3 If the City Council decides to no longer maintain schools from a date other than 1 January than the first calendar year referred to in paragraph 2, the part of the calendar year following the date on which the municipality is to be taken by that (ii) no longer maintained schools and the maximum allowance for administration, management and administration for the first calendar year is a proportionate share of the remuneration that can be maximal under the second paragraph. granted.

  • For the purpose of applying the second paragraph, the number of pupils per school is to be based on the number of pupils Article 134 , as in the case of the calculation of the amount for administration, management and administration for the calendar year immediately prior to the time at which the School is no longer maintained and the price level is maintained in that calendar year. The discount on interest receipted from constituted reserves of the programmes of requirements, referred to in Article 114, parts a and d It remains out of consideration.

  • 5 The allowance to be granted under paragraph 1 shall not exceed, in a calendar year, the allowance granted under this Article for the calendar year preceding that year. The first sentence shall not apply in respect of reimbursement for the second calendar year if the compensation for the first calendar year is determined on the basis of the third paragraph. For the purposes of applying the first sentence, the amount returned, as referred to in paragraph 7, shall not be taken into account.

  • 6 The competent authority which maintains a school as referred to in paragraph 1, which was maintained by the municipality before that time, shall present to that municipality and to the other legal persons who have not been granted one or more by the Municipality. to maintain schools in that municipality, annually a statement by an accountant as intended Article 393, 1st paragraph, of Book 2 of the Civil Code on expenditure and revenue for administration, management and administration.

  • 7 To the extent necessary for a school referred to in paragraph 1, the allowance provided for in paragraph 1, plus the allowance paid on the basis of the Article 114, part e In a calendar year not used in full for expenditure on administration, management and administration, the difference between the competent authority referred to in paragraph 6 shall be paid back to the municipal office.


Article 141. Municipal policy as a municipality itself maintains public schools

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  • 1 If a municipality itself maintains one or more public primary schools or public special schools for primary education and it wants to do expenditure on the education of those schools which are not financed by the State, the municipal council can set up a regulation for that purpose by regulation.


§ 5. Overdraft Regulation

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Article 142. Excess amount; condition of non-excess personnel

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  • 1 If, for the benefit of one or more primary schools held by it or by special schools of primary education, a municipality makes more expenditure for its staff and its material conservation than is financed by the State, the compliance with the Articles 142 to 147 the competent authority of the basic schools, not established by the municipality, established in that municipality, provides, for the five years, an amount of overpayment for the basic education at least as a minimum. For the purpose of applying the first sentence, revenue shall be based on: Article 134, second paragraph, second sentence , being equal to the revenue of the Empire. If, from a time within a period of five years as referred to in the first sentence, a municipality does not maintain a primary school of primary school as a primary primary school, the amount of the transfer shall be derogated from that sentence. no later than 31 December of the calendar year following that time at which the municipality ceases to be a school of the holding.

  • 2 For the application of the Articles 142 to 147 Expenditure relating to a secondary establishment shall be regarded as expenditure relating to the principal place of business of the school to which the secondary establishment is linked. Where, for the benefit of a school or a subsidiary establishment, expenditure is incurred by more than one municipality, such expenditure shall be regarded as expenditure incurred by the municipality in whose territory the principal place of business is situated. In the case referred to in the preceding sentence, decisions shall be taken by virtue of the fourth paragraph and of the Articles 143 to 147 taken by the mayor and aldermen of the latter municipality and shall relate to the expenditure of the other municipality or municipalities.

  • 3 For the purposes of the application of the Articles 142 to 147 a secondary establishment in a municipality other than the principal place of business shall be considered to be a secondary establishment situated in the municipality of the principal establishment.

  • 4 Mayor and aldermen may, in accordance with the competent authority of a school not maintained by the municipality, decide that expenditure incurred by the municipality on behalf of one or more schools of that authority is to be taken by the local authority of that authority. any school maintained by it shall not be taken into account in the determination of the amounts specified in the Articles 143 and 144 .


Article 143. Overrun advance

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  • 1 Mayor and aldermen, according to whether primary schools or special schools of primary school are concerned, shall determine each year to what extent they are more or less likely to benefit from the quality of the schools in which they are maintained. expenditure on staff and material conservation will be incurred by the State than by the State. This determination shall be made in respect of the coming financial year and the remainder of the five-year period provided for in Article 142, first paragraph .

  • 2 If, for the coming financial year, more expenditure will be incurred for personnel and material conservation than will be financed by the State, the mayor and aldermen in that financial year shall confer on the competent authority of the non-member state. (i) the municipality of specially established primary schools in special schools for basic education in the municipality, an advance on the amount to be expected, as referred to in Article 4 (1). Article 142, first paragraph If the decision of the mayor and aldermen, as referred to in paragraph 1, indicates that the expenditure referred to above is wholly or partly offset by less expenditure in the remaining years of the five-year period, by means of less expenditure, took account of the determination of the amount of the advance.

  • 3 If the annual provisional determination of the amounts referred to in Article 144, first paragraph It is clear that, by way of derogation from the provisions laid down in the decision of the mayor and aldermen referred to in paragraph 1, more expenditure on personnel and material conservation than is provided by the State, shall be granted by the Mayor. as yet, an advance on the power of the competent authority of the non-commune primary schools in the municipality of special schools for primary schools. In determining the amount of the advance, the second sentence of the second paragraph shall apply mutatis mutandis.


Article 144. Total amount of overrun, expressed as a percentage

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  • 1 If a municipality is to maintain one or more schools, the mayor and aldermen shall, depending on the primary schools or special schools of primary education, determine for the time being, for the time being:

    • a. The total of the amounts spent in the previous calendar year for personnel costs;

    • (b) the total amount of the amounts issued in respect of staff and labour market policies as referred to in the previous calendar year as referred to in Article 129 and for the benefit of school guidance,

    • (c) the total of the amounts issued for the purposes of material conservation during the previous calendar year;

    • d. The total of the revenue referred to in the Articles 116 and 137 , in the previous calendar year,

    • e. the total of the revenue that is based on the amounts paid under Article 129, second paragraph , for the purposes of staff and labour market policies, and adopted for the purpose of school guidance for the calendar year,

    • f. the total of the revenue that is based on the amounts paid under Article 113 for the facilities for material conservation for that calendar year,

    • g. the total of the supplementary revenue for which it is understood to be the amounts corresponding to Article 135 the facilities for the material maintenance of that calendar year have been established,

    • h. the total of the amounts issued in the previous calendar year for the purpose of maintaining a legal person as referred to in Article 4 (1) Article 68 ,

    • (i) the total of revenue under Article 134, second paragraph, second sentence , and

    • j. a State of provisions set up for the purpose of schools maintained by the municipality.

  • 2 Where the municipality adds a part of the revenue referred to in paragraph 1 (d) or part of the revenue referred to in that paragraph to a provision of (f), (g) and (i), that part shall be regarded as an expenditure referred to in that paragraph in the a, as an item of expenditure, as referred to in that paragraph (b), (c) and (h). If the municipality is intended to cover personnel costs, CVT costs, material maintenance costs or the costs of maintaining a legal person as referred to in Article 4 (1) of the Treaty. Article 68 , amounts to be deflated to a facility shall be deemed to be revenue referred to in the first paragraph of point (e) or (f).

  • 3 In determining the amounts referred to in paragraph 1 (c), (f), (g) and (h), expenditure and revenue shall not be taken into account for:

    • a. Administration, management and administration specified in Article 114 (e) ,

    • b. the material conservation of education in physical exercise and

    • c. Material conservation in connection with the application of Article 165 .

  • 4 In determining the amounts referred to in paragraph 1 (a), expenditure relating to staff taken by the municipality with a view to the application of the Article 165 It's tied to a public school. In determining the amounts referred to in paragraph 1 (a), (b), (c) and (h), the expenditure covered by revenue from amounts paid by third parties shall not be taken into account in respect of expenditure covered by expenditure covered by expenditure incurred by the Commission. revenue based on a decision as referred to in Article 1 Article 140, sixth paragraph, second sentence , and expenditure on the provisions for which the competent authority of a school not maintained by the municipality under the scheme, is intended to be Article 141, first paragraph , an application may be submitted to the municipality during the period for which such an application could be made. In determining the amounts referred to in paragraph 1 (a), (b), (c) and (h), expenditure relating to an elementary school shall not be taken into account in respect of the amount which the commune shall transfer for that school on the basis of: Article 118 , Article 124 or Article 125 .

  • 4a When fixing the amounts referred to in point (c) of the first paragraph, provisions which, according to the respective costs of the use of the costs of the use of the costs of the use of the costs of the use of the costs of the use, are subject to a depreciation period of not less than 20 years shall not exceed 20 expenses based on interest based on a notional loan with a maturity of up to 20 years and a straight-line redemption.

  • 5 If the municipality transfers part of the expenditure relating to expenditure related to staff and costs of material conservation to another competent authority, that part shall be regarded as an expenditure referred to in paragraph 1 (a), or part c. Where, by any other competent authority, part of the expenditure relating to personnel costs and costs of material conservation is transferred to the municipality, that part shall be regarded as a reception referred to in paragraph 1 (d), or Section f.

  • 6 Every five years, the mayor and aldermen shall provisionally set out the total of the expenditure and revenue established for the preceding five calendar years, as indicated in the first to fifth paragraphs. If the expenditure is higher than the revenue, the mayor and aldermen shall also determine the amount of the overrun. If, from a time within a period of five years as referred to in the first sentence, a municipality does not maintain a school, the mayor and aldermen shall, by way of derogation from that sentence, as soon as possible after that date. total of the expenditure and revenue recorded during the period of five years prior to that time, as indicated in the first to fifth paragraph.

  • 7 After the closure of the account of the municipality, the mayor and aldermen shall fix the amounts referred to in paragraphs 1 and 6, if necessary. In the case of the second sentence referred to in the second sentence of paragraph 6, the mayor and aldermen shall then express the amount of the excess in a percentage of the total of the revenue referred to in paragraph 1 (d) to (g) and (i). The percentage shall be rounded to two decimal places. Rounding shall be done if the third decimal place is less than 5, and upwards if this decimal place is at least 5.


Article 145. Amount of overpayment for a school not maintained by the municipality

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  • 1 In the year following the final determination, Article 144, seventh paragraph , the amount of excess shall be fixed to which the competent authority of a school not established by the municipality, established in the municipality for one or more years of the relevant period, is entitled. This amount shall be determined by the percentage referred to in point (d). Article 144, seventh paragraph , multiply by the total of the revenue of a school not maintained by the municipality which is based on the amounts paid under the Articles 113 and 137 be fixed for the period in question, except that, in determining the total revenue referred to in the preceding sentence, revenue shall not be taken into account for the purposes of the programmes of requirements for administration, management and administration of the Article 114 (e) , for the material conservation of education in physical exercise and in connection with the application of Article 165 .

  • 2 Where the competent authority of a school not established by the municipality is subject to a proportion of the costs of personnel costs transferred by another competent authority, the total of the revenue shall be determined by the competent authority of the the first paragraph, the second sentence, which does not qualify as revenue in that part of the said school and at the school of the latter authority.

  • 3 If, for a school not maintained by the municipality, a municipality is to preserve the part of the material conservation to which the programmes of requirements, as referred to in Article 2 (2), are Article 114 (a, b) and (c) The following shall be deducted, in whole or in part, to the total revenue of the school in question in respect of which, pursuant to the first paragraph, the amount of the transfer shall be deducted from the total revenue. 3.

  • 4 If, for part of the relevant period, a municipality is to maintain one or more primary schools or primary primary schools for basic education, the amount of the transfer shall be determined in the first place. member, on the basis of the total revenue of a school not maintained by the municipality on a corresponding part of the period in question.


Article 146. Payment of the payment amount to a school which is not maintained by the municipality [ Verfell by 11-05-2001]

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Article 147. Communication and appeal

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A copy of the decisions of the Mayor and of aldermen to determine the extent to which more than less expenditure is incurred shall be sent to the competent authority of schools not maintained by the municipality. Article 143, first paragraph , to the amount of the advance provided for in Article 143, second or third paragraph , and provisional and definitive determination of the amount of the overrun, Article 144, sixth and seventh paragraph . included a state of provisions as intended in Article 144, first paragraph (j) , in which, per calendar year, the evolution of the additions and the detractions to the facilities shall be indicated. The transmission shall take place within 2 weeks of the day on which the mayor and the aldermen have taken a decision as referred to in the first sentence. The competent authority of a school which has not been maintained by the municipality may, in respect of a decision referred to in the first sentence, be set up by Member States in respect of a decision referred to in the first sentence of the said sentence.


§ 6. Utilization potential

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Article 148. Expenditure on expenditure

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  • 1 The competent authority shall use the total of the Articles 129 , 134 and 137 referred to costs of material maintenance and personnel costs only for costs of material maintenance, staff costs of the school or personnel costs incurred in connection with appointment or employment without appointment of staff, as referred to in Article 29, fifth paragraph Or to bear the costs of one of the other schools of that competent authority.

  • 2 The competent authority may enter into the Articles 129 , 134 , 137 and 180a the costs of material conservation and personnel costs shall be used to cover the costs referred to in paragraph 1 for the costs of:

    • a. A central service, a partnership, or any other school;

    • b. A Central Service or a School of Special Education, for secondary special education, for special and secondary special education, an institution for special and secondary special education as intended in the Law at the centres of excellence -whether a central office or a school as intended in the Law on secondary education .

  • 3 The amounts to be transferred shall be used for the purpose of teaching the schools of the competent authority.

  • 4 On the basis of Article 140 or Article 141 the compensation provided shall be paid to the purpose for which it was provided.

  • 5 The grouping shall use the total of the Articles 118 and 132 Costs of material maintenance costs and personnel costs shall be limited to costs related to material maintenance and personnel costs of the support facility.


Article 148a. Investing and Belening

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In the case of ministerial rules, rules may be laid down on the setting-off of funds by the competent authority, the taking up of money loans and the commitment of financial products.


§ 7. Payment of funding

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Article 149. Grant and repayments advance on payments

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In the case of, or under general rules of administration, the granting of advance payments may be laid down for the payment of advances and the repayments of advances paid with the amount of the payments established or parts of those payments.


Article 150. Settlement of claims

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Our Minister is empowered to forgo claims under this Act from or to the authority of a school with claims of or upon our Minister under any other law.


Section 9. Termination of funding

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§ 1. Primary schools

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Article 151. Conceptual determination

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For the purposes of this paragraph, the term 'school' shall mean primary school.


Article 152. Calculation number of pupils

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Where in this paragraph there are a number of pupils, the number of pupils on 1 October of the school year increased by 3%, with the result being rounded down to an integer.


Article 153. End-of-fund school and public school

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  • 1 The financing of a special school shall be terminated and a public school shall be abolished if the number of pupils, in so far as it does not concern the number of apprentices of a secondary establishment, for three consecutive years of school less than the charging standard calculated in accordance with the provisions of the Articles 154 and 155 The following shall apply to the municipality or to the part of the municipality in which the school, including a secondary establishment, is not included. The first sentence shall not apply as long as during the first five years of school the school has not met the number of pupils in the school, in so far as the number of pupils of a secondary school is not the number of pupils of a secondary school. Foundation standard established using application of Article 77, second paragraph , and on the basis of which the school was taken into consideration. The second sentence does not apply to schools as referred to in Article 84 .

  • 2 The charging standards, calculated on the basis of Article 154 , they are listed for the first time in the Annex to this Act. These standards shall be in force until 31 July 1998. These standards shall be adjusted, from 1 August 1998, for a period of five years by ministerial arrangement, on the basis of data from the Central Statistical Office for 1 January of the second year preceding that of the Last year in which the charging standards are in force. The ministerial arrangement, referred to in the third sentence, shall be based on, together with, the system under which the Article 155 established standards for parts of municipalities, before 1 November of the year preceding the last year in which the charging standards are in force, published in the Official Journal.

  • 3 The termination of the financing of a special school or the abolition of a public school shall take effect from 1 August following the three consecutive years of school referred to in the first paragraph. The termination of the financing of a special school or the abolition of a public school in respect of which the first paragraph, second sentence, of the first paragraph, of the first sentence of the school was to be applied during the first five years of the school's funding, shall take effect from 1 August following those 5 years of school.

  • 4 If the number of pupils in a particular school or school, in so far as it is not the number of pupils of a secondary establishment, is equal to the third school year of the three consecutive school years referred to in paragraph 1, whether more than 50 and the school, including an ancillary establishment, within a radius of 5 km from the last school of the direction is the last public school, shall not be granted the financing of the special school closed or the public school was not removed under this Article, provided that the competent authority is in good time the in Article 160, second paragraph , the communication referred to has been made.

  • 5 If within 10 km of a school in which public education is given, by road no school is present within which public education is given and the follow up of public education requires, the former shall be the first to be school is not abolished under this Article.


Article 154. Charging standard

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For each municipality, on the basis of the apprenticeship density in that municipality, a charging standard shall be established according to the following formula:

Charging standard = 0,6 x (apprenticeship densities: (0,15 + 0,0027 x apprentice density))

The result of the calculation is rounded, with the decimals being neglected if the first digit behind the comma is less than 5 and the decimal places are neglected and the number increased by 1 if the first digit is less than the first digit behind the A comma equal to or greater than 5. The maximum charging standard shall be a minimum of 23 and a maximum of 200. The learning density is the result of the number of inhabitants from 4 to 11 years divided in that municipality by the number of km 2 land area of that municipality. If the number of km 2 Of the municipality less than 10 km 2 , for the calculation of the apprenticeship density, is based on 10 km 2 . Apprenticeship density is up to 500.


Article 155. Division of the municipality

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  • 1 Mayor and aldermen may decide, if any competent authority which maintains one or more of the schools in the commune in writing, to agree to it that the territory of the commune was adopted in two of the two areas concerned by that decision. The split is divided in relation to significant differences in the structure and population density between those parts. The boundaries of the parts of the municipality that originated as a result of application of the first sentence coincide with boundaries of areas in that municipality which are included in the annual publication of the Central Statistical Office "The Netherlands". rural district-and neighbourhood division ". The decision shall be taken no later than 2 years before the end of the period up to 31 July 1998, or a 5-yearly period as referred to in Article 10 (2). Article 153, second paragraph ..........................

  • 2 Mayor and aldermen shall inform our Minister, within four weeks of taking the decision referred to in paragraph 1, of that decision, including the delimitation of the boundaries of the two territories, the area of the area. of that and the number of 4-to 11-year-olds residing within them. Upon receipt of a communication as referred to in the first sentence, a separate charging standard shall be established by means of a ministerial arrangement for the two territories. The charging standard for each part shall be determined in accordance with the conditions set out in the Annex. Article 154 On the basis of the number of km, it is understood that the number of kilometres is determined for the determination of the degree of apprenticeship 2 land area of the relevant part, and that the fifth sentence of Article 154 does not apply. The ministerial arrangement shall be based on: Article 153, second paragraph , published and shall apply for the first time to the next five-year period, following such publication.

  • If no competent authority wishes to issue a written declaration as referred to in the first sentence of the first sentence, Mayor and aldermen may ask our Minister to make a decision on splitting up as referred to in the first paragraph. The decision to make such a request shall be taken no later than two years before the end of the period up to 31 July 1998, or a 5-yearly period as referred to in Article 10 (2). Article 153, second paragraph . With regard to the application, the second paragraph of paragraph 1 shall apply mutatis mutandis, provided that the mayor and aldermen also provide the declarations received, together with an indication of the schools of which it is not (i) competent authority did not wish to issue a declaration of assent. If our Minister decides to split the municipality, this decision shall be taken no later than 1 year before the end of the period up to 31 July 1998, or the 5-annual period in which the application was made and the second until the fourth sentence of the second paragraph thereof, mutatis mutandis.

  • 4 The decision of mayor and aldermen refusing to split the municipality, as referred to in paragraph 1, and from a decision of the mayor and aldermen refusing to request a request for a decision of the Council of the European Union a division of that kind to our Minister, any natural or legal person directly affected by it may appeal to the Crown. A refusal to split the municipality shall be tantamount to the failure to take a decision on splitting within 6 months of the date of dispatch of the last declaration by the competent authority, intended to be used for the purpose of splitting the municipality. in the first paragraph. A refusal to submit a split request to our minister shall be treated as not taking a decision within six months of the dispatch of a request to the mayor and aldermen by a competent authority which has one or more competent authority. schools in the municipality is maintained. The action shall be instituted within 30 days of the decision being made public or notified to the person to whom the decision has been taken or within 30 days of expiry of the period of 6 months referred to in the second or third period of application of the decision. Sentence.

  • 5 On the basis of special circumstances arising from land use planning and which were unforeseeable at the time of the decision to split as referred to in paragraph 1 or paragraph 3, the local council may, within the take a decision amending or terminating the division referred to in the first paragraph of 20 years. The first to paragraph 4 shall apply mutatis mutandis. A decision by the municipal council to amend or terminate the split need approval from our minister.


Article 156. Charging standards in the case of changes to the municipal division and at border corrections

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  • 4 The charging standards laid down pursuant to paragraphs 1 and 2 shall replace the charging standards laid down by the first and second paragraphs. Article 153, second paragraph , and Article 155 certain charging standards and enter into force from 1 January following the date of reclassification, as referred to in Article 1 (2). Article 1 (f) of the General Rules Act reclassification Until 31 December following the date of reclassification, schools in the communes involved in the change of municipal or border adjustment shall continue to apply the charging standards applicable on the day preceding the date of reclassification. to the date of the reformat.


Article 157. Average school size; cooperation agreement

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  • 1 Where a competent authority maintains schools in only 1 commune, or, in the case of that municipality on the basis of Article 155 By way of derogation, charging standards are set out in only 1 part of that municipality. Article 153, first to third paragraphs If the school does not terminate a particular school and terminate a public school on the basis of Article 153 if the school has at least 23 pupils, the average size of the school of all the schools of that competent authority shall not be less than 10 /6x of the for that municipality, that part of the municipality is charging standard, or at least 290, and the competent authority is in good time the in Article 160, second paragraph , the communication referred to has been made. If the competent authority indicated in that notice, the average school size shall not be applied by the schools which have been designated by him, which have not been financed by more than 5 years since the beginning of the funding, and of which it has been the number of pupils, in so far as it is not the number of pupils in a secondary establishment, has failed to meet the founding norm on the basis of which the school was taken into account for the financing of the school. The second sentence does not apply to schools as referred to in Article 84 .

  • 2 If a competent authority maintains schools in more than 1 commune, or more than 1 part of a municipality for which it is based on the Article 155 By way of derogation from Article 153, first to third paragraphs If the school has at least 23 pupils and the average school size of all schools of that competent authority is at least 10 /6x, the financing of a special school has not been terminated and a public school has not been abolished under Article 153. the weighted average of the charging standards applicable to each of these municipalities and parts of municipalities, or at least 290, and the competent authority in due time, shall be the Article 160, second paragraph , the communication referred to has been made. The weighted average, referred to in the first sentence, shall be fixed by multiplying the number of schools of the competent authority in each municipality or part of a municipality by the one for that municipality, which is the same as that in which the to share the standard charging standard and the sum of the results obtained by the total number of schools of the competent authority. Where the competent authority indicates, in the first sentence of the notice, that the average size of the school and the weighted average do not count on the schools which have been designated by him, which have not been used since the beginning of the funding, over five years have been paid for and the number of pupils, in so far as they are not the number of apprentices of a secondary establishment, has failed to meet the founding standard under which the school was eligible for funding. ed. Third sentence does not apply to schools as intended. Article 84 .

  • 3 The first and second paragraphs shall apply mutatis mutandis where a competent authority with at least 1 other competent authority has concluded a cooperation agreement, where the following conditions are fulfilled:

    • (a) all schools of each competent authority participating in the Agreement are situated in an area of adjacent municipalities or parts of municipalities as defined in the Convention. Article 155 ;

    • (b) The Agreement has been concluded for a period of at least 10 years; and

    • (c) In any case, the contract shall contain an obligation of any competent authority not to appoint personnel with the passing of staff of one of the schools in which the competent authority is involved in the contract; and

      • 1 °. employed on the basis of the aid granted on the basis of Article 123, second paragraph , due to the aggregation of schools, or

      • 2 °. to the extent that there is no case referred to under 1 ° in receipt of a waiting or other severance payment and has been in service of the competent authority directly to that severance grant for a period of more than one year.

  • 4 The Cooperation Agreement referred to in paragraph 3 may provide that no obligation referred to in paragraph 3 (c) (2) (c) shall exist in cases mentioned in the ministerial arrangement referred to in Article 4 (2). Article 138, fifth paragraph And in cases where our Minister has decided, pursuant to Rule 138 (6), that the reduction in funding, as referred to in Article 138, first paragraph, will not take place.

  • 5 If the Cooperation Agreement referred to in paragraph 3, before the expiry of the period referred to in paragraph 3 (b), is terminated by a competent authority, the financing of a special school based on the conditions of the cooperation agreement by derogation from Article 153, first to third paragraphs By way of derogation from the first to third paragraph of Article 153, a public school which was granted under the Cooperation Agreement shall be abolished in accordance with Article 153, subject to the conditions of Article 153 of the Cooperation Agreement. the school would not cease to be abolished before 1 August following the termination of the cooperation agreement. When the Cooperation Agreement expires before the end of the period referred to in paragraph 3 (b), any aid granted to the School of Schools of any competent authority which took part in the Cooperation Agreement shall be subject to the Amount withheld, the amount of which is determined by means of a scheme to be determined by a general measure of management.

  • 6 A competent authority may only take part in a cooperation agreement as referred to in the third paragraph. In case of participation in more than one cooperation agreement as referred to in the third paragraph, only the first cooperation agreement concluded shall be important for the purposes of this Article.


Article 157a. Minister Discretion

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  • 1 The competent authority of a school based on the average size of school, intended to be used in the Article 157, first, second or third paragraphs By way of derogation from the year 1 October, the Minister may, by way of derogation from the Commission, apply for a derogation from the Commission's decision. Article 153, first, second and third paragraphs -to continue to pay for that particular school or to maintain that public school for a period to be determined by our Minister. In any event, a conservation decision shall not be taken if the quality of school education provided for in the Education Supervision Act is insufficient or there is no prospect of a structural increase in the number of pupils in the School. the school up to the number of at least 23 on 1 October prior to the date on which the term to be determined by Our Minister ends. The presence of primary schools in the vicinity of the school may also involve our minister in his decision.

  • 2 A request as referred to in paragraph 1 shall, before 1 February prior to the date of termination of the financial aid, be made in writing to our Minister. The request shall be accompanied by information to support the perspective referred to in paragraph 1, a forecast of apprenticeship training and information on the location of the school in relation to the nearest basic schools.

  • 3 Our Minister shall decide before 1 May next to the request referred to in paragraph 2, which shall:

    • a. With effect from 1 August of the following school year, the financing of the special school shall be terminated or the public school shall be abolished; or

    • From 1 August of the following school year, the financing of the special school shall be continued or public school shall be maintained.

  • 4. Our Minister may, at the request of the competent authority, extend the time limit laid down in paragraph 1, on a single time, by a maximum of the duration of the period laid down by him on the basis of the first paragraph in respect of the School. The second and third sentences of the first paragraph shall apply mutatis mutandis.


Article 158. Termination of financing or elimination of secondary establishment

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  • 1 The sale of a specific secondary establishment shall be terminated or a public branch shall be dissolved if the parallel establishment has not been fulfilled or is deemed not to have been carried out for three consecutive years on the date of 1 October Compliance with one of the following conditions:

    • a. The number of apprentices of the secondary establishment is at least 23 and within a radius of 2 km is not a school;

    • (b) the number of apprentices of the secondary establishment is at least 50 and within a radius of 3 km no school where education is provided from the same direction or directions of teaching where public education is provided,

    • c. the number of apprentices of the secondary establishment is at least 23 and within a radius of 5 km no school where education is provided from the same direction or directions of education where public education is provided,

    • d. Within 10 km of the public secondary site on the road measured, no other school is present within which public education is provided; or

    • e. in equating the secondary establishment with a self-employed school, it would apply to Article 157 and, under the replacement of the number 290 of that article by 260, eligible for funding.

  • 2 The termination of the financing of a special ancillary establishment or the abolition of a public secondary establishment shall take effect from 1 August following the three successive years of school referred to in paragraph 1.

  • 3 If the authority considers that one of the conditions of the first paragraph is met on the date of 1 October and is intended to maintain the secondary establishment in the school year next year, it shall be informed by 1 February of this year. prior to that school year, on the basis of a reasoned statement of the condition relating to it in writing to our Minister. If this communication is not made in due time, the ancillary establishment shall be deemed not to meet one of the conditions of the first paragraph during the relevant school year, unless the first paragraph, point (d), applies.

  • 4. Our Minister shall announce before 1 May, following the communication referred to in paragraph 3, the competent authority of the school concerned that:

    • (a) the secondary establishment, in its judgment for three consecutive years of school on the date of 1 October, has not been satisfied or is deemed not to have met one of the conditions laid down in paragraph 1 so as to cover the financing of the special the ancillary establishment must be terminated or the public secondary establishment should be abolished,

    • (b) the secondary establishment does not, in its judgment, meet one of the conditions laid down in paragraph 1 but, having regard to the first paragraph, continue to finance the particular secondary establishment or to maintain the public branch of the secondary establishment; held, or

    • (c) the secondary establishment, in its judgment, fulfils one of the conditions laid down in paragraph 1, so that the financing of the special ancillary establishment may continue or the public secondary establishment may be maintained or should be maintained.


Article 158a. Termination of funding or discontinuations of international basic education

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  • 1 The financing of an internationally oriented basic education department at a special school shall be terminated or a public school branch of an international orientated education shall be abolished if the number of pupil of the department for three consecutive years of school on the date of 1 October each time less than 30. The first sentence shall not apply as long as the number of pupils in the section is less than 80 during the first 5 years of service of the department.

  • 2 The termination of the financing of a branch of an internationally oriented primary school in a particular school or the removal of an international education department for the primary education of a public school shall take effect with effect from from 1 August following the 3 consecutive school years referred to in the first paragraph. The termination of the financing of a section for the international education of basic education in a particular school or the removal of an international education department for the primary education of a public school in respect of which the during the first five years of the expenditure of the section, the first paragraph, second sentence, shall apply from 1 August following those 5 years of school.


Article 159. Voluntary removal of public school or secondary establishment

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  • 1 The City Council may decide to reduce the number of public schools and ancillary establishments held by the municipality.

  • 2 The public legal person referred to in Article 47 , or the foundation, intended in Article 17 or 48 , it may decide to remove a public school or an ancillary establishment, which is maintained by that public legal person or foundation. A decision to terminate shall be communicated to the local council no later than 1 August of the school year preceding the intended date of removal. If, before 1 February, the municipal council decides that it wishes to maintain the school, it shall not be removed, but shall be transferred to the municipality.


Article 160. Publication on termination of finance school and school

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  • 1 If, in the opinion of Our Minister, the funding of a special school should be terminated or a public school should be abolished, our Minister shall make this before 1 January prior to the date of termination of the School. The abolition of the school is known to the authority of the competent authority.

  • 2 Where, in the judgment of the competent authority, there is an exceptional situation as referred to in the Article 153, fourth or fifth paragraph , then Article 157 The competent authority shall notify our Minister in writing before 1 February prior to the date of termination of the funding. A general measure of management shall specify the data to be submitted to that communication.

  • 3 In so far as Our Minister has not already disclosed that he is leaving the notice referred to in paragraph 2 for failure to provide the required information, he shall, before 1 May following the communication, shall, as a result of the communication, be Second member, known to the competent authority of the school concerned that:

    • (a) in its opinion, does not constitute one of the exceptional situations referred to in paragraph 2, and that, with effect from 1 August of the following school year, the costs of the special school should be terminated or the public school should be terminated; are removed; or

    • (b) from 1 August of the following school year, the financing of the special school shall be continued or the public school should be maintained.

  • 4 If, as of 1 May following the communication referred to in paragraph 2, our Minister has not made a notice as referred to in paragraph 3, the financing of the special school shall be taken from 1 August of the following school year. continued, or the public school should be maintained as from the latter date.


Article 161. Number of pupils

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  • 1 The competent authority shall forward for 15 October next to the date referred to in Article 152 , to our minister, a list of the number of pupils. If this task is not made before that date, our Minister shall inform the number of pupils, if such data are necessary for the continuation or termination of the aid, of its own motion. An indication of the number of pupils on or after 15 October to our minister does not affect the number of pupils established of their own motion in so far as it concerns the termination or non-termination of the funding of a special school or subsidiary establishment Whether the removal or maintenance of a public school or a secondary establishment.

  • 2 Our Minister shall designate the competent authority in advance of the date on which the date is to be taken. Article 152 , under the obligation referred to in the first sentence of the first paragraph.


§ 2. Special schools for primary education

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Article 162. Reduction in the number of public special schools for primary and secondary education

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Article 159, first paragraph, and second paragraph, first sentence , shall apply mutatis mutandis to special schools for primary and secondary education.


§ 3. Other provisions

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Article 163. Transfer of buildings, land and movable property

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  • (1) If the financing of a special school or subsidiary is terminated or the competent authority decides to abolish the school or subsidiary, or a public branch in respect of which it is to be Article 85, second paragraph , or Article 89, second paragraph It shall cease to apply, shall end the right to the building and territory, and all movable cases, except those which have acquired the competent authority from its own resources, shall be located at the municipality in whose territory the building and premises are located. are located, transferred.

  • 2 Article 110, first to fourth paragraphs , shall apply mutatis mutandis, except that in the declaration under paragraph 1 and the decision under the second paragraph as the date on which the competent authority has ceased, or will permanently cease, the building or territory for the school to be used, it shall be referred to as the date on which the funding has been terminated or will end.


Article 163a. Repayments

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  • (1) If the financing of the last special school of a competent authority is terminated or the competent authority decides to abolish the last school or the final public school is abolished, the competent authority shall pay the unspent funding amounts back to the relevant public purse.

  • 2 The operating deficit shall be borne by the competent authority in the cases referred to in the first paragraph.

  • 3 In the case of a general measure of management, rules may be laid down as to how the operating surplus referred to in the first paragraph is calculated.


Article 163b. Designation

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  • 1 If there is maladministration by one or more directors or supervisors, our minister may give a lead to the legal person who maintains the school or to give the partnership a lead. A designation shall include one or more measures and shall be proportionate to the purpose for which it is to be given.

  • 2 Under maladministration, it is understood only:

    • a. Financial mismanagement;

    • b. serious negligence to, at least in violation of Article 10 , to take measures necessary to ensure the quality and good progress of school education and to prevent the quality of the primary education system from being compromised,

    • (c) unjustified enrichment, whether or not intended, of the legal person who maintains the school or the grouping, itself or a third party, or

    • d. Unlawful act, which is understood to mean acting in the capacity of a driver or supervisory authority, contrary to legal provisions for the benefit of the legal person which maintains the school or the grouping, itself or a third party; and

    • e. to a serious extent neglect of the care of what is being claimed by reasonableness and fairness in dealing with those involved in the school organisation, including harassment or threat to staff, pupils or parents by a driver or supervisor.

  • 3 In the designation, our Minister shall state the reasons on which there is an instance of maladministration and the measures to be taken in relation to them.

  • 4 An indication shall include the time limit within which the authority or the grouping must comply with the designation.


Article 163c. Collaborative Job Neglect

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  • 1 If, in the opinion of our Minister, the grouping seriously neglects his task, a date to be determined by royal decree will enable our Minister to take the necessary provisions.

  • 2 The provisions shall not be taken earlier than once the grouping has been given the opportunity to carry out his duties properly after the grouping has been given the opportunity to do so.

  • 3 The first and second paragraphs shall apply mutatis mutandis where the competent authority is referred to in the Article 18a, second paragraph , do not or do not comply in good time with the obligations referred to in that Article.


Article 164. Deductions from expenditure

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  • 1 Where the competent authority of a school or of the grouping is in breach of or under the terms of this Act, including the failure to follow a designation as referred to in Article 4 (2), Article 163b Our Minister may provide that any financing, including advances, is to be retained or suspended in whole or in part.

  • 3 Our minister knows the funding once again, if it appears that the reason for the application of the first or second paragraph has expired.


Article 164a. Measures

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  • 1 If the quality of the teaching or the quality of the administration fails to achieve serious or long-term shortcomings, the Minister may, at the request of the competent authority of a school or of his own initiative, take action in accordance with the powers of the competent authority.

  • 2 To the measures referred to in paragraph 1, the possibility of assisting the administration of the institution shall be an external expert. Additional financial resources may also be made available to the institution under terms of conditions.

  • 3 Our Minister proposes further rules on the allocation of, and responsibility for, measures to the extent that they concern the provision of financial resources.

  • 4 The first, up to and including the third paragraph shall apply mutatis mutandis to the quality of the activities of the grouping and the quality of the grouping's management.


Article 164b. Discontinuation of a period of serious or long-term failure in quality

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  • 1 If there is a situation as referred to in Article 10a, first paragraph Our Minister may decide that a public school should be abolished as from a date specified in that decision and that the financing of a special school will be terminated.


Section 10. Educational background policy

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Article 165. Activities for pupils with a large backlog in the Dutch language

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If mayor and aldermen wish to engage in activities to promote the mastery of the Dutch language in schools, in cooperation with the competent authorities of the schools, with a view to preventing and fighting Educational institutions, education is designed to ensure that these activities take place in whole or in part during or outside the number of hours of schooling that pupils are given on the basis of Article 8 At least. A pupil shall take part in these activities only if, after the parents of the apprentice have given their consent in writing to the competent authority.


Article 166. Pre-school education

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  • 2 [ Red: This member has not yet entered into force.]


Article 166a. Activities for pupils with a large backlog in the Dutch language outside regular school age [ Expired by 01-08-2010]

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Article 167. Pre-school education appointments

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  • 1 Mayor and aldermen shall conduct at least annual consultations and shall ensure the making of agreements on:

    • a. In order to ensure the greatest possible participation of the number of children in pre-school education:

      • 1 °. determining which children at risk of a disadvantage in the Dutch language will be eligible for pre-school education;

      • 2 °. the way in which these children are directed to pre-school and early school education; and

      • 3 °. the organization of a continuous line from pre-school to early school education; and

    • b. Results of early school education.

  • 2 Mayor and aldermen conduct consultations and make the arrangements, referred to in paragraph 1, with the following parties:

    • a. for the first paragraph, part a: with the competent authority of schools and the holders of children's centres or playrooms as referred to in the Law childcare and quality standard playrooms in the commune,

    • b. For the first paragraph, part b: with the competent authority of schools.

    All parties cooperate in the conclusion of the agreements.

  • 3 A holder of a children's centre or playroom processes personal data with the aim of promoting a good flow of electricity to primary education. The data requiring a children ' s centre or playbook holder to transfer to the competent authority of an elementary school about pupils enrolled in primary school are the programme of pre-school education that a pupil has. has been following and the duration of the program that has been followed. Holders of children ' s centers or preschool playrooms make arrangements with the elementary schools within a municipality on the mode of data suspension. The retention period for the transferred data shall be two years after the child has left the children's centre or playroom.


Article 167a. Consultation on educational background and policy

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  • 1 Mayor and aldermen and the relevant authority institutions of schools and childcare, intended in the Childcare law In the municipality, at least annually consultations on the prevention of segregation, promotion of integration and the fight against educational background, reconciliation of tendering and admission procedures, and from the consultation process, are to be conducted. (i) a proposal by the competent authority of schools established in the municipality to achieve a balanced distribution of pupils with educational background on schools. Consultations shall focus on the making of agreements on the subjects referred to in the first sentence. These agreements have as much as possible the character of measurable objectives. The inspection shall report annually on the extent to which those targets are achieved. Mayor and aldermen can convert the outcomes of the mandatory agreement-based consultation into binding agreements on, inter alia, the performance and efforts to be achieved, which-before the agreement is reached-to all parties are submitted. If the consultation on the proposed binding agreements does not lead to agreement, the mayor and aldermen shall write a new consultation, taking initiatives to reach the greatest possible consensus. If such consultations do not lead to agreement, the mayor and aldermen or one of the competent authorities of authority to the arbitration board referred to in the second paragraph shall request a binding opinion. The arbitration board shall deliver a binding opinion to the mayor and aldermen, or to the competent authority which requested the opinion, within a period of 4 weeks. Mayor and aldermen make this advice known to the relevant authority institutions of schools and childcare, intended in the Childcare law in the municipality.

  • 2 Our Secretary of State proposes a dispute resolution committee.

  • 3 The committee consists of a chairman and 4 members, all appointed by our minister. The 4 members are appointed on a proposal from the joint storeorganisations and the Association of Dutch Municipalities. The chairman is a lawyer.

  • 4 The President and the Members shall be appointed for a term of 4 years. They shall be renewable again. They are hereby dismissed on their own request.


Article 168. Communes perseverance

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If not within a reasonable period of time with all the parties, Article 167, second paragraph , agreements as referred to in Article 167 (1) have been made, Mayor and aldermen may extend to the Parties the scope of the agreements reached, as far as is necessary for a coherent educational background policy, provided for in Article 167, second paragraph, with which no agreements have been made.


Article 168a. Municipal funds

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  • 1 In the case of a general management measure, the criteria laid down for the eligibility of a municipality for a specific benefit to meet the costs of the execution of the obligations shall be determined by a municipality. Articles 165 , 166 and 167 , as well as the criteria for their height. The benefit shall be granted on a calendar year basis.

  • 2 Mayor and aldermen shall provide the municipality's own resources as a specific benefit for the obligations referred to in the first paragraph to the legal persons eligible for such a payment.

  • 3 Our Minister may recover the benefit in whole or in part if the benefit has not been spent in accordance with the provisions of this Law. The general measure of management referred to in paragraph 1 shall establish criteria on the basis of which the Minister may proceed with recovery.

  • 4 Mayor and aldermen of a municipality receiving a benefit as referred to in paragraph 1 shall ensure that they dispose of ordered data for the purposes of the policy to be implemented by our Minister. Articles 165 , 166 and 167 , and, upon request, cooperate with any investigation, whether wholly or partly based on this information, to be carried out by or on behalf of our Minister.

  • 5 In the case of, or under general management, detailed rules may be laid down on the definition, method of ordering and on the provision of the information provided for in paragraph 4.


Article 169. Data Transmission [ Expired per 01-10-2012]

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Article 170. Job Neglect [ Expired per 01-10-2012]

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Section 11. Reporting and information

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Article 171. Annual report

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  • 2 In the case of a general measure of management, the parts to be included in the annual report may be determined, or the parts to be deleted.

  • 3 In the case of or under general management measures, details may be given to the parts referred to in paragraphs 1 and 2, and detailed rules may be laid down on:

    • (a) the classification and method of organization of the data per component of the annual report;

    • b. the manner and timing of the making available of the components concerned;

    • (c) the electronic transmission of the numerical part from the annual accounts; and

    • d. The bases for the annual accounts.

  • 4 The provision of the information referred to in point (b) of paragraph 3 shall be accompanied by a statement of fidelity and lawfulness issued by an auditor appointed by the supervisory authority or by the supervisory board, as a result of: Intended in Article 393, 1st paragraph, of Book 2 of the Civil Code . At the discretion of the auditor, the supervisor or supervisory board shall check that the audit is carried out in accordance with a protocol to be established by our minister and that the Minister should give an insight on the request provided in the audit reports of the auditor.

  • 5 The code for good administration referred to in paragraph 1 (a) shall contain at least the details of the manner in which it is to be implemented.

    • a. policy that will bring the staff's own expertise and responsibility for the quality of education to its right;

    • b. An integer business operation, including provisions to counteract conflict of interests; and

    • c. Reconciliation with and accountability to parents and other stakeholders within and outside the school.

  • 6 In the case of a general measure of management, a code for good governance may be designated.


Article 172. Information on funding

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  • 1 The competent authority shall ensure that it has, for the purposes of our Minister, ordered records of interest for the calculation of the level of funding and a statement of information. on the correctness of the financing data issued by an auditor appointed by the supervisory authority or by the supervisory board as referred to in Article 393, 1st paragraph, of Book 2 of the Civil Code .

  • 2 In the case of, or under general management, detailed rules may be laid down concerning the definition, method of ordering and the provision of the data referred to in paragraph 1.

  • 3 The competent authority shall keep the grouping of information, referred to in paragraph 1, and the relevant books and records for a period of seven years.


Article 173. Operational information

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  • 1 The competent authority shall ensure that it has ordered and ordered data for the purposes of the education policy provided by our Minister with regard to education provided for in this Act. if requested, cooperate with any investigation based on or on behalf of our Minister that is wholly or partly based on this information.

  • 2 In the case of, or under general management, detailed rules may be laid down concerning the definition, method of ordering and the provision of the data referred to in paragraph 1.


Article 173a. Use of municipal funds for language support [ Expired by 01-08-2004]

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Article 174. Requirements Scope

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The rules referred to in Article 171, third paragraph , Article 172, second paragraph , and Article 173, second paragraph , do not refer to the person's number of a pupil or to the other particulars referred to in the Annex. Article 178a, second paragraph .


Article 175. Research because of the Minister [ Expired by 01-07-2012]

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Article 176. Adequacy aspects of, and supervision of, immigrant living languages by legal persons as referred to in Article 171, fourth paragraph, point (c) [ Expired per 01-08-2004]

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Section 11A. They-inflows into the profession

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Article 176a. Conceptual provisions

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For the purposes of this Section:

  • a. higher education institution: an institution of higher education as referred to in Article 1.1 (g) of the Higher Education and Scientific Research Act;

  • Institution management means the institution management system referred to in Article 1.1 (j) of the Higher Education and Scientific Research Act, except that in so far as public institutions are concerned, Article 9.2, second paragraph, 10.9, Second paragraph, and paragraph 2, second paragraph, of that Act shall apply mutatis mutandis.


Article 176b. Fitness statement

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  • 1 To the person who, as evidenced by a fitness examination as referred to in Article 176c, is deemed to be sufficiently suitable for the profession of teacher and capable of being able to be regarded within two years of appointment or employment without appointment as a teacher with good take part in the examination referred to in Article 176f, the Steering Board of an institution which has been approved under Article 176th shall issue a fitness statement.

  • 2 A suitability declaration model shall be established by ministerial arrangement.


Article 176c. Fitness testing

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  • 1 Eligibility examination shall be carried out on application by the competent authority which intends to appoint the person concerned without appointment, or at the request of the person concerned himself, under the responsibility of the administration of an institution On the basis of Article 176th is acknowledged. That institution's board of directors shall include in the review the competent authority which intends to appoint the person concerned or to be employed without appointment, or where the person concerned submits the application itself, shall have a competent authority to that effect in accordance with the conditions laid down in Article 2 of the Regulation. Person is invited.

  • 2 The fitness test shall comprise:

    • (a) the assessment of whether the training received and the social or professional experience of the person concerned, taken together, are of sufficient importance in relation to the work of the school concerned, and where that is the case

    • (b) the examination of the appropriateness of the person concerned for that work, which is in any case included in the assessment of whether the person concerned is able to provide responsible teaching in the actual class situation, and

    • (c) the assessment, which training and guidance for the person concerned must be considered necessary in order to be able to participate properly in the examination of competence.

  • 3 The application for the fitness examination shall show that the person concerned is in possession of:

  • 4 The study referred to in point (b) of the second paragraph shall aim to establish whether the person concerned has sufficient knowledge, knowledge and skills to be able to be entrusted with the provision of education meeting the requirements of this Article. quality requirements, taking into account that in the period of appointment or employment, the person concerned will be accompanied without appointment and will be further trained in order to participate properly in the examination of competence. The knowledge and skills referred to in the first sentence and the understanding referred to in that volzin are derived from the Article 32a, first paragraph These are the competence requirements and include in particular professional skills.

  • 5 The fitness test shall be arranged in such a way as to include in equal measure:

    • a. Persons who have been entrusted or charged with giving education to a teacher training program, as well as

    • (b) teachers in the relevant trade or professional area, other than members of the staff of the competent authority involved in the evaluation of fitness for use.

  • 6 For the purpose of carrying out the fitness examination, the applicant shall be liable to the institution which will carry out the examination, to a contribution to be determined by ministerial arrangement.


Article 176d. Implementation of training and guidance

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  • 1 The institution board of a higher education institution carrying out activities referred to in point (a) of the first paragraph of Article 176g shall be a party to the agreement referred to in Article 38a (1) of this Article.

  • 2 If, after the conclusion of that agreement, it appears that the training or guidance cannot be carried out under the contract, the setting of institutions shall be sufficient to provide an adequate substitute for such institution.


Article 176th. Conduct proficiency check

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  • 1 Our Secretary of State may, upon application by the Board, recognize an institution as competent to carry out or under his responsibility to conduct the fitness survey. Recognition shall take place where the Steering Board, in its application, demonstrates to the satisfaction of our Minister that the institution will carry out the fitness test independently, with an expert and reliable authority. Rules governing the application of the second sentence, including rules on the treatment and assessment of the application, may be adopted by a general measure of management. An approved body shall also have the power to make declarations of fitness on the basis of the fitness check and to submit proposals on necessary training and guidance, taking into account the requirements of the competent authorities. Article 176c, second paragraph, point (c) .

  • 2 For the purpose of the examination of applications for recognition, our Minister may require a contribution from the Board of the Institution to be determined by ministerial arrangement.

  • 3 Our Minister may withdraw recognition if the institution referred to in the first paragraph, in the opinion of Our Minister, will no longer carry out the review of the suitability of the fitness for use of it independently, in a competent or reliable way.


Article 176f. Competence examination

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The examination of competence shall be designed to establish whether the teacher meets the requirements of competence referred to in Article 32a, first paragraph, for the education for which those requirements have been established.


Article 176g. Implementation of training, guidance and aptitude test

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  • 1 The setting-board of a higher education institution leading to the fulfilment of the standard of competence referred to in Article 32a, first paragraph, and which has been notified by our Minister to that effect, shall be subject to that notification and subject to the production of a plan of approach, competent to:

    • (a) taking care or taking care of the training and guidance provided for in Article 176c, second paragraph, point (c), in so far as they are related to training provided by the institution; or

    • carrying out or under his responsibility to carry out a proficiency check, in so far as the institution leads to the relevant certificate, or

    • c. both the activities referred to under (a) and (b).

  • 2 The institution board of a higher education institution responsible for conducting the proficiency check pursuant to paragraph 1 (b) shall set up the teacher who has reported to do so, and for whom training and mentoring are to be performed. shall be finalised in accordance with the agreement referred to in Article 38a, in good time to take part in the investigation.

  • 3 The setting board may provide that the applicant for the proficiency check shall be required to contribute to that management for carrying out that examination. In the case of ministerial arrangements, a ceiling may be fixed for this contribution.


Article 176h. Quality assurance; penalties

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  • 1 The management referred to in Article 176th and the Steering Board referred to in Article 176g shall ensure the quality of the institution's work.

  • 2 Our minister may deprive an institution of one or more of the powers referred to in Article 176th or Article 176g, first paragraph, if it has been shown that the quality of the exercise thereof is inadequate or if it is not or is no longer satisfied to this end and under this law. Article 6.10, fourth paragraph, of the Law on Higher Education and Scientific Research shall apply mutatis mutandis in respect of the taking-off.


Article 176i. Implementing rules

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  • 1 In the case of, or under general management, detailed rules for the implementation of Article 176c, second paragraph b, and fourth paragraph shall be laid down.

  • 2 In addition, rules for the implementation of this section may also be laid down by or under the general measure of management referred to in paragraph 1, including, in any case, rules governing:

    • a. ensuring the quality of the fitness survey and of the institutions carrying out that research;

    • (b) training and supervision, and the examination of competence, including quality assurance, and

    • c. the procedure for applying for the fitness examination and for the issue of the fitness certificate.

  • 3 The general measure of management referred to in paragraph 1 shall be submitted to the two Chambers of the States-General. The measure shall not enter into force after a period of four weeks has elapsed after the production has expired and shall not be required by or on behalf of one of the two Chambers to ensure that the subject governed by that measure is governed by the law. If such a proposal is made, a legislative proposal shall be submitted as soon as possible.


Article 176j. Duty of intelligence

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The Board referred to in Article 176th and the Steering Board referred to in Article 176g shall forward to our Minister all the information which it considers necessary for the purpose of proper compliance with this Section. The Steering Board shall forward the inspection of the education to a list of proficiency certificates and proficiency checks issued during that period each time six months after the date of the present day.


Section 11B. Experiments

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Article 176k. Space for innovation

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  • 2 In case of application of paragraph 1, a general measure of management shall, in each case, determine:

    • a. the purpose of the experiment,

    • (b) the manner in which the rules referred to in paragraph 1 are derogated from;

    • c. the duration of the experiment; and

    • d. by which manner and on the basis of which criteria the effects envisaged with the experiment are to be evaluated.

  • 3 In the case of ministerial arrangements, rules may be laid down on the implementation of an experiment.

  • 4 An experiment lasts for a maximum of six years, unless a longer duration is necessary given the special nature of the experiment. The duration of the experiment shall be determined for a maximum period of eight years. If a proposal of law has been submitted to the States General to convert the experiment into a structural legal arrangement, before an experiment has ended, Our Minister may extend the experiment until the time when it is Bill to law is elevated and comes into effect.

  • 5 Our Minister shall send to the States-General a report on the effectiveness and effects of the experiment in practice three months before the end of the term of operation of a general measure of management referred to in paragraph 1. as well as a position on the continuation of that general measure of governance, other than a continuation as an experiment.

  • 8 The nomination for the general measure of management referred to in paragraph 2 shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.


Section 12. Other provisions

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Article 177. Reduction of debt due to negligence or negligence

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  • 1 Our Minister may provide that no or only a partial payment shall be granted for expenditure incurred as a result of the guilt or negligence of the competent authority.

  • 2 Where the expenditure referred to in paragraph 1 is eligible for financing by the State, the State shall enter into all the rights which the competent authority may have against third parties at the time of an explicit decision to finance it.

  • 3 If the municipality has entered into a collective insurance for compensation for damage caused to buildings, land or movable property of a school which is not maintained by the municipality, it shall have jurisdiction over the school in respect of the municipality no claim for compensation of such damages, to the extent that such collective insurance covers the damage.

  • 4 If damage, arising from buildings, land or movable property of a school not maintained by the municipality for reimbursement is considered by the municipality, the municipality shall enter into consideration at the time of an express decision. in all the rights which the competent authority may have against third parties in respect of such damage.


Article 178. Mandatory authority and municipality [ Expandable by 01-01-2005]

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Article 178a. Use of personal number by competent authority

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  • 1 The competent authority may use the person's personal number in the course of traffic with the apprentice to whom the number relates, or to the parents of that pupil.

  • 2 The competent authority shall provide the person-specific number of each pupil to our Minister, together with the following particulars of the pupil:

    • (a) sex, date of birth and postal code of the place of residence;

    • b. the date of entry or registration;

    • c. group;

    • (d) where applicable, the weight for the grant of additional costs for personnel costs for the control of educational arrears, in the case of an apprentice enrolled in an elementary school;

    • e. if applicable, the indication that it is a pupil with a non-Dutch cultural background, if it concerns a pupil who is enrolled in a special school for primary education, or the indication that it is a student Pupil with a non-Dutch cultural background excluding pupils from whom at least one of the parents or guardians comes from Surinam, the Netherlands Antilles or Aruba, if it is a pupil who is enrolled in a primary school;

    • f. Where applicable for early and early school education;

    • g. if applicable, the results of the central end key or other terminal test, specified in Article 9b , the level on which the key or other end test has been taken and if no central end key or other final test is given the reason therefor;

    • h. the school ladder, intended in Article 42, second paragraph ;

    • i. the registration number of the school or, if there is a secondary establishment, the registration number thereof;

    • Financing indication; and

    • k. to a date to be determined by royal decree and, if applicable, the beginning and end dates of the period for which there is a development perspective for the pupil of an elementary school as intended Article 40a , it has been established;

    • l. [ Red: expired by digestion;]

    • m. if applicable, the indication that it concerns a student of a department as intended in Article 85a .

  • 3 A detailed specification of the information referred to in paragraphs 2 and 7 may be laid down by ministerial arrangement, and the details of the particulars referred to in the second and seventh paragraphs may no longer be provided. Rules governing the timing and methods of transmission of the information referred to in paragraphs 2 and 7 of this Article may also be laid down in the case of ministerial arrangements.

  • 4 The competent authority may use the person's number of a pupil, whether together with one or more of the data referred to in the second and seventh member, to use in traffic with our Minister for the purpose of establishing the funding from the school.

  • 6 The competent authority shall use the person's number of a pupil in contact with another school or school of other education for the purposes of the entry and registration of that pupil and in the production of teaching staff report, intended in Article 42 .

  • 7 If the nationality of the pupil is not included in the basic registration persons, this information shall be provided by the competent authority to our Minister.

  • 8 The competent authority shall use the person's number of an apprentice in the context of the implementation of grant schemes under the European Social Fund.


Article 178b. Processing data by Our Minister

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  • 2 The competent authority shall supply to our Minister all the information he considers necessary for the performance of the task referred to in paragraph 1. The competent authority shall work to ensure that the data contained in the basic register are accurate and complete.

  • 3 If, as a result of the review referred to in paragraph 1, our minister has reason to believe that a competent authority is acting in violation or has acted with the particular authority or under this law and an investigation thereof by the The Secretary of State shall, for the purposes of this investigation, provide the person related numbers and other data of pupils in the inspection. The inspection reports the outcome of the investigation to Our Minister.


Article 178c. Use data from basic register education by Minister and Inspection

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  • 1 Data from the basic register education may be used by:

    • a. Our Minister to the extent that these data are necessary for the funding of schools, the budgetary and policy preparation, and the execution of the task, referred to in Article 45a, second paragraph ;

    • b. the inspection to the extent that these data are necessary for the purposes of the supervision of basic education.

  • 2 To the extent that the competent authority on the grounds of Article 178a The information provided in the opinion of our Minister is incorrect or incomplete, Our Minister may derogate for the purpose of determining the funding of this information, in which case the amended data set out by Our Minister be included in the basic register of education, after the decision establishing the funding has become irrevocable.

  • 3 The use referred to in paragraph 1 shall be limited to data which are not retraced or retractable to individual pupils, without prejudice to: Article 178b, third paragraph .

  • 4 A ministerial arrangement shall lay down rules for the implementation of the first and third paragraphs, in any case concerning the content and composition of the data, the manner in which the information is supplied from the basic register, the dates on which the information is to be drawn from the basic register. the data shall be provided and the periods to which the data relate.

  • 5 By way of derogation from the third paragraph, our Minister of State may use the person-related number for the purpose of establishing the funding for the purpose of establishing the funding. By way of derogation from paragraph 4, in the case of general administrative measures, any other information which may be used in the basic register of education together with the number of persons assigned to it shall be determined.

  • 6 By way of derogation from the third paragraph, our Minister may, from the basic register education for the purpose of sending the summary of the inspection report to the parents of the pupils due to Article 45a, second paragraph , using the personal number of those students.


Article 178d. Access Minister to basic register education [ ExpOffice by 01-01-2010]

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Article 178e. Use personal number by municipality

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Without prejudice to, incidentally, the use of the civil service number by the municipality of the municipality, the municipality shall use the person-specific number of a pupil only for the purposes of registering an apprentice young people in the interest of monitoring compliance with the Compulsory education 1969 .


Article 179. School counselling

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School counselling shall take place at the request of the competent authority of a school.


Article 180. Support for the education of sick pupils

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  • 1 The State is providing support to school counselling services for activities carried out with regard to support in the education of sick pupils as referred to in Article 4 (2). Article 9a In the case of ministerial arrangements, detailed rules may be laid down for the costs of the previous sentence of the previous sentence.


Article 180a. Funding of school counselling

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  • 1 The State shall provide the competent authority of a school each year, which may be used for the purpose of school counselling.

  • 2 The funding referred to in paragraph 1 shall be calculated for each school year by multiplying the number of pupils on the teldate 1 October of the preceding school year by an annual amount by ministerial arrangement. 3.


Article 181. Compensation in the event of a delay

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  • (1) If a period prescribed by or under the law is exceeded by the competent authority and the municipality therefore does not pay any aid from the State or any lower funding, or from a later date, the State will pay for the material if that period had been complied with, the competent authority will be required to pay the damage suffered by the municipality.

  • 2 If, by the mayor and aldermen under the law, a term of office is exceeded and the power of the authority does not result in any funding from the State or from reduced funding, or from a later date from the State. if the material maintenance would then have been the case if that period had been complied with, the municipality shall compensate the damage suffered by the competent authority.

  • 3 Mayor and aldermen and the competent authority may, by mutual agreement, moderate the obligation to pay compensation in the first and second paragraphs. If such consultation does not lead to agreement, Article 109 of Book 6 of the Civil Code applicable.


Article 182. Use of funds in accordance with destination, accounting rules

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The competent authority of a special school shall be obliged to use the funds received from the public funds in accordance with the destination. In accordance with rules to be laid down by general management, the revenue and expenditure shall be kept in line with the requirements of general rules.


Article 183. Compulsory affiliation to legal person in relation to replacement costs

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  • 1 The competent authority of a school is affiliated to a legal person designated by our minister with full jurisdiction to ensure that the costs of replacement are met. in the absence of personnel.

  • 2 The competent authority of a school is subject to the obligation to make an annual contribution to that legal person by the management of the legal person referred to in the first paragraph. for replacement.

  • 3 Of the obligation laid down in the first in conjunction with second paragraph, our Minister may, at the request of the competent authority, grant a derogation on grounds of religious or philosophical objections. Our Minister shall grant the exemption only if the competent authority demonstrates that an adequate other provision has been made with regard to the consequences of replacement in the absence of personnel. Our Minister shall decide within six months of the receipt of a request as referred to in the first sentence. If the decision cannot be taken within six months, the Minister shall inform the competent authority and shall give a period within which the decision may be taken into account.

  • 4 The management of the legal person may lay down rules for the implementation of the first paragraph.

  • 5 A sum to be determined from the State's treasury shall be paid each year by our Minister to the legal person referred to in paragraph 1, in relation to the costs referred to in that paragraph (b).


Article 183a. Use of the civil service number provided by the legal person, Article 183

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  • 1 The legal person referred to in Article 183 , the civil service number of the staff member to be replaced in the absence of the staff member and of the person temporarily replacing the staff member, may use it in the context of the objective referred to in Article 183 (a). traffic with:

  • 2 The civil service number shall be issued to that legal person by the competent authority of the school or the grouping where the member of staff is responsible for that person, at the request of the legal person referred to in paragraph 1. absence is replaced, is effective.

  • 3 Where, for the purposes of the annual report, Article 18 (1) of the Framework Law on independent administrative bodies , where necessary, information shall be disclosed in such a manner only in such a way that no identifiable information can be derived from an individual person, except in the case of verification of the correctness of the data in the context of the to check the lawfulness and effectiveness of expenditure incurred by the legal person. In doing so, the civil service numbers may be compared to the civil service numbers provided by other bodies competent to do so by or pursuant to the law.


Article 184. Compulsory affiliation to the legal person in connection with the cost of cash benefits to former staff and supplementary incapacity for work

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  • 1 The competent authority of a school or the administration of a central office is to be affiliated to a legal person designated by our Minister, with full jurisdiction to the effect that he or she is to be the subject of a Proposes to guarantee the costs of unemployment benefit, disability supplements and sickness and incapacity benefits for staff members other than those on the basis of the Disease law for the benefit of staff members.

  • 2 The competent authority shall, on a yearly basis, make up a contribution to the legal person to a contribution to be made by the management of that legal person in connection with the cost of the joint service. -unemployment benefit, disability supplements and sickness and incapacity benefits, other than on the basis of the Disease law .

  • 3 Of the obligation laid down in paragraphs 1 and 2, the Minister may, at the request of the competent authority, exempt the administration of the Central Service on grounds of a religious or philosophical objection. Our Minister shall grant the exemption only if the competent authority demonstrates to the Board of the Central Service that an adequate other provision has been made with regard to the cost of unemployment benefits, supplementary measures. on incapacity for work and benefits for the sickness and incapacity of former staff other than on the basis of the Disease law . Our Minister shall decide within six months of receipt of a request. If the decision cannot be given within six months, our Minister shall inform the applicant accordingly and shall refer to it a period within which the decision may be taken into account.

  • 4 The management of the legal person shall lay down rules governing the treatment, assessment and response of a request by the competent authority, subject to the management of the Central Service, as a general rule, to the grouping as referred to in Article 2 (1). Article 138, second paragraph . Where the competent authority relies on the management of the Central Service on grounds of religious or philosophical nature, the management of the legal person concerned shall include those considerations in the assessment of one of the institutions of the volzin purpose.

  • 5 If the management of the legal person has granted the application referred to in paragraph 4, he shall reimburse the body responsible for the unemployment benefits, the supplementary incapacity for work and the sickness benefits and the incapacity for the incapacity of the former staff other than on the basis Disease law the cost of those benefits or suppletions.

  • 6 In the case of unemployment benefit, supplementary incapacity for work and sickness and incapacity for work of former staff other than on the basis of the Disease law of staff members of a school or a central service result from the deployment or a change of commitment of the Article 120, fourth paragraph , and Article 132 the competent authorities of all the schools of the association concerned shall be jointly and severally liable for the reimbursement of the costs incurred by the legal person in respect of previous years of school. (i) unemployment benefit, the claim for incapacity for work as a result of sickness and incapacity for workers other than under the law on sickness benefit.

  • 7 Against a decision of the legal person, an appeal may be brought by the competent authority, the management of the central office or the joint venture.


Article 184a. Use of the civil service number provided by the legal person, Article 184

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  • 1 The legal person referred to in Article 184 , the civil service number of the former member of staff may use, solely for the purpose of the purpose set out in Article 184 (1), the following in the traffic with:

    • (a) the former staff member,

    • (b) the competent authority of the School, the Management of the Central Office or the grouping where the person referred to in subparagraph (a) was employed;

    • c. Our Minister, or

    • d. the body referred to in Article 184, fifth paragraph .

  • 2 The civil service number shall be issued to that legal person by the competent authority of the School, the Board of the Central Service or the partnership, on an application from the legal person referred to in paragraph 1. the former staff member was employed.

  • 3 Where, for the purposes of the annual report, Article 18 (1) of the Framework Law on independent administrative bodies , where necessary, information shall be disclosed in such a manner only in such a way that no identifiable information can be derived from an individual person, except in the case of verification of the correctness of the data in the context of the to check the lawfulness and effectiveness of expenditure incurred by the legal person. In doing so, the civil service numbers may be compared to the civil service numbers provided by other bodies competent to do so by or pursuant to the law.

Chapter II. Other forms of primary education

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Article 185. Schools for the dependent population

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  • 1 In the case of a general measure of administration, rules shall be laid down, under the same conditions, for the financing of schools for children whose parents lead to a treacherous existence, to be indicated by that general measure of administration. decorations.

  • 2 In schools financed under the first paragraph, the provisions of Chapter I, Title I , applicable, unless otherwise provided for in the general measure of management. Other provisions of this Law may be declared to be applicable to the general measure of the Board of Directors.

  • 3 The general measure of management referred to in paragraph 1 shall be submitted to the Second Chamber of the States-General. The measure shall not enter into force after the expiry of 4 weeks after its presentation and shall not, during that period, be notified by or on behalf of the Chamber that the subject governed by that measure is governed by the law. If that is the case, a draft law to that effect shall be presented as soon as possible.

Chapter III. Privileges of the legal person referred to in Article 183 and 184 and evaluation

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Article 186. Proof of competence [ Expired by 01-08-2006]

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Article 187. Ministerial powers to the legal person, intended to Article 183

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  • 1 Consent of our minister is required in respect of the statutes of the legal person, intended in Article 183 , as well as with regard to the amendment of those Statutes.

  • 2 Our Minister is empowered to revoke the designation of the legal person, intended in Article 183 .

  • 3 In the case of a general measure of management, rules shall be set about:

    • a. Further job description of the legal person;

    • b. the conditions for consent of Our Minister with the Statute of the Legal Person and amendment of these Statutes; and

    • (c) the consequences of the withdrawal of the designation of the legal person.

  • 4 In accordance with rules to be laid down in the general management measure, our Minister may grant a grant to the legal person for:

    • a. Amounts which, during a pre-determined period and up to a pre-determined maximum height, are intended to replace the allowance for the replacement costs, as specified in the Article 126, first paragraph , and the contribution, for the purpose of Article 183, second paragraph , in so far as it relates to the costs of replacement of personnel due to rules laid down by general administrative action or by ministerial arrangement,

    • b. a contribution to the cost of the management of the legal person; and

    • c. a contribution to the exercise of rural tasks in the context of occupational health care.

  • 5 In the case of the general measure of management referred to in paragraph 4, a subsidy ceiling may be fixed for the purpose of a grant referred to in that paragraph.

  • 6 The management of the legal person may provide a grant to third parties for the purposes of the exercise of rural tasks in the context of the occupational health service.

  • 7 The general measure of management referred to in the third and fourth paragraphs shall be submitted to the Second Chamber of the States-General. The measure shall not enter into force after the expiry of 4 weeks after its presentation and shall not, during that period, be given by or on behalf of the Chamber the wish to ensure that the subject governed by that measure is governed by the law. If such a proposal is made, a legislative proposal shall be submitted as soon as possible.


Article 188. Ministerial powers vis--vis the legal person referred to in Article 184; evaluation

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  • 2 Our Minister shall transmit within five years of the appointment of the legal person referred to in Article 184 And thereafter, each time after five years, to the Second Chamber of the States-General a report on the effectiveness and effects of the work of that legal person.


Article 188a. Review

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Our Minister shall transmit within five years of the entry into force of the Articles 10a and 164b , and thereafter, after five years, to the States-General a report on the effectiveness and effects of Articles 10a and 164b in practice.


Article 188b. Central and pupil evaluation and monitoring system evaluation

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Our Minister shall, within four years of the entry into force of Article 1 of the Law of 11 December 2013 amending, inter alia, the Law on Primary Education, the Law on Centre of Excellence and Law College for examinations in connection with the introduction of a central final test, the introduction of a learner ' s Education monitoring system and introduction of funding requirements for minimum learning outcomes for special schools for primary and special education schools and special and secondary special education (central final and apprentice training) Education-monitoring system primary education) (Stb. 2014, 13) to the States General a report on the effectiveness and effects of Article 8 (6) , and Article 9b of the law in practice.


Article 188c. Evaluation of the duty of safety at school

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Our Minister shall, within five years of the entry into force of Article I of the Law of 4 June 2015, send a change to any educational laws relating to the introduction of the obligation for schools to ensure safety at school (Stb. (238) to the States-General a report on the effectiveness and effects of the Articles 4c and 13, first paragraph, part n -In practice.

Chapter IV. Transitional provisions

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Article 189. Return previously lost educational power under Article V of the Law of 28 March 1987, Stb. 157

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  • 1 To the person who has the authority to give education under Section 4 of the Basic Education Act (Stb. Since 1984, 2) was lost before 17 April 1982 and that power had not previously been returned unconditionally, that power was given back on 17 April 1987.

  • 2. The person who has lost the power referred to in the first paragraph for five years or less before 17 April 1987 under the provisions referred to in paragraph 1 and that power has not previously been returned unconditionally, is that power Five years after the loss has been returned.

  • In special cases, the Minister may, in special cases, be entitled to a written request from the Court of First Paragraph which has been lost under the provisions referred to in paragraph 1 and has not been returned before 17 April 1987, under conditions or not. Return the person concerned. Those conditions shall expire five years after the loss of competence referred to in paragraph 1.


Article 190. Change in the remuneration of school premises and primary school buildings as a result of the Articles VI and VII of the Law of 21 May 1992 , Stb. 245

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  • 1 The fee for a school estate caught before 1 June 1992 and takes place pursuant to Article 98 (3) of the Basic Education Act, or E 29, E 32 or E 43 of the Transitional Act WBO, such as those rules on the basis of Article 3 (2) of the Act of the European Parliament and of the Council of the European Union. 31 May 1992, as from 1 June 1992, is amended to cover two-thirds of the rate of interest on the basis of a notional loan for the costs deemed necessary, with a linear repayment and, as from the date on which they were paid, to the for the first time a school estate allowance was granted, a duration of 40 years. For the purposes of applying the first sentence, the interest rate applicable to a loan with a linear repayment and a maturity of 20 years shall be calculated on the basis of a revision of the interest rate as from 1 January following a period of validity. of 20 calendar years in which compensation was granted. Our Minister is responsible for dealing with the interest rate and the adjustment of interest rates in accordance with the second sentence. By way of derogation from the second sentence, the Minister for the adjustment of the interest rate shall be based on a revision of the interest rate as from 1 January following a period of 20 calendar years since the adjustment, the rate of interest shall be fixed by the second sentence. The calendar year in which the adjustment was made included.

  • 2 The allowance for the costs of the foundation and the first establishment of a provision in housing for the non-school site and for permanent use which takes place under the first paragraph of Article 98 of the Law on the provision of services the basic education or Article E 32 or E 43 of the Transitional Law of the WBO, as set out on 31 December 1991, is to be fixed with effect from 1 January 1992 at the rate of interest and redemption on the basis of a fictitious tax loan for the cost considered necessary with a linear repayment and a maturity of 60 years. If the allowance has been paid before 1 January 1992, it shall be fixed as from 1 January 1992 at the rate of interest and repayment on the basis of a notional loan for the necessary non-repayable on that date. Costs relating to a linear repayment and, as from 1 January 1992, a maturity of 60 years less the number of years for which a fee has already been granted.

  • 3 When applying the second paragraph, the interest rate to be applied to a loan with a linear repayment and a maturity of 20 years shall be calculated on the basis of a revision of the interest rate by 1 January following an interest rate of the second paragraph of the second paragraph. period of 20 calendar years in which compensation was granted. Our Minister is responsible for dealing with the interest rate and the adjustment of interest rates as a result of the first sentence. By way of derogation from the first sentence, the Minister for the adjustment of the interest rate shall be based on a revision of the interest rate by 1 January following a period of 20 calendar years from the date of which the interest rate was fixed. Adjustment, including the calendar year in which that update took place.


Article 191. Funding cooperation school in Earnewâld due to Article V of the Law of 15 December 1993 , Stb. 716

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The school of public and Protestant Christian education in Earnewâld will not be abolished by a royal decree unless such school would be part of another school if it were a secondary establishment for failure to do so by reason of its failure to act as a subsidiary. meet one of the standards for financing a secondary establishment, listed in Article 158, first paragraph , of the Law on Primary Education, it should be lifted. If this school meets the criteria for survival as an independent school by a date to be determined by royal decree, the school may continue to be paid from a date to be determined by the Royal Decree. after that date, no lifting on the basis of the Articles 153 to 160 The Law on Primary Education needs to be carried out.


Article 192. Spending savings as a result of the reduction in the number of primary schools under the Temporary Act funding new primary schools and Article XXII of the Law of 15 December 1993 , Stb. 716

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  • 1 Savings for the Kingdom as a result of the reduction in the number of primary schools by the Temporary Act funding new primary schools and the Law of 15 December 1993 Paragraph 716, in so far as it makes an additional contribution to the Municipal Fund, referred to in Article 3 of the Financial Regulation for 1984, relating to additional expenditure under Article 45 of the Basic Education Act as a result of that expenditure. -to transcend, to the benefit of primary education, to the reduction of the capital.

  • 2 The savings resulting from the reduction in the number of primary schools are determined each year by comparing the cost of the number of primary schools funded by the State on 1 August of that year to the cost of the number of bassischols which would be expected to be granted without the entry into force of the Temporary Act funding new basic schools and the Law of 15 December 1993 , Stb. 716, to know:

    -from 1 August 1992 8436 primary schools,

    -from 1 August 1993 8416 primary schools,

    -as at 1 August 1994 8396 primary schools,

    8376 primary schools as of 1 August 1995,

    8356 primary schools as of 1 August 1996 and subsequent years.

  • 3 The savings calculated under the second paragraph for the years 1994 and subsequent years shall be processed each time in the State budget for the following year.

  • 4 On the implementation of the savings, consultations are held with the national associations of school boards, the Association of Dutch Municipalities, the rural organisations of parents and the national organizations of education staff


Article 193. Loss of termination cost due to Article V (Article B5) of the Law of 15 May 1997 , Stb. 252

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  • 1 As regards the contribution which a municipality must provide in the redundancy costs to or pursuant to Article 102 of the Education Care Act, such as those rules as at 31 December 1997, those rules shall remain in force during the period for which severance payments are to be paid.

  • 2 A school counselling service must meet the costs of unemployment benefits or resettlement allowances, at the request of our minister, at his/her request:

    • (a) in so far as it relates to benefits arising before 1 January 1998: if those costs were deducted from the provisions of Articles 90 and 102 of the Education Care Act such as those rules on 31 December 1997, Driving fee to that school guidance service, and

    • (b) in so far as it concerns benefits arising after 31 December 1997: if the legal person referred to in Article 114b of the Basic Education Act, as that provision was used at the time of these benefits, has received a request for that the management of the School Guidance Service, prior to the dismissal, has not agreed to pay the costs of unemployment benefits or resettlement allowances to that legal person.


Article 194. Claims related to handling Article V (Article B6) of the Law of 15 May 1997 , Stb. 252

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  • 1 With respect to the amounts not yet established or paid by the State on 31 December 1997, the rules laid down in the Education Care Act shall continue to apply in respect of the amounts paid or paid out in accordance with the provisions of the Act on education. school counselling services provided for in Chapter II, Title II, of that Act.

  • 2 With respect to the amounts not established or paid out by the State on 31 December 2001, shall continue to apply in respect of the amounts of Article V, Title A, of the Law of 15 May 1997 (') The provisions given in paragraph 252.


Article 194a. Importation Act of 7 May 2014 amending the Law on Primary Education, the Law on Centre of Excellence and the Law Primary Education BES in connection with the transfer of task and budget for adjustments in education housing Commune to school (Stb. (175)

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  • 1 Our Minister lays down rules of a temporary nature which include the introduction of the Law of 7 May 2014 amending the Law on Primary Education, the Law on Centre of Expertization and Primary Education BES in connection with the transfer of task and budget for adjustments in education housing from commune to school (Stb. (175) by providing additional funding to competent authority bodies which in any case comply with the following requirements:

    • (a) the competent authority shall receive a quantity to be determined by ministerial arrangement as referred to in Article 134, first paragraph , and

    • (b) the main building of a school or main building of a secondary establishment, or one or more of the principal buildings of schools or main buildings of subsidiary establishments of secondary establishment under the competent authority, or a subsidiary building of secondary establishments, or (b) The percentage of the principal buildings of schools or of main buildings of secondary establishments or of the principal buildings of secondary establishments is, or have been, built in a period to be determined by ministerial arrangement.

  • 2 The amount of the additional aid shall be fixed per pupil of one of the schools or ancillary establishments referred to in paragraph 1 (b).

  • 3 This Article shall expire with effect from 1 January of the fourth year following the date of entry into force of Article I of the Law of 7 May 2014 amending the Law on Primary Education, the Law on the Centres of excellence and the Primary Education Act BES in connection with the transfer of task and budget for adaptations in education housing from town to school (Stb. 175).


Article 194b. Transitional provision pending objections and appeals relating to the overheveling of outdoor maintenance and adjustments to the building (Law of 7 May 2014, Stb. 175)

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In disputes which are brought in disputes, appeals or appeals, or within the objection, or the period of appeal or reusable outside the court, against decisions taken by the Municipality on architectural adaptations taken for the entry into force of Article I of the Law of 7 May 2014 amending the Law on Primary Education, the Law on Centre of Excellence and the Law Primary Education BES in connection with the transfer of task and budget for adjustments in educational housing from town to school (Stb. 175) on the basis of provisions to or pursuant to Chapter I, Title IV, Section 3 of this Act As it has been stated on the day before the entry into force of Article I of that Act, the rules applicable to that date shall continue to apply. The first sentence shall apply mutatis mutandis to the jurisdiction to withdraw and replace acts which have led to the disputes referred to therein, pending the objection, appeal or appeal.


Article 194c. Transitional applications and established programmes housing provisions in relation to the external maintenance and readjustments to the building (Law of 7 May 2014, Stb. 175)

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  • 1 Requests referred to in Article 94 of this Act , in so far as provision is made for the provision of Article 92, first paragraph, part b, of this Act as stated on the day before the entry into force of Article I of the Law of 7 May 2014 amending the Law on Primary Education, the Law on Centre of Excellence and the Law on Primary Education BES in relation to the transfer of task and Budget for adjustments in education housing from town to school (Stb. 175), which are submitted after the entry into force of Article I of that Act, remain outside treatment.

  • 2 The programme of housing provision based on Article 95 of this Act is established for the year in which Article I of the Law of 7 May 2014 amending the Law on Primary Education, the Law of Expertization Centres and the Law Primary Education BES related to the transfer of task and budget for the year adaptations in education housing from town to school (Stb. 175) shall cease to be in force, in so far as it concerns provisions as set out in Article 92, first paragraph, part b, of this Act as it was on the day before the entry into force of Article I of that Act.

  • 3 The programmes of housing provision on the basis of Article 95 of this Act have been established for the years prior to the entry into force of Article I of the Law of 7 May 2014 amending the Law on Primary Education, the Law on Centre of Excellence and the Law Primary Education BES in relation to the transfer of the law of task and budget for adaptations in education housing from commune to school (Stb. 175) are fully implemented.

Chapter V. Final provisions

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Article 195. Citation Title

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This law is cited as "Law on Primary Education".

Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, with whom this is concerned, will keep their hands on the precise implementation.

Issued at Lage Firesche, 2 July 1981

Beatrix

The Minister of Education and Science,

A. Pais

The Secretary of State for Education and Science,

A. J. Hermes

Published on the thirtieth July 1981

The Minister of Justice,

J. de Ruiter


Table Of Contents [ Expired by 30-12-2005]

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Annex associated with the Basic Education Act [ Expestablished per 01-08-1998]

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