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Law No. 84 Of 24 July 1995 (Republished) Education Act

Original Language Title:  LEGE nr. 84 din 24 iulie 1995 (*republicată*) Legea învăţământului

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LEGE no. 84 84 of 24 July 1995 (** republished) (* updated *) Education Law ((updated until 1 July 2010 *)
ISSUER PARLIAMENT




---------------- *) The republished text of the law was published in the OFFICIAL GAZETTE no. 606 606 of 10 December 1999. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. until July 1, 2010, with the amendments and additions made by: EMERGENCY ORDINANCE no. 30 30 of 14 April 2000 rejected by LAW no. 113 113 of 14 March 2002 ; EMERGENCY ORDINANCE no. 130 130 of 30 June 2000 ; EMERGENCY ORDINANCE no. 206 206 of 15 November 2000 ; EMERGENCY ORDINANCE no. 295 295 of 30 December 2000 ; EMERGENCY ORDINANCE no. 2 2 of 4 January 2001 ; EMERGENCY ORDINANCE no. 32 32 of 26 February 2001 ; LAW no. 98 98 of 26 March 2001 ; LAW no. 159 159 of 7 April 2001 ; EMERGENCY ORDINANCE no. 123 123 of 8 October 2001 ; LAW no. 713 713 of 3 December 2001 ; EMERGENCY ORDINANCE no. 184 184 of 20 December 2001 ; RECTIFICATION no. 713 713 of 3 December 2001 ; LAW no. 345 345 of 1 June 2002 repealed by LAW no. 571 571 of 22 December 2003 ; LAW no. 520 520 of 17 July 2002 ; LAW no. 268 268 of 13 June 2003 ; EMERGENCY ORDINANCE no. 68 68 of 14 August 2003 ; EMERGENCY ORDINANCE no. 110 110 of 24 October 2003 ; LAW no. 34 34 of 11 March 2004 ; LAW no. 288 288 of 24 June 2004 ; LAW no. 354 354 of 15 July 2004 ; EMERGENCY ORDINANCE no. 75 75 of 12 July 2005 ; LAW no. 366 366 of 13 December 2005 ; ORDINANCE no. 59 59 of 22 August 2003 approved by LAW no. 545 545 of 18 December 2003 ***** *****); LAW no. 291 291 of 7 July 2006 ****** ******); LAW no. 316 316 of 12 July 2006 ; EMERGENCY ORDINANCE no. 88 88 of 20 November 2006 ; LAW no. 428 428 of 22 November 2006 ; LAW no. 480 480 of 19 December 2006 ; EMERGENCY ORDINANCE no. 38 38 of 9 May 2007 rejected by LAW no. 286 286 of 29 October 2007 ; LAW no. 160 160 of 6 June 2007 ; LAW no. 253 253 of 19 July 2007 ; LAW no. 286 286 of 29 October 2007 ; EMERGENCY ORDINANCE no. 128 128 of 12 November 2007 ; LAW no. 365 365 of 21 December 2007 ; LAW no. 2 2 of 9 January 2008 ; LAW no. 32 32 of 11 March 2008 ******** ********); LAW no. 33 33 of 11 March 2008 ; EMERGENCY ORDINANCE no. 89 89 of 24 June 2008 ; LAW no. 143 143 of 10 July 2008 ; LAW no. 144 144 of 10 July 2008 ; EMERGENCY ORDINANCE no. 156 156 of 12 November 2008 rejected by LAW no. 185 185 of 26 May 2009 ; LAW no. 296 296 of 14 November 2008 ; EMERGENCY ORDINANCE no. 191 191 of 25 November 2008 ; EMERGENCY ORDINANCE no. 40 40 of 22 April 2009 ; LAW no. 185 185 of 26 May 2009 ; DECISION no. 731 731 of 7 May 2009 ; DECISION no. 732 732 of 7 May 2009 ; LAW no. 250 250 of 30 June 2009 ; EMERGENCY ORDINANCE no. 97 97 of 9 September 2009 ; LAW no. 384 384 of 10 December 2009 ; LAW no. 387 387 of 17 December 2009 ; EMERGENCY ORDINANCE no. 73 73 of 30 June 2010 . ** **) Republicated pursuant to art. II of Law no. 151/1999 on approval Government Emergency Ordinance no. 36/1997 to amend and supplement Education Law no. 84/1995 , published in the Official Gazette of Romania, Part I, no. 370 of 3 August 1999, giving the articles and paragraphs a new numbering and updating some names. Law no. 84/1995 was republished in the Official Gazette of Romania, Part I, no. 1 1 of 5 January 1996 and has been amended by Government Emergency Ordinance no. 36/1997 , published in the Official Gazette of Romania, Part I, no. 152 152 of 14 July 1997, and by Law no. 151/1999 . ***) NOTE C.T.C.E.: According art. 11 of EMERGENCY ORDINANCE no. 2 2 of 4 January 2001 , published in MONITORUL OFFICIAL no. 10 of January 9, 2001, the Ministry of Education and Research is established as a specialized body of the central public administration, with legal personality, by reorganizing the Ministry of National Education and the National Agency for Science, Technology and Innovation, which is disbanded. Consequently, the names of the Ministry of National Education and the National Agency for Science, Technology and Innovation, are replaced by the Ministry of Education and Research. ****) NOTE C.T.C.E.: According art. II of EMERGENCY ORDINANCE no. 68 68 of 14 August 2003 , published in MONITORUL OFFICIAL no. 590 of 19 August 2003 is replaced by the name "Ministry of Education and Research" with the name "Ministry of Education, Research and Youth". *****) NOTE C.T.C.E.: Under lit. a) a par. ((2) art. 136 of ORDINANCE no. 59 59 of 22 August 2003 , published in MONITORUL OFFICIAL no. 615 of 29 August 2003, the order entering into force on 27 November 2003, from 1 January 2006, shall be repealed. art. 173 173 para. (3) of the Education Law no. 84/1995 , republished in the Official Gazette of Romania, Part I, no. 606 of 10 December 1999, as amended and supplemented; ******) NOTE C.T.C.E.: According art. II of LAW no. 291 291 of 7 July 2006 , published in MONITORUL OFFICIAL no. 598 of July 11, 2006, the provisions of this law apply from the second semester of the school year 2006-2007. *******) NOTE C.T.C.E.: Article 23 of EMERGENCY ORDINANCE no. 221 221 of 23 December 2008 , published in MONITORUL OFFICIAL no. 882 882 of 24 December 2008 provides: "" Art. 23 (1) The normative acts in which the ministries are provided, the specialized bodies of the central public administration and the public institutions, which are abolished, reorganize or change their relations of subordination or coordination, as the case may be, according to the provisions of this emergency ordinance, shall be amended accordingly. (2) In the normative acts in force, the following names shall be replaced accordingly to the provisions of this emergency ordinance, as follows: a) "Ministry of Interior and Administrative Reform" with "Ministry of Administration and Interior"; b) "Ministry of Agriculture and Rural Development" with "Ministry of Agriculture, Forestry and Rural Development"; c) "Ministry of Defence" with "Ministry of National Defence"; d) "Ministry of Communications and Information Technology" with "Ministry of Communications and Information Society"; e) "Ministry of Culture and Religious Affairs" with "Ministry of Culture, Religious Affairs and National Heritage"; f) "Ministry of Development, Public Works and Housing" with "Ministry of Regional Development and Housing"; g) "Ministry of Economy and Finance" with "Ministry of Economy", in case of provisions governing the activity of economy, and with "Ministry of Public Finance", in case of provisions governing the activity of finance; h) "Ministry of Education, Research and Youth" with "Ministry of Education, Research and Innovation"; i) "Ministry for Small and Medium Enterprises, Trade, Tourism and Liberal Professions" with the "Ministry of Small and Medium Enterprises, Trade and Business Environment", in the case of the provisions governing the activity related to small and medium-sized enterprises, trade and business environment, and "Ministry of Tourism", in the case of the provisions governing tourism activity; j) "Ministry of Transport" with "Ministry of Transport and Infrastructure"; k) "Ministry of Justice" with "Ministry of Justice and Citizen Freedoms"; l) "Ministry of Environment and Sustainable Development" with "Ministry of Environment"; m) "Ministry of Labour, Family and Equal Opportunities" with "Ministry of Labour, Family and Social Protection"; n) "Ministry of Public Health" with "Ministry of Health"; o) "National Youth Authority" and "National Agency for Sport" with "Ministry of Youth and Sports". " ********) NOTE C.T.C.E.: According art. II of LAW no. 32 32 of 11 March 2008 , published in MONITORUL OFFICIAL no. 197 of 14 March 2008, this Law shall enter into force from the 2008-2009 school year. + Title I General provisions + Article 1 This law regulates the organization and functioning of the national education system + Article 2 In Romania education is a national priority. + Article 3 (1) Education aims to achieve the educational ideal, founded on humanistic traditions, on the values of democracy and on the aspirations of the Romanian society, and contributes to the preservation of national identity. (2) The educational ideal of the Romanian school consists in the free, integral and harmonious development of human individuality, in the formation of autonomous and creative personality. + Article 4 ((1) Education has as its finality the formation of human personality by: a) appropriation of scientific knowledge, values of national and universal culture; b) the formation of intellectual capacities, affective availability and practical skills through the assimilation of humanistic, scientific, technical and aesthetic knowledge; c) assimilation of intellectual work techniques, necessary for training and self-training during the entire life; d) education in the spirit of respect for human rights and fundamental freedoms, dignity and tolerance, free exchange of views; e) cultivating sensitivity to human issues, to moral-civic values, respect for nature and the environment; f) harmonious development of the individual through physical education, hygienic-sanitary education and the practice of sport; g) professionalisation of the young generation to carry out useful activities, producing material and spiritual goods. (2) Education ensures the cultivation of love for the country, the historical past and the traditions of the Romanian people. (3) Finalities of the Romanian school are carried out through modern training and education strategies and techniques, supported by education and school practice, according to the objectives of each educational level. + Article 5 (1) The citizens of Romania have equal access rights at all levels and forms of education, regardless of the social and material condition, of sex, race, nationality, political or religious affiliation. (2) The state promotes the principles of democratic education and guarantees the right to differentiated education, based on educational pluralism, for the benefit of the individual and of the whole society. (3) The State promotes the principles of permanent education ((4) As of the date of accession of Romania to the European Union, citizens of the Member States of the European Union, of the states belonging to the European Economic Area and of the Swiss Confederation have access to all forms and levels of education, in the same conditions as those provided by law for Romanian citizens, including in terms of tuition fees. ------------- Alin. ((4) of art. 5 5 was introduced by art. I of LAW no. 316 316 of 12 July 2006 , published in MONITORUL OFFICIAL no. 614 614 of 17 July 2006. + Article 6 Compulsory education is 10 classes. Compulsory attendance of education of 10 classes, form of day, ceases at the age of 18. ------------ Article 6 has been amended by section 6. 1 1 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 7 (1) State education is free of charge. (2) For some activities, fees may be charged under the conditions laid down by this Law. (3) State education is financed from the state budget and local budgets. Funds for education are distinctly nominated in the state budget and local budgets. ((4) Education may also be financed directly by economic agents, as well as by other natural or legal persons. ((5) Education can be supported through scholarships, study credits, taxes, donations, sponsorships, own sources and other legal sources. (6) The state supports the material, especially, students and students who achieve very good results in teaching and prove special skills for their training in the field of a profession. (7) The state and other stakeholders subsidise the performance, national and international performance activities of students and students. (8) Educational institutions and educational establishments with at least 200 students or with a minimum of 100 preschoolers are public institutions with legal personality. ---------------- Alin. ((8) of art. 7 7 has been amended by section 1 1 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (9) Educational units with a number of less than 200/100 students/preschoolers shall be organized/reorganized within educational establishments with legal personality subordinated to the same principal authorising officer, as structures of to them. ---------------- Alin. ((9) of art. 7 7 has been introduced by section 2 2 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (10) Exceptionally, on the basis of the criteria included in the Regulation on the organization and functioning of state pre-university education units, the local public administration authorities may approve, with the opinion of the Ministry of Education, Research and Innovation functioning as legal entities of units with a number of less than 200/100 students/preschoolers. ---------------- Alin. ((10) of art. 7 7 has been introduced by section 2 2 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (11) In the case of more than 10 preschoolers, organized in educational establishments without legal personality, with the consent of the Ministry of Education, Research and Innovation, courses can be organized in appropriate spaces in the locality of residence of children, through the movement of teaching staff from preschool units with legal personality, who benefit from all rights regarding transport and delegation, as the case may be. ---------------- Alin. ((11) art. 7 7 was introduced by the single article of LAW no. 144 144 of 10 July 2008 , published in MONITORUL OFFICIAL no. 531 531 of 15 July 2008. (12) In the case of more than 10 primary school students, organized in educational establishments without legal personality, with the consent of the Ministry of Education, Research and Innovation, courses can be organized in appropriate spaces from the locality of residence of the children, by moving the teaching staff from school units with legal personality, benefiting from all rights regarding transport and delegation, as the case may be. ---------------- Alin. ((12) art. 7 7 was introduced by the single article of LAW no. 144 144 of 10 July 2008 , published in MONITORUL OFFICIAL no. 531 531 of 15 July 2008. (13) Group of preschoolers or class of students formed under the conditions provided in par. (11) or (12) shall be considered a complete department. ---------------- Alin. ((13) art. 7 7 was introduced by the single article of LAW no. 144 144 of 10 July 2008 , published in MONITORUL OFFICIAL no. 531 531 of 15 July 2008. + Article 8 (1) The education of all grades is carried out in Romanian. It is carried out, under the conditions of this law, also in the languages of national minorities, as well as in international languages. (2) In each locality there are organized and functioning educational units or study formations with the Romanian language of teaching and, as the case may be, teaching in the languages of national minorities or ensuring the schooling in the mother tongue in the most close locality where possible. ------------- Alin. ((2) of art. 8 8 has been amended by section 2 2 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. (3) Learning in school of the Romanian language, as an official state language, is mandatory for all Romanian citizens, regardless of nationality. The educational plans must include the necessary number of hours and, at the same time, the conditions to allow the appropriation of the official state language will be ensured. (4) Both in the state education and in the private one the official school and university documents, nominated by order of the Minister of Education, Research and Youth shall be drawn up in Romanian. The other school and university documents can be written in the language of instruction. (5) Educational establishments and institutions may perform and issue, upon request, official translations of documents and other school and university documents of their own. + Article 9 (1) The framework plans of primary, secondary, high school and vocational education include Religion as a school discipline, part of the common trunk. The student, with the consent of his parents or legal guardian instituted, chooses for study religion and confession. (2) At the written request of the parents or legal guardian established, the student may not attend the religion classes. In this case the school situation ends without this discipline. Similarly, it is also done for the student who, for objective reasons, has not been provided with the conditions for attending classes in this discipline. (3) Cults officially recognized by the state can request the Ministry of Education, Research and Innovation to organize a theological education specific to the training of cult staff and social-missionary activity of cults, only for graduates secondary or high school education, as the case may be, proportional to the numerical weight of each cult in the religious configuration of the country, according to the updated official census. The establishment and functioning of this education shall be done according to (4) Cults recognized by the state have the right to establish and manage their own private educational establishments and institutions, according to the law. (5) The curriculum specific to theological pre-university education shall be elaborated by the respective cult, shall be endorsed by the State Secretariat for Religious Affairs and approved by the Ministry of Education, Research and Innovation. The curriculum of the particular pre-university education, organized by cults, other than theological one, is elaborated and approved according to the law. For higher education the curriculum is developed and approved according to the law. + Article 10 (1) The network of state education units is organized and approved by the Ministry of Education, Research and Innovation, in collaboration and with the support of local public administration, in accordance with demographic dynamics and training needs professional, current and perspective. The state education institutions network is organized by the Ministry of Education, Research and Innovation according to the law. (2) Local authorities and economic agents may establish and finance school facilities under the law. (3) The Ministry of Education, Research and Innovation may approve the organization of educational establishments and institutions in which the teaching is done in international languages, under the conditions of this law. In these schools Romanian Language and Literature, the History of Romanians and the Geography of Romania are taught and examined in Romanian. (4) The Ministry of Education, Research and Innovation may approve the organization of educational establishments or classes made up of students capable of performing. (4 ^ 1) County school inspectorates select each school year 25 students capable of performance, graduates of the 4th grade, from rural areas, whose families have income per family member under one-third of the salary of their families. minimum gross basis per country guaranteed in payment. ------------ Alin. (4 ^ 1) of art. 10 10 was introduced by art. I of LAW no. 32 32 of 11 March 2008 , published in MONITORUL OFFICIAL no. 197 197 of 14 March 2008. (4 ^ 2) The selection of students is made by specialists from the County Center for Psycho-pedagogical Assistance, based on a methodology developed by the Ministry of Education, Research and Innovation, approved by order of the Minister. ------------ Alin. (4 ^ 2) of art. 10 10 was introduced by art. I of LAW no. 32 32 of 11 March 2008 , published in MONITORUL OFFICIAL no. 197 197 of 14 March 2008. (4 ^ 3) Students selected according to the provisions of par. (4 ^ 1) will be schooled in prestigious educational establishments, established by the county school inspectorate. ------------ Alin. (4 ^ 3) of art. 10 10 was introduced by art. I of LAW no. 32 32 of 11 March 2008 , published in MONITORUL OFFICIAL no. 197 197 of 14 March 2008. (4 ^ 4) For the selected students the school scholarship "Government of Romania", granted through the Ministry of Education, Research and Innovation and financed from the state budget, is established. The amount of the school scholarship is determined by Government decision, being intended to cover accommodation, meals and school expenses, indexing annually. ------------ Alin. (4 ^ 4) of art. 10 10 was introduced by art. I of LAW no. 32 32 of 11 March 2008 , published in MONITORUL OFFICIAL no. 197 197 of 14 March 2008. (5) Under the conditions of this law, educational establishments may be organized with the teaching in Romanian in addition to the diplomatic offices and cultural institutions of Romania abroad. (6) The Ministry of Education, Research and Innovation, in collaboration with the Ministry of Foreign Affairs, has the obligation to support education in the mother tongue in the countries where Romanians live, in compliance with the legislation of that state. + Article 11 ((1) Education shall not be subject to the purposes and doctrines promoted by parties or other political parties. (2) The establishment and functioning of parties or other political parties, as well as the conduct of organizing activities and political propaganda, shall be prohibited in the establishments and in the educational spaces. (3) In education, religious proselytism is prohibited. (4) In the spaces intended for the educational process, in scientific research units, libraries, publishing houses and printing houses of educational institutions, in hostels, boarding schools, canteens, clubs, students ' houses of culture, houses of the body teaching, university houses, school camps, bases and cultural-sports complexes, palaces and clubs of children and students are prohibited activities that violate the general norms of morality, receiving the physical or mental health of the youth. + Article 12 (1) The Ministry of Education, Research and Innovation, on the basis of consulting the other institutions and ministries concerned, designs, bases and applies the overall education strategy, sets out the objectives of the education system as a whole, as well as educational goals on levels and educational profiles. (2) The organization and content of education cannot be structured according to exclusive and discriminatory criteria of ideological, political, religious or ethnic order. They are not considered to be structured according to exclusive and discriminatory criteria the establishments and educational institutions created from religious or linguistic needs, in which the teaching corresponds to the choice of parents or legal guardians instituted Students. (3) The Ministry of Education, Research and Innovation, consulting the stakeholders in the organization of specific forms and types of education, is responsible for the elaboration of the curriculum: curricula, curricula and school textbooks for education pre-university. In higher education the curriculum is established according to university autonomy and national standards. + Article 13 University autonomy is guaranteed. + Article 14 (1) In the national system of education, state and private, educational alternatives can be initiated and organized, with the agreement of the Ministry of Education, Research and Innovation according to the law. (2) The evaluation and accreditation of educational alternatives shall be made by the Ministry of Education, Research and Innovation, according to the law. + Title II National education system + Chapter I Common provisions + Article 15 (1) The national education system consists of all units and educational institutions of different types, levels and forms of organization of the training and education activity. (2) The national education system comprises state and private educational establishments and institutions. (3) The privatization of state institutions and educational establishments is prohibited. ((4) Education is organized on levels, ensuring coherence and continuity of training and education, in accordance with age and individual peculiarities. (. The national education system shall comprise the following levels: a) preschool education: small group; middle group; large group, preparatory for school; b) primary education: classes I-IV; c) secondary education, comprising: 1. lower secondary education, organized in two succeeding cycles: secondary school, grades V-VIII, and lower cycle of high school or school of arts and crafts, classes IX-X; 2. upper secondary education: upper secondary school, classes XI-XII/XIII, preceded, as the case may be, by the year of completion; d) post-secondary education; e) higher education: university education and postgraduate education. (6) The national education system also includes permanent education. (7) Pre-school, primary, secondary and post-secondary education constitute pre-university education. The lower cycle and upper secondary school are high school education. The school of arts and crafts and the year of completion constitute vocational education. (8) Lower primary and secondary education is compulsory education. (9) Pre-university education is subordinated, through school inspectorates, to the Ministry of Education, Research and Innovation, and higher education is coordinated by the Ministry of Education, Research and Innovation, in compliance with university autonomy. (10) The training forms of education are: day education, evening, with reduced frequency, at a distance, amalgamated and, for children with special educational needs, non-displaced, with home schooling. (11) Mandatory education is day education. Exceptionally, for people who have exceeded the age corresponding to the class by more than 2 years, compulsory education can be organized in other forms of education, according to par. (8), based on a methodology developed by the Ministry of Education, Research and Innovation. (12) In the education system, pilot, experimental and application can operate. (13) In relation to the existing conditions, educational establishments in which several levels/cycles of education are organised may operate under single management. (14) Within the national education system, under the coordination and control of the Ministry of Education, Research and Innovation can be established and can operate, according to the law, educational structures organized through cooperation between units and institutions from the country and abroad, on the basis of intergovernmental agreements. ------------- Article 15 has been amended by section 6.6. 3 3 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 16 (1) The national education system has an open character. In pre-university education the passage of students from one school unit to another, from one profile to another and from one branch to another is possible under the conditions established by regulation of the Ministry of Education, Research and Innovation. In higher education the open character is ensured by the university charter. (2) Students and students with exceptional skills and school performance can promote 2 years of studies in a school or university year. + Article 17 (1) The Ministry of Education, Research and Innovation, school inspectorates and local public administration authorities provide the necessary conditions for students to attend primary and secondary courses, as a rule, in localities where they domicile. (2) In justified situations, children from the large group, preparatory for school, and students from compulsory education, schooled in another locality, are provided, as the case may be, transport, meal and boarding services, with the support of the Ministry Education, Research and Innovation, local public administration authorities, economic agents, local communities, benefit societies and other legal or natural persons. ------------- Alin. ((2) of art. 17 17 has been amended by section 4 4 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. (3) At the request of parents and depending on existing local resources, educational establishments can organize with students, after classes, educational and learning activities under the supervision of teaching and/or auxiliary teaching staff. ------------- Alin. ((3) of art. 17 17 has been introduced by section 5 5 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Chapter II Pre-school education + Article 18 (1) Pre-school education is organized for children aged 3-6/7, in kindergartens with normal, extended and weekly hours. ------------- Alin. ((1) of art. 18 18 has been amended by section 6 6 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. (2) Kindergartens shall be established by school inspectorates. ------------ Alin. ((3) of art. 18 18 has been repealed by art. 39 of EMERGENCY ORDINANCE no. 75 75 of 12 July 2005 , published in MONITORUL OFFICIAL no. 642 642 of 20 July 2005. + Article 19 (1) In order to ensure continuity between pre-school and primary education, the large, preparatory group for school is generalized. (2) The local administration and the school inspectorate will ensure the human, material and financial resources, necessary for the inclusion of children aged 5-6/7 years in the large group, preparatory for school. ------------- Article 19 has been amended by section 6.6. 7 7 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Chapter III Primary education + Article 20 (1) Primary education shall be organized and operated, as a rule, with morning hours, within educational establishments with classes I-IV, I-VIII, I-X or I-XII/XIII. (2) Children who reach the age of 6 years until the start of the school year are enrolled in the first grade. (3) At the written request of the parents, guardians or legal supporters, they may be enrolled in Class I and children who reach the age of 6 years by the end of the calendar year, if their psychosomatic development is appropriate. (4) At the written request of the parents, guardians or legal supporters, the enrolment in the first class of children who reach the age of 6 until the start of the school year will be postponed by one year. (5) The Ministry of Education, Research and Youth can approve the organization of training courses in order to promote classes I-IV for people who, for different reasons, did not graduate from primary education until the age of 14. ------------- Article 20 has been amended by point 8 8 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Chapter IV Secondary education + Section 1 Secondary education Secondary school -------------- Title of Section 1 of the Head. IV has been amended by section 4.2 9 9 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 21 The secondary school is organized and operates within the educational units with grades I-VIII, V-VIII, V-X, I-X, I-XII/XIII or V-XII/XIII. ------------- Article 21 has been amended by point 10 10 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 22 (1) The access of the graduates of the 8th grade to the ninth grade of the lower cycle of the high school or the school of arts and crafts is carried out through the selection and distribution procedure, regulated according to the methodology of the Ministry of Education, Research and Innovation, which is released until the beginning of the school year. (2) The selection and distribution procedure shall be based on the results of the assessment of the competences acquired in the secondary school. The assessment of competencies shall be carried out in accordance with ------------ Article 22 has been amended by section 11 11 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Section 2 High school education Lower secondary school ------------ Title of Section 2 of the Cap. IV has been amended by section 4.2 12 12 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 23 (1) The lower cycle of the high school is organized and operates within the educational units with classes I-X, V-X, I-XII/XIII, V-XII/XIII or IX-XII/XIII. ----------- Alin. ((2) of art. 23 23 has been repealed by art. 39 of EMERGENCY ORDINANCE no. 75 75 of 12 July 2005 , published in MONITORUL OFFICIAL no. 642 642 of 20 July 2005. (3) Seral high school education, with reduced frequency and distance, can operate, under the law, in educational establishments established by school inspectorates. (4) Graduates of the lower school cycle acquire graduation certificate, personal portfolio for permanent education and, on request, the matrix sheet. (5) The graduates of the lower school cycle who support and promote the professional skills certification exam acquire professional qualification certificate level 2. ------------ Alin. ((5) of art. 23 23 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 40 40 of 22 April 2009 , published in MONITORUL OFFICIAL no. 286 286 of 30 April 2009. (6) The way of organizing and conducting the professional skills certification examination is established by methodology developed and approved by the Ministry of Education, Research and Innovation and is released until the start of the school year Previous exams. ------------ Alin. ((6) of art. 23 23 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 40 40 of 22 April 2009 , published in MONITORUL OFFICIAL no. 286 286 of 30 April 2009. ------------ Article 23 has been amended by section 6.6. 13 13 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 24 (1) High school education usually works with the following filers and profiles: a) the theoretical branch, with the humanist and real profiles; b) technological branch, with technical profiles, services, exploitation of natural resources and environmental protection; c) vocational branch with military profiles, public order and security, theological, sports, artistic and pedagogical. ------------ Lit. c) a par. ((1) of art. 24 24 has been amended by section 4.2 3 3 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. ------------- Lit. d) a par. ((1) of art. 24 24 has been eliminated by the repeal of section 1 1 of the single article of EMERGENCY ORDINANCE no. 130 130 of 30 June 2000 , published in MONITORUL OFFICIAL no. 306 306 of 4 July 2000 by LAW no. 98 98 of 26 March 2001 , published in MONITORUL OFFICIAL no. 157 157 of 29 March 2001. ------------- NOTE C.T.C.E.: * *) According to section 17 17 of the Annex to EMERGENCY ORDINANCE no. 295 295 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 of 30 December 2000, on 1 January 2001 the application is suspended EMERGENCY ORDINANCE no. 130 130 of 30 June 2000 in the lawmaking procedure, until the adoption of the law of approval or rejection by Parliament. During this suspension, the existing regulations on the date of entry into force of this emergency ordinance shall apply. By LAW no. 98 98 of 26 March 2001 , published in MONITORUL OFFICIAL no. 157 of 29 March 2001 was approved with amendments EMERGENCY ORDINANCE no. 130 130 of 30 June 2000 , published in MONITORUL OFFICIAL no. 306 306 of 4 July 2000. (2) The high schools shall be organized with one or more profiles. Within these profiles can be organized, with the approval of the Ministry of Education, Research and Innovation, classes with narrower specializations and special classes for students with exceptional skills and performance. (3) The duration of studies in high school education can be, as the case may be, 4 or 5 years and is established by the Ministry of Education, Research and Innovation. ------------- Alin. ((3) of art. 24 24 has been amended by section 14 14 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. (4) The Ministry of Education, Research and Innovation can restructure profiles and specializations in relation to the dynamics of professions and occupations in the labor market. + Section 2 ^ 1-a High School of High School ------------ Section 2 ^ 1 of the Head. IV was introduced by section 4.2. 15 15 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 25 (1) The transition from the lower cycle to the upper cycle of the high school is regulated by the methodology of the Ministry of Education, Research and Innovation, which is released at the beginning of the school year preceding admission (2) The upper cycle of the high school is organized and operates within the educational units with classes I-XII/XIII, V-XII/XIII or IX-XII/XIII. (3) The registration in the upper cycle of the high school, day courses, can be done in the first 2 years after the completion of the lower cycle, respectively of the completion year, if at the beginning of the school year the student has not exceeded the age of 18. (4) The upper cycle of the high school, the seral forms, with reduced frequency and at a distance, can operate, under the law, in educational establishments established by the school inspectorates. (5) The higher school cycle operates with the films, profiles and specializations established by order of the Minister of Education, Research and Youth in relation to the dynamics of the professions, trades and occupations of the labor market. (6) Depending on the branch, profile and specialization, the duration of the studies within the upper cycle of the high school is 2 or 3 years and is established by the Ministry of Education, Research and Innovation. ------------ Article 25 has been amended by section 6.6. 16 16 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 26 (1) The completion of the high school studies is attested by a certificate of graduation, which gives the right of access, under the law, in post-secondary education, the right to support the national baccalaureate exam, respectively of the exam certification/attestation of professional skills. (2) The graduates of the high school cycle also acquire the personal portfolio for permanent education and, on request, the matrix sheet. (3) The graduates of the high school cycle who support and promote the national baccalaureate exam also acquire the baccalaureate diploma, which gives them the right of access to higher education, under the law. (4) The national baccalaureate exam consists in supporting the following samples: A. sample assessment of the language skills of oral communication in Romanian; B. sample assessment of the language skills of oral communication in the mother tongue, for students who attended high school studies in a language of national minorities; C. sample of assessment of language skills in an international language of circulation studied during high school education. The outcome of the evaluation shall be expressed by the level of competence corresponding to the Common European Framework of Reference Students who promote, during pre-university education, exams with international recognition for the certification of language skills in foreign languages are entitled to the recognition and equivalence of the results obtained in these exams, on request and according to a methodology approved by order of the Minister of Education, Research, Youth and Sports; D. digital skills assessment sample. The result of the evaluation shall be expressed by the level of competence, in relation to the European standards recognised Students who promote, during pre-university education, exams with European recognition for the certification of digital skills are entitled to the recognition and equivalence of the results obtained in these exams, on request and according to a methodologies approved by order of the Minister of Education, Research, Youth and Sport; E. written tests for the evaluation of competences formed during high school education, as follows: a) written test in Romanian language and literature-common sample for students from all branches, profiles and specializations; b) written test in the mother tongue and literature-joint test for students from all the branches, profiles and specializations, which followed the high school studies in a language of national minorities; c) a written test, differentiated according to the branch, profile and specialization, as follows: ((i) mathematics-for the actual profile in the theoretical branch, for the technological branch or, as the case may be, for the vocational branch; (ii) history-for the humanist profile in the theoretical branch or, as the case may be, for the vocational branch; d) a written test to which the student can opt, according to the branch, profile and specialization followed, for one of the disciplines contained in the following two groups of disciplines: ((i) physics, chemistry, biology or computer science; (ii) geography, philosophy, logic and argumentation, economics, psychology and, as the case may be, sociology. ------------ Alin. ((4) of art. 26 26 has been amended by section 1 1 of the single article of EMERGENCY ORDINANCE no. 73 73 of 30 June 2010 , published in MONITORUL OFFICIAL no. 448 448 of 1 July 2010. (5) For certain branches, profiles, respectively specializations, established by the Ministry of Education, Research and Innovation, graduates of the high school cycle can take a certification examination or, as the case may be, of attestation of competences professional, separate from the baccalaureate exam, under the law. (6) Graduates of the high school of high school who support and promote the certification/attestation examination of professional skills acquire professional qualification certificate level 3, respectively attested by professional skills. (7) The list of exam tests, the content of the exam programs and the organization and conduct of the baccalaureate exam and the certification examination, respectively of professional competence attestation, shall be established by methodologies developed and approved by the Ministry of Education, Research and Innovation and is released until the start of the school year preceding the exams. (8) When drawing up the list of exam tests and the establishment of the content of the baccalaureate programs, higher education institutions can also be consulted. (9) In case of interruption of studies, each school year promoted shall be recognized. On request, a certification document of the studies carried out and the personal portfolio for permanent education, completed up to date, is issued. ------------ Article 26 has been amended by section 6.6. 17 17 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 27 (1) The national baccalaureate exam shall be considered promoted by graduates of secondary higher secondary education who cumulatively meet the following conditions: a) have supported the evidence provided in art. 26 26 para. ((4) lit. A-D; b) have supported all the written evidence provided in art. 26 26 para. ((4) lit. E and have obtained at least grade 5 in each of them; c) arithmetic average, calculated with two exact decimals, of the marks obtained in the written tests specified in art. 26 26 para. ((4) lit. E is at least 6. (2) The average obtained at the national baccalaureate exam is the arithmetic average calculated with two exact decimals of the marks obtained in the written tests provided in art. 26 26 para. ((4) lit. E. (3) Following the promotion of the national baccalaureate exam, the graduate is issued the baccalaureate diploma. ((4) Graduates of class XII-/XIII who supported the assessments provided in art. 26 26 para. ((4) lit. A-D are issued certificates attesting to the level of language proficiency, namely the level of digital competence. The issuance of these certificates is not conditional on the promotion of written evidence provided for in 26 26 para. ((4) lit. E. (5) In case of non-promotion of the national baccalaureate exam, the results of the assessments supported according to art. 26 26 para. ((4) lit. A-D, respectively the results of the written tests provided in art. 26 26 para. ((4) lit. It's that they were promoted with at least grade 5. (6) During a school year two sessions of the national baccalaureate exam are organized. (7) Candidates can take the national baccalaureate exam and the professional skills certification exam, without charge, no more than twice. Subsequent presentations to these exams are subject to the payment of fees established by the Ministry of Education, Research, Youth and Sports. (8) The samples provided for in art. 26 26 para. ((4) lit. A-D is organized and carried out at the level of the educational establishment from which the candidates come, before a commission chaired by the director of the educational unit and appointed by decision of the general school inspector, under the conditions established by the methodology provided in art. 26 26 para. ((7). (9) The samples written from the national baccalaureate exam, provided in art. 26 26 para. ((4) lit. E, are supported after the end of the school year, before a commission appointed by the school inspectorate, under conditions established by the methodology provided in art. 26 26 para. ((7). (10) The Commission referred to in paragraph (9) is headed by a president, appointed by order of the Minister of Education, Research, Youth and Sports between teaching academics, having the scientific title of doctor. In duly justified situations, he can be appointed as president and a teacher from high school education, having the teaching degree I and special professional performances, holder in another educational unit than the one from which the students who support the written evidence of the national baccalaureate exam. (11) The Commission referred to in paragraph (9) is made up of teachers from other educational establishments than those from which students who support the written tests of the national baccalaureate exam come. (12) The number of commissions referred to in par. (9) and the number of educational establishments in which the written tests of the national baccalaureate exam are carried out shall be established by the Ministry of Education, Research, Youth and Sports, at the proposal of the school inspectorates. (13) The results of the national baccalaureate exam are public. ------------ Article 27 has been amended by section 6.6. 2 2 of the single article of EMERGENCY ORDINANCE no. 73 73 of 30 June 2010 , published in MONITORUL OFFICIAL no. 448 448 of 1 July 2010. + Article 28 (1) Following the promotion of the baccalaureate exam, the graduate is issued the baccalaureate diploma. The issuance of the professional qualification certificate and the attestation of professional skills, respectively, is not subject to the promotion of the baccalaureate exam. (2) Graduates who have promoted all classes from the IX-XII/XIII range with general averages of at least 9,50, and at the baccalaureate exam they obtained the average 10 receive the merit diploma. ------------ Article 28 has been amended by section 6.6. 19 19 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Section 3 Vocational education Education in arts and crafts schools ------------ Title of Section 3 of the Head. IV has been amended by section 4.2 20 20 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 29 (1) In arts and crafts schools, education is organized for professionalization, in order to qualify level 1 on occupational fields. (2) Arts and crafts schools may operate independently or within educational establishments with classes I-X, I-XII/XIII, V-X, V-XII/XIII or IX-XII/XIII. (3) For persons who have exceeded the age of 18, arts and crafts education can be organized as a seral or low-frequency education, under the law, in educational establishments established by the county school inspectorate, respectively Bucharest. ------------ Alin. ((3) of art. 29 29 has been introduced by section 1 1 of art. I of LAW no. 366 366 of 13 December 2005 , published in MONITORUL OFFICIAL no. 1.147 1.147 of 19 December 2005. ------------ Art. 29 (initially with para. 1 1 and 2) has been amended by section 4.2. 21 21 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 30 (1) The state network of arts and crafts schools is organized by the Ministry of Education, Research and Innovation, in consultation with stakeholders. ------------ Alin. ((1) of art. 30 30 has been amended by section 22 22 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. (2) The state network of arts and crafts schools, the trades and qualifications for which they are schooled and the number of related places are released 6 months before the start of the school year. ------------ Alin. ((2) of art. 30 30 has been amended by section 22 22 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. (3) The educational framework plans and school curricula shall be developed and approved by the Ministry of Education, Research and Innovation, in consultation with stakeholders, based on professional training standards and, where appropriate, standards occupational. ------------ Article 31 has been repealed by point (a). 23 23 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 32 (1) Educational establishments may organize, at the request of interested parties, on the basis of contract, qualification and professional conversion courses, in compliance with occupational standards, as well as other educational services. (2) Economic agents who provide, as the case may be, on the basis of contract with educational establishments, tuition scholarships, internships of students ' practical training, endowment of training spaces, employment for graduates can benefit from facilities tax, according to a methodology approved by Government decision. ------------ Article 32 has been amended by section 4.2. 24 24 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. ------------ Article 33 has been repealed by point (a) 25 25 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 34 (1) Graduates of arts and crafts schools acquire a certificate of graduation and personal portfolio for permanent education and, upon request, the matrix sheet. (2) Graduates who support and promote the professional skills certification exam acquire and certificate of professional qualification level 1. (3) The certification system of the qualification level and the professional skills acquired in the pre-university education is organized on the basis of the common regulations of the Ministry of Education, Research and Innovation and of the Ministry Labor, Family and Social Protection. ------------ Article 34 has been amended by section 4. 26 26 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 35 The organization of education in arts and crafts schools and the professional skills certification exam is regulated by the Ministry of Education, Research and Innovation through specific methodologies. ------------ Article 35 has been amended by section 6.6. 27 27 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Section 4 Year of completion ------------ Section 4 of the Head. IV was introduced by section 4.2. 28 28 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 36 (1) Graduates of arts and crafts schools with graduation certificate and with certificate of professional qualification level 1 are entitled to further study in higher secondary education, under the conditions of this law. (2) In order to have access to the upper cycle of the high school, the persons referred to (1) must follow and absolve, under the law, the year of completion. The year of completion is organized, as a rule, as day education. For people who have exceeded the age of 18, the year of completion can be organized as a seral or low-frequency education, in educational establishments established by the county school inspectorate, respectively of the city of Bucharest. ----------- Alin. ((2) of art. 36 36 has been amended by section 2 2 of art. I of LAW no. 366 366 of 13 December 2005 , published in MONITORUL OFFICIAL no. 1.147 1.147 of 19 December 2005. (3) Graduates of the year of completion acquire graduation certificate, personal portfolio for permanent education and, on request, the matrix sheet. (4) Graduates of the year of completion who support and promote the professional skills certification examination acquire and certificate of professional qualification level 2. (5) Graduates of the year of completion with certificate of professional qualification level 2 and graduation certificate may continue their studies in the upper cycle of high school, according to a methodology developed by the Ministry of Education, Research and Innovation and released one year before the beginning of the school year. (6) The network of state education units that school students in the year of completion is organized by the Ministry of Education, Research and Innovation, in consultation with stakeholders. (7) The network of state educational establishments that school students in the year of completion, the trades and qualifications for which they are schooled and the number of related places are released 6 months before the start of the school year. (8) The organization of education in the completion year and the professional skills certification examination shall be regulated by the Ministry of Education, Research and Innovation, through specific methodologies. ------------ Article 36 has been amended by section 6.6. 29 29 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Chapter V Art education and sports education + Article 37 (1) Art education and sports education are organized for students with skills in these fields. (2) The units in which art education and sports education are organized are approved by the Ministry of Education, Research and Innovation, at the proposal of school inspectorates. + Article 38 In art education and sports education: a) schooling is carried out, as a rule, starting with primary classes; b) students can be enrolled only on the basis of testing specific skills; ------------ Lit. b) of art. 38 38 has been amended by section 4.2 30 30 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. c) the educational framework plans are adapted to the profile; d) the study of specialized disciplines is carried out by groups or individually, according to the criteria established by the Ministry of Education, Research and Innovation; ------------ Lit. e) of art. 38 38 has been repealed by section 6.6. 31 31 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. f) school programs for high school education of art and sports high school education comply with the objectives set for that profile. + Article 39 Graduates of art education and sports education benefit from the rights provided in art. 23 23 para. ((4) and in art. 26 26 para. (1), (2), (3), (5), (6) and (9). ------------ Article 39 has been amended by section 6.6. 32 32 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 40 (1) For sports and performance art activity, the Ministry of Education, Research and Innovation can organize school clubs and pre-university educational establishments with sports or art program, integrated or additional. ------------ Alin. ((1) of art. 40 40 has been amended by section 33 33 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. (2) For the support of sports and performance art activity the Ministry of Education, Research and Innovation organizes sports or artistic creation camps, sports or artistic competitions, school championships, festivals; grants scholarships and other forms of material support. (3) The Ministry of Youth and Sports *), the Ministry of Culture, Religious Affairs and National Heritage and other interested ministries have the obligation to financially and materially support performance activities in the field of sports and arts. ------------ *) NOTE C.T.C.E. S.A. Piatra-Neamt: By JUDGMENT no. 759 of July 3, 2003, published in the OFFICIAL GAZETTE no. 497 of 9 July 2003 the National Sports Agency was established. JUDGMENT no. 759 of July 3, 2003, published in the OFFICIAL GAZETTE no. 497 497 of 9 July 2003 was repealed by JUDGMENT no. 1.721 of 30 December 2008, published in the OFFICIAL GAZETTE no. 26 of 13 January 2009 regulating the organization and functioning of the Ministry of Youth and Sports. + Chapter VI Education for children and young people with special educational requirements ------------ Title Cap. VI has been amended by section 34 34 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 41 (1) Special education shall be organized by the Ministry of Education, Research and Innovation, for preschoolers and students with mental, physical, sensory, language, socioaffective and behavioral impairments or associated impairments, for the purpose of training and education, recovery and social integration. (2) The school integration of children with special educational requirements is carried out through special educational units, in special groups and classes of ordinary preschool and school units, or in ordinary educational establishments, including in units with teaching in national minority languages. (3) Special primary and lower secondary education shall be compulsory and shall have a duration, as appropriate, of 10 or 11 years. ------------ Alin. ((3) of art. 41 41 has been amended by section 35 35 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 42 (1) Special education is free of charge. (2) Special education is organized as day education. In particular cases it can be organized in other forms. (3) Special education units may benefit from the support of social protection institutions, other state and private organizations, benefit societies, natural or legal persons in the country and abroad, for incentive, compensation and disability recovery. + Article 43 The type and degree of the child's disability are established by commissions of expertise, interschool and county, subordinated to school inspectorates. + Article 44 The special education has educational plans, school programs, textbooks and alternative didactic methodologies, developed according to the type and degree of disability and approved by the Ministry of Education, Research and Innovation. + Article 45 (1) In pre-school and primary education, depending on the evolution of the child, proposals can be made for operative reorientation from the special school to the school of mass and vice versa or from the school-school to the special school and vice versa. (2) The proposal for a reorientation is made by the teacher who worked with the child in question and by the school psychologist. The decision of reorientation is taken by the commission of expertise, with the consent of his family or legal supporter. (3) Children with special educational requirements, who could not be reoriented towards mass education, including in special classes, continue the education process in units of special primary, secondary, vocational, high school and post-secondary education, differentiated by type and degree of disability. + Article 46 The Ministry of Labour, Family and Social Protection, together with other governmental or non-governmental bodies with concerns in the field, ensures the integration into active life, in the appropriate form of work, of graduates of special education, according to the qualification obtained and under the conditions of the legislation in force. + Chapter VII Related units of pre-university education + Article 47 (1) At the level of pre-school, primary and secondary education, in addition to some representative educational units in the respective area, interschool speech centers, coordinated by school inspectorates, as special education structures integrated. (2) Interschool speech centres work with speech teachers, having the qualification in special psycho-pedagogy, psychology or pedagogy; they also have the obligation to guide educators, teachers and institutes in the development methodology and correcting the language of those who have speech disorders. (3) For children with chronic diseases the Ministry of Education, Research and Innovation organizes, as the case may be, groups or classes within the respective health facilities. + Article 48 (1) Child protection in difficulty is carried out according to the law. ((2) Establishment of educational contents of specific activities, teaching methodologies, training, training and improvement of personnel responsible for training and education in child placement and reception centers, from the framework of specialized public services for child protection, are the competence of the Ministry of Education, Research and Innovation + Article 49 (1) In the counties and in the city of Bucharest there are centers or offices of psycho-pedagogical assistance; they also ensure the activity of school and professional orientation. (2) The rules of operation of these centres or offices shall be established by order of the Minister of Education, Research and youth. + Article 50 (1) In each county and in Bucharest operates the House of the teaching staff, subordinated to the school inspectorate. (2) The structure and attributions of the House of the teaching staff shall be established by regulation elaborated by the Ministry of Education + Chapter VIII Post-secondary education + Article 51 (1) State post-secondary education shall be organized by the Ministry of Education, Research and Innovation on its own initiative, on the proposal of local public administration authorities or at the request of economic operators and other interested institutions, in the forms of organization day, evening and distance. (2) The nomenclature of fields and qualifications shall be established by the Ministry of Education, Research and Innovation, based on the proposals of the interested parties, validated by the sectoral committees, and approved by Government decision. (3) The preparation through post-secondary education is based on the professional training standards approved by the Ministry of Education, Research and Innovation following consultation of the social partners and their validation by the committees sector. Professional training standards, which specify the level of qualification, are usually carried out on the basis of occupational standards validated by sectoral committees. (4) The schools of foremen are post-secondary schools. (5) Post-secondary education has a duration of 1-3 years, depending on the complexity of the qualification and the previous level of training of students. (6) The schooling in state post-secondary education, organized at the initiative of the Ministry of Education, Research and Innovation, is financed through the local budgets of the administrative-territorial units, from the amounts broken down from some income of the state budget and other income of local budgets. Schooling can also be financed by applicants, natural or legal persons, by contract concluded with the educational establishment that provides schooling. (7) The tuition figure corresponding to the post-secondary state education shall be established annually by Government decision, at the proposal of the Ministry of Education, Research and Innovation, in consultation with the interested factors. --------------- Article 51 has been amended by section 1. 1 1 of art. I of EMERGENCY ORDINANCE no. 128 128 of 12 November 2007 , published in MONITORUL OFFICIAL no. 776 776 of 15 November 2007. + Article 52 (1) Admission in post-secondary education is made in accordance with the general criteria established by the Ministry of Education, Research and Innovation, based on a methodology developed by the educational unit, in consultation with the interested factors. (2) They have the right to enroll in post-secondary education, under the conditions of para. (1), high school graduates, with or without a baccalaureate diploma. (3) The number of places for post-secondary education financed by applicants, natural or legal persons, is approved by the school inspectorate and is communicated to the Ministry of Education, Research and Innovation. --------------- Alin. ((3) of art. 52 52 has been amended by section 2 2 of art. I of EMERGENCY ORDINANCE no. 128 128 of 12 November 2007 , published in MONITORUL OFFICIAL no. 776 776 of 15 November 2007. + Article 53 (1) Post-secondary education shall end with graduation examination, regulated by the Ministry of Education, Research and Innovation by specific methodology, developed in consultation with stakeholders. (2) The promotion of the graduation exam gives the right to obtain a certificate of professional skills. (3) In case of non-promotion of the graduation exam, it can still be held in any other session, with the coverage of the examination expenses by the graduates. + Article 54 The Government's decision establishes, annually, the state's oblibations regarding post-secondary education. + Chapter IX Higher education + Article 55 (1) Higher education is carried out through educational institutions: universities, institutes, academic studies and postgraduate schools. (2) The mission of higher education institutions is educational and research or only educational. + Article 56 ----------- Alin. ((1) of art. 56 56 has been repealed by art. 39 of EMERGENCY ORDINANCE no. 75 75 of 12 July 2005 , published in MONITORUL OFFICIAL no. 642 642 of 20 July 2005. (2) The establishment and functioning of colleges, colleges and university specializations shall be made according to the law. (3) The establishment of university departments is approved by university senates. (4) The establishment of university departments for the training of teaching staff is approved by the Ministry of Education, Research and Innovation, at the proposal of the university senates. + Section 1 Organizing university education -------------- Article 57 was repealed by art. 20 of LAW no. 288 288 of 24 June 2004 , published in MONITORUL OFFICIAL no. 614 614 of 7 July 2004. + Article 58 (1) State university education is free of charge, for the tuition figure approved annually by the Government, and with tax, according to the law. (2) In free state university education fees are charged for: exceeding the length of tuition provided by law, admissions, registrations, re-registration, repetition of exams and other forms of verification, which exceed the provisions of the plans of education. Fees can also be charged for activities not included in the education plan, according to the methodology approved by the university senate. (3) The amount of the fees and the exemption from their payment shall be determined by the university senates. + Article 59 (1) I can participate in the admission to university education high school graduates with a baccalaureate diploma. The organization of admission is the competence of each higher education institution, based on the general criteria established by the Ministry of Education, Research and Innovation. Admission can be held in two sessions. (2) High school graduates, with a baccalaureate diploma, who have obtained in one of the last 4 years of studies accolades at international school Olympiads, at artistic or sports competitions of continental, world or Olympic level have the right to enroll in university education without supporting admission. ------------- Alin. ((2) art. 59 59 has been amended by section 1 1 of the single article of LAW no. 34 34 of 11 March 2004 , published in MONITORUL OFFICIAL no. 239 239 of 18 March 2004, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 68 68 of 14 August 2003 , published in MONITORUL OFFICIAL no. 590 590 of 19 August 2003. (3) High school graduates with a baccalaureate diploma, who have obtained, in at least one of the last 2 years of studies, prizes at school Olympiads, at artistic or sports competitions, at national level or by groups of countries, can be admitted to education university, according to the general criteria established by the Ministry of Education, Research and Innovation and specific criteria developed by university senates. (4) In the state university education the conditions of admission, the network and the tuition figures shall be made public at least 6 months before the beginning of the academic year. --------------- Alin. ((5) of art. 59 59 has been eliminated by the repeal of section 4 4 of the single article of EMERGENCY ORDINANCE no. 130 130 of 30 June 2000 , published in MONITORUL OFFICIAL no. 306 306 of 4 July 2000 by LAW no. 98 98 of 26 March 2001 , published in MONITORUL OFFICIAL no. 157 157 of 29 March 2001. --------------- NOTE C.T.C.E.: * *) According to section 17 17 of the Annex to EMERGENCY ORDINANCE no. 295 295 of 30 December 2000 , published in MONITORUL OFFICIAL no. 707 of 30 December 2000, on 1 January 2001 the application is suspended EMERGENCY ORDINANCE no. 130 130 of 30 June 2000 in the lawmaking procedure, until the adoption of the law of approval or rejection by Parliament. During this suspension, the existing regulations on the date of entry into force of this emergency ordinance shall apply. By LAW no. 98 98 of 26 March 2001 , published in MONITORUL OFFICIAL no. 157 of 29 March 2001 was approved with amendments EMERGENCY ORDINANCE no. 130 130 of 30 June 2000 , published in MONITORUL OFFICIAL no. 306 306 of 4 July 2000. + Article 60 (1) Teaching activity can be organized in the following forms: day, evening, with reduced frequency and distance. The forms of seral education, with reduced and remote frequency can be organized by higher education institutions that have day courses. -------------- Alin. ((2) of art. 60 60 has been repealed by art. 20 of LAW no. 288 288 of 24 June 2004 , published in MONITORUL OFFICIAL no. 614 614 of 7 July 2004. ((3) The diplomas and certificates of studies issued by higher education institutions, under the law, for the same specialization are equivalent, regardless of the form of graduate education. (4) The nomenclature of specializations and groups of specializations shall be established by the Ministry of Education, Research and Innovation together with the Ministry of Labour, Family and Social Protection, in consultation with the National Council for Academic Evaluation and Accreditation, higher education institutions and other stakeholders. (5) Graduates with a bachelor's degree can follow a second specialization, under the conditions set out in the University Charter. (6) Graduates with a diploma of university colleges can pursue a second specialization in short term university education, under the conditions set out in the University Charter. + Article 61 (1) Foreign students may also be enrolled in higher education institutions, in accordance with the legal provisions. (2) Foreign citizens who study in Romania in higher state education, with the exception of those who benefit from scholarships from the Romanian state, pay tuition fees established annually by Government decision. + Section 2 Short-term university education -------------- Article 62 was repealed by art. 20 of LAW no. 288 288 of 24 June 2004 , published in MONITORUL OFFICIAL no. 614 614 of 7 July 2004. -------------- Article 63 was repealed by art. 20 of LAW no. 288 288 of 24 June 2004 , published in MONITORUL OFFICIAL no. 614 614 of 7 July 2004. -------------- Article 64 was repealed by art. 20 of LAW no. 288 288 of 24 June 2004 , published in MONITORUL OFFICIAL no. 614 614 of 7 July 2004. -------------- Article 65 was repealed by art. 20 of LAW no. 288 288 of 24 June 2004 , published in MONITORUL OFFICIAL no. 614 614 of 7 July 2004. + Section 3 Long-term university education + Article 66 Long-term university education is carried out in universities, institutes and studies academies, with authorized or accredited faculties and specializations. + Article 67 (1) The duration of studies in the day courses in long-term university education is, depending on the profile, 4-6 years and is established by Government decision. The change in the duration of studies can only be done starting with (2) Studies in long-term university education end with a bachelor's or diploma exam. The general criteria for the organization of the bachelor and diploma exam are established by the Ministry of Education, Research and Innovation, and their content and specific criteria, by the university senates. (3) Graduates who have passed the bachelor's exam receive the license title in the profile and in the specialization followed. (4) Graduates who did not pass the bachelor or diploma exam receive, on request, a certificate of long-term university studies and copy of the transcript. They can still take the bachelor's or diploma exam in any other session, with the coverage of the examination expenses set by the university senate. Higher education institutions can organize special courses, under the conditions of art. 58, for own graduates or from other higher education institutions, in order to prepare for the bachelor and diploma examination. (5) The title of the Bachelor's degree shall be established by the Ministry of Education, Research and Innovation, in accordance with international standards. ((6) Studies in university education with a duration of more than 4 years shall end, as the case may be, with a diploma examination. (7) Graduates who have passed this exam receive the title of diplomat in the following specialization, in accordance with international standards. ((8) The diplomas issued by the institutions of long-term university education until 1999 inclusive are equivalent to the diplomas obtained from the promotion of the bachelor and diploma examination. + Article 68 (1) Students and graduates who opt for the teaching profession have the obligation to complete the courses organized by the Department for the training of teaching staff. (2) Departments for the training of teaching staff operate in higher education institutions, based on regulation, and have distinct education plans, approved by the university senate. (3) Preparation of students, provided in par. ((1) and (2), shall be carried out in the regime of optional teaching activities. The department's education plans are integrated into the education plans of the profile faculties. (4) Graduates of the Department for the training of teaching staff shall be issued certificates of graduation, on the basis of which they are empowered to function as teachers. (5) Graduates of university education can only practice in education if they have obtained the graduation certificate referred to in par. ((4) or if it performs the training provided in par. (1) in the first 3 years of employment. + Article 69 Clinical activities in state higher medical education are organized in attested public health facilities, which belong to the Ministry of Health and the other ministries with their own health network. The methodology for organizing and conducting these activities is developed by the Ministry of Education, Research and Innovation and the Ministry of Health. + Section 4 Postgraduate education + Article 70 (1) Postgraduate education ensures the specialization in the field or the extension and improvement of the training attested by the diploma obtained upon completion of university studies. (2) Postgraduate education is organized in higher education institutions and in schools of postgraduate studies, accredited for this purpose, and is carried out by: in-depth specialized studies, masters, postgraduate academic studies, doctorate, postgraduate studies of specialization and postgraduate refresher courses. (3) The accredited higher education institutions, which periodically submit to the institutional evaluation, have the right to organize master's degree studies, by decisions of the university senate. Master's studies can be organized in the undergraduate fields, as well as in other fields established by order of the relevant minister. ------------- Alin. ((3) art. 70 70 has been amended by section 1 1 of the single article of LAW no. 250 250 of 30 June 2009 , published in MONITORUL OFFICIAL no. 462 462 of 3 July 2009, amending section 1 1 of the single article of EMERGENCY ORDINANCE no. 89 89 of 24 June 2008 , published in MONITORUL OFFICIAL no. 480 480 of 30 June 2008. (4) Master's programs in a field shall be considered accredited, if at least one master's program in that field is accredited. The deadline by which the universities organizing masters studies in a field must accredit at least one master's degree program in that field is October 1, 2011. After this date, Master's studies can be organized only in the fields for which at least one Master's program was accredited in advance. ------------- Alin. ((4) art. 70 70 has been introduced by section 2 2 of the single article of LAW no. 250 250 of 30 June 2009 , published in MONITORUL OFFICIAL no. 462 of 3 July 2009, which complements the single article of EMERGENCY ORDINANCE no. 89 89 of 24 June 2008 , published in MONITORUL OFFICIAL no. 480 480 of 30 June 2008, with point 1 1 ^ 1. (5) On the date of entry into force of the law approving this emergency ordinance, a Master's study program can be established and can only work if the university has its own titular teaching staff, as a teacher or a Lecturer, for at least half of the subjects related to the programme. ------------- Alin. ((5) art. 70 70 has been introduced by section 2 2 of the single article of LAW no. 250 250 of 30 June 2009 , published in MONITORUL OFFICIAL no. 462 of 3 July 2009, which complements the single article of EMERGENCY ORDINANCE no. 89 89 of 24 June 2008 , published in MONITORUL OFFICIAL no. 480 480 of 30 June 2008, with point 1 1 ^ 1. (6) Higher education institutions that do not comply with the provisions of this Article lose the right to organize master's programs in the fields with non-conformities and to receive diplomas from the Ministry of Education, Research and Innovation. ------------- Alin. ((6) art. 70 70 has been introduced by section 2 2 of the single article of LAW no. 250 250 of 30 June 2009 , published in MONITORUL OFFICIAL no. 462 of 3 July 2009, which complements the single article of EMERGENCY ORDINANCE no. 89 89 of 24 June 2008 , published in MONITORUL OFFICIAL no. 480 480 of 30 June 2008, with point 1 1 ^ 1. + Article 71 (1) Admission in postgraduate education, except for the doctorate, is based on the general criteria approved by the Ministry of Education, Research and Innovation and specific criteria approved by the senate of the higher education institution. (2) Admission to the doctorate, its organization and conduct shall be regulated by Government decision. (. The number of places for postgraduate education shall be determined by: a) Ministry of Education, Research and Innovation, for those financed from the state budget; b) university senates, for those supported by taxes or other extra-budgetary sources. + Article 72 (1) The in-depth studies have the duration of two or three semesters and are done in the field of specialization of the degree obtained upon completion of the long-term university studies. (2) The in-depth studies end with a dissertation. Graduates receive their degree of in-depth studies. (3) Students enrolled in specialized in-depth studies on the places financed from the state budget benefit from the gratuity of studies, as well as scholarships, in accordance with the provisions of the law. -------------- Alin. ((4) of art. 72 72 has been repealed by art. 20 of LAW no. 288 288 of 24 June 2004 , published in MONITORUL OFFICIAL no. 614 614 of 7 July 2004. -------------- Alin. ((5) of art. 72 72 has been repealed by art. 20 of LAW no. 288 288 of 24 June 2004 , published in MONITORUL OFFICIAL no. 614 614 of 7 July 2004. -------------- Alin. ((6) of art. 72 72 has been repealed by art. 20 of LAW no. 288 288 of 24 June 2004 , published in MONITORUL OFFICIAL no. 614 614 of 7 July 2004. + Article 73 -------------- Alin. ((1) of art. 73 73 has been repealed by art. 20 of LAW no. 288 288 of 24 June 2004 , published in MONITORUL OFFICIAL no. 614 614 of 7 July 2004. (2) They have the right to participate in the admission contest to doctoral graduates with a diploma of long-term university education. (3) The doctoral leaders may be university professors, holders, associates or consultants or academics, having the title of doctor. The right to conduct the doctorate is nominally endorsed by the National Council for Attestation of University Titles, Diplomas and Certificates, at the proposal of the organizing institutions, and is conferred by order of the Minister of Education, Research and Youth. (4) The doctorate is organized, with and without frequency, in higher education institutions approved by the Ministry of Education, Research and Innovation, at the proposal of the National Council for Attestation of University Titles, Diplomas and Certificates. (5) The doctorate ends with a thesis publicly supported and evaluated by a commission of specialists approved by the senate of the organizing higher education institution. The Commission is composed of a president, PhD supervisor and three official reviewers, specialists with special scientific activity, as a doctor in the field, university professors, university lecturers, academics, First degree scientific researchers, from the country or abroad, of which at least 2 do not work in the organizing institution of the doctorate. For the work done the official reviewers are paid according to the norms established by the Ministry of Education, Research and Innovation (6) The scientific title of doctor shall be awarded by the organizing institution and shall be confirmed by the National Council for the Attestation of University Titles, Diplomas and Certificates, at the proposal of the specialized commissions. Based on the order of the Minister of Education, Research and Youth the organizing institution issues the doctor's degree + Article 74 (1) The schools of postgraduate academic studies, organized as independent institutions in the country or abroad, offer training programs lasting 2-4 semesters, in the form of day education or with reduced frequency, in order to extend and perfecting attested training through the diploma of long-term university studies. ((2) Studies shall be completed with the support of a dissertation. Graduates receive their postgraduate academic degree. + Article 75 (1) Postgraduate studies of specialization can be followed by graduates with a diploma obtained upon completion of long-term studies. The duration of the studies, the curriculum and the modality of completion are approved by the university (2) Graduates shall be issued a diploma of postgraduate degree of specialization. + Article 76 (1) Postgraduate training courses can be followed by graduates with a diploma of short or long-term university education. The duration of the courses, the training program and the method of completing the studies are approved by the university senate (2) The teaching staff with short or long-term university studies from pre-university education participate periodically in postgraduate training courses of specialized, methodical and psycho-pedagogical training, according to the norms established by the Ministry of Education, Research and Innovation. (3) Graduates of post-graduate training courses receive a certificate of graduation. + Article 77 For the organization of postgraduate training activities provided in art. 74 higher education institutions may associate themselves with similar institutions, as well as economic agents in the country or abroad. In this case the structure of studies, organizational structures and their mode of operation and funding are approved by the Ministry of Education, Research and Innovation, at the proposal of the initiator higher education institution. + Article 78 (1) Postgraduate education is supported by taxes or other sources, with the exceptions provided by law. (2) State resources in postgraduate education shall be obtained by competition. + Article 79 Medical postgraduate education is organized in specific forms established by Government decision, at the proposal of the Ministry of Education, Research and Innovation and the Ministry of Health. + Section 5-a Scientific research in higher education + Article 80 (1) In higher education institutions can organize research and development and innovation activities, artistic creation, design, consulting, expertise, other services and specific production or creation activities, within the departments, departments or in their own research and production facilities, including through collaboration with educational and research institutions or other legal entities in the country or abroad. -------------- Alin. ((2) of art. 80 80 has been repealed by section 6.6. 2 2 of the single article of EMERGENCY ORDINANCE no. 89 89 of 24 June 2008 , published in MONITORUL OFFICIAL no. 480 480 of 30 June 2008. (3) The research and development and innovation, design, consulting, expertise, production, creation and service provision units shall be established with the approval of the university senates. They can have legal personality and are part of the Ministry of Education, Research and Innovation network. (4) The departments, departments and research and development and innovation units, design, consulting, expertise, production, creation and service provision are framed with teaching staff, research staff and research staff. technical-administrative and other categories of research personnel, as appropriate. (5) Students may participate in research and innovation contracts in departments, departments and laboratories, as well as in production and service activities in workshops or production, creation and service facilities of the European Union. the institution of higher education, being remunerated in accordance with the legislation in force. (6) The way of organizing and carrying out the activities provided in par. (1), as well as the functioning of the units provided in par. (3) shall be established by regulations approved by the university senate. -------------- Article 80 has been amended by section 6.6. 2 2 of the single article of LAW no. 2 2 of 9 January 2008 , published in MONITORUL OFFICIAL no. 21 21 of 11 January 2008. + Article 81 (1) The fundamental scientific research programs, as well as other programs of particular interest are financed, on the basis of contracts, from the funds allocated annually, directly to the Ministry of Education, Research and Innovation, from the state budget, separately from funding the educational process. The funding of research contracts is done competitively, based on the assessments made by the National University Scientific Research Council. (2) Advanced technological research programs, applied research programs, as well as design, consulting, expertise, other than those having as beneficiary the Ministry of Education, Research and Innovation, are funded, based on of contracts concluded directly with the beneficiaries of the research or activities, from the funds from the state budget and from the special research fund, allocated to other ministries, as well as from other sources. (3) In the case of financing or grant contracts, concluded between the National Agency for Science, Technology and Innovation *), on the one hand, and the units referred to in art. 80 80 para. (1), (2) and (7), on the other hand, the results of the investigations belong to the executors. -------------- * *) In accordance with the provisions art. 6 of Government Emergency Ordinance no. 56/1998 , published in the Official Gazette of Romania, Part I, no. 515 515 of 30 December 1998 and approved by Law no. 157/1999 , the duties of the former Ministry of Research and Technology were taken over by the National Agency for Science, Technology and Innovation. (4) The scientific research activity carried out in the research institutes of the Ministry of Education, Research and Innovation is financed from the state budget, for the programs requested by this ministry, and from other sources, for the programs ordered by third parties + Article 82 (1) The own incomes of higher education institutions, carried out from research and development and innovation activities, artistic creation, design, consulting or expertise, as well as from contracts for other scientific services, teaching or production and service provision, can be highlighted in separate accounts with commercial banks, under the conditions of this law. (2) Of the income provided in par. (1) the following categories of expenditure may be financed, having as their object: the development of the own research, teaching, production and service base, as well as for the payment of staff employed in these activities, research grants and training, information and documentation, fees for participation as a member in bodies, organizations and institutions, organization and/or participation in internal and international cultural-scientific events, didactic book publishing and specialty. (3) The own revenues made and unused at the end of the year shall be carried over to the same destination the following year -------------- Article 82 has been amended by section 2. 3 3 of the single article of LAW no. 2 2 of 9 January 2008 , published in MONITORUL OFFICIAL no. 21 21 of 11 January 2008. + Section 6 Structure of higher education institutions + Article 83 The higher education institution usually includes several faculties, university colleges, departments, chairs, scientific research, design and microproduction units. + Article 84 (1) The Faculty represents the basic functional unit of the higher education institution and has in its composition one or more specialized departments. The faculty is organized by departments and chairs. The teaching activity in the faculty is carried out on years of studies, teaching series, groups and subgroups. (2) The faculties shall be individualized by: a) conditions of admission and graduation; b) study programs; c) areas of specialization. (3) The faculty includes teaching staff and students, scientific researchers and designers, auxiliary and administrative staff. + Article 85 The university college is the functional unit subordinated to the institution of higher education or faculty. + Article 86 The department constitutes a structure subordinated to the institution of higher education or, as the case may be, to the faculty, having didactic functions, scientific research, design and production. The organization and functioning of the departments are established by the university senates + Article 87 The Chair is the basic structural unit of the faculty or, as the case may be, of the department, which carries out educational and research activities. The Department includes teaching staff and, as the case may be, research, design and auxiliary staff, from a discipline or from a family of disciplines. + Article 88 (1) Higher education institutions or their components have the right to organize and to manage research facilities and centres, centres for the preparation of human resources, production units, and micro-production units, lots experimental or institutional structures, alone or in collaboration with legal entities. (2) Higher education institutions have the right to organize, in collaboration with similar institutions in the country and abroad, university and postgraduate education programs, according to the methodology established by the Ministry of Education, Research and Innovation. + Section 7 University autonomy + Article 89 (1) The university autonomy consists of the university community's right to conduct itself, to exercise its academic freedoms without any ideological, political or religious interference, to assume a set of powers and obligations in the university. consistent with the national strategic options and guidelines of the development of higher education, established by law. (2) The university autonomy shall be correlated with the principle of personal and public liability for the quality of all the teaching and scientific research carried out by the respective institution of higher education. + Article 90 (1) The university community is composed of teaching staff, auxiliary teaching staff, scientific research staff, design, as well as those who study in that institution. (2) The university community uses its administrative staff. + Article 91 (1) The university space is constituted by the totality of edifices, land, university campuses, facilities of any kind and with any destination, used by the higher education institution, regardless of the legal title under which it is entitled to use them. (2) I take exception to the provisions of par. (1) the related spaces and facilities belonging to the Ministry of Health and ministries with their own health network, in which the state higher medical education is carried out. + Article 92 (1) The set of rights and obligations, as well as the norms governing the life of the university community in the university space, are included in the university charter of the higher education institution, adopted by the university senate, in the law. (2) The university autonomy concerns the fields of management, structuring and functioning of the institution, of the teaching and scientific research, of administration and of financing. (3) The university autonomy is mainly achieved by: a) establishing the internal structure of the higher education institution, according to the law b) programming, organization, conduct and perfection of the educational process; establishment of curricula and analytical programs in agreement with the strategies and national standards of higher education development; organization admission of candidates to studies and definition of the criteria for the evaluation of academic and professional performance of students; c) design, organization and establishment of forms of postgraduate education, confirmed by the accreditation of study programs; establishment, together with the Ministry of Education, Research and Innovation and other public authorities, economic agents, recognised professional and employers ' organisations at national level, of the areas in which the issued diplomas and certificates are used; d) selection and promotion of the teaching staff or other categories of personnel employed, as well as the establishment of the criteria for the appreciation of the didactic and scientific activity; the law; e) organization of scientific research and documentation; organization of publishing and printing activities; organization of audiovisual activities; establishment of cooperation programs with other institutions of higher education and research, in the country and from abroad; f) the eligibility of all leading bodies by secret ballot; g) establishment of financial and material necessity; use of funds and their management, in compliance with legal provisions; finding and establishing additional sources of income; organization and control of economic and household services; h) solving the social problems of university communities; awarding scholarships and research, including those from own funds; i) organization of scientific, cultural and sports events and activities; j) establishment of foundations, according to the law; establishment and use of their own insignia; k) ensuring order and discipline in the university space. (4) In financial terms, the university autonomy is carried out as a management law, according to the law and personal responsibility, of funds allocated from the national public budget or from other sources, including the revenues made from taxes in foreign currency from foreign students and students, according to the criteria established by mutual agreement with the Ministry of Education, Research and Innovation. + Article 93 (1) Members of the university community have the right to take part in the management of university affairs; governing bodies shall be elected by secret ballot, according to the University Charter, for periods of 4 years. (2) The bodies chosen, with the exception of the rector, shall be confirmed by the university senate. The rector shall be chosen by the senate and shall be confirmed by order of the Minister of Education, Research and Youth. A person may not serve as dean or rector more than two successive full terms. The rector may be removed from office by the university senate by the same procedure used for appointment. -------------- Alin. ((2) art. 93 93 has been amended by section 4 4 of the single article of LAW no. 2 2 of 9 January 2008 , published in MONITORUL OFFICIAL no. 21 21 of 11 January 2008. (3) The Minister of Education, Research and Youth may suspend him from office, for justified reasons, on the rector of a higher education institution, state or private, accredited. The decision to revoke or hold the rector in office shall be taken by the university senate, no later than 30 days from the date of communication of the suspension order. + Article 94 (1) In the university senates and on the councils of the faculties the students are represented in proportion of one-fourth of the members of these councils and senate, under the conditions established by the University Charter. (2) The protection of the members of the university community in the professional activity and in the university space is registered in the Deviations from university deontology are analyzed and resolved at the level of faculty and senate councils. (3) Members of the university community are required to comply with the internal regulations of the higher education institution, established in accordance with the University Charter. + Article 95 The university space is inviolable. Access to the university space is allowed only under the conditions established by law or by the University Charter. + Article 96 At national level the university autonomy is manifested by the direct relationship of the rector of the higher education institution with the Ministry of Education, Research and Innovation and by choosing the representatives of the institution in professional bodies, according to Law. + Chapter X Military education and public order and security education -------------- Title Cap. X of Title II has been amended by section 6.6. 4 4 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. + Article 97 (1) Military education and public order and security education is state education, an integral part of the national education system, and includes: high school education, post-secondary education for the training of military foremen, Police officers and officers, university education for the training of officers, police officers and other specialists, postgraduate education. (2) The improvement of the training of military personnel and police personnel is carried out in distinct educational institutions. (3) The provisions on military education and education of pre-university public order and security shall also apply accordingly to pre-university education in the field of transport. -------------- Article 97 has been amended by section 6.6. 5 5 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. + Article 98 The organizational structure, profiles, specializations, annual tuition figures, criteria for selection of candidates for military education and public order and security education are established by the Ministry of National Defence, Ministry of Administration and Interior, Ministry of Justice and Civil Liberties, Romanian Intelligence Service and other institutions with attributions in the field of defense, public order and national security, according to the specificity of each weapon, specializations, level and form of organization of education, with the opinion Ministry of Education, Research and Innovation. -------------- Article 98 has been amended by section 6.6. 6 6 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. + Article 99 The education plans for high school, post-secondary and military higher education, public order and security, are developed by the Ministry of National Defence, the Ministry of Administration and Interior, the Ministry of Justice and Citizen Freedoms, The Romanian Intelligence Service and other institutions with attributions in the field of defense, public order and national security and are endorsed by the Ministry of Education, Research and Innovation. -------------- Article 99 has been amended by section 6.6. 7 7 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. + Article 100 Certificates of graduation and professional skills, respectively graduation and bachelor's degrees issued by military educational institutions and public order and security education, as well as scientific titles obtained, give the right legal holders, after the termination of service relations with the institution in the field of defence, public order and national security, under the law, to the equivalence of studies and diplomas with those of graduates of civil institutions of education with close profile, of the same level. -------------- Article 100 has been amended by section 8 8 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. + Article 101 The educational process in military educational establishments and institutions, as well as in those of public order and security of all levels, is carried out in Romanian. Admission to these establishments and institutions can also be carried out in the language of national minorities. -------------- Article 101 has been amended by section 1. 9 9 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. + Article 102 For the application of the provisions of this law to the specifics of military education and public order and security education, the Ministry of National Defence, the Ministry of Administration and Interior, the Ministry of Justice Citizens, the Romanian Intelligence Service and other institutions with attributions in the field of defense, public order and national security may issue orders, regulations and their own instructions. -------------- Article 102 has been amended by section 4.2. 10 10 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. + Chapter XI Private education + Article 103 (1) Private education includes both pre-university education and university education. ----------- Alin. ((1) art. 103 103 has been amended by section 1 1 of the single article of LAW no. 480 480 of 19 December 2006 , published in MONITORUL OFFICIAL no. 1.025 1.025 of 22 December 2006. (2) Accredited institutions and private educational establishments are part of the national education and education system and are subject to the provisions of this law. (3) The institutions and units of private education have organizational and functional autonomy in accordance with the legal regulations regarding the organization and functioning of the education system. (4) Accredited institutions and private educational establishments may be supported by the State. + Article 104 Private education works according to law, if: a) is organized and operates on the nonprofit principle; b) is organized on non-discriminatory principles and rejects ideas, currents and anti-democratic, xenophobic, sovinistic and racist attitudes; c) comply with national standards. + Article 105 (1) Pre-university private education is organized and operated with the same levels and in the same types of educational establishments as state pre-university education. (2) Kindergartens, primary and secondary schools, as well as arts and crafts schools can be established with the authorization of the school inspectorate, based on the evaluation documentation. (3) High schools, including those comprising the year of completion, as well as post-secondary schools can be established with the opinion of the school inspectorate and with the approval of the Ministry of Education, Research and Innovation, based on the evaluation documentation. ------------- Article 105 has been amended by section 6.6. 36 36 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 106 (1) The evaluation criteria for pre-university private education refer to the fundamental areas of organization and functioning: teaching staff, content, material basis and financial activity. -------------- Alin. ((2) of art. 106 106 has been repealed by art. 39 of EMERGENCY ORDINANCE no. 75 75 of 12 July 2005 , published in MONITORUL OFFICIAL no. 642 642 of 20 July 2005. -------------- Article 107 was repealed by art. 39 of EMERGENCY ORDINANCE no. 75 75 of 12 July 2005 , published in MONITORUL OFFICIAL no. 642 642 of 20 July 2005. + Article 108 (1) Similar plans or alternatives to state education, which include compulsory, optional and optional disciplines, corresponding to national standards, shall apply in pre-university private education. (2) The analytical programmes of the disciplines must meet the same requirements as the curricula. (3) For pre-university private education the plans and curricula, similar or alternative to state education, are approved by the Ministry of Education, Research and Innovation. + Article 109 In the pre-university private education the study formations (classes, groups, subgroups) cannot exceed the maximum legal limits. + Article 110 (1) In the pre-university private education the teaching positions are handled under the conditions provided by the Staff Regulations. (2) Teachers in pre-school and primary private education must have the basic norm in that unit. (3) In secondary private education, at least 40% of the number of teaching staff must be assigned to the basic standard in that establishment. ------------- Alin. ((3) of art. 110 110 has been amended by section 38 38 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. (4) For post-secondary private education at least 50% of the posts, constituted in accordance with the legal provisions, must be covered with teaching staff employed with the basic norm in that unit. (5) The leading teaching staff in private education must be employed with the basic norm in the respective educational establishment and meet the requirements of the Staff Regulations on the occupation of management positions. + Article 111 The diplomas or certificates granted by the pre-university private education units, established according to this law, have value and produce the effects of the studies issued in state education, if the graduation exams were supported in the face of commissions appointed in accordance with the legal provisions. + Article 112 Students in private education can transfer to other state or private educational establishments, with the consent of the welcoming unit and under the conditions established by the Ministry of Education, Research and Innovation. -------------- Article 113 was repealed by art. 39 of EMERGENCY ORDINANCE no. 75 75 of 12 July 2005 , published in MONITORUL OFFICIAL no. 642 642 of 20 July 2005. + Article 114 In private education tuition fees are established by each institution or educational establishment, under the law. + Article 115 (1) The material basis of the institutions and private educational establishments must correspond to the standards of conducting an educational process of quality: adequate spaces for the educational process, in the property or rented; laboratories own, with appropriate equipment for one year in advance compared to the school year; the library equipped with own book fund, appropriate to the content of the disciplines and their level. (2) In order to obtain the accreditation the institution or the respective educational establishment must prove that during the period of provisional operation it used at least 25% of the income for investments in its own material base. (3) After two subsequent cycles of accreditation the institution or the educational establishment must provide proof that it owns at least 50% of the educational spaces and that during the previous period it used at least 25% of the income for investments in the own material base. (4) In the particular pre-university and confessional education, the teaching council of the respective educational establishment decides in relation to the maintenance of the staff in the teaching or management activity, after the fulfillment of the legal retirement age. -------------- Alin. ((4) of art. 115 115 has been introduced by section 1 1 of art. I of LAW no. 160 160 of 6 June 2007 , published in MONITORUL OFFICIAL no. 394 394 of 12 June 2007. (5) The patrimony of the private and pre-university educational establishments is the private property of the founders. -------------- Alin. ((5) of art. 115 115 has been introduced by section 1 1 of art. I of LAW no. 160 160 of 6 June 2007 , published in MONITORUL OFFICIAL no. 394 394 of 12 June 2007. + Article 116 Institutions and private educational establishments shall be subject to evaluation and control, under the law. + Article 116 ^ 1 (1) The private universities are free, open, autonomous higher education institutions, both academically and economically-financially, having as their foundation the private property, guaranteed by the Constitution *). (2) The particular universities are founded on the initiative and with the material and financial resources of a natural person, a group of individuals, a foundation, associations, a religious cult or another education provider, in the the law. (3) For their recognition and functioning, higher education institutions shall carry out the authorization and accreditation steps provided for by national and European higher education legislation. The establishment of private universities is by law. (4) The dissolution or abolition of private universities can also be done at the proposal of the founders, addressed to the Ministry of Education, Research and Innovation, under the law. ------------- Art. 116 ^ 1 was introduced by item 1. 2 2 of the single article of LAW no. 480 480 of 19 December 2006 , published in MONITORUL OFFICIAL no. 1.025 1.025 of 22 December 2006. -------------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: By CONSTITUTIONAL COURT DECISION no. 731 731 of 7 May 2009 , published in MONITORUL OFFICIAL no. 395 395 of 11 June 2009, and by DECISION no. 732 732 of 7 May 2009 , published in MONITORUL OFFICIAL no. 398 of 11 June 2009, the exception of unconstitutionality of the provisions art. 72 72 para. ((5) of Law no. 128/1997 on the Statute of the teaching staff finding that these provisions are unconstitutional, in so far as they refer to the provisions of art. 116 ^ 1 para. ((1) and art. 116 ^ 2 para. (1) of the Education Law no. 84/1995 , which in turn are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional were suspended by law. In conclusion, between 11 June 2009 and 26 July 2009, the provisions of art. 116 ^ 1 para. ((1) shall be suspended by law, ending its legal effects as of July 27, 2009, as the legislator did not intervene to amend the contested provisions. + Article 116 ^ 2 (1) The structures and management functions of the private universities, the attributions, the constitution, the duration of the mandates and the age limits of the teachers are established by the charter of the university. Final decisions, in this regard, return to the university *). (2) The private universities may establish the position of the university president, authorising officer, with attributions established by the charter of the university. ------------- Art. 116 ^ 2 was introduced by item 2 2 of the single article of LAW no. 480 480 of 19 December 2006 , published in MONITORUL OFFICIAL no. 1.025 1.025 of 22 December 2006. -------------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: By CONSTITUTIONAL COURT DECISION no. 731 731 of 7 May 2009 , published in MONITORUL OFFICIAL no. 395 395 of 11 June 2009, and by DECISION no. 732 732 of 7 May 2009 , published in MONITORUL OFFICIAL no. 398 of 11 June 2009, the exception of unconstitutionality of the provisions art. 72 72 para. ((5) of Law no. 128/1997 on the Statute of the teaching staff finding that these provisions are unconstitutional, in so far as they refer to the provisions of art. 116 ^ 1 para. ((1) and art. 116 ^ 2 para. (1) of the Education Law no. 84/1995 , which in turn are unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. In conclusion, between 11 June 2009 and 26 July 2009, the provisions of art. 116 ^ 2 para. ((1) shall be suspended by law, ending its legal effects as of July 27, 2009, as the legislator did not intervene to amend the contested provisions. + Article 116 ^ 3 (1) The patrimony of private universities consists of the original patrimony of the founders, plus the later acquired heritage. It is composed of movable and immovable property and claims. (2) The heritage of private universities is their private property, freely available to them. In the case of the alienation of some assets of the university's patrimony, their value lies (3) In the event of dissolution, dissolution or liquidation, the patrimony of the private university, established by law, lies with the founders. ------------- Art. 116 ^ 3 was introduced by item 2 2 of the single article of LAW no. 480 480 of 19 December 2006 , published in MONITORUL OFFICIAL no. 1.025 1.025 of 22 December 2006. + Article 116 ^ 4 The sources of funding of the universities are composed of the amounts submitted by the founders, study fees and other school fees, public and private financing, sponsorships, donations and other such legally constituted sources. ------------- Art. 116 ^ 4 was introduced by item 2 2 of the single article of LAW no. 480 480 of 19 December 2006 , published in MONITORUL OFFICIAL no. 1.025 1.025 of 22 December 2006. + Article 117 (1) Cooperative education shall be carried out in establishments which are the property of cooperative associations. ((2) The financing of cooperative education shall be provided from the own funds of the cooperative associations, from school fees and from other sources. ------------- Alin. ((3) of art. 117 117 has been repealed by section 6.6. 11 11 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (4) The cooperative compulsory education units shall be subject to all provisions, obligations and rights of compulsory pre-university education. -------------- Alin. ((4) of art. 117 117 has been amended by section 2 2 of art. I of LAW no. 160 160 of 6 June 2007 , published in MONITORUL OFFICIAL no. 394 394 of 12 June 2007. + Chapter XII Education for people belonging to national minorities + Article 118 People belonging to national minorities have the right to study and train in their mother tongue at all levels and forms of education, as well as to the types of education for which there is sufficient demand, under the law. + Article 119 (1) According to local needs, groups, classes, sections or schools with teaching in the languages of national minorities can be organized on request and under the law. (2) Provisions of para. ((1) shall apply without prejudice to the learning of the official language and to surrender in that language. + Article 120 (1) Discipline The Romanian language is taught in primary education after school programs and textbooks specifically developed for the respective minority. In secondary education the Romanian language and literature discipline is taught according to school programs identical to those for classes with teaching in Romanian and specific textbooks. In the high school education discipline Romanian language and literature is taught according to school programs and textbooks identical to those for classes with teaching in Romanian. (2) In primary education with teaching in the languages of national minorities The history of Romanians and Geography of Romania are taught in these languages according to school programs and textbooks identical to those for classes with teaching in Romanian, with the obligation transcription and appropriation of toponomy and Romanian own names in Romanian. In secondary and high school education The history of Romanians and Geography of Romania are taught in Romanian, according to school programs and textbooks identical to those for classes with teaching in Romanian. The examination at the History of Romanians and Geography of Romania is done in the language of their teaching (3) In the programs and textbooks of universal history and history of Romanians will be reflected the history and traditions of national minorities in Romania. (4) In secondary school education is introduced, on request, as a discipline of study, History and traditions of national minorities, with teaching in the mother tongue. The analytical programs and manuals to this discipline are approved by the Ministry of Education, Research and Innovation. + Article 121 Students belonging to national minorities, who attend educational establishments with teaching in Romanian, are provided, on request and under the law, as a discipline of study, mother tongue and literature, as well as history and traditions the respective national minority. + Article 122 In state education in arts and crafts schools and the year of completion, as well as in specialized high school and post-secondary education, in which, on request and under the law, teaching is done in the mother tongue in the specialized disciplines, it is mandatory to acquire specialized terminology in Romanian. ------------- Article 122 has been amended by section 4.2. 38 38 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 123 (1) Within the state university educational institutions one can organize, under the law, on request, groups, sections, colleges and faculties with teaching in the languages of national minorities. In this case, the appropriation of specialized terminology in Romanian will be ensured. On request and by law, multicultural higher education institutions can be established. The languages of instruction in these higher education institutions shall be established within the framework of the founding law. (2) The right of persons belonging to national minorities to establish and to administer their own institutions of joint higher education, according to the law, shall be recognized. (3) Higher education institutions with multicultural structures and ctivities are encouraged to promote interethnic harmonious coexistence and integration at national and European level. (4) In all forms of education in Romanian or in the languages of national minorities one can register and prepare any Romanian citizen, regardless of his mother tongue and the language in which he followed the previous studies. + Article 124 In the education of all grades and levels the admission tests and the tests of the graduation exams can be held in the language in which the respective disciplines were studied, under the law. + Article 125 The Ministry of Education, Research and Innovation ensures, in the language of teaching, the preparation and improvement of teaching staff, as well as school textbooks and other teaching materials. + Article 126 In the management of the units and educational institutions in which there are groups, classes or wards with teaching in the languages of national minorities, a proportional representation of teachers among minorities is ensured, in compliance with professional competence. + Title III Education content + Chapter I Preuniversity education + Article 127 (1) The content of pre-university education is ensured through the National Curriculum The national curriculum is the coherent ensemble of the educational framework plans, programs and school textbooks in pre-university education. This ensemble comprises a common component for all schools of the same type and another component in the school's decision. (2) The educational framework plans shall include compulsory, optional and optional subjects, as well as the minimum and maximum number of hours for each of them. (3) The school programs establish for each discipline in the educational plan the instructive-educational and formative objectives of the discipline and highlight the fundamental contents of the theoretical, experimental and applicative order, providing guidelines general methodological for their achievement. + Article 128 (1) The educational framework plans and school curricula for pre-university education shall be developed by the national specialized committees, being coordinated and endorsed by the National Council for the Curriculum, and approved by the Minister education, research and youth. (2) Only school textbooks approved by the Ministry of Education, Research and Innovation are used in educational establishments. (3) Alternative manuals may be used in pre-university educational establishments. The teacher has the right to recommend to students a certain textbook, based on the criteria established by the Ministry of Education, Research and Innovation. (4) The specific objectives in the evaluation of the educational process on each level of education are established by standards approved by the Ministry of Education, Research and Innovation. + Chapter II Higher education + Article 129 (1) In higher education institutions the educational plans shall be developed by the faculties or departments, shall be analyzed within their councils, shall be approved by the university senates and shall be endorsed by the Ministry of Education, Research and Innovation, to be consistent with national standards. The amendment of the educational plans can be made only from year I. (2) The analytical programs shall be developed by the holders of disciplines and shall be approved by the department or department. + Article 130 Depending on the specifics of the faculties and specializations, educational plans and analytical programs can also be designed in the modular structure. + Chapter III Extracurricular activity + Article 131 (1) The content of training and education at all levels of organization of education is completed by extracurricular activities. (2) The extracurricular activity is organized by schools, clubs, palaces of children and students, county administrations of the camps, the conductions of school camps and sports, tourist and recreational bases and other units for activities complementary, with the support of the family and other stakeholders. (3) The extracurricular activities have scientific, cultural-artistic, humanitarian, ecological, moral-civic, technical-applicative, touristic, sports, as well as recreational. (4) The National Palace of Children and Students in Bucharest, subordinated to the Ministry of Education, Research and Innovation, as well as the palaces of children in the counties, subordinated to the school inspectorates, also have a methodological role for the activities Extracurricular. + Article 132 (1) The organization and the competences of the units specialized in extracurricular activity shall be established by regulation approved by the Ministry of Education, Research and Innovation, in collaboration with the Ministry of Youth and Sports *). (2) The Ministry of Education, Research and Innovation, through school inspectorates, ensures and controls the achievement of the objectives of training and extracurricular education. ------------ NOTA C.T.C.E. S.A. Piatra-Neamt: By JUDGMENT no. 759 of July 3, 2003, published in the OFFICIAL GAZETTE no. 497 of 9 July 2003 the National Sports Agency was established. JUDGMENT no. 759 of July 3, 2003, published in the OFFICIAL GAZETTE no. 497 497 of 9 July 2003 was repealed by JUDGMENT no. 1.721 of 30 December 2008, published in the OFFICIAL GAZETTE no. 26 of 13 January 2009 regulating the organization and functioning of the Ministry of Youth and Sports. + Chapter IV Permanent education + Article 133 For the provision of permanent education the Ministry of Education, Research and Innovation collaborates with the Ministry of Culture, Religious Affairs and National Heritage and other interested ministries, as well as with the means of mass information, religious cults, Popular universities, cultural foundations, other societies and institutions, in order to facilitate access to science and culture of all citizens, regardless of age, in order to adapt them to the major mutations that occur in social life. + Article 134 The Ministry of Education, Research and Innovation, through its units and institutions, grants, on a contract basis, expert assistance to those who organize different adult training programs in the system of permanent education and conversion professional or can organize such programs on their own initiative. + Article 135 (1) Legal or natural persons may organize, within the framework of the continuous training system, together with educational establishments or institutions or separately, qualification, refresher and professional conversion courses of adults, which offer certificates of recognised professional competence in the labour market. (2) Legal persons may organize the courses provided in par. (1) only if they have provided for in the status these activities and if they are authorized by the Ministry of Education, Research and Innovation and, as the case may be, by the Ministry of Labour, Family and Social Protection or other public authorities, based on the criteria of evaluation established by regulation approved by the two ministries, in compliance with occupational standards, according to the law. Natural persons may organize such activities only under the conditions of the said authorization. (3) The way of certification of professional skills within the continuous training system shall be established by the Ministry of Education, Research and Innovation, together with the Ministry of Labour, Family and Social Protection, in accordance with the standards occupational, according to the law. (4) During the period in which training courses of professional training are to be completed, the staff of public institutions shall be entitled to basic salary and other additions thereto. If the courses are organized in a locality other than the domicile, the staff of the public institutions participating in them also benefit from the due rights, according to the legal provisions, to the employees of the public institutions in delegation. + Article 136 (1) For the training of adults, as well as for the support of the education system in the realization of specific objectives can be organized, with the approval of the Ministry of Education, Research and Youth, institutions and open education networks at a distance, which uses modern communication and information-taking technologies. (2) The expenditure required for this education system shall be borne by the beneficiaries and the institutions concerned. + Chapter V Libraries in education + Article 137 (1) In the education system operates, as an integral part, a network of specialized libraries: university central libraries and pedagogical libraries, as institutions with legal personality subordinated directly to the Ministry of Education, Research and Innovation; libraries of higher education institutions, faculties, colleges, departments, departments; libraries of teaching staff houses; school libraries. ((2) Libraries referred to in par. (1) operates on the basis of regulations approved by the Ministry of Education, Research and Innovation. (3) Libraries in education can organize, with the approval of the Ministry of Education, Research and Innovation and in collaboration with the Ministry of Culture, Religious Affairs and National Heritage, specific sections, as well as other forms they consider necessary for the individual study of adults. + Article 138 The training of specialist staff for libraries is provided by the Ministry of Education, Research and Innovation through short and long-term university studies, and its improvement is coordinated by the Ministry of Education, Research and Innovation. + Article 139 The coordination of the work of the education libraries network is provided by the Ministry of Education, Research and Innovation + Title IV Education leadership + Chapter I Ministry of Education, Research and Innovation and other bodies of national level + Article 140 (1) The Ministry of Education, Research and Innovation is organized and operates according to the law. The Ministry of Education, Research and Innovation, as a specialized body, has the responsibility to develop and apply educational policy, in accordance with art. 2. The Ministry of Education, Research and Innovation has the right of initiative and execution in the field of financial policy and human resources in the sphere of education and collaborates with other ministries involved in the development of education. (2) For the exercise of its tasks, the Ministry of Education, Research and Innovation shall constitute expert structures and shall be supported by advisory bodies, at national level, composed on criteria of professional and moral prestige: for the Reform of Education, the National Council for the Attestation of University Titles, Diplomas and Certificates, the National Council for the Financing of Higher Education, the National Council for the Financing of Pre-University Education, The National Council of Scientific Research in Higher Education, The National Council of Libraries, the National Council for Training and Continuous Education, the national specialized committees on disciplines and the managerial structures of the reform programs. The composition of the councils and their operating regulations are approved by order of the Minister of Education, Research and Youth. In the exercise of his duties, the Ministry of Education, Research and Innovation consult, as the case may be, the national scientific societies of teachers, representative trade union federations at branch level, associative structures of the authorities local public administration, as social partners, and student and student organizations, recognized nationally. ---------------- Alin. ((2) of art. 140 140 has been amended by section 12 12 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (3) For the confirmation of university titles, diplomas and certificates The Ministry of Education, Research and Innovation is the National Council for Attestation of University Titles, Diplomas and Certificates. The members of the council are university professors, personalities of scientific, cultural and moral prestige, recognized nationally or internationally. They are selected on the basis of university senate proposals. The Council operates according to its own regulation, approved by order of the Minister of Education, Research and Youth. (4) The National Council of Rectors shall be constituted and operated on the basis of its own status (5) Under the Ministry of Education, Research and Innovation works: a) Institute of Education Sciences, as an institute of research and development working in the field of innovation and reform of the national education system; b) The Federation of School and University Sports, as an autonomous unit with legal personality. The Federation of School and University Sports coordinates the sports activity of school and university sports associations. The Federation of School and University Sports is affiliated to the international federations of school and university sports. School and university sports clubs, established according to art. 40 40 para. (1), have legal personality and can join the specialized federations. The transfer of athletes from these clubs is based on the regulations of the specialized federations, according to the transfer regime applied to the other sports clubs. + Article 141 The Ministry of Education, Research and Innovation elaborates, coordinates and applies national education policy. For this purpose, the following tasks shall a) coordinate and control the national education system; b) organizes the state education network and proposes to the Government the tuition figures, based on the forecasting studies, in consultation with the educational units, local authorities and interested economic agents; c) approve the National Curriculum and the national assessment system, ensure and supervise their compliance; d) coordinate the scientific research activity in education; e) provide the framework for the production of school textbooks; ensure the financing of schools for the purchase of textbooks, f) elaborates the general admission criteria in higher education; g) approves the establishment of high schools and post-secondary schools; h) approves, according to the law, the regulations for the organization and functioning of subordinate units, except for higher education institutions; i) develop diagnosis and forecasting studies in the field of education restructuring and modernisation and contribute to the improvement of the legislative framework; j) provide the framework for the design, approval and production of educational means; k) provide the organizational framework for the selection and adequate training of students with special skills; l) ensure specialized schooling and adequate psycho-pedagogical assistance of children and young people with physical, sensory, mental or associated impairments; m) analyses the way in which social protection is ensured in education and proposes measures corresponding to the Government and local public authorities empowered; n) coordinate the activity of the subordinate university libraries; o) respond to the training and improvement of teaching staff; p) coordinates, according to the law, the appointment, transfer, issuance and record of teaching, management, guidance and control personnel and auxiliary staff from subordinate units; q) ensure the distribution of the National Fund of vocational training, in consultation with stakeholders; r) is responsible for evaluating the national education system based on national standards; s) develop and apply the reform strategies, in the medium and long term, of education and education; t) elaborates together with other ministries the strategy of collaboration with other states and with specialized international bodies in the field of scientific education and research; u) collaborate, on the basis of protocols, with the states in which the population of nationality or of Romanian origin lives, for the promotion and conduct of education in the mother tongue; v) develop specific rules for school buildings and to equip them; w) determine the ways of recognition and equivalence of diplomas, certificates and scientific titles, issued abroad, on the basis of internal rules, taking into account international agreements and conventions; x) establishes for state pre-university education the structure of the school year, exam sessions, periods of competitions, as well as school holidays; y) controls the compliance with the financial-accounting norms, the budget execution and the management of the national system of state education; taxes, in lei and in foreign currency, to cover the expenses incurred by targeting and recognition of study papers, according to the law. + Chapter II School inspectorates + Article 142 School inspectorates are specialized decentralized organs, subordinated to the Ministry of Education, Research and Innovation, mainly having the following tasks: -------------- The introductory part of art. 142 142 has been amended by section 4.2 40 40 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. a) follow the organization and functioning of the pre-university education network, in accordance with the national education policy; b) ensure the application of legislation in the organization, management and conduct of the educational process c) ensure the quality of education and compliance with national standards through school inspection; d) establish, with the opinion of the Ministry of Education, Research and Innovation, school units of state education: kindergartens, primary schools, gymnasiums, arts and crafts schools; -------------- Lit. d) of art. 142 142 has been amended by section 4.2 40 40 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. e) propose to the Ministry of Education, Research and Innovation the tuition network in their territorial area, in accordance with the educational policy, of the forecasting studies, after consulting the educational units, local authorities, agents economic and social partners concerned; f) ensure, together with the local public administration authorities, the schooling of students during compulsory education; g) coordinate the classification of educational establishments with necessary teaching staff, in accordance with the provisions of the Staff Regulations; h) organizes and directs the activity of perfecting teaching staff, scientific research and other complementary actions in pre-university education; i) coordinate the use, development and protection of the didactic-material base in educational establishments, together with the local public authorities; j) coordinate the organization of admission and graduation exams from educational establishments, as well as school competitions; k) control the activities and services of pre-university education organized by economic agents, foundations, associations, cults and other legal or physical persons within their territorial area; take the measures provided by law; l) coordinate the activity of libraries in subordinate educational establishments; m) coordinates and controls the activity of the teaching staff. + Article 143 (1) The structure of the county school inspectorates and the city of Bucharest is established by order of the Minister of Education, Research and Youth. (2) In the structure of school inspectorates in the counties with education and in the languages of national minorities are included and school inspectors for this education. (3) The extracurricular units and units related to pre-university education are subordinated to the school inspectorate. (4) The school inspectorate has a board of directors and an advisory board. The board of directors consists of 9-11 members, of which: the general school inspector, the deputy school inspectors general, the director of the body house teaching, technical-administrative director, chief accountant, legal adviser to the school inspectorate and other members. The general school inspector is the rightful chair of the board. The advisory board consists of directors of educational establishments, other prestigious teachers, including higher education, representatives of parents, local administrative authorities, religious communities, and other teachers. economic agents, as well as other social partners. The chairman of the advisory board shall be elected, by secret ballot, among its members (5) School inspectorates periodically organize county conferences of teaching staff in pre-university education, on specialties, with advisory, participatory and methodical role. + Article 144 (1) The general school inspector, the deputy school inspectors general and the director of the teaching staff house are appointed by order of the Minister of Education, Research and Youth, based on the criteria of professional and managerial competence, according to Law. (2) School inspectors are appointed by the general school inspector, by competition, based on the criteria of professional and managerial competence, as a rule for a period of 4 years, according to the law. + Chapter III Management of institutions and educational establishments ----------- Title Cap. III of Title IV has been amended by section III. 1 1 of art. I of LAW no. 296 296 of 14 November 2008 , published in MONITORUL OFFICIAL no. 789 789 of 25 November 2008. + Article 145 (1) The pre-university education unit is headed by the board of directors. (2) The director of the educational establishment is the chairman of the board (3) The director shall exercise the executive management of the educational establishment, in accordance with the responsibilities and powers conferred by the law, with the decisions and decisions of the local councils and with the decisions of the board of directors of the unit In the management activity the director is helped, as the case may be, by the deputy director and relies on the teaching board and on the school board. (4) The teaching council of the educational establishment, with a decision-making role in the educational-educational field, consists of the teaching staff of the respective unit and is chaired by the director. (5) The councils referred to in par. (1) and (4) operate on the basis of regulations developed by the Ministry of Education, Research and Innovation, with consultation of representative trade union federations in education and associative structures of local public administration authorities. (6) The board of directors of the educational establishment, with decision-making role in the administrative field, consists of the director, deputy director, representative of the local council, representative of the mayor, representatives of the parents, 1-5 representatives of teachers, representative of economic agents and a representative of students, for the upper secondary school. (7) The occupation of the director and deputy director shall be made following the winning of the competition, carried out on the basis of the criteria of professional and managerial competence, with the advisory opinions of the board of directors and of the local council. The methodology of the competition is established by the Ministry of Education, Research and Innovation and approved by order of the Minister. (8) The directors of the pre-school educational establishments, of the secondary education units and of the educational units with grades I-X are appointed, following the winning of the competition, by the general school inspector, for a period of 4 years. (9) The directors of the units in the high school, post-secondary and arts and crafts schools are appointed, following the winner of the contest, by order of the Minister of Education, Research and Youth, at the proposal of the General School Inspector, for a period of 4 years. (10) The directors of the units intended for extracurricular activities are appointed by the Minister of Education, Research and Youth, to the units directly subordinated to the Ministry of Education, Research and Innovation, and by the general school inspector, to units under the school inspectorate. ------------- Article 145 has been amended by section 6.6. 13 13 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. + Article 145 ^ 1 (1) The particular units of education are free, open, autonomous units both from an organizational and economic-financial point of view, having as their foundation the private property, guaranteed by the Constitution. (2) The structures and management functions of the private educational units, the attributions, the constitution, the duration of the mandates and the age limits of the teachers are established by the regulations governing their organization and functioning, in accordance with the legal provisions. ----------- Art. 145 ^ 1 was introduced by item 2 2 of art. I of LAW no. 296 296 of 14 November 2008 , published in MONITORUL OFFICIAL no. 789 789 of 25 November 2008. + Article 145 ^ 2 (1) The private pre-university education unit is headed by the board of directors, chaired by the president or the director of the educational establishment. The chairman of the board of directors is rightfully the designated representative of the financing legal person. (2) The director of the private education unit exercises the executive management, in strict accordance with the responsibilities and powers conferred by the law, with the decisions of the board of directors of the unit and in compliance with the regulation of its organization and functioning. (3) The teaching staff of the private education unit consists of teaching staff from the respective unit, representatives of students and parents, having the role and duties specified in the organizing regulation and operation of the unit (4) The directors of the units of private education shall be appointed by the management of the financing legal person, on the proposal of the board of directors of the The act of appointment shall be brought to the attention of the school inspectorate within which the school unit operates. (5) The directors of private units intended for extracurricular activities shall be appointed by the financing legal person. ----------- Art. 145 ^ 2 was introduced by item 2 2 of art. I of LAW no. 296 296 of 14 November 2008 , published in MONITORUL OFFICIAL no. 789 789 of 25 November 2008. + Article 146 (1) Higher education institutions are led by senate, and faculties and departments, by councils. The senates are chaired by rectors, faculty councils, by deans, and departments of departments, by directors. The decisions of the senate, the councils of faculties and departments shall be taken by a majority of the votes of the members present, if their number represents at least two thirds of the total (2) Higher education institutions may establish the position of president of the university, with attributions established by the University Charter. -------------- Alin. ((2) of art. 146 146 has been amended by section 3 3 of the single article of EMERGENCY ORDINANCE no. 89 89 of 24 June 2008 , published in MONITORUL OFFICIAL no. 480 480 of 30 June 2008. -------------- Article 146 has been amended by section 6.6. 5 5 of the single article of LAW no. 2 2 of 9 January 2008 , published in MONITORUL OFFICIAL no. 21 21 of 11 January 2008. + Article 147 (1) The operative management of the higher education institution shall be provided by the senate office, composed according to the Staff Regulations of the Teaching Staff and the University Charter. (2) The chairman of the senate office is the rector + Chapter IV Assessment in education + Article 148 ------------ Alin. ((1) of art. 148 148 has been repealed by art. 39 of EMERGENCY ORDINANCE no. 75 75 of 12 July 2005 , published in MONITORUL OFFICIAL no. 642 642 of 20 July 2005. (2) The evaluation of university and postgraduate education shall be ensured by specific forms, in accordance with the legal provisions and the norms of university autonomy. (3) In the national education and education system the grading is usually made from 10 to 1. (4) It is recommended to apply transferable credits and to recognize them both within the same institution or educational establishment, as well as between institutions or educational establishments in the country and abroad. + Article 149 The Ministry of Education, Research and Innovation ensures the regular evaluation of the level of professional and methodical training of teaching staff in education. + Article 150 (1) The general school inspector elaborates, at the end of each school year, a report on the state of education in the county, respectively in Bucharest. This report is presented to the Ministry of Education, Research and Innovation, prefecture, county council, local councils and all educational units in the county, respectively in Bucharest. (2) The rector of the higher education institution elaborates, at the end of each academic year, a report on the state of the educational institution, which he sends to the Ministry of Education, Research and Innovation, the prefecture and the county council, respectively of Bucharest. (3) The Minister of Education, Research and Youth submits to Parliament the annual report on the state of the national education system, until October 15. Simultaneously the directions and priorities of development of pre-university and higher education are presented. The annual report is released. + Title V Human Resources + Chapter I Staff in education. Students and students + Article 151 (1) The staff in education consists of teaching staff, research staff, auxiliary teaching staff and administrative staff. (2) The teaching staff consists of: a) educators/educators-in pre-school education; ------------ Letter a) a par. ((2) of art. 151 151 has been amended by section 4.2 1 1 of art. I of LAW no. 387 387 of 17 December 2009 , published in MONITORUL OFFICIAL no. 898 898 of 22 December 2009, amending section 2 2 of art. I of EMERGENCY ORDINANCE no. 40 40 of 22 April 2009 , published in MONITORUL OFFICIAL no. 286 286 of 30 April 2009. b) teacher/teacher-in primary education; ------------ Point b) of par. ((2) of art. 151 151 has been amended by section 4.2 1 1 of art. I of LAW no. 387 387 of 17 December 2009 , published in MONITORUL OFFICIAL no. 898 898 of 22 December 2009, amending section 2 2 of art. I of EMERGENCY ORDINANCE no. 40 40 of 22 April 2009 , published in MONITORUL OFFICIAL no. 286 286 of 30 April 2009. c) institutes-in pre-school and primary education; d) Maistri-instructors-in secondary and post-secondary education; -------------- Lit. d) a par. ((2) of art. 151 151 has been amended by section 4.2 42 42 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. d ^ 1) teachers for pre-school education-in pre-school education; ------------ Lit. d ^ 1) a par. ((2) of art. 151 151 was introduced by section 4.2. 2 2 of art. I of LAW no. 387 387 of 17 December 2009 , published in MONITORUL OFFICIAL no. 898 of 22 December 2009, which supplements art. I of EMERGENCY ORDINANCE no. 40 40 of 22 April 2009 , published in MONITORUL OFFICIAL no. 286 286 of 30 April 2009, with point 3. d ^ 2) teachers for primary education-in primary education. ------------ Lit. d ^ 2) a par. ((2) of art. 151 151 was introduced by section 4.2. 2 2 of art. I of LAW no. 387 387 of 17 December 2009 , published in MONITORUL OFFICIAL no. 898 of 22 December 2009, which supplements art. I of EMERGENCY ORDINANCE no. 40 40 of 22 April 2009 , published in MONITORUL OFFICIAL no. 286 286 of 30 April 2009, with point 3. e) teacher-in pre-school, primary, secondary and post-secondary education. ------------ Lit. e) a par. ((2) of art. 151 151 has been amended by section 4.2 2 2 of art. I of LAW no. 387 387 of 17 December 2009 , published in MONITORUL OFFICIAL no. 898 of 22 December 2009, which supplements art. I of EMERGENCY ORDINANCE no. 40 40 of 22 April 2009 , published in MONITORUL OFFICIAL no. 286 286 of 30 April 2009, with point 4. f) university preparers, university assistants, university lecturers (heads of works), university lecturers, university professors and university professors consultants-in higher education; g) trainers. (3) In education, associate teaching staff can operate. (4) Research personnel are integrated into the departments, departments, units or research and microproduction centers. (5) In the education of all grades operates auxiliary teaching staff, defined according to the Statute of the teaching staff. + Article 152 Teaching positions by types and forms of education, as well as the conditions for their occupation shall be established by the Staff Regulations. + Article 153 (1) The teaching norm for pre-university education is regulated by the Staff Regulations. (2) The teaching norm for profiles with specific training formations, as well as for educational establishments in isolated localities or for classes with a low number of students is regulated by the Ministry of Education, Research and Innovation. (3) The teaching norm for university and postgraduate education is regulated by the Statute of the teaching staff. + Article 154 (1) In state and private education the teaching positions shall be filled by competition. The conditions for the occupation of management positions shall be established by the Staff Regulations (2) Competitions for filling teaching positions are of an open nature. Any person who meets the conditions of the Staff Regulations may be present at the competition. (3) The validation of competitions for the filling of teaching positions in state pre-university education is done by the school inspectorates, at the proposal of the competition commissions. (4) The competitions for the filling of teaching positions in university and postgraduate education shall be approved by the faculty councils, at the proposal of the competition commissions, and shall be validated by the university senates. The teaching titles of university lecturer and university professor are confirmed by the National Council for Attestation of University Titles, Diplomas and Certificates, through the specialized committees. Based on the confirmation the Minister of Education, Research and Youth issues an order granting university lecturer and university professor titles. ((5) The candidate for the contest for the occupation of a teaching position with teaching in a language other than the one in which he did his higher education supports before a specialized commission a test of knowledge of the language in which he is to do the teaching. + Article 155 The Ministry of Education, Research and Innovation has the obligation to ensure the training and improvement of teaching staff in the national education system and establishes, through specialized bodies, national standards for quality attestation by the teacher. + Article 156 (1) The rights and duties of the teaching staff are provided in the Staff Regulations and in the University Charter. (2) The right to appeal of natural or legal persons in education shall be exercised by addressing to the hierarchical body superior to the one whose decision is challenged. + Article 157 (1) In institutions and educational establishments, corporal penalties are prohibited. (2) The teaching staff who practice such methods shall be administratively sanctioned or, depending on the gravity of the deviation, shall be subject to the rigors of the law. (3) The rights and duties of students are established by regulation developed by the Ministry of Education, Research and Innovation, and for students they are included in the University Charter and the regulations of higher education institutions. + Article 158 (1) In pre-university education the study formations include groups, classes or years of study, as follows: a) the group includes on average 15 preschoolers or students, but not less than 10 and not more than 20; by exception, the school inspectorate can approve groups comprising at least 7 preschoolers or students; b) the primary school class has an average of 20 students, but not less than 10 and not more than 25; c) the class in secondary education has on average 25 students, but not less than 10 and not more than 30; d) the class in the school of arts and crafts, the year of completion and high school education, as well as the year of study in post-secondary education has on average 25 students, but not less than 15 and no more than 30. --------------- Lit. d) a par. ((1) of art. 158 158 has been amended by section 4.2 43 43 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. (2) In exceptional cases, well motivated, the formations of students or preschoolers in the large group can operate under the minimum number or over the maximum number, with the approval of the county school inspectorates, respectively of the city of Bucharest. -------------- Alin. ((2) art. 158 158 was amended by the single article of LAW no. 253 253 of 19 July 2007 , published in MONITORUL OFFICIAL no. 498 498 of 25 July 2007. + Chapter II Continuous training of teaching staff + Article 159 (1) The continuous training of teaching staff is a right that is achieved, mainly, by improvement and professional conversion. (2) Within the national education system the improvement of teaching staff in pre-university education is mainly carried out through the forms provided by the Statute of the teaching staff. (3) The professional conversion into the education system aims to extend the initial training in order to obtain the right to teach other disciplines or to occupy other teaching positions. + Article 160 (1) The Ministry of Education, Research and Innovation sets the objectives and coordinates the continuous training of teaching staff in pre-university education, evaluates, accredits and finances the continuing training programs, including conversion professional, made in: a) higher education institutions, through faculties, departments and chairs, for the improvement of specialized training; b) higher education institutions, through the departments or departments of training of teaching staff, for the improvement of methodical and psycho-pedagogical training; c) university pedagogical colleges and high schools with pedagogical profile, for specialized, methodical and psycho-pedagogical improvement of teaching staff in pre-school and primary education; d) houses of the teaching staff, according to art. 162 162; e) refresher centers, organized in educational establishments, to improve the specialized training of teaching staff with secondary education; f) other structures empowered for this purpose by the Ministry of Education, Research and Innovation. (2) For the organization of activities provided in par. (1) the said institutions may collaborate with similar institutions, as well as with economic agents, according to the legal regulations. + Article 161 (1) The programs of continuous training of teaching staff shall be concluded by colloquium or by other specific forms of evaluation, according to the law. (2) Accredited higher education institutions can organize and carry out professional conversion programs, at university and postgraduate level, lasting at least one and a half years. The programs are approved by the Ministry of Education, Research and Innovation and are completed with graduation exam. The promotion of the graduation exam gives the right to obtain a degree and the right to practice in the new specialization. These activities can be organized in the forms of education provided by law. + Article 162 (1) The houses of the teaching staff are centers of documentation and organization of continuous training activities and activities of a scientific, methodical and cultural character. (2) In order to carry out the activities provided in (1) The teaching staff house provides qualified trainers, accredited by the Ministry of Education, Research and Innovation, and finances these programs. The trainers collaborate with the departments and how many training staff of the teaching staff in the higher education institutions to the training activities continue. + Article 163 For the preparation and improvement of the teaching staff, guidance and control the Ministry of Education, Research and Innovation establishes and coordinates centers and other institutionalized forms, with attributions for this purpose. + Article 164 The improvement of teaching staff in state higher education is funded by the Ministry of Education, Research and Innovation through the budgets of educational institutions and is carried out by: a) programs of documentation and exchanges of experience, at national and international level; b) programs of interuniversity specialization and cooperation, in the country and abroad; c) post-graduate education, organized according to the provisions of the d) scientific research programs, carried out in the country or through international cooperation; e) educational innovation, scientific, technical and artistic creation. + Article 165 The improvement of auxiliary teaching staff in the entire national education system is carried out according to the provisions of 160. + Title VI Material basis and financing of state education + Article 166 (1) The material basis of state education consists of the entire patrimonial asset of the Ministry of Education, Research and Innovation, of educational and scientific research institutions and units in the existing education system the entry into force of the present law, as well as in the patrimonial asset reacquired or acquired later. (2) Within the meaning of the provisions of paragraph (1), the material basis of education includes: spaces for the educational and scientific research process, related educational and research means, libraries, publishing houses and printers, teaching and research resorts, microproduction, school workshops, teaching farms, botanical gardens, farmland, dormitories, boarding schools, canteens, student clubs, student culture houses, teaching staff houses, university houses, school camps, bases and complexes cultural-sports, palaces and houses of children and students, rest and treatment bases, spaces for housing, as well as any other heritage object for education and education employees. (3) The material basis related to the training and education process, provided in par. (2) and made from state funds or from the fund of state institutions and enterprises in the period before December 22, 1989 shall be reintegrated without payment in the patrimony of the Ministry of Education, Research and Innovation, of the institutions and university scientific research and research units and, as the case may be, in the public domain of communes, cities, municipalities, respectively of the sectors of Bucharest, of the county councils and of the General Council of the Municipality Bucharest, except for the goods that have been owned by the agents private economic. Surrender-taking is done on a protocol basis. Under the same conditions it reintegrates without payment and the buildings that, according to art. 20 20 para. 2 2 of Law no. 15/1990 on the reorganization of state economic units as autonomous kings and commercial companies, as amended, have passed into the patrimony of some companies, regardless of the status of their social capital. The reintegration is done on the basis of pre-takeover protocol. Fair indemnity is granted, for each case, by Government decision, at the proposal of the Ministry of Education, Research and Innovation and the Ministry of Public Finance, within 60 days from the date of signing the takeover-takeover protocol. The amount of compensation shall be determined within 30 days from the date of signature of the takeover-takeover protocol, by an evaluation committee made up of representatives of the Ministry of Education, Research and Innovation, the Ministry of Administration and Internals, Ministry of Transport and Infrastructure *) and of the Ministry of Public Finance, constituted by joint order. -------------- Alin. ((3) of art. 166 166 has been amended by section 14 14 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. --------------- NOTA C.T.C.E. S.A. Piatra-Neamt: * *) art. 15 of EMERGENCY ORDINANCE no. 24 24 of 11 April 2007 , published in MONITORUL OFFICIAL no. 247 of April 12, 2007, in the normative acts in force the following names are replaced, accordingly to the provisions of this emergency ordinance, as follows: d) "Ministry of Transport, Construction and Tourism" with: -"Ministry of Transport", in case of provisions governing transport activity; -"Ministry for Small and Medium Enterprises, Trade, Tourism and Liberal Professions", in the case of the provisions governing the activity in the field of tourism; -"Ministry of Development, Public Works and Housing", in case of provisions governing the activity in the field of public works, spatial planning, construction and housing; (3 ^ 1) Justa indemnity provided in par. (3) shall be granted, for each case, by decision of the Government, at the proposal of the Ministry of Education, Research and Innovation and the Ministry of Public Finance, within 60 days from the date of signature of the takeover-takeover protocol. ------------- Alin. (3 ^ 1) of art. 166 166 was introduced by art. I of EMERGENCY ORDINANCE no. 110 110 of 24 October 2003 , published in MONITORUL OFFICIAL no. 748 748 of 26 October 2003. (3 ^ 2) The amount of compensation shall be determined within 30 days from the date of signature of the takeover-takeover protocol, by an evaluation committee made up of representatives of the Ministry of Education, Research and Innovation, Ministry of Education, Administration and Interior, Ministry of Transport and Infrastructure and Ministry of Public Finance, constituted by joint order *). ------------- Alin. (3 ^ 2) of art. 166 166 was introduced by art. I of EMERGENCY ORDINANCE no. 110 110 of 24 October 2003 , published in MONITORUL OFFICIAL no. 748 748 of 26 October 2003. (4) The material basis of the higher education institutions of state and university scientific research is rightfully their property. The Ministry of Education, Research and Innovation is empowered to issue certificates of attestation of the right of ownership for higher education and scientific research institutions, based on the documentation submitted by them. -------------- Alin. ((4) of art. 166 166 has been amended by section 14 14 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (4 ^ 1) The lands and buildings in which the state pre-university education units operate-kindergartens, general schools, primary and secondary schools, high schools, theological seminars, school groups, arts and crafts schools and post-secondary schools -are part of the public domain of communes, cities and municipalities, respectively of the sectors of Bucharest, and are in the administration of local councils of communes, cities and municipalities, respectively of the sectors of Bucharest, in whose territorial area they operate, by delegation to the boards of directors of educational establishments. The other components of the material base are rightfully the property of state pre-university education units and are managed by them. They are not part of the public domain of communes, cities and municipalities, respectively of the sectors of Bucharest, land and buildings owned by educational establishments on the basis of rental, concession or concussion contracts, their owners being other natural or legal persons. -------------- Alin. (4 ^ 1) of art. 166 166 has been amended by section 14 14 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (4 ^ 2) The lands and buildings in which the state special educational units operate are part of the county public domain, respectively of the city of Bucharest, and are in the administration of the county council, respectively of the councils local sectors of the Bucharest municipality, in whose territorial area they operate, by delegation to the boards of the respective educational units. The other components of the material base of the public special education units are rightfully the property of the respective educational establishments and are administered by them. -------------- Alin. (4 ^ 2) of art. 166 166 has been amended by section 14 14 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. ((4 ^ 3) The change of the destination of the material base of institutions and units of pre-university education can be achieved only with the assent of the Minister of Education, Research and Youth. Alienation or change of destination of goods from the material basis of education without the opinion of the Minister of Education, Research and Youth constitutes a crime and is punishable under criminal law. Acts of alienation or change of destination of goods from the material basis of education without the assent of the Minister of Education, Research and Youth are void. Administration of the educational process from the pre-university and state special education units provided in par. (4 ^ 1) and (4 ^ 2) are made by the county school inspectorates, respectively by the School Inspectorate of Bucharest Municipality. -------------- Alin. (4 ^ 3) of art. 166 166 has been amended by section 14 14 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (4 ^ 4) The lands and buildings in which the school inspectorates operate, the houses of the teaching staff, the palaces and clubs of children and students, the school sports clubs, the centers and offices of psycho-pedagogical assistance, the centers logopedics, school offices, as well as other units under the Ministry of Education, Research and Innovation, whose current and capital expenditures are financed from the state budget, are part of the public domain of the state and are managed by the Ministry of Education, Research and Innovation, through school inspectorates county and by delegation to the boards of these units. The other components of the material base are the property of the respective units and institutions and are managed by them. -------------- Alin. (4 ^ 4) of art. 166 166 has been amended by section 14 14 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. -------------- Alin. ((4 ^ 5) art. 166 166 was removed by the single article of LAW no. 185 185 of 26 May 2009 , published in MONITORUL OFFICIAL no. 362 362 of 29 May 2009, which rejects EMERGENCY ORDINANCE no. 156 156 of 12 November 2008 , published in MONITORUL OFFICIAL no. 778 778 of 20 November 2008. (4 ^ 6) Land and buildings improperly taken over by the state after September 4, 1940 from natural or legal persons are part of the private domain of the state under the law and may be subject to normative acts of restitution. ------------- NOTE C.T.C.E.: Alin. ((4 ^ 6) of art. 166 166 remains in force by removing the section 3 3 of art. 1 of LAW no. 713 713 of 3 December 2001 , published in MONITORUL OFFICIAL no. 803 803 of 14 December 2001 by RECTIFICATION no. 713 713 of 3 December 2001 , published in MONITORUL OFFICIAL no. 5 5 of 8 January 2002. (5) Constructions and land related to the instructive-educational process can only be transferred with the approval of the Government, at the proposal of the Minister of Education, Research and Youth, without payment and only in the public interest. ------------- Alin. ((5) of art. 166 166 has been amended by section 14 14 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. ((6) The rental of goods, including temporarily available land, in the patrimony of state higher education institutions or in their administration, can be made on a contract basis, concluded in accordance with the legal provisions, with annual review. The goods, including land under the administration of state pre-university education units, temporarily available, can be rented on a contract basis, concluded in accordance with the legal provisions, with its annual review, only in compliance with the methodology established by the Ministry of Education, Research and Innovation. The rental of goods, including land, under the conditions provided for in the preceding paragraphs shall be made with priority for educational activities. ------------- Alin. ((6) of art. 166 166 has been amended by section 14 14 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (7) The holders of goods referred to in par. (3) and (4) to be reintegrated into the patrimony of education are obliged to provide the powers of the Ministry of Education, Research and Innovation, local councils or county councils, as the case may be, all documents that attest to the property as well as the documents required for registration in the accounting records. ------------- Alin. ((7) of art. 166 166 has been amended by section 14 14 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (8) The Ministry of Education, Research and Innovation and, as the case may be, the county councils, the General Council of the Municipality of Bucharest or the local councils act in the judiciary, by their respective powers, legal or natural persons signing protocols and handing over ownership documents. These shares are exempt from stamp duty. ------------- Alin. ((8) of art. 166 166 has been amended by section 14 14 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. ((9) Registration of ownership of immovable property belonging to the Ministry of Education, Research and Innovation or institutions and educational and scientific research units in the state education system, as well as on goods belonging to the local, county and, respectively, the General Council of the Municipality of Bucharest, in which the state pre-university education units operate, shall be made, as the case may be, in the register of inscriptions and transcriptions, in land books or in land advertising books, with exemption from payment of taxes provided by law. ------------- Alin. ((9) of art. 166 166 has been amended by section 14 14 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. ------------- Alin. ((10) of art. 166 166 has been repealed by section 6.6. 15 15 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. ------------- * *) Art. II of EMERGENCY ORDINANCE no. 110 110 of 24 October 2003 , published in MONITORUL OFFICIAL no. 748 748 of 26 October 2003 provides: "" ART. II (1) For buildings taken on the basis of pre-takeover protocol, in accordance with the provisions art. 166 of the Education Law no. 84/1995 , until the date of entry into force of this emergency ordinance, and for which the Government has been obliged by judicial decisions to issue decisions granting justice compensation, it is granted, for each case, by Government decision, on the proposal of the Ministry of Education, Research and Youth and the Ministry of Public Finance, within 30 days from the date of entry into force of this emergency ordinance, from the Budget Reserve Fund at the disposal of the Government. (2) The amount of compensation shall be established within 15 days from the date of entry into force of this emergency ordinance by the evaluation committee referred to in par. ((3 ^ 2) art. 166 of the Education Law no. 84/1995 , republished, with subsequent amendments and completions. " + Article 167 (1) The state pre-university education units function as units financed by funds allocated through the local budgets of the administrative-territorial units on whose radius they operate, from the state budget and from other sources, according to law (2) The financing of the state pre-university education units includes: basic funding and complementary funding. (3) Basic funding ensures the normal conduct of the educational process at pre-university level, according to national standards. The basic funding is ensured through the local budgets of the administrative-territorial units of which the educational units belong, from the amounts broken down from some income of the state budget and from other incomes of the local budgets. (4) The complementary financing shall provide for capital expenditure, social expenditure and other expenditure associated with the educational process. Complementary funding is provided from local budgets and other sources, according to the law. (. The basic financing shall include the following categories of expenditure: a) personnel expenses; b) material expenses and services; c) expenses with professional improvement, except for the expenses that are borne from the state budget. d) expenses for student transport; ----------- Lit. d) a par. ((5) of art. 167 167 was introduced by section 4.2. 1 1 of art. I of LAW no. 291 291 of 7 July 2006 , published in MONITORUL OFFICIAL no. 598 598 of 11 July 2006. e) expenses for the commute, namely the 6 railway trips provided by law, for auxiliary teaching and teaching staff. ----------- Lit. e) a par. ((5) of art. 167 167 was introduced by section 4.2. 1 1 of art. I of LAW no. 291 291 of 7 July 2006 , published in MONITORUL OFFICIAL no. 598 598 of 11 July 2006. (6) The complementary financing shall include the following categories of expenditure: a) consolidations, investments and capital repairs; b) subsidies for boarding schools and school canteens; c) expenses for the organization of national assessments, simulations and exams of students, except for the expenses that are borne from the state budget; d) expenses with students ' scholarships; ----------- Lit. e) a par. ((6) of art. 167 167 has been repealed by section 6.6. 2 2 of art. I of LAW no. 291 291 of 7 July 2006 , published in MONITORUL OFFICIAL no. 598 598 of 11 July 2006. ----------- Lit. f) a par. ((6) of art. 167 167 has been repealed by section 6.6. 2 2 of art. I of LAW no. 291 291 of 7 July 2006 , published in MONITORUL OFFICIAL no. 598 598 of 11 July 2006. g) expenses for periodic compulsory medical examination of employees in state pre-university education, except those who, according to the law, are carried out free of charge; h) expenses for school competitions and educational, cultural-artistic, sports, tourist activities. (7) The basis for calculating the funds allocated to the educational units through and from the local budgets, for the basic funding, is the standard cost per student/pre-school. The standard cost per student/preschool is determined, for each level of education, branch, profile, specialization/field, depending on the number of legally constituted posts/chairs, teaching language, other indicators specific to the activity of education, the quality of the education and training process, the institutional management, the specificity of the training and the urban/rural environment. (8) The determination of the standard cost per student/preschool shall be made by the National Council for the Financing of Pre-University Education, based on the indicators mentioned in par. (7), according to the methodological norms developed by the Ministry of Education, Research and Innovation and approved by Government decision. The standard cost per student/preschool is approved by the Ministry of Education, Research and Innovation, in consultation with the social partners and associative structures of local public administration authorities. (9) The allocation of funds for the basic funding of the educational establishment is based on a financing formula, which takes into account the standard cost per student/pre-school, the number of students/preschoolers in the educational establishment, as well as the correction dependent on the density of students in the area, the severity of disadvantages and other factors. (10) The financial allowance established as part of the basic funding for a student/pre-school shall be allocated to the educational establishment in which the student is enrolled. (11) The complementary financing is made from the local budget, in relation to the needs of the state pre-university education unit, on its proposal, and it is provided, as a priority, as the case may be, in the own budget of the commune, the sectors of Bucharest, Bucharest and the county. Its level is established on the basis of funding programs substantiated by educational establishments, depending on the extent of the needs and funding possibilities of the principal authorising officer. (12) State pre-university education units can obtain their own income. They do not diminish basic funding and complementary funding. State pre-university education units can organize activities fully funded from their own income, approved by decision of the board of directors. (13) Basic funding and complementary funding of educational establishments shall be made on a contractual basis, drawn up according to the methodological norms for the financing of pre-university education, concluded between the director of the educational establishment pre-university and the mayor of the locality in whose territorial area the educational establishment is located. The contract shall be concluded within 30 days from the date of approval of the local budget. The amounts of basic funding and complementary funding shall be entered in the revenue and expenditure budget. (14) The revenue and expenditure budget shall be drawn up annually, by each state pre-university education unit, according to the methodological norms for financing pre-university education, approved and executed according to the legal provisions in vigor. (15) The director of the state pre-university education unit is a tertiary authorising officer. ((16) The annual accounts resulting from the implementation of the revenue and expenditure budget of activities fully financed by own revenue shall be carried over to the following year and shall be used with the same destination or, with the approval of the Management Board, shall be used to finance other expenditure of educational establishments. (17) From the state budget, through the budget of the Ministry of Education, Research and Innovation, the following expenses related to pre-university education units, including for special education: a) the local component related to ongoing projects, co-financed by the Romanian Government and international financial bodies, as well as the repayments of external credits related to the respective projects; b) scholarships for students from the Republic of Moldova, as well as scholarships for foreign students and ethnic Romanians outside the country's borders; c) organization of national assessments, simulations and examinations; d) improvement of the professional training of teachers and auxiliary teachers, as well as the organization of national exams for filling teaching positions; e) school textbooks for compulsory education and for students with material difficulties in high school and arts and crafts education; f) financing, on the basis of Government decisions, annual or multiannual programs of investments, modernization and development of the material base of public institutions of state pre-university education, including consolidations and rehabilitation of schools and endowments; g) financing of national social protection programmes, established by specific regulations; h) funding for the organization, for students, of competitions on educational objects and on trades, technical-applicative, scientific, creative, competitions and cultural-artistic festivals, championships and school sports competitions, with participation national and international, as well as international Olympiads on educational objects. ((18) Financing of expenditure on school inspectorates, teaching staff houses, palaces and clubs of children and pupils, psycho-pedagogical assistance centres and offices, speech centres, school offices, sports and school clubs is provided from the state budget through the budget of the Ministry of Education, Research and Innovation. -------------- Alin. ((18 ^ 1) art. 167 was removed by LAW No. 185 185 of 26 May 2009 , published in MONITORUL OFFICIAL no. 362 362 of 29 May 2009, which rejects EMERGENCY ORDINANCE no. 156 156 of 12 November 2008 , published in MONITORUL OFFICIAL no. 778 778 of 20 November 2008. (19) The financing of the current and capital expenditures of the special education units is provided from the budget of the county council, respectively of the sectors of Bucharest, and from the state budget. (20) The County Council/General Council of Bucharest provides funds for the organization and conduct of Olympiads and county school competitions/of the city of Bucharest. (21) The county council, respectively the General Council of the Municipality of Bucharest, allocates by its own decisions funds from allowances broken down from the income tax at their disposal, in order to finance the state pre-university education units. ((22) The expenses related to the facilities granted to students and students regarding the railway and metro transport are financed by the budget of the Ministry of Transport and Infrastructure *). (23) The expenses occasioned by the activity of the National Council for the Financing of Pre-University Education are borne from the budget of the Ministry of Education, Research and Innovation and other sources, according to the --------------- Article 167 has been amended by section 6.6. 16 16 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. NOTA C.T.C.E. S.A. Piatra-Neamt: * *) art. 15 of EMERGENCY ORDINANCE no. 24 24 of 11 April 2007 , published in MONITORUL OFFICIAL no. 247 of April 12, 2007, in the normative acts in force the following names are replaced, accordingly to the provisions of this emergency ordinance, as follows: d) "Ministry of Transport, Construction and Tourism" with: -"Ministry of Transport", in case of provisions governing transport activity; -"Ministry for Small and Medium Enterprises, Trade, Tourism and Liberal Professions", in the case of the provisions governing the activity in the field of tourism; -"Ministry of Development, Public Works and Housing", in case of provisions governing the activity in the field of public works, spatial planning, construction and housing; --------------- Article 168 was repealed by point (a). 17 17 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. + Article 169 (1) Primary, secondary, high school, arts and crafts, rural and peri-urban educational establishments, as well as educational institutions for the initial and continuous training of personnel in the field of defence, public order and safety national, which do not have in the property agricultural land in extravilan, receive in administration, for the constitution of the experimental teaching lot or specific training grounds, or for the arrangement of polygons an area of 1 hectare for primary schools, 2 hectares for secondary schools, 3 hectares for pedagogical high schools, military, public order and security, at least 5 hectares for post-secondary and higher military education institutions/public order and security and at least 10 hectares for high school educational establishments and arts and crafts schools with profile agricultural, agromountain and forestry, in arable equivalent. --------------- Alin. ((1) of art. 169 169 has been amended by section 18 18 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (2) The experimental lots referred to in par. (1) shall be assigned, upon request, to the respective school units in the agricultural and forestry fields that belonged to the schools or, as the case may be, from the reserve fund of the localities, available to the local councils. (3) If there are no land resources on the territory of the locality according to the provisions of par. (2), due areas shall be assigned to use from land owned by local public authorities or in the administration of the National Agency for Development and Rural Planning. (4) Reconstitution of the right of property to the school units provided in par. (1), the possession as well as the release of title deeds shall be made by the local and county commissions of application of Law of Land Fund no. 18/1991 . + Article 170 (1) The financing of state education shall be provided from public funds, within the limit of at least 4% of the gross domestic product, ensuring annually a permanent increase in budgetary allocations, in accordance with the following requirements: a) considering the development of education as a national priority for the preparation of human resources at international standards; b) professionalisation of human resources in line with the diversification of labour market c) the development of higher education and university scientific research for integration at the top in world scientific life. --------------- Alin. ((1) of art. 170 170 has been amended by section 19 19 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (1 ^ 1) For the financing of state education from public funds, an increase of budgetary allocations is ensured annually up to a minimum of 6% of gross domestic product in 2007 *). --------------- Alin. ((1 ^ 1) of art. 170 170 has been introduced by section 20 20 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. *) NOTE C.T.C.E. S.A. Piatra-Neamt: According art. VI of EMERGENCY ORDINANCE no. 88 88 of 20 November 2006 , published in MONITORUL OFFICIAL no. 941 of 21 November 2006, the application of the provisions of paragraph 1 ^ 1 of Article 170 of the Education Law no. 84/1995 , republished, with subsequent amendments and completions, shall be suspended until 31 December 2007. (2) The state pre-university education financing system ensures the decentralization of funds at the level of educational establishments. The concrete ways of designing, apportioning and budget execution of funds for state pre-university education are established by methodological norms approved by Government decision, elaborated by the Ministry of Education, Research and Innovation, together with the Ministry of Public Finance and the Ministry of Administration and Interior, with the consultation of representative trade union federations in education and associative structures of public administration authorities. --------------- Alin. ((2) of art. 170 170 has been amended by section 21 21 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (3) Institutions and educational establishments may also benefit from other sources of income acquired under the law: own income, subsidies, donations, sponsorships and fees from legal and physical persons. The revenue obtained from the said sources shall be managed and used in full at the level of the respective institutions and units, including for the increase of the salary fund, without payments to the state budget, to the local budgets and without affecting budget allocations. --------------- Alin. ((4) of art. 170 170 has been repealed by section 6.6. 22 22 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. --------------- Alin. ((5) of art. 170 170 has been repealed by section 6.6. 22 22 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (6) Higher education is allocated a distinct fund for university scientific research from the global budget of scientific research. The allocation of funding funds to university scientific research is done according to competitive criteria, depending on national priorities and performance obtained or anticipated. The competition for university scientific research funding funds is open to all accredited higher education institutions, as well as research and development institutions and institutions, attested to carry out activities. research and development. The allocation of funds for the funding of university scientific research is done by the Ministry of Education, Research and Innovation, at the proposal of the National Council of Scientific Research in Higher Education. --------------- Alin. ((6) of art. 170 170 has been amended by section 23 23 of art. I of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004. (6 ^ 1) Accredited higher education institutions are allocated a distinct fund for institutional development from the budget allocated to the Ministry of Education, Research and Innovation. The allocation of the fund for institutional development is based on competitive criteria The methodology for the allocation and use of the fund for institutional development is approved by Government decision. The funding of accredited higher education institutions from the institutional development fund is made by the Ministry of Education, Research and Innovation *). -------------- Alin. (6 ^ 1) of art. 170 170 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 191 191 of 25 November 2008 , published in MONITORUL OFFICIAL no. 817 817 of 5 December 2008. *) NOTE C.T.C.E. S.A. Piatra-Neamt: According art. II of EMERGENCY ORDINANCE no. 191 191 of 25 November 2008 , published in MONITORUL OFFICIAL no. 817 of 5 December 2008, Government Decision provided for in art. 170 170 para. (6 ^ 1) of Law no. 84/1995 , republished, with subsequent amendments and completions, will be adopted within 3 months from the date of entry into force of this emergency ordinance. (7) Investment funds for new targets and equipment facilities shall be allocated separately, depending on the strategic priorities of the development of education. All accredited educational establishments and institutions, according to the law, can benefit from the allocation of these funds. (8) The annual budgetary execution of educational institutions and establishments shall be public. + Article 171 (1) State higher education institutions operate as institutions funded from funds allocated from the state budget and other sources, according to the law. (2) The incomes of these institutions shall be composed of amounts allocated from the budget of the Ministry of Education, Research and Innovation, on the basis of contract, for basic financing and complementary financing, realization of investment objectives, funds for scholarships and social protection of students, as well as from their own income, interest, donations, sponsorships and fees charged under the law from natural and legal persons, Romanian or foreign, and from other sources. These revenues are used by higher education institutions, under the conditions of university autonomy, in order to achieve their objectives within the state policy in the field of university scientific education and research. (3) The basic funding is provided from the state budget, depending on the number of students and doctoral students admitted to studies without charge, the number of students, the level and the specificity of theoretical and practical training and the other specific indicators educational activity, in particular those referring to the quality of the provision in education. (4) The basic funding is carried out by the Ministry of Education, Research and Innovation, in order to ensure the normal conduct of the educational process, at university and postgraduate level, according to national standards. (5) The complementary financing shall be ensured both from the amounts from the state budget and from external sources, respectively loans and external aid. (6) The complementary funding is carried out by the Ministry of Education, Research and Innovation by: a) grants for accommodation and meals; b) funds allocated on the basis of priorities and specific rules for endowments and other capital investment and repair expenses; c) funds allocated on a competitive basis for university scientific research. d) funds allocated on the basis of competition for institutional development. -------------- Letter d) a par. ((6) of art. 171 171 was introduced by section 4.2. 2 2 of art. I of EMERGENCY ORDINANCE no. 191 191 of 25 November 2008 , published in MONITORUL OFFICIAL no. 817 817 of 5 December 2008. ((7) The financing of state higher education institutions shall be made on the basis of contract concluded between the Ministry of Education, Research and Innovation and the respective higher education institution, as follows: a) institutional contract for basic financing, for the scholarship fund and social protection of students, for the institutional development fund, as well as for the financing of investment objectives; -------------- Letter a) a par. ((7) of art. 171 171 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 191 191 of 25 November 2008 , published in MONITORUL OFFICIAL no. 817 817 of 5 December 2008. b) complementary contract for the financing of university scientific research, capital repairs, facilities and other investment expenses, as well as subsidies for accommodation and meals. The amounts related to the university scientific research, contained in the complementary contract, are staggered, by exception to other regulations, in installments established by graphs, annexes to the respective research contracts. (8) The criteria establishing the financing of state higher education institutions from the state budget shall be approved by the Ministry of Education, Research and Innovation, taking into account the proposals of the National Financing Council Higher education and the National Council of University Scientific Research, respectively. Based on the approved criteria the National Higher Education Financing Council and the National Council of University Scientific Research propose to the Ministry of Education, Research and Innovation the allocation of appropriate funds for funding of state higher education institutions. The National Council for the Financing of Higher Education and the National Council of University Scientific Research, as expert advisory bodies, have their own staff and are funded from the budget of the Ministry of Education, Research and Innovation. (9) The funds for scholarships and social protection of students are allocated according to the number of students and doctoral students from the day education, without the study fee. (10) The revenue and expenditure budgets of the state higher education institutions shall be approved by the Ministry of Education, Research and Innovation, after the adoption of the state budget, by order of the Minister. ((11) The balances remaining at the end of the year from the implementation of the budget provided for in the institutional contract, as well as the balances of the university scientific research and the extra-budgetary income shall remain at the disposal of are included in the income and expenditure budget of the institution, without payments to the state budget and without affecting the allocations from the state budget for the next year. (12) The synthetic indicators in the budgetary execution of higher education institutions shall be published in the Official Gazette of Romania, Part IV. + Article 172 (1) Students and students from day courses in state education can benefit from performance scholarships, merit, study scholarships and social aid scholarships. (2) Students and students may benefit from scholarships on a contract basis concluded with economic agents or with other legal or physical persons, as well as loans for study granted by banks under the law. (3) The scholarships granted to students in pre-university education shall be borne from the state budget. (4) The general criteria for awarding scholarships shall be established by the Ministry of Education, Research and Innovation, in collaboration with the Ministry of Labour, Family and Social Protection. The specific criteria for the award of performance, merit, study and social assistance grants shall be established annually, on the boards of school inspectorates and in university senates, within the limits of the funds allocated and in report with the completeness of students and students carrying out school and university activities. The scholarships that students and students benefit from are indexable. The minimum amount of the students ' scholarship must cover the expenses of accommodation and meals. (5) Students, students and foreign students can benefit from scholarships, according to legal provisions. (6) The Ministry of Education, Research and Innovation grants annually a number of scholarships for the 4-year-old doctorate to the institutions that organize this form of education. Scholarships are obtained by competition, at the level of higher education institutions. Scholars, during the scholarship, have the rights and professional oblibations of a university preparer. That activity is seniority in work. (7) The Ministry of Education, Research and Innovation grants annually scholarships for university and postgraduate students abroad from funds constituted for this purpose. These scholarships are obtained by competition organized at national level. (8) At the competitions for obtaining the scholarships provided in par. (6) and (7) students and graduates of state higher education institutions and those of accredited private higher education institutions may participate. + Article 173 (1) The expenses of maintenance of boarding schools, dormitories and canteens, intended for students and students, shall be covered by the own incomes of the respective educational establishments and institutions; they shall be completed with grants from the budget of state and local budgets. (2) The state higher education institutions shall ensure, in order to carry out the merged practice of the students, during the period provided for in the educational plans, the expenses of meals, accommodation and transport, in the situations in which the practice takes place outside the university centre. -------------- *) NOTE C.T.C.E.: Under lit. a) a par. ((2) art. 136 of ORDINANCE no. 59 59 of 22 August 2003 , published in MONITORUL OFFICIAL no. 615 of 29 August 2003, the order entering into force on 27 November 2003, from 1 January 2006, shall be repealed. art. 173 173 para. (3) of the Education Law no. 84/1995 , republished in the Official Gazette of Romania, Part I, no. 606 of 10 December 1999, as amended and supplemented; + Article 174 (1) For compulsory state education, school textbooks are provided free of charge, including in electronic format on the website of the Ministry of Education, Research and Innovation and on CD, where appropriate. Benefit from the same gratuity and students in upper secondary education who come from families who have monthly income per member equal or lower than the minimum gross basic salary per country. (2) In order to facilitate access to the educational process in electronic format, it is granted to each high school student, with the distribution of the computer, a removable USB memory device with a storage capacity of at least 4 GB. The method of acquisition and distribution of removable memory devices is established by Government decision. -------------- Alin. ((2) of art. 174 174 was introduced by art. I of LAW no. 143 143 of 10 July 2008 , published in MONITORUL OFFICIAL no. 531 531 of 15 July 2008. -------------- Article 174 has been amended by art. I of LAW no. 365 365 of 21 December 2007 , published in MONITORUL OFFICIAL no. 898 898 of 28 December 2007. + Article 175 Preschoolers, students and students receive free medical and psychological assistance in school medical and psychological offices or in polyclinics and state hospital facilities. + Article 176 (1) Students and students benefit from a 50% reduced rate for joint, surface and underground local transport, as well as for domestic, rail and naval transport, throughout the calendar year. (1 ^ 1) Students who cannot be schooled in the locality of residence are settled the transport expenses from the budget of the Ministry of Education, Research and Innovation, through the educational units to which they are schooled, on a subscription basis, in limit of 50 km. ------------- Alin. ((1 ^ 1) of art. 176 176 has been introduced by section 3 3 of art. I of LAW no. 291 291 of 7 July 2006 , published in MONITORUL OFFICIAL no. 598 598 of 11 July 2006. (1 ^ 2) For distances of more than 50 km, the settlement of the amount representing the value of 8 return trips per semester is ensured. ------------- Alin. ((1 ^ 2) of art. 176 176 has been introduced by section 3 3 of art. I of LAW no. 291 291 of 7 July 2006 , published in MONITORUL OFFICIAL no. 598 598 of 11 July 2006. (2) Students and students orphaned or from children's homes benefit from gratuity for the transport categories provided in par. ((1). (3) Students and students benefit from reduced rates by 75% for access to museums, concerts, theatre, opera, film and other cultural and sports events organized by public institutions. -------------- Alin. ((3) art. 176 176 was amended by the single article of LAW no. 428 428 of 22 November 2006 , published in MONITORUL OFFICIAL no. 965 965 of 30 November 2006. (4) The provisions of this article also benefit students and students from accredited private education. (5) Students and students Romanian citizens from outside the country's borders, scholars of the Romanian state, benefit from gratuity at all the events provided in par. ((3) and reduced rate by 50% for joint local, surface and underground transport, as well as for domestic car, rail and naval transport, throughout the calendar year. ------------ Alin. ((5) art. 176 176 was amended by the single article of LAW no. 33 33 of 11 March 2008 , published in MONITORUL OFFICIAL no. 197 197 of 14 March 2008. (6) Higher education institutions have the right to grant, outside the approved tuition figure, at least one place for free studies to graduates with a baccalaureate diploma received from foster care, under the conditions established by the senate university. + Article 177 (1) The extracurricular activities-scientific, technical, cultural-artistic and sports-, as well as those for students capable of superior performance are financed from the national public budget, according to the norms established by the Ministry of Education, Research and Innovation. Other sources of funding may also be used for this purpose. (2) Provisions of para. (1) shall also apply to the creative, sports and rest camps of students and students. + Article 178 Institutions and educational establishments can receive donations from the country and abroad, in accordance with the law, if they serve the educational policy of the national education system and if they are not contrary to the interests of the Romanian state. + Title VII Transitional and final provisions + Article 179 (1) The violation of the provisions of this law attracts, as the case may be, material, disciplinary, contravention or criminal liability. (2) The prevention of persons empowered to carry out the control of institutions or educational establishments constitutes, as the case may be, disciplinary or contravention or criminal misconduct. The finding of contravention or offence and the application of sanctions shall be made by the competent authorities. + Article 180 (1) The parent or legal guardian established has the right to choose the form of education and the way of education of the minor child. (2) The parent, legal guardian established or legal supporter is obliged to take measures to ensure the school frequency of the student in compulsory education. Failure to comply with this provision at fault of the parent, legal guardian established or legal supporter constitutes contravention and is sanctioned with a fine of between 500,000 lei and 2,000,000 lei. ------------- Alin. ((2) of art. 180 180 has been amended by section 44 44 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. (3) The finding of the contravention and the application of the fine shall be made by the authorities designated by the Ministry of Education, Research and Innovation and the Ministry of Administration and Interior, through a common methodology. ------------- Alin. ((3) of art. 180 180 has been amended by section 44 44 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 181 The provisions of this law are completed with the legal provisions on establishing and sanctioning contraventions. + Article 182 On the right of the minor child to follow compulsory education in Romanian or in the language of a national minority decides the parent or legal guardian established. + Article 183 Until the elaboration of the special accreditation law of the pre-university private education units the criteria and standards for evaluation and accreditation are established by Government decision, based on this law. + Article 184 The Ministry of Education, Research and Innovation can establish specialized organs under its command, according to the law. + Article 185 The scientific research activity financed from the state budget, carried out by the teaching staff, is remunerated in relation to the hourly salary corresponding to the teaching position, if there are no other provisions in the contract. + Article 186 Exceeding the duration of free university education, corresponding art. 62 and 67, are supported by students, except those who have the opinion of the medical commission and the approval of the university senate, according to legal regulations + Article 187 The professional status of graduates of university colleges is established by the Ministry of Education, Research and Innovation together with the Ministry of Labour, Family and Social Protection, within 6 months from the date of publication of this law in The Official Gazette of Romania. + Article 188 The university charter cannot have provisions contrary to the legislation in force. Failure to comply with laws in the content of the University Charter attracts the nullity of law ------------- Article 189 has been repealed by point (a) 45 45 of art. I of LAW no. 268 268 of 13 June 2003 , published in MONITORUL OFFICIAL no. 430 430 of 19 June 2003. + Article 190 (1) This law shall enter into force within 30 days of its publication in the Official Gazette of Romania *). On the date of entry into force The Law on Education and Education no. 28/1978 , as well as any other provisions contrary to this law. (2) Within 90 days from the publication of the present law in the Official Gazette of Romania the Ministry of Education, Research and Innovation elaborates the regulations arising from the application of this law and establishes transitional measures. ------------------- *) See also the dates of entry into force of the amending normative acts. ** **) See also EMERGENCY ORDINANCE no. 123 123 of 8 October 2001 published in MONITORUL OFFICIAL no. 643 643 of 15 October 2001, amending accordingly Law no. 84/1995 republished. ------------------- Art. II of LAW no. 354 354 of 15 July 2004 , published in MONITORUL OFFICIAL no. 687 687 of 30 July 2004 provides: "" ART. II In order to ensure the correct application of the principles of the new system of financing and administration of educational establishments in the entire state pre-university education system, the provisions of this law will apply staggered, between September 2004 2004-December 2007, as follows: a) from September 2004, the local and county councils, together with the county school inspectorates, move to the reorganization of the school network and constitute the boards of the educational units in accordance with the provisions art. 7 7 and ale art. 145 145 of Law no. 84/1995 , republished, with subsequent amendments and completions. Changes in the structure of the school network shall be implemented successively in the months of September 2004, 2005 and 2006; b) within 60 days from the date of entry into force of this Law, the Ministry of Education and Research shall develop and submit for approval to the Government the methodologies provided for in this Law; c) The Ministry of Education and Research reorganizes, in accordance with the provisions of this law, the National Program for the managerial training of school principals; d) the basic financing system of the pre-university education units provided for in art. 167 167-170 and to art. 174 174 of Law no. 84/1995 , republished, with subsequent amendments and completions, shall apply from the financial year 2005. The counties applying the basic funding system in the years 2005 and 2006 shall be nominated by Government Decision. Also, the Government's decision establishes the date of application of this system in Bucharest. " -------------- The Annex was deleted by the single article of LAW no. 185 185 of 26 May 2009 , published in MONITORUL OFFICIAL no. 362 362 of 29 May 2009, which rejects EMERGENCY ORDINANCE no. 156 156 of 12 November 2008 , published in MONITORUL OFFICIAL no. 778 778 of 20 November 2008. -----------