Law No. 84 of 24 July 1995 (republished * *) (* updated *) Education Act (updated until July 1, 2010 *)-PARLIAMENT ISSUING — — — — — — — — — — — —-*) Text was republished law published in MONITORUL OFICIAL nr. 606 of 10 December 1999. This is the updated form of S.C. "territorial Center of Electronic Computing" until July 1, 2010, with modifications and additions to: EMERGENCY ORDINANCE nr. 30 of 14 April 2000, rejected the law. 113 of 14 March 2002; EMERGENCY ORDINANCE No. 130 of 30 June 2000; EMERGENCY ORDINANCE No. 206 of 15 November 2000; EMERGENCY ORDINANCE No. 295 of 30 December 2000; EMERGENCY ORDINANCE No. 2 of 4 January 2001; EMERGENCY ORDINANCE No. 32 of 26 February 2001; Law No. 98 of 26 March 2001; Law No. 159 of 7 April 2001; EMERGENCY ORDINANCE No. 123 of 8 October 2001; Law No. 713 of 3 December 2001; EMERGENCY ORDINANCE No. 184 of 20 December 2001; CORRECTION No. 713 of 3 December 2001; Law No. 345 from 1 June 2002 abrogated by law No. 571 from 22 December 2003; Law No. 520 17 July 2002; Law No. 268 of 13 June 2003; EMERGENCY ORDINANCE No. 68 of 14 august 2003; EMERGENCY ORDINANCE No. 110 of 24 October 2003; Law No. 34 of 11 March 2004; Law No. 288 of 24 June 2004; Law No. 354 of 15 July 2004; EMERGENCY ORDINANCE No. 75 of 12 July 2005; Law No. 366 of 13 December 2005; ORDINANCE No. 59 of 22 august 2003, approved by law No. 545 of 18 December 2003 * *); Law No. 291 of 7 July 2006 * *); Law No. 316 of 12 July 2006; EMERGENCY ORDINANCE No. 88 of 20 November 2006; Law No. 428 of 22 November 2006; Law No. 480 of 19 December 2006; EMERGENCY ORDINANCE No. 38 of 9 May 2007, rejected the law. 286 of 29 October 2007; Law No. 160 of 6 June 2007; Law No. 253 of 19 July 2007; Law No. 286 of 29 October 2007; EMERGENCY ORDINANCE No. 128 of 12 November 2007; Law No. 365 of 21 December 2007; Law No. 2 of 9 January 2008; Law No. 32 of 11 March 2008 * *); Law No. 33 of 11 March 2008; EMERGENCY ORDINANCE No. 89 of 24 June 2008; Law No. 143 of 10 July 2008; Law No. 144 of 10 July 2008; EMERGENCY ORDINANCE No. 156 of 12 November 2008 rejected by law No. 185 May 26 2009; Law No. 296 of 14 November 2008; EMERGENCY ORDINANCE No. 191 of 25 November 2008; EMERGENCY ORDINANCE No. 40 from 22 April 2009; Law No. 185 May 26 2009; Decision No. 731 of 7 May 2009; Decision No. 732 of 7 May 2009; Law No. 250 of 30 June 2009; EMERGENCY ORDINANCE No. 97 of 9 September 2009; Law No. 384 of 10 December 2009; Law No. 387 on December 17, 2009; EMERGENCY ORDINANCE No. 73 of 30 June 2010.
*) Republished under art. II of law No. 151/1999 approving the Emergency Ordinance of Government No. 36/1997 modifying and completing the law on education no. 84/1995, published in the Official Gazette of Romania, part I, no. 370 from august 3, 1999, posing a new items and paragraphs actualizandu and numbering some names.
Law No. 84/1995 was republished in the Official Gazette of Romania, part I, no. 1 of 5 January 1996 and was amended by the Government's Emergency Ordinance No. 36/1997, published in Official Gazette of Romania, part I, no. 152 of 14 July 1997 and law No. 151/1999.
NOTE: according to C.T.C.E.) art. 11 of the EMERGENCY ORDINANCE nr. 2 of 4 January 2001, published in MONITORUL OFICIAL nr. 10 of January 9, 2001, is established the Ministry of education and Research as a specialized body of the central public administration, with legal personality, by reorganizing the Ministry of National Education and National Agency for science, technology and innovation, which are dissolved. In consequence, the names of the National Ministry of education and the National Agency for science, technology and innovation, is replace with the Ministry of education and Research.
NOTE: according to C.T.C.E.) art. The EMERGENCY ORDINANCE nr. 68 of 14 august 2003, published in Official Gazette No. 590 of 19 august 2003 shall replace the name "Ministry of education and Research" as "Ministry of education, research and youth".
NOTE: according to C.T.C.E.) lit. of paragraphs 1 to 5). (2) of article 9. ORDINANCE No. 136 from 59 of 22 august 2003, published in Official Gazette No. 615 of 29 august 2003, that Ordinance shall enter into force on 27 November 2003, with effect from 1 January 2006, are hereby repealed art. 173 paragraph 3. (3) of the Education Act No. 84/1995, republished in the Official Gazette of Romania, part I, no. 606 of 10 December 1999, as amended and supplemented;
NOTE: according to C.T.C.E.) art. II of law No. 291 of 7 July 2006, published in MONITORUL OFICIAL nr. 598 of 11 July 2006, the provisions of this law shall apply with effect from the second half of the 2006-2007 school year.
C.T.C.E.: Art NOTE). 23 of the EMERGENCY ORDINANCE nr. 221 of 23 December 2008, published in MONITORUL OFICIAL nr. 882 of 24 December 2008 reads: "Art. 23 (1) normative acts in which ministries, specialized bodies of central public administration and public institutions, which are dissolved, reorganizing times changing ratios of subordination or coordination, as appropriate, under the provisions of this Ordinance, shall be amended accordingly.
(2) the normative acts in force, the following names are replaced by properly the provisions of this Ordinance, as follows: a) "Ministry of Interior and Administrative reform" with "Ministry of administration and Interior";
b) "Ministry of agriculture and rural development" with "Department of agriculture, forestry and rural development";
the Ministry of Defense) "," with "National" Ministry of defence;
) ' Ministry of communications and information technology "with" Ministry of communications and information society ";
e) "Ministry of culture and religious affairs" with "the 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 the case of provisions governing the work of the economics and public finance "Ministry" in the 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-sized comp., trade, tourism and liberal professions" with "Ministry of small and medium enterprises, Commerce and business environment", in the case of the provisions governing the activity of small and medium enterprises, Commerce and business environment, and with the "Ministry of tourism", in the case of provisions governing the tourist activity;
j) "Ministry of transport" with "Ministry of transportation and infrastructure";
k) "Ministry of Justice" with "Ministry of Justice and Freedoms";
l) Ministry of environment and sustainable development "with" Department of the environment ";
m) "Ministry of labor, family and equal opportunities" with "Ministry of labour, family and social protection";
n) "Ministry of public health" with "Health Ministry";
a National Authority) "Youth" and "the National Agency for Sport" with the Ministry of youth and sports "". "
NOTE: according to C.T.C.E.) art. II of law No. 32 since March 11, 2008, published in MONITORUL OFICIAL nr. 197 of 14 March 2008, the present law shall enter into force with effect from the school year 2008-2009.
Title I General provisions Article 1 this law regulates the organisation and functioning of the national system of education.
Article 2 priority In Romania's national team constitutes education.
Article 3 (1) the realisation of the educational ideal aims Education, founded on the traditions of humanistic values, on democracy and on the aspirations of Romanian society, and contributes to the preservation of national identity.
(2) the educational Ideal of Romanian school consists in the development of free, full and harmonious human individuality, in the formation of the autonomous and creative personality.
Article 4 (1) Education has as its purpose the formation of the human personality through: a comprehensive and scientific knowledge), the values of national and universal culture;
b) intellectual capacity building, the availability of practical skills and affective through assimilation of humanistic knowledge, scientific, technical and aesthetic;
c uptake techniques of work) intellectual, required training and self-management education for the duration of entire lifetimes;
d) educating in a spirit of respect for human rights and fundamental freedoms, of dignity, of tolerance and of the free exchange of opinions;
e) nurturing sensitivity towards the issue of humane values versus moral-civic, respect for nature and the environment;
f) harmonious development of the individual through physical education, hygiene and sanitary education and sport;
g) young generation for professional activities, producing material and spiritual goods.
(2) ensure Education nurturing love towards the country, against the historical background and the traditions of the Romanian people.
(3) the learning outcomes of the Romanian school is achieved through strategies and modern techniques of instruction and education, supported by the natural science education and school practice, in accordance with the objectives of each level of education.
Article 5
(1) Romania's Citizens have equal access to all levels and forms of education, regardless of social and material condition, sex, race, nationality, religion or partisanship.
(2) the State shall promote the principles of democratic education and guarantees the right to education on the basis of differentiated educational pluralism, for the benefit of the individual and of the whole society.
(3) the State shall promote the principles of permanent education.
(4) from the date of accession of Romania to the European Union, citizens of the Member States of the European Union, countries belonging to the European Economic area and the Swiss Confederation shall have access to all forms and levels of education, in the same conditions as those laid down by law for Romanian citizens, including in terms of tuition fees.
— — — — — — — — — — — —-. (4) article. 5 was introduced by art. 1 of law No. 316 of 12 July 2006, published in MONITORUL OFICIAL nr. 614 on 17 July 2006.
Article 6 compulsory 10 grades. Attendance at compulsory education from 10 classes, form the living ceases at the age of 18.
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Art. 6 was amended by section 1 of article. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 7 (1) public education is free of charge.
(2) For some charges may be subject to the conditions laid down in this law.
(3) public education is financed from the State budget and local budgets. Funds intended for education are nominated in the State budget and local budgets.
(4) Education can be financed directly by the economic agents, as well as other natural or legal persons.
(5) Education can be sustained through scholarships, loans, fees, donations, sponsorships, own sources and other legal sources.
(6) the State supports them material, especially, students and students who obtain very good results in teaching and prove their skills with special training in the field of a profession.
(7) the State and other stakeholders subsidize activities performance, national and international, of pupils and students.
(8) the institutions of education and educational units with a minimum of 200 students or with a minimum of 100 preschoolers are public institutions with legal personality.
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Alin. (8) article. 7 was amended by section 1 of article. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(9) educational Units with a number less than 200/100 students/preschool is organized within the framework of the collection/units with legal personality education placed under the same authorising officer, as their structures.
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Alin. (9) article. 7 was introduced by section 2 of art. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(10) exceptionally, on the basis of the criteria submitted in the Organization and functioning of the pre-university educational units of the State, local public administration authorities can approve, with the opinion of the Ministry of education, research and innovation as a functioning legal entities of some units with a number less than 200/100 students/preschool.
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Alin. (10) of article 1. 7 was introduced by section 2 of art. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(11) in the case of a number greater than 10 preschoolers, organize the teaching units without legal personality, with the agreement of the Ministry of education, research and innovation courses can be organised in the appropriate spaces in the residence of children, through the movement of teachers from preschool units with legal personality, benefiting all rights relating to transport and to delegate as appropriate.
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Alin. (11) article. 7 was introduced by article in law No. 144 of 10 July 2008, published in MONITORUL OFICIAL nr. 531 of 15 July 2008.
(12) If a number greater than 10 students in primary education, organised in educational establishments without legal personality, with the agreement of the Ministry of education, research and innovation courses can be organised in the appropriate spaces in the residence of children, through the movement of teachers from school units with legal personality, benefiting all rights relating to transport and to delegate as appropriate.
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Alin. (12) article. 7 was introduced by article in law No. 144 of 10 July 2008, published in MONITORUL OFICIAL nr. 531 of 15 July 2008.
(13) a group of preschoolers or class of students formed in the conditions laid down in paragraph 1. (11) or (12) is considered to be the Chair.
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Alin. (13) article. 7 was introduced by article in law No. 144 of 10 July 2008, published in MONITORUL OFICIAL nr. 531 of 15 July 2008.
Article 8 (1) Education of all levels are conducted in Romanian language. It is taking place under the present law, and in the Dutch national minorities, as well as in international languages.
(2) In each locality is organized and operates educational units or formations of study with Romanian teaching language and, where appropriate, with teaching in the languages of national minorities or ensure training in their mother tongue in the nearest village is possible.
— — — — — — — — — — — —-. (2) of article 9. 8 was amended by paragraph 2 of article 9. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
(3) Learning in the school of Romanian language, as the official State language is compulsory for all Romanian citizens, regardless of nationality. Learning plans must cover the requisite number of hours and also ensure conditions allowing for learning the official language of the State.
(4) both in public education, and the private school and the official University documents, nominated by order of the Minister of education, research and youth are prepared in Romanian language. The other school and University documents can be filed in the language of instruction.
(5) educational institutions and Units can perform and deliver on request translations of official documents and other school and University papers.
Article 9 (1) of the framework Plans of education primary, secondary, high school and professional include religion as well as school discipline, part of the trunk. The student, with the consent of the parents or legal guardian set up, choose to study religion and confession.
(2) at the written request of their parents or legal guardian established, the student may not attend religion classes. In this case the school situation ends without this discipline. Similarly proceed and for which the pupil, for objective reasons, have not been provided the conditions for attendance hours at this discipline.
(3) the official State recognized religions may ask the Ministry of education, research and innovation organization of a specific theological education personnel preparation of worship and missionary activity of socio-religious affairs, only for alumni education, secondary courses where appropriate, proportional representation of each share in worship, religious configuration according to official census refreshed. Establishment and operation of the education is done according to the law.
(4) State-recognized religions are entitled to set up and manage their own units and educational institutions, in accordance with the law.
(5) specific theological pre-university education Curriculum is developed by the cult, approves of the State Secretariat for religious denominations and approved by Ministry of education, research and innovation. Pre-university curricula, organized religions other than theological, is developed and approved in accordance with the law. For higher education, the curriculum is developed and approved according to the law.
Article 10 (1) State Education Network units is organized and approved by Ministry of education, research and innovation, in collaboration and with the support of local public administration, in accordance with the demographic dynamics and with training needs, current and perspective. State education institutions network is organised by the Ministry of education, research and innovation.
(2) local authorities and businesses can establish and fund units according to law school.
(3) the Ministry of education, research and innovation can approve the organisation units and educational institutions where teaching to be done in international languages, under the present law. In these schools Romanian language and literature, history and geography of Romania are taught and examined in the Romanian language.
(4) the Ministry of education, research and innovation can approve the Organization of educational units or classes consisting of students capable of performing.
(4 ^ 1) Select the county school inspectorates in each school year 25 students capable of performance, graduates 4th class, coming from rural areas, whose families have income per Member of the family under one-third of the minimum gross basic salary per country guaranteed payment.
— — — — — — — — — — —-. (4 ^ 1), art. 10 was introduced by art. 1 of law No. 32 since March 11, 2008, published in MONITORUL OFICIAL nr. 197 of 14 March 2008.
(4 ^ 2) Selection of students is done by specialists from the Centre for psycho-pedagogical assistance, County based on a methodology developed by the Ministry of education, research and innovation, approved by order of the Minister.
— — — — — — — — — — —-. (4 ^ 2) of art. 10 was introduced by art. 1 of law No. 32 since March 11, 2008, published in MONITORUL OFICIAL nr. 197 of 14 March 2008.
(4 ^ 3) Students selected under the provisions of paragraph 1. (4 ^ 1) will be schooled in prestigious educational establishments, set up by the County School Inspectorate.
— — — — — — — — — — —-. (4 ^ 3) of art. 10 was introduced by art. 1 of law No. 32 since March 11, 2008, published in MONITORUL OFICIAL nr. 197 of 14 March 2008.
(4 ^ 4) Students selected for the scholarship be established Government school «», awarded by the Ministry of education, research and innovation and financed from the State budget. school scholarship is determined by decision of the Government, being intended to cover the costs of accommodation, meals and school indexându yearly.
— — — — — — — — — — —-. (4 ^ 4) art. 10 was introduced by art. 1 of law No. 32 since March 11, 2008, published in MONITORUL OFICIAL nr. 197 of 14 March 2008.
(5) under the present law can be organized with educational establishments teaching Romanian language in addition to 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 their mother tongue in the countries in which they live, in compliance with the laws of that State.
Article 11 (1) shall not be subordinated to the goals of Education and doctrine promoted by political parties or other political formations.
(2) In the units and in the education establishment and functioning shall be prohibited political parties or other political formations, as well as organizing activities and propaganda policy.
(3) it is prohibited to religious proselytizing, education.
(4) In the spaces intended for educational process, scientific research units, libraries, printing and publishing of educational institutions, in dormitories, boarding schools, canteens, clubs and houses of culture of the students, staff houses, homes, school, sports and cultural complex, palaces and clubs of children and pupils are prohibited activities that violate the General rules of morality, physical or mental health as well as jeopardising the youth.
Article 12 (1) the Ministry of education, research and innovation, in consultation with the other institutions and ministries concerned, designs, base and apply global education strategy, sets out the objectives of the education system as a whole, as well as the objectives of the educational levels and profiles.
(2) the structure and content of education cannot be exclusive and discriminatory criteria by ideological, political, religious or ethnic. Are not considered to be exclusive and discriminatory criteria and educational institutions units created from religious needs or language in which teaching corresponds to the choice of the parents or legal guardians instituiti schoolchildren.
(3) the Ministry of education, research and innovation, by analysing the factors interested in organising shapes and specific types of education, is responsible for drafting the curriculum education plans, programmes and schoolbooks for pre-university education. In the higher education curricula shall be established in accordance with the University's autonomy and national standards.
Article 13 academic Autonomy is guaranteed.
Article 14 (1) In the national education system, State and private, can be initiated and organized educational alternatives, with the agreement of the Ministry of education, research and innovation.
(2) the assessment and accreditation of educational alternatives are made by the Ministry of education, research and innovation, according to the law.
Title II of the National System of education chapter I common Provisions Article 15 (1) of the National Education System is made up of all establishments and educational institutions of various types, levels and forms of organisation of activity of training and education.
(2) the National Education System includes units and educational institutions of the State.
(3) the privatisation of institutions and State educational establishments is prohibited.
(4) Education is organized by levels, ensuring the coherence and continuity of training and education, in accordance with the age and individual peculiarities.
(5) the National Education System comprises the following levels: a) education: Group; Middle group; Group, preparatory school;
b) primary education: classes I-IV;
(c) secondary education), which includes: 1. lower secondary education, organized in two cycles that succeed: middle school, grades V-VIII, and the cycle of high school or the school of Arts and crafts, classes IX-X;
2. upper secondary education: Lyceum upper cycle, class XI-XII/XIII, preceded, where appropriate, by year of completion;
d) post-secondary education;
e) higher education: University education and postgraduate education.
(6) the National Education System includes the permanent education.
(7) Education preschool, primary, secondary and post-secondary pre-university constitute. Lower cycle and higher cycle of secondary education constitute high school. School of Arts and crafts and year of completion constitutes vocational education.
(8) primary and lower secondary education constitute legally binding.
(9) the ITC reports through the school inspectorates, the Ministry of education, research and innovation, and higher education is coordinated by the Ministry of education, research and innovation, while respecting the autonomy of the University.
(10) the forms of organisation of education are: education of full-time day, part-time, distance learning, and amalgamated with the children with special educational needs, homebound, with tuition at home.
11. Compulsory education is. Exceptionally, for people who have topped more than 2 years age class, compulsory can be organized and other forms of education, in accordance with paragraph 1. (8) based on a methodology developed by the Ministry of education, research and innovation.
(12) In the education system can provide an experimental pilot units, and application.
(13) in relation to existing conditions may provide, under the leadership, educational units which are organized into multiple levels/cycles.
(14) in the context of the national system of education, under the coordination and supervision of the Ministry of education, research and innovation can be set up and may provide, in accordance with the law, educational structures organized through cooperation between units and institutions from the country and from abroad, on the basis of intergovernmental agreements.
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Art. 15 has been amended by section 3 of article 9. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 16 (1) of the National Education System is opened. Pre-university students in the transition from one school to another unit from one profile to another and from one system to another is possible under the conditions laid down by the regulation of the Ministry of education, research and innovation. Openness in higher education is provided through the University Charter.
(2) pupils and students with exceptional skills and school performance can promote 2 years of study at a university or school year.
Article 17 (1) the Ministry of education, research and innovation, school inspectorates and the local public administration authorities shall ensure the necessary conditions for students to attend primary and secondary school, as a rule, in the localities where they jurisdiction.
(2) In duly justified circumstances, children in group, preparatory school, and pupils in compulsory education, educated in another locality, ensure, where necessary, services, transport, food and boarding, with support from the Ministry of education, research and innovation of local public administration authorities, of companies, of the local communities of charitable societies, and other legal and physical persons.
— — — — — — — — — — — —-. (2) of article 9. 17 was amended by paragraph 4 of art. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
(3) at the request of parents and according to existing local resources, educational units can organize with students, after-school course, educational activities and learning under the supervision of teachers and/or teaching.
— — — — — — — — — — — —-. (3) art. 17 was introduced by section 5 of art. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Chapter II Preschool Education article 18 (1) Preschool Education is organized for children aged 3-6/7 years in normal kindergartens with extended and weekly.
— — — — — — — — — — — —-. (1) of article 1. 18 was amended by section 6 of article. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
(2) Open sets by the school inspectorates.
— — — — — — — — — — —-. (3) art. 18 was abrogated by article. 39 from EMERGENCY ORDINANCE nr. 75 of 12 July 2005, published in Official Gazette No. 642 of July 20, 2005.
Article 19
(1) in order to ensure continuity between preschool and primary education is generalizeaza group, preparation for school.
(2) the local government and the School Inspectorate will provide human resources, material and financial resources needed to improve targets children age 5-6/7 years old in the group, preparatory school.
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Art. 19 has been amended point 7 of article. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Chapter III primary education in article 20 (1) primary education is organized and operates, as a rule, morning program, within educational establishments with the grades I-IV, I-VIII I-X or XII/XIII.
(2) are enrolled In first grade children who reach the age of 6 years before the date of commencement of the school year.
(3) upon written request from the parents, guardians or legal supporters, may be enrolled in the class and the children who reach the age of six by the end of the calendar year, if their development is psychosomatic.
(4) upon written request from the parents, guardians or legal supporters, enrolling in the class of children who reach the age of 6 years before the date of commencement of the school year will be delayed by one year.
(5) the Ministry of education, research and youth may approve the Organization of training courses in order to promote the classes I-IV for people who, for various reasons, do not have completed primary education up to the age of 14 years.
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Art. 20 was amended by section 8 of article. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Chapter IV section 1 secondary education secondary education secondary — — — — — — — — — — — — —-the title of section 1 of the Head. IV was amended by point 9 of article. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 21 secondary is organized and operates within educational units cu clasele I-VIII, V-VIII, V-X, I-X, I-XII/XIII or V-XII/XIII.
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Art. 21 was amended by paragraph 10 of article 10. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 22 (1) access the alumni class of ninth grade in the lower cycle of high school or the school of Arts and crafts is accomplished by selection and allocation procedure, regulated according to the methodology of Ministry of education, research and innovation, which is giving up advertising at the beginning of the school year.
(2) the procedure for the selection and allocation is based on the results of the assessment of competencies gained within the secondary cycle. Competence assessment is performed according to national standards.
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Art. Amended 22 of point 11 of article 1. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Section 2 of the lower Cycle of secondary Education high school — — — — — — — — — — —-the title of section 2 of the Head. IV been altered since point 12 of article 4. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 23 (1) of the Lyceum Cycle is organized and operates within the framework of educational establishments with classes I-X, V-X, I-XII/XIII, XII/XIII or IX-XII/XIII.
— — — — — — — — — —-. (2) of article 9. 23 was repealed by article. 39 from EMERGENCY ORDINANCE nr. 75 of 12 July 2005, published in Official Gazette No. 642 of July 20, 2005.
(3) upper secondary Education in full-time, part-time and distance learning, can operate according to the law, educational units established by the school inspectorates.
(4) the lower cycle of High School Graduates acquire graduation certificate, personal portfolio for permanent education and, upon request, will.
(5) the lower cycle of High School Graduates who support and promote certification exam professional skills acquired certificate of vocational qualification level 2.
— — — — — — — — — — —-. (5) article. 23 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 40 on April 22, 2009, published in MONITORUL OFICIAL nr. 286 of 30 April 2009.
(6) the Organization and conduct of the examination for certification of professional competences is determined through the methodology developed and approved by the Ministry of education, research and innovation and is given until the advertising date of commencement of the previous school year.
— — — — — — — — — — —-. (6) article. 23 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 40 on April 22, 2009, published in MONITORUL OFICIAL nr. 286 of 30 April 2009.
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Art. 23 was amended by the pct, article 13. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 24 (1) upper secondary Education usually operates the following channels and profiles: a) theoretical, with humanist and real profiles;
b) technological chain, with profiles, services, exploitation of natural resources and environmental protection;
c) vocational Department with military orders and profiles, sports, artistic, theological and pedagogical.
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Lit. c) of paragraph 2. (1) of article 1. 24 was modified by section 3 of article 9. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
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Lit. d) of paragraph 2. (1) of article 1. 24 when it was eliminated by repealing item 1 of article in EMERGENCY ORDINANCE No. 130 of 30 June 2000, published in MONITORUL OFICIAL nr. 306 of 4 July 2000 by law No. 98 of 26 March 2001, published in MONITORUL OFICIAL nr. 157 of 29 March 2001.
— — — — — — — — — — — —-C.T.C.E. NOTE: *) in accordance with paragraph 17 of the annex to the EMERGENCY ORDINANCE nr. 295 of 30 December 2000, published in MONITORUL OFICIAL nr. 707 of 30 December 2000, on 1 January 2001, adjourn the application of EMERGENCY ORDINANCE No. 130 of 30 June 2000 located in legislative procedure, pending the adoption of the law on approval or rejection by Parliament. During this suspension applies to regulations in matter existing at the date of coming into force of this Act.
Law No. 98 of 26 March 2001, published in MONITORUL OFICIAL nr. 157 of 29 March 2001, was approved with modifications by the EMERGENCY ORDINANCE nr. 130 of 30 June 2000, published in MONITORUL OFICIAL nr. 306 of 4 July 2000.
(2) high schools are organized with one or more profiles. Within these profiles can be organized, with the approval of the Ministry of education, research and innovation, small classes with more advanced training and special classes for students with exceptional skills and performance.
(3) the duration of studies in upper secondary education may be appropriate, of 4 or 5 years and is established by the Ministry of education, research and innovation.
— — — — — — — — — — — —-. (3) art. 24 has been changed from point 14 of article. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
(4) the Ministry of education, research and innovation may restructure profiles and specializations in relation to occupations and professions of the dynamics of the labour market.
Section 2 ^ 1 has higher Cycle high school — — — — — — — — — —-section of 2 ^ 1 of Cap. IV was introduced by point 15 of article 2. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 25 (1) Passage from the lower cycle of Lyceum cycle is regulated by the methodology of the Ministry of education, research and innovation, which is given at the beginning of the school year advertising preceding admission.
(2) the cycle of high school is organized and operates within the framework of educational establishments with classes I-XII/XIII, XII/XIII or IX-XII/XIII.
(3) entry in the cycle of the school, courses can be done in the first 2 years after graduation from lower cycle, year of completion, if from the beginning of the school year the student has not exceeded the age of 18.
(4) the cycle of high school, full-time, part-time and distance learning, can operate according to the law, educational units established by the school inspectorates.
(5) the cycle of high school works with the clandestine, profiles and specializations were established by order of the Minister of education, research and youth in relation to the dynamics of the professions, trades and occupations on the labour market.
(6) according to the Department, and specialization, duration of studies within the framework of the high school is 2 or 3 years and is established by the Ministry of education, research and innovation.
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Art. 25 was amended by paragraph 16 of article. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 26 (1) shall attest to the completion of high school through a graduation certificate, which confers the right of access, in accordance with the law, in post-secondary education, supporting the national Baccalaureate exam, exam certification/attestation of professional competence.
(2) Graduates of the Lyceum cycle acquired and personal portfolio for permanent education and, upon request, will.
(3) High School Graduates of the cycle that support and promote national examination baccalaureate (high school) diploma and acquired, which give them the right of access to higher education, in accordance with the law.
(4) the national baccalaureate Exam consists in supporting the following samples: a. evidence for assessing the language skills of oral communication in Romanian language;
B. evidence for the assessment of language skills of oral communication in the mother tongue, for students who have completed secondary education in a language of national minorities;
C. sample evaluation of language skills in an international language studied throughout secondary education. The result of the evaluation is expressed by the level of competence corresponding to the common european framework of reference for languages. Students who promote, during exams, pre-university education with international recognition for language skills certification in foreign languages are entitled to recognition and comparability of the results obtained at these examinations upon request and in accordance with a methodology approved by order of the Minister of education, research, youth and sport;
D. skills assessment test. The result of the evaluation is expressed by the level of competence in relation to recognised European standards in the field. Students who promote, during exams, pre-university education with European recognition for certifying digital competences are entitled to recognition and comparability of the results obtained at these examinations upon request and in accordance with a methodology approved by order of the Minister of education, research, youth and sport;
E. evidence by assessing competencies during secondary education formats, as follows: a) written test in Romanian language and literature-sample common for students at all clandestine, profiles and specializations;
b) written test in their native language and literature-sample common for students at all clandestine, profiles and specializations, who attended high school in a language of national minorities;
c a written test), differentiated according to Department, profile and specialization, as follows: (i) mathematics-profile real theoretical system for the technological chain, or, where appropriate, for the vocational Department;
()-humanist history profile from the theoretical connection or, where appropriate, for the vocational Department;
d) a written test in which the student may choose, according to the Department, and specialisation, for one of the following disciplines listed in two groups of subjects: Physics, chemistry, biology or computer science;
() geography, philosophy, logic and argumentation, economics, psychology and sociology, where appropriate.
— — — — — — — — — — —-. (4) article. 26 was amended by section 1 of article in EMERGENCY ORDINANCE No. 73 of 30 June 2010, published in MONITORUL OFICIAL nr. 448 from 1 July 2010.
(5) for certain sectors, profiles, respectively, established by the Ministry of advanced education, research and innovation, graduates of the Lyceum cycle can sustain a certification exam or, where appropriate, evidence of professional competences, separated from the Baccalaureate exam, according to the law.
(6) Graduates of the Lyceum cycle that support and promote certification exam/certification of professional competencies acquired professional qualification certificate level 3, i.e. certificate of professional competence.
(7) the list of exam samples, including the contents of the exam and how programmes of organisation and conduct of the Baccalaureate exam and certification exam or certification of professional competences, is established through the methodologies developed and approved by the Ministry of education, research and innovation and give publicity to the date of commencement of the previous school year.
(8) The drawing up of the list of samples including exam and to establish baccalaureate programs content can be accessed and institutions of higher education.
(9) in the event of interruption of studies shall recognize each school year promoted. Upon request, a document is issued by the certification of studies and personal portfolio for permanent education, completed to date.
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Art. 26 was amended by the pct, article 17. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 27 (1) the national baccalaureate Exam is considered to be promoted by upper-secondary education, high school graduates who meet the following cumulative conditions: a) claimed the samples referred to in art. 26 para. (4) (a). A-D;
b) have claimed all the samples by. 26 para. (4) (a). E and have obtained at least 5 Note to each of them;
c) arithmetic, calculated with two decimal places, notes obtained from the samples by indicated in article 4 26 para. (4) (a). It is at least 6.
(2) average national Baccalaureate exam is the arithmetic mean calculated with two decimals accurate notes obtained from the samples by. 26 para. (4) (a). E. (3) as a result of the promotion of the national Baccalaureate exam, the graduate is granted the diploma of baccalaureat.
(4) the graduates of the class XII/XIII who argued the evaluations referred to in article 1. 26 para. (4) (a). A to D shall be issued certificates that attest to the level of linguistic competence, i.e. the level of competence. The issue of such licences shall be conditional on the promotion of evidence by. 26 para. (4) (a). E. (5) in the case of the national Baccalaureate exam nepromovării can be recognized in the following sessions, upon request, the results of the evaluations backed up according to art. 26 para. (4) (a). A to D, i.e. the results of the samples by. 26 para. (4) (a). It's that have been promoted at least note 5.
(6) in the course of a school year is organized two sessions of the national Baccalaureate exam.
(7) candidates can claim the national Baccalaureate exam and the exam for the certification of professional competencies, without charge, a maximum of two times. Subsequent presentations at these examinations are subject to payment of fees laid down by the Ministry of education, research, youth and sport.
(8) the evidence referred to in article 1. 26 para. (4) (a). A-D is organized and conducted at the unit level of education from which the candidates in front of a Committee chaired by the Director of the educational unit and called by the decision of the inspector general school, under the conditions established by the methodology specified in article 13. 26 para. 7. (9) Samples from the national Baccalaureate exam. 26 para. (4) (a). E, stand after the end of the school year, in front of a Commission appointed by the School Inspectorate, under conditions established by the methodology specified in article 13. 26 para. (7) (10) the Commission referred to in paragraph 1. (9) is headed by a President, appointed by order of the Minister of education, research, youth and sports of university teachers teaching, taking the title of scientific doctor. In duly justified circumstances, may be appointed as the Chairman and a secondary education teacher, having degree I and professional performances, holder to another drive than the education of students who support the evidence of the national Baccalaureate exam.
(11) the Commission referred to in paragraph 1. (9) is made up of teachers from other educational facilities than those of students who support the evidence of the national Baccalaureate exam.
(12) the number of the boards referred to in paragraph 1. (9) the number of schools in the samples from the national baccalaureate examination shall be determined by the Ministry of education, research, youth and sport, on the proposal of the school inspectorates.
(13) the national Baccalaureate exam results are public.
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Art. 27 was amended by section 2 of article in EMERGENCY ORDINANCE No. 73 of 30 June 2010, published in MONITORUL OFICIAL nr. 448 from 1 July 2010.
Article 28 (1) promoting Baccalaureate exam, the graduate diploma is issued (i) baccalaureate. Issue of a certificate of professional qualification and attestation of professional competence is not subject to the baccalaureate examination.
(2) Graduates who promoted all classes between ninth and 12TH/13TH with general average minimum 9.50 and at Baccalaureate exam have achieved average 10 receive the diploma of merit.
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Art. 28 was amended by the pct, article 19. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Section 3 of the education in vocational education and vocational schools — — — — — — — — — — —-the title of section 3 of the Head. IV been altered art item 20. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 29 (1) In the schools of Arts and crafts organizes education for professionalization, in order of qualification level 1 occupational fields.
(2) Arts and crafts Schools may operate independently or within the framework of educational establishments with classes I-X, I-XII/XIII, V-X, XII/XIII or IX-XII/XIII.
(3) For persons who have exceeded the age of 18, and vocational education can be organized as full-time education or extra-mural in law, in units set by the education inspectorate, the municipality of Bucharest.
— — — — — — — — — — —-. (3) art. 29 was introduced by section 1 of article. 1 of law No. 366 of 13 December 2005, published in Official Gazette No. of 19 December 2005, 1,147.
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Art. 29 (originally with para. 1 and 2) was modified by pct article 21. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 30
(1) the State of the schools of Arts and crafts is organized by the Ministry of education, research and innovation, in consultation with stakeholders.
— — — — — — — — — — —-. (1) of article 1. 30 was modified by pct article 22. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
(2) the State of the schools of Arts and crafts, trades and qualifications for which is scolarizeaza and the number of jobs related to advertising with 6 months prior to the start of the school year.
— — — — — — — — — — —-. (2) of article 9. 30 was modified by pct article 22. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
(3) the framework Plans of education and school programs is developed and approved by the Ministry of education, research and innovation, in consultation with stakeholders, on the basis of professional standards and, where appropriate, occupational standards.
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Art. 31 was repealed by article item 23. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 32 (1) educational Units can organize, at the request of stakeholders, on a contract basis, qualification courses and professional conversion with occupational standards, as well as other educational services.
(2) the economic agents that ensure, where appropriate, on a contract basis with education units, tuition grants, internships, students practice training equipment of the training areas, jobs for graduates are eligible for tax breaks, according to a methodology approved by decision of the Government.
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Art. 32 was amended by paragraph 24 of article. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
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Art. 33 was repealed by article 25 point. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 34 (1) graduates of schools of Arts and crafts acquired graduation certificate and a personal portfolio for permanent education and, upon request, will.
(2) Graduates who support and promote certification exam of professional competencies acquired professional qualification and certificate level 1.
(3) the system of certification of skill levels and professional competences acquired within the framework of pre-university education are organized on the basis of the common regulations of the Ministry of education, research and innovation and the Ministry of labour, family and social protection.
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Art. 34 was amended by point 26 of article. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 35 Education Organization School of Arts and crafts and the exam for the certification of professional competencies shall be regulated by the Ministry of education, research and innovation through specific methodologies.
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Art. Amended 35 of point 27 of article. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Section 4-th Year of completion — — — — — — — — — — — — Section 4 of Cap. IV was introduced by the pct, article 28. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 36 (1) graduates of schools of Arts and crafts with the graduation certificate and vocational certificate with level 1 are entitled to further studies in upper secondary education, under the present law.
(2) in order to access the upper cycle of the Lyceum, the persons referred to in paragraph 1. (1) you must follow and to graduate, according to the law, the year of completion. Year of completion is organized, as a rule, like education. For people who have surpassed the 18 years of age, year of completion can be organized as full-time education or extra-mural education, in units set by the Inspectorate of Bucharest city, respectively.
— — — — — — — — — —-. (2) of article 9. 36 was amended by paragraph 2 of article 9. 1 of law No. 366 of 13 December 2005, published in Official Gazette No. of 19 December 2005, 1,147.
(3) completing year Alumni acquired graduation certificate, personal portfolio for permanent education and, upon request, will.
(4) completing year Alumni who support and promote certification exam of professional competencies acquired professional qualification certificate and level 2.
(5) completion year Graduates with a certificate of professional qualification level 2 and graduation certificate can continue their studies in higher high school cycle, 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 educational establishments that scolarizeaza students in the year of completion is organised by the Ministry of education, research and innovation, in consultation with stakeholders.
(7) the network of State educational establishments which scolarizeaza pupils in year, trades and qualifications for which is scolarizeaza and the number of jobs related to advertising with 6 months prior to the start of the school year.
(8) organisation of education since completing certification and examination of professional competence shall be regulated by the Ministry of education, research and innovation, through specific methodologies.
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Art. 36 was amended by the pct, article 29. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Chapter V Art Education and sports education in article 37 (1) Art Education and sports education is organized for pupils with skills in these areas.
(2) Units in which it organizes art education and sports education is approved by the Ministry of education, research and innovation, at the recommendation of school inspectorates.
Article 38 In art education and sports education: schooling to undertake) as a rule, beginning in primary school;
b) students can be registered only on the basis of specific skills testing;
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Lit. b) art. 38 changed point 30 of article 1. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
c) framework plans of education are adapted to the profile;
(d) specialized subjects) study is carried out in groups or individually, according to criteria established by the Ministry of education, research and innovation;
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Lit. s) art. 38 it was abrogated by the pct, article 31. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
(f) school education) programs in high schools and secondary education sports meet the objectives set for the respective profile.
Article 39 graduates of art education and sports education benefits from the rights provided for in art. 23 para. (4) and in article 8. 26 para. (1), (2), (3), (5), (6) and (9).
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Art. 39 has been amended, article, item 32. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 40 (1) For sports activity and artistic performance, the Ministry of education, research and innovation can arrange school clubs and schools with pre-university program sports or arts, or integrated.
— — — — — — — — — — —-. (1) of article 1. 40 has been amended item 33 of art. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
(2) to support the work of the artistic performance and sports Ministry of education, research and innovation organises sports camps or creative artistic, sporting or artistic contests, school festivals, Championships; granting scholarships and other forms of material support.
(3) the Ministry of youth and sports, Ministry of culture), religious affairs and national heritage and the other ministries concerned have the obligation to support financially and materially the activities performance in sports and the arts.
— — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: by decision No. 759 of 3 July 2003, published in Official Gazette No. 497 of 9 July 2003 was established National Agency for Sport. JUDGMENT No. 759 of 3 July 2003, published in Official Gazette No. 497 of 9 July 2003 was repealed by the decision No. 1,721 of 30 December 2008 published in MONITORUL OFICIAL nr. 26 of January 13, 2009 regulating the Organization and functioning of the Ministry of youth and sports.
Chapter VI Education for children and youth with special educational needs — — — — — — — — — — — — the title Head. 6TH amended item 34 of art. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 41 (1) special education is organized by the Ministry of education, research and innovation, for pre-school children and pupils with physical, mental, sensory, language, socioafective and behavior associated with deficiencies or for the purpose of training and education, of their social rehabilitation and integration.
(2) the integration of children of school with special educational needs is carried out by units of the special education in special classes and age groups from pre-school units and regular school, or in ordinary educational units, including units with teaching in the languages of national minorities.
(3) special education primary and lower secondary is compulsory and has duration, as appropriate, for 10 or 11 years.
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Paragraphs 1 and 2. (3) art. amended 41 of point 35 of article. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 42 (1) special education is free of charge.
(2) special education is organized as day education. In special cases it may be and in other forms.
(3) special education units may qualify for support from the social protection institutions, other State organizations and private charity of companies, individuals or legal entities in the country and abroad, for stimulation, compensation and recovery of disability.
Article 43 the type and degree of disability of the child shall be determined by panels of expertise, interscolare and County School inspectorates, subordinate.
Article 44 special education has plans of education, curricula, textbooks and teaching methodologies, developed based on the type and degree of disability, and approved by the Ministry of education, research and innovation.
Article 45 (1) preschool and primary education, depending on the evolution of the child, may make proposals for refocusing operative from school mass towards the special school and vice versa or from home-school towards special school and vice versa.
(2) the proposed reorientation is done by the education staff who worked with the child in the case and by the psychologist operator The decision shall be taken by refocusing the Commission of expertise, with the consent of his family or sustinatoru.
(3) Children with special educational needs, which could not be reorientati towards education, including special classes, continuing education in establishments of special education primary, secondary, vocational, secondary, and post-secondary, 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 interests in the field, ensure integration into active life, as appropriate, special education alumni, according to the qualification obtained and the conditions laid down by the legislation in force.
Chapter VII related Units of pre-university education Article 47 (1) at the level of preschool education, primary and secondary education, in addition to some educational establishments in that area representative organizes logopedice interscolare centers, coordinated school inspectorates, as integrated special education structures.
(2) logopedice interscolare Centres works with teachers, speech therapists, having to qualify for the special Psycho-pedagogy, psychology or pedagogy; They also have an obligation to guide educatoarele, teachers and trainers in methodology development and correction of the language of those who present with speech disorders.
(3) for children with chronic diseases the Ministry of education, research and innovation, where appropriate, organizes group or class within their respective health units.
Article 48 (1) the protection of children in difficult situations is made in accordance with the law.
(2) the establishment of specific activities and educational content, teaching methodologies, training, training and advanced training of staff responsible for literacy and education within the centres placement and receipt of the child, within the specialized public service for child protection, within the competence of the Ministry of education, research and innovation.
Article 49 (1) counties and in Bucharest works centers or offices of pedagogical assistance; They provide guidance for school and work and professional development.
(2) Regulation of functioning of those 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, teachers House works created by school inspectorate.
(2) the structure and powers of the House of teachers shall be determined by regulation, drafted by the Ministry of education, research and innovation.
Post-secondary Education Chapter VIII, Article 51 (1) post-secondary Education is organized by the State Ministry of education, research and innovation on its own initiative, at the recommendation of local public administration authorities or economic operators and other institutions interested in the ways of organizing day, evening and distance.
(2) Classification of the fields and qualifications shall be determined by the Ministry of education, research and innovation, on the basis of proposals from stakeholders, validated by the sectoral committees, and are approved by decision of the Government.
(3) preparation through post-secondary education is carried out on the basis of vocational training standards approved by the Ministry of education, research and innovation in consultation with the social partners and their validation by the sectoral committees. Training standards, which specify the skill level, shall, as a rule, on the basis of occupational standards validated by sectoral committees.
(4) Schools are schools of post-secondary instructors.
5. post-secondary Education for a term of 1-3 years, depending on the complexity of the qualification and the level of preparation of students.
(6) the post-secondary education Schooling in the State, organized at the initiative of the Ministry of education, research and innovation, is financed through the local budgets of administrative-territorial units, with a breakdown of the amounts of some of the State budget revenues and other revenues of local budgets. Schooling can be financed by the applicants, individuals or legal entities, by contract with educational unit which provides schooling.
(7) the figure of the corresponding tuition post-secondary education by the State shall be determined annually by the Government upon the proposal of the Ministry of education, research and innovation, in consultation with stakeholders.
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Art. 51 was amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 128 of 12 November 2007, published in MONITORUL OFICIAL nr. 776 on November 15, 2007.
Article 52 (1) admission to the post-secondary education is carried out in accordance with the general criteria laid down by the Ministry of education, research and innovation, based on a methodology developed by the educational unit, in consultation with stakeholders.
(2) are entitled to enroll in post-secondary education under the conditions of paragraph 1. (1) high school graduates, with or without a baccalaureate degree.
(3) the number of jobs for post-secondary education funded by the applicants, whether natural or legal persons, approved by the school inspectorate and shall be notified to the Ministry of education, research and innovation.
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Alin. (3) art. 52 was amended by paragraph 2 of article 9. From the EMERGENCY ORDINANCE nr. 128 of 12 November 2007, published in MONITORUL OFICIAL nr. 776 on November 15, 2007.
Article 53 (1) post-secondary Education ends with the graduation exam, the Ministry of education, research and innovation through specific methodology, developed in consultation with stakeholders.
(2) an examination for graduation for entitlement to obtain a certificate of professional competence.
(3) in the case of nepromovarii the examination for graduation, this may also be claimed in any other session, with costs for the graduates.
Article 54 of the Government shall be determined on an annual basis, concerning State oblibaţiile post-secondary education.
Chapter IX higher education Article 55 (1) higher education is carried out by educational institutions: universities, institutes, academies and schools for postgraduate studies.
(2) the Mission of higher education institutions is education and research or education only.
Article 56-----------. (1) of article 1. 56 has been repealed by article 16. 39 from EMERGENCY ORDINANCE nr. 75 of 12 July 2005, published in Official Gazette No. 642 of July 20, 2005.
(2) the establishment and functioning of colleges, faculties and undergraduate courses are made according to the law.
(3) the establishment of University departments are approved by University Senates.
(4) the setting up of University departments in the preparation of teaching staff shall be approved by the Ministry of education, research and innovation, on a proposal from the Senate.
Section 1 organisation of university education — — — — — — — — — — — — — — Art. 57 was repealed by article. 20 of law No. 288 of 24 June 2004, published in Official Gazette No. 614 of 7 July 2004.
Article 58 (1) higher education is free of charge for tuition figure approved annually by the Government, and the duty, in accordance with the law.
(2) in university education free state charges are for: overcoming the period of tuition provided by law, admissions, registration, re-registration, repeating the examinations and other forms of verification, which go beyond the provisions of the plans. Also, charges may be applicable and for activities not included in the plan, in accordance with the methodology approved by the University Senate.
(3) the amount of taxes and exemption from payment thereof shall be determined by University Senates.
Article 59 (1) can participate in the admission in university education high school graduates with baccalaureate degree. The Organization of acceptance within the competence of each institution of higher education, on the basis of the general criteria established by the Ministry of education, research and innovation. Admission may be issued in two sessions.
(2) High School Graduates with baccalaureate degree who have obtained in one of the last 4 years of study at the school Olympics International Awards, artistic and sporting competitions of world level, Olympic, continental, or have the right to enroll in university education without the support of the acceptance.
— — — — — — — — — — — —-. (2) of article 9. 59 was amended by section 1 of article in law No. 34 of 11 March 2004, published in Official Gazette No. 239 of 18 March 2004, amending section 1 of article. From the EMERGENCY ORDINANCE nr. 68 of 14 august 2003, published in Official Gazette No. 590 of 19 august 2003.
(3) High School Graduates with baccalaureate degree who have obtained at least one of the last two years of study at the school, awards, artistic or sporting competitions, national level or by groups of countries can be admitted into university education, in accordance with the general criteria laid down by the Ministry of education, research and innovation and specific criteria developed by University Senates.
(4) In higher education State conditions of admission, tuition and network figures are made public at least six months before the start of the academic year.
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Alin. (5) article. 59 was removed by repealing paragraph 4 of article in EMERGENCY ORDINANCE No. 130 of 30 June 2000, published in MONITORUL OFICIAL nr. 306 of 4 July 2000 by law No. 98 of 26 March 2001, published in MONITORUL OFICIAL nr. 157 of 29 March 2001.
— — — — — — — — — — — — — —-C.T.C.E. NOTE: *) in accordance with paragraph 17 of the annex to the EMERGENCY ORDINANCE nr. 295 of 30 December 2000, published in MONITORUL OFICIAL nr. 707 of 30 December 2000, on 1 January 2001, adjourn the application of EMERGENCY ORDINANCE No. 130 of 30 June 2000 located in legislative procedure, pending the adoption of the law on approval or rejection by Parliament. During this suspension applies to regulations in matter existing at the date of coming into force of this Act.
Law No. 98 of 26 March 2001, published in MONITORUL OFICIAL nr. 157 of 29 March 2001, was approved with modifications by the EMERGENCY ORDINANCE nr. 130 of 30 June 2000, published in MONITORUL OFICIAL nr. 306 of 4 July 2000.
Article 60 (1) benefitting may be in the following forms: full-time day, part-time and distance learning. Forms of education evening classes with low recventa and distance learning can be organised by higher education institutions that have courses.
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Alin. (2) of article 9. 60 was repealed by article. 20 of law No. 288 of 24 June 2004, published in Official Gazette No. 614 of 7 July 2004.
(3) the diplomas and certificates of studies issued by higher education institutions, in accordance with the law, for the same specialization are equivalent, regardless of the form of graduate education.
(4) the classification of groups of courses and specializations is 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 assessment and accreditation of higher education institutions and other stakeholders.
(5) with Bachelor degree Graduates may pursue a second specialisation, in the conditions laid down in the Charter of the University.
(6) Graduates with post-graduate diploma colleges may follow you a second specialization within the University education short term, under the terms laid down in the Charter of the University.
Article 61 (1) institutions of higher education may be enrolled foreign students and, in accordance with the legal provisions.
(2) foreigners who are studying in Romania in higher education by the State, except those who receive scholarships from the State, paying tuition fees is set annually by the Government.
Section 2 of the University education of short duration — — — — — — — — — — — — — Art. 62 was repealed by article. 20 of law No. 288 of 24 June 2004, published in Official Gazette No. 614 of 7 July 2004.
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Art. 63 was repealed by article. 20 of law No. 288 of 24 June 2004, published in Official Gazette No. 614 of 7 July 2004.
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Art. 64 was repealed by article. 20 of law No. 288 of 24 June 2004, published in Official Gazette No. 614 of 7 July 2004.
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Art. 65 has been repealed by article 16. 20 of law No. 288 of 24 June 2004, published in Official Gazette No. 614 of 7 July 2004.
Section 3 of the University education of long duration Article 66 long university education is conducted in universities, institutes and academies, with faculties and specializations approved or accredited.
Article 67 (1) period of study courses in higher education is long-lasting, depending on the profile of 4-6 years and is established by decision of the Government. Modification of the duration of the studies can be done only from the first year.
(2) Studies in university education lasting ends with examination or diploma. The general criteria for organizing the exam and diploma shall be determined by the Ministry of education, research and innovation, and their contents and specific criteria, by University Senates.
(3) Graduates who have passed the examination shall receive the title of Licentiate licence in the specialisation and profile.
(4) which do not have Graduates passed the examination or diploma they receive, on request, a certificate of studies lasting and copy on the serial. They may also support licensing exam or degree in any other session, with the costs of the examination set by the University Senate. Higher education institutions can organize special courses, according to art. 58, for graduates of other own times of higher education institutions, with a view to preparing for the exam, the respective diploma.
(5) the title of the diploma of Bachelor's degree is set 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 ends, as appropriate, with the diploma exam.
(7) Graduates who promoted this exam receive a degree in the specialization title followed in accordance with international standards.
(8) the diplomas awarded by the institutions of university education lasting until the year 1999 inclusive are equivalent to the diplomas obtained following promotion exam license diploma respectively.
Article 68 (1) Students and graduates who opt for the teaching profession are required to graduate courses organized by the Department for the preparation of teachers.
(2) Departments for the preparation of teachers work in institutions of higher education, regulation, and have distinct educational plans, approved by the University Senate.
(3) preparing students, referred to in paragraph 1. (1) and (2) shall be carried out under the optional teaching activities.
Learning plans are integrated into the Department's plans for the education of the graduate's profile.
(4) the Department for the preparation of Graduate teachers shall be issued graduation certificates, which are skills to work as teachers.
(5) University education Graduates can practise education only if they have obtained the certificate mentioned in paragraph 1 for graduation. (4) preparation, or if performed pursuant to paragraph 4. (1) in the first three years of employment.
Article 69 clinical medical education Activities higher education is organized in public bathrooms, which belong to the Ministry of health and other ministries with own sanitary network. Methodology of organization and conduct of such activities shall be compiled by the Ministry of education, research and innovation and the Ministry of health.
Section 4 of the postgraduate in article 70 (1) postgraduate specialization in this field ensure expansion and improvement or training attested by the diploma obtained upon completion of University studies.
(2) the postgraduate in higher education institutions and in postgraduate schools, accredited for this purpose, and is performed by: graduate, masters, postgraduate, doctoral academic studies, postgraduate specialization and postgraduate training courses.
(3) accredited higher education institutions that are subject to institutional assessment periodically, shall be entitled to organise the undergraduate master's degree by decisions of the University Senate. Master studies can be organised in the fields of undergraduate as well as in other areas determined by order of the Minister.
— — — — — — — — — — — —-. (3) art. 70 was amended by section 1 of article in law No. 250 of 30 June 2009 published in Official Gazette No. 462 of 3 July 2009 amending section 1 of article in EMERGENCY ORDINANCE No. 89 of 24 June 2008, published in MONITORUL OFICIAL nr. 480 of 30 June 2008.
(4) the master's Programmes field shall be considered approved if at least a Masters program in that field is accredited. The deadline by which the universities currently offering masters degrees in a field must accredit at least a Masters program in that field is 1 October 2011. After this date may be arranged only masters studies in areas where it has been accredited in advance at least a Masters program.
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Paragraphs 1 and 2. (4) article. 70 was introduced by section 2 of article in law No. 250 of 30 June 2009 published in Official Gazette No. 462 of 3 July 2009, which complements article in EMERGENCY ORDINANCE No. 89 of 24 June 2008, published in MONITORUL OFICIAL nr. 480 of 30 June 2008, with 1 ^ 1.
(5) the date of entry into force of the law of this emergency Ordinance, a master study programme can be set up and can only work if the University has licensed teachers with the title of Professor or Associate Professor, for at least half of the related disciplines of the programme.
— — — — — — — — — — — —-. (5) article. 70 was introduced by section 2 of article in law No. 250 of 30 June 2009 published in Official Gazette No. 462 of 3 July 2009, which complements article in EMERGENCY ORDINANCE No. 89 of 24 June 2008, published in MONITORUL OFICIAL nr. 480 of 30 June 2008, with 1 ^ 1.
(6) higher education institutions which do not comply with the provisions of this article shall lose the right to hold Masters degree programs in fields with non-conformity and receive diplomas from the Ministry of education, research and innovation.
— — — — — — — — — — — —-. (6) article. 70 was introduced by section 2 of article in law No. 250 of 30 June 2009 published in Official Gazette No. 462 of 3 July 2009, which complements article in EMERGENCY ORDINANCE No. 89 of 24 June 2008, published in MONITORUL OFICIAL nr. 480 of 30 June 2008, with 1 ^ 1.
Article 71 (1) admission to the postgraduate exam, except it is done on the basis of general criteria approved by the Ministry of education, research and innovation and specific criteria approved by the Senate, the institution of higher education.
(2) the admission to doctoral studies, organizing and holding it regulates the Government's decision.
(3) the number of places for postgraduate education is established by: (a) the Ministry of education), research and innovation, financed from the State budget;
University Senates, b) for those supported by taxes or by other extrabudgetary sources.
Article 72 (1) in-depth Studies have duration of two or three semesters and is being done in the field of specialization of the diploma obtained upon completion of University studies.
(2) in-depth Studies ends with a dissertation.
Graduates receive a diploma of advanced studies.
(3) the students admission to advanced specialty places financed by the State budget for the benefit of the free trials, as well as scholarship, in accordance with the law.
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Alin. (4) article. 72 was repealed by article. 20 of law No. 288 of 24 June 2004, published in Official Gazette No. 614 of 7 July 2004.
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Alin. (5) article. 72 was repealed by article. 20 of law No. 288 of 24 June 2004, published in Official Gazette No. 614 of 7 July 2004.
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Alin. (6) article. 72 was repealed by article. 20 of law No. 288 of 24 June 2004, published in Official Gazette No. 614 of 7 July 2004.
Article 73 — — — — — — — — — — — — —-. (1) of article 1. 73 was repealed by article. 20 of law No. 288 of 24 June 2004, published in Official Gazette No. 614 of 7 July 2004.
(2) have the right to participate in the competition for admission to Ph.d. graduates with diploma education graduate.
(3) heads of PhD holders can be professors, associates or consultants times academics, having obtained his doctorate. The right to drive is the nominal National Council approved the accreditation of the titles, diplomas and certificates, upon the proposal of the host institutions, and is awarded by order of the Minister of education, research and youth.
(4) the Doctorate is organized, with and without frequency, higher education institutions approved by the Ministry of education, research and innovation, on the proposal of the National Council for the accreditation of titles, diplomas and certificates.
(5) a Ph.d. thesis ends with a sustained public and evaluated by a Committee of specialists approved by the Senate by the host institution of higher education. The Commission consists of a President, and leader of three referees, specialists with scientific activity, with the title of doctor in the area, professors, University lecturers, academics, scientific researchers, the main first degree in the country or abroad, of which at least 2 doesn't work in organising institution belonging. For the work of the reviewers are paid officials filed according to rules laid down by the Ministry of education, research and innovation.
(6) the scientific Title of doctor shall be paid by the host institution and shall confirm the accreditation of the National Council of titles, diplomas and certificates, upon the proposal of the specialized commissions. On the basis of the order of the Ministry of education, research and youth organizing institution issues the diploma of doctor.
Article 74 (1) Schools of Postgraduate academic studies, organized as independent institutions in the country or abroad, offers training programs lasting 2-4 semesters, in the form of education or part-time, with a view to enlargement and improvement training attested by the diploma of University studies.
(2) the studies shall be completed with the support of dissertations. Graduates receive diploma of Postgraduate academic studies.
Article 75 (1) post-graduate specialization may be followed by graduates with diploma obtained upon completion of studies. The period of study, the curriculum and method of completion shall be approved by University Senates.
(2) graduates are issued postgraduate diploma of specialisation.
Article 76 (1) postgraduate training Courses can be followed by graduates with diploma education graduate short or long term. The duration of the courses, the training program and the method of completion of studies is approved by the University Senate.
(2) teaching staff with Bachelors of short or long duration in pre-university education attend regular post-graduate training of specialized training, psycho-pedagogical and methodical, in accordance with the rules laid down by the Ministry of education, research and innovation.
(3) the postgraduate training courses Graduates receive graduation certificate.
Article 77 to organize training activities for postgraduate training. 74 higher education institutions may be associated with similar institutions and economic agents in the country or abroad. In this case the structure of studies, organizational structures and their mode of functioning and funding is approved by the Ministry of education, research and innovation, at the proposal of the higher education institution initiator.
Article 78 (1) postgraduate is supported through fees or other sources, with exceptions provided by law.
(2) State Scholarships in postgraduate education are obtained through the contest.
Postgraduate medical Education article 79 are organized into specific forms established by Decree of the Cabinet of Ministers, on a proposal from the Ministry of education, research and innovation and the Ministry of health.
Section 5 of the scientific research in higher education Article 80 (1) higher education institutions can organize activities of research, development and innovation, artistic creation, design, consultancy, expertise, other services and activities of specific production or creation, within their departments, units or personnel in their own research and production, including through collaboration with educational institutions and research or other legal persons of the country abroad.
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Alin. (2) of article 9. 80 it was repealed by section 2 of article in EMERGENCY ORDINANCE No. 89 of 24 June 2008, published in MONITORUL OFICIAL nr. 480 of 30 June 2008.
(3) research and Development Units and the innovation, design, consultancy, expertise, production, creative and service is set up with the approval of the Senate of the University. They may have legal personality and are part of the Ministry of education, research and innovation.
(4) the departments, units and departments for research and development and innovation, design, consultancy, expertise, creative, production and services are assigned with teaching staff, technical and research staff, administrative staff and other research, as appropriate.
(5) students may participate in Uman contracts and innovation of the departments, chairs and laboratories, as well as the production and service activities in workshops or production units, of creation and service of the institution of higher education, being remunerated in accordance with the legislation in force.
(6) the Organization and conduct of activities referred to in paragraph 1. (1) as well as the operation of establishments referred to in paragraph 1. (3) shall be determined by regulations approved by the University Senate.
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Art. 80 was amended by section 2 of article in law No. 2 of January 9, 2008, published in MONITORUL OFICIAL nr. 21 of January 11, 2008.
Article 81
(1) fundamental scientific research programs, as well as other special interest programs are funded on the basis of contracts, from funds allocated annually directly Ministry of education, research and innovation, from the State budget, separate financing of educational process. Financing contracts research is done in a competitive manner, on the basis of the assessment made by the National Council of scientific research.
(2) research in advanced technological research activities as well as its design, consultancy, expertise, other than having to have the Ministry of education, research and innovation, are financed on the basis of contracts concluded directly with the beneficiaries of research or of their respective activities, funds from the State budget and from special research fund, allocated to other ministries, as well as from other sources.
(3) in the case of funding or grants, concluded between the National Agency for science, technology and innovation), on the one hand, and the units referred to in article 1. 80 para. (1), (2) and (7), on the other hand, the results of such research belong to executanţilor.
— — — — — — — — — — — — — — *) In accordance with the provisions of art. 6 of the Emergency Ordinance of Government No. 56/1998, published in the Official Gazette of Romania, part I, no. 515 of 30 December 1998 and approved by law No. 157/1999, former Minister of Research tasks and technology were taken over by the National Agency for science, technology and innovation.
(4) the activity of scientific research conducted in the research institutes of the Ministry of education, research and innovation is funded from the State budget, for programs required by this Ministry, and from other sources for the programs of third parties.
Article 82 (1) the income of higher education institutions from research and development activities and innovation, of artistic creation, design, or consulting expertise and contracts for other teaching or scientific services, production and services, you can highlight in separate accounts from commercial banks, under the present law.
(2) of the revenue referred to in paragraph 1. (1) the following categories may finance expenditure, having as object: development of materials for teaching, research, manufacturing and services, as well as for paying staff in these activities, fellowships and research training, information and documentation, fees for participation as a member in the bodies, organizations and specialized institutions, organizing and/or participating in cultural events-domestic and international scientific book, teaching and editing.
(3) own revenue made and unused at the end with the same destination over the next year.
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Art. 82 was amended by section 3 of article in law No. 2 of January 9, 2008, published in MONITORUL OFICIAL nr. 21 of January 11, 2008.
Section 6 the structure of higher education institutions in article 83 higher educational institution shall, as a rule, several colleges, University colleges, departments, chairs, scientific research, design and microproductie.
Article 84 (1) Faculty represents the basic functional unit of the institution of higher education and has one or more component sections. The Faculty is organised on the departments and chairs. Teaching activity in the Faculty is carried out on years of education, number of sessions, groups and subgroups.
(2) the faculties are individualized, by: a) conditions of admission and graduation;
b) degree programs;
c) specialisation areas.
(3) the Faculty comprises teaching staff and students, scientific researchers and engineers, support staff and administration.
Article 85 University College is the functional reporting to the institution of higher education or faculty.
Article 86 the Department constitute a structure subordinated to the higher education institution or, as appropriate, faculty, teaching positions, having scientific research, design and production. Organization and operation of the departments are established by University Senates.
Article 87 the Department is a structural unit of the faculty or, where appropriate, of the Department, which carries out educational activities and research. The Department comprises teaching staff and, where appropriate, research personnel, and auxiliary design of a discipline or from a family of disciplines.
Article 88 (1) higher education institutions or their components shall have the right to organize and to manage units and research centres, centres for the preparation of human resources, production units, i.e. microproductie, the experimental batches or institutional structures, either alone or in collaboration with legal entities.
(2) institutions of higher education have the right to organize, in cooperation with similar institutions in the country and abroad, education programs and University graduate, according to the methodology established by the Ministry of education, research and innovation.
Section 7-the academic Autonomy Article 89 (1) Academic Autonomy consists in the right University community to drive, to exercise their academic freedoms without any kind of interference with its ideological, political or religious, to assume an overall competence and obligations in accordance with the guidelines and the national strategic options of development of higher education, established by law.
(2) Academic Autonomy correlates with the principle of personal liability and public for the quality of the entire teaching activities and scientific research that it carries such institution of higher education.
Article 90 (1) the community is made up of University teaching staff, teaching staff and auxiliary personnel, scientific research, design, as well as those who study in the respective institution.
(2) Academic Community uses in its work of the administrative staff.
Article 91 (1) the academic Space is composed of the totality of buildings, lands, University campuses, facilities of any kind and any destination, used by the higher educational institution, regardless of legal title under which it is entitled to use them.
(2) exception from paragraph 1. (1) the spaces and related facilities belonging to the Ministry of health and the ministries of health, with its own network in higher medical education.
Article 92 (1) of Assembly rights and obligations, and the rules that regulate the life of the University community in the University's own universities are included in the Charter of the institution of higher education, adopted by the University Senate, according to the law.
(2) Academic Autonomy concerns the fields of leadership, and actions of the institution, officials of teaching or scientific research, administration and funding of.
(3) Academic Autonomy is achieved mainly through: a) the establishment of the internal structure of higher education institution, in accordance with the law;
b) scheduling, organizing, conducting and elimination process of perfectio education; the establishment of educational plans and syllabuses in keeping with national standards and strategies of development of higher education; Organization admission candidates to study and define the criteria for the evaluation of the academic and professional performance of students;
c) design, organization and establishment of postgraduate education, confirmed by study programmes accreditation; establishing, together with the Ministry of education, research and innovation and other economic agents, public authorities, employers ' and professional organizations nationally recognized, areas in which it uses its own diplomas and certificates issued;
d selection and promotion) teachers of other times staff employed, as well as establishing the criteria for the review of teaching and scientific activity; the granting of titles of scientific and educational grants, according to the law;
(e) Organization of scientific research) and of the documentation; organizing activities for editing and printing; organising audiovisual activities; the establishment of cooperation programs with other institutions of higher education and research in the country and abroad;
f) eligibility to all leading bodies by secret ballot;
g) establishing financial and material necessity; the use of the funds and their management, in compliance with the legal provisions; finding and fixing of additional sources of income; Organization and control of economic-household services;
h) solving social University communities; the granting of scholarships for study and research, including those arising from own funds;
I) to organize events and activities scientific, cultural and sports;
(j) establishment of foundations), in accordance with the law; the establishment and use of appropriate signage and symbols;
k) ensuring order and discipline in the academic space.
(4) The financial autonomy of universities is carried out as management, law and personal liability, the funds allocated from the State budget or from other sources, including revenue from fees in foreign students and foreign students, according to the criteria set out in 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; the governing bodies shall be elected by secret ballot, in accordance with the Charter, for periods of four years.
(2) the bodies, with the exception of the President, confirmed by the Senate. The Rector is elected by the Senate and confirmed by order of the Minister of education, research and youth. No person shall occupy the position of Dean or rector more than two successive mandates. The Rector may be removed from Office by the University Senate under the same procedure used for the nomination.
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Alin. (2) of article 9. 93 was amended by paragraph 4 of article in law No. 2 of January 9, 2008, published in MONITORUL OFICIAL nr. 21 of January 11, 2008.
(3) the Minister of education, research and youth may suspend him from Office for reasons justified the Rector of an institution of higher education, State or private, accredited. Judgment of revocation or maintenance according to the Rector shall be taken by the University Senate, no later than 30 days from the date of communication of the order of suspension.
Article 94 (1) The University Senates and councils graduate students are represented in proportions of a quarter of the members of these councils and the senate, under the conditions established by Charter of the University.
(2) the protection of members of the University community in professional activity and in the academic space is entered in the University Charter. Exceptions to academic ethics and analyzing are solved at the level of faculties and councils of the Senate.
(3) the members of the University community are obliged to respect the internal regulations of the institution of higher education, established in accordance with the Charter of the University.
Article 95 academic Space is inviolable. The academic space is allowed only in the conditions established by law or by a University Charter.
Article 96 nationwide academic autonomy is manifested through the direct relationship of the Rector of the institution of higher education with the Ministry of education, research and innovation and through the election of representatives of the professional bodies of the institution, in accordance with the law.
Chapter X of the military Education and education of the public order and security — — — — — — — — — — — — — — the title Head. X of title II has been amended by paragraph 4 of art. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
Article 97 (1) military Education and education of order and public security of the State, education is an integral part of the national system of education, and secondary education, including post-secondary education for the formation of subofiterilor/beer, soldiers and police agents, University education for training officers, police officers and other specialists, post-graduate education.
(2) improvement of training military and police personnel in educational institutions.
(3) the provisions relating to military education and education of order and public security undergraduate apply properly and pre-university education in the field of transport.
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Art. 97 was amended by section 5 of art. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
Article 98 organizational structure, profiles, specialties, annual tuition figures, criteria for the selection of candidates for military education and education of the public order and security are established by the Ministry of National Defense, the Ministry of administration and Interior, Ministry of Justice and Freedoms, service information and other institutions involved in the field of defence, public order and national security, according to the specifics of each weapon , specializations, level and form of organization of education, with the opinion of the Ministry of education, research and innovation.
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Art. 98 was amended by section 6 of article. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
Article 99 the plans of education for post-secondary education and higher education, military, public order and security, is elaborated by the Ministry of national defense, the Ministry of administration and Interior, Ministry of Justice and Freedoms, service information and other institutions involved in the field of defence, public order and national security, and it approves of the Ministry of education, research and innovation.
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Art. 99 was amended by point 7 of article. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
Article 100 graduation Certificates and professional competence, namely the graduation diplomas and license issued by educational institutions and military education of order and public security, as well as scientific titles obtained legally entitle the holders, after termination of utility service in the field of defence, public order and national security, according to the law, the comparability of studies and diplomas to those of civil education institutions graduates with close profile , of the same level.
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Art. 100 was amended by section 8 of article. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
Article 101 the educational Process in educational institutions and units, as well as in the public order and security at all levels taking place in Romanian language. Entry into these units and institutions can be held and the language of national minorities.
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Art. 101 has been changed by point 9 of article. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
For the application of the provisions of article 102 of this law to the specific military education and education of order and public security, the Ministry of national defense, the Ministry of administration and Interior, Ministry of Justice and Freedoms, service information and other institutions involved in the field of defence, public order and national security can issue orders, regulations and instructions.
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Art. 102 was amended by paragraph 10 of article 10. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
Chapter XI private Education Article 103 (1) private Education encompasses both primary education and university education.
— — — — — — — — — —-. (1) of article 1. 103 was changed by section 1 of article in law No. 480 of 19 December 2006, published in MONITORUL OFICIAL nr. 1,025 of 22 December 2006.
(2) educational institutions and private accredited units are part of the national system of education and education and are subject to the provisions of this law.
(3) educational institutions and private units have the organizational and functional autonomy in accordance with the legal regulations governing the Organization and functioning of the education system.
(4) institutions and private education units accredited can be supported by the State.
Article 104 private Education work according to the law, if: a) is organized and operates on the principle of non-profit;
b) is organized on a non-discriminatory principles and reject the ideas, trends and attitudes of anti-democratic, racist and xenophobic, sovine;
(c) national standards).
Article 105 (1) private Education pre-university organizes and operates with the same levels and under the same kinds of educational establishments as State preuniversity education.
(2) Kindergartens, primary schools and secondary schools, as well as arts and crafts can be set up with the authorization of the School Inspectorate, on the basis of the evaluation documentation.
(3) high schools, including those that involve the year of completion, as well as post-secondary schools can be set up with the approval of the school inspectorate and the Ministry of education, research and innovation, on the basis of the evaluation documentation.
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Art. 105 was amended item 36 of article 1. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 106 (1) evaluation criteria for private education pre-university education refers to the fundamental areas of organisation and functioning: teaching staff, content, material basis and financial activity.
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Alin. (2) of article 9. 106 was repealed by article. 39 from EMERGENCY ORDINANCE nr. 75 of 12 July 2005, published in Official Gazette No. 642 of July 20, 2005.
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Art. 107 has been repealed by article 16. 39 from EMERGENCY ORDINANCE nr. 75 of 12 July 2005, published in Official Gazette No. 642 of July 20, 2005.
Article 108 (1) In private education, pre-university applies similar plans or State education alternatives, which include the compulsory subjects, optional and voluntary, national standards.
(2) the syllabuses of subjects must meet the same requirements as the education plans.
(3) For private education, pre-university education plans and programmes, or similar State education alternatives, are approved by the Ministry of education, research and innovation.
Article 109 In private education, pre-university study formations (classes, groups, subgroups) may not exceed the numerical limits.
Article 110 (1) In private education, pre-university teaching posts deals under the staff regulations.
(2) teachers in private education preschool and primary must have basic rule in that unit.
(3) private secondary education, at least 40% of the teaching staff must be framed with the norm in that unit.
— — — — — — — — — — — —-. (3) art. 110 was amended item 38 of article. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
(4) For private post-secondary education at least 50% of the posts established in accordance with the legal provisions, must be covered with teaching staff employed with the norm in that unit.
(5) teaching staff education driving privacy must be employed with the basic rule in the education that meets the requirements of the Statute and the teachers employment driving functions.
Article 111 the diplomas or certificates awarded by private education units, established according to the present law, have value and produce the effects of studies issued in public education, if graduation examinations were held in front of committees appointed in accordance with the provisions laid down by law.
Article 112 students in particular may be transferred to other State educational establishments or, with the consent of the unit and under the conditions laid down by the Ministry of education, research and innovation.
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Art. 113 was repealed by article. 39 from EMERGENCY ORDINANCE nr. 75 of 12 July 2005, published in Official Gazette No. 642 of July 20, 2005.
Article 114 In private education tuition fees shall be determined by each institution or education unit, in accordance with the law.
Article 115 (1) the material basis of the institutions and private educational establishments must meet the standards in the conduct of an instructive-educational process quality: appropriate educational process spaces, owned or rented; laboratories with the appropriate equipment for one year in advance of the year trained; the library has its own books, appropriate content subjects and their level.
(2) to obtain the accreditation institution or education unit that must prove that the provisional operation period used at least 25% of the investment income on the basis of its own material.
(3) After two cycles of subsequent accreditation institution tuition or education unit must prove that owns property in at least 50% of the schools and that in all previous period of use at least 25% of revenue for the investment material basis.
(4) in the pre-university private and confessional, the Faculty Council of the respective unit of the Education Department will decide on the maintenance of staff in teaching activity or management after retirement age laid down by law.
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Alin. (4) article. 115 was introduced by section 1 of article. 1 of law No. 160 of 6 June 2007, published in MONITORUL OFICIAL nr. 394 of 12 June 2007.
(5) educational establishments of Heritage private and denominational primary is private property of the founders.
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Alin. (5) article. 115 was introduced by section 1 of article. 1 of law No. 160 of 6 June 2007, published in MONITORUL OFICIAL nr. 394 of 12 June 2007.
Article 116 institutions and private education units are subject to assessment and monitoring, in accordance with the law.
Article 116 ^ 1 (1) private Universities are institutions of higher education, open, autonomous from both academic and economic-financial, having underpinned private property, guaranteed by the Constitution).
(2) private Universities are founded on the initiative and with the financial and material resources of an individual, group of individuals, foundations, associations, religious or any other provider of education, in accordance with the law.
(3) For the recognition and operation of their institutions of higher education must go through stages of approval and accreditation provided for in national and European legislation in the field of higher education. The establishment of private universities is done by law.
(4) the dissolution or abolition of private universities can be made and the proposal of the founders, addressed to the Ministry of education, research and innovation, in accordance with the law.
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Art. 116 ^ 1 was introduced by section 2 of article in law No. 480 of 19 December 2006, published in MONITORUL OFICIAL nr. 1,025 of 22 December 2006.
— — — — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: by decision of the CONSTITUTIONAL COURT No. 731 of 7 May 2009, published in MONITORUL OFICIAL nr. 395 of 11 June 2009, and by decision No. 732 of 7 May 2009, published in MONITORUL OFICIAL nr. 398 of 11 June 2009, was the exception of unconstitutionality of the provisions of art. 72 para. (5) of law No. 128/1997 concerning the status of teachers are finding that these provisions are unconstitutional, insofar as the provisions of article 4. 116 ^ 1 (1). (1) and art. 116 ^ 2 (2). (1) of the Education Act No. 84/1995, which in turn are unconstitutional.
According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional have been suspended.
In conclusion, in the range of 11 June 2009-26 July 2009 article 116 ^ 1 (1). (1) is suspended by operation of law, having ceased legal effect as of July 27, 2009, as the legislature did not intervene for modification.
Article 116 ^ 2 (1) the structures and functions of the private universities, the powers, the Constitution, the duration of mandates and age limits of the teaching staff are laid down in the Charter of the University. Final decisions in this respect, the incumbent University *).
(2) private Universities may set up the Office of President of the University, authorising officer, with duties set forth in the Charter of the University.
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Art. 116 ^ 2 was introduced by section 2 of article in law No. 480 of 19 December 2006, published in MONITORUL OFICIAL nr. 1,025 of 22 December 2006.
— — — — — — — — — — — — — — *) Note C.T.C.E. S.A. Piatra Neamt: by decision of the CONSTITUTIONAL COURT No. 731 of 7 May 2009, published in MONITORUL OFICIAL nr. 395 of 11 June 2009, and by decision No. 732 of 7 May 2009, published in MONITORUL OFICIAL nr. 398 of 11 June 2009, was the exception of unconstitutionality of the provisions of art. 72 para. (5) of law No. 128/1997 concerning the status of teachers are finding that these provisions are unconstitutional, insofar as the provisions of article 4. 116 ^ 1 (1). (1) and art. 116 ^ 2 (2). (1) of the Education Act No. 84/1995, which in turn are unconstitutional.
According to art. 147 paragraph 1. (1) of the Constitution of ROMANIA republished in Official Gazette No. 767 from 31 October 2003 the provisions of laws and ordinances in force and those of the regulations, established as unconstitutional, ceases its legal effect in 45 days after the publication of the decision to the Constitutional Court if, in the meantime, the Parliament or the Government, if necessary, they do not agree with the terms of the Constitution unconstitutional provisions. During this period, provisions recorded as unconstitutional shall be suspended.
In conclusion, in the range of 11 June 2009-26 July 2009 article 116 ^ 2 (2). (1) is suspended by operation of law, having ceased legal effect as of July 27, 2009, as the legislature did not intervene for modification.
Article 116 ^ 3 (1) private universities Heritage consists of starting capital of founders, plus heritage acquired later. It is composed of movable and immovable property and of claims.
(2) the assets of private universities is their private property, which is available freely. In the case of transfer of property of the University, the counterpart of their returns.
(3) in the event of dissolution or winding up, liquidation, the assets of the private University, established by law, shall be the responsibility of the founders.
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Art. 116 ^ 3 was introduced by section 2 of article in law No. 480 of 19 December 2006, published in MONITORUL OFICIAL nr. 1,025 of 22 December 2006.
Article 116 ^ 4 universities funding sources are composed of sums deposited funds, taxes and other fees study school of public funding and private donations, sponsorships, and other similar legally established sources.
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Art. ^ 116 4 was introduced by section 2 of article in law No. 480 of 19 December 2006, published in MONITORUL OFICIAL nr. 1,025 of 22 December 2006.
Article 117 (1) Cooperative Education is conducted in units that are owned by cooperative associations.
(2) cooperative education ensure Financing from own funds from cooperative associations, school fees and other sources.
— — — — — — — — — — — —-. (3) art. 117 was repealed by the point 11 of article 1. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(4) Educational Establishments mandatory cooperative shall be subject to all the provisions, obligations and rights of private education, pre-university schooling.
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Alin. (4) article. 117 was amended by paragraph 2 of article 9. 1 of law No. 160 of 6 June 2007, published in MONITORUL OFICIAL nr. 394 of 12 June 2007.
Chapter XII Education for persons belonging to national minorities in article 118 persons belonging to national minorities have the right to study and to teach in their mother tongue at all levels and forms of education, as well as the types of education for which there is a sufficient demand, according to the law.
Article 119 (1) depending on the local needs can be arranged upon request and in accordance with the law, groups, classes or schools with departments, teaching in the languages of national minorities.
(2) the provisions of paragraphs 1 and 2. (1) shall apply without prejudice to the learning of the official language and teaching in this language.
Article 120 (1) Romanian Language Discipline taught in primary education after school programmes and textbooks developed specifically for that minority. In secondary education the discipline of Romanian language and literature taught after school programs are identical with those for Romanian-language textbooks. In upper secondary education discipline of Romanian language and literature taught after school programmes and textbooks identical to those for classes taught in Romanian language.
(2) primary education with teaching in the languages of national minorities history and geography of Romania are taught in these languages after school programmes and textbooks identical to those for the Romanian language, with toponomiei vaccinations and transcription and the names of Romanian Romanian language own. In secondary education and upper secondary history and geography of Romania are taught in Romanian language, after school programs and manuals which are identical with those for classes taught in Romanian language. Examination of the history and geography of Romania shall be in the language of instruction.
(3) programmes and universal history textbooks and the history of the Romanians will reflect the history and traditions of national minorities from Romania.
(4) in secondary education shall enter, upon request, as a discipline of study, history and traditions of national minorities, with teaching in their mother tongue. Curricula and textbooks to this discipline are approved by the Ministry of education, research and innovation.
Article 121 Students belonging to national minorities who attend educational establishments teaching Romanian language, ensure, upon request and in accordance with the law, as a discipline of study, native language and literature, and the history and traditions of the national minority concerned.
Article 122 In public education school of Arts and crafts and the year of completion, as well as in high schools and post-secondary education, in which, upon request and in accordance with the law, teaching is done in the native language specialty disciplines is mandatory and comprehensive specialized terminology in Romanian language.
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Art. 122 was altered item 38 of article. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 123 (1) educational institutions within the State University can be organized in accordance with the law, on request, groups, departments, colleges and faculties with teaching in the languages of national minorities. In this case it will provide comprehensive and specialized terminology in Romanian language. On request and by law can establish institutions of higher education are multicultural. Teaching languages in institutions of higher education shall be determined under the law of establishment.
(2) recognizes the right of persons belonging to national minorities to establish and administer their own institutions of higher education, according to the law.
(3) It encourages higher education institutions with multicultural structures and ctivitati for promoting harmonious and that interethnic integration at national and european level.
(4) in all forms of education in Romanian language or in the languages of national minorities can enroll and prepare any Romanian citizen, regardless of his or her native language and the language in the previous studies.
Article 124 of the education In all grades and levels of evidence for admission and graduation examinations samples can be backed up in the language of their respective disciplines have been investigated under the law.
Article 125 Ministry of education, research and innovation in language teaching, preparation and professional development of teachers, and school textbooks and other teaching materials.
Article 126 in leading establishments and educational institutions in which there are groups, classes or sections with teaching in the languages of national minorities ensure proportional representation of minorities among teachers, in compliance with professional competence.
Title III chapter I content of pre-university education Article 127 (1) contents of pre-university education is provided through the National Curriculum. The national curriculum is the coherent Assembly of framework plans, educational programmes and school textbooks from pre-university education. This ensemble includes a component commune for all schools of the same type and another component at school.
(2) the framework Plans of education include compulsory subjects, optional and voluntary, and the minimum and maximum number of hours which relates to each of them.
(3) School Programmes to be established for each discipline learning plan objectives and educational and formative training of discipline and highlights the fundamental contents of theoretical, experimental and applied methodological orientations, providing General to achieve them.
Article 128 (1) of the framework Plans of education and school programs for pre-university education is developed for national commissions, being coordinated and approved by the National Council for the Curriculum, and is approved by the Minister of education, research and youth.
(2) The educational units shall be approved schoolbooks uses only the Ministry of education, research and innovation.
(3) educational and vocational units you can use alternative textbooks. The didactic framework is entitled to recommend students for a particular textbook, based on criteria established by the Ministry of education, research and innovation.
(4) the specific objectives of the evaluation of the educational process on every 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, educational plans are developed by faculties or departments, it analyses within their councils, approved by University Senates and it approves of the Ministry of education, research and innovation, in order to be in compliance with national standards. Changing the education plans can be done only from the first year.
(2) the syllabuses are elaborated by the holders of different disciplines and is approved by the Department or Department.
Article 130 depending on the specifics of the faculties and courses, education plans and curricula can be designed and the modular structure.
Chapter III, Article 131 extrascolara Activity (1) the content of training and education at all levels of organisation of education are completed through extracurricular activities.
(2) the extrascolara are organized by schools, clubs, palaces of children and students, county administration of camps, school camps and managements sports bases, tourist and leisure and other units for further activities with the support of family and other stakeholders.
(3) the activities of extracurricular scientific content, have cultural-artistic, humanitarian, ecological, moral, civic, technical and practical, travel, sports, and recreational character.
(4) the National Palace of children and pupils in Bucharest, subordinate to the Ministry of education, research and innovation, as well as palaces from districts, children under school inspectorates, and methodological role for extracurricular activities.
Article 132 (1) the Organization and competences of specialised units in the extrascolara activity shall be established by the 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 the school inspectorates, ensure and monitor the attainment of training and extracurricular education.
— — — — — — — — — — — — C.T.C.E. NOTE S.A. Piatra Neamt:
By decision No. 759 of 3 July 2003, published in Official Gazette No. 497 of 9 July 2003 was established National Agency for Sport. JUDGMENT No. 759 of 3 July 2003, published in Official Gazette No. 497 of 9 July 2003 was repealed by the decision No. 1,721 of 30 December 2008 published in MONITORUL OFICIAL nr. 26 of January 13, 2009 regulating the Organization and functioning of the Ministry of youth and sports.
Chapter IV Education Article 133 to ensure permanent education permanent Ministry of education, research and innovation collaborates with the Ministry of culture, religious affairs and national heritage and other interested ministries and mass media, religious cults, popular universities, cultural foundations, corporations and other institutions, in order to facilitate access to the science and culture of all citizens, regardless of age, with a view to adapting them to major mutations that occur in social life.
Article 134 the Ministry of education, research and innovation, through its units and institutions, grant, contract, specialized assistance to those who organize various training programmes of adults in permanent education system and professional conversion or arrange such programs on their own initiative.
Article 135 (1) legal or natural Persons can be organized within the framework of the system for continuous training, in conjunction with businesses or educational institutions times separately, qualification courses, training and professional conversion of adults, which provides certificates of professional competence recognised on the labour market.
(2) legal persons may organize the courses referred to in paragraph 1. (1) only if they provided in the statute such activities and if they are approved by the Ministry of education, research and innovation and, where appropriate, by the Ministry of labour, family and social welfare or other public authorities, based on evaluation criteria established by the regulation approved by the two ministries, in compliance with occupational standards required by law. Individuals can organize such activities only under the terms of the authorization.
(3) the procedure for the certification of professional competences in the framework of continuos is established by the Ministry of education, research and innovation, together with the Ministry of labour, family and social protection, in accordance with the occupational standards, according to the law.
(4) during the next training courses of professional training the staff of public institutions entitled to basic salary and other additions to it. Where courses are held in another locality than the home, the staff of public institutions these benefits and rights thereof, according to the legal provisions, employees of public institutions in delegation.
Article 136 (1) for the training of adults, as well as for supporting the education system in achieving specific objectives can be organized, with the approval of the Ministry of education, research and youth, educational institutions and networks open or distance learning that utilizes modern technologies of communication and information retrieval.
(2) the expenditure required for the system of education shall be borne by the beneficiaries and other interested institutions.
Chapter V libraries in education Article 137 (1) Into the education system works, as an integral part, a network of specialized libraries: Central University libraries and libraries as institutions with pedagogical, legal personality directly subordinated to the Ministry of education, research and innovation; libraries of institutions of higher education, faculties, colleges, departments, chairs; libraries of teachers houses; school libraries.
(2) the libraries mentioned in paragraph 1. (1) operates on the basis of regulations approved by the Ministry of education, research and innovation.
(3) libraries in education may be organized, 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 that we consider necessary for the study of individual adults.
Article 138 specialized training for libraries is provided by the Ministry of education, research and innovation through university studies of short and long, and its improvement is coordinated by the Ministry of education, research and innovation.
Article 139 coordinating network libraries in the Education Ministry of education, research and innovation.
Title IV, chapter I, Ministry of Education Leadership Education, research and innovation and other national bodies Article 140 (1) the Ministry of education, research and innovation are organized and function according to the law. The Ministry of education, research and innovation, as a body, has the responsibility to design and to implement educational policy, in accordance with art. 2. The Ministry of education, research and innovation has the right of initiative and execution of financial policy and human resources in the field of education and collaborates with other ministries involved in development education.
(2) for the performance of its duties, the Ministry of education, research and innovation constitute the structure of experts and advisory bodies is supported at the national level, comprised of professional prestige and morale: the National Council on Education Reform, the National Council for the accreditation of titles, diplomas and certificates, the National Council for higher education, the National Council for the financing of pre-university education, the National Council of scientific research in higher education , National Council of Libraries, the National Council for continuing education and Training, national committees on discipline and managerial structures of programmes of reform. Councils and their component operation regulations approved by order of the Minister of education, research and youth. In the exercise of its duties, the Ministry of education, research and innovation consulting, as appropriate, national scientific societies of teachers trade union federations representative at the branch level, the associative structures of local public administration authorities, social partners, and student organizations and students, recognized nationally.
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Alin. (2) of article 9. 140 has been changed from point 12 of article 4. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(3) to confirm the titles, diplomas and undergraduate certificates, Ministry of education, research and innovation constitute the National Council for the accreditation of titles, diplomas and certificates. Board members are university professors, prestigious scientific personalities, culturally and morally, recognized nationally or internationally. They are selected on the basis of proposals from the Senate. The Council works according to its own regulations, approved by order of the Minister of education, research and youth.
(4) National Council of Rectors are founded and operates on the basis of their own statutes.
(5) under the Ministry of education, research and innovation work: a) Institute of Education Sciences, Institute of research and development that are active in the field of innovation and the reform of the national system of education;
(b)) and University Sport Federation Cpsp as an autonomous unit with legal personality. Knust and University Sport Federation coordinates the activity of sports associations and school and university sports. Knust and University Sport Federation are affiliates of the international federations of sports school respectively. School and university sports clubs established in accordance with the provisions of art. 40 para. (1) have legal personality and can join federations. Transfer athletes from these clubs is based on the regulations of the federations, according to the transfer regime applied to other sports clubs.
Article 141 the Ministry of education, research and innovation-determines, coordinates and apply national policy in the field of education. For this purpose the following powers: to exercise) coordinates and controls the national system of education;
b) organizes State education network and propose Government tuition figures, based on studies of prognosis, in consultation with educational establishments, local authorities and interested economic agents;
c approves the National Curriculum) and the national system for the assessment, provide and supervise compliance therewith;
d) coordinates the activity of scientific research from education;
e) framework for production assure school textbooks; provide funding for schools to purchase textbooks, according to the law;
f) general criteria for admission is being prepared in higher education;
(g) approve the establishment of elementary schools) and post-secondary schools;
h) approve, according to the law, the regulations on the organisation and functioning of subordinated units, with the exception of higher education institutions;
I) elaborates studies of diagnosis and prognosis in the field of restructuring and modernization of education and contribute to the improvement of the legal framework;
(j) provide the framework for designing), approval and production of means of education;
k) provide organisational framework for the preparation and selection of students with special skills;
l) ensure training of specialized psycho-pedagogical assistance and the children and young people with physical, sensory, mental or associated;
m) explores how to ensure social protection in education and propose appropriate measures to the Government and local authorities empowered;
n) coordinates the activity of University Libraries ' subordination;
a is responsible for the formation and) improvement of teachers;
p) coordinates, according to law, the appointment, transfer, release and record of teaching staff, leadership, guidance and control and auxiliary units from subordinate;
q) provide a breakdown of the National Fund of vocational training, in consultation with stakeholders;
r) is responsible for the evaluation of the national system of education on the basis of national standards;
s) elaborates and apply strategies for reform, medium and long term, of education and of education;
t) elaborates the strategy together with other ministries with other States and with international organizations specializing in the field of education and scientific research;
u) are collaborating on the basis of protocols, with the States living population of Romanian origin or nationality, for the promotion and development of education in their mother tongue;
v) elaborates specific rules for school construction and for equipping them;
w) establishes modalities of recognition and equivalence of diplomas, certificates and titles awarded in scientific research abroad, on the basis of national rules, taking into account the international agreements and conventions;
x) sets out for the State preuniversity education structure of the school year, sessions of examinations, periods of competitions, and school holidays;
y) controls how compliance with the financial rules, budget implementation and administration of the national education system; fees levied in MDL and foreign currency, to cover the costs occasioned by endorsing and acts of recognition, in accordance with the law.
Chapter II the School Inspectorates Article 142 School Inspectorates are decentralised bodies, subordinate to the Ministry of education, research and innovation, having regard mainly to the following tasks: — — — — — — — — — — — — —-Intro Part of art. 142 has been edited by point 40 of the art. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
the watch organization) and the pre-university education network, in accordance with the educational policy at national level;
(b) ensure that legislation) organising, directing and conducting the educational process;
c) ensure quality education and national standards through school inspection;
d) established, with the opinion of the Ministry of education, research and innovation, school of education units: kindergartens, schools, gymnasiums, schools of Arts and crafts;
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Lit. d) art. 142 has been edited by point 40 of the art. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
e) propose the Ministry of education, research and innovation training of their territorial jurisdiction, in accordance with the educational policy, studies of prognosis, after consulting educational establishments, local authorities, economic agents and social partners interested;
f) ensure, together with local public administration authorities, training pupils during compulsory education;
g) coordinates the educational units with framing staff required, in accordance with the provisions of the Statute of teaching staff;
h) organizes and directs the work of the training of teachers, scientific research and complementary actions in pre-university education;
I) coordinates the development and use of database protection, didactic materials in educational units, together with local public authorities;
j) coordinates the organisation of the admission and examinations for graduation from the educational units, and school competitions;
k) controls the activities and services of primary education organized by economic agents, foundations, associations, religious denominations and other legal or natural persons of their territorial jurisdiction; ascertain any violations of legal provisions and shall take the measures provided for by law;
l) coordinates the activity of libraries in educational units subordinated to;
m) coordinates and controls the work of the House staff.
Article 143 (1) the county school inspectorates and the Structure of the municipality of Bucharest is established by order of the Minister of education, research and youth.
(2) the school inspectorates in the counties with the education in the languages of national minorities and are gripped and school inspectors for this education.
(3) Units and related extracurricular pre-university education units are subordinate to the School Inspectorate.
(4) the School Inspectorate has a Board of Directors and an Advisory Council. The Board of Directors consists of 9-11 members, of whom: the inspector general school, knust General inspectors, Deputy Director of the House staff, technical and Administrative Director, Chief Accountant, legal adviser of the school inspectorate and other members. The inspector general is the Chairperson of the CPSP as of the Board of Directors. The Advisory Council is composed of the directors of educational establishments, other prestigious educators, including in higher education, representatives of parents, local administrative authorities, religious communities, ai ai economic agents, and other partners. The Chairman of the Advisory Board is elected, by secret ballot of its members.
(5) the School Inspectorates organizes periodic conferences of the county teachers in pre-university education, specialties, with consultative, participatory role and methodically.
Article 144 (1) CPSP Inspector general, Deputy Inspectors General and Director of the school House teachers are appointed by order of the Minister of education, research and youth, on the basis of criteria of professional competence and management, according to the law.
(2) Inspectors shall be appointed by the school inspector general by dcmc contest, based on criteria of professional and managerial competence, usually over a period of four years, according to the law.
Chapter III institutions and Leadership of schools — — — — — — — — — — — the title Head. III of title IV was amended by section 1 of article. 1 of law No. 296 of 14 November 2008, published in MONITORUL OFICIAL nr. 789 from 25 November 2008.
Article 145 (1) primary education unit is run by the Board of Directors.
(2) the Director of education unit is the Chairman of the Board of Directors.
(3) the Director shall exercise the executive leadership of the unit, in accordance with its responsibilities and powers conferred by law, with the decisions and the decisions of the local councils and with decisions of the Board of Directors of the unit. In driving activity Director is assisted, as appropriate, the Deputy Director and is based on the Faculty Council and on the Council of the CPSP.
(4) the Council of the Faculty of education, in the field of instruction, consists of teaching staff teaching from that unit and is chaired by the director.
(5) the Councils referred to in paragraph (1) and (4) operates on the basis of regulations drafted by the Ministry of education, research and innovation, in consultation with the representative trade union federations from education and associative structures of local public administration authorities.
(6) the Board of Directors of the educational unit, in the field of administrative decision consists of the director, Deputy director, a member of the City Council, the Mayor's representative, representatives of parents, 1-5 teachers ' representatives, the representative of the economic agents and a representative of students, upper-secondary cycle.
(7) Employment directory and functions of Deputy director is made as a result of winning the contest, held on the basis of criteria of professional competence and management, with the opinions of the Advisory Board of Directors and of the local Council. Contest methodology is established by the Ministry of education, research and innovation and is approved by order of the Minister.
(8) Directors of education, lower secondary education establishments you and educational units with classes I-X are, as a result of winning the contest, the inspector general of the CPSP, for a period of 4 years.
(9) upper secondary education establishments from Directors, and post-secondary schools of Arts and crafts, are appointed as a result of winning the contest, by order of the Minister of education, research and youth, at the proposal of the inspector general, the CPSP for a period of 4 years.
(10) the directors of establishments intended for extracurricular activities are appointed by the Minister of education, research and youth, the Ministry of education directly subordinated units, research and innovation, and the inspector general, the CPSP from units subordinated to the School Inspectorate.
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Art. 145 was modified by item 13 of article. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
Article 145 ^ 1 (1) private educational Establishments are free, open units, autonomous from both organisational and financial-economic, having underpinned private property, guaranteed by the Constitution.
(2) the structures and functions of the private educational establishments, the tasks, the order of formation, duration of mandates and age limits of the teaching staff are laid down in the regulations on the organisation and operation thereof, in accordance with the legal provisions.
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Art. 145 ^ 1 was introduced by section 2 of art. 1 of law No. 296 of 14 November 2008, published in MONITORUL OFICIAL nr. 789 from 25 November 2008.
Article 145 ^ 2 (1) the particular unit of Smithfield is run by the Board of Directors, chaired by the Chairman or by the Director of the educational unit. Chairman of the Board is designated as the representative of the legal person paying.
(2) private education unit Director shall exercise executive management in strict accordance with the responsibilities and powers conferred by law, with the decisions of the Board of Directors of the unit and in compliance with the provisions of the regulation on the organisation and operation thereof.
(3) the Faculty Council of private education consists of teaching from teaching staff establishment, representatives of students and parents, and powers specified in the rules of organization and functioning of the unit.
(4) the directors of the private education establishments shall be appointed by the management of the legal person paying on a proposal from the Board of education. The Act of appointment shall be made within the School Inspectorate, which operates school unit.
(5) the directors of private establishments intended for extracurricular activities shall be appointed by the legal person paying.
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Art. 145 ^ 2 was introduced by section 2 of art. 1 of law No. 296 of 14 November 2008, published in MONITORUL OFICIAL nr. 789 from 25 November 2008.
Article 146 (1) institutions of higher education are run by the senate, while the faculties and departments, councils. Senates are chaired by University Presidents, deans of faculties, councils, departments, councils and executives. Decisions of the Faculty Senates and councils, departments shall be taken by a majority of votes of the members present, though their numbers represent at least two thirds of all members.
(2) higher education institutions may set up the Office of President of the University, with the powers established by the Charter of the University.
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Alin. (2) of article 9. 146 was amended by section 3 of the article in EMERGENCY ORDINANCE No. 89 of 24 June 2008, published in MONITORUL OFICIAL nr. 480 of 30 June 2008.
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Art. 146 was amended by section 5 of article in law No. 2 of January 9, 2008, published in MONITORUL OFICIAL nr. 21 of January 11, 2008.
Article 147 (1) of the operative Leadership of the institution of higher education is provided by the Office of the Senate, in accordance with the Statute of teaching staff and University Charter.
(2) the President of the Office of the Senate is the Rector.
Chapter IV Evaluation in education Article 148------------. (1) of article 1. 148 was repealed by article. 39 from EMERGENCY ORDINANCE nr. 75 of 12 July 2005, published in Official Gazette No. 642 of July 20, 2005.
(2) the evaluation of postgraduate university education and ensure through specific forms, in accordance with the provisions laid down by law and the rules of the University autonomy.
(3) in the national system of education and education to do notation rule, from 10 to 1.
(4) recommend applying transferable credits and their recognition both within the same institution or educational establishments and between educational institutions or units in the country and abroad.
Article 149 the Ministry of education, research and innovation ensure periodic assessment of the level of professional training and methodology of teachers from education.
Article 150 (1) CPSP Inspector general compiled at the end of each school year, a report on the State of education in the County, the city of Bucharest. This report shall be presented to the Ministry of education, research and innovation, the Prefecture, the County Council, local councils and all educational establishments in the County, the city of Bucharest.
(2) the Rector of the institution of higher education is being prepared at the end of each academic year, a report on the status of the educational institution, which shall send it to the Ministry of education, research and innovation, the Prefecture and County Council, the municipality of Bucharest.
(3) the Minister of education, research and Youth Parliament endorsed the annual report on the State of the national system of education, until 15 October. At the same time are given directions and priorities for the development of pre-university education and higher education. The annual report giving advertising.
Title V chapter I human resources staff in education. Pupils and students in article 151 (1) education staff consists of teaching staff, research staff, auxiliary teaching staff and administrative staff.
(2) teaching staff consists of: a) educators/preschool-education-Stoner;
— — — — — — — — — — — — the letter a) to paragraph 1. (2) of article 9. 151 was amended by section 1 of article. 1 of law No. 387 on December 17, 2009, published in MONITORUL OFICIAL nr. 898 of 22 December 2009 amending paragraph 2 of art. From the EMERGENCY ORDINANCE nr. 40 on April 22, 2009, published in MONITORUL OFICIAL nr. 286 of 30 April 2009.
b) teachers/teacher-in primary education;
— — — — — — — — — — — — b) of paragraph 2. (2) of article 9. 151 was amended by section 1 of article. 1 of law No. 387 on December 17, 2009, published in MONITORUL OFICIAL nr. 898 of 22 December 2009 amending paragraph 2 of art. From the EMERGENCY ORDINANCE nr. 40 on April 22, 2009, published in MONITORUL OFICIAL nr. 286 of 30 April 2009.
c the teacher-education) in preschool and primary education;
d) foremen-instructors-in secondary and post-secondary;
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Lit. d) of paragraph 2. (2) of article 9. 151 was changed from point of article 42. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
d ^ 1) teachers for preschool education-pre-school education;
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Lit. d ^ 1) para. (2) of article 9. 151 was introduced by section 2 of art. 1 of law No. 387 on December 17, 2009, published in MONITORUL OFICIAL nr. 898 of 22 December 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 40 on April 22, 2009, published in MONITORUL OFICIAL nr. 286 of 30 April 2009, with item 3.
d ^ 2) teachers for primary education-primary education.
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Lit. d ^ 2), para. (2) of article 9. 151 was introduced by section 2 of art. 1 of law No. 387 on December 17, 2009, published in MONITORUL OFICIAL nr. 898 of 22 December 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 40 on April 22, 2009, published in MONITORUL OFICIAL nr. 286 of 30 April 2009, with item 3.
e) teacher-preschool education, primary, secondary, and post-secondary.
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Lit. s) para. (2) of article 9. 151 was amended by paragraph 2 of article 9. 1 of law No. 387 on December 17, 2009, published in MONITORUL OFICIAL nr. 898 of 22 December 2009 to supplement art. From the EMERGENCY ORDINANCE nr. 40 on April 22, 2009, published in MONITORUL OFICIAL nr. 286 of 30 April 2009 with point 4.
f) processors, the assistant professors, University lecturers (heads of works), University lecturers, professors and professors-consultants in higher education;
g) trainers.
(3) it can work In education staff associate.
(4) research staff is integrated into chairs, departments, units or centres and microproductie.
(5) education of all levels work staff, as defined in the staff regulations.
Article 152 teaching Functions on the types and forms of education, and the conditions of their employment shall be determined by the Statute of teaching staff.
Article 153 (1) teaching Norm for pre-university education shall be regulated by the Statute of teaching staff.
(2) teaching Norm for profiles with specific training formations, as well as for learning from isolated settlements or for classes with a small number of students shall be regulated by the Ministry of education, research and innovation.
(3) teaching Norm of higher education and postgraduate shall be regulated by the Statute of teaching staff.
Article 154 (1) public education and private teaching posts deals through competition. Conditions for the driving function shall be determined by the Statute of teaching staff.
(2) Contests for filling non-teaching personnel. The contest may be any person who fulfils the conditions laid down in the staff regulations.
(3) Validation for employment competitions of State preuniversity education is made by the school inspectorates, on a proposal from the boards of the contest.
(4) the competitions for filling of the University and postgraduate education shall be approved by the Faculty councils, on a proposal from the boards of the contest, and validated by the University Senates. Didactic titles of associate professor and Professor are confirmed by the National Council for the accreditation of titles, diplomas and certificates, through specialized commissions. Based on the confirmation by the Minister of education, research and youth shall issue an order for the grant of titles of associate professor and Professor.
(5) the candidate in the contest to fill a post teaching with teaching in another language than the one in which he did his higher education support in specialized committees before a test of knowledge of the language to do the teaching.
Article 155 the Ministry of education, research and innovation is required to ensure the training and advanced training of teachers from the national education system and establishes, through specialised bodies, national standards for certifying the quality of teaching.
Article 156 (1) the rights and duties of staff are set out in the Statute of teaching staff and academic paper.
(2) the right to seek review of individuals or bodies in education is exercised through inaudible hierarchically higher governing body whose decision is contested.
Article 157 (1) of The education institutions and units are banned corporal punishments.
(2) teaching staff who practice such methods will be sanctioned administratively or, depending on the seriousness of the offence, shall be subject to the requirements of the law.
(3) the rights and duties of pupils are set out in the regulation drafted by the Ministry of education, research and innovation, and for the students they are contained in the Charter of the University and in the regulations of institutions of higher education.
Article 158 (1) in the pre-university study formations include groups, classes or years of study as follows: the average) group comprises 15 preschoolers or students, but no less than 10 and not more than 20; Notwithstanding, the school inspectorate may approve groups comprising at least 7 preschoolers or students;
b) primary class has on average 20 students, but no less than 10 and not more than 25;
c) in lower class has an average of 25 students, but no less than 10 and not more than 30;
d) class of the school of Arts and crafts, year of completion and upper secondary education, as well as the year of study of post-secondary education has on average 25 students, but no less than 15 and no more than 30.
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Lit. d) of paragraph 2. (1) of article 1. 158 was modified by the point of article 43. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
(2) in exceptional cases, well motivated, students or formations of preschoolers group can operate under minimum or over herd the herd, with the approval of the county school inspectorates, the municipality of Bucharest.
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Alin. (2) of article 9. 158 was amended by article in law No. 253 of 19 July 2007, published in MONITORUL OFICIAL nr. 498 of 25 July 2007.
Chapter II Training of teaching staff in article 159 (1) continuous Formation of teachers constitutes a right which is achieved mainly through training and professional conversion.
(2) within the framework of the national system of education on the improvement of teachers in pre-university education is carried out mainly through the forms provided for in the staff regulations.
(3) conversion of professional education system concerns the extension of initial training in order to obtain the right to teach and the other disciplines or to hold other posts.
Article 160 (1) the Ministry of education, research and innovation establishes objectives and coordinates training of teachers in pre-university education, assess, accredit and finances training programmes continue, including professional conversion, undertaken in: (a) higher education institutions), by the faculties, departments and chairs, continuous training;
b) higher education institutions, departments or through the departments of teacher training, continuous training and methodical psychoeducational;
(c) Pedagogical University) and colleagues with pedagogical, continuous, methodical and didactical-pedagogical staff from preschool and primary education;
d) houses of teachers, according to art. 162;
(e) training centres), organized in units, specialized training for advanced training of teachers with secondary education;
f) other structures empowered for that purpose by the Ministry of education, research and innovation.
(2) to organize the activities referred to in paragraph 1. (1) the said institutions can collaborate with similar institutions and economic agents, according to the legal regulations.
Article 161 (1) continuous training programmes teachers ends by Colloquium, or other specific forms of assessment, according to the law.
(2) higher education institutions accredited programs can be organised and run by the professional conversion, at the University level and postgraduate, lasting at least a year and a half. The programmes are approved by the Ministry of education, research and innovation and is completed with a graduation exam. Graduation examination conferring the right to obtain a diploma and the right to practise new specialization. These activities can be organised in the forms of education provided by law.
Article 162 (1) staff Houses are centres of documentation and organization of training activities continue and activities scientific, methodical and cultural.
(2) for carrying out the activities referred to in paragraph 1. (1) teachers House ensure qualified trainers accredited by Ministry of education, research and innovation, and finance these programs. Trainers collaborates with departments and how many training drele teaching staff from higher education institutions and training activities continue.
Article 163 For training and advanced training of teaching staff of leadership, guidance and control of the Ministry of education, research and innovation establishes and coordinates centers and other forms of institutionalized, with powers to that end.
Article 164 on the improvement of teaching staff in higher education is financed by the Ministry of education, research and innovation through educational institutions and budgets can be achieved through: (a) the documentation and programs) exchanges of experience at national and international levels;
b) specialization programs and cooperation interuniversitara in the country and abroad;
c) postgraduate education, organized according to the provisions of this law;
d scientific research programmes), carried out in the country or through international cooperation;
e) educational innovation, scientific, creative and artistic technique.
Article 165 improvement of auxiliary teaching staff from the national education system is subject to the provisions of article 7. 160. Title VI material basis and State education financing Article 166 (1) the material basis of State education consists in the active Ministry of the whole patrimonial education, research and innovation, institutions and educational establishments and scientific research from education system existing at the date of coming into force of this law, as well as in patrimonial assets subsequently acquired or re-acquired.
(2) within the meaning of paragraph 1. (1) the material basis of education include: spaces for educational process and scientific research, education and related research, libraries, printing and publishing, teaching and research, microproductie, school workshops, farms, botanical gardens, agricultural fields, dormitories, boarding schools, canteens, clubs, houses of culture of the students, staff houses, homes, school camps, bases and cultural and sports complexes houses, palaces and of children and students, rest and treatment, the spaces of the House, as well as any other object of heritage education and intended for employees from education.
(3) the material basis related to the process of education and training referred to in paragraph 1. (2) and made of the funds of the State institutions and State-owned enterprises during the period prior to the date of December 22, 1989 is reintegreaza without payment in the Ministry of education, research and innovation, institutions and educational establishments and scientific and academic research, as appropriate, in the public domain of communes, towns, municipalities, namely the sectors of Bucharest, the county councils and the General Council of Bucharest with the exception of goods that have entered the property of private economic agents. Handing the takeover is made on the basis of the protocol. The same conditions are reintegreaza without paying and buildings which, according to art. 20 paragraph 1. 2 of law No. 15/1990
on the reorganization of State-owned economic units as 1900 and companies, with the subsequent amendments were passed in some companies, regardless of their social capital. Reintegration is done on the basis of protocol of teaching. Fair compensation is provided for each case, the Decree of the Cabinet of Ministers, on a proposal from the Ministry of education, research and innovation and the Ministry of public finances, within 60 days after the date of signature of the Protocol by teaching. The amount of the compensation shall be set within 30 days of the date of signature of the Protocol by teaching, by an evaluation Committee made up of representatives of the Ministry of education, research and innovation, Ministry of administration and Interior, the Ministry of transportation and infrastructure) and the Ministry of public finance, constituted by order.
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Alin. (3) art. 166 was modified by pct article 14. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
— — — — — — — — — — — — — — — C.T.C.E. NOTE S.A.: Piatra Neamt) according to art. 15 of the EMERGENCY ORDINANCE nr. 24 of 11 April 2007, published in MONITORUL OFICIAL nr. 247 of 12 April 2007, the normative acts in force the following names are replaced by provisions properly, this emergency Ordinance, as follows: d) "Ministry of transport, constructions and tourism":-"Ministry of transport", in the case of provisions governing transport activity;
-"The Ministry for small and medium-sized comp., trade, tourism and liberal professions", in the case of provisions governing their activity in the field of tourism;
-"Ministry of development, public works and housing", in the case of provisions governing the activity in the field of public works, planning, engineering and in the area of housing;
(3 ^ 1) Fair compensation referred to in paragraph 1. (3) shall be granted in each individual case, the Decree of the Cabinet of Ministers, on a proposal from the Ministry of education, research and innovation and the Ministry of public finances, within 60 days after the date of signature of the Protocol by teaching.
— — — — — — — — — — — —-. (3 ^ 1), art. 166 was introduced by art. From the EMERGENCY ORDINANCE nr. 110 of 24 October 2003, published in Official Gazette No. 748 of 26 October 2003.
(3 ^ 2) The amount of the compensation shall be set within 30 days of the date of signature of the Protocol by teaching, by an evaluation Committee made up of representatives of the Ministry of education, research and innovation, Ministry of administration and Interior, the Ministry of transportation and infrastructure and the Ministry of public finance, established by joint order).
— — — — — — — — — — — —-. (3 ^ 2) of art. 166 was introduced by art. From the EMERGENCY ORDINANCE nr. 110 of 24 October 2003, published in Official Gazette No. 748 of 26 October 2003.
(4) the material basis of institutions of higher education and State for scientific research of universities is governed by their property. The Ministry of education, research and innovation is empowered to issue certificates of ownership for institutions of higher education and scientific research, on the basis of the documentation submitted by them.
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Alin. (4) article. 166 was modified by pct article 14. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(4 ^ 1) The land and the buildings in which they operate, pre-university educational units of State-schools, kindergartens, primary and secondary schools, seminaries, school groups, schools and vocational colleges and schools-are part of the public domain of communes, towns and municipalities, namely the sectors of Bucharest, and in the administration of local councils of communes, towns and municipalities, the sectors of Bucharest in whose area they operate, through delegation by the Councils of Directors of educational establishments. Other components of the base materials are governed by the property of the State and pre-university education are administered by them. Are not part of the public domain of communes, towns and municipalities, namely the sectors of Bucharest, the land and buildings owned by educational units under contracts of lease, lease or bailment, their owners being other natural or legal persons.
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Alin. (4 ^ 1), art. 166 was modified by pct article 14. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(4 ^ 2) The land and the buildings in which they operate special education units of State form part of the public domain, i.e. County of the municipality of Bucharest, and in the administration of the County Council, the local councils of the sectors of Bucharest, in whose area it operates, by delegating the administration of Councils educational units in question. Other components of the material basis of special education law are public property and educational establishments are managed by them.
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Alin. (4 ^ 2) of art. 166 was modified by pct article 14. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(4 ^ 3) Changing the destination of material base of educational institutions and establishments and vocational can be realized only with the assent of the Minister of education, research and youth. Alienation or change the destination of the assets in the material basis of education without the opinion of the Minister of education, research and youth constitute an offense and shall be punished in accordance with criminal law. Acts of alienation or change of destination of the goods at public education without the assent of the Minister of education, research and youth are void. The administration of the educational process from the pre-university educational units and special State referred to in paragraph 1. (4 ^ 1 and ^ 2 4) is made by the county school inspectorates and the School Inspectorate of Bucharest.
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Alin. (4 ^ 3) of art. 166 was modified by pct article 14. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(4 ^ 4) The land and the buildings in which they operate school inspectorates, teachers ' houses, palaces and clubs for children and students, school sports clubs, centers, and offices for psycho-pedagogical assistance, logopedice centers, school offices, and other units of the Ministry of education, research and innovation, whose current and capital expenditure is financed from the State budget, are part of the public domain of the State and are administered by the Ministry of Education , Research and innovation, through the county school inspectorates and through delegation by the boards of Directors of these units. Other components of the base materials are governed by the respective establishments and institutions owned and administered by them.
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Alin. (4 ^ 4) art. 166 was modified by pct article 14. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
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Alin. (4 ^ 5) of art. 166 was removed by the sole article of Act No. 185 May 26, 2009, published in MONITORUL OFICIAL nr. 362 from May 29, 2009, rejecting an EMERGENCY ORDINANCE nr. 156 of 12 November 2008, published in MONITORUL OFICIAL nr. 778 of 20 November 2008.
(4 ^ 6) Land and buildings taken improperly by the State after 4 September 1940 from natural or legal persons are part of the private sector in the country according to law and may be subject to regulations for refunds.
— — — — — — — — — — — —-C.T.C.E. NOTE: para. (4 ^ 6) of art. 166 shall remain in force through the removal of point 3 of article 1. 1 of law No. 713 of 3 December 2001, published in MONITORUL OFICIAL nr. 803 of 14 December 2001 by RECTIFICATION No. 713 of 3 December 2001, published in MONITORUL OFICIAL nr. 5 of 8 January 2002.
(5) Construction and related educational process there may be transferred only with the approval of the Government, upon the proposal of the Minister of education, research and youth, without payment, and only in the public interest.
— — — — — — — — — — — —-. (5) article. 166 was modified by pct article 14. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(6) Rental property, including land, in temporary available assets of the institutions of higher education, or in their administration, it can be done on a contract basis, completed in accordance with the legal provisions, with annual review. Assets, including land in the administration of the State's primary education available temporarily, may be hired on a contract basis, completed in accordance with the legal provisions, with its annual review, only in accordance with the methodology established by the Ministry of education, research and innovation. Renting property, including land, under the conditions laid down in the preceding paragraphs shall be made with priority for educational activities.
— — — — — — — — — — — —-. (6) article. 166 was modified by pct article 14. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(7) the owners of goods referred to in paragraph 1. (3) and (4) that is going to be reinstated in the heritage education are obliged to put the available proxies for the Ministry of education, research and innovation, local councils or county councils, where appropriate, all the documents certifying property as well as the documents necessary for entry into the accounting records.
— — — — — — — — — — — —-. (7) article. 166 was modified by pct article 14. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(8) the Ministry of education, research and innovation and, where appropriate, the county councils, the General Bucharest City Council or local Councils Act to justice, through their imputernicitii, legal and physical persons who refuse signing protocols and proprietary documents. These actions are exempt from stamp duty.
— — — — — — — — — — — —-. (8) article. 166 was modified by pct article 14. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(9) the inclusion of the right of ownership of real estate belonging to the Ministry of education, research and innovation or institutions and educational establishments and scientific research from the State education system, as well as to goods belonging to local, county councils and the General Council of Bucharest, where it operates the pre-university educational units of the State, shall, as appropriate, in the register of inscriptiuni and transcriptiuni in land or in books advertising cards land, free of duties provided by law.
— — — — — — — — — — — —-. (9) article. 166 was modified by pct article 14. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
— — — — — — — — — — — —-. (10) of article 1. 166 was repealed by point 15 of article 2. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
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*) Art. The EMERGENCY ORDINANCE nr. 110 of 24 October 2003, published in Official Gazette No. 748 of 26 October 2003 States: "ART. (1) For buildings taken over by the protocol-based teaching, in accordance with the provisions of art. 166 from the education law No. 84/1995, up to the date of coming into force of this emergency Ordinances, and for which the Government was bound by the judgment to issue decisions to grant fair compensation, it shall be granted in each individual case, the Decree of the Cabinet of Ministers, on a proposal from the Ministry of education, research and youth and the Ministry of public finance, within 30 days after the date of entry into force of this emergency Ordinances the reserve fund, the budget available to the Government.
(2) the amount of compensation is established within 15 days of the date of entry into force of this emergency Ordinances by the selection board referred to in paragraph 1. (3 ^ 2) of art. 166 from the education law No. 84/1995, republished, with subsequent amendments and additions. "
Article 167 (1) primary education units of State functions as the units financed from funds allocated through the local budgets of administrative-territorial units whose operates, from the State budget and other sources, according to the law.
(2) financing of pre-university educational units of State include: base funding and funding for additional fees.
(3) financing basis ensure normal conduct of education at primary level, in accordance with national standards. Funding is ensured by the local budgets of administrative-territorial units where they belong, units of the amounts broken down in some of the State budget revenues and other revenues of local budgets.
(4) the financing of complementary capital expenditure, ensure social security costs and other expenses associated with the process of education. Complementary funding from local budgets, ensure and other sources, according to the law.
(5) financing basis includes the following categories of expenditure: a) personnel expenditure;
b) materials and services;
c) professional improvement, except for the expenses that it supports from the State budget.
(d) expenses for the transportation of pupils);
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Lit. d) of paragraph 2. (5) article. 167 was inserted by section 1 of article. 1 of law No. 291 of 7 July 2006, published in MONITORUL OFICIAL nr. 598 of July 11, 2006.
(e) expenses for commuting), respectively the railway travels 6 prescribed by law for teachers teaching and teaching auxiliaries.
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Lit. s) para. (5) article. 167 was inserted by section 1 of article. 1 of law No. 291 of 7 July 2006, published in MONITORUL OFICIAL nr. 598 of July 11, 2006.
(6) Financing includes the following additional categories of expenditure: (a) consolidation and investments), capital repairs;
b) subsidies for school canteens and boarding schools;
(c) the expenses of organization), simulation results and national exams to students, with the exception of expenditure that it supports from the State budget;
d) exchanges of pupils;
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Lit. s) para. (6) article. 167 was abrogated by point 2 of article 2. 1 of law No. 291 of 7 July 2006, published in MONITORUL OFICIAL nr. 598 of July 11, 2006.
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Lit. f) of paragraph 2. (6) article. 167 was abrogated by point 2 of article 2. 1 of law No. 291 of 7 July 2006, published in MONITORUL OFICIAL nr. 598 of July 11, 2006.
g) expenses for mandatory periodic medical examination of employees from State preuniversity education, except for those which, according to law, shall be carried out free of charge;
h) expenditure on competitions and educational activities, cultural, artistic, sporting, tourist.
(7) the funds allocated to educational establishments by local budgets and finance, is the standard cost per student/preschool. Standard cost on preschool pupil/determine, for each level of education, specialization, profile, Department/area, depending on the number of posts/departments legally established, language of instruction, other specific indicators of education, quality of education and professional training, institutional management, the specifics of training and urban/rural.
(8) the determination of the standard cost on preschool job is done by the National Council for the financing of pre-university education, on the basis of the indicators referred to in paragraph 1. (7) according to the methodology developed by the Ministry of education, research and innovation and approved by decision of the Government. Student-level standard cost/preschool shall be approved by the Ministry of education, research and innovation, in consultation with the social partners and of the associative structures of local public administration authorities.
(9) the allocation of funds for financing basic education unit is based on a funding formula that takes into account the cost of the standard student/preschool, preschool/the number of students in the schools, as well as correction factors for addicted to density of students in the area, the severity of the disadvantages and other factors.
(10) the financial Allowance established as part of the financing of the base of a student/preschool education shall allocate unit in which the student is enrolled.
(11) a complementary Financing is made from the local budget, in relation to the primary education needs of the establishment of the State, in its proposal, and it provides, as a priority, as appropriate, in the budget of the commune, town, municipality, the sectors of Bucharest, Bucharest city and the County. Its level is established on the basis of financing programs for learning units grounded, depending on the magnitude of the needs and possibilities of the Chief authorising officer.
(12) the pre-university educational Units of the State can get its own income. They don't reduce financing basis and complementary financing. Pre-university educational units of State activities can be financed entirely from its own revenues, approved by decision of the Board of Directors.
(13) the financing base and complementary financing of education are carried out under contract, drawn up in accordance with the detailed arrangements for financing of pre-university education, concluded between pre-university education unit Director and the Mayor of the municipality in whose area the education unit is located. The contract shall be concluded within 30 days from the date of approval of the budget. The amounts representing finance basic and complementary financing you enroll in budget revenue and expenditure.
(14) budget of revenue and expenditure shall be drawn up annually by each State's primary education, in accordance with the detailed procedures for the financing of pre-university education, approved and executed according to the legal provisions in force.
(15) the Director unit of State primary education is the originator of the tertiary.
(16) the annual Surpluses resulting from the implementation of the budget of revenue and expenditure of the activities financed entirely from own income is reported in the following year and are using the same destination or, with the approval of the Board of Directors, is used to finance other expenses of educational establishments.
(17) from the State budget through the budget of the Ministry of education, research and innovation, ensure the following costs of primary education, including special education: the local component projects) related to ongoing, co-financed by the Government and international financial bodies, such as the return of foreign loans and related projects;
b scholarships for students in) the Republic of Moldova, as well as scholarships for foreign students and ethnic Romanians outside the borders of the country;
c assessment, simulations) and national examinations;
d) professional training of in-service training of teachers and teaching auxiliaries, as well as organize national examinations for filling stations;
e) compulsory textbooks for the school and for students with difficulties from upper secondary education and arts and crafts;
f) finance based decisions of Government, annual or multiannual programmes of investment, modernization and development of material base of pre-university educational institutions of State, including consolidation and refurbishment of schools and facilities;
g) financing of national social protection programs, as determined by specific regulations;
h) on the Organization, funding for students, education contests on objects and on trades, technical, scientific, applied creative contests and cultural and artistic festivals, school competitions and Championships, with national and international participation, as well as international Olympiads on learning objects.
(18) the financing of the expenditure relating to the school inspectorates, teachers ' houses, palaces and clubs for children and students, and pedagogical assistance agencies, logopedice, school offices, sports clubs and school ensure from the State budget through the budget of the Ministry of education, research and innovation.
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Alin. (^ 1), art. 167 was removed from the law. 185 May 26, 2009, published in MONITORUL OFICIAL nr. 362 from May 29, 2009, rejecting an EMERGENCY ORDINANCE nr. 156 of 12 November 2008, published in MONITORUL OFICIAL nr. 778 of 20 November 2008.
(19) the financing current expenditure and capital of special education units ensure the budget of the County Council, namely the sectors of Bucharest, and from the State budget.
(20) the County Council/General Bucharest City Council provide funding for organizing and conducting Olympiads and contests at the County/School of Bucharest.
(21) County Council, namely the General Bucharest City Council, allocate their own funds by odds judgment broken down from the tax on the income available to them, with a view to financing of pre-university educational units.
(22) the expenses related to the facilities granted to pupils and students relating to carriage by railway and Metro is financed by the budget of the Ministry of transportation and infrastructure).
(23) expenditure incurred by the activity of the National Council for the financing of pre-university education Ministry budget is support education, research and innovation and other sources, according to the law.
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Art. 167 was amended by paragraph 16 of article. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
NOTE C.T.C.E. S.A. Piatra Neamt: *); 15 of the EMERGENCY ORDINANCE nr. 24 of 11 April 2007, published in MONITORUL OFICIAL nr. 247 of 12 April 2007, the normative acts in force the following names are replaced by provisions properly, this emergency Ordinance, as follows: d) "Ministry of transport, constructions and tourism":-"Ministry of transport", in the case of provisions governing transport activity;
-"The Ministry for small and medium-sized comp., trade, tourism and liberal professions", in the case of provisions governing their activity in the field of tourism;
-"Ministry of development, public works and housing", in the case of provisions governing the activity in the field of public works, planning, engineering and in the area of housing;
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Art. 168 has been repealed from point 17 of article. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
Article 169 (1) Units of education primary, secondary, high school, arts and crafts, rural and periurban, and educational institutions for initial training and continuous personnel in the field of Defense, public order and national security, which have no ownership of agricultural land in the area, receive in order to set up the batch experimental teaching or training specific land or for the arrangement of polygons a surface of 1 hectare for primary schools, 2 secondary schools, hectare for hectare to 3 high schools, pedagogical, military and public security, a minimum of 5 acres for post-secondary education institutions and higher education/military order and public security and minimum 10 hectares for upper secondary education units and schools of Arts and crafts with agricultural profile agromontan forest, and arable equivalents.
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Alin. (1) of article 1. 169 was amended by the pct, article 18. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(2) experimental paragraph. (1) assigned to the application, the respective units of the farmland school and forestry what belonged to schools or, where appropriate, of a reserve of localities, available to local councils.
(3) where there is no territory of land resources in accordance with the provisions of paragraphs 1 and 2. (2), shall be assigned to the correct surfaces in use since land owned by public authorities or in the administration of the National Agency for Rural development and land-use planning.
(4th) restoring the right of ownership to the school units specified in paragraph 2. (1) the possession, as well as the issue of property securities are carried out by local commissions and County law enforcement Land Fund No. 18/1991.
Article 170 (1) State Education Financing is secure from public funds, to a maximum of at least 4% of GDP annually, ensuring a permanent increase in budgetary allocations, in accordance with the following requirements: (a) consideration of the development of education) as a national priority for preparing human resources to international standards;
(b) the professionalization of human resources) with the diversification of the labour market;
c) higher education development and scientific research for integration at world-leading scientific life.
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Alin. (1) of article 1. 170 was modified by pct article 19. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(1 ^ 1) For State education financing from public funds ensure an annual increase in the budgetary allocations up to at least 6% of GDP in 2007).
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Alin. (1 ^ 1), art. 170 was introduced by the pct, article 20. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
*) Note C.T.C.E. S.A. Piatra Neamt: according to art. Vi of the EMERGENCY ORDINANCE nr. 88 of 20 November 2006, published in MONITORUL OFICIAL nr. 941 of 21 November 2006, the application of the provisions of paragraph (1 ^ 1) article 170 of the law on education no. 84/1995, republished, with subsequent amendments and additions, adjourn no later than 31 December 2007.
(2) the system of pre-university education funding State-level funds ensure the decentralization of educational establishments. Concrete ways of designing and execution of the budget, the allocation of funds for the pre-university education shall be determined by State guidelines approved by decision of the Government, drafted by the Ministry of education, research and innovation, together with the Ministry of public finances and with the Ministry of administration and Interior, in consultation with the representative trade union federations from education and associative structures of public administration authorities.
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Alin. (2) of article 9. 170 was modified by pct article 21. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(3) educational institutions and units can also benefit from other sources of income acquired in accordance with the law: own incomes, subsidies, donations, sponsorship and fees from legal and physical persons. The revenue obtained from the sources listed are integral and is used to manage at the level of institutions and establishments concerned, including to increase the salary Fund, without contribution from the State budget, local budgets and without affecting budgetary allocations.
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Alin. (4) article. 170 was repealed by article 22 pct. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
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Alin. (5) article. 170 was repealed by article 22 pct. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(6) higher education i allocate a separate fund for scientific research of University scientific research budget. Allocation of funds for financing the scientific research University is made after competitive criteria, based on national priorities and performance achieved or anticipated. The competition for funds to finance scientific research University is open to all accredited institutions of higher education, as well as establishments and research and development institutions, qualified to conduct research and development. Allocation of funds for financing scientific research University is made by the Ministry of education, research and innovation, on the proposal of the National Council of scientific research in higher education.
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Alin. (6) article. 170 was modified by pct article 23. 1 of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004.
(6 ^ 1) Accredited higher education institutions shall be allocated a separate fund for institutional development of the budget allocated to the Ministry of education, research and innovation. Institutional development fund allocation is made after competitive criteria. The methodology for the allocation and use of Fund for institutional development is hereby approved on behalf of the Government. Financing higher education institutions accredited institutional development fund is made by the Ministry of education, research and innovation).
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Alin. (6 ^ 1), art. 170 was introduced by section 1 of article. From the EMERGENCY ORDINANCE nr. 191 of 25 November 2008, published in MONITORUL OFICIAL nr. 817 of 5 December 2008.
*) Note C.T.C.E. S.A. Piatra Neamt: according to art. The EMERGENCY ORDINANCE nr. 191 of 25 November 2008, published in MONITORUL OFICIAL nr. 817 of 5 December 2008 Government Decree referred to in art. 170 para. (6 ^ 1) of law No. 84/1995, republished, with subsequent amendments and additions, will be done within 3 months from the date of entry into force of this emergency Ordinance.
(7) Investment Funds for new equipment and facilities shall be allocated separately, according to the strategic priorities of development education. Eligible for the allocation of these funds all units and educational institutions accredited in accordance with the law.
(8) the implementation of the budget of educational institutions and establishments shall be public.
Article 171 (1) of the higher education Institutions of State functions as the funds allocated to the institutions financed from the State budget and other sources, according to the law.
(2) the revenue of these institutions are made up of appropriations in the budget of the Ministry of education, research and innovation, on a contract basis, for financing by the base and complementary financing, investment objectives, funding for scholarships and social protection of students, as well as from their own income, interest, donations, sponsorships and fees charged under the law from individuals and legal entities Romanian or foreign, and other sources. These revenues are used by institutions of higher education under the conditions of university autonomy in order to achieve the objectives laid down in the framework of the State policy in the field of university education and scientific research.
(3) financing basis ensure from the State budget, depending on the number of students and doctoral students admitted to study without charge, number of students, the level and specificity of theoretical and practical training and other educational activity-specific indicators, particularly those relating to the quality of the education.
(4) financing basis is carried out by the Ministry of education, research and innovation, in order to ensure the normal process of education, University and postgraduate level, according to national standards.
(5) the financing of complementary ensure both funds from the State budget and from external sources, i.e. loans and foreign aid.
(6) Financing is carried out by the Ministry of complementary education, research and innovation through: a) subventions to accommodation and meals;
b) funds on the basis of priorities and specific rules for endowments and other investment expenses and capital repairs;
c) assigned funds on competitive bases for scientific research of universities.
d) funds earmarked for competition-based institutional development.
— — — — — — — — — — — — — —) (d) of paragraph 1. (6) article. 171 was introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 191 of 25 November 2008, published in MONITORUL OFICIAL nr. 817 of 5 December 2008.
(8) Financing higher education institutions of the State shall be made on the basis of the contract concluded between the Ministry of education, research and innovation and institution of higher education, as follows: (a) to finance the institutional contract) basic Scholarship Fund and welfare of students, for the institutional development fund, as well as to fund investment objectives;
— — — — — — — — — — — — — — the letter a) to paragraph 1. (7) article. 171 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 191 of 25 November 2008, published in MONITORUL OFICIAL nr. 817 of 5 December 2008.
b) complementary financing contract scientific research, to repair, to endowments and other investment expenses, as well as subsidies for accommodation and meals. The amounts relating to scientific research, covered by a complementary contract is eşalonează, through an exception to the other regulations, provided through the charts, annexes to the respective research contracts.
(8) the criteria by which the financing of higher education institutions by the State from the State budget shall be approved by the Ministry of education, research and innovation, taking into account the proposals of the National Council of higher education and, respectively, of the National Council of scientific research. Based on the criteria approved by the National Board of higher education and the National Council of scientific research of the Ministry of education, proposing University research and innovation corresponding allocation of funds for financing the institutions of higher education of the National Council of State Funding of higher education and the National Council of scientific research, as specialized advisory bodies have their own staff and are financed from the budget of the Ministry of education Research and innovation.
(9) the funding for scholarships and student social protection shall be allocated according to the number of students and doctoral students from higher education, without charge.
(10) the revenue and expenditure Budgets of the institutions of higher education is approved by the State Ministry of education, research and innovation, following the adoption of the State budget, by order of the Minister.
(11) balances remaining at the end of the year from running the budget provided for in the contract, such as scientific research and related balances academic and off-budget revenues remain available to institutions of higher education and include in the budget of revenue and expenditure of the institution without the contribution from the State budget and without impairment allowances from the State budget for next year.
(12) the synthetic Indicators from implementation of the budget of the institutions of higher education shall be published in the Official Gazette of Romania, part IV.
Article 172 (1) pupils and students of the day in public education may qualify for scholarships, merit scholarships and fellowships for social aid.
(2) pupils and students are eligible for scholarships on the basis of contracts concluded with economic agents or with other legal or natural persons, as well as study loans granted by banks in accordance with the law.
(3) Scholarships granted to students from pre-university education shall support from the State budget.
(4) the general criteria of award shall be determined by the Ministry of education, research and innovation, in collaboration with the Ministry of labour, family and social protection. The specific criteria for award of merit, performance, study and social assistance shall be determined on an annual basis, on the boards of Directors of the school inspectorates and the University Senates, and within the limits of the funds assigned in relation to the entirety of the pupils and students of the school and University activities. Scholarships benefiting students and students are indexable. The minimum amount of the scholarship students must cover the cost of accommodation and meals.
(5) Students, students and foreign students are eligible for scholarships, according to legal provisions.
(6) the Ministry of education, research and innovation grant annually a number of fellowships for doctoral studies with duration of 4-year institutions that organize this form of education. The scholarships are obtained through the contest, at the level of institutions of higher education. The fellows scholarship, have rights and oblibaţiile a professional preparer. Activity that constitutes the work.
(7) the Ministry of education, research and innovation grant annual scholarships for internships for undergraduate and graduate studies abroad from funds established for that purpose. These scholarships are obtained through competition organized nationally.
(8) The competitions for scholarships under paragraph 1. (6) and (7) may participate students and graduates of higher education institutions, State and private higher education institutions accredited.
Article 173
(1) the costs of maintenance of orphanages, dormitories and canteens, intended for pupils and students, it covers from own revenue of establishments and educational institutions; they are completed with the subsidies granted from the State budget and local budgets.
(2) institutions of higher education, State of the practice for carrying out CVT students, the period provided for in the plans, costs, accommodation and transport, where the practice is conducted outside of the University respectively.
— — — — — — — — — — — — — — *) C.T.C.E. NOTE: under (b). of paragraphs 1 to 5). (2) of article 9. ORDINANCE No. 136 from 59 of 22 august 2003, published in Official Gazette No. 615 of 29 august 2003, that Ordinance shall enter into force on 27 November 2003, with effect from 1 January 2006, are hereby repealed art. 173 paragraph 3. (3) of the Education Act 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) to the compulsory State education is free, including school textbooks in electronic format on his own Web page of the Ministry of education, research and innovation and on CD, where appropriate. Benefit from the same free and students in upper secondary education who come from families that have monthly income per Member equal to or less than the minimum gross basic salary per country.
(2) in order to facilitate access to educational process in electronic form, shall be granted to any high school student, with a breakdown of the computer, a removable USB memory with a storage capacity of not less than 4 GB. The method of acquisition and distribution of removable memory devices is established by the decision of the Government.
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Alin. (2) of article 9. 174 was introduced by art. 1 of law No. 143 of 10 July 2008, published in MONITORUL OFICIAL nr. 531 of 15 July 2008.
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Art. 174 was modified by art. 1 of law No. 365 of 21 December 2007, published in MONITORUL OFICIAL nr. 898 dated December 28, 2007.
Article 175 Children, pupils and students benefit from free medical assistance and psychological and medical practices in school psychological times in polyclinic and hospital units.
Article 176 (1) pupils and students benefit from reduced rates by 50% for local transport in the surface and underground, as well as for internal transport auto, rail and inland waterway, throughout the calendar year.
(1 ^ 1) Students who cannot be educated in the locality shall be home settles transportation spending in the budget of the Ministry of education, research and innovation, through the education units that are educated, subscription-based, within the limit of 50 km.-— — — — — — — — — — —-. (1 ^ 1), art. 176 was introduced by point 3 of article 1. 1 of law No. 291 of 7 July 2006, published in MONITORUL OFICIAL nr. 598 of July 11, 2006.
(1 ^ 2) For distances greater than 50 km ensure settlement amount representing the consideration 8 travels round trip per semester.
— — — — — — — — — — — —-. (1 ^ 2) of art. 176 was introduced by point 3 of article 1. 1 of law No. 291 of 7 July 2006, published in MONITORUL OFICIAL nr. 598 of July 11, 2006.
(2) pupils and students orphaned or coming from homes of children free of charge for the following types of transport referred to in paragraph 1. (1) and (3) pupils and students benefit from discounted rates with 75% access to museums, concerts, theatre, opera, film and other cultural and sporting events organised by public institutions.
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Alin. (3) art. 176 was amended by article in law No. 428 of 22 November 2006, published in MONITORUL OFICIAL nr. 965 of 30 November 2006.
(4) the provisions of this article also benefit pupils and students of accredited private education.
(5) the pupils and students of Romanian citizens outside the country's borders, Romanian State, fellows benefit from free of charge to all the manifestations referred to in paragraph 1. (3) and discounted by 50% for local transport, surface and underground, as well as for internal transport auto, rail and inland waterway, throughout the calendar year.
— — — — — — — — — — —-. (5) article. 176 was amended by article in law No. 33 of 11 March 2008, published in MONITORUL OFICIAL nr. 197 of 14 March 2008.
(6) higher education institutions have the right to grant, outside of approved tuition, at least a place for free trials with baccalaureate graduates receive diploma from orphanages, in the conditions laid down by the University Senate.
Article 177 (1) the activities of extracurricular scientific, technical, cultural, artistic and sporting, and those for students capable of superior performance are financed from the State budget, in accordance with the rules laid down by the Ministry of education, research and innovation. For this purpose you can use other sources of funding.
(2) the provisions of paragraphs 1 and 2. (1) shall also apply in the case of creative camps, sports and rest of pupils and students.
Article 178 educational institutions and units can receive donations from around the country and abroad, in accordance with the law, if you 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) Violating the provisions of this law shall entail liability, as appropriate, disciplinary, material, or criminal offence.
(2) persons authorized to Stop perform control of institutions or establishments of education constitute misconduct, as appropriate, disciplinary offence or infraction times. Contravention or crime and enforcing the sanctions are carried out by the competent authorities.
Article 180 (1) the parent or legal guardian established has the right to choose the form of education and education of the child.
(2) the parent, legal guardian or legal set up the sponsor is obliged to take measures to ensure the student's tuition rate in compulsory education. Failure to comply with this provision due to the parent, legal guardian or legal set up sustinatorului constitutes infringement and is sanctioned with a fine between 500,000 lei lei and 2,000,000.
— — — — — — — — — — — —-. (2) of article 9. 180 amended item 44 of the art. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
(3) contraventions and enforcing 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 methodology.
— — — — — — — — — — — —-. (3) art. 180 amended item 44 of the art. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 181 of the present law Provisions are completed with the legal provisions concerning the establishment and sanctioning offences.
Article 182 over the minor child to follow mandatory education in Romanian language or in the language of a national minority is the parent or legal guardian decides established.
Article 183 of the law pending the development of special education units accredited private primary criteria and standards of evaluation and accreditation shall be set by decision of the Government, on the basis of this law.
Article 184-Ministry of education, research and innovation may establish specialised bodies subordinate to the law.
Article 185 scientific research financed from the State budget, run by teaching staff, it holds in relation to salary schedule corresponding to the selected function, if the contract does not exist otherwise.
Article 186 Overcoming free university education duration corresponding to art. 62 and 67, it supports students, except those that have the opinion of the Medical Commission and the approval of the University Senate, according to the legal regulations.
Article 187 professional status graduates of undergraduate colleges is established by the Ministry of education, research and innovation together with the Ministry of labour, family and social protection, within 6 months after the publication of this law in the Official Gazette of Romania.
Article 188 academic Charter cannot be contrary to the provisions of the laws in force. Failure to comply with the laws in the content of the Charter law University attracts the nullity of that Act.
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Art. 189 was repealed by article item 45. 1 of law No. 268 of 13 June 2003, published in Official Gazette No. 430 of 19 June 2003.
Article 190 (1) this law shall enter into force 30 days after its publication in the Official Gazette of Romania). On the date of entry into force of this law shall repeal Law education and education no. 28/1978, as well as any other provisions contrary to this law.
(2) within 90 days of the publication of this law in the Official Gazette of Romania the Ministry of education, research and innovation developed regulations resulting from the application of this Act and establishes transitional measures.
— — — — — — — — — — — — — — — — — — — *) see and dates of entry into force of the normative acts modifying.
*) And see the EMERGENCY ORDINANCE nr. 123 of 8 October 2001 published in the Official Gazette No. 643 of 15 October 2001, which change the law properly. 84/1995 republished.
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Art. II of law No. 354 of 15 July 2004, published in Official Gazette No. 687 of 30 July 2004: "ART. (II)
In order to ensure the correct application of the principles of the new system of funding and administration of educational establishments in the entire educational system of the State primary, the provisions of this law shall be applied by stages, in the period September 2004 to December 2007, as follows: a) since September 2004, local and county councils, along with the county school inspectorates, the reorganization of the school network pass and boards of Directors of education in accordance with the provisions of art. 7 and art. 145 of Act No. 84/1995, republished, with subsequent amendments and additions. Changes in the structure of the school network will be implemented successively in September of 2004, 2005 and 2006;
b) within 60 days after the date of entry into force of this law, the Ministry of education and Research shall draft and submit to the Government the methodologies referred to in this law;
c) the Ministry of education and Research, in accordance with the collection provisions of this law, the national management training Program Directors of schools;
d) financing system of pre-university educational units; 167-170 and at art. 174 of the law nr. 84/1995, republished, with subsequent amendments and additions shall apply from the financial year 2005. Counties that applies the basic financing system in 2005 and 2006 the Government nominates decision. Also, the Government's decision is the date of application of this system in Bucharest. "
— — — — — — — — — — — — — — Annex has been removed by the sole article of Act No. 185 May 26, 2009, published in MONITORUL OFICIAL nr. 362 from May 29, 2009, rejecting an EMERGENCY ORDINANCE nr. 156 of 12 November 2008, published in MONITORUL OFICIAL nr. 778 of 20 November 2008.
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