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Law No. 196 Of 20 December 1999 Approving Ordinance No. 87/1998 On The Establishment Of The Commission Of Evaluation And Accreditation Of Pre-University Education

Original Language Title:  LEGE nr. 196 din 20 decembrie 1999 pentru aprobarea Ordonanţei Guvernului nr. 87/1998 privind înfiinţarea Comisiei de Evaluare şi Acreditare a Învăţământului Preuniversitar

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LEGE no. 196 196 of 20 December 1999 for approval Government Ordinance no. 87/1998 on the establishment of the Evaluation and Accreditation Commission for Pre-University Education
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 625 625 of 22 December 1999



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 87 87 of 25 August 1998 on the establishment of the Commission for the Evaluation and Accreditation of Pre-University Education, issued under art. 1 1 section 10 lit. d) of Law no. 148/1998 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 314 of 27 August 1998, with the following amendments and additions: 1. The title of the ordinance shall read as follows: "" Ordinance on evaluation and accreditation of pre-university education " 2. After the preamble of the ordinance, Chapter I is inserted with the following title: "" CHAPTER I General provisions ' 3. Article 1 shall read as follows: "" Art. 1. --(1) Based on art. 106 and 148 of the Education Law no. 84/1995 , as amended *), the National Commission for the Evaluation and Accreditation of Pre-University Education is established in addition to the Ministry of National Education. ------------ Note * *) Law no. 84/1995 was republished in the Official Gazette of Romania, Part I, no. 606 606 of 10 December 1999. (2) The National Commission for Evaluation and Accreditation of Pre-University Education is directly subordinated to the Minister of National Education. (3) The National Commission for Evaluation and Accreditation of Pre-University Education consists of 21 members, teachers recognized by professional competence and moral probity, from accredited pre-university education or with reliable authorization, proposed by school inspectorates, as well as by professional bodies of pre-university education, on levels of education, spinning, profiles and specializations. The list of candidates shall be published. Appeals are submitted to the Ministry of National Education-the minister's office-within 15 days of the publication of the list. After the appeals are resolved the Minister of National Education completes the list of candidates and approves it by order. (4) The National Commission for Evaluation and Accreditation of Pre-University Education is renewed every 3 years, two thirds of the number of its members, by decision of the Minister of National Education, under the conditions of par. ((3). The term of office of the President, Vice President and Secretary is 4 years and may renew only once. A member may be part of the National Commission for the Evaluation and Accreditation of Pre-University Education for a period of no more than two terms. (5) The President, the Vice-President and the Secretary of the National Commission for the Evaluation and Accreditation of Pre-University Education shall be appointed by the Minister of National Education, (6) Revocation of the President, the Vice-President or the Secretary shall be made on the proposal of at least two thirds of the number of the members of the commission by order of the Minister The other members of the commission can be revoked by order of the Minister of National Education. The completion of the commission is made in the ((3). (7) For high school and post-secondary education the National Commission for Evaluation and Accreditation of Pre-University Education shall establish its own evaluation subcommittees, among its members. " 4. Article 2 shall read as follows: "" Art. 2. -At the level of the counties and the city of Bucharest there are commissions for evaluation and accreditation of pre-university education, consisting of 5 members, for each level of education, branch, profile and specialization. These commissions are led by a single president, with the rank of deputy general school inspector, appointed by order of the Minister of National Education, on the proposal of the general school inspector and with the opinion of the National Assessment and Accreditation Commission of Pre-university Education. The composition of the county commissions is established by the Regulation of organization and functioning of the National Commission for Evaluation and Accreditation of Pre-University Education. Their members are appointed by the president among the teachers in the field, included in the list endorsed by the National Commission for Evaluation and Accreditation of Pre-University Education, necessarily including a school inspector or a Specialist school inspector for each committee. The list of teachers in the field is made public through the local press. Appeals to this list shall be submitted to the general school inspector's office within 15 days of publication. After solving the appeals the general school inspector completes the list of candidates and submits it for approval to the National Commission for Evaluation and Accreditation of Pre-University Education. " 5. Article 3 shall read as follows: "" Art. 3. -The National Commission for Evaluation and Accreditation of Pre-University Education has its own apparatus, consisting of 12 people. The own device is integrated into the structure of the Ministry of National Education, above the number of posts approved in the organizational The Commission has the right to use external collaborators, specialists in the field, remunerated according to the law. " 6. Article 4 shall read as follows: "" Art. 4. -The National Commission for Evaluation and Accreditation of Pre-University Education, the commissions for evaluation and accreditation of the county pre-university education, respectively of the city of Bucharest, operates on the basis of the framework regulation, approved by Government decision. " 7. the following Chapter II shall be inserted after Article 4: "" CHAPTER II Tasks of the National Commission for Evaluation and Accreditation of Pre-University Education " 8. Article 5 shall read as follows: "" Art. 5. -The main tasks of the National Commission for Evaluation and Accreditation of Pre-University Education are: a) develop the national evaluation and accreditation criteria and standards, specific to each phase of the evaluation and accreditation process and periodically update them; b) ensure methodological control of the fulfilment of national standards; c) analyze the evaluation reports for the granting of reliable authorization or for accreditation of high schools and post-secondary schools and propose to the Minister of National Education the granting of reliable authorization or accreditation; d) check, under the conditions provided for by the regulation, the evaluation process carried out by the commissions for evaluation and accreditation of the county pre-university education, respectively of the city e) organize the control on compliance with national standards by educational establishments with reliable authorization or with accreditation; f) ensure the guidance and control of the activity of evaluation and accreditation commissions of the county pre-university education, respectively of the city of Bucharest g) proposes to the Minister of National Education the withdrawal of the reliable authorization or accreditation for high school and post-secondary education units that do not comply with national standards; h) elaborates the annual evaluation and accreditation report of the pre-university education units, which is made public. " 9. After Article 5, chapters III, IV and V are inserted as follows: "" CHAPTER III Procedures for the authorisation of trust and accreditation Article 6. -The evaluation and accreditation process of the pre-university education units includes two phases: a) the authorization of trust, which grants the right of organization and provisional operation of the respective unit; b) accreditation, which grants the respective unit all the rights arising from the law. Article 7. -(1) The evaluation, the granting of reliable authorization and the accreditation of kindergartens, primary and secondary schools, as well as of vocational schools and apprentices are the competence of the county commissions, respectively of the city of Bucharest, located in subordinated to the National Commission for Evaluation and Accreditation of Pre-University Education. (2) The evaluation, the granting of a reliable authorization and the accreditation of high schools and post-secondary schools are within the competence of the National Commission for Evaluation and Accreditation of Pre-University Education. Article 8. -(1) The authorized authorization must be requested by the natural or legal persons concerned for the establishment of a pre-university educational establishment. They submit the application and self-assessment report to the committees of the school inspectorates. (2) The self-assessment files shall be drawn up according to the procedure established by the National Commission for Evaluation and Accreditation of Pre-University Education. (3) The procedure for granting a reliable authorisation shall include the following steps: a) the subcommittees designated by the National Commission for Evaluation and Accreditation of Pre-University Education, respectively by the county commissions and the city of Bucharest, constituted by their president, analyze, as the case may be, the opportunity or the intention from the self-assessment file in relation to the criteria and the minimum standards provided for the level of education, the branch, the respective profile or specialization; b) based on the report of the evaluation and accreditation commissions of the county pre-university education, respectively of the city of Bucharest, the minister of national education, respectively the general school inspector, issues an order or, as the case may be, reliable authorization; c) the trust authorization is also the act of establishment of the educational establishment. Article 9. -(1) For educational establishments to be established after the entry into force of this ordinance, the accreditation must be requested after the granting of the authorization of confidence, as follows: a) after no more than 4 years, for kindergartens and primary schools; b) after the first capacity examination, for secondary school; c) after the first baccalaureate exam, for high school; d) after the first graduation exam, for vocational schools, apprentices and post-secondary schools. (. The accreditation procedure shall include the following steps: a) the interested units that, based on the reliable authorization, carried out pre-university education activities, develop a self-assessment report based on the evaluation criteria and national standards approved by Government decision. The self-assessment report shall be attached to the application for accreditation and shall be submitted to the National Commission for Evaluation and Accreditation of Pre-University Education or, as the case may be, to the county commissions, respectively of the city b) the commissions and subcommittees of evaluation and accreditation, provided in art. 1 1 para. ((7) and in art. 2 2, draw up evaluation reports on the basis of the analysis of the self-assessment report and the verification of the fulfilment of the standards corresponding to the general criteria c) The National Commission for Evaluation and Accreditation of Pre-University Education, based on the evaluation reports of subordinate subcommittees, proposes to the Minister of National Education the granting or, as the case may be, failure to grant accreditation, for each unit of high school or post-secondary education, with the respective branches, profiles and specializations. The reports of the evaluation subcommittees constitute public documents, with all the consequences provided by law; based on the report of the National Commission for Evaluation and Accreditation of Pre-University Education the Minister of National Education grants, by order, demanding units, high schools and post-secondary schools, accreditation for each branch, profile and specialization; d) the commissions for evaluation and accreditation of the county pre-university education, respectively of the city of Bucharest, on the basis of the evaluation report drawn up, propose to the general school inspector the granting or, as the case may be, each level of education or profession; based on the report of the county commission, respectively of the city of Bucharest, the general school inspector grants, by decision, the requesting units, kindergartens, primary and secondary schools, vocational schools and apprentices, accreditation for each level of education and trade. Article 10. -The educational establishments that have received the reliable authorization have the right to hire and promote teaching, auxiliary and administrative staff, under the law. Article 11. -The accredited high school and post-secondary education units are subject periodically, from 5 to 5 years, to the evaluation by the National Commission for Evaluation and Accreditation of Pre-University Education. In the event of an unfavorable report, the Ministry of National Education warns the educational unit about the level of education, branch, profile or specialization in question and, after one year, based on a new assessment with negative result, by The order of the Minister of National Education is ordered to end schooling at the level of education, branch, profile or specialization in question, starting with the first year of schooling. Students will be transferred to other educational establishments, with the consent of the county school inspectorate or, as the case may be, by order of the Minister of National Article 12. -Procedure provided for in art. 11 applies accordingly to kindergartens, primary and secondary schools, vocational schools and apprentices by the evaluation and accreditation committees of the county pre-university education, respectively of the city of Bucharest. In the event of a negative report, the school inspectorate warns that unit and, after one year, based on a new assessment with negative result, the decision of the general school inspector is ordered to end schooling starting with the first year of education and transfer of preschoolers or students to other educational establishments. CHAPTER IV Financing of evaluation and accreditation activity Article 13. --(1) The expenses related to the organization and functioning of the National Commission for the Evaluation and Accreditation of Pre-University Education, as well as subordinate subcommittees are provided in their own budget, entered in the budget of the Ministry National Education. (2) Natural or legal persons, interested in the organization and conduct of a pre-university education activity, shall pay at the date of submission of the application for reliable authorization or accreditation a fee for each phase of the procedure of accreditation, for each level of education and profile, in the amount of 10 gross monthly salaries of educators, teacher or teacher, as the case may be, from state education, with maximum seniority. (3) The natural or legal persons, interested in the organization and functioning of the high school and post-secondary education units, shall submit the fee provided in par. (2), with the self-assessment file, on the account of the National Commission for Evaluation and Accreditation of Pre-University Education. (4) Natural or legal persons, interested in the organization and functioning of kindergartens, primary and secondary schools, as well as vocational schools and apprentices, shall submit the fee provided in par. ((2), with the self-assessment file, in a special account opened by the school inspectorates. These funds redistribute between the school inspectorate and the Ministry of National Education, according to regulations established by order of the Minister of National Education. (5) The funds resulting from these taxes shall be managed in extra-budgetary procedure and shall be used to finance the expenses related to the National Commission for the Evaluation and Accreditation of Pre-University Education, subordinate subcommittees, as well as county commissions, respectively of the city of Bucharest. Article 14. -(1) For pre-school and compulsory private education, by exception to the provisions of art. 13 13 para. ((2), the fee provided shall be 50% of the fixed amount. (2) For state educational establishments the costs of evaluation and accreditation procedures shall be borne by 50% of the budget of the Ministry of National Education and 50% of the local budgets. ((3) The balances at the end of the year, from the taxes referred to in art. 13 13 para. (2), shall be carried over to the following year by the same destination and shall be included in the revenue and expenditure budget. CHAPTER V Transitional and final provisions Article 15. -The high school and post-secondary education units can organize the admission and continue the educational activity at the branches, profiles and specializations for which they have obtained reliable authorization or accreditation. Article 16. -Accreditation recognizes the validity of the entire activity carried out by the pre-university education unit until the date of its granting. Article 17. -The reports of the National Commission for Evaluation and Accreditation of Pre-University Education, as well as the reports of the county commissions, respectively of the city of Bucharest, are brought to the attention of the educational units that have undergone the evaluation and accreditation. The order of the Minister of National Education on the accreditation of high school and post-secondary education units will be published in the Official Gazette of Romania, Part I. Decisions on accreditation of kindergartens, primary and secondary schools, schools professional and apprentices are made public at the local level. Continuation of the activity of pre-university education units under conditions other than those provided by the Education Law no 84/1998 and the present ordinance attracts the legal liability of the guilty. Article 18. -The President of the National Commission for Evaluation and Accreditation of Pre-University Education is equated as a position with the Director General of the Ministry of National The positions of vice president and secretary of the commission are equated with the position of director in the Ministry of National Education Their pay is made according to the law. The members of the National Commission for Evaluation and Accreditation of Pre-University Education, as well as the members of the subcommittees benefit from a monthly allowance, calculated in relation to the basic salary provided for the position of first degree teacher, with seniority maximum, depending on the volume of work provided, allowance established by order of the Minister of National Education. The same provision is applied accordingly for the members of the county commissions, respectively of the city of Bucharest. Article 19. -The state educational establishments in operation on the date of entry into force of this ordinance are considered accredited and subject only to the evaluation procedure, according to art. 11 11 and 12. Article 20. -The appeals regarding the authorization or accreditation documents are addressed, as the case may be, to the general school inspector, respectively to the President of the National Commission for Evaluation and Accreditation of Pre-University Education or the Minister of Education national and shall be settled according to art. 5 lit. d). The decision belongs to the Minister of National Education and is final + Article 2 Within 60 days from the date of publication of the present law in the Official Gazette of Romania the Ministry of National Education will develop the methodological norms of application. This law was adopted by the Senate at its meeting of 15 November 1999, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of November 16, 1999, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, ACSINTE GASPAR ----------