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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071682/-lege-nr.-196-din-20-decembrie-1999-pentru-aprobarea-ordonanei-guvernului-nr.-87-1998-privind-nfiinarea-comisiei-de-evaluare-i-acreditare-a-nvmntului-.html

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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 published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 625 of 22 December 1999, the Romanian Parliament adopts this law.


Article 1 shall be subject to approval of the Government Ordinance No. 87 of 25 august 1998 concerning the establishment of the Commission on evaluation and accreditation of pre-university education, issued pursuant to art. 1 item 10 lit. d) of law No. 148/1998 on empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. 314 of 27 august 1998, with the following amendments and supplements: 1. Title of the Ordinance shall read as follows: "Ordinance on evaluation and accreditation of pre-university education" 2. After the preamble of the Ordinance shall be entered in section I, the following: "chapter I General provisions 3. Article 1 shall read as follows: Art. 1. — (1) In article 41(2). 106 and 148 of the law on education no. 84/1995, as amended *), he established the Ministry of National Education Commission national evaluation and accreditation of pre-university education.
— — — — — — — — — — — — * Note) Law No. 84/1995 was republished in the Official Gazette of Romania, part I, no. 606 of 10 December 1999.

(2) the national assessment and accreditation of pre-university education is directly subordinated to the Minister of national education.
  

(3) the national assessment and accreditation of pre-university education is composed of 21 members, teachers recognized by professional competence and moral probity, in the pre-university education accredited or with the approval of trust proposed by the school inspectorates, as well as professional bodies of the pre-university education, educational levels, dies, profiles and specialisations. The list of candidates shall be made public. Appeals shall be submitted to the Ministry of national education-Cabinet Minister within 15 days after the publication of the list. After appeals National Education Minister definitive list of candidates and approving by order.
  

(4) the national assessment and accreditation of pre-university education shall be renewed every 3 years, at the rate of two-thirds of its members, by a decision of the Minister of national education under the conditions of paragraph 1. (3) the term of Office of the President., Vice-President and Secretary is 4 years and shall be renewable once. A member can be part of the National Commission for the evaluation and accreditation of pre-university education for a period of not more than two consecutive terms.
  

(5) the Chairman, Vice-Chairman and Secretary of the National Commission for the evaluation and accreditation of pre-university education are appointed by the Minister of national education, on the proposal of its members.
  

(6) the revocation of the President, Vice-President or Secretary shall be carried out at the initiative of at least two thirds of the members of the Commission, by order of the Minister of national education. Other members of the Commission may be cancel by order of the Minister of national education. The completion of the Commission shall be made in the conditions of paragraph 1. (3) and (7) to upper secondary education and post-secondary Commission national evaluation and accreditation of pre-university education establishes its own evaluation committees from among its members. "
  

4. Article 2 shall read as follows: Art. 2.-at the level of counties and Bucharest city is constituted by committees of evaluation and accreditation of pre-university education, consisting of five members, for each level of education, specialization, and chain. These committees are led by a single Chairman, with the rank of deputy inspector general school, appointed by order of the Minister of national education, on the proposal of the inspector general and school with the opinion of the National Commission for the evaluation and accreditation of pre-university education. Component County commissions shall be established by the rules of organization and functioning of the National Commission for the evaluation and accreditation of pre-university education. Their members are appointed by the President from among the teachers in the field, included in the list approved by the national assessment and accreditation of pre-university education, including necessarily a school inspector or a school inspector for each Commission. List of teachers in the public domain is made through local media. Appeals to this list shall be submitted to the Cabinet of the inspector general school within 15 days from publication. After the appeals inspector general school definitive list of candidates and shall submit it to the Commission for an opinion by the National assessment and accreditation of Undergraduate Education. "
5. Article 3 shall read as follows: Art. 3.-National Commission evaluation and accreditation of pre-university education has a proper, consisting of 12 people. Your device is integrated in the structure of the Ministry of national education, over the number of workstations that have been approved in the organizational structure. The Commission shall be entitled to make use of external contributors, domain experts, paid according to the law. "
6. Article 4 shall read as follows: Art. 4.-National Commission of evaluation and accreditation of pre-university education, assessment and accreditation committees of pre-university education, respectively, of the District of Bucharest, operates on the basis of the framework regulation, approved by decision of the Government. "
7. After article 4 shall be inserted in chapter II, the following: "CHAPTER II powers of the National Commission for the evaluation and accreditation of pre-university education" 8. Article 5 shall read as follows: Art. 5. The main tasks of the Commission-the National Accreditation and Evaluation of pre-university education are: (a) criteria and standards) shall prepare national assessment and accreditation, specific to each phase of the process of evaluation and accreditation and update them regularly;
  

b) ensure control of methodological standards;
  

c) examines evaluation reports for authorization or accreditation for colleges and post-secondary schools and proposing to the Minister of national education trust authorization or accreditation;
  

d) check, under the regulation, the evaluation process carried out by the evaluation and accreditation of pre-university education, respectively, of the District of Bucharest;
  

e) organizes the control on compliance with the national standards of the education licence or with accreditation;
  

f) provide guidance and control commissions ' activity evaluation and accreditation of pre-university education, respectively, of the District of Bucharest;
  

g National Education Minister) proposes withdrawal of confidence or accreditation for educational units of high school and post-high school that does not meet national standards;
  

h draw up annual report) evaluation and accreditation of educational establishments, to be made public. "
  

9. are inserted after article 5, chapters III, IV and V with the following content: "CHAPTER III Procedures for the approval and accreditation article 3. 6.-the process of evaluation and accreditation of schools or kindergartens comprises two phases: a trusted authorization) that the right of establishment and operation of the unit in question to;
  

b) accreditation, which grant the respective unit all rights arising from the law.
  

Art. 7. — (1) the evaluation, authorization and accreditation gradinitelor, primary schools and secondary schools, and vocational training and apprentices are the jurisdiction of the county committees, namely the municipality of Bucharest, which are subordinated to the National Commission for the evaluation and accreditation of pre-university education.

(2) valuation, authorization and accreditation of colleges and post-secondary schools are within the competence of the National Commission for the evaluation and accreditation of pre-university education.
  

Art. 8. — (1) the authorization must be requested from the trust by natural or legal persons concerned for the establishment of a unit of Smithfield. They file the application and self-assessment report to the committees in addition to the school inspectorates.

(2) records shall be prepared according to the self-evaluation procedure laid down by the national assessment and accreditation of pre-university education.
  

(3) the procedure for authorisation of trust includes the following stages: the sub-commissions of the Commission) designated national evaluation and accreditation of pre-university education, county commissions and Bucharest, represented by their President, examines, as appropriate, the desirability or the intention of the self-assessment in relation to the criteria and minimum standards laid down for educational level, Department, or the respective specialisation profile;
  

b) on the basis of the report of the evaluation and accreditation committees of the pre-university education County, Bucharest, National Education Minister, inspector general of the school respectively, shall issue an order or, where appropriate, the decision to grant an authorization;
  

c) trust and Authorization Act establishing the educational unit.
  

Art. 9. — (1) For educational establishments to be set up after the entry into force of this Ordinance must be applied for accreditation after authorization of trust: a) not later than 4 years after, for kindergartens and primary schools;
  


b) after the first examination of the capacity for middle school;
  

c) after the first Baccalaureate exam, for high school;
  

d) after the first exam for graduation, for vocational schools, apprenticeship and post-secondary.
  

(2) the procedure for accreditation includes the following stages: a) interested units, on the basis of trust, they conducted activities of Smithfield, develop a self-report assessment criteria and standards approved by the Decree of the national Government. Self-evaluation report is attached to the application for accreditation and is forwarded to the Commission by the National assessment and accreditation of Undergraduate Education or, where appropriate, to the respective County commissions of Bucharest;
  

b) commissions and sub-commissions for evaluation and accreditation, as referred to in art. 1 (1). (7) and in article 8. 2, evaluation reports have been drawn up on the basis of self-evaluation report analysis and verification of standards corresponding to general criteria referred to in the law;
  

c) National Commission evaluation and accreditation of pre-university education, based on the evaluation reports of the subcommittees subordinate, National Education Minister proposes granting or, where appropriate, refusal of accreditation for each post-primary unit with post-secondary or clandestine, profiles and their respective specializations. Reports of subcommittees assessment constitute public records, with all the consequences provided for by law; on the basis of the report of the National Commission for the evaluation and accreditation of pre-university education National Education Minister grant, by order, the requesting units, colleges and post-secondary schools, accreditation for each Department, profile and specialization;
  

d) evaluation and accreditation committees of pre-university education, respectively, of the District of Bucharest, on the basis of the assessment report drawn up proposing school inspector general grant or, where appropriate, refusal of accreditation for each level of education or profession; on the basis of the Commission's report to the respective District of Bucharest, school inspector general grant, the applicant units, nursery schools, primary schools and secondary vocational schools, apprenticeship and accreditation for each level of education and job skills.
  

Art. 10.-Educational Establishments which have received authorisation from the trust are entitled to hire and promote teaching staff, administrative and auxiliary teaching according to the law.
Art. 11. upper secondary education-Establishments and accredited post-secondary are subject to periodic, of 5 in 5 years, the assessment by the national assessment and accreditation of pre-university education. In the event of an unfavorable report, the Ministry of national education educational unit warns of the level of education, specialization, chain or in the case of and, a year later, on the basis of a new negative assessment, by order of the Minister of national education shall terminate enrollment at educational level, Department, or the specialization profile, starting with the first year of tuition. 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 education.
Art. 12.-the procedure specified in article 13. 11 apply properly gradinitelor, the primary and secondary schools, vocational schools and apprenticeship by the boards of evaluation and accreditation of pre-university education, respectively, of the District of Bucharest. In the event of a negative report, the School Inspectorate warns that unit and after one year, under a new ratings with negative results from a decision of the inspector-general shall terminate school enrollment beginning with the first year and transfer students in preschool or other educational facilities.
CHAPTER IV Financing of evaluation and accreditation article 3. 13.-(1) the expenses relating to the organisation and functioning of the National Commission for the evaluation and accreditation of pre-university education, as well as subordinate subcommittees are listed in their own budget, which is entered in the budget of the Ministry of national education.

(2) natural or legal persons, interested in organizing and carrying out an activity of Smithfield, payable at the date of the application for authorisation or accreditation fees for each phase of the accreditation procedure for each educational level and profile, in the amount of 10 monthly salaries of the kindergarten teachers, teacher or Professor, appropriate, public education with seniority.
  

(3) natural or legal persons, interested in the Organization and functioning of schools, high schools and post-secondary fee referred to in paragraph 1 shall be lodged. (2) together with the Commission's self-assessment, on behalf of evaluation and accreditation National pre-university education.
  

(4) natural persons or legal entities interested in the Organization and operation of the gradinitelor, primary schools and secondary schools, and vocational training and apprenticeship, they submit the fee referred to in paragraph 1. (2) once with the self-evaluation, into a special account opened by the school inspectorates. Those funds are reallocated between the school inspectorate and the Ministry of national education, in accordance with the regulations established by order of the Minister of national education.
  

(5) Funds resulting from these taxes is managed under the budget and are used to finance the expenditure relating to the National Commission for the evaluation and accreditation of pre-university education, of subcommittees subordinate County commissions, as well as the municipality of Bucharest.
  

Art. 14. — (1) For private preschool education mandatory, notwithstanding the provisions of article 4. 13(2). (2) the fee is 50% of the rate fixed.

(2) for State education costs of evaluation and accreditation procedures shall be chargeable at the rate of 50% of the budget of the Ministry of national education and 50% of local budgets.
  

(3) balances at year-end, derived from the fees mentioned in art. 13(2). (2), shall be carried over to the next year with the same destination and include in the budget of income and expenditure.
  

Chapter V transitional and final Provisions Art. 15. upper secondary education-Establishments and post-secondary admission and can be arranged may continue teaching activity at the clandestine, profiles and specialisations for having obtained the authorization or accreditation.
Art. 16. recognizes the validity of Accreditation-the whole of the activities undertaken by the unit of Smithfield until the date of its grant.
Art. 17.-the National Commission Reports on evaluation and accreditation of pre-university education, as well as county commissions reports, Bucharest, are brought to the knowledge of the educational units which have been subject to the procedure of evaluation and accreditation. Order of the Minister of national education concerning the accreditation of schools and post-secondary vocational education will be published in the Official Gazette of Romania, part I. Decisions on accreditation gradinitelor, primary schools and secondary vocational schools and apprenticeship are made public at the local level. Continuing activity of schools or kindergartens under conditions other than those laid down in the Education Act No. 84/1998 and from this Ordinance attracts legal liability of those culprits.
Art. 18. The National Commission President-evaluation and accreditation of pre-university education as a function is equated with the Director general of the Ministry of national education. The functions of the Vice President and Secretary of the Commission shall be regarded as equivalent to the post of director in the Ministry of national education. Their payroll is done according to the law. Members of the National Commission for the evaluation and accreditation of pre-university education and members of the subcommittees shall receive a monthly allowance, calculated in relation to the basic salary provided for the position of teacher degree, with the old maxima, depending on our workload, compensation is established by order of the Minister of national education. The same provision applies accordingly for the County Commissioners, and the municipality of Bucharest.
Art. 19.-State Educational Establishments in operation at the date of entry into force of this Ordinance shall be deemed approved and obey only the assessment procedure, according to art. 11 and 12.
Art. 20.-Appeals on acts of approval or accreditation is addressed, where appropriate, school inspector general, President of the National Commission of respectively the assessment and accreditation of Undergraduate Education or the Minister of education and national resolve according to art. 5 letter d). National Education Minister belongs to the Decision and it is final. "


Article 2 within 60 days of the date of publication of this law in the Official Gazette of Romania the Ministry of national education will work out detailed rules for the implementation of the Convention.
This law was adopted by the Senate at its meeting on 15 November 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. PRESIDENT of the SENATE, DANIELS T this law was adopted by the Chamber of deputies at its meeting on November 16, 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, YONATAN GA — — — — — — — — —