Advanced Search

Law No. 354 Of 15 July 2004 On Modification And Completion Of The Law On Education No. 84/1995

Original Language Title:  LEGE nr. 354 din 15 iulie 2004 pentru modificarea şi completarea Legii învăţământului nr. 84/1995

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 354 354 of 15 July 2004 to amend and supplement Education Law no. 84/1995
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 687 687 of 30 July 2004



The Romanian Parliament adopts this law + Article I Education Law no. 84/1995 , republished in the Official Gazette of Romania, Part I, no. 606 of 10 December 1999, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 7, paragraph 8 shall read as follows: "(8) Educational institutions and educational establishments with at least 200 students or with a minimum of 100 preschoolers are public institutions with legal personality." 2. in Article 7, after paragraph 8, two new paragraphs, paragraphs 9 and 10 shall be inserted, with the following contents: " (9) Educational units with a number of less than 200/100 students/preschoolers shall be organized/reorganized within educational establishments with legal personality subordinated to the same principal authorising officer, as structures of to them. (10) Exceptionally, on the basis of the criteria included in the Regulation on the organization and functioning of state pre-university education units, the local public administration authorities may approve, with the opinion of the Ministry of Education and Research, functioning as legal entities of units with a number of less than 200/100 students/pre-schoolers. " 3. In Article 24, letter c) of paragraph (1) shall read as follows: "c) vocational branch with military profiles, public order and security, theological, sports, artistic and pedagogical." 4. The title of Chapter X of Title II shall read as follows: "" CHAPTER X Military education and public order and security education " 5. Article 97 shall read as follows: "" Art. 97. -(1) Military education and public order and security education is state education, an integral part of the national education system, and includes: high school education, post-secondary education for the training of military foremen, Police officers and officers, university education for the training of officers, police officers and other specialists, postgraduate education. (2) The improvement of the training of military personnel and police personnel is carried out in distinct educational institutions. (3) The provisions on military education and education of pre-university public order and security shall also apply to pre-university education in the field of transport. " 6. Article 98 shall read as follows: "" Art. 98. -The organizational structure, profiles, specializations, annual tuition figures, criteria for selection of candidates for military education and public order and security education are established by the Ministry of National Defence, Ministry of Administration and Interior, Ministry of Justice, Romanian Intelligence Service and other institutions with attributions in the field of defense, public order and national security, according to the specificity of each weapon, specializations, level and form organizing education, with the opinion of the Ministry of Education and Research. " 7. Article 99 shall read as follows: "" Art. 99. -The educational plans for high school, post-secondary and military higher education, public order and security, are elaborated by the Ministry of National Defence, the Ministry of Administration and Interior, the Ministry of Justice, the Romanian Service Information and other institutions with powers in the field of defence, public order and national security and shall be endorsed by the Ministry of Education and Research. " 8. Article 100 shall read as follows: "" Art. 100. -Certificates of graduation and professional skills, respectively graduation and bachelor's degrees issued by military education and public order and security education institutions, as well as scientific titles obtained, give the right of legal holders, after the termination of service relations with the institution in the field of defence, public order and national security, under the law, to the equivalence of studies and diplomas with those of graduates of civil institutions of education with close profile, of the same level. " 9. Article 101 shall read as follows: "" Art. 101. -The educational process in military educational establishments and institutions, as well as in those of public order and security of all levels, is carried out in Romanian. Admission to these establishments and institutions may also be carried out in the language of national minorities. " 10. Article 102 shall read as follows: "" Art. 102. -For the application of the provisions of the present law to the specifics of military education and public order and security education, the Ministry of National Defence, the Ministry of Administration and Interior, the Ministry of Justice, Information and other institutions with powers in the field of defence, public order and national security may issue their own orders, regulations and instructions. " 11. Paragraph 3 of Article 117 shall be repealed. 12. In Article 140, paragraph 2 shall read as follows: " (2) For the exercise of its duties, the Ministry of Education and Research shall constitute expert structures and shall be supported by advisory bodies, at national level, composed on criteria of professional and moral prestige: Education Reform, National Council for Attestation of University Titles, Diplomas and Certificates, National Council for Higher Education Funding, National Council for the Financing of Pre-University Education, Council National of Scientific Research in Higher Education, The National Council of Libraries, the National Council for Training and Continuous Education, the national specialized committees on disciplines and the managerial structures of the reform programs. The composition of councils and their operating regulations are approved by order of the Minister of Education and Research. In the exercise of his duties, the Ministry of Education and Research consults, as the case may be, the national scientific societies of teachers, representative trade union federations at branch level, associative structures of the local public administration, as social partners, and student and student organizations, recognized nationally. " 13. Article 145 shall read as follows: "" Art. 145. -(1) The pre-university education unit is headed by the board of directors. (2) The director of the educational establishment is the chairman of the board (3) The director shall exercise the executive management of the educational establishment, in accordance with the responsibilities and powers conferred by the law, with the decisions and decisions of the local councils and with the decisions of the board of directors of the unit In the management activity the director is helped, as the case may be, by the deputy director and relies on the teaching board and on the school board. (4) The teaching council of the educational establishment, with a decision-making role in the educational-educational field, consists of the teaching staff of the respective unit and is chaired by the director. (5) The councils referred to in par. (1) and (4) operate on the basis of regulations developed by the Ministry of Education and Research, with consultation of representative trade union federations in education and associative structures of local public administration authorities. (6) The board of directors of the educational establishment, with decision-making role in the administrative field, consists of the director, deputy director, representative of the local council, representative of the mayor, representatives of the parents, 1-5 representatives of teachers, representative of economic agents and a representative of students, for the upper secondary school. (7) The occupation of the director and deputy director shall be made following the winning of the competition, carried out on the basis of the criteria of professional and managerial competence, with the advisory opinions of the board of directors and of the local council. The methodology of the competition is established by the Ministry of Education and Research and approved by order of the (8) The directors of the pre-school educational establishments, of the secondary education units and of the educational units with grades I-X are appointed, following the winning of the competition, by the general school inspector, for a period of 4 years. (9) The directors of the units in high school, post-secondary education and arts and crafts schools are appointed, following the winner of the contest, by order of the Minister of Education and Research, at the proposal of the general school inspector, for a period years. (10) The directors of the units intended for extracurricular activities are appointed by the Minister of Education and Research, to the units directly subordinated to the Ministry of Education and Research, and by the general school inspector, to the units under the school inspectorate. ' 14. In Article 166, paragraphs (3), (4), (4 ^ 1)-(4 ^ 4) and (5)-(9) shall read as follows: " (3) The material basis related to the training and education process, provided in par. (2) and made from state funds or from the fund of state institutions and enterprises in the period before December 22, 1989 shall be reintegrated without payment in the patrimony of the Ministry of Education and Research, institutions and educational and university scientific research units and, as the case may be, in the public domain of communes, cities, municipalities, respectively of the sectors of Bucharest, of the county councils and of the General Council of the Municipality Bucharest, with the exception of goods that have been owned by private economic agents . Surrender-taking is done on a protocol basis. Under the same conditions it reintegrates without payment and the buildings that, according to art. 20 20 para. 2 2 of Law no. 15/1990 on the reorganization of state economic units as autonomous kings and commercial companies, as amended, have passed into the patrimony of some companies, regardless of the status of their social capital. The reintegration is done on the basis of pre-takeover protocol. Fair indemnity is granted, for each case, by Government decision, at the proposal of the Ministry of Education and Research and the Ministry of Public Finance, within 60 days from the date of signing the takeover-takeover protocol. The amount of compensation shall be determined within 30 days from the date of signature of the takeover-takeover protocol, by an evaluation committee made up of representatives of the Ministry of Education and Research, the Ministry of Administration and Internals, Ministry of Transport, Construction and Tourism and of the Ministry of Public Finance, constituted by joint order. (4) The material basis of the higher education institutions of state and university scientific research is rightfully their property. The Ministry of Education and Research is empowered to issue certificates of attestation of the right of ownership for higher education and scientific research institutions, based on the documentation submitted by them. (4 ^ 1) The lands and buildings in which the state pre-university education units operate-kindergartens, general schools, primary and secondary schools, high schools, theological seminars, school groups, arts and crafts schools and post-secondary schools -are part of the public domain of communes, cities and municipalities, respectively of the sectors of Bucharest, and are in the administration of local councils of communes, cities and municipalities, respectively of the sectors of Bucharest, in whose territorial area they operate, by delegation to the boards of directors of educational establishments. The other components of the material base are rightfully the property of state pre-university education units and are managed by them. They are not part of the public domain of communes, cities and municipalities, respectively of the sectors of Bucharest, land and buildings owned by educational establishments on the basis of rental, concession or concussion contracts, their owners being other natural or legal persons. (4 ^ 2) The lands and buildings in which the state special educational units operate are part of the county public domain, respectively of the city of Bucharest, and are in the administration of the county council, respectively of the councils local sectors of the Bucharest municipality, in whose territorial area they operate, by delegation to the boards of the respective educational units. The other components of the material base of the public special education units are rightfully the property of the respective educational establishments and are administered by them. ((4 ^ 3) The change of destination of the material base of institutions and units of pre-university education can be achieved only with the assent of the Minister of Education and Research The alienation or change of destination of goods from the material basis of education without the opinion of the Minister of Education and Research constitutes a criminal offence and is punishable Acts of alienation or change of destination of goods from the material basis of education without the assent of the Minister of Education and Research are void. Administration of the educational process from the pre-university and state special education units provided in par. (4 ^ 1) and (4 ^ 2) are made by the county school inspectorates, respectively by the School Inspectorate of Bucharest Municipality. (4 ^ 4) The lands and buildings in which the school inspectorates operate, the houses of the teaching staff, the palaces and clubs of children and students, the school sports clubs, the centers and offices of psycho-pedagogical assistance, the centers logopedics, school offices, as well as other units under the Ministry of Education and Research, whose current and capital expenditures are financed from the state budget, are part of the public domain of the state and are administered by Ministry of Education and Research, through county school inspectorates and through delegation to the boards of these units. The other components of the material base are the property of the respective units and institutions and are managed by them. (5) The constructions and land related to the educational process can only be transferred with the approval of the Government, at the proposal of the Minister of Education and Research, without payment and only in the public interest. ((6) The rental of goods, including temporarily available land, in the patrimony of state higher education institutions or in their administration, can be made on a contract basis, concluded in accordance with the legal provisions, with annual review. The goods, including land under the administration of state pre-university education units, temporarily available, can be rented on a contract basis, concluded in accordance with the legal provisions, with its annual review, only in compliance with the methodology established by the Ministry of Education and Research The rental of goods, including land, under the conditions provided for in the preceding paragraphs shall be made with priority for educational activities. (7) The holders of goods referred to in par. (3) and (4) to be reintegrated into the patrimony of education are obliged to provide the powers of the Ministry of Education and Research, local councils or county councils, as the case may be, all documents attesting the property, as well as the documents required for registration in the accounting records. (8) The Ministry of Education and Research and, as the case may be, the county councils, the General Council of the Municipality of Bucharest or the local councils shall act in justice, by their respective powers, legal or natural persons protocols and handover of property documents. These shares are exempt from stamp duty. ((9) Registration of ownership of immovable property belonging to the Ministry of Education and Research or institutions and educational and scientific research units in the state education system, as well as on goods belonging to the local, county and, respectively, the General Council of the Municipality of Bucharest, in which the state pre-university education units operate, is made, as the case may be, in the register of inscriptions and transcripts, in land books or in land advertising books, with exemption from payment taxes provided by law. " 15. Article 166 (10) shall be repealed. 16. Article 167 shall read as follows: "" Art. 167. -(1) The state pre-university education units function as units financed by funds allocated through the local budgets of the administrative-territorial units in whose radius they operate, from the state budget and from other sources, according to law (2) The financing of the state pre-university education units includes: basic funding and complementary funding. (3) Basic funding ensures the normal conduct of the educational process at pre-university level, according to national standards. The basic funding is ensured through the local budgets of the administrative-territorial units of which the educational units belong, from the amounts broken down from some income of the state budget and from other incomes of the local budgets. (4) The complementary financing shall provide for capital expenditure, social expenditure and other expenditure associated with the educational process. Complementary funding is provided from local budgets and other sources, according to the law. (. The basic financing shall include the following categories of expenditure: a) personnel expenses; b) material expenses and services; c) expenses with professional improvement, except for the expenses that are borne from the state budget. (6) The complementary financing shall include the following categories of expenditure: a) consolidations, investments and capital repairs; b) subsidies for boarding schools and school canteens; c) expenses for the organization of national assessments, simulations and exams of students, except for the expenses that are borne from the state budget; d) expenses with students ' scholarships; e) expenses for student transport; f) expenses for the commute, namely the six railway trips provided by law, for auxiliary teaching and teaching staff; g) expenses for periodic compulsory medical examination of employees in state pre-university education, except those who, according to the law, are carried out free of charge; h) expenses for school competitions and educational, cultural-artistic, sports, tourist activities. (7) The basis for calculating the funds allocated to the educational units through and from the local budgets, for the basic funding, is the standard cost per student/pre-school. The standard cost per student/preschool is determined, for each level of education, branch, profile, specialization/field, depending on the number of legally constituted posts/chairs, teaching language, other indicators specific to the activity of education, the quality of the education and training process, the institutional management, the specificity of the training and the urban/rural environment. (8) The determination of the standard cost per student/preschool shall be made by the National Council for the Financing of Pre-University Education, based on the indicators mentioned in par. (7), according to the methodological norms developed by the Ministry of Education and Research and approved by Government decision. The standard cost per student/preschool is approved by the Ministry of Education and Research, in consultation with the social partners and associative structures of the local public administration authorities. (9) The allocation of funds for the basic funding of the educational establishment is based on a financing formula, which takes into account the standard cost per student/pre-school, the number of students/preschoolers in the educational establishment, as well as the correction dependent on the density of students in the area, the severity of disadvantages and other factors. (10) The financial allowance established as part of the basic funding for a student/pre-school shall be allocated to the educational establishment in which the student is enrolled. (11) The complementary financing is made from the local budget, in relation to the needs of the state pre-university education unit, on its proposal, and it is provided, as a priority, as the case may be, in the own budget of the commune, the sectors of Bucharest, Bucharest and the county. Its level is established on the basis of funding programs substantiated by educational establishments, depending on the extent of the needs and funding possibilities of the principal authorising officer. (12) State pre-university education units can obtain their own income. They do not diminish basic funding and complementary funding. State pre-university education units can organize activities fully funded from their own income, approved by decision of the board of directors. (13) Basic funding and complementary funding of educational establishments shall be made on a contractual basis, drawn up according to the methodological norms for the financing of pre-university education, concluded between the director of the educational establishment pre-university and the mayor of the locality in whose territorial area the educational establishment is located. The contract shall be concluded within 30 days from the date of approval of the local budget. The amounts of basic funding and complementary funding shall be entered in the revenue and expenditure budget. (14) The revenue and expenditure budget shall be drawn up annually, by each state pre-university education unit, according to the methodological norms for financing pre-university education, approved and executed according to the legal provisions in vigor. (15) The director of the state pre-university education unit is a tertiary authorising officer. ((16) The annual accounts resulting from the implementation of the revenue and expenditure budget of activities fully financed by own revenue shall be carried over to the following year and shall be used with the same destination or, with the approval of the Management Board, shall be used to finance other expenditure of educational establishments. (17) From the state budget, through the budget of the Ministry of Education and Research, the following expenses related to pre-university education units, including for special education: a) the local component related to ongoing projects, co-financed by the Romanian Government and international financial bodies, as well as the repayments of external credits related to the respective projects; b) scholarships for students from the Republic of Moldova, as well as scholarships for foreign students and ethnic Romanians outside the country's borders; c) organization of national assessments, simulations and examinations; d) improvement of the professional training of teachers and auxiliary teachers, as well as the organization of national exams for filling teaching positions; e) school textbooks for compulsory education and for students with material difficulties in high school and arts and crafts education; f) financing, on the basis of Government decisions, annual or multiannual programs of investments, modernization and development of the material base of public institutions of state pre-university education, including consolidations and rehabilitation of schools and endowments; g) financing of national social protection programmes, established by specific regulations; h) funding for the organization, for students, of competitions on educational objects and on trades, technical-applicative, scientific, creative, competitions and cultural-artistic festivals, championships and school sports competitions, with participation national and international, as well as international Olympiads on educational objects. ((18) Financing of expenditure on school inspectorates, teaching staff houses, palaces and clubs of children and pupils, psycho-pedagogical assistance centres and offices, speech centres, school offices, sports and school clubs ensure from the state budget through the budget of the Ministry of Education and Research (19) The financing of the current and capital expenditures of the special education units is provided from the budget of the county council, respectively of the sectors of Bucharest, and from the state budget. (20) The County Council/General Council of Bucharest provides funds for the organization and conduct of Olympiads and county school competitions/of the city of Bucharest. (21) The county council, respectively the General Council of the Municipality of Bucharest, allocates by its own decisions funds from allowances broken down from the income tax at their disposal, in order to finance the state pre-university education units. ((22) The expenses related to the facilities granted to students and students regarding the railway and metro transport are financed by the budget of the Ministry of Transport, Construction and Tourism. (23) The expenses incurred by the activity of the National Council for the Financing of Pre-University Education shall be borne from the budget of the Ministry of Education and Research and other sources, according to the law 17. Article 168 shall be repealed. 18. In Article 169, paragraph 1 shall read as follows: "" Art. 169. -(1) Primary, secondary, high school, arts and crafts educational establishments, rural and peri-urban areas, as well as educational institutions for initial and continuous training of personnel in the field of defence, public order and safety national, which do not have in the property agricultural land in extravilan, receive in administration, for the constitution of the experimental teaching lot or specific training grounds, or for the arrangement of polygons an area of 1 hectare for primary schools, 2 hectares for secondary schools, 3 hectares for pedagogical high schools, military, public order and security, at least 5 hectares for post-secondary and higher military education institutions/public order and security and at least 10 hectares for high school educational establishments and arts and crafts schools with profile agricultural, agromountain and forestry, in arable equivalent. " 19. In Article 170, paragraph 1 shall read as follows: "" Art. 170. -(1) The financing of state education shall be provided from public funds, within the limit of at least 4% of the gross domestic product, ensuring annually a permanent increase in budgetary allocations, in accordance with the following requirements: a) considering the development of education as a national priority for the preparation of human resources at international standards; b) professionalisation of human resources in line with the diversification of labour market c) the development of higher education and university scientific research for integration at the top in world scientific life. " 20. In Article 170, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "(1 ^ 1) For the financing of state education from public funds, an increase in budgetary allocations is ensured annually up to a minimum of 6% of gross domestic product in 2007." 21. In Article 170, paragraph 2 shall read as follows: " (2) The state pre-university education financing system ensures the decentralization of funds at the level of educational establishments. The concrete ways of designing, apportioning and budget execution of funds for state pre-university education are established by methodological norms approved by Government decision, elaborated by the Ministry of Education and Research, together with the Ministry of Public Finance and the Ministry of Administration and Interior, with the consultation of representative trade union federations in education and associative structures of public administration authorities. " 22. Article 170 (4) and (5) shall be repealed. 23. In Article 170, paragraph 6 shall read as follows: " (6) Higher education is allocated a distinct fund for university scientific research from the global budget of scientific research. The allocation of funding funds to university scientific research is done according to competitive criteria, depending on national priorities and performance obtained or anticipated. The competition for university scientific research funding funds is open to all accredited higher education institutions, as well as research and development institutions and institutions, attested to carry out activities. research and development. The allocation of funds for the funding of university scientific research is done by the Ministry of Education and Research, at the proposal of the National Council of Scientific Research in Higher Education. " 24. Article 174 shall read as follows: "" Art. 174. -For pre-school and compulsory state education, school textbooks are provided free of charge. Benefit from the same gratuity and students in upper secondary education whose parents have monthly income per family member equal or lower than the minimum gross basic salary per country. " + Article II In order to ensure the correct application of the principles of the new system of financing and administration of educational establishments in the entire state pre-university education system, the provisions of this law will apply staggered, between September 2004 2004-December 2007, as follows: a) from September 2004, the local and county councils, together with the county school inspectorates, move to the reorganization of the school network and constitute the boards of the educational units in accordance with the provisions art. 7 7 and ale art. 145 145 of Law no. 84/1995 , republished, with subsequent amendments and completions. Changes in the structure of the school network shall be implemented successively in the months of September 2004, 2005 and 2006; b) within 60 days from the date of entry into force of this Law, the Ministry of Education and Research shall develop and submit for approval to the Government the methodologies provided for in this Law; c) The Ministry of Education and Research reorganizes, in accordance with the provisions of this law, the National Program for the managerial training of school principals; d) the basic financing system of the pre-university education units provided for in art. 167 167-170 and to art. 174 174 of Law no. 84/1995 , republished, with subsequent amendments and completions, shall apply from the financial year 2005. The counties applying the basic funding system in the years 2005 and 2006 shall be nominated by Government Decision. Also, the Government's decision establishes the date of application of this system in Bucharest. + Article III Education Law no. 84/1995 , republished, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, July 15, 2004. No. 354. ------------