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Order Esd-3669-2008, Of 9 December, Which Approves The Regulation For Functioning Of The State School Board.

Original Language Title: Orden ESD/3669/2008, de 9 de diciembre, por la que se aprueba el Reglamento de funcionamiento del Consejo Escolar del Estado.

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TEXT

The School Board of the State was established with the Law of the Organic Law 8/1985 of 3 July, regulating the Law of Education, as an organ of social participation in the general programming of teaching and advising the Government in relationship to educational standards projects.

From the date indicated, the modification operated in its composition by the approval of various Organic Laws, as well as the culmination of the process of educational transfers from the State to the Autonomous Communities, circumstances to which the desirability of introducing different adjustments in the functioning of the body that adapted it better to the present social and educational reality, different from that which existed at the time of its creation, was united approval of Royal Decree 694/2007 of 1 June, replacing Royal Decree 2378/1985 of 18 December.

In the new Royal Decree of the School Council of the State, the presence in the agency of new representatives of social and institutional interests is enhanced, with 80 members to have 105 members after the application of the new Royal Decree.

The same three new groups of representatives were incorporated, incorporated by different Organic Laws. First of all, the group of Presidents of the Autonomous School Councils, composed of seventeen representatives, was created. Secondly, the women's group, consisting of four representatives, was established, one of which comes from women's organizations with implementation throughout the territory of the State, another representative of the Women's Institute, as well as two personalities of recognized prestige in the fight for the eradication of gender-based violence. The third new group consists of four representatives of the local authorities. Finally, the Royal Decree cited also introduced some modifications in the composition of the group of well-known personalities.

Royal Decree 694/2007, in its second final provision, assigned to the State School Council the elaboration of the draft regulation of its functioning, which was to be submitted to the approval of the plenary and elevated to the Ministry for final approval.

According to the above, the plenary session of the State School Council, held on June 26, 2008, approved the draft regulation of the organization's functioning. It also highlights the creation of a new body called the Board of Participation of the Presidents of Autonomous School Councils, with which it is aimed to promote the effective presence of the Autonomous School Councils in the operation of the State School Board. That Board has proceeded to draw up its own operating rules which are integrated into this Regulation.

Moreover, some adjustments are made to the functioning of the State School Board, among which the criterion for distributing the positions of members of the teaching staff of the teaching staff is included. public and private, the criteria for measuring the representativeness of the pupils 'and parents' sectors and the mothers of pupils, the system of replacements and replacements, the possibility of tabling amendments in the Standing Committee by all the members of the plenary session and the use of technical means in the process of issuing opinions and reports.

In her virtue, after the approval of the Minister of Public Administrations, I have:

Single item.

The Rules of Procedure of the School Board of the State whose content is inserted below are approved.

Single repeal provision. Regulatory repeal.

The Order of 24 June 1987 approving the Rules of Procedure of the School Council of the State is hereby repealed.

Single end disposition. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 9 December 2008. -Minister for Education, Social Policy and Sport, Mercedes Cabrera Calvo-Sotelo.

STATE SCHOOL COUNCIL OPERATION REGULATION

Chapter I

General provisions

Article 1. Nature.

The State School Board is the national collegiate body for the participation of the affected sectors in the general programming of teaching and advice regarding bills or regulations that have to be proposed or dictated by the Government.

Article 2. Regulations.

1. The School Board of the State is governed by the provisions of Articles 29 to 33 of Organic Law 8/1985 of 3 July, regulating the law of education; Royal Decree 694/2007 of 1 June, and this Regulation.

2. The basic rules of Law 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure shall also apply.

3. In all those not provided for in these rules and provided that they do not contradict them, it will be submitted to the plenary, the Permanent Commission or the Board of Participation of the Autonomous School Councils, according to the scope of action. respective.

Article 3. Scope of action.

The School Board of the State exercises its functions in the whole of the educational system, except in university teaching and in higher artistic teachings.

Article 4. Functions.

1. The School Board of the State shall perform its duties by issuing opinions, reports and proposals.

2. In each academic year, the School Board of the State shall prepare, approve and publish a report on the status and status of the educational system, referred to the previous school year, in which the various aspects of the education system shall be collected and assessed. the most significant data and the evolution of the main indicators of the Spanish education system, the results of the Spanish or international diagnostic evaluations and the data on public expenditure in education, including the possible situation of violence in the educational community. It will also report on the measures to be taken in relation to the prevention of violence and the promotion of equality between men and women.

3. In the report referred to in the previous paragraph, recommendations may be made to educational administrations aimed at improving the education system.

4. The School Board of the State may participate in international organisations which have competence in accordance with the advisory functions it exercises in the field of education.

Chapter II

Composition

Article 5. Composition.

The State School Board is constituted by the President, the Vice President, the Councillors and the Secretary General.

Section I. President

Article 6. Appointment.

The President will be appointed by royal decree on the proposal of the Minister of Education, Social Policy and Sport, ears of the Council of State School, among persons of recognized prestige in the field of education and will take possession of his position before the Council's plenary session.

Article 7. Attributions.

Corresponds to the President:

a) Ostend the representation of the Council and direct its activity.

b) To convene the ordinary and extraordinary sessions of the plenary, the Standing Committee, the Board of Participation of the Autonomous School Councils and the Ponences, as well as to set the agenda taking into account the requests of the Administration and the Directors.

c) Chair the sessions, lead and moderate the development of the debates, suspend them for justified reasons and settle the votes in case of a tie.

(d) to view the Council's minutes and agreements and to ensure that they are implemented.

e) Determine, heard the Permanent Commission, the public or not the sessions.

f) Giving the Vice President, the Councillors and the Secretary General their positions.

(g) Resolver, after instruction, if appropriate, of the corresponding administrative file, any question that arises for reasons of representativeness of the Directors.

(h) The Permanent Commission or, where appropriate, heard by the plenary, the doubts raised in the application of this Regulation.

i) Exercise the top leadership of the staff and services of the Council.

j) Manage the Council's budget and report to the Standing Committee on the annual settlement of the Council's budget.

k) Ensuring compliance with the Laws in the field of their competencies.

l) Any other that is attributed to you by the current regulations.

Section II. Vice President

Article 8. Election and appointment.

The Vice President will be elected and appointed in accordance with the provisions of Article 5 of Royal Decree 694/2007 of 1 June 2007. The appointment of the Vice President will be published in the Official State Gazette.

Article 9. Attributions.

1. The Vice-President shall replace the President in cases of vacancy or absence, assuming all the functions that correspond to it, in such cases being the forecasts contained in Article 7 of this Regulation.

2. The Vice-President shall also carry out the tasks which the President expressly delegates to him.

3. The State School Board shall adopt administrative, labour and economic measures, as appropriate, to meet the requirements arising from the performance of the office.

Section III. Counselors

Article 10. Counselors.

1. They will be Councilors of the State School Board:

(a) Twenty teachers appointed on a proposal from their trade union organisations which, in accordance with current legislation, have the most representative status in the education sector. Members will be distributed in a proportional manner, taking into account the different levels of education and the number of teachers in public and private education, according to official statistics. The organisations shall make their proposals among the teachers who teach lessons in the educational levels referred to in Article 3 of this Regulation.

(b) Twelve parents of pupils, appointed on a proposal from the confederations of associations of parents of pupils with greater representativeness, in accordance with the data contained in the registers or censuses of associations of the respective pupils. Educational administrations.

c) Eight students appointed on a proposal from the confederations of associations of students with greater representativeness, according to the number of associations of legally constituted students.

d) Four representatives of the staff of administration and services of the teaching centers, appointed on a proposal from their trade union organizations that, according to the current legislation, have the consideration of more representative.

e) Four holders of private teachers ' centres appointed on a proposal from the organisations of holders and business of the teaching that according to the applicable law in each case, according to the current legislation work, have the character of more representative

f) Four representatives appointed on a proposal from the trade union organisations which, in accordance with the current labour law, have the most representative character.

g) Four representatives appointed on a proposal from the business organisations which, in accordance with the current labour law, have the most representative character.

h) Eight representatives of the State Education Administration appointed by the Minister of Education, Social Policy and Sport.

i) Four representatives of the Universities, two of whom will be appointed on a proposal from the General Conference of University Policy and two on a proposal from the Council of Universities.

j) Four representatives of the local entities on the proposal of the State-wide Association of higher implementation.

(k) Twelve personalities appointed by the Minister for Education, Social Policy and Sport for their recognized prestige in the field of education, pedagogical renewal and institutions and organizations confessional and lay people of greater tradition and dedication to teaching. The designation of four of them will be considered to be a preferred merit or to have been a member of management teams of educational institutions with participatory projects. One of the members appointed in this group shall belong to the representative organisations of persons with disabilities and their families.

l) A representative of women's organizations with implementation throughout the State, a representative of the Women's Institute and two personalities of recognized prestige in the fight for the eradication of gender-based violence, proposed by the Minister of Equality.

m) The Presidents of the Autonomous School Councils, which will be incorporated into the State School Board.

2. The allocation of the number of posts of members to the various groups and sub-groups referred to in paragraph 1 of this Article shall be carried out in proportion to their corresponding representativeness.

Article 11. Proposal.

1. The organisations, associations, confederations or institutions corresponding to each group of members referred to in Article 6 of Royal Decree 694/2007 of 1 June, with the exception of members of the k group and m), propose their representatives to the Minister for Education, Social Policy and Sport, referring the proposal to at least one month in advance of the date on which the School Council of the State is to be renewed.

2. The proposal will include the holders and substitutes for the holders.

Article 12. Appointment.

1. Once the proposal has been made, if this is necessary, the members will be appointed by the Minister for Education, Social Policy and Sport. The members referred to in point (m) of Article 6 of Royal Decree 694/2007 are exempt from the foregoing. All members of the Board shall be appointed to the President of the Council.

2. The orders to cease and the appointment of the Directors will be published in the "Official Gazette of the State", for their general knowledge. The members of the group of members of Article 6 (m) of Royal Decree 694/2007, of 1 June

will also be published in the "Official State Gazette".

Article 13. Command and refresh.

1. The term of office of the members shall be four years, without prejudice to any changes which may be made for reasons of representativeness. The Presidents of the Autonomous School Councils, whose term of office is linked to the performance of the presidency of the corresponding Autonomous School Board, are excepted from the previous rule.

2. The School Board of the State shall be renewed for half every two years, in each of the groups provided for in Article 6 of Royal Decree 694/2007 of 1 June. The members of the group of students will be fully renovated.

3. Without prejudice to the provisions of Article 33.1 of this Regulation, if, as a result of variations in representativeness, changes in the number of posts of members to the proposing organisations of the Members of the Standing Committee, at the request of any organisation with representativeness in the Council, shall hold the corresponding new election.

4. The Presidents of the Autonomous School Councils shall be renewed when the change in the Chair of the Councils is produced.

Article 14. Rights of Directors.

1. The Directors will hold the following rights:

a) Attend the sessions of the organs of which you are a part.

b) Exercise the right of voice and vote on the topics on the agenda of the meetings in which they participate, as well as require that their opinion be recorded in the minutes.

(c) Make proposals for amendments, comments and, where appropriate, particular votes, in the terms set out in this Regulation.

d) Receive information on the draft regulations and documents to be delivered or informed by the Standing Committee and the Plenary, as well as the activities carried out by the Council.

e) to receive the compensation for the reason of the service that is recognized in accordance with the current regulations.

f) Any other that is legally or legally recognized to you.

2. The General Secretariat of the Council shall provide the documentation, technical assistance and, where appropriate, the material means that the members require in the exercise of their function.

3. The President of the Council shall issue a credential to the members of the Board of Directors.

Article 15. Duties of the Directors.

1. The members have the duty to attend the plenary sessions and, if they are part of them, to those of the Permanent Commission, the Board of Participation of the Autonomous School Councils and the Working Papers and Commissions, excuse their assistance when it is not possible for them.

2. Members are also required to participate in the conduct of studies and in the issuance of opinions and reports.

Article 16. Loss of the status of Councillors.

1. The Directors will lose their status to any of the causes provided for in Article 9 of Royal Decree 694/2007 of 1 June, which is regulated by the State School Board.

2. If any of the causes referred to in the preceding paragraph are present, the organisation to which the members concerned or the proposing administrative authority or from which they are dependent shall communicate that circumstance to the President of the Council. School of State, who will deal with the corresponding cessation.

3. The loss of the status of Counsellor by resignation of the person concerned shall be made in writing addressed to the President of the Council, which shall inform him, where appropriate, of the proposing organisation.

4. Disablement for the exercise of public office will only be effective as a result of a firm court judgment.

Article 17. Regime of substitutions and suplences.

1. Members who lose their status as members of the Council for any of the reasons set out in Article 9 of Royal Decree 694/2007 of 1 June 2007 shall be replaced, unless the cause is the termination of their term of office, by the members of the Board of Directors. appointed for that purpose.

2. The Substitute Counsellor shall serve from the time of notification to the President of the cause of loss, extending for as long as the holder fails to complete his/her term of office, unless a new proposal for the appointment of a Counsellor is produced. holder.

3. Where, for any reason justified and previously notified to the President of the Council, any holder of a holding may not be able to attend a given plenary meeting, he shall make the appropriate supply of the Adviser appointed as a substitute, agreement with the provisions of this Regulation.

Also, the supply of any Director of the Permanent Commission shall be performed by the Chief Counselor of the Plenary and of the same group, appointed as an alternate for that purpose.

4. The Vice-Presidents, or equivalent holders of such bodies, may replace or replace the Presidents of the School Councils with a regional authority, subject to notification to the President of the Council.

Article 18. Review of representativeness.

1. The organisations to which the members of groups (a) to (g) of Article 6 of Royal Decree 694/2007 of 1 June 2007 belong, may propose to the President of the Council the numerical revision of the posts allocated, accreditative in which they base their representativeness.

2. The President of the Council, after examining the appropriate administrative file, shall decide on the question referred, shall transfer to the Minister for Education, Social Policy and Sport the decisions which vary in the allocation of members and shall, where appropriate, deal with the relevant cesses and appointments. The resolution of the President of the Council depletes the administrative path.

3. The organisations which are not represented in the Council may also be covered by the provisions of the two preceding paragraphs.

Chapter III

Running and Competence

Section I. General aspects

Article 19. Operation.

The State School Board will function in plenary, in the Permanent Commission, in the Board of Participation of the Autonomous School Councils and in Ponences, through the issuance of reports, opinions and proposals, in accordance with the This Regulation recognises each of the respective bodies.

Article 20. Calls.

The President shall convene the Council's bodies in accordance with the time limits laid down in each case in this Regulation. These deadlines may be reduced by half when the Minister for Education, Social Policy and Sport requires an urgent report or opinion.

Article 21. Constitution of the organs.

The organs of the State School Council will be validly constituted, for the purposes of the holding of sessions, deliberations and agreements, in accordance with what is determined in each case in this case. Regulation.

Article 22. Use of technical means.

For the convening of meetings, submission of documentation, presentation of proposals, amendments of addition, deletion and modification of specific aspects, as well as of opinions or alternative reports may be used technical devices to ensure the authenticity and integrity of the content.

In compliance with the principles of equal opportunities, non-discrimination and universal accessibility for people with disabilities, accessibility to information and communication from members with disabilities will be facilitated. disability, with the advice of the relevant sectors.

Article 23. Votes.

1. Once the sessions have been validly formed, the agreements of the Council bodies shall be adopted by a simple majority of votes of the assistants, except in cases where the Royal Decree 694/2007 or this Regulation requires qualified majorities.

2. According to the criteria that the President determines, the agreements shall be adopted:

a) By assent to the President's proposal.

b) By ordinary vote. The appropriate technical means may be used to carry out the votes.

c) By ballot paper, if it is a person's choice.

3. The vote is not delegable.

Article 24. Particular votes.

1. Members may submit a special vote against the majority agreement or announce it, provided that it is before the sitting is lifted, by writing, within two working days, to the Presidency of the Council.

2. Members who have voted against may adhere to the particular vote or write their own, provided that this right has been reserved before the end of the session.

3. In addition, any Counsellor may require that it be expressly stated in the minutes that he appears to be contrary to the majority agreement.

Article 25. Issuance and referral of opinions, reports and proposals.

1. The opinions of the plenary session and the Standing Committee of the School Board of the State shall be issued within a maximum of one month, unless a different time limit is established by law.

2. The opinions, reports and proposals issued by the plenary session and the standing committee shall be sent to the appropriate authority signed by the president and the secretary-general, indicating the names of the assistants to the corresponding authority. and, where appropriate, the result of the vote, accompanied by the individual votes, if any.

3. Likewise, the opinions, reports and proposals adopted definitively by the plenary and the standing committee will be forwarded to all members of the plenary session.

Article 26. Minutes.

1. From the meetings of the plenary session, of the Permanent Commission and, if appropriate, of the Board of Participation of the Autonomous School Councils, the Secretary General will take up the minutes. They shall specify the assistants, the agenda of the meeting, the circumstances of the place and time at which they were held, the main points of the deliberations and the content of the agreements adopted.

2. Any member of the Council's bodies referred to in the preceding paragraph may request the full transcript of his intervention, provided that he or she provides the text which corresponds faithfully to the act, or within the time limit specified by the President. their intervention, thus being recorded in the minutes or by joining the minutes.

3. The minutes shall be adopted at the following session of the body concerned, but may nevertheless issue the Secretary-certification on the specific agreements which have been adopted, without prejudice to the subsequent approval of the minutes. The certifications of the agreements adopted prior to the approval of the minutes shall expressly state such a circumstance.

Section II. Full

Article 27. Composition and competences.

1. The President, the Vice-President and the Directors related to Article 6 of Royal Decree 694/2007 of 1 June, as well as the Secretary-General, who will act with a voice but without a vote

make up the plenary session of the State School Board.

2. The plenary of the State School Board shall act in accordance with the powers provided for in Article 12 of the Royal Decree referred to in the previous paragraph.

Article 28. Call for meetings.

1. The President shall convene the School Board of the State in plenary when he is to be consulted on the matters referred to in Article 12 and Article 13.1 of Royal Decree 694/2007. The plenary session shall also be convened at the request of the absolute majority of its members.

2. The notice shall contain the order of the day, the date and place of its conclusion, and shall be accompanied, in any case, by sufficient documentation for the knowledge of the matters to be dealt with.

3. The agenda, to be fixed by the President, taking into account, where appropriate, the content of the members ' requests, may not be amended once the sitting has been opened, unless all the members of the Council are present. a decision on the matter by unanimity.

4. Plenary sessions shall be convened at least 20 working days in advance, unless for reasons of urgency it must be met within 10 working days.

5. For the valid constitution of the plenary session, for the purposes of holding sessions, deliberations and agreements, it will be required that, at the beginning of the session, the President or Vice-President be present, half at least of the members who the form and the Secretary-General or person to replace him. If there is no quorum, the body shall be validly constituted, on the second call, an hour later, with the attendance of the third party of its members sufficient.

Article 29. Submission of amendments and opinions or alternative reports.

1. Amendments to the addition, deletion or amendment of the points contained in the report of the presentation may be submitted in respect of matters submitted for consultation of the plenary session, in the terms set out in this Regulation. Alternative opinions or reports may also be submitted to those drawn up by the paper.

2. Amendments and alternative reports shall be submitted at least five working days before the day on which the relevant session begins and shall be distributed among the members for their knowledge. If their distribution, for justified reasons, is not possible, they must be available to the Directors at the General Secretariat of the State School Board until the beginning of the session.

3. The alternative amendments and reports must be respectful, reasoned and precise, and the reasons for which they justify and the proposal itself should be differentiated. They shall be forwarded in writing to the General Secretariat of the Council, which shall forward them to the President for processing.

4. Alternative reports and amendments which do not meet the requirements set out in the previous paragraph shall be returned to the undersigned Counsellor for a period of 24 hours. The Standing Committee shall establish a mechanism to support the President to take this decision.

5. Corrections of errors and improvements in the wording of a grammatical, orthographic or technical nature will be presented in a single amendment, and may be taken directly by the rapporteurs, without being discussed and voted.

Article 30. Issuing opinions and reports.

1. In all cases in which the School Board of the State is to be understood in plenary, the corresponding paper shall be drawn up by the Standing Committee.

2. The report of the presentation shall be distributed among all the members of the plenary session, at least ten working days before the beginning of the session.

3. The rapporteurs appointed by the Standing Committee shall present to the plenary the content of the respective reports and the outcome of the vote.

4. Next, unless opinions or alternative reports have been submitted, a shift of intervention, with limited individual time, will be opened in favour of and against the reports in its entirety, which will be put to the vote. the taking into account of them by the plenary session or its return. The taking into consideration will require a favourable vote of the absolute majority of the members of the plenary. In case of return of the report of the report to the Standing Committee, the President shall appoint a special paper to draw up a new report.

5. If opinions or alternative reports have been formulated, the members who have formulated them will be able to defend them following the intervention of the rapporteurs provided for in paragraph 2 of this Article. If all the speeches are made, the text on which the Council will have to vote will be put to the vote, without further delay, and will require the absolute majority of the members of the House. If two or more alternative reports have been submitted, the voting system shall be the one for successive elimination.

6. When amendments were made on specific points, then it will be discussed at the same time. The members appointed by the Standing Committee or the Counsellor who has formulated the alternative report shall act as rapporteurs, as the text under discussion. The intervention shifts will start with the rapporteur in the first place, they will continue with the intervention of the members who have made modifications or request the use of the word and again with that of the rapporteur. The rapporteurs and the members may propose compromise amendments to the amendments, which must be read in full before their vote. The corresponding vote will be followed.

Article 31. Formulation of proposals.

1. In matters falling within the competence of the plenary session, the members may make proposals on the matters referred to in Article 12 of Royal Decree 694/2007 of 1 June 2007 and on any other quality of education which they must to meet the requirements laid down in Article 29.3 of this Regulation.

2. The proposals put forward will be included on the agenda for the most immediate session to be held by the Standing Committee, in which the report of the presentation will be drawn up.

3. The provisions of Articles 27 to 29 and 34 to 36 of this Regulation shall apply to the processing of the proposals. The adoption of the proposal by the plenary will require the absolute majority of its members.

Section III. Standing Committee

Article 32. Composition and competences.

The Permanent Commission shall be composed of the members provided for in Article 14 of Royal Decree 694/2007 and shall exercise the powers included in Article 15 of the Royal Decree.

Article 33. Choice of members.

1. The process of election of members to the Standing Committee shall be carried out whenever requested by any Council member.

2. The election of the members of the Permanent Commission shall be an electoral table, for each of the groups of Directors related to Article 6 of Royal Decree 694/1987, of June 1, with the exception of the group m). The group (a) shall be considered to be integrated in turn, by two sub-groups, that of teachers of public education and that of private teachers, so that two electoral tables will be set up.

3. The electoral bureau of each group shall be composed of the oldest member, who shall act as chairman and spokesman for the group, and for the youngest member, who shall act as secretary.

4. If there is no unanimous agreement, the election will be carried out by ballot. Each Counsellor shall vote for a single holder and only one alternate member, with the choice, in future, in those members who have obtained the highest number of votes, to cover the number of members of the group in the Commission. Permanent.

5. If the number of votes obtained for the election of one of the posts in the Standing Committee is tied, the same shall be decided by the President of the Council, applying the criterion of greater representativeness, after hearing the organisations, except in the groups of members (i), (j), (k) and (l), where the drawing-up procedure shall be used.

6. From the act of the election of the members of the Permanent Commission of each group, the minutes will be lifted, which will be signed by all the members of the respective group.

7. The representatives of the educational administration group in the Permanent Commission will be determined by the Ministry of Education, Social Policy and Sport for each call according to the issues included in the Order of the Day and will be called by the President.

Article 34. Call for meetings.

1. The Chairman shall convene the Standing Committee in the cases referred to in Articles 15 and 17 of Royal Decree 694/2007 of 1 June 2007.

2. The call shall be made at least 10 working days in advance, unless for reasons of urgency the provisions of Article 20 of this Regulation need to be applied.

3. The provisions of Article 28.2, 3 and 5 of this Regulation shall apply to the calls of the Standing Committee and the valid constitution of the body.

4. For their information, to the members of organizations not present in the Standing Committee, the President shall be given the documentation provided for in Article 28.2 of this Regulation, if this is the case, which will be the subject of an opinion or the report, the agenda, the date and place of the meetings held by the Commission.

Article 35. Submission of amendments and alternative opinions or reports.

1. All members may submit amendments and opinions or alternative reports. Where the Adviser does not belong to the Standing Committee, the amendment corresponding to the General Secretariat of the Council shall be made by the Adviser, which shall be exposed to the session by any of the members of the group concerned who is a member of the Standing Committee. Standing Committee or by the Secretary General.

2. Amendments and alternative opinions or reports shall be submitted at least five working days in advance at the beginning of the relevant session and shall be distributed among the members for their knowledge.

3. In the event that the said distribution, for justified reasons, is not possible, the same must be available to the Directors in the General Secretariat of the State School Council since the end of the deadline for their presentation. until the beginning of the session.

Article 36. Issuing opinions and reports.

1. The rapporteur members shall present to the Standing Committee the content of the opinion or report of the report.

2. The following shall be opened for intervention on whether the opinion or report of the paper as a whole or its return to the whole study should be accepted for a new study, except for reasons of limitation of the time limit for the delivery of the opinion or the report is not possible, in which case the Standing Committee shall issue the opinion or report in accordance with the majority will of its members.

3. The various paragraphs of the opinion or report and the amendments tabled will then be discussed.

4. The intervention shifts for each section will take the form of listening to the rapporteur in the first place, then to the members of the administration and to those who make comments and, again, to the rapporteur. The President of the Council may order the interventions in the most appropriate manner in each case.

The shift of interventions, possible replicas or counter-replicas, shall be governed by the system governed by Article 30.4, 5 and 6 of this Regulation, referred to in the opinion and reports of the plenary.

5. Each of the aspects discussed on which the Standing Committee has not reached a unanimous opinion will be put to the vote.

Article 37. Formulation of proposals.

1. Members may make proposals to the Standing Committee on the matters referred to in Article 15 of Royal Decree 694/2007 of 1 June 2007 and on any other concerning the quality of education, which shall be to meet the characteristics set out in Article 29.3 of this Regulation.

2. Article 31.3 (2) and (3) of this Regulation shall apply to those proposals. The provisions of Articles 34 to 36 shall also apply in their processing.

3. The Standing Committee shall adopt these proposals when it is adopted by an absolute majority of its members and shall bring them up to the plenary session or to the Ministry of Education, Social Policy and Sport, in the light of matters falling within the competence of the Council. that or of the Standing Committee.

Section IV. Board of Participation of the Autonomous School Councils

Article 38. General aspects.

The Board of Participation of the Autonomous School Councils, which shall be composed of the Presidents of the Councils and chaired by the President of the School Board of the State, shall have the powers included in Article 22 of Royal Decree 694/2007 of 1 June.

Article 39. Operating rules.

The rules of operation of the Board of Participation of the Autonomous School Councils are those contained in Articles 40 to 47 of this Regulation.

Article 40. Nature.

The Board of Participation, created by Article 22 of Royal Decree 694/2007 of 1 June, which regulates the School Council of the State, is the body of cooperation and participation of the Autonomous School Councils with the School Board of the State.

Article 41. Composition.

1. The Board of Participation consists of the President of the State School Board, which holds its presidency, and the Presidents of the Autonomous School Councils.

2. The Vice President, who will be the Vice President of the State School Council, will replace the President in cases of vacancy, absence or illness, assuming all the functions that correspond to it, being in such cases of application the forecasts contained in Article 4 of these rules.

3. They may participate in the meetings of the Board, in place of the presidents of the Autonomous School Councils, their respective Vice-Presidents, upon reasoned communication, if any, to the Chair of the Board.

4. The Secretary-General of the State School Council shall act as the Secretary of the Board, with a voice but without a vote.

5. The Chair of the Board may, on its own initiative or on a proposal from the autonomic representatives, convene meetings of the Board, with a voice and without a vote, to experts whose knowledge or experience is deemed appropriate for the tasks of the Board. advice. Where the presence of experts at a meeting of the Board is foreseen, it shall be recorded in the relevant call.

Article 42. Attributions.

The Board will have the following attributions:

a) Develop a report on the anteprojects of Organic Laws related to the teachings of the educational levels prior to the university.

b) Develop specific reports on the most relevant aspects of the development of the education system in each Autonomous Community.

c) Agreed on the study of issues of particular relevance to the education system in the Autonomous Communities and the setting up of the corresponding work commissions.

d) Agree on the celebration of Seminars, Days or Conferences that can contribute to increasing the quality levels of the educational system.

e) To know and report on the results of the evaluations of the educational system provided for in Organic Law 2/2006, of 3 May, of Education.

Article 43. President.

The Chair of the Board of Participation will have the following functions:

a) Represent the Board.

b) Call and chair the meetings of the Board by setting the agenda.

c) Chair the sessions, lead the deliberations and vote on their case.

d) Authorize with your signature the Board Agreements and execute the same.

(e) Resolving, hearing the Board of Participation, the doubts raised in the application of these operating rules.

f) Elevate the Ministry of Education, Social Policy and Sport and the respective Autonomous Communities with the reports on the preliminary draft of the Organic Laws and the specific reports on relevant aspects of the development of the education system in the Autonomous Communities.

g) Elevate to the Ministry of Education, Social Policy and Sport and the respective Autonomous Communities the studies of special relevance, conclusions and proposals derived from Seminars, Days or Conferences that have a relevant character in the development of the education system.

h) Vellar for compliance with operating rules.

i) Receive the communication acts of the members of the Board of Participation.

j) Exercise how many functions are inherent in your status as President.

Article 44. Secretariat.

The Secretary-General of the State School Board shall exercise the secretariat of the Board of Participation of the Autonomous School Councils on a permanent basis and shall have the following functions:

a) Attend Board meetings with voice but no vote.

b) Prepare meetings of the Board and raise the Minutes of meetings to be held.

c) Exercise the Permanent Secretariat of the Board and coordinate the actions of the Committees and Working Groups entrusted to it by the Presidency.

d) Extend, with the President's Well-viewed, certifications of the Agreements adopted at the meetings of the Board, at the request of any of its members.

e) Custodian of the Proceedings and documentation of the works of the Board and of the various Commissions, as well as the file of the same.

(f) Give the processing to the proposals to be drawn up under the provisions of Article 7 and, where appropriate, draw up the precise technical reports.

g) Report to the Board members on the activities of the Commissions and the Working Groups.

h) Perform as many functions as are inherent to your status as Secretary.

Article 45. Calls and quorum.

1. The Board of Participation shall meet at least three times a year, and may hold extraordinary sessions on a proposal from the President or at least twelve Presidents of Autonomous School Councils.

2. The Call shall be made by the President at least ten calendar days in advance accompanied by the Order of the Day, the draft of the Minutes of the previous meeting and the necessary documentation to be forwarded to the members of the Board.

3. The agenda of the respective calls shall contain, inter alia, cases which, by a two-thirds majority, have been proposed in the meetings prior to that call by the members of the Board of Participation in relation to the competencies attributed to it.

4. The agenda may not be amended unless all the members of the body concerned are present, and a decision shall be taken by an absolute majority.

5. The presence of the President and at least two-thirds of the autonomic representatives shall be required for the valid constitution of the Board.

Article 46. Reporting.

1. For the preparation of the reports provided for in Article 22 of Royal Decree 694/2007 of 1 June 2007, which regulates the School Board of the State, the Board of Participation shall establish work commissions.

2. The reports drawn up by the Board of Participation, as provided for in Article 22.a) and (b) of Royal Decree 694/2007 of 1 June 2007 governing the School Board of the State, shall be annexed to the relevant reports. State School Board prescriptive.

3. The reports and papers produced by the Board of Participation, as well as the conclusions resulting from the studies or seminars, will be organised in the form of a consensual text.

4. The reports, conclusions and proposals which, in accordance with the provisions of Article 22 of Royal Decree 694/2007, of 1 June, will be drawn up by the Board of Participation, may be submitted by the President of the School Board of the State Ministry of Education, Social Policy and Sport and the respective Autonomous Communities.

5. The Presidents of the Autonomous School Councils will transfer to their respective Councils the reports and proposals to be drawn up by the Board of Participation.

Article 47. Minutes.

1. The Secretary of the Board shall draw up minutes of each session to be forwarded to the members of the Board. Once the observations are submitted, the minutes shall be submitted for approval by the Board and endorsed by the Chair of the Board.

2. The minutes shall include the list of assistants, the order of the day, the circumstances of place and time, the conclusions, the proposals for agreements and, where appropriate, the resolutions to be adopted.

3. The Board of Participation may, by agreement of the Board of Participation, draw up a verbatim report of the sessions.

Section V. Working Papers, seminars and commissions

Article 48. Papers.

1. It is up to the papers to prepare the issue of the issues to be reported by the plenary or the standing committee.

2. The Standing Committee shall be responsible for all matters in which the School Board of the State in plenary is to be understood.

3. The Standing Committee and, where appropriate, the Board of Participation of the Autonomous School Councils shall decide on the number of papers to be produced by the reports on the subjects to be submitted for deliberation, according to the volume and nature. homogeneous of the same.

4. In the case of competition from the Standing Committee, at least one report shall be set out in the form of opinions and reports. Another study will also be set up for the drafting of the annual report on the state and situation of the education system.

5. The reports of the papers will not be binding on the Standing Committee or the Plenary, which may return them for further study.

Article 49. Composition of the papers of the Standing Committee.

1. The papers of Opinions and Reports, as well as the presentation of studies, will be made up of the members approved by the Permanent Commission, on a proposal from the President. For these purposes, the Standing Committee may decide to include non-permanent members. They may also be incorporated to provide technical assistance to Council officials appointed by the President.

2. The study paper will establish its work plan which may include the designation of sub-ponences to carry out previous studies on the different points in which the report on the educational system is structured.

3. The replacement of the members of the respective members shall be made by the Counsellor elected in the vote provided for in Article 33 of this Regulation.

4. The composition and functioning of other papers to be established by the Standing Committee shall be governed by what it approves in each case.

Article 50. Operation.

1. The Chair shall be convened by the President at least five working days in advance, unless the relevant opinion or report has been requested as a matter of urgency in the case of which the case may be referred. that period shall be at least seventy-two hours. It shall indicate the place and date of its conclusion, together with the necessary documentation concerning the opinion or report concerned. The forecasts contained in Article 22 shall also apply.

2. The working sessions of the presentations shall be chaired by the President or the Vice-President, or, in the absence of both, by the rapporteur appointed by the President.

3. The Secretariat of the presentations shall be carried out by the Secretary-General of the Council or, in his absence, by the official of the Council appointed by the President.

Article 51. Seminars and Work Commissions.

1. The plenary session, on a proposal from its president, or by a majority decision of its members, may agree on the holding of study seminars on subjects deemed to be of greatest importance to the education system, as set out in Article 19.1. of Royal Decree 694/2007 of 1 June.

2. Also, in accordance with the provisions of Article 22 (d) of the Royal Decree referred to in the previous paragraph, the Board of Participation of the Autonomous School Councils may agree to hold seminars, conferences or conferences that may be held contribute to increasing the quality levels of the education system.

3. The Standing Committee, acting on a proposal from its President, or one-third of its members, may decide to set up committees of work, or seminars, on specific issues relating to the development of their respective powers.

4. The Board of Participation of the Autonomous School Councils may also agree on the study of subjects of particular relevance to the educational system in the Autonomous Communities and the creation of the corresponding work commissions.

5. The results of the studies carried out by the seminars and work commissions will be informative for the State School Board and will be brought to the attention of the other members. The plenary may decide to make such studies public.

6. The Presidency on its own initiative or on a proposal from the members of the Standing Committee or, where appropriate, from the autonomic representatives may convene meetings of these seminars, working days or committees, with a voice and without a vote, experts whose knowledge or experiences are considered relevant for advisory tasks. Where the presence of experts is provided for in a session, it shall be expressly stated in the relevant call.

7. The activities provided for in this Article shall be subject to the budgetary resources of the State School Board for each financial year.

CHAPTER IV

General Secretariat

Article 52. Nature and appointment.

1. The General Secretariat, at the level of the Subdirectorate-General, is the administrative body to which the management of the Council's affairs and assistance should be.

2. The Secretary-General shall be appointed by the Minister of Education, Social Policy and Sport, heard by the President of the Council, among officials belonging to the Corps and Escalas for whose access the Title of Doctor, Licensed, Engineer, is required. Architect or equivalent.

3. The Secretary-General shall take possession of the President of the Council.

Article 53. Powers of the Secretary-General.

These are the competencies of the Secretary General:

(a) Attend, with a voice but without a vote, to the sessions of the plenary, of the Permanent Commission, of the Ponences and, in their case of the Board of Participation of the Autonomous School Councils.

b) Lift the minutes of the sessions.

c) Authorize with your signature the Council Agreements.

d) Exorder, with the approval of the President, certification of minutes, agreements, opinions and assists.

e) Custody the minutes and resolutions of the Council.

f) Seek and provide technical assistance that the functioning of the Council requires.

g) Take care of document input and output logging and file service.

(h) Exercise the immediate leadership of the Council's staff and internal services, under the authority of the President.

i) Any other that is assigned to you normatively.

j) Run under the supervision of the President, the elaboration and administration of the Council Budget.

Article 54. Replacement of the Secretary-General.

In cases of vacancy, absence or illness, the Secretary-General shall be replaced by the official of the Council that the President designates.

Article 55. Request for information and documentation.

The Secretary-General may, on behalf of the President of the Council, seek or through the authorities of the Ministry of Education, Social Policy and Sport, the information or documentation deemed necessary for the the issuance of opinions or reports and the formulation of proposals from the State School Board.

Additional disposition first. Generic references.

All references to posts or posts for which the generic male form is used in the Regulation should be understood to be applicable, interchangeably, to women and men.

Additional provision second. Reform of the Regulation.

1. The reform of the Council's Rules of Procedure will require the agreement of the plenary of the State School Board by an absolute majority of its members.

2. The reform of Articles 40 to 47 of this Regulation, relating to the functioning of the Board of Participation of the Presidents of the Autonomous School Councils, will require the agreement of the two-thirds of its members for its reform.

Transitional disposition. Files on processing.

The representativeness files that are in the process of the entry into force of this Regulation will be resolved in accordance with the regulations contained therein.