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Royal Decree 894/2014, On 17 October, By Which Develop The Characteristics Of The Training Course On The Development Of The Directive Function Established In Article 134.1. C) Of The Organic Law 2/2006, Of 3 May, Education,...

Original Language Title: Real Decreto 894/2014, de 17 de octubre, por el que se desarrollan las características del curso de formación sobre el desarrollo de la función directiva establecido en el artículo 134.1.c) de la Ley Orgánica 2/2006, de 3 de mayo, de Educación, ...

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Among the principles on which the reform promoted by the Organic Law 8/2013, of 9 December, for the Improvement of Educational Quality, is based, are the increase of the autonomy of the centers and the reinforcement of the management capacity of the management of the same. The autonomy of the teaching centers and the leadership of its directors and directors are key factors for the transformation of the educational system in the face of the new demands for learning in the 21st century.

In the explanatory statement of Organic Law 8/2013 of 9 December, it is noted that the increase in the autonomy of the centers is a repeated recommendation of the Organization for Economic Cooperation and Development (OECD). to improve the results, necessarily linked to the need for greater transparency in accountability. It is essential that each center has the capacity to identify its strengths and the needs of its environment, so that it can make decisions about how to improve its educational offer and its results.

As a consequence of the strengthening of the autonomy of the centers, it is necessary also to enhance the management capacity of the management, to enable it to lead the proposed changes. The organic law gives the directors and directors of the public schools, as representatives of the educational administration in the center and as responsible for the educational project, the opportunity to exercise greater leadership pedagogical and management.

On the other hand, the directive function is enhanced through a system of prior certification of competence to access the post. The purpose of the required prior training is to provide the future director or director with the necessary skills to perform his/her position with efficiency and effectiveness.

However, the director or director does not work in isolation, but is part of a management team, which according to Article 131 of the Organic Law 8/2013 of 9 December, will work in a coordinated manner in the performance of their duties, in accordance with the instructions of the director or director and the specific functions legally established. In addition, it is necessary to improve the quality of the educational institutions, and consequently their results require the involvement of the entire educational community, especially the families.

Educational leadership requires a number of specific competencies: professional commitment, motivation, ability to innovate and encourage pedagogical management and have communication skills. Good educational leaders develop a strategic vision of their institutions, act as role models for students, teachers and non-teaching staff, and are the key to creating an effective and attractive environment for the learning and a suitable working climate.

To achieve effective educational leadership it is necessary to focus efforts on improving the quality of teaching and learning, professionalizing, strengthening and supporting the role of educational leaders, clearly defining roles, adopt a collaborative approach, recognise the strengths and competences of the teams, have sufficient autonomy to allocate resources and explore innovative teaching methods and assume the responsibilities and commitments of the leadership.

Organic Law 8/2013, of 9 December, amended Article 134 (1) of the Organic Law 2/2006 of 3 May of Education to include among the requirements for participation in merit competitions for selection The Ministry of Education, the Ministry of Education, the Ministry of Education, Culture and the Ministry of Education, the Ministry of Education, Culture and the Ministry of Education, the Ministry of Education, Culture and Sport or the educational administrations of the autonomous communities. The characteristics of the training course will be regulated by the Government. Certifications shall be valid throughout the national territory. "

The training course on the development of the directive will provide the generic and specific skills which, centred and oriented towards the activities of the directive, will have practical use in educational settings. Generic skills (more highly valued and typical skills, skills and attitudes in the exercise of the managerial function) will allow for comprehensive training and will be developed throughout the training process. In particular, these competencies will include, among others, the ability to manage information, to analyze, to critically reason, to communicate orally and in writing, as well as to negotiate, reconcile and make decisions. Generic skills will also be considered those related to skills that members of a management team must master to perform their position effectively and efficiently, and include the ability to organize and manage a This is also the case for a study of the quality of education and training. The specific skills will be related to the set of theoretical and practical knowledge necessary to be able to perform the functions of the management teams.

For its part, the second provision of Organic Law 8/2013 of 9 December states that " the ratings and accreditations of directors of public institutions issued prior to the entry into force of this Law Organic law shall be considered equivalent to the accreditative certification of having passed the training course on the development of the function of the directive referred to in paragraph 1 (c) of Article 134 of this organic law. " On a transitional basis, the single transitional provision states that ' during the five years following the date of entry into force of this organic law, it will not be a necessary requirement to participate in merit competitions for selection of directors of public institutions the possession of the certification certificate of having passed the training course on the development of the function of the directive, as indicated in paragraph 1 (c), of article 134 of this organic law, although it must be taken into account as the merit of the candidate who owns it. "

On the other hand, Article 102 incorporates the dual character of lifelong learning as the right and obligation of all teachers, which is also a responsibility of the educational administrations and the institutions themselves.

This royal decree has the character of a basic norm and is dictated under the protection of article 149.1.30. of the Constitution, which attributes to the State the competence to establish the basic norms for the development of Article 27 of the Constitution, in order to ensure compliance with the obligations of the public authorities in this field. According to settled case-law, the aim of this state competence is to "achieve common training at a certain level of all schoolchildren (...), whatever the Autonomous Community they belong to", Requirements for access to the position of the directors of the educational institutions which guarantee the exercise of this right must be included in that constitutional provision. On the other hand, in accordance with the case-law of the Constitutional Court, exceptional intervention of the regulation is possible in the delimitation of the basic, inter alia, where the use of the regulation is justified by the markedly technical nature of the matter.

As the Council of State has pointed out in its opinion, " the importance of the function of the directive, which can only be accessed by career civil servants in the public teaching function (Article 134.1.a), justifies that the State lay down the rules governing the selection and appointment procedure of the directors of the public institutions, thereby seeking to establish common criteria in these procedures, which is proper to the function which the bases fulfil. in this field (so it is reasoned by the STC 213/2013, of 19 December, FJ 8. º), bases that can be established by regulatory standards (SSTC 235/1999 and 213/2013). Moreover, regulatory standards may not develop basic legal provisions, but they do contain basic rules, provided that the basis for establishing the necessary relationship with the subject matter is education and these regulatory standards are in place. as the necessary complement to legal regulation (STC 213/2013, FJ 8. º).

This royal decree aims to develop the characteristics of the training course on the development of the function of the directive to access posts of management of public schools, established in the article 134.1.c) of the Organic Law 2/2006 of 3 May, as well as the course of updating of the directives.

In the process of this royal decree, the autonomous communities have been consulted within the Education Conference, the State School Council has delivered an opinion and the Ministry of Finance has been informed. Public Administrations and the Higher Staff Commission.

In its virtue, on the proposal of the Minister of Education, Culture and Sport, with the prior approval of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 17 October 2014,

DISPONGO:

Article 1. Object.

This royal decree aims to develop the characteristics of the training course on the development of the function of the directive set out in article 134.1.c) of the Law of the Organic Law 2/2006, of May 3, of Education, thus as well as the corresponding courses for updating directives.

Article 2. General characteristics of the training courses and the updating of the directives.

1. The courses must be aimed at the acquisition of the skills necessary to perform the functions of the post of director or director of the public teaching centers that impart the teachings regulated by the Law of Organic Law 2/2006, May 3.

2. The training and updating courses of the directives will comprise a theoretical part and a practical part, and they will have a modular structure of variable duration according to the contents of the modules.

3. As part of the "Management Project" module, the participants will have to prepare a management project for a teaching center that provides an analysis of the situation, areas of improvement, project objectives, plans of action, temporalization, resources and organization of the center and indicators to evaluate the results. The management project should incorporate the development of the vocational and educational leadership skills envisaged in the modules.

4. The participants will be able to perform well the courses taught by the Ministry of Education, Culture and Sport, or the courses that provide the educational administrations of the autonomous communities, within the framework of the provisions of this real decree.

Both the courses given by the Ministry of Education, Culture and Sport, as well as the courses given by the educational administrations of the autonomous communities, will be valid throughout the national territory.

5. The minimum duration of the training courses will be 120 hours, which will include all the trunk modules. The specific modules to be established by the educational administrations are excluded from this calculation.

The minimum duration of the courses for updating directives will be 60 hours, which will include all the trunk modules. The specific modules to be established by the educational administrations are excluded from this calculation.

The courses can be performed in a single block that accumulates all the modules, or by the accumulation of modules of the same course separated in time in a maximum total of two years.

6. The completed training courses will have an indefinite validity.

However, after the expiry of the eight-year period since the issue of the corresponding certification, the updating of the content on which the necessary powers are exercised must be carried out. exercise of the public teaching function, by overcoming the corresponding content update courses.

Such an improvement in a course of updating content in no case will be necessary for the renewal of the appointment of directors, but may be taken into account as merit in the selection procedures directors.

7. The courses will observe the rules on equal opportunities, non-discrimination and universal accessibility in terms of evaluation, methodology, organization, material and human resources, and spaces and equipment.

Article 3. General requirements for training courses and for the updating of managerial skills.

1. All teachers in the public teaching centres who are teaching the teachings regulated by the Organic Law 2/2006 of 3 May will be able to participate in the training courses. The participation of career civil servants will have priority in all cases, although the vacancies in the courses already called, which have not been covered by career civil servants, may be occupied, where appropriate, by the Acting official staff.

2. The courses may be taught at a distance, using telematic or electronic systems, which guarantee the participation and use of the participant. The convening educational administration will determine the course development format, for which you will be able to combine in the different modules in-person and distance learning.

3. The courses will be taught and supervised and their modules evaluated by personnel with accredited competence in the field, belonging to the Body of Inspectors of Education or the Body of Inspectors to the Service of the Educational Administration, directors and directors of educational institutions, teaching staff and university researchers, official staff of the Ministry of Education, Culture and Sport or of the educational administrations of the Autonomous Communities, other staff of the Public administrations expert on specific subjects, or experts not belonging to the Administration,

The courses may be organized directly by the educational administration itself, or by the natural or legal persons whom the educational administration deems appropriate.

4. In order to obtain the certification certificate of having passed the course it will be necessary for the participants to have carried out all the activities indicated by the teachers, and that they have passed the evaluation of each of the modules of the course.

The Ministry of Education, Culture and Sport or the educational administration of the autonomous community will establish, for each call for courses, the evaluation criteria for the management project and each of the modules.

5. Once the course has been completed and the evaluation has been completed, the Ministry of Education, Culture and Sport or the educational administration of the autonomous community will issue an accreditative certification of having passed the course, for the purposes of foreseen in this royal decree.

On the front of the certification, at least the name of the participant, his national identity card and the date of completion must appear. The reverse shall include the training programme and the duration of the modules submitted.

Article 4. Training programmes for courses in training and updating of managerial skills.

1. The training programmes for the training courses and the updating of the directives will be approved by the Ministry of Education, Culture and Sport or by the educational administrations of the Autonomous Communities, and allow the participant to acquire the competences set out in Annex I.

2. The training programmes of the training courses shall contain at least the trunk modules set out in Annex II and their contents.

3. The training programmes of the courses for the updating of the Directives shall contain at least the trunk modules set out in Annex III and their content.

4. In addition, the training programmes for training courses and the updating of directives may include the specific modules to be determined by the educational authorities.

Single additional disposition. Exemption from the performance and evaluation of certain modules.

Those who are in possession of a Master's or postgraduate degree, both of an official character, on the management and management of teaching centers, will be exempt from the realization and evaluation of all the trunk modules and modules specific to be determined by the convening educational administration, with the exception of "Module VI: project of direction" reflected in Annexes II and III to this royal decree.

Single transient arrangement. Adequacy of the course of updating of the directives for those in possession of ratings or accreditations of the management of public institutions and for those who occupy positions of director or director in public schools.

1. From the five years following the entry into force of the Organic Law 8/2013 of 9 December, who were in possession of ratings or accreditations of management of public centres issued prior to the entry into force of the Organic Law 8/2013, of 9 December, will only be able to participate in the selective procedures of management of public centers after the improvement of a course of updating of the directives, without the need to take the course of training.

2. From the five years following the entry into force of the Organic Law 8/2013 of 9 December, who at the date of entry into force of the Organic Law 8/2013 of 9 December, or during the following five years, are occupying a As a director or director in a public teaching centre, they will only be able to participate in the selective procedures for the management of public institutions after a course of updating directives has been exceeded, without the need for training course; overcoming a course of updating of directives in no way case will be necessary for the renewal of the appointment of directors and directors, as provided for in Article 136.2 of the Organic Law 8/2013 of 9 December.

3. During the five years following the date of entry into force of the Organic Law 8/2013 of 9 December, the educational administrations will continue to organise initial training programmes for the appointment of the director of the they do not have an experience of at least two years in the managerial function, nor are they in possession of ratings or accreditations of management of public centres issued prior to the entry into force of the Organic Law 8/2013, of 9 of In December, they did not carry out a training course or update of the directives for the development of the regulated function of those regulated in this royal decree.

Final disposition first. Competence title and basic character.

This royal decree has the character of a basic rule and is dictated under the protection of article 149.1.30. of the Constitution, which attributes to the State the competence to establish the basic norms for the development of Article 27 of the the Constitution, in order to ensure compliance with the obligations of the public authorities in this field.

Final disposition second. Development.

1. Without prejudice to the powers of the Autonomous Communities, the person holding the Ministry of Education, Culture and Sport shall be empowered to lay down any provisions requiring the application of the provisions of this royal decree, and to modify its attachments.

2. The measures included in this rule may not result in an increase in appropriations, remuneration or other personnel costs.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on October 17, 2014.

FELIPE R.

The Minister of Education, Culture and Sport,

JOSE IGNACIO WERT ORTEGA

ANNEX I

Competences to be acquired in order to enable the training programmes of training courses and updating of the directives on the development of the managerial function

The training programmes for training courses and the updating of the directives on the development of the Directive should enable the acquisition of generic and specific skills.

1. The acquisition of generic skills will enable the development of the following skills:

a) Leadership skills and promotion of teamwork.

b) Motivation skills.

c) Skills for information management and decision making.

d) Communication skills.

e) Skills for conflict management and coexistence.

f) Skills for the organization, management and coordination of a teaching center.

g) Strategic direction skills: planning, implementing, and evaluating plans and projects.

h) Control and monitoring skills.

i) Skills for change management and innovation.

2. The acquisition of specific skills will enable the development of the following skills and their theoretical knowledge:

a) The regulatory framework applicable to educational institutions.

b) The use of Information and Communication Technologies.

c) Administrative and economic management.

d) The management and management of human resources.

e) Managing institutional documents.

f) The organization of times and spaces.

g) The participation of the educational community and the promotion of the external image.

h) Institutional management.

i) Evaluation, improvement plans and promotion of the quality of the center.

ANNEX II

Training programs for training courses on the development of the directive function

The training programmes of the training courses on the development of the managerial function will contain at least the following trunk modules:

1. Module I. Regulatory framework applicable to educational institutions.

a) Spanish legal order. State and regional regulations.

b) Common administrative procedure. Autonomic rules on administrative procedures.

c) Educational laws and regulations.

(d) Legal framework applicable to the teaching centre and its collegiate bodies.

e) Regulations applicable to civil servants and employees.

f) Budgetary, financial, public procurement and civil liability regulations.

g) Norms relative to the child.

h) Data protection standards and their application to educational institutions.

2. Module II. Organisation and management of teaching centres.

a) The teaching center as an organization: a function and institutional documentation.

b) Management of the center by projects.

c) Institutional image, collaboration, and external promotion of the center.

d) Functions and responsibilities of management and management.

e) Planning and coordination structures.

f) Management of the center as an educational organization: curriculum models, teacher education, educational innovation, networking.

g) Evaluation of teaching practice.

h) School experience. Prevention of conflicts and programs to improve coexistence. Strategies and best practices.

i) The participation of the educational community.

3. Module III. Management of the resources of the teaching center.

a) Administrative and economic management.

b) Human resource management.

c) Managing time and spaces.

d) Complementary services.

e) Tools for quality management. Curricular specialization of quality centers and actions.

f) The role of Information and Communication Technologies in the centre. Computer tools. Development of new teaching and learning models.

g) Services in support of institutional centres and programmes. European educational programmes.

h) Prevention of occupational and manual risks of self-protection.

4. Module IV. Key factors for effective direction.

a) Educational leadership for management. Leadership as an influence.

b) Essential leadership skills. What do effective leaders do?

c) Leadership models.

d) European trends in educational leadership. Training platforms and best practices.

e) Tools for the exercise of leadership towards learning improvement.

f) Social skills in the management of the teaching centre.

g) The decision-making process.

h) Interpersonal communication and group operation. Emotional skills.

i) Resolution of conflicts.

5. Module V. Accountability and educational quality.

a) Quality management and self-assessment of teaching centers.

b) Autonomy, transparency and accountability.

c) Improvement plans. Strategic planning of the processes.

d) Evaluation of the education system. Assessment of apprenticeships: Development and application of tests.

e) Tools for the evaluation of the teaching center.

6. Module VI. Management project.

a) Diagnostic analysis of the teaching center.

b) Areas of improvement.

c) Project goals.

d) Action plans and their timing.

e) Resources and organization of the center for achieving the goals.

f) Project monitoring and evaluation: achievement indicators.

ANNEX III

Training programs in the course of updating directives on the development of the directive function

The training programmes of the courses for updating the directives on the development of the directive will contain at least the following trunk modules:

1. Module I. Update on the regulatory framework applicable to educational institutions.

2. Module II. Management of institutional approaches.

a) Tools for evaluation, reflection and improvement of institutional and planning documents.

b) Strategies for the improvement of the institution's institutional image, collaboration and external promotion.

c) Good practices in conflict prevention and improvement of coexistence.

d) Implementation of plans to improve academic results.

3. Module III. Efficient and effective management of the resources of the teaching center.

a) Tools for quality management.

b) Use of Information and Communication Technologies in the centre. Computer tools. I work in networks. Development of new teaching and learning models.

c) Collaboration with support services to institutional centers and programs. European educational programmes for the improvement of apprenticeships.

4. Module IV. Key factors for effective direction.

a) Strategies for developing shared leadership.

b) European trends in educational leadership. Training and collaboration platforms. Good practice.

c) Tools for the exercise of leadership towards improving learning and skills development for innovation, motivation, entrepreneurship, coaching and guidance.

d) Strategies for improving interpersonal communication and working groups. Emotional skills. Decision making. Negotiation techniques. Time Management.

5. Module V. Accountability and educational quality.

a) Quality management models and self-assessment of teaching centers.

b) Exercise of autonomy, transparency and accountability.

c) Management of change in centers. Improvement plans. Strategic planning of the processes.

6. Module VI. Management project.

a) Diagnostic analysis of the teaching center.

b) Areas of improvement.

c) Project goals.

d) Action plans and their timing.

e) Resources and organization of the center for achieving the goals.

f) Project monitoring and evaluation: achievement indicators.