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Order Ecd/235/2002, Of February 7, Which Is The Forum For Educational Care To People With Disabilities And Their Competences, Structure And Operating Regime Are Established.

Original Language Title: ORDEN ECD/235/2002, de 7 de febrero, por la que se constituye el Foro para la Atención Educativa a Personas con Discapacidad y se establecen sus competencias, estructura y régimen de funcionamiento.

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Schooling and care for students with special educational needs associated with disability, which is one of the fundamental axes within the educational policy of the Ministry of Education, Culture and Sport, advises the establishment of a channel for the consultation and dialogue between the Educational Administration and the non-governmental organizations, at the state level, which represent the Spanish disabled in the subjects that are their own.

The personal, employment and social future of people with disabilities is determined by education which, based on the principles of integration, individualisation and standardisation, is geared to the best use of its The European Commission has made a number of important steps towards the development of the European Community in the field of human resources.

On 10 February 2000, the excellent Minister of Education and Culture and the Spanish Committee of Representatives of the Disabled agree to sign a Protocol of Collaboration under which the procedures will begin (a) a forum for the creation of a forum between the Ministry of Education and Culture and the Spanish Committee of Representatives of the Disabled.

In compliance with the previously agreed upon and prior approval of the Minister of Public Administration, pursuant to article 67.4 of Law 6/1997, of April 14, I have provided:

First. Establishment of the Forum. -It is the Forum for Educational Care to Persons with Disabilities, in order to promote, through this channel of consultation and dialogue, the incorporation of initiatives that improve the educational approaches in the care for students with special educational needs associated with disabilities, the planning of the answers best suited to the real needs of this student and the optimal use of resources.

Second. Regulation of the Forum. -The competences, structure and operating system of the Forum for

Educational Care for Persons with Disabilities will be in line with the Regulation, the text of which is inserted below.

Third. No increase in public spending. The functioning of the Forum for Educational Care to Persons with Disabilities will not imply an increase in public spending.

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

Madrid, 7 February 2002.

DEL CASTILLO VERA

Excmo. Mr. Secretary of State for Education and Universities and Ilmos. Mr General Secretariat for Vocational Education and Training and Directors-General for Education, Vocational Training and Educational Innovation and for Territorial Cooperation and High Inspection.

FORUM FOR EDUCATIONAL CARE FOR PEOPLE WITH DISABILITIES

SECTION FIRST. NATURE, OBJECT, FUNCTIONS AND COMPOSITION OF THE FORUM

Article 1. Nature and purpose.

1.1 The Forum for Educational Care for Persons with Disabilities is a collegiate body, of an advisory nature, attached to the Ministry of Education, Culture and Sport through the General Secretariat of Education and Training. Professional.

1.2 The Forum will assume the agreement signed in the framework of the Protocol of Collaboration between the Ministry of Education and Culture and the Spanish Committee of Representatives of the Disabled, signed in Madrid on 10 February 2000, and shall, as a matter of priority, implement the fourth clause of the said Protocol.

Article 2. Functions.

2.1 The Forum will have the following functions:

(a) Facilitate communication, exchange of opinions and information among the collective representing the Spanish Committee of Representatives of the Disabled and the Ministry of Education, Culture and Sport.

b) Receive information on programs and activities carried out by the various Public Administrations in the field of care for people with disabilities.

c) Formulate proposals and recommendations aimed at promoting the educational and social integration of students with special educational needs associated with disabilities.

d) To collect and channel the proposals of the social organizations whose activity is related to the students with special educational needs associated with disabilities, with a view to facilitating their educational integration and social.

e) To promote studies and initiatives on projects related to the educational and social integration of students with special educational needs associated with disabilities.

f) Maintain contacts with other international, regional and local analogue bodies.

g) To monitor the educational and social integration of students with special educational needs associated with disabilities and to collaborate in improving the support mechanisms necessary for their full integration into the different levels of education.

h) Decide on the initiatives and activities of the Forum that need to be disseminated and how it should be done.

2.2 The proposals, agreements or recommendations of the Forum that will be presented to the Government will be channeled through the General Secretariat of Education and Vocational Training.

2.3 When these proposals affect the educational and social integration of students with special educational needs associated with disabilities, in the normative provisions of the Ministry of Education, Culture and Sport, as in the plans and programmes of the state, the Forum will be consulted.

Article 3. Exercise of the duties.

The functions of the Forum will be exercised through the issuance of reports, proposals, recommendations and agreements.

The Forum will produce a report annually on the work carried out and on the situation of students with disabilities.

Article 4. Composition.

The Forum for Education Care for Persons with Disabilities will be made up of the following members: A President, fourteen Vocals, two of whom will be Vice-Presidents, and one Secretary.

SECTION SECOND. OF THE FORUM PRESIDENT

Article 5. Appointment.

The Presidency of the Forum will be held by a representative of the Ministry of Education, Culture and Sport with the rank of Director-General to be appointed by the General Secretariat for Education and Vocational Training.

Article 6. Functions.

Corresponds to Forum Chair:

a) Ostend the representation of the Forum.

b) Exercise the direction of the Forum.

c) Call the plenary sessions, chair them and moderate the development of the debates.

(d) Form the agenda for the meetings, taking into account, where appropriate, the requests of the Forum Vocals, presented in good time.

e) To vote in case of a tie vote.

f) Vising the minutes and certifications of the Forum agreements.

g) All other functions that are intrinsic to your status as Chairman of the Forum.

Article 7. Supply.

In the event of vacancy, absence or illness of the President, the replacement shall be the first, first, to the First Vice-President; in the absence of the latter, to the Second Vice-President and in the absence of both, to the representative of the Ministry Education, Culture and Sport to choose the Vocals.

SECTION THIRD. OF THE VICE-PRESIDENTS

Article 8. Choice and designation.

First Vice President of the Forum will be a representative of the Ministry of Education, Culture and Sport with the rank of Deputy Director-General appointed by the General Secretariat for Vocational Education and Training, and Vice President elected representative of the Vocals belonging to the Spanish Committee of Representatives of the Disabled.

Article 9. Functions.

Corresponds to Vice Presidents:

(a) Replace, in his order, the President in the cases of vacancy, absence or illness, exercising the functions assigned to him.

b) Exercise the functions intrinsic to his status as Vice President and member of the Forum, with the right to vote.

c) How many other functions are delegated to you by the President.

The Vice President function will not be a delegable function.

SECTION FOURTH. OF THE SECRETARY OF THE FORUM

Article 10. Designation.

He will be the Secretary of the Forum for Educational Care to Persons with Disabilities, an official of the Directorate-General whose head holds the presidency of the Forum, with a voice and without a vote.

Article 11. Functions.

Corresponds to Forum Secretary:

a) Canalize the relations of the Forum with the Administration of the State, Autonomous Communities, Local Entities and other Public or Private Organizations and Entes that could have a relationship with the policy of care for people with disability.

b) Receive the communications that the Forum Vocals raise to it, as well as how many notifications, acknowledgments, excuses for assistance, requests for data, corrections or any other kind of writing that are sent to the Forum.

(c) To provide, through the corresponding services, the Vocals with the information and technical assistance necessary for the exercise of the functions entrusted to them.

d) Authorize the minutes of the Forum sessions and issue the corresponding certifications.

e) Attend the plenary sessions.

f) Any other function entrusted to you by the Forum.

g) Attend the President in whatever he demands of it.

SECTION QUINTA. OF THE FORUM VOWELS

Article 12. Composition.

The Forum will be integrated by the following Vocals:

(a) Seven representatives from the Ministry of Education, Culture and Sport, one of whom will be First Vice-President, appointed by the General Secretariat for Vocational Education and Training.

b) Seven representatives of the Spanish Committee of Representatives of the Disabled, one of whom will be Vice President.

Article 13. Functions.

Corresponds to the Forum Vocals:

a) Participate in the debates, make proposals and propose motions.

b) Participate in the Commissions that are constituted.

c) Exercise their right to vote, and may include in the minutes their abstention or particular vote.

d) The right to the information necessary to properly fulfil the functions assigned to the Forum. To this end, they shall make in writing the corresponding request addressed to the Secretary of the Forum.

e) Formulating pleas and questions.

f) How many other functions are intrinsic to the condition of Vocal.

Article 14. Supply.

Each vowel may have an alternate, designated in the same way as the holder and with an appropriate level of representation. The alternate person shall replace the holder at the meetings of the Forum to which, for justified reasons, he is unable to attend.

Article 15. Duration of the mandate.

The term of office of the Vocals will be four years.

Article 16. Loss of the condition of Vocal.

Vowels will lose their condition of such for the following causes:

a) Expiration of the command.

b) Dissolution or legal incapacity of the Entity to which it represents.

c) Renunciation, accepted by the person who would have appointed them, to be communicated to the Secretary of the Forum.

d) Unjustified inassistance to three consecutive or five alternate Plenes.

e) To estimate the Ministry of Education, Culture and Sport or the Spanish Committee of Representatives of Disabled Persons that some Vocal does not represent, in which case the institution concerned will appoint another Vocal instead.

Article 17. Observers and guests.

For the purpose of meeting the objectives of the Forum and for the purpose of the representation of certain non-specific competences, areas not represented or any other circumstances that would make it appropriate, they may be to incorporate as observers with a voice, but without a vote, those who at any time are deemed appropriate.

International organizations interested in participating will be able to do so in a voice, but without a vote, as permanent guests.

SECTION SIXTH. FUNCTIONING OF THE FORUM. OF THE PLENO

Article 18. Meetings of the Forum.

The Forum will work in plenary and in Commissions.

Article 19. Convening of the plenary session.

The Forum for Educational Care to Persons with Disabilities will hold at least two regular sessions per year, the call of which will be agreed upon by the President. The latter may also agree, where it considers it justified and so request at the first annual session one third and in the second and successive majority of the members of the Forum, to call for extraordinary sessions.

The plenary session of the Forum may set up committees and working groups to be convened by selected experts for the purpose of the matter.

The ordinary calls for the Forum shall be carried out in good time and at least 15 days before the date of the meeting. For extraordinary calls, the deadline may be reduced. In any case, they must be held eight days before the meeting.

Calls should indicate the day, time and place of the meeting to be held, as well as the proposed agenda and include, where appropriate, the appropriate documentation for their prior study.

The first call will also announce the second call.

Article 20. Establishment of the plenary session.

The plenary session of the Forum shall be validly understood as first convocation when at least the majority of its components are present.

On the second call, the attendance of the third part of its members will be sufficient.

Article 21. Formalisation of plenary agreements.

Agreements may be adopted only on points which are included on the agenda unless, when validly constituted, it is agreed by a majority of those present that they are included in the agenda.

For the adoption of agreements, the majority of the attendees will be required and the President will direct the ties with his vote of quality.

The vote will be individual and secret, unless there is unanimity among the Vocals on another form of voting.

Vowels may record in the minutes their vote against the agreement or their abstention and the reasons for that.

The minutes will be written by the Secretary, with the approval of the President, and will be approved in the following session, accompanied by the corresponding draft of the minutes to the call.

SECTION SEVENTH. FUNCTIONING OF THE FORUM.

OF COMMISSIONS

Article 22. Committees.

The plenary session shall constitute the commissions it deems necessary for the examination of the matters covered by its jurisdiction.

Article 23. Composition of the Commissions.

The Commissions, in which there will be representatives of the Ministry of Education, Culture and Sport and the Spanish Committee of Representatives of the Disabled, will be composed of the members mentioned below, although they will be able to be invited to participate in the same experts on an individual basis, by reason of the subject:

(a) President, elected by a majority of the members of the Commission.

b) Secretary, elected by a majority of the members of the Commission.

c) Vocals.

Article 24. Operation of the Commissions.

The Commissions will draw up proposals or recommendations that, for approval, should be submitted to the plenary session.

Vowels who have signed up to several Commissions must choose to participate only in one of them, in the event that they are held simultaneously.

These Commissions shall meet at least once a quarter, without prejudice to the fact that they may be convened as many times as they deem appropriate, depending on the needs arising in the process of studying the subjects of their competence.

Article 25. Working Groups.

Eventually, the Working Groups of a given duration can be constituted and for the study of some concrete matter.

The Commissions referred to in Article 22 shall provide the Working Groups which they consider appropriate to establish, in the light of the specific subjects which are being studied at the time, without prejudice to the powers of the plenary.

Final disposition first.

The amendment or repeal of the Regulation will require the prior agreement of the Forum, by means of a mandatory report approved by two-thirds of the members.

Final disposition second.

When six months are missing for the completion of the mandate of the Vocals, the Secretariat of the Forum will begin the procedures for the selection of the new Vocals to be designated immediately after the dissolution session of the previous command.