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Order Of 30 December 1998 By Which Dictate Rules Amending The Educational Concerts For The Academic Year 1999 / 2000.

Original Language Title: ORDEN de 30 de diciembre de 1998 por la que se dictan normas sobre la modificación de los conciertos educativos para el curso académico 1999/2000.

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Article 46 of the Basic Rules of Procedure on Educational Concerts, approved by Royal Decree 2377/1985 of 18 December, provides for the possibility of modifying the number of units of the Centres which have subscribed to the appropriate educational concert with the Ministry of Education and Culture, in order to ensure the proper exercise of the right to education. In the light of these rules, it is necessary to establish the procedures for amending and extending the existing concerts for the coming 1999/2000.

The process of early implementation of the teachings of the new educational system carried out by the private centers in previous courses, advises to establish the necessary norms to modify the educational concerts to end to continue with the implementation of the new teachings within the framework of the provisions of the Concert Regime.

Likewise, the third transitional provision of the Organic Law 1/1990 of 3 October establishes that the private centers arranged with provisional authorization to impart the first or second cycle of secondary education Compulsory may extend the educational concert for one year, provided that the same requirements and requirements for schooling are maintained which gave rise to the granting of such provisional authorisation. In accordance with that provision, the necessary rules should be adapted to extend, for the 1999/2000 course, the educational concerts of the first and second cycle of compulsory secondary education in private teaching centres with authorisation. interim to impart these teachings.

On the other hand, in accordance with the provisions of the additional provision secondary to the Law 9/1995 of 20 November 1995 on the Participation, Evaluation and Government of the Teaching Centres and with the purpose of extending the The granting of access to the concert regime for this type of teaching in the course of 1999/2000 is foreseen progressively the gratuitousness in the second cycle of the Children's Education.

As a consequence of the regulation of the complementary training for the Transition to Adult Life, which will be taught in the Special Education Centers at the end of the compulsory Basic Education stage, as provided in the Royal Decree 696/1995, of 28 April, of ordination of the education of students with special educational needs, it is appropriate to adapt the educational concerts maintained by the private teaching centers of Special Education to the model of organisation of the lessons to be set out in the ministerial order, which will govern the Training programs for the Transition to Adult Life, aimed at students with special educational needs in schools.

Finally, Royal Decree 173/1998, amending Royal Decree 1487/1994 of 1 July, amending and supplementing Royal Decree 986/1991 of 14 June 1991, approving the timetable for the implementation of the new In the course of the academic year 1999-2000, the fourth year of compulsory secondary education will be implemented and the lessons of the second course of education will be taught. Multi-purpose Unified Baccalaureate and the second first-degree vocational training course. In accordance with this provision, it is appropriate to take the necessary measures to bring the educational concerts of the private teaching centres into line with the new educational system established by the Organic Law 1/1990 of 3 October, Educational System.

For all of which, as provided for in Article 7 of the Basic Rules of Procedure on Educational Concerts, I have been willing to:

Modification and extension of educational concerts for the academic year 1999/2000.

First. -According to Organic Law 8/1985 of 3 July, regulating the Right to Education, and with the Basic Rules of Procedure on Educational Concerts, the private schools will be able, during the month January 1999, submit a request to the Ministry of Education and Culture to modify and extend the educational concerts signed in the terms established in this Order. For the modification and extension of the educational concerts for the 1999/2000 course, in addition to the authorized capacity of the Centers for teaching, it will be in accordance with the following paragraphs.

Concerts with Mandatory Secondary Education Centers with provisional authorization.

Second. -1. The centres which have obtained the provisional authorisation to carry out the first cycle of compulsory secondary education, as laid down in the seventh transitional provision of Royal Decree 1004/1991 of 14 June 1991, may extend the educational concert for these lessons if the needs of schooling which gave rise to such provisional authorisation are maintained, although they will not be able to implement the second cycle of compulsory secondary education.

2. The centres with provisional authorization for the second cycle of compulsory secondary education, which in the course of 1998/1999 have already taught the third course of these lessons, will modify the educational concert continuing with the implementation of the The fourth year of compulsory secondary education.

3. Primary Education Centres with provisional authorization to teach the first cycle of compulsory secondary education, who have applied for authorization as a compulsory secondary education, may apply for the corresponding educational concert, the grant of which will be conditional upon obtaining the required authorization.

Concerts with Mandatory Secondary Education Centers with definitive authorization.

Third. -The Centers with definitive authorization to impart compulsory secondary education will extend the educational concert in the course of 1999/2000 for the number of units needed to implement the fourth course of the Compulsory secondary education, in accordance with the authorized capacity for these teachings.

Concerts with Mandatory Secondary Education Centers with Centers of Primary Education.

Fourth. -1. The number of compulsory secondary education units for the year 1999/2000 will be taken into account in the compulsory secondary education centres in which the membership of other primary education centres has taken place. to the total of the units of all the centres affected by the membership.

2. In compulsory secondary education centres where, as a result of the subscriptions referred to in the previous paragraph, the educational concert is modified by a greater number of units than the one necessary to provide continuity in those units. Educational centres for pupils who are schooled during the 1998/1999 course, the units attached must be covered by mutual agreement between the holders of the centres concerned, and should not be used to carry out the job of the whole of the Staff of the Centres concerned.

Concerts with first-degree vocational training centres and sections and with multi-purpose Unified Baccalaureate Centres. To teach the second cycle of compulsory secondary education.

Fifth. -- 1. The Centres and Sections of First-degree Vocational Training and the Unified Vocational Baccalaureate will change the educational concert subscribed, given that the second vocational training course of the first year will be taught in the academic year 1999/2000. degree and the second course of the Multi-purpose Unified Baccalaureate. These centres may request the modification of the educational concert by replacing the second-course units of first-degree vocational training or of a multi-purpose unified baccalaureate by the units in which the second cycle of training takes place. Compulsory Secondary Education.

2. The above paragraphs are without prejudice to the fact that these centres are implementing the provisions set out in paragraphs 6.7y8of the third transitional position of the Organic Law 1/1990 of 3 October in the new wording given by The Organic Law 9/1995, of November 20, of the Participation, Evaluation and Government of the Teaching Centers.

3. For the subscription of concerts referred to in this paragraph it will be necessary for these centres to have obtained definitive authorization or, where appropriate, provisional authorization to impart the second cycle of the compulsory secondary education, to the protection of the provisions of the transitional provisions of Royal Decree 1004/1991 of 14 June 1991.

Concerts with First-degree Professional Training Sections and First-and Second-Degree Professional Training Centers. To teach the training of middle-ploughed training cycles and social guarantee programs.

Sixth. -1. The holder of the first-degree vocational training section who has obtained authorization to teach the teaching of medium-grade training courses, as well as that of the first or second-grade vocational training centres, may be entitled to to request the modification of the concert by replacing the second-course units of first-degree vocational training or second-degree vocational training units with the units in which the mid-grade training courses are delivered, according to the authorized capacity for this teaching.

2. First-degree vocational training units may also be converted into units in which Social Guarantee Programmes are provided, the profiles of which have been defined by the educational administration and are equivalent to those of the middle-grade training that the Center has authorized. Given the experimental nature of the provision in the concerted vocational training centres of the Social Guarantee Programmes, the units which are designed to provide these lessons will be financed through the modules. (a) the economic activity of the Member State concerned, which has been approved by the general budget of the State for each financial year, for the purpose of financing the first-degree vocational training courses.

3. In both cases, the teaching of first-degree or second-degree vocational training will no longer be taught, as the transformation to the new teaching is taking place. All this, taking into account the provisions of paragraphs 6 and 8 of the third transitional provision of the Organic Law 1/1990 of 3 October, in the new wording given by the Organic Law 9/1995 of 20 November, in the sense that these Centres may not subscribe to concerts, which as a whole involve a number of units in excess of which each Centre was established at the time of entry into force of the said Organic Law 1/1990.

Concerts with first-or second-grade vocational training centers to teach higher-grade training courses.

Seventh. -1. The holder of the first or second-degree vocational training centres may apply for an amendment to the educational concert by replacing the first or second-degree vocational training units with the units in which they are (i) provide for training courses of a higher degree, provided that they meet the requirements of the Royal Decrees 1004/1991 of 14 June 1991 and 777/1998 of 30 April, as well as those laid down in the provisions governing the organisation of the Vocational training, in accordance with the provisions of the third final provision of the Organic Law 9/1995, of 20 November, consequently, that they have obtained the necessary authorization to impart these teachings.

2. Educational concerts to teach the teachings of higher-grade formative cycles will have the character of singular concerts.

3. Since the system of financing the higher education courses has not been regulated, the units which are designed to provide these lessons will be financed according to the economic modules approved by the Budget Law. General of the State for each financial year, intended for the financing of the teaching of second-degree vocational training.

4. The reference centres shall cease to teach the teaching of vocational training of first or second grade, as the transformation to the new teaching takes place.

Concerts with second-degree vocational training centres or a multi-purpose Unified Baccalaureate to teach the LOGSE Baccalaureate.

Eighth. -1. The holder of the second-degree vocational training centre or the multi-purpose unified baccalaureate may apply for the modification of the concert by replacing the second-degree vocational training units and the single secondary school. Polyvalent, by units in which the teachings of Baccalaureate are given in advance in Organic Law 1/1990, provided that the Centre has complied with the requirements laid down in the transitional provision of the Royal Decree. 1004/1991, dated 14 June, as amended by Royal Decree 1487/1994 of 1 July 1994 and having in Article 3 (8) of the third transitional provision of the Organic Law 1/1990 of 3 October, as amended by the Organic Law 9/1995 of 20 November.

2. As the economic modules for the purpose of financing the new Baccalaureate's teaching are laid down in the General Budget Law for the 1999 financial year, the units agreed in these lessons shall be financed in accordance with them, irrespective of the units in which the processing took place.

3. Educational concerts to teach the teachings of Baccalaureate will have the character of singular concerts.

4. The Centres will no longer teach the vocational training of a second degree or a multi-purpose Unified Baccalaureate, as the transformation to the new teaching is taking place.

Concerts with Centers associated with the integration program of students with special educational needs.

Ninth. -The Centres welcomed or which are engaged in the programme of integration of pupils with special educational needs who will escort students of these characteristics into the Concerted Secondary Education units They will have the necessary economic resources to ensure a quality education for these students, as set out in Royal Decree 696/1995 of 28 April, of ordination of the education of students with special educational needs.

The teaching staff who must attend to these students, in accordance with the provisions of Article 8.2 of the Royal Decree, will have to be Masters with the specialties of Therapeutic Pedagogy or Special Education and Hearing Language.

Concerts with Children's Education Centers.

Tenth. -1. The Centre for Children's Education under the scheme of educational concerts will maintain the same number of concerted units as in 1998/1999, taking into account the number of pupils in school in this course.

2. The Child Education Centres which have the ultimate authority to provide the second cycle of these teachings may request access to the educational concert scheme within the time limit set out in the first paragraph of this Order, for this cycle.

3. The following priority criteria shall be taken into account in the award of educational concert for this type of teaching:

(a) Centres at compulsory levels in whose children's education and primary education units are in school, during the 1998/1999 course, pupils with special or educational needs ethnic and socio-cultural minorities.

b) The socio-economic level of the families of students who have been schooled in the Child Education and Primary Education Centres, during the course of 1998/1999.

4. In any case, the educational concert for this type of teaching is conditional on the credit approved in the General Budget Law of the State for the financial year 1999, aimed at financing the teaching of Children's Education in Centers concerted.

Special Education Centres with Concerted Units in Vocational Training "Learning of Tasks".

11th. -1. The Special Education Centres under the scheme of educational concerts with concerted units in Special Vocational Training which provide the "Learning of Tasks" mode, will have to start the transformation to adapt to the new ones. teaching.

Because in the course of 1999/2000 the first year of the Training Programs for the Transition to Adult Life will be implemented and the first course of Special Professional Training in the form of "Learning" will cease to be taught. ", the concerted units in the 1998/1999 course in this type of teaching will be able to be transformed into units in which the Training Programs for the Transition to Adult Life are given.

2. However, on a transitional basis and with the aim of providing the most appropriate response to the special educational needs and needs of pupils who are schooled in Special Education Centres that end Basic Education Compulsory in the course of 1998/1999, special vocational training units-'Learning of tasks ' may be transformed into units in which Social Guarantee Programmes are provided, in the specific form for these pupils.

3. The financing of the Training Programmes for the Transition to Adult Life or the Social Guarantee Programmes for pupils with special educational needs shall be carried out in accordance with the economic modules approved in the Budget Law. State General for Special Vocational Training-"Learning of Tasks".

Concerts with Primary Education Centers that come from Basic General Education Centers with definitive authorization or classification.

Twelfth. -On an exceptional basis and where there are needs for schooling, in the course of 1999/2000, the private teachers ' centres of primary education which are definitively authorised or classified as centres of Basic General Education, which has not obtained final authorization as a secondary school, or the provisional authorisation to impart the first cycle of compulsory secondary education under the provision of the provision Royal Decree 1004/1991 of 14 June 1991 will be authorised to be able to provide and agree only with the lessons of the first cycle of compulsory secondary education, in order to ensure that pupils who are schooled in these centres during the current school year 1998/1999, do not suffer disruption in their studies.

13th.-The educational administrations of the Autonomous Communities in which this Order is applicable and who assume the full exercise of their powers in the field of non-university education prior to (i) the resolution of concerts for 1999/2000 may be adopted in accordance with the provisions of this Order and in accordance with its budgetary provisions.

in addition, the educational authorities which, in the course of the present year, will be responsible for non-university education, may take into account the assessments of the provincial concert commissions. This Order is intended for the purpose of implementing the consultation of the Centres under its budgetary resources.

Procedure for the modification and extension of educational concerts.

14th. -1. Requests for modification and extension of educational concerts shall be submitted in the Provincial Directorates of the Ministry of Education and Culture in whose territory the respective Centres are located, within the prescribed period. in the first paragraph of this Order and in accordance with the models set out in Annex thereto.

2. Applications must be signed by those who appear in the Register of Teachers ' Centres as holders of the respective Centres. In the event that the ownership corresponds to a legal person, the application must be signed by the person representing the legal person.

3. The Centers that apply for the first time to perform a concert for Child Education, as well as for mandatory teachings, must accompany the following documentation:

(a) An explanatory note in the terms of Royal Decree 2377/1985 of 18 December 1985.

(b) Updated certificates issued by the Territorial Administration of Social Security and by the Delegation of the relevant tax office, or any other means that credit the Centre's ownership finds the current of its tax and social security obligations.

(c) When the holder of the Centre is a cooperative, a copy of the Statutes which the Rijan shall be attached shall be attached.

4. The non-contribution of the documents referred to above shall result in the application not being taken into consideration.

15th. -Provincial Directorates of the Ministry of Education and Culture shall verify that the holders of the Centers provide the required documentation and submit the applications submitted and, where appropriate, the proposals of change of office to the provincial committees of educational concerts, whose composition and actions are set out in the following sections.

sixteenth. -1. The Provincial Education Concert Committees, which will be formed during the month of January of the current year, will have the following composition:

President: The provincial director of the Ministry of Education and Culture.

Vocals:

A member of the educational administration appointed by the provincial director.

A representative of the Autonomous Community to which the province belongs.

Three representatives of the holders of the Concerted Centres, appointed by the organizations of the holders, in the provincial field, of the sector of the concerted teachings, in proportion to their representativeness.

Four teachers representing the trade union organizations that will cover the most important in the provincial field of concerted education and will ensure the presence of the trade union organizations that have the the status of more representative at the State level, as provided for in the Organic Law on Freedom of Association, of 2 August 1985.

A representative of the parents of students appointed by the Federation of Parents of Alumni more representative in the provincial field of the concerted teaching.

Secretary: The Secretary of the Provincial Directorate of the Ministry of Education and Culture.

2. The agreements of the provincial concert commissions shall be adopted by a majority of the members who make up the same.

Seventeenth.-The provincial commissions of educational concerts shall meet as many times as necessary, upon convocation of their President, during the first fortnight of February of the current year, in order to examine and to evaluate the applications and Memories submitted and to formulate the corresponding proposals in the terms provided for in Article 23 of the Basic Rules of Procedure on Educational Concerts.

Eighteenth. -During the second half of February of the current year, the provincial directors, in the light of the agreements adopted by the provincial commissions, will raise, with the reports they consider relevant, the proposals for educational concerts in the field of their province, which should be motivated, together with the corresponding requests and documentation, to the Directorate General of Educational Centres.

Nineteenth.-The Directorate-General of Educational Centres, taking into account the current regulations, as well as the budgetary resources allocated to the financing of the concerted centres, will evaluate the applications submitted and proceed, through the Provincial Directorates, to give the applicants a view of the file, setting a time limit for them to be able to rely on what they consider to be their right.

Twentieth.-Once the claims submitted by the applicants have been assessed and after the Department's Delegated Intervention has been audited, the Directorate-General will draw up a definitive proposal for a resolution on the modification and extension of the requested educational concerts, which will raise it to the Minister of Education and Culture.

Twenty-first.-The Minister of Education and Culture will decide on the modification and extension of the educational concerts, as well as on the granting or refusal of the educational concerts requested, before the date established in Article 24.2 of the Basic Rules Regulations on Educational Concerts.

Twenty-second. -The Resolution, which in the event of being denied shall be motivated, shall be notified to the persons concerned and shall be published in the "Official Gazette of the State". This Resolution will terminate the administrative route and against it may be brought before the National Court, within two months from the day following the notification of the same, according to The provisions of Articles 25 and 46.1 of Law No 29/1998 of 13 July, regulating the Administrative Jurisdiction.

Twenty-third. -1. The modifications and extensions of the educational concerts to be agreed under this Order will be formalized, before 15 May 1999, by means of diligence that will be attached to the educational concert formalization document.

2. For the first time, concerts which are signed in accordance with the provisions of this Order shall be formalized in the form provided for and before the date set out in Article 25 of the Basic Rules of Procedure on Educational Concerts. The formalisation will be carried out in an official document adjusted to the model adopted by Order of 2 June 1997 ("Official State Gazette" of 12).

Twenty-fourth. -For what is not foreseen in this Order will be the provisions of the Order of 30 December 1996, for which rules are dictated for the application of the Educational Concerts Regime from the academic year 1997/1998.

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

Madrid, 30 December 1998.

AGUIRRE AND GIL DE BIEDMA

lllmos. Mr Deputy Secretary for Education and Culture and Secretary-General for Vocational Education and Training.

ANNEX

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