Royal Decrees 82/1996 and 83/1996 of 26 January, for which the Organic Regulations of the Schools of Child Education and of the Colleges of Primary Education and of the Institutes of Secondary Education are approved, respectively, authorize the Minister of Education and Science, in their first final provisions, to develop their provisions and to regulate how many issues arise from their implementation.

In use of the authorization granted, this Order specifies the different aspects arising from the new regulation of the governing bodies of the public institutions, in order to proceed to the election, designation, appointment and constitution of the same.

In your virtue, I have disposed:

Scope

First. -1. This Order shall apply to the processes of election, appointment, appointment and establishment of the single-personal and collegiate governing bodies held in the Schools of Child Education, Primary Education Colleges and Institutes of Education. Secondary education located in the territorial area of management of the Ministry of Education and Science.

2. This Order shall also apply, without prejudice to the adjustments resulting from the specific rules which, if necessary, regulate its governing bodies, the processes of election, appointment, appointment and establishment of the governing bodies. unipersonal and collegial to be performed at the following centers:

a) Special Education Centers.

(b) Centres abroad of ownership of the Spanish State in which it is to be constituted as a School Board, within the meaning of the additional provision of Royal Decree 1027/1993 of 25 June 1993, for which it is regulated educational action abroad.

c) Centers covered by agreements of the Ministry of Education and Science with the Ministry of Defense or other Public Corporations.

Choosing School Tips

Assumptions of choice or constitution

Second. -The centres referred to in the first paragraph of this Order shall proceed to hold elections in accordance with Articles 9 to 18 of the Organic Regulation of the Schools of Child Education and of the Schools of Primary Education, approved by Royal Decree 82/1996 of 26 January, and Articles 8 to 18 of the Organic Regulation of the Secondary Education Institutes, approved by Royal Decree 83/1996 of 26 January, and in this Order, when the following assumptions are given:

a) When School Councils are first constituted.

(b) When the School Councils are to be renewed for the period for which their members were elected.

(c) Where in the School Boards there are the vacancies referred to in Articles 9 and 10 of the Organic Regulations of the Secondary Education Institutes and of the Schools of Child Education and of the Colleges of Primary education, approved by Royal Decrees 83/1996 and 82/1996, of 26 January, respectively, when those correspond to all the positions of some sector of the School Board. In this case, the elected representatives shall end their term of office on the date on which the members of the Council to whom they replace have been concluded.

Election Period

Third.-The elections of representatives of the various sectors of the school community in the School Councils of the centers referred to in this Order will be held in the second half of November.

Representatives to choose

Fourth. -1. In the renewal by halves of the School Board, the number of representatives to choose in each one of them, will be the one that corresponds to each type of center, according to the regulations that are applicable to it.

2. In Primary Education colleges which provisionally provide the first cycle of compulsory secondary education, teachers, pupils and parents of pupils in this educational cycle will be integrated into the Primary School of Education and be part, as appropriate, of all of its governing bodies.

3. In these centres, a representative of pupils from the first cycle of compulsory secondary education will be part of the School Board, with a voice but no vote. For these purposes, an electoral bureau shall be established in accordance with the provisions of paragraph 3 of this Order.

The representative of the students in the first cycle of compulsory secondary education will be chosen by the students who are studying this educational cycle in the Primary School of Education.

4. In the case of Grouped Rural Schools, the municipal representation will be held every academic year by one of the Ayamentos to which the Grouping extends its scope.

Election boards

Fifth. -1. The electoral boards provided for in Article 11 of the Organic Regulation of the Schools of Child Education and of the Colleges of Primary Education and Article 10 of the Organic Regulation of the Institutes of Secondary Education, approved by Reales Decrees 82/1996 and 83/1996 of 26 January will be constituted before 21 October and will be used to organise the procedure of choice of the members of the School Board in the conditions that best ensure the participation of all the sectors the educational community.

2. The Directors of the centers shall organize, with due guarantees of publicity and equality, the drawing of the components, holders and alternates, of the Board of Elections, to which end the Electoral Censuses shall have elaborate. approved by the Board. They shall also take all preparatory measures necessary to facilitate the electoral process.

Sixth. -Once the electoral board has been established, in addition to exercising the powers granted to it by Articles 11 and 12 of the Organic Regulation of the Schools of Child Education and of the Primary Education Colleges approved by Royal Decree 82/1996 of 26 January 1996 and Articles 10 and 11 of the Organic Regulation of the Secondary Education Institutes approved by Royal Decree 83/1996 of 26 January 1996 will determine the period for the admission of representatives of the various sectors. Between the day of publication of the provisional list of candidates and the date of the votes, eight calendar days shall elapse.

Claims and impeachments

Seventh. -1. After the period of admission referred to in point 6 of this Order has been closed, the electoral board shall make public the provisional list of eligible candidates.

2. Against the provisional list it may be claimed within the day following that of its proclamation. The Board shall decide within the period of the working day immediately thereafter.

3. Against the decisions of the Board as regards the proclamation of candidates, ordinary appeal to the Provincial Director of the Ministry of Education and Science, whose resolution will end the administrative route.

Differentiated entries

Eighth. -When there are differentiated candidates for parents or students, the ballots will conform to the following rules:

(a) The names of the candidates shall be classified in alphabetical order from the initial first last name.

(b) If the candidate is presented as part of a differentiated candidacy, the name of the association and organization that the candidacy submitted shall be below its name.

c) The name of the candidate will be preceded by a box. The voter shall mark with a cross the box corresponding to the candidate or candidates to whom he grants his or her vote.

Election tables

Ninth. -1. The voting day shall be the voting tables provided for in Articles 13 and 14 of the Rules of Procedure of the Schools of Child Education and of the Schools of Primary Education and Articles 12, 13, 14 and 15 of the Rules of Procedure. Organic of the Institutes of Secondary Education, approved by Royal Decrees 82/1996 and 83/1996, of January 26.

2. The vote for the election of the representatives of the staff of administration and services in the Schools of Child Education and the Schools of Primary Education, where appropriate, shall be made before the Electoral Bureau of the teachers, in the urn Article 15 (3) of the Organic Regulation of these centres.

3. The vote for the election of the representative of the students of the first cycle of compulsory secondary education in the schools of primary education where the first cycle of this stage will be provisionally delivered to the electoral bureau of the parents, in separate ballot box.

4. The voting time shall allow all electors who so wish to exercise their right to vote.

Vote by Mail

10th. -Parents of students will be able to cast their vote by mail. To this end, the vote shall be sent to the electoral bureau of the centre before the vote is carried out, by means of a letter which shall contain the vote cast and a photocopy of the national identity document or a supporting document. equivalent.

Counting votes and drafting minutes

11th. -1. In each of the electoral acts, once the vote is complete, the Bureau will proceed with the vote count. A record shall be drawn up, signed by all the members of the Bureau, in which the elected representatives shall be registered, and the name and number of votes obtained by each of the candidates shall be drawn up in public. presented. The minutes shall be sent to the electoral board of the centre for the purpose of the proclamation of the various candidates elected; copies thereof shall be sent to the provincial director.

2. In cases where there is a tie in the votes, the election will be decided by a draw made by the electoral bureau. This fact shall be recorded in the minutes sent to the electoral board.

School Board Constitution

Twelfth. -Within ten days, from the date of the proclamation of the elected members, the Director shall convene the constitutive session of the new School Board.

13th. -1. The Provincial Directors of the Ministry of Education and Science, the Foreign Education Directors, the Directors of the Centers and the Electoral Boards, shall take the necessary measures to ensure the normal constitution of the Council. School of the center, and ensure the participation of all sectors of the school community in the respective processes, establishing the most favorable conditions that allow such participation.

2. The Directors of the institutions shall, within the maximum period of forty-eight hours, from the moment when the votes of all the sectors have been completed, complete and transmit to the provincial directors of the Ministry of Education and Science. the form in which the data is collected with the results of the participation shown in the Annex to this Order.

Elections of single-government organs of government

Assumptions for choice

Fourteenth. -The centers referred to in the first order of this Order, whose single-personal organs of government conclude the mandate for which they were appointed or are in one of the assumptions provided for in the Article 32.4 and 5 of the Organic Regulation of the Schools of Child Education and of the Colleges of Primary Education and Article 31.4 and 5 of the Organic Regulation of the Institutes of Secondary Education, shall choose, or designate, their organs (a) one-person government in accordance with the provisions of Articles 27 to 36 of the Organic Regulation of the Schools of Child Education and of the Colleges of Primary Education and Articles 26 to 35 of the Organic Regulation of the Institutes of Secondary Education, approved respectively by Royal Decrees 82/1996 and 83/1996, of January 26.

Election Period and Appointment Date

15th. -1. The Directors of the centres within the scope of this Order will be elected in the first half of June.

2. The appointment and inauguration of the single-member governing bodies shall take place with effect from 1 July of the year in which the election and appointment are held.

Candidates

sixteenth. -1. Candidates for Director shall submit in writing to the School Board a minimum of 15 days in advance, with respect to the date of the election, their address program and their professional merits in the terms set out in the article. 29 of the Organic Regulation of the Schools of Child Education and of the Colleges of Primary Education and Article 28 of the Organic Regulation of the Institutes of Secondary Education, approved by Royal Decrees 82/1996 and 83/1996, of January 26. The Registrar of the Centre shall, in advance, verify that the teachers submitting applications meet the requirements laid down in the Regulations.

2. In the centres referred to in Articles 28.4 and 27.4 of the Organic Regulations of the Schools of Child Education and of the Colleges of Primary Education and of the Institutes of Secondary Education, approved by Royal Decrees 82/1996 and 83/1996, of 26 January, respectively, may be submitted as candidates, on a provisional basis, all the teachers of the centre who meet any of the requirements laid down in those Articles. The Centre's Directorate shall examine the applications submitted in order to verify which of them complies with the highest number of requirements and in the order set out in the provisions of the Regulation.

The application that meets the highest number of requirements will be the one to be voted on by the School Board.

3. The proposal for the nomination of the candidate who obtains the absolute majority shall be notified by the Director of the Center to the Provincial Director for his/her corresponding appointment.

seventeenth. -The Director-elect will forward the proposal for the appointment of the remaining one-person governing bodies to the provincial director of the Ministry of Education and Science.

Eighteenth. -Provincial Directors and the Directors of the centers shall take the necessary measures to ensure the normal development of the process of choice referred to in this Order.

Nineteenth. -The references in this Order are made to the provincial directors of the Ministry of Education and Science shall be construed as references to the Ministry of Education or, failing that, to the Subdirectorate-General for Cooperation International in the case of the centers abroad of ownership of the Spanish State and the Subdirectorate General of the Inspection of Education for the case of the centers covered by the agreement of the Ministry of Education and Science with the Ministry of Defense.

Twentieth.-The Order of 5 October 1993 for the election of School Councils and single-personal bodies governing the government of the public institutions of Child Education, Primary Education and Education is hereby repealed. Secondary.

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

Madrid, 28 February 1996.

SAAVEDRA ACEVEDO

Excmo. Mr Secretary of State for Education.

ANNEX

Choosing school counselors from public centers

1. Identification data for the center

Denomination

Province Location

Educational level

Number of units

2. Type of School Board Choice

Full Council Renewal

First Time Council Election

Partial Council Renewal

Teachers Sector

Parent Sector

Alumni Sector

Administration and Services Personnel Sector.

3. Participation in elections and representatives

chosen

Teachers

Parent, parent, or tutor

Pupils

Administrative Services-Services

Total Census

Voters

Percentage of voters/census

Number of elected representatives

4. Representatives elected in differentiated applications (to be completed only in the event of the selection of members presented in the differentiated applications referred to in the seventh paragraph of this Order)

Sector Association/Association

Parents of students

Pupils