JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Organic Law:

EXPLANATORY STATEMENT

The balanced progress of a democratic society, its collective well-being and the quality of the individual life of its citizens are the fruit of the development of education, at its various levels. Aware of this, societies are increasingly demanding educational goods and services, and their promotion and safeguarding by public administrations have become part of their own responsibilities.

In Spain, Article 27 of the Constitution enshrines the responsibility of public authorities as a fundamental guarantee of the right to education, at all its extremes.

In order to develop the constitutional principles in this field, the Organic Law 8/1985 of 3 July, Regulatory of the Right to Education, came to consolidate the exercise of that right within a school system conceived as school for all. At the same time, the Law recognized and strengthened the mixed, public and private regime, of the educational institutions, sanctioned the freedom of creation of centers, within the inexcusable viability, fixed the conditions in which the centers thus created enjoy public funding and, as an essential element of the structure of the publicly funded educational institutions, established the single-personal and collegiate organs of government and determined their functions and manner of constitution.

Later, the Organic Law 1/1990, of 3 October, of General Management of the Educational System, has restructured, from the perspective of renewal, the whole of the educational system. The main lines of this reform have been enlargement to 16 years of compulsory and free education, the establishment of compulsory primary and secondary education as new educational stages and the definition of a modern regulatory framework for baccalaureate and vocational training.

The Organic Law 1/1990 of 3 October, of General Management of the Educational System, has concretized the objectives and areas or subjects of the different stages and has defined in them the general characteristics of the new ones. curricula. Moreover, the Law, which has meant a decisive step forward for the improvement of the quality of education, to which it has dedicated its Title IV, has determined that the public authorities will give priority attention to the set of factors that favor it. Among them are the qualification and training of teachers, teaching programming, innovation and educational research, as well as educational and professional orientation, together with others especially related to the daily life of the centres, such as the directive function or the inspection.

The guidelines of Law 1/1990 of 3 October on the General Management of the Educational System are very innovative in terms of the structure of the educational system and its stages and teachings, the new responsibilities and autonomy of the institutions and teachers in the development of the curriculum, and the need for evaluation of the system as a whole.

It is therefore necessary to adapt to the new educational reality the participatory approach and the aspects related to organization and functioning that were established in Law 8/1985, of July 3, Regulatory of the Right to the Education.

In Spanish education, through the constitution of the School Councils of the centers, a system of participation began to develop in which the teachers, the students, the families, the staff of the administration and services, municipal representatives and the owners of private centers, thus bringing the constitutionally recognized rights to their practical application in the work of the centers.

It must be ensured that such participation, which is already a substantive component of the school activity, is carried out in the centres with optimum conditions, and that in the centres where specific vocational training is provided extends to the business world, with which the contents of the new teachings are associated.

On the other hand, the school board's own tasks should be strengthened, so that it can successfully deal with the complex tasks entrusted to it, among which, due to its importance, the choice of Director, the exercise of greater autonomy of organization and management and the determination of the guidelines for the elaboration of the educational project of the center, from the realization of the objectives that aim the taught teachings to the offer specifies that the student receives.

The choice of the Director should be the result of a procedure that ensures maximum the success of the community, so that they are selected to perform the most appropriate and best prepared teachers for perform the task of management, while ensuring the optimal functioning of the management teams and the efficient exercise of the tasks entrusted to them.

Special importance should also be attached to the professional development of teachers and systems to improve their career prospects, both in the pure exercise of education and in the possible promotion of responsibilities for coordination, management or management. Good teaching practice, rewarded with adequate social recognition, should be an unequivocal basis for professional incentives.

In addition, improving the quality of teaching requires the extension of the limits of the evaluation, so that it can be applied effectively to the whole of the educational system, in its teachings, centers and teachers.

For the most effective achievement of such purposes, the inspector function must be regulated, so that it can be sufficiently accredited that all the described factors work with correction and harmony.

The special requirements of the inspector's function, which is essential to accurately detect the real state of the various elements of the educational system and the determining causes of the results of the evaluations, make it essential have the best possible procedure in the selection of candidates to perform. Furthermore, it is necessary to provide the selected inspectors with a professional situation which will make it easier to exercise as decisive a task as yours.

It is also necessary to guarantee the schooling of students with special educational needs in the publicly funded schools. To this end, the centres in the same area will have to escort these students in equal proportion, according to the limits and resources that the educational administrations will determine.

Also, the appropriate participation, autonomy and organization of the centers should be extended to the assembly of the centers with public funds, which Law 1/1990, of October 3, of General Management of the Educational System, In order to ensure the effectiveness of the absence of discrimination in the choice of the centre by the pupils, the centres, in turn, must be able to incorporate into their educational project and the teaching of all the qualitative improvements that successive legal provisions come under the auspices of.

This Law is justified, which deepens the provisions of Law 8/1985 of 3 July on the Law of Education, in its participatory conception, and which completes the organization and functions of the governing bodies. of the institutions financed with public funds to adjust them to the provisions of the Organic Law 1/1990 of 3 October of General Ordination of the Educational System.

In coherence with these two Laws, which have constituted outstanding milestones of the same educational policy, and with a view to bringing them together and complementing them, this Law is due to the will, widely shared by society. Spain, to reaffirm with full guarantees the right to education for all, without discrimination, and to consolidate the autonomy of the educational institutions and the responsible participation of those who are part of the educational community, establishing a organizational framework capable of ensuring the achievement of the aims of reform and improvement of quality of life the teaching that has sought the Organic Law 1/1990, of October 3, of General Ordination of the Educational System, in reordering the Spanish educational system.

Like the previous ones, this Law is encouraged by the firm will to achieve an education that all Spanish children and young people have access to, with quality to form them solidly, with a view to participation. committed, responsible and enlightened in the social, civic and labour tasks that may correspond to them in adult life.

From these principles, guidelines and purposes are formulated the text of the Law.

The preliminary title defines the actions to be carried out by the public authorities in order to guarantee quality education in the educational activity, in accordance with the aims laid down in Law 1/1990 of 3 October General Planning of the Educational System, comprising the promotion of participation, support for the functioning of the governing bodies of the institutions, the establishment of evaluation procedures and the organization of the inspection educational.

Title I deals with the participation in the government of the institutions, participation in complementary and extra-school activities and the intermediate school councils, and also regulates the autonomy of management of the public educational institutions, the elaboration and publication of their educational project and autonomy in the management of resources.

Title II regulates the governing bodies of public schools. It defines and establishes the composition of the School Board of the institutions, its competences and the participation of the students and the Economic Commission, as well as the participation of the teachers through the Cloister, the competences of the Participation of the School Board and the Cloister in the evaluation of the Centre, and, finally, the Directorate. It determines the procedure for the election of Director, the requirements to be a candidate and to be accredited for the exercise of the management, and everything concerning the election of Director and his designation by the Educational Administration, with the the powers of the Executive Board, the appointment of the members of the management team and the term of office of the governing bodies. It also sets out measures to support the exercise of the directive and provides for the membership of an administrator in the centres which, due to its complexity, requires it.

The various contents and modalities of the evaluation, as well as the competences of the different institutions to carry out evaluation studies, participate in them, value and make public, in their case, the relevant outcome reports. This Title also addresses the participation of teachers in evaluating tasks.

Title IV deals with the Education Inspectorate and regulates the exercise of supervision and inspection by educational administrations. It determines the functions of the Education Inspectorate, the development of its exercise by teaching staff of the Body of Inspectors of Education, the requirements for access to it and the points concerning the training of inspectors, exercise of their duties and the organisation of the inspection.

Certain outstanding aspects are incorporated into the additional provisions. The second sets out that educational administrations must ensure the schooling of pupils with special educational needs in the publicly funded teaching centres, and the seventh introduces a number of amendments. As regards the arrangements applicable to the centres laid down in this Law for public institutions, all centres with public funds must be equally involved in the measures which promote the quality of the public sector. (a) education and the equivalent of social control mechanisms.

Thus, throughout its normative body, the Law delimits and entrenches the basic competencies and drives those of the educational administrations of the Autonomous Communities with competences in education. To them and to the Ministry of Education and Science, it recognises and attributes, where appropriate, both competences and responsibilities, not only in the crucial factors for improving the quality of education, but also in the statutory and in- the organisation of the life of the autonomy of the centres, of assessment and of the inspection.

In sum, this Law gives new impetus to the participation and autonomy of the different sectors of the educational community in the life of the educational institutions and completes a legal framework capable of stimulating the whole of factors that foster and develop the quality of teaching and its improvement.

PRELIMINARY TITLE

Article 1. Principles of action.

To ensure that educational activity is carried out in accordance with the principles and purposes laid down in Organic Law 1/1990 of 3 October, of General Management of the Educational System, the public authorities, to guarantee a quality education:

a) They will encourage the participation of the educational community in the organization and government of the teachers ' centers with public funds and in the definition of their educational project.

(b) Support the functioning of government bodies of publicly funded teaching centres.

c) They will promote and stimulate the continuing training and improvement of teachers, as well as innovation and educational research.

d) Establish procedures for the evaluation of the educational system, the centers, the teaching work, the management positions and the performance of the educational administration itself.

e) Organize the educational inspection in accordance with the functions assigned to it in this Law.

TITLE I

From the participation of the educational community in the organization and governance of the sustained teacher centers with public funds and in the definition of their educational project

CHAPTER I

From Participation

Article 2. Participation in the teaching centers.

1. The educational community will participate in the government of the centers through the School Board. Teachers will also do so through the Cloister, in the terms set out in this Law.

2. Parents will also be able to participate in the operation of the educational institutions through their associations. Educational administrations will regulate the procedure for one of the parents ' representatives in the School Board to be appointed by the most representative parent association in the center.

Likewise, educational administrations will strengthen the participation of students and students through support to their representatives in the School Board.

3. Educational administrations shall encourage and ensure the exercise of the democratic participation of the various sectors of the educational community.

Article 3. Participation in complementary and after-school school activities.

1. Local authorities will be able to work with educational institutions to promote extra-school and complementary activities and to promote the relationship between the programming of the centres and the socio-economic environment in which they develop their work.

2. The organisation and operation of the centres shall facilitate the participation of teachers, pupils and parents of pupils, either individually or through their associations and their representatives in the School Councils, in the election, organisation, development and evaluation of complementary school activities. For the purposes set out in this Law, they are considered to be those organized by the educational institutions, according to their educational project, during the school hours.

3. This participation and that of the whole of society in the after-school activities will also be facilitated.

4. The School Councils may establish collaboration agreements with cultural associations or non-profit entities for the development of extra-school and complementary activities, in accordance with the Educational administrations.

Article 4. Intermediate-level school boards.

Educational Administrations will be able to create School Councils delimiting their specific territorial scope, as well as their composition, organization and operation.

CHAPTER II

Of the organizational pedagogical autonomy and resource management of educational centers

Article 5. Autonomy of management of the educational institutions.

The centers will have autonomy to define the model of organizational and pedagogical management, which must be concretized, in each case, through the corresponding educational, curricular and, where appropriate, norms of operation.

Article 6. Educational project.

1. The centres shall draw up and approve an educational project setting out the objectives, priorities and procedures for action, on the basis of the guidelines of the School Board of the Centre. The preparation of these guidelines should take into account the characteristics of the school environment and the specific educational needs of the students, taking into account the proposals made by the Cloister. In any case, the principles and objectives set out in the Organic Law 8/1985 of 3 July of Regulation of the Right to Education will be guaranteed.

2. The educational administrations will establish the general framework and collaborate with the institutions to make them public their educational project as well as those other aspects that can provide information on the centers and orientation to the students. and their parents or guardians, and thus favor greater involvement of the whole of the educational community.

3. The educational project of the private institutions will be able to incorporate the own character referred to in Article 22 of the Organic Law 8/1985 of 3 July, Regulatory of the Right to Education, which in any case must be made public.

Article 7. Autonomy in the management of economic resources in public institutions.

1. The public teaching centres which provide education under the Organic Law 1/1990 of 3 October of General Management of the Educational System will have autonomy in their economic management in accordance with the provisions of this Law, as well as in the regulations of each educational administration.

2. The educational authorities may delegate to the governing bodies of the public institutions the purchase of goods, the hiring of works, services and supplies, with the limits laid down in the corresponding regulations. The exercise of the autonomy of the centers to administer these resources will be subject to the provisions that regulate the process of hiring and realization and justification of the expenditure for the educational administrations.

3. Without prejudice to the fact that all centres receive the economic resources necessary to meet their objectives with quality criteria, the educational authorities may regulate, within the limits laid down in the relevant legislation, This procedure will enable public schools to obtain additional resources, subject to the approval of the School Board. These resources must be applied to their operating costs and may not come from the activities carried out by the associations of parents and students in compliance with their aims, according to what the educational administrations establish. In any case, the educational authorities will give special support to schools that will be able to escort pupils with special educational needs or are located in socially or culturally disadvantaged areas.

4. The educational authorities may delegate to the governing bodies of the public institutions the powers they determine, responsible for the management of the material resources, which are made available to the centre.

TITLE II

Of the governing bodies of public teaching centres

Article 8. Action of the governing bodies of the public institutions.

1. The organs of government of the centers shall ensure that the activities of the centers are carried out in accordance with the principles and values of the Constitution, for the effective realization of the purposes of education, established in the laws and in the provisions in force, and the quality of education.

2. In addition, the governing bodies of the centres shall ensure, in the field of their competence, the exercise of the rights recognised to pupils, teachers, parents of pupils and administrative and service staff and shall ensure compliance with the corresponding duties. They shall also promote the effective participation of all members of the Educational Community in the life of the Centre, in its management and in its assessment.

Article 9. Governing bodies.

Public schools will have the following governing bodies:

(a) Collegiates: School Board, Faculty of Teachers and how many others determine the educational administrations.

(b) Unipersonal: Director, Head of Studies, Registrar or, if applicable, Administrator and how many others determine the educational administrations. CHAPTER I

From the School Board of Public Schools

Article 10. Composition of the School Board of the Center.

1. The School Board of the centres shall be composed of the following members:

a) The Director of the Center, who will be its President.

b) The Head of Studies.

c) A city council member or representative in whose municipal term the center is located.

(d) A number of teachers, chosen by the Cloister, which may not be less than one third of the total of the components of the School Board of the Centre.

e) A number of parents and pupils, respectively chosen by and among them, which may not be less than one third of the total of the Council's components.

f) A representative of the administration and services staff in the School Board. In the specific centres of special education, supplementary educational care staff shall be considered to be included in the administration and services staff.

g) The Secretary or, where appropriate, the Administrator of the Centre, who shall act as the Secretary of the Council, with a voice and without a vote.

2. Educational administrations shall regulate the conditions under which institutions providing specific vocational training or plastic arts and design may incorporate a representative into their School Board, with a voice but without a vote. proposed by the employers ' organisations or labour institutions present in the field of action of the centre, as determined by the educational administrations.

3. The educational administrations will determine the total number of components of the School Board and will regulate the process of choosing the representatives of the different sectors that integrate it.

4. In the specific centres of child education, in the incomplete primary education, in secondary education with less than eight units, in centres of permanent education of adults and special education, in which they provide Special arrangements as well as in those units or centres of special characteristics, the competent educational administration shall adapt the provisions of this Article and Article 9 (b) to the singularity thereof.

Article 11. Competence of the School Board of the Centre.

1. The School Board of the Centre shall have the following powers:

(a) Establish guidelines for the preparation of the educational project of the centre, approve and evaluate it, without prejudice to the competences which the faculty of teachers have in relation to the planning and teacher organisation.

(b) To elect the Director of the Centre and, where appropriate and subject to the agreement of its members adopted by a two-thirds majority, to propose the revocation of the appointment of the Director so elected.

c) Deciding on the admission of students, subject strictly to the provisions of this Law and provisions that develop it.

d) Approve the inner regime rules of the center.

e) Resolve the conflicts and impose the corrections with a pedagogical purpose that correspond to those behaviors of the students that seriously harm the coexistence in the center, according to the norms that establish the Educational administrations.

f) Approve the budget project of the center and the execution of the center.

g) Promote the renovation of school facilities and equipment and monitor their conservation.

h) Approve and evaluate the general programming of the center and the complementary school activities.

i) Set the guidelines for collaboration, for cultural and educational purposes, with other centers, entities and agencies.

j) Analyze and assess the general functioning of the school, the evolution of school performance, and the results of the evaluation of the educational administration.

k) Any other competition attributed to it in the corresponding organic regulations.

2. Educational administrations will determine the periodicity of the meetings of the School Board, as well as its convocation regime.

3. Educational administrations may, by way of exception, establish the requirement of qualified majority in the taking of certain decisions of particular importance for the operation of the centre and which affect the whole of the Community. educational.

Article 12. Student participation in the School Board.

1. Students may be elected members of the School Board, with the privileges set out in Article 11 of this Law, from the first cycle of compulsory secondary education. However, pupils in this first cycle of compulsory secondary education may not be eligible to participate in the election or the cessation of the Director.

2. Primary education students may participate in the School Board in terms of the corresponding organic regulations of the schools.

Article 13. Creation of commissions.

Educational Administrations will be able to regulate the creation of commissions under the School Board for the objectives to be determined.

CHAPTER II

From the Claustro of Teachers in Public Teachers ' Centres

Article 14. Participation of teachers.

1. The faculty of teachers is the own body of participation of these in the government of the center and has the responsibility to plan, coordinate, decide and, if necessary, to inform on all the teaching aspects of it.

2. The Cloister shall be chaired by the Director and shall be composed of all the teachers who serve in the centre.

Article 15. Competence of the Faculty of teachers.

They are Claustro competencies:

a) Formulate the proposed management team for the elaboration of the projects of the center and the annual general programming.

b) Approve and evaluate curriculum projects and teaching aspects, according to the educational project of the center, of the general programming of the center.

c) Promote initiatives in the field of experimentation and pedagogical research and in the training of teachers in the center.

d) Choose your representatives in the School Board of the center.

e) To know the candidates for the leadership and the programs presented by the candidates.

f) Coordinate the functions related to the orientation, mentoring, evaluation and recovery of the students.

g) To analyze and evaluate the results of the evaluation of the educational administration or any report on the progress of the school.

h) Any other that is entrusted to you by the respective organic regulations.

Article 16. Participation in the assessment of the centre.

1. The governing bodies shall regularly evaluate, in accordance with their respective competences, the operation and fulfilment of the objectives of the Centre.

2. The School Board and the Cloister will collaborate with the educational inspection in the evaluation plans of the center entrusted to them, in the terms that the educational administrations establish, without prejudice to the internal evaluation processes These bodies will define their projects.

3. The representatives of each of the sectors of the educational community in the School Board will be able to send reports on the operation of the center to the competent administration.

CHAPTER III

From the Public Center Address

Article 17. Procedure for the election of the Director.

1. The Director shall be elected by the School Board from among those teachers from the centre who have previously been accredited for the purpose of this function, and shall be appointed by the competent educational administration for a term of office. will be four years.

2. The election will take place by an absolute majority of the members of the School Board.

3. Where more than one candidate is present, none of them shall obtain an absolute majority, a second vote shall be taken in which only the most voted candidate shall appear in the first vote. The election in this second ballot will also require an absolute majority of the members of the school's School Board.

4. The School Board of the Center must know the management program, which must include the proposal of the single-personal governing bodies of the candidacy established in this Law, the merits of the accredited candidates and the conditions that they have allowed their accreditation for the exercise of the function of the Directive.

Article 18. Requirements to be a candidate for Director.

1. Any teacher, career officer, who meets the following requirements may be a candidate for Director:

(a) To have an age of at least five years in the body of the teaching public function from which one chooses and to have been a teacher, during a period of equal duration, in a center that provides teachings of the same level and regime.

b) Have final destination in the center, with an age in the center of at least one complete course.

(c) Haber has been accredited by the educational administrations for the exercise of the managerial function.

2. In the specific centres of early childhood education, in primary education incomplete, in secondary education institutions with fewer than eight units and in those providing special or special treatment for adults with less than eight units. eight teachers, the educational administrations may exempt candidates from meeting any of the requirements of the previous point.

Article 19. Accreditation for the exercise of the address.

1. Teachers who so request and who have passed the training programmes which the educational authorities organise for this purpose or hold the qualifications, which are related to the function, shall be accredited for the exercise of the address. directive, which the educational administrations determine. Teachers who wish to be accredited must also meet at least one of the following requirements:

(a) Experience and positive assessment of the previous work developed in the exercise of the positions corresponding to the unipersonal organs of government.

b) Positive assessment of the teaching work carried out in the classroom and in tasks of pedagogical coordination, as well as, where appropriate, in functions of organization, management and participation in government bodies.

2. Educational administrations shall lay down the conditions for applying these requirements, as well as the objective criteria and the procedure to be used for the assessment required for the relevant accreditation. They shall also make appropriate calls for teachers who wish to, and meet the requirements laid down, to be accredited for the exercise of the Directive.

Article 20. Designation of the Director by the Educational Administration.

1. In the absence of candidates, or where the candidates have not obtained the absolute majority, the relevant educational administration shall appoint a teacher who, irrespective of the centre in which he is assigned, meets the requirements (a) and (c) established in Article 18 of this Law.

2. The term of office of the Director so designated shall be four years.

3. In the case of centres of new creation, the educational administration shall appoint a teacher for three years to a teacher who meets the requirements (a) and (c) laid down in Article 18 of this Law.

Article 21. Powers of the Director.

Corresponds to Director:

(a) To direct and coordinate all the activities of the Centre towards the achievement of the educational project of the Centre, in accordance with the provisions in force and without prejudice to the powers conferred on the School Board of the Centre and their teachers ' cloister.

b) To represent the center and represent the educational administration in the center, without prejudice to the privileges of the other educational authorities.

c) Comply and enforce the laws and other provisions in force.

d) Collaborate with the organs of the educational administration in all matters related to the achievement of the educational objectives of the center.

e) Designate the Head of Studies, the Secretary, as well as any other unipersonal governing body that may be part of the management team, except the administrator, and propose their appointments and ceases to the Administration competent education.

f) Exercise the leadership of all staff assigned to the center.

g) to promote the coexistence in the center and to impose the corresponding corrections, in accordance with the provisions established by the educational administrations and in compliance with the criteria established by the School Board of the center.

h) To convene and preside over the academic acts and meetings of all the collegiate bodies of the centre and to implement the agreements adopted in the field of their competence.

i) Authorize expenses in accordance with the center's budget, order the payments, and view the official certificates and documents of the center.

j) Make the hiring of works, services and supplies in accordance with the provisions of Article 7.2 of this Law.

k) How many other competencies are attributed to the corresponding organic regulations.

Article 22. Termination of the Director.

1. The Director of the Centre shall cease his duties at the end of his term of office.

2. By way of derogation from the preceding paragraph, the competent educational administration may cease or suspend the Director before the end of the term of office when he or she seriously fails to fulfil his duties, subject to a reasoned report from the School Board. center, and audience of the interested party.

3. In addition, in accordance with Article 11 (b), the competent educational administration may terminate the Director elected by the School Board before the end of the term of office, where such a Council, after the agreement of its members, has been adopted. by a two-thirds majority, propose its revocation.

Article 23. Appointment and termination of the members of the management team.

1. The Head of Studies, the Registrar, as well as any other unipersonal governing body which may be a member of the management team, except the administrator, shall be appointed by the Director from among the teachers of the Centre, subject to prior notification. School Board, and will be appointed by the competent educational administration. The administrators may, where appropriate, be assigned to the centers by the educational administrations in accordance with the provisions of Article 26 of this Law.

2. In the newly created centres, the Head of Studies and the Secretary shall be appointed by the competent educational administration.

3. All members of the management team appointed by the Director shall cease to be in office at the end of their term of office or at the end of the term of office of the Director. However, the competent educational administration shall cease or suspend any of the members of the management team appointed by the Director before the end of the term of office, when they seriously fail to fulfil their duties, of the Director, giving an audience to the person concerned, and hearing the School Board.

4. The educational administration shall also cease any of the members of the management team appointed by the Director, on a proposal from the Director by reasoned writing, after communication to the School Board of the Center.

Article 24. Duration of the term of office of the governing bodies.

1. The term of office of the single-member governing bodies to be designated at the centre shall be four years.

2. In the newly created centres, the term of office of all the governing bodies appointed by the educational administration will be three years.

3. The School Board shall be renewed for halves every two years, without prejudice to the extent to which vacancies are filled until then. The educational administrations will regulate the partial renewal procedure, which will be carried out in a balanced way between the different sectors of the educational community that integrate it. They shall also regulate the transitional procedure for the first partial renewal, once the Council has been established in accordance with the provisions of this Law.

4. The Directors may perform their term of office at the same centre for a maximum of three consecutive periods. For these purposes, only periods for which they have been designated in accordance with the criteria laid down in this Law shall be taken into account.

Article 25. Support for management teams.

1. The unipersonal governing bodies shall constitute the management team and shall work in a coordinated manner in the performance of their duties.

2. Educational administrations will promote the exercise of the managerial function in the educational institutions by adopting measures to improve the performance of the management teams in relation to the human and material resources.

3. Educational administrations will organise training programmes to improve the qualification of management teams.

4. The management office will receive the financial and professional compensation provided by the educational administrations. In any case, they must be in line with the responsibility and dedication required.

5. The Directors of the public institutions appointed in accordance with the procedure laid down in this Law, who have exercised their position, with a positive assessment, during the period of time each educational administration determines, shall maintain, while remain in active status, the perception of a part of the corresponding remuneration supplement, in accordance with the number of years that they have exercised their duties. Educational administrations will establish the conditions and requirements for the perception of this complement.

Article 26. Administrator in public centres.

1. Educational administrations may be assigned to the public institutions which, due to their complexity, so require, an administrator who, under the authority of the Director of the Centre, will ensure the management of the human and material resources of the institutions.

2. In such centres, the administrator shall assume all the effects of the place and the powers of the Registrar and those which may be attributed to him by the respective educational administrations.

3. The administrators shall be selected in accordance with the principles of merit and capacity among those who credit the appropriate preparation for exercising the functions to be reciprocated.

TITLE III

From the assessment

ONLY CHAPTER

Article 27. Scope of the assessment.

According to the provisions of Article 62 of the Organic Law 1/1990 of 3 October, of General Ordination of the Educational System, the evaluation will be oriented to the permanent adequacy of the educational system to the demands In the case of education and training, it will be necessary to take account of the type of centre, the pupils, the educational processes, the teachers, the institutions and the administration itself.

Article 28. National Institute of Quality and Evaluation.

1. The National Institute of Quality and Evaluation will carry out the general evaluation of the educational system through the development of the activities provided for in Article 62 of the Organic Law 1/1990, of 3 October, of General Management of the System Educational.

2. The National Institute of Quality and Evaluation will offer support to the educational administrations that require it in the elaboration of their respective plans and evaluation programs.

3. The Government will periodically make public the conclusions of general interest of the evaluations of the educational system carried out by the National Institute of Quality and Evaluation and will make known the results of the quality indicators established.

Article 29. Assessment of the teaching centres.

1. The corresponding educational administration will develop and implement evaluation plans that will be applied at regular intervals to the public funds held with public funds and which will be carried out mainly through the inspection educational.

2. In the external evaluation of the centers, the collegiate and unipersonal organs of government will collaborate, as well as the different sectors of the educational community.

3. In addition to the external evaluation, the centers will evaluate their own functioning at the end of each course, in accordance with the requirements of the educational administration of which they are dependent.

4. Educational administrations shall inform the educational community and shall make public the criteria and procedures used for the assessment of the institutions, as well as the general conclusions to be obtained in those evaluations. However, the School Board shall be notified of the conclusions of the assessment for its centre. The assessment of the centres shall take into account the socio-economic context of the centres and the resources available to them, and shall be carried out on the processes and on the results obtained, both in terms of organisation, management and functioning, as well as all of the teaching and learning activities. Educational administrations will work with the centres to solve the problems that have been identified in the evaluation.

Article 30. Assessment of the public teaching function.

1. In order to improve the educational quality and the work of teachers, the educational administrations will draw up plans for the assessment of the public teaching function.

2. In the assessment of the public teaching function, the unipersonal organs of government of the institutions will have to collaborate with the inspection services and, in the aspects that are specifically established, the members of the community will be able to collaborate. educational to be determined by the corresponding Administration. In any case, the participation of teachers will be guaranteed in this process.

3. The plan finally adopted by each educational administration must include the precise aims and criteria of the assessment and the influence of the results obtained in the professional perspectives of the teachers of the public schools. This plan must be known in advance by the teachers.

Article 31. Professional development of teachers in public institutions.

1. The educational administrations will have the procedures to ensure that the assessment of the teaching practice is taken into account in the professional development of the teachers, together with the activities of training, research and innovation.

2. The educational authorities will give priority attention to the qualification and training of teachers, to the improvement of the conditions in which they carry out their work and to the encouragement of increased social recognition and recognition of the teaching function.

Article 32. Teacher training.

1. The educational administrations will promote the updating and improvement of the professional qualification of the teachers and the adequacy of their knowledge and methods to the evolution of the scientific field and the didactic methodology in the the scope of his teaching.

2. Teachers ' training programmes shall ensure the continuing training of teachers in the fields, subjects or modules in which the development of knowledge or the development of techniques and teaching strategies require to a greater extent.

3. The training programmes should also provide for the specific training of teachers in the organisation and management of centres, teaching coordination and counselling, and should take account of the conditions to facilitate the better functioning of the educational institutions.

Article 33. Innovation and educational research.

1. Educational administrations will promote the processes of educational innovation in the centers.

2. In addition, the educational authorities will give special support to educational research projects aimed at improving the quality of education and involving teams of teachers from different educational levels.

Article 34. Assessment of the Directive and of the inspection.

The educational administrations will establish an evaluation plan for the management function, which will assess the performance of the unipersonal organs of government of the centers with public funds. They shall also establish an evaluation plan for the educational inspection to assess the performance of the functions assigned to it.

TITLE IV

From Educational Inspection

ONLY CHAPTER

Article 35. Supervision and inspection.

The educational administrations, in the exercise of their powers of supervision of the educational system, will exercise the inspection on all the centers, services, programs and activities that integrate it, both public and In order to ensure compliance with the laws, the guarantee of rights and the observance of the duties of all involved in the teaching and learning processes, the improvement of the educational system and the quality of the teaching.

Article 36. Functions of the educational inspection.

The educational inspection functions will be as follows:

a) Control and supervise, from the pedagogical and organizational point of view, the functioning of educational institutions, both public and private.

b) To collaborate in the improvement of the teaching practice and the functioning of the centers, as well as in the processes of educational reform and pedagogical renewal.

c) Participate in the evaluation of the educational system, especially in the educational system, in the educational function and in the teaching function, through the analysis of the organization, functioning and results of the the same.

d) To ensure compliance, in educational institutions, with laws, regulations and other existing provisions affecting the education system.

e) To advise, guide and inform the various sectors of the educational community in the exercise of their rights and in the fulfilment of their obligations.

f) Report on educational programmes and activities promoted or authorised by the competent educational authorities, as well as on any aspect related to the teaching required by the the competent authority or the competent authority, through the regulatory channels, in the exercise of its functions.

Article 37. Exercise of the educational inspection.

1. In order to carry out the functions which are attributed to the Education Inspectorate in this Law, the Body of Inspectors of Education is created.

2. The Body of Inspectors of Education is classified in the A group of those established in Article 25 of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service. 3. The Body of Inspectors of Education is a teaching body, which is governed, in addition to the provisions of this Law, by the rules laid down in the additional provision of the Organic Law 1/1990, of 3 October, of General Ordination of the The Court of First Instance held that, together with those laid down in Law 30/1984 of 2 August 1984, Measures for the Reform of the Civil Service, as amended by Law 23/1988 of 28 July 1988 and Law 22/1993 of 29 December 1993, constitute the the basis of the statutory scheme for civil servants.

4. In accordance with the provisions of point 2 of the Additional provision of Law 1/1990 of 3 October 1990 on the General Management of the Education System, the Autonomous Communities shall order their inspection in the framework of their powers, respecting in any case the basic rules contained in the Law, as well as the provisions of the Law.

Article 38. Requirements for access to the Body of Education Inspectors.

1. In order to access the Education Inspectors ' Corps, it will be necessary to belong to one of the Bodies that make up the public teaching function, with a minimum teaching experience of ten years.

2. Applicants must also be in possession of the title of Doctor, Licentiate, Engineer or Architect and be able to prove the knowledge required by each Autonomous Educational Administration of the official language other than Spanish in their respective territorial areas.

Article 39. Contest-opposition.

1. The system of entry into the Body of Inspectors of Education will be that of the opposition.

2. The competent educational authorities shall convene the opposition subject to the following criteria:

a) In the competition phase, the professional trajectory of the candidates and their specific merits as teachers will be assessed. Among these merits, special consideration will be given to the performance of managerial positions, with positive evaluation, and, in the case of Secondary Teaching Teachers, the possession of the status of a professor. Particular attention may also be paid to specialisation in certain areas, programmes or teaching of the education system.

(b) In the opposition phase, the possession of the educational knowledge, management and educational legislation necessary for the performance of the tasks of the inspection and the mastery of the appropriate techniques shall be assessed. for the exercise of the same.

Article 40. Period of practice.

The candidates selected by the contest will have to carry out for their proper preparation a period of practice, at the end of which they will be appointed career officials of the Body of Inspectors of Education. The organisation of such practices shall, in each case, be the responsibility of the Management Board.

Article 41. Training of inspectors.

1. The improvement and updating in the professional exercise is a right and a duty for the Inspectors of Education and must contribute to adapt their professional training to the different areas, subjects, programs, teachings and levels in the that the educational system is ordered in order to be able to collaborate in the processes of pedagogical renewal.

2. The training of the Inspectors of Education will be carried out by the different educational administrations, in collaboration, preferably with the Universities.

Article 42. Exercise of the inspection functions.

1. For the purpose of carrying out their duties, the Education Inspectors shall have access to the public and private educational establishments, as well as to the services and facilities in which educational activities are promoted or authorized by them. Educational administrations.

2. In the performance of their duties, the Inspectors of Education shall have the consideration of public authority and as such shall be received from the various members of the educational community, as well as from the other authorities and officials, the aid and precise collaboration for the development of its activity.

Article 43. Organisation of the inspection.

1. Educational administrations, within the framework of their competences, shall organise their educational inspection and develop their organisation and operation.

2. They shall also lay down the precise requirements and procedures for the establishment of the administrative career of the Education Inspectors, taking into account their specialisation.

Additional disposition first. Inspector function.

1. The Body of Inspectors is declared to be extinguished to the Service of the Educational Administration (CISAE), created by the additional 15th of Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service, as amended by the Law 23/1988, of 28 July, in accordance with the wording given by Law 37/1988 of 28 December of the General Budget of the State.

2. Officials belonging to the said Body may choose to join the Body of Inspectors of Education, created in this Law, or to remain in their former Body, in a situation of "to extinguish".

Officials who choose to remain in the Inspectors ' Corps to the Education Administration Service (CISAE) will be entitled, in the form that is determined to be regulated, to be assigned to posts of (a) the work of the education inspectorate and for the purpose of mobility may participate in the competitions for the provision of posts in the education inspection.

Officials of the Inspectors ' Corps at the service of the Educational Administration of the Autonomous Communities with final destination, and integrated into the corresponding Corps according to the regulations dictated by those, may choose to remain in such Bodies or to be integrated into the Body of Inspectors of Education, established in this Law.

Officials referred to in the preceding paragraph who choose to remain in the Autonomous Communities shall have the right to be assigned to posts of education inspection and for the purposes of mobility. may participate in the competitions for the provision of posts in the Education Inspectorate.

3. The officials of the teachers ' bodies who have acceded to the inspection function in accordance with the provisions of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service, as amended by Law 23/1988 of 28 July, and which belong to group A (A) which establishes Article 25 of that Law, shall be integrated, as a body of the same group, in the Body of Inspectors of Education, provided that they have carried out the first three-year renewal, Paragraph 7 of the Additional Article 15 (5) of that Law is referred to. Those who have not carried out the first three-year renewal shall continue in the performance of the inspector's function until they complete the time they have failed for it, and once that renewal has been obtained, they shall be integrated into the Inspectors ' Body Education.

4. The officials of the teachers ' bodies attached to the inspection function in accordance with the provisions of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service, as amended by Law 23/1988 of 28 July, and which (b) they belong to group B teachers) of those set out in Article 25 of that Law, they shall be integrated into the Body of Inspectors of Education through one of the following procedures:

(a) By means of the procedure laid down in the additional provision sixteenth, paragraph 2, of the Organic Law 1/1990 of 3 October of General Ordination of the Educational System, in which case they shall be integrated into the Inspectors of Education at the time of access to any of the Bodies of Group A).

b) Through the realization of a concourse-opposition for access to the Body of Inspectors of Education. To this end, the educational authorities shall convene a special shift, in which only the officials referred to in this paragraph may participate. Those who go beyond the said opposition will be destined for the job of the inspector who they were carrying out. In the competition phase, account must be taken in particular of the time of exercise of the inspector's office and those in excess of the opposition will be exempt from the practice period.

5. The officials of the teachers ' bodies who have acceded to the inspection function in accordance with the provisions of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service, as amended by Law 23/1988 of 28 July, and do not access the Education Inspectors ' Body in any of the procedures set out in the above points of this additional provision, may continue to carry out the inspector's function definitively and until retirement as officials, in accordance with the provisions for which they were agreed.

Additional provision second. Schooling of pupils with special educational needs.

1. Within the framework of Article 4 of the Law of 3 July 1985 on the Law of Education, the Education Administrations will ensure that pupils with special educational needs are enrolled in schools. (i) a balanced distribution of students, taking into account their number and their special circumstances, so that the integrative idea is developed effectively. For this purpose, students with special educational needs are understood to be those who require, in a period of their schooling or throughout all of them, certain specific support and educational care for disabilities. physical, mental or sensory, to manifest serious disorders of conduct, or to be in disadvantaged social or cultural situations.

2. Teachers ' centres with public funds have an obligation to school the students referred to in the previous point, in accordance with the maximum limits to be determined by the competent educational administration. In any case, the same proportion of the pupils per unit in the educational establishments in the area concerned must be respected, except in cases where another criterion is advisable to ensure a better educational response to the pupils. students. Educational administrations will provide the centres with the resources needed to adequately address these pupils. The criteria for determining these allocations will be the same for publicly funded centres. In addition, in order to facilitate schooling and better incorporation of these pupils into the educational centre, educational administrations will be able to collaborate with other administrations, institutions or associations with responsibility or competence. established on the groups concerned.

3. In order to extend the offer of the second cycle of early childhood education, educational administrations will be able to set up financing systems with local corporations, other public administrations and private institutions. concerted, non-profit. Educational administrations will promote schooling in this educational cycle of students with special educational needs.

4. In the case of centres supported by public funds which provide various levels of education, the initial procedure for the admission of pupils will be made at the beginning of the offer of the target level of funding at the lowest age, according to the criteria which, for public institutions, are laid down in Article 20 of Organic Law 8/1985 of 3 July on the Law of Education, and it must be ensured, in any case, that there is no discrimination against pupils, for economic or other reasons, for access to such centres.

Additional provision third. Admission of students to certain lessons.

1. In the case of admission procedures for pupils in centres providing compulsory secondary education, where there are not enough places, priority shall be given to pupils who come from primary education institutions which are assigned to them. the procedure laid down by the relevant educational administrations.

2. In the case of admission procedures for students in higher education training courses, where there are not enough places, priority shall be given to those who have completed the baccalaureate mode which is determined in each case. Once this criterion has been applied, the academic record of the students will be met.

3. The educational authorities may preserve a part of the vocational training places of a higher degree than the students who have access through the test provided for in Article 32 of the Organic Law 1/1990 of 3 October General of the Educational System.

4. In accordance with the provisions of Article 41.1 of the Organic Law 1/1990 of 3 October of General Ordination of the Educational System, those students who are simultaneously teaching courses of music or dance and general regime teaching shall have priority for admission to the centres which provide such general arrangements as may be determined by the educational administration.

Additional provision fourth. From the higher centers of artistic teachings.

The higher centers of artistic teachings will foster research programs in the field of disciplines that are their own.

Additional provision fifth. Agreements with institutions that provide specific vocational training or social guarantee programmes.

1. Educational administrations will be able to set up educational conventions with centres providing training courses for specific vocational training, complementing the educational provision of public institutions, in accordance with the general programming of teaching.

2. Educational administrations may establish agreements with institutions or institutions that provide social security programmes to those referred to in Article 23 of the Organic Law 1/1990 of 3 October of General Ordination of the Educational System.

Additional provision sixth. Plans for teacher training for centres supported by public funds.

The educational administrations will establish procedures for the participation, in their training plans, of the teachers of the centres supported by public funds, as well as in the research programmes and innovation.

Additional provision seventh. Support for the function of the directive in the centres.

The educational administrations will enable, for the exercise of the function of the directive in the centres, economic and professional compensations, analogous to those foreseen for the managerial positions of the centers public in Article 25.4 of this Law. Such compensation must, in any event, be in accordance with the responsibility and dedication required.

Additional disposition octave. Specific designation for the School Board of the educational institutions.

Educational administrations will be able to establish a specific designation to refer to the School Board of educational institutions.

First transient disposition. Early retirement.

During the period of implementation, in general, of the teachings established in the Organic Law of General Ordination of the Educational System, the officials of the teachers ' bodies referred to in the provision The ninth of the law may be eligible for a voluntary retirement scheme in the terms and conditions laid down in that provision and in the rules which supplement and develop it.

Second transient disposition. Duration of the term of office of the governing bodies.

1. The term of office of the governing bodies appointed prior to the adoption of this Law shall be that which corresponds to the rules in force at the time of his appointment, except for those whose term of office is completed in 1995. shall be extended in accordance with the rules laid down for that purpose.

2. The educational authorities may extend the mandate of the governing bodies which are exercising their posts on the entry into force of this Law for a maximum period of nine months, so that the end of the term of office may coincide. with the course.

Transitional provision third. Accreditation for the exercise of management in public schools.

1. Teachers who have served as Director, Head of Studies or Secretary for a minimum of four years prior to the implementation of the system of choice of Directors, established in this Law, shall be accredited to exercise the address.

2. During the two years following the entry into force of this Law, the educational authorities may establish the equivalence between the training programmes referred to in Article 19 and the possession of other merits which they permit. to ensure the preparation for the exercise of the Directive.

Transitional disposition fourth. Adequacy of educational concerts.

As the introduction of new educational levels takes place, the amounts of the economic modules established will be fixed, in accordance with Article 49 of the Organic Law 8/1985 of 3 July, Regulation of the Right to Education, as amended by the final provision of the first paragraph of this Law, according to the conditions and characteristics that are finally derived from the new teachings.

Single repeal provision. Regulatory repeal.

1. Title III of the Organic Law 8/1985 of 3 July, Regulation of the Right to Education, paragraph 7 of the Additional provision of Law No 30/1984 of 2 August, as amended by Law 23/1988 of 28 July 1988, and the Second, with its corresponding paragraphs, and third paragraph of Article 61 of the Organic Law 1/1990, of 3 October, of General Ordination of the Educational System.

2. Other rules of equal or lower rank shall also be repealed as set out in this Law.

Final disposition first. Concerted centres.

1. A new point 7 is added and paragraphs 2 and 3 of Article 49 of the Organic Law 8/1985, of 3 July, are amended, with the following wording:

" 2. For the purposes of distribution of the overall amount referred to in the preceding paragraph, the amount of the economic module per school unit shall be fixed annually in the general budget of the State and, where appropriate, in those of the Communities. Autonomous, not being able, in these, to be inferior to the one established in the first ones.

3. In this module, the amount of which will ensure that the teaching is delivered in terms of gratuitousness will be differentiated:

(a) The amounts corresponding to the salaries of the teaching staff, including the contributions for the employer's contribution to the Social Security corresponding to the centres ' holders.

(b) The amounts allocated to other expenditure, comprising those of administration and service personnel, the ordinary maintenance and conservation and the replacement of real investments, without, in any event, computed depreciation and interest on own capital. The abovementioned quantities shall be set with criteria similar to those applied to public establishments. "

" 7. The rules governing the scheme of concerts shall take into account the specific characteristics of the teaching cooperatives in order to facilitate the management of their economic and human resources. "

2. Article 51 (2), (3) and (4) of Organic Law 8/1985 of 3 July on the Law of Education are worded as follows:

" 2. In the case of concerted centres, complementary school activities and after-school activities and school services may not be of a lucrative nature. The collection of any amount to the students in the form of complementary school activities must be authorized by the appropriate educational administration.

3. In the concerted centres, after-school activities, as well as the corresponding fees to be provided by the users, they must be approved by the School Board of the Centre and communicated to the appropriate educational administration. These activities may not be part of the school's school hours. The educational authorities shall establish the procedure for the approval of the school services provided by the institutions and their corresponding quotas. The collection of both types of activities may contribute to the maintenance and improvement of the facilities.

4. The educational administrations will regulate the extra-school and school-based activities of the centres, which will in any case be voluntary. "

3. A new paragraph is added to Article 54 of the Organic Law 8/1985 of 3 July, Regulatory of the Right to Education, with the following wording:

" 4. Educational administrations may provide that the centres with more than one level or stage financed by public funds have a single Director, School Board and Faculty of Teachers for the whole of the Centre. "

4. Article 56 (1) and (3) of Organic Law 8/1985 of 3 July on the Law of Education are worded as follows:

" 1. The School Board of the concerted centres shall consist of:

-The Director.

-Three representatives of the center holder.

-Four teachers ' representatives.

-Four representatives of the parents or guardians of the students.

-Two representatives of students from the first cycle of compulsory secondary education.

-A representative of the administration and service personnel. In the specific centres of special education, supplementary educational care staff shall be considered to be included in the administration and services staff.

The educational administrations will regulate the procedure for one of the parents ' representatives in the School Board to be appointed by the most representative parent association in the center.

In addition, the concerted centers that provide specific professional training may incorporate a representative of the business organization designated by the business organizations into their School Board with a voice but no vote. the procedure to be established by the educational administrations.

First-cycle students of compulsory secondary education will not be able to intervene in the cases of designation and termination of the Director. Primary education students will be able to participate in the School Board on the terms that educational administrations establish. "

" 3. The School Board of the Centre shall be renewed for half every two years, without prejudice to the completion of the vacancies. The educational administrations will regulate the partial renewal procedure, which will be carried out in a balanced way between the different sectors of the educational community that integrate it. They shall also regulate the transitional procedure for the first partial renewal, once the School Board has been established in accordance with the provisions of this Law. "

5. Paragraphs (g), (h) and (i) of Article 57 of Organic Law 8/1985 of 3 July, Regulation of the Right to Education, are worded as follows:

" g) Propose, where appropriate, the Administration of the authorization to establish perceptions to the parents of the students for the accomplishment of complementary school activities.

h) Participate in the implementation of the global pedagogical line of the centre and develop guidelines for the programming and development of complementary school activities, after-school activities and school services, as well. how to intervene, where appropriate, in relation to school services, in accordance with the provisions of the educational administrations.

i) Approve, where appropriate, on a proposal from the holder, the contributions of the parents of the students for the performance of extracurricular activities and the school services when the educational administrations have determined it. "

6. Article 59 (3) of the Organic Law 8/1985 of 3 July, Regulation of the Right to Education, is amended as follows:

" 3. The term of office of the Director shall be the same as in public institutions. "

7. Article 60 of the Organic Law 8/1985 of 3 July, Regulatory of the Right to Education, is worded as follows:

" 1. The vacancies of the teaching staff to be produced in the concerted centres will be announced publicly.

2. For the purpose of its provision, the School Board of the Centre, in agreement with the holder, shall establish the selection criteria, which shall cover basically the principles of merit and capacity.

3. The head of the centre together with the Director shall select the staff in accordance with the selection criteria established by the School Board of the Centre.

4. The head of the centre shall give an account to the School Board of the institution of the teacher's provision.

5. The dismissal of teachers from concerted centres will require a prior decision of the School Board of the Centre by means of a reasoned agreement adopted by an absolute majority of its members. Where such an agreement is unfavourable, the conciliation committee referred to in paragraphs 1 and 2 of the following Article shall be convened immediately.

6. The competent educational administration shall verify that the procedures for the selection and dismissal of the teachers are carried out in accordance with the provisions of the preceding paragraphs and may develop the conditions for the application of these procedures. "

8. Article 61 of the Organic Law 8/1985 of 3 July, Regulatory of the Right to Education, is worded as follows:

" 1. In the event of a conflict between the holder and the School Board of the centre or non-compliance with the obligations arising out of the scheme, a conciliation committee shall be set up, which may unanimously agree to the adoption of the measures. necessary, within the legal framework, to resolve the conflict or to correct the infringement committed by the concerted center.

2. The Conciliation Committee shall be composed of a representative of the competent educational administration, the holder of the centre or person to whom he delegates and a representative of the School Board elected by an absolute majority of his/her constituents. teachers or parents of pupils who have the status of members.

3. Educational administrations shall regulate the procedure to which the conciliation committees are to be submitted.

4. Failure to comply with the agreement of the Conciliation Committee will result in a serious breach of the educational concert.

5. In the event that the Commission does not reach the agreement cited, the educational administration, having regard to the minutes in which it sets out the reasons for its discrepancy, shall decide on the instruction in the appropriate file in order to determine the responsibilities in which the parties could have been involved, taking, where appropriate, the provisional measures which would give the normal development of the life of the centre.

6. On the occasion of a request for authorization to cease activities, the relevant educational authorities may impose the progressive cessation of activities to the centres which are either agreed or which would have been in the two years immediately. prior to the formulation of such an application, if the relevant school needs in the area of influence of the centre are accredited.

7. The educational administration may not in any case take measures which involve its subrogation in the respective faculties of the school holder or the School Board of the institution. "

9. Article 62 (1) (b), (2) and (3) of the Law of 3 July 1985 on the Law on Education and the Law of 3 July 1985 are worded as follows:

" 1.b) Perceiving amounts for complementary or after-school school activities or for school services that have not been authorized by the educational administration or the School Board of the school, according to has been established in each case.

2. The causes listed in the previous paragraph shall be considered serious where the administrative file instructed to the effect and, where appropriate, the judgment of the competent jurisdiction, results in the non-compliance being made on a profit-making basis, with This is a clear intention, with a manifest disturbance in the provision of the service of education or in a repeated or repeated manner.

The serious breach of the educational concert will result in the following sanctions:

-Imposition of fine, which will be between one third and double the amount of the concept "other expenses" of the economic module of the educational concert in force in the period in which the imposition of the fine is determined.

The sanctioning educational administration shall determine the amount of the fine, within the limits laid down in the preceding paragraph, and may proceed with the recovery of the fine by way of compensation against the amounts to be paid to the head of the school in application of the educational concert.

-The reiteration or recidivism of serious breaches will result in the termination of the concert. In this case, in order not to harm the students already in school, the educational administrations will be able to impose the progressive rescission of the concert.

The reiteration of serious non-compliances referred to in the preceding paragraph shall be verified by the competent educational administration in accordance with the following criteria:

-When it comes to the repetition of previous mistakes, it will be enough for this situation to be revealed in the Conciliation Committee that is constituted by this cause.

-In the case of a new lack of classification other than that previously committed, the instruction in the relevant administrative file will be necessary, once the appropriate conciliation committee has been carried out, in accordance with Article 61.

3. Non-serious non-compliance will result in a warning from the competent educational administration. If the holder does not remedy this breach, the Administration shall again warn him, pointing out that if such an attitude persists, it will lead to a serious non-compliance. "

Final disposition second. Teachers of artistic and language teaching.

1. A new paragraph is added to paragraph 3 of the 14th additional provision of the Organic Law 1/1990 of 3 October of General Ordination of the Educational System, with the following wording:

" Without prejudice to the privileges that each body has established and the specific mobility systems of each of them, the teaching officers referred to in this paragraph and those belonging to the Body of Teachers of secondary education may teach language teaching, indistinctly, in the Official Language Schools or in schools providing secondary education or specific vocational training, under the conditions set out in the Educational administrations establish ".

2. A paragraph 5 is added to the ninth provision of the Organic Law 1/1990 of 3 October of General Ordination of the Educational System, which is worded as follows:

" 5. However, the provision of places by teaching staff in higher education institutions shall be carried out by a specific tender, in accordance with the determination of the competent educational authorities. "

3. Paragraphs 6 and 7 of the Additional Article 15 (5) of the Organic Law 1/1990 of 3 October of General Ordination of the Educational System are amended, with the following wording:

" 6. The competent authorities may hire specialist teachers for artistic teaching under the conditions laid down in Article 33.2 of this Law.

7. In the case of special arrangements, specialists of foreign nationality may be recruited on a permanent or permanent basis under the conditions laid down in Article 33.2 of this Law. In the event that such a contract is made on a permanent basis, it shall be subject to employment law. Likewise, for higher-character artistic teachings, the government will establish the figure of professor emeritus. "

Final disposition third. Financing of private educational establishments providing specific vocational training.

Paragraphs 5, 6 and 8 of the third transitional provision of Organic Law 1/1990, of 3 October, of General Ordination of the Educational System are amended, with the following wording:

" 5. The private training centres of second grade which, at the time of the introduction of the new baccalaureate, are authorized to impart this educational stage, may modify the singular concert in force to apply it to the (baccalaureate) units, depending on the timing of the new teaching. "

" 6. The present concerts for the first or second degree of the current vocational training will be transformed into conventions for the maintenance of the mid-grade and higher-grade training cycles, depending on the timetable for the implementation of the training courses. new teachings. These agreements shall be established by the relevant educational administrations in accordance with the provisions of Title IV of the Law Regulatory Law on Education and in accordance with the characteristics of this Law. provide for the teachers of vocational training. "

" 8. The private institutions referred to in paragraphs 4, 5, 6 and 7 of this provision shall not be allowed to enter into concerts or, where appropriate, agreements in the educational sections referred to in those paragraphs, which together involve a number of units in excess of which each centre was arranged at the time of the entry into force of this Law, unless they so request for compulsory education, in which case the general scheme of concerts shall be subject to the provisions. '

Final disposition fourth. Development of this Law.

1. This Law is issued under the terms of paragraphs 1. 1, 18. and 30. of Article 149.1 of the Spanish Constitution.

2. The rules of this Law may be developed by the Autonomous Communities, with the exception of those relating to those matters whose regulation is entrusted to the Government by the Government or which, by its very nature, correspond to the State in accordance with the provisions of the Law of the In the case of the Court of Justice of the European Communities, the Court of First Instance held that the Court of First Instance

Final disposition fifth. References to the Autonomous Communities.

All references to the Autonomous Communities or to the educational administrations, contained in this Law, will be understood as referring to those who are in the full exercise of their educational competences.

Final disposition sixth. Rules with the character of Organic Law.

The precepts contained in Title II, paragraphs 1, 2 and 4 of the second additional provision, the third additional provision, the second transitional provision, the provision of the provisions of Title II are of the Organic Law. third transitional provisions, the repeal provision and the first and third final provisions of this Law, as well as this sixth final provision.

They are of an ordinary law the articles contained in Titles I, III and IV; additional provision first; paragraph 3 of the second provision second; fourth, fifth, sixth, seventh and fourth provisions Eighth, first and fourth transitional provisions; second, fourth, fifth and seventh final provisions.

Final disposition seventh. Entry into force.

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

Therefore,

I command all Spaniards, individuals and authorities to keep and keep this Organic Law.

Madrid, 20 November 1995.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ