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Royal Decree 732/1995 Of 5 May, By Which Establish The Rights And Duties Of Students And The Norms Of Coexistence In The Centers.

Original Language Title: Real Decreto 732/1995, de 5 de mayo, por el que se establecen los derechos y deberes de los alumnos y las normas de convivencia en los centros.

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TEXT

In education, the values that make life possible in society are transmitted and exercised and the habits of coexistence and mutual respect are acquired. Therefore, training in the respect of fundamental rights and freedoms and in the exercise of tolerance and freedom within the democratic principles of coexistence is, in accordance with Article 1 of the Organic Law 1/1990, of 3 October, the General Management of the Educational System, one of the most important goals to be pursued by the education system.

To this end, they must contribute not only the learning content transmitted in each of the stages of the educational system, but also, especially, the coexistence regime established in the center. The rules of cohabitation of the centre, regulating the rights and duties of the student, must promote the climate of responsibility, of work and effort, that allows all the students to obtain the best results of the educational process and to acquire the habits and attitudes contained in the Organic Law of General Ordination of the Educational System.

From this conception, it is necessary for the student to perceive that the norms of coexistence are not alien to the center, but have been elaborated and adopted by the whole of the educational community. Therefore, in the definition and implementation of the effective exercise of the rights and duties of the students, it is important that the autonomy of the center be strengthened.

It is also necessary that the rights recognized to students in Organic Law 8/1985, of 3 July, regulating the right to education, and which are developed in this Royal Decree, permeate the organization of the center, so that, exceeding the limits of the mere programmatic statement, the students can perceive their incidence in the daily life in the center. This is only possible if, in compliance with the provisions of the laws, the rules governing the internal system of the centre develop, concretely and adapt the rights declared to the special conditions of the centre, its educational project and its own needs. of the age and personal maturity of its students.

Both needs, therefore, lead to the desirability of providing educational centers with a great autonomy, both in the delimitation of their living standards and in the establishment of the mechanisms to enable them to ensure compliance. This autonomy of organization must also be understood in a global way, linked to an expansion of the margins of action in other fields: in the adaptation of the curriculum, in the definition of the educational offer and in the administration of the resources. The harmonious development of autonomy in these areas, which is included in Title IV of the Organic Law on the General Management of the Educational System, will enable the attainment of acceptable levels of quality in education.

The most important duty of students is to take advantage of the school post that society places at their disposal. Therefore, the interest in learning and class attendance, that is, the duty of the study is the consequence of the fundamental right to education.

on the other hand, in the definition and demand of the duties, it is necessary to take into account that the ultimate objective to be pursued is to reach, with the collaboration of all the sectors of the educational community, a framework of co-existence and self-responsibility that makes it virtually unnecessary to take disciplinary action. In any case, where these are unavoidable, the corrections must be of an educational nature and must contribute to the overall process of training and recovery of the student.

In the life of the educational institutions, different collectives are involved that are governed by specific norms; among them, it is particularly important from the educational point of view that it refers to the performance of the students, regulated by Royal Decree 1543/1988. It has therefore been judged necessary, and in the light of these principles and experience in the application of that rule, to draw up a new Royal Decree which will take account of the rights and duties of pupils and, in general, to help regulate the rules of cohabitation of the centres. The aim is to strengthen the autonomy of the institutions in the definition of their co-existence regime, to extend the rights of the students, to abolish those sanctions that entail the loss of the right to the continuous evaluation of the student and to establish a special regime for the rapid correction of those behaviors that do not seriously impair the coexistence in the center, it inserts in the process of formation of the student.

In its virtue, on the proposal of the Minister of Education and Science, prior to the report of the School Council of the State, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of May 5, 1995,

DISPONGO:

TITLE I

General provisions

Article 1.

The provisions of this Royal Decree will apply, in the territorial area of management of the Ministry of Education and Science, to the students of the centres held with public funds that provide some of the teaching regulated in the Organic Law 1/1990 of 3 October of General Ordination of the Educational System.

Article 2.

All students have the same basic rights and duties without any distinction as to those derived from their age and from the teachings they are pursuing.

Article 3.

The exercise of the rights and duties of the students will be carried out in the framework of the objectives that the educational activity attributes to the Law of the Organic Law 8/1985, of July 3, regulating the Law to the Education, and the Articles 1 and 2 of Organic Law 1/1990 of 3 October of General Ordination of the Educational System.

Article 4.

The educational administration and governing bodies of the educational institutions, in the field of their respective competences, will ensure the correct exercise of the rights and duties of the students and guarantee their effectiveness agreement with the present Royal Decree.

Article 5.

The School Board of the Centre is the competent body for the resolution of conflicts and the imposition of sanctions on the discipline of students, in accordance with the provisions of Articles 42 and 57 of the Organic Law. (i) the right to education and the respective organic regulations of the institutions.

Article 6.

The School Board will ensure the correct exercise of the rights and duties of the students. To facilitate this task, a co-existence committee shall be set up, composed of teachers, parents and students, chosen by the relevant sector, and which shall be chaired by the Director. The main functions of this Commission will be to resolve and mediate the conflicts raised and to channel initiatives from all sectors of the educational community to improve coexistence, mutual respect and tolerance in the teaching centres. All this in order to ensure a correct application of the provisions of this Royal Decree.

Article 7.

The governing bodies of the center, as well as the co-existence commission, will take the necessary preventive measures to guarantee the rights of the students and to prevent the commission of acts contrary to the norms of cohabitation of the centre. To this end, constant and direct communication with parents or legal representatives of students will be enhanced.

Article 8.

The School Board will prepare, whenever it deems appropriate and, in any case, once a year, a report that will form part of the final memory of the course on the operation of the center, in which the results of the study will be evaluated. the implementation of the rules of coexistence, giving an account of the exercise by the students of their rights and duties, analyzing the problems detected in their effective implementation and proposing the adoption of the appropriate measures. The Technical Education Inspectorate shall examine this report and propose to the centre or, where appropriate, the educational authorities the measures it deems appropriate.

Article 9.

The Rules of Procedure adopted by the School Board, which in public institutions are part of the educational project, will contain the rules of coexistence of the school, as well as the other rules on organization and participation in the life of the school that the School Board deems necessary. These co-living standards may specify and specify the rights and duties of the students recognized in this Royal Decree.

TITLE II

Of the rights of students

Article 10.

1. All members of the educational community are obliged to respect the rights set out in this Royal Decree.

2. The exercise of their rights by the students will involve the recognition and respect of the rights of all members of the educational community.

Article 11.

1. Students have the right to receive training to ensure the full development of their personality.

2. The training referred to in the preceding paragraph shall be in accordance with the aims and principles contained in Articles 1 and 2 of Organic Law 1/1990 of 3 October of General Ordination of the Educational System.

3. The full development of the student's personality requires a school work day to be accommodated in his/her age and a balanced planning of his/her activities.

Article 12.

1. In the framework of Title V of the Organic Law of General Ordination of the Educational System, on the compensation of inequalities in education, all students are entitled to the same opportunities for access to the different levels of education. At non-compulsory levels there will be no more limitations than those arising from their use or their skills for the study.

2. Equal opportunities will be promoted by:

(a) Non-discrimination on grounds of birth; race; sex; economic capacity; social level; political, moral or religious convictions, as well as physical, sensory and mental disabilities, or any other condition or personal or social circumstances.

b) The establishment of compensatory measures to ensure real and effective equality of opportunity.

c) The realization of educational policies of integration and special education.

3. The centres will develop initiatives to prevent discrimination against pupils, pay particular attention to the respect of the rules of coexistence and establish positive action plans to ensure the full integration of all pupils. of the center.

Article 13.

1. Students are entitled to have their school performance assessed with full objectivity.

2. In order to ensure the right to assessment with objective criteria, the centres should make public the general criteria to be applied for the assessment of apprenticeships and the promotion of pupils.

3. In order to ensure the training function to be assessed and to achieve greater effectiveness in the learning process of pupils, tutors and teachers will maintain a smooth communication with the learners and their parents as regards the learning process. assessments of the academic use of pupils and the progress of their learning process, as well as the decisions taken as a result of this process.

4. Students or their parents or guardians may claim against decisions and qualifications which, as a result of the evaluation process, are taken at the end of a course or cycle. This complaint must be based on the inadequacy of the test proposed to the student in relation to the objectives or contents of the area or subject to be assessed and the level envisaged in the programming, or the incorrect application of the established criteria for assessment.

5. The educational administration shall establish the procedure for the formulation and processing of claims against ratings and decisions which, as a result of the evaluation process, are adopted at the end of a course or cycle.

Article 14.

1. All pupils have the right to receive school and professional guidance in order to achieve maximum personal, social and professional development, according to their abilities, aspirations or interests.

2. In particular, the school and vocational guidance of pupils with physical, sensory and mental disabilities, or with social or cultural deficiencies, will be taken care of.

3. Career guidance will be based solely on the skills and aspirations of pupils and will exclude any differentiation on the basis of sex. The educational administration and the centres will develop the necessary compensatory measures to ensure equal opportunities in this area.

4. In order to make the students ' right to school and vocational guidance effective, the centres will receive the resources and the necessary support from the educational administration, which will be able to promote cooperation with other administrations and institutions.

5. Schools providing secondary education, higher education and artistic teaching will be linked to public and private institutions or companies in the environment, in order to make it easier for students to learn about the world. the employment and professional preparation that they will have to acquire in order to gain access to it. In addition, these centres may include in their annual general programming the corresponding visits or training activities.

Article 15.

All students have the right to have their academic activity developed in the proper conditions of safety and hygiene.

Article 16.

1. Students have the right to respect their freedom of conscience, their religious, moral or ideological convictions, as well as their privacy with regard to such beliefs or convictions.

2. Within the framework of the Organic Law on the Law on Education and the Organic Law on the General Management of the Educational System, the right referred to in the previous paragraph is guaranteed by:

a) The information, before the registration is formalized, on the educational project or on the character of the center.

b) The promotion of the students ' capacity and critical attitude that will enable them to carry out their freedom-conscious options.

c) The choice by the students or their parents or guardians, if those are minors, of the religious or moral formation that is in accordance with their beliefs or convictions, without this choice to be derived discrimination.

Article 17.

All students have the right to respect their physical and moral integrity and personal dignity, and in no case can they be subjected to abuse or degrading treatment.

Article 18.

Teachers ' centres will be obliged to reserve all information they have about the personal and family circumstances of the student. However, the centres shall communicate to the competent authority the circumstances which may involve abuse by the student or any other breach of the duties laid down by the laws of protection of minors.

Article 19.

1. Students have the right to participate in the operation and life of schools, in school activities and in the management of schools, in accordance with the provisions of the Law on the Law of Law on Education and on the Law of Organic regulations.

2. The participation of the students in the State School Council, the Territorial School Councils and the School Councils of the institutions, or in other governing bodies which, if necessary, will be established, will be carried out in accordance with the provisions in force in this respect.

Article 20.

Students have the right to choose, by direct and secret suffrage, their representatives in the School Board and the group delegates in the terms set out in the relevant Organic Regulations of the schools.

Article 21.

The Delegate Boards shall have the privileges, functions and rights assigned to them by the corresponding Organic Regulations.

Article 22.

1. The delegates may not be punished for the exercise of their duties as spokespersons for the students, in the terms of the regulations in force.

2. Members of the Board of Delegates, in the exercise of their duties, shall have the right to know and to consult the minutes of the School Board meetings, and any other administrative documentation of the Centre which affects them, except where dissemination could affect the right to privacy of people or the normal development of academic assessment processes.

3. The Head of Studies shall provide the Board of Delegates with adequate space to enable it to hold its meetings and the material means necessary for its proper functioning.

Article 23.

Students have the right to partner, creating associations, federations and confederations of students, which will be able to receive support, all in the terms provided for in the legislation in force. They also have the right to constitute cooperatives in the terms provided for in Law 3/1987 of 2 April, General of Cooperatives.

Article 24.

The students will be able to associate once they have finished their relationship with the center, at the end of their schooling, in entities that meet the old students and collaborate through them in the development of the activities of the center.

Article 25.

Students have the right to be informed by the members of the Board of Delegates and by the representatives of the associations of students, both of their own questions and of those affecting other educational institutions. and the education system in general.

Article 26.

Students have the right to freedom of expression without prejudice to the rights of all members of the educational community and the respect that institutions deserve in accordance with constitutional principles and rights.

Article 27.

Students have the right to express their disagreement with the educational decisions that affect them. When the discrepancy is collective, it will be channeled through the representatives of the students in the form established in the current regulations.

Article 28.

1. Under the terms of Article 8 of the Organic Law on the Right to Education, pupils may be able to meet in their teaching centres for school or after-school activities which are part of the educational project of the (a) the centre, as well as for others to which an educational or training purpose can be attributed.

2. The Directors of the centres shall ensure the exercise of the right of meeting of the pupils within the time of the centre. The rules governing the internal rules of the institutions shall set the timetable for the exercise of this right. Within the powers of management and coordination conferred on them by the Organic Law 8/1985 of 3 July on the Law of Education, the competent bodies of the centres will facilitate the use of the premises and their use for the exercise of the right of assembly.

Article 29.

Pupils have the right to use the facilities of the centres with the limitations arising from the programming of school and after-school activities and with the necessary precautions in relation to the safety of people, the proper conservation of resources and the right fate of them.

Article 30.

Students have the right to participate, as volunteers, in the activities of the educational institutions.

Article 31.

1. Students have the right to receive the necessary support to compensate for possible family, economic and sociocultural deficiencies, in order to promote their right of access to the different educational levels.

2. The educational administration will ensure this right through a scholarship policy and the support services appropriate to the needs of the students.

3. The educational administration shall establish appropriate measures to reconcile the continuation of studies with the military service or the replacement social provision to the extent that they permit it.

4. Pupils who are forced to move from the usual place of residence will also be given special attention.

5. The teaching centres will maintain relationships with other public and community services to meet the needs of all pupils and especially the disadvantaged sociocultural and economically disadvantaged.

Article 32.

1. In the academic and economic conditions established, the students who suffer from family misfortune will have the appropriate social protection so that they do not determine the impossibility of continuing and completing the studies that are curating.

2. The social protection referred to in the preceding paragraph shall include the establishment of an appropriate grant scheme and, where appropriate, the award of places in student residences.

3. In the light of budgetary resources, the public authorities will promote the granting of aid to families benefiting from social protection creditors.

4. The students will be covered by medical and hospital care and will be covered by health coverage under the terms of the legislation in force.

5. In the event of accidents or prolonged illness, pupils will be entitled to the necessary assistance, either through the required guidance, teaching material and the necessary assistance, so that the accident or disease does not detract from their school performance.

Article 33.

Where the rights of the students are not respected, or where any member of the educational community prevents the effective exercise of such rights, the competent body of the institution shall take the measures which it has taken provided for in the legislation in force, after hearing the persons concerned and, where appropriate, consult the School Board of the Centre.

Article 34.

In the Rules of Procedure of the Institutions which provide for the night's teaching, this circumstance shall be taken into account in the case of setting the criteria which may give rise to an appropriate assessment of the inattendance at the class of the pupils, for the purposes of fixing the corrections in the terms referred to in Article 43.

TITLE III

From the homework of the students

Article 35.

The study is a basic duty of students and is given the following obligations:

a) Attend class with punctuality and participate in the activities oriented to the development of the curricula.

b) Meet and respect approved schedules for the development of the center's activities.

c) Follow the guidance of teachers regarding their learning and show them due respect and consideration.

d) Respect the exercise of the right to study of colleagues.

Article 36.

Pupils must respect freedom of conscience and religious and moral convictions, as well as the dignity, integrity and intimacy of all members of the educational community.

Article 37.

It is a duty of the students to not discriminate against any member of the educational community by reason of birth, race, sex or by any other personal or social circumstance.

Article 38.

Students must respect the educational project or the very nature of the school, in accordance with the legislation in force.

Article 39.

Pupils must properly care for and use the furniture and facilities of the centre and respect the belongings of the other members of the educational community.

Article 40.

Students have a duty to participate in the life and functioning of the school.

TITLE IV

Coexistence rules

CHAPTER I

General provisions

Article 41.

The rules of cohabitation of the centre, as set out in the Rules of Procedure, will be able to carry out the duties of the students and will establish the corrections that correspond to the conduct contrary to the aforementioned norms. All this, in accordance with the provisions of this Title.

Article 42.

The breaches of the rules of coexistence will have to be assessed considering the situation and the personal conditions of the student.

Article 43.

1. The corrections to be applied for the non-compliance with the rules of coexistence must be of an educational and recuperative character, they must guarantee the respect to the rights of the rest of the students and they will seek improvement in the relations of all members of the educational community.

2. In any case, the correction of non-compliances shall take into account:

a) No student may be deprived of the exercise of his right to education, or, in the case of compulsory education, of his right to education, in accordance with the provisions of Article 53 (3) of this Royal Decree.

(b) No corrections shall be imposed contrary to the physical integrity and personal dignity of the student.

c) The imposition of the corrections provided for in this Royal Decree will respect the proportionality with the student's conduct and should contribute to the improvement of its educational process.

d) In accordance with the provisions of Article 48 of this Royal Decree, the competent bodies for the instruction of the file or for the imposition of corrections shall take into account the age of the student, both at the time (a) to decide whether to initiate or terminate the application of the sanction where appropriate.

e) The personal, family or social circumstances of the student will be taken into account before the corrective procedure is resolved. For this purpose, it may be possible to request the necessary reports on the circumstances and to recommend, where appropriate, the parents or legal representatives of the student or the competent public authorities to take the necessary measures. necessary measures.

(f) The School Board shall determine whether the inattendance at the class of the pupils for general reasons and previously communicated by the Board of Delegates shall not be subject to correction, and shall take the necessary measures to ensure that This situation has no impact on the academic performance of the students.

Article 44.

1. Students who individually or collectively cause damage intentionally or through negligence on the premises of the centre or their material are obliged to repair the damage caused or to take charge of the economic cost of their repair. Similarly, pupils who are able to take property from the centre must return the property. In any case, the parents or legal representatives of the students will be responsible for the terms provided by the law.

2. The lack of a repeated class can lead to the impossibility of the correct application of the general assessment criteria and the assessment itself. Apart from the corrections to be made in the case of unjustified misconduct, in the case of the guardian, the rules governing the internal system shall lay down the maximum number of faults per course, area and subject matter and the extraordinary systems of assessment. intended for these students.

Article 45.

For the purposes of grading corrections:

1. Palliative circumstances shall be considered:

a) The spontaneous recognition of their incorrect conduct.

b) The lack of intentionality.

2. Emphasis will be placed on:

a) Premeditation and reiteration.

b) Causing damage, injury, or offense to younger peers or those newly incorporated into the center.

c) Any act that atents against the right contained in article 12.2.a) of this Royal Decree.

Article 46.

May be corrected, in accordance with the provisions of this Title, acts contrary to the rules of cohabitation of the centre carried out by the students in the school grounds or during the performance of complementary activities and extracurricular. Similarly, the student's actions may be corrected, which, although carried out outside the school, are motivated or directly related to school life and affect their peers or other members of the educational community.

Article 47.

The school boards of the centres will monitor the effective implementation of the corrections in the terms in which they have been imposed.

CHAPTER II

Behaviors contrary to the rules of coexistence

of the center

Article 48.

Behaviors contrary to the rules of coexistence of the center may be corrected with:

a) Private or written assembly.

b) Immediate appearance before the Head of Studies.

c) Realization of specific jobs in non-teaching time.

d) Realization of tasks that contribute to the improvement and development of the activities of the center or, if appropriate, directed to repair the damage caused to the facilities or to the material of the center or to the belongings of other members the educational community.

e) Suspension of the right to participate in the after-school or complementary activities of the center.

f) Change of pupil's group for a maximum period of one week.

g) Suspension of the right of assistance to certain classes for a maximum period of three days. During the duration of the suspension, the student must perform the duties or works to be determined in order to avoid interruption in the training process.

(h) Suspension of the right of assistance to the centre for a maximum period of three days. During the duration of the suspension, the student must perform the duties or works to be determined in order to avoid interruption in the training process.

Article 49.

1. They shall be competent to decide on the corrections provided for in the previous Article:

(a) The teachers of the pupil, heard this, the corrections set out in paragraphs (a) and (b), giving an account to the tutor and the Head of Studies.

(b) The pupil's guardian, having heard the same, the corrections set out in paragraphs (a), (b), (c) and (d).

(c) The Head of Studies and the Director, the student and his/her teacher or guardian, the corrections provided for in paragraphs (b), (c), (d), (e) and (f).

(d) The School Board, heard by the student, as set out in paragraphs (g) and (h), may entrust the Director of the Centre with the decision corresponding to such corrections. The Director, hearing the guardian and the management team, shall take the decision after hearing the student and, if he is a minor, his parents or legal representatives, at an appearance of which the minutes shall be drawn. The Director shall apply the correction provided for in paragraph (h), provided that the student's conduct makes it difficult to develop the educational activities, and shall immediately inform the Commission of co-existence.

2. Conduct contrary to the rules of coexistence in the centre shall be prescribed within one month from the date of its commission. Corrections imposed as a result of these behaviors will be prescribed for the completion of the school year.

Article 50.

The student, or his parents or legal representatives, may lodge a complaint within forty-eight hours against the corrections imposed, corresponding to paragraphs (g) and (h) of Article 48, before the Director (a) the decision shall terminate the administrative procedure.

CHAPTER III

Severely harmful behaviors

for the cohabitation of the center

Section 1. Of Behavior That Hurt

seriously the co-existence of the center

Article 51.

It will not be possible to correct the behaviour that is seriously detrimental to the coexistence in the centre without the prior instruction of a file, which, after the collection of the necessary information, agrees the Director of the center, well for its own initiative or on a proposal from the School Board of the Centre.

Article 52.

Are considered to be seriously harmful behaviors for cohabitation in the center:

(a) Acts of indiscipline, injury or serious offenses against members of the educational community.

b) The reiteration, in the same school year, of conduct contrary to the norms of cohabitation of the center collected in Chapter II of Title IV of this Royal Decree.

c) Serious physical or moral aggression against other members of the educational community or serious discrimination for any of the reasons listed in Article 12.2.a) of this Royal Decree.

d) The impersonation of personality in acts of teaching life and the falsification or subtraction of academic documents.

e) Serious damages caused by misuse or intentionally in the premises, material or documents of the centre or in the assets of other members of the educational community.

(f) Unjustified acts which seriously disturb the normal development of the activities of the centre.

g) The actions detrimental to the health and personal integrity of the members of the educational community of the center, or the incitement to them.

h) Failure to comply with the sanctions imposed.

Article 53.

1. The conduct listed in the previous article may be corrected by:

(a) Realization of tasks that contribute to the improvement and development of the activities of the center or, if appropriate, directed to repair the damage caused to the facilities or the material of the center or to the belongings of other members of the educational community. These tasks must be carried out in non-school hours.

b) Suspension of the right to participate in the after-school or complementary activities of the center.

c) Group change.

(d) Suspension of the right of assistance to certain classes for a period exceeding five days and less than two weeks. During the duration of the suspension, the student must perform the duties or works to be determined in order to avoid interruption in the training process.

(e) Suspension of the right of assistance to the centre for a period of more than three days and less than one month. During the duration of the suspension, the student must perform the duties or works to be determined in order to avoid interruption in the training process.

f) Center change.

2. The School Board shall impose the corrections listed in the previous paragraph in accordance with the procedure laid down in Article 54 of this Royal Decree. Where the correction provided for in paragraph (e) of the preceding paragraph is imposed, the School Board may lift the suspension of its right of assistance to the centre or readmit it at the centre before the time limit laid down in the correction is exhausted, (a) a positive change in its attitude has been made.

3. Where the correction provided for in paragraph 1 (f) of this Article is imposed on a pupil of compulsory education, the educational administration shall provide the student with a school post at another school.

4. The conduct seriously prejudicial to the coexistence in the centre shall be prescribed within four months from the date of its commission. Corrections imposed as a result of these behaviors will be prescribed for the completion of the school year.

Section 2. Procedure for processing

of the disciplinary files

Article 54.

1. The instruction of the file shall be carried out by a teacher of the centre designated by the Director. The opening shall be communicated to the parents, guardians or persons responsible for the child.

2. The student and, where appropriate, his parents or their legal representatives may challenge the instructor to the Director when their conduct or manifestations may infer a lack of objectivity in the instruction of the case.

3. Exceptionally, at the beginning of the procedure or at any time of its instruction, the Director may, by his own decision or on a proposal, if appropriate, of the instructor, take the provisional measures which he considers appropriate. The provisional measures may consist of the temporary change of group or the suspension of the right of assistance to the centre or certain classes or activities for a period not exceeding five days. The measures taken shall be communicated to the School Board, which may revoke them at any time.

Article 55.

1. The instruction in the file must be agreed within a period not exceeding ten days, since the fact that the facts or conduct which has been the subject of correction under this Royal Decree were known.

2. The file will be given to the student and, if he is a minor, in addition to the parents or legal representatives of the student, communicating in any case the behaviors that are imputed to him and the measures of correction that are proposed to the School Council of the center. The period of instruction of the file shall not exceed seven days.

3. The Technical Inspection Service shall be notified of the initiation of the procedure and shall keep it informed of the processing until its decision.

Article 56.

The decision of the procedure must be taken within a maximum of one month from the date of initiation of the same and against the resolution of the School Board may be brought before the Provincial Director, in the the terms provided for in Articles 114 et seq. of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Additional disposition first.

1. This Royal Decree will be applied in the academic institutions in order to affect them according to the current regulations. The powers conferred on the Head of Studies in this Royal Decree shall be carried out in the teaching centres which are concluded by persons who are determined in their respective Regulations of Internal Conditions.

2. In accordance with the provisions of Article 25 of the Organic Law on the Law on Education and the Standards that Develop it, the private centers will not be able to establish their own rules of coexistence and to determine the body to which the disciplinary powers correspond.

Additional provision second.

The provisions of this Royal Decree will apply in the centers of children's education, primary education and special education with the adaptations that are precise according to the characteristics and age of their students and the regulations specific to these centres.

Additional provision third.

The provisions of this Royal Decree will apply to students who use the residence service, with the adaptations to be regulated in the Rules of Procedure of the Centre.

First transient disposition.

The current rules of procedure will have to be adapted to this Royal Decree and, in no case, can be applied if they are opposed to the provisions of this Royal Decree.

Second transient disposition.

The provisions of this Royal Decree will apply to the centers that provide teaching prior to those regulated in the Organic Law 1/1990, of October 3, of General Ordination of the Educational System.

Single repeal provision.

The Royal Decree 1543/1988 of 28 October on the rights and duties of students is repealed, and the provisions of equal or lower rank are contrary to the provisions of this Royal Decree.

Final disposition first.

1. The Minister of Education and Science is authorised to lay down the implementing and development provisions of this Royal Decree.

2. The Minister for Education and Science is hereby authorized to adapt the provisions of this Royal Decree to the peculiarities arising from the specific rules of the institutions referred to in Article 11.2 of the Organic Law 8/1985 of 3 July 1985, Regulation of the Law on Education.

Final disposition second.

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

Given in Madrid to May 5, 1995.

JOHN CARLOS R.

The Minister of Education and Science,

GUSTAVO SUAREZ PERTIERRA