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Order Of 11 October 1994 Which Regulates The Activity Of Volunteering In Public Centers That Impart Teachings Of General Regime.

Original Language Title: Orden de 11 de octubre de 1994 por la que se regula la actividad de voluntariado en los centros públicos que impartan enseñanzas de régimen general.

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TEXT

In the conception of the system and the educational activity that the Organic Law 1/1990, of 3 October, of General Ordination of the Educational System, it is one of the purposes of the system itself the preparation to participate actively in social and cultural life, and as one of the principles of educational activity to adjust the development of it, the relationship with the social, economic and cultural environment.

These statements have already been reflected in a direct manner in the Organic Regulations of the Schools of Child Education and of the schools of Primary Education and of the approved secondary schools, respectively, by the Royal Decrees 819/1993 of 28 May 1993 and 929/1993 of 18 June, whose Articles 76 and 94 expressly mention those purposes and principles. But they need, for their application in the activity of the centers, to have instruments of social participation that contribute to the achievement of the same, incardinated to be effective in the corresponding educational project of the center and always inside of the principle of pedagogical autonomy of the same, enshrined in the aforementioned Law.

Parents ' associations, the main means of parental involvement in the functioning of the educational institutions, have so far been the main one, and sometimes the only means of relationship between them and the environment. It has been very important for years to see the work carried out by these associations in supporting various activities of the centres and in the organisation of activities for pupils, taking on, often with an important personal dedication of some parents, a complementary role of great value.

Another of the means with which it is possible to count is, without a doubt, the one constituted by the cooperation of a volunteer who, spontaneously and disinterested, can contribute in many concrete aspects to make reality in each These are the objectives of the system. This is a resource and a mode of social participation that is very directly related to the associations of pupils and parents of pupils and that it is necessary to fit in the functioning of the educational institutions so that their actions can take place in a way effective.

Existing legal and regulatory channels exist for the establishment of a voluntary formula that can be provided in public schools, and without prejudice to the fact that the experience allows for a better profile of some aspects of such activity, especially when there is general legislation on social volunteering, it seems appropriate to deal with its schematic regulation, and only in the most indispensable, by means of an Order which has its legal framework in the provisions of the abovementioned laws and regulations.

It is convenient to also have present private centers that are held with public funds, in whole or in part, usually through educational concerts. Even though the scope of freedom and autonomy of these centres makes it unnecessary to regulate the voluntary service of the public institutions, their special scheme advises to include a reference in this regard in the form of a voluntary service. specific additional provision.

In its virtue, with the report of the School Board of the State, and in use of the powers that the department has attributed, according to the final provisions of the Royal Decrees 819/1993, of 28 May, and 929/1993, of On 18 June, for which the Organic Regulations of the Schools of Child Education and of the Schools of Primary Education and of the Secondary Education Institutes are approved, I have:

First. -1. The public teaching centres which provide teaching prior to the university, of general government, located in the territorial area of management of the Ministry of Education and Science, will be able to host collaborative initiatives offered by associations and other entities which, because of their links with the environment in which they are active, wish to contribute free and selflessly their contribution and that of their members to the achievement of the objectives of the Centre, by means of the The voluntary service is determined below.

2. The School Board of the Centre shall be the body responsible for studying and approving proposals which may be submitted for the development of voluntary activities. Those that were approved will be incorporated into the center's annual general programming. The establishment of such activities will be of a potential nature for the centres, in accordance with the principle of autonomy which is recognised by existing legislation.

3. Volunteering in schools will be governed by the principles of gratuitousness, solidarity and complementarity.

Second. -1. Voluntary collaboration in educational establishments will be carried out through voluntary organizations, which constitute the organized means of action and the relationship of the volunteers with these centers in the terms established in this Order.

2. For the purposes of this Order, they shall have the status of voluntary entities:

(a) The associations of pupils and parents of pupils formed, respectively, according to the Royal Decrees 1533/1986 and 1532/1986 of 11 July 1986, which, according to the same and their Statutes, carry out, according to the established in this Order, volunteer activities or contribute to them.

b) the associations of former students and any other public or private associations or entities, without profit, which, in accordance with their own statutory or regulatory rules, carry out, in accordance with the established in this Order, volunteer activities or contribute to them.

Third. -1. Any private legal person who makes financial contributions or provides, free of charge, any support in the form of availability of premises or other material means may be regarded as collaborating entities of the voluntary service. for the performance of activities to be carried out in the teaching centres referred to in this Order.

2. Both voluntary and collaborative entities will be able to enjoy the benefits provided by the legislation in force, as a provider of educational activities.

Fourth. -1. They may carry out the voluntary activities, through the entities referred to in the second paragraph, of the elderly and with the capacity to act sufficiently to devote, unselfishly, part of their free time to a collaboration with the teaching center, for which they do not receive economic consideration or any other kind, and according to the guidelines mentioned in this Order.

2. By way of derogation from the previous paragraph, the effect of this Order may also be to act as volunteers in educational establishments for minors with the capacity to act sufficient, over sixteen years of age with the corresponding authorization of your parents or guardians in case of not being

emancipated and always in accordance with the provisions of the second paragraph of this Order.

3. No volunteers who have a direct and personal interest in outstanding matters with the Ministry of Education and Science in administrative or judicial proceedings may be volunteers, when the Director of the Centre, hearing the School Board, considers that may affect the normal development of volunteering.

Fifth. -1. Where, in accordance with the criteria laid down by the School Board of the Centre, the provision of voluntary activities in the educational project of the Centre is included, the associations or entities concerned shall submit their initiatives in writing. (a) the participation of the Director, The Director will present the proposals to the School Board, which will decide on them, considering the report made to the effect by the management team.

2. In any case, and provided that they conform to the principles and criteria laid down in the educational project, the proposals made by associations of parents of pupils, students, alumni and associations will be preferred. which are part of the education community's statutory membership.

Sixth. -1. Once the association or entity concerned has been notified of the acceptance by the centre of its offer of collaboration, it will formally assume the purposes and functions set out below.

2. The aim of volunteering will be to increase and improve the possibilities for carrying out extra-school and complementary activities for all pupils and to help to compensate for the inequalities that may exist between them. for social, personal or economic differences.

3. According to these purposes, volunteering may carry out the following activities, subject to the establishment of the educational project of the centre and with the limits laid down in the eighth paragraph:

a) Facilitate that the center is available to the educational community outside of the school schedule.

b) Contribute to increasing the supply and time of use of certain school services, such as study rooms, libraries, sports facilities and other similar ones.

c) Provide assistance, where necessary and outside school hours, to students who need it to improve their chances of access to the school and to participate in extra-school and complementary activities.

d) Collaborate in the organization of extra-school and complementary activities.

e) To support students during the development of extra-school and complementary activities, assuming responsibility for carrying out or carrying out support functions.

f) Any other activity according to the objectives pursued and determined by the Secretary of State of Education.

4. The Secretary of State for Education may provide that, for the assignment of tasks to be determined, the volunteer must provide adequate training to ensure the benefit of the students.

Seventh. -1. The action of voluntary persons in the field of extra-school and complementary activities must contribute directly or indirectly to the objectives and priorities set out in the educational project and must be integrated into the organization and general planning of the center.

2. The Internal Regime Regulations of the teaching centres that host volunteers shall contain details concerning the following aspects:

a) The functions that can be assigned to the volunteers.

b) The limitations to their performance that are estimated to be relevant.

c) The relations of the volunteers with the other members of the educational community.

d) The mechanisms for the resolution of possible conflicts between the volunteers or those with the other members of the educational community.

3. The annual programme of extra-school and supplementary activities shall include the details set out in the previous paragraph of this issue in relation to each school year. In those centres where the Rules of Procedure have not been drawn up, the School Board shall take the appropriate decisions on the matters referred to in this Regulation, which shall, in any event, be reflected in the annual general programming.

Eighth. -Taking into account the forewarned in the previous number the volunteers may not be assigned in the center the following functions:

(a) Those which may give rise to a total or partial replacement of the staff of the centre in the exercise of his or her work or in the assumption of the responsibilities incumbent upon him.

b) Labors of maintenance of the facility and services of the center.

(c) Tasks that constitute the performance of a given profession of free exercise.

Ninth. -1. The voluntary association or entity shall be responsible for the timely provision of the appropriate personal means for the development of the specific activities to be carried out, seeking the availability of those of its members or members. that they will perform.

2. Prior to the commencement of the activities, the voluntary organisation must prove to the Directorate of the Centre that the risks arising from the activity of the voluntary insurance policy have been sufficiently covered by insurance policy. volunteers.

3. Similarly, the voluntary association or entity must prove that its own participation as such is covered by an insurance policy in force.

Tenth. -1. The volunteer will receive the appropriate indications from the Head of Education in the schools of Early Education and in the schools of Primary Education or from those who assume their duties in those of less than eight units, for the purpose of the due coordination of their tasks with the other non-school and supplementary tasks which are carried out at the centre. The information provided shall be provided by the Head of the Department of Extraordinary and Complementary Activities, in the case of secondary education institutes.

2. Volunteers will have the following obligations:

(a) Act in accordance with the educational character of the activities entrusted to them.

b) Respect the educational project.

c) Respect the internal rules of the centre.

d) To meet the commitments that they would have acquired with the educational center itself or with the collaborating entity.

e) To lay out at all times the indications of those responsible for the activities they are carrying out.

3. The Provincial Directorates of the Ministry of Education and Science and the voluntary bodies may organise, for volunteers, the appropriate training and information activities for the best development of the task ahead of them. task.

4. When students participate in the school, they will develop their activities outside the school hours.

11th. -1. The volunteers must be provided, if they so request, with a credential or meat that accredits their activity, issued by the corresponding provincial director, on a proposal from the Director of the center, and that will allow him to obtain the benefits that establish. The delivery of this credential will take place after three months of continuous collaboration and when the interested person maintains the commitment of collaboration.

2. To this end, the Director of the Centre shall formalize the list of persons accepted for this task in advance and forward it to the relevant Provincial Directorate. It shall take care of the material printing of the credentials or meat, in accordance with the format included in the Annex to this Order and shall forward them to the centre where appropriate to be delivered to the persons concerned.

12th. -1. Conflicts which may arise in the development of the activity of volunteering, between its holder and the centre of which it depends, shall be resolved in accordance with the arrangements provided for in the Centre's Rules of Procedure, to which it refers the seventh paragraph, 2, d) of this Order.

2. In the event that these mechanisms have not been established, the conflicts that have arisen will be resolved by the Director.

3. In the event of conflicts which may have an adverse effect on the development of the normal activity of the centre or on voluntary activities, the Provincial Directorate shall take the measures which it considers appropriate to ensure the proper operation of the same.

13th. -1. The cessation of voluntary activities will be caused by the following causes:

a) Mutual agreement.

b) Extinction of the legal personality of the sponsoring associations or entities.

c) Impossibility of developing the programmes of planned activities.

(d) Expiration of the time limit for the duration of the programmes to be fixed.

2. Without prejudice to the provisions of paragraph 1 of this paragraph, the School Board of the Centre may propose to the Director the conclusion of the voluntary activities where they are carried out in breach of the obligations contained in the (a) the first subparagraph of paragraph 10, 2, of this Order or in cases where the safety and physical or moral integrity of the participants is endangered, or there is a manifest deviation from the purposes for which they were established.

Additional disposition first.

The concerted private centers will be able to count on the collaboration of volunteers, in the terms that for the public centers is established in this order. When its activity is related to the carrying out of complementary and non-school activities as referred to in Article 51 of the Organic Law 8/1985 of 3 July on the Law of Education, it will be available to the Commission. specific rules governing this type of activity.

The agreed private centers will adapt to their internal regime established in this Order in terms of the organization and dependence of the volunteers.

Additional provision second.

Until your specific organic regime is regulated, public educational institutions that provide special regime teaching will also be able to host the collaboration of voluntary persons, in the terms foreseen in this order and with the necessary adaptations to your internal organization.

Final disposition first.

The Secretary of State for Education is authorized to issue instructions that are accurate in the development of this Order.

Final disposition second.

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

Madrid, 11 October 1994.

SUAREZ PERTIERRA

Excmo. Mr. Secretary of State for Education and Ilma. Ms. Director-General of School Centres.

(ANNEX OMITTED)