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Order Of 28 February 1994, On Authorizations As Schools Deprived Of The Minor Diocesan Seminaries And Religious Of The Catholic Church.

Original Language Title: Orden de 28 de febrero de 1994, sobre autorizaciones como centros docentes privados de los Seminarios Menores Diocesanos y de Religiosos de la Iglesia Católica.

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Organic Law 8/1985 of 3 July, which regulates the law of education, establishes, in Article 14, that all schools must meet minimum requirements regarding academic qualifications of teachers, number of teacher/pupil ratio, teaching and sports facilities and number of school positions, to teach with quality assurance. Article 23 of the same law, as amended by the sixth provision of the Organic Law 1/1990, of 3 October, of General Ordination of the Educational System, conditions the opening and functioning of private educational institutions to the prior administrative authorisation, which shall be granted provided that those meet the minimum requirements referred to above.

Once the Organic Law of General Ordination of the Educational System has been approved, by Royal Decree 1004/1991 of 14 June, the minimum requirements have been established. Furthermore, by Royal Decree 332/1992 of 3 April 1992, the authorisation procedure referred to in Article 23 of the Law on the Law on Education is regulated.

/Notwithstanding the above, the fifth additional provision of Royal Decree 1004/1991, authorizes the Ministry of Education and Science to adapt the provisions of this legal text for schools whose specific character is recognised by international agreements of a bilateral nature.

This is the case of the Diocesan Minor Seminaries and Religious of the Catholic Church, which, according to the specific character recognized by Article 8. of the Agreement of 3 January 1979, between the Spanish State and the The Holy See, on teaching and cultural affairs, has so far provided some of the levels or stages of the previous educational system.

Therefore, it is appropriate to adopt the legislation allowing such seminars to implement the levels and stages of the new education system introduced by the Law on the General Management of the Educational System.

In its virtue, the Spanish Episcopal Conference and the Autonomous Communities with educational competences, this Ministry, in use of the attribution that gives it the additional disposition fifth of the Royal Decree, is heard. 1004/1991, of 14 June, by which the minimum requirements of the centers that provide teaching of general non-university regime are established, has arranged:

First. -diocesan and Religious Minor Seminars of the Catholic Church will be able to obtain authorization as private schools of primary education and secondary education, in their stages of secondary education. compulsory, baccalaureate and training courses of average grade, in accordance with the provisions of Article 23 of the Law of the Organic Law 8/1985 of 3 July, regulating the law of education; in Royal Decree 332/1992 of 3 April on authorizations of private educational institutions, to teach general non-university teaching, as well as as the specific regulations of the Autonomous Communities with competence in the field of education, and in Royal Decree 1004/1991 of 14 June, laying down the minimum requirements of the institutions which provide general regime teaching university.

Second. -1. By way of derogation from the first subparagraph, the authorisation shall be granted provided that the seminar meets the following requirements:

(a) Primary education centres: The requirements laid down in Royal Decree 1004/1991 of 14 June 1991, except those laid down in Article 4 (h) to (k) of Article 20.

b) Primary education centres: The requirements laid down in Royal Decree 1004/1991 of 14 June 1991, except those laid down in Article 4 (1) and (i) to (l) of Article 25.

(c) Secondary education centres, at the stage of the baccalaureate: The requirements laid down in Royal Decree 1004/1991 of 14 June 1991, except those laid down in Article 4 (1) and (g) to (j) of Article 26.

However, the seminars will be able to obtain a bachelor's degree with a minimum of two units and imparting a single modality.

(d) Third-cycle primary education centres: The requirements laid down in Article 20 (a), (b), (c), (d), (e) and (f) of Royal Decree 1004/1991 of 14 June 1991.

(e) First or second-cycle centres of compulsory secondary education: The requirements laid down in the transitional provision seventh, paragraph 1, point (a) or (b), respectively, of Royal Decree 1004/1991 of 14 June 1991.

2. The above point is without prejudice to the provisions of the existing legislation on facilities common to two or more educational levels.

Third. -In accordance with the provisions of Article VIII of the Agreement of 3 January 1979 between the Spanish State and the Holy See on education and cultural affairs, the centres which are authorized in accordance with the provisions of the This Order will not require a minimum number of school fees, nor will the existing rules on the admission of pupils to teachers held with public funds apply to them.

Fourth. The application for authorization shall be accompanied, in addition to the documentation required in general in accordance with Article 5. of Royal Decree 332/1992, of 3 April, and, where appropriate, that corresponding to the each Autonomous Community in educational matters, a favourable opinion of the competent body of the Spanish Bishops ' Conference.

Fifth. -diocesan and Religious Church Seminaries of the Catholic Church authorized as private teaching centers shall be governed by their own rules of organization and internal functioning, in accordance with the specific to the centre. Those rules shall in any event respect the general rules applicable in relation to the educational levels authorised. The educational authorities will exercise their supervision over them through the educational inspection.

Sixth. -diocesan and Religious Minor Seminars authorised as private educational institutions are subject to the general regulation of the minimum teaching and curriculum of the various educational levels. However, the Ministry of Education and Science, in agreement with the competent organ of the Spanish Episcopal Conference and the Autonomous Communities with competence in educational materis, will adapt the curriculum of the adducation teachings. compulsory secondary and secondary school to the characteristics of these centres.

Seventh. -In accordance with the provisions of Article XIII of the Agreement of 3 January 1979 between the Spanish State and the Holy See on education and cultural affairs, the educational establishments approved in accordance with the In the case of the case-law, the court of first instance, in the case of the case-law of the European Parliament, is a matter for the Commission to take into account the principle of the principle of subsidiarity. equal opportunities. The granting of such aid will not be conditional on the requirement of a minimum number of pupils per school unit, nor on the proximity to the centre of the pupils ' home.

Eighth.-Diocesan and Religious Minors Authorised as private educational institutions to teach the teachings of primary education or compulsory secondary education, will receive a grant from the State per pupil. The amount of the subsidy indicated shall be determined by dividing the amount of the economic modules fixed for the centres which have been provided by 20, in the case of compulsory secondary education.

Ninth.-The Diocesan Minor Seminaries and Religious of the Catholic Church who receive the grant provided for in the seventh and eighth paragraphs shall be deemed to be assimilated to the benefit-teaching foundations for the purposes of provided for in Article 50 of the Organic Law 8/1985 of 3 July, which regulates the law of education.

Tenth. -Without prejudice to the provisions of the first and second paragraphs of this Order, in accordance with the provisions of the additional provision octava.1 of the Organic Law 1/1990 of 3 October of General Ordination of the Educational System, and with the second transitional provision of Royal Decree 1004/1991, of June 14, the Diocesan Minor Seminaries and Religious of the Catholic Church, which at the time of the entry into force of the Royal Decree cited final authorisation or classification as private educational centres for basic general education or classification as approved centres of baccalaureate, will automatically acquire the status of approved centres provided for in Article 23 of the Organic Law 8/1985, of 3 July, regulating the right to education, to impart the corresponding educational levels established by Law 14/1970, of 4 August, General of Education, until its extinction.

11th. -1. The Diocesan and Religious Minor Seminars of the Catholic Church, which at the time of the entry into force of Royal Decree 1004/1991, of June 14, had definitive authorization or classification as centers of basic general education or definitive classification as basic general education or classification centres as approved baccalaureate centres are authorised to provide the following teaching:

a) Basic general education centres: Primary education and first cycle of compulsory secondary education.

b) Baccalaureate Centres: Second cycle of compulsory secondary education and baccalaureate in the modalities of "Humanities and Social Sciences" and "Nature and Health Sciences".

c) Second stage centres of basic general education: Third cycle of primary education and first cycle of compulsory secondary education.

2. The said authorisation shall take effect as soon as the new teaching is implemented, in accordance with the timetable for the implementation of the new management system of the education system, approved by Royal Decree 986/1991 of 14 June 1991, partially amended by Royal Decree 535/1993 of 12 April.

3. This paragraph does not exempt the institutions from the obligation to adapt to the provisions of Royal Decree 1004/1991 on the maximum number of school posts and teacher/pupil ratio within the time limits laid down in the timetable for implementing the Directive. the new management of the education system.

Twelfth. -diocesan and Religious Minors Authorised as private educational institutions shall be subject to the requirements of teacher qualifications established in general by the legislation in force for each level of education. However, in accordance with the provision of the transitional provisions of the Law on the General Management of the Educational System and the number one of the transitional provisions of Royal Decree 1004/1991, those teachers who are providing service in the second stage of basic general education, in Diocesan Minor Seminaries and Religious Minors Authorised as Private Teaching Centres, under the Orders of 22 February 1980 and 23 December 1980, on validity of academic degrees for teaching in basic general education in church centers and on recognition of professional effects of certain qualifications prior to the General Law of Education, for teaching in basic general education, respectively, for being in possession of higher degrees in ecclesiastical sciences by Faculties approved by the Holy See or by having completed the complete studies of the priestly career, will be able to continue teaching in the Philological and Social Sciences areas, in the first case, and in the areas of Language and Sciences Social, in the second case, all of them from the third cycle of primary education and the first compulsory secondary education cycle.

13th. -They may impart the teaching at the approved centers in accordance with the provisions of this Order:

a) Higher graduates in ecclesiastical sciences, in the following areas and subjects:

Primary education: Castellana Language Area, official language of the corresponding Autonomous Community and Literature.

Compulsory secondary education: Area of Social Sciences, Geography and History; area of Spanish Language, official language of the corresponding Autonomous Community; area of Music.

Baccalaureate: Philosophy; History; Spanish Language, Language of the corresponding Autonomous Community and Literature; History of Art; History of the Contemporary World; History of Philosophy, Latin I and II, and optional subjects to be determined by the Ministry of Education and Science in agreement with the competent organ of the Spanish Episcopal Conference.

(b) Those who have approved the cycle of complete ecclesiastical studies, will be able to impart in primary education the area of Spanish Language, official language of the corresponding Autonomous Community and Literature.

Fourteenth. -As the levels of the educational system established by Law 14/1970, of 4 August, General of Education and Financing of Educational Reform, are extinguished, according to the schedule foreseen in the Royal Decree 986/1991 of 14 June, partially amended by Royal Decree 535/1993 of 12 April, the following rules will be repealed:

Order of September 30, 1981, on the regime applicable to the diocesan and religious seminaries of the Catholic Church.

Order of 4 May 1982, on the regime applicable to the Minor and Religious Seminars of the Catholic Church with students of age corresponding to the higher cycle of basic general education.

Order of May 29, 1986, which regulates the regime of grants to Diocesan And Religious Seminaries of the Catholic Church.

15th. This Order shall enter into force on the day following that of its publication in the "Official Gazette of the State".

What I communicate to V. E. and V. I. for their knowledge and effects.

Madrid, 28 February 1994.

SUAREZ PERTIERRA.

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