The organic law 1/1990 of 3 October, General Organization of the educational system is a breakthrough in the articulation of the relations between educational administration and Local Administration. Indeed, within the framework of a more decentralized of education and more closely related to their immediate environment concept, provides, mainly through the seventeenth additional provision, the cooperation and active participation of local governments in the field of education.
This cooperation, already envisaged, both in local, specifically in article 25.2 law, n), law 7/1985, of 2 April, regulating the Bases of Local Government, and the education legislation, through the second additional provision of Act 8/1985 of 3 July, regulating the right to education, culminating in the present Royal Decree the regulatory process governing the cooperation of local corporations with the educational administration.
A proper functioning of public services, especially in a decentralized territorial organization, requires not only the exercise by each administration of their respective competences, but its permanent cooperation. This consideration is added the demand that the formation of citizens does not fail in the schools, but that project in civic life pursuing a comprehensive training. Consequent to this is, among others, the text of article 57, number 5, of the organic law 1/1990 of 3 October, in what makes the forecast of local government partnership with schools.
Bonding of the Local Administration with education, is mainly due to its relationship with the current public schools from pre-school, basic general education and special education and future centers of childhood education second cycle, primary education and education special, being the titular demaniales of these land and buildings, as well as the traditional cooperation of the Local Administration with the educational administration in carrying out complementary activities and the improvement of the educational service.
In this way, an increase in the cooperation of local corporations with the Ministry of education and science will allow opti mizar existing public resources and profitable to maximize efforts and actions carried out by each administration.
Therefore, the present Royal Decree establishes the management framework of the co-operation of local corporations with the Ministry of education and science, according not only to traditional collaboration provided by local authorities and its links with the educational world, but also to its greater proximity to citizens and the agility of their administrative structures which guarantees, ultimately, increased efficiency and better implementation of the educational reform.
In his virtue, a proposal from the Minister for public administration and the Minister of education and science, with reports from the State School Board and the National Commission for Local Administration, according to the Council of State and after deliberation by the Council of Ministers at its meeting of December 22, 1993, D I S P O N G O : Chapter I General provisions article 1. Object.
Local governments shall cooperate with the Ministry of education and science in the programming of teaching, especially in the planning and management of school buildings; conservation, maintenance and monitoring of the centres; monitoring the fulfilment of compulsory education and in the provision of educational services and the realization of activities or ancillary services, pursuant to the legislation in force and the present Royal Decree.
Chapter II cooperation in the planning and management of school buildings article 2. School construction program.
1. the municipalities shall cooperate with the Ministry of education and science in the study of the educational needs of its municipal in the establishment of the school construction program.
2. for these purposes, the municipalities, shall send to the provincial addresses of the Ministry of education and science informed proposals deemed appropriate, needs of enlargement or modification of school non-University public schools network.
3. the provincial directorates of the Ministry of education and science, in the last six months of each year, accurate data required to assess the needs of enlargement or modification of the school network, to municipalities that had not exercised the initiative referred to in the preceding paragraph.
Article 3. Plans of action.
1 a effects of drawing up the plan of action, the provincial addresses of the Ministry of education and science will seek municipalities required reports on the following aspects: to) demographic data, based on the last census and census, the population to school educational level who, with reference to the town, neighborhood or district and its foreseeable ten year projection When this data available.
(b) the location of the building, in its case, or physical characteristics of the land that it would yield, with definition of its location.
(c) order of priority of the proposals in the whole of the local needs.
(d) indication, where appropriate, of the intention to request implementation of the proposal by the Convention, pursuant to article 5 of the present Royal Decree.
Article 4. Offer of the land.
1. Once approved the program of school buildings, the provincial addresses of the Ministry of education and science will move it to local corporations and will interest councils, offering the land required for educational use, within a maximum period of three months. A_tal_efecto, they will manage the obtaining of such solar and will justify the following circumstances: to) agreement of the plenary of the city, stating the availability or transfer of the solar.
(b) guarantee of the municipal property of the solar or authorisation of the holder of the registration for the commencement of the works.
(c) urban identity or document that reflects the urban circumstances in force, completed by the relevant municipal departments.
2. However, in the case of transfer of solar for public educational institutions of secondary education or special regime, municipalities should submit all the documents indicated in article 110 of the regulations goods of entities local, approved by Royal Decree 1372 / 1986, of 13 June.
Article 5. Cooperation in the management of the school buildings.
1. local corporations referred to in paragraph 2 of this article, prior agreement of its government bodies, may cooperate with the Ministry of education and science, through an agreement, in the management of the school buildings. The Ministry of education and science, will determine the General conditions which should satisfy this type of agreements.
2. cooperation in the management of construction school may make it the Councils, municipalities with a population exceeding 20,000 inhabitants or local entities, that objective by their means or other circumstances so warrant, in the terms established in the corresponding agreement.
3. Management by the local corporations may include the following actions, attending the concurrent circumstances: drafting of projects; construction of new schools; execution of works of reform, improvement and replacement; repairs, adaptations and transformations that are necessary in the current public schools derived from the new academic planning; works of maintenance and repair in the buildings of secondary education and acquisition of equipment.
4 formalized the agreement, local authorities will hire works and if the appropriate equipment, and the Ministry of education and science will proceed to its financing, subject to limit prices established the technical regulations and the content of the Convention.
The Convention is set to award and execution of the works calendar so that the Local Authority would commit to its delivery in due time.
Chapter III cooperation in the conservation, maintenance and monitoring of educational institutions article 6. Conservation, maintenance and surveillance.
1. the preservation, maintenance and surveillance of the buildings used for education second cycle, primary education or special education centers, dependent on the Ministry of education and science, will correspond to the respective municipality.
2. the provincial councils will collaborate with local councils in the conservation, maintenance and monitoring of those centres that affect more than one municipality, the home schools or those other centers whose circumstances so warrant it.
3. local corporations who so request, may be the works of conservation, maintenance and repairs that are necessary in secondary educational institutions provided that they have been programmed by both parties through the agreement referred to in the previous article, assuming the Ministry of education and Science funding.
Article 7. Involvement of school buildings.
1. the school buildings owned by the city, in which hallen is located centers of preschool education, basic general education or special education under the Ministry of education and science, may be affected to impart the teachings which are regulated in the law on the General Organization of the educational system, when schooling needs so warrant.
2. the change referred to in the preceding paragraph may be made on the proposal of the corresponding municipality, as set out in article 2.2 of the present Royal Decree, or on the initiative of the Ministry of education and science. In the latter case, you must give the affected municipality pre-trial hearing.
3. in any case, the Ministry of education and science, will assume regarding the mentioned centres, costs that municipalities come by supporting in accordance with the provisions in force, without prejudice to the ownership demanial that can hold the respective municipalities.
Article 8. Equipment.
Local corporations will collaborate with the provincial addresses of the Ministry of education and science in the distribution and storage of the equipment of the centers in their area of influence, in order to ensure the best use of it.
Chapter IV use of the premises and facilities for public educational institutions article 9. Use of premises.
1. the premises and facilities of public schools not University, under the Ministry of education and science, may be used outside of lesson time by councils, schools and other entities or bodies and natural or legal persons, non profit, for educational, cultural, artistic, sporting or social activities, in accordance for the procedure that will be held according to the rules.
2. without prejudice to the annual general programme centres, or by the Provincial Directorate, councils will have preference for the use of school buildings in the public schools of early childhood education of second cycle, elementary education and special education. For this purpose the directors of the centres will facilitate the respective municipalities annual general programming and these, shall notify in advance to the President of the School Board activities and corresponding schedules that have been programmed.
3. in any case, users shall ensure the normal development of the activities they carried out, non-interference in the academic aspects of the Centre and the adoption of appropriate measures in the field of monitoring, maintenance and cleaning of the premises and facilities, so that such units are in perfect condition for immediate reuse by students in their regular school activities.
Chapter V cooperation in the monitoring of compliance with the article 10 compulsory schooling. Compulsory schooling.
Municipalities will cooperate with the Ministry of education and science in the monitoring of compliance with compulsory schooling, to guarantee the right to education of all students of its territorial scope.
Article 11. Performances.
The function referred to in the preceding article may be carried out through the exercise of the following actions: to) provide precise information on school-age population to the Ministry of education and science.
(b) bring to the attention of the Ministry of education and science deficiencies detected in schooling.
(c) collaborate in the distribution of students in educational institutions public and concluded, in accordance with the regulations, and the criteria established by the Ministry of education and science.
(d) contribute through municipal services to enforce the attendance of students at school.
(e) any others that contribute to proper schooling.
Chapter VI cooperation of the corporations local in the provision of educational services and the realization of activities or ancillary services article 12. Conventions.
Local governments may cooperate in the provision of educational services and carrying out activities or complementary services. These activities may be carried out, through agreement with the Ministry of education and science, in which general conditions for their implementation shall be determined.
Article 13. Areas.
1. agreements of cooperation with the Ministry of education and science, provided for in the law on the General Organization of the educational system, can subscribe to those areas related to the provision of educational services, such as: early childhood education, specific programmes of social guarantee, specific vocational training, teachings of special regime, specific schools of music and dance, whose studies do not lead to obtain the academic degree adult education, training of faculty, extracurricular activities, student guidance, development of shares of compensatory character or activities and complementary services.
2. in the cases in which the activities and services referred to in the preceding paragraph exceed the municipal level, the Ministry of education and science can agree with the Councils service delivery.
Chapter VII municipal school boards article 14. Participation.
1. the municipalities, may constitute a municipal school councils as advisory bodies and participation of the sectors concerned, especially in all those towns of equal or higher than 20,000 population or where there are at least three schools financed with public funds.
2. the Municipal School Council shall be composed of the Mayor of the municipality in question, or Councillor delegated, that will be its President, and representatives of parents, teachers and students.
3. in the articulation of such representation, and in accordance with the characteristics of each municipality,. promote, also the participation of neighbourhood associations, organizations, trade unions and professional and, where appropriate, owners of private schools.
Article 15. Reports.
1 the Municipal School Council may inform the educational administration, through the Provincial direction of the Ministry of education and science, on the following matters: to) needs of enlargement or modification of the network of schools.
(b) performances and municipal provisions relating to education, with emphasis on materials such as special education, schooling for disadvantaged, supplementary and extracurricular activities and teaching non-formal, especially in relation to the following activities:-specific actions in areas under-resourced educationally or on groups particularly disadvantaged.
Distribution of aid to the schools and home schools.
-Organization of school transport.
(c) actions and municipal standards that affect or encourage the real occupation of school places with the aim of improving educational performance, and, where appropriate, to compulsory education effective.
(d) need for investment in the non-university network.
(e) programming of educational, cultural, artistic, sporting or social activities, to be performed by City Hall, in the premises and facilities of public schools in the municipality, out of school hours provided for in the annual general programming.
(f) objectives and priorities of the municipal proceedings concerning the educational powers attributed to them by the law.
(g) any other matter that is attributed to the Council by legal or regulatory provision, or other matters related to education relating to its territorial scope.
Local school councils shall draw up an annual report on the State of education in its municipality, which will be sent to the Municipal Corporation and educational administration.
Article 16. District Councils.
In the framework of its competencies, municipalities may constitute a District Councils in the municipalities of high population or geographic dispersion, pursuant to the agreed school zoning between the Provincial direction of the Ministry of education and science and the affected municipalities. These tips will in any case have the representation of parents, teachers and students, and duties shall be those laid down for local school councils in the previous article.
Chapter VIII the creation of schools from local ownership article 17. Centers.
1. local corporations may be proprietors of public facilities as referred to in paragraph 2 of the additional provision second of the organic law 8/1985 of 3 July, regulating the right to education.
Article 18. Inclusion in programming.
The creation of the centres referred to in the preceding article must be preceded by their inclusion, on a proposal from the respective municipality, in the programming of school buildings approved by the Ministry of education and science, subject to verification of the schooling needs justifying its creation.
Article 19. Criteria and requirements.
1 included the Centre programming, you will subscribe an agreement which shall be determined the criteria for its construction, financing and operation.
2. in any case, the Centre should meet the minimum requirements laid down in this respect in the Real Decree 1004 / 1991 of 14 June, if imparted lessons of general regime, or in the Real Decree 389/1992, of April 15, if you teach art education.
3. to the effect of verifying compliance with the minimum requirements, will be processed, following the signing of the corresponding agreement, the appropriate administrative proceedings, which will end, if any, with the proposal of the Ministry of education and science to the Council of Ministers for the creation, by Royal Decree, the relevant institution.
Article 20. Regime of the centers.
1. these centres, which may be of general or special regime education, will have the character of public schools, and must therefore adapt its organisation and functioning as the legal system provides for the same.
2. for these purposes, the Center will undergo in the third title of the organic law of the right to education for the governing bodies of public schools, taking into account the provisions contained in the second additional provision, paragraph 2, of the Act.
Article 21. Legal and economic responsibility.
The Local Corporation, as owner of the Center, will commit itself to take corresponding legal and financial responsibility and to ensure the conservation, maintenance and the operation of the Centre.
It will be up to the Local Authority the provision of teaching and non-teaching staff of the Center, according to different legal systems of public service and employment laid down in the local law, without prejudice to the procedure of financing agreed in the corresponding agreement.
First additional provision. Territorial scope.
This Royal Decree shall apply within the territorial scope of management of the Ministry of education and science.
Second additional provision. Existing centres.
1. the rules laid down in Chapter VIII of this Royal Decree shall apply, in terms of its organisation and functioning, to the existing public educational institutions of local ownership, without prejudice to the provisions of the corresponding agreement signed with the Ministry of education and science.
2. the Faculty dependent of the Ministry of education and science to pay services in centres whose owner is a Local Corporation, it will keep them with the character of a die, and must cover the vacancies that occur in charge of the relevant Corporation.
Third additional provision. Transfer of soil.
The assignments of the ground provided for in article 83.3 of the revised text of the law on the regime of the soil and urban planning (Royal Legislative Decree 1/1992, of 26 June), general education centres for basic, shall be referred to the primary education and secondary education.
Sole repeal provision. Repeal legislation.
Many provisions of equal or lower rank is contrary to the provisions of this Royal Decree are repealed.
First final provision. Development provisions.
The Minister of education and science is authorized to enact provisions that may be necessary for the development of the present Royal Decree.
Second final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the.
Given in Madrid on December 22, 1993.
JUAN CARLOS R.
The Minister of the Presidency, ALFREDO Pérez RUBALCABA