The Organic Law 1/1990, of 3 October, of General Management of the Educational System, represents a decisive advance in the articulation of the relations between the Educational Administration and the Local Administration. In the framework of a more decentralized conception of education and more closely related to its closest environment, it provides, mainly through the additional seventeenth provision, the active cooperation and participation of Local Corporations in the field of education.

This cooperation was already provided for, both in local legislation, in particular in Article 25.2, n), of Law 7/1985 of 2 April, regulating the Local System Bases, as in educational legislation, through the Additional provision of the Organic Law 8/1985, of 3 July, regulating the Right to Education, culminating with the present Royal Decree the normative process that regulates the cooperation of the Local Corporations with the Administration Educational.

A proper functioning of public services, especially in a decentralised territorial organisation, requires not only the exercise for each administration of their respective competences, but their ongoing cooperation. In addition, the demand that the formation of citizens not be exhausted in the educational centers is added, but that it is projected in the citizen's life pursuing an integral formation. Consequently, among others, the text of article 57, number 5, of the Organic Law 1/1990, of 3 October, in what it does to the foresight of collaboration of the Local Administrations with the educational centers.

The involvement of the Local Government with education is mainly due to its relationship with the current public teaching centres of pre-school, basic general education and special education and future education centres. Second cycle, primary education and special education, being the demanial holders of these lands and buildings, as well as the traditional cooperation of the Local Administration with the educational administration in the realization of complementary activities and the improvement of the educational service.

In this way, an increase in the cooperation of the Local Corporations with the Ministry of Education and Science will allow for the possibility to migrate existing public resources and to make the most of the efforts and actions undertaken. for each Administration.

Therefore, this Royal Decree establishes the framework for the organisation of the cooperation of Local Corporations with the Ministry of Education and Science, taking into account not only the traditional collaboration provided by the Local entities and their links with the educational world, but also their greater proximity to the citizenry and the agility of their administrative structures, which guarantees, in the end, an increase in efficiency and better application of educational reform.

Under its virtue, on a proposal from the Minister for Public Administrations and the Minister of Education and Science, with reports from the State School Board and the National Local Administration Commission, according to the Council of the State, and after deliberation by the Council of Ministers at its meeting on 22 December 1993,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Object.

Local Corporations will 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 schools. centres; supervision of the fulfilment of compulsory education and the provision of the educational service and the carrying out of complementary activities or services, in accordance with the provisions of the legislation in force and the present Royal Decree.

CHAPTER II

Cooperation in planning and managing school buildings

Article 2. Program of school buildings.

1. The municipalities will cooperate with the Ministry of Education and Science in the study of the educational needs of their municipal term in the establishment of the school construction program.

2. For these purposes, the municipalities shall forward to the Provincial Directorates of the Ministry of Education and Science any substantiated proposals they deem appropriate, concerning the need for the extension or modification of the school network of educational institutions. Non-university public.

3. The Provincial Directorates of the Ministry of Education and Science, in the last half of each year, will require the necessary data to assess the needs for the extension or modification of the school network, to the municipalities that have not been the initiative provided for in the previous paragraph.

Article 3. Action plans.

1. For the purpose of drawing up the corresponding action plans, the Provincial Directorates of the Ministry of Education and Science shall obtain from the municipalities the necessary reports on the following aspects:

(a) Demographic data, based on the last census and register, on the population to be enrolled in the educational level that comes, with reference to the locality, district or district and with its foreseeable projection to ten years, when This information is available.

b) The location of the building, if any, or physical characteristics of the solar cells that would be transferred, with the definition of its location.

c) Order of priority of the proposals in the set of local needs.

(d) Indication, if any, of the intention to request the execution of the proposal by agreement, as provided for in Article 5 of this Royal Decree.

Article 4. Offering of the grounds.

1. Once the program of school buildings has been approved, the Provincial Directorates of the Ministry of Education and Science will transfer it to the Local Corporations and will be interested in the Ayallos, offering the necessary land for the educational use, within the maximum period of three months. To this end, they shall manage to obtain such solar and shall justify the following circumstances:

(a) Agreement of the City Council, in which the provision or disposal of the site is made available.

b) Guarantee of the municipal property of the site or authorization of the registrant for the beginning of the works.

c) Urban planning or document that reflects the urban circumstances in force, completed by the competent municipal services.

2. However, in the case of the transfer of solar power to public schools of secondary education or special scheme, the municipalities shall forward all the documentation referred to in Article 110 of the Entity's Goods Regulation. Local, approved by Royal Decree 1372/1986 of 13 June.

Article 5. Cooperation in the management of school buildings.

1 The Local Corporations referred to in paragraph 2 of this Article, after agreement of their governing bodies, may cooperate with the Ministry of Education and Science, by agreement, in the management of the buildings school. The Ministry of Education and Science will determine the general conditions for this type of agreement to be adjusted.

2. Cooperation in the management of school buildings may be carried out by Provincial Diputations, Councils with a population of more than 20,000 inhabitants or those Local Entities, which by their means or other objective circumstances justify it, in the terms set out in the relevant convention.

3. The management by the Local Corporations may cover the following actions, taking into account the concurrent circumstances: drafting of projects; construction of new teaching centers; execution of works of reform, improvement and substitution; repairs, adaptations and changes that are necessary in the current public teaching centres derived from the new academic organisation; conservation and repair works in secondary education and acquisition of equipment.

4. Formalized the agreement, the Local Entities will contract the works and in their case the corresponding equipments, and the Ministry of Education and Science will proceed to their financing, subject to the limit prices established to the requirements existing techniques and the content of the convention.

In the agreement, the calendar for the award and execution of the works will be established in such a way that the Local Entity commits itself to its delivery within the prescribed period.

CHAPTER III

Cooperation in the conservation, maintenance and monitoring of educational institutions

Article 6. Conservation, maintenance and surveillance.

1. The conservation, maintenance and surveillance of buildings intended for second-cycle, primary education or special education centres, which are dependent on the Ministry of Education and Science, shall correspond to the municipality. respective.

2. The Provincial Deputies will collaborate with the Councils in the conservation, maintenance and surveillance of those centers that affect more than one municipality, the Home Schools or those other centers whose circumstances so far. advise.

3. The local corporations that request it, may carry out the conservation, maintenance and repair works that are necessary in secondary schools provided that they have been programmed by both parties, through the planned agreement in the previous article, assuming the Ministry of Education and Science its funding.

Article 7. Affectation of school buildings.

1. School buildings with municipal property, in which preschool education, basic general education or special education under the Ministry of Education and Science are located, may be affected to provide the (a) the provision of the education system in the field of education and training in the field of education and training.

2. The change referred to in the previous paragraph may be made on a proposal from the municipality concerned, as provided for in Article 2.2 of this Royal Decree, or on the initiative of the Ministry of Education and Science. In the latter case, prior hearing must be given to the municipality concerned.

3. In any event, the Ministry of Education and Science shall, in respect of the abovementioned centres, assume the costs which the municipalities shall bear in accordance with the provisions in force, without prejudice to the demanial ownership of the institutions. respective municipalities.

Article 8. Equipment.

Local Corporations will be able to collaborate with the Provincial Directorates of the Ministry of Education and Science in the distribution and storage of the equipment of the centers of their area of influence, in order to guarantee the better use of the same.

CHAPTER IV

Using the premises and facilities of public teaching centres

Article 9. Use of premises.

1. The premises and facilities of non-university public teaching centres, which are dependent on the Ministry of Education and Science, may be used outside the school hours by local authorities, schools and other bodies or agencies. natural or legal persons, not for profit, for the performance of educational, cultural, artistic, sporting or social activities, in accordance with the procedure to be developed regulatively.

2. Without prejudice to the annual general programming of the centres, or to the one carried out by the Provincial Directorate, the Councils will have a preference for the use of the school buildings in the public teaching centres for children's education. second cycle, primary education and special education. To this end, the Directors of the centres shall provide the respective local authorities with the annual general programming and shall inform the President of the School Board in good time of the activities and schedules which they have programmed.

3. In any event, users must ensure the normal development of the activities carried out by them, the non-interference in the academic aspects of the centre and the adoption of appropriate measures in the field of surveillance, maintenance and cleaning of premises and facilities, so that such dependencies are in perfect condition for immediate use by students in their ordinary school activities.

CHAPTER V

Cooperation in monitoring compliance with compulsory schooling

Article 10. Compulsory education.

The municipalities will cooperate with the Ministry of Education and Science in monitoring compliance with compulsory education, in order to guarantee the right to education for all students in their territorial scope.

Article 11. Performances.

The function referred to in the previous article may be carried out by exercising the following actions:

a) Provide the Ministry of Education and Science with accurate information on school-age population.

b) To inform the Ministry of Education and Science of the deficiencies detected in schooling.

c) To collaborate in the distribution of students in public and concerted educational institutions, in accordance with current regulations, and the criteria established by the Ministry of Education and Science.

d) Contribute through the municipal services to make the attendance of the students effective to the school.

e) Cuestá others who contribute to adequate schooling.

CHAPTER VI

Cooperation of Local Corporations in the provision of educational service and in the performance of complementary activities or services

Article 12. Conventions.

Local Corporations will be able to cooperate in the provision of the educational service and in carrying out complementary activities or services. These activities may be carried out through an agreement with the Ministry of Education and Science, which will determine the general conditions for its implementation.

Article 13. Areas.

1. Cooperation agreements with the Ministry of Education and Science, provided for in the Law on the General Management of the Educational System, may be signed for those areas related to the provision of educational services, such as: children, specific programmes of social security, specific vocational training, special arrangements, specific schools of music and dance, whose studies do not lead to academic qualifications, adult education, training of teachers, after-school activities, orientation activities of the students, development of compensatory actions or complementary activities and services.

2. In cases where the activities and services referred to in the previous paragraph exceed the municipal level, the Ministry of Education and Science may agree with the Provincial Diputations.

CHAPTER VII

Municipal school boards

Article 14. Participation.

1. The municipalities may constitute Municipal School Councils as consultative bodies and participation of the sectors affected, especially in all municipalities of a population equal to or greater than 20,000 inhabitants or where there are at least three publicly funded teaching centres.

2. The Municipal School Board shall be composed of the Mayor of the municipality in question, or Councilmember, who will be its President, and representatives of parents, teachers and students.

3. In the coordination of such representation, and in the light of the characteristics of each municipality, the participation of the associations of neighbours, trade unions and professional organisations and, where appropriate, the holders of private educational institutions.

Article 15. Reports.

1. The Municipal School Board may inform the Educational Administration, through the Provincial Directorate of the Ministry of Education and Science, on the following matters:

(a) Needs for the extension or modification of the school network.

(b) Actions and municipal provisions relating to education, with an impact on subjects such as special education, schooling for disadvantaged populations, complementary and extra-school activities and teaching regulated, especially in relation to the following actions:

-Specific actions in areas under education or with particularly disadvantaged groups.

Distribution of aid to school canteens and schools.

-Organization of the school transport network.

(c) Municipal acts and standards that affect or promote the real occupation of school places in order to improve educational performance, and, where appropriate, to make teaching compulsory.

d) Investment needs in the non-university network.

e) Programming of educational, cultural, artistic, sports or social activities, to be carried out by the City Council, in the premises and facilities of the public teaching centers of the municipal term, outside of the hours Planned school in the annual general programming.

f) Objectives and priorities of municipal actions related to the educational competencies attributed to them by the Law.

g) Any other matter which is attributed to the Council by law or regulation, or other matters relating to education affecting its territorial scope.

the Municipal Councils will produce an annual report on the state of education in their municipality, which will be sent to the Municipal Corporation and the Educational Administration.

Article 16. District Councils.

Within the framework of their competencies, the municipalities will be able to constitute District Councils in the municipalities of high population or large geographical dispersion, according to the school zoning agreed between the Provincial Directorate of the Ministry of Education and Science and the municipalities concerned. These Councils will in any case count on the representation of parents, teachers and students, and their functions will be established for the Municipal School Councils in the previous article.

CHAPTER VIII

Creating local entitlement centers

Article 17. Centers.

1 Local Corporations may be the holders of public centres within the meaning of paragraph 2 of the second provision of Organic Law 8/1985 of 3 July on the Law of Education.

Article 18. Inclusion in the programming.

The creation of the centers referred to in the previous article must be preceded by its inclusion, on a proposal from the respective municipality, in the programming of school buildings approved by the Ministry of Education and Science, after checking the needs of schooling to justify its creation.

Article 19. Criteria and requirements.

1. Including the centre in the programming, a convention will be signed in which the criteria for its construction, financing and operation will be determined.

2. In any event, the centre must meet the minimum requirements laid down in respect of Royal Decree 1004/1991 of 14 June 1991, if it taught general rules, or in Royal Decree 389/1992 of 15 April 1992, in the event of teaching artistic.

3. For the purpose of verifying compliance with the minimum requirements, the appropriate administrative procedure shall be processed, following the subscription of the relevant convention, which shall, where appropriate, end with the proposal of the Ministry of Education and Science to the Council of Ministers for the creation, through Royal Decree, of the corresponding center.

Article 20. System of the centres.

1. These centres, which may be of general or special status, will have the character of public institutions, and must therefore adapt their organisation and function to the legal order provided for them.

2. For these purposes, the centre shall be subject to the provisions of the third title of the Organic Law on the Right to Education for the governing bodies of public institutions, taking into account the provisions contained in the additional provision. Second, paragraph 2 of that Law.

Article 21. Legal and economic responsibility.

The Local Corporation, as the head of the center, will undertake to assume the corresponding legal and economic responsibility and to guarantee the conservation, maintenance and normal operation of the center.

It will be up to the Local Entity to provide the teaching and non-teaching staff of the centre, in accordance with the different legal systems of public service and procurement laid down in the local legislation, without prejudice to the the financing procedure agreed in the relevant convention.

Additional disposition first. Territorial scope.

This Royal Decree will apply in the territorial area of the Ministry of Education and Science.

Additional provision second. Existing centres.

1. The rules laid down in Chapter VIII of this Royal Decree shall apply, in respect of their organisation and operation, to existing public teaching centres of local ownership, without prejudice to the provisions of the Convention. corresponding to the Ministry of Education and Science.

2. Teachers who are dependent on the Ministry of Education and Science providing services in centres whose owner is a Local Corporation shall be kept on the same with the character of the extinguishing, and the vacancies to be filled shall be filled. the Corporation concerned.

Additional provision third. Disposal of soil.

The land disposals provided for in Article 83.3 of the recast of the Law on Soil and Urban Planning (Royal Legislative Decree 1/1992 of 26 June), for basic general education centres, will be understood concerning primary education and compulsory secondary education.

Single repeal provision. Regulatory repeal.

As many provisions of the same or lower rank are repealed, they oppose the provisions of this Royal Decree.

Final disposition first. Provisions for development.

The Minister of Education and Science is authorized to make the necessary provisions for the development of this Royal Decree.

Final disposition second. Entry into force.

This Royal Decree will enter into force on the day following its publication in the Official Journal of the State.

Given in Madrid on December 22, 1993.

JOHN CARLOS R.

The Minister of the Presidency, ALFREDO PEREZ RUBALCABA