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Order Of 5 October 1993 By Which Regulates The Election Of School Boards And Individual Governing Bodies Of Public Early Childhood Education, Primary Education And Secondary Education Centres.

Original Language Title: Orden de 5 de octubre de 1993 por la que se regula la elección de los Consejos Escolares y órganos unipersonales de gobierno de los Centros públicos de Educación Infantil, Educación Primaria y Educación Secundaria.

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TEXT

Royal Decree 819/1993, of 28 May, approving the Organic Regulation of the Schools of Child Education and of the Colleges of Primary Education and Royal Decree 929/1993 of 18 June, approving the Organic Regulation of the Institutes of Secondary Education, authorize the Minister of Education and Science, in its first final provisions, to develop the provisions in them and to regulate how many issues are derived from its application.

In use of the authorization granted, this Order specifies the different aspects arising from the new regulation of the governing bodies of the public centers in order to proceed to the election, appointment, appointment and constitution of the same.

In its virtue, this Ministry has arranged:

First. -1. This Order shall apply to the processes of election, appointment, appointment and establishment of the single-personal and collegiate governing bodies held in the Schools of Child Education, Primary Education Colleges and Institutes of Education. Secondary education located in the territorial area of management of the Ministry of Education and Science.

2. This Order shall also apply, without prejudice to the adjustments resulting from the specific rules which, if necessary, regulate its governing bodies, the processes of choice, appointment, appointment and establishment of the bodies. unipersonal and collegial of government to be performed at the following Centers:

(a) Institutes of Baccalaureate, Vocational Training and Integrated Teaching Centres.

b) Grouped Rural Colleges, Primary and Primary Education Colleges and Institutes of Secondary Education created or created by conversion into a single institution of existing Institutes in the same locality.

c) Special Education Centres.

(d) "Centers" on the outside of the Spanish State in which the School Council is to be established in accordance with the provisions of the second provision of Royal Decree 1027/1993 of 25 June 1993 on the educational action abroad.

e) Centers under the Ministry of Education and Science Convention with the Ministry of Defense or other Public Corporations.

Choosing School Tips

Second. -1. The Centres referred to in the first issue of this Order, whose School Councils are first established, must be renewed for the expiry of the two-year period for which their members were elected or must complete their those sectors with a mandate in force where there has been a vacancy, provided that it would not have been possible to fill the vacancies produced in accordance with Article 59 of the Organic Regulation of the Schools of Child Education and of the Primary Education Colleges and Article 67 of the Organic Regulation of the Secondary Education Institutes, proceed to hold elections in accordance with Articles 32 to 59 of the Organic Regulation of the Schools of Child Education and of the Colleges of Primary Education, Articles 34 to 67 of the Organic Regulation of the Institutes of Secondary Education and in this Order.

2. If new elections are to be held in order to complete the vacancies produced, the elected representatives shall end their term of office on the date on which the members of the Council to whom they are replaced have concluded.

Third.-The elections of representatives of the various sectors of the school community in the School Councils of the Centers referred to in this Order will be held in the second half of November.

Fourth. -1. The number of representatives to choose is the one that corresponds to each type of Center according to the regulations applicable to it.

2. In Primary Education Colleges that deliver the first cycle of compulsory secondary education, teachers, pupils and parents of pupils in this educational cycle will be integrated into the Primary School of Education and will be a part, as appropriate, of all its governing bodies.

At these Centers will be part of the School Board, with a voice but no vote, a representative of the students of the first cycle of compulsory secondary education.

3. In the case of Grouped Rural Schools, the municipal representation will be held every academic year by one of the Ayamentos to which the Grouping extends its scope.

Fifth. -1. The Boards of Elections provided for in Article 35 of the Organic Regulation of the Schools of Child Education and of the Colleges of Primary Education and Article 36 of the Organic Regulation of the Institutes of Secondary Education shall be established. Before 21 October, they will be responsible for organizing the procedure for the selection of the members of the School Board in the conditions that best ensure the participation of all sectors of the educational community.

2. The Directors of the Centers shall organize, with due guarantees of publicity and equality, the drawing of the components, holders and alternates, of the Electoral Board, to which end they shall have elaborate electoral censuses that will subsequently be approved by the Board. They shall also take all preparatory measures necessary to facilitate the electoral process.

Sixth. -Once the Electoral Board has been established, in addition to exercising the powers granted to it by Articles 36 and 37 of the Organic Regulation of the Schools of Child Education and the Colleges of Primary Education and the Articles 37 and 38 of the Rules of Procedure of the Institutes of Secondary Education shall proceed to:

(a) Determine the deadline for the admission of candidates from the various sectors. Between the day of publication of the provisional list of candidates and the date of the votes, eight calendar days shall elapse.

(b) Approve, if deemed appropriate, the models of electoral ballots in which case the votes cast in a different model shall be void.

Seventh. -1. After the period of admission referred to in point 6 (a) of this Order is closed, the Electoral Board shall make public the provisional list of the candidates admitted.

2. Against the provisional list it may be claimed within the day following that of its proclamation. The Board shall decide within the period of the working day immediately thereafter. Against the final list of candidates, ordinary appeal to the provincial director of the Ministry of Education and Science, whose resolution will put an end to the administrative route.

Eighth.-When there are differentiated candidates for parents or students, the ballots will conform to the following rules:

(a) The names of the candidates, whether or not they belong to different candidates, shall be sorted alphabetically from the initial first last name.

(b) If the candidate is presented as part of a differentiated candidacy, the name of the association or organization that submitted the candidacy shall be below its name.

c) The name of each candidate will be preceded by a box. The voter shall mark with a cross the box corresponding to the candidate or candidates to whom he grants his or her vote.

Ninth. -1. The voting day shall be the Electoral Tables provided for in Articles 40 and 46 of the Organic Regulation of the Schools of Child Education and of the Colleges of Primary Education and Articles 41, 47, 52 and 56 of the Organic Regulation of the Institutes of Secondary Education.

2. The voting time shall allow all electors who so wish to exercise their right to vote.

Tenth. -1. Parents of pupils will be able to cast their vote by mail. To this effect, the Electoral Board will provide the necessary documentation for this and will also send to the Associations of Alumni Parents sufficient electoral ballots to be distributed among the parents of the students, with the object of make it easier for them to vote by mail.

2. The voter will fill in the ballot paper and enter it in the electoral envelope, along with a photocopy of his national identity card. This envelope will be included in an envelope addressed to the Board of Elections and will be sent by registered mail.

3. The Electoral Board shall keep the votes received by post and submit them to the corresponding Bureau before the time indicated for the closing of the vote. The votes received later shall not be counted.

11th. -1. The provincial directors of the Ministry of Education and Science, the Education Directors of the Spanish Embassies abroad, the Directors of the Centers and the Electoral Boards will take the necessary measures to guarantee the normal establishment of the School Board of the Centre, and ensure the participation of all sectors of the school community in the respective processes, establishing the most favourable conditions for such participation.

2. The Directors of the Centres shall, within the maximum period of forty-eight hours from the date of the end of the voting in all sectors, complete and send to the provincial directors of the Ministry of Education and Science the printed on which the data is collected with the results of the participation shown as an annex to this Order.

Choosing single-personal organs of government

Twelfth. -The Centers referred to in the first order of this Order, whose single-person organs of government do not conclude the three-year term for which they were appointed or are in any of the cases In accordance with Article 21 of the Organic Regulation of the Schools of Early Childhood Education and of the Schools of Primary Education and Article 17 of the Organic Regulation of the Institutes of Secondary Education, they shall choose their bodies. (a) a single person of government in accordance with the provisions of Articles 11 to 30 of the Organic Regulation of Schools of Early Education and Schools of Primary Education, Articles 8 to 32 of the Organic Regulation of the Institutes of Secondary Education and in this Order.

13th. -The Directors of the Centers within the scope of this Order will be elected in the first half of June, in which time the Secretary of the Electoral Bureau will notify the Provincial Director of the Ministry of Education and Science the name of the candidate who obtained the absolute majority.

14th. -1. The Director-elect shall, where appropriate, propose to the School Board of the Centre the appointment of the other single-person governing bodies and, once appointed by this collegial body, forward the proposals for appointment to the Provincial Director of the Centre. Ministry of Education and Science.

2. The appointment of the Head of Studies and the Registrar may be held at the same session of the School Board in which the Director's election takes place.

15th. -The provincial directors, the directors of the centers and the electoral tables that will be constituted, will take the necessary measures to guarantee the normal development of the process of election refers to this Order.

Sixteenth.-The appointment and inauguration of the unipersonal governing bodies referred to in this Order will take place with effect from 1 July of the year in which the elections are held.

Seventeenth. -Exceptionally, the Public Schools of Child and Primary Education whose joint operation was established in Article 2 of Royal Decree 719/1993, of 7 May, will elect their unipersonal organs of government in December of this year, in accordance with the procedure laid down in this Order.

The appointment and inauguration of such single-member bodies will take place with effect from 1 January 1994, concluding their term of office on 1 July 1996.

Eighteenth. -The references in this Order to the provincial directors of the Ministry of Education and Science shall be construed as references to the Ministry of Education or, failing that, to the Technical Secretariat of the Ministry of Education. Department for the case of the Centers on the exterior of the Spanish State and the Central Technical Inspection Service for the case of the Centers under the Ministry of Education and Science with the Ministry of Defense.

Nineteenth. This Order shall enter into force on the day of its publication in the Official Journal of the State.

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

Madrid, October 5, 1993.

SUAREZ PERTIERRA

Excmo. Mr. Secretary of State for Education and Ilmos. Mr Director-General of School Centres and Technical Secretary-General.

(ANNEX OMITTED)