Article 11 (2) of the Organic Law 8/1985 of 3 July, which regulates the law of education, provides that the adaptation of the provisions of the law to the centres providing teaching other than pre-school education, General Basic, Baccalaureate and Vocational Training, shall be carried out regulatively.

This provision comes to comply with the adaptation provided for in that Article 11.2 to the Official Language Schools in respect of the structure and functioning of the Government Bodies, both unipersonal as a schoolgirl, of such schools.

In its virtue, with the report of the State School Council, in agreement with the State Council, on the proposal of the Minister of Education and Science and after deliberation of the Council of Ministers at its meeting of September 2, 1988,

DISPONGO:

TITLE FIRST

General provisions

Article 1. °

1. Official Language Schools will have the following governing bodies:

(a) Unipersonal: Director, Secretary, Head of Studies and, where appropriate, Deputy Director and Deputy Secretary.

(b) Colleges: School Board of the Faculty and Centre of Teachers.

Such Schools shall, where appropriate, have the other governing bodies, which shall determine their respective organic regulations.

2. For the purposes of the above paragraph, Official Language Schools shall be understood as falling within the scope of Law 29/1981 of 24 June of the Management of Official Language Schools.

Art. 2. °

1. The participation of the students, parents of students, teachers, staff of administration and services and of the city, in the management of the Official Schools of Languages will be carried out, in accordance with the provisions of the Law Organic Law to the Education, through the School Board of the Centre, without prejudice to the competences of the Faculty of Teachers.

2. The governing bodies shall ensure that the activities of the Centres are carried out in accordance with the constitutional principles and guarantee of the students ' ideological neutrality. They shall also ensure the effective implementation of the purposes of education and the improvement of the quality of education.

TITLE II

Unipersonal Governance Organs

Art. 3. °

One-person governing bodies constitute the management team of the Center. The term of office of the said single-person organs shall be three years, counted from their appointment and corresponding inauguration.

CHAPTER FIRST

From The Director

Art. 4. °

The Director of the Centre shall be elected by the School Board of the Centre and appointed by the head of the provincial services of the Ministry of Education and Science.

Art. 5. °

The candidates for the position of Director shall be teachers with final destination in the Centre, with at least one year of stay in the Centre and three of teaching in Official Language Schools, except as provided in the article. 8. °

Art. 6. °

Candidates must submit in writing to the School Board, at least fifteen days before the date of the election, the basic lines of their program and their professional merits.

Art. 7. °

The election will take place by an absolute majority of the members of the School Board and the vote will be carried out by direct and secret suffrage before the Electoral Bureau. If the absolute majority is not produced at first vote, a new call shall be made within 48 hours, and the vote shall be taken by an absolute majority.

Art. 8. °

1. In the absence of candidates, or where they do not obtain the absolute majority, the provincial director of the Ministry of Education and Science shall appoint a Director on a provisional basis. Such designation shall preferably be carried out between the teachers of the Centre and, failing that, between the number of teachers of another Official Language School so that, in committee of services and with the indicated provisional character, the directive. The accidental director shall propose to the provincial authority the provisional appointment of the management team.

2. In the case of newly created centres, the provincial director of the Ministry of Education and Science shall appoint an accidental director, in accordance with the provisions of the previous paragraph, as well as the provisional appointment of the team. manager.

3. In all cases of provisional appointment, the designation shall take effect until the end of the course in question.

Art. 9. °

The Electoral Bureau will be composed of two teachers and two students from the Center, chosen by lot in the Center School Board. He will act as President of the oldest elected Professor, and of the youngest Secretary.

Art. 10.

1. The candidate who obtains the absolute majority will be sent by the Electoral Bureau to the provincial director of the Ministry of Education and Science for their appointment.

2. The appointment will be made during the first quarter of the academic year and will take effect from the following 1 January.

Art. 11.

It will be Director competencies:

a) Officially Ostend the representation of the Center.

b) Fulfill and enforce the laws and other provisions in force.

c) To direct and coordinate all activities of the Center, in accordance with the provisions in force, without prejudice to the competencies of the School Board of the Center.

d) Exercise the leadership of all staff assigned to the Center.

e) Convening and presiding over the academic acts and meetings of all the collegiate bodies of the Centre.

f) Authorize expenses in accordance with the Center's budget and order the payments.

g) Visage the Center's official certifications and documents.

h) Propose the appointment of the management positions.

i) To execute the agreements of the collegiate bodies in the field of their competence.

j) Coordinate the participation of the various sectors of the school community by taking the necessary means for the most effective execution of their respective attributions.

k) Develop with the management team the proposal of the Center's annual activity plan.

l) Promote and promote the Center's relations with the institutions of its environment, in particular with the public bodies that carry out tasks of responsibility in the field of education.

ll) Elevate an Annual Report to the Ministry's provincial services on the activities and general situation of the Centre.

m) Facilitate appropriate coordination at the Teachers ' Center and other educational services in their demarcation and provide the information required by the competent educational bodies.

n) Ensure information on the life of the Centre to the various sectors of the school community and its representative organisations, as well as to facilitate the right of teachers, pupils and staff to meet administration and services, in accordance with the provisions of the Organic Law 8/1985 of 3 July.

Art. 12.

1. The Director of the Centre shall cease his duties at the end of his term of office or at the time of any of the following:

a) Any situation that involves leaving the Faculty of Teachers.

b) A reasoned resignation accepted by the educational authority that proceeded with the appointment.

(c) Revocation by the same authority, on a reasoned proposal from the School Board of the Center, after agreement of its members, adopted by a two-thirds majority.

2. If the Director ceases before the end of his term of office for any of the reasons listed in the preceding paragraph, the provisions of Article 8 shall be subject to the call for elections within the time limits laid down in the Article 27 of this Royal Decree.

Art. 13.

By way of derogation from the foregoing Article, the authority which made the appointment may, by means of administrative file, cease or suspend the Director before the end of his term of office when he or she seriously fails to fulfil his obligations. functions, prior reasoned report of the School Board of the Center and with an audience of the interested party.

CHAPTER II

Of the remaining one-person governing bodies

Art. 14.

1. The Secretary and the Head of Studies and, where appropriate, the Vice-Director and Deputy Secretary, shall be teachers of final destination at the Centre, elected by the School Board on a proposal from the Director and appointed by the Provincial Director of the Ministry of Education. Education and Science.

2. The election of these unipersonal organs of government shall be carried out by direct and secret suffrage, with the absolute majority of the votes of the School Board of the Center being accurate. If they do not obtain the majority, the simple majority on the second ballot shall be sufficient. If the required votes are not obtained on the second ballot, the Provincial Director of the Ministry of Education and Science shall take the necessary measures to ensure the proper functioning of the Centre.

3. Elected by the School Board of the Centre, the teachers to be appointed by the Secretary and Head of Studies and, where appropriate, Deputy Director and Deputy Secretary, the Director of the Centre shall forward the proposal for appointment to the Director. Provincial Ministry of Education and Science, for the purposes of Article 10.2.

4. Such charges shall cease in their duties at the end of their term of office or at any of the causes identified for the cessation of the Director in Articles 12 and 13.

5. Where the cessation of these charges occurs, the provisions of Article 17.2 shall be without prejudice to the Director's taking the necessary measures for the convening of the School Board of the Centre for the purpose of covering the vacancy produced.

Art. 15.

The Secretary's competencies will be:

(a) The management of the administrative regime of the Centre in accordance with the Director's guidelines.

b) Act as the Secretary of the Center's collegiate bodies, take up the minutes of the sessions, attest to the agreements with the approval of the Director.

c) Custody the Center books and files.

d) Exorder certifications requested by the authorities and stakeholders or their representatives.

e) Formulate the general inventory of the Center and keep it updated.

f) Exercise, by delegation of the Director and under his authority, the leadership of the staff of the Centre's administration and services.

g) Develop the Center's preliminary draft budget.

h) Any other function entrusted to you by the Director within your scope of competence.

Art. 16.

1. The Head of Studies shall be responsible for:

(a) Coordinate and ensure the execution of the academic activities of teachers and students in relation to the annual plan of the Centre.

b) Confect academic schedules in collaboration with the remaining one-person organs and ensure their strict compliance.

c) Coordinate school and professional orientation activities, as well as activities of support services that have an impact on the Center.

d) To ensure compliance with the criteria set by the Faculty of Teachers on the evaluation and recovery of students.

e) Custodian and use of audiovisual media and teaching materials.

f) Organize academic acts.

g) Any other function that may be entrusted to it by the Director within its scope of competence.

h) Replace the Director in the event of absence or illness, where there is no Vice-Director at the Centre.

2. In those schools where the delegated sections are in place, a Head of Studies of a delegated section shall be appointed, with the same powers as the Head of Studies of the Centre, with the exception of the setting of timetables to be carried out by the Centre. Head of Studies at the Centre.

Art. 17.

1. It shall be the duties of the Deputy Director and Vice-Secretary, which the Director expressly entrusts to them in relation to the Centre's economic and administrative management and management.

2. In the event of absence or sickness of the Director, the Deputy Director of the Centre shall be responsible for his duties. It will also be up to the Deputy Secretary to replace the Secretary in the same cases. Where there is no Deputy Secretary, the replacement shall correspond to the Teacher appointed by the Director of the Centre, after communication to the School Board. This procedure will also be used to replace the Head of Studies.

TITLE III

Collegiate governing bodies

CHAPTER FIRST

The School Board

Section 1. Composition

Art. 18.

The School Board of the Center is the participation organ of the different members of the school community.

Art. 19.

1. In the Official Language Schools, the School Board of the Centre shall be composed of:

a) The Director of the Center, who will be its President.

b) The Head of Studies.

(c) A councillor or a representative of the City Council in whose municipal term the Centre is located.

d) Representatives of the Teachers.

e) Representatives of the students.

f) Representatives of the parents, if any.

g) Representatives of administration and service personnel.

h) The Secretary of the Center, who will act as Secretary of the School Board, with voice but no vote.

2. The number of representatives of teachers, pupils, parents of pupils and staff of administration and services shall be determined in accordance with the provisions of the following Article.

Art. 20.

1. In the Official Language Schools, the number of teachers and students, members of the School Board of the Centre, is established according to the number of students enrolled in official education, according to the following tenor:

-At the Centers with a number of official students equal to or greater than 5,000: Eight Teachers and eight students.

-In the Centers whose official registration is equal to or greater than 2,000: Six Teachers and six students.

-In the Centers with a number of students below 2,000: Five teachers and five students.

2. The number of representatives of administration and service personnel shall be:

-Three in the Centers with a number of students equal to or greater than 5,000.

-Two in the Centers with a number of students equal to or greater than 2,000.

-One in the Centers with a number of students less than 2,000.

3. In the Official Language Schools with a number of official pupils under age, equal to or greater than 25 per 100 of the total number of pupils, will be part of the School Board representatives of the parents and pupils, whose number is set Next mode:

In the Centers with a number of students equal to or greater than 5,000: Two parents.

In the Centers whose official enrollment is less than 5,000: A parent.

In this case the number of posts allocated to parents will be reduced from the number of posts allocated to the students, as provided for in paragraph 1 of this article.

Art. 21.

The School Board of the Center may assist the Deputy Director and the Deputy Secretary, with a voice but no vote, when dealing with matters that have been expressly entrusted to them.

Section 2. First Choice Procedure

a) Getting started with the procedure

Art. 22.

The procedure for choosing the members of the School Board of the Official Language Schools will be carried out in the first quarter of the corresponding academic year and within the teaching period. The date of the elections shall be set by the Ministry of Education and Science, one month in advance.

Art. 23.

For the purposes of the organization of the election procedure, an Electoral Board shall be constituted in each School composed of the Director of the Center, two Teachers, two students, a representative of the administrative staff and services and, if any, a parent. All components of the Board of Elections, with the exception of the Director of the Center, shall be designated by lot.

Art. 24.

1. The following Electoral Board shall be responsible for:

(a) Approval and publication of the electoral censuses, which shall in any case include the name, surname and address of the electors.

b) Ordination of the electoral process.

c) Admission and nomination of candidates.

d) Promotion of the Constitution of the Electoral Board.

e) Resolution of the complaints filed against the resolutions of the Electoral Board.

f) Proclamation of the chosen candidates and referral of the relevant minutes to the competent administrative authority.

2. All members of the school community will be eligible and eligible, but they can only be elected by the relevant sector of the school community.

Art. 25.

The Electoral Board to direct the election procedure will request from the City Council, on whose municipal term the Center is located, the appointment of the councilman or representative of the municipality to be part of the of the School Board.

b) Choice of teacher representatives

Art. 26.

The representatives of the faculty in the School Board of the Center will be chosen by the Cloister and within it. The vote will be direct, secret and not delegated.

Art. 27.

For the purposes of the provisions of the previous article, we will proceed to convene the Cloister, reading the norms of this Royal Decree concerning the procedure of election of the representatives of the Teachers in the Council School of the Centre. The date of celebration of the extraordinary character shall be fixed at that meeting, in which the act of election and proclamation of elected teachers shall be the only item on the agenda.

Art. 28.

In the extraordinary Claustro session, as referred to in the previous article, an Electoral Table will be set up. The Bureau shall be composed of the Director of the Centre, who shall act as President of the Centre; the longest-serving and the oldest teacher in the Centre, acting as the latter of the Secretary of the Bureau. Where several teachers of greater or lesser age are in a centre, they shall be the oldest, in the first case, and the youngest, in the second.

Art. 29.

The quorum of the constitution will be one of the half plus one of the components of the Cloister. If there is no quorum, a new call shall be made twenty-four hours after the first call, with the required quorum being required.

Art. 30.

Each Teacher shall record a maximum of two-thirds of the number of Teachers to be elected on their ballot. When the resulting number is fractional a more name will be added.

c) Choice of student representatives

Art. 31.

Students ' representatives in the School Board will be chosen by those who are officially enrolled in the corresponding Official Language School.

Art. 32.

The Electoral Bureau shall be constituted by the Director of the Center, who shall act as President, and two students appointed by draw, one of whom shall act as Secretary.

Art. 33.

The vote will be direct, secret and not delegated. Each pupil shall record a maximum of two-thirds of the number of pupils to be elected on his ballot. When the resulting number is fractional a more name will be added.

Art. 34.

Students who are proposed by an association of students from the Center or endorsed by the firm of ten voters will be able to act as supervisors.

d) Choice of service administration personnel representatives

Art. 35.

The representative or representatives of the administration and service personnel shall be chosen by the personnel who perform in the Center functions of this nature, provided that they are linked to it by legal relationship administrative or labour. All management and service personnel of the Center that meets the stated requirements have the status of elector and eligible.

Art. 36.

For the election of representatives in the School Board of the administration and services staff, a Bureau shall be constituted by the Director, who shall act as President, the Secretary and the staff member with the most seniority at the Centre. If the electorate is less than five, the vote will be taken before the Electoral Board of the faculty, in separate ballot box.

Art. 37.

The vote will be carried out by direct, secret and non-delegable suffrage. Each voter shall place on the Electoral Table a ballot in which he shall record the name of the person to whom he gives his representation.

e) Choice of parent representatives

Art. 38.

The representation of parents of minor pupils in the School Board of the Centre shall be the responsibility of these or the legal representatives of such pupils, regardless of the number of children who are studying at the Centre. The right to choose and to be elected corresponds to the father and the mother or, where appropriate, the legal guardians. In cases where the parental authority is conferred on only one of the parents, the conditions of elector and electable shall exclusively concern him.

Art. 39.

All parents or legal guardians of underage students who are officially enrolled in the Center will be eligible and eligible. The election shall take place among the candidates admitted by the Board referred to in Article 23 of this Royal Decree.

Art. 40.

The Electoral Board shall be composed of the Director, who shall act as President, and two parents, chosen by lot, one of whom shall act as Secretary.

Art. 41.

The vote will be direct, secret and not delegated. Each parent will record a name on its ballot.

Art. 42.

Parents or legal guardians of underage students, proposed by an association of parents of pupils in the Centre or endorsed by the firm of ten constituents, may act as supervisors of the vote.

Art. 43.

In order to get as much participation as possible, parents of students will be able to use the vote by mail. To this end, the letters containing the vote must be sent to the Electoral Board before the vote is carried out by means of a procedure that guarantees the secrecy of the vote and the identification of the voter.

f) Completion of the procedure

Art. 44.

In each of the electoral acts, once the vote is complete, the Bureau will proceed to the vote count. The counting of votes, which shall be published, shall be carried out by a record which shall be signed by all the members of the Bureau, which shall include the representatives elected by the largest number of votes. The minutes will be sent to the Electoral Board of the Center for the purpose of the proclamation of the different candidates elected, referring to the Provincial Directorate of the Ministry of Education and Science.

Art. 45.

When there is a tie in the votes, the election will be headed by lot.

Art. 46.

In anticipation of future substitutions of the proclaimed candidates, the names of all those who have obtained votes and the number of those who have corresponded to each one shall be recorded in the minutes.

Art. 47.

The act of proclamation of the candidates chosen will be carried out by the Electoral Board of the Center, following the scrutiny by the Bureau and the receipt of the corresponding minutes. Against the decisions of the Electoral Board, it may be claimed before the Provincial Director of the Ministry of Education and Science and against this Resolution may be brought, where appropriate, to the use of pre-route replacement administrative-litigation.

Art. 48.

The expenses arising from the electoral activities, except those caused by the propaganda, shall be borne by the appropriations allocated for the operation of the Centre.

Section 3. Constitution of the School Board of the Center and attributions

Art. 49.

Within ten days, from the date of the proclamation of the candidates elected by the Electoral Board that has organized the election procedure, the Director will convene the different members for the session of the constitution of the School Board.

Art. 50.

If any of the sectors of the school community do not choose their representatives in the School Board for reasons attributable to these sectors, this fact will not invalidate the constitution of the School Board. To this end, the Provincial Director of the Ministry of Education and Science shall take appropriate measures to establish this collegiate body.

Art. 51.

The meetings of the School Board of the Center will be held in the day and with the schedule that will guarantee the assistance of all the sectors represented in it.

Art. 52.

Within the School Board of the Centre there will be an Economic Commission, composed of the Director, a Teacher, a pupil and, where appropriate, a parent. In those Centres to which the Local Corporations cooperate, the Councillor or representative of the City Council of the School Board shall be a member of that Commission.

Art. 53.

Constituted by the School Board of the Center and at the first meeting of the Center, the Teachers of the Council will elect from among themselves the Professor who must be part of the Economic Commission. Similarly, the pupils and, where appropriate, the parents shall elect, from among themselves, those who are to represent them in the Commission.

Art. 54.

Elective members of the School Board of the Center, as well as the Economic Commission, will be renewed every two years. Those members who, in the course of this time, will no longer have the necessary requirements to belong to the Council or the Commission, will be replaced by the following candidates in the number of votes obtained. The same procedure will be followed to cover vacancies that occur for any other circumstance.

Art. 55.

The School Board of the Center will have the following attributions:

a) Choose the Director and designate the management team for the proposal.

b) Propose the revocation of the appointment of the Director, with the agreement of its members adopted by a two-thirds majority.

c) Deciding on the admission of students, subject to strict adherence to the legislation in force.

d) Resolve conflicts and impose sanctions on student discipline, in accordance with the rules governing the rights and duties of students.

e) Approve the Center's budget project.

f) Approve and evaluate the overall programming of the Centre which, on an annual basis, produces the management team.

g) Develop guidelines for the programming and development of complementary school activities.

h) To establish the criteria for the participation of the Center in cultural, sports and recreational activities, as well as in those assistance actions to which the Center could lend its collaboration.

i) Establish collaborative relationships with other Centers for cultural and educational purposes.

j) Approve the Center's Rules of Procedure.

k) Promote the renovation of school facilities and equipment, as well as monitor their conservation.

l) Monitor the general activity of the Center in the administrative and teaching aspects.

ll) Report the annual memory on the activities and general situation of the Center.

m) Learn about the evolution of the overall school performance of the Center through the results of the evaluations.

n) To know the relationships of the Center with the institutions of its environment, in particular with the public agencies that carry out tasks of responsibility in educational matters.

Art. 56.

The School Board of the Center shall meet once a quarter and whenever its President calls it or request it, at least one-third of its members. In any case, a meeting will be required at the beginning of the course and another at the end of the course.

Art. 57.

The Economic Commission will inform the School Board of the Centre on how many economic matters the Council entrusts to it. Their meetings shall be held at least once a quarter.

CHAPTER II

The Teacher's Cloister

Art. 58.

The Faculty of Teachers, which is the body of its own participation in the Centre, will be composed of all the teachers who provide services in the Centre. The Cloister shall be chaired by the Director of the Centre.

Art. 59.

They are the competencies of the Faculty of Teachers:

a) Schedule the Center's teaching activities.

b) Choose your representatives in the School Board of the Center.

c) Set and coordinate criteria on the evaluation and recovery work of students.

d) Coordinate the orientation and mentoring functions of the students.

e) Promoting initiatives in the field of experimentation or pedagogical research.

f) Elevate the proposed management team to the overall programming of the Center, as well as report such programming prior to its presentation to the School Board of the Center.

g) Elevate proposals to the management team for the development of complementary activities.

h) Other than I attribute to you the Organic Regulations of Official Language Schools.

Art. 60.

The Cloister shall meet once a quarter and whenever the Director calls it or requests a third, at least, of its members. In any case, one session of the Cloister shall be required at the beginning of the course and another at the end of the course.

Art. 61.

Assistance to the Cloister will be mandatory for all components of the Cloister.

ADDITIONAL PROVISIONS

First.

The fixing of the additional remuneration of the single-personal organs of government of the Centers included in this Royal Decree will be carried out by the Government, after appraisal of the jobs, according to the rules in force.

Second.

In the case of Official Language Schools located in the territorial scope of the Autonomous Communities that have not assumed competence in this respect in accordance with their Statutes, and whose holders are the Local Corporations, the functions which, according to this Royal Decree, correspond to the Ministry of Education and Science in relation to the appointment of the unipersonal organs of government, shall be understood as referring to the holder public promoter.

Third.

This Royal Decree shall apply in the territorial area of the Autonomous Communities which have jurisdiction to the effect as long as they do not develop the provisions of Title III of the Law Regulatory Organic Law the Education, in accordance with its first provision, point I, and as long as the corresponding services are not transferred.

REPEAL PROVISION

At the entry into force of this Royal Decree all provisions of the same or lower rank that are contrary to the provisions of this rule are repealed.

FINAL PROVISIONS

First.

The Minister of Education and Science is hereby authorized to dictate how many provisions are necessary for the development of the provisions of this Royal Decree.

Second.

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

Given in Palma de Mallorca to September 2, 1988.

JOHN CARLOS R.

The Minister of Education and Science,

JAVIER SOLANA MADARIAGA