Key Benefits:
Meeting the Joint Committee on Transfers provided for in the fourth transitional provision of the Statute of Autonomy of the Valencian Community, adopted at its meeting of 27 June 1983 the agreement whose practical virtue rswants the corresponding approval by the Government through Royal Decree.
In its virtue, on the proposal of the Ministers of Education and Science and of Territorial Administration and after deliberation of the Council of Ministers at its meeting of July 27, 1983, I have:
Article 1. The agreement is approved by the Joint Commission of Transferns of the Valencian Community of 27 June 1983 transferring powers and functions of the State in the field of non-university education to the Valencian Community and to the the corresponding services and institutions and personal, material and budgetary resources are transferred to the exercise of those services.
Art. 2. Consequently, the powers referred to in the agreement, which is included as an annex to this Royal Decree and which have been transferred to the same services and institutions and goods, rights and obligations, are transferred to the Valencian Community. as well as the staff, budget appropriations and documentation and files listed in the relations numbers 1 to 3 attached to the agreement of the Joint Committee, indicated in the terms and conditions specified therein.
Art. 3. The transfers referred to in this Royal Decree shall be effective from 1 July 1983, as indicated in the agreement of the Joint Committee, with the effect of validating all administrative acts dictated by the Ministry of Education. and Science until the date of publication of this Royal Decree.
Art. 4. 1 The budgetary appropriations detailed in the ratio 3.2 as
2. Appropriations not included in the assessment of the actual cost, as referred to in relation 3.3, shall be delivered directly, without the need for budgetary changes of any kind, by the Ministry of Education and Science and its Autonomous bodies to the Valencian Community, whichever is the final recipient of the payment, in such a way that the latter may have the funds in advance to give effect to the corresponding benefit within the same time limit as was produced.
Art. 5. This Royal Dscreto will enter into force on the day of its publication in the Official Journal of the State.
Given in Madrid to July 28, 1983.-JUAN CARLOS R.-The Minister of the Presidency, Javier Moscoso del Prado and Muñoz.
ANNEX
Don G. P. de D. y dona M. B. B. P., Secretaries of the Mixed Commission of Transfers of the Valencian Community, certify:
At the plenary session of the Commission held on 27 June 1983, agreement was reached on transfers to the Valsncian Community of non-university teaching skills, functions and services on the basis of the The following are espresan:
A) Reference to constitutional and statutory and statutory rules for the transfer.
Articles 148.1 and 149.1, in conjunction with Articles 147.2, (d) and 149.3 of the Constitution, establish the distribution of powers between the Central Administration of the State and the Autonomous Communities.
Moreover, the Statute of Autonomy of the Valencian Community, in its article 35, points out that it is the full competence of the Valencian Generality to regulate and administer the teaching in all its extension, levels and (a) the extent to which, in accordance with Article 81 (1) of the Constitution and in accordance with Article 81 (1) of the Constitution, the powers conferred on it by Article 27 of the Constitution and the laws of the Member States attributes to the State the number 30 in Article 149 (1) of the Constitution of the High Inspection necessary for their compliance and warranty.
On the basis of these constitutional and statutory provisions, and pursuant to the Organic Law 12/1982 of 10 August, of transfers to the Valencian Community of powers in matters of State ownership, it is necessary to initiate the process of transfers in the field of education and science as a result of non-university education.
Consequently, the agreement on transfer of competences in the field indicated to the Valencian Community should be formalized, thus fulfilling the objectives of its creation and making it possible to of the new territorial organization of the State.
B) State functions assumed by the Valencian Community and identification of the services aue are transferred.
(a) The competencies, functions and services exercised by the current Provincial Directorates of Education of Alicante, Castellón and Valencia, as well as the staff assigned to them in the relations that are incorporated into the present agreement.
b) Provincial Basic Education Inspections of the State, including school, vocational, family and multi-professional teams of Special Education; the Professional Coordination Services, in its Case-law, Provincial Inspections of Vocational Training; the Baccalaureate Inspections of the State of the University Districts of Valencia and Alicante. In all cases the powers, functions and services exercised to date in the field of the Autonomous Community are included.
(c) The dependency, the administrative ownership and, where appropriate, the property and other real rights that the State has on the buildings and facilities of all the public centres of the Valencian Community, both under ordinary as a special scheme, other than those with the Ministry of Defence, relating to:
-Pre-school Education.
-Special Education.
-Basic General Education.
-Home-Listen.
-Permanent Adult Education.
-First-and second-degree Professional Training.
-Baccalaureate and INBAD extensions.
-Specialised teaching.
-Schools of Applied Arts and Arts.
-Ceramics schools.
-Official Language Schools.
-Music Conservatories.
-Institutes of Educational and Professional Guidance.
-Integrated Teaching Centers.
-Pilot and ordinary centres authorised to carry out the training of teachers in training, including the Colleges of practices attached to the University Schools of the Basic General Education Teacher, leaving Except, where appropriate, the competence of the University on these Teaching Centres and their eventual ownership over them.
(d) The powers relating to the creation, implementation, modification, classification, transfer, closure, deletion, legal, economic and administrative arrangements of the units, sections and centres public, both ordinary and special arrangements, as well as those of an experimental nature and distance learning in its various forms.
e) The powers, functions and powers conferred on the Ministry of Education and Science in respect of other centres of public ownership, as well as of the municipal schools of education, with exclusion of those referred to in paragraph (C).
(f) The powers, functions and powers conferred on the Ministry of Education and Science by the private centres.
(g) In respect of the transferred personnel, the administrative acts of personnel arising from the relationship between the officials and the Autonomous Community, within their territorial scope, and among them the following:
-The specific notice and provision of vacancies in the Autonomous Community, including the appointment of Courts, within the general selective tests that the Central Administration of the State has called, prior to the agreement of the Community, as regards both those vacancies and the establishment, where appropriate, of the relevant cultural peculiarities. The Central Administration of the State, after consultation with the Autonomous Community, will dictate a general standard of appropriate rank for which the bases of the said call will be governed. -the convening and resolution of the competitions for transfers within the scope of the Autonomous Community, in accordance with the rules laid down by the Community itself and those of a general nature to be agreed with the Communities; Autonomous.
-The appointments and cesses of officials to fill jobs.
-The appointments to provide interim vacancies, as well as the ability to formalize temporary collaboration contracts.
-Concession of compatibilities.
-Triennial recognition.
-Recognition of administrative situations for which the Central State Administration will be given.
-Concession of licenses and permissions.
-Concession of service commissions.
-Work and vacation arrangements.
-Execution of the remuneration scheme.
-Recognition of diets and travel expenses.
-Concession of rewards and rewards.
-Initiation, processing and resolution of disciplinary files, except for the resolution of those who assume the final separation of the service.
-Resolution of administrative appeals and enforcement of judgments in the field of personnel in the field of their competence, in accordance with Article 8.1 of Decree 4015/1982 of 29 December 1982, approve the rules for the transfer of functions and services from the State to the Valencian Government.
-Selection, training and appointment of Directors of public centers and other managerial positions, in accordance with the basic legislation of the State.
h) The implementation of programs for the improvement of the faculty and staff of administration and services.
(i) The regulation of levels, degrees, modalities and specialties of teaching and of norms and pedagogical guidelines, in agreement and development of the State's provisions on general management of the educational system and The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the
(j) The processing and proposal of the experimental programmes for each profession referred to in Articles 15.2, 20 and 21.6 of Decree 707/1976 of 5 March on the organisation of vocational training.
k) The implementation of educational research and experimentation programs in the field of their competencies.
l) The edition of the school books, according to the conditions regulated by the State.
m) The development, approval and implementation of investment programmes in buildings, facilities and school equipment, in accordance with the specific needs of the Valencian Community and in accordance with the requirements of the point (c) (c) of this Decree.
n) The elaboration, supervision, approval, hiring and execution of new construction projects, reform, extension or improvement of the requirements, as well as the endowment and equipment concerning the public centers. Call for and resolution of competitions and projects of buildings and material. The establishment of rules on the drafting of technical projects. The technical and economic specifications of the material and furniture. The elaboration and implementation of projects of an experimental nature. The evaluation of the execution of the school buildings.
n) The call for and grant of free grants to private centres at the levels of compulsory education, as well as their control and possible revocation in accordance with the general criteria laid down in the basic legislation of the State and, in any case, in accordance with Articles 27.7 and 27.9 of the Constitution.
o) The call for and grant of grants to private initiative, other than those under the previous heading, as well as the processing and proposal of the declarations of preferential social interest of the Centers The Commission is also concerned about the need to ensure that the European Union is not involved.
p) Skills related to school transport, school canteens, Home and school holidays.
q) The protectorate on the teaching foundations that mainly develop their actions in the Valencian Community. The resolutions on constitution, modification of statutes and extinction will be published in the "Official Gazette of the State" and in the "Official Gazette of the Valencian Community".
r) The registration of all public and private centres in the territorial area of the Valencian Community to which the Community shall establish its own Register.
s) Funclones and means corresponding to the autonomous agencies dependent on the Ministry of Education and Science and which are related to the competences previously related.
C) Competences, services and functions reserved by the Central State Administration.
Consequently, with the relationship of past competences, they will remain in the Central Administration of the State and will continue to be of their competence to be exercised by the Misrna, in the normative or management field that corresponds, the following functions and activities:
(a) The basic conditions that guarantee the equality of all Spaniards in the exercise of their rights and duties in matters of education, in accordance with Article 149.1, 1. of the Constitution.
(b) Basic rules for the development of Article 27 of the Constitution, without prejudice to the competence of the Valencian Community for the legislative development, implementation and application of State legislation in this area. material.
c) The overall economic planning of investments within the scope established by Article 131 of the Constitution.
d) The general management of the educational system of application throughout the national territory, in particular: the determination of the duration of compulsory schooling, the regulation of levels, degrees, specialties, cycles and teaching methods, as well as the number of courses in each case, and the requirements for access from one level of education to another.
e) Basic regulations and determination of minimum requirements to be met by schools and school facilities.
f) The regulation of the conditions for obtaining, issuing and approving academic and professional titles valid throughout the Spanish territory, as well as the determination of the academic and professional effects of the "
g) The fixing of the minimum teachings referred to in the additional provision second B) bis, of the Organic Law 5/1980, of the Head of State, of 19 June, for which the Statute of School Centres is regulated.
h) The regulation of the basic conditions that guarantee the right and the duty to know the Spanish language, without prejudice to the competences of the Valencia Generalidad for the elaboration of norms and adoption of measures are necessary to guarantee the right of citizens of the Valencian Community to the use and knowledge of their own language.
i) The regulation of the conditions for the validation of academic and professional studies and titles.
j) The establishment of the basic characteristics of the Book of School, which is established on a compulsory and general basis for each level of education.
k) The protectorate on the national and international teaching foundations.
l) The ownership and administration of the public centers abroad and the legal regime of the foreign centers in Spain.
m) The ownership of the National Center for Basic Distance Education and the National Institute of Baccalaureate at Distance.
n) The registration of all the teaching centers in the Registry under the Ministry of Education and Science.
n) The acts of administration of personnel not attributed to the Autonomous Community, as well as the establishment of general rules of coordination, scheduling of personnel, remuneration, working arrangements and other matters necessary to ensure the equality of the officials of the State transferred to the various Autonomous Communities, without prejudice to the provisions of the provisions of Article 149.1, 18 of the EEC Treaty, which are in accordance with the provisions of Article 149.1, the Constitution.
or) The elaboration of teaching statistics for state purposes to which the Autonomous Community will provide the data for its realization. Similarly, the Central Administration of the State will make it easier for the Autonomous Community to obtain data for its own purposes.
p) Bilateral and unilateral international cooperation in the field of education.
q) The high inspection, in accordance with the provisions of the additional provision two of the Organic Law of the Statute of School Centers and in Article 35 of the Statute of Autonomy of the Valencian Community.
D) Functions in which the Central Administration of the State and the Autonomous Community are to participate.
They will be developed in coordination between the Ministry of Education and Science and the Ministry of Culture, Education and Science of the Valencian Generality, in accordance with the mechanisms that are indicated in each case, the following functions and competencies:
(a) The coordination between the registers of teaching centers, to which the Ministry of Education and Science of the Valencian Culture, Education and Science will transmit the precise data in order to the updating of the Registry dependent on the same. Likewise, the Central Administration of the State shall transmit to the Autonomous Community how many reports are requested by it.
b) The maintenance of computerized data banks of staff, centres and documentation of joint use, for which the mechanisms will be established to allow the continuous and reciprocal flow of information between the Ministry of Education and Science and the Ministry of Culture, Education and Science. In addition, the Valencian Government will provide the Central Administration with information and documentation on acts relating to transferred personnel.
(c) The Central Administration of the State and the Autonomous Community shall establish, by agreement, the necessary collaboration arrangements for the operation of INBAD and CENEBAD in the Valencian Community. In any case, the agreement must include the specific quota of the teachers assigned to the extensions of the same.
(d) The Autonomous Community and the State Administration in the exercise of the powers, rights and obligations that the current Ministry of Defense agreement with that of Education and Science attributes to the latter, in relation to the Public institutions covered by the Convention, located in the territory of the Autonomous Community.
e) The Valencian Generalidad and the State Administration shall cooperate in the exercise of the powers, rights and obligations corresponding to the Ministry of Education and Science, in relation to the foreign centers located in the territory of the Autonomous Community, provided that they welcome Spanish students.
f) The Central Administration of the State and the Autonomous Community will be able to establish by mutual agreement formulas of collaboration for the development of educational research.
g) The Ministry of Education and Science and the Ministry of Culture, Education and Science of the Valencian Government will establish the precise cooperation relations for the best coordination of the national programmes of Training of teachers-including the PRONED-and educational research with the Autonomous Community's own programmes. To this end, the Ministry of Culture, Education and Science shall collaborate in the annual improvement and research plans adopted by the Central Administration of the State, providing information on the own programs to be carried out. within the framework of the national guidelines.
The Ministry of Education and Science will give participation to the Ministry of Culture, Education and Science in the implementation of the national calls for programs for the improvement of teachers and in the selection of participants from the Autonomous Community.
(h) The Ministry of Education and Science and the Ministry of Culture, Education and Science of the Valencian Government will be in charge of procedures to guarantee the participation of the latter in the preparation of the training and further training of non-teaching staff, as well as the annual implementation of a minimum of programmes for which the recipients are the non-teaching staff of the Community.
i) The authorization of textbooks and didactic material in which the pedagogical programmes and guidelines developed by the Ministry of Education and Science will be developed will be carried out by the Ministry of Culture, Education and Science of the Valencian Community, prior to the report of the High Inspection of the State.
j) Research and experimentation in the field of projects, constructions and the allocation of centres.
k) The elaboration and execution of architectural projects of an experimental nature.
(l) Information on the budgets in terms of education, the implementation of education budgets and the evaluation of the costs of educational programmes.
m) The Ministry of Education and Science, within its budgetary resources, will provide editorial assistance to the Ministry of Culture, Education and Science of the Valencian Government and will arbitrate the precise procedures to ensure the participation of the latter in the programming of its publications.
E) Goods, rights and obligations of the State that are transferred.
1. The goods, rights and obligations of the State which are collected in the detailed inventory of the attached relation number 1, where the buildings, furniture and the concessions and contracts affected by it are identified, are transferred to the Valencian Community. the transfer. These transfers shall be formalised in accordance with the provisions of the fourth transitional provision of the Autonomy Statute and other provisions in each applicable case.
2. The Autonomous Community of Valencia is subrogated in all works and supplies contracts, as well as in the rights and obligations arising from those contracts which have been awarded to the Autonomous Community until 30 July 1983.
The Board of Construction, Facilities and School Equipment will finish, until its final liquidation, all the investment files awarded prior to the 30th of July 1983. For this purpose, the appropriations necessary for their effectiveness shall be entered in the budget of the Agency in respect of the financial years concerned, which shall be assigned to them by new or replacement investments. correspond to the Autonomous Community of Valencia. Prior to the completion of the minutes of receipt of the projects concerned, the Agency shall inform the Autonomous Community of the circumstances in which they are located, so that the latter may be aware of the of such works.
From 30 July 1983 until the end of that financial year, the Board of Construction, Facilities and School Equipment shall perform the procurement of works or supplies corresponding to the Community. Autonomous Valencian, according to the existing budget, and in accordance with the proposals made by the Autonomous Community.
From 1 January 1984 the Autonomous Community of Valencia shall subrogate itself to the rights and obligations arising from all contracts effected in accordance with the provisions of the preceding paragraph and, where appropriate, of contracts referred to in the second paragraph of agreement between the Autonomous Community and the Board of Construction, Facilities and School Equipment.
Prior agreement signed between the Valencian Community and the Board of Construction, Facilities and School Equipment, Technical Units and Regional Office of Project Supervision, with all personnel personnel which are transferred, will continue to provide the services of works management, the supervision of projects, etc., which are currently carried out in respect of university investments, both with centralized funds in the Board of Construction, Facilities and School Equipment of the Ministry of Education and Science Decentralized in the Universities of Alicante, Valencia Literaria and Valencia Polytechnic.
F) Staff assigned to the services and institutions that are transferred.
The staff assigned to the services and institutions transferred and referred to nominally in the attached relationship number 2.1, will continue with this membership, going on to depend on the corresponding Autonomous Community in the terms legally provided for by the Statute of Autonomy and the other rules in each applicable case and in the same circumstances as specified in the attached relationship and with their Personal Registration number. A copy of all the files of this transferred staff shall also be sent to the competent authorities of the Autonomous Region of Valencia, with the following procedures being made by the Central Administration of the State to amend the organic and budget based on the operated transfers.
G) Job vacancies that are moved.
The job vacancies to be transferred are as detailed in the attached ratio 2.2, with an indication of the Body to which they are attached, the organic level and the corresponding budgetary allocation.
H) Final assessment of the financial burdens of the services transferred.
Budget of the Ministry of Government Presidency:
H. 1. The effective cost of the services transferred by this Decree to the Valencian Community is raised to 197.522,000 pesetas, according to detail in the relationship 3.1 *.
H. 2. The financial resources allocated to the expenditure incurred by the services which are carried over during the 1983 financial year are raised to 281,451,000 pesetas, the details of which are set out in the ratio 3.2, no effective action is taken in the In 1983, the Department of Staff's payroll was paid by the Department in 1983.
The amount of these resources has been set with data from the general budget of the State for 1983.
Section 31 Budget,
H. 3. The effective cost corresponding to the services transferred by this Decree to the Valencian Community rises to 62,494,000 pesetas, as shown in relation 3.1.
H. 4 The financial resources to be used to cover the costs incurred for the services carried over during the financial year 1883 are to 66,723,000 pesetas, the details of which are set out in relation 3.2, not being applied no effective discharge in the budget during 1983 for paying the Department's staff payroll during the present year.
Ministry of Education and Science Budget:
H. 5. The effective cost corresponding to the services transferred by this Royal Decree to the Valencian Community is raised to 28,574,216,000 pesetas, according to detail in relation 3.1. The resources concerned import pesetas 222,294,000 and the net charge is estimated at 28,291,822 000 pesetas.
H. 6. The financial resources intended to cover the costs incurred in connection with the services carried over during the 1983 financial year shall include
following allocations:-Budget allocations for cash cost coverage (its detail appears in ratio 3.2): 32,180,158,000 pesetas. The effective discharge amounts to 307,566,000 pesetas, to be paid by the Department during the present year the payroll and other operating expenses.
-Expected collection of academic and administrative fees for non-university teaching centers: 183,614,000 pesetas.
-Multiple grants and investments (its detail appears in the 3.3 ratio): 8,567,906,000 pesetas. The decrease amounts to pesetas 2,270,876,000, due to the payment of the Department the rest of the amount of the grants and investments.
The amount of these resources has been set with data from the General Budget of the State for 1983.
National Institute of Student Assistance and Promotion Budget:
H. 7. The actual cost, which rises to 520,796,000 pesetas, is collected in the report 3.1.
H. 8. The financial resources intended to cover the costs incurred in the performance of the services carried over during the 1983 financial year shall include
following allocations:-Budget allocations for cash cost coverage (its detail appears in the ratio 3.2): 657,597,000 pesetas.
The effective discharge in 1983 amounts to 274,036,000 pesetas, due to the Agency's payment during the present year the payroll of the staff and the other operating expenses.
-Grants to families and institutions and advances (their detail is reflected in the ratio 3.3): 7.150,000 pesetas. The effective discharge amounts to 791,000 pesetas, to be paid by the Agency for the rest of the amount of the grants and advances.
The amount of these resources has been set with data from the General Budget of the State for 1983.
Building Board Budget, Facilities and School Equipment:
H. 9. The cash cost, which is raised to 1.791.862,000 pesetas, is collected in relation 3.1.
H. 10. The financial resources intended to cover the costs incurred in the performance of the services carried over during the 1983 financial year shall include
following allocations:-Budget allocations for cash cost coverage (its detail appears in the ratio 3.2.): 2,526,704,000 pesetas.
The low effective in 1983 amounts to 3,616,000 pesetas, due to the Agency's payment during the present year the payroll and other operating expenses, as well as the grants.
-Investments (its detail is reflected in ratio 3.3): pesetas 3.856.500,000.
There is no effective discharge in 1983 for the Agency's payment of investments.
The amount of these resources has been set with data from the General Budget of the State for 1983.
Professional Training Promotion Board Budget:
H. 11. The effective cost, which is raised to 398,413,000 pesetas, is included in the ratio 3.1.
H. 12. The financial resources intended to cover the costs incurred in the performance of the services carried over during the 1983 financial year shall include
following allocations:-Budget allocations for cash cost coverage (its detail appears in the ratio 3.2): 435,365,000 pesetas.
The effective decrease in 1983 amounts to 46,430,000 pesetas, due to the Agency's payment during the current year of the payroll and the other operating expenses.
-Grants to families and institutions (its detail appears in the 3.3 ratio): 1.259.670,000 pesetas.
The effective discharge amounts to 372,140,000 pesetas, to be paid by the Agency during the present year the rest of the amount of the grants.
The amount of these resources has been set with data from the General Budget of the State for 1983.
National Institute of Special Education Budget:
H. 13. The cash cost, which rises to 171,418,000 pesetas, is collected in relation 3.1.
H. 14. The financial resources intended to cover the expenditure incurred in the performance of the services which are carried out during the financial year 1983 shall be the following:
-Budget allocations for cash cost coverage (its detail appears in ratio 3.2): 199.048,000 pesetas.
The effective decrease in 1983 amounts to 34,666,000 pesetas, due to the Agency's payment during this year's staff payroll and other operating expenses.
-Grants to families and institutions (its detail appears in relation 3.3): 265,426,000 pesetas.
The effective discharge amounts to 99,331,000 pesetas, due to the Agency's payment in 1983 of the rest of the grants.
The amount of these resources has been set with data from the General Budget of the State for 1983.
I) Documentation and records of the services being transferred.
The delivery of documentation and axpedias of the services transferred will be carried out within one month from the entry into force of the Royal Decree through which the transfer of the functions and services of the State administration to the Valencian Community.
J) Effective date of the transfer.
The transfer of powers and the transfer of resources covered by this agreement will be effective from 1 July 1983.
And for the record, this certification is issued in Madrid on June 27, 1983. The Secretaries of the Joint Committee, G. P. de D. and M. B. B. P.
* The inclusion of this relationship is omitted.
