Question 10994 — teaching

Summary

Mr. Pierrick Courbon draws the attention of the Minister of National Education to the exercise of democracy in the boards of directors (CA) of local public educational establishments (EPLE) and particularly the possibility of amending a proposal from the head of the establishment. Indeed, several cases arise, notably during the voting phase of the global hourly allocation (DHG). The right of amendment is essential for allow him to exercise his role as an elected official and several opinions from the Council of State, but also from administrative courts, remind us of this. In a college of the Lyon academy, the head of the establishment explicitly refused (this is mentioned in the report of the session) that the representatives of the teaching and education staff propose an amendment on the distribution of the DHG for the vote of the Board of Directors. This is why he asks to specify possible restrictions on debates and the right of amendment in the boards of directors of EPLEs. Thus the rules will be restored and the representatives will be able to assume their role by carrying out the tasks for which they were elected. The Council of State recalled in its opinion 337877 of 03/23/2011 the right of amendment by the CA: "in the event that the proposal of the head of establishment relating to the use of allocations in hours ['] does not receive, if necessary after amendment, a majority of the votes of the board of directors at the end of its first deliberation, [...] Considering, [...] the power to stop the use of allocations in hours in the event of repeated rejection of the proposal by the board of directors, had neither the aim nor the effect of depriving the board of directors of its right to amend the proposals initials; Furthermore, in March 2014 the administrative court of Lille (no. 1202122) recalled that "the power to stop (the distribution of resources by discipline by the head of establishment following two votes against in the CA) has neither the aim nor the effect of depriving the board of directors of its right to amend initial proposals".

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