Question 9236 — secondary education

Summary

Local public educational establishments are administered by a board of directors and directed by a head of establishment. Article L. 421-4 of the Education Code provides that “the board of directors regulates the affairs of the establishment through its deliberations” and defines the “principles of implementing pedagogical and educational autonomy” relating in particular to the use of allocations in teaching hours. At this In this respect, article R. 421-9 of the same code specifies that the head of the establishment “prepares the work of the board of directors” and, concerning the allocation of teaching hours, “submits to it the measures to be taken”, namely a proposal for the use of this allocation. Consequently, throughout the procedure for examining the proposal for the use of teaching hours, the board of directors has the right amendment. It is therefore open to him to develop the project submitted to him. The head of the establishment does not have the power to refuse the amendments which are proposed and possibly adopted by the board of directors. In the event that the proposal relating to the use of hours allocations is rejected by the board of directors, a new proposal is submitted to it. The second vote of the council must take place in a period of ten days following its first vote. In the event of rejection of this second proposal, the head of establishment as representative of the State stops the use of the allocations in hours. If a majority of the board of directors decides in favor of a project relating to the use of hours allocations which has been the subject of amendments, it is adopted provided that it complies with the regulatory timetables. Indeed, if the middle schools, high schools and special education establishments have pedagogical and educational autonomy, which is exercised in compliance with the legislative and regulatory provisions in force and the pedagogical and educational objectives set by the Minister of National Education and the academic authorities.

Machine translation from French. The official text remains authoritative.

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