A Guide to Future Agreements between Departments or Territories on the one hand and Colleges or High Schools (EPLE) on the other (after the 3DS Act)
Within the 3DS law (Law 2022-217 of the 3DS of February 21, 2022), there was an important article 145, which applies to the relationship between regions and departments on the one hand, and colleges and high schools (EPLE) on the other. .
Even before this law, the contracts of article L. 421-23 of the Education Code (bilateral EPLE/community but with the structure model set by the state) must allow the community to address “directly to the head of the institution”. He “knows the objectives set by the local authorities and the means of assigning the latter organizations to these objectives. »
So a new step was taken with this Article 145 of the 3DS Act which, in the absence of giving real authority to the communities over the agents… provides instructions which “may be given to the Deputy Head of the Agency in charge of the Institution. Function Material, Financial and Administrative Management”. , with an authority limited to an “executive power” (no hierarchical power, no appointment, no authorization)…
It is up to the actors of the Convention to think of inserting efficient formulations in compliance with the law, so that things go well and this new regime is not too familiar in the days and directives.
However, in this regard, representatives of the ADF, ARF and the Ministry have finally agreed on the following 17-page guidelines:
https://regions-france.org/wp-content/uploads/2022/07/2022_Adjoints-Gestionnaires-EPLE_Guide-SG_ok.pdf
Also see if the link above becomes inactive:
Compliments (reposting an article and reposting our video on the subject)
This blog continues to dissect the thousands and one provisions of this massive 3DS Act (February 21, 2022 3DS Act 2022-217) bit by bit.
For a very quick and comprehensive overview, see:
Let us now address the thin educational component of the Act (ss. 144 and 145), a source of great frustration in the Senate, which wanted to go much further.
First, the Senate wanted to transfer medicine departments to schools.
On this point, the agreement included postponing debate to a later date, with a report, to be submitted to Parliament by the government within 6 months… dealing with points that the government should not assist in office. 6 months, whatever it is, to skip the good questions to ask:
“Within six months of the promulgation of this Act, the Government shall submit a report to Parliament outlining the possibility of transferring school medicine to departments, its costs, planned procedures for recruiting and managing staff and expected improvements in procedures. Various activities performed within the framework of school medicine. In the absence of such a shift, this report suggests ways to strengthen school health policy and, in particular, to strengthen the attractiveness of businesses that contribute to this policy. It may be the subject of debate in public sessions in each of the two assemblies.
Another report is provided by Article 146:
“Within two months of the promulgation of this law, the government will submit a report to Parliament evaluating the conditions for representatives in the regions of the operational management of the European program for the distribution of fruit and vegetables and milk in schools. This report evaluates the advisability of organizing a test in the voluntary region. »
Section 145 of the Act has slightly more consistent content:
“With the exception of the establishments mentioned in Article L. 811-8 of the Rural and Marine Fishing Code, in order to ensure better coordination between the heads of secondary education institutions and the local authorities to which these institutions are attached, the agreement in Article L. 421-23 of the Education Code For the conditions mentioned, the executive body of the local authority exercises, under the powers entrusted with the supply of food, general maintenance and the maintenance of infrastructure and equipment, an executive authority of the material, financial and administrative management in compliance with the autonomy of the institution defined in l article L. 421-4 of the same code. On the Deputy Head of the Institution in charge of the functions.
The Senate wanted the administrative staff of the EPLE to be transferred either to departments or regions. Staff are now limited to “deputy heads of institutions responsible for material, financial and administrative management functions” and this is only for those skills that fall within the department or region (or even the metropolis). “In terms of restoration, general maintenance and Maintenance of infrastructure and equipment”… and it is through contract.
To date, the agreements in Article L. 421-23 of the Education Code (bilateral EPLE/community but with a structure model set by the state) must require the community to ” Directly to the Headmaster” And make him Know the objectives set by the local authority and the resources allocated to the establishment for this purpose. »
A new step is taken with instructions that can be given ” Deputy Head of Organization in charge of material, financial and administrative management functions”. But like sharing articles L. 5211-4-1, II or L. 5211-4-2 of the CGCT, it will be limited to a functional capacity, i.e. the transmission of instructions (which cannot be denied by the EPLE but which can ) will be executed with more or less effort)… no hierarchical powers, no appointments, no approvals…
It is up to the actors of the Convention to think of inserting efficient formulations in compliance with the law, so that things go well and this new regime is not too familiar in the days and directives.
Note: A decree is not required in this regard, but unless the contracts are terminated or modified, it does not apply…
The organization is assisted by chief stewardship and administrative services; He supervises and organizes the work of technicians, workers and service personnel assigned under his authority. It ensures the management of half-board services in accordance with the operating procedures and objectives set out in supply of agricultural produce and foodstuff as defined by the competent authority. A decree stipulates school catering pricing conditions and their changes according to costs, methods of food preparation and services provided.
An agreement is executed between the institutions and, as the case may be, the Divisional Council or the Regional Council specifying the manner of exercising their respective powers. It includes an element related to school catering, aimed specifically at meeting the objectives set out in Article L. 230-5-1 of the Rural and Marine Fisheries Code.
Note the rather baroque character of the final result:
Should we see a fighter for decentralization of liberty in the Senate, a centralizing council against a government? no Nothing is that simple.
Various reforms, especially in the Blanca law followed by various regimes in the context of DYS disorders, then during the struggle against the Covid-19 pandemic, aimed at reviving school medicine, which has long been badly abused. The concept was created in this way, to say something that only departments would be able to work in a concrete way in this field…. And not to undermine the revival of the aforementioned school of medicine for others, the revival itself is much disputed as to its reality and its extent.
Departments or regions, or even metropolises, are the real actors and paymasters alike for the managers of the EPL. The demands of these communities are logical in this light. But at the same time, the ministry is working to reduce the burden on governance and school leaders on the one hand and EPLEs on the other. Layoffs will not contribute to this.
So the debates are not easy and the views of the actors in the field are not always clear. More EPLE management without fully decentralization. But we are not ready for that.
Which raises the debate as to whether we really need to be the only mill-fuel (or lasagna) country with so many levels of public management… with a fraction of the educational qualification at each level of said mill-fuel. The 3DS Act again trips over this specification without solving anything.
Also watch this video on the same topic (duration 5 min 33):
https://youtu.be/DJBC813YhyY
