Public consultation on the organization of schools and the status of the pupil

The Ministry of Education launched two projects in public consultation - the Regulation on the organization and operation of pre-university education units (ROFUIP) and the Student Statute. Regarding the Regulation on the organization and operation of pre-university education units, the main regulations/modifications aim to continue the digitization process and capitalize on the opportunities offered by digital tools by maintaining the possibility of suspending courses with physical presence in exceptional situations, with the clear introduction of the provision according to which, in these situations, the activity can be carried out in online or hybrid format. At the same time, the possibility is introduced that the meetings of the board of directors/teachers' council can take place in a hybrid or online format, without conditioning on the existence of exceptional situations. According to a provision, in the director's positions left vacant, the management is provided by a teaching staff appointed by the decision of the general school inspector after consulting the teacher's council of the educational unit. The ban is introduced for teaching staff in pre-university education to carry out additional training activities for a fee with students from the classes to which they are assigned. "Pre-university education units and extracurricular education units will publish on their websites and through any other form of public communication that they have the fire safety authorization, as well as the sanitary operation authorization or, if these authorizations are not held by the school, will inform in this regard", the ministry's proposal states.

The project provides for the improvement of access to education by introducing the provision by which pre-university education units have the obligation to enroll people who do not have a personal numerical code. The draft ROFUIP contains, as an annex, the methodological rules for the registration of people who do not have a personal numerical code, the introduction of the provision whereby, at the request of the parent of the student who has not been enrolled in the Romanian education system in the last two years, the school inspectorate organizes groups of accommodation, whose objective is to support the student in acquiring an appropriate level of Romanian language and in recovering gaps of any kind, as well as in integration into the national pre-university education system, through extracurricular activities.

In the Student Statute, the main regulations or changes aim to maintain the ban on the use of mobile phones or other electronic communication equipment by students during class hours, except for their use for educational purposes, with the consent of the teaching staff. The draft statute includes maintaining the provision according to which the use of absence as a means of coercion is prohibited. Sanctions are also introduced such as individual observation, written reprimand, temporary withdrawal or for the duration of the entire school year of the student's scholarships, disciplinary transfer to a parallel class in the same educational unit, suspension of the student for a limited period of time, according to of the law, notice of expulsion, expulsion with the right to re-enroll in the following school year in the same educational unit, expulsion with the right to re-enroll in the following school year in another educational unit, expulsion without the right to re-enroll for post-secondary education students.

The Ministry of Education has submitted for public consultation a draft order for the approval of the framework regulation regarding the organization and functioning of university ethics commissions. The order stipulates that the mandate of the ethics commissions is four years, they function "independently" of any other structure or person within the higher education institution. "The rector of the higher education institution approves by decision the composition of the commission based on the proposal of the Board of Administration and the opinion given by the University Senate. The members of the commission are persons with professional prestige. The number of commission members is decided in each higher education institution, taking into account only the fact that, of the established number, a maximum of 75% are teaching and research staff and a minimum of 25% are students", the draft states. According to him, persons holding the position of rector, president of the Senate, vice-rector, dean, vice-dean, general administrative director, deputy general administrative director, department director, branch director, extension director, cannot be part of the university ethics commissions. as well as the director of the research-development, design or micro-production unit in the higher education institution or persons who have violated the norms of university ethics and deontology. It is proposed that the student representatives in the commissions be elected by the students who are part of the Senate of the higher education institution. Students are to have at least one representative in the commissions. According to the document, the commissions check the violations of the rules of university ethics and deontology provided by the legal provisions in force and by the own regulations of the higher education institutions. Also, the commissions urgently notify the management of the higher education institution regarding the referrals that are the subject of the criminal law and make available to it all the information they have regarding the respective referrals. "Any person can notify the university ethics committee of the higher education institution regarding the commission of an act that may constitute a deviation from university ethics and deontology. The notification is made in writing or online and is registered at the registry of the educational institution. All notifications received of the commission are registered, regardless of whether they are admissible or inadmissible", the draft also provides. Any referral received by the commission is subject to an "admissibility" check. The commissions pronounce within 45 calendar days from the receipt of the notification, through a reasoned decision based on a report, which is communicated to the investigated person and the person who formulated the notification. The term of 45 days is not a term of forfeiture of the right to analyze the referral, it is mentioned in the draft. "It is forbidden to express, in the university space or outside it, any opinion regarding the guilt of the person under investigation, prior to the final resolution establishing the existence of the misconduct. Complaints regarding plagiarism are analyzed in relation to the legal conditions in force at the time of writing the thesis of doctorate which was the basis for the issuing and awarding of the doctorate title, respectively the doctorate diploma", the project stipulates. The decisions of the commissions are published on the website of the higher education institution, in compliance with the legislation on personal data. Appeals to admission or rejection decisions can be made within 30 days of communication and can be submitted, depending on the object, to the National Ethics Commission of University Management; National Commission for Attestation of University Titles, Diplomas and Certificates; National Ethics Council of Scientific Research, Technological Development and Innovation. The framework regulation is to apply starting from the academic year 2024 - 2025.