к Конвенции Совета Европы
от 21.05.1980 No. 106
2.14 Model agreement
on the institution of a transfrontier school curriculum
The purpose of this highly original model agreement is to institute intensive co-operation between the school authorities on each side of a frontier, in order to set up, with the assistance of the territorial communities or authorities, transfrontier classes in which children originating from either side of the frontier attend school together. These classes will take place at the existing schools, without any new school being created, through a simple redistribution of resources and an exchange of staff. The local communities and authorities will participate directly in this form of co-operation as a driving force, contributing additional assistance (for instance, funding for school transport or specific indemnities), and as a partner in the intercultural and bilingual approach to teaching programmes.
This type of agreement will therefore be concluded between school authorities and the competent local authorities on each side of a frontier.
Article 1
The purpose of this agreement is to define the conditions for the operation of a school curriculum common to children and pupils from area X (on one side of the frontier) and from area Y (on the other side of the frontier).
(Optional stipulation: It shall come within the context of the co-operation agreement concluded between state X and state Y, for the purpose of promoting transfrontier school exchanges as an extension to the co-operation agreement between local communities A and B.)
The objective is to enable the children concerned to become highly proficient in the language and culture of each country concerned, and to acquire academic knowledge specific to each country"s education system, so as to be able to study in each of these education systems without any major difficulty.
To this end, children from the two frontier areas participating in the curriculum shall attend school together and receive the same education, provided partly on one side of the frontier and partly on the other side by teachers from the two school authorities concerned.
The school authorities and the local communities shall undertake to facilitate the development of this curriculum, according to their powers and resources.
Article 2
Children following the transfrontier curriculum shall, from an administrative point of view, be enrolled as pupils of each country"s respective school systems and shall be authorised to receive only part of the teaching provided in each country.
Article 3
A committee composed of representatives of the school authorities of the two states and of the local communities concerned, as well as representatives of pupils" parents and, possibly, qualified individuals, shall manage the curriculum.
Such management shall cover:
- the selection of children authorised to follow the curriculum,
- the stages of development of the curriculum,
- approval of teachers and outside contributors involved in the curriculum,
- definition of the content of the teaching and the other school activities,
- appointment of the persons administratively and educationally responsible for the curriculum,
- co-ordination and harmonisation of the different outside contributors,
- the practical organisation of the curriculum,
- monitorial and assessment,
- arbitration in the event of a dispute.
The committee"s duties shall include selecting, in accordance with the undertakings given in the context of Articles 4 and 5, the school activities for which each authority is to be responsible as well as the premises to be used.
The exact composition of the committee is specified in the appendix hereto. To enable the committee to monitor the above-mentioned aspects, it may set up sub-committees and working groups. It shall adopt rules of procedure defining the conditions of its functioning.
The committee shall take decisions by a 2/3 majority of its members. However, decisions involving the provision of resources additional to those specified in the appendices mentioned in Articles 4 and 5, shall be subject to the agreement of the authority or community required to provide the resources.
The committee"s decisions shall be implemented by a teacher and an administrator in charge, as well as by their deputies, who shall ensure that the curriculum is correctly managed. Their appointments shall be subject to the approval of the school authorities of the two states. They shall jointly draw up an annual progress report.
Article 4
In accordance with the content of the curriculum as defined by the committee provided for in Article 3, each school authority shall be responsible for part of the teaching by implementing its own school curricula and teaching methods and, for that purpose, making teachers, teaching materials and premises available for the transfrontier curriculum.
In the context of this curriculum, teachers from one country may be seconded to the school administration of the other country. In that case, they shall be placed under the authority of the host administration. The secondment agreement shall specify the conditions of defrayal of the related costs.
Each of the school authorities of the two states shall make an equivalent contribution to the development of the curriculum, whatever the number of children from each state.
An appendix hereto shows the scope of the commitments in terms of staff, equipment and premises for each school authority.
Remark: This appendix may provide for the staggered provision of resources, according to the development of the curriculum.
Article 5
The local communities who have signed this agreement undertake to provide material, financial, and, if appropriate, human support for the implementation of the transfrontier curriculum.
An appendix specifies the contributions of each authority.
Remark: This assistance may relate to premises, teaching materials, school transport, accommodation for teachers, financing, secondment of staff, etc.
Article 6
The teachers of the school authorities of the two states and the outside contributors provided by the local authorities concerned shall form a single teaching team, which shall ensure that its contributions are co-ordinated and complementary under the guidance of the representatives appointed by the committee, as specified in Article 3.
Article 7
The curriculum shall be designed so as to guarantee purity between the languages, cultures and educational traditions of the two countries.
School activities and the subjects taught shall be allocated between the two languages. All the pupils following the curriculum shall receive the same tuition, except in the case of specified coaching needed by certain pupils and as well as elective subjects.
The first stages of development are described in the appendices and shall subsequently be specified by the committee provided for in Article 3.
Remark: Children will as a rule join the curriculum at the pre-primary school stage. The first classes to be set up will therefore be nursery classes, with new classes being provided as the children progress to higher levels of the school system. However, depending on local circumstances and, in particular, the presence of older bilingual children, the curriculum could begin at a higher level.
Article 8
Additional para-school and out-of-school activities shall be organised with the assistance of the school authorities, local communities and pupils" parents in order to improve access to the language and culture of the two countries concerned for the pupils following the curriculum and strengthen relations between the children.
Article 9
The school authorities shall, at all levels of teaching, help pupils who have followed the transfrontier curriculum to reform the usual school curriculum of either country if their parents so wish or if they leave the frontier region.
On completion of the pupils" secondary education, the school authorities and the persons in charge of the curriculum shall endeavour to help the pupils prepare for each country"s school-leaving examination.
Article 10
In the event of damage being sustained by pupils or teachers during activities relating to the transfrontier curriculum, the school responsible for the activity during which the damage arose shall compensate the victim while taking action against any liable third party, if appropriate.
Article 11
The appendices hereto specifying the composition of the committee provided for in Article 3, the stages of development of the curriculum and the contributions of the authorities of the signatory communities shall be reviewed annually, no later than three months before the beginning of each school year, in order to take account of the progress of the project.
Article 12
This agreement has been concluded for a six-year period and is renewable tacitly for further three-year periods. It may be terminated by any of the parties subject to one year"s prior notice.


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