mun.Cahul, Piața Independenței, nr.6 ,
e-mail:dgitsh@gmail.com

APPROVED
by Decision of the Cahul District Council
No. 05/04-IV of December 22, 2015

REGULATION
on the organization and functioning of the Cahul General Directorate of Education

I. GENERAL PROVISIONS

Scope of the Regulation

1. The Regulation on the organization and functioning of the Cahul General Directorate of Education (hereinafter referred to as "this Regulation") governs the mission, core functions, responsibilities, and rights of the Cahul General Directorate of Education (hereinafter referred to as "the General Directorate"), as well as the manner in which it is organized and operates.

Legal Status of the Cahul General Directorate of Education

2. The Cahul General Directorate of Education is a subdivision of the Cahul District Council, which fulfills the mission, functions, and responsibilities established by this Regulation.

3. The General Directorate is established by the Cahul District Council as a general directorate in the field of education, in accordance with the Rules on the establishment of structural subdivisions of public authorities, approved by Government Decision No. 1001 of December 26, 2011.

4. The General Directorate is a legal entity, has a treasury account, a stamp bearing the image of the State Coat of Arms and its name, other stamps and letterheads in the prescribed format.

Legal Framework of the General Directorate’s Activity

5. The General Directorate is organized and operates based on the Constitution of the Republic of Moldova, the Education Code of the Republic of Moldova No. 152 of July 17, 2014, Law No. 436-XVI of December 28, 2006 on local public administration, Law No. 435-XVI of December 28, 2006 on administrative decentralization, other legislative acts, ordinances, decisions and provisions of the Government, orders and directives of the Ministry of Education, decisions of the Cahul District Council, other normative acts in the field, as well as on the basis of this Regulation.

6. The General Directorate organizes its activity based on the principles of transparency in the decision-making process and personal accountability of the managers for the decisions adopted within the limits of their competence.

II. MISSION, CORE FUNCTIONS, RESPONSIBILITIES, AND RIGHTS OF THE LOCAL SPECIALIZED AUTHORITY

Mission of the General Directorate

7. The mission of the General Directorate consists of:

1. designing, organizing, coordinating, evaluating, and monitoring the functioning of the educational system in public institutions of pre-school education (nursery, community early education center), public institutions of preschool education (kindergarten, community early education center), public extracurricular institutions at the local and district level (except for those under the competence of other subdivisions of local public authorities), public institutions of primary, gymnasial, secondary, and special education (at the district level), as well as private institutions of the same types (hereinafter referred to as "educational institutions in the Cahul district"), from the perspective of implementing state policy in the field of education;

2. developing and implementing local educational policies specific to the administrative-territorial unit;

3. managing public institutions of primary, gymnasial, secondary, special, and extracurricular education at the district level.

Core Functions of the General Directorate

8. The General Directorate has the following core functions:

1. ensuring the supervision of compliance with legislation and other normative acts in the field of education within institutions in the Cahul district;

2. implementing state educational policies within institutions in the Cahul district;

3. strategic and operational planning for the development and functioning of education within institutions in the Cahul district;

4. managing subordinate educational institutions based on special transfers from the state budget to local budgets;

5. monitoring and evaluating education in institutions in the Cahul district;

6. ensuring and monitoring access to education for children and youth, the quality of educational services offered by educational institutions in the Cahul district, and adopting measures for their improvement;

7. providing guidance and methodological support for the educational process within institutions in the Cahul district;

8. collaborating with other subdivisions of local public administration, the Ministry of Education, and civil society to fulfill the mission of the General Directorate and implement educational policies.

Responsibilities of the General Directorate

9. The General Directorate has the following responsibilities:

1. implements state policy in the field of education within institutions in the Cahul district;

2. ensures and monitors the execution of legislation in the field of education within educational institutions in the Cahul district;

3. determines priority directions and develops local policies for the organization, functioning, and development of education;

4. ensures the alignment of the development strategies of educational institutions with the strategy for the development of education at the district level and with strategies approved at the national level;

5. develops partnerships together with local public authorities and the Ministry of Education, ensuring collaboration among subordinate educational institutions;

6. plans and approves the network of educational institutions, defines the school district boundaries for subordinate institutions according to the possibilities, needs, and development prospects of the localities, ensuring its effective functioning based on efficiency, effectiveness, and performance indicators;

7. proposes to the District Council the establishment/reorganization/liquidation of public educational institutions at the primary, gymnasial, secondary, and extracurricular levels (at the district level), as well as special education institutions (at the district level), under conditions established by law;

8. provides educational and methodological support to educational institutions in the Cahul district;

9. coordinates and monitors the quality of management, teaching, and teaching-methodological activity within educational institutions in the Cahul district;

10. temporarily suspends, in exceptional cases (natural disasters, epidemics, and other situations that endanger the life and health of children), the activity of educational institutions in the Cahul district;

11. participates, in accordance with the normative framework, in the evaluation of the activity and certification of teaching and management staff in educational institutions in the Cahul district;

12. coordinates the continuous professional development of teaching and management staff in educational institutions in the Cahul district; studies, generalizes, and promotes advanced pedagogical experience;

13. coordinates the evaluation of academic results and the organization of final exams at educational levels and school competitions (olympiads);

14. ensures school inclusion for children with special educational needs, as well as the management of the inclusion fund;

15. ensures the transportation of students to district schools;

16. coordinates the application of the textbook rental scheme in subordinate institutions;

17. ensures the organization of summer vacations for children;

18. ensures, from an administrative perspective, the functioning of psychopedagogical assistance services;

19. ensures the training/information of school directors and coordinators regarding institutional organization procedures and intervention procedures in cases of abuse, neglect, exploitation, or child trafficking;

20. establishes multidisciplinary collaboration relationships with subdivisions in the fields of social protection, family and child welfare, health, police, labor inspections, etc., to examine cases of child abuse and neglect;

21. monitors activities for the prevention, identification, reporting, and assistance of child abuse cases and submits quarterly reports to the Ministry of Education;

22. manages the educational database for the Cahul district;

23. collaborates with local public authorities to create optimal conditions for institutionalizing children aged 5-6 (7) years and ensuring compulsory education for children up to 16 years of age;

24. analyzes and forecasts the economic and financial indicators of education in the district and jointly with the General Finance Directorate manages the district's education budget;

25. ensures the development and reporting of educational program budgets in accordance with established requirements, including: formulating goals, objectives of subprograms, and identifying the list of performance indicators associated with them;

26. after internal consultations, finalizes and presents the budget proposals of educational institutions;

27. after the approval of the annual budget decision, ensures the distribution of the budget and sets the final performance indicators for subordinate institutions;

28. prepares performance reports, which, together with financial reports, are presented to the General Finance Directorate for integration into consolidated reports, as required by the Ministry of Finance;

29. conducts procurement procedures for the General Directorate and related units;

30. manages, according to the applicable normative acts, the assets in use;

31. establishes investment policy priorities, coordinates the implementation of infrastructure development programs for subordinate educational institutions, ensures the continuous development and functionality of the technical-material base of subordinate institutions, and monitors resource utilization efficiency;

32. proposes, in coordination with the General Finance Directorate, the allocation of the district component and jointly monitors the execution of budgets by public educational institutions;

33. initiates and proposes for approval and implementation programs/projects for school equipment and development;

34. develops forecasts regarding the need for teaching staff, approves the staffing schemes for educational institutions in the Cahul district;

35. hires, based on competition results, and dismisses, in accordance with the law, directors of subordinate public educational institutions;

36. participates, according to the regulations approved by the Ministry of Education, in the competition for the position of director in public institutions of pre-school education (nursery, community early education center), public pre-school education institutions (kindergarten, community early education center), and public extracurricular institutions (at the local level);

37. organizes and conducts, according to the regulations approved by the Ministry of Education, the competition for the position of director in public institutions under its authority;

38. participates, in accordance with the applicable normative framework, in the recruitment and selection process of teaching staff;

39. exercises other responsibilities in accordance with applicable legislation.

Rights of the General Directorate

10. The General Directorate is endowed with the following rights:

1. to initiate and submit proposals to the Ministry of Education and the Cahul District Council for the improvement of the normative framework in its areas of competence, proposals for enhancing educational management, curriculum approaches, and teaching provision;

2. to address local public authorities with proposals for improving the network of educational institutions, the use of human, financial, and material resources in the system;

3. to request, in accordance with the applicable normative framework, statistical data and information from other local authorities, organizations, and institutions regarding issues within its area of competence;

4. to propose to the councils of the first-level administrative-territorial units the establishment/reorganization/liquidation of public institutions of pre-school education (nursery, community early education center), public pre-school education institutions (kindergarten, community early education center), and public extracurricular institutions (at the local level);

5. to establish councils, committees, expert groups, and other consultative bodies for carrying out its responsibilities in its area of competence;

6. to conduct documentary studies in educational institutions in the Cahul district;

7. to establish and develop partnerships, within the available competences, to solve problems in the field and improve the education system in the Cahul district;

8. to award diplomas, distinctions, and other awards based on professional performance; to propose, in accordance with the law, the awarding of state distinctions.

III. ORGANIZATION OF THE GENERAL DIRECTORATE ACTIVITIES

Leadership Structures of the General Directorate 11. The leadership structures of the General Directorate consist of the Board of Administration, the Consultative Council, and the Head of the General Directorate. 12. The nominal composition and activity regulations of the Board of Administration are approved by the order of the Head of the General Directorate. 13. The Board of Administration exercises the following duties:

1. Analyzes the work of the subdivisions of the General Directorate and takes measures to optimize it;

2. Supervises the distribution and use of financial and material resources, as well as the execution of the budget;

3. Approves plans for providing educational institutions with teaching and administrative staff;

4. Analyzes the activity of the preparation, improvement, and certification of teaching staff and takes measures to improve it;

5. Addresses the social issues of young specialists in the educational system and takes measures to resolve them in accordance with the current legislation;

6. Analyzes the effectiveness of the educational process in educational institutions in the Cahul district.

14. The Board of Administration operates based on its annual plan, which includes its main objectives, tasks, and the timeline for their completion.

15. The Board of Administration meets monthly. If necessary, the Board may be convened as needed. The meetings' proceedings and decisions are recorded in the minutes book of the Board of Administration, which is permanently kept in the General Directorate. The minutes are signed by the President and the Secretary of the Board of Administration.

16. The nominal composition and activity regulations of the Consultative Council are approved by the Cahul District Council decision. The mandate of the Consultative Council is 4 years and coincides with the term of the Head of the General Directorate.

17. The Head of the General Directorate is appointed through a competition, in the manner established by the Ministry of Education, and is appointed for a 4-year term by the Cahul District Council decision. The same person can hold the position of Head of the General Directorate for no more than two consecutive terms.

18. The Head of the General Directorate is responsible for the entire activity of the General Directorate, ensuring in the Cahul district:

1. The implementation of state policy in the field of education;

2. The application of the provisions of the Education Code of the Republic of Moldova, as well as all normative acts regulating relationships in the education sector;

3. The fulfillment of decisions and orders of the Ministry of Education and the Cahul District Council, the decisions of the Consultative Council, and the Board of Administration of the General Directorate.

19. The Head of the General Directorate has the following functional duties:

1. Ensures the implementation of the legislation, decisions, and orders of the Ministry of Education and the Cahul District Council related to education;

2. Determines the priority directions and coordinates the development of local policies for organizing, functioning, and developing education;

3. Represents the General Directorate in relations with central and local institutions, organizations, other legal entities, the business environment, civil society, and individuals;

4. Organizes the activity of the General Directorate and establishes the duties of the staff within the institution, in accordance with the provisions of internal acts and other applicable normative acts;

5. Approves the regulations of the subdivisions of the General Directorate and other normative acts;

6. Approves the staffing of the General Directorate, as well as changes to it, determined by the need for more efficient management of the General Directorate's activities, within the limits of the salary fund and the structure and staff approved by the Cahul District Council;

7. Appoints public servants, modifies, suspends, and terminates service relationships with public servants according to the law, hires and dismisses the contractual staff of the General Directorate; hires, through competition, and dismisses, in the manner established by law, the directors of public educational institutions subordinated to it, the permanent administration of district school camps, and other units connected to the General Directorate;

8. Ensures the implementation of the evaluation procedure for the performance of the General Directorate’s staff and determines, based on pre-established criteria, measures for rewarding or sanctioning employees, in accordance with the applicable legislation;

9. Approves the granting of leave for the directors of public early education institutions (nurseries, early education community centers), directors of public preschool education institutions (kindergartens, early education community centers), and directors of public extracurricular institutions (at the local level);

10. Analyzes the results of the control and guidance activity conducted by the General Directorate’s employees, setting measures to enhance the management of the education system in Cahul district;

11. Ensures and monitors the professional development of the General Directorate’s staff;

12. Issues orders and instructions related to the core activity of the General Directorate and supervises their implementation; in certain cases, issues orders jointly with the heads of other public administration bodies;

13. In exceptional cases (natural disasters and epidemics), issues instructions to temporarily suspend the activity of educational institutions in the respective administrative-territorial unit and immediately informs the Ministry of Education and the relevant authorities of the administrative-territorial unit about the situation and the measures taken;

14. Chairs meetings and ensures the implementation of the decisions of the Board of Administration and the Consultative Council;

15. Presents to the District Council the proposals of the General Directorate regarding the optimization of the network of subordinated general education institutions;

16. Ensures the analysis of the effectiveness of the network of subordinated general education institutions, based on economic performance and efficiency indicators;

17. Ensures the transportation of students to the district’s educational institutions;

18. Coordinates the forecasting of economic and financial indicators for education in the district and jointly with the General Directorate of Finance manages the budget of the respective administrative-territorial unit for education;

19. Proposes the priorities of the investment policy, coordinates the implementation of infrastructure development programs for subordinated public educational institutions, and monitors the effective use of resources;

20. Manages, in accordance with applicable normative acts, public property in use; coordinates procurements for the General Directorate and related units;

21. Presents the Ministry of Education and the Cahul District Council with annual reports on the activity of educational institutions in the district and makes them publicly available on the official website of the General Directorate;

22. Exercises other duties in accordance with the applicable legislation.

20. The orders and instructions issued by the Head of the General Directorate are binding for all educational institutions in the Cahul district, regardless of ownership type.

21. The Head of the General Directorate is assisted by a deputy head, who is appointed and dismissed by the order of the Head of the General Directorate. The appointment is made through a competition, organized and carried out in accordance with the applicable legislation.

22. In the case of a justified temporary absence, the duties of the Head of the General Directorate are performed by the deputy head or, as the case may be, another employee of the General Directorate, designated by the Head’s order.

General Directorate Staff

23. The staff of the General Directorate consists of public servants and contractual personnel. The service relationships of public servants are regulated by the provisions of Law No. 158-XVI of July 4, 2008, regarding public office and the status of public servants, while those of contractual personnel are regulated by the Labor Code of the Republic of Moldova No. 154-XV of March 28, 2009.

Structure of the General Directorate

24. The structure and staffing of the General Directorate are approved by the decision of the Cahul District Council, in accordance with the standard structure approved by the Government.

25. Each structural subdivision of the General Directorate operates based on a regulation approved by the Head of the General Directorate.

Correspondence of the General Directorate

26. The Head of the General Directorate has the right to sign all documents of the local specialized body.

27. In the absence of the Head, the right to sign belongs to the Deputy Head or other persons, based on the Head’s order or with a special authorization.

28. Persons vested with the right to sign are personally responsible for the legality, truthfulness, and accuracy of the signed document.

Activity within Commissions and Working Groups

29. For the development of specific projects or for exercising special functions, the General Directorate, as the specialized body of local public administration, organizes and monitors the activity of councils, committees, and working groups established at the local level in the field of education.

IV. SPECIAL PROVISIONS

30. The financing of the activity of the General Directorate is carried out from the district budget, in accordance with the legislation.

31. The coordination of the General Directorate's activity and the functioning of the specialized structures under its subordination are carried out based on the normative acts of establishment and its own organization and functioning regulations.