Bs. As., 4/11/98
VISTO the Bill registered under No. 25.030, sanctioned by the HONORABLE CONGRESS OF NATION on 14 October 1998 and
That the aforementioned project establishes as the responsibility of the MINISTERY OF CULTURE AND EDUCATION, the elevation as of 30 April of each year of a report or annual memory, corresponding to the previous immediate management period, for consideration of the Education Commissions of both Houses of the HONORABLE CONGRESS OF NATION.
That the sanctioned law is, in general terms, an important contribution to the institutional consolidation of the unity of the education system, by standardizing the information that the NATIONAL EXECUTIVE PODER should provide to the HONORABLE CONGRESS of the NATION, giving greater transparency to the monitoring of public policies.
Without prejudice to the expressed, the sanctioned text contains some partial aspects that are not compatible with the structure of the system created by the existing substantive legislation.
According to what is stated, when the law requires reporting on the enforcement of compulsory school, it does not repair that this is not intended for polymodal education or special regimes, according to the Federal Education Act No. 24.195 provides for the initial education Csala of CINCO (5) years and basic general education (EGB).
That when the project in analysis mentions educational autonomy as an aspect to be informed, it does not recognize that it is a specific attribute of institutional management and not of the levels of the system, and its ambiguity prevents data from approaching, because it does not differentiate between autonomy of jurisdictional systems or institutional autonomy.
Regarding the transformation of the functional plants of the services, the MINISTERY OF CULTURE And EDUCATION may not have such information, given that it is an exclusive and exclusive attribute of the respective educational jurisdictions.
That the requirement to incorporate into memory, information that makes the articulation between different jurisdictional educational systems, does not take into account the validity of the Federal Law on Education and the resolutions adopted within the FEDERAL COUNCIL of CULTURA And EDUCATION, driven to ensure the unity of the system and monitoring of progress in each case.
That the MINISTERY OF CULTURE And EDUCATION is not competent to report on the articulation of other non-university higher-level institutes, as such joint is to be carried out in accordance with article 8 (b) and (c) and article 22, both of the Higher Education Act No. 24.521.
That, under the same article 3, the requirement to report on new forms of practical training contracts, internships and apprenticeships does not conform to the specific terminology contained in the Federal Education Act, nor does it consider the agreements of the FEDERAL CULTURE COUNCIL AND EDUCATION RELATING TO TECHNICAL-Professional Trajects; it is outside the modalities provided for in the aforementioned norm, and collides with the competencies of the MINISTERY OF WORK and SECURITY SOCIAL AND THE so-called National Employment Act No. 24.013 and its amendments.
That by the grounds set forth, it is appropriate to observe partly article 3 of the Bill registered under No. 25.030.
That this measure does not alter the spirit or unity of the project sanctioned by the HONORABLE CONGRESS OF NATION.
That the NATIONAL EXECUTIVE POWER is entitled to dictate this decree by virtue of article 80 of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION IN GENERAL AGREEMENT OF MINISTERS
RIGHT:Article 1 , Note, in article 3 (a), (b) and (l) of the Draft Law registered under No. 25.030, the following aspects:
" Compliance with compulsory schooling.
Transformation of the functional plants of the services.
Articulation between different jurisdictional educational systems.
Articulation with other higher-level institutes.
Nueva New forms of practical training contracts, internships and learning."Art. 2° . With the salvedades set out in the preceding article, please fill in, promute and tengase by the National Law the Bill registered under No. 25.030. Art. 3rd . Note the HONORABLE CONGRESS OF NATION. Art. 4° . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Jorge A. Rodriguez. Susana B. Decibe. . Raúl E. Granillo Ocampo. . Jorge Domínguez. . Roque B. Fernández. . Alberto J. Mazza. . Carlos V. Corach. Guido Di Tella.