Modifies The Law Nâ ° 20.248, Subvencia School N Preferentially

Original Language Title: MODIFICA LA LEY Nº 20.248, DE SUBVENCIÓN ESCOLAR PREFERENCIAL

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"(Artículo único.-Introdúcense las siguientes modificaciones en la ley N° 20.248, de subvención escolar preferencial: 1. Efectúanse las siguientes enmiendas en el inciso segundo deel artículo 7°: a) replacements, in the letter d), the phrases"Presented to the Ministry of education and meet a Plan of educational improvement made with the community of the educational establishment, which envisages actions from the first level of education up to eighth basic preschool transition"for the following" : "Submit to the Ministry of education and meet a Plan of educational improvement made with the director of the establishment and the rest of the community, which provides for actions," and add the following final sentence: "The mentioned Plan must be presented together to the Agency for quality of education.".

((b) replace the letter e) with the following: "e) set goals of effectiveness of the academic performance of their students, and in particular of the priority, depending on the degree of compliance with the standards of learning and the degree of compliance with the other quality indicators referred to in article 17 of the law N ° 20.529.".

2 Add the following article 7 bis: "(Artículo 7° bis.-Sin perjuicio de lo establecido en el número 1) (article 34, the Convention of equality of opportunity and educational excellence can be renewed for each educational establishment when they met, copulativamente, the following requirements: to) apply to the Ministry of education, according to the modality that this set through exempt resolution" , the renewal of the agreement. The application shall be submitted, at least 60 days before the expiry of the same.

((b) have yielded all grants and contributions received, pursuant to article 7, letter a).

((c) have spent, at least 70% of the grants and contributions received, according to the provisions of article 6, letter e).

The conventions of equality of opportunity and educational excellence whose renewal is requested shall be carried over by the only Ministry of law, up to a maximum of 12 months, period in which the Ministry of education should check the compliance with the requirements set forth in the preceding paragraph. Also, during this period, establishments will be subject to the obligations and conditions laid down in the original agreement. The Ministry of education, for its part, must continue delivering grants and contributions associated with this law.

In case of renewal of the conventions of equality of opportunity and educational excellence, resources received during the extension mentioned in the foregoing paragraph and those unspent which have formed part of the expired agreement, they will be part and shall be subject to the obligations and conditions which subscribe under renovation.

Not proceed the renewal of agreements of equality of opportunity and educational excellence, either by failure to comply with the requirements set out in subsection first holder have expressly renounced it, must certify compliance with all obligations generated during the validity of the expired agreement, as well as the fact of having destinated all grants and contributions received to the measures included in the Plan of educational improvement. In the event that those resources had not been destined for the designated purpose, they must be restored, without prejudice to any civil, criminal or administrative liability corresponding.

En_relacion_con conventions of equality of opportunity and educational excellence whose renewal was rejected, govern the obligation established in article 7, letter to), and the requirements set out in the preceding paragraph, with regard to all grants and contributions transferred during the term of extension established in the second paragraph of this article shall apply. "."

3 amending article 8 of the following way: to) replace the heading of the first subsection, by following the first and second subparagraphs: "(Artículo 8°.-Para dar cumplimiento a lo dispuesto en la letra d) of the previous article, the holder shall develop a Plan for educational improvement that includes guidelines and actions in each of the areas or dimensions indicated below" giving priority to those where the holder considers that there are most in need of improvement.

The actions referred to in the preceding paragraph are as follows: "."

(b) add, in paragraph 2, then the expression "such as", which follows: "preparation and training of management teams;".

(c) replace the number 4 of the second paragraph by the following: "4. actions in the area of management of resources, such as the definition of a policy of training for teachers in the establishment, intended to strengthen those areas of the curriculum in which students have obtained unsatisfactory educational results;" design and implementation of systems of evaluation of teachers in the subsidized private educational establishments and complementary assessment systems in establishments administered by municipal governments or municipal; incentive to the performance of the equipment managers, teachers and other officials of the settlement, which must be referred to the goals and results stipulated in educational improvement Plan, pursuant to article 47 of Decree with force of law No. 1 of 1996, the Ministry of education, or on the basis of the mechanisms that establish the subsidized private establishments which must be based on transparent and objective; instruments strengthening of the instruments of support to the educational activity, such as school library, computers, Internet, workshops, photocopy and educational materials, including systems. "."

(d) replace, in the final paragraph, the verbal form "it will deliver" by "propose".

(e) add the following final paragraph: "the actions contained in the improvement plans may be modified, exceptionally, when changes in the conditions that were taken into consideration for the formulation of such plans. Such modifications only materialize once fulfilled the obligation of the d) of article 7 of this law. "."

4 Add the following article 8 bis: "article 8 bis.-for the fulfilment of the actions mentioned in the previous article, the holder can hire teachers, assistants of the education to which refers article 2 of law No. 19.464, and personnel to improve the capacities of technical educational establishment and for the preparation, development, monitoring and evaluation of the improvement Plan. In addition, and with the same purpose, you can increase the hiring of the hours of teaching staff, assistants and education officials who work in the educational establishment concerned, as well as increase their wages. The contracts referred to in this subsection is governed by norms of the decree with force of law N ° 1, 1997, of the Ministry of education, of the labour code or the rules of the common law, as appropriate. With the same purpose, can hire people or pedagogical and technical support agencies that are part of the record referred to in article 18, point (d)) of the law N ° 18.956.

In the case of contracts carried out in accordance with the decree with force of law N ° 1, 1997 of the Ministry of education, not govern the limitation established in the first paragraph of article 26 of the aforementioned Decree.

In any case, contracts, increases and increases in time referred to in the preceding subparagraphs must be linked to the actions and specific goals of the improvement Plan and may not exceed 50% of the resources obtained by application of this law, unless one higher percentage is based on the improvement Plan.

May not be contracted under this article persons having the quality of spouse, children, adopted, relatives up to the third degree of consanguinity or second of affinity, both inclusive, with respect to administrators or legal representatives of the legal person who has the quality of holder, except for educational institutions uni, bi and tri teachers and those beneficiaries pursuant to paragraph fourth of article 12 of the Decree of Law N ° 2 of 1998, the Ministry of education. "."

5 replace the value gift box in USE, contained in article 14, by the following: "from 1 ° from level 1 up to 4 ° year transition from education to 4th 5th and 6th year 7 ° and 8 ° year half year of basic basic basic education establishments 1,694 1,1253 0,5687 A: 0,5687 educational autonomous B: emerging educational 0,28435 0,28435 0,56265 0,847 establishments".


6 replace the letter b) number 1. Article 19, by the following: "(b)) a set of goals of educational results for the period covered by the Plan.".

7 amending article 20 of the following way: a. deleted your second paragraph.

"b-Reemplazanse, in the fourth paragraph that happens to be third, the following figures: i." "0.7 USE" by "0,847 USE"
"ii." 0,465 USE "by" 0,56265 USE "iii." "0.235 USE", on the two occasions that appears, by "0,28435 USE".

c replaced their fifth subsection, which happens to be fourth, by the following: "Notwithstanding the above, during the first year of entry into force of the Convention will be delivered to holders of the educational establishments that do not have a plan, one-third of the monthly additional contribution referred to in the preceding subparagraphs, to finance the obligation established in no. 1 of article 19" of the Ministry of education to receive the remaining two thirds once they submit educational improvement Plan, paying this balance retroactively calculated from the month following the Act of approval of the Convention referred to in article 7. "."

d replace the sixth subparagraph, which happens to be fifth, by the following: "the contribution referred to in this article shall be suspended if the Ministry of education, in accordance with the procedure laid down in article 17, verifies that no actions have been made in accordance with the Plan of educational improvement.".

e insert in seventh paragraph, which happens to be sixth, then the word "resolution", the expression "of suspension".

8 replace article 23 with the following: "article 23.-the quality of the education agency will order as educational establishments in recovery to those establishments incorporated in the regime of this Act who obtain educational results repeatedly students deficient." Means that are results repeatedly deficient establishments in the unsatisfactory category that does not demonstrate a significant improvement, as established in paragraph 5 ° of title II of law N ° 20.529.

The Ministry of education apercibirá educational establishments sorted in the category of emerging that, within the period of one year since the signing of the Convention of equality of opportunity and educational excellence, they have no improvement Plan educational designated in article 19 so that within three months they submit it. If, after this time period do not present the mentioned plan, settlements will be sorted in the category of recovery. "."

9 amended article 26 as follows: to) replace your number 1) by the following: "1) achieve the corresponding to the category of emerging national standards within the time limits established in paragraph 5 °, title II of the law N ° 20.529." Breach of this paragraph will not have more consequences than those indicated in the law. "."

(b) add the following final paragraph: "resources delivered under this Act may be used to finance restructuring measures concerning this paragraph.".

10 amending article 27 of the following way: to) delete, in the third subparagraph, the following sentence: "the accountability of these resources must be endorsed by the person or an external entity.".

(b) replace the fourth subparagraph by the following: "this contribution will be delivered in installments monthly, equal and successive; and will be suspended when the Ministry of education certified, by resolution founded, that actions were not executed according to Plan. "."

(c) replace the final by the following paragraph: "during the first year of incorporation of an educational establishment to the regime of preferential school funding, the contribution referred to in the first subparagraph it shall be determined according to the formula established in the second paragraph, divided by twelve and multiplied by the number of months remaining of the year, counted from the month following the classification of the establishment in the recovery category.".

11 amending article 28 of the following way: to) replaced first subparagraph by the following: article 26, the educational establishment in recovery "(Artículo 28.-Concluido el plazo a que se refiere el N° 1) must achieve educational outcomes that allow you to order it in a higher category, according to mechanisms established by law N ° 20.529.".

(b) in the first sentence of the second paragraph, be replaced with the voice 'targets' "educational results"; Insert the word "the" continuation of the locution "Agency of the quality of education", and delete the phrase "the circumstance that the establishment has not reached the expected academic results".

(c) in the third subparagraph, replaced the word "objectives" with "educational results".

(12 replace the letter d) article 29, by the following: "d) to determine the instruments and the opportunity that will be checked, pursuant to article 17, the fulfilment of commitments undertaken by the educational establishments that are part of the regime of the preferential subsidy.".

13 article 30 replaced by the following: ' article 30.-will be enabled to provide pedagogical support to educational institutions with regard to the development and implementation of the Plan of educational improvement referred to in articles 8, 19, 20 and 26, those persons or entities that meet the certification standards for integrating the public register of educational institutions and support techniques " administered by the Ministry of education in accordance with article 18, point (d)), of law No. 18.956.

(Will be requirements to integrate the public registry of educational entities and support techniques, administered by the Ministry of education in accordance with article 18, point (d)), of law N ° 18.956, at least, the following: a) identification of the objectives, goals and areas of specialization of the entity or person;

(b) description of methodologies and instruments of work and evaluation and monitoring used by the entity or person;

((c) description of the training and experience of the person, or his equipment in the case of entities, and d) not to register breaches of commercial or social security obligations.

For the purpose of stay in the register referred to in the preceding subparagraphs, in addition to a regular updating of the requirements listed above, as provided in the regulations, standards of certification in the following areas will be required: i) timely and efficient fulfilment of the contracted counseling.

(ii) effectiveness of the programmes in the achievement of objectives and the achievement of expected results.

To verify as indicated in the previous paragraph shall be obtained information from users, with surveys or other means.

Shall apply, with regard to persons or entities referred to in this article, only disabilities of articles 54 et seq. of Act No. 18.575, constitutional organic on General Bases of the administration of the State.

The Ministry of education shall create, maintain and manage a registry of information of the educational technical assistance, which will be public and will indicate, at the very least, persons and entities that are part of the public registry of persons or educational entities and techniques support, educational institutions who have received services, the areas in which served them and , in cases where appropriate, the educational outcomes achieved by the establishments. It shall also include information about the educational support that provides the Ministry of education through the respective drive (s).

Persons or entities referred to in this article, repeatedly obtaining unsatisfactory results in accordance with the regulation referred to in article 18, point (d)), of law N ° 18.956, will be removed from the public register of persons or educational entities and support techniques.

Holders may be associated together to receive technical support from one person or registered entity.

Each person or entity pedagogical and technical support costs will be paid by the holder requiring their services. "."

14 Add the following article 33 bis: "article 33 bis.-municipalities, municipal corporations or other entities created by law who administer educational establishments that are attached to the preferential subsidy regime, must manage the resources received by application of this law in a current account only for this purpose.

The resources provided under this Act are unattachable except for debts arising from failure to comply with obligations in implementation and execution of educational improvement plan. "."

15 be replaced, in the first paragraph of article 1 transitional, the phrase "21 of the decree with force of law No. 1 of 2006, of the Ministry of education," by the following: "37 of the General Education Act,".

16 be replaced, in first paragraph of the second transitional article, the phrase "21 of the decree with force of law No. 1 of 2006, of the Ministry of education," by the following: "37 of the General Education Act,".

17 Agreganse 13th following items to transient 16th:
"Thirteenth article.-insofar as those rules of law N ° 20.529 that create the Superintendent of education and the Agency of the quality of education, according to the provisions of the decrees with force of law referred to in the third article, transient, and stipulations in the thirteenth transitional of law N ° article 20.529" are not fully operative the powers granted by this Act shall be exercised by the Ministry of education.

Fourteenth article.-the term establishments bearing sorted in the category of "in recovery" in accordance to this law will be added for the purposes of the provisions of paragraph 5 ° of title II of law N ° 20.529.

Fifteenth article.-in the first renewal of the conventions equality of opportunities and educational excellence in force at the date of publication of this law in the official journal, the percentage of spending that should be accredited to comply with the provisions of point (c)) item 7 ° bis will be, at least 50%.

For the purposes of the calculation of the fulfilment of the percentage of expenditure indicated in the foregoing paragraph may be considered expenses up to 15% of grant and contributions received, on purposes other than those laid down in the Convention of equality of opportunity and educational excellence, provided that they meet the following requirements copulativos: have been used until August 31, 2011, and have been designed according to the uses provided for in subparagraph first of article 5 of the Decree with force of law N ° 2, 1998 of the Ministry of education.

Sixteenth article.-the conventions of equality of opportunity and educational excellence signed prior to June 30, 2011 shall be completed at the end of the school year in that Convention established that they expired. "."