LAW NO. 20,529 NATIONAL SYSTEM OF QUALITY ASSURANCE OF PARVULARY EDUCATION, BASIC AND AVERAGE AND ITS AUDIT Having present that the National Congress has given its approval to the following bill, Bill: " TITLE I National system of quality assurance of parvulary education, basic and average Article 1.-It is the duty of the State to ensure quality education at its various levels. To fulfill this responsibility, create and regulate a National System of Quality Assurance of Parvulary, Basic and Medium Education, hereinafter the "System". The system will also aim to ensure equity, which is understood to mean that all students have the same opportunities to receive quality education. Education will be understood as the process of lifelong learning that encompasses the different stages of people's lives and aims to achieve their spiritual, ethical, moral, affective, intellectual, artistic and physical development through the the transmission and cultivation of values, knowledge and skills. Education is part of the respect and appreciation of human rights and fundamental freedoms, of multicultural diversity and of peace, and of national identity, enabling people to lead their lives fully, for to live and participate in a responsible, tolerant, supportive, democratic and active way in the community, and to work and contribute to the development of the country and is manifested through formal or regular teaching, non-formal education and informal education. Article 2.-The System will act on formal education, according to the general objectives and their respective curriculum bases outlined in Law No. 20,370, General of Education, and will operate through a set of policies, standards, indicators, evaluations, public information and support mechanisms and supervision of establishments, to achieve continuous improvement of the students ' learning, promoting the capacities of the establishments and their management bodies, teachers and education assistants. The system shall also provide for the necessary resources for its proper functioning. The System will include, among others, self-assessment processes, external evaluation, inspection, external tests of a census character and, where appropriate, pedagogical technical support in the elaboration and implementation of educational improvement plans at the level of establishments that allow to develop their strengths and overcome their weaknesses. The System will also provide for the accountability of the various actors and institutions of the school system and, in particular, educational establishments. It shall also include the legal consequences arising from the application of the instruments referred to in the preceding points and the sanctions regime which indicates the law. Article 3.-The System will consider: a) Standards of learning of the students, referring to the general objectives outlined in the law and their respective curricular bases; other indicators of educational quality and indicative performance standards of educational establishments and their breadwinners. b) Requirements of official recognition to be fulfilled by the holders and educational establishments to enter and maintain the educational system, as established by law. c) Policies, mechanisms and instruments to support the members of the educational community and educational establishments in the achievement of learning standards and other indicators of educational quality, promoting strengthening the institutional and self-assessment capacities of the establishments in order to promote the continuous improvement of the quality of education they offer. (d) Standards for the performance of teachers, managerial teachers and pedagogical technical teachers who will serve as guidance for the preparation of the evaluations considered in the decree with force of law No. 1, of the Ministry of Education, of 1997, which fixed the coordinated and systematized recast text of Law No 19,070, which approves the Statute for Education Professionals. These standards will also serve to validate the assessment mechanisms of classroom teachers, managerial teachers and pedagogical technical teachers who voluntarily submit to the Quality Agency the establishment holders. (i) special education and training schemes, in particular in the field of education and training, as well as in the field of education and training. e) Evaluation of the performance of the establishments and holders and assessment of the achievement of the standards of learning and of the other indicators of educational quality. f) Ordination of educational establishments based on the measurement of learning outcomes and other indicators of educational quality for the purpose, among others, to identify, where appropriate, the needs of support. g) Taxation of the use of resources, in accordance with the provisions of Title III of this Law, and compliance with the requirements of official recognition and educational regulations by the holders and administrators of the service education. h) Evaluation of the impact of educational policies and programs. i) Public information systems related to the results of the evaluations of the achievement of the standards and the other indicators of educational quality, the management of the establishments and their consequences, the results of the audit, and to the evaluations of the policies and support mechanisms implemented. (j) Systems of account, recognition and penalty reporting. Article 4.-The learning standards referred to the general objectives set out in the law and in their curriculum bases will define the knowledge, skills and attitudes expected to be achieved by the students at various stages of the process education. The evaluations that give rise to the ordination of educational establishments and, consecuentially, to the other effects that the law determines, will be carried out on the basis of the standards of learning and the degree of compliance of the other indicators of educational quality, as appropriate. Article 5 °.-The performance standards for classroom teachers, managers and pedagogical technicians will consider the competencies, knowledge and attitudes necessary to guide the development and validation of the teaching assessment. Article 6.-The indicative performance standards for the establishments and their holders will consider: 1. Pedagogical management. 2. Quality indicators of the relevant processes of educational establishments. 3. Standards for the management of human and pedagogical resources. 4. The results of teacher and managerial performance evaluations. 5. Technical pedagogical leadership of the management team. 6. School experience, in terms of internal regulations, instances of participation and collective work, exercise of duties and rights, respect for diversity; mechanisms for conflict resolution, and exercise of democratic leadership by the members of the educational community. 7. Concordance of the formation of the students with the institutional educational project of the establishment and the national curricular bases. The standards outlined above will constitute guidelines for the evaluation work referred to in this law and its non-compliance will not give rise to sanctions. Article 7.-Corresponding to the President of the Republic, every six years, by supreme decree issued by the Ministry of Education, prior to the report of the National Board of Education, to establish the standards of learning, indicative of performance and other indicators of educational quality referred to in point (a) of Article 3. The standards of learning, performance indicators and other indicators of educational quality shall be understood as renewed, by the sole ministry of the law, for the same period of time, if the time limit referred to in paragraph 1 has elapsed. the respective decree has not been issued. However, if the curriculum is modified during this period, the learning standards will have to be adapted to these changes, even if they have not elapsed for the six years. The new learning standards to be set will also have a duration of six years, without prejudice to the provisions of the previous paragraph. Article 8.-The Ministry of Education, in its capacity as the governing body of the System, will be responsible for the coordination of the organs of the State that compose it, in order to ensure efficient and efficient management of all of them. For the purpose of the end referred to in the preceding paragraph, there shall be a coordination committee, headed by the Minister of Education and also by the Superintendent of Education and the Executive Secretary of the Agency or, in each case, by the people they designate. The Ministry will formulate every four years an Education Quality Assurance Plan, which should be published, and in which the actions to be developed and the general and annual objectives and goals that are intended to be achieved will be made explicit. The plan shall also provide for the necessary resources for its proper functioning. The Ministry of Education will give annual public account of the results obtained in the implementation of the Plan. TITLE II Of the Agency for the Quality of Education Paragraph 1-Purpose, functions and powers Article 9-Create the Agency for the Quality of Education, hereinafter referred to as "the Agency", a functionally decentralised public service, with personality legal and own assets and which will relate to the present The Republic of the Republic through the Ministry of Education. The Agency shall be affected by the High Public Management System. The domicile of the Agency will be the city of Santiago, without prejudice to the offices that it can establish in other Regions in the decree with force of law to which the article first transitory refers. Article 10. The purpose of the Agency will be to evaluate and guide the educational system so that it can improve the quality and equity of educational opportunities, considering the particularities of the different levels and modalities education. For the full compliance of this object, it will have the following functions: a) Evaluate the learning achievements of the students according to the degree of compliance of the standards, referring to the general objectives outlined in the law and their respective curricular bases by means of standardized and external instruments and measurement procedures to the establishments. It should also assess the degree of compliance with other indicators of educational quality. b) To carry out assessments of the performance of educational establishments and their holders based on the indicative performance standards. c) To order educational establishments based on the measurement of learning outcomes and other indicators of educational quality for the purpose, among others, to identify, where appropriate, the needs of support. d) To validate the mechanisms for the evaluation of teachers of the classroom, managers and technicians. e) To provide information in matters of its competence to the community in general and to promote its correct use. Article 11.-For the fulfilment of its tasks, the Agency shall have the following powers: (a) Design, implement and implement a system for measuring the learning outcomes of students, depending on the degree of compliance of the students; learning standards, referring to the general objectives outlined in the law and their respective curricular bases. It should also design, implement and implement a measurement system for the other indicators of educational quality. The national system of measuring the degree of compliance with student learning standards, as well as measuring the degree of compliance with other indicators of educational quality, will be mandatory for all students. educational establishments officially recognized by the State. The Agency may carry out the respective measurements directly or through third parties. Measurements of the degree of compliance with the students ' learning standards, in relation to the general objectives outlined in the law and their respective curriculum and other educational quality indicators, will be carried out by means of standardised, valid, reliable, objective and transparent instruments and procedures. In the case of instruments relating to the measurement of compliance with learning standards, they will be applied on a regular basis in different courses and learning sectors, in a census form at least in some course, both at the level of basic education, as in the case of middle education. b) Coordinate the participation of Chile in international measurements on student learning achievements. c) Design, implement and implement a system of evaluation of the performance of the educational establishments subsidized or that receive contributions from the State, and their holders referring to the indicative standards, whose purpose will be to orient the continuous improvement of the establishments, through recommendations. (d) to apply and interpret the provisions of this law and its regulations administratively and to provide instructions for general application, in matters falling within its competence. e) Develop evaluation reports, based on the indicative performance standards mentioned in point (c) of this article, that include educational outcomes, and may incorporate recommendations of an indicative nature to improve performance of educational establishments and their breadwinners. These reports shall be of a public nature. (f) Require the Ministry of Education and the Superintendency, where appropriate, to take appropriate measures arising from the management of educational establishments. (g) Validate the evaluation mechanisms of teachers in the classroom, teachers and teachers who perform the pedagogical technical function voluntarily presented by the paid and subsidised private educational establishments and the complementary assessment systems for the municipal sector, municipal corporations or other entities established by law. (h) To make available to the public the information that, in the exercise of its functions, collects in respect of educational establishments, holders, teachers and students. In any case the publication will include the individualization of the students. Without prejudice to the above, parents and parents must be informed of the results obtained by their children or pupils when the measurements have statistical validity and reliability at the individual level, without such results being able to be published or used for purposes that may adversely affect students, such as selection, repeat, cancellation or cross-compliance or similar. i) Manage the records created by law that are necessary to perform their duties. (j) Develop indices, statistics and studies relating to the education system and carry out publications in the field of their competence. It will also produce reports on the coverage of the various subjects of the national curriculum, as well as evaluations regarding the performance of educational establishments. k) To enter educational establishments and their dependencies, in order to carry out assessments of learning achievements and measurements of the performance of other indicators of educational quality. In the case of evaluative visits and other attributions entrusted to it by law, the income must be notified to the holder and will not be able to alter the normal development of the educational activities of the educational establishment. (l) Require the holders of educational establishments and public and private bodies related to education, the information strictly necessary for the performance of their duties. Those required by this literal may request in writing from the Agency, within two days of the following, to reconsider the time limit for the delivery of the requested information, when they are based on the evidence that the information requested, because of their volume or complexity, prevents them from fulfilling their usual tasks. The Agency shall, in a single instance, resolve this review within a maximum of 10 days from the date of its submission. (m) Convening with other agencies of the State Administration or with private entities the carrying out of specific actions and the provision of services to enable them to perform their duties. (n) Advise the Ministry of Education and other bodies in matters of its competence to advise the Ministry of Education in respect of the national plan of national and international evaluations, in particular in relation to its feasibility and implementation requirements. Also, at the request of the Ministry of Education, it will have to support the design of the guidelines and implementation, in matters of its competence, of the National Plan of Quality Assurance to be developed by the Ministry of Education. (o) to charge and receive rights for the assessment and guidance requested by the private establishments paid and for the other certifications established by the law in the field of its privileges. (p) Exercise other privileges as determined by law. Paragraph 2 Of the assessment of performance of educational establishments and holders Article 12.-The Agency shall evaluate the performance of the basic, average, and adult education establishments, including the special and adult education establishments, and their holders, based on indicative standards drawn up in accordance with the law. The purpose of this performance evaluation will be to strengthen the institutional and self-assessment capacities of educational establishments, guide their educational improvement plans and promote the continuous improvement of the quality of education. which they offer. The performance evaluation will consider, among others, the educational results, the degree of compliance with the standards of learning of the students and the other indicators of educational quality that allow for an integral evaluation concerning the general objectives established in the law and the indicative standards of performance of educational establishments and the context conditions of the educational establishment. Educational establishments should apply institutional self-assessment procedures, the results of which, together with the institutional educational project, will be a background to the evaluation of the Agency's performance. In addition, the Agency will consider the characteristics of the educational establishments of special and adult education; uni, bi or tri teachers; as well as those multigrade and intercultural bilingual, in order to adapt the processes assessment to be applied and developed in these establishments. Article 13. Performance evaluations may be carried out by means of information requirements, evaluation visits or other appropriate means. In carrying out the evaluations, the Agency shall first consider the self-assessments carried out by the educational establishment. The Agency may carry out the abovementioned visits directly or through third parties. However, the Agency will be the entity nssable to view the respective report. Article 14.-The result of the evaluation will be a report that points to the weaknesses and strengths of the educational establishment in relation to the compliance of the standards, as well as the recommendations to improve their performance. The Agency shall determine the manner in which these reports are drawn up, considering at least one stage of consultation and receipt of observations by the holder of the educational establishment evaluated in his performance. Article 15. The Agency may only arrange for evaluation visits in respect of the particular establishments paid where they so request. However, the Agency may carry out learning visits to the establishments referred to in the previous subparagraph and have been ordered in the High Performance category, in order to identify and disseminate best practices of such establishments. establishments. Article 16.-The Agency shall administer a register of accredited persons or entities to support the conduct of the evaluation visits. A regulation shall determine the objective requirements to be met by the persons or entities for the entry and stay in the registry, the procedure for selecting them, taking care that this is transparent and objective, the duration of the registration, its inabilities and the causals that originate from its departure, aimed at ensuring the technical quality and effectiveness of its support. The Agency shall open at least once each year the registration for the entry of accredited persons or entities. Paragraph 3 of the establishment of establishments Article 17.-The Agency shall, by means of a resolution, order all educational establishments recognized by the State, according to the results of the students ' learning, according to the the degree of compliance with the learning standards referred to the general objectives outlined in the law and their respective curricular bases and to the degree of compliance with the other educational quality indicators proposed by the Ministry of Education and approved by the National Board of Education. The other indicators of educational quality should consider, among others, results, safeguard the right to education and the freedom of education and the principles laid down in Article 3 of Law No. 20,370, General of Education. The evaluation criteria must also be valid, reliable, objective and transparent. In order to carry out this management, the Agency will have to consider the learning outcomes of all the areas assessed in the national measurements, the distribution of the results of the students in relation to the standards of learning and the degree of compliance with other indicators of educational quality. It should also consider the characteristics of pupils in the educational establishment, including, among others, their vulnerability, and, where appropriate, indicators of progress or value added. However, the management of the establishments will gradually be carried out independently of the socio-economic characteristics of the students and students, to the extent that the system corrects the differences attributable to the performance characteristics. The Agency shall determine the management methodology, after the National Board of Education's report, which shall be approved by the supreme decree of the Ministry of Education. This methodology may be considered as a guarantee that the category modifications do not occur due to a change in the composition of the students and shall be updated within a period of not less than four years and not exceeding eight years. For the purposes of the management, the following categories of establishments will exist, according to the students ' learning outcomes, depending on the degree of compliance with the learning standards and the degree of compliance of the others. indicators of educational quality for the purpose, among others, to identify, where appropriate, the support needs: a) High Performance Educational Facilities. b) Educational institutions of the Middle Performance. c) Medium-Low Performance Educational Facilities. (d) Underperformance Educational Establishments. Article 18.-The management will be performed annually and will consider the degree of compliance with the standards of learning and the degree of compliance of the other indicators of educational quality of the educational establishments in three measurements In the case of annual and valid consecutive measurements, if they are carried out every two years or more, they shall be valid. The Agency, in accordance with the provisions of the previous Article, will determine how the standards of learning and other indicators of educational quality will be technically weighted for the purpose of ordering. However, the weighting of learning standards may not be less than 67% of the total. However, in the case of educational establishments with an insufficient number of students who give up the measurements, and which does not allow for valid results, the Ministry of Education will establish the methodology to allow for a In addition, it is important to consider, among other factors, a higher number of consecutive measurements than for the rest of the educational establishments, both for the learning standards and for the other indicators of educational quality. This methodology will be approved by supreme decree of the Ministry of Education. Educational establishments that provide basic and medium education will be ordered by each level independently. The Agency and the holders of such educational establishments should report on the category in which they were ordered at each educational level to the members of the educational community. New educational establishments will not be ordered in the categories set out in the previous article. However, they will be considered provisional as Medium-Low Performance establishments, for the purposes of this law, until they meet the legal requirements to be ordered. Article 19.-The decision establishing the ordination referred to in Article 17 shall be notified to the holder in a personal or registered letter. Such a decision may be challenged by the administrative resources referred to in Law No 19,880. However, for the purpose of complying with the provisions of the preceding subparagraph, the replacement facility shall be brought before the Executive Secretary of the Agency. For the sole purpose of this article, the Council of the Quality Agency shall meet and resolve the hierarchical appeal. Article 20.-The Agency shall make known and grant wide dissemination to the learning outcomes of the students in relation to the general objectives outlined in the law and their respective curricular bases, as well as to the results of the other indicators of educational quality, and the management of this, to the Ministry of Education, parents and proxies, and to the educational community. In the case of parents and proxies, they will receive relevant information, easily understood and comparable through time for the establishment. In addition, information on the establishments of the same commune and nearby communes will be included. Without prejudice to the above, the organisation of all establishments in the country shall be available on the website of the Ministry of Education and the Agency, updated and broken down by Region and commune. In addition, educational establishments will inform parents and the school board of the category in which they have been ordered. Article 21.-The provisions of this paragraph with regard to ordination shall not apply to establishments of parvulary education and special education establishments. Paragraph 4. Of the effects of the ordination of subsidized educational establishments or receiving contributions from the State Article 22.-The Agency will have an annual plan of evaluation visits that will consider the educational establishments in categories (c) and (d) of Article 17. These evaluation visits will aim to carry out the performance evaluations provided for in this law, as well as to collect information regarding the other indicators of educational quality. Article 23.-The educational establishments subsidized or receiving contributions from the State of Underperformance will be subject to evaluation visits, at least every two years. Medium-Low Performance, at least every four years. In the case of establishments in the Middle Performance category, they may be subject to evaluation visits by the Agency with the frequency to be determined by the Agency. The frequency of these visits will be lower than the previous one. The educational establishments subsidized or receiving contributions from the State ordered as High Performance will be subject to evaluation visits if the holder requests it. The Agency may, however, carry out learning visits in order to identify and disseminate best practices in such establishments. In any case, the evaluations referred to in the previous subparagraph may not represent more than 5% of the annual assessment visits carried out by the Agency. Article 24.-The educational establishments ordered as High Performance with their respective holder, may be incorporated in the Register of Persons or of the Technical Pedagogical Support Entities administered by the Ministry of Education, which, where appropriate, comply with the requirements of the Regulation of Article 18 (d) of Law No 18,956, which shall provide for the necessary adjustments for the entry of establishments and their holders. If educational establishments that form part of the Register are ordered in one of the categories below that of High Performance, they will be eliminated from this one. Article 25.-In the case of establishments of parvulary education and special education, they shall be subject to evaluation in periodic cycles according to a programme to be approved by the Agency. Article 26.-Once the evaluation referred to in paragraph 2 of this Title has been carried out, the holders of educational establishments must prepare or revise their educational improvement plan, explaining the actions they aspire to take. to improve the learning of its students and the other indicators of educational quality. Such a plan shall contain at least the objectives, strategies, activities, goals and resources associated with it. The plan shall be informed to the Agency and shall inform the Ministry of Education. The Agency will have to take this plan into account in its next assessment and in the respective report. The Ministry of Education may consider such a plan to develop its support actions for the establishment, where appropriate. Article 27.-The Ministry of Education, in accordance with the annual definition of the Law on Budgets, shall provide pedagogical technical support directly or through a person or entity of the Registry created for these purposes, without prejudice to the referred to in the third paragraph of Article 2b of Law No. 18,956. The holders of educational establishments will be able to request such pedagogical technical support for the elaboration and implementation of their educational improvement plan. If such support is requested, they shall be required to be elected to the Ministry of Education or to a person or entity of the Public Registry of Persons or of Pedagogical Entities and Support Techniques of the Ministry of Education, without any alteration of the conditions under which the Ministry of Education relates to the holders in the exercise of their other duties. However, when it is requested by individuals who are municipalities, municipal corporations, or other entities created by law or who receive State support, the Ministry of Education will provide this support directly. The support provided by the Ministry of Education must be focused on those establishments in categories c) and d) of Article 17, in those geographical sectors where there is less availability of technical support. teaching, and in public and free establishments. Paragraph 5 of the Special Measures for Insufficient Performance Educational Establishments Article 28.-The Agency shall inform parents and the School Board whenever the establishment to which they send their children or pupils is ordered in the Underperformance category. Article 29.-The educational establishments of Underperformance will have to receive pedagogical technical support. To this end, they may use the Ministry of Education, which will provide this service directly or through a person or entity of the Public Registry of Persons or of Pedagogical Entities and Support Techniques of the Ministry of Education. Such support shall be provided, at least, until such establishment leaves the category. In any case, it can only be provided for a maximum period of 4 years. However, the educational establishments referred to in the previous paragraph that fail to be placed in a higher category, but which show a significant improvement, should continue to receive support for up to one more year. The Agency shall define, in general rules, the criteria for determining the significant improvement of an educational establishment. These criteria must be related to the learning standards referred to the general objectives outlined in the law and in its curriculum and with the other indicators of educational quality. Article 30.-In the case of educational establishments that do not exhibit a significant improvement after three years of being ordered as Underperformance, the Agency shall inform the parents and proxies of such educational establishments on the situation in which they are located. The communication referred to in the foregoing paragraph shall be sent by registered letter or by any other means that the Ministry of Education determines, provided that it is complied with in order to report directly to each of the proxies and families of the establishment and will contain relevant information on the thirty closest educational establishments that are ordered in higher categories. They will also be granted transportation facilities for students to access educational establishments that are ordered in higher categories. The Ministry of Education must issue a supreme decree, which is also signed by the Minister of Finance, which regulates this matter. Article 31.-If, after four years, counted from the communication referred to in Article 28, and with the exception of the provisions of the second indent of Article 29, the educational establishment is maintained, considering as the only factor the degree of The Agency will, in the first half of the year, certify that the learning standards are met in the category of Underperformance. With the merit of the certificate, the educational establishment will lose, in full, official recognition at the end of the respective school year. Paragraph 6 of the organisation of the Agency Article 32.-The bodies of the Agency are the Council and the Executive Secretary. Article 33. The Council shall consist of five members of outstanding experience in educational activity, appointed by the Minister of Education, after selection in accordance with the System of High Public Management. In its conformation, it will be ensured to guarantee the pluralism of the same, owing, at least, one of them to have a recognized prestige, knowledge and experience in the parvulary education. The Council shall appoint a President from among its members, who shall last for three years, and may be re-elected for once. The President shall have the task of running the Council, including sittings, fixing his tables, directing his deliberations, and drawing up his draws. It shall relate to the Executive Secretary for the coordination of the tasks and powers of the Agency. Article 34. The members of the Council shall be appointed for a term of six years and may be appointed for a further period. The councillors will be renewed for three-and two-member three-year-old members, respectively. Article 35.-Corresponding to the Council: (a) Approving and monitoring the Agency's strategic plan, which shall be updated and adjusted at least every six years. Such a plan shall specify the guidelines to be used for the purpose of the establishment and assessment of establishments. (b) Approve and follow up annually the Agency's work plan, as well as the memory and balance sheet of the previous year, and to know the preliminary draft budget. c) Approve the ordination of educational establishments within the deadlines established by the law and approve annually the change of management of educational establishments. (d) Approve the certifications performed by the Executive Secretary of the Agency, when an establishment is maintained in the category of Underperformance as set out in Article 31. e) Propose the plan of national and international evaluations to the Ministry of Education. f) Approve the Register of Persons or Entities accredited to support the conduct of the evaluation visits. (g) Approve the internal organisation, the names and functions corresponding to each of the units of the Agency as well as the staff assigned to such units. (h) exercise the other powers entrusted to it by laws and regulations. Article 36.-It is incompatible with the position of Counsellor: (a) To have a participation in the property or to be a legal representative, manager or administrator of the holding entity of any educational establishment that provides teaching at the levels parvulary, basic and medium or some association of breadwinners. b) Being a Senator or a Member; Minister of State, Deputy Secretary, Mayor or Governor; Regional Minister for Education or Head of Provincial Education Department; Mayor or Councillor; Regional Counsellor; member of the Primary School of Education Judicial Branch; Registrar or Rapporteur of the Constitutional Court; Prosecutor of the Public Ministry; member of the Qualifier of Elections or its Secretariat-Rapporteur; member of the Regional Electoral Courts, Substitute or Secretariat-Rapporteur; and Member of the other Courts created by law. (c) be registered as a natural person or as a legal representative or administrator of an entity referred to in Article 16 of this Law. d) Forming part of the register of provisional administrators in charge of the Superintendence. (e) Form part of the directive of associations of associations that have an estate or employment relationship with basic and average educational establishments. 37.-Members shall immediately inform the President of any event, whatever their nature, that they shall be impartial in their decisions or agreements, and shall not, in the event, be aware of the matter in respect of which they are Configure the causal. In particular, they will be unable to intervene in cases involving: (a) basic or average educational establishments with which they have a wealth or employment relationship. (b) Basic or average education establishments in which they perform as such res or consultants, to any degree. (c) Technical assistance institutions in which they participate as owners or dependents or in which they have another class of property interests. (d) "parvulary education", basic or medium in which he or the members of the Board are as teachers. The Directors who, being disabled, will act in such matters, will be removed from their position by the Minister of Education and will be prevented from exercising it again. The inabilities referred to in this Article, as well as the incompatibilities set out in the previous Article, shall apply to all officials of the Agency. Article 38.-The following shall be the cause of termination in the post of Counsellor: (a) Expiration of the period for which they were appointed. b) Renunciation accepted by the Minister of Education. (c) Overbearing legal capacity, which will be qualified by the majority of the members with the exclusion of the affected person. (d) Take action in a case where they are legally disabled. (e) Failure to fulfil the duties and obligations laid down by this law. In the event that one or more Directors cease for any reason in their office, a new Counsellor shall be appointed, subject to the same procedure laid down in Article 33, for the remainder of the period. If the Counsellor who ceases to be in office under the preceding subparagraph shall not be the President of the Council, his replacement shall be designated in the manner provided for in Article 33, for the time that he has failed to do so. Article 39.-The Council agreements and the quorum for sessioning shall require a simple majority. The Council shall determine its operation by means of an internal regulation. Article 40.-The members shall receive a diet equivalent to 15 units of promotion for each session to which they attend, with a maximum of 100 of these units per calendar month. Article 41.-The Executive Secretary shall be the Chief of the Service, and shall be affected by the System of High Public Management. The Executive Secretary shall be responsible for the following powers: (a) To ensure compliance with the Council's agreements and to propose to it the annual work programme of the Service. b) Participate in the Council, with the right to speak. (c) to delegate to officials of the institution the functions and duties it deems appropriate. (d) to coordinate the work of the Agency with the other institutions which comprise the System and to participate directly or through a representative in the coordination committee established in Article 8. (e) to know and to resolve any matter relating to the interests of the Agency, except those matters which the law reserves to the Council, which may affect the execution of the acts and conclude the contracts which are necessary or conducive to obtaining the Service objectives, whether with natural or legal persons, national or foreign, public or private law. (f) to communicate to the competent bodies the background to which they have or to take knowledge, in order to enable them to exercise their own powers. (g) Dictate the resolutions adopted by the Council, as well as know the resources that come under the law. It shall also be responsible for fulfilling and enforcing the instructions given to it by the Council and for carrying out the acts delegated to it by the Council in the exercise of its powers. (h) to certify, as provided for in Article 31, that an establishment has remained in the Underperformance category. Such certification shall have the agreement of the Agency's Council. (i) Judicial and extrajudicial review of the Service. (j) to prepare the annual work plan, the preliminary draft budget and any other matter to be submitted for consideration by the Council. k) Manage the Service administratively. (l) Contreat operational tasks of inspection or verification of compliance with the standards of their competence to properly certified third parties. (m) To conclude conventions and to implement the necessary acts for the fulfilment of the purposes of the Service. (n) Name and remove personnel from the Service, in accordance with this law and with the statutory rules.) Report periodically to the Council on the progress of the institution and the implementation of its agreements and instructions. (o) to exercise the other powers entrusted to him by the law. Article 42.-The staff of the Agency shall be regulated by the rules of this law and its regulations, by the provisions of the decree with force of law No. 29, of the Ministry of Finance, of 2005, which fixed the recast, coordinated and systematized text of the Administrative Statute and, in the field of remuneration, by the rules of Decree Law No. 249 of 1974, which sets the Single Scale of Wages. Article 43.-Prior agreement of the Council, the Executive Secretary, subject to the staff plant, shall establish its internal organization and determine the names and functions corresponding to each of the units established for the compliance with the tasks assigned to it, as well as the personnel assigned to such units. The staff employed by the Agency may carry out managerial or managerial duties, which shall be assigned, in each case, by the Executive Secretary. The staff to be assigned such tasks may not exceed 7% of the staff employed by the Agency. Staff providing services on the basis of fees shall be considered to be within the meaning of Article 260 of the Criminal Code. Article 44. The staff of the Agency shall keep complete reservation and secrecy of the information of which it takes knowledge in the performance of its tasks, without prejudice to the information and certifications to be provided by the Agency. conformity to the law. It shall also have an absolute prohibition on the provision of other services than those mentioned in the law, either directly or indirectly, to the entities subject to its assessment. Infringements of this rule shall be deemed to be serious for the purposes of requiring administrative responsibility, which shall be required regardless of the civil or criminal liability that may be configured. Article 45.-Without prejudice to the grounds laid down in the Administrative Statute for the termination of the position of career staff, the vacancy may be declared for the following grounds: (a) Needs of the Agency, determined by the Head Superior of the Service once a year and founded on reasons linked to the good, timely and efficient functioning of the Agency. Each year, at the latest in December, the High Public Directors of the Agency's second level of hierarchy shall carry out an assessment of the institution's progress in the light of its institutional mission and its objectives. Strategic objectives. The results of this evaluation shall serve as a basis for the Executive Secretary to exercise the power to which this literal refers. A regulation will set out the procedures they will take and the form and opportunity in which they will receive the information and background required for this purpose. b) Evaluation of conditional list performance. The staff who cease their duties by virtue of the reason provided in the literal (a) above shall be entitled to the compensation referred to in Article 154 of the decree with force of law No 29, of the Ministry of Finance, of 2005, on Administrative Statute. Article 46 (7)-The assets of the Agency shall consist of: (a) the contributions which the Law on Budgets assigns to it annually. b) The resources granted by special laws. (c) movable and immovable property, body and property, which is transferred or acquired to any title. d) The fruits, incomes and interests of their goods and services. e) The inheritances and legacies that you accept, which you will have to do with the benefit of inventory. Such hereditary allowances shall be exempt from any kind of tax and any charge or payment affecting them. (f) the revenue it receives from the services it provides. (g) The contributions of international cooperation which it receives to any title. The Agency shall be subject to the rules of Decree Law No 1,263 of 1975 and its supplementary provisions. TITLE III Of the Superintendence of Education Paragraph 1 Object and attributions Article 47.-Create the Superintendence of Education, henceforth "the Superintendence", public service functionally decentralized and territorially deconcentrated, It has its own legal personality and its own heritage and relates to the President of the Republic through the Ministry of Education. The Superintendence constitutes a tax institution in the terms of Decree Law No. 3,551, of 1981, and it will affect the System of High Public Management. The home of the Superintendence will be the city of Santiago, without prejudice to the Regional Directorates that constitute through the decree with force of law to which the first transitory article refers. Article 48.-The purpose of the Superintendence shall be to supervise, in accordance with the law, that the holders of educational establishments officially recognized by the State conform to the laws, regulations and instructions that the Superintendence, henceforth "the educational regulations". It will also monitor the legality of the use of the resources by the holders of the subsidized establishments and receive state support, and, in respect of the holders of the private establishments paid, the aforementioned legality only in case of complaint. In addition, it will provide information, in the field of its competence, to the educational communities and other users and stakeholders, and will address the complaints and complaints of these, applying the sanctions that in each case correspond. The instructions given by the Superintendence should be reviewed (a) the right to education, the freedom of education and the principles laid down in Article 3 of Law No 20.370, General Education. If, in the exercise of its powers, the Superintendence becomes aware of violations of other legal norms that do not integrate the educational regulations, it must inform the corresponding audit bodies. The Superintendence will not be able to initiate sanctioning processes for violations of legal norms that do not integrate the educational regulations. Article 49.-For the performance of their duties, the Superintendence shall have the following powers: (a) to establish that the educational establishments and their officially recognized holders comply with the educational regulations. b) Fiscalize the surrender of the public account of the use of all resources, public and private, according to Paragraph 3 of this Title, through generally accepted simple accounting procedures. Such surrender shall consist of an annual statement of results which shall, in a disaggregated manner, cover all the revenue and expenditure of each establishment. Such a background will also be available to the educational community through the School Board. (c) Carry out and order audits of the annual statement of results referred to in the preceding letter. d) To enter the educational establishments and premises of the holder who are related to the administration of the educational establishment, in order to perform the functions that are their own. In the exercise of this attribution, the officials of the Superintendence will not be able to prevent the normal development of the educational activities of the educational establishment. In respect of the private educational establishments paid, the exercise of this attribution shall require the existence of a complaint or complaint under the 4th paragraph of this Title, except in the case of verification of compliance with the requirements to maintain official recognition of the State. In the latter case, the Superintendence may not examine the books and accounts of the audited entity. (e) Access any document, book or antecedent that is necessary for the purpose of audit, without impeding the normal development of the educational activities of the educational establishment, and examine, by the means that it considers of the case, all the operations, goods, books, accounts, files and documents of the persons or entities audited, and to have all the records necessary for the best audit. The Superintendence, by resolution, will determine those books, files and documents that must be permanently available for examination in the educational establishment itself. The same faculties, and in the same terms, will have the Superintendence regarding the third parties that administer the educational establishments. In respect of the private educational establishments paid, the exercise of this attribution will require the existence of a complaint or complaint according to the 4th paragraph of this Title. f) Citar to declare to the legal representatives, administrators and dependents of the institutions audited in respect of any fact that it considers necessary to resolve any denunciation that it is aware or when of its own initiative, in a procedure administrative, determine it in compliance with its functions. The same faculties, and in the same terms, will have the Superintendence regarding the third parties who administer educational establishments. The citation must consider the internal schedules held by the audited institution. In respect of the private educational establishments paid, the exercise of this attribution shall require the existence of a complaint or complaint under the 4th paragraph of this Title, except in the case of verification of compliance with the requirements to maintain official recognition of the State. (g) Acquitting, investigating and resolving complaints that the various members of the school community present. h) Receive complaints and act as a mediator with respect to them. (i) To form charges, to substantiate their processing and to resolve the processes that follow in respect of all non-compliances or violations of the educational regulations, as well as of those who know by means of complaints from the public or by denunciation that I formulated the Ministry of Education or other public bodies. (j) Dispose the appointment of an interim administrator for the management of subsidized educational establishments or who receive contributions from the State, in cases that may be determined by this law. (k) Fiscalize compliance with the requirements required to maintain official recognition of the State as an educational establishment and, where appropriate, forward the background to the Ministry of Education for the purpose of the education, within a period of not exceeding at the end of the school year, proceed with the revocation of the recognition. (l) Impose the relevant penalties for infringement of the educational legislation, as well as those proposed by the Agency. (m) Apply and interpret the educational legislation for which it is responsible to monitor, and provide informed instructions of general application to the sector subject to its audit, without prejudice to the exercise of the powers of the Ministry of Education. The instructions and resolutions that emanate from the Superintendence will be mandatory from their publication and must be systematized, in such a way as to facilitate the access and knowledge of them by the subjects submitted to their audit. The Superintendence must publish on its website a record of easy access and understanding with all the obligations under the educational regulations applicable to educational establishments. (n) Develop indices, statistics and studies relating to the educational system and carry out publications in the field of their competence. n) Require, in the field of their powers, the managers and teachers of the establishments educational and public and private bodies the information relevant to the performance of their duties. It may also collect the information provided by the institutions, process it where appropriate, and distribute it annually to the various users. Those who are required by virtue of this literal will be able to request in writing to the Superintendence, within the next two days, that they reconsider the deadline for the delivery of the requested information, when they are founded requirement, due to their volume or complexity, prevents them from complying with their usual tasks. The Superintendence will resolve this review, in a single instance, within a maximum period of ten days, counted from the respective presentation. (o) make available to the public the information which, in the exercise of their duties, collects in respect of educational establishments, holders, teachers, students and other members of the educational community, provided that their advertising, communication or knowledge does not affect people's rights, particularly in terms of their security, health or the sphere of their private life. Likewise, the Superintendence may administer the records created by law that are necessary to exercise its functions. (p) To agree with other agencies of the State Administration or with private entities to carry out specific actions and to provide services that enable their functions to be fulfilled. (q) To advise the Ministry of Education and other bodies technically in matters of its competence. (r) To train the holders in order to make adequate public account of the use of the resources. (s) Carry out the other functions entrusted to it by the laws or regulations. Article 50. The powers referred to in the previous article shall not preclude those general powers of audit that correspond to the Comptroller General's office in the field of its jurisdiction. Second paragraph of the audit Article 51.-In the exercise of its supervisory powers, the Superintendence will act on its own initiative or at the request of an interested party. The Superintendence will formulate charges and instruct the respective procedure in case of verifying the existence of one or more contraventions to the educational regulations. In the case of complaints communicated to you by the Ministry of Education or the Agency, the Superintendence will directly order the formulation of charges and the instruction of the respective process. Article 52.-For the purposes of this law, the staff of the Superintendence empowered as a fiscator shall also have the character of a minister of faith in respect of all the actions he carries out in the performance of his duties and which are in the Audit record, within which statements may be made under oath. The facts established by the officials and on which they must inform, either ex officio or at the request, may constitute a legal presumption of veracity for all the effects of the judicial test. The supervision actions may take effect on any working day in working hours, provided that the normal development of the educational activities of the educational establishment is not prevented. The audited entities must grant all the facilities required by the officials concerned. The Superintendence should ensure that the audit processes carried out are coordinated with those who, in the exercise of their powers, carry out the various organs of the State Administration, in order to avoid distracting The educational work in educational establishments is unduly. In the exercise of the audit work the officials of the Superintendence will have to To inform the audited subject of the specific subject matter of the audit and the relevant legislation, to leave full copy of the minutes raised and to carry out the measures strictly indispensable and proportional to the object of audit. The audited subjects may report abusive conduct of officials to the Superintendent. 53.-In order to facilitate the audit of the provisions of this law, the holders must send, within five days of the second month of the beginning of the school year, a list of the students enrolled in the course, to consider your national identity card, first and last names. They must also inform when, during the course of the school year, a student is cancelled, the student retires from the school or unjustifiably suspended his regular attendance for more than 15 days. A regulation shall provide for the form and modalities in which the obligations laid down in the preceding paragraph are to be fulfilled, including the publication of the information to the school community. Paragraph 3 of the public account of the use of the resources Article 54.-The holders of educational establishments subsidized or who receive contributions from the State must pay public account of the use of all resources by means of simple, generally accepted accounting procedures for each of its educational establishments, according to the standardized instruments and formats that the Superintendency establishes. In addition, the holders who have more than one subsidized educational establishment or receive state contributions, must submit a consolidated report on the use of the resources in respect of all their establishments. The analysis of accountability shall only imply a judgment of the legality of the use of the resources and shall not extend to the merit of the use of the resources. In addition, upon a resolution indicating the existence of reasonable grounds for the accuracy and accuracy of the information provided to it, the Superintendence may carry out audits or require, at the request of the holder of the educational establishment, which external institutions will carry out, in which case their financing will correspond to the holder. If these audits are carried out by external institutions, the choice of the institution will be made by the holder of those who are contained in the register that for such purposes carries the Superintendence of Values and Insurance. Article 55.-If, in the audits referred to in the previous Article, infringements which may be subject to sanctions are detected, the Superintendence shall make the observations and open the corresponding sanctioning procedure and formulate the charges that proceed. Article 56.-The Superintendence, in conjunction with the Ministry of Education, shall establish a common mechanism for the public account of the use of resources, in order to simplify and facilitate the fulfilment of this obligation established in this or in other laws by the breadwinners. The characteristics, modalities and conditions of this mechanism will be established in a regulation issued by the Ministry of Education. Paragraph 4. Of the attention of complaints and complaints Article 57.-The Superintendence shall receive the complaints and the complaints that are formulated by the members of the educational community or other directly interested and that refer to matters of their jurisdiction, without prejudice to the relevant legal actions. Article 58.-For the purposes of this law, the complaint is the written or oral act by means of which a person or group of persons directly interested and previously individualized put in knowledge of the Superintendence an eventual irregularity, in order for it to investigate and take the appropriate measures. A complaint shall be made to the formal request made to the Superintendence by one of the persons referred to in the previous article, in order for the latter to intervene as a mediator in the dispute between the claimant and one of the parties. audited entities, the complainant in the proceedings. Article 59.-A complaint or a complaint is received, the Superintendence may open a period of prior information in order to know the specific circumstances of the case and the desirability of initiating a sanctioning procedure or the respective mediation. Article 60.-In the case of a complaint or complaint regarding the particular establishments paid, the Superintendence may investigate and demand the delivery of the corresponding records. Article 61.-Admitted a complaint or complaint to processing, the Regional Director shall order the opening of a file and appoint the official in charge of its processing, who shall notify the accused or claimed. Article 62.-A complaint to the proceedings has been received, the designated official will cite the interested parties to a mediation hearing in which he will propose a basis for settling the conflict. The parties shall agree to the name of the mediator, who in any case, to exercise as such, must register in the register that the Superintendence takes effect. It shall be up to the Superintendence to lay down, by means of general rules, the requirements to be met by the mediators referred to in this provision and the general rules of procedure to which they are to be subject. Article 63. The notifications to the persons concerned shall be made by means of a registered letter to the address to which they are fixed in the first action, and shall be construed as being practised from the third working day from the date of their dispatch at the office of post. Without prejudice to the foregoing, the persons concerned may register in the Superintendence an e-mail address in which they shall receive the respective notifications which, for all legal purposes, shall be construed as being practised on a working day. next to your office. Article 64.-The Superintendence shall maintain a public record with the statistics of known and resolved complaints. Article 65.-If the Regional Director or the Superintendent, by way of a reasoned decision, establish that the complaint is manifestly unfounded, they may impose a fine of not less than 1 UTM and no more than 10 UTM, addressed the seriousness of the infringement. Paragraph 5 of the infringements and penalties Article 66.-If infringements which could be found to be in contravention of the educational rules are detected, the competent Regional Director shall, by means of a well-founded decision, order the instruction of a the procedure and appoint a prosecutor instructor in charge of its processing, to formulate charges, to investigate the facts, to request reports, to weigh the evidence and to have all other diligence that is of course to the procedure. Article 67.-In the case of complaints arising from the Ministry of Education or the Agency, the competent Regional Director shall directly order the formulation of charges and the instruction of the procedure. Article 68.-The decision ordering the procedure must be notified to the legal representative or administrator of the holding entity, personally, by registered letter or e-mail. This action must be included in the administrative file. The notification by registered letter shall be sent to the address of the holder of the educational establishment where the facts giving rise to the charges or the address of the Department of Education Administration of the Municipality have occurred. or of the Municipal Corporation in question or to the appropriate one, in the case of another entity established by law. The notification shall be deemed to be carried out on the third working day following the dispatch of the post. The e-mail notification shall be sent to the address registered by the holder with the Superintendence, and shall be deemed to be practiced on the working day following its dispatch. In the case of infringement of Articles 76 (b) and 77 (b), the notification shall also be made to the obligation to provide the information requested. Article 69.-In the case of point (g) of Article 76, and once the holder has been notified in accordance with the previous article, the Regional Director may propose to the Superintendent, as a precautionary measure, immediate retention, either in whole or in part, the payment of the subsidy. This measure shall be ordered by a well-founded resolution and shall be proportionate to the damage caused. The Ministry of Education must proceed in the sense of the Superintendence. The precautionary measure will be valid for up to 15 days, and can be further decreed if the circumstances that gave rise to it are maintained. This measure may be disposed of only by hearing the person concerned, and may be contested within 10 working days, without suspending the processing of the main administrative procedure. In such a case, the Superintendent will have the same time to resolve. Article 70. The holder of the procedure shall have a period of 10 working days from the date of the notification to present the charges and the means of proof which he considers to be relevant. Article 71.-Discards, or after the deadline for such effect, the instructor shall prepare a report and propose to the respective Regional Director the application of sanctions or the dismissal, as appropriate. Article 72.-Corresponding to the Regional Director, according to the merit of the background and by resolution founded, to terminate or apply the penalties provided for in the following article. The test that will be given will be appreciated according to the rules of healthy criticism. If it is appropriate to sanction a fact constituting an In addition to more than one law of the educational legislation, the Regional Director will apply the appropriate sanction as if it were a single infringement. Article 73.-Infringement of the educational regulations, and without prejudice to the criminal liability that proceeds, the Regional Director may apply the following sanctions, according to the nature and gravity of the offence: a) Notice in writing, in which case the origin of the administrative infringement must be noted, as well as the time limit within which it must be remedied. (b) Fine, according to the ranges set out in the table below: Minimum Maximum Infringements Slight 1 UTM 50 UTM Infringements minus 51 UTM 500 UTM serious infractions serious 501 UTM 1000 UTM The fine applied shall take into account the benefit (a) the Commission's intention of the infringement and the concurrency of extenuating or aggravating circumstances, the total registration of the establishment to the date of the infringement and the monthly grant by the Member State concerned. students or the resources they receive regularly, excluding donations. In the case of educational establishments governed by Titles I and II of the decree with force of law No 2, of the Ministry of Education, of 1998, the fine may not be less than 5% or exceed 50% of the monthly grant per pupil registered. For educational establishments governed by Titles I and II of the decree with force of law No 2, of the Ministry of Education, of 1998, it will be understood by monthly grant per pupil that it is necessary to apply its articles 9th, 9th and 11th, according to corresponds. For educational establishments governed by Title II of the law indicated, the application of the fine will consider the average monthly collection of the property. In the case of establishments governed by Decree Law No 3,166 of 1980, the fine must be among the ranges mentioned in this letter and calculated on the basis of the average monthly of the resources allocated to them in order to finance their operation and operation. For private establishments paid, the fine will be proportional to the monthly average of charges for duty and tuition. (c) Temporary deprivation of the grant, which may be total or partial. However, the deprivation of the subsidy may not exceed 12 consecutive months. (d) Final grant of the subsidy. e) Temporary disablement or perpetuity to obtain and maintain the quality of the holder. The penalties for inskill applied by infringements committed by the holding entity shall be construed as applying to their legal representative and administrator. f) Revocation of official recognition of the State. Article 74. In case the Superintendence has the sanction of deprivation of the grant, inability of the holder or revocation of the official recognition of the State, it must send to the Ministry of Education the corresponding antecedents for application and subsequent inclusion in the corresponding register. Article 75.-The facts, acts or omissions constituting administrative offences shall be serious, less serious and minor. Article 76.-These are serious infringements: (a) Failure to make public account of the use of resources. (b) Not to provide the information requested by the Ministry of Education, the Agency or the Superintendence. (c) Failure to comply with any of the conditions required to maintain official recognition of the State. (d) Repeatedly fail to meet the standards of learning required in accordance with laws. This infringement can only be sanctioned by the revocation of the official recognition of the State. e) To alter the results of the learning measurements and the other indicators of educational quality. (f) Prevent or deliberately hinder the supervision of the Superintendence. g) Make compulsory the payment of tuition or other fees that are voluntary, in the educational establishments subsidized or that receive contributions from the State. (h) Any other that has been expressly qualified as serious by law, especially those referred to in Article 50 of the decree with force of law No 2, of the Ministry of Education, of 1998 and in Article 34 of Law No 20,248. 77.-They are less serious infringements: (a) Not to make public account of the use of the resources in the manner determined by the law or to make it late. b) Deliver the information required by the Superintendence in incomplete or inaccurate form. (c) infringe upon the duties and rights established in the educational regulations that are not qualified as a serious infringement. (d) unduly charging higher values than those established. e) Any other infringement that is expressly qualified as such by law. In the event of infringements which are of a less serious nature, only the penalties and penalties provided for in this law may be applied. Article 78.-These are minor infractions in which the holders or educational establishments are committed against the educational regulations and who do not have a special sanction. Such infringements shall be punished only if they are not remedied within the time limit which the Superintendency's audit shall grant to the effect. In the case of offences of a minor nature, only the penalties and penalties laid down in this law may be applied. Article 79.-Constituency extenuating circumstances of liability: (a) Subheal the defaults reported by the Superintendence, within the period of thirty days from the notification. (b) that one of the penalties provided for in the educational legislation in the last six years has not been imposed for a serious infringement; in the last four years, for a less serious offence; and in the last two, for a minor offence. c) Concurrant to the offices of the Superintendence and denounce being committed, in itself, any infraction to the educational norms. The circumstance referred to in point (c) shall only proceed where the holder provides precise, veridique and verifiable information regarding the facts constituting the infringement and immediately terminates them. Article 80.-Aggravating circumstances of liability: (a) The non-concurrence of legal representatives, administrators or dependents of the institutions audited to the summons to be declared by the Superintendence as provided for in Article 49 (f) (b) The repeated failure to comply with the instructions given by the Superintendence. It will be understood that those non-compliances which, in the same calendar year, are repeated on two or more occasions, are repeated. c) To have been sanctioned in advance by virtue of any of the administrative processes provided for in the current educational regulations, in the terms set out in point (b) of the previous article. In the case of point (c) of this Article, the fine shall be increased to a maximum of twice the maximum, in accordance with the criteria laid down in Article 73 (b). Article 81.-The fine of fine does not prevent the application of temporary or perpetual disablement of the quality of the holder, nor of the revocation of the official recognition of the State, nor does it prevent the reintegrals that proceed in each case. Article 82.-In the case of a fine applied to subsidized educational establishments or receiving contributions from the State, the payment of the same shall be made by the discount, total or in quotas, of the corresponding fine of the subsidy monthly to be collected. In the case of private establishments paid, the fines must be paid at the General Treasury of the Republic. A regulation will fix the form, modality and opportunity of payment of the fine imposed, as well as its reimbursement in the cases that it corresponds to. The fines imposed by the Superintendence will be of tax benefit. The delay in the payment of any fine applied by the Superintendence, in accordance with the law, will accrue the interests and readjustments established in Article 53 of the Tax Code. Article 83. In the event that the Superintendence has the sanction of revocation of the official recognition of the State, the Ministry of Education must take all measures that are relevant to ensure the right to education of the students, in coordination with the faculties that the Superintendence has. Article 84.-Against the decision of the Regional Director applying any of the penalties referred to in Article 73, the Superintendent of Education may be required to complain to the Superintendent of Education within 15 days from the date of notification of the the resolution being challenged. Article 85.-Those affected who consider that the decisions of the Superintendent are not in accordance with the educational regulations, may claim before the Court of Appeal concerned, within a period of 15 days, from the notification of the resolution that is challenged, so that it leaves them without effect. The Court shall take a decision on the admissibility of the appeal. The Court of Appeal will transfer the appeal to the Superintendence, notifying it of its own motion, and the Court of Appeal will have a period of 15 days, counted from the time of notification of the appeal filed, to evacuate the respective report. Evacuated the transfer by the Superintendence, or by the deadline that it has to issue its report, the Court will order to bring the cars in relation and the cause will be added extraordinarily to the table of the nearest audience, previous draw of the Room. The Court will give judgment within the 15-day term, which can be appealed to the Supreme Court within ten working days, which will be taken into account. Article 86.-The Superintendence will not be able to apply any type of sanction after and six months after the date on which the event was completed. The initiation of the respective investigation will suspend this limitation period. Any process initiated by the Superintendence shall be completed within a period not exceeding two years. Paragraph 6 of the provisional administrator Article 87.-The Superintendence, by way of a well-founded decision, may appoint an interim administrator to assume the duties of the holder of a subsidised educational establishment or to receive contributions from the State, in order to ensure the proper functioning of the establishment and the continuity of the educational service. The provisional administrator shall remain in office only until the end of the current school year, except as provided for in the second indent of Article 94. Article 88.-They may not be appointed as interim administrator of an educational establishment: (a) The spouse, relatives up to the fourth degree of consanguinity or second degree of affinity of the legal representatives and administrators of the holding entity. (b) the creditors or debtors of the holder or who have any direct pecuniary interest in related undertakings. c) The asset managers of the holder. Without prejudice to the foregoing, the inabilities of articles 54 and following of the decree with force of law No. 1-19,653, of the Ministry General Secretariat of the Presidency, of 2001, which fixes the recast text, shall be subject to these persons. coordinated and systematized of law No. 18,575, Constitutional Organic of General Bases of the State Administration. In the case of legal persons, the incompatibilities mentioned in this article shall be applicable to their legal representatives and administrators. Article 89.-Only a provisional administrator may be appointed in the following cases: (a) When the educational establishment remains in the Underperformance category for four consecutive years and there is a risk of affecting the continuity of the school year. b) When the legal representative or the administrator of the holding entity is absent unjustifiably, putting at risk the continuity of the school year. (c) Where, for reasons attributable to the holder, the maintenance of the educational service is impossible as a result of sanctions, precautionary measures, embargoes, executions or withdrawals affecting the educational establishment or its furniture. (d) where there is a repeated delay in the payment of the remuneration or the pre-viewing or health contributions of the staff of the establishment. A repeated delay shall mean total or partial arrears in the payment of two consecutive months or three months in a period of six months. (e) Where, due to the cause of the holder, the basic services for the proper functioning of the school premises are repeatedly suspended. The non-availability of the basic service shall be deemed to be suspended for a period of three consecutive working days or five working days in a period of six months. (f) When, in the case of municipal establishments, the holder is asked to waive the official recognition of the educational establishment, and a serious impact on the right to education of the and the students enrolled in that establishment. g) When a holder leaves, during the school year, his educational project, leaving the educational service in the establishment of his dependency. In the case of the causes referred to in points (b), (c), (d), (e), (f) and (g) above, the Regional Director shall quote the holder and propose to the Superintendent the appointment of the interim administrator, if appropriate. Such appointment shall be notified by registered letter to the holder so that he may, within five working days from such notification, be able to claim administratively before the Superintendent of that designation. The appointment of the interim administrator shall be a private and inselectable attribution of the Superintendent. 90.-On taking up his duties, the provisional administrator shall draw up a record of the administrative and financial statement of the educational establishment, which shall be submitted to the Superintendence. In addition, within twenty days of your appointment, you must submit a work plan, which must be approved by the Superintendent. The provisional administrator shall submit quarterly progress reports on his or her management and provide a documented account of the management to the Superintendent at the end of his/her duties. Once those reports have been approved by the Superintendence, they shall be incorporated in a register of a public nature, in accordance with the provisions of the Regulation referred to in Article 97. The interim administrator will be responsible for minor fault in his administration. Article 91.-From the date of appointment of the provisional administrator, the holder of the establishment shall be replaced by the holder for all legal purposes, being disabled to receive the educational grant. Without prejudice to the foregoing, the holder shall be responsible for all the obligations arising out of the operation of the educational establishment in advance of the appointment of the interim administrator. The appointment of an interim administrator shall be without prejudice to the effective enforcement of the guarantee provided for in Article 56 of the Decree Law No. 2 of the Ministry of Education, 1998. As long as the provisional administration of a specific establishment, exceptionally and on the basis of a decision of the Ministry of Education with the aim of the Minister of Finance, is administered, the payment withholding tax may be left without effect. application of the provisions of the second paragraph of article 54 of the decree with force of law Nº2, 1998, of the Ministry of Education, which fixes the recast, coordinated and systematized text of the decree with force of law No 2, of the same Ministry, of 1996, on State Subsidy to Educational Facilities; Article 69 of the (a) this law, or because of other administrative measures which have resulted in the reduction or non-payment of the school grant. Article 92.-The provisional administrator shall assume the powers of the holder of the educational establishment in which he shall carry out his duties and shall have the powers provided for in Article 2,132 of the Civil Code. Without prejudice to the foregoing subparagraph, the provisional administrator shall, in particular, have the following powers: (a) Take the legal representation of the establishment, be it a particular subsidised, municipal or other holder; entity created by law. (b) Ensure school continuity and ensure the availability of tuition for students of the establishment, in accordance with this law. c) To perceive and administer the resources of the decree with force of law No. 2, of the Ministry of Education, of 1998, the law N ° 20,248, other regular contributions that the State gives, as well as those that could have the law of the Public sector to ensure the continuity of the educational service of the corresponding establishment, only until the end of the respective school year, provided that the following circumstances are met: (i) that the regular contributions to be received are not sufficient to finance the remuneration of teaching staff and education assistants, the payment of basic supplies and other expenditure indispensable for its operation; the appointment of the interim administrator to be produced during the course of the school year concerned, and (iii) that those resources are fully allocated to the payment relating to the expenditure referred to in the preceding number (i). (d) Pay the obligations arising from the educational service from the moment it assumes its functions, with the limit of the resources it receives for its management, in accordance with the priorities it establishes and seeking the good performance of the educational establishment. (e) End the employment relationship of the staff of the educational establishment. (f) a pledge on the property of the establishment, where strictly necessary to ensure the proper functioning of the establishment. (g) Return the administration of the goods to the holder at the end of his administration. (h) Coordinate, in the event of a definitive loss of official recognition of the State by the educational establishment, by resignation or revocation, the relocation of the students in conjunction with the Ministerial Regional Secretariat of Relevant education, and take all necessary steps to ensure your right to education. The powers of the provisional administrator shall be inselectable. Article 93.-The appointment of an interim administrator, in the case of Article 89 (a), may be aimed at making the revocation of official recognition of the establishment effective, provided that there are nearby establishments they deliver the same educational level, ordered in a higher category. In order to revoke the official recognition of an establishment, the provisional administrator must continue to provide continuity to the educational service for the period up to the end of the school year, with a view to ensuring the registration available to the students for the following school year in other educational establishments. Article 94.-The interim administrator shall have the power to restructure an educational establishment under the conditions laid down in Article 89 (a), provided that it is educational establishments managed by municipalities, either directly or by their municipal corporations; or managed by other entities created by law, and there are no nearby establishments that provide the same level of education, ordered in a better category and have vacancies. In the case of the restructuring referred to in the preceding subparagraph, the interim administrator shall take over the legal obligations up to the delivery of the educational establishment to the respective municipality or corporation, or to the institution created by law, which must be implemented within three years from the date of his appointment. Article 95.-For the purposes of the provisions of this Paragraph, it is understood by nearby establishments that they are in the same commune and whose holder is a municipality, a municipal corporation or another entity created by law, or the subsidised private establishments which accept free of charge those pupils without a selection process between 1 ° and 6 ° year of basic education. Article 96.-No establishment may be subject to restructuring more than twice in a period of 10 years. If the educational establishment is ordered to be of insufficient performance after the end of the second restructuring within that period, the Agency shall certify that circumstance for the purpose of revoking the official recognition of the State to the establishment. Article 97.-Create a Public Registry of the Directors of the Office of the Public Administration, in charge of the Superintendence, which will include the persons, natural and legal, qualified to fulfill the functions of provisional administrator. A regulation will determine the requirements that people will have to meet for the entry and stay in the register that are created; mechanisms for determining the fees; selection procedure and the mechanisms for evaluating them; the duration of the registration, and the causes of the departure of the registration, in order to ensure the suitability of the provisional administrator and the effectiveness of its management. Such registration must always be open for admission. Article 98.-The fees of the provisional administrator shall be paid by the grant corresponding to the establishment, in accordance with the law. On the part not covered by these resources, they will be in charge of the Superintendence. Paragraph 7 Of the Superintendence Organization Article 99.-An official of the exclusive trust of the President of the Republic, with the title of Superintendent of Education, will be the Superior Chief of the Superintendence and will have the judicial and extrajudicial representation of the same. The internal organization of the Superintendence will consider an Intrend of Parvularia Education, whose function will be to elaborate the technical criteria that will allow to guide the exercise of the attributions of that respect (a) education providing for the education of parvulary education and with official recognition of the State or authorization, if any. Without prejudice to the powers of the Superintendence, as mentioned in Article 49 of this Law, it will be especially for the Intendence: 1) To elaborate and propose the technical criteria, according to the high level of education (a) to provide for a review of the supervisory role of the Superintendence vis-à-vis the establishments which provide it. 2) Propose to the Superintendent the administrative interpretation of the educational regulations applicable to establishments that provide parvulary education. 3) Propose to the Superintendent instructions of general application to the sector subject to its competence. 4) Develop indices, statistics and studies on the system of parvulary education. (5) The others entrusted to it by laws or regulations. The Intrend will be in charge of a Parvularia Education Intendant, director affected the second hierarchical level of the Superintendence, for the purposes of the article thirty-seventh of the law No. 19,882. Article 100.-Corresponding to the Superintendent, in particular: (a) Planning, organizing, directing, coordinating and controlling the operation of the Superintendence and exercising, in respect of its personnel, the privileges of its Superior Chief Service. b) To dictate the internal regulations necessary for the proper functioning of the Superintendence. (c) To implement the acts and to conclude the agreements necessary for the fulfilment of the objectives of the Service. In the exercise of these powers, it may administer, acquire and dispose of goods of any kind. d) To appoint and remove the staff of the Service, in accordance with this law and the statutory rules. (e) Delegate specific privileges or powers in officials of their dependency, in accordance with the law. (f) Coordinate the work of the Superintendency with the other institutions that comprise the System and participate directly or through a representative in the coordination committee established in Article 8 °. (g) administratively interpret, in matters falling within its jurisdiction, the laws, regulations and technical standards governing the entities and matters audited, draw up instructions of general application and issue orders for compliance. h) Know and resolve the resources that the law establishes. (i) Impose the penalties provided for by this law and the other legal provisions governing the educational activity and inform the Ministry of Education, so that they are incorporated in the corresponding register. (j) to exercise the other powers entrusted to it by laws and regulations. Without prejudice to the oversight powers conferred upon it by this law, the Superintendent shall inform the other audit bodies of the background to which he or she is aware, in order for them to carry out their duties. the powers of their own. Article 101.-The Superintendence shall be territorially unconcentrated through Regional Directorates, in accordance with the provisions of the law. Article 102.-The staff of the Superintendence will be regulated by the rules of this law and its regulations, by the provisions of the decree with force of law No. 29, of the Ministry of Finance, of 2005, that fixed the text recast, coordinated and systematised of the Administrative Statute and, in the field of remuneration, by the rules of Decree Law No. 3,551, of 1980, Title I and its modifications and the allowances and allowances provided for in Articles 9 and 12 of Law No 20.212, in the Article 5 of Law No. 19.528 and in Article 17 of Law No. 18,091, in the form that these laws indicate . Article 103.-The Superintendent, subject to the staff plant, shall establish his internal organization and shall determine the names and functions corresponding to each of the units established for the performance of the functions which is assigned to it, as well as personnel assigned to such units. The personnel employed by the Superintendency may perform functions of a managerial or managerial character, which will be assigned, in each case, by the Superintendent. The staff to be assigned such tasks may not exceed 7% of the staff employed by the Superintendency. Staff providing services on the basis of fees shall be considered to be within the meaning of Article 260 of the Criminal Code. Article 104.-The Superintendent may request in commission of services to specialized officials of the various organs and institutions of the civil administration of the State, without the limitations established by the provisions laws or regulations in force. Article 105.-The staff of the Superintendence shall keep absolute reservation and secrecy of the information of which it takes knowledge in the performance of its tasks, without prejudice to the information and certifications to be provided in accordance with the law. Infringements of this rule shall be deemed to be serious for administrative purposes, which does not prevent criminal penalties from being imposed. Article 106.-The staff of the Superintendence shall have absolute prohibition of providing to the entities subject to its supervision other services than those mentioned in the law, either directly or indirectly. Any infringement of this rule shall constitute a serious misconduct for the purposes of establishing its administrative responsibility, without prejudice to any other sanctions which may be imposed in accordance with the law. Article 107.-Without prejudice to the grounds provided for in the Administrative Statute for the termination of the position of career staff, the vacancy may be declared for the following grounds: (a) Needs of the Superintendence, determined by the Superior Head of Service once a year and founded on reasons linked to the good, timely and efficient operation of the Superintendence. Annually, the High Public Directives of the second hierarchical level of the Superintendence, at the latest in December, will carry out, as a whole, an evaluation of the institution's progress according to its institutional mission and objectives. Strategic objectives. The results of that assessment shall serve as a basis for the Superintendent to exercise the power referred to in this literal. A regulation shall lay down the procedures to be adopted and the form and timeliness of the information and background required for this purpose. b) Evaluation of conditional list performance. The staff who cease their duties by virtue of the reason provided in the literal (a) above shall be entitled to the compensation referred to in Article 154 of the decree with force of law No 29, of the Ministry of Finance, of 2005, on Administrative Statute. Article 108.-The staff of the Superintendency holding managerial and professional positions of the first three hierarchical levels shall be engaged in Exclusive ion. Without prejudice to the foregoing, you may carry out teaching duties under the terms of Article 8 of Law No 19,863, exercise the rights that you personally concern, perceive the benefits of social security of an inalienable character and the emoluments which come from the administration of his estate. Article 109.-The Superintendence shall be subject to the audit of the Comptroller General of the Republic in respect of the examination of the accounts of entries and expenses. Article 110: The patrimony of the Superintendence will be constituted by: a) The contributions that the Law of the Budget assigns to it annually. b) The resources granted by special laws. (c) movable and immovable property, body and property, which is transferred or acquired to any title. d) The fruits, incomes and interests of their goods and services. e) The inheritances and legacies that you accept, which you will have to do with the benefit of inventory. Such hereditary allowances shall be exempt from any kind of tax and any charge or payment affecting them. (f) The contributions of international cooperation which it receives to any title. The Superintendence will be subject to the rules of Decree Law No. 1,263, of 1975, on the Financial Administration of the State, and its complementary provisions. TITLE IV of the Ministry of Education Article 111.-Amend Law No. 18,956, which restructures the Ministry of Education, in the following sense: 1) Replace Article 1, by the following: " Article 1 °.-The Ministry of Education is the Secretariat of State responsible for promoting the development of education at all levels and modalities, and is intended to ensure quality and equity of the education system; promote parvulary education and guarantee free access and tax funding to the first and second level of transition from parvulary education; finance a free system to guarantee access of the entire population to basic and basic education, generating the conditions for the permanence in the in accordance with the law; to promote the study and knowledge of the essential rights emanating from human nature; to foster a culture of peace, and to stimulate scientific and technological research, artistic creation, of sport and the protection and conservation of cultural heritage. It is the duty of the State that the system integrated by the educational establishments of its property provides a free and quality education, founded on a secular public educational project, that is, respectful of all religious expression, and pluralist, to allow access to the entire population and promote social inclusion and equity. The Ministry, in its capacity as the governing body of the National System of Quality Assurance of Education, will have to develop an Annual Plan of Assurance of the Quality of Education and to carry out the coordination of the organs of the State which make up such a system, in order to ensure efficient and efficient management. It shall also give public account of the results of the plan. ' 2) Amend the second article in the following direction: (a) Replace (c) the following: "(c) Maintain a system of supervision of pedagogical technical support for educational establishments." (b) Add the following new point (g), passing the current point (g) to (h): " g) instruments, develop strategies and implement, by itself or through third parties, educational support programmes. "3) Intercalanse, following Article 2, the following Articles 22a and 2b, new:" Article 22a.-Without prejudice to the functions identified in the previous article, shall also be the responsibility of the Ministry: a) Develop curriculum and curricula and study programs for the approval of the National Board of Education. b) Develop the standards of student learning, the other indicators of educational quality, and the indicative standards of performance for holders and educational establishments. c) To formulate the standards of teaching performance and managers that will serve as guidance for the elaboration of the evaluations considered in the decree with force of law No. 1, of the Ministry of Education, 1997, which fixes the recast text coordinated and systematized of law No. 19.070, which approves the Statute of Education Professionals and for the validation of the mechanisms for the evaluation of teachers of the classroom, technical-pedagogical and managerial teachers who present voluntarily to the Agency for the Quality of Education the paid private educational establishments and supported and the complementary assessment systems of the municipal sector, municipal corporations or other entities created by law. d) Propose and evaluate policies and design and implement educational technical support programs and actions for teachers, management teams, education assistants, and educational establishments in order to promote improvement of the performance of each of these educational actors and the development of technical and educational capacities of the school institutions and their supporters. e) Propose and evaluate policies regarding initial and continuing teacher training. f) Determine, in coordination with the Education Quality Agency, the plan of national and international measurements of students ' learning levels. (g) Develop statistics, indicators and studies of the education system in the field of its competence, and make available to the public the information to be collected by the exercise of its functions. This information will be public and open for anyone interested in consulting it. The confidentiality safeguards of the individual results shall be guaranteed in accordance with the law. h) Establish and administer public records to be determined by law. (i) to implement the penalties provided for by the Superintendence of Education or, where appropriate, to apply sanctions in areas which determine the laws. Article 2b.-In compliance with the duty of the State referred to in Article 4 (8) of Law No 20.370, General Education, it shall be for the Ministry of Education to provide educational technical support to the establishments educational and promote the professional development of teachers. Such functions may be carried out by the Ministry, by itself or through third parties chosen by the holder of the registered subjects in accordance with Article 18, literal (d). However, the Ministry of Education will provide the technical support directly when requested by holders who are municipalities, corporations or other entities created by law or who receive State support. " 4) Eliminate, in the article 4th, the expression "Chief of the Ministry and". 5) Intercalase, in article 6, following the expression "of the Minister", the phrase "and the Administrative Chief of the Ministry". 6) Add in Article 7 °, following the single point, which becomes first, the following incissos, new: " This division will have a unit responsible for providing pedagogical technical support to educational establishments supported and supported by the State and its supporters, ensuring the continuous improvement of the quality of the educational service provided by them. For the performance of this function, 1. Develop strategies, develop instruments and implement educational support programs. 2. Identify and disseminate best practices in pedagogical, curricular, administrative and institutional management. 3. To certify the quality of pedagogical entities and external support techniques. 4. To provide information to the educational community in order to ensure the quality of the external technical support entities. The support work carried out by this unit must be focused on those establishments with the greatest need for support according to the law created by the National System of Quality Assurance in Education, in those sectors. (b) where there is less availability of pedagogical technical support, and in public and free establishments. "7) Reposition Article 15 by the following:" Article 15.-Corresponding to the Regional Ministerial Secretariats planning, normalizing and monitoring the pedagogical support provided, where appropriate, in the establishments located in their jurisdictional territory, with the aim of ensuring compliance with educational objectives and policies and their correct adaptation to regional needs and interests. In addition, they shall be responsible for all the functions and powers conferred on them by the laws, in particular on technical and pedagogical matters and those relating to the inspection of the payment of subsidies. ' 8) Article 16, as follows: " Article 16.-The Provincial Departments are functional and territorially deconcentrated bodies of the Regional Ministries of Ministerials, which are responsible for coordinating the pedagogical technical support provided in the educational establishments subsidized and covered by Decree-Law No 3,166 of their (9) It incorporates the following Title III, new, passing the current Title III to be IV, with Articles 17 to 23 being ordered as Articles 21 to 27: " TITLE III Of the information requirements, of the School Sheet and the Article 17.-For the purposes of the records set out in the law, the holders shall provide all the information requested by the Ministry of Education, including the charges made in the establishments in which they are procedure, and all public information is to be considered as well The European Commission has been able to produce a report on the quality of education and training in the European Union. On the basis of the information referred to in the previous subparagraph, the Ministry of Education shall draw up a School Sheet summarising the information relating to each educational establishment. The School Card will be published on the website of the Ministry of Education. A regulation shall determine the form, modality and periodicity in which the information set out in this Article shall be required and published. Article 18. The Information Records shall include the following: (a) Registration of the Sholders, which shall include the constancy of their legal personality, legal representative, establishments which they administer and the history of infringements, if has. In the case of a grant or state contribution, you must also be informed about the origin and the amount of all the resources received. (b) Registration of Officially Recognized Establishments, where the name and address of the educational establishment, identification of the holder and legal representative must be included, constancy of the administrative act by means of which it was granted the official recognition and its date, level of education and modality and the relevant information on pupils, managers, teachers and education assistants. It should also provide for indicators of efficiency and internal efficiency and sources of resources and the amount of resources. In the case of establishments that receive grants or state contributions, they must also include the individualization of the members of the School Board and information on the Educational Improvement Plan, if they have it. (c) Registration of Teachers, which shall include the name, titles, particulars and the improvement made, the learning sector, courses and educational establishment where it is carried out and other background related to the suitability to exercise the profession, in accordance with the law. The information to be produced must be provided by the holder for whom the teacher works. d) Public Registry of Pedagogical Entities and Support Techniques, which will be certified to support educational establishments and for the elaboration and execution of the Educational Improvement Plan. A regulation shall lay down the requirements and standards for certification that will permit entry and stay in the register, as well as an adequate identification of the persons or technical entities and the specialties they offer and the a background relating to the quality of the services which they have provided. It shall also establish the procedure for certification, the duration of the certification and the causes of loss. Article 19.-The Ministry of Education shall administer and maintain with up-to-date information the records indicated in the preceding article, establishing instructions on the categorizations and forms of delivery of the same. For the purposes of the information requirements referred to in this Title, the Ministry of Education shall seek due coordination with the Education Quality Agency and the Education Superintendence in such a way as to ensure that the are easy to understand, do not double and do not alter the normal functioning of educational establishments. The supply of information from the registers referred to in this Title shall be subject to the requirements laid down in laws No 20.285 and No 19,628, in so far as it applies. Article 20.-The universities and professional institutes shall send the Ministry of Education to the Ministry of Education, the payroll of teachers entitled each year of their respective institution. In the case of teachers entitled to the entry into force of this law, they shall forward the information within a period of one year from their publication. ' TITLE V Other rules Article 112.-Introduces the following amendments in Law No 20.248, which provides for the preferential school grant: 1) Add in Article 5, following the locution of Titles I and IV of the Law of Grants ", the following:" and by those of the law establishing the National System of Quality Assurance of Education, in particular those referred to in paragraph 5 of Title III thereof. " 2) Amend Article 7 ° as follows: (a) Replace in point (a) the sentence "to the Ministry of Education" for the following: "to the Superintendence of Education, within the public account of the use of the resources," (b) Add in point (d) the following final sentence: " For the effects of this law will be understood that the Educational Improvement Plan is the same as the one referred to in the law that creates the National System of Quality Assurance of Education, without prejudice to the requirements of the formulation of the plan and the effects in the event of non-compliance, which shall be subject to the rules laid down in this law. " (c) Delete the following sentence in the first subparagraph of point (f) 'and shall update this information annually'. (d) Remove its third indent. 3) Replace the final article 8 ° by the following: " The Ministry of Education shall, on its own or through third parties registered in accordance with the provisions of Article 30, provide guidance and support for the preparation and implementation of the (4) Replace Article 9 ° by the following: " Article 9 °.-The establishments attached to the preferential subsidy scheme shall be ordered by the Agency for the Quality of Education in one of the categories and in the time limits referred to in Articles 17 et seq. of the law establishing the National System of Quality assurance of education. The holders shall have the right to challenge the organisation of their establishments in accordance with the provisions of Article 19 of the law referred to in the preceding paragraph. ' (5) Rule 10. (6) Substitute Article 11 by the following: " Article 11.-In order to permit the ordination referred to in Article 9 of this Law, of those establishments whose registration is insufficient for the purposes of carrying out statistical inferences The mechanism provided for in article 18 of the law that creates the National System of Quality Assurance of Education will be used. In addition, the Ministry of Education will consider the special characteristics, according to their needs, of the rural educational establishments uni, bi or tri teachers, as well as those who are multigrade or in isolation, with the to guide pedagogical support in the preparation of the educational improvement plan for these establishments and their implementation, where appropriate. In the case of the educational establishments referred to in the preceding paragraphs, the Equal Opportunities and Educational Excellence Convention established by Article 7 may propose the networking, in collaboration with other establishments of similar characteristics and geographical proximity, in accordance with the procedures laid down in the Regulation. The Ministry of Education, at the request of the municipalities, should propose and support, when requested, Educational Improvement Plans to be jointly developed between educational establishments of different communes. " 7) The second and third points of Article 12 are: " The Regional Ministerial Secretariat for Education, during the months of September and October, as provided for in the Regulation, will analyse the situation of each educational establishment which has run. The Education Quality Agency shall inform the Regional Ministerial Secretariat of Education on the management of the establishment, and shall be notified to the holder in a personal capacity or by a certified letter. However, if the Regional Ministry of Education, within the month of October, does not issue a statement regarding the application of the educational establishments referred to in the previous paragraph, the establishment may request that the background is high before the Under-Secretary of Education, who must resolve within 15 working days from receipt of the background. " 8. Rule 13. 9. in Article 14, delete the sentence: "in the resolution of the Regional Minister for Education". (10) Enter the following amendments to Article 17: (a) Substitute the first subparagraph by the following: " Article 17.- establishments incorporated into this subsidy scheme shall receive pedagogical support in the form laid down in Article 2 (b) of Law No 18,956. The Superintendency of Education shall verify the fulfilment of the obligations referred to in this law, according to the category in which the establishment has been ordered, according to the procedures, periodicity and indicators specified. Without prejudice to the foregoing, the Ministry of Education may verify compliance with the Educational Improvement Plan referred to in Article 7 (d). " (b) Remove the second subparagraph. 11. Amend Article 18 as follows: (a) Substitute the second subparagraph by the following: " The management of these establishments shall be carried out by the Education Quality Agency according to the learning outcomes of the students, depending on the degree of compliance of the students. learning standards, referring to the general objectives outlined in the law and their respective curricular bases, and to the degree of compliance with the other educational quality indicators proposed by the Ministry of Education and approved by the Ministry of Education. National Board of Education. ' (b) Eliminate the third subparagraph. 12) Eliminate , in Article 19 (1), the sentence ", which must be approved by the Ministry of Education,". (13) Amend Article 20 as follows: (a) Remove the expression "approved by the Ministry of Education" in the fifth indent Education. " (b) Substitute the sixth indent by the following: " To count on the second year of validity of the agreement, the contribution referred to in the fourth indent shall be suspended if the Ministry of Education, in accordance with the procedure laid down in Article 17, (c) Replace in the eighth indent the expression "The regulation to which it refers to Article 3" by "An instruction of the Superintendence of Education". (14) Substitute Article 21 for the following: " Article 21.-The Ministry of Education shall verify compliance with the Educational Improvement Plan which is a constituent part of the Equal Opportunities and Educational Excellence Convention. The Agency for Quality of Education, as part of the evaluation of indicative performance standards for the establishments and their holders referred to in article 6 ° of the law that creates the National System of Assurance Quality, will provide guidelines for the improvement of the Educational Improvement Plan and its implementation. Without prejudice to the provisions of the first subparagraph, the Superintendency of Education shall evaluate annually the fulfilment of the legal obligations established by the Convention of Equal Opportunities and Educational Excellence by the holder for each Emerging educational establishment. The Superintendence must submit a report which will incorporate the information derived from the exercise of the powers referred to in the incisos preceding the holder and the Director of the respective establishment, who must put it in knowledge of the school community through the School Board, without prejudice to be recorded on the website of the Superintendence. "15) Replace Article 22 by the following:" Article 22.-The Agency for Quality of Education carry out the management of these establishments according to the learning outcomes of the students, depending on the degree of compliance with the learning standards, referring to the general objectives outlined in the law and their respective curriculum, and to the degree of compliance with other indicators of educational quality proposed by the Ministry of Education and approved by the National Board of Education. " 16) Amend Article 23 as follows: (a) Replace the phrase "The Ministry of Education, by means of a resolution of the Regional Secretary of Education," by "The Agency for the Quality of Education", and replace the final sentence with the following: " (b) Replace the second indent by the following: "They shall also be the subject of the second paragraph of the second paragraph of Article 2 of Title II of Title II of the Law establishing the National System of Quality Assurance of Education." classified in the category of Educational Establishments in Recovery, the establishments The Ministry of Education and the Ministry of Education, the Ministry of Education, and the Ministry of Education, the Ministry of Education, and the Ministry of Education, the Ministry of Education, and the Ministry of Education. The same classification will be given to those emerging educational establishments which, having a plan, do not apply it, a situation that will be checked by the Ministry of Education through the provisions of the first paragraph of Article 17. The change in the classification of the establishment shall be carried out by means of a resolution. ". 17) Eliminate in the final paragraph of Article 24 the sentence" and may be appealed to the Assistant Secretary of Education within the period of 15 days from the date of notification '. (18) Article 25 is replaced by the following: "Article 25.-Schools which are classified as" in recovery ", in conjunction with Article 23, may challenge their classification in the manner set out in the second and second subparagraphs. Article 19 of the law establishing the National System for the Assurance of Quality of Education. ' 19) Amend Article 26 as follows: (a) Replace the number (2) of the first indent by the following: " 2. the Educational Improvement Plan for "recovering" educational establishments. It shall be drawn up or executed, at the choice of the holder, with the support of the Ministry of Education or by any of the persons or entities in the register referred to in Article 30. The Educational Improvement Plan for "recovering" educational establishments will cover both the administrative and management area of the establishment and the learning process and its practices; and it must be prepared before the beginning of the (b) Replace in the second paragraph of the numeral 3) the phrase "the Education Quality Assessment Report" by the following: " The Educational Improvement Plan for establishments educational "in recovery". c) Add the following final point: " This plan may take into account the guidelines of the Education Quality Agency, as part of the evaluation of indicative performance standards for the establishments and their (a) the holders referred to in Article 6 of the law establishing the National System for the Assurance of Quality of Education. ' (20) Eliminate the sixth paragraph of Article 27. 21. Amend Article 28 in the following sense: (a) Replace the second indent by the following: " On the other hand, if the recovery establishment fails to achieve those objectives within the prescribed period, the Education Quality Agency shall inform all the members of the school community of the the fact that the establishment has not achieved the expected academic results and will offer the families of the same the possibility of seeking another educational center and transport facilities for their access, which will be regulated via decree signed by the Ministry of Education and the Ministry of Finance. This communication shall be carried out by the Agency for the Quality of Education by registered letter to each of the establishment's proxies and families. Such communication may be effected by any other means which the Ministry of Education determines, provided that the aim is to inform each of the representatives and families of the establishment directly. " (b) third, for the following: " If the objectives referred to in the first subparagraph are not achieved, the establishments shall be affected by the mechanism of revocation of the official recognition provided for in Articles 30 and 31 of the law establishing the National System of Quality Assurance of Education. " (c) Rule out the fourth indent. 22. Amend Article 29 in the following sense: (a) Subparagraph (a), (c), (h) and (i). (b) Remove in point (b) the sentence ", and verify compliance". (c) to replace the letter (e) with the following: " (e) to maintain a system of pedagogical technical support for educational establishments, in themselves or through third parties, of those incorporated in the register referred to in Article 30. However, the Ministry of Education shall provide the technical support directly when requested by such persons as municipalities, corporations or other entities established by law or who receive State support. " 23) " Article 30.-They shall be entitled to provide pedagogical technical support to educational establishments concerning the elaboration and implementation of the Educational Improvement Plan referred to in Articles 8, 19, 20 and 26 those persons or entities that meet certification standards for to integrate the Public Registry of Pedagogical Entities and Support Techniques administered by the Ministry of Education in accordance with Article 18 (d) of Law No. 18,956. Persons or entities which, incorporated in the register referred to in the preceding paragraph, provide advice to educational establishments which repeatedly obtain unsatisfactory results in accordance with the provisions of the referred to in Article 18 (d) of Law No 18,956, shall be removed from the Public Registry of Persons or Pedagogical Entities and Support Techniques. Holders may be associated with each other in order to receive technical support from a registered person or entity. The costs of each person or pedagogical and technical support entity will be paid by the holder who requires his/her services. They shall govern with respect to these persons or entities the inability of articles 54 and following of the decree with force of law No. 1-19,653, 2001, which fixes the recast, coordinated and systematized text of Law No. 18,575, Constitutional Organic General bases of the State Administration. ' 24) Rule 32. (25) Amend Article 34, in the following sense: (a) Add in its heading, following the expression "Grants,", the phrase " and those referred to in paragraph 5 of Title III of the law establishing the National System of Assurance of the Quality of Education, ". (b) Take precedence in numeral 3) the expression", and " (c) Remove its numeral 4). 26) Replace the first paragraph of Article 35 by the following: " Article 35.-Violations of this law shall be sanctioned and shall be in accordance with the procedure laid down in paragraph 5 of Title III of the law establishing the National System of Quality assurance in education. '27) Replace in Article 36 the phrase' IV of the European Community '. (iii) the phrase 'in Article 9 (a)' shall be replaced by the words 'in Article 9' by 'Article 9' shall be replaced by the words 'in Article 9 (a) of the first paragraph of Article 9'. 29. In the first paragraph of Article 2, the phrase "in Article 9 (c)" shall be replaced by "in Article 9 °". 30) Rule 11 of the transitional article. Article 113.-Amend the decree with force of law No. 2, of the Ministry of Education, of 1998, on Subsidy of the State to Educational Establishments, as follows: 1) Intercalase in its article 1, following the expression "this law", the following text: "and by those of the law establishing the National System of Quality Assurance of Education, in particular those referred to in paragraph 5 of its Title III." 2) Amend Article 2 as follows: (a) Substitute in the second subparagraph the sentence: "A natural or legal person", as follows: "A legal person". (b) Replace the third indent by the following: " The legal representative and the administrator of the holding entities of educational establishments shall comply with the following requirements: (i) being in possession of a professional or bachelor's degree, of at least 8 semesters, awarded by a university or professional institute of the State or recognized by the State; (ii) Not having been punished with the inability to be a holder, by have committed any of the serious offences referred to in Articles 50 of this Law and 76 of the law establishing the National System of Quality Assurance of Education; (iii) Not having been convicted of crime or simple crime; especially for those referred to in Title VII of Book II of the Penal Code and the law No. 20,000, which sanctions (c) Substitute the fourth indent by the following: "The members of the board of the holding legal person shall also comply with the requirements set out in points (b) and (c) of the preceding paragraph." 3. Substitute Article 5 ° by the following: " Article 5.-The grant, tuition fees, education rights and donations referred to in Article 18, in the part used or invested in the payment of remuneration of the staff; in the administration, repair, maintenance or extension of the facilities of the (b) any other investment for the service of the teaching function will not be affected by any tribute of the Law on Income Tax. Annually, the holders will have to submit the information requested by the Superintendency of Education regarding the items indicated in the preceding paragraph, in which they used the resources that they received for the grant during the previous teaching year. For the purposes of the accountability referred to in paragraph 3 of Title III of the law establishing the National System of Quality Assurance of Education, the holders shall maintain, for a minimum period of five years, a the provision of the Superintendence of Education and the educational community, through the School Board, the annual state of results that account for all the income and expenses of the period. Failure to comply with the obligation referred to in the second subparagraph shall be punished as a fault, in the terms of Article 73 (b) of the law establishing the National System of Assurance of Quality of Education. In the meantime, failure to comply with the obligations laid down in the third subparagraph shall constitute a serious infringement of Article 50 of this Law. In both cases, the procedure laid down in paragraph 5 of Title III of the law establishing the National System for the Assurance of Quality of Education shall apply. " (4) Enter the following amendments to Article 6: (a) Substitute point (a), as follows: '(a) Having official recognition of the State, for having complied with the requirements laid down in Article 46 of Law No 20.370.'; (b) Substitute in point (d) bis the sentence "of Law No 18.962", "of Law No 20.370". (c) Replace in the second subparagraph of Article 6 (f) the locution: "If the holder is a legal person, none of its members, directors or members, if any," by the following: " None of the legal representatives and administrators of holding entities of educational establishments. " 5. in the third paragraph of Article 9 (3), the words "the professional who has the quality of the holder" shall be replaced by the following: "the professional who has the quality of the partner, legal representative or administrator of the holding legal person"; and the sentence: "of a holder of the same establishments.", by the following: "of a partner, legal representative or administrator of the holding entity of the same establishments." (6) The final paragraph of Article 15 shall apply. 7. Rule 19. (8) Substitute, in the second paragraph of Article 22, the final sentence of the following: "The infringement of this obligation shall be deemed to be less serious." 9. Replaced, in the fifth and sixth subparagraphs of Article 26, the sentences " to the Ministry of Education "by" to the Superintendence of Education ". 10) Introduces the following amendments to Article 50: a) Substitute, in its first indent, the expression" Ministerial Regional Secretaries "by" the Regional Directors of the Superintendence of Education ". (b) The following amendments are inserted in the second indent: (i) Replace the literal (d) by the following: "(d) Do not comply with the provisions of Article 11 of Law No 20.370." (ii) Substitute in (e) the words "Articles 64 and 65" by "Article 64 of this Law". (c) First, in its third indent, the literal (i) which appears first. 11. Articles 52, 52a and 53 shall be deleted. (12) Intercalase, in the first paragraph of Article 54, following the sentence "by way of resolution", the following: "and after favourable report of the Superintendence of Education". 13) Replaced, in the first and third subparagraphs of the Article 55, the expressions "to the Ministry of Education" and "the Ministry of Education", for "to the Superintendence of Education" and "of the Superintendence of Education", respectively. 14. Articles 65, 66 and 67 shall be deleted. 15. 'for the purposes of Articles 50 and 52 of this legal body', delete the phrase 'for the purposes of Articles 50 and 52 of this body'. 16) Rule 12 of the transitional article. TITLE VI Final provisions Article 114.-The time limits for the days laid down in this law are business days, on the understanding that they are not working on Saturdays, Sundays and holidays. Article 115.-In cases not covered by this law, the supply of information required to these bodies shall be subject to the procedure laid down in Articles 12 and following of Law No 20.285 on access to public information. Article 116. For the purposes of this law, establishments receiving contributions from the State are considered to be governed by Decree Law No. 3,166 of 1980. Article 117.-The greatest tax expense that the application of this law represents will be financed from the budget of the Ministry of Education and, in what will be missing, from the budget item of the Public Treasury. Article 1.-The President of the Republic shall be empowered to, by means of a decree with the force of law issued by the Ministry of Education, which must also be signed by the Minister of Finance, the Regional Directorates and Offices of the Education Superintendency and the Education Quality Agency, defining their powers, functions and the geographical scope of each of them. Article 2.-The Ministry of Education shall have a period of three years, counted from the entry into force of this law, to present the standards of learning, performance indicators and other indicators of educational quality to the Council. National of Education. However, this time limit will be one year to present the learning standards of at least one of the courses evaluated by the national measurement system. Article 3.-The President of the Republic shall be empowered to, within a period of one year from the date of publication of this law, by means of one or more decrees with force of law issued by the Ministry of Education, which shall also must be signed by the Minister of Finance, set the staff plants of the Superintendence of Education and the Agency for Quality of Education. In the exercise of this power, the President of the Republic shall issue all the necessary rules for the proper structuring and operation of the personnel plants to be established, the number of charges for each plant, as well as the requirements specific to the performance of the same, their denominations and hierarchical levels for the purposes of the application of the provisions of Title VI of Law No. 19,882 and in article 8 ° of the decree with force of law No. 29, of the Ministry of Finance, 2005, as appropriate; and the maximum allocations of staff of each institution, which shall not be affected by the limitation set forth in the second paragraph of article 10 of the decree with force of law No. 29, of the Ministry of Finance, of 2005. Similarly, the President of the Republic shall lay down the rules necessary for the fixing of variable remuneration, in its transitional application and shall lay down the rules for the establishment of staff of plants to be fixed and transfers. to practice. In the case of the establishment of a legal framework, the Commission may, in accordance with Article 1 (1) of the plant and to hire that being qualified in list 1, of distinction, have been performed in this last quality during, at least, two years prior to the pigeonhole. However, the requirements to be established in the exercise of this power shall not be enforceable in respect of those who, at the date of entry into force of the law or the decrees with the force of law referred to in this Article, perform at the Ministry of Education. of Education or its dependent services or which are related by its intermediary, either as a holder or as a contract, and are transferred pursuant to the second paragraph of Article 5 of the transitional article. By the same procedure, the President of the Republic will determine the date of entry into force of the plants to be established, of the pigeonage that he practices and the beginning of the functions of the Superintendence of Education and the Agency of Quality of Education. Article 4.-The President of the Republic shall appoint, temporarily and provisionally, in accordance with Article fifty-ninth of Law No 19,882, the Superintendent of Education and the Executive Secretary of the Agency for the Quality of Education, (a) who will immediately take over and as long as the relevant selection process is carried out, which establishes the law for the posts of the System of High Public Management. In order to open the contest for members of the Agency's Council, the Minister of Education shall have a maximum period of two months from the date of publication of this law. Article 5.-The positions of the staff plants and the employment contracts of the Superintendency of Education and of the Agency of Quality of Education will be provided through the transfer of personnel, plant or contract, from the Ministry of Education, services dependent on or relating to their intermediate, and by means of competitions according to the following points. The provision referred to in the preceding subparagraph shall be made by transfer in respect of persons who perform in quality of plant or contract in office which, by virtue of this law, shall be fully carried out by the Superintendence of Education or the Quality Agency of Education. In addition, persons carrying out positions in administrative and auxiliary plants in the Ministry of Education or dependent services or who are related by their intermediate and postulate and are in accordance with the provisions may be transferred. set out in the seventh transitional article. The other charges shall be provided by means of public tenders which shall be subject to the general rules of the Administrative Staff Regulations and their regulations and, where appropriate, to the provisions of the transitional Article 7. Equal conditions of the applicants will be given priority to those who perform in the Ministry of Education and in the dependent services or which relate to their intermediate. However, the managerial posts of the Education Superintendence and the Agency for the Quality of Education will always be provided by public tender or in accordance with the provisions of Title VI of Law No 19,882, as appropriate. Article 6.-The President of the Republic shall be empowered to, within a period of one year from the date of publication of this law, by means of one or more decrees with force of law, issued through the Ministry of Education, they must also be subscribed by the Minister of Finance, determine the staff who, according to the provisions of the second and third points of the previous article, will be transferred to the Superintendence of Education and the Agency of Quality of the Education. In the transfer, the staff shall maintain the legal quality of the positions it performs and the degree to which it has the date of the transfer, unless it occurs between institutions assigned to different scales of basic salaries, in which case it will be carried out in the the total remuneration is the closest to the one perceived by the official transferred. The transfers will be performed without continuity solution. The functions and budgetary resources to be released for this purpose shall also be transferred. Charges served in the Ministry of Education and dependent services or relating to their intermediate, by officials transferred pursuant to the second indent of the previous Article, shall be abolished in full by the Ministry of Education and the Ministry of Education. the law to count on the total processing of the administrative act that has it. Similarly, the maximum allocation will be reduced in the number of people transferred. The personnel of the plant who come from the Ministry of Education or dependent services or who are related by their intermediate, who are transferred under any of the modalities that set this law will not be applicable the norms of the Articles 45 and 107. Transfers of personnel under any of the procedures laid down by this law may not be considered as a cause of service termination, removal of charges, termination of duties or termination of the employment relationship. Past staff. It shall also not be able to import change from the usual residence of officials outside the Region in which they are providing services, except with their consent. Similarly, it will not, under any circumstances, mean a reduction in remuneration or modification of the rights of the officials transferred. Any difference in remuneration must be paid by an additional payroll, which will be absorbed by future remuneration improvements that correspond to the officials, except those arising from general readjustments to be granted to workers in the public sector. Such a template shall maintain the same amount of imputability as that of the remuneration it compensates. Past officials shall retain the age allowance they have recognised, as well as the time taken into account for such recognition. In the respective decree with force of law that establishes the plants will be determined the number of officials that will be transferred by estamento and legal quality. The individualization of the staff transferred will be carried out by decrees issued under the formula "By Order of the President of the Republic" through the Ministry of Education. Article 7-Contests to be carried out in accordance with the third indent of the fifth transitional article shall be called by the Deputy Secretary for Education, directly or using the procedure laid down in Article 23 of the Staff Regulations Administrative and subject to the procedure laid down in the following points. The Education Sub-Secretary shall define, in conjunction with the Superintendent of Education or the Executive Secretary of the Education Quality Agency, as appropriate, the specific factors, subfactors, competencies or aptitudes to be considered, can be fixed by charges or group of charges or functions. Without prejudice to the provisions of Title II of the Administrative Statute, the contest shall, at the very least, follow the following basic rules: (a) The call shall specify the charges, the requirements, the functions to be performed and the locality in which the vacancy is located. (b) The provision of the charges for each plant shall be made, in each grade, in descending order, in accordance with the score obtained by the applicants. (c) In the event of a tie, the Superintendent of Education or the Executive Secretary of the Education Quality Agency shall decide, as appropriate. The President of the Republic may be empowered to, by means of one or more decrees with the force of law issued by the Ministry of Education, which must also be signed by the Minister of Finance, dictate additional rules for the appropriate development of the competition. Article 8.-The President of the Republic, by decree issued through the Minister of Finance, will make up the first budget of the Superintendency of Education and the Agency of Quality of Education, including its glosas and the resources to be transferred for the purposes of the fifth transitional article, and those associated with the units whose functions are transferred by this law to the Agency for the Quality of Education and to the Superintendence of Education. Within a maximum of 15 days after forming these budgets, the Executive Branch will report to the Finance Committees of the Chamber of Deputies and the Senate, sending a copy of the respective decrees. Article 9.-By means of a supreme decree issued through the Ministry of National Assets, which the Minister of Education must also subscribe, the movable and immovable property to be transferred to the Ministry of National Property shall be determined Superintendence of Education and the Quality Agency of Education. The Superintendent of Education and the Executive Secretary of the Agency of Education Quality will require the corresponding repartitions of the inscriptions and annotations that proceed, with the only merit of the supreme decree mentioned above. Article 10.-The officials of plant and contract of the Ministry of Education or dependent services or which are related by their intermediate, which are transferred under any of the modalities fixed by this law, will be able to preserve their affiliation to the associations of officials and the welfare services of their institutions of origin. Such affiliation shall remain in force until such time as the institutions to which they have been transferred have constituted their own welfare associations or services. However, after two years from the date on which these institutions are fully operational in accordance with the provisions of the law or decrees referred to in the third transitional article, esara, by the sole ministry of law, its affiliation to the associations of officials and the welfare services of the institution of origin. Article 11.-The references which the laws, regulations and other legal norms make to the classification in the categories indicated in the current article 9 ° of the law N ° 20,248 shall be understood, from the entry into force of the present law, equivalent to the ordination in the categories set out in Article 17, according to the following table: Autonomous High Performance. Emerging Average Performance. Medium-Low Performance. In Recovery Insufficient Performance. Those who, at the time of publication, are part of the Public Registry of Persons or Pedagogical Entities and Support Techniques established in Article 30 of Law No 20.248 shall be transferred to the new register established in Article 18, letter (d) of Law No 18,956. Such persons or entities shall have a period of 18 months from the date of the regulation referred to in Article 18 (d) of Law No 18,956 in order to comply with the obligations laid down therein. In the event of non-compliance with these obligations, persons or entities shall be removed from the register. Article 12.-The ordination of establishments affected by Law No 20.248 shall continue to be governed by the provisions of the first and second transitional articles of the said law as long as the new standards of learning and other indicators of educational quality to which this law refers. Article 13-The amendments referred to in Articles 112 and 113, as regards the allocation of powers to the new institutions which are part of the National System of Quality Assurance in Education, only shall enter into force when those institutions are fully operational in accordance with the provisions of the law or decrees referred to in the transitional third article. Article 14-Facultete the President of the Republic so that, by means of one or more decrees with force of law, issued by the Ministry of Education, which in addition must be subscribed by the Ministry of Finance, dictate the necessary norms to modify the functions of the dependent services or institutions related to it, which under this law will be fully carried out by the Agency for the Quality of Education or the Superintendence of Education, adapting its organic in whatever is relevant. Article 15.-The establishments that provide parvulary education, which receive contributions from the State and which do not have the official recognition of the State, will have an eight-year period of time to count on the entry into force of this law for to obtain such recognition. After that period, the educational establishments of parvulary education which do not have such recognition shall not be able to receive resources from the State for the provision of the educational service. " Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 11 August 2011.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Felipe Bulnes Serrano, Minister of Education.-Felipe Larraín Bascunan, Minister of Finance. What I transcribe to you for your knowledge.-Salutes intently to Ud., Fernando Rojas Ochagavia, Undersecretary of Education. Constitutional Court Bill on the National System of Quality Assurance for Parvulary, Basic and Medium Education and its Audit (Bulletin No. 5083-04) The Secretariat of the Constitutional Court, who subscribes, certifies that The Senate of the Republic sent the bill enunciated in the rubric, approved by the National Congress, in order that this Tribunal, exercise the control of constitutionality with respect to the norms that regulate own matters of constitutional organic law that it contains, and that by judgment of 4 August 2011 in the cars Rol Nº 2.009-11-CPR. It Is Declared: 1. That, however, this court does not rule in preventive control of constitutionality on the following provisions of the draft law submitted, because it does not contain rules of the Constitutional Organic Law: articles 9, 10, 11, 19, first, 34, 35, 41, points (c), (d), (e), (f), (h), (i), (j), (k), (l), (m), (n), (n) and (o), 42, 43, 45, 47, 48, 49 (a), (c), (d), (e), (f), (g), (h), (i), (g), (n), (m), (p), (q), (r) and (s), 84, 85, second, third and fourth, 98, 101, 102, 103, 104, 108 and 112 of the alluded to the proposed law; 2. That are constitutional and constitutional the The following provisions of the Draft Law referred to: Articles 1, 3, points (a), (b) and (g), 4th, first, 19th, second, in the part that provides: " Such a decision may be challenged by the administrative resources specified in the law No. 19,880, and third, 32, 33, 38, 41, letters (a). (b) and (g), 49 (k), 50, 73 (c), (d), (e) and (f), 74, 76 (c) and (d), 81, in the part which reads: 'neither the revocation of official recognition of the State', 83, 85, fifth indent, and 94 shall be declared in accordance with the Political Constitution; 3. That the following provisions of the draft law submitted, in the understanding that is indicated in each case, are constitutional and constitutional: Article 19, third, in the understanding that does not undermine the right to claim, since only creates a fictitious replacement for the Executive Secretary, in circumstances which does not give rise to the contested act, in addition to extending the possibility of deducting the hierarchical remedy before the Council from a case which, in the terms explained, Article 49, point (b), in the understanding that, without prejudice to the provisions of the Treaty, The tax authority that this precept confers on the Superintendency of Education, the powers of oversight that correspond to the Comptroller General of the Republic in relation to the use of public resources, remain subsisting. 85, first paragraph, in the understanding that the action of a complaint which it provides is without prejudice to the other constitutional and legal remedies and actions which it has taken; Article 110, in the understanding that it is without prejudice to the other the powers of the Comptroller General of the Republic; and 4. That the part of Article 19, second indent, of the draft which states "only by virtue of any error of information or procedure which is decisive in the ordination of the educational establishment" and Article 86 thereof, is unconstitutional; so they must be removed from the text of the draft law submitted. Santiago, August 5, 2011.-Marta de la Fuente Olguin, Secretaría.