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ESTABLISHES THE GENERAL LAW OF EDUCATION " N

Original Language Title: ESTABLECE LA LEY GENERAL DE EDUCACIÓN

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LAW NO. 20,379 CREATES THE INTERSECTORAL SOCIAL PROTECTION SYSTEM AND INSTITUTIONALIZES THE "CHILE GROWS WITH YOU" CHILD PROTECTION SUBSYSTEM. Law: TITLE I of the Intersectoral Social Protection System Paragraph 1 Concept, components and beneficiaries Article 1.-The Intersectoral System of Social Protection, hereinafter "the System", is a management model constituted by the actions and social benefits implemented and coordinated by different State bodies, for the most vulnerable social and economic population, and which require concerted action by these bodies in order to gain access to better living conditions. The Ministry of Planning shall be responsible for the administration, coordination, supervision and evaluation of the implementation of the System. Article 2.-The System shall be composed of different subsystems, in accordance with the provisions of paragraph 2 of this Title. For the purposes of this law, the subsystem shall mean the set of actions and social benefits implemented and coordinated intersectorally by different agencies of the State, focused on the same group of persons and, or families, in situations of socio-economic vulnerability. The system and the subsystems shall be subjected to evaluation of results, including cost effectiveness analysis, by an entity outside the State agencies that execute and coordinate the actions and social benefits they offer, in accordance with the instructions for this effect to be provided by the Budget Directorate. For the above, each subsystem must design and put into operation an information mechanism that allows relevant and relevant background for the monitoring of the progress and results of its implementation. Copies of the final reports of these evaluations should be sent to the National Congress and published on the website of the Budget Directorate and the Ministry of Planning. Paragraph 2 of the Subsystems Article 3.-The System shall be constituted by the following subsystems: (a) "Chile Solidarity", governed by Law No. 19,949. b) Integral Protection of Children-"Chile Grows With You". (c) Those who are incorporated in accordance with the following article. Article 4-Subsystems shall comply with the following requirements for incorporation into the System: (a) To tend to a group of families and, or persons, of a homogeneous nature, clearly identifiable and socially vulnerable, according to the determine the instrument of socioeconomic characterization. (b) to have an axis programme, that is, an action or social benefit which determines such access. c) Deliver specific social benefits or benefits that have been created by law. (d) Design and carry out social actions and benefits that require coordinated management intersectorally by different public bodies, and whose implementation is preferably municipal. (e) to respond to criteria of relevance for the benefits. (f) Consider measurement and evaluation procedures of at least product-level results, such as coverage of the attention paid, focus and quality. The subsystem shall design and operate the information mechanism referred to in the third indent of Article 2g. (g) To provide for the gradual withdrawal mechanisms of the beneficiaries of the subsystem. h) Dispose of a regional analysis of the social impact of the subsystem and its necessary adjustments to the reality of each region. The President of the Republic shall determine the incorporation of the new subsystems which meet the requirements set out in the previous paragraph, on the proposal of an Inter-Ministerial Committee believed for this purpose, and report of the Ministry of Planning drawn up for that Committee. In turn, the Inter-Ministerial Committee will have to ask an Advisory Council of the Intersectoral Social Protection System for a report based on the proposal to incorporate a new subsystem. The members of the Council shall be academic or professional in the areas of public policy and, or disciplines related to the subsystem, the regional diversity of the country being represented. The procedure for the appointment of the members of the Council and their operation shall be determined in the Regulation. The supreme decree creating the subsystem must be issued by the Ministry of Planning and, in addition, signed by the Minister of Finance. This decree must identify the target group and the procedure for access to the subsystem, benefits or social benefits that form part of it, the coordination mechanisms between the public bodies involved in the subsystem and the other rules necessary for its operation. The procedure referred to in the preceding subparagraphs shall also be used to terminate a subsystem where the subsystem has ceased to comply with any of the requirements laid down in this Article or to amend it when the results of the procedures laid down in point (f) so determine. Paragraph 3 of the Management Instruments Article 5.-The System will have an instrument that allows the socioeconomic characterization of the national population, as established by a regulation issued through the Ministry of Planning, in addition to the Finance Minister. Such an instrument should consider, inter alia, territorial characterization factors. The regulation will regulate the administration of the survey process at national and community level; it will establish the design, use and forms of application of the aforementioned characterization instrument; the processing of personal data according to the regulations (a) the application and use of the above-mentioned instrument of characterization. The administration of this instrument will be in charge of the Ministry of Planning. The person who provides, declares, delivers or consignes false information during the survey process for the application of the socioeconomic characterization instrument, will be punished with a fine of up to twenty monthly tax units, which will be applied by the competent local police judge. The product of it will go to the benefit of the corresponding municipality. Public or municipal officials shall respect the confidentiality of the information to which they have access, their adulteration or dissemination not authorized by the Ministry of Planning, as well as the entry of information. false during the survey process. The infringement of this provision shall be deemed to be a serious infringement of the principle of administrative probity and shall be sanctioned in accordance with the law. Article 6.-The Ministry of Planning shall implement and administer a National Register of Surveys, in which it shall register those persons, of age, who have received the certification of the necessary powers to provide such services in the application of the instrument referred to in the previous Article. The same Ministry shall carry out such certification, which shall have a national character and shall govern annually. Only those with valid certification will be able to perform as pollsters. Article 7.-For the operation of the System, as well as for the evaluation of the subsystems, the registration referred to in Article 6 of Law No 19,949 shall be used. Article 8.-The Ministry of Planning may conclude agreements with municipalities, with other organs of the State Administration or with private non-profit entities for the operation of the System. The agreements signed with the municipalities must comply with the provisions of the penultimate article of article 5 of Law No. 18,695, Constitutional Organic of Municipalities, whose consolidated, coordinated and systematized text was established by the decree with force of law No. 1, of the Ministry of the Interior, of 2006. TITLE II Of The Subsystem of Integral Protection of Children-Chile Grows With You Article 9.-Create the subsystem of Integral Protection of Children, called "Chile Grows With You", whose objective is to accompany the process of development of the children who care for the public health system, from their first pregnancy control and until their entry into the school system, at the first level of transition or their equivalent. Article 10.-The administration, coordination and supervision of "Chile Grows With You" shall be the responsibility of the Ministry of Planning, without prejudice to the powers and functions of other public entities. A regulation issued by the Ministry of Health and the undersigned, in addition, by the Ministers of Health and Finance, will establish the technical and methodological characteristics to be fulfilled by this subsystem and the other standards necessary for its operation. Article 11.-The axis of the subsystem in reference shall be that of "Support for Biosycosocial Development", which consists of the accompanying and personalized follow-up to the trajectory of the development of the infants who meet the requirements outlined above. in Article 9, the one that will be executed by the Ministry of Health. Article 12.-"Chile Grows With You" will guarantee the following benefits for children who present situations of vulnerability: a) Access to technical aids for children with disabilities. (b) Free access to a cot or equivalent arrangements. c) Free access to extended day kindergarten or equivalent modalities. (d) Free access to part-time children's garden or equivalent arrangements for children whose father, mother or keeper does not work outside the home. e) Access guaranteed to the "Chile Solidarity" families of children in gestation who are part of the families referred to in Article 1 of Law No. 19,949. For the purposes of accessing the benefits referred to in points (b) and (c) above, the mother, father or keepers of the children who so require must be working, studying or seeking work. In order to access the benefits referred to in points (a), (b), (c) and (d), the beneficiaries must also belong to households which integrate the most vulnerable 60% of the population of the national population, as determined by the instrument identified Article 13.-Article 13.-The "Chile Grows With You" subsystem, in accordance with the provisions of the regulation, will consider the multiple dimensions that influence child development, granting, in equal conditions, preferential access to the families benefiting from the offer of public services, according to the need for support for the development of their children, in programmes such as levelling of studies; dependent or independent labour insertion; improvement of housing and conditions of habitability; mental health care; dynamics family; judicial assistance; prevention and care of domestic violence and child abuse. Preferential access shall be to those receiving households belonging to households which are the most vulnerable 40% of the population of the population, as determined by the instrument referred to in Article 5, and which meet the requirements for access to the public service offer indicated in the previous paragraph. Transitional Articles Article 1.-For the years 2009 and 2010 the percentage laid down in Article 12 (3) shall be 40% and 50% respectively for the benefits referred to in points (b), (c) and (d) of the first subparagraph of that Article. The year 2011 will be 60%. Article 2.-The Ministry of Planning shall have a maximum period of six months from the entry into force of this law to implement the National Register of Surveys referred to in Article 6. Article 93 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Santiago, 1 September 2009.-MICHELLE BACHELET, President of the Republic.-Paula Quintana Melendez, Minister of Planning.-Andres Velasco Branes, Minister of Finance.-Alvaro Erazo Latorre, Minister of Health.-Monica Jimenez de la Jara, Minister of Education. What you communicated to you for your knowledge.-Eduardo Abedrapo Bustos, Assistant Secretary for Planning. Constitutional Court Project, approved by the National Congress, which creates the Inter-Sectoral System of Social Protection and Institutionalizes the Subsystem of Integral Protection to Children, Chile Grows With You. (Bulletin: No. 6260-06) The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, so that this Court would exercise control over the Article 5, second indent, of the same article. And that by judgment of 25 August 2009 in the cars Rol Nº 1456-09-CPR. I declare: 1. That the second item, article 5, of the draft submitted as soon as it grants a new jurisdiction to the Local Police Courts is constitutional. 2nd. That it is not for this Court to rule on the second paragraph of article 5, of the draft submitted as it regulates other matters other than that which has been referred to in the 1st Nº, for not being own of Organic Law Constitutional.-Rafael Larraín Cruz, Secretary.