Modify The Regime Of Day Daytime Comprehensive Schools And Other Legal Bodies

Original Language Title: MODIFICA EL REGIMEN DE JORNADA ESCOLAR COMPLETA DIURNA Y OTROS CUERPOS LEGALES

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"(Artículo 1º.-Introdúcense las siguientes modificaciones en la ley Nº 19.532: 1) (in article 1: to) Replace subparagraph first with the following:"educational daytime educational establishments governed by the decree with force of law No. 2, of education, 1998, the municipal sector (municipalities and municipal corporations) and individuals considered vulnerable socio-economic and/or educationally, must run " from the beginning of the 2007 school year, in the regime of day school full day for students in 3 rd through 8 th year of general education basic education and levels of 1st up to 4th year of secondary education. "."

(b) incorporate the following new second paragraph, passing the current second, third and fourth to be third, fourth and fifth, respectively: "the other subsidized private establishments must run in the daytime full school day scheme from the beginning of the 2010 school year.".

(c) replace, in the second paragraph, which has gone on to be third, "means the preceding paragraph" by "refer the preceding subparagraphs".
(d) replace, in the third paragraph, that happened to be fourth, the expression "the first paragraph" by "first and second subparagraphs" and the figure "2001" by "2006 or 2009, as appropriate".

(e) replace, in the fourth paragraph, which happened to be fifth, the expression "year 2002" by "beginning of the year 2007 or 2010, as appropriate.".

(2) add, in paragraph first article 3 °, after the separate, which is eliminated, the phrase "for the municipal sector.".

(3) add, then Article 3, the following article 3 bis, new: "article 3 bis.-to those establishments governed by Decree Law Nº 3.166, 1980, whose infrastructure is insufficient to join the regime of school day daytime with all of their students on the basis of the availability of classrooms, workshops, furniture and basic services, the Ministry of education may assign resources to overcome this deficit until the year 2006." However, furniture that is purchased and the infrastructure that is built or acquired with these resources, will be owned by the State Treasury, and will be subject to the same regime of administration of other goods delivered on the occasion of the management agreements already signed.
By Supreme Decree of the Ministry of education, which must be signed, in addition, by the Minister of finance, will be regulated the way in which these resources will be allocated. "."

((4) in article 4: to) Replace subparagraph first with the following: "holders of educational establishments referred to in article 1, whose physical plant is not enough to merge with all of their students to the school day scheme full daytime between the beginning of the school year of 1998 and until the end of the school year in 2009" they can be levied, from the first of the month following the date of publication of this law, a supplementary contribution for additional capital cost. This contribution will consist of an amount of resources to be delivered in one or more instalments, depending on the amount of the same, for a period of up to fifteen years. The contribution shall be used for the following types of interventions: construction of new settlements, recovery of existing establishments in the cases and conditions indicated by the regulation, habilitation, standardization or extension, to the acquisition of constructed buildings or to the acquisition of equipment and furniture. The contribution may not be used for the acquisition or rental of land. "."

(b) to be added as a new second paragraph, the following: "holders of educational establishments referred to in article 1 and the governed by Decree Law Nº 3.166, 1980, who have received contributions of capital for infrastructure may be put, out of the days or hours of co-curricular activities, its facilities at the disposal of the members of the school community and" as regulated, the community of the environment of the establishment, for training activities, cultural, sports and other educational and social benefit that expand communication and the contribution of such establishments to the community, according to the regulations that dictate to the effect the Ministry of education. In particular, municipal establishments, may open their computer workshops for educational outreach activities. "."

(c) replace, in the second paragraph, the expression "fifty" by "thirty".

(d) replace the third subparagraph by the following: "to access the delivery of contribution, holders who are not owners of the property on which runs the educational establishment, shall submit the corresponding public instrument, duly registered with the conservative real estate respective, enabling it to destine it to such use by a period corresponding to that which should constitute the mortgage and prohibition referred to in article 8 of this law. In the case of the municipal sector (municipalities and municipal corporations) establishments that operate in real estate tax, will not be required such authorization. "."

(e) replace the fifth subparagraph by the following: "these maximum values will be fixed in the regulation, in accordance with the number of students who may not be served in full-time school day in settlements in deficit, the type of intervention required, built acquisition mode, the location, the type of education that teaches, topographic terrain and the mode of delivery of the contribution features , which will be fixed in monthly tax units to date laying down the bases of each contest. "."

(f) merge, then of the fifth paragraph, the following new paragraph: "the resources corresponding to the supplementary contribution for cost of additional capital to be delivered to the holders in accordance with this law, shall not be seized. However, this imprescriptible not governed with respect to the trials followed by the Ministry of education for breach of the obligations arising from such delivery. "."

(g) replace the current seventh paragraph, who has spent to be ninth, by the following: "for purposes of the determination of this contribution, means that an educational establishment is in deficit, when all of their students enrolled between third year of basic general education and fourth year of secondary education, a month is indicated in the respective contest" You can not be honored under the regime of school day daytime because of the availability of classrooms, basic services or furniture. The month referred to in this subsection shall, in any case, be prior to the date of the call to the contest. "."

(5) add, then of article 4, the following article 4 bis, new: "article 4 bis.-the Ministry of education, in no case, may deliver more resources than the contribution awarded in the competitions referred to in this law. Any reduction of the total cost of the project presented by the holder and considered for adjudication in a particular contest, will mean the reduction of the contribution in the same proportion in which to decrease the total cost of the project. "."

(6) repeal the fourth and fifth subparagraphs of article 5.

(7) add, below in article 5, the following article 5 bis, new: "article 5 bis-may, in the same way, apply for the supplementary cost of additional capital contribution, municipal holders that intend to create and sustain new establishments funded under the regime of school day daytime, until the start of the 2006 school year, districts or towns in which the capacity of the infrastructure of the existing educational facilities is insufficient to serve the population in" school-age appropriate. Persons awarded shall be the sustaining of the establishments whose creation be financed pursuant to this article.
They may also apply for the supplementary contribution for additional capital cost holders of subsidized establishments officially recognized for incorporating a new full level of education (Basic or average), provided that the requirements and time frame prescribed in the preceding paragraph are fulfilled.
In any case, establishments or levels which are created in accordance with this article, must run with all of its courses since they can obtain official recognition.
The maximum values and conditions of financing, as well as the way of determining the existence of infrastructure deficit, in designated cases in the first two clauses, will be established in the regulation, which should be considered, in any case, the existence of a founded resolution of the Ministerial regional secretariats of education and planning on the determination of such deficit , and the opinion of the regional governments. In any case, the supplementary contribution for additional capital cost may not exceed 50% of the interventions that can be funded in accordance with this law, according to the maximum values that set the rules. The establishments to be installed in accordance with this standard and which is functioning in the system of shared funding, shall apply to discounts by that concept in accordance to the final paragraph of the fifth article and the ruler of the sixth article of this Act. "."

(8) replace the final paragraph of the article 7º, by the following:
"The President of the Republic, by Decree founded, may establish different modalities of allocation or increasing the intake, or establish any exemption in terms of compliance with any of the requirements for access, in special situations of public need, high vulnerability, emergency or force majeure.".

((9) in article 8: to) replace the subparagraph first with the following: "to access the contribution, holder which has been awarded under the competition referred to in the preceding article, shall sign an agreement with the Ministry of education, to be approved by resolution of this Secretary of State. This agreement sets forth the rights and obligations of the parties and it shall be formalized by the holder, at their expense. For all legal purposes, the Convention duly protocolized will have value of public instrument and shall constitute a executory title with respect to the obligations of the successful tenderer. Non-subscription of the Convention within the period specified in the rules, will be forfeited full-fledged retrieved contribution, except for circumstances that not be attributable to the holder and it will qualify the Ministry of education by resolution founded in single instance. "."

(b) disposed of in the second paragraph the expression "or lease".

(c) replace the fifth subparagraph by the following: "in conjunction with the mortgage, the Convention will require the Constitution of a prohibition to alienate, encumber and execute acts and contracts on the property on which runs the educational establishment. If the establishment works in more than one property, the Ministry of education, in certain cases established the regulations and provided to ensure the recovery by the Treasury of the delivered contribution, may be authorized that the mortgage and prohibition do not constitute about all real estate. Both the mortgage and the prohibition will be registered jointly in the conservative real estate for a period of thirty years, in the case of acquisitions and construction of school premises, and up to thirty years, in the case of enlargements, ratings, recoveries and standards, depending on the amount of the contribution. "."

(d) add, following the point end (.) of the seventh subparagraph, point followed (..), as follows: "the same right and under the same conditions the holders owners of the property in which runs the educational establishment, when that property is mortgaged or has been constituted in its regard may exercise it prohibition tax and sell or celebrate acts and contracts.".

(e) Insert, then of the seventh subsection, the following subsection eighth, new, passing current subparagraphs eighth to fifteenth to be ninth to 16th, respectively: "to the holders of the municipal sector (municipalities and municipal corporations), the Constitution of mortgage on real estate of municipal domain; won't be them callable and the prohibition referred to in the fifth paragraph of this article, shall be constituted by registration in the respective register of the conservative in real estate, to be practiced with the only merit of authorized copy of the agreement in which is recorded, formalized by a notary and previously approved by ministerial resolution. Also holders of this sector, whose infrastructure projects correspond to educational establishments that operate on properties of domain of the Treasury, shall be exempted from prohibition, unless subsequently acquired good root form. Since that time will be required to constitute a prohibition or mortgage and prohibition, as applicable, for the period of operation pending at that date. "."

(f) replace the current twelfth paragraph, who has spent to be 13th, by the following: "the value returned be deducted one-thirtieth of the funds received for each year of use of the establishment for educational purposes, as from the date of effective functioning of the establishment in daytime full school day, or fraction which corresponds if the period of assessment is less than thirty years.".

(g) replace the current thirteenth paragraph, which has become fourteenth, by the following: "which proporcionare false or spurious history for the purpose of obtaining the supplementary contribution for cost of additional capital referred to in this law, will be punished with the lower in its minimum degree presidio.".

(h) replace the current fourteenth paragraph, which has come to be 15th, by the following: "the municipal official or employee of the Municipal Corporation that manages the resources of the supplementary contribution for additional capital cost, and that incurred with respect to these resources in conduct criminalized in article 236 of the Penal Code, shall be sentenced to corporal punishment there indicated increased to a degree. If in operations that involved the municipal official due to administration of such resources or because of his position, he commits any of the conduct criminalized in article 239 of the Penal Code, shall be sentenced to corporal punishment there listed, increased to a degree. "."

(10) add, then Article 8, the following article 8 bis, new: "article 8 bis.-If the building in which runs the educational establishment is given on lease to the holder and is auctioned off due to a mortgage constituted in favor of the Ministry of education to ensure the delivery of the additional cost of additional capital contribution, the auctioneer shall not be obligated to respect the rent even in the event that it had been granted by public deed registered in the respective register of the conservative's real estate corresponding, prior to the mortgage. "."

(11) replace article 9 by the following: "article 9.-to facilitate investments of the contribution supplemental cost of additional capital in the infrastructure required to incorporate into schools under full school day full day, the Ministry of education may conclude agreements with public or private institutions, in order to provide technical assistance to those establishments that serve vulnerable students or holders that do not have the technical capacity to develop projects for the purposes" designated.
The Ministry of education shall keep an updated list of the companies that provide this advice, which indicate their legal nature and the individualization of their partners through their national identity card. "."

((12) disposed of in article 10 the literal B).

(13) replaced article 11 with the following: "article 11.-at the end of the second semester of each school year and before the start of the next school year, the school community and its organizations managers subsidized educational establishments must submit a written report of the educational management of the establishment for that same school year."

Such a report should be about, at least, the following: a) the goals and outcomes of the period, set at the beginning of the school year.
(b) the progress and difficulties in the strategies developed to improve learning outcomes.
(c) carried out hours of curriculum and the fulfillment of the school calendar.
(d) the internal efficiency indicators: approved, tuition, assistance, disqualified and removed.
e) the use of the financial resources that perceive, manage, and which are delegated to them.
(f) the situation of the settlement infrastructure.
(g) a Bill should also include a relationship with respect to lines of action and future commitments.
(h) in the case of municipal establishments must realize the commitments made at the PADEM.

Copies of the report and observations that members of the community, submitted in writing will be available to the School Board and stakeholders in a public register which will take the establishment.
Violations of this article shall be punished in accordance with the letter a), article 52, Decree Law No. 2, of education, 1998.
However, in that its Endowment teaching establishments is less than three education professionals, including its Director, the regional ministerial Secretary of education respective may authorize the issuance of a simple report or release them from this requirement, as reality and geographical location of the establishment. "."

(14) insert in subparagraph first of article 13, after the word "extensions" expression: "existing at December 31, 2001 to" and replacing, in the first paragraph of article 13, the expression "within a period of one year", from the publication of this law, by the following: "until the end of the year 2004,".

15) Agreganse in the second paragraph of the letter b) transitional second article after the word "accessed" expressions "to the School Council".

(16) Reemplazanse first and second subparagraphs of article 3 transitional, by the following: "the projects must be submitted to the respective ministerial regional secretariat of education, where it shall certify the date of receipt.
If the presentation is not resolved within 90 days after delivery, the project shall be approved and, if it had been rejected, the holder may appeal to the Under-Secretary of education within five working days of notification of rejection. The appeal must be made in the ministerial regional secretariat of education that corresponds. The Undersecretary of education resolved in single instance within a maximum period of fifteen working days from receipt of the resource in the Undersecretary. "."

(17) repealed article 6 ° Transitional.