Modifies Law-Decree N ° 2, 1989, The Ministry Of Education

Original Language Title: MODIFICA DECRETO CON FUERZA DE LEY N° 2, DE 1989, DEL MINISTERIO DE EDUCACION

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"Article 1-Introducense the following |! |" amendments to the decree with force of law N ° 2 of the |! | Ministry of education, 1989: 1. Be added in article 2, the following subparagraph |! | third, new: "holder or his legal representative shall be a thing |! |" However, having secondary education license. "."
2. Add in the article 4, the following paragraph |! | end: "for statistical purposes, the Ministry |! |" education may request of the holders, in the |! | month of March of each year, information about the |! | products referred to in the preceding paragraph, in which |! | He used resources by concept of subsidy |! | He realized during the previous teacher work year. Bliss |! | information will be treated as confidential. "."
3. replace article 5 °, by the following: "article 5.-to settlements of |! |" teaching can impetrar the benefit of the subsidy, |! | (deberán cumplir con los siguientes requisitos: a) having the official recognition of the State, |! | by having fulfilled the requirements laid down in the |! | Article 21 of law No. 18,962.
(b) that their courses conform to the minimum and maximum |! | of students per course, in each case and to address |! | the pedagogical requirements, designate the regulation. The |! | Ministry of education may authorize a tuition |! | that exceeds the maximum quotas, when situations |! | Special, educational needs, resulting |! | do so. The number of students enrolled in |! | excess will not give entitlement to grant or be |! | not considered for the purposes of the calculations to |! | that referred to in article 12. Also, will solve |! | time and without any further recourse |! | difficulty that might arise from the application of this |! | standard;
(c) who have courses or cycles of education |! | corresponding to the level of education provided;
(d) that among the requirements of admission or permanence |! | not listed fees or contributions economic, direct, |! | indirect or third parties, such as foundations, |! | corporations, cultural, sports entities |! | etc., or of any nature exceed the |! | rights of schooling / tuition fees authorized by the |! | (presente ley, y e) within the day in payments by |! | concept of remuneration and contributions |! | social security with respect to its personnel. "."
4. replace article 7 °, by the following: ' article 7.-the applications of the |! | " schools in basic education and |! | preschool 2 ° level transition, and medium for |! | get the benefit of the subsidy, they will be resolved |! | by the Ministry of education within a maximum of 90 |! | days from the date of your entry.
The lack of decision within that period, always |! | that meet legal and regulatory requirements |! | It will mean that he grants the right to perceive |! | grant. "."
5 replace item 8 °, by the following: ' article 8.-the monthly unit value of the |! | " subsidy per pupil for each level and modality of the |! | teaching, expressed in units of subsidy |! | educational (U.S.E.), shall be as follows:-teaching that imparts the settlement value of the grant - early childhood education (2° transition level). 0.909 U.S.E.

Education General Basic (1 °, 2 °, 3 °, 4 °, 5 ° and 6 °) 1,000 U.S.E.

Basic General education (7 °, 8 °). 1,107 U.S.E.

General basic education of adults. 0,474 U.S.E.

Basic General education special differential 3,000 U.S.E.

Secondary education.
Humanistic science 1,245 U.S.E.

Education middle technical professional agricultural and maritime 1,970 U.S.E.

Education middle technical professional Industrial 1,480 U.S.E.

Education middle technical professional commercial and technical 1,300 U.S.E.

Scientific humanistic Media and adult professional technical education. 0.563 U.S.E.

The establishments officially recognized by the |! | State that impart free education courses |! | Fundamental, technical and vocational training or |! | Teaching practice of any branch of education of |! | Adults can receive a grant worth |! | maximum per class actually made will be of 0,01409 |! | U.S.E. per pupil. The calculation of monthly payment by course |! | will be made by multiplying the above value by the |! | number of classes conducted in the month and by the number of |! | students constituting the monthly average attendance.
The procedure for making payments to be |! | refers to the previous paragraph, the requirements and demands |! | courses that will perceive it will be fixed |! | by Supreme Decree issued through the Ministry of |! | Education and, in addition, signed by the Minister of |! | Hacienda.
Students who, according to the regulation are |! | considered special basic General education |! | Differential and that are served by a settlement |! | common basic education and also by one of the |! | speciality, shall be entitled to the first of them to the |! | grant corresponding, and the second only the |! | difference that there is to learn about the value |! | unit maximum set for this type of students. "."
6. replace article 9 °, by the following: "article 9.-the value of the grant unit |! |" education is $5.144,70. This value will be reset |! | at every opportunity in which to grant a reset |! | general of remuneration in the public sector and in |! | identical percentage. "."
7 replace the 10th po item the following: ' article 10.-the unit value per pupil fixed |! | " in accordance with articles 8 °, 32 ° and 41 °, are |! | increase in the percentage of area allocation |! | established for the fiscal sector, as it |! | locality in which the establishment is located. "."
8. replace article 11 °, by the following: ' article 11.-the unit value per pupil of the |! | " rural educational establishments complying |! | In addition to the requirements set out in this article, |! | will be referred to in item 8 ° multiplied by |! | the factor that corresponds according to the assistance |! | average average determined according to what is established in the |! | Article 12 of this law, in accordance with the following table: number of students Factor - 01 15 2,000 16 17 1.886 18 19 1,792 20 21 1.712 22 23 1,643 24 25 1.583 26 27 1.531 28 29 1,485 30 31 1.444 32 33 1.408 34 35 1,375 36 37 1,345 38 39 1.318 40 41 1.293 42 43 1.271 44 45 1,250 46 47 1,231 48 49 1,213 50 51 1.196
52 53 1.181
54 55 1.167
56 57 1.153
58 59 1.141
60 61 1.129
62 63 1.118
64 65 1.107
66 67 1.097
68 69 1.088
70 71 1.079
72 73 1.071
74 75 1.063
76 77 1.049
78 79 1.041
80 81 1.033
82 83 1.026
84 85 1.015.
-However, those establishments that comply |! | with the requirements referred to in this article, are |! | located in surrounding areas or geographical isolation |! | and have an enrollment exceeding 10 students, not |! | they can receive one monthly subsidy of less than 20 |! | U.S.E., for whose effects must pay the |! | differences that apply above the amounts that |! | result of applying the preceding subparagraph. The |! | establishments referred to in this subparagraph shall be |! | determined annually by Supreme Decree of the |! | Ministry of education, which will lead to the signing of the |! | Chancellor of the Exchequer.
For these purposes means establishing |! | farm that is located more than five |! | kilometres of the nearest urban limit.
They shall be entitled to the grant of this article the |! | rural educational establishments which are |! | located about five kilometers from the establishment |! | educational closer, the same level and modality of |! | teaching, unless there are topographical |! | important or other permanent circumstances derived |! | the exercise of rights of third parties that would prevent the |! | step and forcing a detour over this distance, or |! | that are located in areas of characteristics |! | geographical special. This situation should be |! | certify it founded the Regional Secretary |! | Ministerial education, giving rise to the payment of the |! | grant of rurality. However, the Undersecretary |! | education can object and correct such |! | determinations.
The highest value that results from applying the factors |! | in the table above, with respect to amounts fixed |! | Article 8, will not affect the allocation to |! | referred to in article 10 of this body of law. "."
9. replace article 12 °, by the following: ' article 12.-educational establishments |! | " which satisfy the requirements laid down in item |! | 5°, shall be entitled to receive a tax subsidy |! | monthly the amount of which shall be determined by multiplying the value |! | unit that apply in accordance with subsection first of the |! | Article 8 ° and 10 ° article by the average attendance |! | average registered by course in three months |! | previous to payment.
The amount of the subsidy corresponding to the |! | months not included in the school year and the first month |! | of the year concerned, shall be calculated considering the average |! | of the effective average attendance recorded in the months |! | for the immediately preceding school year. The |! | grant from the second month of the school year, is calculated |! | with the average attendance registered by course in the month |! | precedent and the grant from the third month of the year |! | school, shall be calculated with the average of attendance |! | average per course in the two preceding months.
However as indicated in the previous paragraph, the |! | grant from the first, second and third month of the year |! | school will be reliquidada together with the payment of the |! | of the month following its final calculation using |! | the average of the recorded average attendances in |! | those three months. The differences of subsidy to be |! | They decommitted designated adjustment will be paid or |! | discounted without charge in the month of the school year |! | before alluded.
In cases in which classes are suspended or |! | school activities for one month calendar at least, |! | by virtue of a resolution of the Ministry of education, is |! | It shall be deemed for the purposes of the calculation of the |! | averages of assistance referred to in subparagraphs |! | earlier, the average attendance of that month is the |! | in the last month in which attendance was recorded |! | effective.
10. replace the text of article 13 from |! | the letter c), with the following: "c) for corrected discrepancy of a settlement |! |" education on a specific date, the difference |! | between this establishment on that discrepancy |! | date, and the discrepancy in the area average |! | jurisdictional corresponding, on the same date, which |! | It will be positive when it is larger than this, and |! | negative otherwise.
When the average of the corrected discrepancies |! | an educational establishment on the date of the |! | last three visits proves positive, applies a |! | the calculated amount of subsidy discount of |! | agreement with the following table: average of discrepancies produced discount of the corrected amount in calculated of the three latest grant inspection visits - Est. Urban Est. Rural - Less or equal less than or equal to 2% to 4% zero greater than 2% and greater than 4% half of the lesser or equal and lesser or equal percentage 6% to 10% on average of the corrected discrepancies greater than 6% greater than 10% percentage and less than or equal to lesser or equal average of 10% to 14% corrected discrepancies.

Greater than 10% higher than 14% double of the minor or equal and lesser or equal percentage 14% 16% average of the corrected discrepancies.

Greater than 14% greater than 16% three times the average percentage of corrected discrepancies.
|!| However, the table to implement General education |! | Basic special differential will feature the following |! | ranges:-If the average of the corrected discrepancies |! | becomes lower or equal to 12%, will not occur |! | discount.
-If the average of the corrected discrepancies |! | It proves greater than 12% and less than or equal to 24%, are |! | carry out a discount equal to the average percentage of |! | those, and - if the average of the corrected discrepancies |! | It proves more that 24%, shall be an equal discount |! | to double the percentage of those.
The discount will be applied to the grant of the month |! | following the last visit and not exceed |! | 50% of the subsidy. The remaining amount, if thing |! | any, shall be dismissed within months |! | following.
If there is less than three visits for the |! | effects of averaging and until these are |! | completed, will be considered missing visits with |! | discrepancy corrected zero.
If any force majeure duly |! | checked with the Regional Ministerial Secretary, |! | This order does not consider the respective visit to |! | the effects of this article.
Against the resolutions of discount by |! | any concept of discrepancies, shall always |! | appeal to the Undersecretary of |! | Education. "."
11. replace article 16 °, by the following: "article 16.-without prejudice to the provisions in the |! |" (letra d) of article 5 of this law, the |! | secondary education establishments, governed by the |! | provisions of this title, may perceive |! | fees and tuition fees.
The payment of tuition fees will be |! | volunteer for the agent, who can accept it in |! | his integrity, fix the part of it that will pay |! | monthly, or reject it.
40% of the total fees that |! | raise the educational establishment will be deducted |! | of the total amount of subsidies to |! | perceive. In the case of establishments |! | educational technician professional this discount will be |! | 20%. However, when the total amount of the |! | fees that collect monthly the |! | educational establishment does not exceed 10% of what |! | corresponds to perceive in the same period by concept |! | grant any discount, will not proceed and be |! | It will allocate within the school year exclusively to |! | purposes contemplated in the educational project |! | the establishment who perceives it.
Subsidized education establishments |! | media may charge fee of |! | registration, only once a year, the amount that |! | annually set by MoE |! | Supreme Decree, which may not exceed 20% of the |! | monthly tax unit existing at the time of |! | collect it. Parents and guardians, in cases |! | qualified by the respective social report, |! | prepared by competent professional, may establish |! | agreements with the direction of the establishment |! | educational for payment of the registration fee up to by |! | a maximum of three quotas. "."
12. replace article 17 °, by the following: "article 17 °.-refers to rights of |! |" tuition payments made by the establishment |! | educational to parents and guardians and the contributions that |! | carry out the parents and guardians to the establishment and a |! | third institutions associated with it, such as |! | centres parents, foundations, corporations and entities |! | cultural, sports or others and payments carried out |! | These institutions to those during the year. No |! | However, shall not be considered fees the |! | ordinary shares of workplaces of parents and guardians |! | and the right of tuition charged in the terms that |! | referred to in the preceding article.
Are institutions that |! | transfer resources to the establishment to any |! | title, or whose objectives by nature are |! | referrals to parents, guardians, students and alumni |! | or instructors of the establishment.
Tuition fees will be declared in the |! | month following their perception. "."
13 repealed title II, which is of the |! | grants additional technical education |! | Professional and special differential, grant to |! | the education of adults and the internship grant.
14 be replaced in article 37 the phrase "during |! |" year-round"by stating:" since March of a |! | " February of the following year".
15. replace article 38 ° by the following: "article 38.-the interim subsidy per pupil |! |" for each specialty education is calculated |! | by multiplying the difference between the corresponding |! | limit value and the average monthly fee projected, in |! | pursuant to article 40, by factors pointing |! | Article 32.
The number of students that will be used for the |! | calculation of the average monthly fee shall be that |! | correspond to the attendance average average or assistance |! | average calculated on the same terms concerning |! | Article 12 of this law, and that same number will be the |! | basis for payment of the final grant.
To calculate the monthly temporary subsidy is |! | He will multiply the value obtained according to subsection |! | first of this article, by assistance or |! | average average assistance calculated therein |! | terms referred to in article 12 of this body |! | legal.
16 replace the article 39 °, by the following:
"Article 39.-the final grant is |! |" calculate after meeting the realized annual balance sheet to the |! | last day of February of each year, and will take place in |! | then the settings within the meaning of article |! | 40 °. "."
17. replace article 40 °, by the following: "article 40.-for the purposes of the calculation of the |! |" subsidy means that the monthly fee per student, |! | It will be the value resulting from adding made payments |! | within the year by the educational establishment to the |! | parents and guardians and the contributions and donates money |! | these out settlement and third |! | institutions associated with it, such as centers of |! | parents, corporations, foundations and entities |! | cultural, sports or others, and that payments |! | carry out such institutions to those throughout the |! | year, then divide that amount by 12 and by the |! | number of students in the establishment, including those who |! | receive free education. However, do not be |! | consider monthly fee per student fees |! | ordinary parents and guardians that centers |! | regulates article 21, nor fees |! | charged in the terms referred to in article |! | 16 refers to those institutions |! | transferring resources to the establishment to any |! | title or whose objectives by nature are |! | referrals to parents, guardians, students and alumni |! | or instructors of the establishment.
To calculate the subsidy according to the collections of the |! | establishment, this will be at the beginning of the year a |! | income statement showing to perceive in the |! | period March of that year to February of the following year. To the |! | last day of February of each year, be determined, according to |! | balance practiced for a similar period to the |! | projection, actually received and shall be |! | subsidy adjustments as appropriate.
In the case that effective revenues are higher |! | that the previously declared, the holder will have that |! | return the difference to corresponding to the largest |! | received grant, with a surcharge of 6% interest |! | annual real. This return will be in cash and must |! | be made effective before March 31 of the year in which are |! | He practiced setting or, in default, welcome to thing |! | provided for in the second paragraph of article 45.
In the case of the reverse, if according to the designated in the |! | balance effective revenues are lower than |! | the declared, will proceed to the payment of the difference |! | before 31 March of the year in which it is practiced the |! | adjustment, whereas the adjustments by the variation of the |! | Price index the consumer without further charge. "."
18. replace article 41 °, by the following: "article 41.-educational establishments |! |" subsidized to nominate to serve de |! | interned, shall comply with the requirements which are |! | established in this law and the respective regulation. The |! | authorization will be granted by the Regional Secretary |! | Ministerial when they comply with the legal regulations and |! | regulatory force, according to the availabilities |! | budget.
The determination of the students that are causing |! | This grant will be carried out annually by the |! | respective Regional Ministerial Secretary of agreement |! | with the resources available, in the case of applicants |! | complying with the requirements specified in this law and |! | its regulations.
The unit amount for accommodation and food |! | It will be set annually by the Ministry of education in |! | together with the Ministry of finance, which may not be |! | less than 0,1250 daily U.S.E..
During the months not included in the school year, |! | the amount of the subsidy to which this article refers |! | It will be equal to twenty per cent of the average of the |! | amounts paid by this concept during the months of the |! | immediately preceding school year.
19. replace article 42 °, by the following: ' article 42.-educational establishments |! | " subsidized will be entitled to the grant of |! | interned by those students whose homes are located |! | in rural areas, more than three kilometers of |! | distance from the nearest educational facility |! | that deliver the level and form of education to the |! | Student required.
Can also receive it by students of |! | secondary education and basic general education special |! | differential arising from urban localities |! | other than the establishment, whether in the town |! | of his residence there are no establishments |! | given that kind of education.
In addition, the Regional Ministerial Secretary of |! | Education may authorize that they receive it by students |! | they are in situations appropriately |! | qualified, without prejudice to the powers of the |! | Undersecretary of education to object to such |! | weightings.
This grant will pay for students who are |! | provide boarding service Saturdays, |! | Sundays and holidays, if the place of residence of them |! | is closer than 25 kilometers |! | establishment or at a distance, that means a |! | more than two hours of travel media |! | usual transport sector. The latter |! | circumstances shall be certified by the unit of |! | Police closer to establishing educational or |! | to the place of residence of the student. "."
20 replaced the article 43 °, by the following: "article 43.-in case of infringement to the |! |" provisions of this Act or its regulations and |! | without prejudice to any criminal liability that appropriate, |! | the Ministerial Regional Secretaries of education |! | You can apply administrative sanctions. These |! | (sanctions consist of: a) fines;
(b) suspension of the payment of the subsidy;
(c) deprivation of the grant, which can be total or |! | partial, definitive or temporary;
(d) revocation of official recognition, and |! | (e) temporary or perpetual inability of the or of the |! | holders to maintain or participate in any |! | form in the administration of establishments |! | educational subsidized.
(Las sanciones contempladas en las letras c) e) |! | they may only be applied in the event of a serious infringement. |!| In the case of the penalties referred to in the letters |! | (a) to d), these only apply to the holder in |! | relationship to the establishment in which took place the fact that |! | gives rise to the sanction.
Without limiting the foregoing, in the event that the |! | facts that motivate the process affect to a |! | holder who is a legal person with the sanctions |! | (indicadas en las letras d) and e), the Minister of |! | Education can, in severe cases, and by Presidential Decree |! | founded, the suspension of the legal representative having |! | for the exercise of those functions, in that or another |! | educational establishment, for a period of up to a |! | year. This period can be extended up to four years |! | When in the case of persons who are subject |! | criminal process, founded on the facts that originated the |! | corresponding administrative sanction. "."
21. replace article 44 °, with the following: "(Artículo 44°.-Se considerarán infracciones graves: a) fraudulently alter any required document |! |" to obtain the grant;
b) alter the assistance or registration;
(c) improper collection of school fees, or |! | values higher than those laid down;
d) require fees or financial contributions through |! | third-party, prohibited in article 5;
(e) provide false affidavit;
f) incurring late reiterated in the payment of the |! | wages, pension and health contributions of |! | (su personal, y g) any other fraudulent machination intended to |! | get the grant. "."
22. replace article 46 °, by the following: "article 46.-penalties shall apply prior |! |" grants administrative process, instructed by the |! | Ministerial Regional Secretariat of education |! | corresponding. The regulation includes rules to |! | that will embrace these administrative processes, which |! | They shall ensure the adequate defence of the |! | accused.
Against the sanctions referred to in the |! | (letras a) and b) of article 43 °, proceed resource of |! | appeal to the Undersecretary of education and against |! | (de las establecidas en las letras c) to e), of the same |! | Article, shall appeal before the |! | Minister of education.
Appeals shall be formulated in writing, |! | within the period of fifteen days from the date |! | in that resolution that is notified to the affected thing |! | sanctions.
Against the decision of the Minister of education |! | and insofar as is the sanction of deprivation |! | final grant or those to be |! | (refieren las letras d) and e) item 43 °, you can |! | an appeal to the General Comptroller of the Republic, |! | in the period of fifteen days from notification |! | that resolution. "."
23. replace article 47 °, by the following: "article 47.-corresponds to the Ministry of |! |" Education to ensure strict compliance of the |! | provisions of this law and its regulations.
The foregoing is without prejudice to the faculties |! | imprisonment of the Comptroller General of the Republic.
Control and compliance supergilancia of the |! | social, labor, pension and health laws |! | with regard to personnel who perform in the |! | subsidized establishments, will be competition of |! | the organisms that exist on the subject, without |! | prejudice to the responsibilities of the Ministry of |! | Education. "."
24 adding, as follows from article 48, the |! | next article 48 °, bis, new:
"Article 48 bis.-quality of holder you can |! |" transfer at any time and to any person |! | natural or legal, according to the following rules: a. the transfer will be done through writing |! | public and shall require approval of the Regional Secretariat |! | Ministerial education that corresponds.
B in the event that there is a process of grants |! | pending, will be established in the public deed of |! | transfer, a special clause, by means of the |! | which the transferee or new holder becomes |! | responsible for all the duties, refunds or |! | fines that could arise from the resolution that puts |! | end to the pending process.
C If the transferee or new holder is a |! | natural person; You must meet the following |! | requirements: 1.-count, at least with education license |! | average.
2nd.-not be disabled to be holder by |! | committing any of the grave breaches |! | mentioned in article 44 of this law.
3.-have not been convicted of a crime or simple |! | crime.
D if the transferee or new holder is a |! | legal person, each and every one of their representatives |! | legal, managers, administrators or directors, will have |! | that meet the three requirements set out in the |! | Letter of this article. In addition, be |! | He shall accredit the quality of existing legal entity and the |! | status of their representatives. "."
25 replaced the transitional article, by the |! | Next: "transitional article.-holders than not |! |" to comply with the requirement established in subsection |! | third item 2 °, nevertheless kept its |! | quality of such until 31 December 1992. "."