Law 715 of 2001 (December 21)
Official Journal No 44654 of 21 December 2001
Whereby organic standards dictate on resources and powers in accordance with Articles 151, 288, 356 and 357 (Legislative Act 01 of 2001) of the Constitution and other provisions to organize the provision of health and education services, among others. Summary
THE CONGRESS OF COLOMBIA DECREES: TITLE I.
ARTICLE 1o. NATURE OF THE GENERAL SYSTEM OF HOLDINGS. The General System of Units is made up of the resources that the Nation transfers mandated by Articles 356 and 357 of the Constitution to local authorities for the financing of services whose jurisdiction is assigned by this law.
. CALCULATION BASE. The values that are the basis for establishing the General System of Units in 2002 correspond to those mentioned in paragraph 1o. Article 357 of the Constitution, but in any case the amount is less than ten point nine hundred sixty-two (10,962) billion pesos in 2001, and its growth will be stated in the same article. PARAGRAPH 1.
. They will not be part of the General System of Units resources from the National Royalties Fund, and those defined by Article 19 of the 6th Act. 1992 as exclusive of the Nation under the authorizations granted to Congress a one-time transitional Article 43 of the Constitution. Effective Jurisprudence
. Of the total resources that make up the General System of Units, previously deducted each year an amount equal to 4% of these resources. Such deduction shall be distributed as follows: 0.52% for indigenous reserves to be distributed and administered in accordance with this Act, 0.08% for distribution to the municipalities whose territories limit the Rio Grande de la Magdalena in proportion to the banks of each municipality , according to the certification of Codazzi, 0.5% to the districts and municipalities for school feeding programs in accordance with Article 76.17 of this Act; and 2.9% to the National Pension Fund of Local Authorities, Fonpet, created by Law 549 of 1999 in order to cover the pension liabilities of health, education and other sectors.
These resources will be deducted directly by the Ministry of Finance and Public Credit at the annual liquidation, before distribution of the General System of Units.
The distribution of resources for school feeding will be conducted in accordance with the regulations issued by the National Government, and the Fonpet by his administration.
ARTICLE 3. SHAPING THE GENERAL SYSTEM OF HOLDINGS. The General Participation System will be composed as follows:
1. A holding earmarked for the education sector, education participation to be called.
2. A holding earmarked for the health sector, health participation to be called.
3. A holding earmarked for drinking water and basic sanitation sector, participation drinking water and basic sanitation will be called.
4. A general purpose participation
Matches Legislation Previous
ARTICLE 4. SECTOR BREAKDOWN OF RESOURCES. The total amount of the General System of Units, after deducting the resources that the 2nd paragraph of Article 2 of Law 715 and the 2nd transitional paragraphs and 3rd of article 4 of Legislative Act 04, 2007 relates to be distributed among shares referred to in article 3 of Law 715, as follows:
1. 58.5% will be the participation for education.
2. 24.5% will participate for health.
3. 5.4% will participate drinking water and basic sanitation.
4. 11.6% correspond to the participation of general purpose. Effective Notes
CHAPTER I. POWERS OF THE NATION.
The 5th ITEM. POWERS OF THE NATION IN EDUCATION. Without prejudice to those established in other laws, it corresponds to the Nation exercise the following powers relating to public service provision of education in their preschool, primary and secondary levels, in urban and rural areas:
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5.1. Formulate policies and development objectives for the education sector and make rules for the organization and delivery of service.
5.2. Regulate the provision of state and non-state educational services.
5.3. Promote, coordinate, finance, co-finance and evaluate programs, plans and investment projects of national order in education, with different resources of the General System of Units. With these resources will not be able to pay personnel administration, management, teaching or administrative.
5.4. Define, design, regulate and maintain an information system of the education sector.
5.5. Curricular and pedagogical establish technical standards for preschool, elementary and secondary education, without prejudice to the autonomy of educational institutions and specificity of regional type. Effective Jurisprudence
5.6. Define, design and establish tools and mechanisms for quality education.
5.7. Regulate contests governing the teaching career. Effective Jurisprudence
5.8. Define and establish the general rules and mechanisms for evaluation and training of teachers and teaching management. Effective Jurisprudence
5.9. Assess the financial, technical and administrative management of the education sector in local authorities and the impact of their activities on society. This authority may be delegated departments, with respect to uncertified municipalities.
5.10. Provide technical and administrative assistance to local authorities, when it has place.
5.11. Monitor compliance with national policies and industry standards in the districts, departments, municipalities, indigenous reserves and / or indigenous territorial entities. This power may delegate to the departments, with respect to uncertified municipalities.
5.12. Issue the regulation on costs, tuition fees, pensions, tuition fees and other charges in educational institutions.
5.13. Allocate resources for education of the General System of Units, in accordance with the criteria established in this law. Effective Jurisprudence
5.14. Set technical parameters for the provision of State education service, standards and staffing rates, taking into account the particularities of each region;
5.15. Define annually per pupil allocation, both operating and quality, for the provision of educational services funded with resources from the General System of Units, according to education types and the availability of resources of the General System of Units.
5.16. Determine the criteria which must be attached to the teaching and administrative levels of the educational institutions and the corresponding allocation parameters staff: students per teacher; students for management; and students for administrative, among others, taking into account the particularities of each region.
5.17. Define the educational basket.
5.18. If it is necessary to create, merge, removal or conversion of jobs that requires the organization of plants state education staff, governors and mayors shall follow the procedures indicated by the National Government for that purpose. Effective Jurisprudence
5.19. Establish requirements for certification of municipalities, and decide on the certification of the smaller municipalities to one hundred thousand inhabitants in accordance with Article 20 of this Law.
5.20. Establish incentives for districts, municipalities and educational institutions for achieving goals in coverage, quality and efficiency in the use of resources.
5.21. Perform the necessary steps to improve the administration of the resources of the General System of Participations shares.
5.22. Co-finance the evaluation of achievements. Each department, district or municipality may be distributed every three years a sum to evaluate the educational attainment according to the methodology indicated by the Ministry of Education. 80% will be financed by the national government and 20% by the territorial enti ty.
5.23. Any other appropriate management activities and distribution, regulation of the General System of Units.
POWERS OF TERRITORIAL ENTITIES.
ARTICLE 6o. POWERS OF THE DEPARTMENTS. Without prejudice to the provisions of other standards, it corresponds to the departments in the education sector the following powers:
6.1. General competencies.
6.1.1. Providing educational, financial and administrative technical assistance to municipalities, when it may arise.
6.1.2. Manage and be accountable for performance, timeliness and quality of departmental educational information and provide the information to the Nation under the conditions required.
6.1.3. Technical and administrative support to municipalities to become certified under the terms provided in this law.
6.1.4. Certify municipalities eligible to assume the autonomous administration of the resources of the General System of Units. If the municipality is eligible to be certified and not certified department, you may apply to the Nation.
6.2. Powers against non-certified municipalities.
6.2.1. Direct, plan; and provide educational services in preschool, primary, secondary in its various forms, in terms of equity, efficiency and quality in the terms defined in this law. Effective Jurisprudence
6.2.2. Manage and distribute between the municipalities of its jurisdiction the financial resources from the General System of Units, for the provision of educational services by the State, considering the criteria established in this law. Effective Jurisprudence
6.2.3. Manage, exercising the powers indicated in article 153 of Law 115 of 1994, educational institutions and teaching and administrative staff of educational institutions, subject to the plant charges taken in accordance with this law. To do this, will hold contests, made the appointment of the required staff, manage promotions, without in any case exceed the amount of resources available in the General System of Units and transfer teachers between municipalities, preferably neighboring, without further legal requirement that the issuance of the respective administrative acts properly motivated. Effective Jurisprudence
6.2.4. Participate with their own resources in the financing of educational services by the State in the financing of educational programs and projects and infrastructure investments, quality and strength. The costs covered by these resources may not generate permanent expenditure under the General System of Units. Effective Jurisprudence
6.2.5. Maintain current coverage and foster expansion.
6.2.6. Evaluate the performance of rectors and directors, managers and teachers, in accordance with current standards. Effective Jurisprudence
6.2.7. Exercise inspection, surveillance and monitoring of education in their jurisdiction, in exercise of the delegation for that purpose by the Chairman of the Republic.
6.2.8. Provide technical and administrative assistance to educational institutions, where to place it there.
6.2.9. Promote the application and implementation of plans to improve quality.
6.2.10. Municipalities distribute teachers, managers and administrative employees, according to the needs of the service, in accordance with the regulations. Effective Jurisprudence
6.2.11. Plants distribute departmental staff, managers and administrative staff, meeting the criteria of population served and serve in conditions of efficiency, following the national regulation on the matter. Effective Jurisprudence
6.2.12. Organizing the delivery and administration of educational services in their jurisdiction.
6.2.13. Monitor the implementation of the national regulation on tuition fees, accommodation, school fees and other charges in educational establishments.
6.2.14. Co-finance the achievement assessment in accordance with the provisions of paragraph 5.22.
6.2.15. For purposes of registration and promotion in the ranks, territorial organizational entity determines the charge distribution of this function in accordance with the regulations issued by the National Government. Effective Jurisprudence
Some of these powers, except the nomination and transfer of personnel between municipalities may delegate to the municipalities not certificates that comply with the parameters established by the Nation. Effective Jurisprudence
ARTICLE 7. COMPETENCE OF DISTRICTS AND MUNICIPALITIES CERTIFICATES.
7.1. Manage, plan and deliver educational services in preschool, primary and secondary, in terms of equity, efficiency and quality in the terms defined in this law. Effective Jurisprudence
7.2. Manage and distribute educational establishments within their jurisdiction the financial resources from the General System of Units, for the provision of educational services by the State, considering the criteria established in this Act and the regulations. Effective Jurisprudence
7.3. Manage, exercising the powers indicated in article 153 of Law 115 of 1994, educational institutions, teachers and administrative staff of educational institutions, subject to the plant charges taken in accordance with this law. To do this, will hold contests, made the appointment of the required staff, manage promotions, without in any case exceed the amount of resources of the participation to education of the General System assigned to the respective territorial entity shares and transfer teachers between educational institutions, without any legal requirement that the issuance of the respective administrative acts properly motivated. Effective Jurisprudence
7.4. Distribute educational institutions teachers and plant charges, according to the needs of the population served understood as service and to meet in conditions of efficiency, following the national regulation on the matter. Effective Jurisprudence
7.5. They may participate with their own resources in the financing of educational services by the State and the co-financing of educational programs and projects and infrastructure investments, quality and strength. The costs covered by these resources may not generate permanent expenditure under the General System of Units. Effective Jurisprudence
7.6. Maintain current coverage and foster expansion.
7.7. Evaluate the performance of rectors and directors, managers and teachers. Effective Jurisprudence
7.8. Exercise inspection, surveillance and monitoring of education in their jurisdiction, in exercise of the delegation for that purpose by the Chairman of the Republic.
7.9. Provide technical and administrative assistance to educational institutions when it may arise.
7.10. Manage System Municipal or District Educational Information and provide information to the department and the nation with the quality and the time prescribed by the regulations.
7.11. Promote the implementation and execution of the plans I provement of quality in their institutions.
7.12. Organize the provision of educational services in their in their jurisdiction.
7.13. Monitor the implementation of the national regulation on tuition fees, accommodation, school fees and periodic fees in educational institutions.
7.14. Co-finance the achievement assessment in accordance with the provisions of paragraph 5.22.
7.15. For purposes of registration and promotion in the ranks, territorial organizational entity determines the charge distribution of this function in accordance with the regulations issued by the National Government. Effective Jurisprudence
Article 8. POWERS OF MUNICIPALITIES UNCERTIFIED. A non-certified municipalities will be assigned the following functions:
8.1. Manage and distribute the resources of the General System of Units assigned to the maintenance and improvement of quality.
8.2. Squares and teachers move between their educational institutions, by administrative act properly motivated. Effective Jurisprudence
8.3. They may participate with their own resources in the financing of educational services by the state and infrastructure investments, quality and strength. The costs covered by these resources may not generate permanent expenses for the General System of Units. Effective Jurisprudence
8.4. Provide information to the department and the nation with the quality and the time prescribed by the regulations.
OF EDUCATIONAL INSTITUTIONS, THE REGENTS AND RESOURCES.
Article 9. EDUCATIONAL INSTITUTIONS. educational institution is a set of people and goods promoted by public authorities or private, whose purpose will be to provide a year of preschool and nine grades of basic education at least, and average. Those who do not offer all of these grades schools will be called and will partner with other institutions in order to offer complete basic education cycle students.
They must have operating license or official character recognition, have the administrative infrastructure, teaching aids, physical plant and adequate educational facilities.
Educational institutions will combine resources to provide quality education, continuous assessment, continuous improvement of educational services and learning outcomes, in the framework of its Institutional Education Program.
State educational institutions are departmental, district or municipal. PARAGRAPH 1.
. For reasons of public utility or social interest, departmental educational institutions operating in the districts or municipalities certificates will be managed by the districts and certified municipalities. For the same reasons may expropriate educational buildings, in accordance with the Constitution and the law. During the transfer of the administration must be ensured continuity in the provision of educational services. For the improvement of the above agreement between an inter-territorial entities will be signed. Effective Jurisprudence
. Debts for utilities educational institutions whose administration is transferred from the departments to the districts and certified municipalities, caused prior to the date of transfer shall be paid by the departments. PARAGRAPH 3.
. Public educational establishments of national order that work with resources from the national budget, will be transferred with the resources to the respective territorial entities, retaining their administrative autonomy. Effective Jurisprudence
PARÁGRAFO 4o. There will be a single administration when in the same physical plant to operate more than one day. It may also be designated a single administration for various physical plants, in accordance with the regulations. Effective Jurisprudence
ARTICLE 10. FUNCTIONS OF GUIDING OR DIRECTORS. The rector or director of public educational institutions, which will be appointed by competition, in addition to the functions indicated in other standards, shall:
10.1. Directing the preparation of the Institutional Educational Project with the participation of the various stakeholders in the education community.
10.2. Chairing the Board and the Academic Council of the institution and coordinate the various organs of the School Government.
10.3. Representing the establishment to the education authorities and the school community.
10.4. Develop annual action plans and quality improvement, and direct their execution.
10.5. Directing the work of teaching teams and establish institutional contacts for achieving educational goals.
10.6. Perform control over the performance of the functions for the faculty and staff and report news and irregularities of staff to the secretariat of district, municipal, departmental or person acting education.
10.7. Manage personnel assigned to the institution in relation to new products and permissions. Effective Jurisprudence
10.8. Participate in the definition of profiles for the selection of teachers, and their final selection. Effective Jurisprudence
10.9. Distribute academic assignments, and other functions of teachers, school administrators and administrative charge, in accordance with the relevant rules.
10.10. Conduct annual performance evaluation of teachers, school administrators and administrative office. Effective Jurisprudence
10.11. Impose disciplinary sanctions own disciplinary system of internal control in accordance with current standards. Effective Jurisprudence
10.12. Propose teachers to be supported to receive training.
10.13. Provide timely information to the department, district or county, according to their requirements.
10.14. Vouch for the quality of the service in their institution.
10.15. Submit a report to the Board of School at least every six months.
10.16. Manage the Fund Educational services and resources assigned by incentives, under the terms of this law.
10.17. Post once a semester in public places and communicate in writing to parents, teachers in charge of each subject, schedules and the teaching load of each.
10.18. The other duties assigned by the governor or mayor for the proper provision of educational services. PARAGRAPH 1.
. The performance of rectors and principals will be evaluated annually by the department, district or county, serving the regulations for that purpose issued by the Government. The non-approval of two consecutive years evaluation involves removal from office and return to the practice of teaching in grade and salary allocation that corresponds in the ranks. Effective Jurisprudence
FUNDS ARTICLE 11. EDUCATIONAL SERVICES. State educational institutions may administer funds Educational services in which resources to finance expenditure other than personnel, to facilitate the functioning of the institution will be handled. Effective Jurisprudence
ARTICLE 12. DEFINITION OF FUNDS OF EDUCATIONAL SERVICES. State entities are responsible educational establishments must open in their accounts an account for each of them, in order to give certainty to the Boards of Directors on income they can expect, and provide exercise, with the rectors or directors, the ability to direct spending in the way that best meets the purposes of educational services within the circumstances of each establishment. This account is called "Educational Services Fund".
Regulations, taking into account the differences between urban settlements and between them and rural, tell you what type of income, expenses and assets can be managed through this account; and where and how goods to register with it, sticking to the Budget Code and this Act, insofar as they are relevant will be maintained.
Referred back regulations distinguish between income state entities intended for educational services at each facility, those individuals linked by the perception of services, and linking with the main or sole purpose of benefiting the community. All such income can be recorded in the accounts of the Funds, under the conditions determined by the regulations. Effective Jurisprudence
ARTICLE 13. PROCEDURES RECRUITMENT OF FUNDS EDUCATIONAL SERVICES. All acts and contracts relating to goods and obligations to be recorded in the accounting of the funds educational services to which the preceding article, it shall comply with principles of equality, morality, impartiality and advertising, applied in reasonable manner to the specific circumstances in which they are to be held. They will become the fundamental purpose of protecting the rights of children and young people, and to achieve efficiency and speed in the care of the educational service, and economy in the use of public resources.
The acts and contracts amount exceeding twenty (20) minimum monthly wages shall be governed by the rules of government contracting, considering its value and nature, and the circumstances in which they are held. The Government may indicate cases in which the amount referred to in this paragraph will be lower. Effective Jurisprudence
The principal or principal shall hold the contracts to be paid from the resources linked to the Funds, under the conditions and within the limits laid down in the regulations.
With strict adherence to the principles and purposes stated in the first paragraph of this article, and the regulations of this Act, the Board of Directors of each establishment may indicate, based on experience and concrete analysis of the needs of establishment, procedures, guarantees and certificates that must be met for the rector or manage celebrate any act or contract that creates, terminated or modified obligations to be recorded in the Fund, whose amount is less than twenty (20) minimum monthly wages. The Council may also require that certain acts or contracts require specific authorization from you. Effective Jurisprudence
There will always public information on the accounts of the Fund under the conditions determined by the regulations. The omission in the information duties to be serious misconduct disciplinary who incurred it.
No other rule of Law 80 of 1993 shall apply to acts and contracts with a value less than twenty (20) minimum monthly wages that are to be linked to the accounts of the Funds. Effective Jurisprudence
ARTICLE 14. BUDGET FUNDS MANAGEMENT OF EDUCATIONAL SERVICES. Territorial entities shall include in their respective budgets, appropriations for each Fund educational services in educational establishments responsible both for education participation as own resources.
In the income subject to budgetary capacity not include those which are obtained by agreements with individuals, prizes, gifts, or whose primary purpose is to benefit the educational community. The regulations include the provisions necessary for individuals who want to link goods or services for the benefit of the community in the state educational establishments can do so prior authorized by the Board of Directors and held by the governing contract in which the entity in charge of the establishment he undertakes such goods will be used in the agreed form, without transfer of ownership when the contract is not provided, and in accordance with the rules of the Civil Code. If the entity in charge of the establishment acquires financial obligations under such contracts, they must be of such a kind that can be met at all within the own expenses of the Funds rules. Effective Jurisprudence
The entities of educational institutions in their budgets may include appropriations related to them, they have not managed through funds educational services.
The regulations determine how and to whom the twists designed to meet the expenditure of funds for educational services be made; and how accounts of the respective resources surrender.
The Board at each facility shall prepare a budget of income and expenses for the Fund, in absolute balance. The Board of Directors may not increase the budget revenue without authorization from the District or municipality that owns the establishment.
The organic Budget Act shall apply to budgets to develop the Boards of Directors for the Funds of educational services, and its implementation, only when referring to them directly. Effective Jurisprudence
DISTRIBUTION OF RESOURCES EDUCATION SECTOR.
DESTINATION. Participation resources for education of the General System of Units will be used to finance the provision of educational services addressing the technical and administrative standards in the following activities: Effective Jurisprudence
15.1. Payment of the faculty and staff of public educational institutions, contributions inherent in payroll and social benefits. Effective Jurisprudence
15.2. Infrastructure construction, maintenance, payment of utilities and operation of educational institutions.
Matches Ministry of National Education Concept
83887 2015 15.3. Provision of educational services.
15.4. Those designed to maintain, assess and promote quality education. PARAGRAPH 1.
. also they can allocate these resources to the hiring of educational services in accordance with the provisions of Article 27 of this Law. PARAGRAPH 2.
. Once covered the costs of the provision of educational services, departments, districts and municipalities allocate resources from participation in education paid busing where geographical conditions require to ensure access and permanence in the educational system of children belonging the poorest strata. PARAGRAPH 3.
. TRANSIENT. Chargeable to the resources of the participation to education of the General System of Units, will be funded once the missing set for covering payroll costs of teachers of the departments and the agreements of educational coverage at December 31, 2001, as long as the own resources of the respective departments have been insufficient to meet these obligations. These should undergo educational rationalization plans and submit for validation of the Ministry of Education, about the deficit financing. The transfer of resources will be immediately received the respective information. Effective Jurisprudence
ARTICLE 16. CRITERIA FOR DISTRIBUTION. Participation for education General System of Participations will be distributed by municipalities and districts according the criteria listed below. In the case of uncertified municipalities resources will be managed by the respective department. Effective Jurisprudence
population served. Allocation per student annually, according to the different educational types that will define the nation, serving, education levels (preschool, primary and secondary in its various forms) and the urban and rural areas throughout the country to be determined. Effective Jurisprudence
Typology is defined as a set of variables that characterize the provision of educational services in preschool, primary and secondary, according to differentiated rural and urban methodologies. Within the same type allocation is the same for all students in the country. Effective Jurisprudence
The types that apply to the departments created by the 1991 Constitution should recognize their special conditions for the provision of public service education, including population dispersion. Effective Jurisprudence
The allocation per student in terms of equity and efficiency as educational levels (preschool, primary and secondary in its various forms) and location (urban and rural) of publicly funded education sector consists, at least: the costs required teaching and administrative staff in educational institutions including benefits and services, resources for quality education correspond to school mainly endowments, maintenance and upgrading of infrastructure, departmental administration fee, auditing and information systems. Effective Jurisprudence
The Nation define the methodology for calculating the allocation per pupil and set its value annually attending the different types, subject to the availability of resources of the General System of Units. Effective Jurisprudence
16.1.2. The allocation per student is multiplied by the population served with resources from the General System of Units in each municipality and district. The result of this operation will be called participation by population served, and is the first base for rotation of resources of the General System of Units.
The target population is the population actually registered in the previous year, financed with resources from the General System of Units.
When the nation is aware that due to deficiencies in the information, a territorial entity received more resources than would correspond in accordance with the formula set forth in this Article, its share should be reduced to the amount you actually appropriate. When this is present, the excess resources paid will be deducted from the allocation of the following year.
After determining participation by population served, the Conpes * annually prior technical analysis, will distribute the balance of available resources addressing one or more of the following criteria. Effective Notes
16.2. Population by attending in conditions of efficiency
Each district or municipality will be able to distribute a residual amount will be calculated as follows: a percentage of the number of children of school age who are not being served by official and non-state institutions is taken, and multiplied by the allocation of child address to be determined by giving priority to local authorities with less coverage or where the official offer, in terms of efficiency is lower. Conpes * determined each year by the percentage of the population it proposed deal financed enter the available resources of the General System of Units during the next fiscal year education system. Effective Notes
The allocation for each child attending will be calculated as a percentage of the allowance and child served will be set annually by the Nation.
When enrollment in education in a territorial entity is 100% of the target population, it is not entitled to receive additional resources to address population concept in terms of efficiency. Similarly, when the sum of enrolled children, plus the result of the multiplication factor of population to address determined by the Conpes * for the population served, is higher than the target population (school age population), you can only transfer resources to finance up to the target population. Effective Notes
Each district or municipality may distribute a residual amount to be distributed according to the poverty indicator certified by DANE.
ARTICLE 17. TRANSFER OF RESOURCES. Share resources education will be transferred as follows: Effective Jurisprudence
The districts and municipalities directly receive certificates of participation resources for education. Effective Jurisprudence
Resources for education participation certificates and non-departmental districts municipalities will be transferred to the respective department. Effective Jurisprudence
The quality resources will be drawn directly to municipalities and may not be used for staff costs of any nature.
On the basis of 100% of capacity to appear in the annual budget law annual cash program will be determined, in which the corresponding monthly participation turns to education departments, districts or municipalities will be established. Remittances shall be made within ten (10) days of the month following corresponding transfer to that effect participation to education of the General System of Units in the annual budget law aforará, up to the amount that will revolve the respective force. Editor's Notes
ARTICLE 18. ADMINISTRATION OF RESOURCES. Departments, districts and municipalities certificates will manage resources of the General System of Units in accounts * special and independent of other income of local authorities. These monies will not make housing unit with other income and resources of the local authority. These resources, the education sector can not be seized, pledge, securitization or any other kind of financial arrangement. Editor's Notes
Matches PARAGRAPH 1.
. The amounts for employer contributions and affiliate marketing, social security and payroll of local authorities in respect of teachers in state educational institutions, are deducted directly from the resources for education participation of the General System of Units. The Nation will have a term not exceeding two years to perfect the process of discounts, with information from local authorities. PARAGRAPH 2.
. Resources that correspond to Social Benefit Fund of the Magisterium, including the Fonpet, will be deducted directly by the Ministry of Finance and Public Credit, and turned to the Fund.
Matches PARAGRAPH 3.
. The percentage of the transfer of Sales Tax assigned to departmental provident funds and the National Fund for Social Benefits of the Magisterium, bound final payment of severance pay and pensions of teachers nationalized under Law 43 of 1975 and other provisions, is part of the education participation General System of Participations and retains its destination.
PARÁGRAFO 4o. The value of the actuarial calculation for the teachers who were paid with own resources of territorial, financed and co-financed entities and public establishments that may have been affiliated with the National Fund for Social Benefits of the Magisterium, represent the consolidated debt balance of each of the responsible local authorities. To set the value of the consolidated debt balance contributions and debt repayments made by local authorities until vesting date will be considered.
The consolidated debt balance will be paid with the resources in accordance with this Act are transferred to the National Pension Fund of Local Authorities, Fonpet, for payment of liabilities prestacional education sector. For this purpose the Fonpet perform the corresponding transfer. In any case, once the consolidated debt balance resources transferred to Fonpet retain their destination the payment of pension obligations in the education sector canceled.
ARTICLE 19. MANDATORY INFORMATION. In the time prescribed by the regulations in each year, departments, districts and municipalities provide to the Ministry of Education respective year information on the factors necessary for the calculation of costs and incentives next year. If required financial information, it must be endorsed by the Accountant General or by the counter prior departmental delegation.
Officials of departments, districts and municipalities that do not provide the information within the time limits established by the Ministry of Education incur disciplinary offense and be subject to the penalties established in the RDD Unico.
If the local authority does not provide the information for calculating the distribution of resources estimated by the Ministry of Education and the respective entity will not participate in the distribution of resources to address population able information will be taken efficiency and equity.
CHAPTER V. SPECIAL PROVISIONS IN EDUCATION.
certified territorial entities. Territorial entities are certified under this Act, departments and districts. The Nation certify municipalities with over one hundred thousand inhabitants before the end of 2002. For purposes of calculating population projections DANE based on the last census was taken.
All those municipalities with less than 100 thousand inhabitants that meet the requirements specified in the regulations on technical, administrative and financial capacity may be certified.
It is up to the departments to decide on certification of municipalities with less than one hundred thousand inhabitants who qualify. If counted six months from the submission of the application has not been resolved or has been rejected, the municipality may appeal to the nation for a decision on the respective certification.
The certified municipalities must demonstrate, as required by the National Government, which maintain the capacity to manage the public education service. Those municipalities that fail to prove their ability, they will lose certification.
ARTICLE 21. LIMITATION TO GROWTH OF COSTS. Commitments to purchase departments, districts and certified municipalities for the provision of educational services in charge when purchased with funds from the General System of Units, may not exceed the amount of the share for education in the respective fiscal year, certified by the National Planning Department, for each territorial entity.
Departments, districts and municipalities will not be able to utorizar plants faculty or by the General System of Units, exceeding the amount of the resources of the staff.
The growth of costs for promotions through the ranks on the soles of charges local authorities or any other cost of educational services, under the General System of Units, will be limited to the amount of resources available in the General System of Units . There shall no recognition beyond this limit, those made will not be valid and will result in tax liability for the official who ordered the respective expenditure. Effective Jurisprudence
Charged to the resources of the General System of Units may not be created benefits or bonuses by local authorities. Effective Jurisprudence
ARTICLE 22. TRANSFERS. When for the proper provision of educational services the transfer of a teacher or teacher management is required, this will run discretion and act properly motivated by the departmental, district or certificate municipality appointing authority when provided within the same territorial entity. Effective Jurisprudence
In the case of transfers between departments, districts and municipalities certificates will be required, in addition to the administrative act properly motivated, an inter agreement between local authorities.
Requests for transfers and swaps proceed strictly according to the needs of the service and not be affected with them the composition of plant personnel of local authorities. Effective Jurisprudence
The National Government shall regulate this provision. Effective Jurisprudence
ARTICLE 23. FINANCIAL RESTRICTIONS ON RECRUITMENT AND NOMINATION. No department, district or municipality may link or hire teachers, school administrators, and administrative employees, with different resources of the General System of Units, without current income free destination needed to finance their salaries and other expenses inherent in payroll including social benefits in the short, medium and long term.
All recruitment for the provision of educational services with own resources, must ensure that at least the entire cohort of students in basic education is treated, for which you must make a financial study to support the authorization of future years by councils or assemblies, and approval thereof by the respective corporations.
The uncertified municipalities or districts may not link departmental or hire teachers, school administrators or administrative staff for education, or engage in any form persons or institutions for service delivery; this function is exclusive of the respective dep artment. Effective Jurisprudence
In any case
teachers, school administrators and administrative associated with or own resources can be funded from the General System of Units, subject to criminal and civil liability and disciplinary prosecutor who ordered and executed the link or contracting.
Nation Under no circumstances will cover expenses for teachers, school administrators and administrative staff in the education sector, other than those authorized by this law.
ARTICLE 24. SUSTAINABILITY GENERAL SYSTEM HOLDINGS. During the seven-year period, from January 1o. 2002 and December 30, 2008, the rise in the ranks of teachers and school administrators in career, is governed by the following provisions: Effective Decisions
In no case may rise, from the seventh grade through the ranks, from one grade to the next and none later, without having fulfilled the requirement of permanence in each grade. May be approved only undergraduate studies and graduate to ascend through grade 10 teachers national scale, according to current standards. Effective Jurisprudence
The training requirement will be in the specific area of performance or general according to the regulations for that purpose by the Government.
The time spent in grades 11, 12 and 13 set out in the provisions in force is increased in one year from the effective date of this law, and will not be homologated. Effective Jurisprudence
Departments, districts and municipalities may contribute up to one percent (1.0%) during the years 2002 to 2005 and one point twenty five (1.25%) during the years 2006 to 2008, the real increase in the resources sector, to finance promotion the ladder prior certificate budget availability. Any rise beyond this limit should be financed with revenue streams freely available prior certificate of availability the respective territorial entity. Effective Notes
The teachers working in rural areas may be inaccessible stimuli consisting bonus, training, and time, among others, in accordance with the regulations for the implementation of this article issued by the Government. Effective Jurisprudence
PARÁGRAFO. The career system of new teachers and school administrators that link provisionally or permanently, from the effective date of this law, shall be that issued in accordance with Article 111.
ARTICLE 25. LABOUR SCHEME MANAGERS DIVISIONS, ADMINISTRATIVE UNITS OR SIMILAR. Divisions, administrative units or similar units created by local authorities will be in charge of civil servants subject to ordinary administrative career.
Article 26 of the bonus for voluntary retirements. The Government may establish a bonus for teachers and school administrators pensioners who retire voluntarily from the service.
ARTICLE 27. PROVISION OF EDUCATIONAL.
Departments, districts and certified municipalities, will provide the public service of education through the formal education system.
Only where failure or limitations can be demonstrated in educational institutions of the formal education system may be contracted the provision of educational services with non-profit, state or private educational institutions they are not enough the above, that have a recognized experience and suitability, without detriment to ensure coverage and infrastructure in state educational services. The value of the service financed from the general system of units can not exceed the allocation per student, as defined by the Nation. When the value is higher, the surplus will be paid with own resources of the territorial entity with the restrictions indicated in this law.
When from its own resources the service is contracted with non-state entities, the local authority must ensure care of at least the full cycle of basic education students.
The Contracted Missionary Education and other forms of education that came funded with resources from fiscal support, and the shares of municipalities in the current revenues of the Nation will continue to finance the resources of the General System of Units. Effective Notes
Matches Legislation Previous
When under the General System of Units municipalities or districts contract the provision of educational services with non-state entities, the value of the service financed with these system resources can not exceed the per pupil allocation defined by the nation. When the value is higher, the surplus will be paid with own resources of the territorial entity with the restrictions indicated in this law. Effective Jurisprudence
When from its own resources the service is contracted with non-state entities, the local authority must ensure care of at least the full cycle of basic education students.
The Contracted Missionary Education and other forms of education that came funded with resources from fiscal support, and the Units of Municipalities in the current revenues of the Nation will continue to finance the resources of the General System of Units.
ARTICLE 28. PRIORITY IN INVESTMENT. Departments, districts and municipalities will give priority to investment that benefits the poorest. Without undermining the universal right to education.
ARTICLE 29. THE CONTROL OF COMPLIANCE WITH THE TERMS OF THIS LAW. In order to ensure compliance with the conditions under which they must assume the powers, responsibilities and functions covered by this law, the following grounds are provided for the Nation, Ministry of Education determines that a department, municipality or district administration of one or more of educational services in charge, become subject to the control system of education that may be exercised directly by the Nation or hired, subject to tax penalties, disciplinary or to any place by the competent authorities. This control system will proceed, according to the Nation: Effective Jurisprudence
29.1. When a department, district or municipality does not report the required information or reporting inaccurate information.
29.2. When a department, district or county has decreased the quality of services or coverage for reasons attributable to the administrative management of these services.
29.3. When based on the assessment of financial, technical and administrative management of the education sector and for reasons attributable to the department, district or county irregularities are found in the service.
29.4. When a department, district or county does not meet the minimum quality standards in service delivery.
29.5. Where the competent authority establishes that in a department, district or municipality have diverted resources sector.
The local authorities may request a re-evaluation in order to establish if the causes that led to the operation of the control system of education were corrected.
The control system of education it is considered as a cost of the service and may be paid from the resources of the General System of Units.
ARTICLE 30. APPOINTMENT OF A TEMPORARY ADMINISTRATION. When the evaluation is control of education in the previous article referred to the local authority does not take the necessary measures to correct the flaws in the service for which he was appointed this action, the Ministry of Education may suspend the legal capacity territorial authorities for the administration of public education service and appoint temporarily a special administrator, who may be a national or departmental official, or person designated by the Ministry, to assume for the time and under conditions to be determined, the administration of educational services in the territorial entity.
The special administrator shall have all the powers of the head of the agency involved for the administration of public education service during a time determined by the Ministry of Education and may provide for this purpose the resources of the General System of Units and other resources for public educational services such as computer and nominator spending within the limits of the law.
The special administration will aim to ensure service delivery and correct the flaws that led to the evaluation of control of education.
The special administration which this article refers to is considered as cost of the service and shall be paid to the resources of the General System of Units. Effective Jurisprudence
ARTICLE 31. LOSS OF CERTIFICATION. In the case of municipalities, when the special administration referred to in the previous article refers fails to correct the flaws that led to this, they will lose the certification and will be administered by the respective department, subject to request and obtain a new certification.
INFORMATION SYSTEM. Departments, districts and municipalities must have an information system in the education sector and keep it updated in accordance with the guidelines for this purpose determine the Nation.
Governors and mayors must report annually to the Ministry of Education payroll of all staff under all sources of funding, broken down by each, as amended, endorsed by the municipal or departmental counter.
Failure to comply with these provisions is considered a serious offense and will lead to appropriate sanctions for Secretary of departmental, municipal and district education, and the official or officials responsible for administering the plant or payroll, and will be grounds to order the special interventoría administration by the Ministry of Education.
The implementation of the information system is considered as a cost of the service and may be paid from the resources of the General System of Units.
ARTICLE 33. SOCIAL CONTROL. The secretaries of provincial, municipal and district education report annually to the boards of the official educational institutions and made public by the mass media of their jurisdiction, resources, squares and payroll assigned to each of the institutions according to the parameters defined by staffing the Nation.
Breach of this provision is considered a serious offense and will lead to appropriate sanctions for Secretary of Education or his substitute.
ARTICLE 34. INCORPORATION TO PLANTS. During the last year covered by Article 37 of this law, plants teachers, principals and administrative aspects of the educational institutions, departments, districts and municipalities be established charges.
Established plants, teachers, school administrators and management of the college, who were appointed with the full requirements, maintain their connection without interruption.
Teachers, school administrators and administrative staff of educational institutions that 1o. November 2000 were contracted service delivery orders, which are linked provisionally shall meet the requirements of teaching and administrative career for final plants established incorporation. Effective Jurisprudence
TRANSITIONAL PROVISIONS IN EDUCATION.
ARTICLE 35 OF TRANSITION. The transition period of this Law shall be up to two (2) years from the effective date thereof.
ARTICLE 36. INCORPORATION OF COSTS TO THE GENERAL SYSTEM FOR ENTRIES FOR EDUCATION. The incorporation of the costs to the General System of Units Two paragraph refers to the 1st paragraph. Article 357 of the Constitution, will be held the 1st. January 2002.
To determine the cost of the service, it shall be based on the cost of teachers and administrative and management of educational institutions to 1o staff. November 2000, financed with resources from the participation of municipalities in the current revenues of the Nation, situated tax, additional resources from tax revenues and resources of departments and municipalities, without the participation for education exceeds 58.5% of the total resources of the General System of Units.