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Law 715 Of 2001

Original Language Title: LEY 715 de 2001

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LAW 715 OF 2001

(December 21)

Official Journal No 44.654 of 21 December 2001

For which organic rules on resources and competencies are dictated in accordance with 151, 288, 356 and 357 (Legislative Act 01 of 2001) of the Political Constitution and other provisions are dictated to organise the provision of the services of education and health, among others.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

T I T U L O I.

GENERAL PRINCIPLES.

ARTICLE 1o. NATURE OF THE OVERALL SYSTEM OF PARTICIPATIONS. The General System of Participations is constituted by the resources that the Nation transfers by mandate of the items 356 and 357 of the Political Constitution to territorial entities, for the financing of services whose competence is assigned to them in this law.

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ARTICLE 2o. CALCULATION BASIS. The values that serve as the basis for establishing the General System of Participations in 2002 will correspond to those mentioned in paragraph 1. Article 357 of the Political Constitution, without in any case the amount is less than ten points nine hundred and sixty-two (10,962) billion pesos in 2001, and its growth will be the indicated in the same article.

PARAGRAFO 1o. They will not be part of the General System of Participations the resources of the National Royalty Fund, and those defined by section 19 of Law 6a. 1992 as exclusive of the Nation under the authorizations granted to the Congress for one time in the article 43 transitory of the Political Constitution.

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PARAGRAFO 2o. Of the total resources that make up the General System of Participations, a total of 4% of those resources will be deducted each year. This deduction will be distributed as follows: 0.52% for the indigenous guards to be distributed and administered according to this Law, 0.08% for distribution among the municipalities whose territories they limit with the Rio Grande de la Magdalena in proportion to the bank of each municipality, according to the certification of the Agustín Codazzi Geographic Institute, 0.5% to the districts and municipalities for school feeding programs according to the article 76.17 of this Law; and 2.9% to the National Pension Fund of the Territorial Entities, Fonpet, created by Law 549 of 1999 in order to cover the pension liabilities of health, education and other sectors.

These resources will be discounted directly by the Ministry of Finance and Public Credit in the annual settlement, prior to the distribution of the General System of Participations.

The distribution of school food resources will be carried out in accordance with the regulations issued by the National Government, and those of the Fonpet for its administration.

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ARTICLE 3o. CONFORMATION OF THE GENERAL SYSTEM OF PARTICIPATIONS. 1 of Law 1176 of 2007. The new text is as follows: > The General System of Participation will be shaped like this:

1. A specific allocation for the education sector, which will be called participation for education.

2. A participation with specific destination for the health sector, which will be called health participation.

3. A participation with specific destination for the drinking water and basic sanitation sector, which will be called participation for drinking water and basic sanitation.

4. A general purpose participation

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Previous Legislation
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ARTICLE 4. SECTORAL DISTRIBUTION OF RESOURCES. 2 of Law 1176 of 2007. The new text is as follows: > The total amount of the General System of Participations, once the resources referred to in paragraph 2 of Article 2or Law 715 and the transitional paragrafes 2o and 3 of Article 4or Legislative Act 04, 2007, shall be distributed among the units mentioned in Article 3or Law 715, as follows:

1. A 58.5% will be for education participation.

2. A 24.5% will correspond to the participation for health.

3. 5.4% will be for the participation of drinking water and basic sanitation.

4. An 11.6% will correspond to the overall purpose participation.

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T I T U L O II.

EDUCATION SECTOR.

CHAPTER I.

COMPETENCIES OF THE NATION.

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ARTICLE 5o. THE NATION ' S COMPETENCE IN MATTERS OF EDUCATION. Without prejudice to those established in other legal norms, it is up to the Nation to exercise the following powers related to the provision of the public education service in their pre-school, basic and middle levels, in the urban and rural areas:

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5.1. Formulate development policies and objectives for the education sector and dictate standards for the organization and delivery of the service.

5.2. Regulate the provision of state and non-state educational services.

5.3. To promote, coordinate, finance, co-finance and evaluate programs, plans and investment projects of national order in the field of education, with resources different from those of the General System of Participations. With these resources you will not be able to pay administrative, managerial, teaching or administrative staff.

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5.4. Define, design, regulate and maintain an information system in the education sector.

5.5. To establish the curricular and pedagogical technical standards for preschool, basic and middle education levels, without prejudice to the of educational institutions and regional specificity.

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5.6. Define, design and establish instruments and mechanisms for the quality of education.

5.7. Regulate the competitions that govern the teaching career.

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5.8. Define, and establish the general rules and mechanisms for the assessment and training of teaching and teaching staff.

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5.9. To evaluate the financial, technical and administrative management of the education sector in the territorial entities and the impact of their activity on society. This option may be delegated to the departments in respect of non-certified municipalities.

5.10. Provide technical and administrative assistance to territorial entities where there is a place.

5.11. Monitor compliance with national policies and sector norms in districts, departments, municipalities, indigenous and/or indigenous territorial entities. This faculty may be delegated to the departments in respect of the non-certified municipalities.

5.12. Issue regulation on costs, tuition fees, pensions, academic rights and other fees in educational institutions.

5.13. Distribute the for education resources of the General System of Participations, in accordance with the criteria set out in this law.

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5.14. Set technical parameters for the provision of state education service, standards and staff allocation rates, taking into account the particularities of each region;

5.15. To define annually the allocation per pupil, both of operation and of quality, for the provision of the educational service financed with resources of the General System of Participations, according to the educational typologies and the availability of the General System of Participations resources.

5.16. To determine the criteria to which the teaching and administrative plants of the educational plants should be subjected and the parameters for the assignment of staff corresponding to: students per teacher; students per head teacher; and students administrative, inter alia, taking into account the particularities of each region.

5.17. Define the educational basket.

5.18. If the creation, merger, elimination or conversion of the jobs demanded by the organization of the state education personnel plants is necessary, the governors and mayors must follow the procedure that the government indicates. National for that purpose.

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5.19. Establish the requirements for the certification of the municipalities, and decide on the certification of municipalities less than one hundred thousand inhabitants in accordance with article 20 of this law.

5.20. Establish incentives for districts, municipalities and educational institutions to achieve goals in coverage, quality and efficiency in resource use.

5.21. Perform the actions required to improve the administration of the General System of Participations resources.

5.22. Co-finance the assessment of achievements. Each department, district or municipality will be able to distribute a sum every three years to evaluate the educational attainment according to the methodology that the Ministry of National Education points out. 80% will be financed by the Nation and 20% will be financed by the territorial entity.

5.23. The other own of the administration and distribution activities, regulation of the General System of Participations.

CHAPTER II.

TERRITORIAL ENTITIES COMPETENCIES.

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ARTICLE 6o. DEPARTMENTS ' COMPETENCIES. Without prejudice to other rules, the following competencies are the responsibility of the departments in the education sector:

6.1. General Skills.

6.1.1. Provide educational, financial and administrative technical assistance to municipalities, where there is a place.

6.1.2. Administer and respond to the functioning, timeliness and quality of departmental educational information and to provide information to the Nation under the conditions required.

6.1.3. Support technical and administrative support for municipalities to be certified in accordance with this law.

6.1.4. Certify to the municipalities that they meet the requirements to assume the autonomous administration of the resources of the General System of Participations. If the municipality meets the requirements to be certified and the department does not certify it, it may apply to the Nation.

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6.2. Powers vis-à-vis non-certified municipalities.

6.2.1. Lead, plan; and deliver the educational service at preschool, basic, and average levels in their different modalities, in conditions of equity, efficiency, and quality, in the terms defined in this law.

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6.2.2. Manage and distribute financial resources from the General System of Participations to the municipalities within its jurisdiction, for the purpose of the provision of educational services by the State, taking into account the criteria established in this law.

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6.2.3. Administer, exercising the powers outlined in article 153 of Law 115 of 1994, educational institutions and teaching and administrative staff of educational plants, holding the plant of charges adopted in accordance with this law. To do so, it will conduct contests, make appointments to the required staff, manage promotions, without in any case exceeding the amount of resources available in the General System of Participations and move teachers among the municipalities, preferably among the borders, with no more legal requirement than the issuing of the respective duly motivated administrative acts.

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6.2.4. Participate with own resources in the financing of the educational services in charge of the State, in the co-financing of educational programs and projects and in the investments of infrastructure, quality and endowment. The costs covered by these resources will not be able to generate permanent expenses in charge of the General System of Participations.

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6.2.5. Maintain current coverage and promote its expansion.

6.2.6. To evaluate the performance of directors and directors, and of management teachers, in accordance with the current rules.

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6.2.7. To carry out the inspection, surveillance and supervision of the education in its jurisdiction, in the exercise of the delegation to which the President of the Republic shall carry out.

6.2.8. Provide technical and administrative assistance to educational institutions when there is a place.

6.2.9. Promote the implementation and implementation of quality improvement plans.

6.2.10. Distribute among the municipalities the teachers, managers and administrative employees, according to the needs of the service, in accordance with the regulations.

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6.2.11. Distribute the departmental plant of teaching staff, managers and administrative employees, taking into account the criteria of the population attended and to attend in conditions of efficiency, following the national regulation on the matter.

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6.2.12. Organize the provision and administration of the educational service in your jurisdiction.

6.2.13. Monitor the implementation of the national regulation on fees for tuition, pensions, academic rights and other fees in educational establishments.

6.2.14. Co-finance the evaluation of achievements according to the number 5.22.

6.2.15. For the purposes of registration and promotions on the scale, the territorial entity shall determine the organizational distribution in charge of this function in accordance with the regulations issued by the National Government.

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Some of these powers, except for the nomination and transfer of personnel between municipalities, may be delegated to non-certified municipalities that comply with the parameters established by the Nation.

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ARTICLE 7o. COMPETENCIES OF THE DISTRICTS AND THE CERTIFIED MUNICIPALITIES.

7.1. Lead, plan and deliver the educational service at pre-school, basic and pre-school levels, in conditions of equity, efficiency and quality, in the terms defined in this law.

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7.2. To administer and distribute among the educational establishments in its jurisdiction the financial resources from the General System of Participations, destined to the provision of educational services in charge of the State, attending the criteria set out in this law and in the regulation.

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7.3. Administer, exercising the powers mentioned in article 153 of Law 115 of 1994, educational institutions, teaching and administrative staff of educational plants, holding the plant of charges adopted in accordance with this law. To do this, it will conduct competitions, make the appointments of the required personnel, manage the promotions, without in any case exceed the amount of the resources of the participation for education of the General System of Participations assigned to the respective territorial entity and move teachers between educational institutions, with no more legal requirement than the issue of the respective duly motivated administrative acts.

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7.4. Distribute among the educational institutions the teachers and the plant of charge, according to the needs of the service understood as the population attended and to attend in conditions of efficiency, following the national regulation on the material.

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7.5. They will be able to participate with their own resources in the financing of the educational services in charge of the State and in the co-financing of educational programs and projects and in the investments of infrastructure, quality and endowment. The costs covered by these resources will not be able to generate permanent expenses in charge of the General System of Participations.

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7.6. Maintain the current coverage and promote its expansion.

7.7. Evaluate the performance of directors and directors, and teachers.

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7.8. To carry out the inspection, surveillance and supervision of the education in its jurisdiction, in the exercise of the delegation to which the President of the Republic shall carry out.

7.9. Provide technical and administrative assistance to educational institutions when there is a place.

7.10. Administer the Municipal or District Educational Information System and provide the information to the department and the nation with the quality and the opportunity to point out the regulation.

7.11. To promote the implementation and implementation of quality improvement plans in their institutions.

7.12. Organise the provision of the educational service in your jurisdiction.

7.13. Monitor the implementation of national regulation on fees for tuition, pensions, academic rights and periodic charges in educational institutions.

7.14. Co-finance the evaluation of achievements according to the number 5.22.

7.15. For the purposes of registration and promotions on the scale, the territorial entity shall determine the organizational distribution responsible for this function in accordance with the regulations issued by the National Government.

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ARTICLE 8o. POWERS OF NON-CERTIFIED MUNICIPALITIES. Non-certified municipalities shall be assigned the following functions:

8.1. Manage and distribute the resources of the General System of Participations assigned to you for the maintenance and improvement of quality.

8.2. Move places and teachers among their educational institutions, through a duly motivated administrative act.

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8.3. They will be able to participate with own resources in the financing of the educational services in charge of the State and in the investments of infrastructure, quality and endowment. The costs covered by these resources will not be able to generate permanent expenses for the General System of Participations.

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8.4. Provide the information to the department and the nation with the quality and the opportunity to point out the regulation.

CHAPTER III.

OF EDUCATIONAL INSTITUTIONS, RECTORS, AND RESOURCES.

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ARTICLE 9o. EDUCATIONAL INSTITUTIONS. Educational institution is a set of persons and goods promoted by public authorities or by private individuals, whose purpose will be to provide one year of preschool education and nine degrees of basic education at least, and the average. Those who do not offer the full degrees will be called educational institutions and must be associated with other institutions in order to provide the complete basic education cycle to students.

You must have an official operating license or recognition, have the appropriate administrative infrastructure, educational supports, physical plant, and educational facilities.

The educational institutions will combine the resources to provide quality education, permanent evaluation, continuous improvement of educational service and learning outcomes, in the framework of its Educational Program. Institutional.

State educational institutions are departmental, district or municipal.

PARAGRAFO 1o. For reasons of public utility or social interest, departmental educational institutions operating in the certified districts or municipalities shall be administered by the districts and municipalities. certificates. For the same reasons, educational property may be expropriated in accordance with the Constitution and the law. Continuity in the provision of the educational service shall be ensured during the transfer of administration. For the improvement of the above, an inter-administrative agreement between the territorial entities will be signed.

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PARAGRAFO 2o. The public service debts of educational institutions whose administration is transferred from the departments to the certified districts and municipalities, caused prior to the date of the transfer, they will be paid by the departments.

PARAGRAFO 3o. The educational public institutions of the national order that work with national budget resources, will be transferred with the resources to the respective territorial entities, preserving their administrative autonomy.

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PARAGRAFO 4o. There will be a single administration when more than one day is operated on the same physical site. A single administration may also be designated for multiple physical sites, in accordance with the regulations.

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ARTICLE 10. FUNCTIONS OF RECTORS OR DIRECTORS. The rector or director of the public educational institutions, who shall be appointed by contest, in addition to the functions identified in other rules, shall have the following:

10.1. Lead the preparation of the Institutional Educational Project with the participation of the various actors in the educational community.

10.2. Chair the Board of Directors and the Academic Council of the institution and coordinate the various organs of the School Government.

10.3. Represent the establishment before the educational authorities and the school community.

10.4. Formulate annual plans of action and improvement of quality, and direct its implementation.

10.5. Direct the work of the teaching teams and establish inter-institutional contacts for the achievement of educational goals.

10.6. Carry out the control over the performance of the functions corresponding to the teaching and administrative staff and report the news and irregularities of the staff to the district education secretariat, municipal, departmental or whoever does times.

10.7. Manage the staff assigned to the institution in relation to what's new and the permissions.

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10.8. Participate in the definition of profiles for the selection of the teaching staff, and in their final selection.

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10.9. Distribute academic assignments, and other functions of teachers, teachers and administrative officers in charge, in accordance with the rules on the subject.

10.10. Carry out the annual assessment of the performance of teachers, teachers and administrative officers in charge.

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10.11. Impose disciplinary penalties of the internal disciplinary control system in accordance with the rules in force.

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10.12. Propose to teachers that they will be supported to receive training.

10.13. Provide timely information to the department, district or municipality, in accordance with their requirements.

10.14. Respond to the quality of service delivery in your institution.

10.15. Report to the Board of Directors of the Educational Institution at least every six months.

10.16. Administer the Educational Services Fund and the resources that are assigned to it in the terms of this law.

10.17. Publish once a semester in public places and communicate in writing to parents, teachers in charge of each subject, schedules and the teaching burden of each one.

10.18. The others assigned to you by the governor or mayor for the correct delivery of the educational service.

PARAGRAFO 1o. The performance of the rectors and directors will be evaluated annually by the department, district or municipality, attending the regulation that for such end the National Government. Non-approval of the evaluation in two consecutive years implies the removal of the charge and the return to the exercise of the teaching in the grade and with the salary allocation corresponding to it in the scale.

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ARTICLE 11. EDUCATIONAL SERVICES FUNDS. State educational institutions may administer Education Service Funds in which resources will be managed to finance expenditure other than personnel, which will facilitate functioning of the institution.

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ARTICLE 12. DEFINITION OF EDUCATIONAL SERVICES FUNDS. State entities holding educational establishments must open an account for each of them in their accounts, in order to provide certainty to the Councils. Managers about the income they can expect, and make it easier for them to exercise, with the rectors or directors, the ability to orient the expenditure in the way that best meets the purposes of the educational service within the circumstances of each establishment. That account is called the "Educational Services Fund."

The regulations, taking into account the differences between urban and rural establishments, will say what kind of income, expenditure and goods can be handled through such an account; and where and how goods will be maintained. register with it, in accordance with the Organic Law of the Budget and this Law, as soon as they are relevant.

The regulations referred back will distinguish between the income that the state entities allocate to the educational service in each establishment, the ones that the individuals link to the perception of services, and those that link with the purpose principal or exclusive to benefit the community. All such revenue may be recorded in the accounts of the Funds under the conditions laid down in the Regulation.

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ARTICLE 13. PROCEDURES FOR THE PROCUREMENT OF EDUCATIONAL SERVICES FUNDS. All acts and contracts which have as their object goods and obligations to be recorded in the accounts of the educational services funds referred to in the the principles of equality, morality, impartiality and publicity shall be respected in accordance with the principles of equality, morality, impartiality and publicity, applied in a reasonable manner to the specific circumstances in which they are to be held. They will be done for the fundamental purpose of protecting the rights of children and young people, and of achieving efficiency and speed in the care of the educational service, and the economy in the use of public resources.

Acts and contracts of higher than twenty (20) monthly minimum wages will be governed by the rules of state procurement, taking into account their value and nature, and the circumstances in which they are held. The National Government may indicate the cases in which the amount referred to in this paragraph shall be lower.

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The rector or director shall conclude the contracts to be paid from the resources linked to the Funds, under the conditions and within the limits laid down by the regulations.

With strict adherence to the principles and purposes set forth in the first paragraph of this article, and to the regulations of this Law, the Board of Directors of each establishment may point out, based on the experience and the specific analysis of the needs of the establishment, the formalities, guarantees and constances which must be fulfilled in order for the rector or director to conclude any act or contract which he believes, extinguishing or modifies obligations to be recorded in the Fund, and the amount of which is less than twenty (20) minimum monthly wages. The Council may also require that certain acts or contracts require a specific authorisation from you.

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There will always be public information about the Fund's accounts under conditions to be determined by the regulation. The omission in the reporting duties will be a serious lack of discipline for the person who incurs it.

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No other rule of Act 80 of 1993 shall apply to acts and contracts of less than twenty (20) minimum monthly wages to be linked to the accounts of the Funds.

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ARTICLE 14. BUDGET MANAGEMENT OF EDUCATIONAL SERVICES FUNDS. The territorial entities shall include in their respective budgets, appropriations for each Fund of educational services in the educational establishments in their capacity, both of the participation for education as own resources.

In the income submitted to the budget for the budget no will be included those obtained by agreements with individuals, prizes, donations or others, whose main purpose is to benefit the educational community. The regulations will include the provisions necessary for individuals who wish to link goods or services for the benefit of the community in state educational establishments to be able to do so on a contract authorized by the Council. Manager and held by the rector in which the entity in charge of the establishment commits to the use of these goods in the agreed form, without transfer of ownership when the contract has not been provided for, and in accordance with the rules of the Civil Code. If the entity in charge of the establishment acquires pecuniary obligations under such contracts, they must be of such a kind that they can be fulfilled in all the rules of the expenditure of the Funds.

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The owners of educational establishments may include in their budgets appropriate appropriations related to them, which must not be handled through the educational services funds.

The regulations will determine how and to whom the money orders will be made to meet the expenses of the educational services funds; and how they will account for the respective resources.

The Board of Directors in each establishment will draw up a revenue and expenditure budget for the Fund, in absolute balance. The Board of Directors may not increase the revenue budget without authorization from the District or Municipality to which the establishment belongs.

The Organic Law of Budget will apply to budgets that are drawn up by the Directive Councils for the Education Service Funds, and to their implementation, only when directly referring to them.

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CHAPTER IV.

DISTRIBUTION OF EDUCATION SECTOR RESOURCES.

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ARTICLE 15. DESTINATION. The resources of the participation for education of the General System of Participations will be used to finance the provision of the educational service , taking into account the technical and administrative standards, in the following activities:

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15.1. Payment of the teaching and administrative staff of the public educational institutions, the contributions inherent in the payroll and their social benefits.

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15.2. Construction of infrastructure, maintenance, payment of public services and the functioning of educational institutions.

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15.3. Provision of the educational basket.

15.4. Those aimed at maintaining, evaluating and promoting educational quality.

PARAGRAFO 1o. These resources may also be allocated to the procurement of the educational service in accordance with the provisions of article 27 of this law.

PARAGRAFO 2o. Once the costs of providing educational service are covered, departments, districts, and municipalities will allocate resources from participation in education to the payment of school transportation when the Geographical conditions require it to ensure access and permanence in the educational system of children belonging to the poorest strata.

PARAGRAFO 3o. TRANSIENT. Under the resources of the participation for education of the General System of Participations, it will be financed for only one time the established missing for the covering of the costs of the payroll of the teachers of the departments and educational coverage conventions to December 31, 2001, provided that the respective departments ' own resources have been insufficient to meet these obligations. To this end, they will have to submit to educational rationalization plans and submit for validation from the Ministry of Education, information on the deficit to be financed. The resource spin will be made immediately the respective information has been received.

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ARTICLE 16. DISTRIBUTION CRITERIA. The participation for education of the General System of Participations will be distributed by municipalities and districts according to the criteria outlined below. In the case of uncertified municipalities the resources will be administered by the respective Department.

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16.1. Attended population

16.1.1. Annually, the assignment will be determined per pupil, according to the different educational typologies that will define the Nation, attending, educational levels (preschool, basic and average in its different modalities) and urban areas and rural, for the entire national territory.

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It is understood by typology a set of variables that characterize the provision of the educational service at preschool, basic and middle levels, according to differentiated methodologies by rural and urban areas. Within the same typology the assignment will be the same for all students in the country.

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The typologies that apply to the departments created by the Constitution of 1991, must recognize their special conditions for the provision of the public education service, including population dispersion.

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The allocation per pupil in conditions of equity and efficiency according to educational levels (preschool, basic and average in their different modalities) and zone (urban and rural) of the education sector financed with public resources, this at least for: the costs of the teaching and administrative staff required in the educational institutions including the loans, the resources allocated to quality of education which correspond mainly to school endowments, maintenance and adequacy of infrastructure, administration fee departmental, financial and information systems.

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The Nation will define the methodology for the calculation of the allocation per pupil and annually set its value by attending to the different typologies, subject to the availability of the resources of the General System of Participations.

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16.1.2. The per-pupil allowance will be multiplied by the population served with the resources of the General System of Participations in each municipality and district. The result of this operation will be called participation by the population, and constitutes the first basis for the change of resources of the General System of Participations.

The population served will be the population effectively enrolled in the previous year, funded by resources from the General System of Participations.

When the Nation finds that due to information deficiencies, a territorial entity received more resources than it would be responsible for in accordance with the formula set out in this Article, its participation should be reduced to the amount that is actually applicable to you. Where this is present, the excess resources shall be deducted from the allocation of the following year.

After determining the participation by attended population, the Conpes * annually, prior to technical analysis, will distribute the balance of the available resources attending to some or some of the following criteria.

Vigency Notes

16.2. Population to attend to efficiency conditions

Each district or municipality will be able to distribute a residual sum that will be calculated as follows: a percentage of the number of children of study is taken who are not being cared for by official and non-state institutions, and multiplied by the a child's allowance to be determined, giving priority to territorial entities with less coverage or where the official offer is lower, in terms of efficiency. The Conpes * will determine each year the percentage of the population to attend, which is proposed to the education system funded by the available resources of the General System of Participations during the next fiscal life.

Vigency Notes

The allowance for each child to be served will be calculated as a percentage of the allowance per child cared for and will be set annually by the Nation.

When tuition in education in a territorial entity is 100% of the target population, the target population will not be entitled to receive additional resources for the population to be met in terms of efficiency. Similarly, when the sum of the registered children, plus the result of the multiplication of the population factor to be determined by the Conpes * by the population attended, is higher than the target population (population of school age), only may transfer resources to finance up to the target population.

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16.3. Equity

Each district or municipality may distribute a residual sum to be distributed according to the poverty indicator certified by the DANE.

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ARTICLE 17. TRANSFER OF RESOURCES. Education participation resources will be transferred as follows:

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Certified districts and municipalities will directly receive the resources of education participation.

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The resources of the participation for education in the uncertified municipalities and departmental corregimientos, will be transferred to the respective department.

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Quality resources will be turned directly to the municipalities and will not be used for personnel expenses of any nature.

On the basis of 100% of the capacity that appears in the annual budget law, the annual cash program will be determined, in which the monthly turns corresponding to the participation for education will be established for the departments, districts or municipalities. The orders must be made in the first ten (10) days of the month following the transfer, for this purpose the participation for education of the General System of participations in the annual law of the budget, up to the amount that will be rotated in the respective validity.

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ARTICLE 18. RESOURCE MANAGEMENT. The departments, districts and certified municipalities will administer the resources of the General System of Participations in special and independent accounts of other entities ' income territorial. These monies shall not make a unit of cash with the other income and resources of the territorial entity. These resources, from the education sector, will not be eligible for attachment, pignorization, securitization, or any other financial disposition class.

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PARAGRAFO 1o. The sums corresponding to the employer and affiliate contributions, social security and parafiscal contributions of the territorial entities by the teaching staff of the state educational institutions, shall be directly deducted from the resources of the participation for education of the General System of Participations. The Nation will have a period of no more than two years to perfect the process of discounts, with the information of the territorial entities.

PARAGRAFO 2o. The resources that correspond to the Social Security Fund of the Magisterium, including those of the Fonpet, will be directly discounted by the Ministry of Finance and Public Credit, and Background.

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PARAGRAFO 3o. The percentage of the sale of the Sales Tax assigned to the forecast department boxes and the National Fund of Social Benefits of the Magisterium, for the final payment of the cesanties and pensions of the nationalized teaching staff, under Law 43 of 1975 and other provisions, makes part of the participation for education of the General System of Participations and preserves its destination.

PARAGRAFO 4o. The value of the actuarial calculation corresponding to the teachers that were paid with own resources of the territorial entities, financed and co-financed, as well as of the public establishments that are Member of the National Fund of Social Benefits of the Magisterium shall represent the consolidated balance of the debt of each of the responsible territorial entities. In order to establish the value of the consolidated debt balance, account shall be taken of the debt contributions and redemptions made by the territorial entities to the date of consolidation.

The consolidated balance of the debt will be paid with the resources that under this law will be transferred to the National Pension Fund of the Territorial Entities, Fonpet, for the payment of the education sector's loan liabilities. For these purposes, the Fonpet will perform the corresponding transfer. In any event, once the consolidated balance of the debt has been cancelled, the resources transferred to the Fonpet will retain their destination for the payment of pension obligations in the education sector.

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ARTICLE 19. MANDATORY INFORMATION. On the occasion of the regulation in each year, the departments, districts and municipalities shall supply the Ministry of Education with information of the respective year concerning the factors indispensable to the calculation of the costs and incentives of the following year. If financial information is required, it shall be endorsed by the General Accountant or by the departmental counter-delegation.

Officials of departments, districts and municipalities that do not provide the information within the time limits set by the Ministry of Education will incur disciplinary misconduct and will be subject to the corresponding sanctions, established in the Single Disciplinary Regime.

In case the territorial entity does not provide the information, for the calculation of the distribution of the resources, the information estimated by the Ministry of Education will be taken and the respective entity will not participate in the distribution of resources. per population to be met in terms of efficiency and equity.

CHAPTER V.

SPECIAL PROVISIONS IN EDUCATION.

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ARTICLE 20. CERTIFIED TERRITORIAL ENTITIES. They are territorial entities certified under this law, the departments and the districts. The Nation will certify the municipalities with more than a hundred thousand inhabitants before the end of 2002. For the purposes of the population calculation, the DANE projections based on the last census will be taken.

All municipalities with less than 100 thousand inhabitants who meet the requirements laid down in the regulation on technical, administrative and financial capacity may be certified.

It is up to the departments to decide on the certification of the municipalities under a hundred thousand inhabitants, which fill the requirements. If six months from the filing of the application has not been resolved or has been rejected, the municipality may come to the Nation to decide on the respective certification.

Certified municipalities must demonstrate, when required by the National Government, that they maintain the necessary capacity to administer the public education service. Those municipalities that fail to accredit their capacity will lose certification.

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ARTICLE 21. LIMIT TO THE GROWTH OF COSTS. The commitments to be acquired by the departments, districts and municipalities certified for the provision of the educational services in their capacity, when they are acquired with resources from the General System of Participations, may not exceed the amount of participation for education, in the respective fiscal life, certified by the National Department of Planning, for each territorial entity.

Departments, districts, and municipalities will not be able to use the General System of Participations, which exceed the amount of the resources of the General System, to be used by the General System of Participations.

The growth of costs for ascents in the ranks of the territorial entities ' offices or any other cost of the educational service, charged to the General System of Participations, will have the limit of the amount of the available resources, in the General System of Participations. no recognition exceeding this limit will not proceed, those that are performed will not be valid and will result in tax liability for the official who orders the respective expense.

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With the resources of the General System of Participations, no benefits or bonuses can be created by the territorial entities.

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ARTICLE 22. TRANSFERS. Where the transfer of a teacher or teacher is required for the proper provision of the educational service, the teacher or teacher shall be executed the departmental appointing authority. district or municipality certified when carried out within the same territorial entity.

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In the case of transfers between certified departments, districts or municipalities, in addition to the duly motivated administrative act, an inter-administrative agreement between the territorial entities shall be required.

Move requests and permutas will proceed strictly in accordance with the needs of the service and the composition of the personnel plants of the territorial entities cannot be affected with them.

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The National Government will regulate this provision.

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ARTICLE 23. FINANCIAL RESTRICTIONS ON HIRING AND NOMINATION. No department, district or municipality may link or hire teachers, teachers, or administrative employees, with resources other than those of the General System of Participations, not having the current income of free destination necessary to finance their salaries and other expenses inherent to the payroll including social benefits, in the short, medium and long term.

All recruitment of staff for the provision of the educational service with own resources must ensure that at least the entire cohort of basic education students is attended, for which a financial study should be carried out. support the authorization of future vigencies by the assemblies or councils, and the approval of these by the respective corporations.

Non-certified municipalities or departmental corregimientos will not be able to link or hire teachers, teachers or administrative officers for the education sector, or to hire under any modality or institutions for the provision of the service; this function shall be exclusive to the respective service provider.

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In no case will teachers, teachers and administrative staff linked or contracted with own resources be funded from the General System of Participations, without prejudice to criminal and civil liability, disciplinary and tax authorities of those who order and execute the linkage or recruitment.

In no case shall the Nation cover expenses for teaching staff, teachers, or administrative officials in the education sector, other than those authorized in this law.

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ARTICLE 24. SUSTAINABILITY OF THE GENERAL SYSTEM OF PARTICIPATIONS. During the seven-year period, from January 1 to 1. From 2002 to 30 December 2008, the rise in the scale of teachers and teachers, in the running, will be governed by the following provisions:

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In no case can it be promoted, from the seventh grade in the scale, from one grade to the next and no later, without having met the requirement to remain in each of the grades. Only undergraduate and graduate studies may be approved for up to grade 10 of the national teaching scale, in accordance with the current rules.

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The training requirement will be in the specific area of performance or general according to the regulations that the National Government will point out for this purpose.

The length of stay of grades 11, 12 and 13 established in the current provisions is increased by one year from the time of this law, and will not be approved.

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The departments, districts and municipalities will be able to allocate 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 of the sector's resources, to finance promotions on the scale, prior to the certificate of the budget availability. Any promotion exceeding this limit must be financed with current free-provision income of the respective territorial entity, subject to a certificate of availability.

Vigency Notes

Teachers working in rural areas of difficult access will be able to have incentives consisting of bonus, training, and time, among others, in accordance with the regulation that for the implementation of this article will issue the government National.

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PARAGRAFO. The career regime of new teachers and teachers who are linked, on a provisional or definitive basis, from the time of this law, will be the one that is issued in accordance with the Article 111.

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ARTICLE 25. OF THE WORK ARRANGEMENTS OF DIRECTORS OF DIVISIONS, ADMINISTRATIVE UNITS OR THE LIKE. The divisions, administrative units or similar units set up by the territorial entities shall be carried out by officials subject to the ordinary administrative career.

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ARTICLE 26. BONUS FOR VOLUNTARY WITHDRAWALS. The National Government may provide a bonus for pensioners who are voluntarily withdrawn from the service.

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ARTICLE 27. PROVISION OF EDUCATIONAL SERVICE.

1 of Law 1294 of 2009. The new text is as follows: > The Departments, Districts and Certified Municipalities, will provide the public service of education through the Official Educational System.

Only where there is insufficient evidence or limitations in the educational institutions of the Official Educational System may the provision of the educational service be contracted with non-profit, state or educational entities. (a) where the above is not sufficient, with a recognised track record and suitability, without the detriment of ensuring coverage and infrastructure in state educational services. The value of the benefit of the service financed from the resources of the general system of participations cannot exceed the allocation per student, defined by the Nation. Where the value is higher, the surplus shall be paid from the territorial entity's own resources, with the restrictions set out in this law.

When the provision of the service is contracted with non-state entities, the territorial entity shall ensure the attention of at least the complete cycle of basic education students.

Missionary Education Contracted and other forms of education that were being financed with resources from the Fiscal District, and the municipalities ' units in the National Revenue of the Nation will be able to continue financing with the General System of Participations resources.

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When with the General System of Participations the municipalities or districts engage in the provision of the educational service with non-state entities, the value of the service provision financed with these system resources may be higher than the per-pupil allowance defined by the Nation. Where the value is higher, the surplus shall be paid from the territorial entity's own resources, with the restrictions set out in this law.

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When the provision of the service is contracted with non-state entities, the territorial entity shall ensure the attention of at least the complete cycle of basic education students.

Missionary Education Contracted and other forms of education that were being financed with resources from the Fiscal District, and the Municipalities ' Participations in the National Income of the Nation will be able to continue financing with the General System of Participations resources.

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ARTICLE 28. INVESTMENT PRIORITY. Departments, districts and municipalities will give priority to investment that benefits the poorest strata. Without detriment to the universal right to education.

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ARTICLE 29. THE CONTROL OF COMPLIANCE WITH THE CONDITIONS OF THIS LAW. In order to ensure compliance with the conditions under which the powers, responsibilities and functions of this law are to be assumed, the the following causes for the Nation, Ministry of National Education, to determine that a department, municipality or district for the administration of one or more of the educational services in charge, is subject to the education control system which may be exercised directly by the Nation or contracted, without prejudice to criminal, disciplinary or fiscal sanctions to be imposed by the competent authorities. This control system will proceed, in the judgment of the Nation:

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29.1. When a department, district or municipality does not report the required information or report inaccurate information.

29.2. Where a department, district or municipality has decreased the quality of services or covers for reasons attributable to the administrative management of those services.

29.3. When based on the assessment of the financial, technical and administrative management of the education sector and for reasons attributable to the department, district or municipality, irregularities are detected in the provision of the service.

29.4. When a department, district or municipality does not meet the minimum quality standards in service delivery.

29.5. Where the competent authority establishes that in a department, district or municipality resources have been diverted from the sector.

Territorial entities will be able to request a new assessment in order to establish whether the causals that motivated the operation of the education control system were corrected.

The education control system is considered to be the cost of service delivery and can be paid from the resources of the General System of Participations.

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ARTICLE 30. APPOINTMENT OF A TEMPORARY ADMINISTRATION. When the evaluation of the control of the education referred to in the previous article has been carried out, the territorial entity does not take the necessary actions to correct the faults in the service the Ministry of Education may suspend the legal capacity of the territorial authorities for the administration of the public education service and temporarily designate a special administrator, who may be a national or departmental official, or to whom the Ministry appoints, to take over time and under the conditions to be determined, the administration of the educational service in the territorial entity.

The special administrator shall have all the powers of the head of the intervention agency for the administration of the public education service, for as long as the Ministry of Education points out, and may provide for the purpose of the resources of the General System of Participations and other resources for the public educational service, as a computer for expenditure and nominator within the limits of the law.

Special administration will be aimed at ensuring the delivery of the service and correcting the failures that led to the assessment of education control.

The special administration referred to in this article is considered to be the cost of providing the service and will be paid from the resources of the General System of Participations.

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ARTICLE 31. LOSS OF CERTIFICATION. In the case of municipalities, when the special administration referred to in the previous article fails to correct the failures that gave rise to this, they will lose the certification and will be administered by the respective department, without prejudice to requesting and obtaining a new certification.

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ARTICLE 32. INFORMATION SYSTEM. The departments, districts and municipalities shall have an information system in the education sector and keep it updated in accordance with the guidelines to be determined by the Nation.

The governors and mayors will be required to report annually to the Ministry of National Education the payroll of all the personnel charged to all sources of financing, discriminated against by each of them, with their modifications, endorsed by the Ministry of Education. municipal or departmental counter.

Failure to comply with these provisions will be deemed to be serious and will entail the respective penalties for the departmental, municipal and district education secretary, and the official or officials responsible for administering the plant or the payroll, and will be causal in order to order the special intervention of the administration by the Ministry of Education.

The implementation of the information system is considered to be the cost of providing the service and can be paid from the resources of the General System of Participations.

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ARTICLE 33. SOCIAL CONTROL. The departmental, municipal and district education secretaries shall report annually to the boards of the official educational institutions and shall make public by the mass media of their jurisdiction, the resources, places, and payroll to be assigned to each of the institutions according to the personnel assignment parameters defined by the Nation.

Failure to comply with this provision will be deemed to be serious and will result in the respective penalties for the Secretary of Education or who does his or her duties.

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ARTICLE 34. INCORPORATION TO PLANTS. During the last year of the article 37 of this law, the plants of teaching, management and administrative positions of the educational plants, of the departments, districts and municipalities.

Established the plants, teachers, teachers and administrative managers of the educational plants, who were appointed with the full of the requirements, will maintain their linkage without solution of continuity.

Teachers, teachers and administrative officials of educational plants, which to 1o. of November 2000 were engaged in orders to provide services, which are provisionally linked, must meet the requirements of the teaching and administrative career for their definitive incorporation to the plants that are set.

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CHAPTER VI.

TRANSIENT PROVISIONS IN EDUCATION.

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ARTICLE 35. OF THE TRANSITION PERIOD. The transition period of this Law shall be up to two (2) years, counted from the time of its validity.

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ARTICLE 36. INCORPORATION OF COSTS INTO THE GENERAL SYSTEM OF PARTICIPATIONS FOR EDUCATION. The incorporation of the costs into the General System of Participations referred to in paragraph 2 of paragraph 1. of the article 357 of the Constitution, the 1o will be realized. of January 2002.

To determine the cost of service delivery, the cost of teachers and administrative staff and managers of educational facilities will be based on 1o. November 2000, financed with the resources of the municipalities ' participation in the current income of the Nation, the fiscal position, the additional resources of the fiscal position, and the own resources of departments and municipalities, without the participation for education exceeds 58.5% of the total resources of the General System of Participations.

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