S.E.

MESSAGE THE PRESIDENT OF THE REPUBLIC THAT BEGINS WITH A BILL FOR ESTABLISH
ING A PREFERENTIAL GRANT FOR SCHOOL CHILDREN VULNERABLE SOCIO-ECONOMICALLY. ____
___________________________ SANTIAGO, October 18, 2005
MESSAGE
No. 362-353 /
Honourable Members: A S.E. THE PRESIDENT OF THE H. CHAMBER OF DEPUTIES.
Camera
of
In exercise of my constitutional powers, I hereby propose a bill that is essenti
al to establish a central idea grant preferential school children socio-economic
ally vulnerable, as noted in the last public accounts of 21 May. I. BACKGROUND O
F THE PROJECT. 1. Progress. A central plank of the Government has been making se
nse of social growth, so that it actually becomes greater welfare for all Chilea
ns, reducing poverty and inequality. This lifelong vocation for equality was ref
lected in numerous initiatives undertaken since 1990, such as education reform,
health reform, judicial reform, the new labor courts and family, our efforts to
expand training opportunities and employment , among many other initiatives. All
these actions have contributed to the fruits of growth are shared among all Chi
lean families. We are convinced, on the other hand, personal growth and family-
that
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inextricably linked to provide greater opportunities in education, which has mot
ivated us to work consistently for the poor of our country can access more and b
etter opportunities in education. The result of this effort are more than 2800 n
ew schools delivered in the last five years, the extension of compulsory educati
on to twelve years, more than 25 000 school-retention grants to be disbursed thi
s year for those young people with a higher risk of dropping out of school compl
ete their secondary education. This has resulted in the expansion of the Full Sc
hool Day at the national level, which now covers seven thousand to ten thousand
educational establishments, which more than two million students have access to
it. Also note the huge expansion of school feeding and free distribution of text
books, which allows our country today, and distributed a million daily rations 6
00 000 and delivered free textbooks fourteen million per year. 2. One more step.
Has certainly been significant progress in the aim of providing greater educati
onal opportunities for children from vulnerable families. However, advances in i
nfrastructure, teaching resources, salaries of teachers and curricular moderniza
tion are not enough. Now we must put more energy and resources to improve the qu
ality of what happens within each "classroom" for all children, particularly the
most vulnerable to learn more and better. We aspire to be a community of equals
and not a stratified community, which tolerates the punishment and differentiat
ion of its citizens simply because it does not control subjects, how the home wa
s born. We seek a just society that strives to reduce the weight of undeserved d
ifferences. All people with the same educational level, who demonstrate skills,
should have opportunities for social mobility.
3
Education is undoubtedly a central element which allows or promotes such mobilit
y, to the extent that direct its efforts to educate citizens on equal opportunit
ies and prepare to face the tasks required by society in the world of work. Havi
ng access to a quality education system, to key positions in the workplace, to p
olitical power, for example, should be based on citizens' personal merits, regar
dless of their social origin, socioeconomic status, race, sex, ethnicity, religi
on, political or any other form of status. We hold that the equal opportunities
and fair treatment of all citizens that make up a democratic society should be c
onsidered essential values that guide the generation of public policies, especia
lly in education. Therefore, it is time that Chile remove the unacceptable inequ
alities between those who today are educated in schools subsidized by the state.
There is no section of society, especially families, that ignores the importanc
e of sending their children to school. It is, then, to ensure that attendance at
these educational institutions meet the purpose for which parents send their ch
ildren to them: they will learn and develop their talents fully.€The task at han
d is to equalize opportunities to learn from the students for whom the economic
and social situation of their homes creates a disadvantage. Our schools can and
should be able to offset these disadvantages. This is a basic requirement of our
nation no citizen is discriminated against because of their social background.
The schools in our country should strive to reduce the weight of the differences
in educational outcomes that have nothing to do with the talent of these childr
en. We must give more to those with less, offset the disadvantage. In this case,
pretending that everyone receives the same when their
4
needs are different, is to discriminate. Hence, we propose to make a decisive ch
ange in relation to charter schools. From now on, we want to give more to those
most in need, providing resources to schools to do better, rewarding those that
succeed. The instrument we have designed to foster this change, vital link in th
e educational reform is the Preferential School Subsidy for children from vulner
able families. This seeks to improve the quality of education in those places wh
ere there is greatest need. II. PREFERENTIAL SCHOOL SUBSIDY.
The new grant will be distributed to schools to demonstrate effective results in
improving learning. In addition, these schools may not discriminate against any
child, and do not be vulnerable students require any form of shared financing.
This grant is aimed at improving the quality of education for girls and children
from vulnerable families, thereby directing more resources where there is great
est and where they can be more effective in offsetting inequality. That is why t
he initial effort will focus on students between preschool and fourth core, wher
e we know we should focus the greatest effort to overcome the disadvantages of h
ome learning. Additionally, the Grant School Preferential introduces a step chan
ge in the relationship between the state and schools. Today we deliver the resou
rces no matter what you do with them or the results obtained. With this grant no
t only want to give more to the children most in need but also want to ensure th
at public resources are effectively applied to learning, educational outcomes co
nditioning them to goals based on national standards of learning, and rewarding
those schools adequately develop talents of her students and
5
students. Therefore, for the introduction of the Preferential School Subsidy hol
ders made subsidized educational establishments and meet sign an "Agreement of E
qual Opportunity and Excellence in Education" with the Ministry of Education, wh
ich assume no commitments discrimination and equal opportunities, and commit to
achieving quality educational outcomes, sustainable over time. From now ask the
attention not only students, but also require a commitment to achieving quality
learning of students, particularly the poorest. With the proposed change, theref
ore, not only to reduce substantially the disadvantages faced by children in mor
e modest areas. Will reform the system so as to adapt the system to the needs of
children rather than leave children to system limitations. We know that the cur
rent subsidy alone does not work to improve quality and improvement programs alr
eady tested do not have sufficient strength to bring about change. We also know
you have to compensate for differences in origin and that not all children what
they can pay, it being necessary that in part to factors associated with the edu
cational establishment that serves. We also know which are those elements that a
llow schools to serve highly vulnerable populations and achieve high scores on n
ational tests measuring quality. In that sense, the new Prime School Grant is re
sponsible for the shortcomings of our system of funding and support to education
al establishments described above amounts to devote separate school grant, recog
nizing the different cultural capitals of the families of the students, establis
h compliance in the delivery of the grant against educational outcomes and becau
se it strengthens the monitoring systems and technical and pedagogical support.
6
In summary,€Preferential School Grant learns from the experiences and new knowle
dge in the area and seeks to correct limitations and shortcomings of the educati
onal system are still present, such as inequalities in the quality of education
and brain drain due to inefficiency and ineffectiveness of the educational syste
m and its potential negative effects on growth and equity.
The task of enormous magnitude, and requires the unity of all. We know what to d
o for this purpose of justice and fairness are met. But this will only happen if
all state educators, supporters and parents, we are partners in this effort and
do the same national commitment. III. MAIN CONTENTS OF THE PROJECT. The project
is essential contents: 1. Recipients. the following
The new preference called educational grant, the project creates and regulates,
is aimed at students and economically vulnerable, which is called priority, subs
idized educational establishments, they are studying 1 st or 2 nd level educatio
n transition nursery and from the 1st to 4th year of general basic education. Th
e quality of student will be given priority by the Ministry of Education by an i
nstrument that defines the Ministry of Planning (Planning Ministry) and consider
ing the level of education of the mother or, failing that, the parent or guardia
n and urban / rural status home. Girls and children to whom you want to focus pu
blic resources need to receive educational services that improve significantly f
or the realization of equality of opportunity. Through this bill the State of Ch
ile is a step forward in promoting education for the poorest section found at th
e base
July
the educational system. The quality of the education of these children is the to
p legal right that the project seeks to protect and promote, subject to this oth
er property equally important as freedom of education management and statutory r
ights. 2. Freedom to enter and stay.
Next, the bill establishes that all holders of municipal and private educational
institutions may apply freely supported this new subsidy scheme, so that their
students, the requirements to qualify as priority benefit from this new grant. T
he stay in the system has a limit of six years, at the end of which the holders
are free to renew or not their agreement. 3. Convention of equal excellence. opp
ortunities and
On the other hand, to join the preferential subsidy scheme, the draft stipulates
that holders of educational institutions must sign with the Education Ministry
a Convention on Equal Opportunity and Educational Excellence for a minimum perio
d of six years. This agreement is an essential set of clauses exempts all pupils
priority recovery, eliminates the selection process, without affecting the free
dom of management of the establishments with their own educational project, mand
ates the retention of students priority of certain conditions, requires to impro
ve their academic performance and imposes a commitment to inform their parents /
 guardians. 4. Establishments and emerging self. Then, the draft states that the
first year of entry into force of the new grant, all establishments will be cla
ssified in the categories of self or consequential damages. Will qualify as inde
pendent, those educational institutions that have shown consistently good educat
ional outcomes of students in tests SIMCE
8
according to national standards established for such purposes. The others will b
e classified as emerging and shall formulate and implement a strategy for educat
ional improvement. This classification determines the amount of subsidy that eac
h facility actually receive priority for each student to attend. For educational
institutions authorized to operate autonomously, the value is 1.4 USE. For auth
orized educational institutions and emerging, the value is 0.7 USE. 5. Improveme
nt strategies.
Emerging Schools must define and implement an intervention strategy designed to
achieve within four years, performance goals that enable them for the higher end
of the Preferential School Subsidy. For the realization of its improvement stra
tegies, should take measures aimed at achieving national learning standards to w
hich should be coordinated and joint actions with the institutions and relevant
social service networks to detect,€derive and treat psychological, social and sp
ecial educational needs of students priority for, along with additional educatio
nal activities to the processes of teaching and student learning priority to imp
rove school performance. Emerging Schools with more than 15% of priority student
s will receive additional resources to develop the Strategy for Educational Impr
ovement. 6. Concern about bad outcomes educational establishments. with
The emerging educational establishments within one year
9
since the signing of the Convention on Equal Opportunity and Educational Excelle
nce, do not hold an approved Educational Improvement Strategy or those having it
fail to implement it will be declared by the Ministry of Education and educatio
nal institutions in recovery. In the same category are classified those establis
hments or emerging autonomous obtaining consistently poor educational performanc
e of pupils in national tests to measure quality, according to national standard
s established for emerging educational establishments. Thus, the subsidy will no
longer receive preferential treatment, receiving economic support in place temp
orary special, and will begin a restructuring process regulated three-year, acco
rding to the plan agreed upon a tripartite team composed of one representative o
f the Ministry of Education by the holder, or his designated representative, and
an external entity with expertise on the subject. If in three years to establis
h its performance improves as required, shall be classified as emerging or stand
-alone, as appropriate, but if it does not achieve this goal, will be out of the
system and fail to receive this grant, the Ministry of Education may revoke the
recognition official establishment. 7. Assessment and support. Next, the draft
states that the Ministry of Education will ensure the proper use of the new gran
t through a continuous process of evaluation, monitoring and evaluation through
supervision to all establishments of the system, and a pedagogical supervision a
nd implementation support Strategies for Educational Improvement and Restructuri
ng Plans for establishments classified as emerging or recovery, respectively. Th
is process was carried out directly or through outside bodies to perform that fu
nction.
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8. Quality learning outcomes. Achieving results will be evaluated considering th
e educational attainment, non-discrimination and retention. The verification of
these achievements will be made through the use of results in the System for Mea
suring the Quality of Education (SIMCE), which is the crucial measurement. At le
ast every five years, the Ministry will update the national standards of perform
ance, which will be used to check progress of quality of educational institution
s. 9. Establishments where measurements do not allow inferences about its qualit
y. The project, in order to allow classification of such establishments as the 4
th grade enrollment is insufficient for the purpose of making reliable statistic
al inferences about their educational outcomes, indicates that the Ministry of E
ducation evaluation mechanism will adapt to the characteristics of these establi
shments. In these cases, the Convention on Equal Opportunity and Educational Exc
ellence should include, where possible, functioning as a systemic whole and arti
culate, or network with other establishments with similar characteristics. While
this measurement is not made, all properties in this condition will be consider
ed "emerging."
10.Facultades and responsibilities of Ministry of Education.
of
The project determines the set of responsibilities and authority that the Minist
ry will have to allow proper operation Preferential System Grant. 11.To establis
h sanctions compliance with international conventions. not
Next, the bill establishes a set of new faults and their
11
sanctions because of non-compliance of the "Convention for Equality and Excellen
ce in Education" and the commitments of the Reorganization Plan, in the case of
establishments subject to the system that are in the class recovery. 12.Informac
ión permanent and updated. Moreover, the draft states that the Ministry of Educa
tion shall maintain a current database of establishments that receive state fund
ing for each municipality in the country. Additionally,€this basis, record the a
mounts and types of contributions for each establishment, with the results obtai
ned by students in measures of quality of education and assessments associated w
ith the special grant provided by this law. The regulations of this law stipulat
e how that should take this database. The Ministry of Education, based on the in
formation referred to above, shall prepare a form for each country's educational
establishment that receives grant school, being obligated to inform the familie
s who care about the content of the tab.
13.Sistema qualifying subsidized establishments.
all
the
The project, then establishes that whether or not participating in preferential
subsidy system, charter schools are classified by category. In the event that th
ese educational institutions have similar results to those in the system is call
ed "In Recovery", schools will be identified as "Need for Special Measures." Sch
ool 14.Subvención first level of transition from pre-school education (preschool
). The plan calls for a universal grant to the first level of transition
12
Early Childhood Education (pre-kindergarten) from the 2007 school year. 15.Prime
r period. Finally, the transitional articles of the draft establishes standards
for the commencement of operation of the new subsidy scheme, starting the first
month of the year 2007. IV. BRIEF DESCRIPTION OF THE PROJECT.
The project consists of two titles. The first creates and regulates a new school
subsidy scheme to the attention of socio-economically vulnerable children, call
ed preferential subsidy. The second introduces modifications to the current Law
on State Grants for Educational Establishments, Decree with Force of Law No. 2 o
f 1998, the Ministry of Education. By Title First is created and regulated, then
a subsidy for the improvement of the quality of education for pupils priority a
re studying from 1 st transition level and 4th year of basic general education,
for which it defines as a student priority those children for whom the economic
situation of their homes makes their ability to meet the educational process, an
d whose quality is determined by the Ministry of Education, or the body which it
determines, by an instrument in the household's socioeconomic characterization
defined Ministry of Planning. Entitled to ascribe to this subsidy scheme for edu
cational institutions governed by the Decree with Force of Law No. 2 of 1998, th
e Ministry of Education, to address children's priority. The project establishes
the application procedure, the classification system to be affected establishme
nts who apply and the categories they belong. It also regulates the Convention o
n Equal Opportunities and Excellence in Education to be signing to join the subs
idy scheme.
13
Moreover, the project establishes the powers of the Ministry of Education for on
going monitoring of teaching performance and control of compliance with the obli
gations laid down by law. Additionally, said violations and penalties. In terms
of obligations and legal requirements applicable to the establishments that they
subscribe to this grant, the project differs depending on whether the establish
ments classified as independent, emerging and recovery, differentiating preferen
tial grant amount awarded for each student assistant in providing additional or
extraordinary, as appropriate, receiving facilities in connection with the Educa
tional Improvement Strategies and Plans Restructuring to be addressed. Concordan
t with this, we define the unit value of subsidy per student monthly priority fo
r the category of educational establishment. In the administration of this grant
preferential arrangements, the delivery bill that responsibility to the Ministr
y of Education also created a public register of technical educational instituti
ons, which provide support to educational establishments for the development and
implementation of strategies educational improvement and restructuring plans. I
n the second title introduced several modifications to the DFL N º 2 of 1998, th
e Ministry of Education, which contains the Law of the State Grant schools. Thes
e are as follows. First, he joined the subsidy scheme to the first level of tran
sition from pre-school education. Second, amending Article 50 of the said Act Gr
ant, adding new offenses€such as breach of the obligation to report under Articl
es 64 and 65 of the Act
14
Subsidies that are added by this Act. Third, amending Article 52 of the Act rela
ting to penalties Grants, setting limits on the penalty fine, eliminating the pe
nalty of suspension of payment of the grant, and establishing a precautionary me
asure immediate retention of it in processes under investigation by these violat
ions, considering the nature and amount of the alleged infringement. Fourth, sta
tes that the Ministry of Education will maintain a public database with relevant
information of all educational institutions supported, so that school boards, p
arents and guardians and the school community to form an appreciation for the co
ntribution of establishment to student learning. It is also envisaged that this
information must be given to the school community through a card drawn up by the
Ministry school. Finally, it stipulates that the Ministry of Education shall cl
assify subsidized schools in the country, according to the standards established
under Article 8 of the Preferential Subsidy Act, must include in this classific
ation category Establishments with the need for special measures for those yield
s are systematically deficient, which shall take the measures provided for in th
e Act Grant Preferential recovery establishments Finally, the bill provides for
certain transitional provisions governing the entry effective preferential subsi
dy scheme, in particular, the mechanism for determining the classification of ed
ucational institutions to express their intention to join this scheme as no nati
onal standards are established under Article 8 of the bill.
Consequently, I have the honor to submit for your consideration, the following
15
DRAFT
DE
L E Y:
"TITLE I OF THE GRANT SCHOOL PREFERENTIAL Paragraph 1 Grant Preference Article 1
. Believe it an educational grant called preferential aimed at improving the qua
lity of students' education priority of educational institutions supported, they
are studying 1 or 2 st level of transition from early childhood education and f
rom 1st to 4th year of basic general education. Article 2. For the purposes of t
he grant preferential priority means students for whom the socioeconomic status
of their homes hinder their ability to meet the educational process. The quality
of primary students will be graded by the Ministry of Education, or the body wh
ich it determines, by an instrument in the household's socioeconomic characteriz
ation defined by the Ministry of Planning. For those students whose homes do not
have the socioeconomic characterization of your home, consider the education of
the mother of the student and, failing that, the schooling of the parent or gua
rdian with whom the student living and urban / rural status home. Students whose
family belongs to Chile Solidario System quality will have priority by operatio
n of law only. Article 3. The specific criteria and procedures for the qualifica
tion referred to in the preceding article shall be defined in a regulation made
by the Ministry of Education, which will further the signing of the Ministers of
Planning and Finance.
16
Article 4. Shall be entitled to the educational grant preferential educational i
nstitutions governed by the Decree with Force of Law No. 2, Education, 1998, her
einafter "Subsidies Act," whose holder has signed an agreement referred to the a
rticle 6 of this Act. This grant will pay for priority students enrolled in thes
e establishments, as provided in Articles 12 and 13 of this law. Article 5. In a
ll matters not expressly covered by this Act, the grant preferential governed by
the rules of Parts I and IV of the Act grants. The loss of the conditions for r
eceiving subsidies of the Act, and the deprivation or suspension of payment of t
he same, have the effect of suspension or withdrawal, as applicable, preferentia
l subsidy and contributions covered by this law. Article 6. To join the preferen
tial subsidy scheme, the holders must sign with the Ministry of Education an Agr
eement of Equal Opportunity and Educational Excellence, by the educational estab
lishment concerned.€This agreement will cover a minimum period of six years, ren
ewable for equal periods. Through this agreement, the holder must undertake the
following key commitments: a) Exempting students priority of charges laid down i
n Title II of the Subsidies Act, referred to Finance Shared, and any charge that
the nomination or conditional student's income. b) Agree to all students who ap
ply to the establishment within the capabilities it has authorized, in the level
s of education as it applies Preferential Grant. In the event that a number of a
pplicants exceed the permitted capacity of the educational establishment, the in
corporation of students will stick strictly to a public and transparent process
of nomination, in no case shall consider the economic or social status of the ho
usehold and the past academic performance or potential candidate. c) To report,
for the educational institution holds institutional educational project, parents
and guardians of the project and establishment of rules of procedure, provided
that the materialisation of the application there is an acceptance of parents an
d guardians to the draft regulations and rules procedure. d) Retain in establish
ing priority to students with low academic performance and foster a special peda
gogical technical assistance to improve their school performance, failing to exc
lude pupils for reasons
17
academic. e) Establish and effectively fulfill the goals of academic performance
of students agreed upon with the Ministry of Education, according to the result
s obtained by applying the national evaluation system referred to in Article 19
of Law N ° 18 962 , Organic Constitutional Education, according to the decree re
ferred to in Article 8 hereof. f) Comply with each of the obligations imposed by
this Act, as the category has been rated the establishment. In the case of muni
cipal educational establishments, the aforementioned Convention will become part
of management commitments referred to in Article 70 bis of DFL N º 1, 1997, the
Ministry of Education. Article 7. The educational institutions who apply the ru
les grant preferential under the provisions of this legal body, will be classifi
ed into the following categories: a) Educational Establishments Self: those who
have consistently shown good educational outcomes for their students according t
o instruments designed by the Ministry of Education for the purposes of Article
19 of Law N ° 18 962, according to national standards established for such purpo
ses. b) Educational Establishments Emerging: those who have not consistently sho
wn educational success of their students according to the designed by the Minist
ry of Education for the purposes of Article 19 of Law N ° 18 962, according to n
ational standards to be established for such purposes. New educational instituti
ons may join the scheme Preferential Educational Grant when they have at least t
wo measurements according to the instruments. Article 8. The national standards
and specific criteria for the classification of educational outcomes to which th
e preceding Article relates shall be established by Supreme Decree of the Minist
ry of Education, and must be updated at least every five years. The procedure fo
r identifying and monitoring of educational outcomes for the purposes of this Ac
t, shall be established in the rules of this law. Article 9. In order to allow c
lassification in the categories indicated in article 7, of those establishments
whose 4th grade enrollment is insufficient
18
for the purpose of making reliable statistical inferences about their educationa
l outcomes, measured as provided in Article 19 of Law N ° 18 962, the Ministry o
f Education to adapt the aforementioned evaluation mechanism for the characteris
tics of these establishments. The Convention of Equal Opportunity and Educationa
l Excellence established by Article 6 of this law, in the case of educational in
stitutions in the foregoing paragraph shall include, where possible, the obligat
ion to function as a systemic whole and articulated or network with other establ
ishments with similar characteristics and geographical proximity, according to t
he procedures established in the regulations of this law. Article 10.The applica
tion to enter the school grant preferential arrangements will be made in the mon
th of August each year at the Regional Ministerial Secretariat for Education, to
join the scheme from next school year. The Regional Ministerial Secretariat of
Education, during the months of September and October, analyze the situation of
each educational establishment that nominating and proceed to their classificati
on in the appropriate category, according to Article 7 of this Act. When this cl
assification has occurred previously, as provided for in Article 66 of the Subsi
dies Act, it shall be considered as background for the purposes of the applicati
on. Article 11.La resolution of the Ministerial Regional Secretary of Education
to establish the classification indicated in Article 7 hereof, shall be served p
ersonally or by registered letter to the applicant, and may be appealed to the S
ecretary of Education within 15 days from the date of notification. Article 12.L
a school grant preferential have the following monthly unit value per student pr
iority, expressed in units of educational grant (USE), by category of educationa
l institution established by resolution of the Ministerial Regional Secretary of
Education, according to article 7 of this law:
Grant Value USE autonomous educational ABEstablecimientos emerging educational e
stablishments 1.4 0.7
Article 13.The holders of educational establishments classified as independent o
r emerging receive preferential monthly subsidy provided in this law. Its amount
is determined by multiplying the corresponding value under
19
previous article by the average attendance average priority students during the
three months prior to payment. In the months not included in the school year and
the first month of the year referred to the procedure will be used in the secon
d and third paragraphs of Article 13 of the Subsidies Act, applied to students p
riority. Similarly with regard to the suspension of classes or school activities
for a calendar month, shall apply in the fourth paragraph of Article. Article 1
4.The facilities incorporated into this grant scheme will be submitted by the Mi
nistry of Education to ongoing monitoring of their performance in the pedagogica
l and supervision of compliance with the obligations referred to this law, accor
ding to procedures, frequency and indicators that specify the rules of this law.
The results of the evaluation of the fifth and earlier years, as appropriate to
the category in which the establishment is located will be notified during the
school year following the last measurement used for evaluation. This new classif
ication will be effective to tell the school year immediately following the noti
fication. During the year of graduation, the establishment will maintain the pre
vious category.
Paragraph 2 ° Educational Establishments Autonomous Article 15.Wherever autonomo
us establishments shall evaluate compliance with the obligations contained in th
e Convention on Equal Opportunity and Educational Excellence, especially retenti
on of students with academic difficulties priority and enforcement of academic a
chievement of all students, according to the results of a national measurement a
pplied to the 4th year of basic general education during the period referred to
Article 19 of Law No. 18 962. The evaluation of these establishments, according
to the aforementioned academic achievements, will be held by the Ministry of Edu
cation at least every five years. If the outcome of this assessment, with regard
to academic achievement, indicates that they have complied with the obligations
of the preceding paragraph, remain as the Self. Otherwise, these establishments
will the quality of emerging recovery of establishments referred to in paragrap
h 4 of the Title I of the Act.
20
Paragraph 3 establishes Emerging Educational Article 16.The holder classified as
an emerging educational institution must assume the additional commitments are
listed below, which, once signed, will be added to the Convention of Equal Oppor
tunity and Educational Excellence: 1. Develop a first year Education Improvement
Strategy, which must be approved by the Ministry of Education, to be executed w
ithin a maximum period of four years.€This strategy must include at least: a) An
initial diagnosis of the situation of the establishment and teaching and learni
ng process for all students, as well as an evaluation in the human resources, te
chnical and material inside the establishment. b) A set of educational outcome t
argets to be achieved during the implementation of the Strategy. In any case, th
e deadline for implementing the Strategy, the educational establishment must mee
t the national standards of learning. 2. Coordinating and linking activities wit
h the institutions and networks relevant social services to identify, refer and
treat psychological problems, social and special educational needs of students a
priority. 3. Develop educational activities to complement the teaching and stud
ent learning priority to improve school performance. Article 17.Los qualified an
d emerging educational establishments which have a higher priority student ratio
to 15% of student enrollment, considered it from the 1st level of transition fr
om preschool education to 4 th year of basic general education shall be entitled
to perceived from the start of the implementation of the Strategy for Education
al Improvement extra input of resources to help finance the Strategy. To impleme
nt the strategy referred to in the preceding paragraph, the establishments liste
d here are allowed to use additional resources for support services from an exte
rnal entity with relevant technical capacity, which in any case must be entered
in the register indicated Article 26. The annual amount of resources received by
institutions emerging from the application of point B. - Article 12 and the add
itional contribution referred to this article
21
not exceed what would correspond receive at the same establishment, where it was
in the category of Self. The Regulation referred to in article 3 set out the cr
iteria for determining the amount of additional funding. Article 18.The Ministry
of Education will undertake monitoring emerging educational establishments deve
lop their strategy to improve education. one that
The Ministry of Education will evaluate annually the implementation of commitmen
ts under the Convention on Equal Opportunities and Excellence in Education by th
e holder for each educational establishment pop. Article 19.Si assessments ident
ified in the previous article, in reference to academic achievement, indicate th
at an educational institution has been emerging national standards for the categ
ory of autonomous institutions referred to in Article 8 of this law, holder may
apply to the Ministry of Education that the establishment is classified in that
category from the following school year, according to the procedure for this pur
pose by the regulations of this law.
§ 4 Educational Establishments Recovery Article 20.The Ministry of Education, by
order of the Regional Ministerial Secretary of Education, educational establish
ments classified as those establishments Recovery emerging autonomous or incorpo
rated into the scheme of this law repeatedly get poor educational outcomes their
students, according to the designed by the Ministry of Education for the purpos
es of Article 19 of Law No. 18 962 and in accordance with national standards est
ablished for emerging educational establishments. Be understood as consistently
poor results do not satisfy, at least for two years, with national standards acc
ording to what is stated in Article 8 of this Act. Recovery will also be classif
ied as emerging educational establishments, within one year from the signing of
the Convention on Equal Opportunity and Educational Excellence, lack the Educati
onal Improvement Strategy referred to in Article 16 of this law. The same classi
fication receive those educational institutions that, having adopted a strategy,
not pursued, a situation that will be verified by the Ministry of Education in
the evaluation referred to the second paragraph of Article 18 of the Act.
22
The classification of an establishment in category Recovery may be made from the
second year signed the Convention of Equal Opportunity and Educational Excellen
ce, except in the case of an establishment to be entering this category in accor
dance with the provisions of the Article 66 of the Law on Grants.€The establishm
ent to be declared in the category in the classification and recovery remain sub
ject to the obligations under this Act to such establishments for three years fr
om the next school year in which it was classified in that category. Article 21.
La resolution declaring at an educational institution in the class in Recovery,
as I noted in the preceding article shall terminate the right to grant preferent
ial implore by the holder of the establishment, beginning next school year. This
resolution shall be served personally or by registered letter to the holder and
may be appealed to the Secretary of Education within 15 days from the date of n
otification. Article 22.educacionales obligations: The recovery in holders will
have the following facilities
1) Achieve national standards for an emerging category within three years after
the school year following the termination of the preceding article. 2) Achieve t
he Restructuring Plan to establish a tripartite team composed of one representat
ive of the Ministry of Education by the holder, or his designated representative
, and by an external body with expertise on the matter from those incorporated i
n the record referred to Article 26 of this law. This plan will emerge from an E
valuation Report of Educational Quality of the proposed establishment by the ext
ernal entity as outlined above. The Restructuring Plan will cover both the admin
istrative and establishment and management of the teaching and learning and thei
r practices and be prepared before the start of the school year following the en
actment of the resolution referred to in Article 20. 3) Apply contained in the P
lan. restructuring measures
If the proposed restructuring of the management team of teachers, technical or c
lassroom teaching in order to overcome the deficiencies identified by the report
23
Educational Quality Assessment on the staff of educational institution, the hold
er may apply the following measures, without any of them can be regarded as unde
rmining for teachers: a) Redestinación tasks and / or functions;
b) Destination of the teacher to another establishment of the holder who has the
status of autonomous or emergency; c) Development of plans for professional dev
elopment for teachers, it can be used for all or part of the contracted workday.
Such measures must be adopted taking into account the level of deficiency that
must be passed and according to the possibilities of the holder, including the e
xtraordinary contribution referred to the article below. Article 23.Los supporte
rs of educational institutions declared in recovery receive from the school year
following the resolution referred to in Article 20, a special economic contribu
tion of a temporary nature, provided by the Ministry of Education to design and
carry out the activities identified in the preceding article. The annual amount
of this special contribution shall not exceed the amount that would be for the e
ducational institution if you apply the grant laid down in point B.del Article 1
2 of this Act priority by students enrolled in the first quarter of school year
considering the percentage of actual average attendance of pupils registered pri
ority in the months immediately preceding the school year. These resources shoul
d be applied to improvement measures contained in the Restructuring Plan referre
d to in the preceding article. The surrender of these resources shall be stamped
by the external entity. Article 24.Si completed within 3 years as set out in pa
ragraph 1 of Article 22, the educational establishment in recovery reach the sta
ted objectives of the restructuring will be classified as emerging or stand-alon
e, as appropriate. On the other hand, if the establishment fails to recover thes
e goals in that period, may not continue in the Educational Grant Scheme obtain
the grant preferential or preferential, the Ministry of Education may revoke the
recognition. This resolution will be dictated by the Ministerial Regional Secre
tary of Education and served on the holder by registered letter.
24
Shall appeal to the Secretary of Education, within 15 days after the notificatio
n of the decision.
Paragraph 5 ° Responsibilities of the Ministry of Education
Article 25.The Management of Education Grant Scheme Preference will be given by
the Ministry of Education. Under Ministry of Education: of these functions corre
spond to
a) Classify educational institutions in the categories mentioned in Article 7 of
this Act and report to health facilities, school boards, parents and guardians,
the school community and the general public, b) Adhere to the Conventions Equal
Opportunity and Educational Excellence and verify compliance; c) Make an evalua
tive monitoring of the implementation of the Strategies for Educational Improvem
ent and enforcement of the agreement referred to article 6 of this Act; d) Deter
mine instruments and the opportunity to verify compliance with the commitments m
ade by educational establishments that are part of the Conditions of Grant Prefe
rential e) Conduct a pedagogical supervision for establishments classified as em
erging or recovery, which may take the form directly or through outside bodies t
o carry out this function f) Propose strategies to improve education supporters
and methodologies
g) Establish the form and frequency in which the holders of educational establis
hments must inform the School Board and parents and guardians on the status of t
he establishments under the school grant preferential regime, especially for the
commitments and requirements would h) To develop and integrate the Tripartite T
eam stated in Article 22 of this Law; i) apply the penalties referred to in
25
Article 28 j) All other actions necessary for compliance and purposes of this Ac
t. Article 26.The Ministry of Education establish a public register of Technical
Educational Institutions, which shall be entitled to support educational instit
utions for the development and implementation of the Restructuring Plan, as indi
cated in Article 17 and all other functions referred to in Article 22 of this La
w. The Regulation referred to in article 3 shall determine the requirements to b
e met by the entities that form part of the registry, to ensure technical qualit
y and expertise of these entities. The holders of contiguous geographical areas
or with similar characteristics may be associated with one another to receive te
chnical support from a technical entity in education. The fees of each education
al institution by that technical support will be paid by the holder to require t
heir services.
Paragraph 6 of the Offences and Penalties Article 27.Son grave breaches of this
Act, in addition to those recorded in the final paragraph of Article 50 of the A
ct Grants: 1) Failure of the key commitments set out in points a), b) c) d) of a
rticle 6, 2) Breach of the additional set out in Article 16 emerging educational
establishments and undertakings for
3) Failure to comply with the obligations laid down in Article 22 for educationa
l institutions in recovery. Rule 28.Las breach of this law shall be punished as
provided in Article 52, Law on Subsidies and by the procedure under Article 53 o
f the Act. Fines and deductions that apply under this law shall be for grants of
this law and those of the Law on Grants.
26
Article 29.En extent not provided in this paragraph, in respect of infringements
, withholdings, deductions and penalties shall apply the provisions of Title IV
of the Act grants.
PART II OTHER RULES Article 30.Introdúcense Decree with Force of Law Education:
the next N º 2, 1998, amendments to the Ministry of
1) is substituted in all its provisions, the term "pre-school education (second
level transition)" with "pre-school education (primary and secondary transition)
." 2) sense: a) Add the second clause, then the point d) the following point e)
new: to amend Article 50 in the following
"E) Failure to report under Article 64 and 65 of this Act;" b) Add, in the third
paragraph, then the letter h), the next letter i) new: a
"I) To remain two years after the school year following that have been classifie
d in the category of establishments in Need of Special Measures in accordance wi
th the provisions of Article 66 of this law, without applying the measures propo
sed by the Ministry Education to address this category. ".€3) with the following
: replacement of the first paragraph of Article 52 "The sanctions include: a) Fi
nes, which can not be less than five percent nor more than fifty percent of a un
it educational grant per student enrolled the date on which the violation is inc
urred. b) Deprivation of the grant, be total or partial permanent or temporary.
can
In case of temporary deprivation, it may not exceed twelve consecutive months. c
) Withdrawal of official recognition, and
d) temporary or perpetual inability holder to maintain or participate in any way
27
government funding. ".
of
establishments
educational
4) In Article 53, add the following new second paragraph, second paragraph from
the current to be third and so on: "Once notified the holder or his agent to inv
estigate the decision ordering process, the Ministerial Regional Secretary of Ed
ucation may as a precautionary measure, order, a reasoned decision, immediate re
tention, either total or partial payment of the grant, considering the nature an
d amount of the alleged violation. "5) and 67:" Article 64 .- For purposes of th
is Act, the Education Ministry will maintain a database containing relevant info
rmation on all educational institutions necessary for subsidized school boards a
nd parents / guardians and the school community, to form an assessment as to the
contribution the establishment to student learning. This database is public and
freely accessible to anyone who is interested in consulting it. Holders should
provide all information requested by the Ministry of Education required for the
maintenance of this database, particularly that information referred to in Artic
le 8 of Law No. 19 979. A regulation shall determine the form and method to be c
arried in the database, along with the frequency, method of updating and the inf
ormation it should contain. Article 65 .- From the information contained in the
database established in the previous article, the Ministry of Education School A
file summarizing the relevant information for the purposes stated in the previo
us article of each facility subject to this law school . School Fact Sheet will
be distributed to the respective educational institutions, and will surrender th
eir obligation to parents and guardians as well as the establishment candidates.
The information referred to in the preceding paragraph shall always be availabl
e to any interested party. The regulations specify the frequency, form and infor
mation sheet should contain the school. Agréganse the following Articles 64, 65,
66
28
Article 66 .- The Ministry of Education, according to information contained in t
he database referred to in Article 64 shall classify all of the country in subsi
dized or not participating in the Preferential Subsidy Scheme, according to seve
ral characteristics that set the rules. This classification should cover a categ
ory of establishments in Need of Special Measures will include those who have ac
hieved results consistently poor performance of their students according to nati
onal standards established for that purpose in the decree referred to article 8
of the Preferential Subsidy Act. To determine the classification of establishmen
ts should consider the results of student learning as measured through the instr
uments designed by the Ministry of Education for this purpose. The number of mea
surements which show the results in no case be less than two. By Presidential De
cree, issued by the Ministry of Education, shall determine the criteria and proc
edure for classification of educational establishments in this article. Also, th
e Presidential Decree established the pace at which educational establishments a
re subject to subsequent assessments to allow reclassification to another catego
ry, if appropriate. The decision to classify educational establishments will be
issued by the Regional Ministerial Secretary for Education. In that decision may
be appealed to the Assistant Secretary of Education, within 15 days after the n
otification of the decision that determines the category in which an educational
establishment is classified. Article 67 .- In the case of educational instituti
ons with need for special measures mentioned in the previous article, the Minist
ry of Education may, annually,€measures to overcome these establishments that ca
tegory. The establishments providing at least until the fourth year of general b
asic education kept more than two years in this category have the following scho
ol year have been classified, they will lose the right to implore all subsidies,
except to assume the obligations and undertake the measures set out in Article
22 of the Preferential Subsidy Act, in which case they shall be entitled to rece
ive the support set forth in paragraph 4 of the Act.. " Article 31.The higher fi
scal spending that represents the application
29
of this Act shall be financed from the resources that includes the annual Budget
Act the Public Sector.
Transitory Items
Article One transitorio.Los establishments who apply and are incorporated into t
he preferential subsidy scheme during the first two years of enactment of this l
aw, may be classified as self-employed if they meet the following requirements r
elated to the results of measurements made 4 ° by the Ministry of Basic Educatio
n for the purposes of Article 19 of Law No. 18 962, that is:
a) That the average score as a settlement is greater than the average score of t
he establishment located in the median income of her peer group. b) The percenta
ge of students SIMCE over 250 points is greater than the percentage of students
on this score that has an establishment situated in the median income of her pee
r group. c) The percentage of students SIMCE over 300 points is greater than the
percentage of students on this score that has an establishment situated in the
median income of her peer group.
This should occur in a significant number of measurements and sectors of learnin
g, which may not, in the case of measurements, less than two. The procedure used
to rank schools based on these criteria will be established in the relevant reg
ulation. In the same period mentioned in paragraph one, the classification refer
red to in Article 7 of this law will be done considering groups establishments w
ith similar characteristics. The criteria for that group will be established in
the rules of this law. These criteria shall consider primarily the socioeconomic
level
30
of students served and the resources or contributions in money that has or recei
ves the educational establishment. In the same period prescribed in the precedin
g paragraph, the educational institutions that join the preferential subsidy sch
eme does not satisfy the requirements of this and the following Article shall be
classified as emerging.
Article Two transitorio.Durante the first two years of enactment of this law, th
e establishments will be classified as in recovery if the following conditions w
ith respect to the results obtained in measurements made at 4 ° by the Ministry
of Basic Education for the purposes of Article 19 of Law N º 18 962: a) points.
b) The proportion of pupils on the SIMCE 250 points to below 20%. That your aver
age score lower than 220
This should occur in a significant number of measurements and sectors of learnin
g, which may not, in the case of measurements, less than two. The procedure used
to rank schools based on these criteria will be established in the relevant reg
ulation. Pending the establishment of national standards referred to in Article
8 of this Act, the classification of Article 7 of the same will be done consider
ing groups establishments with similar characteristics. The criteria for that gr
oup will be established in the rules of this law. These criteria shall consider
mainly the socioeconomic level of the students served and the resources or contr
ibutions in cash or in whatever or receive the educational establishment. In any
case, the supreme decree referred to in Article 8, must be made within 24 month
s following the entry into force of this Act. The same procedure was applied to
classify the educational establishments in Need of Special Measures referred to
in Article 66 of the Act grants.
31
Article Three transitorio.Durante the first year of operation of the law, educat
ional institutions which run for the grant holder Preference will be classified
as self-employed or are or are not emerging as the requirements of article one t
ransitional€is not applicable during this period of recovery or category referre
d to in the first paragraph of Article 66 of the Act grants.
Article four transitional .- In the period between the entry into force of the l
aw and the implementation of the mechanisms established under Article 9, the edu
cational establishments referred to in this Article shall be deemed, for purpose
s of the Grant PTA and Equality Convention Opportunity and Educational Excellenc
e established by Article 6 of this law, and emerging. Pending the implementation
of these mechanisms can not change their category.
32
Article five transitional .- This Act shall have the first month of the year 200
7.. "
God keep V.E.,
President Ricardo Lagos Escobar of the Republic
FARM Minister Sergio Bitar Education
Nicolas Eyzaguirre Guzman Minister of Finance