LAW NO. 20.845 OF SCHOOL INCLUSION THAT REGULATES THE ADMISSION OF STUDENTS, ELIMINATES THE SHARED FUNDING AND PROHIBITS THE PROFIT IN EDUCATIONAL ESTABLISHMENTS THAT RECEIVE CONTRIBUTIONS FROM THE STATE. Given its approval to the following Bill: " Article 1.-Enter the following amendments to the decree with force of law Nº2, 2009, of the Ministry of Education, which fixes the recast, coordinated and systematized text of the law Nº20,370 with the non-repealed rules of the decree with force of law Nº1, 2005: 1) Amend Article 3 in the following sense: (a) Add the following point (b), new, passing the current (s) to (c), and so on: " (b) Gratuity. The State shall progressively introduce free education in establishments subsidized or receiving permanent contributions from the State, in accordance with the law. "(b) Replace the letter (e), which has become f), by the following:" f) Diversity. The system should promote and respect the diversity of institutional educational processes and projects, as well as the cultural, religious and social diversity of families who have chosen a diverse and determined project, and are cared for by the conformity to the Constitution and laws. In the educational establishments of property or administration of the State, the secular formation will be promoted, that is, respectful of all religious expression, and the citizen formation of the students, in order to encourage their participation in the (c) The following second paragraph is added to (f), which has become g): " The educational system must also promote the principle of the responsibility of the pupils, especially in relation to the exercise of their rights and the fulfilment of their school, civic, citizen and social duties. This principle will be extended to parents and proxies, in relation to the education of their children or pupils. "d) Redeploy the letter h), which has become i), by the following:" i) Flexibility. The system must enable the process to be adapted to the diversity of realities, ensuring the freedom of education and the possibility of different institutional educational projects. " e) Redeploy the letter (j), which has become k), by the following: " k) Integration and inclusion. The system will provide for the elimination of all forms of arbitrary discrimination that impede the learning and participation of students. The system will also encourage educational establishments to be a meeting place between students of different socio-economic, cultural, ethnic, gender, nationality or religion conditions. " (f) Substitute the letter k), which has become l), which follows: " l) Sustainability. The system shall include and promote respect for the natural and cultural environment, the good relationship and the rational use of natural resources and their sustainability, as a concrete expression of solidarity with current and future generations. ". g) Add the following letters n) and n), passing the current letter l) to be m): " n) Dignity of the human being. The system must be oriented towards the full development of human personality and the sense of its dignity, and must strengthen respect, protection and promotion of human rights and fundamental freedoms enshrined in the Constitution. The policy of the Republic, as well as in the international treaties ratified by Chile and which are in force. The educational system will seek to develop alternative points of view in the evolution of reality and the multiple forms of knowledge, considering in addition the physical, social, moral, aesthetic, creative and spiritual aspects, with special attention to the integration of all sciences, arts and disciplines of knowledge. " 2) Amend Article 4 in the following sense: (a) Intercalase the following second, new point, passing the current points second to tenth, to be third to eleventh, respectively: " It is the duty of the State to ensure to all people an inclusive education of quality. It is also the duty of the State to promote the creation of the necessary conditions for the access and permanence of students with special educational needs in regular or special education establishments, as the best interests of the (b) Intercalase in its third indent, which has become fourth, between the words "access" and "a", the phrase "equitable, inclusive and without arbitrary discrimination". c) Reposition, in its fifth indent, that it has become sixth, the phrase "social inclusion and equity" for "social inclusion, equity, freedom and tolerance". 3) Amend Article 5 in the following sense: a) Redeploy the expression "education" by the phrase "an inclusive education". b) Intercalase, between the adjective "arbitaraía;" and the verb "to stimulate" the prayer " to encourage the development of a civic and secular culture, that is, respectful of all religious expression; and to promote the active participation, ethics and solidarity of the persons in the company, based on the international treaties on human rights ratified by Chile and which are in force; " 4) Amend Article 10 in the following sense: a) Replace, in the first paragraph of the letter a), the phrase "appropriate and timely" for "and adequate, timely and inclusive education". (b) In the first subparagraph of point (a), the phrase ", in accordance with the rules of procedure of the establishment", and add, as a penultimate sentence, the following: " They also have the right to respect the traditions and customs of the places (c) Intercalase, in the first subparagraph of point (b), between the words "a" and "being", the first time they appear, the phrase "to be associated with the institution of the institution". freely, in order to achieve a better education for their children, a ". (d) Add, in the first subparagraph of point (b), following the phrase "informed by" the expression "the holder and". (e) Attaché, in the first paragraph of point (b), following the words "their children", the expression "or pupils". (f) It shall be incorporated in the first subparagraph of point (b), following the word "academics", the phrase ", of the school life". (g) Replace the second paragraph of point (b), by the following: " For their part, they are the duties of the parents, mothers and proxies to educate their children, to inform, respect and contribute to comply with the educational project, the norms of coexistence and the functioning of the establishment they choose for them; support their educational processes; comply with the commitments made with the educational establishment; respect their internal regulations and provide respectful treatment to the the educational community. " 5) Amend Article 11 in the following direction: (a) Reposition, in the second indent, the expression "In establishments receiving state input," by "In educational establishments officially recognized by the State," (b) Substitute, in the fifth indent, the expression 'subsidised' by 'officially recognised by the State'. (c) Eliminate, in the fifth indent, the phrase "between the first level of transition from parvulary education and up to the sixth year of basic general education,". (d) Replace, in the sixth indent, the word "Likewise", by the expression "However" and the (6) Substitute Article 12 by the following: "Article 12.-In the process of admission of subsidized establishments or which receive regular contributions from the State, in no case shall they be eligible for the aid." Case may be considered the past or potential school performance of the applicant. Likewise, in these processes, the presentation of socioeconomic background of the applicant's family, such as level of schooling, marital status and patrimonial status of the parents, mothers or proxies, will not be a requirement. The process of admission of students to educational establishments will be carried out by means of a system that guarantees transparency, equity and equal opportunities, and that ensures the preferential right of parents, mothers or They will be able to choose the educational establishment for their children. The above points are without prejudice to the provisions of the Decree of Law No 2 of 1998 of the Ministry of Education. ' 7) Amend Article 13 in the following sense: (a) Substitute the first subparagraph by the following: " Article 13.-Without prejudice to the above article, the processes of admission of students and students must be objective and transparent, published in electronic means, in brochures or public murals. In no case will it be possible to implement processes that involve arbitrary discrimination, and must ensure respect for the dignity of the students, students and their families, in accordance with the guarantees recognized in the Constitution and in the "(b) Add, in the second indent, the word" to inform "the phrase", in the second indent, "in the second paragraph," the appropriate cases and in accordance with the law. " (c) Add a third subparagraph, of the following wording: " Those directly affected by an action or omission that amount to arbitrary discrimination in the educational field may institute the action of arbitrary non-discrimination established in the law Nº20,609, without prejudice to the provisions of the Convention on the Fight against Discrimination in the Sphere of Teaching. " 8) Article 45, the following fifth and sixth points: " An educational establishment which has begun the process of official recognition may commence activities only after the administrative act of official recognition has been fully completed. referred to in the first subparagraph of this Article. Failure to comply with the requirement described in the foregoing paragraph shall be deemed to be a serious infringement, as provided for in Article 76 of Law No 20,529. ' 9. Amend Article 46 in the following sense: (a) Intercalase, in the first subparagraph of (a), following the word "created", the expression "or recognized". (b) Replace the second subparagraph of point (a), by the following: " All holders who receive grants or regular contributions from the State shall not be able to pursue profit, and shall allocate such contributions in a complete and exclusive manner; and any other income for educational purposes. They shall also be accountable for their use and shall be subject to the audit and audit of the Superintendency of Education. '(c) Substitute, in the third subparagraph of point (a), following the expression' requirements: ', "Be" by "being", and add, following the semicolon that follows the phrase "of Education", the following sentence: " not having been condemned, on more than one occasion within the last five years, by a court of the Republic for having The Court of Justice held that the Court of Justice had failed to fulfil its obligations. (d) The following shall be added to the following: "Preliminary contributions of their employees, or by virtue of actions of work protection for the violation of fundamental rights of workers;". (d) Attaché, in the third subparagraph of (a), after the word "condemned": ", as an author, accomplice or concealer,". (e) Intercalase, in the third paragraph of point (a), between the word "law" and the separate point, the following sentence ", and not having been convicted with the penalty of absolute imprisonment for charges, employment, trades or professions in educational fields or involving a direct relationship and habitual with minors referred to in Article 39a of the Criminal Code. " (f) Add, in point (b), below the separate point, which becomes a comma, the following sentence " which, in any case, must be in keeping with the principle of arbitrary non-discrimination, not being able to include conditions or rules affecting the dignity of the person, nor that they are contrary to the human rights guaranteed by the Constitution and international treaties ratified by Chile and that they are in force, especially those that are about the rights of the children. ". g) Add, in the final paragraph of point (g), between the word "intra-family" and the final point, the sentence ", nor to the penalty of disablement laid down in Article 39a of the Criminal Code". Article 2.-The following modifications are introduced in the decree with force of law Nº2, 1998, of the Ministry of Education, which fixes the recast, coordinated and systematized text of the decree with force of law Nº2, 1996, on Subsidy of the State to Educational Establishments: 1) Modify article 1 in the following sense: a) Intercalase, between the adjective "free" and the verb "will receive", the phrase "and not for profit". b) Add the following second indent: " State funding through the grant provided for in this law is intended to ensure that all persons exercise the right to a quality education, in accordance with the provisions of this law. (2) Amend Article 2 of the Constitution of the Republic and the international treaties ratified by Chile and which are in force, in particular those concerning the rights of children. " 2) meaning: (a) Add, in the third subparagraph, in the numeral (iii), before the separate point, the following sentence: ", or have been sentenced with the sentence of absolute imprisonment for posts, jobs, trades or professions in educational fields or involve a direct and habitual relationship with persons under age referred to in Article 39a of the Criminal Code. " (b) Reposition, in the fourth indent, the phrase "points (b) and (c)" by the phrase "numerals (ii) and (iii)". (3) Add the following Articles 3, 3, 3, 3 and 3 (c), of the following wording: " Article 3.-The holder, as the cooperator of the State in the provision of the educational service, it will manage the grants and contributions of all kinds for the development of its educational project. These resources shall be subject to the fulfilment of educational purposes and may be used only for those acts or contracts which have the direct and exclusive object of the fulfilment of those purposes. For these purposes, the financing received is intended for educational purposes in the case of the following operations: (i) Payment of a remuneration to natural persons who exercise, permanently and effectively, functions of (a) higher administration which is necessary for the management of the holding entity in respect of the educational establishments of its dependency, which are clearly specified in the respective employment contract. Such functions may not be delegated, in whole or in part, to legal persons. The remuneration paid to natural persons who provide services in the senior management of the holding entity shall be understood as being included in this number. (ii) Payment of remuneration, fees and benefits to teaching staff who perform managerial, technical or classroom technical functions, and education assistants, who perform in the respective establishments or establishments. (iii) Expenditure on the administrative premises of the educational establishment or establishments. (iv) Costs of those services that are associated with the operation and administration of the educational establishments. v) Acquisition of all kinds of services, materials and inputs for the good development of educational management, as well as teaching resources and complementary inputs that are useful to the integral process of teaching and learning students. In the case of services of persons or pedagogical technical entities, as referred to in Article 30 of Law No 20.248, they may be hired only if their services are certified by the Ministry of Education and have been awarded by the Ministry of Education. means of tender or public tender, as appropriate. In the case of public tenders, they must be published, at least, in a regional circulation journal. The fees of such persons or entities shall be paid with the preferential school grant established by law Nº20.248. (vi) Investment in non-financial assets necessary for the provision of the educational service. Investment in fixed income financial assets, provided that the interest or income is used for the educational purposes set out in this article and that the provision of educational service is not affected in any way. (vii) Expenditure associated with the maintenance and repair of the buildings and furniture referred to in the previous numerals. (viii) Payment of obligations secured by mortgages, contracted for the sole purpose of acquiring the property or buildings in which the educational establishment of its dependency works, in accordance with Article 6 (a) of this law. (ix) Payment of bank or mutual credits whose sole and exclusive purpose is to invest the money of such credit or mutual in necessary or useful improvements, be they infrastructure, equipment or other elements that serve the purpose of the project educational establishment. If the holder is the owner of that infrastructure, such credits or mutual funds may be secured by means of mortgages. If these improvements exceed 1,000 monthly tax units, the School Board should be consulted in writing. (x) Expenses that are directly related to the improvement of the quality of the educational service of the educational establishments. (xi) Expenditure consistent with the educational project or educational establishments. In the case of the remuneration referred to in the number (i) of the second subparagraph, they must be paid under a contract of employment which establishes the temporary dedication and specifies the activities to be carried out, and be reasonably provided for consideration of the working day, the size and complexity of the educational establishments, the remuneration normally paid in contracts of such a nature with respect to educational arrangements of similar entity, and the income of the educational establishment by concept of grant and contributions of the State, in order to secure the resources for an adequate provision of the educational service. The Superintendence of Education, by means of instructions of a general nature, will regulate the provisions of the preceding paragraph and supervise its compliance. Without prejudice to the foregoing, the holders shall inform the Superintendency of Education which or which of its directors shall perform the functions indicated in the numeral (i) of the second subparagraph. For its part, such Superintendence, in use of its privileges, may request information regarding the accreditation of the performance of those functions. Operations carried out pursuant to numerals (iii), (iv), (v), (vi), (vii), (viii), (ix), (x) and (xi) of the second subparagraph shall be subject to the following restrictions: (a) They may not be carried out with persons related to the holders or legal representatives of the establishment, except in the case of non-profit or public legal persons who permanently provide services to the or the stable educational foundations of dependence on the holder in pedagogical technical matters, training and development of their educational project. The holder must report these persons to the Superintendence of Education. (b) they must be carried out in accordance with market conditions for the type of operation concerned at the time of the conclusion of the act or contract. In the case of transactions for consideration, the price of the transfer shall not be higher than that prevailing on the market. In the exercise of its general powers of audit and audit, the Superintendency of Education, in the case of operations carried out on the basis of numerals (iii), (iv), (v), (vi), (vii), (viii), (ix), (x) and (xi) of the second subparagraph, may to request the Internal Revenue Service to carry out the appraisals that correspond in accordance with the provisions of Article 64 of the Tax Code. Directors or legal representatives of the holding entity are prohibited from carrying out any of the following actions: 1) Induce administrators or those holding similar charges to render irregular accounts, submit information false or hide information. 2) To borrow money or assets from the holding entity or to use it for their own advantage or for persons related to them the goods, services or credits of the holding entity. (3) To use for their own benefit or persons related to them, to the detriment of the holding entity, to the commercial opportunities for which they have knowledge on the basis of their position. (4) In general, practice acts contrary to the statutes or educational purpose of the holding entity or to use its charge to obtain undue advantages for itself or for persons related to them to the detriment of the holding entity and its purpose. Infringement of the provisions of this article shall be deemed to be a serious infringement in the terms of Article 76 of Law No 20,529. A regulation of the Ministry of Education, which must be signed by the Minister of Finance, shall regulate the matters covered by this Article, without prejudice to the general rules governing these matters Superintendence of Education. Article 3 (a).-For the purposes of the foregoing Article, the following persons shall be understood as: (a) the members or associates, founders, directors, administrators or legal representatives of the holding entity; management of the educational establishment, in accordance with the provisions of Article 46 (a) of the decree with force of law Nº2, 2009, of the Ministry of Education. (b) the spouses and relatives up to the third degree of consanguinity or affinity of any of the persons referred to in point (a). (c) the legal persons in which any person referred to in (a) and (b) above has direct or indirectly 10% or more of the capital of the latter, the quality of manager or administrator. (d) natural or legal persons who have with any of the persons referred to in (a) and (b) business in common in whose ownership or control they have a decisive influence. Without prejudice to the foregoing, the Superintendence of Education may establish, by means of general rules, that it is related to a holder any natural or legal person who for relationships of property, administration, kinship, of liability or subordination, make it presumed that: (i) Your business with the holding entity is of such importance or strategic linkage, that it causes conflicts of interest with it; (ii) Your administration is determiningly influenced by the holding entity, and vice versa, or (iii) position or position is in a position to have information from the holding entity and its administration, which has not been publicly disclosed by the media that flout the law, and which is capable of influencing the decisions of that entity. For the purposes of the provisions of this Article, the rules of Title XV of Law No 18.045shall be applied. Article 3c.-The person who, by administering to any degree the public or other resources which the holder receives in his capacity as such, shall subtract or make use of them for a purpose other than the educational purposes referred to in Article 3, shall be required to be reintegrated into the educational establishment, duly adjusted in accordance with the variation expressed by the Consumer Price Index (CPI) in the period between the month preceding the month in which the subtraction was made or diverted and the previous month in which the refund was produced. If the infringement is proven, it will be sanctioned by the Superintendence of Education, in accordance with the rules of Title III of Law No 20,529, with a fine of 50% of the sum subtracted or diverted. Such amounts shall in no case be discounted or paid by any of the public or other resources that the holder receives in his capacity as such. The offences committed in the use of the resources referred to in the first paragraph of this Article shall also generate the civil and criminal liability that the legal system has. In this case, the Superintendence or the Internal Revenue Service shall report to the Public Ministry the facts that they take knowledge for the purposes concerned. Article 3c.-The resources of the school grant and other contributions that the holder receives in his capacity may be distributed among the various educational establishments supported by his or her dependency, in order to facilitate the operation of such establishments in a network, without prejudice to the provisions of special laws. "4) Amend Article 5 in the following sense: (a) Eliminate in its first subparagraph the expression", rights of registration, rights of education '. (b) Replace its second indent by the following: " Annually, the holders shall submit the information requested by the Superintendency of Education, in accordance with the general rules which it has, as regards: (a) The expenditure, unbundled, in remuneration of managers and, or administrators of the holding entity. b) An updated list with the complete individualization of its members or associates and managers, within thirty days of the end of each calendar year. Without prejudice to the foregoing, the holders shall immediately inform the Superintendence of any changes to the information contained in the last annual listing. (c) Disaggregated information regarding the list of the Educational Technical Assistance Agencies that have applied for the invitation to tender. (d) a copy of the full and timely payment of the pre-viewing contributions of all its staff. (e) the other information or background required by the Superintendence and which is determined by a general rule. " (c) Amend its third indent in the following terms: (i) Reside the initial locution "For the purposes of the accountability referred to in paragraph 3 of Title III of the law establishing the National System of Quality Assurance of Education," by the expression "In addition," (ii) Substitute the phrase "the annual statement of results to account for all revenue and expenditure for the period", as follows: " the financial statements and other records which form part of the process of accountability referred to in the 3rd paragraph of the Title III of the law that creates the National System of Quality Assurance of Education. " (d) Reposition, in its fourth indent, the expression " Failure to comply with the obligation referred to in the second subparagraph shall be punished as a fault, in the terms of Article 73 (b) of the law establishing the National System of Assurance of the Quality of Education. The failure to comply with the obligations laid down in the third subparagraph shall constitute a serious infringement of Article 50 of this Law, 'by the expression' Failure to comply with the above mentioned in the preceding points shall be considered as infringement '. (e) The following final indent shall be added: " The information referred to in point (a) of the second subparagraph shall be made available to the public, either physically or through the site. (5) Amend Article 6 of Regulation (EC) No 325/90 on the establishment of the (a) Reposition point (a) by the following: " (a) Have the official recognition of the State for having complied with the requirements laid down in Article 46 of the decree with force of law Nº2, 2009, of the Ministry of Education. In the case of individual holders, they must be constituted as corporations or private non-profit foundations according to Title XXXIII of Book I of the Civil Code, as legal persons governed by public law, such as corporation or educational entity in the terms of this law or as other non-profit legal persons established by special laws. They may not be a part of the entities referred to in the preceding paragraph who are fully engaged, in any form of recruitment, in the Ministry of Education and in the institutions subject to their dependency. " (b) Intercalase (a) the following subparagraph (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) to (a) fully and exclusively allocate the financing obtained by the State for education. In no case shall the holders who choose to receive the financing provided for in this legal body be entitled to pursue a profit by the provision of the educational service. " (c) Replace, in the first subparagraph of point (a) (a), which has (a) b) the phrase "present conditions of socio-economic vulnerability", the expression 'shall be a priority in accordance with Law No 20.248'. (d) Remove the second subparagraph of point (a) bis, which has become a) ter. (e) Add a new literal (a) quater to the following tenor: " a) quater.-The holding entity accredit that the building in which the educational establishment operates is its property and is free of charge, or uses it for the purposes of comodatary in accordance with the following rules: 1. The respective contract must be registered with the corresponding Real Estate Conservative. 2. It shall be held for at least eight years. Such a period shall be automatically renewed for the same period, unless the comodor communicates his intention not to renew the contract before the end of the term of four years. However, the comodatary will only be obliged to return the building once the agreed deadline is met. 3. The restrictions on related persons, as set out in point (a) of Article 3 (6) and the provisions of Article 3º, shall not apply. 4. In that contract the parties may individualize the retazo of the building in which the infrastructure in which the educational establishment operates is located. Without prejudice to the first subparagraph of this literal, the holder who, for the first time, impetre the subsidy in respect of an educational establishment may tax the immovable property in which it works, provided that the obligation which he has been contracted to acquire such a building. However, in order to continue impetrandola, it must prove its rise within the twenty-five-year period, counted from the notification of the decision granting it the power to impose the subsidy. Similarly, the building in which the educational establishment works may be taxed with easement, provided it does not affect the provision of the educational service. However, in the case of voluntary easements, these should be authorized by a resolution founded by the Regional Ministry of Education. Where, as a result of a fortuitous case or force majeure, the property used by the educational establishment is affected in such a way as to make it impossible to provide the educational service, the holder, with the sole purpose of securing the continuity of that service, may conclude lease agreements for the time required to overcome the situation of derogation, without the restrictions on related persons, as laid down in point (a) of the subparagraph, being applicable to it. Article 3 (6) and the provisions of Article 3 (a). These contracts must be authorized by means of a resolution established by the Regional Ministry of Education. The provisions of this literal shall not be required of those who are supporting those who, by legal impediment or by the characteristics of the educational service they provide, such as hospital classrooms or prison schools, cannot acquire the property of the building in which the educational establishment operates or to conclude contracts of such data, in accordance with the provisions of the first subparagraph. The Ministry of Education shall keep a record of such holders and their educational establishments, in accordance with Articles 18 et seq. of Law No 18.956. ' (f) Add a literal (a) quinquies, as follows: " a) quinquies. do not submit the admission of the students to selection processes, corresponding to the families the right to opt for the educational projects of their preference. For these purposes, the establishments shall develop the procedures for the application and admission in accordance with the provisions laid down in Articles 71a and following. ' (g) Intercalase, in the second sentence of the first subparagraph of point (d), following the word "establishment", the following sentence: "which shall expressly include the prohibition of any form of arbitrary discrimination". (h) The third, fourth and fifth subparagraphs of point (d) are replaced by the following: " Only the penalties or disciplinary measures contained in the rules of procedure may be applied, which shall in any event be subject to the principles of The Ministry of Education, the Ministry of Education, and the Ministry of Education, and the provisions of Article 11 of the Decree Law No. 2 of 2009, of the Ministry of Education. The removal or cancellation of the registration of a student or a student for academic reasons, of a political, ideological or other nature, shall not be allowed without prejudice to the following paragraphs. The removal and cancellation of registration measures may only be applied where their causes are clearly described in the rules of procedure of the establishment and, in addition, seriously affect the co-existence of school. " (i) Intercalanse, in point (d), the following seventh, eighth, ninth, tenth, eleventh and twelfth paragraphs: " Prior to the commencement of the procedure for expulsion or cancellation of registration, the director of the establishment shall have represented the parents, mothers or inconvenience of conduct, warning of possible application of sanctions and implemented in favor of the student or the measures of pedagogical or psychosocial support that are expressly established in the internal regulations of the educational establishment, which in any case must be relevant to the entity and gravity of the offence committed, always safeguarding the best interests of the child or pupil. A student's tuition may not be expelled or cancelled in a period of the school year that makes it impossible for him to be enrolled in another educational establishment. The provisions of the preceding paragraph shall not apply in the case of conduct directly against the physical or psychological integrity of any of the members of the school community, in accordance with paragraph 3 of Title I of the decree with law force Nº2, 2009, of the Ministry of Education. In that case it shall be carried out in accordance with the following paragraphs. The removal or cancellation of registration measures may be taken only by means of a prior, rational and fair procedure which must be covered by the rules of procedure of the establishment, guaranteeing the right of the student concerned and, or of the father, mother or manager to carry out his or her discharge and to request the review of the measure. The decision to expel or cancel a student's registration may only be taken by the director of the establishment. This decision, together with its grounds, must be notified in writing to the student concerned and to his father, mother or proxy, as the case may be, who may request the review of the measure within 15 days of notification of the measure. the authority, which shall decide after consulting the Council of Teachers. The Council must give its opinion in writing, and must have the relevant psychosocial technical reports and reports available. The holders and, or directors may not cancel the registration, expel or suspend their students for causes arising out of their socio-economic situation or academic performance, or linked to the presence of educational needs Special provisions of a permanent and transitional nature as defined in Article 9 (2), which are submitted during their studies. At the same time, they may not, directly or indirectly, exercise any form of pressure directed at students who have learning difficulties, or their parents, mothers or proxies, who are inclined to opt for another establishment on the basis of such difficulties. In case the student or the student repeats course, it should be stated in the sixth paragraph of article 11 of the decree with force of law Nº2, 2009, of the Ministry of Education. The Director, once he has applied the removal or cancellation measure, must inform the respective Regional Directorate of the Superintendency of Education, within five working days, in order for the Director to review, in the form, the compliance with the procedure described in the preceding paragraphs. It shall be for the Ministry of Education to ensure the relocation of the student concerned by the measure and to take the necessary support measures. ' (j) Replace the first subparagraph of point (e) by the following: " e) income, permanence or participation of students in all curricular or extracurricular activities related to the educational project, do not include any compulsory, direct, indirect or third-party economic contributions or contributions, such as foundations, sports cultural entities or entities, or of any nature. Without prejudice to the above, parents and proxies may agree and make voluntary, non-regular contributions in order to finance extracurricular activities. Contributions which are made to the effect shall not constitute donations. '(k) The second and third subparagraphs of point (e) shall be replaced by the following:' The requirement of certain school texts or study materials, other than those of provided by the Ministry of Education, may not condition the entry or stay of a student, so if the student is unable to acquire them, they must be provided by the establishment. " (l) Add a letter (f) to the following tenor: " f) bis.-That special programmes of support be established for those students who present low academic performance affecting their learning process, as well as plans to support inclusion, in order to promote good school life, without prejudice to the provisions of law No 20.248. " m) Add a letter f) ter of the following tenor: " f) ter.-That the rules of procedure to which it refers point (d) of this article expressly recognizes the right of association, both of the students, parents and proxies, as well as of the teaching staff and assistant of education, in accordance with the provisions of the Constitution and the law. In no case shall the holder be able to hinder or affect the exercise of this right, without prejudice to the rules on rights and duties of the school community established in the decree with force of law Nº2, 2009, of the Ministry of Education. "(n) Add a letter (f) quater to the following tenor:" f) quater.-Having a School Board, in accordance with the provisions of Law No 19,979. Exceptionally, on the basis of a decision of the respective Regional Minister for Education, an educational establishment may be exempted from this obligation for the purposes of payment of the educational grant, if not possible of its constitution. The Director and, in support of the establishment, shall ensure the regular functioning of the School Board and because it carries out at least four sessions in months other than each academic year. They shall also keep at the disposal of the members of the Council the necessary background to enable them to participate in an informed and active manner in the matters of their competence, in accordance with Law No 19,979. In no case shall the holder be able to prevent or impede the constitution of the Council, nor shall it impede, in any way, its regular operation. " 6) Add the following Articles 71a, 7b, 7c, 7c, 7d, 7e and 7f: " Article 71a.-The process of admission of students who develop the establishments receiving grants or contributions from the State shall be carried out in accordance with the principles of transparency, inclusive education, universal accessibility, equity and non-arbitrary discrimination, in particular considering the preferential right of parents to choose the educational establishment for their children. Said process comprises a stage of application and another one of admission itself. The stage of application will be carried out directly in the educational establishments of preference of the parents, mothers or proxies through a register that will make available to the public the Ministry of Education. Without prejudice to the foregoing, parents or proxies may also apply for such registration remotely. The interviews conducted at this stage must be requested by the parents or proxies, they will be of a voluntary nature and will have a purely informative purpose and knowledge of the educational project. Therefore, it is prohibited that they constitute a requirement or requirement within the stage of application. The requirement of proof of admission of any kind, or other antecedent linked to their academic performance, socioeconomic or family status, as well as any collection for the students ' nomination, is prohibited. Parents, mothers and proxies will be able to request information from educational establishments about their educational project and the admission process. The parents, mothers and proxies must register the applicants in the register indicated in the third indent of this article. The registration system shall provide proof to those. Parents, mothers and proxies shall nominate more than one educational establishment, and may do so in any of the places of application and must state the order of their preference in the register indicated in the third indent. It will be a necessary condition for the application of the nomination and express commitment by the father, mother or proxy to the educational project declared by the establishment and its rules of procedure. The registration system shall contain information on the quantity of quotas available in the establishments for each course or level of the relevant school year, as well as information on the educational project and the rules of procedure of each school. one of them. It must also specify whether the establishments are attached to the preferential school subsidy scheme and have existing school integration projects. Such information shall be submitted by each holder to the Ministry of Education within the time limits specified in the respective regulations. The register shall also incorporate information from the school card of the educational establishment, as provided for in Article 17 of Law No 18.956. In order to promote the knowledge and adherence of the parents, mothers or representatives to the educational projects of the establishments to which they postulate, the holders of these will be able to organize public meetings of information, prior to the (a) the application process, in which they will present their educational projects to the community. The holders shall forward to the Ministry of Education information regarding these activities, in order to be disseminated by the Ministry of Education. Once the application process has been completed, and in order to carry out the admission process referred to in the following article, the Ministry of Education will inform the educational establishments of the criteria mentioned in the third subparagraph of the Article 7b with which he or she meets each of the applicants. Article 7b.-The stage of admission itself shall be carried out by educational establishments. All students who apply for an educational establishment must be admitted, if the available quotas are sufficient in relation to the number of applications. Only in cases where the available quotas are less than the number of applicants, the educational establishments must apply a procedure of random admission defined by them, among the mechanisms that make available to them the Ministry of Education, which should be objective and transparent. Such admission procedure shall be considered as the following priority criteria in order to be directly incorporated into the list of admission of the establishment: (a) Existence of sisters or brothers who run or are registered in the same establishment. (b) Incorporation of 15% of priority students, in accordance with Article 6 (a) ter. (c) The status of a child or daughter of a teacher, teacher, education assistant, food handler or handler or any other worker or worker providing permanent services in the educational establishment. (d) the fact that he has previously been registered in the educational establishment to which he is a candidate, unless the applicant has previously been expelled from it. If applying the procedure referred to in the preceding subparagraph, the case shall be submitted that the number of applicants complying with the same criterion is higher than the number of vacancies reported by the establishment, shall be applied in respect of such applicants. the random admission system defined by the establishment. The Ministry of Education will make available to educational establishments a mechanism to carry out the admission process, as provided in the previous paragraph. Their use will be voluntary. Educational establishments should inform the Ministry of Education of the random mechanism they will apply in accordance with the provisions of this article, as well as the day, time and place in which the admission process will take place. They must also send a copy of this background to the Superintendence. Once such a process has been carried out, the establishments must report, in separate lists, the total number of applicants in the order that each of them occupied in the respective process, in accordance with the provisions of the third indent. It will be up to the Superintendence of Education to supervise the admission processes, and to visit the educational establishments during the various stages of the process. Once the information mentioned in the previous paragraph has been received, the Ministry of Education will review the absence of admissions of the same student in different educational establishments and will ensure that the quotas are completed according to the priorities of the parents, mothers or proxies, optimizing in a way that the postulants remain in their highest preference. In case the Ministry of Education takes knowledge of a background that may constitute an infringement, it shall inform the Superintendency of Education to exercise its privileges in accordance with Law No 20,529. The Superintendence of Education will initiate a sanctioning procedure if the order assigned to the students makes it reasonable to assume that the procedure of admission has been carried out incurring arbitrary discriminations. A serious infringement shall be considered, in the terms of Article 76 of Law No 20,529, that the holder reports a number of quotas less than that of the students formally registered. If during the process of reviewing the lists of admission of educational establishments, the Ministry of Education finds that a candidate has not been admitted in any of the options chosen, will proceed to register a student in the educational establishment closest to his or her home who has available quotas, unless he has been expelled from that educational establishment, in which case he/she will be registered at the next closest to his/her home, and so on. However, parents, mothers or proxies who are in this situation will always be able to benefit from the provisions of paragraph 14. Following the procedure laid down in this Article, the Ministry of Education shall send to educational establishments their lists of final admission for the purpose of which they communicate to the parents, mothers and proxies of the acceptance. Of the applicants. Such communication shall establish the time limit for the acceptance and registration of applicants. A regulation of the Ministry of Education shall regulate the registration system indicated in the preceding article and establish the procedure for the application and admission of the students, as well as the determination of the quotas within the educational establishment, considering the due reserves for those or those who may repeat the course. In particular, it will define the way in which the applications will be registered, the processes by which the different waiting lists will be completed and the deadlines for the different stages. This Regulation shall also lay down the manner in which establishments shall communicate to the Ministry of Education and to parents, mothers and proxies the information required for the process of admission and the outcome of such proceedings. In the event that the parents, mothers or proxies have not participated in the application processes, for any reason, they may ask the Regional Ministry of Education for a corresponding report on the establishments (a) education which, after having carried out the process of admission regulated in this Article, has available quotas. Parents, mothers and proxies shall be required to apply directly to such establishments and they shall comply with the provisions of the first subparagraph and shall be subject to the prohibition referred to in the third subparagraph of Article 71a. These establishments must register these applications and inform them to the Ministry of Education. Article 7c.-The educational establishments will always be able to implement interviews with the parents and proxies of the students already enrolled, in order to deliver real operability to the adhesion and commitment to the project education prescribed in the sixth paragraph of Article 71a. Article 7d.-The Ministry of Education shall exceptionally authorize the establishment of special admission procedures, from the 7th year of basic general education or the equivalent of the law, to those establishments. educational projects whose main purpose is to develop skills that require early specialisation, or to those whose educational projects are of special or high academic demand, provided that they: a) That they have their own plans and programs specifically aimed at the implementation of their educational project, which is intended for the development of skills that require an early specialization, or for the special or high demand academic. b) They have a trajectory and prestige in the development of their educational project and results of excellence. In the case of establishments of special or high demand, the outstanding academic performance within their region, their free character and academic selectivity shall be considered. c) They have the necessary and sufficient material and human resources for the development of their educational project. (d) They have a considerably higher demand than their vacancies. Such authorisation may be granted only for 30% of its vacancies, according to its characteristics, in accordance with the following points. In the case of establishments of special or high demand, they will be authorized to develop the procedure of admission indicated in the preceding articles of among those postulants that belong to 20% of the students of better performance educational establishment of the origin, in the manner determined by the regulation. In the case of educational establishments whose educational project develops skills requiring an early specialisation, the said authorisation shall be given specifically on the evidence to be applied by the (b) establishment, which shall evaluate exclusively the skills identified and shall not, directly or indirectly, measure academic characteristics. However, the background or evidence referred to in the preceding points may not, directly or indirectly, take into account other characteristics, whether socio-economic, religious, cultural or other, which may involve discrimination. arbitrary. In order to obtain the authorization, the holder concerned must submit an application to the Regional Ministry for Education, which shall be accompanied by the background to be justified, until the last working day of March of the year. year before the year in which you intend to apply it. The Regional Ministerial Secretariat for Education will give a course to the application submitted in time and form, sending its background and the report to the Ministry of Education. If not, the person concerned shall have a period of five days to rectify the application or to accompany the relevant records. With the merit of the application, its background and the report of the Regional Ministry of Education, the Ministry of Education will resolve the application, by way of resolution, within ninety days. This resolution will be reviewed within 90 days by the National Board of Education. An application shall be deemed to be accepted if it is approved by the Ministry of Education and ratified by the absolute majority of the members of the National Board of Education. If the decision approving the adoption of a special admission procedure is signed, it must be renewed within six years, by the same procedure as previously stated, and its validity shall be maintained as long as the relevant decision is taken. procedure. In the case of educational establishments of special or high demand, they must show especially that they have continued to exhibit the standards of excellence in academic performance that justified the authorization. The educational establishments mentioned in this article should promote the integration and harmonious development of all their students and will not, in any case, generate differences in the composition of the courses or levels on the basis of the result of the admission procedure. Article 7e.-The infringement of the provisions of Articles 71a, 7b and 7b of the Treaty shall be sanctioned with a fine of 50 UTM. In the event of a recurrence, the establishment shall henceforth apply to the mechanism of random and transparent admission which the Ministry of Education provides. Article 7f.-The provisions of Articles 71a, 7b, 7c, 7c, 7d and 7e shall not apply to special educational establishments or to regular educational establishments with projects of a kind. school integration, with respect to their integrated children's quotas. Both types of establishments shall consider in their admission processes the provisions of Articles 9º and 9º. Such establishments, in respect of students with special educational needs, shall have an admission procedure determined by them, which shall be developed by each establishment. A regulation issued by the Ministry of Education shall determine the coordination between the admission processes carried out by those educational establishments and the admission process for general education establishments. " 7) Make the following amendments to Article 8: (a) Intercalse the following second, third and fourth, new points: " In the case of an educational establishment which for the first time requests the benefit of the grant, the Ministry of Education shall approve, by resolution established within the the time limit specified in the preceding paragraph, the application only if there is an unmet demand for tuition that cannot be covered by other educational establishments receiving state grant or contribution, or that there is no similar educational project in the territory in which it is intended to develop. Such establishments must be free of charge. An application shall be deemed to be accepted if it is approved by the Ministry of Education and ratified by the absolute majority of the members of the National Board of Education. A regulation of the Ministry of Education, which must be signed by the Minister of Finance, will determine the territorial scope referred to in the second indent and establish the procedures and requirements for compliance with the provisions of the in this Article. (b) Substitute, in the final indent, the words "that period" by "the period referred to in the first indent of this Article". 8. Rule 16. 9. Rule 17. (10) Amend Article 18 in the following sense: (a) Eliminate in its first subparagraph, following the expression "grant", the expression ", unless they are established as requirements for entry or permanence in the terms indicated in the (e) Article 6 (e) (b) Add in its first indent, following the separate point, which becomes a point followed, the following sentence " In no case shall the voluntary donations or contributions to the establishments be considered as a requirement for students to enter or stay. Likewise, the goods or services acquired by virtue of those goods must be available to the entire educational community. "(c) Replace in its final paragraph, following the expression" sports, "the sentence" shall be considered as rights of (a) education and training shall be subject to the provisions of Articles 16 and 17 of this Law "for the following" shall be treated as the grant for the purposes of their use and accountability. In addition, 40% of the total of this collection will be the total amount of the grants to be received. In the case of professional technical educational establishments, this discount will be 20%. However, when this monthly amount does not exceed 10% of what it is for you to receive in the same period for a subsidy, no discount will be made. " 11. Rule 20. 12. Rule 21. (13) Abolish Title II. 14) Remove the seventh indent of Article 37. 15. in Article 43, the words "of the CAS statement" shall be replaced by the words "of the instrument of social characterization which the competent authority determines". (16) The following paragraph 9 is inserted in Title III: " PARAGRAPH 9-Transport by gratuity Article 49a. Create a free contribution for those free and non-profit educational establishments, which will be provided by students who are pursuing the first and second level of transition from parvulary education, basic general education and middle education, including special and adult education. For establishments governed by this law, which provide regular daytime teaching in the first and second level of transition of parvulary education, basic general education and middle education, it will be a requirement to provide this input, to be under the preferential school grant scheme of Law No 20.248. This requirement shall not be required for special and adult education. The free contribution will have the monthly unit value per pupil of 0.45 educational grant units. The amount will be determined in accordance with Articles 13, 14 and 15 of this Law. In the case of educational establishments governed by decree law Nº3.166, of 1980, the Ministry of Education, will be in their respective agreements for payment of the contribution for free. This contribution shall be affected by educational purposes in accordance with Article 3 of this Law. " 17) Amend Article 50 in the following sense: (a) Eliminate your point first. (b) Eliminate, in point (a) of the third subparagraph, which becomes second, the word "dolously". (c) Replace point (c) of its third subparagraph, which becomes second, by the following point (c), new: "(c) The requirement on the part of the holder of any consideration in money or in kind for the provision of the educational service;". Delete, in its third indent, which becomes second, the first time that it appears, and replace the letter (i) the second time it appears by the following, new: " i) Failure to comply with the provisions of Article 11 of the decree force of law No 2, 2009, of the Ministry of Education. ' (e) Add the following point (j): " j) Failure to comply with the the obligation to report under Article 64. '; 18) Introduces the following new Title V, passing the current Title V to be Title VI: " Title V of the Educational Corporations Article 58 A. It is educational corporations legal persons of private non-profit constituted by two or more natural persons, duly registered with the authority, whose sole purpose is education, and which shall be governed by the provisions of this law and, in an additional manner, by the provisions of Title XXXIII of Book I of the Code Civil. These corporations will be holding educational establishments and will be able to impose state subsidies and contributions for educational purposes in accordance with the law. Article 58 B. The educational corporations shall be constituted by means of public deed or by private instrument reduced to public deed in which the minutes of constitution and the statutes for which they are to be governed are recorded. The Ministry of Education shall make available to the interested parties a standard form for the formation of an educational corporation. A copy of the constituent instrument and two copies of the statutes of the new legal person in the special register to be carried out shall be deposited with the appropriate Regional Ministerial Secretariat for Education. The educational corporation shall have legal personality for the sole fact of the deposit, for the purpose of which the said Secretariat must authorize a copy in which the date of the deposit is credited and the insertion in the same of the respective number of the registration. The Regional Ministry of Education will not be able to deny registration to an educational corporation. However, you will have a period of ninety days, counted from the respective deposit, to make representations to the constitution of the corporation, if there is any requirement to constitute it or if the statutes do not conform to the requirements of this law. or its complementary rules. The educational corporation must address the observations made by the Regional Ministry of Education, within 60 days of its notification, under the warning of having its personality expired. the law, by the sole ministry of law, the Secretariat to remove it from the respective registry. In addition, the representatives and members of the educational corporation, the statutory amendments, the dissolution and the loss of the legal personality shall be entered in the register. In order to comply with the above, in case of amendments to the statutes, approved according to the requirements that they establish and which are reduced to public deed, they must be registered in the Ministry of Education within the thirty days counted from the date of the respective public deed of modification. A regulation shall determine the form and mode in which the register shall be kept, together with the periodicity and manner of its updating. Article 58 C. The management and management of the educational corporation shall be one or more members of the educational corporation, who shall be its directors. A president, who will be the judicial and extra-judicial representative of the educational corporation, will have to be elected among the board members and will have the other powers to set the statutes. Article 58 D. The directors of the educational corporation shall not be remunerated, except in the cases set out in numerals (i) and (ii) of the second indent of Article 3, and shall be applied to these remuneration as indicated in the third and third subparagraphs. following the same article. Article 58 E. The Ministry of Education shall have the legal personality of the educational corporations or the individual educational institutions to be cancelled in those cases where the Superintendence, in use of its powers, shall be in serious breach of its statutes or of the provisions of this Title. The legal personality shall be cancelled, in full, if, on the expiry of a period of one year from the date of its obtaining, the new educational corporation has failed to comply with the requirements laid down by the law for its or its educational establishments obtain official recognition. Corporations and individual educational institutions that are sanctioned by the cancellation of their legal personality shall be excluded from the register referred to in Article 58 B. Article 58 F. property must be transferred to another non-profit legal person whose purpose is education, in accordance with its statutes, or to the State, in both cases for the same purpose. The foregoing, without prejudice to the guarantees constituted on such assets and the rights of the creditors of the educational corporation, in accordance with the law. Article 58 G. The educational corporations, while holding educational establishments, will be audited by the Superintendence of Education. Article 58 H. A natural person may constitute individual educational entities, who shall be legal persons of private non-profit law, with legal personality and own property other than the natural person who constitutes it, whose sole purpose is education. These entities will be holders of educational establishments and will be able to impose subsidies and state contributions for educational purposes, in accordance with the law. These entities shall be constituted in accordance with the provisions of Article 58 B of this Law. With regard to the particulars of their statutes, they must, in addition to those provided for in Article 548-2 of Title XXXIII of Book I of the Civil Code, incorporate the individualization of the natural person who constitutes the person, in particular the name, surname, nationality, marital status, age and domicile. The provisions of Articles 8, 9, 10 and 12 of Law No 19,857, which authorizes the establishment of individual limited liability companies, shall apply to these entities. In all other matters, the rules contained in this Title shall apply and, in addition, the rules of Title XXXIII of Book I of the Civil Code, which are applicable to corporations, with the appropriate adjustments or exceptions arising from their nature. ". Article 3.-Introduces the following amendments in law Nº20,529, which establishes a System of Quality Assurance of Parvulary, Basic and Medium Education and its Fiscalization: 1) Amend article 1 in the following manner: a) Interleave, in the fourth indent, following the word "national", the expression "and local". (b) Add the following final point: "Quality education shall always include the educational principles of an integral nature." 2) Amend Article 49 in the following sense: (a) Amend point (b) of the first indent of the following Form: (i) Replace the phrase "through simple accounting procedures" by "in accordance with the principles of accounting". (ii) Eliminate, following the prime (a) the sentence "Such surrender shall consist of an annual statement of results which, in a disaggregated manner, includes all the revenue and expenditure of each establishment." (b) Replace the letter (c) of the first subparagraph, as follows: " (c) Carry out audits or authorize external institutions to carry out audits at the request of the holder, provided that there are, in both cases, reasonable grounds for the accuracy and accuracy of the information provided to the holder. Superintendence. When the audits are carried out by external institutions, the financing of these will be assumed by the holder himself, and it will be the Superintendence who will designate them from a terna proposed by the holder who, in any case, must be composed only of those institutions registered for such purposes in the Superintendence of Securities and Insurance, pursuant to Title XXVIII of Law No 18.045. " (c) Intercalase in point (d), in the second paragraph, following the word "State" the expression " or the preliminary title of the decree with force of law Nº2, 2009, of the Ministry of Education. (d) Reposition, in the first paragraph of point (e), the initial sentence "Access to any document", by "Acceding and requesting any document". (e) In point (e) of the second subparagraph, the second subparagraph of point (e) shall be replaced by the following second subparagraph: " The Superintendence shall maintain a record of all the bank accounts in which it consists of the revenue to be used for the performance of the educational purposes of the establishment, in accordance with Article 3 of the decree with force of law No 2, 1998, of the Ministry of Education, which may require, by way of resolution, the movements of these transactions in those bank accounts and the background to support them. With regard to the latter right, in the light of the refusal of the account holder, the Superintendence may request the competent court to give such information. ' (f) Intercalase in point (f), in the second subparagraph, following the word "State" means the expression "or the preliminary title of the decree with force of law Nº2, 2009, of the Ministry of Education". 3) Intercalase in Article 50, following the expression "Republic", the phrase "and the Internal Revenue Service". 4) Replace Article 54 by the following: " Article 54.-The holders of subsidized educational establishments or who receive regular contributions from the State shall, annually, render public account of the use of all their resources, as to the generally accepted accounting principles, with respect to the holding entity and each of its educational establishments. The resources received during the previous calendar year will be rendered until 31 March of the following year. Likewise, as part of the process of accountability, the holders of subsidized educational establishments or who receive regular contributions from the State, must administer all the resources for the fulfillment of the objectives. (5) Add the following Article 54 of the establishment, in accordance with Article 3 of the Decree of Law No 2 of 1998, of the Ministry of Education, in exclusive bank accounts, to the Superintendence of Education. " 5) bis: " Article 54a.-Educational establishments that receive contributions from the State they must also provide a declaration with the information required by the Internal Revenue Service, in the form and time limit set by the Internal Revenue Service. In such a declaration, the Service may request, among other antecedents, a breakdown of the taxable income, exempt income and non-constitutive income earned by these entities, as well as all costs, expenses, and disbursements associated with each of the above categories of income and income. The delay or omission in the filing of the said affidavit shall be sanctioned in accordance with the provisions of Article 97 (1) of the Tax Code. If the declaration submitted in accordance with this number is maliciously false, it shall be sanctioned in accordance with the first subparagraph of Article 97 of the Tax Code, Article 97 (4). '6.' Article 55 shall be replaced by the following: ' Article 55.- Account renditions will consist of financial statements that contain information in a disaggregated manner, according to the forms and procedures established by the Superintendency of Education, with special consideration of the characteristics of each educational establishment, and requiring, as the case may be, procedures to be efficient and proportionate to the management of each holder and their respective establishments. To this end, the Superintendence must take into account factors such as the rurality, number of students enrolled and socioeconomic level of each establishment and holder. In addition, the holders who have more than one subsidized educational establishment or receive state contributions, must submit a consolidated report on the use of the resources in respect of all their establishments. The Superintendence will make available to the holders standardized formats and instruments that are necessary to efficiently carry out the processes of accountability. It shall also facilitate computer programs or other mechanisms that support the holders in the recording of their operations and the preparation of the books that are required. The analysis of the accountability shall only involve a judgment of the legality of the use of the resources and shall not extend to the merit of the use of the resources. "7) Replaces Article 56, by the following:" Article 56.-Within the framework of its In order to comply with the aims that the law imposes on each of these agencies, the Superintendency of Education, the Ministry of Education and the Internal Revenue Service, will act in a coordinated manner and will be sent reciprocally the information that is necessary for the correct exercise of its oversight functions. The content, time and form in which this information will be sent will be determined in a regulation to be delivered jointly by the Ministries of Finance and Education. For the purposes of this article, the Internal Revenue Service will be exempted from the tax secrecy established in the second indent of Article 35 of Decree Law No 830, of the Ministry of Finance, which fixes the text of the Tax Code. The information provided by the Internal Revenue Service from this Article may be used only for the purposes of the institutions which receive it and under strict reserve and confidentiality duties. " 8) In Article 76, the following point (i): " i) Failure to comply with the standards set out in Articles 3, 3 and 6 of the decree with force of law No 2, 1998, of the Ministry of Education, which fixes the recast, coordinated and systematized text of the decree with force of law Nº2, 1996, on State grant to Educational Establishments. " 9) The following point (e) is inserted in Article 77 (e) to be read (e) to be read (f): " e) In the case of establishments receiving subsidies or contributions from the State, it shall be carried out maliciously by advertising which leads to errors in the the nature of the educational project of the establishment, or which arbitrarily inhibits the application of certain students to the educational establishment concerned. '; Article 4.-Introduces the following amendments in Law No 20.248, which establishes a Law on Preferential School Grant: 1) Interleave in article 1, between the phrase "priority students" and the expression "that they are pursuing", the phrase "and senior students". 2) Add the following Article 22a: " Article 22a.-For the purposes of applying the preferential school grant, preference students shall be understood to be those students who do not have a priority pupil quality and whose families They belong to the 80% most vulnerable of the national total, according to the instrument of social characterization in force. The quality of the preferred student will be determined annually by the Ministry of Education, directly or through the agencies of its dependency that it determines. The determination of the quality of the student, as well as the loss of the quality, shall be reported annually by the Ministry of Education to the family of the student and to the holder of the establishment in which the student is registered. A regulation of the Ministry of Education, which must be signed by the Minister of Finance, will determine the methodology for the identification of the students referred to in this article. " 3) Article 2 "by the words" Articles 2 and 2 (a) ". 4. In Article 4 (4), the phrase "priority registered in those establishments, as laid down in Articles 14 and 15" by the expression " priority and preferential registered in those establishments, as established in the in Articles 14, 14a and 15 '. (5) Amend Article 6 in the following sense: (a) Replace point (a) by the following: "(a) Exempt priority students from any type of recovery that conditions the application, entry or stay of the student in that establishment." (b) Replace your letter (d) with the following: "(d) Hold in the establishment to the students, in accordance with the provisions of Article 11 of the decree with force of law Nº2, 2009, of the Ministry of Education." 6) Replace the Article 14 by the following: From 1st level 5th and 7th and From 1st transition 6th year 8th to 4th to 4th year d e basic basic year of education medium basic education A. Autonomous educational establishments 2.0328 2.0328 1.3548 1.3548 B. Emerging educational establishments 1.0164 1.0164 0.6774 0.6774 7) Add the following article 14a: " Article 14 bis.-The preferential school grant for the preferred students shall be equal to half the monthly unit value for the priority students, expressed in educational grant units, as referred to in Article 14. " 8) Modify Article 15 in the following sense: a) Replace in the first paragraph the sentence that starts with the words "Your amount will be determined", for the next " Your amount will be determined by multiplying the corresponding value, according to Articles 14 and 14a, for the average average attendance of the priority and priority pupils, as appropriate, during the three months preceding the payment. '(b) In the second subparagraph of Article 14 (b), the words' pupils ' priority ", the phrase" and preferred ". (c) replace the phrase "in accordance with Article 14, by the number of priority students," by "the number of priority and priority students, as appropriate," in accordance with Article 14; its fourth indent, following the expression "priority students", the phrase "and preferred". 9. in the third paragraph of Article 19, the words "and preferential" shall be added to the words "priority students". 10. Amend Article 20 in the following sense: (a) Add in its first subparagraph, following the sentence "referred to in Article 14 (B)", the words "and Article 14a". (b) Add in its second subparagraph, following the sentence "by the application of Article 14 (B)", the sentence "and Article 14a". (c) In his second indent, the following sentence "shall be equivalent to what it would be for him to receive the same" prayer ", by priority and preferential students,". (d) In his third indent, word "pupils", all the times she appears, the word "priority". (e) Substitute, in the third indent, the "0,847" by "1.0164", and the "0,5645" guitarianism, the two times it appears, by "0.6774". (f) In the third subparagraph, delete the combination "and" which follows the last point and comma, and incorporate, following the words "middle school", the phrase ", and shall amount to half of those amounts by the preferred students who are levels that correspond. " 11. in Article 24 the words "Article 14" shall be replaced by the words "Articles 14 and 14a"; 12. Amend Article 27 in the following direction: (a) Substitute your second indent by the following: " The annual sum of this extraordinary contribution shall be equal to the amount which the educational establishment would receive if the grant provided for in Article 14 (A) and the the grant provided for in Article 14a, by the average of the priority and preferred pupils, as appropriate, enrolled at the corresponding levels in the first quarter of the school year, considering the percentage of the assistance the effective average of the priority and preferred pupils, as appropriate, recorded in the (b) Intercalase in the fifth indent, following the expression "priority pupil", the phrase "or preferred". (13) Add a new point (a) in Article 30, passing the current letter (a) to (b) and so on, of the following wording: "(a) Be constituted as legal persons of private non-profit." Article 5.-Authorize the holders who comply with the provisions of Article 6 of the decree with force of law No 2, 1998, of the Ministry of Education, and who are owners of the building in which the educational establishment, to access the Guarantee Fund for Small Entrepreneurs established by Decree Law Nº3,472, of the Ministry of Finance, of 1980, to guarantee the credits that the public and private financial institutions provide these holders with the purpose of making useful and, or necessary, improvements to the buildings in which they operate the educational establishment. In order to access these guarantees, the educational establishments of the respective holders will not be able to generate annual income in excess of the amount provided for in the first article of article 3 of the aforementioned decree law. It shall be for the Fund's Administrator to specify, in the tendering bases, the general conditions under which the participating institutions and the holders referred to in the first subparagraph may access the guarantee and make use of the the legal guarantee rights. The Superintendence of Banks and Financial Institutions will have to supervise the operations and dictate the corresponding regulation. The amount of school grant that is charged monthly in accordance with the provisions of this Article shall be reasonably proportionate to the income of the educational establishment by grant and contribution. of the State, in order to ensure adequate provision of the educational service. In everything not regulated by this article, the rules of decree law Nº3,472, of the Ministry of Finance, of 1980 shall apply. Article 6.-Introduces the following amendments to Act No. 19,979, which amends the daytime fulltime school system and other legal bodies: 1) Add the following Article 71a: " Article 7a.-Each School Board shall be required to call at least four sessions per year. The quorum shall be the majority of its members. At each meeting, the Director shall make a review of the general establishment of the establishment, seeking to address each of the topics to be reported or consulted to the Council, as provided for in the second and third subparagraphs of the next article. However, it may be agreed to plan the sessions of the year in order to focus on one of them at every opportunity. It shall also refer to public and general interest resolutions on the establishment which, as of the last session of the Council, would have issued the municipal education holding entity, if applicable, and the Ministry of Education or its dependent or related bodies, such as the Agency for Quality of Education, the Superintendence and the National Board of Education. In the first session following his presentation to the Superintendence of Education, the Director shall provide the Council with a copy of the information referred to in the third paragraph of Article 5 of the Decree with force of law No 2, 1998, of the Ministry of Education, on Subsidy of the State to Educational Facilities. "2) Replace the third and fourth indent of Article 8 (3) by passing the current fourth indent to be the fifth indent:" The Council be consulted, at least, in the following aspects: (a) The institutional educational project. b) The goals of the establishment and the proposed improvement projects. c) The written report of the educational management of the establishment by the Director annually, before being presented to the educational community. The evaluation of the management team and the proposals that the Director will make to the holder must be discussed in this instance. d) The detailed schedule of the annual programming and extracurricular activities, including the specific characteristics of these. (e) the drawing up and amendments to the rules of procedure of the establishment, without prejudice to the establishment of the establishment, if such allocation has been granted. To this end, the Council will organise an annual discussion day to gather the comments and concerns of the school community with regard to such legislation. In respect of the matters referred to in points (d) and (e) of the preceding paragraph, the statement of the Council shall be answered in writing by the holder or the Director within a period of 30 days. ' Article 7.-The greatest tax expense that the application of this law represents will be financed from the resources that the Public Sector Budget Law, in the Ministry of Education's Partida 09, will take on an annual basis. TRANSITIONAL ARTICLES Article 1.-This law shall enter into force on 1 March 2016, without prejudice to the special rules laid down in the following Articles. To educational establishments which, at the date of entry into force of this law, operate in buildings taxed or mortgaged in favour of the Fiscus, the requirement to be the encumbrance-free property, as laid down in point (a), shall not apply to them. Article 6º of the decree with force of law Nº2, 1998, of the Ministry of Education. This derogation shall cease once the period under which the charges or mortgages indicated are met. Paragraph 1 of the prohibition of profit in educational establishments receiving contributions from the State Article 2.-Until 31 December 2017, individual holders who are not organized as a legal person without the purpose of The Ministry of Education will be able to transfer the quality of the holder to a legal person under private law without a profit. Article 46 (a), fifth subparagraph, of the decree with the force of Law No 2, 2009, of the Ministry of Education. The holder who has acquired his quality in accordance with the foregoing paragraph shall be the legal successor of all rights and or bligations which the transferring person has acquired or contracted, on the occasion of the provision of the educational service, maintaining the educational establishments in respect of which the condition of the holder is transferred, the recognition officer with which you will reply. Those who have transferred the quality of the holder and the non-profit legal person who acquired it, shall be jointly and severally liable for all work and pre-vision obligations, as opposed to the transfer. In no case shall the transfer of the quality of the holder alter the rights and obligations of the workers, the subsistence of the individual employment contracts or the collective labour instruments which govern them, continue to be in force with the new employer, for all legal purposes, as if such transfer had not occurred. Without prejudice to the provisions of the second subparagraph, only the obligations which have been incurred for the purchase of essential goods for the provision of the educational service shall be transferred. The holder who has acquired his or her quality in accordance with this Article shall inform and forward copies to the Superintendence of Education of all acts and contracts concluded in accordance with the provisions of the foregoing paragraph. From the entry into force of this law, and until 31 December 2017, the modifications to the use of the resources of the educational establishments established in the numeral 3) of article 2 of this law shall govern for the Holders who are not organised as a non-profit legal person in respect of the public resources of which they are beneficiaries. Article 3.-The holder who has acquired such quality in accordance with the provisions of the foregoing Article shall comply with the provisions of Article 6 (a) of the decree with force of law No 2, 1998, of the Ministry of Education, within three years from the time it has acquired its legal personality. Likewise, the holder who, at the date of publication of this law, is organized as a non-profit legal person, will have a period of three years, counted from the entry into force of this law, in order to comply with the Article 6 of the decree with force of law No. 2, 1998, of the Ministry of Education. However, if the holder, at the time of publication of this law, holds a mortgage or acquires the property in which the educational establishment works at the beginning of the school year 2014, he shall, if appropriate, prove the (a) the mortgage which guaranteed the contractual obligation to acquire it within twenty-five years from the time limit laid down in the preceding paragraphs, as appropriate. Without prejudice to the foregoing, in the event that the mortgage has not been able to be lifted within the period previously indicated, and provided that the guaranteed obligation has been completely extinguished, the holder will have two years to formalize the uprising. Article 4-Without prejudice to the provisions of the foregoing Article, the holders who use the building in which the educational establishment operates in any of the qualities referred to in Article 46 (i) of the decree Law No 2, 2009, of the Ministry of Education, may continue to occupy the building in accordance with the following points. Holders who have lease contracts in force at the beginning of the 2014 school year may continue with them under the same conditions as indicated until the time limit laid down in the first and second subparagraphs of the third Article transitional, as appropriate. Where such contracts expire during that period, they may be renewed only for the time remaining for them, with a lease fee which shall not exceed 11% of the tax value of the immovable property divided into 12 mensualities. The other holders may conclude or continue their tenancies, as appropriate, with a lease fee which may not exceed 11% of the tax of the immovable property divided into 12 instalments. The lease contracts referred to in the preceding subparagraphs shall be exempt from the restrictions on the persons concerned referred to in point (a) of the sixth paragraph of Article 3 and Article 3º of the decree by force. Law No 2, 1998, of the Ministry of Education. Due to the above deadlines, these holders may enter into new lease agreements, which must be subject to the following rules: 1. No related persons may be held, according to the rules established in point (a) of the sixth indent of Article 3 and in Article 3º bis of the decree with force of law No 2, 1998, of the Ministry of Education, unless the landlord is a non-profit legal person or a legal person governed by public law. 2nd must be registered with the corresponding Real Estate Conservative. 3. They shall be held for at least eight years. Such a period shall be automatically renewed for the same period, unless the lessor communicates his intention not to renew the contract before the end of the term of four years. However, the lessee will only be obliged to return the building once the agreed deadline has been met. 4th The maximum monthly income of these contracts may not exceed 11% of the tax guarantee of the leased property divided into 12 monthly payments. This income must be reasonably proportionate to the income of the educational establishment by means of subsidies and contributions from the State, in order to ensure an adequate provision of the educational service. 5º For the purpose of imposing the educational grant, in such contracts it must be stipulated in an express way that the expenses relating to useful or necessary improvements of the leased property are the responsibility of the owner of the building and must be discounted of the lease fee, not being able to establish otherwise. The payment of rent of the lease contracts referred to in this article shall be considered an operation that complies with the educational purposes, in accordance with the provisions of article 3 of the decree with force of law Nº2, 1998, of the Ministry of Education. The owner may request the Internal Revenue Service to review the current tax on the property where the educational establishment works. The Superintendence of Education, in use of its powers, will supervise the fulfillment of the provisions of this article. Article 5.-Without prejudice to the provisions of the third transitional article, the holders governed by the decree with force of law Nº2, 1998, of the Ministry of Education, which, at the beginning of the school year 2014, manage establishments In the case of an educational institution with a tuition not exceeding 400 students, the total number of establishments in which they are dependent, may be eligible for the exceptional scheme provided for in the following points. If at the beginning of the 2014 school year they were occupying the building in which the educational establishment works under a tenancy agreement with a related person, they will be able to maintain such a contract under the same conditions in which it was concluded for a period of six years from the date of compliance with the provisions of the second transitional article of this Law. Where such contracts expire during the period referred to above, they may be renewed only for the time remaining for the completion of the contract, with a lease fee which shall not exceed 11% of the tax value of the immovable property. divided into twelve monthly allowances. Such a contract shall be exempt from the restrictions on the persons concerned referred to in point (a) of the fifth indent of Article 3 and Article 3º bis of the decree with force of law No 2, 1998, of the Ministry of Education. After the deadline specified in the second paragraph of this article, the holders may conclude a "contract of use of infrastructure for educational purposes" of the real estate in which the educational establishment works. This contract must comply with the following rules: (a) The owner of the immovable property is obliged to provide the owner's use of the property to the non-profit holder and to pay for the expenses related to useful or necessary improvements to the property. In no case, either directly or indirectly, such expenses may be sold by the holder in charge of the school grant or other contributions received as such. (b) The holder is obliged to compensate the depreciation of the property by paying a sum which may not exceed 4,2% of the tax of the property divided into twelve monthly payments, and shall impute that expenditure to the number vii) of Article 3 of the decree with force of Law No. 2, 1998, of the Ministry of Education. (c) This contract shall remain in force for as long as the educational service is provided by the holder. However, the owner may unilaterally terminate the contract by informing the holder of the contract with a five-year notice. (d) In these contracts, the owner of the contract shall always be obliged to offer the building for its acquisition, preferably, and in future, to the holder who is using it and the State. The owner must communicate through a registered letter to the holder, the term of the contract and the offer of the building for its acquisition. This offer must be accepted or rejected within a period of one hundred and eighty days from the receipt of the letter and, in If the holder does not manifest, it is understood that he rejects the offer. If the holder accepts the offer and acquires the property, it will be understood that the payment corresponds to an operation that complies with the educational purposes set out in article 3 of the decree with force of law Nº2, 1998, of the Ministry of Education. The acquired property will be affected for educational purposes. On the other hand, if the offer is rejected by the holder, the owner must, within one hundred and eighty days before the end of the contract of use, communicate to the State the offer of sale of the property. The purchase by the State shall be governed by the rules of the transitional article. e) This contract must be registered with the corresponding Real Estate Conservative. In case the Ministry of Education determines that, for two consecutive years, the total number of the educational establishments mentioned in the first indent exceeds 400 students, the holder will have the term of two years The Ministry of Education has notified the Ministry of Education to comply with the provisions of Article 6 (a) of the Decree Law No. 2 of 1998 of the Ministry of Education. The owner may request the Internal Revenue Service to review the current tax on the property where the educational establishment works. For the purposes of this article, related persons shall be understood as defined in point (a) of the sixth paragraph of Article 3 and the provisions of Article 3º bis of the decree with force of law Nº2, 1998, of the Ministry of Education. Article 6.-The holder to whom the quality has been transferred according to the provisions of the second transitional article or which, at the date of publication of this law, is organized as a non-profit legal person, may purchase from the grant, and within the period referred to in the first subparagraph or in the second indent of the transitional third article, as appropriate, the building in which the educational establishment works, in order to comply with the the provisions of Article 6 (a) (c) of the decree with force of law No 2, 1998, of the Ministry Education. For the purposes of the acquisition referred to in the preceding paragraph, the new non-profit holding entity may contract obligations with public or private financial institutions, from those subject to the audit of the Superintendence of Banks and Financial Institutions in accordance with the decree with force of Law No. 3, 1997, of the Ministry of Finance, which fixes the recast, systematized and agreed text of the General Law of Banks and other legal bodies that indicate. Where such obligations are subject to mortgages, the provisions of the final paragraph of the transitional third article shall be subject to the provisions of the final subparagraph. The non-profit holding entity may acquire the building in which the educational establishment operates on a monthly basis, under the grant, up to one twelfth of 11% of the tax guarantee, depending on the value of the unit of promotion of the date of conclusion of the contract, up to the end of twenty-five years, from the date referred to in the first subparagraph of this Article. If the holder has been a beneficiary of the additional capital cost contribution provided for in law Nº19.532, which creates the daytime complete school day regime, the purchase price may not exceed the amount is to be subtracted from the value of the building, which the holder shall return to the Fiscus in accordance with the provisions of the transitional article. The amount that is charged monthly in accordance with the foregoing paragraph, must be reasonably proportionate to the income of the educational establishment by means of grant and State contributions, in order to ensure a adequate provision of the educational service. The Superintendence of Education, in use of its powers, will supervise the fulfillment of the provisions previously. For the purposes of the second subparagraph, the prohibition on holding acts or contracts with persons related to the terms of point (a) of Article 3 (6) and Article 3º of the decree with force of law shall not apply. No. 2, 1998, of the Ministry of Education. The payment of the provisions of this article will be considered an operation that complies with educational purposes, in accordance with the provisions of article 3 of the decree with force of law Nº2, 1998, of the Ministry of Education. The holder shall submit a copy of the contract or contracts corresponding to the application of this Article to the Superintendence of Education. The Ministry of Education, by means of a regulation to be signed by the Minister of Finance, will regulate the matters mentioned in this article. Paragraph 2 of the guaranteed appropriations Article 7.-Non-profit legal persons referred to in the following paragraph may acquire the building in which the respective educational establishment works by means of guaranteed loans up to twenty-five years, which shall be paid with the public resources provided by grant, in accordance with the Articles of this paragraph. With the exclusive object of making the acquisition referred to in the first subparagraph, the following holders will be able to contract credits with banking companies, of those regulated by the decree with force of law Nº3, 1997, of the Ministry of the Treasury, which fixes the recast, systematized and agreed text of the General Law of Banks and other legal bodies indicated: (a) The person who has been transferred to him in accordance with the provisions of the second article Transitional provisions of this law. (b) the person who is constituted as a legal person without profit at the date of publication of this law. For the purposes of this paragraph, the prohibition on holding acts or contracts with persons related to the terms of point (a) of Article 3 (6) and Article 3º of the decree with force of law shall not apply. No. 2, 1998, of the Ministry of Education. The credit agreement may be concluded only within six years from the date of publication of this law. However, in the case of the holders referred to in the fifth transitional article, these contracts may be concluded until the expiry of the last period referred to in the second indent of the transitional Article. Article 8.-The holders may, in respect of the credits they acquire with banking companies for the purposes referred to in the seventh transitional article, have the guarantee of the Corporation for the Promotion of Production, in representation of the Fund referred to in the 11th transitional article, for the total amount of that credit, and in the terms agreed between the holder and the banking company, provided that the following conditions are met: (a) the operation is supported by a valuation accepted, by resolution, by the Production Promotion Corporation, whether this is done by the banking undertaking or by the task force referred to in Article 9; transition. (b) The following is expressly stipulated in the respective credit agreement: i. The assumptions under which the right to impose the grant will be lost and the cases in which the transfer of the property will proceed. ii. That the acquired property will be affected by the educational service in accordance with the provisions of the transitional article. c) That the holder expressly authorizes the Ministry of Education to discount, retain and pay directly to the banking company, the monthly fee of the respective credit, with the grant in accordance with the provisions of the the second part of the transitional article, until for the period of 25 years. In these cases it will be understood that the requirement to allocate the grant for educational purposes is met, in the terms of article 3 of the decree with force of law Nº2, 1998, of the Ministry of Education. (d) the projected monthly payment of the credit does not exceed the limit set out in the first paragraph of the transitional article. In the event that, for any legal reason other than that referred to in subparagraph (c) of the preceding subparagraph, the Ministry of Education retains some or all of the resources of the grant, the grant shall not cease to pay the monthly fee of the credit as appropriate. In case the valuation referred to in the previous literal (a) is greater than the sum of 110 promotion units per student enrolled in the establishment, the credit can only be guaranteed by the Corporation for the Promotion of Production in the This is a measure which has the approval of the Budget Directorate. For the purposes of this calculation, the average number of the last three years shall be considered. The buildings acquired and which are guaranteed to be covered by the transitional Article 11 shall be of a non-embargable character. They may not be subject to any charge or may be held in respect of any act or contract. The titles in which the appropriations entered in accordance with this Article shall be eligible shall be eligible. Article 9.-Both the Production Development Corporation and the holder will have the right to challenge the bank's assessment by the respective credit before a task force, composed of three recognized experts. experience in the field, which will be named after one by the prized Corporation, one by the holder interested, and one of an independent character. The technical criteria to be considered These experts will be regulated by the supreme decree of the Ministry of Education, which must also be signed by the Finance and Economy, Development and Tourism Ministers. This Regulation shall also establish the designation mechanism. The fees of the expert experts shall be charged by the person who disputes the bank assessment. Article 10.-The seller of the building which has been the beneficiary of the supplementary contribution for the cost of additional capital in accordance with Law No 19,532 and exercises the option referred to in Article 8 (12) of that law, shall return to the Fisco the amount received by way of the said contribution, made the deductions referred to in the thirteenth indent of the same article. For the purposes of the foregoing paragraph, the change of destination shall be understood as the date of conclusion of the contract of sale. Both the seller and the buyer holder of the building will be jointly and severally liable for the return corresponding to this article. Article 11-Create a School Infrastructure Guarantee Fund, hereinafter "the Fund", with its own legal personality, exclusively intended to guarantee the payment of the credits referred to in the seventh transitional article. This Fund will be constituted by a contribution from the liquidation of the assets of the Education Fund created by law Nº20,630, totaling up to four hundred million dollars from the United States of America (US$ 400,000,000), the which may be made by one or more transfers. These may be effected until the time limit referred to in the fourth indent of the seventh transitional article. In addition, the Fund will be part of the resources it receives in accordance with the provisions of this law's final article, as well as the profitability generated by the investment of its resources. The Fund will be administered by the Production Development Corporation, which will also have its legal, judicial and extrajudicial representation. The resources of the Fund may be invested in the instruments, operations and contracts established by the Minister of Finance by means of instructions, in accordance with the provisions of Article 12 of Law No 20.128. In the case of transactions involving derivative contracts, such as swaps or futures, they shall not constitute public debt for the purposes of applying the rules of Title IV of Decree Law No 1.263, 1975. By means of a supreme decree of the Ministry of Finance, the Ministry of Economy, Development and Tourism and the Ministry of Education, the mechanisms, procedures, limits, expenses and costs attributable to the Fund and other rules will be established. necessary for its operation. This decree must be given within one hundred and eighty days following the publication of this law. Once all the credits guaranteed by the Fund are fully served, the remainder of its resources will be transferred in full to the Treasury. Article 12.-The holder who, in a calendar year, goes for the payment of the credit more than 25% of the resources received by the educational establishment whose building was acquired according to this Paragraph, will lose the right to impetre the grant at the end of the following school year. For the purposes of calculating the limit referred to in the preceding subparagraph, the resources of the education grant, as laid down in Article 9, shall be considered; the increase in the area of the education grant referred to in Article 11; of the education grant, as referred to in Article 12; the annual grant of support for maintenance, as referred to in Article 37, and the free contribution referred to in Article 49a, all of the decree with the force of Law No 2, 1998, of the Ministry of Education. Likewise, the sum of the charges made to the parents and proxies, as well as the donations in money they make, will be computed for that limit. In January of each year, the Ministry of Education will dictate a resolution that will individualize the holders who are in the situation of the first paragraph of this article. The inclusion in this resolution must be notified by registered letter to each holder. The holder may challenge that decision by means of a replacement to the Deputy Secretary of Education, and hierarchical, in subsidy or directly, to the Minister of Education, both within the five-day term from the notification by registered letter referred to in the preceding paragraph. Article 13.-If the case referred to in the first paragraph of the previous article is concerned, and in order to ensure the continuity of the educational service, as well as the relocation of the students, the appointment of a provisional administrator for the establishment of the respective holder. In this case, the Ministry of Education will officiate the Superintendency of Education to proceed to the respective appointment, in the form and terms set forth in Paragraph 6 of Title III of Law Nº20,529. At the event that once the management of the interim administrator is completed, students will still be relocated, the latter must inform the Ministerial Regional Secretary, who will be able to arrange the relocation, by opening quotas. extraordinary, in public or private educational establishments governed by the decree with force of law Nº2, 1998, of the Ministry of Education. Article 14.-Authorize the Corporation for the Promotion of Production so that, in representation and under the responsibility of the Fund, in case the holder loses the right to impose the grant in accordance with the twelfth and thirteenth transitional or for any other legal cause, it proceeds to pay the insolute quotas of the contract referred to in the eighth transitory article, operating the subrogation in the terms of the number 5 of the article 1610 of the Civil Code. In all cases that the holder loses the right to impose the grant, the Ministry of Education will officiate the Corporation, so that it proceeds, in representation of the Fund, to these payments and acquires the property according to the incissos next. Taking cognizance of the notification indicated in the previous paragraph, the Corporation will dictate a resolution making the payment guarantee effective, which will be notified by registered letter to the holder. With the sole merit of that resolution, the Fund shall recover the public resources for the payment of the credit for the purchase of the property by the acquisition of the property for the Fund, which shall be entered in its name. This decision may be contested in accordance with the provisions of the transitional Article 15. The Corporation, on behalf of the Fund, within two years from acquired the property of which it deals with the foregoing paragraph, shall transfer it to the Fiscus, in accordance with Articles 36 et seq. of Decree Law No 1.939, or by public auction in accordance with the provisions of Article 2 of Law No 19.085. From the auction, they will have a first choice of award who are holders of educational establishments governed by the decree with law force Nº2, 1998, of the Ministry of Education. Article 15.-The holder who is notified of the decision referred to in the previous article may claim from the same, within ten working days, counted from the respective notification, before the Court of Appeals corresponding to the claimant's address. The Court of Appeal shall transfer the complaint to the Ministry of Education, notifying it of its own motion and shall have within ten working days of notification of the complaint filed to issue its report. Evacuated the transfer by the Ministry of Education, or due to the time available to issue its report, the court will order to bring the cars in relation and the cause will be added extraordinarily to the table of the nearest audience, previous Drawing of the Chamber. The Court may, if it considers it appropriate, open a probative term which may not exceed seven days, and hear the pleadings of the parties. The Court will give judgment within the 15-day term. Against the decision of the Court of Appeals, it will be possible to appeal to the Supreme Court, within ten working days, which will be known in the manner provided for in the previous incites. Article 16.-Paid the last fee of the guaranteed bank credit, the Corporation will dictate, at the request of the respective holder, a resolution in which it is recorded. The buildings acquired in accordance with the provisions of this paragraph shall be affected for educational purposes and shall not be intended for any other purpose. Any contractual or statutory stipulation to the contrary will not produce any effect. Paragraph 3 Rules common to the preceding paragraphs Article seventeenth.-The holder who chooses to cease to receive the grant shall communicate this decision in writing to the parents, mothers or proxies and to the educational community of the establishment at the beginning of the school year preceding the school year in which it will no longer receive a grant. This communication must expressly indicate whether or not the educational establishment will continue and the measures to be taken. In any case, the holder who has been the beneficiary of the supplementary contribution for the cost of additional capital, must return the same according to the law Nº19,532 and its regulation. Article 18 (8)-In exceptional cases, duly founded by decree issued by the Ministry of Education, with the signature of the Minister of a, and provided that this is strictly necessary to guarantee the right to education of the students, the State will be able to acquire those buildings where an educational establishment works, owned by that holder that has expressly stated to the Ministry of Education that they will not continue to provide the educational service. In order to exercise this power, the State must consider criteria such as the tuition and capacity of the educational establishments subsidized in the territorial area surrounding the establishment, at the various educational levels; the (a) the fee paid by a student to such establishments, where appropriate; and the category to which they are assigned in accordance with Article 17 of Law No 20,529. It will also consider the efficiency of the building, understanding the essential infrastructure for the provision of the educational service, consisting of classrooms, hygienic services, workshops, administrative offices and other essential dependencies. The State may exercise this power from the entry into force of this law. The budget law of each year shall have the maximum amount of resources that may be allocated for the purpose provided for in this article. In the event that the holder has been a beneficiary of the supplementary contribution for the cost of additional capital laid down in law Nº19.532, which creates the daily school day regime, the price of the sale may not exceed the amount that is to be subtracted from the value of the building, which the holder shall return to the Fiscus in accordance with the provisions of the transitional article. For these purposes, the value of the property will be up to 1.7 times the tax value of the property. The owner may request the Internal Revenue Service to review the current tax on the property where the educational establishment works. By means of a decree of the Ministry of Education, which must be signed by the Minister of Finance, the matters covered by this Article shall be regulated. Article 19 (1)-The restriction referred to in point (a) of the sixth paragraph of Article 3 and the provisions of the new Article 3a, which are inserted in the decree with force of law No 2, 1998, of the Ministry of Education, shall apply to those persons who, within two years of the publication of this law, have complied with one of the relations referred to in points (a), (b), (c) and (d) of Article 3 (a). Article 20.-Corresponding to the Superintendence of Education the audit of compliance with the provisions laid down in the preceding transitional provisions. Paragraph 4 of the elimination of the shared financing Article 20.-The educational establishments that, at the date of publication of this law, receive grants to educational establishments of shared financing, pursuant to Title II of the decree with force of law Nº2, 1998, of the Ministry of Education, which is repealed by Article 2, number 13, may continue to affect the said regime until the school year in which the maximum monthly collection is student, established according to the rules of the following article, is equal to or less than This is a free charge that deals with the number 16 of article 2 of this law, calculated in units of promotion. From the school year in which this condition is met, the school establishment shall not be able to continue to affect that scheme. During the period in which the condition referred to in the preceding paragraph is not met, the provisions of Title II of the decree with force of law No 2, 1998, of the Ministry of Education, with the exception of the first and second points of Article 24, Article 25 and the first, second, third and fourth points of Article 26. The amendments introduced by Article 2 (4) (a), (5) (j) and (k), and numerals 8, 9, 11, 12 and 14 shall also not apply to such establishments. However, the state grant and the contributions that these educational establishments continue to receive will be affected to the fulfillment of educational purposes, in accordance with Articles 3º and 3º bis of the decree with force of law Nº2, 1998, of the Ministry of Education, without prejudice to the provisions of the final article of the second transitional article. Without prejudice to the first subparagraph of this Article, and only during the period referred to in the first paragraph of the second transitional article, those establishments whose holders are not constituted as legal persons For non-profit purposes, they may continue to be assigned to the shared financing system, provided that they make payments to their students according to the twenty-second, twenty-third and twenty-fifth transitional articles. Article twenty-second.-During the first school year since the entry into force of this law, the educational establishments of shared financing that remain attached to this regime, according to the provisions of the article (b) the first transitional period, which may be made monthly per pupil, which in any case may not exceed the monthly per pupil charge for the 2015 school year, in accordance with the information given to the representatives for that year by means of Written communication and the respective Regional Ministerial Secretary for Education, as provided for In article 26 of the decree with force of law Nº2, 1998, of the Ministry of Education, converted into units of promotion, to the value of that unit to day 1 of August 2015. At the beginning of the following school year, the referred monthly collection ceilings shall be reduced by the same amount in which the income from grants and increases referred to in the following subparagraph has increased for each establishment; calculated on average monthly per pupil of the calendar year in which the calculation is carried out, in respect of the calendar year immediately preceding. The amounts and calculations referred to in this paragraph shall be counted in units of promotion according to the value of that unit at 31 August of the respective year. For the calculation of the preceding paragraph, the following grants and increases shall be considered: a) Subsidy of schooling, which regulates the article 9 of the decree with force of law Nº2, 1998, of the Ministry of Education. For these purposes, the value of the grant in U.S. E shall be excluded, by application of the factor of Article 7 of Law No 19,933, referred to in the table of that article. b) Increase in the area of the education grant, as referred to in article 11 of the decree with force of law Nº2, 1998, of the Ministry of Education. c) Increase in the rurality of the education grant, as referred to in article 12 of the decree with force of law Nº2, 1998, of the Ministry of Education. (d) Annual grant of support for maintenance, as referred to in Article 37 of the decree with force of law Nº2, 1998, of the Ministry of Education. Income from grants and increases, calculated on average per month per pupil, shall be understood to be the result of dividing the total annual amount of these grants and increases for 12 months and the annual average attendance in each establishment. No later than 25 January of each year, the Ministry of Education shall publish and, where appropriate, notify each educational establishment, the maximum collection limit of the following school year, or the obligation not to follow, for electronic communication. charging the shared financing, when the condition indicated in the first paragraph of the previous article is met. During the period of application, the holder must inform the parents, mothers or proxies, by written communication, the system of payment waivers referred to in article 24 of the decree with force of law Nº2, 1998, of the Ministry of Education, and the indication of the maximum amount of collection for shared financing. As long as the condition laid down in the first transitional article is not fulfilled, the register referred to in Article 71a of the decree with force of law Nº2, 1998, of the Ministry of Education, introduced by the numeral 6 of the Article 2 of this law, shall contain the system of exemptions from collection regulated in the third indent of Article 24 of the same decree with force of law, and the indication of the maximum amount of collection by shared financing, which shall be be expressly accepted by parents, proxies or postulates, if any, to make their postulation. A regulation of the Ministry of Education, which shall be signed by the Minister of Finance, shall regulate the procedures by which calculations and communications shall be carried out to comply with the provisions of Article 20. first transitional and in the preceding cases. Article 20 (3)-For establishments which continue to be assigned to the scheme of shared financing, in accordance with the provisions of the first transitional article, the per-pupil subsidy for each level and mode of education be the value resulting from subtracting the grant provided for in Article 9 of the Decree of Law No 2 of 1998 from the Ministry of Education, obtained in accordance with Articles 13 and 14 of that Law, the following amounts calculated on the average monthly collection of the corresponding educational establishment, expressed in units of promotion, taking into account the value of the latter on the first day of the corresponding school year for the payment of the corresponding subsidy: (a) 0% of what does not exceed 0,44 UF. (b) 10% of what exceeds 0,44 UF and does not exceed UF 0,88. (c) 20% of what exceeds d e 0.88 UF and do not exceed 1.75 UF. (d) 35% of what exceeds 1.75 UF. In the educational establishments that receive their increased grant for the purposes of applying Article 11 of the decree with force of law Nº2, 1998, of the Ministry of Education, the subtraction to the grant established in this article shall be made after such an increase has been calculated. Article twenty-fourth.-The Aporte for Gratuity established in Article 2 (16) of this Law shall begin to be paid to count from the beginning of the school year following that of its publication. However, the value of the contribution for the first year of this year will be 0.25 units of educational grant, which will increase annually by 0.1 units of educational grant until reaching the end of the year. the 0,45 designated educational grant units. Article twenty-fifth.-The educational establishments that at the date of publication of this law are accepted to the scheme of shared financing and that choose to withdraw from this regime to become free establishments, they must inform the Regional Ministerial Secretary of Education, for the purpose of imposing the free contribution established in this law. The above will also be a requirement for the preferential school grant for preferential students. In addition, the holders of educational establishments that choose to withdraw from the shared financing system will not be able to make these charges again. Paragraph 5 of the admission processes Article twenty-sixth.-The President of the Republic shall be empowered to determine the date on which the provisions of Article 2 (6) shall enter into force by means of one or more decrees with force of law. This law, in accordance with the territorial graduality, shall determine the following points. For the first year of application, the admission process will be carried out in a region of less than 300,000 inhabitants, and exclusively for the lower level or course that the educational establishments of that region have. For the second year of application, this admission process will be carried out in four regions of less than 1,000,000 inhabitants, and exclusively for the lower level or course of educational establishments in those regions. For the case of the region referred to in the preceding paragraph, the admission procedure shall be extended to all courses or levels. For the third year of application, the admission procedure shall be carried out in all other regions of the national territory not considered in the preceding incisuses, and exclusively for the lowest level or course of the establishments education of these regions. For the case of the four regions mentioned in the preceding paragraph, the admission procedure shall be extended to all courses or levels. For the fourth year of application, the new admission procedure will apply in all regions of the country. With respect to those educational establishments that according to a regulation dictated by the Ministry of Education, comply with historical characteristics, of outstanding academic performance within their region, that they are free, that they present a considerably greater demand for their vacancies and that they have established procedures for academic selection to the date of publication of the law, they will initiate their processes of admission, according to the territorial graduality to which the incisos refer and in accordance with the following percentages. These educational establishments will be able to admit their students by carrying out their admission tests as follows: (i) The first year for 85% of their quotas. ii) The second year for 70% of the quotas. iii) The third year for 50% of the quotas. iv) The fourth year for 30% of the quotas. (v) The fifth year shall not be eligible for proof of admission. Quotas that are not completed by admission tests must be done by means of the procedure described in Article 7b of the decree with force of law Nº2, 1998, of the Ministry of Education. The foregoing is without prejudice to the provisions of Article 77th of the same decree with force of law Nº2. The provisions of the preceding paragraphs may not apply until the sixth year of basic education inclusive. Paragraph 6 of the preferential school grant Article twenty-seventh.-In order to be able to impose the preferential school grant for preferential students and the contributions to which the law Nº20,248 refers to the preferred students, the establishments that, at the date of publication of this law, are of shared financing must be converted into free educational establishments. Consequently, they will not be able to charge any of their students, so it will not be governed by these provisions in the 2nd paragraph of these transitional provisions. Article twenty-eighth.-The preferential school grant for preferential students will begin to be paid at the beginning of the school year following the publication of this law. Article twenty-ninth.-The provisions of Article 4 (6) of this Law shall enter into force after the beginning of the school year following its publication. Article 30.-The third and fourth year levels of secondary education shall be gradually incorporated into the preferential school grant of preferential students and the corresponding additional and extraordinary contributions, as set out in Articles 14 bis, 20 and 27 of the law Nº20,248, in the same graduality established in the twelfth transitional article of the same legal body. Paragraph 7 Final provisions Article thirty-first.-The provisions of Article 1 (8) of this Law shall not apply to applications for official recognition, the resolution of which is pending on the date of its entry into validity. Also, this number shall not be applicable to educational establishments requesting official recognition in accordance with the provisions of the second paragraph of Article 45 of the decree with force of law Nº2, 2009, of the Ministry of Education. Article thirty-second.-The individual holders who, at the date of publication of this law, have not complied with the requirement laid down in Article 46 of the decree with force of law Nº2, 2009, of the Ministry of Education, which fixes the recast, coordinated and systematized text of Law 20.370 with the non-repealed rules of the decree with force of law Nº1, of 2005, in accordance with the provisions of the article 1 transitory of the same modified legal body by law No 20,668, shall have the time limit laid down in the first paragraph of the second transitional article to comply with that requirement and to transfer its quality of holder on the same terms. Article thirty-third.-The provisions of Article 2 (5) (n) of this Law shall be required two years after its entry into force. Article thirty-fourth.-The number v) of the second paragraph of article 3 of the decree with force of law Nº2, 1998, of the Ministry of Education, which is introduced by this law, shall enter into force within one year of the publication of the year. The provisions of Article 4 (13) (13) of this Law shall begin to apply within three years from the date of publication of the law. Before the expiry of the period referred to in the preceding paragraph, the President of the Republic shall send to the National Congress a draft law which will improve the legal status of the persons or pedagogical technical entities, ensuring the quality of the its services and transparency in the use of resources. Article thirty-fifth.-The Assistant Secretary of Education, by way of a founded resolution, will have the organization of a unit of support to the holders of educational establishments governed by the decree with force of law Nº2, 1998, of the Ministry of Education, with the aim of providing specialized technical advice to them for the implementation and application of this law. This unit shall have the following functions: (a) inform the holders of the rules laid down in this law. (b) To advise the holders on the legal, accounting and management aspects that are required for the fulfilment of the new requirements laid down in this law. (c) To conclude agreements with holders or other legal persons for the fulfilment of their object. (d) Adopt all necessary measures to provide technical advice to the holders for compliance with this law. Article thirty-sixth.-The amendments introduced by numerals (2), (a), (b), (d) and (e) and numerals (3), (4), (5) and (6) of this law shall enter into force on the first day of the year following that of their publication. On the other hand, the regulation referred to in Article 56 of Law No 20,529 must be issued within six months of the entry into force of this law. Article thirty-seventh.-Create a Fund for the recovery and strengthening of public education, in all its levels and modalities, whether it is managed, as a holder of educational establishments, by municipalities, municipal corporations or their legal successors in the performance of such a function. The resources of this fund must be used in actions that impact on the development of the activities of the educational establishments mentioned in the first paragraph of this article. The annual amount of this Fund for the years 2016 to 2019 will be established in the respective Public Sector Budget law, and will amount to $250,000,000 thousand. By decree of the Ministry of Education, endorsed by the Ministry of Health It shall establish the mechanisms for the distribution of these resources, the specific uses in which they will be used, and the forms and procedures for their delivery and surrender. The distribution of these resources to the entities referred to in the first subparagraph shall be formalised by one or more of the decisions of the Ministry of Education, copies of which shall be forwarded to the Budget Directorate. Article thirty-eighth.-Within the following five years from the entry into force of this law, the holder of an educational establishment who receives contributions from the State may carry out a prior consultation with the Director Regional of the respective Superintendence of Education, in order to determine if an operation is framed within the educational purposes, in accordance with the provisions of article 3 of the decree with force of law Nº2, 1998, of the Ministry of Education. Such consultation shall be submitted in writing, explaining the operation and stating its grounds for considering it in accordance with a particular educational purpose. The appropriate Regional Directorate will respond within 30 working days. Such statements shall be public access, constituting guidelines or guidelines for their applicants, and shall in no case preclude or bind the exercise of the powers or privileges of the Superintendence. " Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, May 29, 2015.-MICHELLE BACHELET, President of the Republic.-Nicolas Eyzaguirre Guzmán, Minister of Education.-Rodrigo Valdés Pulido, Minister of Finance.-Jorge Inunza Gregorio De Las Heras, Secretary General of the Ministry of Education President. What I transcribe to you for your knowledge.-Atacently, Valentina Quiroga Canahuate, Assistant Secretary of Education. Constitutional Court Draft law that regulates the admission of students, eliminates shared funding and prohibits profits in educational establishments that receive contributions from the State, corresponding to bulletin No. 9366-04 La Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, so that this Tribunal, exercised the preventive control of constitutionality in respect of Articles 1, 1, 2, 3, 4, 6, 7, 8 and 9; 2nd, numbers 5, points (a) and (f); and 6; 3rd numbers 2, letter e), and 8, and the second, fifteenth, and thirty-first transitional articles of the bill and by judgment of May 19, 2015, in the process Role No. 2.781-15 -CPR. It is stated: 1. That the rules contained in Article 1 (1), (1), (2), (3), (4), (7) and (9) (with the exception of point (b)), and in the second, fifteenth, first and final points, and the first transitional thirteenth, all of the draft law to control, they are constitutional. 2. That article 1 (8), first paragraph, of the draft law submitted to control is not contrary to the Constitution, in the understanding that the beginning of activities referred to in the rule refers exclusively to the teaching of the law. 3. That no pronouncement is issued, in preventive examination of constitutionality, in respect of articles 1, numerals 6), 8), second, and 9), point (b); 2 (5), (a) and (f), and (6); 3, numerals 2 (e) and (8), and the second and Third of the fifth transitional article, all of the draft law under analysis, because these precepts do not refer to matters of the Constitutional Organic Law. 4. Likewise, the Court does not issue a declaration, in a preventive seat of constitutionality, on Article 2 (1) (a), (3), (5), (e), (7), (a) and (13); Article 4 (13), (13), and the third, fourth, fifth, Twenty-sixth and thirty-eighth transitional ones, all of the bill, considering that they do not deal with matters of the Constitutional Organic Law. Santiago, May 19, 2015.-Marta de la Fuente Olguin, Secretaría.