S.E.

MESSAGE THE PRESIDENT OF THE REPUBLIC THAT BEGINS WITH A BILL FOR ESTABLISH ING A PREFERENTIAL GRANT FOR SCHOOL CHILDREN VULNERABLE SOCIO-ECONOMICALLY. ____ ___________________________ SANTIAGO, October 18, 2005 MESSAGE No. 362-353 / Honourable Members: A S.E. THE PRESIDENT OF THE H. CHAMBER OF DEPUTIES. Camera of In exercise of my constitutional powers, I hereby propose a bill that is essenti al to establish a central idea grant preferential school children socio-economic ally vulnerable, as noted in the last public accounts of 21 May. I. BACKGROUND O F THE PROJECT. 1. Progress. A central plank of the Government has been making se nse of social growth, so that it actually becomes greater welfare for all Chilea ns, reducing poverty and inequality. This lifelong vocation for equality was ref lected in numerous initiatives undertaken since 1990, such as education reform, health reform, judicial reform, the new labor courts and family, our efforts to expand training opportunities and employment , among many other initiatives. All these actions have contributed to the fruits of growth are shared among all Chi lean families. We are convinced, on the other hand, personal growth and familythat 2 inextricably linked to provide greater opportunities in education, which has mot ivated us to work consistently for the poor of our country can access more and b etter opportunities in education. The result of this effort are more than 2800 n ew schools delivered in the last five years, the extension of compulsory educati on to twelve years, more than 25 000 school-retention grants to be disbursed thi s year for those young people with a higher risk of dropping out of school compl ete their secondary education. This has resulted in the expansion of the Full Sc hool Day at the national level, which now covers seven thousand to ten thousand educational establishments, which more than two million students have access to it. Also note the huge expansion of school feeding and free distribution of text books, which allows our country today, and distributed a million daily rations 6 00 000 and delivered free textbooks fourteen million per year. 2. One more step. Has certainly been significant progress in the aim of providing greater educati onal opportunities for children from vulnerable families. However, advances in i nfrastructure, teaching resources, salaries of teachers and curricular moderniza tion are not enough. Now we must put more energy and resources to improve the qu ality of what happens within each "classroom" for all children, particularly the most vulnerable to learn more and better. We aspire to be a community of equals and not a stratified community, which tolerates the punishment and differentiat ion of its citizens simply because it does not control subjects, how the home wa s born. We seek a just society that strives to reduce the weight of undeserved d ifferences. All people with the same educational level, who demonstrate skills, should have opportunities for social mobility. 3 Education is undoubtedly a central element which allows or promotes such mobilit y, to the extent that direct its efforts to educate citizens on equal opportunit ies and prepare to face the tasks required by society in the world of work. Havi ng access to a quality education system, to key positions in the workplace, to p

olitical power, for example, should be based on citizens' personal merits, regar dless of their social origin, socioeconomic status, race, sex, ethnicity, religi on, political or any other form of status. We hold that the equal opportunities and fair treatment of all citizens that make up a democratic society should be c onsidered essential values that guide the generation of public policies, especia lly in education. Therefore, it is time that Chile remove the unacceptable inequ alities between those who today are educated in schools subsidized by the state. There is no section of society, especially families, that ignores the importanc e of sending their children to school. It is, then, to ensure that attendance at these educational institutions meet the purpose for which parents send their ch ildren to them: they will learn and develop their talents fully.€The task at han d is to equalize opportunities to learn from the students for whom the economic and social situation of their homes creates a disadvantage. Our schools can and should be able to offset these disadvantages. This is a basic requirement of our nation no citizen is discriminated against because of their social background. The schools in our country should strive to reduce the weight of the differences in educational outcomes that have nothing to do with the talent of these childr en. We must give more to those with less, offset the disadvantage. In this case, pretending that everyone receives the same when their 4 needs are different, is to discriminate. Hence, we propose to make a decisive ch ange in relation to charter schools. From now on, we want to give more to those most in need, providing resources to schools to do better, rewarding those that succeed. The instrument we have designed to foster this change, vital link in th e educational reform is the Preferential School Subsidy for children from vulner able families. This seeks to improve the quality of education in those places wh ere there is greatest need. II. PREFERENTIAL SCHOOL SUBSIDY. The new grant will be distributed to schools to demonstrate effective results in improving learning. In addition, these schools may not discriminate against any child, and do not be vulnerable students require any form of shared financing. This grant is aimed at improving the quality of education for girls and children from vulnerable families, thereby directing more resources where there is great est and where they can be more effective in offsetting inequality. That is why t he initial effort will focus on students between preschool and fourth core, wher e we know we should focus the greatest effort to overcome the disadvantages of h ome learning. Additionally, the Grant School Preferential introduces a step chan ge in the relationship between the state and schools. Today we deliver the resou rces no matter what you do with them or the results obtained. With this grant no t only want to give more to the children most in need but also want to ensure th at public resources are effectively applied to learning, educational outcomes co nditioning them to goals based on national standards of learning, and rewarding those schools adequately develop talents of her students and 5 students. Therefore, for the introduction of the Preferential School Subsidy hol ders made subsidized educational establishments and meet sign an "Agreement of E qual Opportunity and Excellence in Education" with the Ministry of Education, wh ich assume no commitments discrimination and equal opportunities, and commit to achieving quality educational outcomes, sustainable over time. From now ask the attention not only students, but also require a commitment to achieving quality learning of students, particularly the poorest. With the proposed change, theref ore, not only to reduce substantially the disadvantages faced by children in mor e modest areas. Will reform the system so as to adapt the system to the needs of children rather than leave children to system limitations. We know that the cur rent subsidy alone does not work to improve quality and improvement programs alr eady tested do not have sufficient strength to bring about change. We also know

you have to compensate for differences in origin and that not all children what they can pay, it being necessary that in part to factors associated with the edu cational establishment that serves. We also know which are those elements that a llow schools to serve highly vulnerable populations and achieve high scores on n ational tests measuring quality. In that sense, the new Prime School Grant is re sponsible for the shortcomings of our system of funding and support to education al establishments described above amounts to devote separate school grant, recog nizing the different cultural capitals of the families of the students, establis h compliance in the delivery of the grant against educational outcomes and becau se it strengthens the monitoring systems and technical and pedagogical support. 6 In summary,€Preferential School Grant learns from the experiences and new knowle dge in the area and seeks to correct limitations and shortcomings of the educati onal system are still present, such as inequalities in the quality of education and brain drain due to inefficiency and ineffectiveness of the educational syste m and its potential negative effects on growth and equity. The task of enormous magnitude, and requires the unity of all. We know what to d o for this purpose of justice and fairness are met. But this will only happen if all state educators, supporters and parents, we are partners in this effort and do the same national commitment. III. MAIN CONTENTS OF THE PROJECT. The project is essential contents: 1. Recipients. the following The new preference called educational grant, the project creates and regulates, is aimed at students and economically vulnerable, which is called priority, subs idized educational establishments, they are studying 1 st or 2 nd level educatio n transition nursery and from the 1st to 4th year of general basic education. Th e quality of student will be given priority by the Ministry of Education by an i nstrument that defines the Ministry of Planning (Planning Ministry) and consider ing the level of education of the mother or, failing that, the parent or guardia n and urban / rural status home. Girls and children to whom you want to focus pu blic resources need to receive educational services that improve significantly f or the realization of equality of opportunity. Through this bill the State of Ch ile is a step forward in promoting education for the poorest section found at th e base July the educational system. The quality of the education of these children is the to p legal right that the project seeks to protect and promote, subject to this oth er property equally important as freedom of education management and statutory r ights. 2. Freedom to enter and stay. Next, the bill establishes that all holders of municipal and private educational institutions may apply freely supported this new subsidy scheme, so that their students, the requirements to qualify as priority benefit from this new grant. T he stay in the system has a limit of six years, at the end of which the holders are free to renew or not their agreement. 3. Convention of equal excellence. opp ortunities and On the other hand, to join the preferential subsidy scheme, the draft stipulates that holders of educational institutions must sign with the Education Ministry a Convention on Equal Opportunity and Educational Excellence for a minimum perio d of six years. This agreement is an essential set of clauses exempts all pupils priority recovery, eliminates the selection process, without affecting the free dom of management of the establishments with their own educational project, mand ates the retention of students priority of certain conditions, requires to impro ve their academic performance and imposes a commitment to inform their parents /

guardians. 4. first year of ssified in the pendent, those ional outcomes 8

Establishments and emerging self. Then, the draft states that the entry into force of the new grant, all establishments will be cla categories of self or consequential damages. Will qualify as inde educational institutions that have shown consistently good educat of students in tests SIMCE

according to national standards established for such purposes. The others will b e classified as emerging and shall formulate and implement a strategy for educat ional improvement. This classification determines the amount of subsidy that eac h facility actually receive priority for each student to attend. For educational institutions authorized to operate autonomously, the value is 1.4 USE. For auth orized educational institutions and emerging, the value is 0.7 USE. 5. Improveme nt strategies. Emerging Schools must define and implement an intervention strategy designed to achieve within four years, performance goals that enable them for the higher end of the Preferential School Subsidy. For the realization of its improvement stra tegies, should take measures aimed at achieving national learning standards to w hich should be coordinated and joint actions with the institutions and relevant social service networks to detect,€derive and treat psychological, social and sp ecial educational needs of students priority for, along with additional educatio nal activities to the processes of teaching and student learning priority to imp rove school performance. Emerging Schools with more than 15% of priority student s will receive additional resources to develop the Strategy for Educational Impr ovement. 6. Concern about bad outcomes educational establishments. with The emerging educational establishments within one year 9 since the signing of the Convention on Equal Opportunity and Educational Excelle nce, do not hold an approved Educational Improvement Strategy or those having it fail to implement it will be declared by the Ministry of Education and educatio nal institutions in recovery. In the same category are classified those establis hments or emerging autonomous obtaining consistently poor educational performanc e of pupils in national tests to measure quality, according to national standard s established for emerging educational establishments. Thus, the subsidy will no longer receive preferential treatment, receiving economic support in place temp orary special, and will begin a restructuring process regulated three-year, acco rding to the plan agreed upon a tripartite team composed of one representative o f the Ministry of Education by the holder, or his designated representative, and an external entity with expertise on the subject. If in three years to establis h its performance improves as required, shall be classified as emerging or stand -alone, as appropriate, but if it does not achieve this goal, will be out of the system and fail to receive this grant, the Ministry of Education may revoke the recognition official establishment. 7. Assessment and support. Next, the draft states that the Ministry of Education will ensure the proper use of the new gran t through a continuous process of evaluation, monitoring and evaluation through supervision to all establishments of the system, and a pedagogical supervision a nd implementation support Strategies for Educational Improvement and Restructuri ng Plans for establishments classified as emerging or recovery, respectively. Th is process was carried out directly or through outside bodies to perform that fu nction. 10 8. Quality learning outcomes. Achieving results will be evaluated considering th e educational attainment, non-discrimination and retention. The verification of

these achievements will be made through the use of results in the System for Mea suring the Quality of Education (SIMCE), which is the crucial measurement. At le ast every five years, the Ministry will update the national standards of perform ance, which will be used to check progress of quality of educational institution s. 9. Establishments where measurements do not allow inferences about its qualit y. The project, in order to allow classification of such establishments as the 4 th grade enrollment is insufficient for the purpose of making reliable statistic al inferences about their educational outcomes, indicates that the Ministry of E ducation evaluation mechanism will adapt to the characteristics of these establi shments. In these cases, the Convention on Equal Opportunity and Educational Exc ellence should include, where possible, functioning as a systemic whole and arti culate, or network with other establishments with similar characteristics. While this measurement is not made, all properties in this condition will be consider ed "emerging." 10.Facultades and responsibilities of Ministry of Education. of The project determines the set of responsibilities and authority that the Minist ry will have to allow proper operation Preferential System Grant. 11.To establis h sanctions compliance with international conventions. not Next, the bill establishes a set of new faults and their 11 sanctions because of non-compliance of the "Convention for Equality and Excellen ce in Education" and the commitments of the Reorganization Plan, in the case of establishments subject to the system that are in the class recovery. 12.Informac ión permanent and updated. Moreover, the draft states that the Ministry of Educa tion shall maintain a current database of establishments that receive state fund ing for each municipality in the country. Additionally,€this basis, record the a mounts and types of contributions for each establishment, with the results obtai ned by students in measures of quality of education and assessments associated w ith the special grant provided by this law. The regulations of this law stipulat e how that should take this database. The Ministry of Education, based on the in formation referred to above, shall prepare a form for each country's educational establishment that receives grant school, being obligated to inform the familie s who care about the content of the tab. 13.Sistema qualifying subsidized establishments. all the The project, then establishes that whether or not participating in preferential subsidy system, charter schools are classified by category. In the event that th ese educational institutions have similar results to those in the system is call ed "In Recovery", schools will be identified as "Need for Special Measures." Sch ool 14.Subvención first level of transition from pre-school education (preschool ). The plan calls for a universal grant to the first level of transition 12 Early Childhood Education (pre-kindergarten) from the 2007 school year. 15.Prime r period. Finally, the transitional articles of the draft establishes standards for the commencement of operation of the new subsidy scheme, starting the first month of the year 2007. IV. BRIEF DESCRIPTION OF THE PROJECT.

The project consists of two titles. The first creates and regulates a new school subsidy scheme to the attention of socio-economically vulnerable children, call ed preferential subsidy. The second introduces modifications to the current Law on State Grants for Educational Establishments, Decree with Force of Law No. 2 o f 1998, the Ministry of Education. By Title First is created and regulated, then a subsidy for the improvement of the quality of education for pupils priority a re studying from 1 st transition level and 4th year of basic general education, for which it defines as a student priority those children for whom the economic situation of their homes makes their ability to meet the educational process, an d whose quality is determined by the Ministry of Education, or the body which it determines, by an instrument in the household's socioeconomic characterization defined Ministry of Planning. Entitled to ascribe to this subsidy scheme for edu cational institutions governed by the Decree with Force of Law No. 2 of 1998, th e Ministry of Education, to address children's priority. The project establishes the application procedure, the classification system to be affected establishme nts who apply and the categories they belong. It also regulates the Convention o n Equal Opportunities and Excellence in Education to be signing to join the subs idy scheme. 13 Moreover, the project establishes the powers of the Ministry of Education for on going monitoring of teaching performance and control of compliance with the obli gations laid down by law. Additionally, said violations and penalties. In terms of obligations and legal requirements applicable to the establishments that they subscribe to this grant, the project differs depending on whether the establish ments classified as independent, emerging and recovery, differentiating preferen tial grant amount awarded for each student assistant in providing additional or extraordinary, as appropriate, receiving facilities in connection with the Educa tional Improvement Strategies and Plans Restructuring to be addressed. Concordan t with this, we define the unit value of subsidy per student monthly priority fo r the category of educational establishment. In the administration of this grant preferential arrangements, the delivery bill that responsibility to the Ministr y of Education also created a public register of technical educational instituti ons, which provide support to educational establishments for the development and implementation of strategies educational improvement and restructuring plans. I n the second title introduced several modifications to the DFL N º 2 of 1998, th e Ministry of Education, which contains the Law of the State Grant schools. Thes e are as follows. First, he joined the subsidy scheme to the first level of tran sition from pre-school education. Second, amending Article 50 of the said Act Gr ant, adding new offenses€such as breach of the obligation to report under Articl es 64 and 65 of the Act 14 Subsidies that are added by this Act. Third, amending Article 52 of the Act rela ting to penalties Grants, setting limits on the penalty fine, eliminating the pe nalty of suspension of payment of the grant, and establishing a precautionary me asure immediate retention of it in processes under investigation by these violat ions, considering the nature and amount of the alleged infringement. Fourth, sta tes that the Ministry of Education will maintain a public database with relevant information of all educational institutions supported, so that school boards, p arents and guardians and the school community to form an appreciation for the co ntribution of establishment to student learning. It is also envisaged that this information must be given to the school community through a card drawn up by the Ministry school. Finally, it stipulates that the Ministry of Education shall cl assify subsidized schools in the country, according to the standards established under Article 8 of the Preferential Subsidy Act, must include in this classific ation category Establishments with the need for special measures for those yield

s are systematically deficient, which shall take the measures provided for in th e Act Grant Preferential recovery establishments Finally, the bill provides for certain transitional provisions governing the entry effective preferential subsi dy scheme, in particular, the mechanism for determining the classification of ed ucational institutions to express their intention to join this scheme as no nati onal standards are established under Article 8 of the bill. Consequently, I have the honor to submit for your consideration, the following 15 DRAFT DE L E Y: "TITLE I OF THE GRANT SCHOOL PREFERENTIAL Paragraph 1 Grant Preference Article 1 . Believe it an educational grant called preferential aimed at improving the qua lity of students' education priority of educational institutions supported, they are studying 1 or 2 st level of transition from early childhood education and f rom 1st to 4th year of basic general education. Article 2. For the purposes of t he grant preferential priority means students for whom the socioeconomic status of their homes hinder their ability to meet the educational process. The quality of primary students will be graded by the Ministry of Education, or the body wh ich it determines, by an instrument in the household's socioeconomic characteriz ation defined by the Ministry of Planning. For those students whose homes do not have the socioeconomic characterization of your home, consider the education of the mother of the student and, failing that, the schooling of the parent or gua rdian with whom the student living and urban / rural status home. Students whose family belongs to Chile Solidario System quality will have priority by operatio n of law only. Article 3. The specific criteria and procedures for the qualifica tion referred to in the preceding article shall be defined in a regulation made by the Ministry of Education, which will further the signing of the Ministers of Planning and Finance. 16 Article 4. Shall be entitled to the educational grant preferential educational i nstitutions governed by the Decree with Force of Law No. 2, Education, 1998, her einafter "Subsidies Act," whose holder has signed an agreement referred to the a rticle 6 of this Act. This grant will pay for priority students enrolled in thes e establishments, as provided in Articles 12 and 13 of this law. Article 5. In a ll matters not expressly covered by this Act, the grant preferential governed by the rules of Parts I and IV of the Act grants. The loss of the conditions for r eceiving subsidies of the Act, and the deprivation or suspension of payment of t he same, have the effect of suspension or withdrawal, as applicable, preferentia l subsidy and contributions covered by this law. Article 6. To join the preferen tial subsidy scheme, the holders must sign with the Ministry of Education an Agr eement of Equal Opportunity and Educational Excellence, by the educational estab lishment concerned.€This agreement will cover a minimum period of six years, ren ewable for equal periods. Through this agreement, the holder must undertake the following key commitments: a) Exempting students priority of charges laid down i n Title II of the Subsidies Act, referred to Finance Shared, and any charge that the nomination or conditional student's income. b) Agree to all students who ap ply to the establishment within the capabilities it has authorized, in the level s of education as it applies Preferential Grant. In the event that a number of a pplicants exceed the permitted capacity of the educational establishment, the in corporation of students will stick strictly to a public and transparent process of nomination, in no case shall consider the economic or social status of the ho

usehold and the past academic performance or potential candidate. c) To report, for the educational institution holds institutional educational project, parents and guardians of the project and establishment of rules of procedure, provided that the materialisation of the application there is an acceptance of parents an d guardians to the draft regulations and rules procedure. d) Retain in establish ing priority to students with low academic performance and foster a special peda gogical technical assistance to improve their school performance, failing to exc lude pupils for reasons 17 academic. e) Establish and effectively fulfill the goals of academic performance of students agreed upon with the Ministry of Education, according to the result s obtained by applying the national evaluation system referred to in Article 19 of Law N ° 18 962 , Organic Constitutional Education, according to the decree re ferred to in Article 8 hereof. f) Comply with each of the obligations imposed by this Act, as the category has been rated the establishment. In the case of muni cipal educational establishments, the aforementioned Convention will become part of management commitments referred to in Article 70 bis of DFL N º 1, 1997, the Ministry of Education. Article 7. The educational institutions who apply the ru les grant preferential under the provisions of this legal body, will be classifi ed into the following categories: a) Educational Establishments Self: those who have consistently shown good educational outcomes for their students according t o instruments designed by the Ministry of Education for the purposes of Article 19 of Law N ° 18 962, according to national standards established for such purpo ses. b) Educational Establishments Emerging: those who have not consistently sho wn educational success of their students according to the designed by the Minist ry of Education for the purposes of Article 19 of Law N ° 18 962, according to n ational standards to be established for such purposes. New educational instituti ons may join the scheme Preferential Educational Grant when they have at least t wo measurements according to the instruments. Article 8. The national standards and specific criteria for the classification of educational outcomes to which th e preceding Article relates shall be established by Supreme Decree of the Minist ry of Education, and must be updated at least every five years. The procedure fo r identifying and monitoring of educational outcomes for the purposes of this Ac t, shall be established in the rules of this law. Article 9. In order to allow c lassification in the categories indicated in article 7, of those establishments whose 4th grade enrollment is insufficient 18 for the purpose of making reliable statistical inferences about their educationa l outcomes, measured as provided in Article 19 of Law N ° 18 962, the Ministry o f Education to adapt the aforementioned evaluation mechanism for the characteris tics of these establishments. The Convention of Equal Opportunity and Educationa l Excellence established by Article 6 of this law, in the case of educational in stitutions in the foregoing paragraph shall include, where possible, the obligat ion to function as a systemic whole and articulated or network with other establ ishments with similar characteristics and geographical proximity, according to t he procedures established in the regulations of this law. Article 10.The applica tion to enter the school grant preferential arrangements will be made in the mon th of August each year at the Regional Ministerial Secretariat for Education, to join the scheme from next school year. The Regional Ministerial Secretariat of Education, during the months of September and October, analyze the situation of each educational establishment that nominating and proceed to their classificati on in the appropriate category, according to Article 7 of this Act. When this cl assification has occurred previously, as provided for in Article 66 of the Subsi dies Act, it shall be considered as background for the purposes of the applicati on. Article 11.La resolution of the Ministerial Regional Secretary of Education to establish the classification indicated in Article 7 hereof, shall be served p

ersonally or by registered letter to the applicant, and may be appealed to the S ecretary of Education within 15 days from the date of notification. Article 12.L a school grant preferential have the following monthly unit value per student pr iority, expressed in units of educational grant (USE), by category of educationa l institution established by resolution of the Ministerial Regional Secretary of Education, according to article 7 of this law: Grant Value USE autonomous educational ABEstablecimientos emerging educational e stablishments 1.4 0.7 Article 13.The holders of educational establishments classified as independent o r emerging receive preferential monthly subsidy provided in this law. Its amount is determined by multiplying the corresponding value under 19 previous article by the average attendance average priority students during the three months prior to payment. In the months not included in the school year and the first month of the year referred to the procedure will be used in the secon d and third paragraphs of Article 13 of the Subsidies Act, applied to students p riority. Similarly with regard to the suspension of classes or school activities for a calendar month, shall apply in the fourth paragraph of Article. Article 1 4.The facilities incorporated into this grant scheme will be submitted by the Mi nistry of Education to ongoing monitoring of their performance in the pedagogica l and supervision of compliance with the obligations referred to this law, accor ding to procedures, frequency and indicators that specify the rules of this law. The results of the evaluation of the fifth and earlier years, as appropriate to the category in which the establishment is located will be notified during the school year following the last measurement used for evaluation. This new classif ication will be effective to tell the school year immediately following the noti fication. During the year of graduation, the establishment will maintain the pre vious category. Paragraph 2 ° Educational Establishments Autonomous Article 15.Wherever autonomo us establishments shall evaluate compliance with the obligations contained in th e Convention on Equal Opportunity and Educational Excellence, especially retenti on of students with academic difficulties priority and enforcement of academic a chievement of all students, according to the results of a national measurement a pplied to the 4th year of basic general education during the period referred to Article 19 of Law No. 18 962. The evaluation of these establishments, according to the aforementioned academic achievements, will be held by the Ministry of Edu cation at least every five years. If the outcome of this assessment, with regard to academic achievement, indicates that they have complied with the obligations of the preceding paragraph, remain as the Self. Otherwise, these establishments will the quality of emerging recovery of establishments referred to in paragrap h 4 of the Title I of the Act. 20 Paragraph 3 establishes Emerging Educational Article 16.The holder classified as an emerging educational institution must assume the additional commitments are listed below, which, once signed, will be added to the Convention of Equal Oppor tunity and Educational Excellence: 1. Develop a first year Education Improvement Strategy, which must be approved by the Ministry of Education, to be executed w ithin a maximum period of four years.€This strategy must include at least: a) An initial diagnosis of the situation of the establishment and teaching and learni ng process for all students, as well as an evaluation in the human resources, te chnical and material inside the establishment. b) A set of educational outcome t argets to be achieved during the implementation of the Strategy. In any case, th e deadline for implementing the Strategy, the educational establishment must mee

t the national standards of learning. 2. Coordinating and linking activities wit h the institutions and networks relevant social services to identify, refer and treat psychological problems, social and special educational needs of students a priority. 3. Develop educational activities to complement the teaching and stud ent learning priority to improve school performance. Article 17.Los qualified an d emerging educational establishments which have a higher priority student ratio to 15% of student enrollment, considered it from the 1st level of transition fr om preschool education to 4 th year of basic general education shall be entitled to perceived from the start of the implementation of the Strategy for Education al Improvement extra input of resources to help finance the Strategy. To impleme nt the strategy referred to in the preceding paragraph, the establishments liste d here are allowed to use additional resources for support services from an exte rnal entity with relevant technical capacity, which in any case must be entered in the register indicated Article 26. The annual amount of resources received by institutions emerging from the application of point B. - Article 12 and the add itional contribution referred to this article 21 not exceed what would correspond receive at the same establishment, where it was in the category of Self. The Regulation referred to in article 3 set out the cr iteria for determining the amount of additional funding. Article 18.The Ministry of Education will undertake monitoring emerging educational establishments deve lop their strategy to improve education. one that The Ministry of Education will evaluate annually the implementation of commitmen ts under the Convention on Equal Opportunities and Excellence in Education by th e holder for each educational establishment pop. Article 19.Si assessments ident ified in the previous article, in reference to academic achievement, indicate th at an educational institution has been emerging national standards for the categ ory of autonomous institutions referred to in Article 8 of this law, holder may apply to the Ministry of Education that the establishment is classified in that category from the following school year, according to the procedure for this pur pose by the regulations of this law. § 4 Educational Establishments Recovery Article 20.The Ministry of Education, by order of the Regional Ministerial Secretary of Education, educational establish ments classified as those establishments Recovery emerging autonomous or incorpo rated into the scheme of this law repeatedly get poor educational outcomes their students, according to the designed by the Ministry of Education for the purpos es of Article 19 of Law No. 18 962 and in accordance with national standards est ablished for emerging educational establishments. Be understood as consistently poor results do not satisfy, at least for two years, with national standards acc ording to what is stated in Article 8 of this Act. Recovery will also be classif ied as emerging educational establishments, within one year from the signing of the Convention on Equal Opportunity and Educational Excellence, lack the Educati onal Improvement Strategy referred to in Article 16 of this law. The same classi fication receive those educational institutions that, having adopted a strategy, not pursued, a situation that will be verified by the Ministry of Education in the evaluation referred to the second paragraph of Article 18 of the Act. 22 The classification of an establishment in category Recovery may be made from the second year signed the Convention of Equal Opportunity and Educational Excellen ce, except in the case of an establishment to be entering this category in accor dance with the provisions of the Article 66 of the Law on Grants.€The establishm ent to be declared in the category in the classification and recovery remain sub ject to the obligations under this Act to such establishments for three years fr om the next school year in which it was classified in that category. Article 21.

La resolution declaring at an educational institution in the class in Recovery, as I noted in the preceding article shall terminate the right to grant preferent ial implore by the holder of the establishment, beginning next school year. This resolution shall be served personally or by registered letter to the holder and may be appealed to the Secretary of Education within 15 days from the date of n otification. Article 22.educacionales obligations: The recovery in holders will have the following facilities 1) Achieve national standards for an emerging category within three years after the school year following the termination of the preceding article. 2) Achieve t he Restructuring Plan to establish a tripartite team composed of one representat ive of the Ministry of Education by the holder, or his designated representative , and by an external body with expertise on the matter from those incorporated i n the record referred to Article 26 of this law. This plan will emerge from an E valuation Report of Educational Quality of the proposed establishment by the ext ernal entity as outlined above. The Restructuring Plan will cover both the admin istrative and establishment and management of the teaching and learning and thei r practices and be prepared before the start of the school year following the en actment of the resolution referred to in Article 20. 3) Apply contained in the P lan. restructuring measures If the proposed restructuring of the management team of teachers, technical or c lassroom teaching in order to overcome the deficiencies identified by the report 23 Educational Quality Assessment on the staff of educational institution, the hold er may apply the following measures, without any of them can be regarded as unde rmining for teachers: a) Redestinación tasks and / or functions; b) Destination of the teacher to another establishment of the holder who has the status of autonomous or emergency; c) Development of plans for professional dev elopment for teachers, it can be used for all or part of the contracted workday. Such measures must be adopted taking into account the level of deficiency that must be passed and according to the possibilities of the holder, including the e xtraordinary contribution referred to the article below. Article 23.Los supporte rs of educational institutions declared in recovery receive from the school year following the resolution referred to in Article 20, a special economic contribu tion of a temporary nature, provided by the Ministry of Education to design and carry out the activities identified in the preceding article. The annual amount of this special contribution shall not exceed the amount that would be for the e ducational institution if you apply the grant laid down in point B.del Article 1 2 of this Act priority by students enrolled in the first quarter of school year considering the percentage of actual average attendance of pupils registered pri ority in the months immediately preceding the school year. These resources shoul d be applied to improvement measures contained in the Restructuring Plan referre d to in the preceding article. The surrender of these resources shall be stamped by the external entity. Article 24.Si completed within 3 years as set out in pa ragraph 1 of Article 22, the educational establishment in recovery reach the sta ted objectives of the restructuring will be classified as emerging or stand-alon e, as appropriate. On the other hand, if the establishment fails to recover thes e goals in that period, may not continue in the Educational Grant Scheme obtain the grant preferential or preferential, the Ministry of Education may revoke the recognition. This resolution will be dictated by the Ministerial Regional Secre tary of Education and served on the holder by registered letter. 24 Shall appeal to the Secretary of Education, within 15 days after the notificatio n of the decision.

Paragraph 5 ° Responsibilities of the Ministry of Education Article 25.The Management of Education Grant Scheme Preference will be given by the Ministry of Education. Under Ministry of Education: of these functions corre spond to a) Classify educational institutions in the categories mentioned in Article 7 of this Act and report to health facilities, school boards, parents and guardians, the school community and the general public, b) Adhere to the Conventions Equal Opportunity and Educational Excellence and verify compliance; c) Make an evalua tive monitoring of the implementation of the Strategies for Educational Improvem ent and enforcement of the agreement referred to article 6 of this Act; d) Deter mine instruments and the opportunity to verify compliance with the commitments m ade by educational establishments that are part of the Conditions of Grant Prefe rential e) Conduct a pedagogical supervision for establishments classified as em erging or recovery, which may take the form directly or through outside bodies t o carry out this function f) Propose strategies to improve education supporters and methodologies g) Establish the form and frequency in which the holders of educational establis hments must inform the School Board and parents and guardians on the status of t he establishments under the school grant preferential regime, especially for the commitments and requirements would h) To develop and integrate the Tripartite T eam stated in Article 22 of this Law; i) apply the penalties referred to in 25 Article 28 j) All other actions necessary for compliance and purposes of this Ac t. Article 26.The Ministry of Education establish a public register of Technical Educational Institutions, which shall be entitled to support educational instit utions for the development and implementation of the Restructuring Plan, as indi cated in Article 17 and all other functions referred to in Article 22 of this La w. The Regulation referred to in article 3 shall determine the requirements to b e met by the entities that form part of the registry, to ensure technical qualit y and expertise of these entities. The holders of contiguous geographical areas or with similar characteristics may be associated with one another to receive te chnical support from a technical entity in education. The fees of each education al institution by that technical support will be paid by the holder to require t heir services. Paragraph 6 of the Offences and Penalties Article 27.Son grave breaches of this Act, in addition to those recorded in the final paragraph of Article 50 of the A ct Grants: 1) Failure of the key commitments set out in points a), b) c) d) of a rticle 6, 2) Breach of the additional set out in Article 16 emerging educational establishments and undertakings for 3) Failure to comply with the obligations laid down in Article 22 for educationa l institutions in recovery. Rule 28.Las breach of this law shall be punished as provided in Article 52, Law on Subsidies and by the procedure under Article 53 o f the Act. Fines and deductions that apply under this law shall be for grants of this law and those of the Law on Grants. 26 Article 29.En extent not provided in this paragraph, in respect of infringements , withholdings, deductions and penalties shall apply the provisions of Title IV of the Act grants. PART II OTHER RULES Article 30.Introdúcense Decree with Force of Law Education:

the next N º 2, 1998, amendments to the Ministry of 1) is substituted in all its provisions, the term "pre-school education (second level transition)" with "pre-school education (primary and secondary transition) ." 2) sense: a) Add the second clause, then the point d) the following point e) new: to amend Article 50 in the following "E) Failure to report under Article 64 and 65 of this Act;" b) Add, in the third paragraph, then the letter h), the next letter i) new: a "I) To remain two years after the school year following that have been classifie d in the category of establishments in Need of Special Measures in accordance wi th the provisions of Article 66 of this law, without applying the measures propo sed by the Ministry Education to address this category. ".€3) with the following : replacement of the first paragraph of Article 52 "The sanctions include: a) Fi nes, which can not be less than five percent nor more than fifty percent of a un it educational grant per student enrolled the date on which the violation is inc urred. b) Deprivation of the grant, be total or partial permanent or temporary. can In case of temporary deprivation, it may not exceed twelve consecutive months. c ) Withdrawal of official recognition, and d) temporary or perpetual inability holder to maintain or participate in any way 27 government funding. ". of establishments educational 4) In Article 53, add the following new second paragraph, second paragraph from the current to be third and so on: "Once notified the holder or his agent to inv estigate the decision ordering process, the Ministerial Regional Secretary of Ed ucation may as a precautionary measure, order, a reasoned decision, immediate re tention, either total or partial payment of the grant, considering the nature an d amount of the alleged violation. "5) and 67:" Article 64 .- For purposes of th is Act, the Education Ministry will maintain a database containing relevant info rmation on all educational institutions necessary for subsidized school boards a nd parents / guardians and the school community, to form an assessment as to the contribution the establishment to student learning. This database is public and freely accessible to anyone who is interested in consulting it. Holders should provide all information requested by the Ministry of Education required for the maintenance of this database, particularly that information referred to in Artic le 8 of Law No. 19 979. A regulation shall determine the form and method to be c arried in the database, along with the frequency, method of updating and the inf ormation it should contain. Article 65 .- From the information contained in the database established in the previous article, the Ministry of Education School A file summarizing the relevant information for the purposes stated in the previo us article of each facility subject to this law school . School Fact Sheet will be distributed to the respective educational institutions, and will surrender th eir obligation to parents and guardians as well as the establishment candidates. The information referred to in the preceding paragraph shall always be availabl e to any interested party. The regulations specify the frequency, form and infor mation sheet should contain the school. Agréganse the following Articles 64, 65, 66

28 Article 66 .- The Ministry of Education, according to information contained in t he database referred to in Article 64 shall classify all of the country in subsi dized or not participating in the Preferential Subsidy Scheme, according to seve ral characteristics that set the rules. This classification should cover a categ ory of establishments in Need of Special Measures will include those who have ac hieved results consistently poor performance of their students according to nati onal standards established for that purpose in the decree referred to article 8 of the Preferential Subsidy Act. To determine the classification of establishmen ts should consider the results of student learning as measured through the instr uments designed by the Ministry of Education for this purpose. The number of mea surements which show the results in no case be less than two. By Presidential De cree, issued by the Ministry of Education, shall determine the criteria and proc edure for classification of educational establishments in this article. Also, th e Presidential Decree established the pace at which educational establishments a re subject to subsequent assessments to allow reclassification to another catego ry, if appropriate. The decision to classify educational establishments will be issued by the Regional Ministerial Secretary for Education. In that decision may be appealed to the Assistant Secretary of Education, within 15 days after the n otification of the decision that determines the category in which an educational establishment is classified. Article 67 .- In the case of educational instituti ons with need for special measures mentioned in the previous article, the Minist ry of Education may, annually,€measures to overcome these establishments that ca tegory. The establishments providing at least until the fourth year of general b asic education kept more than two years in this category have the following scho ol year have been classified, they will lose the right to implore all subsidies, except to assume the obligations and undertake the measures set out in Article 22 of the Preferential Subsidy Act, in which case they shall be entitled to rece ive the support set forth in paragraph 4 of the Act.. " Article 31.The higher fi scal spending that represents the application 29 of this Act shall be financed from the resources that includes the annual Budget Act the Public Sector. Transitory Items Article One transitorio.Los establishments who apply and are incorporated into t he preferential subsidy scheme during the first two years of enactment of this l aw, may be classified as self-employed if they meet the following requirements r elated to the results of measurements made 4 ° by the Ministry of Basic Educatio n for the purposes of Article 19 of Law No. 18 962, that is: a) That the average score as a settlement is greater than the average score of t he establishment located in the median income of her peer group. b) The percenta ge of students SIMCE over 250 points is greater than the percentage of students on this score that has an establishment situated in the median income of her pee r group. c) The percentage of students SIMCE over 300 points is greater than the percentage of students on this score that has an establishment situated in the median income of her peer group. This should occur in a significant number of measurements and sectors of learnin g, which may not, in the case of measurements, less than two. The procedure used to rank schools based on these criteria will be established in the relevant reg ulation. In the same period mentioned in paragraph one, the classification refer red to in Article 7 of this law will be done considering groups establishments w ith similar characteristics. The criteria for that group will be established in

the rules of this law. These criteria shall consider primarily the socioeconomic level 30 of students served and the resources or contributions in money that has or recei ves the educational establishment. In the same period prescribed in the precedin g paragraph, the educational institutions that join the preferential subsidy sch eme does not satisfy the requirements of this and the following Article shall be classified as emerging. Article Two transitorio.Durante the first two years of enactment of this law, th e establishments will be classified as in recovery if the following conditions w ith respect to the results obtained in measurements made at 4 ° by the Ministry of Basic Education for the purposes of Article 19 of Law N º 18 962: a) points. b) The proportion of pupils on the SIMCE 250 points to below 20%. That your aver age score lower than 220 This should occur in a significant number of measurements and sectors of learnin g, which may not, in the case of measurements, less than two. The procedure used to rank schools based on these criteria will be established in the relevant reg ulation. Pending the establishment of national standards referred to in Article 8 of this Act, the classification of Article 7 of the same will be done consider ing groups establishments with similar characteristics. The criteria for that gr oup will be established in the rules of this law. These criteria shall consider mainly the socioeconomic level of the students served and the resources or contr ibutions in cash or in whatever or receive the educational establishment. In any case, the supreme decree referred to in Article 8, must be made within 24 month s following the entry into force of this Act. The same procedure was applied to classify the educational establishments in Need of Special Measures referred to in Article 66 of the Act grants. 31 Article Three transitorio.Durante the first year of operation of the law, educat ional institutions which run for the grant holder Preference will be classified as self-employed or are or are not emerging as the requirements of article one t ransitional€is not applicable during this period of recovery or category referre d to in the first paragraph of Article 66 of the Act grants. Article four transitional .- In the period between the entry into force of the l aw and the implementation of the mechanisms established under Article 9, the edu cational establishments referred to in this Article shall be deemed, for purpose s of the Grant PTA and Equality Convention Opportunity and Educational Excellenc e established by Article 6 of this law, and emerging. Pending the implementation of these mechanisms can not change their category. 32 Article five transitional .- This Act shall have the first month of the year 200 7.. " God keep V.E., President Ricardo Lagos Escobar of the Republic FARM Minister Sergio Bitar Education Nicolas Eyzaguirre Guzman Minister of Finance