Bill 87.

Summary.

The bill establishes a strategy for primary and secondary support through psychoeducational services for students in public and private schools throughout the country. It assigns the National Directorate of Psychoeducational Services (Dirección Nacional de los Servicios Psicoeducativos), under the Ministry of Education (Ministerio de Educación), responsibility for directing and supervising the plans, programs, and activities of the former psychopedagogical teams, now called Psychoeducational Teams (Gabinetes Psicoeducativos). The National Directorate would administer, organize, and evaluate the services, supervise interdisciplinary teams, promote research, and coordinate suspensions with the Discipline Commission (Comisión de Disciplina). It would follow up on serious offenses under Executive Decree 142 of September 4, 1997, while distinguishing acts covered by the juvenile criminal justice regime established by Law 40 of 1999, as amended.

The Psychoeducational Teams would plan, implement, and supervise programs in schools. Their membership would include professionals in psychology, psychiatry, social work, learning, and educational psychology, as well as teachers, principals, and other specialists approved by the Directorate. The amendment to Article 4 of Law 4 of February 1, 2011, assigns them responsibilities for guidance, prevention, diagnosis, biopsychosocial assessment, training, and research. It also tasks them with coordinating interventions with other entities, applying protocols for suspended students, and recording follow-up through forms, logs, databases, and internet applications. They would prepare materials and protocols on bullying, violence, school coexistence, early pregnancy, and addictions. Their distribution and expansion across school zones would depend on indicators of psychosocial risk, dropout rates, and learning difficulties.

The bill also amends Article 4 of Law 221 of June 8, 2021: it places the program for young people with addiction problems under the Ministry of Health (Ministerio de Salud), the Ministry of Education, and the Ministry of Social Development (Ministerio de Desarrollo Social), with cooperation from entities working in mental health and the prevention of drug-related crime. The teams would report student cases to the Ministry of Health for inclusion in the program. On disciplinary matters, the bill creates suspension classrooms to maintain academic participation and provide corrective support. Public schools would provide a physical space with guidance and tutoring. It creates the Biopsychosocial Disciplinary Council (Consejo Disciplinario Biopsicosocial) to advise the Discipline Commission on serious offenses, recommend corrective measures, and provide therapeutic follow-up; it defines the Council’s professional and regional membership.

Anyone who becomes aware of threats, intimidation, or criminal acts within the school community would have to notify school management immediately so that the channels involving the Children and Adolescents Police (Policía de Niñez y Adolescencia) and the Juvenile Criminal Court (Juzgado Penal de Adolescentes) can be activated. Failure to do so would constitute a disciplinary or administrative offense, depending on the person’s position, also under the cited education legislation. With authorization from school management, the Ministry of Education would coordinate measures to detect drugs, alcohol, cigarettes, and weapons, including random searches in vulnerable areas.

Suspension, transfer, and expulsion sanctions would be subject to reconsideration and appeal within 5 days. Decisions would rely on reports from the team and, on appeal, from CONDIBI. The bill regulates reporting of offending acts, the consequences of expulsion for enrollment, first-instance decisions and notification, and the presence of a team representative at the hearing. Funding is tied to 1% of the annual revenue from the 7% received by the Ministry of Education in addition to its budget, and to 0.5% of the state’s annual revenue. Finally, the text supersedes provisions of Executive Decrees 162, 202, and 142 and of the 2 amended laws; it assigns implementing regulations to the Executive Branch (Órgano Ejecutivo) and provides for entry into force upon publication in the Official Gazette (Gaceta Oficial). Its provisions would concern the education, health, police, and judicial authorities mentioned, as well as students, families, school staff, and psychoeducational service professionals.