Bill 88.

Second debate (plenary)
  • TypeBill
  • 88
  • FiledSeptember 16, 2024
  • SponsorMinistra de Educación S.e. Lucy Molinar Jacquers

Summary.

The bill creates the Educational Support Program to support enrollment and progress among primary, lower secondary, and upper secondary students in the regular subsystem, and special education students in the non-regular subsystem. It assigns implementation to the Institute for Training and Development of Human Resources (Instituto para la Formación y Aprovechamiento de Recursos Humanos), in collaboration with the Ministry of Education (Ministerio de Educación), and requires both institutions to form an interinstitutional commission to oversee its development and compliance. Its objectives include promoting enrollment, participation, continuity, attendance, and academic achievement; helping cover educational expenses; and preventing absenteeism, grade repetition, and dropout. It defines the benefit, its proper use, and the role of the guardian.

The annual financial support is distributed in three payments according to educational level: 270 balboas (B/. 270.00) for primary education, in payments of 90 balboas (B/. 90.00) every three months; 360 balboas (B/. 360.00) for lower secondary education, in payments of 120 balboas (B/. 120.00) every three months; and 450 balboas (B/. 450.00) for upper secondary education, in payments of 150 balboas (B/. 150.00) every three months. The benefit must be used for uniforms, books, school supplies, transportation, or other needs that contribute to academic performance. Students may receive it until they complete upper secondary education if they meet the prescribed conditions.

To award the benefit, the Institute must verify that the student is enrolled in a covered level or type of education, pursues and passes the corresponding studies, and complies with applicable attendance and conduct rules. Guardians must use the payments properly, attend meetings to monitor academic progress and conduct, participate in the teaching and learning process under Law 3 of 2011, and attend activities of the School for Parents Program or its equivalent, as provided in regulations issued by the Executive Branch (Órgano Ejecutivo). The benefit may be received alongside scholarships or other financial assistance from public or private sources if their requirements are met.

The bill provides for suspension of the benefit for failure to meet attendance requirements, failure of a grade in primary education, failure of subjects in lower or upper secondary education, or failure of a guardian to fulfill their duties. It sets different conditions for lifting a suspension depending on the grade, the number of failed subjects, whether those subjects are passed on a subsequent attempt, and entry into the next grade. It provides for cancellation upon expulsion, a final criminal conviction, misuse, falsified documents, transfer to a private school that does not comply with Article 169 of Law 8 of 2010, or the guardian’s withdrawal from the benefit.

The Institute sets the annual payment schedule and must make the first payment before the school year begins; the Ministry of Education provides it with information on students who meet the conditions. School administrators, teachers, administrative staff, and any member of the school community or the public must report misuse to the Ministry of Education. The regional education office investigates and, if it confirms misuse, forwards the case file; the Institute may provisionally withhold payment during the investigation.

The amendment to Article 169 of Law 8 of 2010 allocates, among other purposes, additional revenue from the increase in the tax on transfers of tangible movable goods and the provision of services to fund the Program for students from first grade of primary education through twelfth grade of upper secondary education in public and private schools nationwide. Private schools must be authorized by the Ministry of Education, and their enrollment fees and monthly tuition must not exceed 2,300 balboas (B/. 2,300.00) per year; the bill defines what is included in the enrollment fee and requires charges to be itemized. The Executive Branch regulates the proposed law, which repeals Law 148 of 2020 and would take effect on the day after its promulgation. In light of its content, it relates to the educational institutions cited, public and private schools, students, guardians, school staff, and suppliers of goods and school transportation.

What it proposes.

  • Creation and implementation of the Educational Support Program.
  • Award, use, suspension, and cancellation of the student financial benefit.
  • Program funding and conditions for private schools.

Who it would affect.

  • Primary, lower secondary, upper secondary, and special education students covered by the Program.
  • Guardians of student beneficiaries.
  • Public and private schools.
  • Education staff and authorities responsible for reporting, investigating, and administering the benefit.

Key points.

  1. Creates the Educational Support Program and assigns its implementation to the Institute for Training and Development of Human Resources, in collaboration with the Ministry of Education.Arts. 1-2
  2. Sets annual financial support by educational level, divided into three payments, to cover educational needs.Arts. 5-6
  3. Makes the award conditional on the student’s enrollment, passing grades, attendance, and conduct, and establishes participation duties for the guardian.Arts. 7-8
  4. Allows the benefit to be received alongside other scholarships or financial assistance if their requirements are met.Art. 9
  5. Establishes grounds for suspending and cancelling the benefit, with conditions for lifting certain suspensions.Arts. 10-11
  6. Requires a payment schedule and establishes procedures for reporting and investigating misuse, with possible provisional withholding of payment.Arts. 12-13
  7. Amends funding and eligibility conditions for students at private schools, provides for implementing regulations, and repeals Law 148 of 2020.Arts. 14-16