Summary.
The bill establishes a procedure for changing tuition, monthly fees and other charges associated with private schools. Its stated scope includes compliance, disclosure, transparency and accountability. It would amend Articles 126 and 130 and add Articles 130-A through 130-F to the consolidated text of Law 47 of 1946, the Organic Law of Education.
The proposed amendment to Article 126 provides for sanctions against private education institutions and their teaching or administrative staff if they fail to comply with the Political Constitution of the Republic (Constitución Política de la República), the law or the principle of the best interests of the child. Sanctions would follow the rules established by the Ministry of Education (Ministerio de Educación), without prejudice to others available under national legislation. Parents could request a report from the National Directorate of Private Education (Dirección Nacional de Educación Particular) detailing the status, actions and administrative sanctions issued by the Ministry.
The proposed Article 130 assigns private schools, parent associations—or the school’s parents where there is no association—and the Ministry responsibility for coordinating changes to tuition and to the costs and procurement of uniforms and school supplies. Increases in tuition, monthly fees and other charges could occur only every three (3) years, following coordination and approval by the relevant parties.
New Articles 130-A and 130-B would require a school, through its legal representative or principal, to convene the parents and the relevant Regional Directorate of Education (Dirección Regional de Educación) in writing. The notice must state its purpose, date, place and time and be given at least six (6) months before the start of the next enrollment period. At the meeting, the proponent would submit a cost-increase report containing a diagnosis and technical justifications. The Private Education Coordinator would mediate between the parties and certify in writing that the report was submitted and what it contained.
Under proposed Article 130-C, the proponent would explain the increase orally, followed by questions and comments. Approval would require two thirds (~) of the school’s parents in a secret ballot, with 1 vote per family group. If no understanding were reached, parents would have ten (10) business days to submit written objections. Within the following ten (10) business days, the school would evaluate those observations and convene another meeting to seek agreement.
The Regional Directorate of Education would retain reports of the coordination meetings and make them available to interested parties. Schools would guarantee parents’ right to form an association. Discriminatory, abusive or exclusionary acts or omissions against students because their parents objected to or voted against an increase would be prohibited and subject to administrative and other legal sanctions. The bill would take effect in the year following its promulgation in the Official Gazette (Gaceta Oficial). Its provisions concern the Ministry and its regional offices, private schools, their staff, students and families, and the uniform and school-supply sectors.
What it proposes.
- Increases in tuition, monthly fees and other private-school charges.
- Parent participation and voting on proposed increases.
- Disclosure of reports, freedom of association and protection against retaliation.
Who it would affect.
- Private schools.
- Parents and their associations.
- Students at private schools.
- Teaching, administrative and management staff at those schools.
Key points.
- The bill sets a procedure for increases in tuition, monthly fees and associated charges at private schools.Art. 1
- Parents could request information on administrative actions and sanctions concerning private institutions or their staff.Art. 2
- Tuition, monthly fees and other charges could rise only every three (3) years, following coordination and approval.Art. 3
- A school would have to notify parents and the regional authority in writing at least six (6) months before the next enrollment period and submit a technical report supporting the increase.Arts. 4-5
- A proposal would require two thirds (~) of parents in a secret ballot with 1 vote per family group; the article also sets periods for objections and a further meeting.Art. 6
- The regional authority would retain meeting reports and make them accessible to interested parties.Art. 7
- Schools would guarantee parents’ right of association, and retaliation against students for their parents’ objections or votes would be prohibited.Arts. 8-9
- The bill identifies the amended and added provisions of Law 47 of 1946 and sets its effective date as the year following promulgation.Arts. 10-11