Draft bill 177.

Summary.

The draft bill proposes maintaining continuity of public education at public educational centers when a teacher’s absence affects, or could affect, the regular course of instruction. Its temporary replacement mechanism would supplement the existing teacher selection and appointment system without creating a new appointment category. To establish it, Art. 2 would add Articles 175-A through 175-F to Law 47 of 1946, the Organic Law of Education (Ley 47 de 1946, Orgánica de Educación).

The proposed provisions would require the Ministry of Education (Ministerio de Educación) to take the administrative measures needed to maintain educational services. Replacement would be available when a legally recognized absence of the incumbent teacher needs to be covered. The listed grounds include medical incapacity, maternity leave, other legally granted leave, temporary removal or suspension ordered by a competent authority, and a temporary assignment of the incumbent to another position. The mechanism would also cover other legally recognized temporary circumstances that prevent the incumbent from performing the job. Implementing regulations would set criteria concerning the length of the absence and other circumstances relevant to deciding whether replacement is necessary.

Once the competent education authority formally learns of an absence requiring coverage, it would have to begin the administrative steps on its own initiative. No request from the incumbent teacher, students, parents, or third parties would be required. School directors would have to report relevant absences promptly under the regulatory procedure. For an absence whose start date is known in advance, the Ministry of Education would have to act early enough to seek an interim teacher who can start when the incumbent’s absence begins. For an unforeseen absence, the process would begin immediately after formal notice and receipt of documents establishing its cause. The Ministry would seek to complete the steps within its authority within a maximum of five business days. If duly documented exceptional circumstances prevent coverage within that period, the competent authority would record its reasons and continue the process as a priority.

Selection and appointment of the interim teacher would use the registers, mechanisms, and procedures established by education law and its regulations. Position requirements and the applicable principles of merit, equal opportunity, transparency, specialization, suitability, and order of priority would remain in force. The expedited process would permit neither discretionary appointments nor exemptions from professional requirements. The Ministry of Education could use technology to identify eligible educators in existing registers who indicate availability for temporary assignments; indicating availability would create no entitlement to appointment. An interim appointment would last only while its underlying cause remains and would preserve the absent teacher’s incumbency, job security, seniority, and other legal rights. It would end upon the incumbent’s lawful return, the end of the reason for absence, expiry of the specified appointment period, lawful permanent filling of the position, or another legally established ground. It would confer no right to remain in or hold title to the position.

For permanent vacancies caused by resignation, retirement, death, a final dismissal decision, or another legal ground, Art. 3 would retain the ordinary permanent appointment process. It would allow interim coverage while that process is under way if needed to maintain services, without unjustifiably delaying permanent appointment or granting a right to occupy the position permanently. Art. 4 would require the Ministry to monitor periods when teaching positions remain uncovered and take measures to reduce them. It could record dates of absence reports, commencement of proceedings, interim appointments, and actual coverage, subject to personal data protection rules.

The Executive Branch (Órgano Ejecutivo), acting through the Ministry of Education, would issue implementing regulations within six months after promulgation. Those regulations would address administrative procedures, coordination, replacement criteria, and eligible educator registers while respecting acquired rights and the teaching career system. The Ministry would align interim appointment rules and procedures with the proposal while preserving existing requirements, rights, and guarantees. Art. 7 restates the additions to Law 47 of September 24, 1946; Art. 8 sets commencement six months after promulgation. The public bodies involved are the Ministry of Education and the Executive Branch. The provisions could concern teaching staff, interim appointment candidates, public educational centers, students, and their families in the Republic of Panama (República de Panamá).