Draft bill 180.

Summary.

The draft bill would establish safety measures for teaching, managerial and administrative staff at educational institutions in the Republic of Panama (República de Panamá) against violence, threats, intimidation, harassment and retaliation connected with their duties. Protection would cover incidents on school premises and incidents elsewhere during activities organized, authorized or supervised by an educational institution or the Ministry of Education (Ministerio de Educación). The text defines protected staff, educational duties, safety, relevant forms of misconduct and the exercise of educational authority. Its application would follow principles including human dignity, due process, legality and proportionality, consistently with the Constitution (Constitución Política).

Staff would have the right to work in a safe environment. The Ministry of Education and educational institutions would take reasonable and timely measures to prevent and address risks. Pedagogical, administrative and disciplinary actions taken within a staff member’s authority and under applicable rules would be presumed lawful until a competent authority revokes them or finds them contrary to law. Objections and complaints would follow established administrative or judicial procedures; filing a complaint would not justify threats or retaliation. Protection would also extend to authorized or supervised educational activities outside school premises.

The Ministry of Education would establish policies and procedures covering prevention, training, risk response, legal and psychological assistance, coordination and case monitoring. It would adopt a National Protocol for official and private educational institutions. The protocol would provide for identifying and reporting risks, an initial risk assessment, immediate protection, responses to threats or attacks, referral to competent authorities, assistance and safeguards against retaliation targeting complainants, witnesses or participants in proceedings. It would operate alongside existing educational, administrative, disciplinary and rights protection procedures. The Ministry would conduct periodic training and review the protocol at least every three years or when circumstances warrant.

Staff who learn of or experience a risk could request activation of the protocol. Educational authorities would take initial protective steps according to the identified risk without unjustified delay. Within its institutional capacity and under applicable rules, the Ministry would provide access to legal guidance and assistance, psychological care, support during investigations and information about available protection. It would also maintain an institutional register to compile statistics, identify risks and evaluate responses, subject to personal data protection rules.

The draft bill would provide for continuing programs on school coexistence and violence prevention. Members of the educational community would be required to act respectfully and use established legal channels for objections. When conduct affects staff safety, an educational institution would take the applicable institutional measures and report possible administrative offenses or crimes to the competent authority. If a student is involved, the applicable disciplinary framework and safeguards would govern the response. Official and private institutions would include activities promoting respect, peaceful coexistence and conflict resolution.

The Ministry of Education, through its Regional Directorates and other competent authorities, would adopt administrative protective measures proportionate to the risk. These could include preventive steps within the educational setting, communication with parents or guardians when appropriate, requests for intervention by competent authorities, stronger school security and institutional support. The measures would respect the right to continued education recognized by Law 285 of February 15, 2022. Staff could report conduct amounting to an administrative or criminal offense and would be protected against retaliation for reporting, testifying or participating in proceedings. The Ministry would coordinate with public bodies responsible for security, justice, health and rights protection. The Executive Branch (Órgano Ejecutivo) would issue regulations within 60 days after promulgation; the proposed law would take effect the day after promulgation in the Official Gazette. The measures would concern official and private educational institutions, educational staff, students and families.