📋 Tender Overview
The Education Commission began to study the amendments introduced in the second procedure. Until now, the elimination of the unsatisfied demand requirement to access a subsidy has focused the debate. Initiating the study of the amendments introduced by the Lower House to the project that facilitates the creation of new educational establishments was the objective of the last session of the Education Commission. The proposal initiated in a motion by senators Gustavo Sanhueza and Matias Walker, and former parliamentarians Jose Garcia and Carmen Gloria Aravena, aims to modify various legal bodies to respond to the need to create more and better school offerings. In the Lower House, the text received a series of changes in the Education and Finance committees, which were sent to the Senate at the beginning of July. Substantively, the condition for the supporter to be the owner of the property and the requirement of having an unsatisfied demand to be able to access the subsidy were eliminated. A new financial article was also introduced, so the project should also be sent to the Treasury before going to the Court. It should be noted that, if these amendments are rejected by the Plenary, a Joint Commission must be formed to resolve the discrepancies between the parliamentarians. For now, the Education Commission will resume voting on Wednesday, August 5. UNSATISFIED DEMAND The Undersecretary of Education, Daniel Rodriguez explained that the changes that were made, we believe, deepen the meaning of responding to an unsatisfied demand that was generated since 2015 with the School Inclusion law. From that moment on, the supply of establishments decreased, especially subsidized private ones, because we went from a dynamic system to a static one, no new ones were created. establishments, basic to secondary schools were not expanded, for example. Today it is considered that all establishments respond to demand, which is why the Ministry of Education does not authorize the creation of others; places are provided in basic and secondary education. The problem is that these facilities, for the most part, have insufficient or medium-low performance; while those that are in better conditions have restrictions on growth. Regarding the changes introduced, the authority summarized them as follows: Leases to third parties are allowed using the rules of regulated leases to expand the possibility for establishments to grow in infrastructure. The criterion of unsatisfied demand (lack of vacancies) is eliminated because it had become a requirement for official recognition to access the subsidy. Good-performing establishments are allowed to manage lower-performing establishments. If this is maintained over time, the possibility of transferring the school to that supporter free of charge is created, allowing the merger of campuses. The tax exemption is extended that facilitates the self-purchase of the establishments land. After the presentation of the undersecretary, Senator Cristian Vial assured that what is proposed is correct and reaffirmed by the numbers. We all share that we have to have quality public education and the reforms have gone in that direction, but before the coverage was very low. I appreciate that emphasis is placed on competition. I accept the risk that some educational projects could be carried out, but the Mineduc will have to approve them to regulate the offer. Then Senator Rojo Edwards commented that the Inclusion law was made with the idea of affecting particular subsidies because the middle class overwhelmingly chose the best education that was there, that is why they prohibited the entry of new schools. We must remove the tremendous ideological blinders with which this law was made. Parents should have the right to choose the best education for their children and I agree that it was included. VOTING The Commission began voting on the changes, approving several introduced by the Lower House. Some of the matters correspond to the registration of lease contracts or bailments in the Real Estate Registrar, and the extension of these contracts in fortuitous cases. By majority, 3 votes in favor (Sanhueza, Edwards and Vial) and one against (Provoste), the elimination of the unsatisfied demand was supported, an issue that generated the greatest controversy in the session. In this regard, Senator Yasna Provoste acknowledged that I am concerned that unsatisfied demand will be eliminated, that is not a simple administrative flexibility. It is no longer a condition for a new establishment to request a subsidy. Now general requirements will be enough to do so. This changes the rules of the game for the holders of private subsidized campuses who will have to dispute the enrollment, which puts them at risk. PROJECT Eliminates restrictions that I gave todayenable the creation and expansion of educational projects. To this end, it allows the leasing of properties in which educational establishments operate, under strict regulation. Extends deadlines for the acquisition of real estate by property owners. It updates the transitional regulations associated with these matters, fully maintaining the standards of infrastructure and official recognition. It replaces a logic focused exclusively on the existence of vacancies with a view that allows us to better respond to the needs of each region and commune. The requirement of having unsatisfied demand is eliminated for private educational establishments to access the subsidy. Establishes the obligation of the Ministry of Education to publish and periodically update information on educational demand. It includes exceptional tools to ensure the continuity of the educational service in cases of emergency. It incorporates mechanisms to strengthen the quality of educational management. Supporters with medium or high performance are allowed to enter into administration agreements with other educational establishments, in such a way as to strengthen their management
