Dear Customer:
I attach the full text of the following resolutions exempt, both published in the Saturday Gazette March 19, 2011, signed by the Under-Secretary and Minister Education:
a) Resolution No. 6754, free, from December 31, 2010 , which provides the functions of National and Regional Head of Unit Subsidies and delegates authority to states of the latter.
b) Resolution No. 6755, free, from December 31, 2010, delegating powers to the heads pointing Regional Grants Unit
The importance of the documents that I refer is that these bodies compete knowledge of the matters relating to subsidies, as well as the control of educational institutions and training of administrative processes.
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Sincerely
; ; Nelson Lobos Zamorano
; ; Advocate
Concepción, March 2011
http://www.aslegal.blogspot.com
Twitter : @ aselex
Mail: aslegal@hotmail.com
A. Pinto 372, Of. 61
Fono (41) 2254326 Concepción
Official Journal Saturday March 19, 2011
Ministerio de Educación
(Resolutions)
assign roles directly to CHIEF NATIONAL AND REGIONAL HEADS OF UNIT OF THE MINISTRY OF EDUCATION GRANTS AND DELEGATES POWERS
free No. 6,754 .- Santiago December 31, 2010 .-
Views:
The provisions of DFL N ° 1 Fixed text consolidated, coordinated and systematized text of the Law No. 18,575, the Constitutional Organic Law on General Bases of the State Administration; DFL N º 29 2004, consolidated text setting, coordinated and systematized text of the Law No. 18,834, the Administrative Statute, Articles 1, 2 and 5 of Law No. 18,956, which restructured the Ministry of Public Education, Law No. 19,880 established bases of administrative procedures governing the actions of the State Administration; DFL N º 2, 1998 on State Grant Educational Establishments, Item 09, Chapter 01, Agenda 21, gloss 02, Law No. 20,481, Public Sector Budget for the year 2011 and Resolution No. 1,600, 2008, the Comptroller General of the Republic.
Considering
That is a function of the Ministry of Education to adopt measures and create conditions necessary for an effective compliance for the purposes of its own.
that in this framework, strengthening the inspection and supervision of subsidized educational establishments of the country and the payment of state subsidies and optimize human and material resources to carry out these functions, creating for this purpose the National Grants by Law No. 20,314 on Public Sector Budget for the year 2009 and continuing its existence in Law No. 20,407 on Public Sector Budget for the year 2010 and Law No. 20,481, of public sector budgets for 2011.
That pursuant to the provisions of Part 9, Chapter 1, Agenda 21, the 02 gloss Law No. 20,481 on Public Sector Budget for the year 2011, the Minister of Education, the Secretary of Education, the Regional Ministerial Secretaries of Education and Heads provincial education delegate, as appropriate, the heads of the national, regional and Provincial National Unity Grant technical faculties and administrative measures necessary for its proper functioning,
Resolved
Article 1: allocate to the National Unit Grants, the following management functions:
1. Direct Unit of the Ministry of Education Grants nationwide.
2. advise higher authorities of the Ministry of Education on matters within its competence.
3. propose to the higher authorities of the Ministry of Education initiatives which are necessary to define the policy on subsidies, especially in technical and operational.
4. propose the updating and modification of existing legislation, necessary for the effective and efficient system of subsidies.
5. Participate in meetings, committees, events and others, related to matters within its competence, representing the Ministry, when the authorities have warrants or office.
6. Interact with external institutions, where necessary, to develop the functions of the National Grants.
7. propose policies on subsidies to the authorities of the Ministry and the guidelines and instructions issued by this policy, implemented and enforced at all levels.
8. Direct the operation and development of payment system of national grants and monitor their performance on an ongoing basis so that the payment is made efficiently and in accordance with current legislation.
9. Directing operation and development of the national inspection and monitoring their performance on an ongoing basis so that this function is efficient, with common criteria and is conducted in accordance with current legislation.
10. monitor the operation and handling of administrative processes to be made to educational establishments for violations of DFL N º 2 of 1998 on State grants to schools and the DFL N º 2, the Ministry of Education, 2009 fixing recast coordinated and systematized text of the Law No. 20,370 with no rules repealed the DFL N º 1, 2005, and their respective regulations, as that would have been directed by breaches of DFL N º 1, 2005, consolidated text setting, coordinated and systematized text of the Law No. 18,962, Organic Constitutional Education.
11. Sections Instruct all Unit Grant and Grant Regional Units and provincial levels which developed the system of subsidies, to provide criteria and instructions that guide its operation.
12. Permanently monitoring the activities payment of grants, subsidies inspection and administrative processes that follow through management indicators in place to verify compliance with goals and objectives at national, regional and provincial levels.
13. Submit periodic reports to senior Ministry officials on the activities and results of the voucher system at all levels.
14. know, analyze and study the rules in order to maintain updated the different units that are part of the subsidy system at all levels.
15. Train officials of the subsidy system, National, Regional and Provincial.
16. maintain databases with statistical information necessary for decision-making and to meet the information needs to inside and outside the Ministry of Education.
17. Answer inquiries received by the Ministry of Education to be the scope of its competence in matters of subsidies.
18. Make field visits, the team of officials necessary to the regional, provincial or educational institutions, when the situation warrants.
19. Perform regular activities such as meetings, trainings, workshops and similar to coordinate grant activities at all levels where the system develops, in order to unify criteria in fulfilling the tasks, update knowledge and address matters that are of general interest to have an efficient, effective and common criteria.
20. Analyze background information and assessment on the activity and its results, which periodically delivers the information system in order to take appropriate action to improve management within the scope of the subsidy system.
21. Manage Official Recognition system, coordinated at the territory, and implement improvements to enable the Ministry of Education to manage and control the efficient and timely manner all activities linked to this process.
article 2: allocated to each Regional Chief Grants will exist one in each administrative region of the country, leadership, related to the area of \u200b\u200bGrant and the administrative and personnel necessary to perform their functions and implementing the budget assigned. Managerial functions of these headquarters will be:
a) General Features:
1. Direct Grants Unit at the regional level, coordinate the activities of the Provincial Heads of Inspection and Payment of Grants and Regional Managers Payment and Legal Section.
2. Report to the Regional Ministerial Secretary on matters within its competence.
3. participate on behalf of the Regional Secretariat of Education meetings, committees and other bodies, matters related to their field of competence.
4. Interacting with units of the Regional Ministerial or external, when necessary for the development of the functions of Grants.
b) Specific Functions:
1. receive, implement and monitor the proper implementation of the guidelines and instructions issued by the central level on the development of the subsidy system, study, analyze and implemented in accordance with the conditions of the region.
2. Lead the development and projection of the system of subsidies to regional level in the areas of payment, inspection and administrative processes carried out to schools through regular and ongoing delivery of guidelines and instructions to the provincial levels, according to the guidelines received .
3. permanently monitor and control the activities of payment of grants, subsidies inspection and administrative processes that follow the establishments in their jurisdiction through the performance indicators established to monitor compliance goals and objectives in regional and provincial levels.
4. Submit periodic reports to the national, regional and provincial activities of the subsidy system in the region.
5. know, analyze and study the rules to keep updated on the various units and Provincial Departments of Education of the Region as the Regional Ministerial Secretariat of Education, legislation governing the inspection and payment.
6. propose the necessary skills for officials of the subsidy system in the Region, in areas necessary to perform their functions effectively and efficiently.
7. maintain databases with statistical information necessary for decision-making on the role of inspection and payment of subsidy to meet the needs of information into and outside the Ministry of Education.
8. Answer inquiries received by the Regional Ministerial Secretary of Education or directly to the Regional Unit for Grants, which are the scope of its competence.
9. Make field visits to the provincial or the educational establishments together with the staff necessary when the situation warrants it or when required.
10. Perform regular activities for officials of the subsidy system in the region such as meetings, conferences and others to coordinate grant activities in the region, in order to unify criteria in fulfilling the tasks, updating knowledge and address matters that are general interest in order to have a regional and provincial efficient management.
11. Analyze background information and assessment on the activity of subsidies that periodically delivered or made available to the central level the Ministry of Education to take appropriate action to improve the regional management in the area of \u200b\u200bthe subsidy system.
12. Update data educational establishments and maintain records relating to contributions to the municipalities, benefits and performance facilities difficult, discounts for advance grants to districts, teachers in charge, among others.
Section 3: Delegates, each Regional Head of Grants, the power to appoint a Minister of Faith, under the terms of Article 57 of Decree Law N º 2, 1998 on State subsidies to schools.
Administrative acts concluded under the previous delegation shall be signed under the formula''By order of the Secretary of Education.''
Article 4: is understood that the above functions and powers are on the staff of the unit of the territories under the jurisdiction of the Regional Heads of Grant, comprising the Regional Unit for Grants and Inspection Unit and the respective payment.
Article 5: The powers referred to in this resolution involving expenditure, may be exercised only when there is available budget. Enter
and published .- Matías Lira Aviles, Assistant Secretary Education (S).
REGIONAL DELEGATES POWERS TO HEADS OF UNIT OF SUBSIDIES
No. - 6755 exempt .- Santiago, December 31, 2010 .-
Views: The provisions of DFL N ° 1 Fixed text consolidated, coordinated and systematized text of the Law No. 18,575, the Constitutional Organic Law on General Bases of the State Administration, Articles 1, 2 and 4 of Law No. 18,956, which restructured the Ministry of Public Education, Law No. 19,880 established bases of Administrative procedures governing the actions of the State Administration; DFL No. 2 of 2009 fixing consolidated text coordinated and systematized text of the Law No. 20,370 with the rules are not repealed the decree with force of Law No. 1 of 2005, the Item 09, Chapter 01, Agenda 21, gloss 02, Law No. 20,481, the Budget for the Public Sector 2011, and Resolution No. 1,600, 2008, the Comptroller General of the Republic,
Considering
1 .- What is the function of the Ministry of Education take action and create the conditions necessary to ensure effective implementation of the goals of its own.
2 .- That, in this context, strengthening the inspection and supervision of educational institutions subsidized in the country and the payment of state subsidies and optimize human and material resources to carry out these functions, creating for this purpose the National Grants by Law No. 20,314 of Budgets for 2009, continuing its existence in Law No. 20,407 Public Sector Budget for the year 2010 and Law No. 20,481, Public Sector Budget for the year 2011.
3 .- That on September 12, 2009, Law No. 20,370, establishing the General Education Act, contained in the current DFL N º 2, 2009, consolidated text setting, coordinated and systematized Law No. 20,370 with no rules repealed Decree with force of Law No. 1 of 2005, the Ministry of Education, provides in Article 50 that the Superintendent of Education will be the body responsible for overseeing the maintenance of the conditions that led to official recognition of the state and instruction processes administrative and educational establishments sanction in case of loss of any of the requirements to be officially recognized, in breach of the provisions of Articles 32 or 34 and in the standards listed in Article 16, or in the case of outcome poor educational repeatedly on national standards, according to what the law provides for such purposes.
4 .- turn, the second paragraph of the letter a) of Article 46 of the same body of law, indicates that all holders who receive state resources should be accountable over the use of public resources and are subject to control and audit of the same be made by the Superintendent of Education.
5 .- That the transitional Article 10 of Law No. 20,370 provides that, pending the rules go into effect that create the Superintendent of Education, the powers corresponding to it are exercised by the Ministry of Education.
6 .- That Article 4 of Law No. 18,956, which restructured the Ministry of Education, states that the Minister of Education is the Chief Executive of the Ministry and in this vein, he is called by law to exercise temporarily the powers that correspond to the Superintendent of Schools in his capacity as Chief Executive of Service.
7 .- That, in accordance with the provisions of Part 9, Chapter 1, Agenda 21, gloss 02, Law No. 20,481 Public Sector Budget for the year 2011, the ministerial authorities delegated, as appropriate in the heads of the national, regional and provincial National Grants Unit, technical and administrative powers necessary to its good performance, therefore, Resolved
:
Article 1: delegated to the Heads of Regional Units Grant the following powers: 1 .-
instruct, substantiate and resolve administrative processes first instance for violation of the laws and regulations to obtain and maintain official recognition and apply sanctions to educational institutions in accordance with Article 50 of Decree Law No. 2 of 2009 fixing the consolidated text, coordinated and systematized text of the Law No. 20. 370 with no rules repealed the decree with force of Law No. 1, 2005.
2 .- Have and run through the respective units inspection oversight of public accountability, as noted in the second paragraph of the letter a) of Article 46 of Decree Law No. 2 of 2009 fixing the consolidated text, coordinated and systematized Law No. 20,370 with no rules repealed the decree with force of Law No. 1 of 2005, which establishes the General Law of Education.
Article 2: The administrative procedures for violation of DFL N º 2, 2009, which sets text consolidated, coordinated and systematized text of the Law No. 20,370 with the rules are not repealed the decree with force of Law No. 1, they are pending on the date This administrative act, known and continue to be processed by the respective Regional Grants.
Section 3: The administrative actions taken under this delegation must be signed under the formula''By order of the Minister of Education.'' Enter
and published .- Joaquin Lavin Infante, Minister of Education.
Transcribed for information .- Matías Lira Aviles, Assistant Secretary of Education (S).
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