reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter V - The Public Education System (§§ 145d — 145q) › § 145f - Secretary—Responsibility for schools

As to the schools which constitute the Public Education System, the Secretary shall be directly responsible for:
(a) School facility planning.
(b) The opening and the temporary or permanent closedown of school facilities.
(c) The structuring of the System in grades and levels or by any other design.
(d) The fiscal planning for the System and the budget allotment for each school.
(e) The development of reliable scholastic aptitude tests that will allow an assessment of the performance of the Education System as a group and each school in particular.
(f) The fiscal auditing and the examination of school staff procedures.
(g) The evaluation of the performance of school directors.
(h) The evaluation, auditing or scrutiny of any other activity that the schools may develop within the scope of autonomy [that] §§ 143a—146f of this title recognize.
History —July 15, 1999, No. 149, § 5.03.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter V - The Public Education System (§§ 145d — 145q) › § 145g - Secretary—Delegation of functions

The Secretary may delegate the functions listed in § 145f of this title to the Under Secretary of Academic Affairs and the Under Secretary of Administrative Affairs of the Department. These, however, may not be delegated to or carried out by education facilitator regional or district offices, or officials or employees in charge of these tasks.
History —July 15, 1999, No. 149, § 5.04.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter V - The Public Education System (§§ 145d — 145q) › § 145h - System organization in grades and levels

The Public Education System shall be organized under the principle that education is a continuing process which §§ 143a—146f of this title divide, for administrative purposes, into the levels of preschool, elementary education, secondary education, and postsecondary education.
The Secretary shall provide, through regulations, for matters concerning the grades corresponding to each level, and see that the grade and level design does not hinder the System from assaying other forms of school organization that better conform to the continuing nature of the education process.
History —July 15, 1999, No. 149, § 5.05.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter V - The Public Education System (§§ 145d — 145q) › § 145i - Language for teaching

The teaching process shall be conducted in Spanish and/or English in the System’s schools.
History —July 15, 1999, No. 149, § 5.06.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter V - The Public Education System (§§ 145d — 145q) › § 145j - Interconnection between the schools and the work settings

(a) The Secretary shall establish the proper interconnection between the learning experience in school and the work place in order to provide Puerto Rico with human resources capable to perform the tasks required by the productive processes within a global economy. For this purpose, it shall adopt the six (6) key elements of “The Route to the 21st Century Learning for Tomorrow’s Professional” and shall foster a school culture geared toward information and communication technologies. The elements to be incorporated in “The Route to the 21st Century Learning for Tomorrow’s Professional” are:
(1) Core subjects.— The core subjects shall be those determined by the Department of Education of Puerto Rico and those deemed as such by law or regulations.
(2) Learning skills.— Each student shall be entitled to receive an education that provides him/her with the cognitive skills aimed at progress, hereby defined as the combination of information, communication, problem solving, and interpersonal relations.
(3) Content of tomorrow’s professional.— The student shall receive this additional technological knowledge, which is essential for his/her effective development within a personal, community, and work environment.
(4) Context of tomorrow’s professional.— The teacher will educate the students through the use of experiences inside and outside the school with actual real world examples and by practicing what was taught. Thus, the academic content for the students is built in order for them to know the connection between their studies and the world they live in.
(5) Skills of tomorrow’s professional.— The educational plan shall be the full integration of the core subjects, the learning skills and tools, and the content of tomorrow’s professional.
(6) Knowledge tools for tomorrow’s professional.— The student shall know, learn, and master information and communication technologies, such as computers, networking, and other digital and non-digital technologies, such as audio, videos, and other media tools.
(b) In order to gear school culture toward information and communication technologies, when a student reaches the eighth (8th) grade he/she must be capable of using the tools that will make him/her a better professional in order to:
(1) Manage, evaluate, and create information in a variety of documents, media, and programs.
(2) Understand, manage, and create effective communication in a variety of forms and contexts.
(3) Exercise analytical reasoning and make complex decisions.
(4) Elaborate, analyze, and solve complex problems.
(5) Develop and communicate new ideas and respect the difference of opinions.
(6) Demonstrate the ability to work with others and be a team leader.
(7) Be responsible for his/her own learning with parents and teachers.
(8) Exercise individual responsibility and adaptation in personal, educational and community contexts.
History —July 15, 1999, No. 149, § 5.07; Aug. 16, 2009, No. 76, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter V - The Public Education System (§§ 145d — 145q) › § 145k - Educational Research and Innovations Center

The Secretary shall establish an Educational Research and Innovations Center to pursue the following goals:
(a) Research and collect information on the problems facing the field of education in Puerto Rico.
(b) Conduct experiments with new ways in which to organize the teaching and exercise the learning processes.
(c) Draft and [try out] new curriculums for the courses offered.
(d) Design programs to take advantage of the talent, capability and experience of the teachers and students in activities that complement those that are developed in the classroom.
(e) Gather pedagogical research materials and innovations produced in and outside of Puerto Rico.
(f) Evaluate research projects proposed by the teachers of the Public Education System and defray the corresponding cost of those approved by the Secretary.
(g) Establish a network of collaborative schools to participate in the research and experimental projects of the Center.
(h) Promote the creation of consortiums with universities to conduct research projects.
(i) Submit annual reports to the Governor of Puerto Rico and the Legislature on the achievements and operations of the Center.
History —July 15, 1999, No. 149, § 5.08.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter V - The Public Education System (§§ 145d — 145q) › § 145l - Educational Research and Innovations Center—Board of Directors

The Center shall be directed by a Director appointed by the Secretary and be attached to the Office of the latter.
History —July 15, 1999, No. 149, § 5.09.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter V - The Public Education System (§§ 145d — 145q) › § 145m - Educational Research and Innovations Center—Regulations

The Secretary shall provide for all matters pertaining to the organization and operation of the Center through regulations.
History —July 15, 1999, No. 149, § 5.10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter V - The Public Education System (§§ 145d — 145q) › § 145n - The academic year

The academic year shall consist of two (2) semesters divided by the Christmas holidays. The Secretary shall draft the work plan for the school year. Said plan shall set aside two (2) successive days per semester for holding meetings with the parents of the students and professional activities for the teachers.
History —July 15, 1999, No. 149, § 5.11.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter V - The Public Education System (§§ 145d — 145q) › § 145o - System cohesiveness

The Secretary shall draft the standards to be applied to all schools so as to provide cohesiveness to the educational endeavor of the Public Education System. Said standards shall refer to matters such as:
(a) Study plans for the various grades and levels.
(b) Tests to measure the progress of the students.
(c) Specific performance goals for the various grades and levels of the System.
(d) Salary schedules for the teaching and the support personnel.
(e) Criteria, guidelines and procedures to evaluate the performance of the teachers, the school directors, the facilitators and all other employees of the System.
(f) Means of evaluating the operations of the schools.
History —July 15, 1999, No. 149, § 5.12.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter V - The Public Education System (§§ 145d — 145q) › § 145p - Responsibilities of the officials and employees of the Department

The officials and employees of the Department shall answer to the Secretary for their negligent or culpable actions as well as for the negligent or culpable actions of those under their supervision. Non-compliance with supervisory responsibilities shall be sufficient grounds to impose sanctions pursuant to the provisions of §§ 274 et seq. of Title 18, and other applicable laws and regulations.
History —July 15, 1999, No. 149, § 5.13.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter V - The Public Education System (§§ 145d — 145q) › § 145q - Personnel system of the Department

The Department shall have confidential and career employees. The confidential employees shall be those who are substantially involved with the establishment and implementation of the public policy of the Department or who advise or render services directly to the Secretary. All other employees shall be career employees. Personnel recruitment shall be governed by the regulations established for that purpose.
The Department and the schools shall administer their own personnel systems without being subject to Act No. 5 of October 14, 1975, known as the “Puerto Rico Public Service Personnel Act”. Furthermore, the Department shall adopt regulations regarding those areas that essentially concern the merit principle and other areas involving the administration of personnel contained in the laws relative to public service matters. The Secretary shall allow the participation of the teaching and non-teaching personnel in the process of outlining their personnel systems.
The determinations on those matters pertinent to the personnel under the merit principle shall be subject to review by the Board of Appeals of the Educational System, created by virtue of §§ 274 et seq. of Title 18.
The following items are essential to the merit principle:
(a) Job classification.
(b) Personnel recruitment and selection.
(c) Promotions, transfers and demotions.
(d) Training programs.
(e) Employee retention.
The teaching personnel of the System shall be appointed pursuant to the provisions of subsection (b) of § 143f of this title.
History —July 15, 1999, No. 149, § 5.14.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VI - The Secretary of Education (§§ 145r — 145w) › § 145r - Appointment

The Secretary shall be appointed by the Governor of Puerto Rico with the advice and consent of the Senate. The Secretary shall be a citizen of the United States.
History —July 15, 1999, No. 149, § 6.01.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VI - The Secretary of Education (§§ 145r — 145w) › § 145s - Duties

The Secretary shall be responsible for:
(a) Implementing the public policy adopted by the Legislature and the Governor so as to fulfill the purpose set forth by the Constitution of Puerto Rico and §§ 143a—146f of this title for the Public Education System.
(b) Organizing, planning, directing, supervising and evaluating the academic and administrative activities of the Department.
(c) Ensuring that the community schools, operating autonomously, are interconnected to a coherent educational system, guided by a common purpose.
(d) Representing the Department in official government activities and before the community.
History —July 15, 1999, No. 149, § 6.02.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VI - The Secretary of Education (§§ 145r — 145w) › § 145v - Delegation of duties to subordinate officials

The Secretary may delegate the powers conferred [on] him/her by §§ 143a—146f of this title to subordinate officials, except those that concern the cancellation of school charters and the approval, revision and repeal of the standards and regulations that govern the Public Education System.
History —July 15, 1999, No. 149, § 6.05.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VI - The Secretary of Education (§§ 145r — 145w) › § 145w - Delegation of duties to school directors

In the charter issued for each school, the Secretary shall establish the terms and conditions under which the school directors shall exercise the duties and powers granted to them by §§ 143a—146f of this title to allow them to make purchases, manage the budgets and appoint the teaching personnel in the respective schools. The Secretary may revoke said duties and powers, wholly or in part, for reasons that suggest that this be done.
History —July 15, 1999, No. 149, § 6.06.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VII - School Facilitators (§§ 145x — 145dd) › § 145x - Duties of the facilitator

Facilitators shall render support services to the teaching process and provide advice on administrative matters when schools so require through their directors or as needed for the school’s operations.
History —July 15, 1999, No. 149, § 7.01; Nov. 21, 2011, No. 224, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VII - School Facilitators (§§ 145x — 145dd) › § 145y - Assignment of tasks

The tasks assigned to the facilitators shall be grouped under two categories:
(a) Administrative and managerial facilitation, and
(b) Academic or teaching oriented facilitation.
History —July 15, 1999, No. 149, § 7.02.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VII - School Facilitators (§§ 145x — 145dd) › § 145z - Administrative and managerial facilitation

The administrative and managerial facilitation duties shall consist of:
(a) Organizing and offering training programs for the directive and administrative personnel of the schools in those areas involving budget preparation and administration; personnel administration; procurement procedures and fiscal audits.
(b) Coordinating transportation and school cafeteria services.
(c) Analyzing specific administrative problems of the schools and offering recommendations to deal with these.
(d) Providing advice on the application of discipline standards at the schools and the procedures to be followed regarding these.
(e) Coordinating recreational, cultural, academic and sports activities among the schools.
(f) Taking steps to obtain specialized professional services for disabled children.
(g) Maintaining the teacher registers established pursuant to §§ 260 et seq. of Title 18, relative to the certification of the teachers and [advise] the school directors as to their use.
(h) Advising the directors on the security services and systems available for the schools.
(i) Performing any other administrative functions required by the Secretary.
The administrative and managerial facilitation duties shall be conducted throughout the educational regions that answer directly to the Undersecretary for Departmental Administrative Affairs. The Secretary shall provide for the organization and operation of the educational regions through regulations.
History —July 15, 1999, No. 149, § 7.03.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VII - School Facilitators (§§ 145x — 145dd) › § 145aa - Academic and teaching oriented facilitation

The academic and teaching oriented facilitation duties shall consist of:
(a) Advising the directors and teachers on the design of programs adjusted to student needs and experiences.
(b) Advising the teachers on teaching methods and on the preparation and use of teaching materials and tools.
(c) Providing orientation on the preparation of individualized teaching plans.
(d) Providing professional improvement programs for the teaching and the teaching support personnel of the schools.
(e) Advising the directors and the school councils on the ways and means of evaluating teacher performance.
(f) Collaborating with the school directors in the preparation of programs for underachievers or potential dropouts.
(g) Advising the teachers on procedures to evaluate student performance.
(h) Advising the directors and the teachers on the design of special courses for students of high academic standing or with special abilities.
(i) Directing the professional development centers established by the Secretary.
The academic and teaching oriented facilitation duties shall be conducted in the school districts under the direction of the superintendents who shall answer directly to the Undersecretary for Academic Affairs of the Department. The Secretary shall provide for the organization and operation of the districts through regulations.
History —July 15, 1999, No. 149, § 7.04.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VII - School Facilitators (§§ 145x — 145dd) › § 145bb - Regions and districts—Other functions

The regional and district school offices may conduct, apart from the facilitation duties provided in §§ 143a—146f of this title, other functions required by the Secretary in order to expedite and decentralize the operations of the Department. The tasks assigned to that effect by the Secretary shall remain separate from the facilitation duties and may not have any bearing on, affect or hinder the autonomy of the schools.
History —July 15, 1999, No. 149, § 7.05.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VII - School Facilitators (§§ 145x — 145dd) › § 145cc - Revision of the duties of the facilitators

The Secretary may, from time to time, revise the duties of the facilitator so as to adjust the same to the changing needs of the Public Education System. The revisions conducted for that purpose shall maintain the facilitative functions within the limits established in § 145x of this title.
History —July 15, 1999, No. 149, § 7.06.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VII - School Facilitators (§§ 145x — 145dd) › § 145dd - The Administrative Training and Counseling to Schools Institute

The duties and employees of the Institute for Educational Reform shall become part of an Administrative Training and Counseling to Schools Institute to be attached to the Office of the Secretary. The Secretary shall determine, through regulations, the functions of said Institute.
History —July 15, 1999, No. 149, § 7.07.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VIII - The School Psychologists (§§ 146 — 146c) › § 146 - Functions of the psychologist

The school psychologists shall provide direct support and services to both the teaching staff as well as directly to the students. They shall evaluate the academic area (progress and knowledge), and the intellectual and emotional areas. In addition, they shall draft a student profile, of both their limitations as well as their strengths for the purpose of helping the teacher to use strategies that will help the student in the learning process. Shall [sic] counsel teachers in the search of options and shall enable the needed adjustments in benefit of the students.
He/she shall identify the students possible problems, intercede and, if necessary, refer the case to other health professionals.
History —July 15, 1999, No. 149, added as § 8.01 on Aug. 12, 2000, No. 170, § 2, eff. July 1, 2001.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VIII - The School Psychologists (§§ 146 — 146c) › § 146a - Functions of the school psychologist

The school psychologist shall:
(a) Develop primary and secondary prevention strategies within the school context.
(b) Identify learning and developmental problems in students.
(c) Participate in interdisciplinary teamwork for the development, implementation and evaluation of programs in the school system.
(d) Administer and interpret psychological and psycho-educational tests, questionnaires and inventories.
(e) Counsel teachers, parents and administrators in the analysis, intervening and implementing of strategies for the solution of school problems and conflicts.
History —July 15, 1999, No. 149, added as § 8.02 on Aug. 12, 2000, No. 170, § 2, eff. July 1, 2001.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VIII - The School Psychologists (§§ 146 — 146c) › § 146b - Proportion

Once this act takes effect, positions shall be created to place a minimum of five (5) School Psychologists in each Educational Region of the Department of Education. Each psychologist shall visit two schools each week.
Three (3) years after this act takes effect, the necessary positions to be able to place, at least five (5) School Psychologists in each School District shall have been created. Ten (10) years after this act takes effect there should be a School Psychologist assigned to each school with five hundred (500) students or less. If the school has over five hundred (500) students, an additional School Psychologist should be appointed.
History —July 15, 1999, No. 149, added as § 8.03 on Aug. 12, 2000, No. 170, § 2, eff. July 1, 2001.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter IX - Final Provisions (§§ 146d — 146f) › § 146d - Protection of rights and contracts

No provision of §§ 143a—146f of this title shall affect the economic rights of the officials and employees who by the date of approval of the same had been working at the Department or the Institute for Educational Reform.
History —July 15, 1999, No. 149, § 9.01, renumbered as § 10.01 on Aug. 12, 2000, No. 170, § 4, eff. July 1, 2001.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter IX - Final Provisions (§§ 146d — 146f) › § 146e - Community schools exempted from the application of various laws

The community schools shall be exempt from the application of the provisions of the following laws:
(a) Sections 283 et seq. of this title, known as the “Government of Puerto Rico Accounting Act.”
(b) Act No. 5 of October 14, 1975, known as the “Puerto Rico Public Service Personnel Act.”
(c) Sections 931 et seq. of this title, known as the “General Services Administration Act.”
(d) Subsection (b)(2) of § 163 of Title 23, known as the “Office of Management and Budget Organic Act,” relative to the administration, execution and control of the budget.
(e) Section 551 of this title, which regulates the special compensations received by public officials or employees.
(f) Sections 1101 et seq. of this title, which regulates the private donations received by public institutions.
History —July 15, 1999, No. 149, § 9.05, renumbered as § 10.05 on Aug. 12, 2000, No. 170, § 4, eff. July 1, 2001.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter X - General Education Council (§§ 148 — 148m) › § 148 - Definitions

The terms listed hereinbelow shall have the meaning set forth in this section. Those not defined shall have the meaning construed by educators:
(1) Accreditation.— The official recognition granted to a school by the General Education Council after an evaluation process in the course of which it is proven that it operates at satisfactory levels of excellence and quality in the academic aspect as well as in the administrative one.
(2) Council.— The General Education Council.
(3) Previous Council.— The General Education Council created by Act No. 68 of August 28, 1990, as amended, known as the “Organic Act of the Department of Education of the Commonwealth.”
(4) School.— Refers to the facilities and the site of an educational building as well as to the institution in whose name study courses or programs are offered.
(5) Authorization or operating license.— Permit issued by the Council to establish and operate municipal and private schools in Puerto Rico pursuant to the terms and conditions stated therein.
(6) Renewal license.— Permit issued by the Council to continue operating municipal and private schools which have proven their capacity and operational feasibility.
History —July 15, 1999, No. 148, § 3; July 20, 2009, No. 40, § 2.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter X - General Education Council (§§ 148 — 148m) › § 148a - Restructuring

The Council is hereby restructured to be composed of a Chairperson and six (6) additional members appointed by the Governor with the advice and consent of the Senate.
The members of the Council shall be citizens of the United States with residence in Puerto Rico and over twenty-one (21) years of age. They shall hold office for the term of their appointment or until their successors take office. The members shall be covered by former §§ 1801 et seq. of this title, known as the “Commonwealth of Puerto Rico Ethics in Government Act”. The members of the Council shall only be dismissed by the Governor upon a determination of just cause and the filing of charges.
No person who is holding an elective public office or who is a member of a central, regional, precinct, municipal directing body, or that holds the representation of an entity, association, federation or union related to education shall be a member of the Council.
The members of the Preceding Council shall be a part of the new Council and shall remain in office until the expiration of their corresponding terms. Their successors shall be appointed for a term of five (5) years.
Vacancies in the Council shall be filled for the remainder of the terms of the members that caused them.
History —July 15, 1999, No. 148, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter X - General Education Council (§§ 148 — 148m) › § 148b - Functioning

The Chairperson shall summon the Council to an inaugural session to elect its officials and decide on its bylaws.
The Council shall meet in regular sessions once a month and may hold special meetings upon convocation by the Chairperson or by petition of four (4) of its members. The agreements and resolutions of the Council shall be made by an absolute majority of the members with right to vote.
The members of the Council, excluding the Chairperson, shall receive per diems for every meeting day, corresponding to the per diem for each session of the members of the Legislature of Puerto Rico. Provided, however, That no member shall be paid more than four (4) per diems in the same month.
History —July 15, 1999, No. 148, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter X - General Education Council (§§ 148 — 148m) › § 148c-1 - Promotion of courses on the cooperative movement

It is hereby provided that the General Education Council shall promote courses in the private schools of Puerto Rico on the cooperative movement through booklets, communications, and educational lectures for the teaching and administrative personnel. Provided however, it shall be the voluntary decision of each private school to offer the courses promoted in §§ 148—148m of this title. For the preparation of the booklets, communications, and educational lectures, the Council shall request the assistance of the Cooperative Development Administration and of the Puerto Rico Cooperatives League.
History —July 15, 1999, No. 148, added as § 7-A on Aug. 13, 2008, No. 254, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter X - General Education Council (§§ 148 — 148m) › § 148e - Coordination of agreements with accrediting agencies

In the performance of its duties to license and accredit schools, the Council may enter into agreements with accrediting entities of the United States and Puerto Rico in order to:
(1) Recognize, as equivalent to the evaluation corresponding to its accrediting processes or the renewal of licenses, the accreditation granted by them to schools located in Puerto Rico.
(2) Validate the findings and determinations of these entities when making its own evaluations.
(3) Conduct visits or perform the evaluation process together with said entities.
History —July 15, 1999, No. 148, § 9.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter X - General Education Council (§§ 148 — 148m) › § 148f - Licensing and Accreditation Office

The Council shall establish a Licensing and Accreditation Office and shall keep it operating with personnel qualified to carry out the technical functions regarding the evaluation of schools that apply for a license to operate in Puerto Rico, renewal of licenses or that should be accredited pursuant to the provisions of this §§ 148—148m of this title.
History —July 15, 1999, No. 148, § 10.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter X - General Education Council (§§ 148 — 148m) › § 148g - Evaluating Committees

The Council, with the collaboration of the evaluating committees, shall evaluate the schools that apply for licenses to operate in Puerto Rico or that need to be accredited pursuant to §§ 148—148m of this title.
The Evaluating Committees shall be composed of technicians from the Licensing and Accreditation Office and by teachers of duly accredited public, municipal or private schools located in Puerto Rico, and who are not officials or employees of the institutions to be evaluated. The Committees may also have professors at the university level among its members. The nature and complexity of the schools to be evaluated shall determine the composition of the Evaluating Committees.
History —July 15, 1999, No. 148, § 11; July 20, 2009, No. 40, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter X - General Education Council (§§ 148 — 148m) › § 148h - Reports of the evaluating committees

The evaluating committees shall render written reports on their findings within thirty (30) days following the date they have concluded their evaluations. The reports shall be filed at the Office of the Council, which shall remit copies thereof to the institutions concerned. The latter may submit reaction reports on the findings of the evaluation committees within a term not greater than thirty (30) days. Once said term has concluded, the evaluation committees shall submit their final reports to the Council within the following twenty (20) days, for the action it deems pertinent.
The evaluation measures taken by the evaluating committees may consist of visits to the schools concerned, visits in which the officials thereof are summoned, the examination of documents without hearings or visits, or a combination of any of these three procedures.
The thirty (30) days the evaluating committees shall have to render their report with findings shall be counted from the date on which it is certified that the institution under evaluation has filed all the documents required by the Council and established in §§ 148—148m of this title.
History —July 15, 1999, No. 148, § 12.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter X - General Education Council (§§ 148 — 148m) › § 148i - Requirement of license

No natural or juridical person may operate a school at the preschool, elementary, secondary, vocational, technical and highly skilled, and post secondary of non-university nature levels, nor shall promise, advertise, offer or state the intention to issue certificates, diplomas or recognition of approval of study programs of said levels, without a license issued by the Council.
The licenses to authorize the operation of schools, as well as the renewal of licenses, shall be issued to private institutions that apply for them and meet the conditions required by §§ 148—148m of this title and the regulations adopted pursuant to the same.
The decision regarding the issuing of a license shall not be extended for more than ninety (90) working days counting from the date on which the person or entity concerned has submitted all the documents required to evaluate its application. After this term has elapsed, the license shall be deemed as approved if the Council has not made a decision.
The Council may suspend, cancel and modify the terms of a license when the holder has violated the act or has failed to comply with the conditions under which it was issued.
The licenses shall have an effective period of four (4) years and may be renewed upon the corresponding evaluation process.
The fee for issuing or renewing a license shall be two hundred and fifty dollars ($250). The same fee shall be applied for amendments requested to the licenses issued. The payments for licenses shall be made through the purchase of internal revenue stamps. It is herein reaffirmed that in compliance with the purposes of §§ 148—148m of this title and the principle of institutional autonomy that it guarantees, all matters concerning private education shall continue to be regulated in accordance to the provisions of §§ 2111—2125 of Title 18.
History —July 15, 1999, No. 148, § 13; Apr. 15, 2000, No. 69, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter X - General Education Council (§§ 148 — 148m) › § 148j - Accreditation of schools

Prior [to] the beginning of each school year, the Council shall prepare the program corresponding to the evaluation of the public schools to be accredited. The program shall be remitted to the Secretary of Education for his comments and shall be final when the Council ratifies it with the amendments it deems pertinent.
History —July 15, 1999, No. 148, § 14.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter X - General Education Council (§§ 148 — 148m) › § 148k - Penalties

Every natural or juridical person that operates an educational institution of preschool, elementary, secondary, vocational, technical and highly skilled, and post-secondary of non-university nature, levels in Puerto Rico, or that promises, advertises, offers or states the intention to issue certificates, diplomas or recognitions of approval of study programs of said levels, without holding a license issued by the Council, shall incur an administrative fault and shall be subject to the payment of a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000). Subsequent infractions shall entail a minimum fine of five thousand dollars ($5,000) and a maximum fine of ten thousand dollars ($10,000). The institutions or schools that offer study programs not authorized by the Council shall incur the same penalty upon issue of a license.
History —July 15, 1999, No. 148, § 15.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter X - General Education Council (§§ 148 — 148m) › § 148k-1 - Special fund

The moneys collected for administrative fines imposed under §§ 148—148m of this title or the regulations thereunder, as well as the fees for the processing of license applications, accreditations, modifications and substantial changes, and from the issuing of certifications and document reproductions, shall be covered into a Special Fund under the responsibility of the General Education Council, without being subject to the public policy established in §§ 283-283p of this title, known as the “Puerto Rico Government Accounting Act”. In addition to the annual budgetary appropriations that said entity shall continue to receive, the moneys covered into the Fund may be used to defray part of the operational, fiscal and administrative expenses of the Council. At the closing of each fiscal year, the Council shall render a comprehensive and detailed report of the use given to the income collected for the imposition of the fines to the Legislature of Puerto Rico.
History —July 15, 1999, No. 148, added as § 15-A on May 9, 2008, No. 58, § 1, eff. July 1, 2008.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter X - General Education Council (§§ 148 — 148m) › § 148l - Evaluation of schools

The evaluation standards that the Council establishes for its licensing and accreditation processes shall have as their purpose:
(1) To verify the economic feasibility of the schools, as well as its capacity to continue operations;
(2) to assure that the school facilities are satisfactory and do not represent a hazard to the health and safety of the students;
(3) to ensure that the schools can honor the commitments made with its students;
(4) to require attesting evidence to private schools at the preschool, elementary, high school, vocational, technical and high skills level that they have set forth and implemented definite, concrete and enforceable policies and protocols against harassment and bullying among students;
(5) the teaching personnel of private educational institutions shall continue to be recruited by said institutions in accordance to the criteria that the same adopt in order to implement and divulge their particular educational philosophy and mission, pursuant to the provisions of §§ 2111—2125 of Title 18.
The Council shall not add other areas of evaluation to those listed specifically in this section.
The Council shall deem as not filed, any application for a license or accreditation submitted by persons or entities that do not offer the information required to evaluate the same.
History —July 15, 1999, No. 148, § 16; Apr. 15, 2000, No. 69, § 4; Apr. 10, 2008, No. 37, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter X - General Education Council (§§ 148 — 148m) › § 148m - Reconsideration procedure

Any person may request the Council to reconsider a decision which is adverse to his/her interests pursuant to the procedure set forth in §§ 2101 et seq. of this title, known as the “Commonwealth of Puerto Rico Uniform Administrative Procedure Act”.
History —July 15, 1999, No. 148, § 17.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter XI - Sexual Harassment in Learning Institutions (§§ 149 — 149k) › § 149 - Prohibition of sexual harassment in learning institutions

Sexual harassment of students in the learning institutions of Puerto Rico is hereby prohibited.
History —Jan. 4, 1998, No. 3, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter XI - Sexual Harassment in Learning Institutions (§§ 149 — 149k) › § 149a - Public policy

It is the public policy of the Commonwealth of Puerto Rico to ensure that the students have the right to pursue their studies free from the pressure of sexual harassment in the learning institutions of Puerto Rico. Provided, That the regulatory bodies shall have the responsibility to oversee to the adoption of the public policy on sexual harassment in learning institutions and that the same is available, in a visible form, in said institutions.
History —Jan. 4, 1998, No. 3, § 2; Jan. 24, 2006, No. 38, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter XI - Sexual Harassment in Learning Institutions (§§ 149 — 149k) › § 149b - Definitions

For the purposes of §§ 149—149k of this title, the following terms shall have the meaning stated hereinbelow, except when otherwise clearly indicated in the context:
(a) Student.— Means any person who pursues studies at a learning institution.
(b) Learning institution.— Means any elementary school, junior or senior high school, university, institute, vocational or technical school, be they private or public, recognized or not by the regulatory bodies, which offer study programs or skills for children, youths or adults in Puerto Rico.
(c) Teaching personnel.— Means school directors and superintendents, supervisors, agents, teachers and teaching personnel working in and directly related to the non-profit or profitable teaching institution.
(d) Non-teaching personnel.— Means maintenance, office, school lunchroom, administrative employees and others who, even though they do not perform work directly related to the learning institution, offer support services for the operation of the school or educational institution.
(e) Regulatory bodies.— Mean the Department of Education, the Council on Higher Education and the General Council on Education; public or private school bodies or boards which regulate the learning institutions.
(f) Secretary.— Means the Secretary of Education.
(g) Government.— Means the Commonwealth of Puerto Rico.
(h) Person.— Means a natural or juridical person.
History —Jan. 4, 1998, No. 3, § 3.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter XI - Sexual Harassment in Learning Institutions (§§ 149 — 149k) › § 149c - Conduct consisting of sexual harrassment

Sexual harassment in the learning institutions consists of any type of unwanted behavior or explicit or implicit sexual approach manifested towards any student of the institution incurred by a school director or superintendent, supervisor, agent, student or person not employed by the institution, teacher or teaching or non-teaching employee of the institution.
Unwanted sexual harassment shall be deemed to consist of demanding sexual favors and indulging in any other explicit or implicit, verbal or physical behavior of a sexual nature towards a student when one or more of the following circumstances exist:
(a) When the effect or purpose of such unwanted behavior or approach is to intimidate or threaten the student or unreasonably interfere in the pursuit of his/her studies or when it creates an intimidating, hostile or offensive study environment.
(b) When submitting to or rejecting said undesired unwanted behavior or approach becomes the basis for a person to make any decision regarding any aspect of his/her studies.
(c) When submitting to said undesired behavior or approach implicitly or explicitly becomes a condition for remaining at the learning institution.
History —Jan. 4, 1998, No. 3, § 4.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter XI - Sexual Harassment in Learning Institutions (§§ 149 — 149k) › § 149d - Totality of circumstances

In order to determine whether the alleged undesired behavior or approach constitutes sexual harassment, the [totality] of the circumstances surrounding the facts of the case shall be taken into consideration.
History —Jan. 4, 1998, No. 3, § 5.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter XI - Sexual Harassment in Learning Institutions (§§ 149 — 149k) › § 149e - Responsibility of learning institution in cases of sexual harassment

The learning institution shall be liable for the actions of their teaching and non-teaching personnel that incur sexual harassment of their students, regardless of whether the specific acts subject to controversy were prohibited or not by the learning institution or regardless of whether the institution and its teaching and non-teaching personnel was or should have been aware of the prohibition against said behavior.
History —Jan. 4, 1998, No. 3, § 6.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter XI - Sexual Harassment in Learning Institutions (§§ 149 — 149k) › § 149f - Responsibility of harassment among students

The learning institution shall be liable for the acts of sexual harassment among students, at the place of studies, if the institution and/or its teaching or non-teaching personnel were aware or should have been aware of said behavior, unless the institution proves that it took immediate and proper action to correct the situation.
History —Jan. 4, 1998, No. 3, § 7.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter XI - Sexual Harassment in Learning Institutions (§§ 149 — 149k) › § 149f-1 - Liability of teaching institutions for actions taken against students

The teaching institution shall be liable under the provisions of §§ 149—149k of this title when it performs any act that as a result directly affects the educational opportunities, terms and conditions of any person or student who has been opposed to the practices of the teaching institution that are contrary to the provisions of this §§ 149—149k of this title, or that has filed a complaint or suit, has given testimony, collaborated or has participated in any way in an investigation, procedure, or hearing that is filed under §§ 149—149k of this title.
History —Jan. 4, 1998, No. 3, added as § 8 on Aug. 18, 1999, No. 274, § 1.
2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter XI - Sexual Harassment in Learning Institutions (§§ 149 — 149k) › § 149g - Responsibility of place of studies by persons not employed

The learning institution shall be liable for the acts of sexual harassment perpetrated at the place of studies by persons not employed by it, if the institution and/or its teaching or non-teaching personnel were aware or should have been aware of said behavior, and failed to take immediate and appropriate action to correct the situation. For the purposes of this section the amount of control which the institution may have regarding the behavior of persons not employed by it shall be taken into, consideration.
History —Jan. 4, 1998, No. 3, § 8, renumbered as § 9 on Aug. 18, 1999, No. 274, § 2.