2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 9A - Department of Education (1999) › Subchapter VI - The Secretary of Education (§§ 145r — 145w) › § 145u - Administrative duties and obligations

In his/her duty as Administrative Director of the Puerto Rico Public Education System, the Secretary shall:
(a) Adopt the formula to determine the budget of the schools in the Public Education System. Said formula shall consider the level of the courses offered in the schools; their enrollment; the nature of their programs; the seniority of the faculty; the state of their facilities; and any other condition that may reflect upon the operating costs of the schools.
(b) Design and establish auditing systems to regularly verify the legality of the disbursements of the schools.
(c) Establish the personnel administration standards for the schools as part of the Personnel Regulations of the Department and supervise their compliance.
(d) Establish the purchasing and supplies standards for the schools as part of the Purchasing and Supplies Regulations of the Department.
(e) Establish school management programs to train the directing and administrative personnel of the schools in matters pertaining to budget preparation and management, personnel administration, fiscal audits and any other administrative area deemed essential for the proper administration of the Public Education System.
(f) Implement a process to handle complaints and appeals to solve the claims of the teaching and non-teaching personnel due to actions or omissions of school officials.
(g) Establish school discipline regulations in order to ensure the uninterrupted operations of the System. Said regulations shall establish behavioral standards for the teaching and administrative personnel of the Department, the students and the school visitors.
(h) Shall establish a strategic plan for crisis management in coordination with the Puerto Rico Police, the Municipal Police, the Puerto Rico Civil Defense, the Puerto Rico Fire Department, the Department of Health, and any other pertinent agency before violent incidents or situations may result in the same, within the school system’s population.
(i) Adopt an orderly transition procedure applicable to the position of School Director through which its occupant, before ceasing his/her functions or changing position due to promotion, change or any other administrative mechanism, shall be compelled to share the information on administrative and fiscal affairs acquired in the exercise of his/her functions with the incoming School Director or with any other Department official especially designated for it so that the latter may later orient the incoming School Director. This procedure shall require, among other things, the preparation of a written report and shall specify the minimum topics or issues that the same shall contain.
(j) Manage a personnel system based on the merit principle for the teaching and non-teaching personnel of the Department, not subject to the provisions of Act No. 5 of October 14, 1975, known as the “Puerto Rico Public Service Personnel Act”; appoint the personnel of the Department pursuant to §§ 143a—146f of this title and all other applicable laws and adopt regulations to cover the essential aspects of the merits principle subject to the provisions of §§ 2101 et seq. of this title, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
(k) Establish a special register for pre-school to third grade teachers, equal to the registers for special program teachers and teachers of other levels of the Public Education System pursuant to §§ 260 et seq. of Title 18, regarding teacher certification, and the regulations adopted pursuant to the latter.
(l) Appoint the personnel of the Department, except for those staff members appointed by the school directors according to § 145w of this title.
(m) Adopt purchasing and supplies regulations for the Department not subject to the pertinent provisions of §§ 931 et seq. of this title, known as the “General Services Administration Act”.
(n) Draft and manage the Budget of the Department, as well as the external funds appropriated to the latter.
(o) Establish, through regulations, an accounting and disbursements system for the Department in harmony with the regulations established for that purpose in conjunction with the Department of the Treasury.
(p) Approve projects and construction plans for school facilities and other facilities of the System and execute contracts with public or private entities for the construction projects or for improvements to those.
(q) Execute contracts for the construction and reconditioning of school facilities and other buildings of the Department.
(r) Authorize the temporary and free use of school facilities for educational, recreational, civic and cultural activities.
(s) May lease school facilities to private entities to be used outside of the regular school hours or during vacation time to hold activities or render services compatible with the educational activities and the public policy established in §§ 143a—143f of this title.
(t) Establish, through regulations, the financial conditions, guarantees and terms of the leases for school facilities.
(u) Enter into agreements and contracts with agencies or instrumentalities of the Government of Puerto Rico or its municipalities, as well as with agencies and instrumentalities of the federal government or the state and local governments of the United States or with private persons or entities, in order to implement §§ 143a—146f of this title and achieve its purposes.
(v) Contract school transportation services for terms not greater than three (3) years, its effectiveness subject to the availability of funds and to the terms of a public liability policy defrayed by the contractor.
(w) Accept donations in the nature of goods, services or cash from local, Commonwealth or federal government bodies as well as from private persons or institution, not subject to the provisions of §§ 1101 et seq. of this title, provided said donations are neither subject to conditions affecting the operations of the Public Education System. When said donations are conditioned they shall be subject to the provisions of §§ 1101 et seq. of this title.
(x) Take oaths and sworn statements pertaining to matters related with §§ 143a—146f of this title or the regulations adopted pursuant to the same.
(y) Submit an annual report to the Governor and to the Legislature on the achievements of the Department.
(z) Adopt and create rules concerning projects and proposals by municipalities, other government agencies, the private sector, and communities that guarantee the welfare, development and safety of the school community. For such purposes he/she can enter agreements, contracts and covenants to be voluntarily implemented in schools. Under no circumstances shall public money be used to sponsor private schools to the detriment of public schools.
History —July 15, 1999, No. 149, § 6.04; Sept. 27, 2002, No. 235, §§ 1, 2; Aug. 1, 2003, No. 176, § 1; June 30, 2008, No. 102, §§ 1, 2.