What is early childhood education?
It is the educational level that comprehensively attends to boys and girls from their birth to their entry into basic education. Its objective is to promote relevant and meaningful learning in toddlers, supporting the family in its educational role.
How are Early Childhood Education establishments defined in the legislation?
Pre-school education establishments are those that, with authorization to operate or with official recognition, as appropriate, provide boys and girls with comprehensive care between birth and the age of entry to basic education, favoring in a systematic, timely and pertinent manner their integral development, learning, knowledge, skills and attitudes.For example;baulkham hills early learning centre
What requirements must a kindergarten establishment have to function?
It is established as an operating requirement that it has an authorization from the Ministry of Education, an innovation that was incorporated in 2015. For this, a procedure will be established that will begin to govern six months after the Undersecretariat of Early Childhood Education, the Superintendency of Education and the Intendancy of Early Childhood Education.
There will be two regimes for establishments, those that only have authorization and those that also have official recognition.
What establishments can receive contributions from the State?
In order to receive regular contributions from the State, nurseries and nurseries must have official recognition, a requirement higher than authorization, since it allows them to certify educational level promotions.
Are there any requirements to access kindergarten education?
No, preschool education does not require minimum requirements to access it, nor does it allow arbitrary differences to be established.
Is preschool education compulsory?
The Constitution establishes the obligation of the State to promote pre-school education. In this sense, the State must finance a free system starting at the lower average level, which goes between two and three years of the boy or girl. In turn, it is established that the second level of transition, called kindergarten, is mandatory and is a requirement for entry to basic education. However, the requirement of having attended kindergarten in order to enroll a child in the first basic year will be made gradually, as established by future law.
What requirements must an establishment have to have official authorization?
- Have a holder responsible for the operation of the establishment. Both natural and legal persons of public or private law whose sole corporate purpose is education and not have the disabilities indicated by law may be holders. The status of holder may not be transferred or transmitted in any case and under any title. However, the movable or immovable property that make up the establishment may be transferred and transmitted.
- Prove that the premises in which the establishment operates complies with the minimum standards of physical plant, sanitary and environmental conditions. If the holder is not the owner of the premises, he must prove a contract that allows him to use the property, of no less than three years duration and registered with the respective Real Estate Registrar. This does not apply to nurseries attached to the workplace, regulated by the Labor Code.
- Have furniture, equipment, teaching elements and didactic material appropriate to the level or levels of preschool education taught.
- Have an institutional educational project.
- Have an internal regulation that regulates the relations between the establishment and the different actors of the educational community, and apply it.
- Have the appropriate and sufficient staff that allows them to fulfill the functions that correspond to them, taking care of the level and modality of preschool education they teach and the number of students they attend.
What requirements are there to have official recognition?
Official recognition means that the State gives an educational establishment the power to certify validly and autonomously the approval of each of the cycles and levels that make up regular education.
The application for recognition will be submitted to the administrative procedure established in a regulation that is issued. Said regulations must also consider a well-founded report from the National Education Council.
Once recognized, these educational establishments must meet the general objectives established by law, as well as the national learning standards that are required of the entire school system. In this way, they will be able to certify studies in accordance with their educational proposals.
What characteristics should the teaching staff of all kindergarten establishments have?
Must have the professional title of education or degree of the respective level of at least eight semesters in duration, from a university or professional institute of the State or recognized by it, or authorized by the Ministry of Education to exercise the teaching function.
Who cannot work in kindergarten education?
- People who have been convicted of a crime or simple crime against the order of the family, against public morality and sexual crimes established in the Penal Code and the crimes of patricide, homicide, femicide and infanticide. Neither can those who have been convicted by the Drug Law or the Law on Intrafamily Violence exercise work.
- People sentenced to perpetual disqualification from exercising activities that involve a direct and habitual relationship with minors.
What happens if an establishment does not have authorization to operate or does not have official recognition?
Those that do not have official authorization or recognition will not be able to function. Nor may they function or be advertised as such or with similar names, such as nurseries or kindergartens.
Who supervises these establishments?
The Superintendency of Education, but while that entity is not installed, the National Board of Kindergartens will do so.
What type of infractions are established?
The facts, acts or omissions that constitute administrative infractions will be serious, less serious and minor.
What are serious offenses?
- Failure to comply with the requirements to be a holder.
- Failure to provide relevant information requested by the Ministry of Education or the Superintendency of Education.
- Deliberately impede or hinder the supervision of the Superintendency.
- Violate any of the other requirements established for official recognition when such conduct is repeated in a period of one year, endangers the physical or psychological integrity of children or violates their rights, or does not comply with two or more requirements.
The existence of more than two less serious offenses is also considered a serious offense.
What are the possible sanctions?
- Written warning.
- Fine for tax benefits, ranging from 1 to 250 Monthly Tax Units, depending on the severity of the offense.
- Revocation of the operating authorization.
- Perpetual inability of the holder to obtain, maintain or participate in any way in the administration of this type of establishment. In the event that the holder is a legal person, this inability shall be understood as applied to their legal representatives and administrators.
When does the immediate closure of the establishment proceed?
The Superintendency of Education will order the immediate closure of the kindergarten establishment in the following cases:
- If it works or is advertised without legal authorization.
- If the revocation of the operating authorization is imposed.
- If official recognition is revoked.
What about the nurseries regulated by the Labor Code?
They must have operating authorization or official recognition from the State, both granted by the Ministry of Education.
What conditions must the holder meet?
The holder may not have received as a sanction the disqualification to be so or have been convicted of a crime or simple crime against the order of the family, against public morality and sexual crimes established in the Penal Code and the crimes of parricide, homicide, femicide and infanticide. Neither will those who have been convicted by the Drug Law or have been sentenced with the penalty of absolute perpetual disqualification for positions, jobs, trades or professions exercised in educational settings or that involve a direct and habitual relationship with minors, not be able to carry out work.
The holder must have a professional degree of a career of at least eight semesters in duration, granted by a university or professional institute of the State or recognized by it.
What is the undersecretary of Early Childhood Education?
It is the body of direct collaboration of the Minister of Education in the promotion, development, general organization and coordination of quality preschool education for the comprehensive training of boys and girls, from their birth to their entry into basic education.
The Undersecretariat shall collaborate with the Minister of Education in the preparation, coordination, application and evaluation of policies and programs in matters destined to the development and promotion of early childhood education.
What functions does the Superintendency of Education have regarding kindergarten education?
The Superintendency considers the existence of an Intendancy of Early Childhood Education, whose function will be to develop the technical criteria that allow it to carry out its work with respect to pre-school education establishments that have official recognition from the State or authorization, if applicable. This Intendancy will be directed by an official with the position of Intendant of Early Childhood Education.
While the Superintendency of Education is not implemented, the supervision will be exercised by the National Board of Kindergartens.
