Educational Laws
Unit 1. Organic Law on Education
History. Education acquired an institutional or formal character during the sixteenth, seventeenth and eighteenth centuries. The higher schools of Theology and Philosophy that remain in the hands of the Church remained restricted to. the formation of a brain with the capacity to spread Catholic life throughout the Isthmian territory.
Hierarchy of Legal Documents. Constitution, International Treaties, Laws, Decree-Laws, Executive Decrees, Magisterial Resolutions.
Study of its Contents.
Laws. It can be said that the law is the norm that governs our social behavior. It is called law, in a strict sense, to the legal norm by a competent entity of the State in this matter, according to what is stipulated in the Constitution, that is, to the Legislative Body.
Classification of Laws. According to the provisions of the Political Constitution through article 158, the laws issued by the Legislative Assembly are cataloged in two ways.
The Constitution: Panama approved its Constitution as an independent State in 1904, after its independence from Colombia (1903). This Constitution was replaced by that of 1941, which introduced elements of social constitutionalism; such elements were confirmed by the 1946 Constitution.
Organic: Are those laws whose content is of an administrative nature since they regulate, in general, the activity of the State for the fulfillment of its purposes and the exercise of its functions. In addition, the organic laws are issued in compliance with certain numerals of article 153 of the Constitution acts.
Ordinary: Are the laws that regulate specific cases, such as those in numerals 5, 6 and 17 of the article mentioned above
Elements of the Law. The law, in the modern general theory of Law, can be taken in two aspects: a formal one, which refers to the one that has been distanced through the Legislative Power according to the specifically pre-established procedures by the Constitution; and the other material, which refers to any legal norm whose content regulates a multiplicity of cases and has been, or not, dictated by the Legislative Body and is mandatory.
Unit 2. Personnel management (Part A)
Appointments. Before being named it is necessary to go through a contest and here are the articles that support it:
Transfers
Article 54. You have the right to request transfer, the educator who meets the following requirements: Who is appointed permanently and exercising school teaching. That is not in use of license, with the exception of the license for gravidity, and the assignment of directive functions in school campuses. That has not been transferred the previous year.
Article 55. In attention to the cause that motivates it, in the Education Branch the following transfers take place: - Due to low enrollment
Article 3. The applicant for a teaching position, director, national, provincial and / or regional supervision, subject to competition, who does not deliver the complete documentation required in the third title of this decree, will not be considered eligible.
Article 8. The selection process for the appointment and transfer of teaching, management and supervisory personnel will be made among the educators who aspire to the position in the school region.
Permanency. System of Contracting and Dedication: Article 3 of Law 47 of November 20, 1979 establishes the conditions for appointments.
Unit 3. Personnel management (Part B)
Salary. The monthly salary corresponds to a day of eight daily periods, equivalent to five and a half hours. payments are made biweekly. The teacher who works in areas of difficult access receives an additional remuneration of bl. 30.00, and the teacher works in special education earns 25% more than the saloario of a regular teacher.
Assistance.
Article 119. Any member of the teaching or administrative staff of the branch of Education in service or who aspires to enter it, must register in the Ministry of Education, if he has not already done so, the professional qualifications required by this Law, to perform the position that he exercises or aspires to exercise.
All members of the teaching staff of the pre-primary, primary and secondary schools must present themselves to the school where they provide their services eight (8) days before the start of the classes, to carry out the preparatory work indicated to them.
Vacations and Licenses
Article 153. Faculty members who leave the service due to illness, mourning or other verified urgent cases will be entitled to a leave of up to fifteen (15) days with a salary entitlement during the year.
When it is a personal illness duly proven, the member of the teaching staff is entitled to full salary for up to thirty consecutive days, discounting from here the days of leave that he has taken previously.
Unit 4. Resources and Funds.
Cabinet Decree 168 of 1971 modified by Laws 13 and 16 of 1987 and by Law 49 and 50 of 2002. Professionals who come to the country on their own account and under contract with natural or legal persons established in Panama, 2.75% shall be paid as educational insurance for all income received by the independent professional, as established in Cabinet Decree No. 168 modified by the Law of July 13, 1987.
Administration of funds. In Panama, more than 6% of GDP is allocated to public spending on location, which places it in the Latin American countries with the highest expenditure in this line. Moreover, education has absorbed an increasing share of resources, increasing from 5.1% of GDP in 1990 to 6.3% in 1999. The data from the living standards survey reveal that household spending on education represents approximately 3% of GDP which yields a total of 9% of GDP (public and private expenditure) allocated to education in 1997.