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Educational Laws (Saldaña) - Coggle Diagram

- - - - Panama adopted its Constitution as an independent state in 1904, following its independence from Colombia (1903). This Constitution was replaced by the 1941 Constitution, which introduced elements of social constitutionalism; such elements were confirmed by the 1946 Constitution. After the latter was rendered ineffective by the military coup of 1968, the 1972 Constitution was approved, which was reformed in 1978 and, above all, in 1983 (a reform that eliminated the more authoritarian aspects introduced in 1972). The text included here is the result of these reforms, and of the subsequent reform of 1994 (Legislative Act No. 2 of August 23, 1994).
    - - It can be said that the law is the rule that governs our social conduct. Law, in a strict sense, is the legal norm issued by a competent entity of the State in this matter, as stipulated in the Constitution, that is, the Legislative Body. In the proper sense of the word, the law is the legal norm formally issued by the Legislative Assembly that regulates human relations within a society.
    - - organic
        
        They 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, organic laws are issued in compliance with certain paragraphs of Article 153 of the Constitution.
      - ordinary
        
        These are the laws that regulate specific cases, such as those in paragraphs 5, 6 and 17 of the aforementioned article.
        
        The formation of a law involves a process in which three main stages stand out
        
        The approval of the Legislative Assembly.
        
        The sanction of the Law by the President of the Republic.
        
        The enactment of this law.
    - - can be taken in two aspects
        
        a formal one, which refers to the one that has been determined through the Legislative Power in accordance with the procedures specifically pre-established by the Constitution.
        
        the other material, which refers to any legal norm whose content regulates a multiplicity of cases and has been, or has not been, dictated by the Legislative Body and is of a mandatory nature.
- - - - Article 3.
        
        The applicant for a teaching, management, national, provincial and/or regional supervisory position, subject to competition, who does not submit the complete documentation required in the third title of this decree, shall not be considered eligible.
      - Article 8.
        
        The selection process for the appointment and transfer of teaching, management and supervisory personnel shall be made from among the educators aspiring to the position in the school region.
      - Article 11.
        
        The appointment competition for teachers and professors will be made by means of a public call for applications.
      - Article 12.
        
        Managerial and supervisory positions shall be filled, by means of a call for vacancies, as they occur. Such announcement may be made in such a way as to fill several vacancies, grouped for such purpose.
      - Article 22.
        
        An educator who is appointed to a position requested by him/her and fails to report for duty within five working days of the respective notification shall forfeit the position and shall not be considered for another position during the same period.
  - - - An educator who meets the following requirements is eligible to apply for a transfer:
        
        That he/she is appointed on a permanent basis and is a school teacher.
        
        That he/she is not on leave of absence, with the exception of pregnancy leave, and the assignment of managerial functions in schools.
        
        That he/she has not been transferred the previous year.
    - - The following transfers are made in the Education Branch for the following reasons:
        
        Due to low enrollment
        
        by mutual consent
        
        By sanction
        
        Regular transfer.
    - - Transfers by sanction shall proceed for teaching personnel, when sanctions are imposed with the requirements established in Article 133 of Law 47 of 1946, Organic Law of Education.
    - - Contracting and Dedication Regime
        
        Article 3 of Law 47 of November 20, 1979 establishes the conditions for appointments. In the Ministry of Education of the Republic of Panama the conditions for appointment are as follows:
        
        Interim corresponds to an appointment made, generally at the end of the school year, for example, to cover a leave of absence due to pregnancy. In other cases, the incumbent may take a leave of absence for studies or to occupy another position within the education sector. This situation allows the interim appointment to take more than one year.
        
        Probationary refers to the appointment made for two consecutive years; if the teacher's evaluation is satisfactory, he/she achieves permanence in the position.
  - - - In Panama, all teachers working in the official education system are considered public servants, while in private universities they are perceived as private teachers.
      - Panamanian teachers must have a minimum level of training at the post-media education level. Currently, the Ministry of Education is making efforts to achieve the profiles for this professional.
- - - - For salary purposes, secondary education teachers will be divided into three categories:
        
        A. Teachers with a university teaching degree
        
        B. Teachers with university degree
        
        C. Teachers without a university degree.
    - - Article 119.
        
        Every member of the teaching or administrative staff of the Education branch in service or aspiring to enter it, must register with the Ministry of Education, if he/she has not already done so, the professional qualifications required by this Law, to perform the position he/she holds or aspires to hold.
      - Article 124.
        
        All members of the teaching staff of pre-primary, primary and secondary schools must report to the campus where they render their services eight (8) days prior to the beginning of classes, in order to carry out the preparatory work indicated to them.
    - - Article 153.
        
        Members of the teaching staff who are separated from service due to illness, bereavement or other proven urgent cases, shall be entitled to a leave of absence of up to fifteen (15) days with pay during the year.
      - Article 155.
        
        The advanced pregnancy status of women employed as members of the teaching or administrative staff of the Education branch is incompatible with the position they hold.
    - - Teaching Career and Retirement Regime
        
        Article 276 of Law 34 of 1995, which amends Law 47 of 1946 on Education, states that "the teaching career shall be established by law, with the direct participation of the Ministry of Education and teachers' associations and organizations".
        
        Requirements for teacher retirements
        
        To have completed 28 years of service.
        
        Accumulation of a total of 336 quotas at a rate of 12 per year.
        
        Complete the MEDUCA long-term financial benefit and personnel action forms.
        
        Attach photocopy of ID, social security and last check stub.
- - - - In the last decades of the twentieth century, Panama went through political, social and economic situations that shook the deepest foundations of social structures. Today's daily and revealing social reality, spurred on by the challenges of the beginning of the millennium, are a determining factor in the search for improvements and solutions in favor of Panamanian education.
      - In comparison with Central American countries, literacy in Panama has achieved a high level, even among the marginalized. We recognize that although progress has been made, we have yet to achieve equal levels of schooling among the least and most economically advantaged groups.
      - The annual dropout of children and young people who enroll but do not complete their school year represents a serious problem in the country.