Ley 182 del 2001
Resumen
Esta ley autoriza la participación artística preferencial de estudiantes de Escuelas Especializadas en Bellas Artes, Artes Visuales, Artes Escénicas, Danza y Comunicaciones en actividades de agencias gubernamentales y municipios. Permite otorgar un estipendio financiero a los estudiantes participantes y excluye al personal docente y no académico del Departamento de Educación con deberes relacionados de ciertas restricciones laborales. La ley busca fomentar el desarrollo artístico de los jóvenes y reconocer su talento.
Contenido
(No. 182)
(Approved December 27, 2001)
AN ACT
To authorize the artistic participation, with preference of the students of the Specialized Schools of Fine Arts, Visual Arts, Performing Arts, Dance, and Communications in Puerto Rico, in the activities of the agencies, public corporations and other government entities, the Executive, Legislative, and Judicial Branches of the Commonwealth of Puerto Rico, as well as the municipalities; authorize the granting of a financial stipend to every participating student for his/her artistic collaboration in such activities; to exclude from Section 177 of the Political Code, as amended, the teaching personnel and non-academic staff of the Department of Education with duties related to such participation; and to provide for the approval of regulations, the appropriation.
STATEMENT OF MOTIVES
The development of the new generations of performers and human beings in all areas of knowledge in Puerto Rico, is based, among other aspects, in the laudable work carried out by the Specialized Schools in Fine Arts, Visual Arts, Performing Arts, Dance and Communications of Puerto Rico.
By virtue of Act No. 365 of April 20, 1946, as amended, it was declared as the public government policy, to achieve by means of a methodical popular teaching plan, an on-going artistic disclosure movement, and the creation of a favorable environment for the cultivation of musical arts and the artistic re-education of the People of Puerto Rico. In the attainment of
such objectives, four (4) schools specialized in Fine Arts were created in the Municipalities of Ponce, Carolina, Arecibo, and Mayagüez, as well as the José Julián-Acosta Specialized School of Drama, the Julián Blanco, Specialized School of Dance, the Central High Specialized School of Visual Arts and the Osuna Specialized School of Radio and Television Communications.
It should be pointed out that as a result of the fruitful efforts of teachers and students of the Specialized Schools in Puerto Rico there are, among other organizations, theatrical and dance companies. Likewise, the works of the young students of the Central High Specialized School of Visual Arts are exhibited in places such as television programs, and many exhibitions.
It is proper to mention that by virtue of Act No. 114 of July 20, 1988, it has been declared as a matter of public interest, to favor and encourage a greater participation of the artistic and musical talent of Puerto Ricans in musical and artistic performances offered in Puerto Rico.
Pursuant to the mandate of the said Act No. 114 of July 20, 1988, it is proper for the Legislature to approve this Act, to recognize the opportunity of the young students of the specialized schools of the country, to share their talent with their fellow citizens, through their participation in the abovementioned activities, without it being understood as employment of minors, nor as additional service of the personnel of the Department of Education that carry out tasks related to the above activities.
Therefore, the approval of this Act is proper, in order to grant with priority, in justice of the student bodies of the specialized schools of the country, the true opportunity to be presented and be known before our people, with the purpose of exposing their musical artistic talents and knowledge, for the enjoyment and recreation of the several generations of
their fellow-citizens in our country. At the same time, they achieve the mission of showing themselves as models to be emulated by our youth and the public in general. This contribution to the quality of life and the culture of our People justifies that these students be deserving of a financial stipend as a governmental, public and community support of their effort to perform, share, and continuously make known their musical-artistic talent as members of the new generations of musicians of the People of Puerto Rico.
Recently, Act No. 85 of July 29, 2001, was established in order to authorize the artistic participation, with preference, of the students of the Free Schools of Music and music programs of other public schools of Puerto Rico, in the activities of the agencies, public corporations and other government entities of the Executive, Legislative, and Judicial Branches of the Commonwealth of Puerto Rico, as well as the municipalities. In this tradition of fostering the development of our youth, it is pertinent to approve this Act to promote the artistic participation of the students of the Specialized Schools in Fine Arts, Visual Arts, Performing Arts, Dance and Communications of Puerto Rico.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- This Act shall be known and cited as the "Act for the Artistic Participation of the Students of Specialized Schools in Fine Arts, Visual Arts, Performing Arts, Dance and Communications in Puerto Rico."
Section 2.- (A) The following terms used in this Act shall have the meaning specified below:
- Activities - Official acts or ceremonies for the commemoration of holidays recognized by law, events, or the celebration of endeavors or events of public interest.
- Department - The Department of Education of the Commonwealth of Puerto Rico, including all its programs, offices, branches, divisions, and administrative and teaching units.
- Stipend - The bonus, in cash or kind, which every participating student shall receive for his/her artistic presentation, and shall not be deemed as income, salary or wage, but as assistance in cash or in kind, destined for the student to defray his/her personal expenses or needs such as transportation, food, or lodging.
- Student - The young person participating in the activities and enrolled in one of the Specialized Schools of Fine Arts, Visual Arts, Performing Arts, Dance, and Communications in Puerto Rico.
- Secretary - The Secretary of Education, who carries out his/her executive, administrative, operating, supervising, and planning functions by virtue of Section 5 of Article II, and Section 6 of Article IV, of the Constitution of the Commonwealth of Puerto Rico, as well as those of Act No. 149 of July 15, 1999, as amended, known as the "Organic Act of the Department of Public Education of Puerto Rico."
- Educational Services - Benefits offered to the student, such as medical, health, transportation and school lunchroom services.
Section 3.- The preferred artistic participation of the students of Specialized Schools of Fine Arts, Visual Arts, Performing Arts, Dance, and Communications in Puerto Rico, and of similar programs of other public schools of Puerto Rico in the activities of the agencies, public corporations, and other government entities of the Executive, Legislative and Judicial Branches of the Government of the Commonwealth of Puerto Rico, as well as of the municipalities, is hereby authorized.
Likewise, the granting of a stipend to every participating student is hereby authorized for his/her artistic collaboration in such activities.
In addition, an additional payment or extraordinary compensation is hereby authorized, in the corresponding cases, to the personnel of the Department of the Education that is regularly employed and who perform tasks related to activities in which the students participate.
Section 4.- The participation of students in the activities shall not be construed as employment of minors. Provided, that the teaching or nonteaching staff of the Department, that is regularly employed and that performs tasks related to the participation of students in said activities, may receive additional pay or special compensation, without being subject to Section 177 of the Political Code, as amended.
Section 5.- The Secretary shall provide with regard to the educational services and the stipend to the participating students, as well as the additional payment or overtime compensation to the personnel of the Department. To such ends, the Secretary shall coordinate and may execute the agreements and contracts with each agency, public corporation, department, municipality or other public or private entity that requests the artistic participation of the students of the Specialized Schools of Fine Arts, Visual Arts, Performing Arts, Dance, and Communications in Puerto Rico.
Each agency, public corporation, department, municipality, or public or private entity, that requests said participation, shall defray the corresponding costs and stipends.
Section 6.- The Secretary shall approve the rules and regulations for the implementation of this Act, whose texts shall be drafted with the joint participation of the Secretary, the Director of the Specialized Schools Unit
of the Department, and the Directors of the Specialized Schools in Fine Arts, Visual Arts, Performing Arts, Dance, and Communications of Puerto Rico.
Section 7.- The implementation of this Act and the regulations approved by virtue thereof, shall be performed in a way that it does not affect the educational process in the public school system of the participating students, nor the public service of the Department personnel involved.
Section 8.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 182 (S.B. 971) of the $2^{ ext {nd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to authorize the artistic participation, with preference of the students of the Specialized Schools of Fine Arts, Visual Arts, Performing Arts, Dance, and Communications in Puerto Rico, in the activities of the agencies, public corporations and other government entities, the Executive, Legislative, and Judicial Branches of the Commonwealth of Puerto Rico, as well as the municipalities; etc., has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $7^{ ext {th }}$ of February of 2005.
Luis Fusté-Lacourt Director