Esta ley enmienda la Ley de Carrera Magisterial de Puerto Rico para alinearla con la Ley Orgánica del Departamento de Educación y la Ley de Relaciones Laborales del Servicio Público. Establece un sistema de clasificación y niveles para maestros, bibliotecarios-maestros, consejeros escolares, trabajadores sociales escolares, especialistas en tecnología educativa, coordinadores industriales y coordinadores de programas vocacionales. Define los requisitos para cada nivel (I a IV) basados en formación académica, experiencia y educación continua. Introduce el Plan Individual de Adelanto Profesional y programas de educación continua. Detalla los procedimientos para promociones y revisiones de nivel, así como los incentivos económicos asociados a cada nivel. También incluye disposiciones transitorias para el reconocimiento de clasificaciones y niveles existentes y la admisión de personal docente externo. Se deroga el Capítulo II de la ley original y se reenumeran los capítulos subsiguientes. Se protege los derechos adquiridos del personal docente y se establece la no aplicabilidad de la Ley Núm. 34 de 13 de junio de 1966 a los miembros de la Carrera Magisterial.
(Approved August 28, 2002)
To amend Chapter I; to repeal Chapter II; to amend and renumber Chapters III, IV, V, VI, VII, VIII, IX, and X of Act No. 158 of July 18, 1999, as amended, known as the "Teaching Career Act," in order to temper its provisions with the provisions of Act No. 149 of July 15, 1999, as amended, Organic Act of the Department of Education of Puerto Rico, and of Act No. 45 of February 25, 1998, "Puerto Rico Public Service Labor Relations Act;" to provide the classification system; establish procedures for promotions and to provide for the Individual Plan for Professional Advancement and the continuing education programs, and to include School Counselors, School Social Workers, Vocational Programs Coordinators, and Industrial Coordinators, and Instructional Technology Specialist Teachers in the Teachers Career Act.
Act No. 158 of July 18, 1999, as amended, known as the "Teaching Career Act," was approved with the purpose of fostering excellence in the public education services of the Commonwealth of Puerto Rico, and thus give full effectiveness to the constitutional mandate which consecrates the right of every person to an education that will lead to the full development of his/her personality, and to bolster the basic rights and liberties of man. The majority of the sectors concerned with the public education system in Puerto Rico agreed that the purposes sought by this legislation were laudable. However, the course of time has shown us that it is necessary to approve substantial amendments to this legislative piece.
It is imperative to temper the provisions of this Act to the provisions of Act No. 149 of July 15, 1999, as amended, known as the Organic Act of the Department of Education of Puerto Rico, and of Act No. 45 of February 25, 1998, known as the "Puerto Rico Public Service Labor Relations Act."
Regrettably, the Teaching Career Act did not take into consideration the teaching personnel included in this Act. In order to rectify this fault, in addition to teachers and librarians-teachers, there are included School Counselors, School Social Workers, Vocational Programs Coordinators, Industrial Coordinators, and Instructional Technology Specialists who hold teaching licenses issued pursuant to the law.
On the other hand, several of the provisions of the "Teaching Career Act" are in conflict with the terms of the Collective Bargaining Agreement in force agreed upon pursuant to the Puerto Rico Public Service Labor Relations Act.
The Teaching Career Act concept should not interfere with the free power play of the collective bargaining in effect. Said concept is predicated on the notion that the level of development we hope for with regard to our teachers and teaching support personnel require economic incentives that complement the negotiation of salaries.
Furthermore, enquiries to professional education groups show that certain amendments are necessary to better reflect the reality of the professional development and experience of teachers. The legislative purposes are not promoted when the result of the statute in practice was to discourage the teaching staff with considerable experience in the System.
Thus, the purpose of this bill is to rectify the preceding situations, to render greater justice to the members of the teaching career and hear their
concerns, so that the purposes of the Teaching Career Act are met with greater effectiveness.
Section 1.- Chapter I of Act No. 158 of July 18, 1999, as amended, is hereby amended to read as follows: "CHAPTER I GENERAL PROVISIONS Section 1.01.- Title.- This Act shall be known as the "Teaching Career Act." Section 1.02.- Declaration of Intent.- The Statement of Motives of Act No. 158 of July 18, 1999, and of this Act are part of the normative text of this Act and constitute its Statement of Intent.
Section 1.03.- Members of the Teaching Career.- The members of the Teaching Career shall be the classroom teachers and teaching librarians, school counselors, school social workers, educational technology specialist teachers, industrial coordinators, and vocational programs coordinators, who:
Section 1.04- Exclusions Teachers with probatory, eligible transitory, and provisional status shall be excluded from the Teaching Career category.
Section 1.05.-Teaching Career Regulations The Secretary shall promulgate the Teaching Career Regulation, which shall be complementary to this Act, and harmonizing its provisions to it."
Section 2.- Chapter II of Act No. 158 of July 18, 1999, as amended, is hereby repealed.
Section 3.- Chapter III is hereby amended and renumbered as Chapter II of Act No. 158 of July 18, 1999, as amended, to read as follows:
Section 2.01.- Purpose of the Teaching Classifications and Levels The classifications and levels establish an order of hierarchy according to their academic training and years of experience.
Section 2.02.- Denomination of Teaching Classifications and Levels Teaching classifications and levels shall be denominated as follows:
In all the above classifications there shall be levels from I to IV, whose holders shall comply with all requirements established in this Act and in the Act of their specific profession, if any.
Section 2.03.- Level I in each Classification Level I in each classification shall be granted to the member of the Teaching Career who:
(a) Achieves permanent status in the Public Education System pursuant to Act No. 312 of May 15, 1938, as amended.
(b) Files an Activation Application pursuant to this Act.
(c) Files his/her Professional Improvement Plan and it is approved.
Section 2.04.- Level II in each Classification Level II in each classification shall be granted to the member of the Teaching Career who meets the following requirements:
(a) Eighteen (18) academic credits at undergraduate level in study areas related to the categories of the positions included in this Act, approved in a Higher Education Institution dulyaccredited or recognized in Puerto Rico.
(b) Two hundred (200) contact hours in continuing education activities since the Level I classification was recognized.
(c) Ten (10) years of teaching experience in the Public Education System.
(d) Has obtained satisfactory evaluations of their teaching performance, or otherwise meets the following requirements:
The recognition of the classification shall be effective on the date that the member of the Teaching Career submits evidence of having dulycompleted his/her Professional Improvement Plan, and has been approved by the corresponding authority.
Section 2.05.- Level III in each Classification Level III shall be granted in each classification to the member of the Teaching Career who meets the following requirements:
(a) Master's Degree in the category in which he/she performs.
(b) Seven (7) years of teaching experience in the Public Education System.
(c) Two (200) hundred contact hours in continuing education activities since the level he/she holds at the moment of requesting promotion was recognized.
(d) Satisfactory evaluations of his/her teaching performance, or the following requirements:
The recognition of the level shall be effective on the date that the member of the Teaching Career submits evidence of having duly completed his/her Professional Improvement Plan, and it has been approved by the corresponding authority.
The incentive corresponding to Level II shall be recognized to those members of the Teaching Career who are promoted from Level I to Level III and meet all the requirements of this Section.
Section 2.06.- Level IV in each Classification Level IV shall be granted to the member of the Teaching Career who meets the following requirements:
(a) Doctor's degree in the category he/she performs.
(b) Two (200) hundred contact hours in continuing education activities since his/her Level III was recognized.
(c) One hundred (100) hours of training to the teaching personnel of the schools or system, or invests one hundred (100) hours in a special project in benefit of the Public Education System.
(d) Ten (10) years of teaching experience in the Public Education System.
(e) Satisfactory evaluations of his/her teaching performance, or in its place, meet the following requirements:
The recognition of the classification and level shall be effective on the date that the member of the Teaching Career submits evidence of having duly completed his/her Professional Improvement Plan, and it has been approved by the corresponding authorities.
Section 2.07.- Substitution of Continuing Education Hours with Academic Credits.
The hours of participation in continuing education programs may be substituted by academic credits in courses of the disciplines related to the specialty of the member of the Teaching Career. To such effects, fourteen (14) hours of participation in continuing education programs shall be equivalent to one (1) academic credit. However, formal studies shall not be substituted by experience in continuing education programs.
Section 2.08.- Indispensable Requirements for Promotions None of the requirements established in this Chapter may be dispensed with nor ignored in procedures related to promotions at levels, except what is provided in Section 6.03.
Section 2.09.- Incentives By Level The incentives by level for the members of the Teaching Career shall be the following:
Section 2.10.- Review of Levels In order to stimulate compliance with the Professional Improvement Plans, the Secretary shall authorize one or more advances as incentives for the completion of each stage thereof.
To such effects, a member of the Teaching Career may receive one or more advances during the effectiveness of his/her Professional Improvement Plan, and may receive the consolidated amount that corresponds to more than one stage, if he/she completes them in the same year, or claims them at the same time. Each of the adjustments per stage will be equivalent, in the case of a member preparing for Level II, to one point eight (1.8) percent of the basic salary provided. In the case of a member who is preparing for Level III, to five (5) percent of the basic salary provided. In the case of a
member who is preparing for Level IV the advances by stages shall be equal to be eight (8) percent of the basic salary.
Section 2.11.- Procedure for the Classification Level Review The procedure related to classification level reviews under the preceding Section shall be as follows:
informed to the petitioners through the procedure established in the Teaching Career Regulations. 4. The decisions of the Secretary may be reviewed through the Complaints and Grievances Arbitration and procedures set forth in Act No. 45 of February 25, 1998, known as the "Puerto Rico Public Service Labor Relations Act," and in the collective bargaining agreement between the Department of Education and the exclusive representative of the employees concerned.
Section 2.12.- Admission of External Teaching Personnel The Secretary may authorize the admission of every person who meets the requirements of Chapter II of this Act to the Teaching Career; provided, that the persons thus appointed shall be admitted to the System in their corresponding classification and level, according to their academic training, teaching experience, and contact hours in continuing education activities and satisfactory evaluations of their performance."
Section 4.- Chapter IV is hereby amended and renumbered as Chapter III of Act No. 158 of July 18, 1999, as amended, to read as follows: "CHAPTER III PROMOTION PROCEDURE Section 3.01.- Nature of the Promotion. - Promotions in levels constitute recognitions of the persevering effort of the members of the Teaching Career who comply with their Professional Improvement Plan. No official, Council, or Committee of the Department or of a school shall refuse to recognize the classification and level attained by a member of the Teaching Career upon concluding his/her Professional Improvement Plan if his/her performance has received satisfactory evaluations.
Section 3.02.- Recognition of Classifications and Teaching Levels The recognition of classifications and levels in the Teaching Career is a power of the Secretary that cannot be delegated.
Section 3.03.- Right to Promotion The members of the Teaching Career shall be entitled to a promotion in classification level by presenting attesting documents in evidence of:
Years of service alone do not qualify any member of the Teaching Career for a promotion in level.
Section 3.04.- Request for Recognition of Level. The procedure related to promotions in level pursuant to the preceding Section shall be as follows:
qualified for the level for which recognition is requested. The Directors shall inform the petitioners of the recommendations that shall be submitted to the Secretary in each case. 3. The Secretary shall review the Reports of the Directors and the Committee and shall make the corresponding decision pursuant to the Law. The petitioners shall be informed of the decision of the Secretary through the procedure established in the Teaching Career Regulations. 4. The final decisions of the Secretary shall be reviewable through the Complaints and Grievances Arbitration procedure established in Act No. 45 of February 25, 1998, known as the "Puerto Rico Public Service Labor Relations Act," and in the collective bargaining agreement between the Department of Education and the exclusive representative of the employees thus affected.
Section 4.01.- Professional Improvement Plans Professional Improvement Plans are five (5) year action programs designed by the members of the Teaching Career with the purpose of directing their efforts to achieve their own proposed objectives.
Section 4.02.- Contents of the Plans The plans shall combine the following elements:
Section 4.03.- Preparation of Plans On the date of the admission to the Teaching Career as well as upon achieving a new level, the member of the Teaching Career shall prepare a Professional Improvement Plan, in coordination with the Director of his/her school, in order to train for the following level.
Section 4.04.- Structure of Plans The plans shall be divided into five (5) stages. The Teaching Career member shall state the specific goals and objectives that he/she intends to achieve for each stage, with the approval of academic credits in university institutions, hours of participation in short courses and continuing education programs, and the organization of activities such as those validated in Section 4.02 of this Act.
Section 4.05.- Filing of Plans and Confidentiality Thereof The plans shall be filed in the office of the Director, who shall be their custodian, and shall be deemed to be confidential documents, as long as the teachers do not initiate the process corresponding to recognition of the level
established in Chapter III, or claim reviews of their level pursuant to Section 2.10 of this Act.
Section 4.06.- Amendments to Plans The members of the teaching career, in coordination with the Directors, may amend their Professional Improvement Plans. They may also add pertinent documents or papers at any time they deem necessary.
Section 4.07.- Compliance with Professional Improvement Plans. - The development of the Professional Improvement Plans shall be the exclusive responsibility of the members of the Teaching Career. However, the Directors shall make the necessary administrative adjustments to expedite their compliance thereof without reducing the hours devoted to the students.
Section 4.08.- Conditions for Promotions in Level. No member of the Teaching Career who has failed to comply with their Professional Improvement Plan shall be eligible for a promotion at level, nor for a revision at level."
Section 5.- Chapter VI is hereby amended and renumbered as Chapter V of Act No. 158 of July 18, 1999, as amended, to read as follows:
Section 5.01.- Continuing Education Program Continuing education programs shall consist of courses, seminars, conferences, workshops and educational activities with academic credit or contact hours, which shall be given or approved by the Department and shall provide the opportunity to examine subjects and problems related to
education, or to develop and perfect professional skills of the respective responsibilities of the members of the Teaching Career.
Section 5.02.- Continuing Education Programs of the Department The Department shall plan, organize and offer, directly or through universities or other educational institutions, continuing education programs addressed to meet the needs of the Public Education System. The structuring of these programs shall be done in close collaboration with the components of the System.
Section 5.03.- Drafting of the Continuing Education Program. - The Secretary shall ensure that the continuing education programs:
Section 5.04.- Continuing Education Committees Each school of the Public Education System shall have a Continuing Education Committee. The Committee shall consist of two (2) members of the Teaching Career, designated by the Director, who shall preside.
Section 5.05.- Functions of the Continuing Education Committee The Continuing Education Committee of the school shall perform the following functions:
Section 5.06.- Reports of the Continuing Education Committees The semi-annual reports of the Committees submitted to the Secretary shall constitute the foundation to design the Continuing Education Programs. Said reports shall be submitted on the date indicated by the Secretary.
Section 5.07.- Offerings of Universities The Secretary shall coordinate and promote jointly with the President of the University of Puerto Rico and the Presidents of other universities and educational institutions, within and outside of Puerto Rico, the offering of post-graduate study programs by the University of Puerto Rico and other universities or education institutions in and abroad, in order to meet the needs of the Public Education System, and specifically those of the members of the Teaching Career. He/she shall also promote the organization of activities for the professional development of teachers. In addition, they shall promote the execution of agreements between universities and educational institutions of the country, and of other countries; as well as establishing credit validation systems for the hours participated in continuing education programs given by the universities and educational institutions.
Section 5.08.- Continuing Professional Development Professional Improvement Plans shall establish systematic efforts to renew and develop the skills of the members of the Teaching Career. To such effects, the Department shall provide time in the school calendar for each member of the teaching profession to develop his/her own Professional Improvement Plan.
Section 5.09.- Other Continuing Education Activities Every career teacher shall obtain authorization, if necessary, to attend continuing education activities offered by professional organizations or other
entities. In every case, it shall be notified to the Continuing Education Committee in order to ensure that the corresponding hours are accredited."
Section 7.- Chapter VII is hereby amended and renumbered as Chapter VI of Act No. 158 of July 18, 1999, as amended, to read as follows: "CHAPTER VI EVALUATION OF TEACHERS Section 6.01.- Evaluation System.- The evaluation system of the members of the Teaching Career shall be established in order to foster the development of professional aptitudes and skills pursuant to the provisions of this Act. The Secretary of Education shall establish the procedures to evaluate the Teaching Career members.
Section 6.02.- Evaluation of the Teaching Career members The Secretary shall establish the procedures for the evaluation of the members thereof in the Teaching Career Regulations. In the case of classroom teachers their performance shall be evaluated through the analysis of the Professional Improvement Plans, periodic interviews with the teachers being evaluated, classroom visits, and the analysis of the performance. With regard to the other members of the Teaching Career, their work shall be evaluated through the analysis of their Professional Improvement Plans, periodic interviews with them, visits to their work centers, and through the evaluation of the reports submitted of work performed. All members shall show that they have the pertinent professional skills of their classification. The evaluations of their directors may be revised through the Arbitration of Complaints and Grievances procedures established in Act No. 45 of February 25, 1998, known as the "Puerto Rico Public Service Labor Relations Act," and in the collective bargaining agreement between the
Department of Education and the exclusive representative of the employees concerned.
Section 6.03.- Difficult Recruitment Areas The Secretary may establish incentives by Regulation in order to attract or maintain those candidates or members with specialties of difficult recruitment in the Teaching Career."
Section 8.- Chapter VIII is hereby amended and renumbered as Chapter VII of Act No. 158 of July 18, 1999, as amended, to read as follows:
Section 7.01.- Definitions. For the effects of this Act, the terms defined below shall have the meaning that is indicated.
Section 9.- Chapter IX is hereby amended and renumbered as Chapter VIII of Act No. 158 of July 18, 1999, as amended, to read as follows:
Section 8.01.- Recognition of Initial Classifications and Levels School counselors, school social workers, specialist educational technology teachers, industrial coordinators, and vocational programs coordinators who are working in the System on the effective date of this Act, may claim their corresponding teaching level and classification in the following year, according to the standards provisionally established in this Section.
To such effects the following classifications shall be acknowledged: Level I - permanent officials, with at least two (2) years of experience in the System.
Level II - permanent officials, with more than two years and less than thirteen (13) years of experience in the System, who hold a Master's degree granted by a higher education institution duly-accredited or recognized in Puerto Rico; or with more than two (2) years and less than eight (8) years of experience in the System, who hold a Doctor's degree granted by a higher education institution duly accredited or recognized in Puerto Rico.
Level III - permanent officials with at least thirteen (13) years of experience in the System, and who hold a Master's degree granted by a higher education institution duly-accredited or recognized in Puerto Rico; or with at least eight (8) years of experience in the System who hold a Doctor's degree granted by a higher education institution duly accredited or recognized in Puerto Rico.
Level IV - permanent officials with at least fifteen (15) years of experience in the System, and hold a Doctor's degree granted by a higher education institution, duly accredited or recognized in Puerto Rico.
Section 8.02.- Recognition of existing ranks. Every teacher and librarian-teacher, who voluntarily and by virtue of Act No. 158 of July 18, 1999, has joined or is a member of the Teaching Career at the moment this Act becomes effective and is classified as:
Section 8.03.- Consideration of Promotion of existing members Every teacher and librarian-teacher, who voluntarily, and by virtue of Act No. 158 of July 18, 1999, has joined or is a member of the Teaching Career at the moment this Act becomes effective, and wishes to be considered for a different level to that which corresponds to him/her by virtue of Section 8.02 of this Act, shall comply with the requirements inherent to the level for which he/she requests promotion."
Section 10.- Chapter X is hereby amended and renumbered as Chapter IX of Act No. 158 of July 18, 1999, as amended, to read as follows: "CHAPTER IX FINAL PROVISIONS Section 9.01.- Protection of Rights No provision of this Act shall modify, revoke, alter or invalidate the vested rights of the teaching personnel of the Public Education System.
Section 9.02.- Effectiveness of Existing Regulations
The administrative standards and regulations in effect that are not incompatible with the provisions of this Act, shall remain in effect until repealed or amended.
Section 9.03.- Non-applicability of Laws The provisions of Act No. 34 of June 13, 1966, as amended, shall not apply to the members of the Teaching Career.
Section 9.04.- Severability If any part of this Act is found to be unconstitutional by a Court of competent jurisdiction, the remaining provisions shall have full force and effect.
Section 9.05.- Appropriation of Funds.- As of fiscal year 2000-01, the funds for the implementation of this Act shall be consigned annually in the Expense Budget corresponding to the Department of Education.
Section 9.06.- Effectiveness This Act shall take effect immediately after its approval, with the exception of the provisions related to the incentives corresponding to the levels, which shall take effect July 1, 2003.
Any person who does not belongs to the Teaching Career, whose classification is included in Section 2.02 and wishes to participate in the Teaching Career, shall have one (1) year as of the effective date of this Act to request admission to it.
I hereby certify to the Secretary of State that the following Act No. 208 (H.B. 2560) of the $3^{ ext {rd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Chapter I; to repeal Chapter II; to amend and renumber Chapters III, IV, V, VI, VII, VIII, IX, and X of Act No. 158 of July 18, 1999, as amended, known as the "Teaching Career Act," in order to temper its provisions with the provisions of Act No. 149 of July 15, 1999, as amended, Organic Act of the Department of Education of Puerto Rico, and of Act No. 45 of February 25, 1998, "Puerto Rico Public Service Labor Relation Act;" to provide the classification system; establish procedures for promotions and to provide for the Individual Plan for Professional Advancement and the continuing education programs, etc. has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $23^{ ext {rd }}$ of November of 2004.
Elba Rosa Rodríguez-Fuentes Director