Esta ley autoriza al Secretario del Departamento de Educación a contratar maestros jubilados para cubrir plazas vacantes en situaciones de difícil reclutamiento, con el fin de asegurar la continuidad del servicio educativo. Define "situaciones de difícil reclutamiento" y "maestros jubilados", y establece que la contratación se realizará cuando no haya personal disponible en los registros de elegibles y reclutamiento especial, siguiendo la ley orgánica, el convenio colectivo y otras regulaciones. Exime a los maestros contratados de ciertas prohibiciones de la Ley de Ética Gubernamental y garantiza que la contratación no afectará sus derechos de pensión.
(Approved May 24, 2002)
To authorize the Secretary of the Department of Education of the Commonwealth of Puerto Rico to contract retired teachers in order to fill vacant teacher positions in situations of difficult recruiting.
The Constitution of the Commonwealth of Puerto Rico recognizes in its preamble the fervor for education as one of the most determining factors in our life. Likewise, our Bill of Rights recognizes that "every person has the right to an education which shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms." Based on theses principles, our Constitution establishes a free and non-sectarian Public Education System.
At Federal Level, Puerto Rico is the third largest school district in the United States and its territories. In the beginning of the new academic year, some schools had no teachers or directors. Among other reasons, the deficit is due to the fact that a great number of teachers chose the early retirement window offered by the Department of Education of the Commonwealth of Puerto Rico. On the other hand, the bureaucracy and complexity of the process for appointing teachers has made the designation of these teaching professionals difficult. In addition, there are areas of study such as physical education, fine arts, vocational, chemistry, math, English and special education where the recruitment of teachers turns out to be even more
difficult. As a consequence, the academic progress of the students is affected by the administrative changes of the government's Education System.
The Constitution of the Commonwealth of Puerto Rico imposed upon the Legislature the duty of creating laws that allow the enforcement of a government structure and a public policy. The Legislature is the government entity called to enforce the constitutional mandate to establish and outline the Public Education System.
With this scenario as starting point, and in order to avoid that situations, whether foreseen or not, can upset the delicate duty of teaching, this Legislature authorizes the Secretary of the Department of Education of the Commonwealth of Puerto Rico to contract retired teachers to temporarily fill vacant teachers positions in situations of difficult recruitment.
Section 1.- Short Title.- This Act shall be known as "Emergency Teacher Appointment Act." Section 2.- Definitions.-
(a) Situations of difficult recruitment - means situations in which the supply of teachers is lower than the demand.
(b) Retired teachers - means teachers who avail themselves of the System of Annuities and Pensions for Teachers established through Act No. 218 of May 6, 1951, as amended, known as "Teachers Retirement Act," or any other retirement system of the Government of Puerto Rico or its instrumentalities.
Section 3.- Contracting retired teachers.- The Secretary of Education of the Commonwealth of Puerto Rico is hereby authorized to contract retired teachers to temporarily fill vacant
teachers positions in situations of difficult recruitment, as long as there is no personnel available in the registry of eligible teachers and the registry of special recruiting; said recruitment shall be made pursuant to the provisions of the organic act and the collective bargaining agreement, as well as circular letters and memos which regulate these procedures.
Section 4.- Government Ethics.- The teachers contracted in agreement with the provisions of this Act are hereby exempted from the prohibitions of subsection
(e) of Section 3.7 of Act No. 12 of July 24, 1985, as amended, known as "Ethics in Government Act of the Commonwealth of Puerto Rico."
Section 5.- Effects on the Pension.- The provisions of this Act shall not limit or reduce whatsoever the rights acquired by the provisions of Act No. 218 of May 6, 1951, as amended, known as "Teachers Retirement Act."
Section 6.- Effectiveness This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 68 (H.B. 2121) of the $\underline{3}^{ ext {id }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to authorize the Secretary of the Department of Education of the Commonwealth of Puerto Rico to contract retired teachers in order to fill vacant teacher positions in situations of difficult recruiting, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $30^{ ext {th }}$ of April of 2004.
Elba Rosa Rodríguez-Fuentes Director