Esta ley enmienda la Ley Orgánica del Departamento de Educación de Puerto Rico para permitir que el Secretario de Educación celebre acuerdos, contratos y convenios con municipios, otras agencias gubernamentales, empresas privadas y comunidades. El propósito es garantizar el bienestar, desarrollo y seguridad de la comunidad escolar, facilitando la implementación de programas como "Mi Escuela Amiga" para prevenir la violencia, el uso de sustancias controladas y el ausentismo escolar.
(Approved on August 1, 2003)
To add subsection
(y) to Section 6.04 of Act No. 149 of July 15, 1999, as amended, known as the "Organic Act of the Department of Education of Puerto Rico" for the purpose of allowing the Secretary to enter into agreements, contracts and covenants with municipalities, other government agencies, private enterprises and communities to guarantee the welfare, development and safety of the school community.
The right to education stems from Section 5 of Article II of the Constitution of the Commonwealth of Puerto Rico. Such constitutional provision secured the right that every person has to be educated, in the cases of primary and secondary school, without charge, for said instruction to develop the personality and the intellect of Puerto Ricans, as well as to strengthen respect for human freedom in other citizens of the country. It should be noticed that the Government of the Commonwealth of Puerto Rico understood that the establishment of mandatory classroom attendance was indispensable for the individual and general welfare of Puerto Rico.
Act No. 149 of July 15, 1999, as amended, known as the "Organic Act of the Department of Education of Puerto Rico," set forth four elements which were the basis for the Integral Reform of the Public Education system:
Education is essential in the life of peoples, since it enables students to develop in their historic time and geographic space to become aware of the laws and principles that govern nature, to respect the harmony that must exist between man and the environment; to acquire fluency in oral and written communication in their vernacular; to awaken their talents and channel them to fruition; to promote a healthy and positive awareness of their own identity, as well as valuing respect for their fellow beings; and to help to face situations where the common good conflicts with individual good.
The municipality of Dorado has joined forces with the Department of Education, parents, students, the Department of the Family, the State Police, the Municipal Police, and the private sector to implement the "Mi Escuela Amiga" Program. The purpose of the Program is to join forces in the community to prevent violence, and the use of controlled substances from entering Puerto Rican schools; and the final elimination of truancy. In addition to strengthening the quality of service of the schools participating in said Program, students shall be guaranteed a safe school environment, encouraging them to remain in the school buildings. The Secretary of
Education, the Honorable César Rey, has expressed through the media that the Program "is a fruitful testimony of the results achieved when agencies, municipalities and government authorities work jointly to serve the citizenry."
Through the "Mi Escuela Amiga" Program the wish is to improve the physical condition of the schools; establish school police booths; have preventive surveillance patrols; cover basketball courts, locate areas for table games and exercise; and have benches on school yards, among other things. The Puerto Rico Legislature deems warranted for the Secretary of the Department of Education to have, within his powers and duties, the possibility of establishing the "Mi Escuela Amiga" Program in coordination with all the municipalities that voluntarily wish to join in favor of the welfare, development and safety of the students in their respective towns.
Section 1.- Subsection
(y) is hereby added to Section 6.04 of Act No. 149 of July 15, 1999, as amended to read as follows: " Section 6.04.- Administrative Powers and Duties of the Secretary.As Administrative Director of the Puerto Rico Public Education System, the Secretary shall:
(a) ... .
(y) Adopt and create rules concerning projects and proposals by municipalities, other government agencies, the private sector, and communities that guarantee the welfare, development and safety of the school community. For such purposes he/she can enter agreements, contracts and covenants to be voluntarily implemented in schools. Under no circumstances shall public
money be used to sponsor private schools to the detriment of public schools."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 176 (H.B. 3324) of the $5^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add subsection
(y) to Section 6.04 of Act No. 149 of July 15, 1999, as amended, known as the "Organic Act of the Department of Education of Puerto Rico" for the purpose of allowing the Secretary to enter into agreements, contracts and covenants with municipalities, other government agencies, private enterprises and communities to guarantee the welfare, development and safety of the school community, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $28^{ ext {th }}$ of June of 2004.
Elba Rosa Rodríguez-Fuentes Director