The LOCE was enacted on the 7th of March 1990 and published three days later, aims to set the minimum requirements to be fulfilled in the levels of primary and secondary education, regular the duty of the state to ensure compliance and to regulate the process of official recognition of educational institutions at all levels. It consists of 87 items and 8 items permanent transient, and given its organic law of the republic, its possible amendment or repeal requires a quorum of 4 / 7 in both chambers. Since its enactment it has undergone some modifications, incorporating significant elements (maternity protection, recognition of human rights, promotion of preschool education, among others), but have not played the original kernel of this Act. What aspects are particularly critical in the LOCE ‘Role of the State and the Right to Education: states that the duty of educating belongs preferentially to the family, while the state must “provide special protection to the exercise of this right ‘(Art. 2 ). Also in section 3A of the LOCE indicates that it is the duty of the State ‘guard especially freedom of teaching’ and to finance a free system that ensures access to basic education. Role of the state is also set minimum content and objectives of teaching. Requirements for holder (or the exercise of freedom of teaching): Article 21 of the LOCE noted that the State ‘will recognize’ officially to the basic school and a half they meet the following requirements: have a sostenedo (individual or legal) must be licensed media stick to plans and curriculum officers, teachers possess, adequate management and support operate in premises that meet general standards have adequate furniture and teaching materials. Another relevant aspect of the current law is the fact LOCE allow holders of primary and secondary establishments to profit, have no legal possibility of higher education institutions. Exclusion and Selection: Section 9A of the LOCE bis, introduced in November 2004, advance in regulating the processes of selection of students, noting that this must be ‘objective and transparent’, with reporting obligation of the holder: Number of vacancies, deadlines, types of tests that will be subjected to, charges to be made, history and requirements to nominate candidates.
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