MAJOR EDUCATION REFORM LAW APPROVED BY CHILEAN CONGRESS;

UNCLAS SANTIAGO 000327

SIPDIS

E.O. 12958: N/A
TAGS: PGOV SOCI SCUL CI
SUBJECT: MAJOR EDUCATION REFORM LAW APPROVED BY CHILEAN CONGRESS;
TEACHERS ON STRIKE

REF: 06 Santiago 1204


1. (SBU) Summary: Both houses of Chile's Congress on April 1
passed a new General Law for Education (LGE) that aims to broadly
reform primary and secondary public education. The LGE is based on
a widely-applauded bipartisan agreement signed between the
Concertacion government and opposition leaders in 2007. Once
approved by the Constitutional Tribunal (TC) the LGE can be signed
into law by President Bachelet. While the LGE reform law marks a
significant achievement of the Bachelet era, further legislative
reforms and careful implementation will be required if the LGE is to
fulfill its promise of bringing about a high-quality public
education for all Chileans. End Summary.

Education Reform Finally Passed Amidst Dismal Performance Results
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2. (U) On April 1, nearly three years after high school students
took to the streets in massive numbers to protest the generally low
quality of public education, both houses of Congress passed a new
General Law for Education (LGE) reforming primary and secondary
public education. The legislation is now up for review by the
Constitutional Tribunal (TC),as the LGE would modify certain
constitutional statutes. Once approved by the TC -- a process
expected to take 30 days -- the LGE can be signed into law by
President Bachelet.


3. (U) During the same week the LGE was approved, dismal test
results assessing the performance of future teachers were released.
Sixty percent of graduates from university programs in education
reportedly were unable to answer even half of the test questions
correctly. The test scores of English teachers were said to be
distressingly low. In another education development this week,
Chile's overall higher education system, which includes teacher
education programs, was sharply criticized in a newly-released OECD
report.

Genesis of the LGE: The "Penguin Revolution"
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4. (U) The Organic Constitutional Education Law (LOCE) -- the last
law passed by Pinochet's government in March 1990 -- decentralized
the government's role in education by transferring responsibility
for public education to municipalities and private entities.
Funding is provided through a per-student government subsidy. The
LOCE has been criticized for its emphasis on "the freedom to
educate" (a euphemism for applying free-market principles to
education) rather than on citizens' rights to education. Because
the LOCE is a constitutional law, four-sevenths (57 percent) of
congressional votes are required to change or replace it.


5. (U) Chile has a "mixed" system of education. Municipal schools
provide tuition-free public education, publicly- subsidized private
schools usually charge a modest tuition, and fully private schools
have higher tuition rates. A series of reforms since the mid-1990s
increased educational access and lengthened obligatory schooling to
12 years, but did little to address concerns about the quality of
public education. While there are some exceptions, municipal
schools typically provide low-quality schooling to Chile's most
economically disadvantaged students, and the best-quality education
is found in expensive private schools that serve less than 10
percent of the total student population.


6. (u) In the middle ranges of the quality scale are the
publicly-subsidized private schools which, unlike municipal schools,
are permitted to screen applicants for academic, behavioral, or
economic factors. The low quality and generally poor facilities of
municipal schools lead many low to middle-income parents to opt for
subsidized private schools if they can afford it, further
concentrating the most disadvantaged and lowest-achieving students
in the beleaguered municipal system.


7. (U) Massive yet relatively peaceful student protests in 2006 --
known as the "Penguin Revolution" (because of the dark blue and
white uniforms typically worn by students through the high school
level) -- received widespread public attention and support (Reftel).
These protests forced education reform onto President Bachelet's
agenda early in her term. Student demands at that time were
targeted at replacing the LOCE and improving the quality of Chile's
public education in grades Kindergarten through 12.


8. (U) In response to the 2006 student protests, President Bachelet
formed a Presidential Advisory Committee on Education Quality that
brought government officials, educators, and students together to
debate education reform and to offer proposals to improve

educational quality. That commission, which both student and
teacher representatives eventually abandoned, presented its findings
to President Bachelet in December 2006.

LOCE vs. LGE: A Contentious Legislative Process
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9. (U) In April 2007, President Bachelet sent forward a bill based
on the Education Commission's proposals that would replace the LOCE
with a new General Education Law (LGE). After months of debate and
negotiations between the Concertacion and the opposition Alianza, a
bipartisan accord regarding changes to the bill was endorsed in
November 2007, to considerable celebration.


10. (U) Despite the much-lauded 2007 agreement, the congressional
debate heated up again in 2008. Concertacion lawmakers presented
157 amendments to the LGE in the Chamber of Deputies, to the
annoyance of opposition legislators, who then threatened to kill the
bill. Central to the debate were the definition of "public
education," the role of the State, and a questioning of the current
role of for-profit educational institutions. Finally, Bachelet
herself signed a protocol promising her own Concertacion legislators
that she would send a separate, new bill to Congress during the last
half of 2008 to specifically strengthen public (municipal)
education.

"Neither LOCE Nor LGE"
--------------


11. (U) Although the LGE bill replaces the LOCE, responding to a
primary demand of the 2006 student movement, both students and
teachers have continued to protest against the reform. Protests and
marches were held throughout 2008 with the slogan "Ni LOCE Ni LGE"
(Neither LOCE nor LGE),claiming that the LGE is merely a cosmetic
makeover of the dictatorship-era LOCE and fails to adequately
address their primary concerns for reform of public education. The
maintenance of for-profit educational institutions within the public
education system is one bone of contention for both students and
teachers.


12. (U) Meanwhile, the National Association of Teachers held a
nationwide strike on April 2, with support from university student
federations. Teachers claim that the reforms in the LGE support
neither students nor teachers. However, their principal complaint
is that the law would allow university graduates who lack teaching
degrees to teach in the public schools. They have vowed to continue
public protests against the LGE now that it has been approved by
Congress.

The LGE: A New Framework for Public Education
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13. (U) The LGE, which will supersede the Pinochet-era LOCE, is a
framework law guaranteeing the right to a quality public education.
The law is considered to be more democratic and contemporary than
the constitutional law that predates it. The LGE seeks to:

-- Strengthen Chile's mixed education system of public municipal
schools and publicly-subsidized private schools;

-- Reinforce school autonomy as an essential aspect of
effectiveness, and require schools to be accountable for the
learning outcomes of their students;

-- Prohibit the selection of students based on economic or academic
measures between first and sixth grades in municipal and subsidized
private schools, and introduce a series of innovations to the
organization and duration of the school cycle (Note: The change
decreases primary school from eight years to six, and lengthens high
school from four years to six.);

-- Permit university graduates in fields other than education (i.e.,
individuals without teacher certification),whose university
programs have a minimum degree requirement of 8 semesters, to teach
in schools for a three-year provisional period, extendable for an
additional two years upon request of the school principal. After
this period, professionals would need to demonstrate that they have
been granted teaching credentials or are taking the courses
necessary to obtain one;

-- Clearly define and establish the roles of participating
institutions, and the process for creating new institutions. The
Ministry of Education is to guide the overall system. The National
Education Council will set forth the curriculum and approve learning
standards. The Quality Assurance Agency will review and evaluate

learning standards and results. Schools receiving public subsidies
will be accountable to a new Education Superintendency that will
regulate the system and ensure transparency. School owners will
have to comply with more stringent requirements in order to be
eligible to offer publicly-subsidized education.

Comment
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14. (SBU) The passage of the LGE education reform is a significant
achievement for President Bachelet even though it was preceded by a
tortuous process of rancorous debates, missteps and delays.
However, passage of the LGE provides only the framework for
education reform. Further legislation and careful implementation
will be necessary if the LGE is to fulfill its lofty promise of
ensuring a high-quality public education for all Chileans. Recent
test results, the extensive OECD criticism, and further reports on
education quality will keep education reform in the public eye for
the foreseeable future. At this point in Bachelet's final year in
office, it is unlikely that the LGE, which still needs to be signed
into law, will be implemented until a new presidential
administration takes office in 2010.
SIMONS