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The Council of Rectors of Chilean Universities (CRUCH) held its monthly session in the city of Copiapó, an activity organized by the University of Atacama.
During the meeting, the university rectors were able to analyze the current situation regarding free higher education, following the approval of clause No. 5 in the Budget Law and the presentation of opposition members of parliament to the Constitutional Court (TC).
“We value the political decision of both the government and Parliament because this initiative was approved, though not without problems, errors, or mistakes,” said the executive vice president of the Council of Rectors regarding the approval of the Budget Law, which includes clause No. 5 to finance free higher education for the five most vulnerable income deciles starting in 2016. “During our monthly meeting, we analyzed this approval in Congress and believe it will represent relief for thousands of young people and their families who will no longer have to go into debt to finance their higher education,” Valle stated. He also reiterated CRUCH's commitment to this public policy for the benefit of the country, “regardless of the governments in power, decisions, or political sympathies that may exist, this directly benefits those who need it and can better serve the country.”.
Regarding the recent presentation by some opposition parliamentarians to the Constitutional Court (TC) to reverse the initiative, the rector of the University of Valparaíso was clear in stating that “regardless of which political sector initiated this presentation before the TC, we believe it is not good to transfer political differences from Congress or from the political arena to a body of constitutional jurisdiction; it is not good to put the TC in the position of having to make decisions that have a political effect that responds, in our opinion, to political differences beyond any legal considerations that may exist,” stated the executive vice president of the Council of Rectors.
Despite the current situation, Rector Valle expressed confidence that the free tuition policy will continue, even with an adverse ruling. “If there were an adverse ruling, Parliament retains the power to establish another way in which this public policy will be implemented, because the Constitutional Court cannot substitute its political powers for those of Parliament and the Executive Branch.” Thus, the CRUCH (Council of Rectors of Chilean Universities) leader considers it legitimate for its institutions to be part of this free tuition policy. “We are institutions that have served the country for many years, doing so in accordance with standards that are widely recognized in Chilean society, and therefore we firmly believe that we should be part of this initiative, which means that thousands of young people next year will no longer have to go into debt to access higher education,” he explained.
For his part, Francisco Martínez, Head of the Higher Education Division (DIVESUP) of the Ministry of Education (MINEDUC), said that the presentation to the Constitutional Court is very extensive and covers several issues on which it could rule. Therefore, it is not easy to identify the possible scenarios. “That is why we must wait for the Constitutional Court's opinion and analyze it within its context to see what situation we will face,” said Martínez, who participated in the CRUCH session. The head of DIVESUP also stated that the Constitutional Court is not being asked to eliminate free tuition. “What may be under discussion are aspects of how free tuition will be implemented, not the existence of the benefit itself. Nor is the power to use resources being modified. If you read the text of the Constitutional Court's ruling that we are analyzing, it generally refers to specific implementations that appear in the explanatory notes, and not to the existence of free tuition,” he clarified.
Presentation of the Reform
Regarding the possible postponement of the presentation of the Higher Education Reform bill, Rector Aldo Valle said, “We feel we are wasting time because it is very important that the government present the bill as soon as possible, but we understand that if the deadline has been extended and this will benefit us by producing a better bill, we support this additional time for a project that is decades behind schedule.” In this scenario, a delay of one or two months may not be so significant, but Valle clarified that there is an urgent political need that cannot be postponed.
According to the latest modifications in the Budget Law procedures, there will no longer be agreements between institutions and the State. Instead, institutions will unilaterally declare to the Ministry of Education (MINEDUC) their intention to participate in the free tuition program under the conditions established in the budget allocation. This issue was discussed by university rectors with the head of the Directorate of Higher Education (DIVESUP), who pointed out that some institutions still have significant gaps. "We find it unacceptable that some institutions still have gaps that pose a threat to formulating their budgets for 2016. While the information we have received indicates that these gaps are decreasing, in the case of some universities, these gaps are burdensome," Valle stated.
Regarding this, Francisco Martínez acknowledged that “we have been working systematically, throughout this time, trying to narrow down these discussions, and we continue to do so, since we are still working with the institutions and there are some situations with open issues, but these will continue to be analyzed. It is a matter on which we have a broad willingness to clarify and refine.” The head of DIVESUP urged people not to forget that these are estimates that vary according to parameters, such as how one estimates what will happen. “What will actually occur will happen when the student enrolls and it is verified which student is admitted, and that will happen, both for tuition-free education and for scholarships. Therefore, this issue goes beyond the scope of a preliminary analysis we are conducting to share opinions, but the existence of gaps does not belong to public policy. The gaps refer to estimates and have nothing to do with reality,” Martínez argued.
When asked about the process for universities to join the free tuition program, Martínez explained that the universities themselves must express their decision to do so, and they have until December 22nd to do so. “The timeline is clear and agreed upon; by December 22nd, several days before students have to enroll, it will be clear which institutions are participating in the process. We believe there is a very positive attitude toward participation; in general, the institutions are ready to join the free tuition program, and we are just waiting for the Constitutional Court to finalize the matter so we can implement the entire process,” he concluded.
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