State Regulation of Private and Home Schools — Map

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Accreditation, Registration, Licensing, and Approval

• Accreditation: optional
  • The General Education Council (Council) has the power to accredit private schools that request accreditation in order to corroborate that their operations and programs are at satisfactory levels of excellence. Laws of Puerto Rico Annotated (L.P.R.A.) Title 3 §148c.
  • The evaluation process for accreditation will verify the economic feasibility of the school, that the facilities are safe and not hazardous, that the school has definite, concrete, and enforceable policies and protocols against harassment and bullying among students, and that teaching personnel are recruited in a manner that is in line with the private school's criteria for implementing and communicating its educational philosophy and mission. 3 L.P.R.A. §148l.
  • Private schools may also be accredited by a national, regional, or specialized agency that has been recognized by the United States Department of Education or the Puerto Rico Department of Education. 18 L.P.R.A. §2120.
  • Accredited private schools may serve as practice centers for higher education students serving internships to obtain experience in teaching prior to their formal teaching practice. 18 L.P.R.A. §§471 and 472.
• Registration: no requirements
• Licensing: mandatory
  • The Council has the power to issue licenses and authorize the establishment and operation of elementary and secondary education institutions. 3 L.P.R.A. §148c.
  • The evaluation process for licensing will verify the economic feasibility of the school, that the facilities are safe and not hazardous, that the school has definite, concrete, and enforceable policies and protocols against harassment and bullying among students, and that teaching personnel are recruited in a manner that is in line with the private school's criteria for implementing and communicating its educational philosophy and mission. 3 L.P.R.A. §148l.
  • Licensing is compulsory for all private education institutions at the preschool, elementary, and secondary levels. Minimum requirements for licensing include the following: 1) a teacher certification or provisional certification issued by Puerto Rico's secretary of education; 2) facilities, equipment, library, and laboratory services that are compatible with the school's objectives; 3) an education plan and the means to implement the plan; 4) an economic viability study that shows the institution can reasonably comply with its commitments; and 5) a copy of institutional regulations that cover academic matters, student affairs, administrative matters, and fiscal matters. Licenses must be renewed every four years. Schools submitting evidence of accreditation will have their licenses automatically renewed. 18 L.P.R.A. §§2111, 2113, 2119, and 2120.
• Approval: no requirements

Teacher Certification

• Teachers in accredited private schools must hold current teaching certificates pertaining to their positions. 18 L.P.R.A. §266.
• A teacher in a licensed private school must hold a current teaching certificate or obtain a provisional certificate from the Puerto Rico secretary of education. Provisional certificates may be issued if the school shows that the faculty member has the necessary academic degree or proper professional experience compatible with the practices and standards prevailing in the academic community, or holds a master's degree or a Ph.D. in the corresponding academic field. 18 L.P.R.A. §2113(b).

Length of School Year and Days

• Puerto Rico's compulsory school attendance law requires private school students under 16 years of age to regularly attend school during the period of each year that public schools are in session, on the customary days, and during the regular hours of the school term. 29 L.P.R.A. §450.

Curriculum

• No territory policy currently exists.

Recordkeeping and Reports

• The principal of or a teacher at a private school must report the names of students under 16 years of age who are absent for a week during any month of school for employment purposes to the Puerto Rico secretary of labor and human resources immediately after the absence. 29 L.P.R.A. §452.
• The Puerto Rico Department of Consumer Affairs' attempt to inspect a Catholic school's internal records was found unconstitutional. In an effort to restrain inflationary trends and establish price controls, the department sought to review annual budgets, sources of finances, costs of transportation, etc. The United States Court of Appeals, First Circuit declared the practice an impermissible burden on the free exercise of religion and a threat of entanglement between the affairs of church and state. Bishop Ricardo Surinach etc., et al., v. Carmen T. Pesquera de Busquets, 604 F.2d 73 (1st. Cir. 1979).
• Puerto Rico's secretary of treasury is authorized to distribute copies of existing consumer protection legislation and regulations, free of charge, to private schools. 3 L.P.R.A. §341e.
• Use of a loudspeaker near a private school during school hours in a manner that disturbs the school's normal functioning is a misdemeanor. 18 L.P.R.A. §128.
• Each private school must keep an immunization record for every student. The records must be available for inspection by the Puerto Rico Department of Health. 24 L.P.R.A. §182g

Health and Safety Requirements

• Students are required to have the proper immunizations in order to be admitted to or enrolled in school. 24 L.P.R.A. §182 et seq.
• Any person who knowingly and intentionally distributes or possesses a controlled substance in a private school or in its surroundings is guilty of a felony and will receive twice the standard penalty for a first offense, and three times the standard penalty for subsequent offenses of possession. A subsequent offense of the introduction, distribution, possession for distribution, or sale of a controlled substance has a fixed term of 99 years of imprisonment. 24 L.P.R.A. §2411a.
• Businesses and establishments with adult entertainment machines must be over 200 meters from a private school. 15 L.P.R.A. §83
• Establishments providing access to coin- or token-operated electronic games, pinball machines, or lotteries may not be located within 200 meters of a private school. Businesses that are already established within 200 meters must not operate the coin- or token-operated machines during school hours. 15 L.P.R.A. §701
• The director of the Puerto Rico Bureau of the Lottery may not grant a license for a lottery to take place within 25 linear meters of a private school or school zone. 15 L.P.R.A. §809.
• Any person who enters the building or grounds of an elementary, junior, or senior high school without the permission of the director or person in charge, his or her substitute, or an official or employee of a higher rank, or who remains within the institution after being ordered to leave will be charged with a misdemeanor. 33 L.P.R.A. §2091.

Transportation

• The Puerto Rico secretary of transportation and public works is empowered to grant a non-transferable identification card to private school students that guarantees a 50 percent discount on the sale of an urban train ticket. 3 L.P.R.A. §430d(c)

Textbooks

• Puerto Rico law does not allow nonpublic students access to textbooks purchased with public funds. 18 L.P.R.A. §3.
• An accredited private school that requires students to purchase school textbooks must obtain the consent of the Parent-Teacher Association or Council or a parent assembly to determine the maximum budget per grade for, but not the content of, the materials. 18 L.P.R.A. §§158 and 160.

Testing

• No territory policy currently exists.

Special Education

• No territory policy currently exists.

Nursing and Health

• No territory policy currently exists.

Technology

• No territory policy currently exists.

Professional Development

• No territory policy currently exists.

Reimbursement for Performing State and Local Functions

• No territory policy currently exists.

Tax Exemption

• Nonprofit private schools are exempt from income tax. 13 L.P.R.A. §30471.
• Admission fees of private school athletic events and other types of events are tax exempt. 12 L.P.R.A. §32060.

Public Aid for Private Education

• Constitutional Provisions: Puerto Rico's Constitution prohibits the appropriation of public funds for non- commonwealth schools; but, the constitution expressly indicates that this mandate does not prevent the commonwealth from extending non-educational services for the protection or welfare of children. Puerto Rico Constitution Art. II, §5.Puerto Rico statutory law ensures that no person can be required to support any ministry, religious sect, or denomination against his or her consent. 1 L.P.R.A. §9.
• Programs for financial assistance for attendance at private schools: No such programs currently exist.

Initial and Renewal Applications

• "Attendance at public schools shall not be compulsory for those who are receiving education in schools established under the auspices of nongovernmental entities." 18 L.P.R.A. §2.

Curriculum and Instruction

• No territory policy currently exists.

Assessment and Diplomas

• No territory policy currently exists.

Public School Access

• No territory policy currently exists.

Information and Legislation

• Puerto Rico Department of Education
• Puerto Rico's Annotated Laws

• Puerto Rico Department of Education
  P.O. Box 190759
  Calle Federico Costa #150
  Hato Rey, PR 00919-0759
  Phone: (787) 773-5800
  Fax: (787) 282-6017
  Website: http://www.de.gobierno.pr/
• U.S. Department of Education, Puerto Rico