Resolution of September 1, 2022, of the Public Agency




The Legal Consultant

summary

Decree-Law 1/2017, of March 28, on urgent measures to promote schooling in the first cycle of early childhood education in Andalusia (BOJA extraordinary no. 1, of March 29), approves the regulatory bases of the Program of Aid to families to promote schooling in the first cycle of early childhood education in Andalusia, hereinafter Aid Program, whose purpose is to grant aid to families to promote the schooling of students under 3 years of age in educational centers of the first cycle of early childhood education adheres to said program, by means of the bonus of the price of the services of socio-educational attention and school canteen, determined in Decree 149/2009, of May 12, which regulates the centers that teach the first cycle of early childhood education.

Section 5 of the Seventh Base of the Regulatory Bases of the Aid Program establishes that the collaborating entities must sign an agreement with the General Directorate of the Andalusian Public Agency for Education, whose content and particularities will be those established in article 16 of the Law 38/2003, of November 17, among which an economic compensation in favor of these is contemplated.

In this regard and in accordance with said regulations, the collaborating entities have proceeded to sign the corresponding collaboration agreement. In the twelfth stipulation of the aforementioned agreement, it is established that the collaborating entity will receive financial compensation derived from the costs of its participation in the management of the aid, proportional to the number of students enrolled in the ordinary procedure for each school year and of beneficiaries of aid. in the annual resolution of the corresponding call in the educational center of the first cycle of early childhood education adhered to the Aid Program and for an amount whose formula will be determined annually by resolution of the General Directorate of the Andalusian Public Agency for Education.

For the reasons stated, this General Manager

IT HAS BEEN RESOLVED

1. In order to comply with the provisions of the extraordinary BOJA base no. 1, of March 29), an economic compensation is approved whose total maximum budget will be equal to 5% of the initial credit approved in the annual call for Aid to families to promote the schooling of children under 3 years of age in educational centers of the first cycle of early childhood education adheres to said Program for the 2022-2023 academic year, which is financed with credits from the Public Agency budget Andalusian Ministry of Education and will be charged to budget positions G/42I/44101/00, G/42I/46001/00, G/42I/46701/00, G/42I/47000/00 and G/42I/48001 /00.

The calculation of the economic compensation for each collaborating entity will be determined by the following formula:

  • a) With a maximum limit of €45 for each boy or girl enrolled at the end of the enrollment formalization period in the ordinary procedure for the 2022-2023 school year, in the first cycle early childhood education center attached to the Aid Program , according to the following formula:

  • b) Including a maximum limit of €55 for each boy or girl from the first cycle early childhood education center attached to the Aid Program that appears as a beneficiary of aid in the Resolution of July 25, 2022, by which it is made publishes the final list of beneficiaries of the Family Aid Program to promote schooling in the first cycle of early childhood education for the 2022-2023 academic year, in accordance with the following formula:

In all cases, a minimum of 1.200 euros is subscribed per unit that the adhering center has in operation of those sealed by the General Directorate of Planning and Centers of the Minister with competence in Education.

2. The payment of this economic compensation will be made nom later than the liquidation corresponding to the monthly payment of July of each school year, for all the entities that participate in the management of the aids.

3. In those cases in which the collaborating entity has failed to comply with any of the obligations contained in the fourth stipulation a) of the collaboration agreement signed with the Andalusian Public Agency for Education, the proceed to the payment of any financial compensation.

4. Once the calculation of the economic compensation for each collaborating entity has been determined, the list of the collaborating entities and the amount of compensation that corresponds to them will be published, by resolution of the General Directorate of the Andalusian Public Agency for Education. .

Against this resolution that exhausts the administrative route by virtue of article 33 of Decree 194/2017, of December 5, by which the Statutes of the Andalusian Public Agency of Education are approved, the interested parties may file, before the Court of the Contentious-Administrative of Seville, contentious-administrative appeal within a period of two months, counting from the day following the publication of this resolution, as provided in articles 10 and 46.1 of Law 29/1998, of 13 Julio, Regulator of the Contentious-Administrative Jurisdiction; It may be optionally appealed for replacement, within a month, counting from the day following the publication of this resolution, in accordance with articles 123 and 124 of Law 39/2015, of October 1, on Administrative Procedure Common for Public Administrations.