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The Court of Appeals of San Miguel established that the President Salvador Allende Gossens elementary school in El Bosque met the requirements to sanction, as a measure of last ratio, yet student with the reduction of their school day attended to their serious misconduct and the protection of the school community in general.
In unanimous decision (see attached file), the First Chamber of the Appeal Court accepted an appeal filed against the Superintendency of Education and annulled a fine imposed on the Bosquino municipality, holder of the college.
In its judgment, the Court accredited that “the year 2017 student repeatedly assaulted his classmates, even one of them on more than one occasion; He threw stones at his classmates while they were doing sports activities; insulted, scribbled and made fun of his teachers on various occasions; hit the furniture that line the classroom during the course of it, and he did the same about the bathroom from the school, causing several damage. “
Also, the child “he pulled down a classmate’s pants to make fun of him; He threw a table over his companions and attacked the assistant staff of the establishment with foot strokes; and, in addition to that, constantly he left the classroom, with the consequent risk to his own integrity. “
In its resolution, the Court recalled that Article 6 of Decree with force of law No. 2, on Education, of 1996, on State subsidies to educational establishments, provides that “only the sanctions or disciplinary measures contained in the internal regulations may be applied , which, in any case, will be subject to the principles of proportionality and arbitrary non-discrimination “.
Second, it pointed out that Ordinary N ° 476, of 2013, of the Superintendency of Education, prescribes that to apply a measure such as that of the species it is required that it be exceptional and only “If there is a real danger to the physical or psychological integrity of any member of the educational community, which must be duly accredited.”
The court found that “The dangerousness budget required in the standard was satisfied, with respect to the measure adopted by the college “and, in the same way, it found that “The educational center applied, during 2017, a series of measures prior to reducing the working day.”
“Indeed, the student’s resume identifies that: he was reprimanded several times and the general inspectorate had to intervene; his parents were summoned to school several times; he was suspended from classes and left on a conditional basis; and, finally, the course was changed during the year, without any of these measures having the expected effect, “he said.
Based on all these antecedents, the Court concluded that the decision of the college “seems consistent, then, with a measure of last ratio, exceptional, which is seen as applied only when other measures were not sufficient to obtain the aim sought in the regulation, and it is noted that the educational center weighed the fundamental right to education of the child, on the one hand, and the physical or psychological integrity of the rest of the educational community, on the other “.
