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El Ciudadano

Original article: “Legislar a tontas y a locas”: oposición acusa fracaso del Gobierno tras fallo del TC contra Escuelas Protegidas

The Constitutional Court’s ruling that declared four articles of the Protected Schools Law unconstitutional ignited a wave of criticism from the opposition, labeling the judicial setback as a «stunning failure» of President José Antonio Kast’s administration and warning that «legislating recklessly» will not benefit education or the country.

Tuesday’s session in the Education Commission of the Chamber of Deputies was dominated by the significant blow dealt by the court, which struck down key provisions of the controversial regulation pushed by La Moneda. Among these were the loss of the five-year university tuition waiver for students convicted of serious crimes, the review of backpacks, and the ban on wearing hoods and items that hinder facial identification of students.

The Court determined that these measures exceeded constitutional limits, infringing upon fundamental rights such as equality before the law, the right to education, privacy, and due process, which will require the Executive to enact the law excluding the contested provisions.

Criticism from the opposition was swift and pointed directly at how the Government managed the legislative process. Deputy Emilia Schneider (FA) was among the most vocal critics, recalling that repeated warnings regarding the project’s design had been presented throughout its advancement.

“We stated on numerous occasions, submitting over 70 proposals to improve this project, inviting technical voices who criticized this initiative, only to be met with a dismissal from the Ministry of Education,” the parliamentarian lamented, highlighting what she perceived as the Executive’s disregard for the technical and substantive concerns raised by the opposition.

“Those Who Lose from This Stunning Failure Are the Educational Communities”

Schneider’s questioning extended beyond the project’s content to the legislative methodology employed by the Government. The Frente Amplio member argued that the legislative debate was not taken seriously, and that criticisms were routinely ignored during discussions. “We were accused of trying to delay or obstruct, but the truth is we were ensuring that this project conformed to the country’s legal framework,” she asserted, referencing the demands presented to the Constitutional Court that ultimately resulted in the ruling.

The deputy characterized the government’s strategy with a statement that resonated strongly in the commission: “Legislating recklessly will not bring benefits to either the country or Chilean education,” emphasizing that the negative impacts of this court decision fall directly on educational communities, which she described as the primary victims of what she termed the administration’s «stunning failure».

“Those who lose from this stunning failure are the educational communities; it is not us,” she concluded, as reported by Diario U. de Chile.

Deputy Juan Santana (PS) joined the criticism, questioning the legislative outcome of the initiative, indicating that the project would have no effect on educational communities and contains illegal provisions within the constitutional framework. Santana supported prior warnings, stating that “all the experts had advised against this, yet they choose to push it through anyway.”

In response to this scenario, Education Minister María Paz Arzola noted that La Moneda would await the complete ruling from the judicial body before defining a stance. “Clearly, there is a foundation that we do not yet know, which prevents us from commenting further on the Constitutional Court’s ruling,” explained the Minister.

La entrada Opposition Criticizes Government’s Legislative Failures Following Constitutional Court Ruling on Protected Schools se publicó primero en El Ciudadano.