Chilean Senate Approves Modern Regulations to Facilitate Educational Establishment Creation

The Chilean Senate has approved a bill designed to streamline the creation of new educational establishments and regulate the terms under which existing subsidized schools operate. The initiative addresses issues related to property titles, lease agreements, educational planning and funding mechanisms.

Key Provisions of the Approved Bill

The approved legislation introduces several key changes to existing regulations:

• Property Titles and Leases: The bill clarifies the requirements for proving ownership or possession of properties used by subsidized schools, specifically regulating lease and loan contracts. These contracts must now be recorded in a public deed and registered with the Real Estate Registrar, with a minimum duration of eight years and automatic renewal unless otherwise specified. Restrictions on related parties will apply only to lease contracts. Rental fees are capped at 11% of the annual tax valuation of the property, though higher amounts are permissible under market conditions.
• Educational Planning and Demand: The Ministry of Education is now obligated to annually publish updated information on school demand and its territorial projection. This will facilitate the creation of new courses, levels, or establishments in areas with unmet needs. Subsidies can be requested even without a formal call for proposals, provided sufficient justification is presented.
• School Performance and Funding: Establishments demonstrating high or medium performance for three consecutive years may be authorized to absorb or manage lower-performing schools. The bill also regulates changes in financing from private paid establishments to free subsidized ones.
• Alternative Education: The legislation addresses regulations for alternative school projects, hospital classrooms, and prison schools, exempting some from specific requirements.
• Administrative Procedures: Administrative resolutions must align with the applicant’s requests without imposing more stringent conditions. Deadlines in existing laws are also extended.
• Transitional Provisions: Non-profit organizations will be allowed to maintain existing lease contracts until 2032 or 2036, after which they must comply with the new regulations.

Legislative Process and Fiscal Impact

The initiative originated from a motion sponsored by Senators Carmen Gloria Aravena, Paulina Núñez, José García, Gustavo Sanhueza, and Matías Walker. It was analyzed by the Education and Finance Commissions before being approved by the Senate on January 21st and subsequently sent to the Chamber of Deputies for review. The increased fiscal expenditure associated with the bill will be financed through the Ministry of Education’s budget and, if necessary, from the Public Treasury.

Recent Legislative Activity of Senator Aravena

Senator Carmen Gloria Aravena has been actively involved in recent legislative debates. In November 2025, she voted against the accusation constitutional against Diego Pardow, alongside other senators from RN and Evópoli [Source: The Clinic]. She also collaborated with Senators Paulina Núñez and María José Gatica to advocate for the restoration of resources for the Chile Crece Contigo program and the Subsecretaría de la Niñez in the 2025 budget [Source: La Nacion].

As of February 24, 2026, Carmen Gloria Aravena continues to serve as a Senator representing the 11th Constituency of the La Araucanía Region, with her current term ending in 2026 [Source: Wikipedia].