A/HRC/35/24/Add.1
D.
Scrutiny of financial operations of private providers of education
85.
During his visit, the Special Rapporteur was informed by the President of the Senate
Education Committee that nationalizing independent private schools was out of the
question on account of the huge sums of money claimed by the proprietors as compensation
for the real estate costs involved in running those establishments. Proprietors and owners of
independent private schools may make exaggerated claims when their “edu-business” is
questioned, for instance, because of the high costs of school infrastructure and buildings,
including real estate, and the need for compensation for inflated financial losses. They may
resist reforms and steps taken towards scrutinizing their financial operations.
86.
The Special Rapporteur considers that full scrutiny of the financial operations of
private providers of education, whether they are subsidized by the State or not, is of
paramount importance. The State has a legal obligation as well as a political and moral
responsibility to regulate the free market in education. Corporate interests and corporate
funding of higher education, which can result, for instance, in charging exorbitant fees,
raise questions not only about the affordability of higher education, but also ethical
questions when universities compromise their social function to engage in profit-making in
the name of academic independence.
87.
The Special Rapporteur recalls that, in accordance with the international norms and
principles governing the right to education, the overall conditions of provision of education
in private educational establishments, including the fees charged to students, are subject to
control and regulation in the same way that such establishments cannot pursue a curriculum
that is not in line with the national curriculum. Private providers of education can assume
their social responsibility to complement the public provision of education, but under no
circumstances can they reduce education to business. The Special Rapporteur is of the view
that the concept of education as a right, not a commodity, a concept that has been embraced
by President Bachelet, should by definition be applicable to all private educational
establishments, whether or not they are subsidized.
88.
As such, putting an end to for-profit education must encompass the entire education
system and all providers of education. Considering that private providers may seek to
maximize profits from education, strict rules and regulations are required to control revenue
accruing to owners of private educational establishments from all sources, notably by way
of tuition fees. Public authorities can establish policies that permit only reasonable fees to
be charged by private providers, with a ban on raising those fees without prior approval.
The need to regulate fees in private educational establishments is clear when one considers
that there are currently unaccredited technical training centres that are charging higher
average fees than their accredited counterparts.
E.
Regulatory framework
89.
The State is the legitimate authority to implement strict financial regulatory
measures covering all aspects of the education provided by all private educational
establishments. A strong regulatory framework is needed in order to effectively curb the
for-profit pursuit of education. Under the relevant international instruments, States’
obligations to respect and protect the right to education are relevant regardless of whether
the provider of education is public or private. Chile should develop and implement a
regulatory and monitoring framework for the private education sector ensuring respect for
the principle of non-discrimination and promoting inclusion and respect for diversity (see
CRC/C/CHL/CO/4-5, para. 68 (h)).
90.
Human rights principles and public interest in education require that financial fraud
and covert and corrupt practices in education are rigorously investigated with transparency
and full accountability, and those found guilty of indulging in such practices brought to
justice. It is important to look into public procurement policies and their applicability to
private providers of education.
91.
The Inclusive Education Act establishes obligations for subsidized private schools to
furnish information on their operations, giving the Superintendent of Education the
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