The Political Constitution of the United Mexican States establishes in Article 3 that the State will guarantee the quality of compulsory education so that educational materials and methods, school organization, educational infrastructure, and the suitability of teachers and managers guarantee the maximum learning achievement of the students.
The National Development Plan 2013-2018, establishes as one of the national goals to achieve a Mexico with quality education. For this, the National Development Plan
2013-2018 places the school at the center of the national policy, recognizing that there are conditions that generate inequity in the educational service.
Research on the problem of lag and school dropout have identified that one of the relevant causes of school dropout has to do with the fact that schools do not have adequate infrastructure, furniture and equipment conditions that allow them to successfully develop their educational activities .
The Census of Teachers, Schools and Students of Basic and Special Education (CEMABE) 2013 conducted by the National Institute of Statistics and Geography, allowed to identify the physical lag of the schools of that level of education, as one of the urgent problems that the system educational must attend. The Mexican State, through its three orders of government, is obliged to guarantee that school buildings have the basic physical conditions that allow their operation. The census data revealed that 26% (twenty-six percent) of public school education buildings in the country were not built for educational purposes, and 2% (two percent) of the buildings are constructed with lightweight materials. precarious. The previous information, together with the diagnoses of the National Information System), was used for the elaboration of the initial proposal of Basic Education projects, which was made available to the "Federative Entities". In the case of the information corresponding to the buildings of upper and upper secondary education, the Subsecretaries of Higher and Higher Education, made a weighting based on needs and enrollment, from which the corresponding proposal was issued to the "Entities Federatives ". In accordance with articles 25, section V, 39, 40 and 41 of the Fiscal Coordination Law ("LCF"), the contribution called "Multiple Contributions Fund" ("FAM"), which is constituted annually, has been integrated. for the resources that represent 0.814% (zero point eight hundred fourteen percent) of the federal participable collection referred to in article 2 of the "LCF". The use and application of the resources of the "FAM" has limited its impact since (i) the investment expenditure has been distributed in works with little impact, generating a constant change in the destination of such resources; and (ii) prior to the reform of the "LCF" published in the Official Gazette of the Federation on December 9, 2013, it was not possible to allocate the resources that make up the "FAM" to financial mechanisms that would allow its execution to be expedited and / or obtain significant amounts that would enable the fulfillment of the purposes of the "FAM" in an efficient manner.
Likewise, in terms of what is established in article 52 of the "LCF", the resources that correspond annually to the "Federative Entities" of the "FAM" can be allocated up to 25% (twenty-five percent) of the current year or of the fiscal year in which the aforementioned percentage is affected, whichever is greater among said amounts, to serve as a guarantee and / or source of payment with respect to those obligations that are contracted by virtue of the implementation of mechanisms, among others , to enhance the resources that make up the "FAM", so that they are allocated to infrastructure directly related to the purposes thereof, which are provided for in article 40 of the "LCF".
The empowerment referred to in the "LCF" and the Coordination and Collaboration Agreement for the Promotion of Resources of the Multiple Contributions Fund ("Coordination Agreement"), consists of a financial scheme through which the "Federative Entities" that voluntarily access this mechanism, may obtain more resources in advance, in exchange for committing a part of current and future resources that correspond to the "FAM" (or any other fund or equivalent contribution that replaces it, in terms of the applicable provisions, or supplement it in the subsequent). Through the aforementioned mechanism, the income and the right to receive the income, indicated in terms of the applicable regulations, will be affected and transmitted to the Issuance Trust Trust Fiduciary Certificates number 2595 constituted by and between Corporación Mexicana de Inversiones de Capital, S.A. of C.V., in its character of trustor; and Banco Invex S.A., Institución de Banca Múltiple, Invex Grupo Financiero, in its capacity as trustee.
The "Issue Trust" will transfer to a second private management trust and source of payment (the "Distribution Trust") the resources it obtains from the monetization of the "FAM Contribution" as a consequence of the credit agreements it has entered into, and / or the issuance or issuance of fiduciary stock certificates made by the trustee of the "Issue Trust" under the terms and conditions established in the "Issuance Trust" itself, as well as the "remaining resources" obtained from the execution of the "FAM Contribution" for its respective monetization, so that it distributes them to the "Federative Entities" that participate in the scheme referred to in this Chapter of Considering.
Derived from the provisions of each of the "Coordination Agreements" concluded between the Federal Government and the "Federative Entities", taking into account the initial proposal presented by the "SEP" and the National Institute of Educational Physical Infrastructure ("Instituto") ) which considers the needs of physical educational infrastructure ("INFE"), and with the ultimate validation by the Federative Entities, in accordance with the requirements of the "Coordination Agreement", jointly developed the relationship of the projects of educational physical infrastructure to which the resources obtained by reason of the monetization of the present and future resources of the "FAM" (or any other equivalent fund or contribution that replaces it in terms of the applicable provisions or complements it as far as subsequent); in the understanding that said relationship of the "Projects of the INFE" will be updated in the assumptions, terms and conditions established for that purpose in Clause Ten and in Annex "B", both of the "Coordination Agreements".