SUPERIOR EDUCATION Decree 173/96. Please provide formal aspects for the appointment of members of the National University Assessment and Accreditation Commission established by Law No. 24.521.

Bs. As., 21/2/96

See Background

VISTO Articles 44, 46 and 47 of Act No. 24,521 and

CONSIDERING:

That these standards provide for the existence of the NATIONAL COMMISSION ON UNIVERSITARIA EVALUATION AND ACREDITATION, as a decentralized body operating within the jurisdiction of the MINISTERY OF CULTURE AND EDUCATION.

That it is therefore necessary to issue a minimum regulation that sets out the formal aspects for the designation of the members of that agency, its basic internal structure and some fundamental guidelines for its operation.

That the present measure is determined in accordance with article 99 (2) of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 La The NATIONAL COMMISSION ON UNIVERSITARIA EVALUATION AND ACREDITATION (CONEAU), whose creation, jurisdiction, missions and powers determine articles 44, 46 and 47 of Law No. 24,521, will work according to what determines the following clauses.

PART II

OF THE DIRECTIVE COUNCIL

CHAPTER 1

INTEGRATION

Art. 2o . The government of the NATIONAL COMMISSION ON UNIVERSITARIA EVALUATION AND ACREDITATION (CONEAU) will be in charge of the members appointed by the procedure established by article 47 of Law No. 24.521, who shall be recognized hierarchical personalities in the academic, scientific or institutional management field and shall exercise their functions in a personal and independent capacity.

(Article replaced by Article 1 of the Decree No. 705/97 B.O. 04/08/1997)

Art. 3o . Agencies that, in accordance with article 47 of Act No. 24.521, should appoint more than one (1) member of the NATIONAL COMMISSION ON EVALUATION AND ACREDITATIONUNIVERSITARIA (CONEAU), should ensure that the proposal is integrated with specialists from different areas of knowledge and linked to different regions of the country.

Art. 4o El The MINISTERY OF CULTURE And EDUCATION may convene the first meeting of the NATIONAL COMMISSION ON UNIVERSITARY ASSESSMENT AND ACREDITATION (CONEAU) when a minimum of SIETE (7) members had been appointed, without prejudice to the subsequent incorporation of the remaining members once they were nominated and appointed.

(Article replaced by Article 1 of the Decree No. 705/97 B.O. 04/08/1997)

Art. 5o . At the first meeting of the Commission to be held with the total of its members, those who will cease the DOS (2) years will be determined by lot in order to enable the partial renewal system.

(Article replaced by Article 1 of the Decree No. 705/97 B.O. 04/08/1997)

Art. 6th . The retributions of the members of the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU) shall be set by Joint Resolution of the Ministers of Culture and Education and of Economics and Works and Public Services in accordance with Article 3 (i) of Decree No. 101 of 16 January 1985, incorporated by its similar No. 1716 of 15 September 1992.

(Article replaced by Article 1 of the Decree No. 705/97 B.O. 04/08/1997)

Art. 7o . A member who ceases to attend THREE (3) consecutive sessions of the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU) without justified cause shall be considered a waiver, having to be replaced by another chosen according to the procedure provided for in article 47 of Law No. 24.521. The NATIONAL COMMISSION ON EVALUATION AND ACREDITATION UNIVERSITARIA (CONEAU), by the vote of the DOS TERCIOS (2/3) of the total membership, may request for substantial reasons that UNO (1) of its members should be replaced, in which case the institution that nominated it should propose a new candidate.

(Article replaced by Article 1 of the Decree No. 705/97 B.O. 04/08/1997)

CHAPTER 2

OF ITS FUNCTIONING

Art. 8o La The NATIONAL COMMISSION ON UNIVERSITARIA EVALUATION AND ACREDITATION (CONEAU) will injure the days that the body itself establishes in accordance with the work needs. Extraordinary meeting may also be convened at the request of any of its members. In order to injure the presence of at least half plus one of its members will be required, requiring an absolute majority of those present to adopt resolutions, except in the case of resolutions adopting binding final opinions, in which case they must be adopted with the vote of half plus one of the total members. In cases where Act No. 24.521 requires a non-binding view, the NATIONAL COMMISSION ON UNIVERSITARY ASSESSMENT AND ACREDITATION (CONEAU) will issue an opinion containing the majority viewpoint and total or partial dissents.

(Article replaced by Article 1 of the Decree No. 705/97 B.O. 04/08/1997)

Art. 9th (Article Derogated by Article 3 of the Decree No. 705/97 B.O. 04/08/1997)

Art. 10. . The chairmanship of the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARY ACREDITATION (CONEAU) will be exercised by UNO (1) of its members designated by the vote of half plus one of its members, who will exercise the representation of the Commission and conduct the meetings of the body. The post will be executed by the term of UN (1) year, and its president may be re-elected. The same procedure and term shall designate UN (1) Vice-President to replace the President in the event of his absence.

(Article replaced by Article 1 of the Decree No. 705/97 B.O. 04/08/1997)

PART III

OF THE EXECUTIVE DIRECTOR

Art. 11. (Article Derogated by Article 3 of the Decree No. 868/99 B.O. 17/08/1999)

Art. 12. (Article Derogated by Article 3 of the Decree No. 868/99 B.O. 17/08/1999)

Art. 13. (Article Derogated by Article 3 of the Decree No. 868/99 B.O. 17/08/1999)

PART IV

OF THE ASSESSMENTS AND THE COUNTRY COMMITTEE

Art. 14. La The NATIONAL COMMISSION ON UNIVERSITARIA EVALUATION AND ACREDITATION (CONEAU) will form Advisory Commissions for each of its specific functions, composed of a variable number of members, all of them persons of recognized prestige and academic, professional or institutional management experience, chosen in consultation with the relevant university, academic, scientific, administrative, professional and business agencies. The members of the Commissions shall rotate periodically. In each Committee, at least one (1) member of the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARIAN ASSESSMENT (CONEAU) will participate. The Advisory Committees shall give opinions on each of the matters submitted for consideration by the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU), without their binding nature."

(Article replaced by Article 1 of the Decree No. 705/97 B.O. 04/08/1997)

Art. 15. . In order to have technical recommendations in the various procedures on which the participation of the NATIONAL COMMISSION ON EVALUATION AND ACREDITATION UNIVERSITARIA (CONEAU) is appropriate, it will constitute ad-hoc Couples Committee that will be composed of experts and will be organized on the basis of disciplinary or professional areas for each process in question. The peers will apply in each case the criteria, standards and procedures approved by the NATIONAL COMMISSION OF EVAUATION AND UNIVERSITARIA ACREDITATION (CONEAU), in which they will be properly instructed.

Art. 16. . For the purposes of the formation of the Advisory Commissions and the Committee of Couples, the NATIONAL COMMISSION ON EVALUATION AND ACREDITATION UNIVERSITARIA (CONEAU) will form and keep up to date a register of experts, by disciplinary and professional areas, who meet the necessary conditions for this purpose, ensuring that it is also composed of potential external evaluators. In order to form such a registry, the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU) will consult the universities and the relevant scientific and professional associations in order to receive suggestions on this matter.

Art. 17. La The NATIONAL COMMISSION ON UNIVERSITARIA EVALUATION AND ACREDITATION (CONEAU) will define the conditions and requirements to be met by members of the Advisory Committees and the Couples Committee, ensuring the necessary intellectual level of the same, their independence of criterion and their acceptance of the regulations.

Art. 18. . The members of the Advisory Commissions and the Committees of Couples shall receive the compensatory sums which, for each case and in accordance with the particularities of the work entrusted to them, shall be set by the Minister of Culture and Education, with the intervention of the TECHNICAL ASSESSMENT OF SALARY POLICY OF THE PUBLIC SECTOR, as appropriate.

(Article replaced by Article 1 of the Decree No. 705/97 B.O. 04/08/1997)

PART V

FUNTIONS

CHAPTER 1

OF THE EVALUATION

Art. 19. . For the purpose of starting the processes of external institutional evaluation provided for in article 44 of Law No. 24.521, the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU) will prepare a staggered agenda seeking to contemplate the requirements and proposals of each university, which cannot be extended to more than DIECIOCHO (18) months computed from the constitution.

Art. 20. Los External assessment processes currently in place or completed, based on agreements between universities and MINISTERY OF CULTURE EDUCATION and EDUCATION shall be deemed valid for the purposes provided for in Act No. 24.521.

(Article replaced by Article 1 of the Decree No. 705/97 B.O. 04/08/1997)

Art. 21. El The process of external evaluation of university institutions must, where appropriate, reach institutions that have accredited them under article 22 of Act No. 24.521.

CHAPTER 2

OF ACREDITATION

Art. 22. El The MINISTERY OF CULTURE AND EDUCATION will agree with the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU) the opportunity for the transfer of all the postgraduate accreditation procedures that are carried out before the POSGRADO ACREDITATION COMMITTEE, under the SECRETARIA DE POLITICAS UNIVERS

CHAPTER 3

OF THE DICTAMES FOR THE FUNCTIONING OF STATUS UNIVERSITY AND THE AUTHORIZATION OF PRIVATE UNIVERSITY

Art. 23. El The MINISTERY OF CULTURE AND EDUCATION shall not, without the favourable opinion of the NATIONAL COMMISSION ON EVALUATION AND ACREDITATION UNIVERSITARIA authorizes the launch of a new national university institution or the recognition of a provincial, or grant provisional authorization or definitive recognition to a private university institution. The favourable opinion does not oblige the Ministry to grant the authorisations referred to when there are substantial grounds for departing from the Ministry.

Art. 24. Los The files in which requests for provisional authorization for the operation of private universities were processed, at the date of the sanction of Law No. 24.521, in a position to move to the Advisory Committee provided for in Articles 11 and 12 of Decree No. 2330/93, should be referred to the NACIONAL COMMISSION on EVALUATION and UNIVERSITARIA ACREDITATION (CONEAU) for the purposes of direct processing. In the other procedures, the treatment that you deem appropriate will be printed.

(Article replaced by Article 1 of the Decree No. 705/97 B.O. 04/08/1997)

PART VI

COMMENTAL RULES

Art. 25. La The NATIONAL COMMISSION ON UNIVERSITARIA EVALUATION AND ACREDITATION (CONEAU) should ensure to the parties concerned the possibility of being heard before a Resolution is issued or an opinion that might affect them.

Art. 26. La The NATIONAL COMMISSION ON UNIVERSITARIA EVALUATION AND ACREDITATION (CONEAU) will adopt a Code of Ethics for all members of its government agencies, Advisory Commissions, and Committee of Pares, which will regulate its intervention in the proceedings under consideration of the NATIONAL COMMISSION OF EVALUATION AND UNIVERSITARIA ACREDITATION (CONE) by recommending that its own academic impartiality be involved.

Art. 27. s Without prejudice to compliance with the procedures for the specific regulation, the MINISTERY OF CULTURE And EDUCATION shall, before referring the respective background to the NATIONAL COMMISSION ON UNIVERSITARIA EVALUATION AND ACREDITATION (CONEAU) in the cases where the intervention was appropriate, make an admissibility judgement in order to verify that the necessary formal requirements have been fulfilled.

Art. 28. (Article Derogated by Article 3 of the Decree No. 868/99 B.O. 17/08/1999)

Art. 29. . Until a special item is incorporated in the General Budget of the Nation for the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARIA ACREDITATION (CONEAU), the expenses required for its operation will be financed from the budget of the MINISTERY OF CULTURE and EDUCATION.

Art. 30. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Eduardo Bauzá. . Jorge A. Rodriguez.

Background

- Article 28 replaced by art. 1st Decree No. 705/97 B.O. 04/08/1997;

- Article 12 replaced by art. 1st Decree No. 705/97 B.O. 04/08/1997.