SUPERIOR EDUCATION

Decree 455/97

Colleges. Requirements. Registration of conventions in the Ministry of Culture and Education. External assessment process. Advertising. Sanctions. Implementing authority.

Bs. As., 21/5/97

B.O.:26/5/97

Article 22 of Act No. 24.521 and

CONSIDERING:

That the above-mentioned norm incorporates into our legislation the figure of the Colleges of Universities, conceived as a new academic body for higher education, which is not only distinguished by having accreditation mechanisms and eventually articulating their careers or training programs with one or more universities, but also by offering an innovative, clearly defined institutional and pedagogical project, with the ability to establish a dynamic set of relationships with their means and to respond to the needs and requirements of development.

That the legislator has emphasized that it is indeed a matter of institutions other than traditional non-university higher education institutes, which are currently in place, since article 22 of the said law itself presupposes, in order for a university college to be set up, that a new institution should be created or transformed one that already exists.

That such educational establishments are included in a complex institutional framework, since, on the one hand, they are non-university higher education institutions, subject consequently to provincial legislation in accordance with article 15 of Act No. 24.521, while on the other hand, it cannot be unknown that the "university" qualification granted by the legislator to these educational establishments is precisely linked to the universities.

That while the government and organization of non-university higher education, to which belong the institutions referred to in article 22 of Law No. 24.521, corresponds as has been expressed to the provinces or the GOVERNMENT OF THE CIUDAD OF BUENOS AIRES, their articulation with the university level-and in particular the possibility that the studies carried out in these institutions are recognized by a university to be continued in colleges requires that the creation of university

That in order to prevent any tertiary educational institution from using the denomination of the University College, without respecting the guidelines that guarantee the quality levels that such institutions are intended to have, it is necessary and appropriate for the NATIONAL EXECUTIVE PODER to exercise the regulatory authority established in article 99, paragraph 2 of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 - In order to be categorized as university colleges, and to be able to use such a denomination, non-university higher institutions or the jurisdiction to which they belong must comply with the following requirements:

(a) Accredit the authorization to function as a non-university higher-level institution granted by the respective provincial educational jurisdiction or by the GOVERNMENT OF THE CITY OF GOOD AIRES.

(b) To comply, as a non-university higher institution, with the rules of the jurisdiction to which it belongs.

(c) Register in the MINISTRY of CULTURE and EDUCATION the or the accreditation agreements provided for in article 22 of Act No. 24.521. It will be understood that there is accreditation of a non-university higher education institution, on the part of a university, when it recognizes, after an evaluation process, the quality of careers and training programs developed by it.

Art. 2°-The agreement referred to in the preceding article shall be in accordance with the following guidelines:

(a) Non-university higher education institutions that purport to be categorized as Colleges may hold the agreement by themselves or through competent educational jurisdiction in accordance with jurisdictional rules.

(b) The agreement must be signed with one or more universities in the National University System. In no case shall it be admitted that the conventions shall be concluded by faculties, departments or other academic units of the universities.

(c) In the event that the agreement is signed with a private university that has provisional authorization or with a national university in the process of organization, it will be necessary for the university institution to have specific authorization prior to the MINISTERY OF CULTURA and EDUCATION, which for its granting will evaluate the procedures and mechanisms provided for in the agreement, in particular those stipulated in the present decree.

(d) The parties shall expressly agree on a procedure of periodic accreditation, academic and follow-up assistance, by the university, of all careers and training programmes of the non-university higher education institution. Such careers and training programs may not last longer than TRES (3) years.

(e) The parties should agree on specific mechanisms and commitments to ensure respect for the quality standards and criteria established by the Council of UNIVERSITY and the FEDERAL COUNCIL of CULTURE and EDUCATION.

(f) The agreement should provide that, in the event of a complaint by one of the parties, the right of students who have begun their studies in the institution formed as a university college shall be respected, to conclude them in the same character with which they started them.

Art. 3°-Where, as agreed in the agreement referred to in this Decree, studies in accredited institutions shall be recognized as academic credits for the purpose of being continued at the university signing the agreement, the following rules shall apply:

(a) Only curricular contents equivalent to no more than half of the duration of the respective university career can be articulated.

(b) The teaching staff of the accredited institution shall meet the requirements of article 36 of Act No. 24.521.

(c) Where appropriate, the provisions of article 43 of Act No. 24.521 shall be strictly applicable.

Art. 4°-The institutions categorized as University Colleges shall be subject to the external evaluation process of the University that has accredited them, provided for in article 21 of Decree No. 173/96,

Art. 5°-The Ministry of Culture And EDUCATION as the authority for the application of this decree, shall keep a record of the conventions subscribed in the terms of article 22 of Act No. 24.521. After registration, such agreements shall be referred to the NATIONAL COMMISSION ON EVALUATION AND UNIVERSITARY ACREDITATION (CONEAU) for the purposes set out in article 21 of Decree No. 173/96, and to the respective jurisdiction for the purposes of their knowledge.

Art. 6°-The administrative act emanated from the application authority, by virtue of which the requested registration is made, will import the categorization of the institution as a University College and the authorization to use that denomination.

Art. 7°-The Ministry of Culture EDUCATION may reject the registration requested by resolution based on one of the following causes:

(a) Failure to comply with the applicable regulations by the applicant.

(b) It manifests inconvenience of the establishment of the College in the event that the institution of non-university higher education is located in a region other than that of the accredited university. In this case, the MINISTERY OF CULTURE AND EDUCATION shall consult the REGIONAL COUNCIL for the PLANNING OF THE SUPERIOR EDUCATION of the region in which the new institution is proposed to operate, which shall be issued within a period not exceeding the SESENTA (60) days. This deadline has expired, without the issuance of the respective Regional Council, the Ministry of Culture And EDUCATION will resolve without further processing. It shall be understood by regions, for the purposes of this article, to which it defines the rules governing the functioning of the aforementioned Councils.

Art. 8°-In all cases, the Colleges of Universities must add, in their advertisements, publications and documentation, below or after the name they identify, the legend "STANDING OF TERCIARY LEVEL", should also be noted the number of resolution that causes the registration of the agreement. The MINISTERY OF CULTURE AND EDUCATION shall set the appropriate penalties for the violation of this norm, which may result in the withdrawal of the registration.

Art. 9°-Institutions that do not have properly registered agreements as provided for in Article 5 of this Decree may not use the name of Colleges. The violation of this rule will result in the application of the penalties provided for in article 68 of Act No. 24.521.

Art. 10.-Institutions that, prior to the present decree, have signed agreements with universities for the purposes set out in article 22 of Act No. 24.521 shall conform them to the requirements set out in the preceding articles within a period not exceeding CIENTO VEINTE (120) days.

Art. 11.-The Ministry of Culture And EDUCATION shall be the authority for the application of this decree, for which purpose it is authorized for the dictation of clear, interpretative and complementary rules that are deemed necessary.

Art. 12.-Contact, post, give to the National Directorate of the Official Register and archívese.-MENEM.-Jorge A. Rodríguez.- Susana B. Decibel