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30 OF 1992
(December 28)
Official Journal No. 40,700 of 29 December 1992
For which the public service of Higher Education is organized.
THE CONGRESS OF COLOMBIA,
DECRETA:
FUNDAMENTALS OF HIGHER EDUCATION
PRINCIPLES
ARTICLE 1o. Higher Education is a permanent process that enables the development of the potentialities of the human being in an integral way, is carried out after middle or secondary education and aims at the full development of students and their academic or professional training.
ARTICLE 2o. Higher Education is a cultural public service, inherent in the social purpose of the State.
ARTICLE 3o. The State, in accordance with the Political Constitution of Colombia and with this Law, guarantees university autonomy and ensures the quality of the educational service through the exercise of the supreme inspection and surveillance of higher education.
ARTICLE 4. Higher Education, without prejudice to the specific aims of each field of knowledge, will awaken in the learners a reflexive spirit, oriented to the achievement of personal autonomy, within a framework of freedom of thought and ideological pluralism that takes into account the universality of the knowledge and the particularity of the cultural forms existing in the country. Therefore, Higher Education will be developed in a framework of teaching, learning, research and teaching freedoms.
ARTICLE 5o. Higher Education will be accessible to those who demonstrate the required capabilities and meet the academic conditions required in each case.
GOALS
ARTICLE 6o. Are objectives of Higher Education and its institutions:
a) To deepen the integral formation of Colombians within the modalities and qualities of Higher Education, training them to fulfill the professional, research and social service functions required by the country.
b) To work for the creation, development and transmission of knowledge in all its forms and expressions, and to promote its use in all fields to solve the country's needs.
c) To provide the community with a quality service, which refers to the academic results, the means and processes used, the institutional infrastructure, the qualitative and quantitative dimensions of the service and the conditions in which each institution is developed.
d) To be a factor of scientific, cultural, economic, political and ethical development at national and regional level.
e) To act harmoniously with each other and with other educational and training structures.
f) Contribute to the development of the educational levels that precede it to facilitate the achievement of its corresponding goals.
(g) Promote national unity, decentralization, regional integration and inter-institutional cooperation with a view to ensuring that the various areas of the country have the human resources and the appropriate technologies that enable them to attend adequately your needs.
h) Promote the formation and consolidation of academic communities and the articulation with their counterparts at international level.
i) Promote the preservation of a healthy environment and promote ecological education and culture.
j) Keep and promote the cultural heritage of the country.
ACADEMIC PROGRAMS AND ACTION FIELDS
ARTICLE 7o. The fields of action of Higher Education, are: The technique of technology, the science of technology, that of the humanities, that of art and that of philosophy.
ARTICLE 8o. The undergraduate and graduate programs offered by the institutions of higher education shall refer to the fields of action outlined above, in accordance with their training.
ARTICLE 9o. The undergraduate programs prepare for the performance of occupations, for the exercise of a particular profession or discipline, of a technological or scientific nature or in the area of the humanities, the arts and philosophy.
There are also undergraduate programs of a multidisciplinary nature also known as liberal arts studies, understood as general studies in sciences, arts or humanities, with emphasis on some of the disciplines that are part of those fields.
ARTICLE 10. These are post-graduate programs, maestries, doctorates, and post-doctoral programs.
ARTICLE 11. The specialization programs are those that are developed after an undergraduate program and enable improvement in the same occupation, profession, discipline or areas related or complementary.
ARTICLE 12. The Master's, doctoral and post-doctoral programs have the research as the necessary foundation and scope of their activity.
The masters seek to expand and develop knowledge for the solution of disciplinary, interdisciplinary or professional problems and to provide the person with the basic instruments that enable them as a researcher in a specific area of the sciences or technologies or that allow him to deepen theoretical and conceptually in a field of philosophy, humanities and the arts.
PARAGRAFO. M.A. is not a condition for accessing doctoral programs. Culminates with a research job.
ARTICLE 13. The doctoral programs are concentrated in the training of researchers at the advanced level based on the disposition, capacity and knowledge acquired by the person at the levels previous training.
The PhD should culminate with a thesis.
ARTICLE 14. These are requirements for income to the different programs of higher education, in addition to the ones that each institution points out, the following:
a) For all undergraduate programs, hold a bachelor's degree or its equivalent abroad and have submitted the State Examination for Income to Higher Education.
b) For programs of specialization related to occupations, hold the title in the corresponding occupation or related occupations.
c) For specialization, master's and doctoral programs, referred to the field of technology, science, humanities, arts and philosophy, possess professional title or degree in an academic discipline.
PARAGRAFO. They may also be able to enter vocational training programmes in higher education institutions empowered to advance training programmes in occupations of an operational nature. instrumental, who meet the following requirements:
a) To have completed and approved Secondary Basic Education in its entirety.
b) Having obtained the Certificate of Professional Aptitude (CAP) issued by the National Learning Service (SENA) and
c) To have worked in the specific field of such training for a period of not less than two (2) years, after the training of the SENA.
ARTICLE 15. The institutions of higher education may advance programs in the methodology of open and distance education, in accordance with this Law.
OF INSTITUTIONS OF HIGHER EDUCATION
ARTICLE 16. Are Higher Education Institutions:
(a) Professional Technical Institutions.
b) University Institutions or Technology Schools.
c) Universities.
ARTICLE 17. They are professional technical institutions, those legally empowered to offer programs of training in occupations of an operational and instrumental character and of specialization in their respective field of action, without prejudice to the humanistic aspects of this level.
ARTICLE 18. They are university institutions or technology schools, those empowered to advance training programs in occupations, academic training programs in professions or disciplines, and specialization programs.
ARTICLE 19. It is universities that are currently recognized as such and the institutions that demonstrate their performance with a criterion of universality in the following activities: Scientific research or technology; academic training in professions or disciplines and the production, development and transmission of knowledge and the universal and national culture.
These institutions are also empowered to advance training programs in occupations, professions or disciplines, specialization programs, master's, doctorates, and post-doctoral programs, in accordance with this Law.
ARTICLE 20. The Minister of National Education prior to the approval of the National Council of Higher Education (CESU), will be able to recognize as a university, from the time of this Law, the university institutions or technology schools which, within an accreditation process, demonstrate that they have:
a) Experience in high-level scientific research.
b) Academic programs and also programs in Basic Sciences that support the former.
c) Facultement to the National Government, so that within six (6) months, it shall establish the other requirements deemed necessary for the purposes of this Article.
These requirements will refer, in particular, to the number of programmes, number of teachers, dedication and academic training of the same and infrastructure.
ARTICLE 21. Only may be authorized by the Minister of National Education to offer master's, doctorate and post-doctoral programs and to award the respective titles, prior to the favorable concept of the National Council of Higher Education (CESU), those universities that meet the requirements referred to in Articles 19 and 20.
PARAGRAFO. They may also be authorized by the Minister of National Education to offer master's and doctoral programs and to issue the corresponding titles, universities, university institutions or technological schools, which, without complying with the requirement laid down in Article 20b), comply with the quality requirements according to the National Accreditation System, in the fields of action related to the Proposed programme, previous favourable concept of the National Board of Education Superior (CESU).
ARTICLE 22. The Minister of National Education, with the prior approval of the National Council of Higher Education (CESU), may approve the operation of new institutions of higher education and shall determine the field or fields of action in which they may be performed, their academic character and in accordance with this Law.
ARTICLE 23. By reason of their origin, the institutions of higher education are classified in: State or Official, Private and Solidarity Economy.
OF STATUS TITLES AND EXAMS
ARTICLE 24. The title, is the express recognition of an academic character, awarded to a natural person, to the completion of a program, for having acquired a certain knowledge in an Institution of Education Superior. Such recognition shall be recorded in a diploma.
The granting of degrees in higher education is the exclusive competence of the institutions of that level in accordance with this Law.
PARAGRAFO. In the titles that the institutions of Higher Education grant, their corresponding Legal Person will be placed on record.
ARTICLE 25. Academic programs according to their field of action, when offered by a Professional Technical Institution, lead to the title in the corresponding occupation or area. The title of the title must be: 'Professional Technician in ......'
Those offered by university institutions or technology schools, or by a university, lead to the title in the respective occupation, in which case the name of "Professional Technician in ......" must be put before it. In the case of professions or academic disciplines, the title may be preceded by the name 'Professional in ...' or 'Technologist in ...'.
The undergraduate programs in the Arts lead to the title of: "Master in ......"
Specialization programs lead to the title of specialist in occupation, profession, discipline or respective area.
Master's, doctoral and post-doctoral programs lead to the title of master, doctor or post-doctoral degree in advance, which must refer to the respective discipline or to an interdisciplinary area of the knowledge.
PARAGRAFO 1o. Undergraduate programs in Education may lead to the title "Licensed in ......"
These programs will be integrated and progressively assimilated to the academic programs offered in the other university institutions or technology schools and in the universities.
PARAGRAFO 2o. The National Government, in accordance with the laws governing the matter, will regulate the issue of the titles that this article deals with, previous concept of the National Council for Higher Education (CESU).
ARTICLE 26. The nomenclature of the titles will be in correspondence with the classes of institutions, the fields of action, the denomination, the content, the duration of their programs and levels of undergraduate and post-graduate
The Minister of National Education, with the advice of the National Council of Higher Education (CESU), will regulate this matter.
ARTICLE 27. The State Examinations are academic evidence of an official character that is intended to:
a) Check minimum levels of skills and knowledge.
b) To verify knowledge and skills for the issuance of titles to graduates of programs whose approval is not valid.
c) Exorder certification on approval or disapproval of courses that have been advanced in institutions in dissolution whose legal status has been suspended or canceled.
d) Homologation and validation of higher education studies conducted abroad, when relevant to the judgment of the National Council for Higher Education (CESU).
AUTONOMY OF HIGHER EDUCATION INSTITUTIONS
ARTICLE 28. The university autonomy enshrined in the Political Constitution of Colombia and in accordance with this Law, recognizes universities the right to give and modify their statutes, to designate their academic and administrative authorities, create, organize and develop their academic programs, define and organize their training, academic, teaching, scientific and cultural tasks, grant corresponding titles, select their teachers, admitting their students and adopting their respective schemes and establish, arbitrate and apply its resources for the fulfilment of its social mission and its institutional function.
ARTICLE 29. The autonomy of university institutions or technology schools and professional technical institutions will be determined by their field of action and in accordance with this Law in the Following aspects:
a) Dating and modifying its statutes.
b) Designate your academic and administrative authorities.
c) Create, develop your academic programs, as well as issue corresponding titles.
d) Define and organize their training, academic, teaching, scientific, cultural and extension tasks.
e) Select and link your teachers, the same as your students.
f) Adopt the scheme of pupils and teachers.
g) Arbitration and apply its resources for the fulfillment of its social mission and its institutional function.
PARAGRAFO. For the development of what is contemplated in literals a) and e) notification is required to the Minister of National Education, through the Colombian Institute for the Promotion of Higher Education (ICFES).
ARTICLE 30. It is proper to the institutions of Higher Education to search for the truth, the free and responsible exercise of criticism, professorship and learning in accordance with this Law.
PROMOTION, INSPECTION, AND SURVEILLANCE
ARTICLE 31. Pursuant to Articles 67 and 189, numerals 21, 22, and 26 of the Constitution Policy of Colombia and in accordance with this Law, the promotion, inspection and surveillance of the teaching that corresponds to the President of the Republic, will be oriented to:
a) Protecting the freedoms of teaching, learning, research and professorship.
b) To monitor that the constitutional guarantee of university autonomy is fully and integrally observed and enforced.
c) Ensuring the right of individuals to found higher education establishments in accordance with the law.
d) Adopt measures to strengthen research in higher education institutions and offer special conditions for their development.
e) To provide people with access to knowledge, science, technology, art and other cultural assets, as well as the financial mechanisms that make it viable.
f) Create incentives for people and institutions to develop and promote technology, science, technology, humanities, philosophy and the arts.
g) Encourage the production of knowledge and access to the domain of science, technology and culture.
h) Propender for the creation of mechanisms for evaluating the quality of academic programs of higher education institutions.
i) Encourage the development of scientific and pedagogical thinking in Directives and teachers of higher education institutions.
j) 25 of Law 1740 of 2014. The new text is as follows: > Velar for the quality and continuity of the public service of higher education.
k) 25 of Law 1740 of 2014. The new text is as follows: > Propender for the best moral, intellectual and physical training of learners and for the achievement of higher education goals.
l) 25 of Law 1740 of 2014. The new text is as follows: > Velar for the proper coverage of the public service of higher education.
m) 25 of Law 1740 of 2014. The new text is as follows: > That in private institutions of higher education, constituted as legal persons of common utility, their income shall be preserved and duly applied and that in all the essential is fulfilled with the will of their founders, without being able to consecrate or otherwise give themselves the profit motive.
n) 25 of Law 1740 of 2014. The new text is as follows: > That in the official institutions of higher education be added to the nature of cultural public service and the social function that is inherent to them, the legal and statutory provisions that the govern and that their income is kept and properly applied.
ARTICLE 32. 25 of Law 1740 of 2014 >
ARTICLE 33. In accordance with the provisions of Article 211 of the Political Constitution of Colombia, the President of the Republic may delegate to the Minister of National Education all the functions outlined in Articles 31 and 32 of this Law.
The supreme inspection and surveillance of institutions of higher education will be exercised by the National Government with the immediate advice of the National Council of Higher Education (CESU), in accordance with the provisions of this Law and with the cooperation of academic, scientific and professional communities, territorial entities and those agencies of the State for the development of Science, Technology, Art and Culture.
OF THE NATIONAL HIGHER EDUCATION COUNCIL (CESU)
AND THE COLOMBIAN INSTITUTE FOR THE PROMOTION OF HIGHER EDUCATION (ICFES)
THE NATIONAL HIGHER EDUCATION COUNCIL (CESU)
ARTICLE 34. Create the National Council of Higher Education (CESU), of a permanent nature, as a body of the National Government linked to the Ministry of National Education, with coordination functions, planning, recommendation, and advice.
ARTICLE 35. The National Council of Higher Education (CESU) will be integrated as follows:
(a) The Minister of National Education, who presides over it.
b) The Head of the National Planning Department.
c) The Rector of the National University of Colombia.
d) The Director of the Colombian Fund for Scientific Research and Special Projects "Francisco José de Caldas", Colciencias.
e) A State or official university Rector.
f) Two Rectors of private universities.
g) A University Rector of Solidarity Economy.
h) A Rector of a university institution or technology school, state or official.
i) A state or official professional technical institution Rector.
j) Two representatives of the productive sector.
k) A representative of the academic community of state or official university.
l) A university professor.
m) A student of the last years of university.
n) The Director of the Colombian Institute for the Promotion of Higher Education (Icfes), with a voice but without a vote.
PARAGRAFO. For the choice of the representatives established in literals (e), (f), (g), (h), (i), (j), (k), (l) and (m), the National Government shall establish complete rules to ensure the participation of each of the the represented estates, which will have a period of two years.
This regulation will be issued within six (6) months of the current law.
ARTICLE 36. It is the functions of the National Council of Higher Education (CESU) to propose to the National Government:
a) Policies and plans for the March of Higher Education.
b) The rules and procedures for:
1. Organize the Accreditation System.
2. Organize the National Information System.
3. Organize the state exams.
4. Establish guidelines on the nomenclature of securities.
5. The creation of higher education institutions.
d) The mechanisms for evaluating the academic quality of higher education institutions and their programs.
e) Your own Rules of Procedure.
f) The functions that you consider relevant to the development of this Law.
PARAGRAFO. The National Council of Higher Education (CESU), will regulate the representation of the institutions of Higher Education of Solidarity Economy in the advisory committees referred to in Article 45 of the This Law, in accordance with its growth and academic development.
FROM THE COLOMBIAN INSTITUTE FOR THE PROMOTION OF HIGHER EDUCATION (ICFES)
ARTICLE 37. The Colombian Institute for the Promotion of Higher Education (Icfes) is a public establishment of the national order, attached to the Ministry of National Education.
ARTICLE 38. The functions of the Colombian Institute for the Promotion of Higher Education (Icfes). are:
(a) To implement the policies that the National Government has in the field of higher education, as well as to exercise the Technical Secretariat of the National Council of Higher Education (CESU).
b) To be in the center of information and documentation of Higher Education, for which the institutions will supply the academic, financial and administrative reports that are requested.
c) Carry out the basic studies of Higher Education.
d) Encourage cooperation between higher education institutions and the institutions of higher education with the international community.
e) Collaborating with higher education institutions to stimulate and improve their self-assessment procedures.
f) Encourage the preparation of teachers, researchers, managers and administrators of higher education.
g) Promote the development of research in higher education institutions.
(h) to stimulate the development of higher education institutions in the regions, as well as their integration and cooperation.
i) Homologating and validating degrees of study abroad.
j) Define the guidelines on the classification of academic programs of higher education.
k) Perform status exams in accordance with this Act.
ARTICLE 39. The management and administration of the Colombian Institute for the Promotion of Higher Education (Icfes), will be in charge of a Board of Directors and a Director General, who is the legal representative. of the Institute.
