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Act 1740 2014

Original Language Title: LEY 1740 de 2014

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LAW 1740 OF 2014

(December 23)

Official Journal No. 49.374 of 23 December 2014

CONGRESS OF THE REPUBLIC

By which article 67 and numerals 21, 22 and 26 of article 189 of the Constitution are developed Policy, the inspection and surveillance of higher education is regulated, the Law 30 of 1992 is partially modified and other provisions are dictated.

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THE CONGRESS OF THE REPUBLIC

DECRETA:

CHAPTER I.

PURPOSE, OBJECTIVES, AND SCOPE.

ARTICLE 1o. PURPOSE. The purpose of this law is to establish the standards of inspection and surveillance of higher education in Colombia, in order to ensure the quality of this public service, its continuity, the best moral training, intellectual and the physics of the students, the fulfilment of their objectives, the adequate coverage of the service and because in the institutions of higher education their incomes are preserved and applied properly, always guaranteeing the university autonomy constitutionally set.

In this regard, add the following literals to Article 31 of Law 30 of 1992.

j) Velar for the quality and continuity of the public service of higher education.

k) Propender for the best moral, intellectual and physical education of learners and for the achievement of higher education goals.

l) Vellar for the proper coverage of the public service of higher education.

(m) 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 its founders, without it being able to to be consecrated or otherwise given the profit motive.

n) That in the official institutions of higher education the nature of cultural public service and the social function that are inherent to them are met, the legal and statutory provisions that govern them are complied with and that their income is keep and apply properly.

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ARTICLE 2o. Ministry of National Education will promote the development of an evaluation process that supports, encourages and dignifies Higher Education, ensuring prevention, as one of the elements of inspection and surveillance, in the Following aspects:

1. The quality of higher education in respect of university autonomy and the freedoms of teaching, learning, research and professorship.

2. The fulfillment of their ends.

3. Adequate coverage of higher education services.

4. The implementation of permanent institutional self-assessment exercises by the Institutions of Higher Education.

5. Construction of follow-up plans with indicators of management of the institutions of higher education on quality issues, which will allow to verify that in the institutions of higher education they are fulfilling the objectives and the social function that has the education.

6. The formulation and implementation, by the institutions of higher education that require it, of improvement plans. To this end, the Ministry of National Education will be able to rely on higher education institutions that are accredited with high quality through interinstitutional agreements, in the framework of university autonomy.

PARAGRAFO 1o. In the follow-up to the plans of monitoring, improvement and continuity, transition and relocation of the students in the Educational Institutions, to which this law refers, the Ministry of National Education must design a set of alternatives that will allow the continuity of the public education service in that institution or in others, in order to guarantee the rights of the students.

PARAGRAFO 2o. Higher education institutions must deliver to each student, during the tuition process, the curriculum of the respective program and the conditions in which it will be developed.

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ARTICLE 3o. OBJECTIVES OF INSPECTION AND SURVEILLANCE. The inspection and surveillance referred to in this law is of a preventive and sanctioning nature. They shall be exercised to ensure the following objectives:

1. Compliance with the constitutional, legal and regulatory provisions governing the provision or administration of the public education service by higher education institutions.

2. Compliance with the statutes and regulations of the institutions of higher education and of the special legal regime, if any.

3. The continuous delivery of an educational service with quality.

4. The effective attention of the cultural public service nature of education and the social function that is inherent in it.

5. The efficiency and proper management and investment of all the resources and rents of higher education institutions to which this law applies, in the terms of the Constitution, the law and its regulations.

6. The protection of the freedoms of teaching, learning, research and professorship.

7. The guarantee of university autonomy.

8. The protection of the right of individuals to found higher education establishments in accordance with the Constitution and the law.

9. The participation of the educational community in the direction of the institutions.

10. Strengthening research in higher education institutions.

11. The production of knowledge and access to science, technology, humanities, philosophy, culture and art.

12. The promotion and development of scientific and pedagogical thinking in higher education institutions.

PARAGRAFO. In exercising the functions of inspection and surveillance of higher education, the Ministry of National Education shall take into account the legal and constitutional legal regime applicable to the respective institution of Higher Education.

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ARTICLE 4. APPLICATION. The inspection and surveillance of the public service of higher education will apply to state or official higher education institutions, private, of solidarity economy, and to those who offer and provide the service higher education public.

CHAPTER II.

INSPECTION AND SURVEILLANCE.

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ARTICLE 5o. GENERAL FACULTIES. In exercise of the powers of inspection and surveillance of higher education institutions, the Ministry of National Education may:

1. Lead, coordinate and execute higher education inspection and surveillance policies.

2. Exercise the inspection and monitoring of compliance with the constitutional and legal norms governing higher education, including quality, administrative, financial and technical standards, as well as compliance with its statutes and regulations.

3. To issue guidelines and regulations for the development of inspection and surveillance functions at the Ministry's head, on how institutions of higher education should comply with the regulatory provisions governing the service. public education, as well as setting technical criteria for their proper implementation.

4. Coordinate with the other organs of the State and the administration, actions that are required for the effective enforcement of the powers provided for in the law.

5. The others that I pointed out the Constitution and the law.

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ARTICLE 6o. INSPECTION. The inspection consists of the faculty of the Ministry of National Education to request, confirm and analyze in the form, detail and terms that it determines, the information it requires on the legal, accounting, economic situation, administrative or quality of any higher education institution, or on specific operations of the institution to which it applies this law.

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ARTICLE 7o. INSPECTION DUTIES. In exercise of the faculty of inspection of higher education institutions, the Ministry of National Education may:

1. Access to the information, documents, acts and contracts of the institution of higher education.

2. To establish and request reports of financial information that for inspection purposes should send to the Ministry of National Driving the institutions of higher education, without prejudice to the regulatory technical frameworks of accounting that to issue the National Government and the General Accounting Office of the Nation, in the development of its powers and functions, as well as those relating to administration and quality.

3. To verify the information given to the general public in order to ensure that it is truthful and objective and to require the institution of higher education to refrain from carrying out acts of misleading advertising, without prejudice to the powers of other entities on the subject.

4. Require the preparation and reporting to the Ministry of Education of financial statements of intermediate periods and require the rectification of financial statements or their notes, when they do not conform to the general legal norms and the specific ones that regulate the institution, according to its legal nature.

5. To interrogate within the inspection activities, under oath or without, any person from the Institution of Higher Education or related third parties, whose declaration is required for the examination of facts related to that function.

6. To examine and verify the institutional infrastructure and the physical conditions in which the activity is carried out and to carry out the necessary requirements to guarantee the delivery of the service in conditions of quality and safety, verifying that the conditions under which the qualified record was granted are maintained.

7. Request the submission of reports on the application and arbitration of the resources within the framework of the law and the statutes of the institution of higher education and request the cessation of actions involving the improper application of resources in activities other than the own and exclusive of each institution.

8. Carry out investigations and obtain the evidentiary information required of persons, institutions or companies outside the institution of higher education, provided that they are necessary in the development of their inspection and surveillance functions; and the legal formalities are met.

PARAGRAFO. In order to harmonize accounting information to be useful in decision making, in the planning, execution, reconciliation, and balance sheet of the higher education sector, within one year, the General Accounting Office of the Nation, in coordination with the Ministry of National Education, the National Accounts Plan of the institutions of higher education.

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ARTICLE 8o. SURVEILLANCE. The surveillance consists of the faculty of the Ministry of National Education to ensure that in higher education institutions the standards for its functioning are met, the continuous provision of the service is developed In accordance with the Constitution, the law, the regulations and its own statutes under conditions of quality and to supervise the implementation of corrective measures to solve critical situations of legal, economic, accounting, administrative or quality.

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ARTICLE 9o. SURVEILLANCE FUNCTIONS. In exercise of the faculty of surveillance of higher education institutions, the Ministry of National Education may:

1. Follow up on the activities carried out by higher education institutions in order to ensure the provision of the educational service under conditions of quality and continuity.

2. Practice general or specific visits and take measures to ensure that the irregularities detected are remedied.

3. Carry out audits on financial and accounting procedures where necessary for compliance with the objectives and functions.

4. To deal with complaints or complaints that are filed against the institutions under surveillance, by those who credit a legal interest, carrying out the necessary investigations, in order to establish the responsibilities administrative or academic cases or take appropriate measures. In the case of contentious matters, it shall transfer the cases to the competent authorities, if any.

5. To verify that the activities are carried out within the law, the regulations and the statutes of the institution of higher education and to request the cessation of actions contrary to the legal order or the statutes.

6. Request the detailed reporting of decisions on matters relating to their legal, accounting, financial and administrative situation, or on aspects related to the quality conditions laid down in the regulations in effect.

7. To accompany the institution of higher education, for the implementation of measures aimed at restoring continuity of service or improving its quality.

8. To undermine the award of successive fines of up to 100 (100) statutory minimum monthly salaries in force for legal representatives, rectors or members of the governing bodies to refrain from acts contrary to the law. Constitution, law, regulations and statutes, or to invest and allocate resources outside the mission and the purposes of the institution of higher education.

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CHAPTER III.

ADMINISTRATIVE MEASURES FOR THE PROTECTION OF THE PUBLIC SERVICE OF HIGHER EDUCATION.

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ARTICLE 10. PREVENTIVE MEASURES. The Ministry of National Education, in the exercise of the functions of inspection and surveillance of higher education, may adopt, by means of a reasoned administrative act, one or more of the following measures of character preventive, in order to promote the continuity of service, the restoration of quality, the proper use of the income or property of higher education institutions in accordance with constitutional, legal and regulatory norms, or the overcoming of situations which threaten or affect the proper provision of the service education or the fulfilment of its objectives, without prejudice to the investigation and the imposition of administrative sanctions to be carried out:

1. Order the presentation and adoption of improvement plans and programs aimed at solving irregularities or abnormality situations and monitoring the implementation of these plans, as well as issuing the instructions necessary for their implementation. exceeding.

2. Order to refrain from offering and developing programs without the qualified registration; in this case the Ministry will inform the citizenry about this irregularity.

3. Send delegates to the management bodies of higher education institutions when deemed necessary.

4. To indicate conditions which the institution of higher education must attend to correct or to overcome in the shortest time possible irregularities of administrative, financial or quality type that endanger the public service of education.

5. To have special surveillance of the institution of higher education, when one or more of the causes mentioned below is evidenced by this law for this purpose.

6. To safeguard the acquired rights of students enrolled in the programs of higher education institutions, approved by the Ministry of National Education.

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ARTICLE 11. SPECIAL MONITORING. Special Surveillance is a preventive measure that the Minister (a) of National Education may adopt when evidence in an institution of higher education one or more of the following causes:

(a) Severe abnormal disruption in the provision of the education service unless such interruption is due to force majeure or protests from agents of the educational community.

b) The serious impact of the quality of service conditions.

(c) that the resources or income of the institution is being held, invested, applied or improperly arbitrated, for purposes other than the performance of its mission and institutional function, or in activities other than its own and exclusive of the institution, taking into account the provisions of the Constitution, the law and its statutes.

d) That having been sanctioned, persist in the conduct, or

e) That it does not violate the order of not offering or developing academic programs without qualified registration.

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ARTICLE 12. PROCEDURE FOR THE ADOPTION OF PREVENTIVE AND SPECIAL SURVEILLANCE MEASURES. The preventive and special surveillance measures shall be adopted by the Ministry of National Education by means of a reasoned decision; this administrative act shall be notified personally to the legal representative or to whom the measure is addressed, and if the measure cannot be notified in this way, it shall be notified by a notice which shall be fixed in public place of the offices of the main administration of the institution of higher education, in accordance with Articles 67 to 69 of Act 1437 of 2011.

The electronic notification of the resolution shall proceed, where it has been expressly authorized, in accordance with the provisions of Article 56 of Law 1437 of 2011. This administrative act shall be effective immediately.

Against this administrative act, only the replenishment resource, which will be granted in return for the purpose, will not suspend the execution or enforceability of the same, nor of the measures taken.

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ARTICLE 13. SPECIAL MONITORING MEASURES. In order to that the institution exceeds the serious abnormality situation in the shortest possible time and guarantees the rights of the educational community, the continuity and quality of the service, or the investment or the appropriate management of resources within the framework of university autonomy, the Ministry may adopt one or more of the following measures:

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1. Appoint an Inspector on the spot, to monitor permanently and as long as the situation arises, the administrative or financial management of the entity, as well as the aspects that are affecting the conditions of continuity and quality that motivated the measure.

2. Suspend temporarily and in a preventive manner, as long as the continuity and quality of the education service is restored, the validity of the qualified register granted to the academic programs of the institutions of higher education, or the procedure requests for new records or renewals.

3. When it is evident that the management of the resources and income seriously affects the financial viability or the provision of the service under conditions of quality, order the constitution by the institution of a fiducia for the management of its resources and income, in such a way that they are only preserved, invested, applied or arbitrated in the performance of their mission and institutional function, or in their own and exclusive activities of the institution.

4. In the event that one or more of the directors, directors, legal representatives, administrators or tax reviewers do not comply, prevent or hinder the implementation of the measures or orders adopted by the Ministry of National Education during the special surveillance, or the concealment or alteration of information, may be replaced by the term of one (1) year, which may be extended only once, by the natural or legal person designated by the Ministry of National Education.

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ARTICLE 14. RESCUE INSTITUTES FOR THE TEMPORARY PROTECTION OF RESOURCES AND PROPERTY IN THE FRAMEWORK OF SPECIAL SURVEILLANCE. Where circumstances are present which seriously threaten the quality and continuity of the service, the Ministry of National Education may adopt the following measures for the temporary protection of the resources, assets and assets of the institution of higher education, in order to deal in an orderly manner with the payment of their loans and obligations, as proposed by Guarantee students the right to education:

1. The impossibility of registering the cancellation of any taxes constituted in favor of the institution of higher education, except express authorization of the Ministry of National Education. The registrars may not enter any act affecting the domain of the property of the institution, subject to the penalty of ineffectiveness, unless such act has been carried out by the person authorized by the Ministry of Education. National.

2. The suspension of the ongoing execution processes and the impossibility of admitting new processes of this class against the institution of higher education, for reasons of obligations prior to the application of the measure. The executive processes shall apply as appropriate to the rules provided for in Articles 20 and 70 of Law 1116 of 2006.

3. The cancellation of charges and liens issued prior to the measure affecting the entity's assets. The Ministry of National Education will deliver the relevant trades.

4. The suspension of payments of the obligations arising from the date of the provision of the measure, when determined by the Ministry of National Education. In the event where the payments were not initially suspended, the Ministry of National Education, when deemed appropriate, may decree such suspension. In this case, the payments will be made during the process to restore the service, according to the Ministry of National Education's planning, in which the costs of the payroll will be taken into account.

5. The interruption of the prescription and the non-operation of the expiration on the shares, in respect of the credits or obligations in favor of the institution, that have arisen or have become enforceable before the measure is adopted.

6. The fact that all creditors, including those who are guaranteed, are subject to the measures that are taken, so that they exercise their rights and make any kind of guarantee that they have the institution of higher education effective, they must do so within the framework of the measure and in accordance with the provisions governing it.

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ARTICLE 15. REVOCATION AND SIMULATION ACTION FOR THE PROTECTION OF THE ASSETS OF THE INSTITUTION OF HIGHER EDUCATION. During special surveillance, the following acts or businesses may be revoked or simulated in the competent jurisdiction carried out by the institution of higher education, where the assets constituting the assets of the debtor are insufficient to cover the total of the loans recognised by the institution:

l. The extinction of the obligations, the payments in payment and, in general, any act involving the transfer, provision, constitution or cancellation of charges, limitation or dismemberment of the domain of goods of the institution of higher education, to the detriment of their assets, or lease or comodato contracts, which impede the development of the object of the institution of higher education, carried out during the eighteen (18) months preceding the adoption of the surveillance special, where it does not appear that the acquirer, lessee or as a datarium, has acted in good faith.

2. Any act of free title held within twenty-four (24) months prior to the adoption of special surveillance.

The revocation and simulation actions may be brought by the Ministry of National Education, by the inspector on the spot, by the natural or legal person appointed by the Ministry of National Education in accordance with the numeral 4 of the Article 12 of this law, or by any of the creditors, within six (6) months of the adoption of the special surveillance measure.

The judgment that decrees the revocation or the simulation of the act demanded will have, among other measures, the cancellation of the registration of the rights of the defendant expired, and instead will order to register the institution as the new holder of the rights that correspond to it. To this end, the Secretariat shall deliver the communications and trades to the relevant registration offices.

Any person who has contracted with the institution of bad faith shall be obliged to return to the estate the things in question because of the revocation or the declaration of simulation, as well as its fruits and any other perceived benefits. If the refund is not possible, the institution shall provide the institution with the value in money of those things to the date of the judgment.

Where it is necessary to ensure the results of the revocation or simulation of acts of the institution, the judge, on its own initiative or at the request of a party, shall decree the seizure and seizure of property or the registration of the application.

CHAPTER IV.

PROVISION OF THE UNAUTHORIZED HIGHER EDUCATION PUBLIC SERVICE.

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ARTICLE 16. CESSATION OF UNAUTHORIZED ACTIVITIES. The Ministry of National Education shall order the immediate cessation of the provision of the higher education service to those natural or legal persons who offer or develop it without authorization.

In the face of non-compliance with the order of cessation, the Ministry of National Education may impose fines of successive awards on the institution and/or its owners, directors, legal representatives and administrators, up to a thousand (1,000) salaries. Current monthly legal minimum.

The Ministry of National Education shall transmit the information and documents relating to the competent authority for the investigation of the facts and the imposition of the criminal penalties to be applied.

CHAPTER V.

ADMINISTRATIVE SANCTIONS.

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ARTICLE 17. SANTIONS. The Ministry of National Education may impose the following administrative sanctions, upon observance of the due process indicated by Law 30 of 1992, especially in its articles 51 and 52, as well as this law:

l. To managers, legal representatives, directors, administrators, tax reviewers, or any person who exercises the administration and/or control of the institution of higher education, who are investigated:

1.1. Private admonition.

1.2. Public admonition.

1.3. Personal fines of up to five hundred (500) current minimum statutory statutory wages.

1.4. Suspension in the exercise of the respective charge, up to the end of two (2) years.

1.5. Separation from office.

1.6. Inability of up to ten (10) years to pursue charges or to contract with Education Institutions.

2. To the institutions of higher education investigated:

2.1. Institutional fines of up to 1,000 (1,000) current minimum statutory statutory wages.

2.2. Suspension of academic programs, qualified records, or new admissions, up to the end of two (2) years.

2.3. Cancellation of academic programs or qualified records.

2.4. Suspension of the institution's legal status.

2.5. Cancellation of the institution's legal status.

PARAGRAFO 1o. The penalties set out in the numerals 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 of this article, shall be imposed by the Ministry, after the National Council of Higher Education, CESU, by means of motivated resolution, once advanced and completed the corresponding administrative process, with observance of the fullness of its own forms.

PARAGRAFO 2o. The Ministry of National Education will take the registration of the imposed sanctions and adopt the necessary measures to make them effective.

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ARTICLE 18. APPLICATION OF SANTIONS. The Ministry of National Education may impose administrative penalties on directors, directors, legal representatives, administrators, or tax reviewers, when in the exercise of their duties they incur any of the following faults:

1. Do not comply with the constitutional, legal or statutory obligations or obligations that correspond to them in the development of their duties.

2. Execute, authorize, or do not avoid, acts that are violative of the Constitution, of the law, of the rules issued by the National Government, of the statutes or of any rules or provisions to which in the exercise of their functions must be secured.

3. Do not comply with the rules, orders, requirements or instructions issued by the Ministry of National Education for the exercise of its inspection and surveillance powers.

4. Do not submit reports or documents required in the course of administrative investigations, hide, prevent or not authorize access to their files to the competent officials, or refer the requested information with significant errors or in incomplete form.

5. Do not comply with the university statutes, or in the case of the institutions of private education and solidarity economy, implement reforms without the ratification of the Ministry of National Education, in accordance with article 103 of Law 30, 1992.

Administrative sanctions on higher education institutions come when:

l. Do not fulfill the duties or obligations that the constitution, the law, the regulations impose on them.

2. Execute, authorize, or do not avoid, acts that are in violation of the National Constitution, of the law, of the rules issued by the National Government, of the statutes or of provisions or instructions issued by the Ministry of National Education in the exercise of their faculties.

3. Do not comply with the rules, orders, requirements or instructions issued by the Ministry of National Education, exercising their powers.

The above, without prejudice to other actions or penalties to be taken.

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ARTICLE 19. CRITERIA FOR GRADING THE PENALTY. To determine the penalty to be imposed, the following criteria shall be taken into account, inter alia:

1. The severity of the facts or the dimension of the damage.

2. The degree of affectation to the educational public service.

3. The economic benefit which has been obtained for the infringer or for third parties, by the commission of the infringement.

4. The recidivism in the commission of the infringement.

5. Resistance, refusal or obstruction to the investigative or inspection and surveillance action.

6. The use of fraudulent means in the commission of the offence, or the use of an individual to hide or conceal its effects.

7. The degree of prudence and diligence with which the duties have been addressed or the relevant legal standards have been applied.

8. The reluctance or contempt to comply with the orders given by the competent authority.

9. The circumstances of time, mode, and place in which the violation was performed.

10. Compensation for damage or compensation for damage caused.

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ARTICLE 20. PRELIMINARY INVESTIGATION. The Minister of National Education may order the opening of preliminary investigation in order to verify the existence or commission of the acts of incorporation of administrative misconduct indicated in this law.

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ARTICLE 21. CONTINUITY OF THE RIGHT TO EDUCATION. When under the preventive measure, the sanction imposed or any other cause, one or several academic programs, or qualified records, is suspended or cancelled, the institution of higher education must ensure that the cohorts started, the completion of the corresponding programme under quality conditions, for which they must establish and implement a plan of continuity, transition and/or relocation, with the follow-up of the Ministry of Education National.

In case the institution of higher education closes or decides to liquidate, the Ministry of National Education will coordinate with other institutions the relocation of students, so that they are guaranteed the right to education, respecting university autonomy.

CHAPTER VI.

OTHER PROVISIONS, REPEAL AND VALIDITY.

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ARTICLE 22. Ministry of National Education will advance the procedures necessary for the modification of its internal structure and the expansion of its personnel plant, for the proper implementation of the inspection and surveillance functions granted in this law.

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ARTICLE 23. passage] During the year following the entry into force of this law, the national government will have to present to the Congress of the Republic a bill through which the Superintendence of Education. The norms that regulate the creation and functioning of the Superintendence of Education, who will have the purpose of guaranteeing the right to education, the constitutional and legal purposes of education, university autonomy, rights of the different groups in the academic community, the quality, efficiency and continuity in the delivery of the educational service.

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ARTICLE 24. TRANSIENT. Students who have completed one or more semesters in programs that do not have qualified registration in higher education institutions that are intervened by the national government in application of this law, may submit entrance exams to similar programs that do have the respective registration.

The approval results of such tests will have the effect of validating the semesters of the students without the qualified record, in those semesters in which the tests demonstrate adequate knowledge.

This article will be in effect for one (1) year counted from the entry into force of this law.

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ARTICLE 25. REPEAL. This law repeals articles 32, 48, 49, 50, and expression " through the Institute Colombian for the Promotion of Higher Education (Icfes) " from the first and fourth points of Article 51 of Law 30 of 1992.

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ARTICLE 26. VALIDITY. This law governs from the date of its publication.

The President of the Honorable Senate of the Republic,

JOSÉ DAVID NAME CARDOZO.

The Secretary General of the Honorable Senate of the Republic,

GREGORIO ELJACH PACHECO.

The President of the Honorable House of Representatives,

FABIO RAUL AMIN SALEME.

The Secretary General of the Honorable House of Representatives,

JORGE HUMBERTO MANTILLA SERRANO.

Republic of Colombia-National Government

Publish and comply.

Dada en Bogotá, D. C., at 23 December 2014.

JUAN MANUEL SANTOS CALDERÓN

The Minister of Finance and Public Credit,

MAURICIO CÁRDENAS SANTAMARIA.

The Deputy Minister of Criminal Policy and restorative Justice of the Ministry of Justice and Law, in charge of the office of the Ministry of Justice and Law,

MIGUEL SAMPER STROUSS.

The Minister of National Education,

GINA PARODY D' ECHEONA.

The Director of the Administrative Department of the Civil Service,

LILIANA CABALLERO DURAN.

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