Law Creating The National University Of Education, Unae

Original Language Title: Ley de creación de la Universidad Nacional de Educación, UNAE

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Read the untranslated law here: http://www.asambleanacional.gob.ec/es/system/files/document_0.pdf



WHEREAS, Article 3 No. 1 of the Constitution of the Republic of Ecuador establishes the duty of the State to guarantee without discrimination the effective enjoyment of the rights established in the Constitution yen international instruments, including education, health, food, social security and water for its inhabitants;

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That Article 26 of the Constitution of the Republic states that education is a right of people throughout his life, an inescapable and inexcusable duty of the State, priority area of ​​public policy, government investment , guarantee social inclusion and essential for good living condition;

That Article 27 of the Constitution of the Republic determines that education "will be participatory, compulsory, intercultural, democratic, inclusive and diverse, quality and warmth; will promote gender equality, justice, solidarity and peace ", creating the State's obligation to guarantee the constitutional principle of pluri and multiculturalism, including in the curricula materials that relate to peoples and nationalities as a transverse axis refers to cultures, language, customs, worldview, the ynacionalidades peoples;

That Article 344 of the Constitution of the Republic of Ecuador, determines that the national education system include institutions, programs, policies, resources and education stakeholders, as well as actions in the levels of initial education, basic and high school, and it will be articulated with the System of Higher Education;

That number 1 of Article 347 of the Constitution of the Republic of Ecuador states: "It is the responsibility of the State: 1. To strengthen public education and coeducation; ensure continuous improvement of quality, expanded coverage , physical infrastructure and equipment necessary public educational institutions (...). "; That Article 350 of the máter rule says that the higher education system is aimed at academic and professional training with scientific and humanistic vision, promoting scientific and technological research, innovation, promotion, development and dissemination of knowledge and cultures in accordance with the objectives of development regime;

That Article 354 of the fundamental law of the State establishes that universities and polytechnics, public and private schools will be created by law, binding favorable report of the agency responsible for planning, regulation and coordination of Higher Education System , which will build on previous and mandatory favorable reports of the institution responsible for quality assurance and national planning agency;

That Article 355 of the Supreme Charter of the Republic of Ecuador, among other principles, provides that the State shall recognize the autonomy universities and polytechnics academic, administrative, financial and organizational, in line with the objectives of development regime and the principles established in the Constitution; That Article 357 of the Constitution of the Republic of Ecuador, said that the State shall guarantee the financing of public education institutions


Superior, and that the distribution of these resources should be based primarily on the quality and other criteria defined in the Act; That Transitional Provision Twenty of the Constitution of the Republic of Ecuador states: "The Executive will create a higher education institution with the aim of promoting the practice of teaching and managerial, administrative and support in the national education system charges. the national educational uthority lead this institution in the academic, administrative and financial "; That letter b) of Article 20 of the Organic Law on Higher Education (LOES) provides that part of the heritage and funding of higher education institutions, will consist of the income established in the Law Permanent Fund University Development Polytechnic (FOPEDEUPO), which was created to support and strengthen higher education infrastructure, equipment and appropriate conditions that will enable technical and scientific education; That Article 108 of the LOES states that universities and public polytechnics and individuals will be created by law, binding favorable report of the Higher Education Council (CES); That transitional provision the fifteenth of LOES provides that within 5 years after the effective date of this law, new institutions of higher education can not be created, with the exception of the National University of Education, the Amazon Regional University, University of the Arts, and experimental research university technology; That Article 76 of the Organic Law of Intercultural Education, states that for the creation of the National University of Education, must comply with the requirements of the Constitution of the Republic and the Organic Law on Higher Education; and also it notes that the institution of higher education will be conducted in the academic, administrative and financial by the National Education Authority; . That official letter No. 278-SDPE-12, dated November 6, 2012, the Executive Branch, through the Ministry of Education, presented at CES technical and academic proposal for the creation of the National University of UNAE Education; That the CES, based on favorable reports issued by the National Secretariat of Planning and Development (SENPLADES) and the Council of Evaluation, Accreditation and Quality Assurance and Higher Education (CEAACES), by decision RPC-SO-22- No.222-2013, of June 12, 2013, it issued favorable for the creation of the National University of Education UNAE report; That, through letter No. T.6715-SNJ-13-678 of August 9, 2013, submitted to the National Assembly, Economist Rafael Correa Delgado, President of the Republic, endorsed the steps taken by the

4 - Second Supplement - Official Gazette No. 147 - Thursday, December 19, 2013

Ministry of Education, for the development and presentation of technical and academic proposal for the creation of the National University of Education UNAE and referred the relevant bill for treatment; and, in exercise of its powers conferred by Article 120 Number 6 of the Constitution of the Republic, issues the following:

LAW OF CREATION OF THE NATIONAL UNIVERSITY OF EDUCATION UNAE


Section 1. Create the National University of Education UNAE as a higher education institution under public law, non-profit, with legal personality, with academic, administrative, financial and organizational autonomy, in accordance with the provisions of the Constitution of the Republic and the Organic Law on Higher Education. The promoter of the National University of Education UNAE is the executive branch, through the Ministry of Education. Article 2. The National University of Education UNAE, will have its parent company based in the canton Azogues, Cañar province. The Council of Higher Education, in the framework of its powers established in the Organic Law on Higher Education may approve the creation of offices outside the province of the parent headquarters, according to the respective process. The teacher training colleges are academically articulated at the National University of Education, in compliance with the Organic Law on Higher Education. Article 3 constitute assets and sources of funding from the National University of Education UNAE, those determined in the Law on Higher Education and from projects or investment programs generated for implementation. The National University of Education UNAE participate in the share of income allocated by the state to universities and polytechnics. Article 4. In accordance with Transitional Provision Twenty of the Constitution of the Republic, in the organization and functioning of the National University of Education should be observed: 1. The first authorities dela National University of Education will be chosen from lists for the effect would send the National Education Authority; in the nomination of candidates and the implementation of the electoral process will comply with the requirements and procedures established in the Organic Law on Higher Education, the General Rules and Regulations of the institution of higher education. 2. The National Education Authority, coordinate the development and approve strategic institutional development plans Ylos annual operational plans.

GENERAL PROVISION ONLY In matters not provided in this Act shall be as provided in the Organic Law on Higher Education, the General implementing regulation, ydemás rules issued by the Council of Higher Education within the framework of its powers.

TRANSITIONAL PROVISIONS FIRST. - In accordance with the provisions of the Constitution of the Republic, the Law on Higher Education and Regulation of Creation, Intervention, Suspension and Request for Repeal of Law, Decree Law, Executive Decree of Universities and Polytechnics, once enacted this law, the President of the Republic shall appoint the members of the Management Committee. For appointment, members of the Management Committee shall meet the requirements of the Rules of Creation, Intervention, Suspension and Request for Repeal of Law, Decree Law, Executive Decree of Universities and Polytechnics. The Management Board shall act as supreme authority of the National University of UNAE Education, for a non-renewable period of 5 years from the effective date of this Act and shall perform the required academic, administrative, financial and regulatory functions, with the functions of authority university, in charge of planning, managing, shaping, regulating and implementing the actions necessary for the initiation and development of activities of the institution. The Minister of National Education Authority or his delegate, will be part dela Management Committee. Person chairing the Management Committee, will represent legally the National University of Education UNAE the duration of the transition period. The members of the Management Committee shall be appointed and removed. SECOND.- The Management Committee, will leave as integrating each of the levels of the National University of Education UNAE, convene the election processes of their representatives, who will join the Management Committee, in the percentages of representation established in the Organic law on Higher Education and internal regulations of the University. The Management Committee will regulate the durations of such representatives. THIRD.- The Management Committee within a maximum period of ninety (90) days of its formation, start the legal and regulatory procedures required for the adoption of the Statute of the National University of UNAE education and careers and programs make their initial academic offerings.

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FOURTH. - In a maximum period of one hundred eighty (180) days prior to the conclusion of the transition period days, the National Education Authority shall forward to the Management Committee a short list for each of the first authorities of the National University of Education, who will meet requirements of the Organic Law on Higher Education for access to this charge. That done, the Commission shall convene general elections, observing the procedure established in the Law of matter and other applicable standards. At the same time, they are held on election of the representatives of the respective university bodies to the highest academic collegiate body superior, in the terms set forth in the Organic Law on Higher Education and the status of the institution of higher education. The authorities and elected representatives take office once the aforementioned transition period of five (5) years completed. FIFTH.- The transfer of the assets and resources that supported the technical and academic proposal for the creation of the National University of Education UNAE, it must be made within the time and in accordance with the procedures established in the Organic Law on Higher Education, and other applicable laws and regulations. SIXTH.- During the first five years, the National University of Education will participate in the FOPEDEUPO undiminished, in absolute terms, of the funds they receive the universities and polytechnics.

FINAL PROVISION This Act shall come into force after its publication in the Official Gazette. Done and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha province, the twenty-sixth day of November two thousand and thirteen. f.) Gabriela Rivadeneira Burbano, President. f.) DR. LIBYA ORDOÑEZ RIVAS, General Secretary. NATIONAL PALACE IN SAN FRANCISCO DE QUITO METROPOLITAN DISTRICT FIVE December 2013. And Enacted sanction. f.) Rafael Correa Delgado, Constitutional President of the Republic. It is a copy of the original, in eight folios útiles.- certified it. Quito, December 9, 2013. f.) Psych. Glenda Roxana Soto Rubio, Secretary General of the Presidency of the Republic (E).
No. 152


Rafael Correa Delgado CONSTITUTIONAL PRESIDENT


OF THE REPUBLIC Considering
:

That the second paragraph of Article 314 of the Constitution of the Republic of Ecuador provides that the State shall ensure that public services and provision meet the principles of obligation, generality, uniformity, efficiency, accountability, universality, accessibility, regularity, continuity and provide that andQuality prices and tariffs for public services are equitable, establishing its control and regulation; That Article 315 of the Constitution of the Republic of Ecuador stipulates that the State shall constitute public companies for the management of strategic sectors, the provision of public services, sustainable use of natural resources or public goods and the development of other economic activities ; That the aforementioned constitutional provision states that public companies will operate as corporations under public law, with legal personality, financial, economic, administrative and managerial autonomy, with high quality parameters and business, economic, social and environmental criteria; That the Organic Law on Public Enterprises, published in the Supplement to the Official Gazette No. 48 of October 16, 2009, regulates the organization, operation, merger and liquidation of public enterprises; Subrogante the Secretary of Planning, through letter No. SENPLADES-SNPD-2013-0402-OF of June 5, 2013, it issued a report favorable to the creation of the company. In exercise of the powers conferred paragraph 5 of Article 147 of the Constitution of the Republic and paragraph 3 of Article 5 of Organic Laley Public Enterprises
Decreta
:

Cle I 1. Creation, name, nature and DOMICILE.- Créase the Public Utility Vehicle Technical Review (RETEVE EP) as a legal entity of public law with its own assets, endowed with budgetary autonomy, financial, economic administrative, operational and management under the Ministry of Transport and Public Works, in line with the objectives set in the National Plan for Good Living and the provisions of the Organic Law on Public Enterprises, the General Regulations and this Executive Order. The domicile of Public Utility Vehicle Technical Review (RETEVE EP), is the city of Quito DM., May establish subsidiaries, affiliates, agencies and / or business units within or outside the country.