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Year II -- Quito, Tuesday, October 12, 2010 -- No. 298
EXECUTIVE FUNCTION
REPUBLIC OF THE REPUBLIC
ORGANIC EDUCATION LAW SUPERIOR
ING. HUGO ENRIQUE DEL POZO BARREZUETA DIRECTOR
Quito: Avenida 12 de Octubre N 16-114 y Pasaje Nicolás Jiménez Dirección: Telf. 2901-629 -- Offices and sales: Telf. 2234-540 Distribution (Warehouse): 2430-110 -- Manosca Nº 201 and Av. 10 August Branch Guayaquil: Malecon No. 1606 and Av. 10 August-Telf. 2527-107 Annual subscription: US$ 400 + VAT -- Printed on National Editor 1,500 copies -- 40 pages -- Value US$ 1.25 + VAT
Administration of Mr. Ec. Rafael Correa Delgado Constitutional President of the Repub lica
S U P L E M E N T O
2 -- Supplement -- Official Record No. 298 -- Tuesday, October 12, 2010
PRESIDENT OF THE REPUBLIC Office No. T. 4454-SNJ-10-1512 Quito, October 6, 2010 Lord Engineer Hugo Enrique Del Pozo Barrezueta DIRECTOR OF THE OFFICIAL REGISTER In your office Of my consideration: Deputy to the present you will find the trade No. SAN-2010-672 of October 4, 2010, signed by Dr. Francisco Vergara, Secretary General of the National Assembly, of which the certification of the National Assembly, did not deal within thirty days, indicated in the third Article 138 of the Constitution of the Republic, the partial objection presented by the Constitutional President of the Republic, dated September 3, 2010, regarding the Draft Organic Law of Higher Education. Therefore, at the disposal of the Constitutional President of the Republic, he accompanied the text of the Draft Organic Law on Higher Education, in which the objections that the President-in-Office made to the indicated project are incorporated. Constitutional of the Republic, so that, according to the fourth indent of article 138 of the Constitution of the Republic, it is published as Law of the Republic in the Official Register. For the purpose stated, I attach the following documents: 1. Office No. PAN-FC-010-1405, of August 5
2010,which the President of the National Assembly referred to the Presidency of the Republic the project of ORGANIC LAW OF HIGHER EDUCATION.
2. Certified copy of trade No. T. 4454-SNJ-10-1477
of 4 October 2010, signed by the undersigned, by which the National Assembly requested the certification on whether it was reached to discuss and approve, by the plenary of the National Assembly, the partial objection proposed by the Constitutional President of the Republic, with respect to the ORGANIC LAW OF HIGHER EDUCATION.
3. Trade No. SAN-2010-672 of 4 October 2010,
signed by the Secretary General of the National Assembly, which in short certifies that the National Assembly did not rule on the partial objection proposed by the President of the Republic with respect to the ORGANIC HIGHER EDUCATION BILL.
4. The text of the Organic Law of Education Project
Superior in which the
objections that the President of the Constitutional President of the Republic made to the indicated project.
As a documentary support additionally:
i. Certified copy of the Organic Law Project of Higher Education; and
ii. Certified copy of the partial objection of the Constitutional President of the Republic to the Project of Organic Law of Higher Education, sent by ex officio T. 4454-SNJ-10-1352 of 3 September 2010 and its scope transmitted by trade of 13 of September 2010.
Atently, f.) Dr. Alexis Mera Giler, National Legal Secretary of the Presidency of the Republic. Adj.: the indicated C.c. Arq. Fernando Cordero Cueva, President of the National Assembly.
NATIONAL ASSEMBLY. PAN-FC-010-1405 Quito, 5 August 2010 Mr Economista Rafael Correa Delgado CONSTITUTIONAL PRESIDENT OF THE REPUBLIC OF ECUADOR In his office Mr President: The National Assembly, in accordance with the powers conferred on it the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the project of ORGANIC LAW OF HIGHER EDUCATION. In such virtue and for the purposes provided for in Articles 137 of the Constitution of the Republic of Ecuador and 63 of the Organic Law of the Legislative Function, remitted the authentic and copy certified of the text of the bill, as well as the certification of the Secretary General of the National Assembly, on the dates of the respective debates. Intently, f.) Fernando Cordero Cueva, President. PRESIDENT OF THE REPUBLIC.-Legal Secretary General
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Received: Ilegible Name: ....................................... Date: August 5, 2010.-Time: 18h03
CERTIFICATION
In my capacity as Secretary General of the National Assembly, certified that the ORGANIC HIGHER EDUCATION LAW projectwas discussed and approved in the following dates: FIRST DEBATE: 12 and 17-November-2009
SECOND DEBATE: 22, 24, 29-Juni-2010; 13,
20-July-2010 and 04-Agost- 2010
Quito, August 5, 2010 f.) Dr. Francisco Vergara O., Secretary General. It is faithful copy of the original constants in two useful fojas.-I CERTIFY. Quito, October 7, 2010. f.) Ab. Oscar Pico Solorzano, National Undersecretary of Public Administration.
PRESIDENT OF THE REPUBLIC Office No. T. 4454-SNJ-10-1477 Quito, October 4, 2010
Lord Architect Fernando Cordero Cueva PRESIDENT ASSEMBLY NATIONAL In your office Of my considerations: By trade No. T. 4454-SNJ-10-1352, of September 3, 2010, which was received the same day, the Constitutional President of the Republic referred to the National Assembly the partial objection to the Project of Organic Law of Education Superior, in compliance with the provisions of Articles 137 last paragraph and 138 of the Constitution of the Republic, in accordance with Article 64 of the Organic Law of the Legislative Function. In such a virtue, for the purposes of the Law, I ask you to extend a certification of the one that comes off if you have come to discuss and approve or not by the plenary of the National Assembly, the mentioned objection of the President. Constitutional of the Republic, be it in the terms established by the third paragraph of article 64 of the Law of the Law of the Legislative Function, or of its fourth indent, respectively.
For the attention that it serves to give to the present, I anticipate my thanks, reiterating my feeling of consideration and esteem. Intently, f.) Dr. Alexis Mera Giler, National Legal Secretary. It is a constant compressing copy at a useful record.-I certify it. Quito, October 7, 2010. f.) Ab. Oscar Pico Solorzano, National Undersecretary of Public Administration.
NATIONAL ASSEMBLY. SAN-2010-672 Quito, October 4, 2010 Economist Rafael Correa Delgado CONSTITUTIONAL PRESIDENT OF THE REPUBLIC City Mr. President: The National Assembly, dated September 3, 2010, received the trade No. T. 4454-SNJ-10-1352, which contains the partial objection of the President of the Republic to the draft of the Organic Law of Higher Education. Additionally, on September 13, 2010, the communication was received by the Constitutional President of the Republic, by which he referred a scope to the trade No. T. 4454-SNJ-10-1352. For the above, I allow myself to CERTIFY: The Plenary of the National Assembly, in Session No. 59,
carried out on September 27, 2010, dealt with the
partial objection to the draft Organic Law of Education
Superior; however, to this date there is no
statement regarding the ratification of the
text sent to the Presidency of the Republic by
trade No. PAN-FC-010-1405, of August 5, 2010; nor
of the break-in to the partial objection filed by the
Constitutional President of the Republic by
trade No. T. 4454-SNJ-10-1352, September 3,
2010.
Particular that I place in your knowledge, to act in accordance with the provisions of Articles 138 of the Constitution of the Republic of Ecuador and 64 of the Organic Law of the Legislative Function. Intently, f.) Dr. Francisco Vergara O., Secretary General.
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It is a faithful copy of the original constant at a useful record. Quito, October 7, 2010. f.) Ab. Oscar Pico Solorzano, National Undersecretary of Public Administration.
NATIONAL ASSEMBLY
THE PLENO
Considering: That, Art. 1 of the Constitution of the Republic, determines that Ecuador is a State constitutional rights and justice, social, democratic, sovereign, independent, unitary, intercultural, pluricultural and secular. It is organized in the form of a republic and is governed in a decentralized manner; that, Art. 3 numeral 1 of the Constitution of the Republic of Ecuador establishes as the duty of the State to guarantee without any discrimination the effective enjoyment of the rights established in the Constitution and in international instruments, in particular education, health, food, social security and water for its inhabitants; whereas, Art. 26 of the Constitution of the Republic of Ecuador establishes that education is a right of people throughout their lives and an inescapable and inexcusable duty of the State . It is a priority area of public policy and state investment, a guarantee of equality and social inclusion and a prerequisite for good living. People, families and society have the right and responsibility to participate in the educational process; what, Art. 27 of the current Constitution establishes that education will focus on the human being and guarantee its development It will be participatory, obligatory, intercultural, democratic, inclusive and diverse, of quality and warmth; it will promote gender equity, the social and sustainable environment, and the justice, solidarity and peace; it will stimulate the critical sense, the art and the physical culture, the initiative The Ministry of Education and the Ministry of Education, the Ministry of Education, and the Ministry of Education, and the Ministry of Education, and the Ministry of Education, and the Ministry of Education, the Ministry of Education, and the Ministry of Education, and the Ministry of Education, and the Ministry of Education, and the Ministry of Education, service of individual and corporate interests; What, Art. 29 of the Magna Carta states that the State will guarantee the freedom of teaching, the freedom of professorship in higher education, and the right of people to learn in their own language and cultural field, which, Art. 344 of the First Section, Education, Title VII of the Good Regime Living from the Constitution of the Republic of Ecuador, determines that the national education system will comprise the institutions, programs, policies, resources and actors of the process
education, as well as actions in the education levels initial, basic and baccalaureate, and will be articulated with the System of Higher Education; Que, Art. 350 of the Constitution of the Republic of Ecuador points out that the System of Higher Education aims for academic and professional training with scientific and humanist vision; scientific and technological research; innovation, promotion, development and dissemination of knowledge and cultures; the construction of solutions to the problems of the country, in relation to the objectives of the development regime; What, Art. 351 of the Constitution of the Republic of Ecuador establishes the Higher Education System will be articulated to the national education system and the National Development Plan; the law will establish the mechanisms for coordinating the Higher Education System with the Executive Function. This system will be governed by the principles of responsible autonomy, co-government, equal opportunities, quality, pertinence, integrality, self-determination for the production of thought and knowledge, in the framework of the dialogue of knowledge, universal thought and global technological scientific production; whereas, Art. 352 of the State Supreme Charter determines that the Higher Education System will be composed of universities and polytechnic schools; technical higher institutes, technological and pedagogical; and superior conservatories of music and arts, duly accredited and evaluated. These institutions, whether public or private, will not be for profit; that, Art. 353 of the Constitution of the Republic of Ecuador establishes that the System of Higher Education will be governed by a public body of planning, regulation and internal coordination of the system and the relationship between its various actors with the Executive Function; and by a technical public body for accreditation and quality assurance of institutions, careers and programmes, which will not be able to representatives of the institutions which are the subject of regulation; whereas Article 232 of the Constitution the Republic establishes that it may not be officials or officials, nor members of management bodies of entities exercising the state control and control authority, who have interests in the areas to be controlled or The Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of responsible for the planning, regulation and coordination of the system, which will be based on favourable and mandatory prior reports from the institutions responsible for quality assurance and the national planning body. The higher technological, technical and pedagogical institutes, and the higher conservatories, will be set up by a resolution of the body responsible for planning, regulating and coordinating the system, following a favourable report by the institution of assurance of the quality of the system and of the national planning body.
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The creation and financing of new study houses and new public university careers will be subject to the requirements of the national development. The body responsible for the planning, regulation and coordination of the system and the body responsible for accreditation and quality assurance may suspend, in accordance with the law, universities, polytechnic schools, institutes technological, technical and pedagogical superior, as well as to request the repeal of those that are created by law; that, the Art. 355 of the Supreme Charter, among other principles, establishes that the State will recognize the universities and polytechnic schools academic, administrative, financial and organic autonomy, according to with the objectives of the development regime and the principles set out in the Constitution. Universities and polytechnic schools are recognized as the right to autonomy, exercised and understood in a caring and responsible manner. Such autonomy guarantees the exercise of academic freedom and the right to search for the truth, without restrictions; the government and self-management, in line with the principles of alternation, transparency and political rights; and production of science, technology, culture and art. Autonomy does not exempt the institutions of the system from being audited, social responsibility, accountability and participation in national planning; what, Art. 356 of the Constitution of the Republic, among other principles establishes that third-level public higher education will be free, and that this gratuitousness is linked to the academic responsibility of students and students; that, the Constitution of the Republic in its Art. 298 establishes that there will be a pre-allocation for higher education, the transfers of which shall be predictable and That, the Constitution of the Republic in its Art. 357 states that the State will guarantee the financing of public institutions of higher education, and that the distribution of these resources must be based fundamentally on the quality and other criteria defined in the law; that, the twentieth constitutional transitional provision establishes that within five years from the entry into force of this Constitution, all institutions of higher education, as well as their careers, programmes and post-degrees must be assessed and accredited in accordance with the law. In case of failure to overcome the evaluation and accreditation, they will be excluded from the Higher Education System; that a new Organic Law of Higher Education must be issued consistent with the new constitutional principles established in the Charter. Supreme, in force since October 2008; with the international human rights instruments that regulate the principles of higher education; with the new challenges of the Ecuadorian State that seeks to train professionals and academics with a vision humanist, solidarity, committed to the
national goals and with the good living, in a framework of plurality and respect; that, it is necessary to dictate a new Organic Law of Higher Education that contributes to the transformation of society, to its social, productive and environmental structure, forming professionals and academics with skills and knowledge which meet the needs of national development and the construction of citizenship; whereas, in accordance with the provisions of the Transitional Provision First, it is the responsibility of the National Assembly, as a body legislative, to issue the Organic Law of Higher Education; and, In the exercise of its powers, issue the following,
HIGHER EDUCATION ORGANIC LAW
TITLE I
SCOPE, OBJECT, PURPOSE, AND PRINCIPLES OF THE HIGHER EDUCATION SYSTEM
CHAPTER 1
OBJECT Art. 1.-Scope.- This Law regulates the system of higher education in the country, to the bodies and institutions that integrate it; it determines rights, duties and obligations of natural and legal persons, and establishes the respective sanctions for the non-compliance with the provisions contained in the Constitution and this Law. Art. 2.-Object.- This Law aims to define its principles, to guarantee the right to higher education of quality that gives to excellence, to universal access, permanence, mobility and egress without any discrimination.
CHAPTER 2
HIGHER EDUCATION PURPOSES Art. 3.-Finances of Higher Education.- Higher education of a humanistic, cultural and scientific character constitutes a right of persons and a social good that, in accordance with the Constitution of the Republic, will respond to the interest of the public and will not be at the service of individual and corporate interests. Art. 4.-Right to Higher Education.- The right to higher education consists in the effective exercise of equal opportunities, on the basis of the respective merits, in order to access academic and professional training with production of relevant knowledge and excellence. Citizens and citizens individually and collectively, communities, peoples and nationalities have the right and responsibility to participate in the higher education process, through the mechanisms established in the Constitution and This Law.
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Art. 5.-Rights of the students.- It is the rights of the students and the students: a) Access, mobilize, remain, graduate and be entitled without
discrimination on the basis of their academic merits; b) Access to a quality higher education and
relevant, enabling an academic and/or professional career to be initiated in equal opportunities;
c) Count and access appropriate resources and resources
for higher education; guaranteed by the Constitution;
d) Participate in the process of evaluation and accreditation of
your career; e) Choose and be elected to the representations
students and integrate the co-government, in the Case of polytechnic universities and schools;
f) Exercise the freedom to associate, express and complete
their training under the widest freedom of professorship and research;
g) Participate in the construction process, dissemination and
application of knowledge; h) The right to receive a secular higher education,
intercultural, democratic, inclusive and diverse, that promotes gender equity, justice and peace; e,
i) Obtaining his academic merits scholarships,
credits and other forms of economic support to guarantee him equal opportunities in the higher education training process.
Art. 6.-Rights of teachers and researchers or researchers.- The rights of professors or professors and researchers or researchers in accordance with the Constitution and this Law: a) To exercise the Chair and the investigation under the widest
freedom without any kind of religious, political, partisan or other imposition or restriction;
b) Contar with the necessary conditions for the exercise
of its (c) Access to the career of professor and researcher and
management positions, ensuring stability, promotion, mobility and retirement, based on academic merit, on the quality of teaching taught, in production (a) research, in continuous improvement, without admitting gender discrimination or any other type;
d) Participate in the institutional evaluation system; e) Choose and be elected to the representations of
teachers, and integrate the co-government, in the case of universities and polytechnic schools;
f) Exercise the freedom to associate and express yourself; g) Participate in the process of construction, dissemination and
application of knowledge; and,
h) Receive regular training according to your professional training and the chair you provide, which encourages and encourage academic and pedagogical personal improvement.
Art. 7.-Of the Guarantees for the exercise of the rights of persons with disabilities.- For the students, teachers or teachers, researchers or researchers, servers and servants and the workers with disabilities, the The rights set out in the preceding articles include compliance with the accessibility of interpretation services and the necessary technical support, which must be of quality and sufficient within the Higher Education System. All institutions of the Higher Education System shall ensure in their academic and administrative facilities the necessary conditions for persons with disabilities not to be deprived of the right to carry out their activities, potential and skills. Art. 8.-Higher Education shall be completed.- Higher education shall have the following purposes: a) To support the development of universal thinking, the
deployment of scientific production and the promotion of technology transfers and innovations;
b) Strengthening students and students in a thoughtful spirit
oriented to the achievement of personal autonomy, in a framework of freedom of thought and ideological pluralism;
c) Contribute to knowledge, preservation and
enrichment of ancestral knowledge and national culture;
d) Forming academics and responsible professionals, with
ethical and solidarity awareness, able to contribute to the development of the institutions of the Republic, to the validity of the democratic order, and to stimulate social participation;
e) To bear with the fulfillment of the objectives of the
system of development previewed in the Constitution and the National Development Plan;
f) Encourage and execute research programs of
scientific, technological and pedagogical character that contribute to the improvement and protection of the environment and promote development National sustainable;
g) Constituting spaces for strengthening the State
Constitutional, sovereign, independent, unitary, intercultural, plurinational and secular; and,
h) Contribute to local and national development in a way
permanent, through community work or university extension.
Art. 9. Higher education and good living.- education is an indispensable condition for the construction of the right of good living, in the framework of interculturality, of respect for diversity and harmonious coexistence with nature.
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Art. 10.-Articulation of the System.- Higher education integrates the permanent process of education throughout life. The Higher Education System will be linked to initial, basic, high school and non-formal education. Art. 11.-Responsibility of the Central State.- The Central State must provide the means and resources only for the public institutions that make up the System of Higher Education, as well as provide the guarantees for all the institutions of the Alluded System comply with: a) Ensure the right to higher education; b) Generate conditions of independence for the
production and transmission of thought and knowledge;
c) Facilitate a due joint with society; d) Promote and promote policies that allow the
integrating and promoting the cultural diversity of the country;
e) Promoting and fostering public policies that promote
an academic and professional offer according to the requirements of national development;
f) integrality with system levels
national education; g) Ensuring free higher education
publishes up to the third level; and,
h) Ensuring funding under the conditions set out in this Act, in compliance with applicable rules for each case.
CHAPTER 3
HIGHER EDUCATION SYSTEM PRINCIPLES
Art. 12.-Principles of the System.- The System of Higher Education shall be governed by the principles of responsible autonomy, co-government, equal opportunities, quality, relevance, integrality and self-determination for the production of thought and knowledge in the framework of the dialogue of knowledge, universal thought and global technological scientific production. These principles govern in an integral way the institutions, actors, processes, norms, resources, and other components of the system, in the terms established by this Law. Art. 13.-Functions of the Higher Education System.- They are functions of the Higher Education System: a) Ensuring the right to higher education through
teaching, research and its linkage with society, and ensuring increasing levels of quality, academic excellence and relevance;
b) Promoting creation, development, transmission and dissemination
of science, technology, technology and culture;
c) Forming academics, scientists and professionals responsible, ethical and supportive, committed to society, properly prepared to be able to generate and apply their scientific knowledge and methods, as well as the creation and cultural and artistic promotion;
d) Strengthen the exercise and development of teaching and
scientific research at all levels and modalities of the system;
e) Evaluate, accredit and categorize the institutions of the
Higher Education System, its programs and careers, and ensure independence and ethics in the process.
f) Ensuring respect for university autonomy
responsible; g) Ensuring co-governance in institutions
university and polytechnics; h) Promote the entry of teaching staff and
administrative, based on public competitions provided for in the Constitution;
i) Increasing and diversifying the opportunities of
updating and perfecting professional for the system actors;
j) Ensuring the facilities and conditions necessary for
that people with disabilities can exercise the right to develop activity, potential and skills;
k) Promote associative mechanisms with other
institutions higher education, as well as with academic units from other countries, for study, analysis, research and approach to national, regional, continental and global problem solutions;
l) Promote and strengthen the development of languages,
ancestral cultures and knowledge of peoples and nationalities of the Ecuador in the framework of interculturality;
m) Promoting respect for the rights of nature, the
preservation of a healthy environment and an education and ecological culture;
n) Ensuring production of thought and
articulated knowledge with universal thinking; and,
n) Providing optimal levels of quality in training and in
research. Art. 14.-They are institutions of the Higher Education System: (a) Universities, public polytechnic schools and
individuals, duly evaluated and accredited, as provided for in this Law; and,
b) Technical higher institutes, technological,
pedagogical, arts and conservatories higher,
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both public and private, duly evaluated and accredited, as provided by this Law.
Art. 15.-Public bodies governing the Higher Education System.- The public bodies governing the Higher Education System are: (a) The Board of Higher Education (CES); and (b) The Board of Evaluation, Accreditation and
Quality Assurance of Higher Education (CEAACES).
Art. 16.-Consultation bodies of the System of Higher Education.- The institutions of consultation of the System of Higher Education are: the Assembly of the System of Higher Education and the Regional Advisory Committees of Planning of Education Superior.
TITLE II
AUTONOMY RESPONSIBLE FOR UNIVERSITIES AND POLYTECHNIC SCHOOLS
CHAPTER 1
OF THE EXERCISE OF RESPONSIBLE AUTONOMY
Art. 17.-Recognition of responsible autonomy.- The State recognizes universities and polytechnic schools academic, administrative, financial and organic autonomy, in accordance with the principles established in the Constitution of the Republic. In the exercise of responsible autonomy, polytechnic universities and schools will maintain relations of reciprocity and cooperation between them and these with the State and society; they will also observe the principles of justice, equity, solidarity, citizen participation, social responsibility and accountability. Art. 18.-Exercise of responsible autonomy.- The responsible autonomy exercised by universities and polytechnic schools consists of: a) Independence for teachers and
researchers from universities and polytechnic schools to exercise the freedom of chair and research;
b) The freedom to issue their statutes within the framework of the
provisions of this Law; c) Freedom in the elaboration of their plans and programs
of study in the framework of the provisions of this Law;
d) Freedom to appoint their authorities, teachers or
teachers, researchers, researchers, and servers and workers, taking into account the alternation and equity of gender, in accordance with the Law;
e) The freedom to manage their internal processes;
f) The freedom to develop, approve and execute the institutional budget. For the purpose, in the case of public institutions, the parameters established by the public sector regulations will be observed;
g) The freedom to acquire and manage their assets in
the form provided for by the Law; freedom to administer the resources in accordance with the
objectives of the development regime, without prejudice to the supervision of the institution by an internal or external controller, as established by the Law; and,
i) determine its forms and organs of
government, in line with the principles of alternation, gender equity, transparency and political rights as outlined by the Constitution of the Republic, and integrate such organs into representation of the university community, according to this Law and the statutes of each institution.
Art. 19.-Inviolability of university campuses.- The precincts of universities and polytechnic schools are inviolable and cannot be raided but in the cases and terms in which the domicile of a person can be, as provided for in the Constitution and the Law. They must serve exclusively, for the fulfilment of their purposes and objectives defined in this Law. The supervision and maintenance of the internal order are the responsibility and responsibility of the authorities. Where public force safeguards are needed, the legal representative of the institution shall request the relevant assistance, which shall inform the higher academic collegiate body at the time. Those who violate these enclosures will be sanctioned in accordance with the Law.
CHAPTER 2
HERITAGE AND FUNDING OF HIGHER EDUCATION INSTITUTIONS
Art. 20.-From the Heritage and Financing of the institutions of the higher education system.- In the exercise of the responsible autonomy, the patrimony and financing of the institutions of the higher education system shall be constituted by: a) The movable and immovable property that is enacted by this
Act, and the assets that are acquired in the future for any title, as well as those that were offered and committed at the time of presenting their project creation;
b) The income established in the Law of the Permanent Fund
of University and Polytechnic Development (FOPEDEUPO);
c) The allocations that have been recorded and those that are in
the General Budget of the State, with the increases mandated by the Constitution of the Republic of Ecuador;
d) correspond to gratuitousness for
public institutions;
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e) Revenue by license plates, rights and duties, with
the exceptions set forth in the Constitution and in this Act public polytechnic universities and schools;
f) The benefits obtained by their participation in
productive activities of goods and services, provided that such participation is not for profit and for the benefit of the institution;
g) Resources from inheritances, legacies, and
donations in your favor; h) Self-generated funds for courses, seminars
extracurriculars, post-graduate programs, consultancies, provision of services and the like, within the framework of this Law;
i) Income from property intellectual
as a result of their research and other academic activities;
j) Budgetary balances committed to
investment in science and technology development and academic and research projects that They shall be in execution not due to the end of the financial year, obligatorily will be incorporated into the budget of the following fiscal year;
k) The resources obtained by contributions from the
international cooperation; and, l) Other goods and economic funds that correspond to them
or that they acquire in agreement with the Law. Art. 21.-Accreditation of funds.- The constant funds in literals (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) and (l) of the previous Article, corresponding to public institutions, as well as resources corresponding to universities Private individuals receiving allocations and income from the State will be accredited in the corresponding sub-accounts of the National Treasury's Single Account. Art. 22.-Private income.- The Executive Function may not deprive of its income or budgetary allocations, or delay transfers to any institution of the system, except in the cases provided for in this Law. Art. 23.-Guarantee of the financing of public institutions of higher education.- In accordance with the Constitution of the Republic of Ecuador and this Law, the State guarantees the financing of public institutions of education above, which will necessarily be included in the General Budget of the State that is approved each year. Art. 24.-Distribution of resources.- The resources allocated annually by the State in favour of universities, polytechnic schools, technical, technological, pedagogical, arts and higher conservatory institutes public and private individuals who receive income and state allocations, will be distributed based on criteria of quality, efficiency, equity, justice and academic excellence, which among other parameters will prevail:
a) students and cost per career and level; b) Number, dedication, title and teaching experience in
function of the relevant assessments; c) Academic classification and typology of institutions,
careers and programs; d) Efficiency in teaching and research and relationship with the
national and regional development; e) Terminal efficiency; and, (f) Administrative efficiency. The percentages corresponding to each distribution parameter will be set out in the respective regulations, and will take into account: the guidelines of the National Development Plan, a system of incentives oriented to academic excellence, the improvement of the training of the plants of teachers and researchers, the type of career, the promotion of research, innovation and technological development. It shall be considered as an additional parameter, the linking of its offer to national or regional development, the creation of synergies, partnerships and/or mergers with other institutions of higher education in its region, and the promotion of potential territorial. For the distribution of resources, the National Secretariat for Higher Education, Science, Technology and Innovation will draw up a report on the distribution of resources for the approval of the Education Council. Superior. Once approved, the National Secretariat for Higher Education, Science, Technology and Innovation will distribute these resources. Institutions of higher education to be created or incorporated into the distribution of funds under the Law shall receive the proportional share of the increases in the respective income, from the year following their creation or incorporation. Art. 25.-Accountability. The institutions of the Higher Education System shall be accountable for the fulfillment of their purposes and the public funds received, through the mechanism established by the Comptroller General of the State, in coordination with the National Secretariat for Higher Education, Science, Technology and Innovation, and in accordance with the provisions of the Law governing access to information. Art. 26.-Control of funds not coming from the State.- For the use of funds that are not from the State, universities and polytechnic schools will be subject to the respective internal regulations, and their control will be subject to the special mechanisms for its internal audit. In the case of public higher education establishments, they shall be subject to the provisions of the Comptroller General of the State, which shall organize a system of control and audit according to the characteristics of the educational establishments. above. Art. 27.-Social accountability.- The institutions that are part of the Higher Education System, in the
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exercising its responsible autonomy, having an annual obligation to account to society, on the performance of its mission, purpose, and objectives. Accountability will also be done before the Board of Higher Education.
Art. 28.-Additional sources of income and tax exonerations.- Public higher education institutions will be able to create complementary sources of income to improve their academic capacity, invest in research, grant of scholarships and financial assistance, to form doctoral degrees, in graduate programs, or investment in infrastructure, in the terms established in this Law. The public higher education institutions will enjoy the benefits and exonerations in tax and tariff matters, which are in force in the law for the rest of public institutions, provided that these revenues are intended exclusively for Proven way to the services referred to above. Technical advisory services, consultancy services and other services constituting alternative sources of income for universities and polytechnic schools, public or private, may be carried out to the extent that they do not object to their character Non-profit institutions. The Board of Higher Education shall regulate by completing this obligation through the respective regulations.
Art. 29.-Distribution of increases.- The distribution of the FOPEDEUPO increases that the State allocates in the future will be determined by the Board of Higher Education based on the reports of the National Secretariat of Higher Education, Science, Technology and Innovation.
Art. 30.-State allocations and revenues for private universities and polytechnic schools.- The universities and polytechnic schools that are assigned to the entry of the Constitution of the Republic of Ecuador and to the entry of the Constitution of the Republic of Ecuador State revenues, they will be able to continue to perceive them in the future. They are obliged to allocate these resources to the granting of scholarships for schooling and research to students enrolled in academic programs of any level, which for their origin economic partner, ethnicity, gender, disability or place of residence, among others, have difficulty in accessing, maintaining and successfully completing their training, from the beginning of the career; as well as teaching and research grants for obtaining the fourth level title.
Art. 31.-Of legacies or donations.- The legacies of natural persons and donations made by legal or natural persons to institutions of higher education, to the Council of Higher Education, or to the Council of Evaluation, Accreditation and Quality Assurance of Higher Education, will be exempt from the corresponding taxes. Goods which have been transferred by donation or legacies shall be incorporated into the assets of the institutions of higher education, and may be used exclusively to maintain or increase the assets of the institution receiving the aid. donation, or may be donated to other
public or private institutions of higher education, as provided for in this Law and the regulations that for the effect the Council of Higher Education will issue. Where the donor or the recipient has not established the destination of the donation, the resources obtained by this concept must be allocated solely to investments in infrastructure, bibliographic resources, equipment, laboratories, courses of undergraduate and graduate training, training and training of teachers or teachers and to finance research projects. The National Secretariat of Higher Education, Science, Technology and Innovation will ensure compliance with this provision.
Art. 32.-Computer programs.- The companies that distribute software have the obligation to grant preferential rates for the use of the compulsory licenses of the respective programs, in favor of the institutions of higher education, for academic purposes. Institutions of higher education will compulsorily incorporate the use of software with free software.
Art. 33.-Accreditation of rents.- The Ministry of Finance shall have the automatic accreditation of income established in favour of public and private institutions receiving allocations and income from the State, in accordance with the Law.
Art. 34.-Public indebtedness of public higher education institutions.- Public higher education institutions may contract public debt in compliance with the provisions of the Constitution and the corresponding Law. Debt can only be used for programs and investment projects, for infrastructure and equipment, with criteria for improving quality.
Art. 35.-Allocation of resources for research, science and technology and innovation.- The institutions of the Higher Education System will be able to access additional and preferably the public resources available for the pre-allocation of the research, science, technology and innovation established in the relevant law. Art. 36.-Allocation of resources for publications, scholarships for teachers or teachers and research.- The institutions of higher education of a public and private nature will compulsorily assign in their budgets, at least, the six by (6%) to indexed publications, postgraduate scholarships for their teachers or teachers and research under the national development scheme. The National Secretariat for Higher Education, Science, Technology and Innovation will ensure the implementation of this provision. Art. 37.-Exoneration of taxes.- Tax exonerations are established under the following provisions: (a) Higher education institutions are exempt
from the payment of all taxes and tax contributions, municipal, special or additional, including the contribution to the Comptroller General of the State;
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b) In the acts and contracts in which these
institutions are involved, the counterparty must pay the tribute, in the ratio that
c)cultural and sporting event organized by the
institutions of the Higher Education System in their premises will be exempt from any tax as long as it is for the exclusive benefit of the institution that organizes.
Art. 38.-Exoneration of customs duties.- Higher education institutions enjoy exemption from customs duties and additional duties on the importation of goods and materials, provided they justify their direct utility for the investigation or academic activities. The National Secretariat of Higher Education, Science, Technology and Innovation will ensure the correct implementation of this standard. Art. 39.-Prohibition of unfair competition.- The institutions of higher education carrying out economic, productive or commercial activities shall create for the effect distinct and independent legal persons of the educational institution. In these activities, they will not benefit from exemptions or exclusive tax exemptions from educational institutions, nor will they use the free services of their students, teachers or administrative staff. The services or work provided by these persons shall be remunerated in accordance with the corresponding legal provisions. The relationship between these business activities and academic practices will be regulated by the Board of Higher Education. Art. 40.-Disposal of goods.- Universities and polytechnic schools may dispose of their property, observing, in each case, the corresponding legal provisions. Public and private universities and polytechnic schools that receive income and allocations from the State will only be able to make donations, in favor of the public sector in accordance with the Law and with the regulations that will establish the Board of Higher Education. Art. 41.-Destination of the assets of an institution of higher education extinguished.- Where the extinction of a public or private higher education institution is declared to receive income and allocations from the State, its assets shall be allocated to strengthen public higher education institutions, under the responsibility and regulation of the Higher Education Council. Where the extinction of a particular institution of higher education is declared that it does not receive public funds, its assets shall be used to strengthen public or private higher education, in accordance with its statutes. Prior to and during this process, public and private institutions will have to comply with all of their work obligations, legal obligations and academic commitments with their students. The Rules of Procedure will rule the procedure.
Art. 42.-Information about institutions of higher education.- Public institutions with financial information relevant to the study and control of the financing of higher education institutions are required to provide access to the National Secretariat for Higher Education, Science, Technology and Innovation; to the Council of Higher Education and to external auditors authorized by the Council. For information and statistical purposes, higher education institutions shall send the National Secretariat for Higher Education, Science, Technology and Innovation annually, their annual budgets duly approved and the budgetary liquidations for each financial year. This information will be legally integrated into Ecuador's National Higher Education Information System.
Art. 43.-Publication of information in electronic portal.- The institutions that make up the System of Higher Education, in compliance with the Law, will have to publish on their electronic portal the remuneration of their authorities, teachers, researchers, servers and workers. This information will be made compulsory to the National System of Information of Higher Education of Ecuador. Art. 44.-Coactive jurisdiction.- Public higher education institutions and public bodies governing the System of Higher Education have the right to exercise coactive jurisdiction for the collection of credit securities issued for any concept of obligations.
TITLE III
COGOVERNMENT
CHAPTER 1
CO-GOVERNMENT PRINCIPLE Art. 45.-Principle of Cognition.- The co-government is an integral part of responsible university autonomy. It consists in the shared direction of the universities and polytechnic schools by the different sectors of the community of these institutions: teachers, students, employees and workers, according to the principles of quality, equality of opportunities, alternability and gender equity. Polytechnic universities and schools will include this principle in their respective statutes.
CHAPTER 2
OF THE CO-GOVERNMENT OF UNIVERSITIES AND POLYTECHNIC SCHOOLS
First Section
Of The Collegiate Bodies Art. 46.-Organs of a collegiate nature.- For the exercise of the co-government the universities and polytechnic schools
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will define and establish academic and administrative collegiate bodies as well as support units. Their organization, integration, duties and duties shall consist in their respective statutes and regulations, in accordance with their mission and the provisions laid down in this Law. In the formation of the collegiate bodies, the necessary measures of affirmative action will be taken to ensure the equal participation of women. Art. 47.-Higher academic collegiate body.- Universities and public and private polytechnic schools shall have as the maximum authority a higher academic collegiate body which shall be composed of authorities, representatives of teachers, students and graduates. For the treatment of administrative matters, representatives of the servers and workers will be integrated into this body. The universities and polytechnic schools will form consultative committees of graduates that will serve as support for the treatment of academic subjects. The conformation of these committees will be done according to their respective statutes.
Second Section
From Rector, Vice-Rector/is and Other Academic Authorities
Art. 48.-From the Rector or Rector.- The Rector or the Rector is the first executive authority of the university or public or private polytechnic school, and shall exercise legal, judicial and extrajudicial representation. The Rector or the Rector shall preside over the higher academic collegiate body and those bodies which point out the respective status in the exercise of its responsible autonomy; it shall perform its functions at full time and shall last in the exercise of his office for five years. He may be re-elected, consecutively or not, for one time. He will have the duties and duties assigned to him by the statute. Art. 49.-Requirements to be Rector or Rector.- To be Rector or Rector of a university or polytechnic school is required: a) Be in enjoyment of the rights to participate; b) Have a professional degree and academic degree of doctor
as set out in Article 121 of this Law;
c) Have experience of at least five years in management
university education or equivalent management experience;
d) Haber performed or published relevant works or
indexed articles in their field of specialty, over the past five years;
e) Haber accessed teaching by public tender of
merit and opposition at any university or polytechnic school; and,
f) Having a teaching experience of at least five years, three of which must have been exercised as a full-time university or polytechnic professor, and have exercised teaching with probity, efficiency and relevance.
Art. 50.-Additional obligations of the Rector or Rector.- Additional obligations of the Rector or Rector: 1. To fulfill and enforce the Constitution of the Republic of Ecuador, this Law, its regulations, the general provisions, the resolutions of the highest academic collegiate body and the statute of the institution; and, 2. Present a annual report of accountability to society, the university or polytechnic community, the Higher Education Council and the National Secretariat for Higher Education, Science, Technology and Innovation, which will be published in a medium that ensures its mass spread.
Art. 51.-Vice-Rectors or Vice-Chancellors.- The public and private universities and polytechnic schools, in exercise of their responsible autonomy, will have a Vice-Rector or Vice-Chancellors who must meet the same requirements as to be Rector. To be an Academic Vice-Rector, the same requirements will be required to be Rector, with the exception of the requirement of experience in university educational management or equivalent experience in management, which in this case, will be at least three years. To be Administrative Vice-Rector or other type, the same requirements must be met as to be rector, except for the requirement to have published relevant works or indexed articles in their field of specialty in the last five years; will require a master's degree; five years in university educational management or equivalent experience in management; they will not be able to subrogate or replace the rector. The privileges of the Vice-Chancellor or Vice-Chancellors shall be laid down in the respective statute. The vice-chancellor or vice-chancellors will last for five years and may be re-elected, consecutively or not, for one time.
Art. 52.-Subrogation or replacement.- The status of each institution shall include the subrogation or replacement of the rector, vice-chancellors or vice-rectors and academic authorities in case of temporary or permanent absence, in exercise of their autonomy responsible. Once their periods have been completed, the rector, vice-chancellor or vice-chancellor, vice-chancellors and academic authorities of the universities and polytechnic schools will have the right to have their institutions reintegrated into the academic who were performing before assuming the above mentioned charges, with the remuneration corresponding to the functions to which they are reintegrated.
Art. 53.-Academic authorities.- The academic authorities will be designated by the established authorities
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in the statute of each university or polytechnic school, which may be rechosen consecutively or not, for one time. Academic authority is understood to be the charges of Dean, Subdean or similar hierarchy. Art.-54.-Requirements for academic authority.- To be an academic authority it is required to: a) Be in enjoyment of the rights of participation; b) Have professional title and academic degree of mastery
or doctor as established in the Art. 121 of this Law;
c) Haber made or published works of relevance or
articles indexed in its field of specialty, in the last five years; and,
d) Credit experience of at least five years,
as a professor or university professor or polytechnic holder.
Art. 55.-Election of First Authorities.- The choice of Rector or Rector and Vice-Rector, Vice-Chancellors or Vice-Chancellor of the universities and polytechnic schools shall be made by universal, direct, secret and compulsory voting of the teachers and/or female teachers and researchers, and regular students who are legally registered from the second year of their career, and from the holders and workers. No trade union delegations will be allowed. The academic authorities of the University of the Armed Forces will be elected in accordance with their statutes. The designation of rector, vice-chancellor or vice-chancellor, vice-chancellors, or vice-chancellor and military academic authorities shall be fulfilled in accordance with their constitutional or statutory rules, subject to mandatory academic and periods laid down in this Law. Teachers of the University of the Armed Forces who do not provide courses or subjects related exclusively to academic levels of military training will be governed by the parameters and requirements of this Law. Art. 56.-Gender parity, equal opportunities and equity.- When there are lists for the election of rector, vice-chancellor or vice-chancellor, vice-chancellors or vice-chancellor, and other academic authorities, they must be integrated with respect to the alternation, gender parity, equality of opportunity and equity according to the Constitution. Art. 57.-Voting of and students for the election of rector or rector and vice-chancellor, vice-chancellors or vice-chancellor.- The vote of the and the students for the election of rector or rector and vice-chancellor or vice-chancellor, vice-chancellors or vice-rectors of public and private universities and polytechnic schools, in the exercise of their responsible autonomy, will be equal to the percentage of 10% to 25% of the total of the academic staff with the right to vote.
Art. 58.-Voting of the servants and the workers for the election of rector or rector and vice-chancellor, vice-chancellors or vice-rectors.- The voting of the and the servers and the workers for the election of rector (a) a percentage of between 1% and 5% of the total of the academic staff with the right to vote shall be equivalent to a percentage between 1% and 5% of the total of the academic staff with the right to vote. Art. 59.-Participation of academic staff.- In the collective bodies of co-government, teachers will be represented by people elected by universal vote of the respective bodies. This situation should be in the institutional statutes.
Third Section
Of the participation of the students, the graduates, the students and the servers and the workers in
the co-government
Art. 60.-Participation of students and students.- The participation of students in the collegiate bodies of the co-government of public and private universities and polytechnic schools, in the exercise of their responsible autonomy, will be 10% to 25% total of the academic staff with the right to vote, with the exception of the rector, vice-chancellor or vice-chancellor and vice-rectors or vice-rectors of this accounting. The participation of graduates in the collective bodies of co-government of public and private universities and polytechnic schools, in the exercise of their responsible autonomy, shall be 1% to 5% of the academic staff with the right to vote, except to the rector, vice-chancellor or vice-chancellor and vice-chancellors or vice-rectors of this accounting. Graduates shall have as a requirement to have graduated at least five years before they exercise the said participation. The choice of student representatives and graduates before the collegiate bodies will be carried out by universal, direct and secret ballot. Their renewal shall be carried out on the basis of the periodicity laid down in the statutes of each institution; otherwise they shall lose their representation. For these representations, the re-election will proceed, consecutively or not, for once. Art. 61.-Requirements for student representation dignities.- For student representation dignities to co-government, candidates must be regular students of the institution; credit an average of qualifications equivalent to very good according to institutional regulation; have approved at least fifty percent of the curricular mesh; and, have not retried any matter. Art. 62.-Participation of the and the servants and the workers in the co-government.- The participation of the and the servants and the workers in the collective bodies of co-government of the public and private universities will be equivalent to a percentage of 1% to 5% of the total of the academic staff with the right to vote. The servers and the servants and the workers or their representatives shall not participate in the decisions of an academic nature.
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Section Fourth
The operation of the co-government and
referendum . 63.-The installation and operation of the co-government bodies.- For the installation and operation of the co-governing bodies of universities and polytechnic schools, there will be a quorum of more than half of its members. Decisions shall be taken by a simple or special majority, in accordance with the provisions of the statutes of each institution. The decisions of the co-government bodies that are not integrated in accordance with this Law shall be null and void and shall not have any legal effect. It will be the responsibility of the first executive authority of the university or polytechnic school to ensure the legal integration of the co-government bodies.
Art. 64.-Referring to universities and polytechnic schools.- In the exercise of responsible autonomy, the referendum mechanism is established in universities and polytechnic schools, to consult the institution's transcendental issues call of the rector or rector of the highest academic collegiate body; its result will be mandatory and immediate compliance. The status of each university or polytechnic school will normalize this faculty.
CHAPTER 3
THE GOVERNMENT OF THE TECHNICAL, TECHNOLOGICAL, HIGHER INSTITUTES,
PEDAGOGICAL, ARTS AND CONSERVATORY
Art. 65.-Government of higher technical and technological institutes, pedagogical and conservatory of music and arts.- The government of the higher technical and technological institutes, pedagogical, arts and conservatories, will be regulated by This Law and the regulations for the purpose of the Council of Higher Education. The government authorities of the higher technical, technological, pedagogical, arts and conservatory institutes will be appointed by the National Secretariat for Higher Education, Science, Technology and Innovation. contest of merit and opposition, with criteria of equality and parity of gender, alternation and equal opportunities.
Art. 66.-Requirements to be rector or rector and vice-chancellor or vice-chancellor of a higher technical or technological institute, pedagogical, arts and conservatory.- To be rector or rector, vice-chancellor or vice-chancellor, and vice-chancellors vice-chancellor of a higher technical, technological, pedagogical, arts and conservatory institute, it is required to have the professional degree and academic degree of fourth level corresponding to mastery in areas of its competence, and a minimum experience of three years in the exercise of teaching or research, who will last five years
It will be up to the rector or rector to present their annual report of accountability to the National Secretariat of Higher Education, Science, Technology and Innovation.
CHAPTER 4
SEMES Art. 67.-Responsibility of the members of the governing bodies.- The members of all the governing bodies of the institutions of the System of Higher Education shall be personally and financially responsible for their decisions. Art. 68.-Guarantee of trade associations.- The institutions of higher education will ensure the existence of union organizations in their bosom, which will have their own statutes that will be in accordance with the institutional and institutional regulations. This Law. Its directives must be renewed in accordance with the statutory rules; otherwise, the highest academic body of the institution will call for elections which will ensure democratic renewal. Art. 69.-Denomination different from that of Rector.- Institutions of higher education may not give the highest executive authority a different denomination to that of Rector. Art. 70.-The employment system of the public servants and the workers of the Higher Education System.- The staff of the institutions and public bodies of the Higher Education System are public servants, whose regime will be governed by the Law of Public Service in accordance with the general rules; except for the case of the workers, which are regulated by the Labour Code. Teachers and researchers or researchers from universities and public polytechnic schools are public servants subject to their own regime which will be covered by the Professor's Career and Escalation Regulations. Researcher of the System of Higher Education, which will set the rules governing income, promotion, stability, evaluation, improvement, salary scales, institutional strengthening, retirement and cessation. The provisions of the Labour Code shall be observed in the institutions of higher education. Foreign visitors may have a special remuneration scheme in accordance with the regulations which the Board of Higher Education may issue for the purpose of the regulations. It is prohibited for resources from the State to finance private supplementary retirement funds, private loans or any private fund whatever their denomination in the institutions of the public higher education system. individuals receiving income or allocations from the State. These funds will be able to continue to apply and generate their benefits for this type of coverage, provided that they consider for their unique financing and exclusively the individual contributions of their beneficiaries.
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TITLE IV
EQUAL OPPORTUNITIES
CHAPTER 1
OF THE PRINCIPLE OF EQUALITY OPPORTUNITIES
Art. 71.-Principle of equal opportunities.- The principle of equal opportunities is to guarantee all actors in the Higher Education System the same possibilities in the access, permanence, mobility and egress of the system, without discrimination of gender, creed, sexual orientation, ethnicity, culture, political preference, socioeconomic status or disability. The institutions that make up the System of Higher Education will propose by the means at their disposal that the principle of equal opportunities be met in favor of the migrants. Access for persons with disabilities will be promoted within the institutions of the Higher Education System under the conditions of quality, relevance and regulations provided for in this Law and its Rules of Procedure. The Board of Higher Education will ensure compliance with this provision.
Art. 72.-Guarantee of university access for Ecuadorians abroad.- The universities and polytechnic schools will guarantee access to higher education of the Ecuadorian residents abroad through the promotion of programs academics. The Board of Higher Education will dictate the standards in which quality and excellence are guaranteed.
Art. 73.-Tariff duties.- The collection of duties, tuition and fees by the institutions of higher education shall respect the principle of equal opportunities and be regulated by the Board of Higher Education. No amount will be charged for the degree rights or the granting of the academic title.
Art. 74.-Quota Policies.- The higher education institutions will implement in a mandatory manner the policies of quotas in favor of income to the higher education system of groups historically excluded or discriminated against. The quota policies will be established by the National Secretariat of Higher Education, Science, Technology and Innovation.
Art. 75.-Participation policies.- The institutions of the Higher Education System will adopt specific policies and mechanisms to promote and ensure an equitable participation of women and those groups historically excluded in the all levels and instances, in particular in the government of higher education institutions.
CHAPTER 2
OF THE GUARANTEE OF EQUAL OPPORTUNITIES
Art. 76.-Of the guarantee.- The institutions of the Higher Education System will adopt mechanisms and procedures to make the policies of quotas and participation effective. Art. 77.-Grants and financial assistance.- The higher education institutions shall establish full grant programmes or their equivalent in financial support which support at least 10% of the number of regular students in their schooling. It will be beneficiaries who do not have sufficient economic resources, regular students with high average and academic distinction, high performance athletes representing the country in international events, provided that credit levels of academic performance regulated by each institution and the disabled. Art. 78.-Definition of scholarships, educational credits and economic aid.- The regulation to be issued by the National Secretariat for Higher Education, Science, Technology and Innovation, will define what is to be understood by scholarships, educational credit, and support economic and other mechanisms of integration and social equity. In no case will the grant or economic aid be payable with work. Art. 79.-Fellowships.- The Ecuadorian Institute of Educational Credit and Scholarship or the institution concerned, may grant non-refundable educational credit and scholarships in favor of students, teachers and researchers of the higher education system, with charge for the financing of the educational credit. Art. 80.-Gratuity of higher education to the third level.- The free higher education is guaranteed up to the third level. The gratuitousness will observe the criteria of academic responsibility of the students, according to the following criteria: a) The gratuity will be for regular students
to enroll in at least sixty percent of all the subjects or credits that allow their curricular mesh in each period, cycle or level;
b) Free it will also be for students and students who register at the pre-university level, pre-polytechnic or their equivalent, under the parameters of the System of Level and Admission;
c) Academic responsibility will be fulfilled by the regular students who approve the subjects or credits of the period, cycle or level, in time and in the established ordinary conditions. The second and third license plates will not be covered, either special or extraordinary;
d) The State, by way of gratuitousness, will finance a
single race or third-level academic program per student. The cases of students who change careers or programmes, whose subjects may be revalidated, are excepted;
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e) Free will cover only items
related to first tuition and schooling; that is, those linked to the set of materials or credits that a regular student must approve to access the terminal title of the respective academic career or program; as well as the rights and other items required for the elaboration, qualification, and approval of the degree thesis;
f) Collection of items by use of
laboratories, libraries, access to computer services and languages, use of goods and others, corresponding to the schooling of university students and polytechnics;
g) To ensure an adequate and permanent
system financing Higher Education and gratuity, the National Secretariat of Higher Education, Science, Technology and Innovation will develop a cost study per student academic career/program, which will be regularly updated;
h) permanently loses the gratuitousness, if a
regular student reproves, in cumulative terms, thirty per cent of the subjects or credits of their curricular mesh, and,
i) Free will cover all academic courses
required for the attainment of the degree. Art. 81.-System of Nivelation and Admission.- The entrance to the institutions of public higher education will be regulated through the System of Level and Admission, to which all the aspiring students will be subjected. For the design of this System, the National Secretariat for Higher Education, Science, Technology and Innovation will coordinate with the Ministry of Education on the articulation between the bachelor level or its equivalent and higher education. public, and will consult the bodies established by the Law for the effect. The levelling component of the system shall be subjected to five-year evaluations in order to determine its relevance and/or need for continuity, in the light of the achievements made in improving the quality of the bachelor's education. or its equivalent. Art. 82.-Requirement for admission to institutions of the Higher Education System.- For income to higher education institutions, it is required: a) Poseer bachelor's degree or its equivalent, of
compliance with the Law; and, b) In the case of higher education institutions
public, have complied with the requirements of the System of Level and Admission, the same to observe the principles of equal opportunities, merit and capacity.
Institutions of the System of Higher Education shall accept bachelor's degrees obtained abroad, recognized or equated by the Ministry of Education. Education.
For the income of the students to the higher conservatories and In addition to the bachelor's degree, it is required to hold a degree from the institutions of music or arts, which do not correspond to the higher level. In the case of baccalaureate students who do not have the title of any institution of music or arts, they will establish free exams of sufficiency, for income. Art. 83.-Regular students of the institutions of the System of Higher Education.- They are regular students of the institutions of the System of Higher Education who, prior to the fulfilment of the requirements laid down in this law, know are legally registered. Art. 84.-Requirements for the approval of courses and careers.- The academic and disciplinary requirements necessary for the approval of courses and careers shall be included in the Regulations of Academic Conditions, in the respective statutes, regulations and other rules governing the Higher Education System. Only in cases that are exceptionally established in the statute of each institution, a student may be enrolled for a third time in the same subject or in the same course, course or academic level. In the third matricula of matter, course or academic level there will be no option for examination of grace or improvement. Art. 85.-Student Assessment System.- The Board of Higher Education will establish general policies and dictate provisions to ensure transparency, fairness and equity in the Student Assessment System and to provide incentives to and students for academic merit, coordinating this activity with relevant bodies.
Art. 86.-Student welfare unit.- Higher education institutions will maintain a Student Welfare administrative unit aimed at promoting vocational and vocational guidance, facilitating the obtaining of credits, incentives, financial support and grants, and provide the services to be determined in the regulations of each institution. This unit will also be responsible for promoting an environment of respect for the rights and physical, psychological and sexual integrity of students, in an environment free of violence, and will provide assistance to those who sue for violations of these rights. The Student Welfare Unit of each institution will formulate and implement policies, programs and projects for the prevention and emergent care of victims of sexual crimes, in addition to presenting, through representatives legal, the denunciation of these facts to the administrative and judicial authorities according to the Law. Comprehensive information and prevention programs and projects for the use of drugs, alcoholic beverages, cigarettes and tobacco products will be implemented, and will coordinate with the competent agencies for the treatment and rehabilitation of drug addiction. the framework of the national drug plan.
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Art. 87.-Requirements prior to obtaining the title.- As a prerequisite for obtaining the title, the students and students must accredit services to the community through pre-professional practices or internships, duly monitored, in the fields of their specialty, in accordance with the general guidelines defined by the Board of Higher Education. These activities will be carried out in coordination with community organizations, companies and public and private institutions related to the respective specialty.
Art. 88.-Services to the community.- To comply with the obligation of the services to the community, it will benefit the rural and marginalized sectors of the population, if the nature of the race allows, or to provide services in centers free care.
Art. 89.-Tariffs for students in private institutions of higher education.- Universities, polytechnic schools, technical, technological, pedagogical, arts and conservatory higher education institutes They have the power to determine, through their highest academic collegiate body, the fees for career costs, according to their internal regulations. These resources will be intended to finance their activity without pursuing profit. Particular higher education institutions will set the duties in line with the general parameters to be set by the Board of Higher Education, which will necessarily take into account the level and quality of the teaching, adequate teacher pay, research and extension costs, cost of educational services, infrastructure development and other academic investment. In case of surplus in their financial statements, they will be destined to increase their institutional patrimony.
Art. 90.-Collection of differentiated tariffs in private institutions of higher education.- For the collection of the students and the students of the duties for career costs, the institutions of higher education will try to establish a differentiated system of tariffs, which will observe in the main way the socioeconomic reality of each student.
Art. 91.-Selection and Exercise of teaching and research without limitations.- For the selection of academic staff, as well as for the exercise of teaching and research in institutions of the Higher Education System, I do not know establish limitations involving discrimination arising from their religion, ethnicity, age, gender, economic position, policy, sexual orientation, disability or any other type of discrimination, and these may not be cause for removal, without prejudice to the teacher or teacher and researcher or researcher respects the values and principles that inspire the institution, and the provisions of the Constitution and this Law. Affirmative action measures will be applied in such a way that women and other historically discriminated sectors participate in equal opportunities in the competitions of merit and opposition.
Art. 92.-Guarantee for the servants and the employees.- For the public servants and the employees of the institutions of the System of Higher Education, their designation or employment and their working year are guaranteed. without discrimination of any kind, as established in the Constitution and this Law.
TITLE V
QUALITY OF THE UPPER DUCATION
CHAPTER 1
OF THE PRINCIPLE OF QUALITY Art. 93.-Principle of quality.- The principle of quality consists in the constant and systematic search for excellence, relevance, optimal production, transmission of knowledge and development of thought through self-criticism, criticism and permanent improvement. Art. 94.-Quality Assessment.- The Quality Assessment is the process to determine the conditions of the institution, career or academic program, through the systematic collection of quantitative and qualitative data to be issued. a judgment or diagnosis, analyzing its components, functions, processes, so that its results can be used to reform and improve the program of studies, career or institution. The Quality Assessment is a permanent process and is a continuous follow-up. Art. 95.-Accreditation.- Accreditation is a five-year validation by the Board of Evaluation, Accreditation and Assurance of Quality of Higher Education, to certify the quality of education institutions above, of a career or educational programme, on the basis of a prior assessment. Accreditation is the product of a rigorous assessment of the compliance of international standards, standards and quality criteria, to the mandatory and independent careers, programs, post-degrees and institutions, which will define the Board of Evaluation, Accreditation and Assurance of Quality of Higher Education. The procedure includes a self-assessment of the institution itself, as well as an external evaluation by a team of expert peers, who in turn should be accredited periodically. The Board of Evaluation, Accreditation and Assurance of the Quality of Higher Education is the body responsible for the quality assurance of Higher Education, its decisions in this field oblige all the institutions that integrate the Higher Education System of Ecuador. Art. 96.-Quality assurance.- The Quality Assurance of Higher Education, is constituted by the set of actions carried out by the institutions linked to this sector, in order to guarantee the efficient and effective management, applicable to racing,
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academic programs, higher education institutions, and also the advisory and accrediting boards or agencies. Art. 97.-Academic Classification or Categorization.- The academic classification or categorization of institutions, careers and programs will be the result of the evaluation. It will refer to an order of institutions, careers and programs according to a methodology that includes measurable and reproducible criteria and objectives of an international character.
CHAPTER 2
STANDARDS FOR WARRANTY FROM THE QUALITY
Art. 98.-Planning and implementation of self-assessment.- The planning and implementation of the self-assessment will be carried out by each of the institutions of higher education, in coordination with the Board of Evaluation, Accreditation and Assurance of the Quality of Higher Education. In the budget which the institutions of the System of Higher Education will approve, an appropriate item will be made for the completion of the self-assessment process. Art. 99.-Self-assessment.- Self-assessment is the rigorous process of analysis that an institution carries out on the totality of its institutional activities or a specific career, program or post-graduate, with a broad participation of its members, through a critical analysis and a thoughtful dialogue, in order to overcome existing obstacles and consider the achievements achieved, to improve institutional efficiency and improve academic quality. Art. 100.-The External Assessment.- It is the process of verification that the Board of Evaluation, Accreditation and Assurance of Quality of Higher Education performs through academic pairs of all or institutional activities or of a career or program to determine that its performance meets the characteristics and standards of quality of higher education institutions and that its activities are carried out in accordance with the mission, vision, purposes and objectives institutional or career, in such a way that it can certify to the society the quality academic and institutional integrity. For the issuance of external evaluation reports, absolute technical and academic rigor must be observed. Art. 101.-Regulation and Code of Ethics.- The Council of Evaluation, Accreditation and Assurance of Quality of Higher Education will approve the Regulation that will regulate the activities of external evaluators and all specialists, consultants and officials; and, the Code of Ethics in which the requirements, incompatibilities, prohibitions and their form of selection will be stated. In each process of evaluation, accreditation and categorization, the members of the evaluator team will subscribe to the Code of Ethics, which will include the civil and labor liability that would result in the non-compliance of the same, as well as the Sworn statement of the members of the evaluator team of no
having a conflict of interest with the institution, career or program to be evaluated, accredited and/or categorized.
Art. 102.-External evaluators.- The Board of Evaluation, Accreditation and Assurance of Quality of Higher Education, will create a Data Bank of External Evaluators of Higher Education, which will be under its responsibility and administration. Persons whose information is found in the Data Bank of the External Evaluators of Higher Education, will be required to accredit academic training of masters or doctor, according to Art. 121 of this Law; and, experience in evaluation processes and accreditation of higher education. The qualification will be performed individually according to their training, experience and evaluations. The evaluators may be national or foreign.
Article 103.-National Review of Career Assessment and Academic Programs.- For evaluation purposes, an examination should be established for final year students, programmes or careers. The review will be complementary to other quality assessment and measurement mechanisms. This exam will be designed and applied by the Board of Evaluation, Accreditation and Quality Assurance of Higher Education. The Review shall be focused on the knowledge established for the respective programme or career. In the event that a percentage of more than 60% of students in a programme or career fails to pass the test for two consecutive years, the said programme or career shall be automatically deleted by the Board of Evaluation, Accreditation and Assurance of the Quality of Higher Education; without prejudice to the application of the other evaluation and accreditation processes provided for in the Constitution, in this Law and its general rules of application. The results of this test will not affect the student's final grade and qualification average. If a career or programme is to be abolished, the institution of higher education will not be able to open new promotions for these careers or programmes over the course of ten years, without prejudice to the fact that students already enrolled conclude your cycle or year of studies.
Art. 104.-Enablement examination.- The Board of Evaluation, Accreditation and Assurance of Quality of Higher Education, will develop an examination of qualification for the professional exercise, in those races that could compromise the public interest, putting at risk essentially the life, health and safety of the citizenry. For these types of careers, the curricula should take into account the basic curricular content and the criteria for the intensity of the practical training established by the Higher Education Council.
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The Board of Evaluation, Accreditation and Quality Assurance of Higher Education in coordination with the National Secretariat of Higher Education, Science, Technology and Innovation, will determine the obligation of this examination and will issue the respective permission to practice the profession. Art. 105.-Inclusion of criteria for the creation of institutions of the Higher Education System in evaluation and accreditation processes.- To ensure the quality of universities, polytechnic schools, technical higher institutes, technological, pedagogical and higher conservatories, the evaluation and accreditation processes must include all the criteria set out in this Law and in the Regulation for the creation of such institutions. Art.-106.-Costs of evaluation.- The costs of external evaluations and accreditation of higher education institutions will be the responsibility of the Board of Evaluation, Accreditation and Assurance of Quality of Education. Superior.
TITLE VI
RELEVANCE
CHAPTER 1
OF THE PRINCIPLE OF RELEVANCE Art. 107.-Principle of relevance.- The principle of relevance is that higher education responds to the the expectations and needs of society, national planning, and the development, to the prospective of scientific, humanistic and technological development of the world, and to the cultural diversity. To this end, the higher education institutions will articulate their teaching, research and activities of linking with society, academic demand, local, regional and national development needs, innovation and diversification of occupations and academic degrees, local, regional and national occupational market trends, local, provincial and regional demographic trends; linking to the current and potential productive structure of the province and the region, and national science and technology policies.
CHAPTER 2
CREATING UNIVERSITIES AND POLYTECHNIC SCHOOLS
Art. 108.-Creation of universities and polytechnic schools.- Universities and public and private polytechnic schools will be created by Law, before a binding report of the Council of Higher Education to the National Assembly. The report of the Board of Higher Education shall be based on the favourable and mandatory prior report of the national planning body who shall submit it within a maximum period of 180 days. Once the above report is available, the Board of Higher Education will require the prior favorable report and
mandatory of the Board of Evaluation, Accreditation and Assurance of Quality of Higher Education that will have a period of time. maximum 180 days to present. The law for creation will not be processed if any of these reports have been dispensed with or if they are unfavourable. The civil servant or public authority that fails to comply with these provisions shall be responsible for civil, criminal and administrative matters in accordance with the law. Art. 109.-Requirements for the creation of a polytechnic university or school.- Who promotes the creation of a polytechnic university or school must submit to the Board of Higher Education a technical-academic proposal containing the The following requirements: 1. Justificative of project promoters who
demonstrate their experience and linkage with the Higher Education System and the moral and ethical solvency, publicly acknowledged;
2. Proposal for a functional organic structure that includes
administrative technical instruments, strategic plan for institutional development and draft statute;
3. The academic structure with the offer of careers in
in-person study modality, which must be different from those provided by the existing universities in the regional environment and which responds to the needs of regional development and national, supported by a study demonstrating the need for the productive, governmental, educational, science, technology, innovation and society sectors with the respective occupational market study to justify the The proposal is running;
4. The technical-academic proposal must contain the
curricular and pedagogical model, meshes and macro and micro curricular designs, professional profiles, analytical programs describing the objectives, contents, resources, evaluation, bibliography, schedule of activities, number of credits, multicultural and multiethnic diversity, social responsibility and citizen engagement;
5. Documented information from the basic teaching plant
with at least 60% or more with full-time dedication and with graduate academic degree duly certified by the Board of Higher Education, determining the relevance of his studies with the area of knowledge to impart, the distribution of the time load according to the curricular mesh;
6. Establish the payroll of a minimum team
administrative, financial and services, to initiate activities, documenting the employment relationship;
7. Financial economic study, projected at five years,
showing that the institution will have sufficient financial-economic resources for its normal operation;
8. Accredit under the right the ownership of the
goods and values that allow the new institution to function in a physical space suited to its nature
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educational and research, and that they will be transferred to the higher education institution after its creation law has been approved;
9. For the creation of universities or schools
public polytechnics will have to be certified by the Ministry of Economy and Finance for the creation of the corresponding budget line, which will guarantee its financing, without impairment of the income of other universities and polytechnic schools;
10. Proprietary technology infrastructure and laboratories
specialized; 11. Have libraries, blood libraries, video libraries and more
pedagogical technical resources to ensure efficient learning; and,
12. The other requirements included in the regulation that
for the purpose of the Council of Higher Education. Art. 110.-Prohibition of the Creation of Institutions of Higher Education, with fiscal financing.- It is prohibited to approve projects for the creation of particular universities or polytechnic schools which for their operation require of State appropriations and revenues, as provided for in the Constitution.
Art. 111.-Creation and financing of universities and polytechnic schools subject to national development requirements.- In the case of universities and public polytechnic schools, their creation and financing will be subject to the national development requirements.
Art. 112.-Technical analysis of the requirements.- Once the Board of Higher Education has received the reports of the Board of Evaluation, Accreditation and Assurance of the Quality of Higher Education and of the national agency of planning, review the technical-academic project and have a maximum period of 180 days to carry out a technical analysis of the requirements set out in this chapter and issue the respective report. No action of administrative silence shall be permitted. If its conclusions are favorable, the Board of Higher Education will forward it to the National Assembly to proceed with the law of the creation of the new university or polytechnic school.
Art. 113.-Transfer of domain of assets and resources of the sponsors.- As of the date of creation of the new institution of the System of Higher Education, its sponsors will have a term of ninety days to transfer to this the domain of all the goods and resources that served as sustenance for the request for creation. In the case of failure to comply with this obligation, the Board of Higher Education shall immediately request the National Assembly to repeal the Law on the creation of the respective university or polytechnic school, which will be
CHAPTER 3
CREATION OF HIGHER INSTITUTES, TECHNICIANS, TECHNOLOGY
IT, IT, IT, IT, IT, IT, IT, IT, IT, IT. TEACHING, ARTS AND CONSERVATORIES Art. 114.-Creation of higher, technical, technological, pedagogical, arts and conservatory institutes.- The higher technical, technological, pedagogical, arts and conservatory institutes will be created by a resolution issued by the Board of Higher Education, prior to the approval of the Board of Evaluation, Accreditation and Assurance of the Quality of Higher Education, and of the national planning body, subject to the requirements of national development. In the case of higher education institutes, the sponsorship and establishment of coordination mechanisms with the Ministry of Education will be required. The creation process shall not be carried out if any of these reports have been dispensed with or if they are unfavourable. Art. 115.-Requirements for the creation of higher technical, technological, pedagogical, arts and conservatory institutes.- For the creation of higher technical, technological, pedagogical, arts and conservatory institutes above, they must present to the Board of Higher Education a technical-academic project, which will contain the same requirements for the creation of universities and polytechnic schools, the respective regulation will regulate this topic.TITLE VII
INTEGRALITY
CHAPTER 1
DEL PRINCIPLE OF INTEGRALITY
Art. 116.-Principle of integrality.- The principle of integrality implies the articulation between the National System of Education, its different levels of teaching, learning and modalities, with the System of Higher Education, as well as the articulation within the System of Higher Education itself. To ensure this principle, the institutions of the Higher Education System will effectively articulate and integrate the actors and processes, especially the baccalaureate.
CHAPTER 2
OF THE TYPOLOGY OF INSTITUTIONS, AND ACADEMIC REGIME
First Section
Of Training and Types of Institutions
Art. 117.-Tipologia of institutions of higher education.- The institutions of higher education of
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university or polytechnic character will be classified according to the scope of the academic activities they perform. In order to establish this classification, the distinction between research institutions, teaching-oriented institutions and institutions dedicated to higher education will be taken into account. Depending on the typology, it will be established which types of careers or programs each of these institutions will be able to offer, without prejudice to the fact that only the universities of teaching with research will be able to offer academic degrees of PhD or their equivalent. This typology will be taken into account in the evaluation, accreditation and categorization processes. Art. 118.-Levels of higher education training.- The levels of training provided by the institutions of the Higher Education System are: a) Higher technical or technological level, oriented to the
development of skills and skills that allow the student to enhance the knowledge to be done. These are the professional qualifications of the technical or technical superior, which are awarded by the higher technical, technological, pedagogical, arts and conservatory institutes. Higher education institutions will not be able to offer intermediate titles that are cumulative in character.
b) Third level, degree, oriented to basic training
in a discipline or training for the exercise of a profession. The academic degrees of licentiate and the professional degrees of university or polytechnics, and their equivalents, correspond to this level. Only universities and polytechnic schools will be able to issue third-level qualifications.
At least 70% of the titles awarded by polytechnic schools should correspond to professional qualifications in basic and applied sciences.
c) Fourth level, post-graduate, is oriented to the
advanced professional training or scientific and research specialization. They correspond to the fourth level the professional title of specialist; and the academic degrees of mastery, PhD or its equivalent.
To access the fourth level training, it is required to have a third-level professional degree awarded by a university or polytechnic school, as established in this Law. Universities and polytechnic schools will be able to award higher technical or technological qualifications when they are in partnership with higher education institutes or are set up for the purpose of the respective higher education institute, including in the case established in the Twentieth Transitional Provision of this Law. Art. 119.-Specialization.- Specialization is the program for advanced professional training at graduate level. Art. 120.-Master's degree.- It is the academic degree that seeks to expand, develop and deepen a discipline or specific area of knowledge. It gives the person of the
tools that enable it to deepen theoretical and instrumentally in a field of knowledge. Art. 121.-Doctorate.- It is the highest fourth-level academic degree awarded by a university or polytechnic schools to a professional with a master's degree. Their training focuses on a professional or scientific area, to contribute to the advancement of knowledge basically through scientific research. Art. 122.-Granting of Titles.- The institutions of the Higher Education System shall confer the titles and degrees corresponding to them as established in the preceding articles. Academic degrees or degrees will be issued in the official language of the country. They shall establish the modality of the studies performed. Doctor's degrees will not be recognized as undergraduate or professional-enabling terminals, or academic degrees of master's or doctorate degrees at the grade level.
Second Section
Academic Regime Art. 123.-Regulation on the Academic Regime.- The Board of Higher Education shall adopt the Regulations of Academic Conditions governing the academic degrees and degrees, the length of time, the number of credits of each option and other aspects related to degrees and degrees, seeking the harmonization and promotion of student mobility, teachers or professors and researchers or researchers. Art. 124.-Training in values and rights.- It is the responsibility of the institutions of the System of Higher Education to provide to those who graduate from any of the careers or programs, the effective knowledge of their duties and rights citizens and the country's socio-economic, cultural and ecological reality; the mastery of a foreign language and the effective management of computer tools. Art. 125.-Programs and courses of association with society.- The institutions of the Higher Education System will carry out programs and courses of engagement with the society guided by the academic staff. In order to be a student, it will not be necessary to meet the requirements of the regular student. Art. 126.-Recognition, approval and revalidation of qualifications.- The National Secretariat for Higher Education, Science, Technology and Innovation will effectively recognize and register certificates obtained abroad when these titles have been awarded by institutions of education of high prestige and international quality; and as long as they are in a list that for the effect will be drawn up annually by the Secretariat. In these cases, no procedure will be required for the title to be recognized and valid in Ecuador. When the title obtained abroad does not correspond to an institution integrated in the aforementioned list, the National Secretariat of Higher Education, Science, Technology and Innovation may recognize it and register it prior to the corresponding procedure.
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Art. 127.-Other study programmes.- Universities and polytechnic schools will be able to carry out in the framework of linking with the community, continuing education courses and issuing the corresponding certificates. The studies carried out in these programmes may not be taken into account for the official degree and post-graduate qualifications which are regulated in the preceding articles. Art. 128.-Academic Courses.- All academic courses of a university or polytechnic nature intended to confer certificates, which are organized by foreign institutions, must be approved by the Board of Higher Education. These courses will have the sponsorship and academic validation of a university or polytechnic school in the country. Art. 129.-Notification to the National Secretariat of Higher Education, Science, Technology and Innovation.- All higher education institutions in the country will notify the National Secretariat of Higher Education, Science, Technology and Innovation the payroll of the graduates and the specifications of the securities issued. This information will be part of the National Higher Education Information System. Art. 130.-Nomenclature of titles.- The Board of Higher Education shall unify and harmonize the nomenclatures of the titles issued by higher education institutions on the basis of a Regulation approved by the Board of Higher Education. Art. 131.-Acceptance of baccalaureate, music and arts certificates issued in other countries.- Institutions of the higher education system shall accept diplomas equivalent to baccalaureate issued in other countries and recognised by the Ministry of Education Education. Art. 132.-Recognition of credits or materials.- Institutions of the higher education system may recognize credits or materials approved in other institutions of the higher education system, subject to compliance with the requirements established in the Academic Regime Regulation and the entity chosen.
Third Section
The Operation of Higher Education Institutions
Art. 133.-The operation of academic programs of foreign universities.- The universities and polytechnic schools that carry out joint programs with foreign universities will have to sign a special convention, which must be submitted to the approval and supervision of the Board of Higher Education. Such programmes shall operate only at the headquarters. The autonomous functioning of foreign institutions or specific academic programs in the country will not be permitted. Your degree will be awarded and recognized as a whole.
Art. 134.-Institutions of higher education legally authorized.- The offer and execution of higher education programs is the exclusive attribution of the legally authorized institutions. The operation of institutions that provide higher education is prohibited, whether national or foreign, without being subject to the creation or approval procedures laid down in this law. Failure to comply with this provision will motivate the relevant legal actions. The Board of Higher Education shall publish the list of legally recognised institutions of the higher education system, and keep this information updated in an electronic portal. Art. 135.-Conclusion of agreements by higher institutes and higher conservatories.- The higher technical, technological, pedagogical, arts and conservatory institutes may enter into agreements for the approval of races and programs with other national or foreign higher education institutions, which will be reported by the National Secretariat for Higher Education, Science, Technology and Innovation for approval and supervision. Art. 136.-Work carried out by foreign researchers and experts.- The final report of the research projects must be delivered by the higher education institutions, in electronic copy to the National Secretariat of Higher Education. Science, Technology and Innovation. This information will be part of the National Higher Education Information System. Art. 137.-Delivery of information to the National Secretariat of Higher Education, Science, Technology and Innovation.- The institutions of the System of Higher Education will compulsorily supply the National Secretariat of Higher Education, Science, Technology and Innovation the information requested. Art. 138.-Promotion of inter-institutional relations between higher education institutions.- Institutions of the Higher Education System will foster inter-institutional relations between universities, polytechnic schools and higher technical, technological, pedagogical, arts and conservatory institutes, both national and international, in order to facilitate the mobility of teachers, students and researchers, and the relationship in the development of their academic, cultural, research and linking activities with society. The Board of Higher Education will coordinate actions with the governing body of the national education policy to define the areas that should be strengthened in the baccalaureate, as a requirement to enter a higher education institution. Art. 139.-Articulation of careers and pedagogical programmes.- In order to establish integrality between the System of Higher Education and the national education system, the higher institutes of pedagogy will be articulated to the National University of Education.
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In the same sense, higher institutes of arts and higher conservatories will be articulated to the University of the Arts. Art. 140. -Articulation of public sector research programs and activities with the System of Higher Education.- Public Sector institutions and institutions that conduct research in any area will articulate their activities of research with a public polytechnic university or school. Art. 141.-Dissemination and promotion of careers or academic programs.- The dissemination and promotion of careers or academic programs that the institutions of higher education perform will be clear and precise, in such a way that they do not generate false expectations Nor will it lead to confusion between the different levels of training; the non-observance will be sanctioned by the Higher Education Council in accordance with the Law. Art. 142.-Graduate monitoring system.- All institutions of the higher education system, public and private, will have to implement a monitoring system for their graduates and their results will be submitted for knowledge of the Board of Evaluation, Accreditation and Assurance of Quality of Higher Education. Art. 143.-Libraries.- The public and private higher education institutions will develop and integrate interconnected library systems to promote equal access to existing approaches, and facilitate lending and bibliographic exchanges. They will participate in digital libraries and online archive systems for academic publications worldwide. Art. 144.-Digitalized Theses.- All institutions of higher education will be required to deliver the theses that are developed for obtaining academic degrees of degree and postgraduate in digital format to be integrated into the National System of Information from Ecuador's Higher Education for public dissemination respecting copyright.
TITLE VIII
SELF-DETERMINATION FOR THE PRODUCTION OF THOUGHT AND KNOWLEDGE
CHAPTER 1
OF THE PRINCIPLE OF SELF-DETERMINATION FOR THOUGHT PRODUCTION
AND KNOWLEDGE Art. 145.-Principle of self-determination for the production of thought and knowledge.- The principle of self-determination consists in the generation of conditions of independence for the teaching, generation and dissemination of knowledge in the framework of the dialogue of knowledge, the universality of thought, and the scientific-technological advances local and global. Art. 146.-Guarantee of the freedom of professorship and research.- At universities and polytechnic schools, the freedom of professorship is guaranteed, in full exercise of its
responsible autonomy, understood as the faculty of the institution and its teachers to set out, with the guidance and pedagogical tools that they provide the most appropriate, the content defined in the study programmes. In the same way, research is guaranteed, understood as the faculty of the entity and its researchers to search for the truth in the various fields, without any impediment or obstacle, except as established in the Constitution and in This Act.
CHAPTER II
ACADEMIC STAFF Art. 147.-Academic staff of universities and polytechnic schools.- The academic staff of universities and polytechnic schools is made up of professors or professors and researchers or researchers. The exercise of the professorship and the investigation may be combined with each other, as well as with management activities, if its schedule permits, without prejudice to the provisions of the Constitution in this Law, and the Race and Escalation Regulations of the Professor and Researcher of the Higher Education System. Art. 148.-Participation of teachers or teachers and researchers or researchers in the benefits of research.- Teachers and researchers or researchers who have intervened in an investigation will be entitled to participate, individually or collectively, of the benefits obtained by the institution of the System of Higher Education for the exploitation or transfer of rights to the inventions made in the framework of this Law and that of Property Intellectual. Equal rights and obligations shall be provided if they take part in consultancies or other paid external services. The modalities and amounts of the participation shall be established by each institution of the System of Higher Education in the exercise of its responsible autonomy. Art. 149.-Types of teachers or teachers and time of dedication.- Teachers or professors and researchers or researchers will be: holders, guests, occasional or honorary. The master teachers may be principal, attachés or auxiliaries. The regulation of the career system of the teacher and researcher shall regulate the requirements and their respective contests. The time of dedication may be exclusive or full time, that is, forty hours a week; semi-exclusive or half-time, that is, twenty hours a week; part-time, with less than twenty hours a week. No teacher or administrative officer with sole or full-time dedication may simultaneously serve two or more full-time positions in the education system, in the public sector or in the private sector. The Career and Escalation Regulations of the Professor and Investigator of the System of Higher Education. will normalize this classification, establishing the limitations of the teachers. In the case of teachers or teachers of higher institutes and public conservatories, they are
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will establish a special chapter in the Career and Escalation Regulations of the Teacher and Investigator of the Higher Education System. Art. 150.-Requirements to be a teacher or principal professor.- To be a professor or principal professor of a public or particular polytechnic university or university of the System of Higher Education, the following conditions must be met: requirements: (a) Have a post-graduate degree corresponding to a PhD
(PhD or its equivalent) in the area in which you will exercise the chair;
b) Have completed or published relevant works
or indexed articles in the area to which you will exercise the chair, individually or collectively, over the last five years;
c) Be the winner of the corresponding public contest of
merit and opposition; and, d) Have four years of teaching experience, and gather the
requirements (a) additional, as stated in the statutes of each university or polytechnic school, in the exercise of its responsible autonomy, which will have full agreement with the Career and Escalation Regulations of the Teacher and Investigator of the System of Higher Education.
The teachers who are either added or auxiliary will have to have at least Master's degree to the area in which the chair will be exercised, the other requirements shall be laid down in the respective regulations. Art. 151.-Comprehensive periodic evaluation.- The teachers will undergo a comprehensive periodic evaluation as established in this Law and the Career and Escalation Regulations of the Professor and Investigator of the Higher Education System and the statutory rules for each institution of the Higher Education System, in the exercise of its responsible autonomy. It will be observed among the evaluation parameters that students perform to their teachers. Depending on the evaluation, the teachers may be removed by observing due process and the Career and Escalation Regulations of the Teacher and Investigator of the Higher Education System. The Career and Escalation Regulations of the Professor and Investigator of the Higher Education System will establish the corresponding academic and economic stimuli. Art. 152.-Public competition of merit and opposition.- In the universities and public polytechnic schools, the public tender of merit and opposition to access the title of the chair must be convened through at least two mass written communication and the electronic network of information established by the National Secretariat of Higher Education, Science, Technology and Innovation, through the National System of Information of Higher Education of Ecuador and in the official means of the university or the polytechnic school convener.
Members of the jury will be teachers and must be accredited as full professors in their respective universities and will be made up of 40% of members outside the university or polytechnic school that is offering the starting place. In the case of individual universities and polytechnic schools, their status will establish the respective procedure.
Art. 153.-Requirements for non-titular teachers or teachers.- The requirements to be a guest teacher or teacher, occasional or honorary will be established in the Career and Escalation Regulations of the Professor and Investigator of the System of Higher Education.
Art. 154.-Professor or senior lecturer in higher institutes and senior conservatories.- To be a professor or senior lecturer at a higher technical, technological, arts or conservatory institute, a professional and professional degree is required. Other requirements to establish the Career and Escalation Regulations of the Teacher and Investigator of the System of Higher Education.
Art. 155.-Assessment of academic performance.- Teachers of higher education system institutions will be evaluated periodically in their academic performance. The Career and Escalation Regulations of the Teacher and Investigator of the Higher Education System will establish the evaluation criteria and the forms of student participation in this evaluation. For the case of public universities, it will establish academic and economic stimuli.
Art. 156.-Training and permanent improvement of teachers and researchers or researchers.- In the Career and Escalation Regulations of the Professor and Investigator of the System of Higher Education, it will be guaranteed public universities their training and permanent improvement. In the budgets of the institutions of the higher education system, special items will be required to finance grants or economic aid for specialization or training and sabbatical.
Art. 157.-Facilitation for the improvement of teachers and/or researchers and researchers.- If the teachers who have been added to the public universities will be in post-graduate degrees, they will be entitled to the respective licence, as the case may be, by the strict time of formal study. In the case of not graduating from such programs, the professor of public universities will lose their ownership. Higher education institutions will have to allocate a percentage for this training from their budget.
Art. 158.-Sabatic Period.- After six years of uninterrupted work, teachers or teachers who are principal holders with full-time dedication may apply for up to twelve months of leave to carry out studies or research. The institution's highest academic collegiate body will analyze and approve the project or academic plan presented by the professor or professor.
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investigator or researcher. In this case, the institution shall pay the remuneration and other emoluments that it is entitled to receive while making use of this right. Once the period has been completed, in the event of failure to reintegrate into his or her duties without proper justification, he must reinstate the values received by this concept, with the respective legal interests. The period of study or investigation shall be completed by the professor or researcher before the same collegiate body, the report of its activities and the products obtained. They should be socialized in the academic community.
TITLE IX
INSTITUTIONS AND AGENCIES OF THE HIGHER EDUCATION SYSTEM
CHAPTER 1
OF INSTITUTIONS OF EDUCATION SUPERIOR
Art. 159.-Universities and Polytechnic Schools.- Public and private universities and polytechnic schools are academic communities with their own legal status, academic, administrative, financial and organic autonomy, according to the objectives of the development regime and the principles established in the Constitution; essentially pluralistic and open to all currents and forms of universal thought exposed in a scientific way.
Art. 160.-Finances of the Universities and Polytechnic Schools.- It is up to the universities and polytechnic schools to produce proposals and approaches to seek the solution of the problems of the country; to foster the dialogue between the cultures national culture; the dissemination and strengthening of their values in the Ecuadorian society; the professional, technical and scientific training of their students, professors or professors and researchers or researchers; contributing to the achievement of a more just, equitable and supportive society, in collaboration with the State agencies and society.
Art. 161.-Prohibition of profit.- The institutions of the higher education system will not be for profit as provided for in the Constitution of the Republic of Ecuador; this character will be guaranteed and assured by the Council of Higher Education.
Art. 162.-Technical and Technical Higher Institutes.- The technical and technological higher institutes are institutions dedicated to vocational training in technical and technological disciplines. The technical and technological higher institutes of particular character are educational establishments with their own legal status. They have the capacity for administrative and financial self-management subject to the competencies and powers of the Board of Higher Education.
Art. 163.-Higher Educational Institutes.- The pedagogical institutes are institutions dedicated to teaching and applied research. The pedagogical institutes will be academically articulated to the National University of Education "UNAE". The pedagogical institutes of particular character are educational establishments with their own legal status. They have capacity for administrative-financial self-management.
Art. 164.-Higher Institutes of Arts and Conservatories.- The higher institutes of higher arts and conservatories are institutions dedicated to the training and applied research in these disciplines. The higher institutes of higher arts and conservatories are educational establishments with their own legal status. They have administrative and financial self-management capabilities.
Art. 165.-Articulation with the parameters of the National Development Plan.- It is the obligation of the institutions of the System of Higher Education, the articulation with the parameters that the National Development Plan indicates in the areas established in the Constitution of the Republic, in this Law and its regulations, as well as with the objectives of the development regime.
CHAPTER 2
AGENCIES GOVERNING THE HIGHER EDUCATION SYSTEM
First Section
OF THE TOP EDUCATION COUNCIL
Art. 166.-Higher Education Council.- The Board of Higher Education is the body of public law with legal status, with its own patrimony, administrative, financial and operational independence, which aims at planning, Regulation and internal coordination of the Higher Education System, and the relationship between its different actors with the Executive Function and the Ecuadorian society. The Board of Higher Education will function in coordination with the Board of Evaluation, Accreditation and Assurance of the Quality of Higher Education and will not be able to conform with representatives of the institutions under regulation or by those who have interests in the areas to be regulated. It will be based in the capital of the Republic.
Art. 167.-Integration of the Board of Higher Education.- The Board of Higher Education will be composed of the following members: a) Four representatives of the Executive who will be: the
National Secretary of Higher Education, Science Technology and Innovation; the Technical Secretary of the National Planning System or its delegate; the
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Minister who directs the National Educational System or its delegate; the Minister who directs the Production Policy or its delegate;
b) Six Academic chosen by public contest of
merit and opposition. These six members must meet the same requirements as a university or polytechnic Rector; and,
c) A representative of the students who will participate
in the voice sessions. The President of the Council shall be elected from among its members by the majority of its members with the right to vote. The President of the Council shall have a vote.
Art. 168.-Choice of members of the Board of Higher Education.- The six academics who make up the Board of Higher Education will be selected through the public contest of merit and opposition, organized by the National Council. Electoral. It will have citizen veeduria. For their selection the following criteria shall be respected: areas of knowledge, territorial and gender balance; and the academic and administrative authorities of the bodies or institutions subject to control and regulation may not be allowed to of the system, unless they have previously waived those charges. They will last five years in their duties and may be re-elected, consecutively or not, for once, and they will not be able to hold another public office except the professorship or university or polytechnic research if their schedule permits. Members of the Council shall charge daily allowances in accordance with the rules of procedure.
Art. 169.-Duties and duties.- They are the duties and duties of the Board of Higher Education, in the field of this Law: a) Approve the plan of internal development and projections of the
System of Higher Education; b) Develop the binding favorable report on the
creation of universities and polytechnic schools that will be based on the reports favorable and mandatory of the Board of Evaluation, Accreditation and Assurance of the Quality of Higher Education and the Technical Secretariat of the National Planning Council, according to the requirements set out in this Law;
c) To propose to the National Assembly the repeal of the
Law or Decree Law of creation universities and polytechnic schools, which will be based on the reports of the Board of Evaluation, Accreditation and Quality Assurance of Higher Education;
d) Propose to the President of the Republic the repeal
of the executive decree of the creation of universities and polytechnic schools, which will be based on the report of the Council of Evaluation, Accreditation and Assurance of the Quality of Higher Education;
e) Propose the President of the Republic denunciation of the agreement or agreement to set up higher education institutions established by the institutions legal instruments, in accordance with the provisions of this Law;
f) Exasking, prior compliance with the procedure and requirements
provided for in the Constitution of the Republic of Ecuador and in this Law, the resolutions of creation and extinction of higher technical, technological, pedagogical, arts and conservatory institutes;
g) Approve the intervention of universities and schools
polytechnics by some of the causes established in this Law;
h) Approve the suspension of universities and schools
polytechnics, based on a report issued by the Board of Evaluation, Accreditation and Quality Assurance of Higher Education for one of the causes established in this Law, without prejudice to the provisions of Article 201;
i) Approving the creation, suspension or closure of
extensions, academic or similar units, as well as the creation of programs and careers of polytechnic universities and schools, and the programs in modality of studies provided for in this Law;
j) Approve the creation of careers and degree programs and
post-graduate institutions university and polytechnics;
k) Approve the statutes of education institutions
higher and their reforms; l) Approve the regulations for the creation and operation
of the technical, technological, higher institutes,
m) Approve at least the following regulations:
1.-Of creation, intervention, suspension and application for repeal of Law, decree Law, executive decree, of universities and schools polytechnics;
2.-Creating and extinguishing higher institutes
technical, technological, pedagogical, arts and conservatories superior;
3.-Academic regime and titles, and regime of
post-graduate; and the modalities of studies: in-person, semi-presential, at a distance, online and others;
4.-Career and Escalation of the Professor and Investigator
of the System of Higher Education; 5.-Of the Student Assessment System; and, 6.-Of PhDs.
n) Approve the formula of annual income distribution or
State allocations to higher education institutions and increases if the they shall be included in the General Budget of the State, in accordance with the provisions of this Law;
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n) Run, prior report of the Assessment Board,
Accreditation and Assurance of Quality of Higher Education, the suspension of the provision of funds to institutions of higher education, in the proportional part, where one or more races or programmes do not meet the established standards;
or) Designate their delegates to the bodies of the
State where it has representation, in accordance with the Constitution and the Laws of the Republic;
p) Impose sanctions on the maximum authorities of the
institutions of the Higher Education System, which transgress this Law and its regulations, prior to the corresponding procedure;
q) To report annually to the Ecuadorian society, to the
National Assembly, the President of the Republic, the Council for Citizen Participation and Social Control and the State of Higher Education in the country;
r) Develop and approve its annual budget; the privileges conferred on the
literals (c), (d), (e), (f), (g) and (h) shall require the report Council of Evaluation, Accreditation and Assurance of Quality of Higher Education;
t) Require the National Secretariat of Education
Superior, Science, Technology and Innovation reports of a technical nature, academic, legal and administrative-financial to support their resolutions;
u) Approve the regulatory regulations necessary for the
exercise of their competencies; v) Monitor compliance with academic aspects
and legal of the institutions of higher education; and,
w) Other powers requires for the exercise of
its functions in the framework of the Constitution and the Law. Art. 170.-Duties and Duties of the President of the Board of Higher Education.- The President of the Board of Higher Education shall have the following duties and powers: a) Legal, judicial and extrajudicial representation of the
Council; b) Chair of Council meetings; c) Call for ordinary and extraordinary sessions of the
Council; d) Exercise the vote of quality in case of a tie in the
vote on plenary resolutions; and) Meet and enforce Council resolutions
for the planning, regulation and internal coordination of the Higher Education System and the relationship between its various actors with the Role Executive;
f) Lead the Council's work for compliance with
its aims and objectives;
g) Participate in a voice and vote in the National Planning Council; and,
h) The others assigned to it by this Law,
its regulations and Council resolutions.
Section Second
COUNCIL OF ASSESSMENT, ACCREDITATION AND QUALITY ASSURANCE
HIGHER EDUCATION
Art. 171.-Council of Evaluation, Accreditation and Assurance of Quality of Higher Education.- The Council of Evaluation, Accreditation and Assurance of Quality of Higher Education is the technical public body, with legal personality and own assets, with administrative, financial and operational independence. It will work in coordination with the Board of Higher Education. It will have regulatory and management faculty. It will not be able to be made by representatives of the institutions under regulation or by those who have interests in the areas to be regulated.
Art. 172.-Code of Ethics.- The members of the Board, Advisory Committee, and the officials and the servers of the Board of Evaluation, Accreditation and Assurance of the Quality of Higher Education must submit to the Code of Ethics.
Art. 173.-Internal, External Evaluation, Accreditation, Categorization and Quality Assurance.- The Board of Evaluation, Accreditation and Quality Assurance of Higher Education will normalize the institutional self-assessment, and will implement the processes of external evaluation, accreditation, academic classification and quality assurance. The universities, polytechnic schools, technical, technological, pedagogical, higher arts and conservatory institutes of the country, both public and private, their careers and programmes, must be subject to compulsory internal and external evaluation, accreditation, academic classification and quality assurance. Art. 174.-Functions of the Board of Evaluation, Accreditation and Assurance of the Quality of Higher Education.- They are functions of the Board of Evaluation, Accreditation and Assurance of Quality of Higher Education: a) Plan, coordinate and execute the activities of the
process of evaluation, accreditation, academic classification and quality assurance of higher education;
b) Approve the regulations for evaluation processes,
accreditation, academic classification and quality assurance of the institutions of the System of Higher Education, programs and careers, under their different modalities of study;
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c) Approving the regulations for the processes of the
Self-assessment of the institutions, programs and careers of the Education System Superior;
d) Approve the regulations in which the
characteristics, criteria, and quality indicators and instruments to be applied in the external evaluation will be established;
e) Develop the necessary technical documentation for the
execution of the self-assessment, external evaluation, accreditation and academic classification;
f) Approving the Code of Ethics that will govern for the
members of the Board, Advisory Committee, the and the Officials and the Servers of the Council of Evaluation, Accreditation and Assurance of Quality of the Higher education, and for external evaluators.
g) Approve the selection regulation of the evaluators
national or international specialized external evaluators; h) Qualify, to the specialized external evaluators,
national or international, for the execution of external evaluation processes, accreditation and academic classification of institutions of the Higher Education System, careers and programs;
i) To monitor that internal and external evaluation processes
are performed in accordance with the rules and procedures that for the the effect is to be established and to ensure that its results are the result of absolute independence, impartiality and ethics with the work performed;
j) Resolving on the reports and recommendations
arising from the evaluation processes, accreditation and academic classification;
k) Grant accreditation certificates institutional as well
as for programs and careers, institutions of higher education and academic units that have met all the required requirements for the effect. This accreditation certificate will be valid for five years and cannot be conditioned;
l) Determine the suspension of the delivery of funds to the
institutions of higher education in the proportional portion when one or more careers or programs do not meet established standards, and report to the Board of Higher Education for execution;
m) Establish a categorization system of
institutions, programs and academic careers; n) broadly the results of the
external evaluation, accreditation, and classification processes academic with the purpose of orienting the Ecuadorian society on the quality and characteristics of the institutions, programs and careers of the higher education system;
n) Advising the Ministry of Education in the
implementation and implementation of the evaluation and accreditation for basic and secondary education, for articulation with higher education;
o) Present annually report of their work to the Ecuadorian society, to the President of the Republic, to the National Assembly, and to the Council for Citizen Participation and Social Control;
p. agreements with education institutions
higher for the training and training of the evaluators to professionalize this work;
q) Establishing agreements with international entities of
evaluation and accreditation of the higher education to harmonise processes and participate in networks; to encourage the international assessment and recognition of this body and of the Ecuadorian higher education institutions;
r) To run the processes of evaluation,
accreditation and academic classification of programs and careers considered in the public interest;
s) Design and apply the National Racing Assessment and
Last year programs, as well as process and publish their results;
t) Develop the reports that correspond to the
creation and application for the repeal of the Law, decree, decree, agreement or agreement to create universities and polytechnic schools;
u) Develop the reports that correspond to the
creation and extinction of institutes superior technical, technological, pedagogical, arts and conservatory superiors;
v) approve the regulations governing its structure
functional organic, and prepare its annual budget; w) Develop the reports of suspension of institutions
of higher education that do not meet the established quality criteria, and subject them to the knowledge and resolution of the Board of Higher Education;
x) Track the compliance of the
academic and legal aspects of the Institutions of Higher Education; and,
and) The others determine this law and its regulations. Art. 175.-Integration of the Board of Evaluation, Accreditation and Assurance of Quality of Higher Education.- The Council will be composed of six academics. Three selected by public contest of merit and opposition organized by the National Electoral Council, who will meet the same requirements as to be Rector of a university and three appointed by the President of the Republic. The six academicians who will make up the Board of Evaluation, Accreditation and Quality Assurance of Higher Education will elect their president or president from among the three academicians nominated by the Executive. They will last five years in their duties, and may be re-elected or appointed, consecutively or not, for once, and they will not be able to hold another public office except the professorship or university or polytechnic research if their schedule permits.
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Art. 176.-Duties and Duties of the President of the Board of Evaluation, Accreditation and Assurance of the Quality of Higher Education.- The President of the Council shall have the following duties and executive powers in time complete, for a fixed period of five years being able to be re-elected for one time, and will have the following functions: a) Chair Council sessions; b) Exercise its legal, judicial and extrajudicial representation
of the body; c) Meet and enforce Council resolutions
of Evaluation, Accreditation and Assurance of Quality of the Higher Education;
d) Lead the work of the Board and its Advisory Committee; and) Dispose to the Advisory Committee the elaboration of models
of evaluation, accreditation and categorization; and, f) The others who trust this Law and its
regulations. Art. 177.-Requirements to be a member of the Board of Evaluation, Accreditation and Assurance of Quality of Higher Education.- To be a member of the Board is required: a) Poseer professional degree and academic degree of
doctorate according to Art. 121 of this Law; and, b) Certificate the performance of the university chair or
experience in processes of evaluation, accreditation and categorization of institutions of higher education for five years or more.
The members of the Council shall be subject to the limitations and impediments established in the Constitution of the Republic of Ecuador and the Law, and shall not be legal representatives or academic or administrative authorities of higher education institutions subject to regulation. For their designation, equity, alternation and gender parity will be respected in accordance with the Constitution. Art. 178.-Advisory Committee.- The Board of Evaluation, Accreditation and Assurance of Quality of Higher Education may establish an Advisory Committee for the fulfilment of its purposes. Their integration and powers will be determined in the respective regulations. Art. 179.-Integration of the Advisory Committee.- The integration and attributions of the Advisory Committee will be determined in the respective regulations that the Council will issue for the purpose. Art. 180.-Duties and Duties of the Advisory Committee.- They are the duties and duties of the Advisory Committee of the Board of Evaluation, Accreditation and Assurance of Quality of Higher Education, the following: a) Propose to the Board of Evaluation, Accreditation and
Quality Assurance of Higher Education evaluation models, self-assessment guides, external evaluation manuals, benchmarks for the
accreditation and categorization, based on the regulations on characteristics, indicators and quality standards;
b) Develop technical documents that are required in the
processes of self-assessment, external evaluation, accreditation and categorization;
c) Propose the Evaluation, Accreditation and
Quality Assurance Higher education plans for training and training for the professionalization of the evaluator;
d) Elaborate and submit to the Council consideration the
preliminary draft of the Code of Ethics of the Evaluator;
e) Design methods of selecting evaluators
external; f) Recommend actions to articulate the work of the
Evaluation, Accreditation and Quality Assurance Board of Higher Education with other institutions dedicated to the Assessment and accreditation of higher education at international level;
g) Conduct reports on assessment processes,
accreditation and categorisation in order to be considered by the Board of Evaluation, Accreditation and Quality Assurance of Higher Education; and,
h) Other activities prepared by the Board of
Evaluation, Accreditation and Quality Assurance of Higher Education.
Art. 181.-Dedication of Advisory Committee members.- Advisory Committee members may only exercise teaching in higher education if their schedule permits.
CHAPTER 3
COORDINATION OF THE EDUCATION SYSTEM
HIGHER WITH THE EXECUTIVE FUNCTION Art. 182.-From the Coordination of the System of Higher Education with the Executive Function.- The National Secretariat of Higher Education, Science, Technology and Innovation, is the body that aims to exercise the rectory of public policy higher education and coordinate actions between the Executive Function and the institutions of the Higher Education System. It will be led by the National Secretary of Higher Education, Science, Technology and Innovation of Higher Education, designated by the President of the Republic. This National Secretariat will have the staff necessary for its operation. Art. 183.-Functions of the National Secretariat of Higher Education, Science, Technology and Innovation.- They will be the functions of the National Secretariat of Higher Education, Science, Technology and Innovation, the following: a) Establish the mechanisms of coordination between the
Executive Function and the Higher Education System;
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b) Exercise the rectory of public policies in the field
of its competence; c) Ensure effective compliance with free
higher education; d) Identify careers and programs considered to be of interest
public and prioritize them according to the national development plan;
e) Design, implement, manage and coordinate the
System National of Information of Higher Education of Ecuador, and the System of Level and Admission;
f) Design, manage and implement the government's scholarship policy
for Ecuadorian higher education; for which it will coordinate, as appropriate, the Ecuadorian Institute of Educational Credit and Scholarship;
g) the national government, policies of
scientific and technological research according to the needs of the development of the country and create the incentives so that the universities and polytechnic schools can develop them, without undermining their internal policies;
h) Develop technical reports for knowledge and
Higher Education Council resolution in all cases that have to do with the goals of the National Development Plan;
i) Develop the technical reports that support the
Board of Education resolutions Superior; and, j) Exercise the other attributions that the
Executive Function and this Law entrust to you.
CHAPTER 4
OF THE QUERY ORGANIZATIONS Art. 184.-Consultation Bodies.- They are the consultative bodies of the System of Higher Education, in their respective fields, the following: (a) The Assembly of the System of Higher Education; and, (b) The Regional Advisory Committees of Planning
of Higher Education.
First Section
Of The Higher Education System Assembly Art. 185.-Assembly of the System of Higher Education.- The Assembly of the System of Higher Education is the representative and consultative body that suggests to the Council of Higher Education, policies and guidelines for the institutions that make up the Higher Education System. For information purposes, you will know the results of the annual management of the Council. Art. 186.-Integration of the Assembly of the System of Higher Education.- The Assembly of the higher education system will be composed of the following members:
a) All the rectors of the universities and public polytechnic schools and members of the higher education system;
b) A primary primary teacher elected by ballot
secret and universal by each university and public polytechnic school;
c) Two by the universities and polytechnic schools
individuals. It will not be possible for the same institution to have more than one
representative; and its representatives must have to come from the different regions of the country;
d) Six representatives of the students, distributed
The following form: two representatives of the students of the public universities; two representatives of the students of the public polytechnic schools, and two representatives of the students and the students of the universities and schools particular polytechnics;
e) Eight rectors representing the higher institutes
distributed as follows: two by the technical institutes, two by the technological institutes, two by the pedagogical institutes, one by the arts institutes, and one by the higher conservatories. In each case, these representations must be integrated by rectors of public and private institutes in a peer-to-peer manner; and,
f) Two representatives of the and the servers and the
university and polytechnic workers of the Ecuador. In the assembly of the Assembly, equality, alternation and parity of representation between men and women will be guaranteed.
Art. 187.-Increase in the number of members in the Assembly.- When a higher education institution will be created, the number of members of the Assembly will be increased according to what is established by the regulation.
Art. 188.-Representatives of teachers or teachers, students, students, servants and workers.- The representatives of teachers, teachers, students, and students, and the servants and the workers, will be elected by their respective states, through electoral colleges called by the National Electoral Council. The National Electoral Council will be certified by the elected representatives. Those who have been elected representatives will last for two years in their duties, and may be re-elected to the same representation for once. The elections will be governed by the principles of transparency, parity, alternability and equity.
Art. 189.-President and Vice-President of the Assembly.- The President of the Assembly shall be a rector or rector of a public polytechnic university or school and the vice president or rector of a polytechnic university or school.
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, elected by more than half of its members; they will last for two years in their duties, and may be re-elected for one time. Art. 190.-Meetings of the Assembly.- The Assembly shall meet in an ordinary manner, and in an extraordinary manner, when the President calls it or more than half of its members decide. Its headquarters will be the university or polytechnic school of which its president is president, which will be established after his election. Art. 191.-Duties and duties.- They are the powers and duties of the Assembly: a) Recommend general training policies
professional, research, culture, management and partnership with society;
b) Choose the President and Vice-President of the Assembly,
the members of its Board Executive and dictate its operating rules;
c) Make a statement on the consultations that you have
raised by the Board of Higher Education, the Board of Evaluation, Accreditation and Assurance of Quality of Education Superior and the National Secretariat for Higher Education, Science, Technology and Innovation; and,
d) Know the country's higher education status reports
, the Higher Education Council and the Board of Evaluation, Accreditation and Quality Assurance of Higher Education.
Art. 192.-Executive Board.- The Assembly will elect an Executive Board that will function as its permanent representative body when it is in recess and whose main function will be to establish a smooth and permanent dialogue with the Council. of Higher Education and be the spokesman of the resolutions adopted by the Assembly before the Council of Higher Education. The Executive Board will be composed of 11 members: a) The President of the Assembly, who will preside over it and
will have a vote on the board; b) Eight rectors: six for the universities and schools
public polytechnics, two for the Universities and private polytechnic schools; and,
c) Two representatives of the Technical Institutes,
technological, pedagogical, arts and conservatories public and private.
The Executive Board, It will be a joint representation between men and women. Art. 193.-Duties and Powers of the Executive Board.- The following are the duties and powers of the Executive Board: a) Be a spokesperson for the Education System Assembly
Superior to the system agencies;
b) Advise the Assembly on the academic, evaluation and accreditation processes;
c) Recommend to the Board of Education Superior
updates to the contents and execution of the Student Leveling And Admissions System, and the Student Assessment System of Higher Education; and,
d) Propose to the Higher Education Council topics of
interest for the Higher Education System.
Second Section
Regional Advisory Committees on Higher Education Planning
Art. 194.-Regional Advisory Committees for the Planning of Higher Education.- The Regional Advisory Committees for the Planning of Higher Education will be the regional consultative bodies of the National Secretariat for Higher Education, Science, Technology and Innovation, of articulation with the work of the Executive and territorial coordination with the actors of higher education working at regional level and the autonomous regional governments. Its purpose is to be a tool for horizontal consultation of the System of Higher Education at regional level, in order to make the territorial articulation effective with the other levels and educational modalities of the National Educational System and the different government areas of necessary interaction with higher level institutions such as national and regional planning, science, technology and production. A Regional Advisory Committee on Higher Education Planning will be set up for each autonomous region in the country. Art. 195.-Integration of the Regional Committees.- The integration of each of the Regional Advisory Committees on the Planning of Higher Education will be standardized in the instructional that for the purpose the National Secretariat of Education will issue Superior, Science, Technology and Innovation. Art. 196.-Functions of the Regional Committees.- The Regional Advisory Committees for the Planning of the System of Higher Education shall have the following functions: a) Propose education planning policies
higher at regional level; b) Propose regional articulation mechanisms between the
higher education and the remaining levels and modalities of the National Educational System;
c) Propose articulation modalities between the
higher education institutions and the unconcentrated work of the Executive Function;
d) Propose mechanisms of articulation between the supply of
higher education and regional educational and labour demand and regional development plans; and,
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e) Propose articulation modalities between the
higher education institutions and the regional social, productive and private sector.
TITLE X
OF THE INTERVENTION, SUSPENSION AND EXTINCTION PROCESSES
UNIVERSITIES AND POLYTECHNIC SCHOOLS
CHAPTER 1
OF THE INTERVENTION TO UNIVERSITIES AND SCHOOLS Polytechnic
First Section
Of The Intervention to universities and polytechnic schools
Art. 197.-Intervention process.- The intervention process is an academic and administrative measure, of a precautionary and temporary nature, resolved by the Board of Higher Education based on the reports of the Council of Evaluation, Accreditation and Quality assurance of higher education, aimed at solving problems that tend to the normal functioning of universities and polytechnic schools; maintaining the continuity of processes; ensuring and preserving the quality of management and, to protect the institutional patrimony, thereby guaranteeing the inalienable right of persons to a quality education in accordance with the provisions of the Constitution of the Republic and this Law. The intervention does not suspend the functioning of the university or the polytechnic school, nor to its authorities, seeks to raise the capacity of institutional management through the normalization, avoiding the damages to the university community or polytechnic. The Rules of Procedure of the Board of Higher Education will set out in this process the following: the procedure for intervention; the appointment of the financial committee and institutional strengthening, its functions, duties and powers; the powers and duties of the financial controller, its prohibitions and the monitoring of the intervention process. The appointment of the Financial Committee shall be made by the Board of Higher Education. It shall provide for the general provisions on intervention to universities or polytechnic schools, the duration of the term, the authorizations of the financial controller in the academic, administrative and economic fields, appeal to the decisions of the financial controller and the termination of his/her management. Art. 198.-Types of intervention.- The intervention will be integral or partial. The integral covers all aspects of university management, and the partial covers the administrative, economic-financial or academic areas, depending on the problem identified. Art. 199.-Causals of intervention.- They are causal of intervention:
a) The violation or non-compliance with the provisions of the Constitution of the Republic, of this Law, its General Regulation, the regulations, resolutions and other normativity issued by the Board of Higher Education, and the status of each institution;
b) The existence of academic irregularities,
administrative or economic-financial, established in the current regulations that are binding against normal institutional functioning;
c) The existence of situations of
against
normal institutional functioning and the rights of the university or polytechnic community, which cannot be resolved under the mechanisms and procedures established by the educational institutionsCHAPTER 2
OF THE SUSPENSION OF UNIVERSITIES AND
POLYTECHNIC SCHOOLS Art. 200.-Of the suspension.- The suspension implies the total cessation of activities of the university or polytechnic school and derives from the result of the intervention process when from this, no favorable conditions have been identified for its regularisation. The suspension is a definitive measure of an administrative nature and automatically entails the processing of the application of the repeal of its Law, decree, decree, agreement or agreement of creation in accordance with the provisions of this Law. The Rules of Procedure shall lay down the procedure for suspension. Art. 201.-Suspension by the Board of Evaluation, Accreditation and Assurance of the Quality of Higher Education.- The Council of Evaluation, Accreditation and Assurance of Quality of Higher Education, may suspend the institutions of the higher education system, based on its privileges and functions of accreditation and quality assurance, when they fail to meet their quality assurance obligations. For this purpose, the procedure set out in the respective regulation will be observed.
CHAPTER 3
EXTINCTION OF INSTITUTIONS
HIGHER EDUCATION Art. 202.-From extinction.- The extinction of a polytechnic university or school implies its disappearance, and requires the prior fulfillment of the intervention and suspension instances established in this law. No prior intervention shall be required, where the suspension is operated by the Board of Evaluation, Accreditation and Assurance of Quality of Higher Education. The extinction of higher technical, technological, pedagogical, arts and conservatory institutes
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are directly sourced by decision of the Board of Higher Education. Art. 203.-Derogatory of creation.- The extinction will be legally effective once the National Assembly issues the repeal of the Law of creation of the suspended higher education center, or when the holder of the Executive Function the decree derogating from the functioning of the university or polytechnic school which has been created by this means. In case the institution has been created by an international agreement or agreement, the Board of Higher Education will ask the President of the Republic to denounce the treaty that allowed its creation, in accordance with the Constitution and the Law.
TITLE XI
OF SANTIONS Art. 204.-Penalties to Institutions of the System of Higher Education.- Failure to comply with the provisions enshrined in this Law by institutions of higher education, and where they do not constitute grounds for intervention the institution shall, after the administrative process concerned, give rise to the imposition of the following penalties by the Board of Higher Education: (a) Imposition, economic penalty or suspension of
up to 60 days without remuneration, to the authorities of the institutions that violate or violate the rights and provisions laid down in the Law, its regulations and more rules governing the System of Higher Education;
b) Economic sanctions on institutions that violate or
infringe on the rights of the Law, its regulations and more rules governing the Higher Education System; and,
c) The others that the Board of Education
Superior. Art. 205.-Suspension of the delivery of funds.- The Board of Higher Education, prior to the binding report of the Board of Evaluation, Accreditation and Assurance of Quality of Higher Education, will have the suspension of the delivery of funds to an institution of higher education, in the proportional part, when one or more races or programmes do not meet academic standards. The funds withheld will be redistributed to other institutions that make up the higher education system. Art. 206.-Falsification or fraudulent issuance of securities or other documents.- The highest collegiate body of each higher education institution shall investigate and sanction, with the removal of his office, those responsible for falsification or dispatch
rector will have the obligation to file the criminal complaint with the prosecution for the beginning of the corresponding process, and to promote it, without prejudice to regular reporting to the Board of Higher Education on procedural progress. The Board of Higher Education is required to ensure compliance with these procedures. Art. 207.-Penalties for students, teachers or teachers, researchers or researchers, servants or servants, and workers.- The institutions of the Higher Education System, as well as the bodies that They shall be subject to the obligation to apply the penalties for students, teachers or teachers and researchers or researchers, depending on the case, as set out below. They are the faults of the students, professors or professors and researchers or researchers: a) Hindering or interfering in the normal development
of the academic and cultural activities of the institution;
b) Altering peace, harmonious coexistence and disrespecting the
moral and good customs; c) Atenting against institutionality and autonomy
university; d) Cometer acts of violence in fact or in word against
any member of the educational community, authorities, citizens and social groups;
e) voluntarily destroy the
institutional facilities and public goods and private;
f) Failure to comply with the principles and provisions
contained in this Law and in the Ecuadorian legal order; and,
g) Cometer fraud or academic dishonesty. According to the seriousness of the faults committed by the students, professors or professors and researchers or researchers, these will be mild, serious and very serious and the sanctions may be as follows: a) Assembly of the Upper Organ; b) Loss of one or more subjects; c) Temporary suspension of academic activities; and, d) Final separation of the institution. Disciplinary proceedings are instituted, either on their own initiative or at the request of a party, to those students, professors or professors and researchers or researchers who have incurred the faults established by this Law and the Statutes of the Institution. The High Authority shall appoint a Special Commission to ensure due process and the right to the defence. After the investigation, the Commission shall issue a report with any recommendations it considers relevant.
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The Higher Authority within thirty days of the disciplinary process shall issue a resolution imposing the sanction or absolving the students, teachers or teachers and researchers or researchers.
Students, teachers or teachers and researchers or researchers may institute the review resources to the Higher Authority of the Institution or appeal to the Board of Higher Education.
Servers and workers shall be governed by the sanctions and provisions enshrined in the Labour Code. Art. 208.-Use of tax exemptions.- The State Control Agencies will periodically verify the use of tax exemptions provided for in this Law for institutions of the Higher Education System, whose reports will be posts to the National Secretariat for Higher Education, Science, Technology and Innovation, without prejudice to the initiation of appropriate legal action in the event of irregularities. Art. 209.-Infractions against public faith and other fraud.- The promoters or representatives of national or foreign entities or companies that promote or execute academic programs of higher education under the name of university, polytechnic school or higher technical, technological, educational institute of arts or conservatories, without being subject to the procedures of creation or approval established in this Law, will be punished by civil and criminal infringements of the public faith and the provisions of Article 563 of the Criminal Code, the case, as determined by the competent judges.
The Board of Higher Education must have the immediate closure of the establishment and initiate the legal proceedings before the appropriate judges. The acts and contracts to be concluded by these entities shall have no legal value. Art. 210.-Unjustified suspension of courses in careers or academic programs.- The unjustified suspension of courses in careers or academic programs that will deprive students of the right to continue them in the manner offered by the institutions of higher education, shall be sanctioned by the Board of Higher Education, without prejudice to the corresponding financial compensation to be paid by these institutions to the students, for damages, declared judicially.
In addition, the Board of Higher Education must implement the Contingency that guarantees the right of students. Art. 211.-Right to Defense.- For the purposes of the application of the aforementioned sanctions, in all cases, due process and right to the defense enshrined in the Constitution and Laws of the Republic of Ecuador will be respected.
GENERAL PROVISIONS First.- For the purposes of applying this Law, all institutions that make up the System of Higher Education will adapt their functional, academic, administrative, financial and statutory structure to their organizational structure. to the provisions of the new legal order in this legal body, for the purposes of to keep full concordance and harmony with the scope and content of this Law.
Second.- In accordance with the provisions of the second indent of the Tenth Constitutional Transitional, only after evaluation, the universities In the future, the Constitution will be able to continue to be perceived in the future. These entities shall be accountable to the public funds received and shall allocate the resources provided by the State to the grant of scholarships to the students of scarce economic resources since the beginning of the career. These institutions will continue to receive the allocations and rents that correspond to them until they are evaluated. The general regulation of application to this Law will address the provisions of the previous paragraph.
Third.- The offer and execution of higher education programs is the exclusive attribution of higher education institutions legally authorised. The creation and financing of new public university careers will be subject to the requirements of national development. The programs may be in the form of in-person, semi-face-to-face, distance, virtual, online, and other studies. These modalities will be authorized and regulated by the Board of Higher Education.
Fourth.- Polytechnic universities and schools are the center of discussion of philosophical, religious, political, social, economic and other theses. This is a scientific approach, which is incompatible with religious imposition and with the proselytizing political-partisan propaganda within the educational precincts. Political parties and movements are prohibited from financing university or polytechnic activities, as well as the members of these entities receiving this type of aid. The authorities of the institutions of the System of Higher Education will be responsible for the fulfillment of this provision.
Fifth.- The universities and polytechnic schools will develop operational plans and strategic plans of Institutional development designed in the medium and long term, according to its own guidelines. These plans should include actions in the field of scientific research and establish articulation with the National Plan of Science and Technology, Innovation and Ancestral Knowledge, and with the National Development Plan. Each institution shall carry out the evaluation of these plans and draw up the corresponding report, which shall be submitted to the Board of Higher Education, to the Board of Evaluation, Accreditation and Assurance of Quality of Education. Top and for effect of inclusion in the
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National Information System for Higher Education, will be forwarded to the National Secretariat for Higher Education, Science, Technology and Innovation.
Sixth.- For the purposes of this Law, the institutions of the Higher Education System, will not be able to establish new venues, nor to create extensions, programs or parallels outside the province where the headquarters operates established in its legal instrument of creation.
Seventh.- The institutions of higher education that operate in Ecuador under international agreements and agreements and which receive resources from the Ecuadorian State, will continue to do so; they will be governed by these instruments in relation to the designation of their first authorities they must comply with the same requirements as this law to be university rector, without prejudice to the obligation to observe the provisions contained in this Law, the regulations and the resolutions of the Board of Higher Education, of the Board of Evaluation, Accreditation and Assurance of Quality of Education Superior. The public nature of those institutions of higher education created by agreements or international agreements of the Ecuadorian State with other States is recognized that the entry into force of this law will work in the country. The universities established according to the Modus Vivendi celebrated between the Government of Ecuador and the Holy See are governed by the terms of this Agreement and this Law. As regards the designation or election of the authorities and governing bodies, and the appointment of the clerical teachers, these universities shall be governed by the provisions of their statutes, in accordance with their principles and characteristics, observing the periods and requirements required in this Law.
Eighth.- According to the first paragraph of the Transitional Provision Twenty-th of the Constitution, the National University of Education "UNAE", is a higher institution The Commission will be responsible for vocational training at national level. It will be a participant in the income and allocations that the State allocates to the institutions of the Higher Education System.
Novena.- The Institute of Higher National Studies-IAEN-is the State University of Posgrad, with the mission of train, train and provide continuing education, mainly to public servants; research and generate strategic thinking, with a forward-looking vision on the State and Public Administration; develop and implement knowledge; methods and techniques related to planning, coordination, direction and implementation of policies and public management. The IAEN will enjoy the academic, administrative, financial and organic autonomy that is recognized to the universities and polytechnic schools of the country. The IAEN shall be governed by this Law and shall be involved in the budget that the State allocates to the institutions of the System of Higher Education and, to the proportional portion of the income established in the Law of the Permanent Fund of Development University and Polytechnic-FOPEDEUPO.
Your rector will be elected by the President of the Republic of a third party sent by the institution of higher education. The candidates of the terna must meet the same requirements as the law establishes to be Rector of an Ecuadorian university. The highest academic collegiate body, chaired by the Rector, will be integrated according to the provisions of this Law, of which the Technical Secretary of the National Planning and Development Council or his delegate will be part of the of the President of the Republic who will participate in a voice and vote. Tenth.- In compliance with Article 344 of the Constitution of the Republic, the National Educational Authority will design and implement information and academic plans and programs that will allow the system to be linked to the system. The Ministry of Education, with the National Education System in order to ensure that the Baccers have adequate preparation, to facilitate their admission to the universities and public and private polytechnic schools. Tenth First: Promotion of programs of excellence.- The State will promote a Project of Excellence, through the granting of financial incentives to the universities and polytechnic schools that organize them. In order to access financial incentives, public and private universities and polytechnic schools will have to plan academic quality programmes, with full-time teachers and students, appropriate equipment, and also to register within the priorities defined in the National Development Plan. For the purpose, the National Secretariat of Higher Education, Science, Technology and Innovation, will establish the rules of operation of the Project of Excellence.
TRANSITION REGIME First.- Published this Law In the Official Register, the National Electoral Council, within a maximum period of sixty days, shall convene a public contest of merit and opposition for the appointment of the academic and student members, which shall comprise the Board of Higher Education and the Board of Evaluation, Accreditation and Assurance of Quality of Education Superior. If this deadline is not met, the National Secretariat for Higher Education, Science, Technology and Innovation will convene the respective competition. From the publication of this Law in the Official Register, the president, the vowels and secretary of the CONESUP, will cease in their duties. Within a maximum of 15 days after the publication of this Law, the National Secretary of Higher Education, Science, Technology and Innovation will convene the rectors of the public universities of Category A of the CONEA report, which is issued in compliance with Mandate 14, to appoint six academics to integrate the Board of Higher Education on a provisional basis, with the same requirements as required by this Law, who will exclusively perform tasks of
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document certification. If they do not do so in that time, they will be directly appointed by the National Secretariat for Higher Education, Science, Technology and Innovation. The National Secretary for Higher Education, Science, Technology and Innovation, within a maximum period of thirty days from the time of this Law, shall convene the appointed academicians and the vowels appointed by him. Executive to start their work; among them they will elect the temporary president. From the publication of this Law in the Official Register, the president and secretary of the CONEA will cease their duties. The members of the Board of Evaluation and Accreditation of Higher Education will remain in office until the final integration of the Board of Evaluation, Accreditation and Quality Assurance of Higher Education, who will appoint a temporary president and his/her duties shall be limited to administrative tasks and shall not be able to assess, certify, or prove the quality of institutions, careers and programmes. The dignitaries of the Assembly of the Ecuadorian University will exercise the functions of the Assembly of the System of Higher Education until they are legally replaced. Second.- The Board of Higher Education is the body that replaces CONESUP in accordance with the provisions and functions set out in this Law. From the time of this Law, the patrimony and the allocations of the National Council of Higher Education (CONESUP), will pass to the National Secretariat of Higher Education, Science, Technology and Innovation, which will guarantee in a way mandatory infrastructure and logistical support required by the Board of Higher Education for the fulfilment of its duties and obligations. Third.- The Board of Evaluation, Accreditation and Assurance of the Quality of Higher Education is the body that subrogates in all its rights and obligations to the CONEA and in all the legal references prior to the issuance of this Law. The allocations to this body will be credited to the new Council. Fourth.- Until the regulations provided for in this law are adopted, the rules governing the higher education system will remain in force, in all that does not oppose the Constitution and this Law. Fifth.- The stability of the servers and workers of CONESUP, which are not of free removal, will be guaranteed; those who will be integrated, after the process of evaluation of performance, to the National Secretariat of Higher Education, Science, Technology. The stability of CONEA workers will also be guaranteed.
TRANSIENT provisions First.- In compliance with the Twentieth Transitional Provision of the Constitution of the Republic of Ecuador, within five years from the time of the validity of
the Magna Carta, all polytechnic universities and schools, their extensions and modalities, technical, technological, pedagogical, technical and higher education institutes, both public and private, as well as their careers, programmes and post-graduate, they must have complied with the assessment and accreditation of the Evaluation Board, Accreditation and Assurance of Quality of Higher Education. This process will be carried out for all institutions of higher education, even those that have been evaluated and accredited by the previous National Council for Evaluation and Accreditation of Ecuadorian Higher Education (CONEA). The newly created universities and polytechnic schools that have less than five years of legal existence at the time of this Law, will continue in their processes of institutionalization already initiated, until their conclusion, without prejudice to the provisions of the Twentieth Transition of the Constitution of the Republic of Ecuador. Second.- The higher education institutions that have not approved the corresponding evaluation and accreditation within the time limit indicated in the transitory twentieth Constitutional will cease to be part of the Higher Education System. In this case, the universities and polytechnic schools created by Law, Decree, Agreement or Convention will cease to function, for which the Higher Education Council will apply the respective procedure, prior to the report of the Council of Evaluation, Accreditation and Assurance of Quality of Higher Education. Third.- In compliance with the Constituent Mandate number 14, higher education institutions that were located in category E by the CONEA report, must be evaluated within 18 months of the enactment of this Law. As long as this deadline is met, such universities and polytechnic schools will not be able to offer new grade academic programs or graduate courses. The Universities and Polytechnic Schools that do not meet the quality parameters required by the Board of Evaluation, Accreditation and Assurance of the Quality of Higher Education in this evaluation, will be definitively suspended. It will be the obligation of the National Assembly to immediately issue the repeal of the laws of creation of these Universities and Polytechnic Schools. The rights of students from these universities and Polytechnic Schools are guaranteed so that they can continue their regular studies in other higher education institutions, governed by the norms of these institutions. For the purpose, the Board of Higher Education shall prepare, coordinate and supervise the implementation of a contingency plan. Fourth.- Giving compliance to the provisions of the Constituent Mandate 14, within one year the process of purging the Technical and Technological Institutes, which are not in operation and should be the case, will be completed before the report. respective, they will be definitively suspended.
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Fifth.- In compliance with the provisions of this Law, the Board of Evaluation, Accreditation and Assurance of Quality of Education In addition, in the period of eighteen months from the date of its installation, it shall carry out a purge of offices, extensions, programmes, parallels and other forms of similar characteristics maintained by the institutions of higher education outside its headquarters or main address. To do this, a study will be carried out in order to establish the ones that can continue to operate. In order to authorize its further operation, the Council shall issue the necessary rules, which shall take into account the working time, infrastructure, local need, availability of academic staff and the existence of other centres of higher education in the locality. Venues, extensions, programs, parallels, and other similar features that will not qualify to continue operating, will not be able to receive new students in the future.
Sixth.- The promoters or managers of the organizations that sponsored the operation of universities and polytechnic schools, created from the validity of the previous Law, from May 15, 2000, must transfer within 180 days to these institutions the domain of the assets and resources with which the project of creation was supported. In the event that a polytechnic university or school does not comply with this obligation, the Board of Higher Education must immediately intervene and request the repeal of the Law of creation of the institution of higher education. The SRI and the General Control of the State, separately and within 90 days shall submit a special report on the beneficiaries, and the destination and use by the Institutions of Higher Education of the resources delivered to them in 25% of the income tax donation.
Seventh.- Representatives to the Assembly of the System of Higher Education will be elected by their respective parties within 120 days after this Law has been enacted.
Eighth.- The amount of resources that the Assessment Board will have, Accreditation and Assurance of the Quality of Higher Education, for the fulfilment of the Transitional Provision First of this Law, will be established by studies and relevant projections prepared by the institution, in coordination with the Executive. These resources will be included within the General Budget of the State.
Novena.- The titles corresponding to Superior Diploma legally awarded by the universities and polytechnic schools, registered by the CONESUP, will continue to be considered as postgraduate courses. The academic programs of diploma that are legally in execution before the current law, will be recognized and registered as post-graduate degrees.
Tenth.- The requirement to have an academic degree of doctorate (PhD or its equivalent), to be a member of the Board of Evaluation, Accreditation, and Assurance of the Quality of Higher Education and the Advisory Committee, will take effect immediately upon the enactment of this Law. Tenth First.- The requirement to have an academic degree of doctorate (PhD or its equivalent), to be rector or rector, vice-chancellor or vice-chancellor, of a polytechnic university or school shall enter into force within a period of five years from the enactment of this Law. However, during this period all candidates for rector, vice-chancellor or vice-chancellor shall have at least one academic degree of master's degree. The academic degree of doctorate according to Art. 121 of this Law, required as a requirement to be rector or vice-chancellor of a university or polytechnic school, must be issued by a different university or polytechnic school in which will exercise the position. Those who have served as rector or vice-chancellor of higher education institutions for two periods will not be eligible for a new re-election. Tenth Second.- After five years of this Law, the requirements of the qualifications required for the external evaluators of higher education institutions must also meet the qualification of the academic programs. where they obtained such qualifications. For this purpose, the Board of Evaluation, Accreditation and Quality Assurance of Higher Education will define this requirement based on the processes of categorization that it carries out. In the case of foreign qualifications, the qualification obtained by the programme in the country of origin shall be assessed and, in the absence of such qualification, the qualification shall be submitted to an assessment by the Advisory Board of the Evaluation Board, Accreditation and Assurance of Quality of Higher Education. Tenth Third.- The PhD requirement (PhD or its equivalent) required to be a principal professor, a university or a polytechnic school, will be compulsory after 7 years after the law has been in force. If this condition is not met, the main master teachers will automatically lose this condition. The requirement to have accessed the teaching by public tender of merit and opposition to be the rector of a university or polytechnic school, shall be applicable to the teachers who are appointed from the validity of this Law. Tenth Fourth.- The universities and polytechnic schools will have a two-year period from the entry into force of this Law, in order to comply with the regulations of having at least 60% of teachers or teachers in full time with respect to the whole of its Docent plant. Tenth Fifth.- During the five years after the enactment of this Law no new institution of higher education will be created. The National University of Education "UNAE", provided for in the Twentieth Transitional Provision of the
, is exempted from this moratorium.38 -- Supplement -- Official Registration No. 298 -- Tuesday, October 12, 2010
Constitution, whose matrix will be in the city of Azogues, Province of the Canar; the Amazonian Regional University, whose matrix will be in the city of Tena, Napo Province; the University of the Arts based in the city of Guayaquil and an experimental technology research university. The Executive Function shall carry out within the maximum period of two years, the corresponding constitutional and legal procedures for its creation and operation, and shall be participants in the proportion of the income allocated by the State to the universities. and public polytechnic schools. Tenth Sixth.- In the event that the Universities determined in the Transitional Provision Tenth Fifth of this Law, have not been able to complete their creation and operation procedure, within two years, it may be extended up to 2 years. Tenth Seventh.- Universities and Polytechnic Schools within 180 days will reform their statutes to bring them into line with this Law, a reform that will have to be reviewed and approved by the Board of Higher Education. In this period, any election process shall be governed by this Law. Tenth Eighth.- Within three years the Board of Evaluation, Accreditation and Quality Assurance of Higher Education will verify that the Higher Education Institutions have implemented the accessibility requirements. physical, the necessary conditions for the learning process, for the benefit of students with disabilities. These requirements will be incorporated as parameters for the quality assurance of higher education.
10th Ninth.-Supplementary Retirement.- The supplementary pension funds created under the Legislative Decree of 1953, which established the auxiliary pension for academic staff of universities and polytechnic schools, will continue to generate this benefit with State resources in the terms indicated in the mentioned Legislative Decree, for the current beneficiaries. The teachers and researchers of the public institutions of the Higher Education System who have received the employer's retirement before the validity of this Law or those who do so until December 2014, will receive this benefit.
Twenty.- The Board of Higher Education within one hundred and eighty days of its constitution, shall issue the Career and Escalation Regulations of the Professor and Investigator of the System of Higher Education, which regulates the income, promotion, stability, escalation, evaluation, cessation and retirement of such staff.
Twenty-First.- The deadline determined in the previous Disposition, may be extended up to 180 days.
Twenty-Second.- As of the validity of this law, the ESPE Army Polytechnic School will be integrated, the Universidad Naval Commander Rafael Moran Valverde-
UNINAV and the Instituto Tecnológico Superior Aeronautica-ITSA, forming the University of the Armed Forces "ESPE". The academic, technical and administrative information of the higher education institutions mentioned above will be unified at the Universidad de las Fuerzas Armadas-ESPE and from the current law, within a maximum of one year, the The patrimony of the higher education institutions that make up the University of the Armed Forces-ESPE, will make up the patrimony of this. In his capacity as a public university, the University of the Armed Forces-ESPE, will be a participant in the income that the state spends on higher education. Within the maximum period of 180 days of this Law, the procedures necessary to integrate the University of the Armed Forces-ESPE-will be developed in accordance with the specific objectives and objectives, according to the policies to be defined by the Ministry of National Defense. The institutional procedure will be completed, the statute will be forwarded to the Council of Higher Education for approval. As long as this approval lasts and until the full conformation of the highest collegiate body of this university, the authorities of the higher education institutions that make up the University of the Armed Forces-ESPE will continue in their duties. The stability of teachers, servers and workers of the higher education institutions that make up the University of the Armed Forces-ESPE is guaranteed.
Twenty-third.-The Board of Higher Education will dictate within a maximum period of 180 days from its conformation the Regulation on professors and researchers who are not in a Dependence Regime.
Twenty-four.- Las and the professors who work in the higher conservatories and public and private art institutes, will be granted five years of the term of this Law to obtain the title of third level in your craft.
Twenty-Fifth.- The Teaching Career Regulation and Escalafon will establish a transition process for the full implementation of the standards on dedication, scale and remuneration of university and polytechnics teachers that are included in this law. The Regulation will establish that in order to require those teachers to comply with the commitment of 20 and 40 hours per week of work, as the case may be, their remuneration must be raised at least in the respective proportion.
Twenty-sixth.- For the Article 42, the Council of Higher Education, will establish the mechanisms that enable the delivery of the financial information of the institutions of higher education. Twenty-seventh.- The enabling examination established in Art. 104 of this law will be applied progressively, beginning with the medical careers.
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DEROGATIONS First.- The Organic Law on Higher Education, published in the Official Register 77 of 15, is repealed. May 2000. Second.- The General Regulation is repealed with the Organic Law of Higher Education, issued by Executive Decree 883, published in the Official Register 195 of 31 October 2000. Third.- The rules contained in Executive Decree No. 1011, published in the Official Register No. 320 of April 21, 2008 and Executive Decree 1369, published in the Official Register No. 450 of October 21, 2008, are repealed. Fourth.- Articles 2, 3, 4, 5, 6, first indent of Article 8, Articles 9 and 10 of Supreme Decree No. 375-A, published in the Official Register No. 84 of June 20, 1972, are repealed. Fifth.- All legal provisions that are contrary to this Law, as well as the following articles of the Legislative Decree of the year 1953 in the relevant part of " The retired university professors of the Caja de Pensions, they will be entitled to an auxiliary pension from the budget of the respective University:
1. ' Art. 1st-University professors retired by
the Pension Fund, will be entitled to an auxiliary pension in charge of the respective University Budget, provided they have completed thirty
years of services in Educational institutions and have at least fifty-five years of age.
The auxiliary pension will be the difference between the last
monthly salary received by the teacher and the retirement granted by the Caja de Pensions.
2. Art. 2nd-The university professors retired by the
State with pensions inferior to seven hundred sucres, they will have the right to have since January a thousand nine hundred and fifty and four to be paid twice their current pension. "
Sixth.- The constant regulatory and administrative basis in regulations, agreements, resolutions, and other legal norms that are opposed to this Law are repealed.
FINAL DISPOSITION This Law shall enter into force. in force from the date of its publication in the Official Register. Given and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha Province, on the four days of August, two thousand ten. Fernando Corderdo Cueva (sic), President. Dr. Francisco Vergara O., Secretary General.
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