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Higher Education Law

Original Language Title: LEY DE EDUCACIÓN SUPERIOR

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________

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DECREE NO 468

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I. That Article 61 of the Constitution of the Republic establishes that higher education shall be governed by a special law, which shall contain the general principles for the organization and operation of state and private universities, autonomy of those and the non-profit nature of these; the normative scope of their statutes, the social service they provide and the respect for the freedom of professorship to assist them; likewise, it will regulate the creation and operation of the institutes technological, official and private.

II. That by Legislative Decree No. 522, dated November 30, 1995, published in Official Journal No. 236, Volume No. 329 of December 20 of the same year, the Law of Higher Education was issued; for the purpose of ensuring the functioning of the democratic and adequate academic level of institutions of higher education; ensuring that they contribute to the integral development of the human person, provide a social service, and are constituted in centers of conservation, research, promotion and dissemination of culture, in order to contribute to the critical dissemination of universal knowledge, reach and serve the Salvadoran people.

III. That, more than eight years after the law, the experience gained during its application and the technological changes produced at international level, determine new conditions and requirements in the national educational field, which is necessary To consider and to address; in order to enhance quality, strengthen institutions of higher education and encourage the training of professionals suitable to compete in the field of globalization.

IV. That, with the stated purpose and through the contribution of all the entities related to the subject, have been obtained reforms and specific additions to the general framework of the mentioned law, which, for the most part, it is necessary to conserve; however, Reasons of legislative technique, it is necessary to readjust the articulated of it and reproducing its relevant provisions, it repeals the already mentioned decree and a new law is issued.

BY TANTO,

in use of its faculties on the initiative of the President of the Republic, through the Minister of Education and the Deputies: Ruben Orellana Mendoza, Salome Roberto Alvarado Flores, Gabino Ricardo Hernandez Alvarado, Douglas Alejandro Alas Garcia, Roberto Eduardo Castillo Batlle, Luis Alberto Corvera Rivas, Jose Ernesto Castellanos Campos, Marta Lilian Coto Vda. Cuellar, Elizardo González Lovo, Mariella Peña Pinto and Rolando Casamalhuapa,

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DECRETA the following:

HIGHER EDUCATION LAW

CHAPTER I OF THE HIGHER EDUCATION

LAW OBJECT

Art. 1. This Law is specifically aimed at regulating higher education, as well as the creation and functioning of state and private institutions that provide it.

OBJECTIVES

Art. 2. Are objectives of Higher Education:

a) Forming competent professionals with a strong vocation of service and sound ethical principles;

b) Promoting research in all its forms;

c) Providing a social service to the community; and,

d) Cooperate in the conservation, dissemination and enrichment of the cultural legacy in its national and universal dimension.

FUNTIONS

Art. 3. Higher education integrates three functions: teaching, scientific research and social projection.

Teaching seeks to teach how to learn, guide the acquisition of knowledge, cultivate values and develop in students skills for research and interpretation, for their integral training as professionals.

RESEARCH IS THE SYSTEMATIC SEARCH AND ANALYSIS OF NEW KNOWLEDGE TO ENRICH THE SCIENTIFIC, SOCIAL AND ENVIRONMENTAL REALITY, AS WELL AS TO ADDRESS THE ADVERSE EFFECTS OF CLIMATE CHANGE. (3)

THE PROJECT SOCIAL IS THE INTERACTION BETWEEN ACADEMIC WORK WITH THE NATURAL, SOCIAL, ENVIRONMENTAL AND CULTURAL REALITY OF THE COUNTRY. (3)

HIGHER EDUCATION STRUCTURE

Art. 4. Higher education is a systematic effort of post-secondary education and includes: Technological Education and University Education.

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Technological education, is intended to train and train professionals and technical expertise in the application of the knowledge and skills of the different scientific or humanistic areas.

University education is one that is oriented towards training in careers with character studies multidisciplinary in science, art, culture and technology, which trains scientists and humanistically and leads to obtaining university degrees.

ACADEMIC DEGREES

Art. 5. The academic degrees corresponding to the level of higher education are as follows:

a) Technician;

b) Professor;

c) Technologist;

d) Licensed, Engineer and Architect;

e) Maestro;

f) Doctor; and

g) Specialist.

Grades will adopt the decline of the gender corresponding to the person receiving them.

To obtain such academic degrees, the stakeholders will have to study and approve the corresponding curriculum and comply with established graduation requirements.

Technological institutes may only grant degrees of technician and technologist. Higher-level specialized institutes and universities will be able to grant all the degrees set forth in this Article.

VALUE UNIT SYSTEM

Art. 6. It is established as compulsory, the system of value units to quantify the academic credits accumulated by the educando, based on the effort made during the study of a career.

The value unit will be equivalent to a At least twenty hours of academic work of the student, attended by a teacher, in a cycle of sixteen weeks, understanding the academic hour of fifty minutes.

The equivalence of this requirement, without prejudice to academic quality of the grade, when

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use non-face-to-face teaching methodologies, will be determined by the Ministry of Education in the corresponding regulation.

Higher education institutions will be able to develop two ordinary cycles and one extraordinary cycle per year.

MERIT UNIT COEFFICIENT

Art. 7. For the purposes of quantifying, the academic performance of the education is adopted the system of coefficient of units of merit, CUM, this is binding with the requirements of graduation and will be defined by each institution.

Unit of merit is the the final rating of each subject, multiplied by its value units.

Coefficient of merit units is the ratio resulting from dividing the total of earned merit units, among the total value units of the subjects submitted and approved. DEGREE OF TECHNICIAN

Art. 8. The degree of Technician is awarded to the student who has approved a program of studies that includes all the essential aspects for the practice of knowledge and skills in a specific scientific or humanistic, art or technical area.

A plan of academic studies for obtaining the degree of Technician, shall be of no less than two years, and a minimum requirement of sixty-four value units.

DEGREE OF TEACHER

Art. 9. The degree of Professor will be awarded to the student who has completed and approved the curriculum for teacher training authorized by the Ministry of Education.

The curricula for obtaining the degree of Professor will have a duration not less than three years and a minimum academic requirement of ninety-six value units.

DEGREE OF TECHNOLOGIST

Art. 10. The degree of Technologist will be awarded to the student who curse and approves a study plan with greater depth than that of Technician; it will have a minimum duration of four years and an academic requirement not less than one hundred and twenty-eight units of value.

DEGREE OF BACHELOR, ENGINEER, OR ARCHITECT

Art. 11. The degree of Bachelor, Engineer or Architect, is awarded to the student who has approved a curriculum that understands all the essential aspects of an area of knowledge or a specific scientific discipline.

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The plans of academic studies for obtaining this degree will have a duration of no less than five years and a minimum requirement of one hundred and sixty value units.

MASTER GRADE

Art. 12. The Master's degree is a particular specialization after the degree of Bachelor, Engineer or Architect, in which a specific capacity for the professional performance or for the academic work of research and teaching is developed. The Ministry of Education will be able to authorize master plans for the deepening and expansion of the knowledge obtained with the degree of Bachelor, Engineer or Architect.

The curriculum for obtaining the Master's degree will be for a duration of no less than two years, and a minimum requirement of sixty-four value units.

DEGREE OF DOCTOR

Art. 13. The degree of Doctor is the level of post-graduate training, Engineer, Architect or Master, to advance knowledge of the sciences, art and technology.

To obtain this degree, it is necessary to develop and approve a thesis product of research, executed in a given scientific branch. The curriculum shall be for a duration not less than three years and shall comprise a minimum of ninety-six value units.

WITHOUT PREJUDICE TO THE ABOVE, THE DEGREE OF DOCTOR OF MEDICINE AND DOCTOR IN DENTISTRY MAY BE ACCESSED WITHOUT HAVE PREVIOUSLY OBTAINED OTHER ACADEMIC DEGREES; BUT IN ANY CASE, THE SUMMARY OF THE VALUE UNITS, WHICH THE APPLICANT TO THE DEGREE OF DOCTOR MUST EARN, MAY NOT BE LESS THAN TWO HUNDRED AND TWENTY-FOUR VALUE UNITS, WITH A PLAN OF STUDIES OF A DURATION NOT LESS THAN SEVEN YEARS, AND HAVING COMPLIED, IN THE CASE OF DOCTORATE IN MEDICINE, WITHOUT EXCEPTIONS, WITH A YEAR OF ROTARY BOARDING IN EL SALVADOR AND A SCHOOL HOSPITAL, FUNDAMENTAL TO THEIR TRAINING, AND THEIR CORRESPONDING SOCIAL YEAR. (4)

SPECIALIST GRADE

Art. 14. The degree of Specialist for physicians and dentists is obtained after the basic degree of Doctor; it will have a minimum duration of three years and a minimum requirement of ninety-six value units.

GENERAL EXCEPTIONS

Art. 15. Where higher-demand academic credit systems are applied to the system of value units, the Ministry of Education, after consulting the Higher Education Council, may approve derogations for the duration of the cycle and the duration of the career, in any of the higher education institutions.

It may also be foreseen, in the curricula of the different careers, that students

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that obtain, from the first cycles, a unit coefficient of merit greater than eight, can complete their studies in less time than the one established in this law.

CULTURAL OUTREACH WORK

Art. 16. All institutions of higher education may perform cultural outreach, through special courses or activities.

Certificates, diplomas which, for such a concept, extend to higher education institutions, may be signed by the authorities who coordinate such activities and will not generate value units for obtaining academic degrees.

INCOME REQUIREMENTS

Art. 17. They are income requirements for starting higher education studies:

a) Haber obtained the bachelor's degree or possess an equivalent degree obtained abroad and legally recognized in the country; and,

b) Meet the requirements

the cases referred to in Article 64 of this Law, the additional income requirements of the above will be determined by the institution. Ministry of Education.

OF EQUIVALENCES

Art. 18. Persons who have completed and approved studies in a foreign higher education institution may request that such studies be recognised as equivalent to those of the same kind in higher education institutions. The documents certifying such studies must be authenticated.

The persons who have completed and approved studies in a Salvadoran institution of higher education may request equivalences of the same kind in another national institution.

Higher education institutions must have regulated in its internal regulations, the procedure for granting equivalences.

The same is understood as regards to similar content and depth. Institutions of higher education may grant equivalences of studies by means of proficiency tests, provided that they have regulated such circumstances according to what is determined by the Regulation of this Law.

REQUIREMENTS OF GRADUATION

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Art. 19. The requirements for starting the graduation process in any higher education institution are:

a) Having completed and approved all the subjects of the respective curriculum;

b) Having met the other requirements established in the statutes and graduation rules of the institution that will extend the academic title;

c) Haber performed the social service;

d) Haber completed and approved subjects that credit to him a minimum of thirty-two value units in the institution that will grant the grade. In cases where Article 59, literal (c), (d) and (e) applies, the Ministry of Education shall determine the relevant.

For the cases referred to in Article 64 of this Law, the additional egress requirements shall be determined by the Ministry of Education.

ADDITIONS

Art. 20. Incorporation implies the recognition and academic validity of professional studies conducted abroad, or served in the country by foreign institutions, using technological means of communication; in the latter case, the foreign higher education institutions must be accredited in the country of origin by legally recognized agencies.

The Ministry of Education may incorporate national or foreign professionals in the event of the existence of agreements of mutual recognition of diplomas, signed by the country and through the state or private institutions of higher education; according to the nature of the studies and academic competence of the institutions.

In case of no similar or equivalent races in the country, the Ministry of Education may include professionals, after obtaining the favourable opinion of a special committee, made up of professionals of equal training to that of the applicant; the latter shall have the endorsement of the Board of Higher Education.

The Ministry of Education issue a regulation laying down the procedures for the matter.

SUPPORTING DOCUMENTS

Art. 21. Higher education institutions shall grant the degrees corresponding to the degrees they offer.

Such securities shall bear the signatures and stamps specified in their statutes.

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CHAPTER II INSTITUTIONS OF HIGHER EDUCATION

Section First Generalities

INSTITUTION CLASSES

Art. 22. They are institutions of higher education:

a) Technological institutes;

b) specialized institutes of higher level; and,

c) Universities.

They are technological institutes dedicated to the training of technicians and technologists in the various scientific, artistic and humanistic specialties.

They are specialized institutes of higher level, those dedicated to training professionals in an area of sciences, art or art.

They are universities, those dedicated to academic training in careers with multidisciplinary studies in sciences, arts, and techniques.

DEPENDENCIES AND REGIONAL CENTERS

Art. 23. Institutions of higher education will be able to create the dependencies, schools and research and social projection centers necessary for the realization of their aims.

They will be able to create regional centers, if their statutory norms contemplate expressly such a possibility, and if the respective feasibility and feasibility studies are approved by the Ministry of Education.

Regional Centers must meet the minimum requirements required of the institutions, with the exception of of the number of races.

Each Regional Center will have its own organization administrative, financial, and academic records that enable you to fulfill the basic functions of higher education.

FREEDOM OF PROFESSORSHIP

Art. 24. Higher education institutions and their teachers and researchers enjoy freedom

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of Chair.

State authorities and individuals who will take such liberty, respond to their acts in accordance with laws.

AUTONOMY AND FREEDOM

Art. 25. The University of El Salvador and the rest of the State enjoy autonomy in the teaching, the economic and the administrative. Technological institutes and state specialists will be subject to the dependence of the corresponding primary unit.

Private institutions of higher education, enjoy freedom in the areas identified, with the

State and private universities, are empowered to:

a) Determine how they will perform their teaching, research and social projection functions, and the proposal for its plans and programmes of studies, its Statutes and Regulations, as well as the selection of your staff;

b) Choose your administrative authorities, manage your assets and issue your internal legal instruments; and,

c) Dispose of your resources to satisfy the purposes that you own according to the Law, its statutes and regulations.

Section Second State Institutions of Higher Education

PERSONALITY

Art. 26. State institutions of higher education are corporations governed by public law, with legal personality and their own patrimony.

State institutions of higher education are those created by Legislative Decree or Executive Decree. in the Education Ramo, as the case may be.

BUDGET ALLOCATION AND AUDIT

Art. 27. The annual budget of the State Budget will be allocated to the support of state universities, to the promotion of research and to the need to ensure and increase their heritage.

technological and specialized state will have their budget entered expressly in the primary units of which they depend.

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State institutions of higher education shall be subject to the audit of the Court of Accounts of the Republic.

Officials and other servants of the state institutions of higher education are subject to the rules of responsibility for the abuses committed in the exercise of their positions.

New Section Third Creation and Authorization of New

Institutions Private Higher Education

LEGAL NATURE

Art. 28. Private institutions of higher education are corporations of public utility, of a permanent nature and not for profit. They must have their assets for the achievement of the objectives for which they have been created. The surpluses they obtain should be invested in research, teaching quality, infrastructure and social projection.

INSTITUTION BUILDING

Art. 29. The creation of private institutions of higher education will be done by means of public writing in which the founders and sponsors compete with the creation of the new entity, determining their objectives and approving their draft statutes.

AUTHORIZATION OF NEW INSTITUTIONS

Art. 30. Those interested in setting up a private institution of higher education, or foreign nationals wishing to operate in the country, must submit the corresponding application to the Ministry of Education, accompanied by the public writing of the creation to which they are refers to the previous Article, a feasibility study and a copy of the institution's draft Statute.

The initial capital to authorize an institution of higher education or a regional center, may not be less than one hundred percent of the working capital which the feasibility studies require to operate annually and (a) to ensure their sustainability over the first five years.

FOREIGN HIGHER EDUCATION INSTITUTIONS WILL BE ABLE TO DEVELOP THEIR CURRICULA AND CURRICULA WHEN THEY OFFER THEM THROUGH AGREEMENTS WITH THE INSTITUTIONS OF THE LEGALLY ESTABLISHED PRIVATE HIGHER EDUCATION, PRIOR TO THE AUTHORIZATION OF THE MINISTRY OF EDUCATION; OR TO THE UNIVERSITY OF EL SALVADOR.

FOREIGN HIGHER EDUCATION INSTITUTIONS THAT WISH TO FUNCTION DIRECTLY, MUST FILL THE REQUIREMENTS REQUIRED BY THIS LAW TO PRIVATE NATIONAL HIGHER EDUCATION INSTITUTIONS. (1)

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FEASIBILITY STUDY REQUIREMENTS

Art. 31. The feasibility study should contain at least the following elements:

a) Justification of the new institution to respond objectively to the needs of the country;

b) Project plans and study programmes ensure high academic quality;

c) Planes of the physical infrastructure that provides for the necessary and appropriate hygienic and pedagogical conditions for the good development of the educational process;

d) Enumeration of the resources of the support with which you count or plan to ensure good academic work;

e) Nomina de the authorities of the new institution, with the specification of their academic credentials;

f) Plan of academic and financial organization; and,

g) Programs and projects of research and social projection to be developed.

The feasibility study must be accompanied by the action execution program to develop what is set out in the literals b, c, and d, of this Article.

PROVISIONAL AUTHORIZATION

Art. 32. Received the request and documents referred to in Article 30, the Ministry of Education, will examine them and if they meet the legal requirements, will hear the opinion of the Board of Higher Education.

If the Ministry of Education approves the the new institution will be provisionally authorised by the Executive Agreement in the Education Ramo, setting a deadline for the implementation of the implementation programme of the feasibility study. This same Executive Agreement will grant the institution the recognition of its legal personality.

DEFINITIVE AUTHORIZATION

Art. 33. The institution may request the Ministry of Education for the final authorization, having completed the action programme stipulated in the feasibility study. This will be resolved by the Executive Agreement in the Education Ramo, after inspection of the facilities of the institution, in order to verify the execution of said program and the fulfillment of the legal and regulatory requirements.

DEADLINES DEFAULT

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Art. 34. The authorised private institutions of higher education may apply for a new period of up to two years for the implementation of the action programme stipulated in the feasibility study.

If the Ministry of Education shall find unreasonable the request for extension of the time limit or shall not be fulfilled with the program of execution within the prescribed period, cancel the provisional authorization and order the dissolution of the institution, after obtaining the opinion of the Higher Education Board.

TEACHING ACTIVITIES WITHOUT DEFINITIVE AUTHORIZATION

Art. 35. Institutions of higher education are prohibited from starting teaching activities without having been definitively authorized by the Ministry of Education, as well as the execution of new careers without prior approval.

The subjects to be provided and the certificates and academic titles awarded prior to the final authorisation, or a new career prior to their approval, shall not have any value, nor shall they be recognised or granted equivalences. about the same in no higher education institution in the country.

Students shall be entitled to compensation for the damages caused to them; without prejudice to the criminal liability incurred by the authorities of the institution.

DONOR ENTITIES

Art. 36. In order to meet their objectives and objectives, institutions of higher education, public or private, may receive goods in donations or legacies, whether natural or legal persons; however, this kind of act does not cause any the type of obligation for the beneficiary institution, rather than that of allocating the assets granted, to the uses determined by the donor or causing, as the case may be.

Section Fourth Operation of the Institutions of Higher Education

MINIMUM REQUIREMENTS

Art. 37. The minimum requirements for a higher education institution to maintain quality as such are the following:

a) Offering at least one technical or technological career, in the case of a technology institute; at least one career technical, scientific or humanistic professional, in the case of a specialized institute of higher level; and no less than five professional careers that homogeneously cover the scientific, humanistic and technical areas, in the case of a university.

b) Dispose of the appropriate curriculum, updated at least once in the term duration of the race and approved for the degrees they offer.

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c) Teachers must possess the academic degree offered and the specific knowledge of the matter which they impart. In exceptional cases, where there are no professionals in the specialty required, the Ministry of Education, with the favourable opinion of the Board of Higher Education, may authorize them to perform teaching, persons who do not have the degree of

d) To

out or maintain at least one relevant research project per year in the areas on offer; for which, they will have to have a budget allocated and may be supported by public and private resources. Research projects with a duration of more than one year shall report to the Ministry of Education the annual progress of these projects.

e) Dispose of the appropriate physical infrastructure, libraries, laboratories, fields of experimentation, appropriate practice centres, and other support resources necessary for the development of teaching, research and administrative activities, which ensure full compliance with their purposes.

f) Contar with a minimum ratio of a teacher for every forty students, be those hours class, part time or time whole. Within this minimum ratio, at least twenty-five percent will be full-time teachers, and must be distributed in all areas they offer; and,

g) Research projects and counseling for students will be

Ministry of Education will set up higher education institutions, in accordance with a Non-Presential Education Regulation and with the opinion of the Higher Education Council, requirements equivalent to the conditions referred to in this Article, where they apply non-face-to-face teaching methodology.

CHAPTER III PERSONAL

ACADEMIC STAFF

Art. 38. The academic staff of higher education institutions will be made up of the people in charge of teaching, research and social projection.

National or foreign teachers of higher education must have the same minimum the degree to which it is offered and the specific knowledge of the subject matter that they deliver.

ADMINISTRATIVE STAFF

Art. 39. Higher education institutions must have the staff needed

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to perform management, services and support to academic activities.

prejudice to the rules on escalations and any other rules which the institutions of higher education establish in their statutes and regulations, their relations with the academic and administrative staff shall be governed by the respective laws.

CHAPTER IV STUDENTS

RIGHTS AND DUTIES

Art. 40. Students of higher education enjoy all rights and are provided with the relevant services of academic, cultural, artistic and social order, and are subject to the obligations of this Law, the Statutes and Regulations. The institutions of higher education establish.

Students of higher education, of limited economic resources, will be able to enjoy programs of financial assistance provided by each institution or by the State, according to the requirements to be established in the regulations of this Law.

No student will be refuse admission on grounds of race, sex, nationality, religion, nature of the union of their parents or guarders, nor for social, economic or political differences.

Students enjoy the right to organize to defend your student rights.

CHAPTER V SURVEILLANCE, INSPECTION, RECORDS AND INFORMATION

SURVEILLANCE

Art. 41. The Ministry of Education is the entity responsible for ensuring compliance with this Law, for which it will create the corresponding Organizational Unit.

INSPECTION

Art. 42. The Ministry of Education, through the corresponding Organizational Unit, will carry out the inspections it deems necessary to verify compliance with this Law by higher education institutions.

REGISTRATION

Art. 43. The Ministry of Education shall keep records of the institutions of higher education existing in the country, their approved legal instruments, the authorities and officials thereof,

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its signatures and stamps, the authorized degrees and degrees awarded to graduates by the institutions.

INFORMATION

Art. 44. The Ministry of Education shall maintain an up-to-date system of information and statistics, for which it will require the institutions of higher education annually to provide the necessary information, related to aspects of academic quality, infrastructure, costs, income requirements, names of graduates in all races to be delivered and other characteristics deemed necessary. The information and statistics should have wide disclosure.

CHAPTER VI ASSESSMENT AND ACCREDITATION

ASSESSMENT

Art. 45. The Ministry of Education, in order to check the academic quality of higher education institutions or their careers, will develop evaluation processes, at least once every three years, for which they may contract the services of independent experts. The evaluation processes will have the opinion of the Board of Higher Education and the results will be widely disseminated.

ACCREDITATION

Art. 46. Create the Quality Accreditation Commission of Higher Education, as an entity attached to the Ministry of Education with the function of applying the accreditation system.

The Commission on Accreditation of Quality of Higher Education, be made up of academicians of notorious capacity and honesty, who will not represent any institution and will be appointed by mutual agreement, between the Ministry of Education and the Council of Higher Education, for a period of four years. The integration and functioning of the Commission and the accreditation standards will be regulated in the Special Accreditation Regulation.

QUALITY ACCREDITATION

Art. 47. Accreditation is the recognition of the academic quality of an institution of higher education and of its different careers, carried out by the Accreditation Commission. The higher education institutions or the careers that apply for it shall be accredited, subject to the assessment process and comply with the requirements laid down.

This quality statement shall be valid for at least five years, INCENTIVES

INCENTIVES

INCENTIVES

INCENTIVES

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Art. 48. Institutions of higher education, while maintaining the status of accredited, will enjoy the following incentives:

a) Create new careers or study programs, without prior authorization from the Ministry of Education, with the exception of of maestrias, doctorates, specialties and the provisions of Article 64 of this Law. The minimum value units laid down in this Law shall be respected in the creation of races. The institutions shall forward the study plans to the Ministry of Education for the purpose of registration prior to its implementation;

b) To receive priority grants or support from state programs, especially for the scientific research; and

c) Being exempted from the mandatory assessment processes.

d) INSTITUTIONS OF HIGHER EDUCATION THAT ARE AUTHORIZED BY THE MINISTRY OF EDUCATION TO IMPART THE MEGATEC MODEL, WILL ENJOY TRANSFER OF FUNDS FOR THOSE BENEFICIARIES OF THE SCHOLARSHIP PROGRAMME WHICH THE MINISTRY OF EDUCATION PROVIDE TO DRIVE TECHNICAL AND TECHNICAL EDUCATION. (2)

QUALITY SYSTEM

Art. 49. The Ministry of Education, with the favourable opinion of the Board of Higher Education, may establish a quality system that integrates the evaluation and accreditation processes, as determined by the Special Accreditation Regulation.

ENFORCEMENT

Art. 50. For effective compliance with the provisions set out in this Law, higher education institutions are required to allow inspections and evaluations by the Ministry of Education and to provide information and information to the Ministry of Education. required documentation.

CHAPTER VII OF THE TOP EDUCATION COUNCIL

COUNCIL CONSTITUTION

Art. 51. The Board of Higher Education is established as the advisory and pro-positive body of the Ministry of Education, for the maintenance and development of the quality of higher education.

The Board of Higher Education in the development of This Law may be referred to as the Council.

COUNCIL PRIVILEGES

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Art. 52. They are the powers of the Board of Higher Education:

a) Develop its rules of procedure in coordination with the Ministry of Education;

b) Dictate on the provisional and definitive authorization of institutions of higher education, and on the dissolution of the same;

c) Propose policies for the improvement of higher education before the Ministry of Education;

d) Support the Ministry of Education in the actions of inspection, evaluation and qualification of the institutions of higher education; and,

e) Emitir opinions and opinions that the Ministry of Education asks you.

INTEGRATION

Art. 53. THE HIGHER EDUCATION COUNCIL SHALL CONSIST OF:

(A) TWO REPRESENTATIVES OF THE MINISTRY OF EDUCATION.

b) A REPRESENTATIVE OF THE UNIVERSITY OF EL SALVADOR.

(c) TWO REPRESENTATIVES OF ACCREDITED PRIVATE UNIVERSITIES.

(d) A REPRESENTATIVE OF THE UNACCREDITED PRIVATE UNIVERSITIES.

E) A REPRESENTATIVE OF THE ACCREDITED HIGHER LEVEL SPECIALIZED INSTITUTES.

(f) A REPRESENTATIVE OF THE ACCREDITED TECHNOLOGICAL INSTITUTES.

G) A REPRESENTATIVE OF THE LEGALLY ESTABLISHED BUSINESS ASSOCIATIONS OF THE PRIVATE COMPANY.

H) A REPRESENTATIVE OF THE PROFESSIONAL ASSOCIATIONS OF PROFESSIONALS, LEGALLY ESTABLISHED.

THE MEMBERS REFERRED TO IN LITERALS (g) AND (h) OF THIS ARTICLE SHALL HAVE EXPERIENCE IN HIGHER EDUCATION. IN THE CASE OF LITERALS (c), (e), (f), (g) AND (h) REPRESENTATIVES SHALL BE REPLACED BY OTHERS, HOWEVER, NOT HAVING EXPIRED THEIR PERIOD, IN THE EVENT OF LOSING THEIR STATUS AS ACCREDITED, OR THE REPRESENTATION OF THE GUILD OR ASSOCIATION THEY REPRESENTED.

MEMBERS OF THE COUNCIL WILL LAST FIVE YEARS IN THEIR DUTIES, AND MAY BE APPOINTED OR RE-ELECTED ONLY FOR A FURTHER PERIOD, OR REMOVED FROM THEIR POSTS BY

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AUTHORITY THAT APPOINTED THEM OR BY THE SECTOR THAT ELECTED THEM, FOR JUSTIFIED CAUSE.

COUNCIL MEMBERS WILL CONTINUE TO PERFORM THEIR DUTIES EVEN WHEN THE PERIOD FOR WHICH THEY WERE APPOINTED OR ELECTED HAS ENDED, WHILE MEMBERS OF A NEW COUNCIL DO NOT TAKE UP THEIR POSTS.

NO COUNCIL RESOLUTION WILL BE ADOPTED WITH LESS THAN FIVE VOTES. MEMBERS OF THE COUNCIL MAY NOT INTERVENE OR KNOW IN MATTERS WHERE THEY HAVE ANY PERSONAL INTEREST OR ARE HELD BY COMPANIES OR LEGAL PERSONS OF WHICH THEY ARE MEMBERS, ADMINISTRATORS OR DIRECTORS, OR IN THOSE IN WHICH THEY HAVE AN INTEREST. YOUR SPOUSE OR SURVIVOR, RELATIVES WITHIN THE FOURTH DEGREE OF CONSANGUINITY OR SECOND DEGREE OF AFFINITY, OR BY ADOPTION. IN SUCH CASES, THE MEMBER CONCERNED MUST WITHDRAW FROM THE SITTING AS SOON AS THE MATTER IS DEALT WITH AND BE WITHDRAWN FROM IT UNTIL A DECISION IS REACHED.

ANY ACT OR RESOLUTION OF THE COUNCIL IN VIOLATION OF THE PROVISIONS OF THE FOREGOING PARAGRAPH SHALL MAKE THE MEMBER RESPONSIBLE, AND WHO HAS ATTENDED WITH HIS OR HER VOTE TO TAKE A DECISION, IN PERSONAL RESPONSIBILITY FOR THE DAMAGES WHICH THIS IS WITHOUT PREJUDICE TO THE DECLARATION THAT THE ACT OR RESOLUTION IS NULL AND VOID IF THE COMPUTATION OF THAT VOTE HAS DECIDED TO ADOPT THE RESOLUTION. THE WITHDRAWAL AND ITS CAUSES MUST BE RECORDED IN THE MINUTES OF THE SESSION. (2)

REQUIREMENTS

Art. 54. To be a member of the Board of Higher Education requires:

a) Being a Salvadoran;

b) Poseer at least the degree of Bachelor, Engineer and Architect; and,

c) Poseer extensive knowledge in higher education.

CHAPTER VIII PROCEDURES AND SANCTIONS

PROCEDURE

Art. 55. Any request made to the Ministry of Education or the Board of Higher Education, as relevant to it, on provisional or final authorization, approval of legal instruments and other matters referred to in this Law, shall be resolved in the maximum term of ninety days; except for the application for accreditation, which shall be resolved within the time limit determined by the relevant regulation.

If the bodies concerned do not issue their resolution in the term referred to above, the the application shall be approved in the sense requested by the requesting institution and may, if applicable,

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order the corresponding publication in the Official Journal or in a newspaper of greater circulation in the country.

PENALTY FOR START OF ACTIVITIES WITHOUT AUTHORIZATION

Art. 56. If an institution of higher education initiates teaching activities prior to its final authorization by the Ministry of Education, its provisional authorization will be cancelled and its dissolution ordered.

When an institution of education (a) higher promotion or start activities in a non-approved career, or establish regional centres without the authorization of the Ministry of Education, the immediate cessation of activities will be ordered, and each of the officials will be imposed responsible, a fine equivalent to, between one and thirty minimum monthly wages, according to the severity of the violation.

PENALTY FOR AGGRIEVED

Art. 57. Any person who has been wronged for the offence of an institution of higher education than the provisions of this Law and its regulations, may come before the Ministry of Education to make the corresponding complaint.

The Ministry of Education Education will hear for the third day the institution denounced and if it will deny the charges, it will open the case to evidence for the term of eight working days, within which both parties will have to allege and prove the ends of their claims.

The Ministry of Education shall issue a resolution, with the evidence it has obtained.

If the Ministry of Education, I find the complainant's claims justified, will order the institution to repair the damage caused to the student, and will impose on each of its officials responsible management, an equivalent fine, between one and thirty minimum monthly wages, in accordance with the seriousness of the infringement; without prejudice to the criminal liability, if any.

COMMON PROVISIONS TO THE PREVIOUS ARTICLES

Art. 58. The failure to pay the fines imposed in accordance with the previous Articles, within the period prescribed for this by the Ministry of Education, shall be the cause of suspension of the activities of the institution of higher education to which they belong. the guilty officials.

The certification of the resolution imposing the fines will have executive force.

SANTIONS

Art. 59. The violations of this Law and its regulations shall be sanctioned by the Ministry of Education, according to the seriousness of these violations, by:

a) Written private assembly;

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b) Public written assembly;

c) Suspension or cancellation of authorization to running of races;

d) Temporary suspension of authorization to function as an institution of higher education; and,

e) Cancellation of the institution's operating authorization.

SUSPENSION OR CANCELLATION

Art. 60. Where the suspension of the operation of an institution of higher education or any of its careers is suspended, its actions shall be limited to those essential acts to remedy the anomalies which have led to the suspension.

Where the cancellation of the operating authorisation of an institution of higher education, or of one of its careers, is to be cancelled, its actions shall be limited to the completion of the pending and necessary activities for the total completion of academic activities, and for the purpose of carrying out the dissolution and liquidation

state institutions of higher education may only be cancelled by an act of the same nature as the one that gave them their origin.

SANCTIONS ENFORCEMENT PROCEDURE

Art. 61. The procedure for imposing sanctions may be initiated by the Ministry of Education, provided that it has knowledge of the offence, or at the request of any interested party.

The Ministry of Education shall initiate the information and order to hear the alleged infringer for the term of three working days counted from the respective notification.

After the end of the hearing, having compared the offender, or in its default, the information shall be opened to tests for the term of eight working days. The evidence may be obtained ex officio and its assessment shall be subject to the rules of sound criticism.

The final probative term shall be concluded, within 15 working days the corresponding resolution shall be issued, which shall be notified to the interested.

RESOURCES

Art. 62. All decisions of the departments of the Ministry of Education pursuant to this Chapter shall be appealed, within three days of the day following the day of the notification, to the holder of the same.

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The resource in charge of the dispatch will be indicated by the office of the person day and hour for the appellant to attend Express your right. If the appellant claims to be open for evidence, the holder or who does his/her time shall grant it for the term of eight working days, within which the appellant shall be received and the relevant official shall be collected. The term of the hearing or, where applicable, the probative term, will dictate the resolution that corresponds to the right.

CHAPTER IX GENERAL AND TRANSITIONAL PROVISIONS

First General Provisions Section

CURRICULA AND PROGRAMS

Art. 63. The plans and programmes of study shall be drawn up by each institution of higher education, in accordance with its statutes, and in the case of private institutions, subject to approval by the Ministry of Education.

CURRICULA AND STUDY PROGRAMS FOR THE TEACHING CAREER

Art. 64. The study plans to form teachers and graduates in education sciences, for the exercise of teaching in the levels of parvulary, basic and other education, and others, to enable the exercise of teaching at these levels, will be determined by the Ministry of Education with the opinion of the Board of Higher Education.

The Ministry of Education will also determine, the academic requirements of teachers, the form of assessment, income requirements and the students ' discharge and the minimum requirements to be met by the institutions which

No higher education institution may offer the official training plans and programs referred to in this Article without the authorization of the Ministry of Education.

DISSOLUTION AND LIQUIDATION

Art. 65. Institutions of higher education will be dissolved by Legislative or Executive Decree, as they have been created.

The dissolution of private institutions of higher education will proceed voluntarily by agreement taken by its authorities in accordance with their statutes; or forced, by Executive Agreement, when ordered by the Ministry of Education, for failure to comply with the laws and regulations to which it is subject or for the manifest loss of quality academic, scientific research, social projection, dictated by the Ministry of Education, based on the results of the institutional evaluations.

In any case of dissolution, the institution's authorities will be responsible for the damages caused to its students. The forced dissolution of an institution of higher education

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may be ordered by the Ministry of Education; by complaint or on its own initiative, when inspections and evaluations, will result in the verification of any of the causes of cancellation indicated in this Law.

EXECUTION OF THE AGREEMENT

Art. 66. Received the Executive Agreement in which the dissolution and liquidation of the institution is ordered, the institution shall execute the resolution in that agreement, proceeding to the dissolution and liquidation thereof, by granting the instruments legal.

DISSOLUTION AND SETTLEMENT

Art. 67. Where the institution of higher education does not comply with the time-limits for dissolution and liquidation laid down in the cancellation agreement issued by the Ministry of Education, the latter shall, of its own motion, transmit such proceedings to the Prosecutor General of the Republic to promote relevant legal action.

LIQUIDATION EFFECTS

Art. 68. The institution of higher education in liquidation shall retain its legal personality only for the purposes of concluding its liquidation. During this period, the institution of higher education must add to its denomination the words "in liquidation".

LIQUIDATORS

Art. 69. The appointment of the liquidators, either on a voluntary or compulsory basis, may be made out of the persons who make up the institution's authorities, and a maximum period shall be established for the settlement, which shall be No case can exceed twelve months.

ATTRIBUTIONS

Art. 70. From the acceptance and swearing in of the office, the liquidators shall have the legal representation and administration of the institution of higher education and shall be personally responsible for the acts they carry out when they exceed their limits. charge.

The liquidators will have the following attributions:

a) Conclude the activities that have been left pending at the time of the cancellation;

b) Carry out the collections and the payment of credits by the institution of duly checked higher education;

c) Transposing the remaining assets to those who corresponds according to the Statutes;

d) Develop and communicate to the founders and sponsors of the institution of higher education, the Final Balance and register it in the Trade Register; and,

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e) Grant legal settlement instruments.

For the proper exercise of your function, the liquidators will have access to all books and documents of the institution of higher education.

REGULATIONS

Art. 71. The settlement shall be carried out in accordance with the rules laid down in the statutes. In any event, the founders will have the right to monitor the correct application of the procedure and the acts of the liquidators.

FINIQUITO

Art.72. In case of a higher education institution that has managed state funds, it will be necessary to count on the finiquito of the Court of Auditors of the Republic to approve the liquidation and the granting of public deed. settlement.

REMAINING ASSETS

Art. 73. When a higher education institution is wound up, the remainder of the goods shall be transferred to the persons or institutions which shall indicate the Statutes. For such purposes, the persons or institutions to whom the remaining assets shall be used shall be clearly entered, or the mechanism by which the designation and delivery shall be made; except for the Academic Register of the institution, which shall pass directly to the Ministry of Education, which shall be responsible for its custody.

The remaining assets of the institution of higher education may not be distributed in such a way as to represent a benefit direct or indirect economic to its founders.

NULLITY

Art. 74. Any provision or resolution that establishes that the wealth of the institution of higher education shall be distributed among its administrators and/or founders, in the event of liquidation, shall be null and void.

PUBLICATION IN THE OFFICIAL JOURNAL

Art. 75. The Agreements or Decrees of provisional or definitive authorization, of dissolution, approval of statutes, internal regulations and study programs of higher education institutions, shall be published in the Official Journal and shall enter into Eight days after publication.

Section Second Transitional Provisions, Rogatory and Vigency

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UNIVERSITY OF EL SALVADOR

Art. 76. The University of El Salvador will be governed by its Organic Law and other internal provisions, in all that is not contrary to this Law.

OTHER STATE INSTITUTIONS OF HIGHER EDUCATION

Art. 77. The other state higher education institutions will be governed by their existing statutes and regulations.

TRANSITIONAL REGIME

Art. 78. The private institutions of higher education that are legally authorized by the Ministry of Education to enter into force this law will have to adapt their statutes and other legal instruments, as required by this law, in the

The students who, upon entry into force of this Law, are developing their specific study plans, will be able to continue to do so until their conclusion without modification.

INSTITUTIONS IN THE AUTHORIZATION PROCESS

Art. 79. Natural or legal persons who, in accordance with this law, have pending applications for authorization for the creation of an institution of higher education, must adhere to the provisions of this law.

REGULATIONS

Art. 80. The General Regulation of this Law shall be issued by the President of the Republic, within ninety days of its validity.

REPEAL

Art. 81. Repeal the Higher Education Act, issued by Legislative Decree No. 522 dated November 30, 1995, published in Official Journal No. 236, Volume No. 329, dated December 20 of the same year, and any other provision, which

VALIDITY

Art. 82. This Law will enter into force eight days after its publication in the Official Journal.

GIVEN IN THE LEGISLATIVE PALACE: San Salvador, at the fourteen days of October of the year two thousand four.

Ciro Cruz Zepeda Peña, President.

José Manuel Melgar Henriquez, José Francisco Merino López,

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First Vice President Third Vice President.

Marta Lilian Coto Vda. de Cuellar, Elizardo González Lovo, First Secretary Third Secretary

Elvia Violeta Menjívar, Fourth Secretary.

CASA PRESIDENTIAL: San Salvador, at the twenty-nine days of October of the year two thousand four.

PUBESQUIESE,

ELIAS ANTONIO SACA GONZALEZ, PRESIDENT OF THE REPUBLIC.

DARLYN XIOMARA MEZA, MINISTER OF EDUCATION.

D. O. NO 216 TOMO NO 365 Date: 19 November 2004

REFORMS:

(1) D.L. Nº 600, 10 APRIL 2008; D.O. Nº 89, T. 379, 15 MAY 2008.

(2) D.L. Nº 672, JULY 3, 2008; D.O. No. 148, T. 380, AUGUST 12, 2008.

(3) D.L. No. 715, 13 MAY 2011; D.O. No. 107, T. 391, JUNE 9, 2011.

(4) D.L. No. 596, DECEMBER 18, 2013; D.O. No. 11, T. 402, JANUARY 20, 2014.

RELATED TRANSIENT PROVISIONS:

PROVISIONS THAT ALLOW PEOPLE WHO HOLD THE TITLE OF TECHNICIAN OR TECHNOLOGIST TO EXERCISE THEIR TEACHING. D.L. Nº 468, OF 16 SEPTEMBER 2010; D.O. NO. 192, T. 389, OCTOBER 14, 2010.

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ROM 29/05/08

CGC 22/08/08

JCH 29/10/10

NGCL 14/2/11

ROM 28/06/11

SV 25/02/14

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