DECREE issued by the Law of the National Institute for the Evaluation of Education.
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
ENRIQUE PEÑA NIETO, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:
THE LAW OF THE NATIONAL INSTITUTE FOR THE ASSESSMENT OF EDUCATION IS SET OUT.
Single Article.- The National Institute for Education Assessment Act is issued.
Item 1. This Law is a regulation of Article 3 (IX). of the Political Constitution of the United Mexican States; it is of general observance throughout the Republic and its provisions are of public order and social interest. It is for regular object:
I. The National System of Educational Evaluation, and
II. The National Institute for the Evaluation of Education.
Article 2. The observance and application of this Law shall be governed in accordance with the principles of independence, transparency, objectivity, relevance, diversity and inclusion.
For the purposes of the preceding paragraph and the interpretation of this Law, the right of students to receive quality education must be promoted, respected and guaranteed, based on the higher interest of the children, in accordance with Articles 1, 3 or 3. and 4. of the Political Constitution of the United Mexican States.
Article 3. The interpretation of this Law for administrative purposes corresponds to the National Institute for the Evaluation of Education in the field of its competence.
For the interpretation and enforcement of this Law, the compatible normative provisions contained in the General Law of Education and other ordinances shall be observed in an additional manner, as appropriate. in the matter, as well as the provisions of international treaties on the right to education celebrated by the Mexican State.
Article 4. Universities and other higher education institutions to which the law grants them autonomy, in accordance with the provisions of Article 3 (VII). of the Political Constitution of the United Mexican States, may sign agreements with the National Institute for the Evaluation of Education in the terms of this Law.
Article 5. For the purposes of this Law:
I. Educational Authorities, the Secretariat of Public Education of the Federal Public Administration, the corresponding states and the Federal District and the municipalities, as well as the decentralized agencies that issue acts of educational authority, in accordance with their respective competences;
II. School authorities, personnel carrying out management or supervision functions in the sectors, areas or schools;
III. Quality of Education, to the quality of an educational system that integrates the dimensions of relevance, relevance, equity, efficiency, effectiveness, impact and sufficiency;
IV. Conference, to the meeting for the exchange of information and experiences related to the evaluation of education;
V. Statute, to the Institute's Organic Statute;
VI. Institute, to the National Institute for the Evaluation of Education;
VII. Board, to the Board of Government of the Institute;
VIII. Law, to this order;
IX. Chairman, to the Board Chair;
X. Secretariat, to the Secretariat of Public Education of the Federal Public Administration;
XI. Professional Teaching Service, to the set of activities and mechanisms for the income, promotion, recognition and permanence in the educational public service that provides the State and the impetus to the continuous training, with the aim to ensure the suitability of the knowledge and skills of staff with teaching, management and supervisory roles in basic and upper secondary education, and
XII. National Education System, as constituted in terms of the provisions of Article 10 of the General Law of Education.
Article 6. The assessment referred to in this Act consists in the action of issuing value judgments that result from comparing the results of a measurement or observation of components, processes or Results of the National Educational System with a previously established reference.
Article 7. The evaluation of the National Educational System will have, among others, the following purposes:
I. Contribute to improving the Quality of Education;
II. Contribute to the formulation of educational policies and the design and implementation of the plans and programs that result from them;
III. To provide information on the degree of compliance with the improvement targets set by the Educational Authorities;
IV. Improve school management and educational processes, and
V. Promote the transparency and accountability of the National Education System.
Article 8. The evaluation of the National Educational System carried out by the Institute, as well as the evaluations that the Educational Authorities carry out in the field of their competence, will be systematic, comprehensive, mandatory and periodic. These evaluations shall take into account the demographic, social and economic contexts of the agents of the National Educational System, the human, material and financial resources or inputs destined for this and other conditions involved in the teaching-learning process.
Article 9. The assessment of the transit of students of one degree, level or educational type to another, certification of graduates, allocation of stimuli and decisions regarding persons or institutions In particular, based on the results of the assessment processes for recognition, they shall be the competence of the Educational Authorities in accordance with their powers.
From The National Educational Assessment System
The System Object, Purposes, and Integration National Educational Assessment
Article 10. The National System of Educational Evaluation is an organic and articulated set of institutions, processes, instruments, actions and other elements that contribute to the fulfillment of its aims, established in the Political Constitution of the United States of Mexico and this Law.
Article 11. The National System of Educational Evaluation aims to contribute to ensuring the quality of educational services provided by the State and individuals with authorization or with recognition of official validity of studies.
Article 12. These are the purposes of the National Educational Assessment System:
I. Establish the effective coordination of the Educational Authorities that integrate it and follow up the actions to be established for this purpose;
II. Formulate comprehensive, systematic and continuous policies, as well as educational evaluation programs and strategies;
III. To promote the congruence of the plans, programs and actions that the Educational Authorities undertake with the guidelines that, based on the results of the evaluation, issue the Institute;
IV. Analyze, systematize, administer and disseminate information that contributes to the evaluation of the components, processes and results of the National Educational System, and
V. Verify the degree of compliance with the objectives and goals of the National Educational System.
Article 13. The National Educational Assessment System is Constituted:
I. The Institute;
II. The Educational Authorities;
III. The Conference;
IV. The components, processes, and results of the assessment;
V. The educational parameters and indicators and relevant information that contribute to the fulfillment of the purposes of this Law;
VI. The guidelines and guidelines of the assessment;
VII. The procedures for disseminating the results of the evaluations;
VIII. The mechanisms, procedures and instruments of coordination for the functioning of the National Education Assessment System, and
IX. Other elements deemed relevant by the Institute.
Article 14. The coordination of the National Educational Assessment System is the Institute's competence.
The Institute will design and issue the general educational assessment guidelines to which the Educational Authorities will be subject to carry out the evaluation functions.
Article 15. Educational Authorities, in the field of their competence and in the terms of this Law, shall:
I. To promote the congruence of the plans, programs and actions that they undertake with the guidelines that, based on the results of the evaluation, issue the Institute;
II. Provide the Institute with the information necessary for the exercise of its functions;
III. Comply with the guidelines and address the guidelines issued by the Institute and report on the results of the evaluation;
IV. Collect, systematize and disseminate information derived from assessments that they carry out;
V. Propose to the Institute criteria for contextualization that guide the design and interpretation of evaluations;
VI. Make technical recommendations on the assessment instruments, their implementation and the use of their results;
VII. Take a view on the annual reports that the President gives, contributing elements to assess the level of achievement of the objectives set, and
VIII. Other provisions that are laid down in other regulatory provisions and which are necessary for the functioning of the National System of Educational Evaluation.
Article 16. The school authorities of educational institutions established by the State, by its decentralized agencies and by individuals with authorization or with recognition of validity In addition to those mentioned in the General Law on Education, they will have the following obligations:
I. Grant the Institute and educational authorities the facilities and collaboration for the assessment referred to in this Law;
II. Provide timely information as required;
III. Take measures to allow effective collaboration of students, teachers, managers and other participants in the evaluation processes, and
IV. To facilitate the carrying out of assessment activities by the educational authorities and the Institute for statistical and diagnostic purposes and to collect directly from the schools the information necessary to carry out the assessment.
Article 17. Under the National Education Assessment System, projects and actions to be carried out in the field of evaluation shall be carried out in accordance with a national policy of evaluation of education, so that they are relevant to the needs of improving the educational services offered to the different populations of the country. This policy will set:
I. The objects, methods, parameters, instruments and procedures of the assessment;
II. The guidelines derived from the results of the assessment processes;
III. Quantitative and qualitative indicators;
IV. The scope and consequences of the assessment;
V. The mechanisms for disseminating the results of the assessment;
VI. The distinction between the evaluation of persons, the institutions and the National Educational System as a whole;
VII. Actions to establish a culture of educational assessment, and
VIII. The other elements established by the Institute.
System Organization and Operation
National Educational Assessment
Article 18. The National Educational Evaluation System will have a conference whose purpose will be to exchange information and experiences regarding educational evaluation.
Article 19. The Conference shall be conducted by the President and shall consist of:
I. The members of the Board;
II. Up to four representatives of the Secretariat appointed by its holder; at least two of them shall be under-secretaries, and
III. The holders of the education secretariats or equivalent bodies of the federative entities to be determined by the Board on the basis of regional representation criteria.
The President may invite, upon agreement of the Board, the nature of the matters to be dealt with, representatives of public institutions and civil society organizations, as well as teachers. distinguished individuals and individuals who can present knowledge and experience on issues related to the assessment of education. Their participation will be of an honorary character.
Article 20. The Conference will be regular at least twice a year. The President may convene extraordinary sessions where he considers it necessary. The operation of the Conference shall be carried out in accordance with the provisions to be issued.
Article 21. The Conference shall have a Technical Secretary designated in accordance with the Staff Regulations.
From the National Institute for Education Assessment
Of Nature, Object and Attributions of the Institute
Article 22. The Institute is an autonomous public body, with its own legal personality and its own patrimony, as the Article IX of the article provides. 3o. of the Political Constitution of the United Mexican States. The Institute shall have full technical, management, budgetary autonomy and to determine its internal organisation.
Article 23. The Institute's heritage integrates with:
I. The resources allocated to you by the Chamber of Deputies through the federation's budget;
II. Movable and immovable property which is intended for or acquired for the purposes of its purposes;
III. Acquisitions, subsidies, donations and contributions, both in goods and securities, that come from the public, social and private sectors;
IV. The revenue it receives from the services it provides in terms of this Law to institutions and individuals in the social and private sectors, and to public, private and social bodies abroad, which, in the framework of instruments or collaboration agreements, request their services;
V. National or international funds, public or private, obtained for the financing of the Institute's programs and activities, and
VI. In general all income and rights that are susceptible to pecuniary estimation, obtained by any legal means.
The income that the Institute receives, including those earned for services, will not affect the principles of independence, objectivity and other principles that the Political Constitution of the United States of Mexico and other (a) provisions on educational matters, nor alter the normal development of their activities. Your exercise will be subject to the provisions of the Federal Budget and Accountability Act.
Article 24. The Institute shall be governed for its organization, operation and control, by the relevant constitutional provisions, those of this Law, those of the Statute and other applicable provisions.
Article 25. The Institute will aim to coordinate the National Educational Assessment System, as well as evaluate the quality, performance and results of the National Educational System in what is refers to basic education and higher education, both public and private, in all its modalities and services.
The Institute will also design and perform measurements and evaluations that correspond to components, processes or results of the National Educational System regarding the attributes of learners, teachers and School authorities, as well as the characteristics of educational institutions, policies and programmes.
Article 26. In the exercise of its powers, the Institute shall be governed by the principles laid down in Article 2 of this Law, as well as by the technical criteria of objectivity, validity and reliability.
The Institute should regularly update the criteria, guidelines and concepts it establishes in the field of education evaluation. The Board shall determine the periodicity and take into account scientific and technical progress in education and its assessment.
Article 27. For compliance with the object provided for in Article 25 of this Law, the Institute shall have the following privileges:
I. Serve as an authority in the field of education assessment at national level;
II. Coordinate the National Education Assessment System;
III. To contribute to the evaluation of teacher training, updating, training and professional improvement processes;
IV. Design, implement and maintain an updated system of educational indicators and evaluation results information;
V. Establish mechanisms for dialogue with educational authorities and in their school case, to analyze the scope and implications of the results of the evaluations, as well as the guidelines that are derived from them;
VI. To formulate, in coordination with the Educational Authorities, a national policy of evaluation of education aimed at improving the quality of the National Educational System;
VII. Issue the guidelines to which the Educational Authorities will be subject to carry out the assessment functions that correspond to them;
VIII. Generate, collect, analyze and disseminate information that will serve as a basis for the evaluation of the National Educational System and, based on it, issue guidelines that are relevant to contribute to decisions aimed at improving the quality of education and its equity;
IX. Design and implement evaluations that will help to improve the quality of education of learners, with special attention to the various regional groups, cultural and linguistic minorities and those with some kind of disability;
X. Ask the Educational Authorities for the information it requires to comply with the purpose, purpose and purposes of this Law;
XI. To conclude legal acts to formalize participation, collaboration and coordination in the field of educational evaluation with the Educational Authorities, as well as with entities and organizations from the public, social and private sectors, nationals as foreigners;
XII. Auxiliary, through technical advice, to other institutions or agencies, in the design and implementation of the evaluations they carry out, to strengthen the reliability of their processes, instruments and results;
XIII. Advise and, where appropriate, supervise the design and implementation of measuring instruments for the evaluations of the components, processes or results of the National Educational System carried out by the Educational Authorities, in the framework of their attributions and competencies;
XIV. Carry out and promote studies and research aimed at the theoretical, methodological and technical development of the educational evaluation, as well as the use of the results;
XV. Participate in international education assessment projects that are agreed with the education authorities or competent authorities;
XVI. To promote and promote a culture of evaluation among the different educational actors, as well as among different social sectors, to the effect that the guidelines issued by the Institute, after evaluation of education, are used as a tool for making improvement decisions, from the scope of the education system, in the types, levels and modes of education, schools and the classroom;
XVII. To promote and contribute to the training of specialists in various fields of education evaluation. Also, perform the training actions that are required to carry out the projects and evaluation actions of the Institute and in its case of the System, and
XVIII. The others that correspond to it in accordance with this Law and other applicable provisions.
Article 28. In the field of Teaching Professional Service, for the basic and higher education that the State provides, the Institute has the following powers:
I. Define the assessment processes referred to in this Law and other applicable provisions;
II. Define, in coordination with the competent Educational Authorities, the annual and medium-term programmes, in accordance with which the evaluation processes referred to in the General Law of the Professional Service will be carried out Teacher;
III. To issue the guidelines to which the Educational Authorities will be subject, as well as the decentralized agencies that provide higher education, to carry out the evaluation functions that correspond to the income, the promotion, recognition and permanence in the professional teaching service in compulsory education, in the following aspects:
a) The assessment for the entry to the teaching service, as well as for the promotion to positions with functions of management and supervision, by means of competitions opposition to ensure the suitability of the relevant knowledge and skills;
b) The assessment of the performance of those exercising teaching, managerial or supervisory functions, determining the Institute itself the minimum levels for the performance of these activities;
c) The attributes, obligations and activities of those involved in the different phases of the processes of this assessment and the selection and training of the same;
d) The requirements and procedures for certification of evaluators;
e) The selection, after evaluation, of teachers who will temporarily perform in pedagogical technical roles;
f) The dissemination of income assessment results, promotion, recognition and permanence in the professional teaching service, and
g) The participation of observers from public institutions and civil society organizations in the process of implementing the instruments of the opposition contests for income and promotion;
IV. Authorize the parameters and indicators for income, promotion, recognition and permanence, as well as the stages, aspects and methods of assessment required;
V. Advise the Education Authorities in formulating their proposals to keep the parameters and performance indicators up to date for teachers, managers and supervisors;
VI. Supervise the evaluation processes and the issuance of the expected results in the professional teaching service;
VII. To validate the suitability of the parameters and indicators, in accordance with the profiles approved by the Educational Authorities, in relation to the corresponding function in basic and upper secondary education, for different types of environments;
VIII. Approve the elements, methods, stages, and instruments to carry out the evaluation in the Teaching Professional Service;
IX. Approve the components of the evaluation of the program referred to in Article 37 of the General Law of the Teaching Professional Service, and
X. The others that correspond to you under this Law and other applicable provisions.
Article 29. The guidelines, guidelines and policies on educational evaluation issued by the Institute shall be updated on a regular basis in accordance with the criteria to be determined by the Institute. Board.
From Government, Organization, and Operation
Article 30. The Institute consists of:
I. The Board;
II. The Presidency;
III. The administrative units to be set out in the Staff;
IV. The collegiate bodies, and
V. The Internal Comptroller.
Article 31. The Board is the top management body of the Institute. It shall be composed of five members, known as members, who shall have the capacity and experience of the Institute's competence.
Article 32. In the event of an absolute lack of a Counselor, the Federal Executive will submit a terna to the House of Senators, which, with the prior appearance of the proposed persons, designate the member to fill the vacancy. The appointment shall be made by the vote of two-thirds of the members of the Chamber of Senators present or, during the recesses of the latter, of the Permanent Commission, within the unextended period of thirty days. If the Chamber of Senators does not resolve within that period, it shall be the member of the Board of Government who, within that term, designates the Federal Executive.
In case the Chamber of Senators rejects the entire proposed terna, the Federal Executive will submit a new one, in the terms of the previous paragraph. If this second term is rejected, the person within that third party shall be appointed by the Federal Executive.
Article 33. The designation of Board members shall be placed on persons who meet the following requirements:
I. Be a Mexican citizen and be in exercise of his civil and political rights;
II. Be thirty-five years old at the time of your application;
III. Hold professional title;
IV. Be professionals with a minimum experience of ten years in matters related to education, assessment, social sciences or related areas, as well as having teaching experience in any type and educational level;
V. Not having been Secretary of State, or Deputy Secretary of State, Attorney General of the Republic, or Attorney General of any federal entity, senator, federal or local deputy, leader of a political party or association, religious or union, municipal president, governor of any state or Head of Government of the Federal District, during the three years prior to the day of his application, and
VI. Have not been sentenced, by firm resolution, for criminal offence or disallowed to perform a job, office or commission in the public service, or removed from any public or private sector charge for any cause involving liability in accordance with the provisions of the Federal Law on Administrative Responsibilities of Public Servants or other applicable provisions.
Article 34. Board members will perform their assignment for seven-year periods in a staggered manner and may be re-elected for a single occasion. The members may not last for more than fourteen years.
In case of an absolute lack of any of them, whoever replaces it shall be appointed in the same terms of Article 32 of this Law, and the respective appointment shall be only to conclude the period which corresponds.
Article 35. Members of the Board may only be removed for serious cause under the terms of Title IV of the Political Constitution of the United Mexican States, and shall not be able to perform no other employment, position or commission, with the exception of those acting on behalf of the Institute and of the non-remunerated in teaching, scientific, cultural or charitable activities.
Article 36. The Board members will perform their role with autonomy and probity. They may not use the confidential or confidential information at their disposal as a result of their duties, except for the strict exercise of their duties, or disclose it by any means.
Article 37. The members of the Board, by majority vote of three of its members, will appoint who will serve as President, who will serve for a period of no more than three years, without possibility of reelecting. The temporary absence of the President shall be provided by the member whom the Board determines.
The remuneration and benefits received by the members of the Board for the performance of their duties shall be equivalent to those received by the undersecretaries of the Federal Public Administration. The President shall have a remuneration of 7% greater than that corresponding to the other members. This provision will be made subject to the limits of the tabulators of perceptions established by the Chamber of Deputies, when approving the budget of the federation for the corresponding fiscal year.
Article 38. They are Board attributions:
I. To issue, on a proposal from the President, the Staff Regulations, the organisation and procedure manuals, as well as the other general implementing rules necessary for the operation and operation of the Institute;
II. Appoint, on a proposal from the President, the Technical Secretary, who will also serve as the Secretary of the Conference;
III. Approve, on a proposal from the President, the Institute's budget;
IV. Approve, on a proposal from the President, the Institute's annual and medium-term programs, as well as the objectives, projects, goals and actions of the administrative units and to know the performance reports of these;
V. Approve projects and actions for the implementation of the Institute's object and for collaboration and coordination with the Educational Authorities;
VI. Approve the instruments, guidelines, guidelines, criteria and other measures and legal acts referred to in this Law;
VII. Establish mechanisms for the coordination and functioning of the National Education Assessment System;
VIII. Set up dialogue mechanisms with Educational Authorities to analyze the scope and implications of the results of the evaluations, as well as the guidelines that are derived from them;
IX. Establish the criteria to process, interpret and disseminate in a timely and transparent manner the information obtained from the assessment processes;
X. Approve measurement and evaluation projects that correspond to components, processes or results of the National Educational System, in the field of their competence;
XI. To determine and approve the content of the annual report on the management of the Institute, which shall be presented with the information for the financial year;
XII. Determine and approve the content of the annual report on the status of the components, processes and results of the National Educational System;
XIII. Approve the bases to establish the necessary links to formalize participation, collaboration and coordination in the field of educational evaluation with the Educational Authorities, academic and research institutions, organizations national and foreign, as well as with international bodies;
XIV. To know and, where appropriate, to approve the annual report and evaluation which, with respect to its management, is given by its President to the Education Committees of the Chambers of Deputies and Senators;
XV. Approve the legal acts of coordination and collaboration referred to in this Law;
XVI. Designate, on a proposal from the President, the holders of the administrative units provided for in the Staff Regulations, as well as the Internal Comptroller's Office;
XVII. Approve policies and standards for the administration of the Institute's human, financial and material resources, in accordance with the provisions of the Federal Budget and Accountability Act;
XVIII. To de-choke matters related to the application of this Law, which will be subject to its consideration by its members;
XIX. To know and approve, where appropriate, the financial statements in respect of the fiscal year of the Institute; to authorize its publication, as well as the opinion of the Internal Controller;
XX. To issue the rules and procedures for the regulation of the professional service within the Institute;
XXI. Declare the nullity of the processes and the results of the evaluations that are not subject to the guidelines issued by the Institute, after hearing that the Educational Authority is granted the responsibility to express what is right, and
XXII. The others who trust this Law and other applicable provisions.
Article 39. The resolutions of the Board shall be taken collectively by a majority of votes. In the event of a tie, the President shall have a vote of quality.
The Statute will establish rules for the functioning of the Board.
Article 40. The agreements resulting from the meetings of the Board shall be made of the public domain within a period not exceeding 72 hours through any electronic or virtual means of communication, with the the exception of those which are defined as being subject to the nature of the information or data contained therein.
Article 41. The Board will have a Technical Secretary who will be appointed by the Board, on the proposal of its President, who will assist in a voice but without a vote, to the sessions; its functions will be established in the Staff Regulations.
Article 42. The Board will be regular and extraordinary. Ordinary sessions shall be held at least once a month. The Chair shall propose to the Board the calendar of ordinary sessions and may convene an extraordinary session when deemed necessary or at the request of at least three of its members.
In order for the Board to meet, it is necessary for the majority of its members to be present. In the absence of the President, the attending members will elect who will chair the sessions.
Article 43. The Board may agree to the assistance of public servants of the Institute that it considers relevant in the light of the nature of its affairs, so that it may be held directly to the information that ask them, as well as invite specialists or representatives of academic or research institutions when the topics so require.
Those who attend the meetings of the Board with the character of guests shall be kept confidential in respect of the matters dealt with in them, except express authorization of that to do some communication. This obligation shall be made to the knowledge of the guests before the beginning of the relevant session.
Article 44. Corresponds to the President the following powers:
I. To be in charge of the Institute's administration;
II. Legally represent the Institute and grant, substitute and revoke powers for litigation and collection, in accordance with applicable provisions and prior authorization of the Board;
III. Convene and conduct Board sessions, as well as abide by and enforce the Board's agreements;
IV. Convene and conduct the Conference sessions;
V. To conclude the legal acts which are necessary for the collaboration and coordination with the Educational Authorities or other natural or moral persons subject to the agreement of the Board;
VI. Submit to the Board, for approval, the Staff Regulations, the organisation and procedure manuals, as well as the other general implementing rules necessary for the operation and operation of the Institute;
VII. Propose to the Board, for its designation, the holders of the administrative units provided for in the Statute and the Internal Comptroller's Office;
VIII. Propose to the Board, for approval, the Institute's annual and medium-term programs, as well as the objectives, programs, goals and actions of the Institute's administrative units and the performance reports of the Institute;
IX. Prepare and submit to the Board for approval, the Institute's draft budget;
X. Send to the Federal Executive the budget of the Institute approved by the Board, in the terms of the law of the matter;
XI. Coordinate the integration of the annual report on the status of the components, processes and results of the National Education System;
XII. Submit to the Congress of the Union, the Conference and the society in general, the annual report referred to in the previous section, approved by the Board;
XIII. Submit annually to the Board, within sixty days of the completion of the fiscal year, a report on the management and financial statements of the Institute;
XIV. Receive from the Comptroller Internal the reports of the reviews and audits that are carried out to verify the correct and legal application of the resources and assets of the Institute, as well as to make them of the knowledge to the Board, and
XV. Any other resulting from this Act, the Statute and other applicable provisions.
Article 45. The members of the Board shall have the powers deriving from the privileges conferred upon it, in terms of this Law, as well as:
I. Attend the Board's sessions with the right to voice and vote;
II. Follow up on updating and complying with the regulatory provisions governing the Institute, and
III. Other provisions to be laid down in other applicable provisions.
Article 46. The Institute shall have the administrative units provided for in the Staff Regulations, whose organizational structure, powers and functions shall be established therein.
You will also be able to form collegial organs composed of specialists in the fields of the Institute's competence, which will serve as instances of counseling and consultation.
Of Guidelines and Guidelines
Article 47. The Institute will issue guidelines to which federal and local educational authorities will be subject to carry out the evaluation functions that correspond to them.
The Institute will issue guidelines that are relevant to contributing to decisions to improve the quality of education and its equity, as an essential factor in the pursuit of social equality.
Article 48. The guidelines and guidelines issued by the Institute will be made public knowledge.
Article 49. The guidelines issued by the Institute in the field of educational evaluation will be mandatory for Education Authorities. Your failure to comply will be sanctioned in terms of Title IV of the Mexican Constitution and other applicable provisions.
The evaluation processes carried out by the Educational Authorities in contravention of the guidelines issued by the Institute shall be null and void.
Article 50. The guidelines issued by the Institute will be made out of the knowledge of relevant educational authorities and institutions for their attention.
Article 51. The authorities and educational institutions shall make public their response in relation to the Institute's guidelines, no longer than 60 calendar days.
Of Collaboration and Coordination Mechanisms
Article 52. The Institute shall coordinate with the Educational Authorities in order to ensure that the information they generate in the performance of their evaluation functions, in their respective competencies, is register in the National System of Educational Evaluation, in accordance with the agreements that the Institute has to do with the Institute.
Article 53. In the exercise of its powers, the Institute shall hold the necessary legal acts with the Educational Authorities, as well as with academic and research institutions, national or foreign, governmental, non-governmental and international organisations, related to the assessment of education.
Article 54. In the legal acts that the effect will be signed, mechanisms and actions will be established to allow effective collaboration and coordination between the Institute, the authorities of the different government orders, teachers and relevant education assessment organisations.
Article 55. The Institute will promote strategies for the effective exchange of information and experiences with the Educational Authorities that can feed back the education that they corresponds, in order to generate good practices in the assessment they carry out.
From Public Information
Article 56. National Educational Assessment System information is considered to be any written, visual or database source available to the Institute for compliance with the This Act.
Article 57. All information related to the National System of Educational Evaluation will be subject to federal provisions on public information, transparency and data protection. personal.
Article 58. The Institute shall ensure access to information in possession, in accordance with applicable provisions on transparency and access to public information.
Article 59. Information containing data the dissemination of which puts educational assessment instruments at risk, such as the reagents used in the instruments of the instrument, shall be considered to be reserved. measurement, as long as they are not released by the Institute or other national and international bodies.
From Surveillance, Transparency and Accountability
Article 60. The Internal Comptroller's Office is the control, surveillance, audit and audit body of the Institute's activities, as well as investigation and complaint to the competent authorities of the the alleged administrative misconduct or facts which may constitute offences committed by the members of the managerial, technical, academic or administrative staff.
Article 61. Internal Controller powers:
I. Monitor that the Institute's expenditures and expenditures are in accordance with the approved budget and are exercised in terms of the applicable regulations;
II. Monitor and monitor that the Institute's public servants comply with the rules and regulations in administrative matters, in systems of registration and accounting, hiring and payment of personnel, contracting of services and acquisitions;
III. Perform performance audits, which will evaluate the outcome of the work plan and the achievement of the objectives and goals approved by the Board;
IV. Practice financial economic audits, which will include the examination of transactions, transactions and financial records, to determine whether the information produced in this respect is reliable and timely;
V. Promote and suggest in the field of their competence, the implementation of measures or programmes that contribute to the improvement, speed or modernization of those processes, systems or procedures of an administrative nature that allow a more efficient flow of budgetary resources, as well as an administration of human, material and technical resources;
VI. Receive and respond to complaints and complaints against the Institute's public servants, arising from non-conformities in the field of acquisitions, as well as to carry out the corresponding procedures, taking them in their case, to the Audit Office Superior of the Federation for the purposes to which there is a place, and must inform the Board of conduct;
VII. Receive and record the property declarations to be submitted by the public servants of the Institute; as well as, verify and practice the investigations that are relevant in accordance with the Federal Law of Responsibilities Administrative of Public Servants and applicable regulatory provisions, and
VIII. The others to be entrusted with the applicable provisions.
Article 62. The Board shall observe in the designation of the Internal Controller that it meets the criteria of probity, experience, capacity and impartiality, in accordance with the provisions laid down in the Staff Regulations.
Article 63. The Institute shall submit annually, in April, to the Congress of the Union:
I. The report on the state that will save components, processes and results of the National Educational System derived from the evaluations.
This report should be made public knowledge, subject to the provisions to be issued by the Institute itself.
II. A written report of the activities and the exercise of the previous year's expense, including the relevant observations that, if any, have been formulated by the Internal Controller.
The provisions of this article will be without prejudice to the data and reports that the Institute must provide in terms of the Federal Law on Budget and Accountability, of the Law of Taxation and Accountability of the Federation and other applicable provisions.
From The Labor Regime
Article 64. Staff who provide their services to the Institute shall be governed by the provisions of Article 123 (B) of the Political Constitution of the United Mexican States and the Law of the United States of America. Federal of the Workers to the State Service. Such staff shall be incorporated into the system of the Institute for Social Security and Social Services of State Workers.
Of Administrative Responsibilities and Faults
Article 65. It shall be the administrative responsibility of the public servants for failure to comply with the obligations laid down in this Law:
I. Refuse to provide, hide, alter, destroy, destroy, or perform any act or omission to prevent evaluation processes;
II. Failure to comply with the guidelines referred to in this Law, or not to respond to the attention given to the guidelines issued by the Institute in the field of educational assessment;
III. Reveal sensitive data;
IV. Failure to comply with the information reserve, where due to security reasons it has been declared as a disclosure restricted by the Board;
V. Deliberate participation in any act or omission that hinders the development of assessment processes;
VI. To prevent, without justification, the free exercise of data access and rectification rights by informants, and
VII. Prevent public access to information that you are entitled to.
The liability referred to in this article or any other derivative of the breach of the obligations laid down in this Law shall be sanctioned in the terms of the liability laws. administrative of the applicable public servers.
Article 66. The administrative responsibilities generated by the non-compliance with the obligations referred to in the previous article are independent of those of the civil or criminal order.
From Social Participation
Article 67. To facilitate the active and balanced participation of the actors in the educational process and in the social, public and private sectors, the Institute will establish a Social Consultative Council Evaluation of Education. Its organisation and operation shall be subject to the provisions laid down in the Staff Regulations.
Article 68. The function of the Social Advisory Board of Education Evaluation is to know, to review and to follow up the results of the evaluations carried out by the Institute, the guidelines that of them, as well as to the actions of their dissemination.
First. This Law shall enter into force the day after its publication in the Official Journal of the Federation.
Second. All statutory and regulatory provisions that are opposed to this Act are repealed.
Third.- The material and financial resources, as well as the workers assigned to the decentralized agency, National Institute for the Evaluation of Education, become part of the body Autonomous public created by the Decree for which Articles 3o are amended. in its fractions III, VII and VIII; and 73, fraction XXV, and a third paragraph is added, a point (d) to the second paragraph of the second part of the second subparagraph and a fraction IX to Article 3o. of the Political Constitution of the United Mexican States.
Fourth. Staff who provide their services at the Institute upon the entry into force of this Law shall retain their rights in the new body created by this law.
Fifth. The Board shall issue the Staff Regulations within a period of not more than ninety days from the entry into force of this Law. As long as the Staff Regulations are issued, the rules in force shall continue to apply, in so far as they do not object to this Law.
Sixth. The initial guidelines to which the Educational Authorities will be subject to carry out the evaluation functions that correspond to them within the process, must be issued by the Institute within a period of not more than 120 days from the entry into force of this Law. Thereafter, the issuing of guidelines shall be carried out in accordance with the programming established by the Institute in coordination with the Secretariat and the educational authorities, where appropriate.
Seventh. In the event that there are cases that are pending or pending resolution in the Internal Control Body of the National Institute for the Evaluation of Education to the date of entry into force of this Law, they must be concluded by the Internal Comptroller of the Institute, applying the provisions of the Federal Law on Administrative Responsibilities of Public Servants and other applicable legal systems.
The assessment processes that have previously initiated the entry into force of this Law will be concluded on the terms approved by the Board.
Eighth. The contracts and agreements that the National Institute for the Evaluation of Education has subscribed to before the entry into force of this Law, under the figure of a decentralized agency, They will understand how they refer to the Institute, now under the figure of an autonomous public body.
Ninth. The National Education Assessment System Conference will be installed and held for the first time in no longer than 60 days from the entry into force of the Statute.
Tenth. The reports referred to in Article 44, fractions XII and XIII, of this Law shall be rendered from the year 2014 and the first of them shall comprise the corresponding period between the months of May and December 2013.
Tenth First. Within a period of no more than 30 calendar days counted from the day of the publication of this Law, the Institute's Internal Comptroller shall be integrated and shall be appointed to its holder.
Tenth Second. The educational authorities of the states and the Federal District, in the field of their competence, must issue or reform the necessary regulations to comply with the law. This Law shall not be longer than six months from its entry into force.
The references that the legal provisions make to the National Institute for the Evaluation of Education, a decentralized body, will be understood as references to the Institute.
Tenth Third. The work projects and administrative actions that the National Institute for the Evaluation of Education has initiated prior to the entry into force of this Law, will follow their normal course to completion.
Mexico, D. F., as at 23 August 2013.-Dip. Francisco Arroyo Vieyra, President.-Sen. Ernesto Cordero Arroyo, President.-Dip. Javier Orozco Gómez, Secretary.-Sen. Maria Elena Barrera Tapia, Secretary.-Rubicas."
In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, ten days in the month of September of two thousand thirteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.