Physical Infrastructure-General Education Act

Original Language Title: Ley General de la Infraestructura Física Educativa

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General Law of Educational Physical Infrastructure

GENERAL LAW OF EDUCATIONAL PHYSICAL INFRASTRUCTURE

Official Journal of the Federation on February 1, 2008

Latest reform published in the DOF on May 7, 2014

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

THE GENERAL LAW OF THE PHYSICAL EDUCATION INFRASTRUCTURE IS TO BE.

UNICO ARTICLE.- The General Law of Educational Physical Infrastructure is issued, to remain as follows:

General Law of Educational Physical Infrastructure

Chapter I

General provisions

Article 1. This law is of general observance throughout the republic, and its provisions are of public order and social interest.

Article 2. The purpose of the law is to regulate the physical educational infrastructure at the service of the national education system, establishing the general guidelines for:

I. The construction, equipment, maintenance, rehabilitation, reinforcement, reconstruction and enablement of buildings and facilities for the service of the national education system;

II. The creation of programs in the areas of certification, assessment and training, within the lines comprising constructive processes, administration of programmes, innovation in public management, human development, information technology and technical advice in the area of projects, expertise, technical diagnostics and related services;

III. The generation of planning processes, so that resources are applied more pertinence;

IV. The creation of mechanisms to prevent and respond to contingencies arising from natural disasters in the physical educational infrastructure national, and

V. The coordination of actions that encourage the optimization of resources, the approval of processes in the cases, as well as the participation and the joint decision-making of the public institutions of the country and the different orders of government, federal, state, Federal District and municipal, in addition to the sectors of society.

Article 3. For the purposes of this law:

I. Certification: The procedure by which a product, process, system or service is ensured to conform to the provisions of this law and its rules.

II. Certificate: The document issued by the state agencies responsible for the physical educational infrastructure and, where appropriate, the Institute by which notes that the INFE complies with the established specifications.

III. Director-General: The holder of the National Institute of Educational Physical Infrastructure;

IV. INFE: Educational Physical Infrastructure;

V. Institute: The National Institute for Educational Physical Infrastructure;

VI. Governing Board: The governing board of the National Institute of Educational Physical Infrastructure;

Article 4. For educational physical infrastructure, furniture and buildings intended for education provided by the State and individuals with authorisation or with recognition of official validity of studies, in the framework of the national education system, in terms of the General Law of Education, as well as the services and facilities necessary for its proper operation.

Article 5. The enforcement and monitoring of compliance with this Law is the responsibility of the authorities in the field of educational physical infrastructure of the federation, the states, municipalities and the Federal District, within the scope of their respective constitutional powers and those mentioned in the General Law of Education.

Are authorities in the field of physical education infrastructure:

I. The head of the Federal Executive;

II. The holder of the Public Education Secretariat;

III. The Director General of the institute;

IV. The headlines of the states and Federal District executives;

V. The holders of education secretariats and their equivalents in federal entities;

VI. The holders of the bodies responsible for the educational physical infrastructure of the federal entities; and

VII. Municipal presidents and the Federal District delegates.

These authorities will need to coordinate through the appropriate legal mechanisms to meet the objectives of this Law.

Article 6. For compliance with this Law, the provisions of the international treaties signed by the Federal Executive and ratified by the Federal Government by the Senate of the Republic, the General Law of Education, the Federal Law of Persons with Disabilities, the General Law of National Goods, the Federal Law on Monuments and Archaeological, Artistic and Historical Zones, the Federal Law of Administrative Responsibilities of Public Servants, as well as those that are relate to the subject matter of public works, acquisitions, leases and services related to the same and other applicable legal provisions.

Universities and other autonomous higher education institutions referred to in Article 3 (VII). of the Political Constitution of the United Mexican States will be regulated in the matter of educational physical infrastructure by its governing bodies and its internal normativity. They may also enter into agreements with the Institute under the terms of this law.

Chapter II

Quality of Educational Physical Infrastructure

Article 7. The country's educational physical infrastructure must meet quality, safety, functionality, opportunity, equity, sustainability, and sustainability requirements. relevance and sufficient supply of drinking water for human consumption, in accordance with the educational policy determined by the State-Federation, States, Federal District and municipalities-based on the provisions of Article 3o. constitutional; the General Education Law; state education laws and the Federal District; the National Development Plan; the Sectoral Program; state and Federal District educational programs, as well as development programs. regional.

The authorities in the field will promote the participation of social sectors in order to optimize and improve the quality of the INFE, in the terms that this law and its rules.

Article 8. When performing construction, equipment, maintenance, rehabilitation, reinforcement, reconstruction, and enablement activities of public INFE or The general guidelines issued by the Institute, the regulation of this law, and the regulations on works are to be complied with.

Article 9. In order for educational services to be provided in a building, licences, operating notices and, where appropriate, the certificate must be obtained, to ensure compliance with the requirements of construction, structure, specific conditions or equipment that are mandatory for each type of work, in the terms and conditions of municipal, state and federal regulations applicable.

With regard to education provided by individuals with authorisation or with recognition of official validity of studies, compliance with the requirements of this Directive must be demonstrated. the infrastructure obligations referred to in Articles 55, Part II and 59 of the General Law on Education.

Users of educational services may request documents that prove that the INFE complies with the technical quality elements.

Article 10. The authorities in the field will establish actions to address the groups and regions with the greatest educational lag according to state parameters and national, by creating compensatory programmes to extend the coverage and quality of the physical educational infrastructure.

Article 11. In the planning of programs and projects for construction, equipment, maintenance, rehabilitation, reinforcement, reconstruction and The provisions of the General Law for the Inclusion of Persons with Disabilities and the laws in the field of federal entities shall be complied with. It will also guarantee the existence of sufficient drinking water and the continuous supply of drinking water in each school building according to the guidelines issued by the Health Secretariat in coordination with the Ministry of Public Education. Attention will be paid to the needs of indigenous communities and communities with limited population or dispersed, will ensure the application of sustainable systems and technologies, and take into account climate and climate conditions. probability of contingencies caused by natural, technological or human disasters, seeking to satisfy the individual and social needs of the population.

Article 12. The authorities in the field, in the field of their respective competencies, must develop the financial and administrative planning that contributes to the to optimize the resources of the INFE, making the necessary forecasts so that the economic resources allocated to the educational infrastructure are priority, sufficient, timely and increasing in real terms according to the Budget availability, which should be fiscal, budgetary, administrative and legal conditions to facilitate and encourage investment in the field.

Also, they will promote mechanisms to access alternative sources of financing as established by the regulation of this Law.

Chapter III

From Educational Physical Infrastructure Certification

Article 13. The certification of the quality of the INFE will be carried out by the Institute and the federative entities, through its agencies responsible for the educational physical infrastructure, in accordance with the guidelines of this Law.

Article 14. To obtain certification of the quality of the INFE, the stakeholders must meet the requirements that are outlined in the programs and guidelines (a) a general rule issued by the Institute and the regulation of this Law for each item, in accordance with the type of educational establishment concerned.

The different types of certificates and their validity will be specified in the regulation.

Chapter IV

From the National Institute of Educational Physical Infrastructure

Article 15. The National Institute of Educational Physical Infrastructure is created as a decentralized public body of the Federal Public Administration, with legal personality, its own patrimony and technical and management autonomy for the fulfillment of its objectives and the exercise of its powers; it shall have its legal domicile in Mexico City or at the place determined by the holder of the Federal Executive Branch.

Article 16. The objective of the Institute is to serve as a body with regulatory, consulting and certification capacity for the quality of physical infrastructure. education of the country and construction, in terms of this Law, its regulations and other applicable provisions, and to perform as an advisory body in matters of prevention and attention of damages caused by natural disasters, technological or Human resources in the education sector.

In order to comply with the above paragraph, the Institute shall at all times consider the particular characteristics of each region of the country, based on their wealth and diversity.

The Institute will be responsible for the construction, equipment, maintenance, rehabilitation, reinforcement, reconstruction, conversion and enablement of buildings and facilities for the service of public education in the Federal District, in federal institutions in the case of institutions of a federal nature or where appropriate with the State authorities.

Article 17. The Institute will adapt the development of its activities to the policies, strategies and priorities established by the National Development Plan, the sectoral program, and the applicable state and Federal District educational programs. of educational physical infrastructure.

Article 18. The Institute's heritage will be formed

I. With the movable, immovable, and rights of use and use that the Federal Government assigns or provides to you through any legal status governments of the Federal District and Federal District, municipalities or individuals;

II. With the resources that will be pointed out to you in the Federation's Eglings Budget;

III. With your own revenue. The regulation will specify the concepts; and

IV. With the goods and income you obtain for any other legal title in accordance with the regulation of this law.

Chapter V

From the Powers of the National Institute of Educational Physical Infrastructure

Article 19. The Institute's privileges are as follows:

I. Issue standards and technical specifications for the development of studies, projects, works and facilities and participate in the elaboration of Mexican and Mexican standards Mexican official rules in terms of the provisions of the Federal Law on Metrology and Standardisation, as well as proposing its issuance and dissemination, in the field of construction, equipment, maintenance, rehabilitation, reinforcement, reconstruction, conversion and enabling of buildings and facilities intended for the service of the national education system;

II. Create and permanently update a physical state information system of the facilities that form the INFE, in collaboration and coordination with the local authorities through the appropriate legal mechanisms, for which they shall have the following powers:

a) Collect the relevant information from the physical state that INFE holds at the national level;

b) Dispose for such an effect the necessary and sufficient resources, according to the budget that is authorized;

c) Convening with the competent authority the access to the educational facilities of the country, in order to collect the respective information, on the occasions that it is required;

d) Classify, analyze, interpret, and ressave the information collected from the physical state that INFE holds at the national level; and

e) Perform diagnostic and prognostic actions related to physical infrastructure, as well as define prevention actions in the field of seismic safety, structural and maintenance.

III. Formulate and propose investment programs for construction, maintenance, equipment, rehabilitation, reinforcement, reconstruction, relocation, and conversion of the spaces for education provided by the State, in accordance with the budgetary provisions, as well as carrying out the supervision of the work, in itself or through the State bodies, in accordance with the rules and technical specifications to be issued for that purpose;

IV. The Institute will have the following privileges in terms of INFE certification:

a) Set the INFE National Certification Program guidelines;

b) Set the requirements that the INFE must gather to be positively evaluated;

c) Receive and review the evaluations;

d) Dictate in the scope of your privileges on the assessments made;

e) Determine the criteria and qualification that the INFE must meet to obtain the certificate;

f) Establish the professional requirements to be met by the evaluators who carry out the INFE certification;

g) Spread the National INFE Certification Program to the institutions of the National Education System and society at large;

h) Review, validate and certify executive projects for the construction of spaces for public education in general, in the field of public education attributions;

i) To certify the quality of the INFE in the Federal District, in the federal institutions in the case of federal institutions or when it is appropriate to the state authorities.

The Institute will also certify the quality of the INFE in the cases of private schools to which the federal authority grants the registration of official validity of the studies.

V. Preserve specialized technical services related to building related to INFE;

VI. Develop executive projects in the field of INFE, at the request of a party, in accordance with the standards and technical specifications issued for this purpose;

VII. Promote alternative financing for the construction, maintenance, equipment, enablement, rehabilitation and reinforcement of buildings and facilities for the service of education provided by the State;

VIII. Promote, in coordination with the relevant authorities, social participation in the planning, construction and maintenance of spaces educational;

IX. Imparting training, consulting and technical assistance, as well as providing advisory services to agencies, entities, institutions, or individuals require, in the field of project development, implementation, supervision and normativity of the INFE, as well as to determine the best schemes or security options of the INFE.

X. Perform technical and administrative follow-up actions on the various programs applicable to the INFE in charge of the federative entities and the agencies state when such programmes incorporate federal resources and in respect of which the Institute agrees with state and municipal authorities.

XI. Participate in coordination with the appropriate instances in the planning, scheduling, and technical monitoring of the resources authorized for execution of investment projects in INFE of the country;

XII. Build, equip, maintain, rehabilitate, reinforce, rebuild and enable in the Federal District, in the federal entities in the case of institutions of a federal nature or where appropriate with the State authorities, in accordance with the provisions of Article 11 of this Law.

It is forbidden to allocate federal public resources to build, equip, maintain, rehabilitate, reinforce, rebuild or enable educational institutions. private;

XIII. Carry out the monitoring of the work of the INFE for public education in general, based on the agreements that are signed, in their case, with federal or local educational entities;

XIV. Coordinate, in the terms of the law, the activities derived from the prevention and attention of damage caused to the INFE by natural disasters, technological or human;

XV. Develop INFE research and development programs for new construction systems and architectural projects; furniture design and team, as well as the incorporation of cutting-edge and traditional, ecological, regional, economic and security techniques and materials, in accordance with the guidelines of educational policy provided for in Article 7 of this Law;

XVI. To celebrate research, development and exchange of technology agreements in the field of INFE with national academic bodies and institutions international;

XVII. To carry out and promote research on pedagogical, technological and educational advances that contribute to a quality education infrastructure, enabling optimal security and conditions according to its context;

XVIII. Link and coordinate the efforts of private sector social bodies to develop INFE-related projects, in the terms of law and without prejudice to local competence in this respect;

XIX. Obtain own income for interest-bearing services derived from its object, specifically mentioned in the regulation, and manage its assets, and

XX. The others that for the fulfillment of their object point to you this Law and its regulations, as well as the Federal Law of the ParaState Entities.

Article 20. The Institute may provide paid services, in the terms of this Law and its regulations to:

I. Institutions and people in the private and social sector;

II. Dependencies and public sector institutions in charge of building buildings other than those for education, and

III. Public, private and social instances abroad, which in the framework of instruments or collaboration agreements request the services of the Institute.

Article 21. The revenue generated by the services provided in the terms of the previous article, shall be assigned to the equipment and technological development necessary for the proper performance of the functions of the Institute, as well as the execution of agreements signed with local and federal educational institutions for the development of projects aimed at education that the State provides.

The operation of these resources will be the responsibility of the Institute, under the supervision and support of the Secretariat of Finance and Public Credit, and should be clearly recorded. the different ways of obtaining financial resources, criteria for implementing expenditure and, where appropriate, recovery, accountability and management indicators, as well as targets resulting from the implementation of such resources.

Chapter VI

From the Administration of the National Institute of Educational Physical Infrastructure

Article 22. The Institute administration will be in charge of:

I. The Governing Board;

II. The Director General, and

III. The administrative units required for proper operation to be approved by the Governing Board, in accordance with the authorized budget.

Article 23. The Governing Board will consist of:

I. The Secretary of Public Education, who will chair it;

II. An undersecretary of the Secretariat of Finance and Public Credit, who will be appointed by its Holder;

III. The president of the Institute of Administration and Avaluos of National Assets;

IV. The holder of the National Coordination of Civil Protection of the Secretariat of Government;

V. The director of the Engineering Institute of the National Autonomous University of Mexico;

VI. The holder of the National Institute for the Evaluation of Education (INEE);

VII. The technical secretary of the National Council of Educational Authorities;

VIII. Three members designated by the local executives ' holders, in accordance with the rules to be issued for that purpose, and

IX. Three members appointed by the holders of the local councils, in accordance with the rules to be issued for this purpose.

The Director General, the Commissioner and the head of the Internal Control Body, will participate in the sessions of the Governing Board with a voice, but not with a vote.

For the support of their duties, the Governing Board shall have a technical secretary, who shall be proposed by the Director General.

The members of the Governing Board, referred to in fractions I to V, shall accredit their respective alternates to the Board, which shall be at the hierarchical level. lower immediate, who will serve as members in the absences of those.

Article 24. The Governing Board will be validly biased with the assistance of at least half of its members. Their resolutions shall be taken by a majority of votes; in the event of a tie, the president shall have a vote of quality.

Article 25. The Governing Board shall hold regular sessions once each quarter, in accordance with the provisions of the Organic Statute. The Chair of the Governing Board may convene extraordinary sessions to deal with matters whose nature merits it.

Article 26. The Governing Board shall have, in addition to those referred to in the Federal Law of ParaState Entities, the following attributions:

I. Exorder your Inner Rules;

II. Establishing general policies for the development of the Institute's activities;

III. Approve, monitor and evaluate the Institute's plans and programs;

IV. Approve the revenue forecast and the Institute's preliminary draft budget, considering the annual diagnoses of the INFE;

V. Approve the activity reports and financial statements presented to you by the Director General;

VI. To know the opinions issued by the Commissioner and, where appropriate, to order the necessary measures to address the observations made;

VII. Approve, on a proposal from the Director General, the appointment of the address holders who assist you in the dispatch of the cases;

VIII. Approve the Organic Statute with the basic structure of the Institute, and

IX. The others that are derived from the applicable legal orders.

Article 27. The Institute will count within its organic structure with an Internal Control Body, which will have the function of supporting the improvement of management of the entity. The holders of the Internal Control Body and the areas of audit, complaints and responsibilities shall be appointed and freely removed by the holder of the Secretariat of the Civil Service, who shall be functionally and functionally dependent and exercise their privileges in accordance with the guidelines issued by the said dependency.

Article 28. The Institute shall have a surveillance authority composed of a Public Commissioner and an alternate, both appointed by the Secretariat of the Public Function.

This body, as well as the holders of the Internal Control Body and the areas of responsibility, audit and complaints, will exercise their functions in accordance with the established in the Organic Law of the Federal Public Administration, the Federal Law of ParaState Entities and its Rules of Procedure, the Federal Law of Administrative Responsibilities of Public Servants, the Rules of Procedure of the Secretariat of the Civil Service and other applicable federal provisions.

Article 29. The following are the privileges of the Technical Secretary:

I. Formulate and submit with due anticipation the agenda of the sessions of the Governing Board and the calls to them;

II. Develop the Governing Board's session schedule and submit it to the consideration of its members;

III. Pass attendance list at the beginning of each session, and inform the president of the existence of a legal quorum;

IV. Review the draft minutes of the previous session, taking into account the comments of the members of the Governing Board, in order to incorporate them into the final document;

V. Collect the information corresponding to the fulfillment of the agreements adopted by the Governing Board and make it known to the members of the same;

VI. Sign the necessary minutes and constances to be derived from the sessions of the Governing Board, and

VII. Other than the law, statute, or Government Board.

Article 30. The Director General will be freely appointed and removed by the President of the United Mexican States.

Article 31. The Director General will have, in addition to the privileges indicated to him by the Federal Law of ParaState Entities, the following:

I. Manage the Institute;

II. Represent the Institute legally and grant power for acts of administration, litigation and collection, including with those powers that require provision special;

III. To celebrate all kinds of legal acts necessary for the development of the privileges and the fulfilment of the objectives of the Institute;

IV. Run the Government Board agreements and report to it on compliance;

V. Submit to the Governing Board quarterly, half-yearly and annual activity reports, as well as the financial statements for each exercise;

VI. Propose to the Governing Board the approval of the necessary structure for the achievement of the Institute's objectives, as well as its modifications;

VII. Submit timely to the Governing Board for approval, revenue forecast, and the Institute's annual draft budget for discharges;

VIII. Propose to the Governing Board the appointment of the address holders who assist in the dispatch of the business;

IX. Designate and remove the other public servants from the Institute under the terms of law;

X. Delegate the privileges authorized by the Governing Board;

XI. To convene and coordinate the holders of the agencies and dependencies of the federative entities responsible for the INFE to the formation of a technical organ of Consultation to act on matters of common interest in the terms of the Regulation;

XII. Other than the law, the Statute or the Governing Board.

Article 32. The holders of the addresses, management, subgerences and department heads of the institute will have the privileges that they will point to the Staff Regulations. Organic and the Regulation.

Article 33. Labour relations between the Institute and its employees shall be governed by Article 123 (A) of the Political Constitution of the States. United Mexicans.

Transient

Article First. This decree shall enter into force on the day following its publication in the Official Journal of the Federation.

Article Second. The Law created by the Administrator Committee of the Federal Schools Building Program published in the Official Journal of the Federation is hereby repealed. on April 10, 1944.

Article Third. The Regulation of the General Law of Educational Physical Infrastructure and the General Guidelines to be issued by the Institute shall be issued within 180 working days from the entry into force of this decree.

Article Fourth. The Governing Board will have up to 90 working days from its integration to issue the Organic Statute.

Article Fifth. The public servants of the Federal Schools Building Program Administrator Committee will become part of the National Institute of Educational Physical Infrastructure, respecting all of its labor rights in terms of the law, both individual and collective.

In the same way, the movable and immovable assets and the financial resources with which the Executive Committee of the Federal Construction Program currently counts. Schools will become part of the heritage of the National Institute of Educational Physical Infrastructure at the beginning of this decree.

Article Sixth. The amounts not exercised from the authorized budget for the Federal Schools Building Program Administrator Committee in the Expenditures of the Federation for Fiscal Exercise of the current year, at the beginning of the validity of this decree, will be exercised by the National Institute of Educational Physical Infrastructure.

Article Seventh. Within 180 working days following the entry into force of this Decree, the National Institute of Educational Physical Infrastructure it shall ratify the conventions previously concluded by the Management Committee of the Federal Schools Building Programme, replacing it in the fulfilment of the obligations and the exercise of those rights.

Article Eighth. As long as the regulatory and statutory provisions referred to in this Law are issued, they shall remain in force in respect of which they do not contravene, those who have so far governed the Federal Schools Building Program Administrator Committee.

Article Ninth. For the attention and follow-up of any pending or final pending judicial or administrative matters In any way with the Administrator Committee of the Federal Program of Construction of Schools, the representation of the latter will be replaced by the National Institute of Educational Physical Infrastructure.

Responsibilities arising from administrative, judicial or any other investigation that has been initiated or initiated on the management of the resources public servants of the Federal Schools Building Program Administrator Committee or any other natural or moral person, public or private, will continue their course regardless of their change of denomination.

Article Tenth. Federative entities shall make the necessary adjustments to their legislation, no longer than 180 working days, at last to establish its State Institute of Educational Physical Infrastructure and to ensure that its constitutive and normative framework is in accordance with the provisions of this Law.

Article Tenth First. References to the Federal School Building Program Administrator Committee that make laws and other provisions regulations, will be understood as the National Institute of Educational Physical Infrastructure.

Article Tenth Second. To comply with the provisions of Article 10, the authorities in this field will make a diagnosis of the coverage and quality of the Educational Physical Infrastructure in the country and will make it to the Congress of the Union.

Article Tenth Third. All other provisions that are opposed to this decree are repealed.

Mexico, D.F., at December 13, 2007.-Dip. Ruth Zavaleta Salgado, President.-Sen. Santiago Creel Miranda, President.-Dip. Santiago Gustavo Pedro Cortés, Secretary.-Sen. Adrian Rivera Perez, Secretary.-Rubicas."

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, thirty-one in January, two thousand eight.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of the Interior, Juan Camilo Mourino Terrazo.-Heading.