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1 PROPOSAL of law No. 126/X explanatory memorandum the 17TH Constitutional Government program identified as objectives for higher education policy, among others, the improvement of the quality and relevance of training offered, the development of a culture of accountability and the structuring of a quality assurance system recognized internationally by providing for the Organization of the latter objective around four axes , which are: (i) the extension of the performance evaluation of the institutions; (ii) the focus of the evaluation criteria, the translation of results in qualitative assessments, the size dimension, comparable with each other and the clarification of the consequences of the assessment for the operation of the courses and educational institutions, both for your financing; (iii) the internationalization of the evaluation process, in particular in the dimension of institutional assessment; and (iv) the requirement of achieving, by universities and polytechnic institutes, systems of quality assurance, certification. Continuing to their programmatic lines to extend the objectification of the respective evaluation criteria, its internationalization process and clarification of the consequences, the Portuguese Government gave therefore priority to compliance with the Standards and Guidelines for Quality Assurance in the European Higher Education Area, contained in the report of February 2005, prepared by the European Association for Quality Assurance in Higher Education (ENQA) at the request of the signatories of the Declaration of Bologna Ministers at the time of your meeting, Berlin, 19 September 2003. And it was also in this context that the Government has requested, in 2005, to this same European Organization, the presence in Portugal of a panel of experts who carried out the evaluation of practices in quality assurance in higher education undertaken within the framework of the National Council of higher education and Evaluation that would deliver recommendations to the Government about the Organization, method and processes of a new accreditation system as, in particular, with the aforementioned 2005 document. 2 Engraving this assessment and these recommendations, emerged as early as 2006, the ENQA report on quality assurance of higher education in Portugal, whose guidelines the Government proposes to do, precisely as a means of achieving the above lines of your program. The Central conclusions of the reports, rooted in the unconditional mandatory character of the evaluation. These findings point to the need for a system in which, based on the conclusions of the self-evaluation of the institutions of higher education, whose irreplaceable nature and importance are recognized, the external evaluation of the same institutions spend to be in charge of entities which are external and not exactly their representative entities whose activity is blurred together in terms of causal representation , external evaluators and evaluated. Have in mind, specifically, an assessment that has as its object the performance quality of higher education on the basis of the fulfilment of your mission and that, in the framework of evolution to a teaching system based on skills development, take into consideration the adequacy of education taught in each course of study skills whose acquisition must ensure. On the other hand, still in these findings emphasize the importance of the multidimensionality of the assessment of higher education, which comprise from the programs and education, to the generic scientific activity, quality of teachers and equipment of various kinds at the disposal of the students. Underlies also the guidelines of ENQA, with regard to evaluation, the assessment of their implications, while the image of institutions of higher learning, in terms of your external projection and important effects of projection, as, in the field of the community, the students ' success in the labour market and or inter-institutional cooperation and, in the international domain, international cooperation. Hence the importance, in this context, the advertising of the evaluation results. By means of this legislative initiative, the Government intends to trigger precisely the creation of a system of evaluation of the quality of higher education marked by universality, obligatory and periodicity and by a requirement of adopting quality policies within their own higher education institutions, by subject, by correspondent multidimensionality subjection of its criteria to the standards established in the development of the Bologna process for the supplementary assessment of importance scientific research and development, 3 by the contradictory assessment processes and decisions taken on them recorribilidade, the participation of foreign experts in the evaluation process, various forms of involvement of students in your bosom, by advertising and by a guidance towards deployment purposes of higher education institutions in the international panorama , in community life and in the labour market. From the point of view of evaluation forms, the ENQA advocates in the documents that the Government has in mind in this initiative: (i) the creation of a system of self-
-assessment of higher education institutions effective, credible and characterized by frequency, by the intervention of the students, the impact on both the programs and the education and publicity of its conclusions; (ii) the design of a hetero-evaluation system characterized by functional independence and material of your trigger to the face of the entities assessed as well as for similar requirements of periodicity, effectiveness, participation, publicity and double impact on institutions and education. This legislative initiative is integral to these two guidelines compliance. As regards the first, related to the self-assessment, conceives a framed system for rules whose adoption it is the statutory bodies of the higher education, the agency responsible for accreditation and evaluation of institutions and education, creating already following the laid down either in the program of Restructuring the State's Central Administration [) (f) (vi)) and (g)) of paragraph 24 of the resolution of the Council of Ministers No. 39/2006 , of 21 April] in the organic law of the Ministry of science, technology and higher education (paragraph 3 of article 26 of Decree-Law No. 214/2006, of 27 October), both in article 53 of Decree-Law No. 74/2006, of March 24. With regard to the external evaluation, conceives a system where this is the responsibility of the Agency referred to above, and materially by panels of experts for her chosen, in a logic of total independence from the entities assessed as well as subject to standards which fits the Agency. This external evaluation is mandatory and the refusal by an establishment of higher education or your organic unit of entry for the respective process determines the cancellation of accreditation of their education and, in the case of private higher education institutions or cooperative, the cancellation of the authorization of the recognition of the public interest. An initiative like this, with General and special standards on evaluation, insert 4 will, if passed as law, in the general context of the quality assurance system of higher education, at the national level, which will join the pair of Decree-Law No. 74/2006, of March 24, in the field of accreditation, and the statutory regime of the agency responsible for accreditation and evaluation in higher education. Was triggered the the Council of Rectors of the Portuguese universities, polytechnics Coordinating Council and the Portuguese Association of private higher Education, as well as associations of students in higher education.
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I objective and scope Article 1 subject-matter this law approves the legal framework of the evaluation of the quality of higher education.
Article 2 Scope the provisions of this law shall apply to all higher education institutions and all his education, degrees and diplomas.
CHAPTER II general principles article 3 5 Subject 1-evaluation the evaluation concerns the quality of the performance of higher education institutions, measuring the degree of fulfillment of your mission through performance parameters related to their performance and the results which flow from it. 2-the evaluation takes into special consideration, in the definition and application of performance parameters, the objective difference between university education and polytechnic education. 3-the evaluation is benchmark international good practices.
Article 4 1 quality assessment parameters-Are, inter alia, evaluation of quality parameters related to the performance of higher education institutions: a) provide teaching, namely your scientific level, their methods of teaching and learning and students ' evaluation processes; b) qualification of the teaching staff and your suitability to the Mission of the institution; c) the strategy adopted to ensure the quality of teaching and the way it is implemented; d) scientific and technological activity properly evaluated and recognized, at a level appropriate to the Mission of the institution; and) international cooperation; f) collaboration, interdisciplinary and inter-institutional interdepartmental; g) efficiency of organization and management; h) facilities and educational and scientific equipment; I) the mechanisms of social action. 2-Are, inter alia, quality evaluation parameters related to the results arising from the activities of higher education institutions: a) the adequacy of education taught in each course of study skills whose acquisition those shall ensure; 6 b) the achievement of education in conjunction with other institutions, domestic or foreign; c) the demand of students; d) openness to new audiences and the ability to promote your integration with success; e) school success; f) the integration of graduates in the labour market; g) the scientific and technological production at a level appropriate to the Mission of the institution; h) students ' contact with research activities from the earliest years; I) economic valuation of research and technological development at a level appropriate to the Mission of the institution; j) integration in projects and international partnerships; l) the provision of services to the community; m) the contribution to the regional and national development to a level suitable to the Mission of the institution; n) the cultural action and, in particular, the contribution to the promotion of scientific culture; the) the capture of own revenue through the activity carried out; p) information on the institution and on teaching her instructor.
Article 5 objectives of quality evaluation quality assessment objectives: a) the improvement of the quality of higher education institutions; b) information society based on the performance of higher education institutions; c) the development of an institutional culture of internal quality assurance.
7 article 6 evaluation of quality and accreditation the accreditation of higher education institutions, their education, degrees and diplomas, in the framework of the quality assurance system of higher education is based on quality assessment.
Article 7 principles of quality evaluation
The quality evaluation of higher education meets the following principles: a) Mandatory and periodicity; b) intervention of teachers, students and external entities; c) existence of an external evaluation system characterized by the organic-functional independence of the evaluator in relation to assessed entity; d) Internationalization; and Participation of the entities assessed us) process of external evaluation, including contradictory; f) Recorribilidade of decisions.
Article 8 obligation to quality evaluation is mandatory, and takes place within the European system of quality assurance in higher education.
Article 9 Incidence 1-quality evaluation focuses on: a) higher education institutions and their organic units; b) education. 2-quality evaluation can focus on relevant parameters across 8 joint performance of higher education institutions or education.
Article 10 quality assessment Forms is the forms of: a) self-assessment; b) external evaluation.
Article 11 evaluation officers 1-self-evaluation is conducted by each higher education institution. 2-the external evaluation which forms the basis of the accreditation process is carried out by the Evaluation and accreditation agency for quality assurance in higher education, hereinafter referred to as the Agency.
Article 12 participation of students the quality evaluation system ensures the participation of students through: your integration processes) of self-assessment, including through mandatory pedagogical councils involved; b) Of your audition in external evaluation processes; c) the appointment of representatives of their associations in organ of the Agency.
Article 13 participation of external entities the quality evaluation system includes necessarily the contribution of external entities relevant to the process, in particular of orders and other public associations, as well as professionals from other scientific, cultural and economic entities. 9 article 14 1 Internationalization-the external evaluation integrates the participation of foreign institutions or international experts panels for her competent, in significant number. 2-the Agency may promote the evaluation of schools and education in conjunction with foreign institutions with similar tasks, in particular with the aim of promoting the comparison of levels of performance on an international scale of institutions or similar courses.
Article 15 1 external evaluation results-the results of the external evaluation shall: a) Contain recommendations expressed about the decision to make regarding the accreditation or established re-accreditation of the subject of the assessment; b) express themselves through a qualitative rating assigned, whether each of the parameters considered in the assessment, relative to overall rating, on a scale that allows sorting and comparing the object of evaluation. 2-the results of the external evaluation: a) are based, the decisions on accreditation of higher education institutions and their education; b) Report, the procedures for contracts between the State and higher education institutions aimed at the financing of these.
Article 16 Advertising 1-evaluation results are public. 2-higher education institutions shall ensure special advertising to documents produced in the context of the self-assessment process, either in your interior to the exterior. 10 3-external evaluation reports are publicly disclosed.
CHAPTER III evaluation article 17 Forms internal Quality Assurance 1-higher education establishments must: a) Adopt, on the basis of their mission, a policy of ensuring the quality of their education, as well as the appropriate procedures to your pursuit; b) strive, through concrete measures, the development of a culture of quality and quality assurance in your activity; c) Develop and implement a strategy for the continuous improvement of the quality. 2-the strategy, policy and procedures referred to in the preceding paragraph must: a) be approved formally by the statutorily competent legal and higher education institution and disclosed publicly; b) ensure the participation of students and other stakeholders in the process.
Article 18 self evaluation within the framework of their self-evaluation, higher education institutions must: a) Define formal procedures for the approval, monitoring and periodic assessment of their education, which integrate, necessarily: i) educational councils, participation and appreciation of students; II) the participation of research centres; III) the participation of advisory bodies with external participation; b) Adopt appropriate procedures to ensure that the teaching staff has the skills and competence required for the performance of its functions, which should be made available to the responsible for the external evaluation processes and be subject to assessment in 11 evaluation reports; c) make sure that the teaching resources available are adequate and appropriate for each of the education institutes; d) make sure that they collect, analyse and use relevant information for the effective management of their education and other activities; and) Publish regularly, quantitative and qualitative information, up to date, impartial and objective about: i) Of education that teach and conferring degrees and diplomas; II) monitoring of the journey of their graduates for a reasonable period of time, in the context of employability.
Article 19 principles of external evaluation
1-The external quality assessment procedures should take into account the effectiveness of the internal quality control procedures set out in the previous article. 2-the purposes and objectives of the external evaluation processes must be fixed and made public in advance of your implementation and application, by a description of the procedures to be followed. 3-formal decisions taken as a result of external quality assessment must be based on objective criteria, published in advance and public, and applied in a consistent and systematic. 4-The external quality assessment processes must be designed in such a way as to show appropriate to the goals and objectives previously fixed. 5-The external quality assessment process carried out through integrated assessment panels by independent experts, without relationship with the establishment of higher education evaluated, and include visits to the educational establishment and the hearing of representatives of its bodies, as well as external entities, in particular professional and other associations. 6-external evaluation processes include mandatory public hearings, open to all interested and publicized in order to ensure adequate disclosure. 7-The external quality evaluation processes are subject to contradictory. 8-The external quality assessment process containing 12 recommendations for concrete action, or that require a subsequent action plan, require the definition of a monitoring process and your previously determined implementation consistently. 9-the external evaluation of the quality of higher education and its education, degrees and diplomas should be performed periodically. 10-the assessment cycle duration and the procedures to be used must be clearly defined and disclosed publicly and in advance.
Article 20 Refusal of entry for the external evaluation the refusal, on the part of an establishment of higher education or your organic unit, entering the external evaluation, determines: a) the cancellation of the accreditation of their education; b) the cancellation of the recognition of the public interest, in the case of an educational institution subject to the status of Private and cooperative higher education.
Article 21 1-external evaluation reports the results of the external evaluation are presented in the form of a report drawn up by the respective review panel and approved by the competent body of the Agency. 2-With the external evaluation reports is always mandatory and jointly published the response of higher education institution prepared under the adversarial process.
Article 22 compared to external evaluation may lead to the comparison between higher education institutions, organic units, education, degrees and diplomas and tiering your relative («rankings») on the basis of parameters set by the Agency. 13 Article 23 Recorribilidade decisions taken by the Agency under the procedures for quality assessment are appealable to the respective competent body.
Article 24 summary reports the Agency shall draw up periodically, reports that describe and analyze the General conclusions arising from your activity.
CHAPTER IV final and Transitional Rules article 25 other areas of impact assessment Periodically, the Government promotes the international assessment: the assessment system) quality of higher education covered by this law and the Agency; (b)) of the higher education system.
Article 26 set Standard is revoked the law No. 38/94, of 21 November, as amended by law No. 1/2003, of 6 January.
14 article 27 entry into force this law shall enter into force on the day following your publication.
Seen and approved by the Council of Ministers of 22 March 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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