PCM-027-2018
Poder Ejecutivo
- Decree: PCM-027-2018
- Published: September 20, 2018
- Issuing body: Poder Ejecutivo
- Gazette: 34,749
- Category: Administrative
Summary
This decree establishes a Special Commission of eight experts to reorganize the Education Ministry and improve educational services in Honduras. The commission will evaluate organizational structure, personnel, service delivery, and administrative costs, with a 36-month term and declaring a 24-month education emergency.
Considerations
Whereas Article 151 of the Constitution of the Republic of Honduras establishes that Education is an essential function of the State for the conservation, promotion, and dissemination of culture, which shall project its benefits to society without discrimination of any nature; for which purpose, it empowers the Executive Branch to adopt the necessary measures through Laws and Regulations that ensure the effectiveness of this right. All activities of the State and of public and private entities are subject to this provision. CONSIDERING: That in accordance with what is established in Article 245, numerals 2, 11, and 28 of the Constitution of the Republic of Honduras, it corresponds to the Constitutional President of the Republic to direct the general policy of the State, represent it, issue Agreements, Decrees, and issue Regulations and Resolutions in accordance with law; organize, direct, guide, and promote public education.
Whereas it is necessary to carry out a process of comprehensive reorganization of the State Secretariat in the Office of Education and provide the necessary accompaniment in an institutional transformation in order to ensure and guarantee through the Strategic Sector Plan for Education 2018-2030 adequate provision of educational services by making efficient all levels of the Educational System from the Pre-elementary level through the Secondary level. CONSIDERING: That in accordance with Articles 3 and 21 of the General Law of Public Administration, the President of the Republic has under his charge the supreme direction and coordination of the Public Administration and in the exercise of his functions may act alone or in Council of State Secretaries and likewise may create commissions composed of public officials, personalities, and representatives of various sectors of national life and national and international advisors; furthermore, may designate sole authorities for the development of areas, programs, or special projects with the attributions determined by the General Law of Public Administration in its Articles 22 and 23, in accordance with the attributions and powers determined in the Decree of its creation.
Whereas it is necessary to adopt measures aimed at improving the Educational System to achieve a quality service for all Hondurans. Making use of a set of policies, goals, and strategies that must be implemented in alliance with the different sectors of society. Honduras will have for this purpose an inclusive, effective, efficient, and pertinent education system to the needs of the country.
Articles
The COMMISSION FOR TRANSFORMATION OF THE SECRETARIAT OF EDUCATION has as its function to accompany the Secretary of State in the Office of Education in the definition and transformation of Education to benefit the Honduran people through the implementation of a comprehensive plan that promotes institutional strengthening, which allows offering Education services to the inhabitants of the Republic through the efficient use of human, logistical and financial resources of the State and other legal sources.
The "COMMISSION FOR TRANSFORMATION OF THE SECRETARIAT OF EDUCATION", which hereinafter shall be denominated THE SPECIAL COMMISSION, shall be composed of eight (8) Commissioners appointed by the President of the Republic for a period of three (3) years and shall be integrated in the following manner:
- a)
The Secretary of State in the Office of Education who shall preside;
- b)
Seven (7) Commissioners with expertise in the field of education; and,
- c)
A representative of the Coordination of the Round Table of Education Cooperating Partners (MERECE), who shall act in their capacity as observer and technical advisor.
The Special Commission shall assist the Secretary of Education in the following tasks:
- 1)
Develop and execute a Plan for Transformation of the Secretariat of Education.
- 2)
Implement the Strategic Plan of the Education Sector (PESE) and the new model for service delivery;
- 3)
Propose and accompany the organizational restructuring of the Secretariat of State in the Office of Education; and,
- 4)
Establish mechanisms for articulation and collaboration with national and international cooperation in accordance with national legislation; as well as with other institutions and actors of the National Education System. The Special Commission, when making its decisions, shall urge the Secretary of State for the execution thereof. The Special Commission shall have the support of a Multidisciplinary Technical Unit, whose organization and functions shall be defined in a Manual prepared by the Special Commission itself.
The Plan for Transformation of the Secretariat of Education must be framed within the following actions:
- 1)
Evaluation of the organizational and regulatory framework of the Secretariat of State in the Office of Education, in order to develop a model that guarantees effectiveness in its functions as director, regulator, provider and financer of education services;
- 2)
Evaluation of the Human Resource management system of the Secretariat of State in the Office of Education at all levels, including the evaluation and certification of managerial, technical, teaching and administrative personnel in order to determine the suitability, capacity, trust, ability, aptitude, competence, disposition, knowledge and loyalty that every person serving in said Secretariat of State must have; and for such purpose, the current regulations must be applied or, if required, a protocol must be approved that regulates the norms relating to personnel procedures that shall govern this employment relationship with the institution;
- 3)
Evaluation of the model for delivery of education services in order to guarantee coverage and universal access to education services with quality, relevance and equity; and,
- 4)
Evaluation of the effectiveness and efficiency of administrative and financial costs of the management of the Secretariat of Education at all levels.
All departments of the Secretariat of State in the Office of Education and those that provide public and private services, decentralized and deconcentrated, must provide all necessary collaboration and provide access to all documentary and computer information that the Special Commission requests in order to achieve the objectives in the exercise of its tasks.
A state of emergency is declared in the Secretariat of State in Education, for a period of twenty-four (24) months renewable, by virtue of the fact that its current state affects the continuity or timely and efficient delivery of education services to the detriment of the population.
The Special Commission shall have the power to define the organizational restructuring of the Secretariat of State in the Office of Education including decentralization, and shall urge the Secretary of State to the execution of its decisions. The General Directorate of Civil Service, the Superior Court of Accounts and other State departments related shall attend to the requirements of the Special Commission.
The Government of the Republic through the Secretariat of State in the Office of Finance must guarantee the Special Commission the financial resources necessary through the General Budget of Income and Expenses of the Republic for its operations; likewise it must identify national ordinary and extraordinary resources, as well as reimbursable and non-reimbursable cooperation to finance the Transformation of the Secretariat of State in the Office of Education. In the same manner, this provision shall be applicable to all trusts related to the field of education.
The present Executive Decree has a validity period of thirty-six (36) months counted from the date of its official publication.
This present Decree enters into force as of its publication in the Official Gazette "La Gaceta" Given in the city of Tegucigalpa, municipality of the Central District, on the seventeenth (17) day of the month of September of the year two thousand eighteen (2018). BE COMMUNICATED AND PUBLISHED. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC MARTHA VICENTA DOBLADO ANDARA SECRETARY OF STATE IN THE OFFICE OF GENERAL COORDINATION OF GOVERNMENT PORFIRIO EBAL JAIR DÍAZ LUPIAN SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY HECTOR LEONEL AYALA ALVARENGA SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION MARÍA DOLORES AGÜERO LARA SECRETARY OF STATE IN THE OFFICES OF FOREIGN RELATIONS AND INTERNATIONAL COOPERATION REINALDO ANTONIO SÁNCHEZ RIVERA SECRETARY OF STATE IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION ARNALDO CASTILLO FIGUEROA SECRETARY OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT ROBERTO ANTONIO PINEDA RODRÍGUEZ SECRETARY OF STATE IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES JULIAN PACHECO TINOCO SECRETARY OF STATE IN THE OFFICE OF NATIONAL SECURITY FREDY SANTIAGO DIAZ ZELAYA SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE OCTAVIO RUBEN SÁNCHEZ MIDENCE SECRETARY OF STATE IN THE OFFICE OF HEALTH MARCIAL SOLIS PAZ SECRETARY OF STATE IN THE OFFICE OF EDUCATION CARLOS ALBERTO MADERO ERAZO SECRETARY OF STATE IN THE OFFICES OF LABOR AND SOCIAL SECURITY MAURICIO GUEVARA PINTO SECRETARY OF STATE IN THE OFFICES OF AGRICULTURE AND LIVESTOCK JOSÉ ANTONIO GALDAMES FUENTES SECRETARY OF STATE IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT ROCIO IZABEL TABORA MORALES SECRETARY OF STATE IN THE OFFICE OF FINANCE KARLA EUGENIA CUEVA AGUILAR SECRETARY OF STATE IN THE OFFICE OF HUMAN RIGHTS ROBERTO ANTONIO ORDOÑEZ WOLFOVICH SECRETARY OF STATE IN THE OFFICE OF ENERGY ERNIE EMILIO SILVESTRI THOMPSON SECRETARY OF STATE IN THE OFFICE OF TOURISM
Related laws
- Decreto Ejecutivo No. PCM-027-2018 — Creación de la Comisión de Transformación de la Secretaría de Educación (Decree PCM-027-2018, 2018)
- Executive Decree PCM-008-2017 appointing the Board of Directors of the Honduran Bank for Production and Housing (BANHPROVI) as administrator of the National Bank for Agricultural Development (BANADESA) — This decree originally appointed BANHPROVI's Board of Directors as administrator of BANADESA, but was partially repealed in 2018. Only articles creating a Banking Management unit within BANHPROVI remain in effect. The repeal occurred because BANADESA faced financial nonviability and required measures to protect the public interest. (Decree 008-2017, 2019)
- Executive Agreement number 057-2018 by which representation and the presidency of the National Council of Education are delegated to the Secretary of State in the Office of General Government Coordination — Executive Agreement 057-2018 authorizes the Secretary of General Government Coordination to represent the President and chair the National Council of Education. This measure streamlines the coordination of national education policy without requiring the President's attendance at all Council meetings. (Decree 266-2013, 2018)
- Decreto Ejecutivo No. PCM-025-2019 — Promover la instalación de la Mesa Nacional de Educación para el mejoramiento de la educación pública — This decree establishes the National Education Council, a dialogue forum bringing together the government, education-related ministries, parents, the educational community, and other social sectors. Its goal is to improve Honduras' public and free education through agreements and consensus that benefit children, youth, and the general population. (Decree PCM-025-2019, 2019)
- Decreto Ejecutivo No. 031-2018 — Reforma del Artículo 1 del Decreto Ejecutivo 012-2018 aprobando cartera de proyectos del Fidecomiso del Fondo de Solidaridad (Decree 031-2018, 2018)