Law on Evaluation, Accreditation, Certification of Quality and Equity in Education of 2014

The purpose of this Law is the creation of the National System for the Evaluation, Accreditation, Certification of Quality and Equity in Education at the pre-basic, basic, secondary, non-university higher education and university levels, which, hereinafter in this Law and for all its purposes shall be known as "The System" as well as the guidelines, objectives and forms of management of the processes oriented toward the improvement of educational quality. The System comprises all official and non-governmental educational institutions and entities legally established that form part of the National Education System in Honduras, governed by the State Secretariat of the Education Office and the National Autonomous University of Honduras (UNAH).

The National Commission for Evaluation, Accreditation and Certification of Quality and Equity of the National Education System is created, which hereinafter shall be called CONEVAL and has the function of regulating the organization and operation of The System.

Quality education comprises:

• 1)

  Equity that, starting from the recognition and valuation of diversity, guarantees equality of opportunities for access, permanence, treatment and exit from the educational system;

• 2)

  The transmission of values that favor personal freedom, social responsibility, social cohesion and improvement of society, which help overcome any type of discrimination and encourage the practice of solidarity;

• 3)

  The participation of the different sectors of the educational community within the scope of their corresponding competencies and responsibilities in the development of educational center activities;

• 4)

  The institutional organization of educational centers, which promotes bonds of respect, collaboration and cooperation for harmonious coexistence, which contributes to achieving the educational objectives of each institution and of students;

• 5)

  The installation of processes to follow achievements and difficulties in learning, accompanied by pedagogical and institutional strategies oriented to guarantee the quality of learning for all students, respecting diversity in all its dimensions;

• 6)

  The recognition of the teacher's activity as an essential aspect of education, expressed in priority attention to professional development through scientific-pedagogical training and updating of teachers that promotes good job performance;

• 7)

  The promotion of critical thinking, creativity, research, innovation, personal initiative, teamwork and entrepreneurial spirit;

• 8)

  The conception of education as a continuous process whose value extends throughout one's entire life;

• 9)

  The existence of adequate infrastructure, equipment, services and educational materials conditions according to the technical-pedagogical requirements of each educational center;

• 10)

  The development of qualitative and quantitative scientific research processes that make it possible to obtain findings and make decisions for the improvement of learning quality; and,

• 11)

  The relevance of learning and the significance of the integration of information and communication technologies as support tools for the same.

The general guidelines for educational equity are:

• 1)

  Access, permanence and exit from education together with the provision of relevant educational experiences for life;

• 2)

  Access to quality education, regardless of the geographic location of the educational offering, the socioeconomic, cultural and ethnic condition of students;

• 3)

  The distribution and rationalization of human, technological, material and financial resources that allow equality of opportunities in the educational process, so that all students can master the essential basic competencies, acquire the knowledge, skills and attitudes necessary for personal and social life, as well as continue learning throughout their lives;

• 4)

  The prioritization of efforts toward children and young people who are outside or at risk of being marginalized from the educational center and/or only achieve minimum learning results;

• 5)

  The generation of instances of continuous training for adults, with the objective of accumulating and applying knowledge that allows them to complete higher educational levels and achieve their insertion into a changing labor market with multiple challenges;

• 6)

  Teacher training and professional development, the development of curricular offerings and the preparation of educational materials that address the particularities of students and the singularities of educational situations;

• 7)

  The offering of complementary educational proposals for those students who present difficulties in the formative process;

• 8)

  The strengthening of teaching and learning through the use of programs, activities and complementary services that increase the quantity and quality of instruction time;

• 9)

  Respect for different capacities and individual characteristics of students, so they may achieve full development of their potential;

• 10)

  Periodic processes of review and analysis of government actions that may impact The System, to strengthen public policies of equity and educational inclusion;

• 11)

  The application of an educational inclusion policy that integrates with other policies directed toward young people, children and families, offering parents substantial and meaningful opportunities to participate in their children's education; and,

• 12)

  The development of skills and knowledge that promote learning and that are adjusted to new scientific, technological and environmental demands.

The National System for the Evaluation, Accreditation and Certification of Quality and Equity in Education involves the articulation of the principles, procedures, bodies and instances established by the State of Honduras, to ensure the permanent and sustained improvement of quality, relevance and equity in education within the national territory.

The System comprises all official and non-governmental educational institutions and entities legally established that form part of the National Education System in Honduras and are governed by the State Secretariat of the Education Office and the National Autonomous University of Honduras (UNAH). Entities that participate directly or indirectly in The System include non-academic state entities, professional associations, employer representatives, professional and scientific associations, trade associations and parent associations and municipalities, in accordance with their nature and purposes, in the instances and mechanisms established by this Law.

The principles that guide The System are the following: OBLIGATORINESS: The evaluation, accreditation and certification of quality and equity in education constitutes a State policy applicable to all public and non-governmental educational institutions governed by the State Secretariat of the Education Office and the National Autonomous University of Honduras (UNAH). PROGRESSIVITY: The implementation of The System and the incorporation of educational institutions and their programs must be carried out gradually. LEGALITY: The instruments for ensuring educational quality are applied within the framework of the law. PARTICIPATION: It guarantees that stakeholders participate in equal conditions in the determination of criteria, standards, indicators and application processes. CREDIBILITY AND NATIONAL AND INTERNATIONAL RECOGNITION: The application of the criteria, standards and indicators of The System, as well as the results obtained, must generate credibility in the national educational community, in society in general and in international evaluation and accreditation systems. SCIENTIFICITY: The System is characterized by processes structured and executed with technical rigor and scientific consistency. The procedures and results must be objective, impartial, valid and highly reliable. EQUITY: The System enables equality of opportunities and justice to all educational institutions and their programs as well as to the different actors involved. MERIT: The operational structures of evaluation, accreditation and certification processes are configured based on the academic and professional merits of applicants and a balanced and pertinent composition of their members should be sought. FLEXIBILITY: The System must recognize and be open to the differences and characteristics of institutions undergoing the evaluation, accreditation and certification process. TRANSPARENCY: The System guarantees to the general public appropriate access to the results generated in evaluation exercises on educational institutions or their programs. RESPONSIBILITY: It is the commitment that the institutions comprised in this Law assume for achieving educational quality. RELEVANCE: It is the coherence between the purposes, resources, means and results of the educational process and social needs. PERIODICITY: The evaluation carried out at previously established time intervals allows appreciation of the evolution of achievements in building quality.

The objectives of The System are:

• 1)

  To promote a culture of quality and equity in the National Education System;

• 2)

  To ensure continuous improvement of academic quality in educational institutions as well as in the training programs provided therein;

• 3)

  To provide evidence before society and the world on the quality of education provided by educational institutions of the Republic;

• 4)

  To generate reliable public information that is useful in decision-making for students, employers, parents of families, the State and educational institutions themselves; and,

• 5)

  To evaluate, accredit and certify the educational quality of institutions members of the National Education System.

For purposes of this Law the following definitions are established: ACCREDITATION: Is the formal recognition of the quality demonstrated by an educational institution or program, granted by the State through the corresponding accrediting agency, according to the external evaluation report issued by a duly authorized evaluating entity, in accordance with current regulations. Accreditation is temporary and its renewal necessarily implies a new process of self-evaluation and external evaluation. ACCREDITING AGENCY: A specialized private entity responsible for accrediting educational quality of institutions and programs subject to its processes. SELF-EVALUATION: A process of critical reflection oriented toward quality improvement, carried out by the educational institutions or programs themselves in an objective, rigorous and participatory manner on all its activities in order to improve efficiency and achieve academic excellence. CERTIFICATION OF EDUCATIONAL QUALITY: Is the public and temporary recognition of competencies acquired within or outside educational institutions to perform professional or labor functions. Certification is the result of a public and temporary process carried out at the request of interested parties. It is granted by CONEVAL, prior authorization, according to the criteria established by the National System for Evaluation, Accreditation and Certification of Quality and Equity in Education. CRITERION: An instrument that allows analyzing levels of quality with different degrees of specificity. QUALITY EDUCATION: Is the comprehensive, relevant and flexible training that provides individuals with the knowledge, skills and attitudes appropriate for their personal development, the full exercise of citizenship and continuous learning throughout their entire life. STANDARD: A performance indicator that must be achieved to validate and legitimize an academic program. EVALUATION OF RESULTS: Objective assessment of an educational process, its planning, execution and results, which has as its purpose determining the relevance, achievement of its objectives, as well as the efficacy, efficiency, impact and sustainability of these processes. EXTERNAL EVALUATION: A visit carried out by external peer evaluators responsible for the verification, analysis and assessment conducted on an educational institution or program, allowing verification of the truthfulness of the final self-evaluation report carried out by the institution or educational program itself. EVALUATION: Is the process by which the achievement of proposed objectives is verified. It can be internal or external, diagnostic, formative, summative, institutional or program-based, impact or process-oriented, of high or low significance. INDICATOR: A reference that allows measuring the degree of adjustment to the objectives and quality criteria of an educational institution or academic program. SELF-EVALUATION REPORT: A document that results from the self-evaluation process and which compiles the results of the critical reflection conducted by educational institutions. EDUCATIONAL INSTITUTION: A legal entity established in the country whose purpose is to generate, disseminate, apply and facilitate knowledge through teaching, research and extension, authorized to award academic degrees according to the educational level in which it develops its activities. PARAMETER: Data or factor that is taken as necessary to analyze or assess an educational situation. PEER EVALUATORS: Academics designated to conduct an external evaluation of an educational institution or program. IMPROVEMENT PLAN: An instrument in which the activities to be carried out to raise the level of educational quality and achieve accreditation are set out. ACADEMIC PROGRAMS: Educational offerings oriented toward the awarding of academic degrees at the various levels in which educational institutions develop their activities. NATIONAL EDUCATIONAL SYSTEM: A system organized in accordance with Chapter I of Title II of the Fundamental Law of Education; contained in Decree No. 262-2011 dated January 19, 2012; and, VERIFICATION VISIT: An act by which external peer evaluators verify the objectivity and truthfulness of the self-evaluation report prepared by an educational institution or program.

The National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL) is the governing body and highest authority of the National System for Evaluation, Accreditation and Certification of Quality and Equity in Education, bearing responsibility for the direction, planning and coordination of The System. The National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL), to fulfill the assigned functions must have three (3) Commissioners meeting the requirements established in Article 11 of this Law, who must be appointed by the President of the Republic. The National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL) has legal personality, administrative, technical and financial autonomy, with normative capacity to regulate quality assurance processes. Its functions are contemplated in the Regulations of this Law.

The requirements to be a Commissioner of Evaluation are:

• 1)

  To hold an academic degree of doctorate or master's degree;

• 2)

  To have at least ten (10) years of distinguished trajectory in academic practice; and,

• 3)

  To have experience in processes of evaluation, accreditation and certification of educational quality or to have at least five (5) years of experience in educational research.

The National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL) has the support of a Consultative Council that is composed of one representative from each of the following institutions:

• 1)

  Honduran Council of Private Enterprise (COHEP);

• 2)

  National Association of Families;

• 3)

  Catholic Church;

• 4)

  Evangelical Fraternity;

• 5)

  Labor Unions;

• 6)

  Peasant Organizations;

• 7)

  Association of Patronages and Community Associations;

• 8)

  Confederation of Cooperatives of Honduras;

• 9)

  Scientific community that is not subject to evaluation, accreditation and certification of quality of the services provided by institutions of the National Education System;

• 10)

  Association of Media;

• 11)

  Association of Municipalities of Honduras (AMHON); and,

• 12)

  Education Officials. The representation referred to in numeral 9) of this Article is subject to the founding and operation of future entities of a scientific nature that may be created in the country, in the terms regulated by this Law.

The Technical Secretariat is the support body of the National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL) and is headed by a Technical Secretary who is appointed through a public call for applications. The Technical Secretary must work full-time, must attend all meetings of the National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL) with voice but without vote, acting as Secretary thereof. The functions of the Technical Secretariat must be established in the Regulations of this Law.

The Technical Secretary may be removed from office by a simple majority vote of the Commissioners of the National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL), prior to evaluation of their performance.

In accordance with the functioning of The System, the National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL) must create the National Technical Committees, whose functions and operational aspects are contemplated in the Regulations of this Law.

The National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL), must create the necessary technical and administrative structures for the proper performance of its functions. CHAPTER V OF ASSETS

The Assets of the National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL), are comprised of:

• 1)

  The resources established in the General Budget of Income and Expenses of the Republic;

• 2)

  Income received from payments made by non-governmental educational institutions; and,

• 3)

  Donations, inheritances and other contributions in any form received in accordance with the Law. FOURTH TITLE OF ASSURANCE OF QUALITY AND EQUITY IN EDUCATION CHAPTER I INSTITUTIONAL EVALUATION COMMITTEES

Each educational institution must establish within its organization a Quality Evaluation Committee, through which processes are managed to ensure continuous improvement of the same. Its form of organization, operation and obligations must be executed by the institution, in accordance with what is established in the respective Regulation. CHAPTER II OF INSTITUTIONAL SELF-EVALUATION, PROGRAMS AND EXTERNAL PEERS

Public and non-governmental educational institutions legally established in the country must develop institutional or program self-evaluation processes in order to identify their strengths and weaknesses, taking as reference their institutional project and the criteria and indicators constructed by the National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL), which allow them, as a result, to formulate an improvement plan for the institution. Matters relating to deadlines, processes, manuals and technical guides for their implementation, follow-up, advisory services, self-evaluation reports, verification and acceptance or objection by evaluating peers; development of improvement plans and other aspects of the process must be contemplated in the respective Regulation.

The National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL), must maintain a National Register of Evaluating Peers, organized by disciplinary areas or professions, in which natural persons, Honduran and foreign, who meet the requirements must be registered. Its public call, registration process, form of operation, costs, fees and honorariums must be subject to the Regulation of this Law. The peer register must be used to organize technical committees of evaluating peers that, once the verification processes on self-evaluation reports and compliance with improvement plans for institutional or program educational quality have been completed, must issue the corresponding binding opinion on whether accreditation is warranted or not.

Educational institutions must officially submit themselves to the institutional accreditation process of programs. To do so, they must carry out a self-evaluation process and improvement of educational quality for purposes of accreditation, in accordance with the manuals and regulations that the National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL) establishes for this purpose.

The implementation of institutional or program accreditation processes falls exclusively to the National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL), through the bodies it designates for such purpose. CHAPTER IV OF CRITERIA, STANDARDS AND INDICATORS

The proposals for criteria, standards and indicators to be applied in accreditation processes must be formulated in consultation with educational entities. Representatives of state institutions, employers, professional associations, as well as professional and scientific colleges or associations may participate in these consultations. For their formulation, reference must be taken from the current state of educational development in the country, the internationally accepted criteria, standards and indicators, and the realistic goals that institutions and their programs must achieve.

The criteria, standards and indicators for accreditation must be officially established by resolution of the National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL), once what is established in the Previous Article is considered.

Every five (5) years, a review of the criteria, standards and indicators must be conducted in accordance with the changes that occur at the international level and ensuring the participation of the actors related in Article 23.

If, while the accreditation process is underway, new criteria, standards or indicators are adopted by the National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL), the criteria, standards and indicators in effect at the start of the process must continue to be applied until the end of it. CHAPTER V OF AUTHORIZATION AND OPERATION OF ACCREDITING AGENCIES

It falls to the National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL), to authorize and supervise the operation of Accrediting Agencies that operate in the country. FIFTH TITLE FINAL PROVISIONS

This Law repeals any laws, decrees, provisions, regulations and rules that oppose it.

This Law must be regulated by the Secretariat of State in the Office of Education, within a period of ninety (90) days.

This Law must enter into effect after its publication in the Official Journal La Gaceta. Done in the City of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the sixteenth day of the month of December of two thousand thirteen. MAURICIO OLIVA HERRERA PRESIDENT, BY THE LAW GLADIS AURORA LÓPEZ CALDERÓN SECRETARY ELISEO NOEL MEJÍA CASTILLO SECRETARY To the Executive Power. Therefore: Execute. Tegucigalpa, M.D.C., January 24, 2014. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF EDUCATION. MARLON ESCOTO