Law on Evaluation and Certification of Quality and Equity in Education

The purpose of this Law is the creation of the National System for the Evaluation, Accreditation, and 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 of scientific-pedagogical updating of teachers, which oriented to the improvement of educational quality, promotes good work performance; 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 Secretary of State in the Ministry of Education and the National Autonomous University of Honduras (UNAH). 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 infrastructure, equipment, services and educational materials conditions adequate to the technical-pedagogical requirements of each educational center; 10) The development of scientific research processes, qualitative and quantitative, that allow obtaining findings and making decisions for the improvement of the quality of learning; and, 11) The relevance of learning and the significance of the integration of information and communication technologies as support tools for the same.

The National Commission for Evaluation, Accreditation and Certification of Quality and Equity of the National Education System is hereby created, hereinafter referred to as CONEVAL and has the function of regulating the organization and operation of The System. 9) The existence of infrastructure, equipment, services and educational materials conditions adequate to the technical-pedagogical requirements of each educational center;

Quality education comprises:

• 1)

  Equity that, based on the recognition and valuation of diversity, guarantees equal opportunities of access, permanence, treatment and graduation from the educational system;

• 2)

  The transmission of values that favor personal freedom, social responsibility, social cohesion and improvement of society, which help overcome all forms of discrimination and stimulate 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 the activity of educational centers;

• 4)

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

• 5)

  The installation of processes for monitoring achievements and difficulties in learning, accompanied by pedagogical and institutional strategies, oriented to guarantee the quality of learning of 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 training and updating of scientific-pedagogical processes that guide improvement of educational quality.

General guidelines for educational equity are:

• 1)

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

• 2)

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

• 3)

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

• 4)

  The prioritization of efforts towards children and youth 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 preparation, the development of curricular offerings and the preparation of educational materials that contemplate the singularities of students and the particularities 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 resources, activities and complementary services that increase the quantity and quality of instruction time;

• 9)

  Respect for different capacities and individual characteristics of students, so that they achieve the 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 educational equity and inclusion;

• 11)

  The application of an educational policy of inclusion, which is integrated with other policies directed at youth, children and families, offering parents substantial and meaningful opportunities to participate in the education of their children; and,

• 12)

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

The National System for the Evaluation, Accreditation and Certification of Quality and Equity in Education implies the articulation of the principles, procedures, organs and instances established by the State of Honduras, to ensure the permanent and sustained improvement of the quality, relevance and equity of 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 Secretary of State in the Ministry of Education, and the National Autonomous University of Honduras (UNAH). Non-academic state entities, professional associations, employer representations, professional and scientific associations, trade associations and parents' associations and municipalities participate directly or indirectly in The System, 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: MANDATORY: 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 Secretary of State in the Ministry of Education 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 of ensuring the quality of education are applied within the framework of the law. PARTICIPATION: Guarantees that the actors intervene on equal terms 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 reliably dependable. EQUITY: The System enables equal opportunities and justice to all educational institutions and their programs, as well as to the different actors involved. MERIT: The operational structures of the evaluation, accreditation and certification processes are configured on the basis of the academic and professional merits of the applicants and should seek the balanced and relevant composition of its members. FLEXIBILITY: The System must recognize and be open to the differences and characteristics of the institutions subject to the evaluation, accreditation and certification process. TRANSPARENCY: The System guarantees to public opinion appropriate access to the results generated in the evaluation exercises on educational institutions or their programs. RESPONSIBILITY: It is the commitment that the institutions included in this Law assume for the achievement of educational quality. RELEVANCE: It is the coherence between the ends, resources, means and results of the educational process and social needs. PERIODICITY: Evaluation carried out at previously established time intervals allows appreciating the evolution of achievements in the construction of quality.

The objectives of The System are:

• 1)

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

• 2)

  To ensure the continuous improvement of academic quality in educational institutions, as well as in the training programs taught in them;

• 3)

  To provide evidence to society and the world about 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, the State and educational institutions themselves; and,

• 5)

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

For the purposes of this Law, the following definitions are established: ACCREDITATION: It is the formal recognition of the demonstrated quality of 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 self-evaluation and external evaluation process. ACCREDITING AGENCY: A specialized private entity charged with accrediting the education of institutions and programs subject to its processes. SELF-EVALUATION: A process of critical reflection aimed at improving quality, carried out by the educational institutions or programs themselves, in an objective, rigorous and participatory manner on all their activities, in order to improve efficiency and achieve academic excellence. CERTIFICATION OF EDUCATIONAL QUALITY: It is the public and temporary recognition of competencies acquired within or outside educational institutions, to perform professional or work functions. Certification is the result of a public and temporary process that is carried out at the request of interested parties. It is granted by CONEVAL, after authorization, in accordance with the criteria established by the National System for Evaluation, Accreditation and Certification of Quality and Equity in Education. CRITERION: An instrument that allows analyzing quality levels with different degrees of specificity. QUALITY EDUCATION: It is the comprehensive, relevant and flexible training that provides people with the knowledge, skills and attitudes appropriate for their personal development, the full exercise of citizenship and continuous learning throughout their life. STANDARD: A performance indicator that must be achieved to validate and legitimize an academic program. EVALUATION OF RESULTS: An objective assessment of an educational process, its planning, execution and results, which aims to determine relevance, achievement of its objectives, as well as the effectiveness, efficiency, impact and sustainability of these processes. EXTERNAL EVALUATION: A visit made by external peer evaluators, responsible for verification, analysis and assessment of an educational institution or program, allowing verification of the truthfulness of the final self-evaluation report carried out by the educational institution or program itself. EVALUATION: The process by which the achievement of proposed objectives is verified. It can be external, diagnostic, formative, summative, institutional, or career-related, impact or process-related, of high or low significance. INDICATOR: A reference that allows measuring the degree of alignment with 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 that contains the results of critical reflection carried out by educational institutions. EDUCATIONAL INSTITUTION: A legally established entity in the country, which has the purpose of generating, disseminating, applying and facilitating knowledge through teaching, research and extension, authorized to grant academic degrees in accordance with the educational level in which it develops its activities. PARAMETER: A fact or factor that is taken as necessary to analyze or assess an educational situation. PEER EVALUATORS: Academics appointed to conduct an external evaluation of an educational institution or program. IMPROVEMENT PLAN: An instrument in which the activities to be carried out are proposed to raise the level of educational quality and obtain accreditation. ACADEMIC PROGRAMS: Educational offerings aimed at granting academic degrees at the various levels at which educational institutions develop their activities. NATIONAL EDUCATION SYSTEM: A system integrated in accordance with Chapter I of Title II of the Fundamental Law of Education; contained in Decree No. 262-2011 of January 19, 2012; and, VERIFICATION VISIT: An act by which external peer evaluators shall 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 entity and highest authority of the National System for Evaluation, Accreditation and Certification of Quality and Equity in Education, having in its charge 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 in accordance with 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 provided for in the Regulations of this Law.

The requirements to be a Commissioner of Evaluation are:

• 1)

  To hold a doctoral or master's degree;

• 2)

  To have at least ten (10) years of outstanding trajectory in their 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) is supported by a Consultative Council that is composed of one representative from each of the following institutions:

• 1)

  Honduran Council of Private Business (COHEP);

• 2)

  National Association of Parents of Families;

• 3)

  Catholic Church;

• 4)

  Evangelical Fraternity;

• 5)

  Labor Federations;

• 6)

  Farm organizations;

• 7)

  Association of Boards of Trustees and Community Associations;

• 8)

  Confederation of Cooperatives of Honduras;

• 9)

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

• 10)

  Association of communication 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 foundation and operation of future entities of scientific nature that are created in the country, in accordance with the terms regularly established in this Law.

The Technical Secretariat is the support organ 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 public call. The Technical Secretary must serve 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 its Secretary. 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), following evaluation of their performance.

In accordance with the operation 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 provided for in the Regulations of this Law.

Each educational institution must establish within its organization a Quality Evaluation Committee, through which processes aimed at ensuring continuous improvement shall be managed. Its form of organization, functioning, 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 processes of institutional or program self-evaluation, 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, monitoring, advisory services, self-evaluation reports, verification and acceptance or objection by the evaluator peers; preparation 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 Registry of Evaluator Peers, organized by disciplinary areas or professions, in which natural persons, Honduran or foreign, who meet the requirements must be registered. Its convocation, registration process, form of operation, competence and fees must be subject to the Regulation of this Law. The peer registry must be used to organize the technical commissions of evaluator peers who, once the verification processes on the self-evaluation reports and compliance with the improvement plans for institutional or program educational quality have been carried out, must issue the corresponding binding opinion on whether accreditation is appropriate or not. CHAPTER III OF ACCREDITATION

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

The implementation of institutional or program accreditation processes is the exclusive responsibility of 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

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, consideration must be given to the current state of educational development in the country, internationally accepted criteria, standards and indicators, and the resulting 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 preceding Article has been considered.

Every five (5) years a review of the criteria, standards and indicators must be conducted, in accordance with changes that occur at the international level and guaranteeing 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 force at the beginning of the process must continue to be applied until its conclusion.

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

This Law repeals those 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 ninety (90) days.

This Law must take effect after its publication in the Official Journal La Gaceta. Given 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, FOR THE LAW GLADIS AURORA LOPEZ CALDERON SECRETARY ELISEO NOEL MEJIA 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