Law on Strengthening Public Education and Community Participation

The purpose of this Law is to strengthen public education through the participation of parents and the community, in order to promote the improvement of educational quality, taking as a foundation the Constitution of the Republic, the Honduran Teacher Statute, and other educational laws.

The objectives of this Law are:

• 1)

  To strengthen public education through the participation of parents and other community actors;

• 2)

  To develop the capacities of communities to contribute to the solution of local educational problems and the optimization of resources allocated to education;

• 3)

  To establish Educational Development Councils as instances of integral and interactive community participation, bringing together different actors at the municipal level and at urban and rural educational centers to contribute to the improvement of educational quality indicators, in accordance with the guidelines, national and local planning in accordance with the policies of the State Department of Education and established in the Plan of the Nation;

• 4)

  To harmonize efforts so that the State Department of Education fulfills the role of facilitator of technical and financial resources, in support of achievements in accordance with educational indicators at the local level, and,

• 5)

  To encourage teachers, students, parents, and educational centers that achieve qualitative and quantitative improvements in the fulfillment of educational quality indicators.

For the purposes of this Law, the following Structure of Community Participation is established: 1) THE SCHOOL COUNCIL FOR DEVELOPMENT The School Council is the instance of participation of teachers, students, parents, and the community at the level of the educational center, which formulates and coordinates within the framework of the Educational Project of the center, actions for the improvement of the indicators on the subject; and, 2) THE MUNICIPAL COUNCIL FOR EDUCATIONAL DEVELOPMENT (COMDE), is the instance of participation at the municipal level that cooperates in educational management, formulates and coordinates strategic plans aimed at achieving goals and improving educational indicators. In those municipalities where there is more than one educational district, the State Department of Education shall establish District Councils for Educational Development in which the same regulations as the Municipal Council for Educational Development (COMDE) shall be applied. For the integration of these Councils, the presence of a simple majority of their members shall suffice.

The School Council for Development of the Educational Center is composed as follows:

• 1)

  A representative of the organizations of Parents and Families, who shall preside over it;

• 2)

  A representative of the Teachers' Council of the Educational Center;

• 3)

  A representative of the student government of the Educational Center;

The School Councils for Development of Educational Centers have the following powers and functions:

• 1)

  To participate in the preparation and execution of the Educational Project of the Center (PEC);

• 2)

  To support teachers in the management of the quality of the educational center;

• 3)

  To ensure the proper use of funds from free enrollment, school lunch program, and funds from other social programs that are developed in the educational center, within the framework of the Law of Transparency and Access to Public Information;

• 4)

  To report monthly to the Municipal Council for Educational Development (COMDE), and to educational authorities, on compliance with the academic calendar and other relevant activities of the educational center;

• 5)

  To monitor the effective presence of appointed personnel in the educational center, and to promote the correct application of technical and financial resources, using as reference the information provided by the State Department of Education;

• 6)

  To ensure the proper use of resources transferred as an incentive for school infrastructure, sports facilities, and learning resources; and,

• 7)

  To contribute to the educational transformation process through the application of the current National Basic Curriculum.

The Municipal Council for Educational Development (COMDE) is composed as follows:

• 1)

  The District Director of Education, who shall preside over it;

• 2)

  One (1) representative, member of the Municipal Corporation, elected in an Ordinary Session;

• 3)

  One (1) representative of the Councils of Directors of the municipality;

• 4)

  One (1) representative of Student Governments of the municipality;

• 5)

  One (1) representative of the Teaching Leadership of the municipality, elected by the Teaching Colleges;

• 6)

  One (1) representative of organizations of parents and families of the municipality by educational level;

• 7)

  One (1) representative of the Community Councils (Patronatos) of the Municipality, legally constituted;

• 8)

  One (1) representative of the beneficiaries of social educational programs and projects that are being executed in the Municipality;

• 9)

  One (1) representative of Non-Governmental Organizations that carry out activities related to education, that have a presence in the Community;

• 10)

  Two (2) representatives from churches present in the Municipality, respecting the constitutional principle that education is secular;

• 11)

  One (1) representative of universities with a presence in the Municipality, if any;

• 12)

  One representative of the Municipal Transparency Commission;

• 13)

  One representative of Human Rights;

• 14)

  The municipal population coordinator or equivalent; and,

• 15)

  One representative of Retired and Pensioned Teachers of Honduras of the Municipality. The Municipal Councils for Educational Development (COMDE) that are already integrated shall be subject to the provisions of this Law so that they may have the correct integration of the persons who are part of the Municipal Council for Educational Development (COMDE). The members of the Municipal Council for Educational Development (COMDE) shall serve without compensation.

The Municipal Council for Educational Development (COMDE) shall have the following functions and powers:

• 1)

  To formulate and coordinate the preparation, execution, and monitoring of the strategic educational plan of the Municipality, in consonance with the policies of the State Department of Education and taking into account the planning of the Educational Development Councils;

• 2)

  To know about initiatives, programs, and local educational projects;

• 3)

  To provide support to the various community actors who participate in education;

• 4)

  To contribute to generating, maintaining, and periodically disseminating information on educational indicators in coordination with the District and Departmental Directorates of Education;

• 5)

  To monitor the results of evaluation reports and statistics conducted by the State Department of Education, through the General Directorate for Evaluation of Educational Quality (DIGECE), to have an impact on the improvement of educational indicators;

• 6)

  To request that the Municipal Corporation convene at least two (2) open town meetings each year on the topic of education, to discuss educational issues in the terms established by the Law of Municipalities. In one of them, at least the following shall be addressed: a) The general results of the indicators of school performance of the Municipality, provided by the State Department of Education; and, b) A Report of goals and achievements attained, as well as any other relevant information within the framework of the objectives of this Law.

• 7)

  To propose to the Municipal Corporation, the adoption of measures that contribute to the improvement of educational quality;

• 8)

  To process the reports that the school councils formulate for the improvement of education, in accordance with the functions and structure of positions at the educational center, ensuring compliance with what is stipulated in the Teacher Statute Law;

• 9)

  To monitor the information received from the school councils and contribute to the solution of the problems found in the educational center;

• 10)

  To contribute to the educational transformation process through the application of the current National Basic Curriculum;

• 11)

  To create a culture of accountability based on the proposed goals; and,

• 12)

  To promote the creation, sustainability, and training of district and school councils for educational development.

Within the framework of the Law for the Establishment of a Country Vision and the Adoption of a Plan of the Nation for Honduras, the Municipal Council for Educational Development (COMDE) must establish links with Regional Development Councils to coordinate actions that contribute to the improvement of educational quality and development of the country.

The District Council for Educational Development shall be composed of:

• 1)

  A member of the Municipal Corporation that corresponds to the Educational District;

• 2)

  The District Director of Education;

• 3)

  A representative of the Councils of Directors;

• 4)

  A representative of Student Governments;

• 5)

  A representative of the Associations of Parents and Families of the School District;

• 6)

  A representative of the Community Councils (Patronatos) of the School District; and,

• 7)

  A representative of Non-Governmental Organizations that operate in the Municipality that corresponds to the Educational District. The members of the Councils contemplated in these subsections, during their tenure for a period of two (2) years and able to be re-elected or removed in accordance with the decision of those who proposed them in their case, such functions shall be ad-honorem.

To strengthen educational quality, the State Department of Education must:

• 1)

  Ensure the allocation of human, material, and financial resources to the District Directorates for the monitoring and follow-up of factors that impact educational quality and others that are within its purview according to the Law;

• 2)

  Apply the curriculum and pedagogical procedures of the pre-basic, basic, and secondary levels within the framework of the Education for All Plan (EFAS);

• 3)

  Prioritize the fulfillment of educational quality goals established in the Country Vision and Plan of the Nation and, in accordance with international commitments;

• 4)

  Adhere to programs for international student assessment;

• 5)

  Establish the National and local system for measuring educational quality;

• 6)

  Create a network of information services, complaints, and citizen attention, linked to the strengthening of community participation;

• 7)

  Ensure continuous training of District Directors for the fulfillment of the goals and purposes established in this Law; and,

• 8)

  Establish procedures and regulations necessary to transfer financial resources to school councils, in order to be applied to the infrastructure of the educational center.

Educational authorities, in their different instances, are obligated to attend, investigate, and process requests, complaints, and proposals submitted by the councils created within the framework of this Law. Non-compliance with this provision shall give rise to the imposition of civil, administrative, or criminal liability as appropriate.

The Municipal Councils for Educational Development (COMDE) shall present to the State Department of Education a report of their achievements and a list of educational centers that comply with the academic calendar, improvement of student performance, and reduction of school dropout and grade repetition, which shall serve as the basis for opting for incentives granted by the Central Government through the State Department, which are as follows: 1) Financial resources that shall be transferred to educational centers through School Councils, for the following purposes:

• a)

  INCENTIVES TO STUDENTS; Consisting of study scholarships at national and international levels, bonuses, educational exchanges, and other benefits that are created;

• b)

  INCENTIVES TO TEACHERS; In addition to their legal rights, they shall be benefited with economic recognition, training and education scholarships at national and international levels; and,

• c)

  INCENTIVES TO THE EDUCATIONAL CENTER; Consisting of financial resources for school infrastructure, sports facilities, and learning resources such as: technological equipment, internet connectivity, laboratories, workshops, furniture, libraries, textbooks, teaching materials, and others that serve to improve the educational quality of the center. 2) Honorific public recognition to teachers, students, parents, Mayors, and educational centers that stand out in educational activities. The Regulations of this Law must establish the procedure for granting each of the incentives enumerated in this Article.

INCENTIVES FOR COMMUNITY PARTICIPATION: The municipalities, through their Municipal Councils for Educational Development, shall present to the State Department of Education, a report of their achievements and a list of educational centers that comply with the academic calendar, improvement of student performance, and reduction of school dropout and grade repetition, to opt for the following incentives:

• 1)

  Financial Resources that the Central Government allocates through the State Department of Education or other departments, these shall be transferred to educational centers through School Councils;

• 2)

  Learning resources such as: technological equipment, internet connectivity, laboratories, workshops, furniture, libraries, textbooks, teaching materials, and others that serve to improve the educational quality of the center;

• 3)

  Public recognition by the State Department of Education to mayors, teachers, students, parents, and educational centers; and,

• 4)

  The State Department in the Departments of Interior and Population jointly with the State Department of Education shall promote the organization, training, and operation of community councils for educational development.

The State Department of Finance shall guarantee an additional allocation to any other similar one included in each fiscal year of at least Fifty Million Lempiras (L.50,000,000.00), allocated to grant the incentives enumerated in Article 12 of this Law, aimed at those municipalities that achieve the best qualitative and quantitative achievements in the fulfillment of indicators of improvement in educational quality, resources that shall be invested exclusively for this purpose.

The National Commission for Quality in Public Education is created, which shall be composed as follows:

• 1)

  A member of the State Department of Education, through the General Directorate for Evaluation of Educational Quality (DIGECE), who shall preside over it;

• 2)

  A member of the State Department of Interior and Population;

• 3)

  A member of the Association of Municipalities of Honduras (AMHON);

• 4)

  A member representative of Institutions or Non-Governmental Organizations of recognized trajectory in support of education;

• 5)

  A member representative of organizations of parents and families at the national level; and,

• 6)

  A member representative of the teaching leadership, elected from the Teaching Colleges.

The National Commission for Quality in Public Education must:

• 1)

  Ensure the applicability of the official standards established by the Secretary of State in the Office of Education, with respect to the measurement of educational quality in the country, through national and international tests;

• 2)

  Verify the application of evaluation criteria for the achievements obtained in the Municipalities and Educational Centers taking into account the level, the particular circumstances and/or the zone being evaluated, as well as the allocation and awarding of the incentives contained in this Law; and,

• 3)

  Establish the general guidelines for local participation in the improvement of educational quality.

The resources that municipalities allocate to educational activities within the framework of this Law shall be considered as investment.

The Community Councils for Educational Development have legal personality to perform the functions and powers conferred upon them by this Law and its Regulations; they shall be validated by the Secretary of State in the Offices of Interior and Population through the Departmental Governorships by means of simple presentation of the election minutes of their members in accordance with democratic rules, without any cost or formalities, and without the need for legal representation.

To guarantee, among other benefits, timely payment to teachers, and transparency in the management of financial resources, the Secretary of State in the Office of Education is authorized to initiate the decentralization process of the personnel administration system, in accordance with the programming developed by the aforementioned Secretary of State, taking as reference the structure adjusted by the organization and functions in accordance with the processes and modernization mechanisms of the State, Vision of Country, and National Plan.

The National Congress shall appoint a Monitoring Commission for the application of this Law, which shall have semiannual reports on the achievements or difficulties encountered in its application, making timely recommendations to the Plenary of the Legislative Branch.

The Secretary of State in the Office of Finance is authorized, jointly with Budget Commissions I and II of the National Congress, to identify within national and/or foreign funds, the necessary resources for addressing requirements for the improvement of educational quality, such as: Acquisition of school furniture and equipment; construction, repair, and improvement of educational centers and other related matters. Likewise, the aforementioned Secretary of State is authorized to identify, within national funds appropriated in the General Budget of Revenue and Expenditures of the Republic for Fiscal Year 2011, the amount of Eleven Million Lempiras (L.11,000,000.00), which must be allocated to the Technical Secretariat of Planning and External Cooperation, in Program 16, Executive and Technological Development Projects, Project 001, (APRENDE PROJECT), and Activity/Work 001, (Direction and Coordination of the Project), said allocation shall remain in effect annually in the Budget of the Technical Secretariat of Planning and External Cooperation (SEPLAN). The monitoring that the National Congress will provide of a general nature throughout the country shall be through the National Congress Monitoring Commission and at the departmental level with the participation of the deputies from each Department.

For the strengthening of the Departmental, District, and Municipal Offices of Education, the Secretary of State in the Office of Finance, in coordination with the Secretary of State in the Office of Education, in accordance with what this Law establishes, must initiate the process of creating the budgetary structure and administration of the positions of administrative technical assistants and their training process; who, under the direction of the Departmental District and Municipal Directors of Education respectively, are responsible for administration in the Educational System within the spatial scope where they exercise their authority. The personnel appointed to these positions shall perform them on a full-time basis and may not perform other functions within the Educational System regulated by the Law of the Honduran Teaching Statute and shall receive only the salary corresponding to the related administrative position.

This Law shall be regulated by the Executive Branch through the Secretary of State in the Office of Education, within sixty (60) days from its publication.

This Decree shall enter into force as of the day of its publication in the Official Gazette "LA GACETA". Given in the city of Tegucigalpa, Municipality of the Central District, in the Session Room of the National Congress, on the fifth day of the month of April of Two Thousand Eleven. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Execute It. Tegucigalpa, M.D.C., April 25, 2011. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF EDUCATION. JOSÉ ALEJANDRO VENTURA SORIANO THE SECRETARY OF STATE IN THE OFFICE OF FINANCE. WILLIAM CHONG WONG