Law of the Honduran Institute of Educational Physical Infrastructure INHIFE

The HONDURAN INSTITUTE OF EDUCATIONAL PHYSICAL INFRASTRUCTURE (INHIFE) is created as a decentralized body of the State Secretariat of the Education Secretariat, with administrative and financial independence, whose purpose is to coordinate physical educational infrastructure projects and programs in educational centers under the responsibility of the State Secretariat of the Education Secretariat, as well as to issue general regulations for school construction. The Honduran Institute of Educational Physical Infrastructure (INHIFE) shall not in any case execute the physical works referred to in this Law by itself; it shall submit these to bidding, public tender, or lottery in accordance with the importance and amount of the work, provided that they are departmental or municipal, as applicable.

The Institute's attributions are the following:

• 1)

  Regulate educational physical infrastructure in service of the National Education System, establishing general guidelines;

• 2)

  Issue technical norms and specifications for the preparation of studies, projects, works and installations and participate in the preparation of general regulatory standards for the construction of public educational centers, in matters of construction, equipment, maintenance, rehabilitation, reinforcement, reconstruction, reconversion and rehabilitation of educational centers which must be governed under the regulations of the new Construction Code and bioclimatic plans designed by the State Secretariat of the Education Secretariat shall be applied;

• 3)

  The generation of planning processes, so that resources are applied with greater relevance;

• 4)

  Permanently update an information system that includes a database of the physical condition of the facilities of educational centers in collaboration and coordination with the Departmental and District Education Directorates;

• 5)

  Formulate and propose investment programs for the construction, maintenance, equipment, rehabilitation, reinforcement, reconstruction, relocation and reconversion of spaces designated for education provided by the State, in accordance with budgetary provisions, as well as supervise the work, in conformity with the technical norms and specifications issued for such purpose;

• 6)

  Promote the obtaining of financing for the construction, maintenance, equipment, rehabilitation, reinforcement and rehabilitation of property and installations destined for the service of education provided by the State;

• 7)

  Promote, in coordination with departmental and municipal authorities, social participation in the planning, construction and maintenance of educational spaces;

• 8)

  Coordinate measures for the prevention and management of damage caused to educational centers by natural disasters;

• 9)

  Develop research and development programs regarding educational physical infrastructure, new construction systems and architectural projects; design of furniture and equipment, as well as the incorporation of cutting-edge and traditional techniques and materials, ecological, regional, economical and safe;

• 10)

  Enter into research, development and technology exchange agreements regarding educational physical infrastructure with academic bodies and institutions, national and international;

• 11)

  Conduct and promote investigations on pedagogical, technological and educational advances that contribute to having quality educational infrastructure, allowing safety and optimal conditions for students; and,

• 12)

  Link and coordinate the efforts of the private sector that develop educational physical infrastructure projects. It is prohibited to allocate public resources to the construction, maintenance, rehabilitation, reinforcement, reconstruction or rehabilitation of physical infrastructure of private educational centers.

Educational physical infrastructure is understood to mean movable and immovable property destined for education provided by the State within the framework of the National Education System, in the terms of the Fundamental Law of Education and its regulations, as well as to the services and installations necessary for its proper operation. CHAPTER II OF THE QUALITY OF EDUCATIONAL PHYSICAL INFRASTRUCTURE

Educational physical infrastructure must be of quality, safety, functionality, timeliness, equity, sustainability and relevance; the Institute shall promote the participation of local social sectors to optimize and raise the quality of educational physical infrastructure, in the terms indicated by this Law and its Regulation.

In the planning of programs and projects for the construction, equipment, maintenance, rehabilitation, reinforcement, reconstruction and rehabilitation of educational physical infrastructure, the needs of Persons with Disabilities must be taken into account, as well as other special regional or local characteristics. CHAPTER III OF THE ADMINISTRATION OF THE HONDURAN INSTITUTE OF EDUCATIONAL PHYSICAL INFRASTRUCTURE (INHIFE)

The administration of the Institute shall be in charge of:

• 1)

  A Board of Directors;

• 2)

  Executive Director; and,

• 3)

  The administrative units necessary for its proper functioning that shall be approved by the Board of Directors.

The Board of Directors is composed of:

• 1)

  The State Secretary of the Education Secretariat, who shall preside over it;

• 2)

  A representative of the State Secretariat of the Finance Secretariat;

• 3)

  A representative of the Technical Secretariat of Planning and External Cooperation;

• 4)

  A Representative of the Association of Municipalities of Honduras (AMOHM);

• 5)

  A Representative of the National Commission for Evaluation, Accreditation and Certification of the National Education System (CONEVAL);

• 6)

  A representative of the Federation of Magisterial Organizations (FOMH);

• 7)

  A representative of the National Commission for the Development of Alternative Non-Formal Education (CONDANFO);

• 8)

  A representative of the Educational Development Councils; and,

• 9)

  A representative of associations or societies of parents and families.

To support its functions, the Board of Directors shall have an Executive Secretary.

The Board of Directors shall meet validly with the attendance of at least half plus one of its members. Its resolutions shall be adopted by majority vote; in case of a tie, the President shall have a deciding vote.

The Board of Directors shall hold ordinary sessions once a month, in accordance with what the Regulation establishes. The President of the Board of Directors of the Institute may call extraordinary sessions to address urgent matters.

The Board of Directors shall have the following attributions:

• 1)

  Enact its Internal Regulations;

• 2)

  Establish the general policies for the development of the Institute's activities;

• 3)

  Approve, supervise and evaluate the plans and programs of the Institute;

• 4)

  Approve the budget of the Institute;

• 5)

  Approve the activity reports and financial statements presented to it by the Executive Director;

• 6)

  Approve, upon proposal of the Executive Director, the appointment of the heads of the units that assist it in the administration of the Institute;

• 7)

  Approve the Regulations of the Institute; and,

• 8)

  Such others as are necessary for the functioning of the Institution.

The Institute shall have within its organizational structure an Internal Audit, whose function shall be to support the improvement of management of this entity. The heads of the Internal Audit shall be appointed and removed by the Board of Directors in accordance with the Regulation.

The Executive Director shall be appointed and removed freely by the Board of Directors of the Institute.

The Executive Director shall have, in addition to the following attributions:

• 1)

  Administer the Institute;

• 2)

  Legally represent the Institute;

• 3)

  Enter into all kinds of legal acts necessary for the development of the attributions and the fulfillment of the objectives of the Institute;

• 4)

  Comply with the agreements and decisions of the Board of Directors and report to it on their compliance;

• 5)

  Submit to the Board of Directors quarterly, semiannual and annual activity reports, as well as the financial statements corresponding to each fiscal year;

• 6)

  Propose to the Board of Directors the approval of the structure necessary for the fulfillment of the objectives of the Institute, as well as its modifications;

• 7)

  Present in a timely manner to the Board of Directors for its approval, the preliminary draft of the annual budget of income and expenses of the Institute; and,

• 8)

  Propose to the Board of Directors the appointment of the heads of the directorates that assist it in the dispatch of business.

The administrative personnel of the Institute shall be subject to the Civil Service Regime.

The Honduran Institute of Educational Physical Infrastructure (INHIFE) shall absorb the functions performed and assets of the General Directorate of School Construction and likewise its auxiliary administrative personnel and employees in the Secretariat of State in the Office of Education, as well as the other State entities that manage issues of School Infrastructure.

The budget for the operation of the Honduran Institute of Educational Physical Infrastructure (INHIFE) shall be included and approved in the General Budget of Income and Expenditures of the Republic for Fiscal Year 2014.

A period of thirty (30) days is granted to the Secretary of State in the Office of Education, once this Decree enters into force, to integrate the Board of Directors of the Institute and likewise ninety (90) days is granted for the issuance of the respective regulations derived from this Law.

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 Hall of the National Congress, on the tenth day of the month of June of two thousand thirteen. JUAN RAMON VELASQUEZ NAZAR PRESIDENT RIGOBERTO CHANGCASTILLO SECRETARY ELISEO NOEL MEJIA CASTILLO SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., August 8, 2013. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of Education. MARLON ESCOTO