Fundamental Law of Education

This Law guarantees the human right to education and establishes the principles, guarantees, purposes, and general guidelines of national education. It recognizes the student as the holder of the right and main actor; establishes that the primary purpose of education is the maximum development of their potential and personality, defines the structure of the National Education System, the attributions and obligations of the State, the rights and responsibilities of individuals and society in the educational function. This Law governs educational activities conducted within national territory, developed by natural or legal persons, public, private or mixed, national or foreign, in accordance with the Constitution of the Republic, international instruments of Human Rights, and others applicable to education and culture. This Law is of public order and social interest and it is the duty of the State to protect education.

It is the human right that every person has to access knowledge that promotes the development of their personality and capabilities, under conditions of freedom and equality, having as a cross-cutting axis respect for the dignity of the human being. It corresponds preferentially to parents or legal representatives, the right and duty to educate and choose the type of education their children or wards should receive; to the State, the duty to guarantee, respect, and protect the exercise of this right; and, to the community, the duty to contribute to the development, management, and improvement of education.

This Law has as its purpose to guarantee equitable access for all people without discrimination, to comprehensive quality education.

National education is structured in an integrated system comprised of levels and modalities, which responds in its functioning to the vision of the country and State planning and to the needs, potential, and demands of the population at the national, regional, departmental, and municipal level.

Education is an inescapable duty and essential function of the State, and it is its responsibility to organize and direct the National Education System, as well as to promote and disseminate through various means research, science, technology, art, culture, sports, and to promote values that strengthen national identity.

Education is a public social investment, therefore, those responsible for its administration and management are obliged to account to the Nation based on the achievement of results periodically established, and are subject to the State's oversight activities and social audit.

Education offered in official establishments is free; the State guarantees its financing. Any requirement for economic or in-kind contributions by teachers or educational authorities is prohibited. Violation of this regulation shall be sanctioned in accordance with the respective Regulation.

The State is obliged to provide public education at least from one (1) year of pre-basic education through the secondary level. The State through the State Secretary in the Education Office shall establish the mechanisms for orderly and progressive coverage of this obligation.

It is the obligation of the State to offer to all school-age persons or otherwise, the possibility of access to the National Education System under the terms established in the preceding Article. The State Secretary in the Education Office shall establish the progressive goals for universalization of education.

It is the obligation of parents, mothers or guardians, to ensure that their children or wards of mandatory school age, enroll in a type of pre-basic education, basic education, and secondary education. It corresponds to the State Secretary in the Education Office and the State Secretary in the Social Development Office, to coordinate the State's social policy, to support parents, mothers or guardians, in the fulfillment of this obligation, when necessary. The Educational Development Councils shall be the organisms responsible for ensuring that parents of families or guardians of children comply with the obligation to send them to the corresponding educational centers. Failure to comply with the provisions of this Article shall be sanctioned in accordance with the General Regulation of this Law.

The Constitution of the Republic, in relation to the National Education System, guarantees the following:

• 1)

  To parents, mothers or guardians: The right to choose the type of education they wish for their children or wards; consequently, the State must offer them more than one option to exercise this right;

• 2)

  To teachers: Freedom of teaching, with no more limitations than the right of parents, mothers or guardians to decide on the education their children or wards should receive;

• 3)

  To students: Spaces for participation and initiative in their progressive academic development; and,

• 4)

  To the educational community: The right to participate in decision-making that contributes to the common improvement of the education service and to know the results of the educational process.

The normative hierarchy of the National Education System is as follows:

• 1)

  Constitution of the Republic;

• 2)

  International Instruments of Human Rights and others applicable;

• 3)

  Fundamental Law of Education;

• 4)

  Statute of the Honduran Teacher;

• 5)

  Law Strengthening Public Education and Community Participation;

• 6)

  Code of Childhood and Adolescence;

• 7)

  Special Laws of Education;

• 8)

  Law of Country Vision 2010-2038 and National Plan 2010-2022;

• 9)

  Laws governing Public Administration;

• 10)

  General and Special Regulations of Education;

• 11)

  General applicable regulations;

• 12)

  Administrative agreements and provisions; and,

• 13)

  General Principles of Law.

The National Education System is based on the Constitution of the Republic, International Instruments of Human Rights, and others applicable; as well as Educational Laws, being based among others, on the following principles, purposes and values: QUALITY OF EDUCATION. It is the achievement of relevant and pertinent learning in the areas of knowledge, values, social practices and requirements of the work world, in accordance with the level of development of students and the objectives set by the National Education System, to acquire the citizenship profile that the country needs. It is the result of multiple processes of improvement of the factors that intervene in education and comprise the educational service, the conditions and ways of learning of students and the opportunities to achieve the intended objectives. GRATUITY. It is the guarantee that all people have to receive the education service offered by the State, without direct economic cost to the student and their family. IMPERATIVENESS. It is the obligation for all people to receive: at least one (1) year of education at the pre-basic level; and in their entirety the basic and secondary levels. EQUITY AND INCLUSION. It is to ensure equal opportunities of access to education without any discrimination and to address special educational needs, cultural diversity, linguistic, social and individual as central elements in development. LIFELONG EDUCATION. It is the process of learning throughout the entire life of the human being. DEMOCRACY. It is the unrestricted respect for human rights, freedom of conscience, thought and opinion, the full exercise of citizenship, universal values and the recognition of popular will, mutual tolerance in relations between persons and between majorities and minorities, as well as the strengthening of the Rule of Law. DIALOGICITY. It conceives the person as a valid interlocutor and opposes any form of paternalism and authoritarianism in pedagogical and social relationships that values and strengthens coexistence, the overcoming of conflicts and the construction of learning. PARTICIPATION. It is to assume commitments in solving problems related to educational management. FREEDOM. It is emancipation, autonomy and full exercise of rights with responsibility and within the framework of the Law. FLEXIBILITY. It is to adapt the educational process to the competencies, aptitudes, interests, expectations and needs of students and the spaces that society, science, culture, art, technology and environment experience. MULTICULTURALISM AND INTERCULTURALISM. It is to recognize, respect and stimulate the different idiosyncrasies and cultural and ethnic identities of the country, its linguistic diversity, its practices and customs; assumes this diversity as wealth and promotes the integration of mutual knowledge and harmonious coexistence of the peoples that make up Honduran society, preserving their languages and promoting the recognition of the development and practice of the same. INTERNATIONALITY OF EDUCATION. It is to establish ties of cooperation and integration between persons and educational institutions in different parts of the world. It generates the mobility of persons, knowledge and programs. It also includes technology transfers, internationalization and interculturalism of learning processes and curriculum. PLURALITY. It is the recognition of diverse epistemological approaches in curricular, didactic and educational research processes; respect for different forms of political and religious thought, as well as different cultural values. SECULARISM. It is the condition of national education of being independent of any organization, confession, association or religious belief. FREEDOM OF TEACHING. It is to teach in accordance with the national curriculum, using methods, techniques and approaches that ensure higher quality education. It promotes a democratic culture in favor of peace and non-violence. ENVIRONMENTAL RESPONSIBILITY. It is the formation of a respectful and responsible awareness of the conservation of the environment, the mutual interdependence and complementarity between living beings and their environment; assuming a commitment to the rational use of natural resources as a concrete expression of solidarity with present and future generations. TRANSPARENCY. It is the free access to information related to academic and/or administrative activities, from parents, students and others who could be part of the educational system, so that all actors in the process fulfill their duties and render public accounts when appropriate. EDUCATION AND WORK. It is to contribute to self-realization and personal development in a humanistic work environment, addressing the needs of the region or population.

National Education shall have the following purposes:

• 1)

  To form students in a comprehensive manner, fostering as a priority love of country, conscious of their duties and rights, with a deep sense of responsibility and respect for human dignity;

• 2)

  To democratize access to knowledge and promote the formation of consciousness and civic participation;

• 3)

  To promote understanding of the diversity, plurality and multiculturalism of human beings, the peaceful coexistence of nations and respect for the self-determination of peoples;

• 4)

  To strengthen the culture of values such as: responsibility, tolerance, solidarity, justice, freedom, respect, honesty, equity, integrity and the culture of peace;

• 5)

  To form a healthy physical, mental and socio-emotional life, cultivating physical education, recreation and sports;

• 6)

  To promote an environmental culture that leads to the rational use of resources, the defense, conservation, protection and recovery of the same for the improvement of quality of life, as well as to promote a culture of risk management;

• 7)

  To develop creative, investigative, scientific, artistic and technological capacities for a continuous process of national development, in line with the demands of a changing world;

• 8)

  To develop the sense of responsibility for the protection and rational management of the country's resources, the capacity for denouncement and the understanding that public goods are collective property; and,

• 9)

  To promote the culture of scientific-literary reading and the ability to read throughout life, to strengthen the development of intelligence and national identity.

The National Education System is comprised of the following components:

• 1)

  Formal Education;

• 2)

  Non-Formal Education; and,

• 3)

  Informal Education. The three (3) components are interdependent and offer different and complementary training options, in accordance with the principles of equity, quality, relevance and efficiency of education. Likewise, they conduct educational activities that by their nature are served by modalities specific to each of them.

Formal Education is organized in a regular sequence of levels in accordance with progressive curricular guidelines, leading to degrees and titles. The school year consists of at least two hundred (200) days of classes or another equivalent unit of measurement. The school year may not be concluded until the established number of days has been completed. Municipal or District Educational Directorates, together with the Educational Centers' Development Councils, are obligated to report annually on the number of days worked at their respective Educational Center, so that corrective measures and, where applicable, corresponding sanctions may be applied in accordance with the Honduran Teacher Statute. When educational authorities fail to comply with this provision, they incur administrative and civil liability.

Non-Formal Education is oriented to satisfy specific educational needs or those different from those served by Formal Education. It develops educational programs and actions for training, professional development, artistic training, productive and labor reconversion, community promotion, and improvement of living conditions.

Formal Education and Non-Formal Education are offered in face-to-face, distance, or mixed modalities.

Informal Education is all knowledge freely and spontaneously acquired, derived from family, persons, entities, mass media, printed materials, digital information and communication tools, traditions, customs, social behaviors, and other unstructured sources. These learnings develop throughout life and are simultaneous with Formal and Non-Formal Education. CHAPTER II FORMAL EDUCATION FIRST SECTION LEVELS OF FORMAL EDUCATION

Formal Education is organized in the following levels:

• 1)

  Pre-Basic Education;

• 2)

  Basic Education;

• 3)

  Middle Education; and,

• 4)

  Higher Education. SECOND SECTION PRE-BASIC EDUCATION

Pre-Basic Education is free and mandatory, and has the purpose of promoting the growth and integral development of physical and motor, socio-affective, linguistic, and cognitive capacities in children, for their total adaptation to the school and community context. The coverage of this level corresponds to students between the reference ages of four (4), five (5), and six (6) years. To enter basic education, where coverage conditions exist, it is required to have completed at least one (1) year of pre-basic education. THIRD SECTION BASIC EDUCATION

Basic Education is the educational level oriented toward the integral formation of students in their physical, affective, cognitive, social, cultural, moral, and spiritual dimensions, developing their capacities in accordance with the knowledge, skills, and attitudes defined in the curriculum prescribed for that level, which enable continuation of the formal educational process. Basic education is free and mandatory. It consists of nine (9) years, with reference ages from six (6) to fourteen (14) years, and is divided into three (3) sequential and continuous cycles of three (3) years each. In addition to annual evaluation, each cycle shall be evaluated as a whole. FOURTH SECTION MIDDLE EDUCATION

Middle Education has the purpose of offering the formative experience to enter the world of work and/or continue studies at the higher level, through the acquisition and construction of knowledge, skills, and attitudes relevant to their personal and social life; as well as for the economic, sociocultural, scientific, and technological development of the country. It comprises reference ages between fifteen (15) and seventeen (17) years, and the acquisition shall give rise to the awarding of a title in accordance with the academic degree determined by the Secretary of State in the Office of Education. Middle education is free and mandatory. The modalities and specialties of this level are based on pedagogical, technical, and scientific criteria. FIFTH SECTION HIGHER EDUCATION

Higher Education is the educational level accessible to students after having completed Middle Education. University or higher education is subject to a special law. CHAPTER III NON-FORMAL EDUCATION

Non-Formal Education comprises:

• 1)

  Initial education;

• 2)

  Technical professional training;

• 3)

  Vocational education; and,

• 4)

  Education for the satisfaction of basic needs.

Non-Formal Education is developed in specific, organized, flexible, and diversified contexts that promote integral human development and certifies the capacities and skills of students. It is not oriented toward obtaining academic titles and comprises the organization of various contexts for permanent learning. It contemplates the training of parents, guardians, and other family members for the care of initial education and is articulated with social policies on child development. Initial education is directed to children from zero (0) to three (3) years of age. Other components of Non-Formal Education, such as age criteria, responsibility regarding competence, coverage, and duration, are regulated by specific laws and regulations on the subject and the General Regulation of this Law. CHAPTER IV EDUCATIONAL MODALITIES

These are the organizational and curricular options offered by the National Education System, under the principles of integrality, equity, and inclusion of all groups and persons, to respond to specific training requirements, whether of a permanent or temporary nature. The educational modalities are, among others:

• 1)

  Education for persons with different or exceptional capacities;

• 2)

  Education for youth and adults;

• 3)

  Education for indigenous and Afro-Honduran peoples;

• 4)

  Artistic education;

• 5)

  Physical education and sports;

• 6)

  Home education; and,

• 7)

  Education for social prevention and rehabilitation. Through regulation, other special educational modalities may be addressed, and likewise, the manner in which these may be developed at the different levels established in this Law may be determined. The definitions of educational modalities are as follows: Education for persons with different or exceptional capacities: Is the set of services, techniques, strategies, knowledge, and pedagogical resources, intended to ensure an integral, flexible, and dynamic educational process for persons with special or exceptional capacities, which allows the process of academic and social integration of such students. Education for youth and adults: Comprises a set of formal and non-formal learning processes, offered in an open and flexible manner to promote access of youth and adults to different alternatives of education. Youth and adults may begin, interrupt, and resume their own training program in accordance with their particular needs and development possibilities. This modality includes literacy programs. Education for indigenous and Afro-Honduran peoples: Is the education offered by the National Education System based on full recognition of the multilingual and multicultural character of the Nation. It contributes to preserve and strengthen the language, worldview, and identity of indigenous and Afro-Honduran peoples. The State is obligated to apply the regulations of Intercultural Bilingual Education (EIB). Artistic education: Is that which fosters and develops aesthetic sensitivity and the creative and expressive capacity, through diverse languages and media that channel emotions. Physical education and sports: Integral and harmonious development of the physical, affective, and cognitive capacities of the person, to promote a better quality of life, within a framework of cooperation and healthy competition. Home education: Is the process that develops the education of persons in the context of the home or in community circles outside educational establishments. This education may be offered in the following forms: a) Free or non-school education; and, b) Curricular education, under the supervision of an educational establishment of the corresponding level. The Regulation shall establish the requirements for certification of studies conducted through this modality. Education for social prevention and rehabilitation: Is oriented to persons deprived of liberty, as well as to persons in abandonment under the guardianship of charitable institutions; and to children and youth in social risk. It is provided as part of comprehensive programs, with participation of central and local government and civil society. TITLE III ADMINISTRATION OF THE NATIONAL EDUCATION SYSTEM CHAPTER I STRUCTURE OF ADMINISTRATION FIRST SECTION NATIONAL EDUCATION COUNCIL

The National Education Council is hereby created with the responsibility of developing and following up on national educational policy, as well as articulating horizontally and vertically the National Education System. The National Education Council is composed of:

• 1)

  The President of the Republic, who presides over it;

• 2)

  The Secretary of State in the Office of Education;

• 3)

  The Secretary of State in the Offices of Planning and External Cooperation (SEPLAN);

• 4)

  The Secretary of State in the Office of Finance;

• 5)

  The Secretary of State in the Office of Social Development;

• 6)

  A representative of the Higher Education System of Public Universities;

• 7)

  A representative of the Higher Education System of Private Universities;

• 8)

  A representative of the National Forum for Convergence (FONAC); and,

• 9)

  A representative of the National Competitiveness Commission. The National Education Council has a Technical Advisory Committee composed of a representative of the following Universities: a representative of the Francisco Morazán National Pedagogical University; a representative of the Parents' Association; a representative of the Federation of Magisterial Organizations of Honduras; a representative of the Federation of University Professional Colleges of Honduras; a representative of Investment Promotion and Export Organizations; a representative of Economic Research Organizations, Technological and Professional Training; and, a representative of the Association of Municipalities of Honduras and other entities that the National Education Council deems appropriate to convene. The National Education Council may invite other relevant institutions or persons that contribute in a specialized manner to the analysis of the topics addressed for decision-making. The National Education Council shall issue its regulation and the mechanisms for follow-up and evaluation of national education policy.

Without prejudice to other powers of its competence, it corresponds to the Secretary of State in the Office of Education, through its structures, to execute within the scope of its competence, the national educational policy established by the National Education Council.

Education at all levels of the Formal Educational System, except the higher level, shall be authorized, organized, directed, and supervised exclusively by the Executive Power through the Secretary of State in the Office of Education.

The administration of human and financial resources under the charge of the Secretary of State in the Office of Education shall be carried out in a decentralized manner at the departmental level. The Secretary of State in the Office of Education, through the corresponding departments, has the responsibility to develop the technical, financial, and operational capacities of the departmental directorates. Likewise, to supervise the delegated administration by virtue of this Law, without prejudice to the function of the State's control bodies.

The Secretary of State in the Office of Education must develop in a decentralized manner a national system of quantitative and qualitative educational information, generated from educational centers and with processing at the municipal or district, departmental, and national levels. This system must provide valid and reliable information for the monitoring and evaluation of the policy, objectives, and results of national education, in physical and electronic formats. Among other data, the system must contain, register, and process: information about educational centers, purchased teaching positions and vacancies, students, days of classes taught, performance indicators, quality and warmth, pedagogical structure, curricular structure, planning, evaluations, verification and application of academic calendars by grade, ensuring public access to its content. It is the responsibility of the Secretary of State in the Office of Education to protect, in coordination with specialized academic institutions, research processes that analyze and interpret the information obtained. Likewise, every three (3) months the Departmental Director and his work team shall render a public report of this system through the means of communication established in his department; and must also publish the same in bulletin boards located in visible places of the main office and through a portal or web page, with the purpose that citizens can expeditiously access the information.

Personnel who perform administrative positions in the Educational System must have the required academic training and be regulated by the Civil Service Regime. This provision is not applicable to administrative teaching personnel of the educational centers.

The budget of the Secretary of State in the Office of Education must be formulated based on proposals generated by the School Development Councils of the Educational Centers. The directives issued by the Secretary of State in the Office of Education for the preparation of the budget shall take into account the financial capacity of the State.

The construction, maintenance, equipping, rehabilitation, repair, and improvement of the physical infrastructure of educational centers shall be carried out under accessible technical criteria. The pedagogical infrastructure shall be in accordance with the educational modalities and curriculum, as the case may be; both must be adapted to the differentiated needs of students, with the purpose of improving the educational service. THIRD SECTION OF THE DEPARTMENTAL DIRECTORATES

The Departmental Directorates of Education have under their charge the administration of human and financial resources within their jurisdiction. The Departmental Directors of Education shall be selected through a competition in public hearing, open and mandatorily with the presence of representatives of the Municipal or District Councils of Educational Development, who shall attest that the suitable selection is made. The head of the Secretary of State in the Office of Education shall make the appointment of whoever obtains first place in the public competition, within fifteen (15) days from the date of selection and this person shall only be removed for the causes established in the General Regulations of this Law, respecting due process. The Departmental Directors of Education shall serve in their positions for a period of three (3) years and may compete again; whoever holds it must render a bond in accordance with what is established by the Superior Court of Accounts. The provisions of this Article are also applicable to the District and Municipal Directors of Education, with the exception of what relates to the bond that the Departmental Directors must render.

The Departmental Directorates shall have a supervision unit with personnel specialized in the area and properly equipped logistically and financially for the fulfillment of its functions, which must be directed by the person who is selected under the same terms and procedures by which the Departmental Directors are selected and appointed; this shall function with autonomy and independence from the Departmental Directorate.

The Departmental Directors and the teaching personnel who perform in the Departmental Directorates of Education must be appointed to exercise a full working day, consequently, they may not work in other paid positions within the National Educational System and any other salary they receive in the exercise of teaching while performing such positions shall be remissible by the Superior Court of Accounts. Under no circumstances may budgetary structures or teaching personnel corresponding to the educational centers be used for the performance of functions in such Directorates, nor for the payment of salaries of the Officials and Employees of the Departmental Directorates. The violation of what is provided in this Article shall give rise to deducing the corresponding administrative, civil, and criminal responsibility.

The opening and expansion of educational centers, as well as the creation of teaching positions, shall be the exclusive attribution of the Secretary of State in the Office of Education through the Departmental Directorates; they may be made based on requests from the District or Municipal Directorates of Education, Municipal Municipalities, Community Vital Forces, Municipal or District Councils of Educational Development, and Local Development Councils, adhering to the criteria established in the General Regulations of this Law. For this purpose they must prepare the technical and financial justification, which must be incorporated into the Operational Plan and the corresponding Annual Budget Project of the Secretary of State in the Office of Education. Likewise, pertinent measures must be taken to prevent manipulation in the creation and assignment of teaching positions. The violation of what is provided in this Article shall give rise to the application of what is established in the corresponding administrative, civil, and criminal legislation.

The Departmental Directorates of Education are subject to periodic audits in the administrative, financial, and systems order, whose conclusions shall serve to take management measures and to render accounts to the corresponding body. FOURTH SECTION OF THE DISTRICT AND MUNICIPAL DIRECTORATES

The District and Municipal Directorates of Education are technical units of pedagogical advisory, oriented to facilitate the fulfillment of educational goals and quality learning in educational centers, under the authority of the Departmental Directorate. For the fulfillment of their functions, they must have the allocated operational budget. The position of District or Municipal Director, in addition to the administrative and technical pedagogical nature of its functions, shall have its own budgetary structures. The Directors and Teaching Personnel who perform in the District Directorates or in the Municipal Directorates of Education must be appointed to exercise a full working day, consequently, they may not work in other paid positions, nor be appointed in other positions within the National Education System. Under no circumstances may budgetary structures or teaching personnel corresponding to educational centers be used for the performance of functions in each Directorate, nor for the payment of salaries of officials and employees of the District and Municipal Directorates of Education. The violation of this provision shall give rise to reparos and to the deduction of the corresponding administrative, civil, and criminal responsibility. FIFTH SECTION OF EDUCATIONAL CENTERS

The Educational Centers constitute the foundation of the National Education System, with the participation of administrative and teaching personnel, students, parents, and the community in their area of influence.

The Direction of the educational center is responsible for pedagogical management and the quality results of educational action. It attends to pertinent administrative actions as well as the preparation of the annual budget based on the needs of the school center.

Budgetary structures are assigned to educational centers based on a planning process and may only be reassigned, canceled, or transferred to another educational center by the Departmental Directorate based on pedagogical-technical reasons duly justified and with the agreement of the Municipal or District Council of Educational Development where the budgetary structure is located.

The owners of farms, factories, and other production centers in rural areas are obligated to establish or maintain basic education schools for the benefit of the children of their permanent workers, provided that the number of school-age children exceeds thirty (30) and in border zones twenty (20). The owners may also finance the studies of the children of their employees and/or provide other educational modalities in accordance with this Law. The Secretary of State in the Office of Finance shall authorize the deduction from Income Tax for the expenses incurred by the natural or legal persons referred to in this Article. CHAPTER II OF EDUCATION MANAGEMENT

The management of education is a set of processes that are developed within the framework of public policies, with the objective of universalizing the right to education, promoting, supporting and improving the quality of learning processes and ensuring that their results respond to the basic needs and aspirations of the educational community.

The management of the National Education System is decentralized, simplified, efficient, participatory, flexible and free from political party and union interference. Society is part of educational management through Community Educational Development Councils, in their respective spheres. CHAPTER III OF NON-GOVERNMENTAL EDUCATIONAL INSTITUTIONS

Any natural or legal person has the right to establish educational centers, provided that these are framed within respect for the Constitution of the Republic and the Law. Within these there shall be societies of parents elected democratically, which are overseers of decisions affecting the common good of the institution. This same provision applies to decentralized State institutions.

Non-governmental educational institutions are subject to the supervision of the Secretaría de Estado in the Despacho de Educación, contribute to the expansion, diversification and improvement of the educational process in terms of coverage and quality of Formal and Non-Formal Education. They are created and administered with resources from natural or legal persons. These may be: community-based, cooperative, business-based or any other form of administration that may be created in the future. In their operation, these services are obligated to comply with the norms established in this Law, Special Laws and the Regulations of the National Education System that are applicable.

The National Congress of the Republic shall create a decentralized body with administrative and financial autonomy to satisfy the needs of physical infrastructure, to which by law, all existing programs and bodies serving these purposes must be incorporated. The respective regulations shall be issued within sixty (60) days from the effective date of this Law.

The General Regulations of the Secretaría de Estado in the Despacho de Educación must specify its organization, internal functions and articulation with other institutions of the National Education System. CHAPTER IV OF THE FINANCING OF PUBLIC EDUCATION

Public resources allocated to the financing of Education shall be considered social investment.

The Secretaría de Estado in the Despacho de Educación shall formulate its strategic plan and annual budget based on results-oriented programs.

The allocation of national public funds to education shall be established under criteria of rationality and equity among educational levels and with emphasis on educational reforms within the framework of this Law.

In no case shall the administrative expenses of the Departmental Directorates exceed thirty percent (30%) of the budget allocated for the corresponding period. Not included in the aforementioned budget are: teacher salaries, conditional cash transfers, physical infrastructure construction, pedagogical infrastructure, alternative modalities and other expenses required in the educational process. Violation of this provision shall result in administrative, civil and criminal liability.

The Executive Branch shall establish a budget line item intended to grant scholarships, conditional monetary transfers and study aids to students in conditions of social vulnerability and academic excellence, through the Community Educational Development Councils, to guarantee equity in the exercise of the right to education and to promote development strategies. TITLE IV EDUCATIONAL MODEL CHAPTER I OF THE EDUCATIONAL MODEL

The National Education System is inspired by values, principles, purposes, foundations and modes of procedure that are its own. The model of the National Education System is open; it encompasses all educational modalities. It uses diverse sociological, pedagogical, psychological and epistemological approaches that support the development and application of study programs and the systematization of the educational process.

The educational model must continuously address the development of learning theories that favor the central and protagonistic role of the student in the process of appropriation and construction of knowledge. CHAPTER II OF THE CURRICULUM OF NATIONAL EDUCATION

The Curriculum, as basic regulation of the National Education System, defines the set of competencies, objectives, contents, methodological criteria and assessment of learning that students must achieve at a given educational level. The Curriculum of national education must be articulated horizontally and vertically; it shall develop conceptual, procedural and attitudinal contents.

The national Curriculum must incorporate in the different modalities of the National Education System from the pre-basic level, at least: the teaching of the English language, teaching in their native languages to indigenous and Afro-Honduran peoples, use of information and electronic communication technologies, as well as the formation and practice of values, such as moral and civic values. For the fulfillment of this obligation, the Secretaría de Estado in the Despacho de Educación must implement programs in an orderly and progressive manner.

The Ministry of State in the Office of Education shall issue directives so that the educational Curriculum is consistent with the history and culture of Honduras, contemplating the distinctive elements of the regions, giving special consideration to indigenous and Afro-Honduran peoples and the territorial and intercultural characteristics. CHAPTER III ON THE SUPERVISION OF THE NATIONAL EDUCATION SYSTEM

In the National Education System, supervision must fulfill two (2) differentiated processes: one aimed at accompanying the teacher's pedagogical work in the classroom and another, oriented to provide administrative follow-up to the resources of the National Education System.

The supervision of Formal and Non-Formal National Education is the responsibility of the Ministry of State in the Office of Education, which must be carried out through specialized personnel and within the framework of the decentralization process. CHAPTER IV ON THE EVALUATION, ACCREDITATION AND CERTIFICATION OF EDUCATIONAL QUALITY

The State guarantees the operation of a national system for evaluation, accreditation and certification of educational quality, whose responsibility falls with flexibility to the characteristics and specificities of each region of the country, of the various educational modalities, such as the in-person system and the distance learning system. A special Law shall establish the institutional framework for the operation of the system.

The evaluation system referred to in this Chapter of information established in this Law, whose information must be supplied to the National Commission for Educational Quality and to the Ministry of State in the Office of Education. The latter shall take the necessary measures for the improvement of educational quality. TITLE V THE TEACHERS CHAPTER I ON THE TEACHING CAREER

Teaching career is the entry, promotion and permanence of those who practice teaching in the National Education System, to which those who possess a professional degree in teaching at the bachelor's level have access, in accordance with the Special Program that the Ministry of State in the Office of Education shall put into effect to comply with the mandate of this Law. The teaching career is regulated by this Law, the Statute of the Honduran Teacher and the respective regulations.

The role of the educator is oriented toward an active role, as a facilitator, counselor, promoter, innovator and researcher in the field of educational practice; it also projects its knowledge in the actions of community activities, which seek to link the educational process with local, regional and national development. CHAPTER II ON INITIAL TEACHER TRAINING

Initial teacher training is the institutionalized process that accredits a person for the professional practice of teaching in one of the levels and modalities of the National Education System, under professional knowledge and competencies. The manner in which it is organized, administered and developed, gives rise to a diverse offering in modalities and contents.

The Ministry of State in the Office of Education shall progressively define the requirements to serve pre-basic, basic and secondary education. The National Council of Education shall establish through regulation the criteria for access to initial teacher training. Applicants must undergo the selection process determined by the Regulation approved by the National Council of Education. CHAPTER III ON CONTINUING EDUCATION

Continuing education is the set of structured and organized processes to provide continuity to initial training, normally currently assumed by a responsible entity that acts in correspondence with the training entity, and which will have to be supported by research and follow-up to teaching work.

Programs for continuing education must be regulated by the Ministry of State in the Office of Education and may be executed by governmental and non-governmental entities.

Continuing education is a right and an obligation of teachers, and the responsibility of the governing bodies of the National Education System. Compliance with this obligation is an essential condition for opting to the incentives of the System. CHAPTER IV ON TEACHER EVALUATION

Teacher evaluation is the systematic process of obtaining valid and reliable data, with the objective of verifying and assessing the educational effect produced in students by the deployment of their pedagogical capacities, their affectivity, labor responsibility and the nature of their interpersonal relationships with the educational community. Teacher evaluation has the purpose of strengthening their capacities and competencies, as a necessary element to improve the quality of education and introduce corrections, which must be carried out through the corresponding National Evaluation System. The results of evaluations shall serve as a fundamental criterion for an incentives plan, the promotion of the teaching career, a plan to improve their performance, under the supervision of the corresponding immediate authority and the oversight of the bodies that make up the educational community. TITLE VI PARTICIPATION OF THE EDUCATIONAL COMMUNITY

The educational community has the right and the duty to be an active part in the management of education in the field of the attributions that correspond to it.

This Law and the Law for the Strengthening of Public Education and Community Participation determine the organization of the Educational Community, including the form of participation of the different actors of the educational process at the corresponding levels.

The participation of parents or guardians in educational institutions is essential in the formation of values and behaviors that constitute the basis of the student's personality. Their function is to support and be informed of the education provided to their children and wards.

The Community Councils of Educational Development have the right to appoint their representatives before the departmental and district selection boards, in order to witness in the public hearings that the results of evaluations are unalterable, and that the appointments and assignment of teachers in the different positions have been carried out in strict compliance with the provisions of the Honduran Teacher Statute. Violation of this Article gives rise to administrative, civil, and criminal liability.

Students formally enrolled in educational institutions have the right to organize their student governments in a democratic manner.

The Municipal Corporation has the responsibility to promote education and to adopt appropriate measures, in coordination with the corresponding educational authorities, so that the right to education of the inhabitants of its territory is effectively exercised. The resolution adopted in the Plenary of the Municipal Corporation is mandatory for compliance by the Municipal Mayor. TITLE VII GENERAL AND TRANSITORY PROVISIONS

The National Education Council, in coordination with the State Secretariat of the Education Office, must promote and conduct forums, seminars, debates, and academic discussion meetings that allow the nation to learn about the nature and scope of this Law.

The National Education Council must issue the pertinent measures, so that the State Secretariat of the Education Office implements a special program to fulfill the mandate of the teaching career with a mandatory bachelor's degree level starting from the year Two Thousand Eighteen (2018).

The State Secretariat of the Education Office, in coordination with the State Secretariat of the Finance Office, must implement on a mandatory basis the administrative mechanisms corresponding to the process of budgetary decentralization.

The AD-HOC Commission for Educational Reform shall be responsible for preparing, through the State Secretariat of the Education Office, within a period of three (3) months, the general regulations and other regulations mandated by this Law, without prejudice to others that may be necessary due to legal provisions or reasons of public interest.

The General Regulation of this Law shall regulate special cases for basic education in those instances where the coverage requirement established in Article 21 of this Law is not met. It is understood that the reference ages in the different levels of Formal Education are not conditioning factors for admission to the National Education System.

The State Secretariat of the Education Office must issue the necessary measures so that Formal Education has alternatives in the humanistic, technical, technological, and artistic areas, at the non-university higher level, which shall be created through the pertinent legal mechanisms.

Electronic connectivity service operators authorized by the National Telecommunications Commission (CONATEL) have the obligation to provide their Internet and data services free of charge to official educational centers where they have coverage.

The corresponding instances of the Legislative and Executive Branches must prepare a compendium of the legal provisions that remain in effect in consonance with this Law.

Within the framework of decentralization established by this Law, the regulatory instruments referenced in Article 93 of the Honduran Teacher Statute, including the Position and Salary Manual and the Teacher Performance Evaluation Manual, must come into effect simultaneously with the Regulation of this Law.

The Departmental Directorates of Education in order to comply with what is established in this Law must: 1) Create budgetary structures to integrate teachers trained in the specialties of: English, computer science, artistic education, special education, physical education and sports; and, 2) Implement in accordance with technical and financial studies, in a programmed and progressive manner, a coverage process that allows reducing single-teacher and dual-teacher schools at the basic and secondary levels, seeking to use, for this purpose, preferably local labor to produce them. For the compliance of this Article the State Secretariat of the Education Office must manage the creation and corresponding budgetary adjustment, without prejudice to contributions from International Organizations or Cooperating Partners.

This Law is a systematic process that requires different programs and structural changes that require financial support, so it must be implemented in a gradual manner, giving priority to annual and multi-year budgets to benefit Education.

This Law shall enter into force twenty (20) days after its Publication in the Official Gazette "La Gaceta". Done in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the nineteenth day of the month of January of two thousand twelve. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., February 22, 2012. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF EDUCATION. JOSÉ ALEJANDRO VENTURA