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ECUADORIAN EDUCATIONAL LEGAL
FRAMEWORK
- It is made up of several legal bodies such as the Constitution of the Republic, the Organic Law of
Education Intercultural (LOEI) and the Regulation to the Organic Law of Intercultural Education.
- According to the Constitution of the Republic of Ecuador, “Education is a right of the people
throughout their life and inescapable duty of the State ”. According to the Ministry of Education of the
Ecuadorian government, regarding the education should distinguish two main concepts.
- 20 BREAKS TO THE EDUCATIONAL STATU-QUO PROMOTED BY THE NEW FRAMEWORK LEGAL
- The following list contains twenty ruptures that arise from the Constitution of the Republic, the
Organic Law of Education (LOEI) and its Regulations. These breakups are of crucial importance
because allow the reconfiguration of an educational system that ensures quality learning for all
Ecuadorians, but especially for those who belong to the most vulnerable groups, and who they have
historically been excluded from formal education systems.
- The twenty ruptures have been classified into four large groups:
- III. Towards the reconstruction of the paradigms
of quality and equity educational, to ensure
better learning for all students:
- 12. The traditional dynamic of quality
improvement is reversed educational, to
ensure that the schools themselves and
the actors of the system become the main
agents of change.
- Mechanisms are defined
that allow to achieve that
their own schools and the
actors themselves of the
system become the main
agents of change
- 13. It seeks to overcome racism,
discrimination and exclusion, by
mainstreaming the interculturality
throughout the educational system.
- The Constitution provides in its
article 343 that “the national
system of education will integrate
a vision intercultural in line with
diversity geographical, cultural
and linguistic of the country, and
respect for the rights of
communities, towns and
nationalities ”. For its part, in the
LOEI and its Regulations propose a
comprehensive strategy through
focus of interculturality, and it is
prescribed that interculturality is
included as cross axis in standards
and educational quality
indicators.
- 14. Important changes are
introduced in some traditional
school practices.
- The General Regulations to the
LOEI introduce changes such as
establish academic honesty as a
fundamental requirement of
school work, reconceptualize
the evaluation as an integral
part of teaching-learning
process, and propose a new
approach to student discipline
(...)
- 15.All students are allowed access to the
same educational opportunities through
Unified general baccalaureate.
- The LOEI and its Regulations
establish a new program of
Unified General Baccalaureate,
in the one that all students
take the "common trunk",
which is a group of core
subjects aimed at that acquire
certain common essential
learnings. Complementarily,
and in based on their
interests, students have the
possibility to select between
two options: The Bachelor of
Science and Technical
Baccalaureate.
- 16. The national educational
evaluation system is strengthened
with the creation of the National
Institute for Educational Evaluation.
- The Constitution in its Article
346, provides that "There will
be an institution public, with
autonomy, of comprehensive
internal evaluation and
external, that promotes
Quality of education"; the
LOEI in its article 67 creates
the National Institute of
Educational Evaluation, such
as an independent instance
of the Ministry of Education,
"With autonomy
administrative, financial and
technique".
- The Constitution in its Article
346, provides that "There will
be an institution public, with
autonomy, of comprehensive
internal evaluation and
external, that promotes
Quality of education"; the
LOEI in its article 67 creates
the National Institute of
Educational Evaluation, such
as an independent instance
of the Ministry of Education,
"With autonomy
administrative, financial and
technique".
- The LOEI and its Regulations
establish a new program of
Unified General Baccalaureate,
in the one that all students
take the "common trunk",
which is a group of core
subjects aimed at that acquire
certain common essential
learnings. Complementarily,
and in based on their
interests, students have the
possibility to select between
two options: The Bachelor of
Science and Technical
Baccalaureate.
- The General Regulations to the
LOEI introduce changes such as
establish academic honesty as a
fundamental requirement of
school work, reconceptualize
the evaluation as an integral
part of teaching-learning
process, and propose a new
approach to student discipline
(...)
- The Constitution provides in its
article 343 that “the national
system of education will integrate
a vision intercultural in line with
diversity geographical, cultural
and linguistic of the country, and
respect for the rights of
communities, towns and
nationalities ”. For its part, in the
LOEI and its Regulations propose a
comprehensive strategy through
focus of interculturality, and it is
prescribed that interculturality is
included as cross axis in standards
and educational quality
indicators.
- Mechanisms are defined
that allow to achieve that
their own schools and the
actors themselves of the
system become the main
agents of change
- 12. The traditional dynamic of quality
improvement is reversed educational, to
ensure that the schools themselves and
the actors of the system become the main
agents of change.
- II. Towards a profound change in the
structure and functioning of the
national education system:
- 8. The rectory of the State on
the educational system
national.
- Educational regulations determine that
the State, through the competent
authority (Ministry of Education) holds
the leadership of the system national
education policy, and will formulate the
policy national education (…). It means
that the State “will regulate and control
the activities related to education, as
well as operation of the entities of the
system " (Art. 344 of the Constitution).
- 9. A new model of educational
management to bring attention
to citizens and achieve services
comprehensive and relevant
educational each educational
circuit.
- It is defined that the Educational
Authority Nacional is made up of
four management levels: one of
central character and three of
decentralized management, which
correspond to the zonal, district
levels and circuit (Art. 25 of the
LOEI) (…) At deconcentrate the
management of the Ministry,
achieve two main objectives: (a)
they brings the State's attention to
citizens, thereby ensuring a greater
agility, efficiency and effectiveness
in educational services, and (b)
streamlines and reorganizes the
educational offer to guarantee
comprehensive educational
services and relevant in each
circuit.
- 10. Citizen participation is
encouraged in the decision-making
processes of the educational
management, as well as those of
monitoring and accountability.
- Promotes citizen participation in
educational management, in
accordance with Article 85 of the
Constitution, which provides that “in
the formulation, execution, policy
evaluation and control public and
public services are will guarantee the
participation of people,
communities, towns and
nationalities ”.
- 11. Intercultural bilingual education is
strengthened to ensure an educational
service with cultural relevance and
linguistics for nationalities and peoples
natives.
- It establishes that the Education
System Intercultural Bilingual (SEIB) is
part substantial part of the National
Education, through the
Undersecretariat of Intercultural
Bilingual Education, which at its once
part of the Ministry of Education, and
is deconcentrated in all management
levels (Art. 77 of the LOEI). The SEIB
guarantees the education of native
peoples in the language
corresponding, also ensuring that the
budget investment is equitably
distributed to all of them.
- It establishes that the Education
System Intercultural Bilingual (SEIB) is
part substantial part of the National
Education, through the
Undersecretariat of Intercultural
Bilingual Education, which at its once
part of the Ministry of Education, and
is deconcentrated in all management
levels (Art. 77 of the LOEI). The SEIB
guarantees the education of native
peoples in the language
corresponding, also ensuring that the
budget investment is equitably
distributed to all of them.
- Promotes citizen participation in
educational management, in
accordance with Article 85 of the
Constitution, which provides that “in
the formulation, execution, policy
evaluation and control public and
public services are will guarantee the
participation of people,
communities, towns and
nationalities ”.
- It is defined that the Educational
Authority Nacional is made up of
four management levels: one of
central character and three of
decentralized management, which
correspond to the zonal, district
levels and circuit (Art. 25 of the
LOEI) (…) At deconcentrate the
management of the Ministry,
achieve two main objectives: (a)
they brings the State's attention to
citizens, thereby ensuring a greater
agility, efficiency and effectiveness
in educational services, and (b)
streamlines and reorganizes the
educational offer to guarantee
comprehensive educational
services and relevant in each
circuit.
- Educational regulations determine that
the State, through the competent
authority (Ministry of Education) holds
the leadership of the system national
education policy, and will formulate the
policy national education (…). It means
that the State “will regulate and control
the activities related to education, as
well as operation of the entities of the
system " (Art. 344 of the Constitution).
- 8. The rectory of the State on
the educational system
national.
- I. Towards the reconceptualization of
education as a right of individuals and
communities:
- 1. Education is conceived as a service
public, within the framework of Good
Living.
- Education is established as a necessary condition for equal
opportunities and to achieve society of Good Living. (…)
Education must be “a right of people throughout their lives
”and therefore both “an inescapable and inexcusable duty of
the State”, and "A priority area of public policy and
investment state ”(Art. 26 of the Constitution).
- 2. The stoppage of the
educational service activities.
- The new legal framework strengthens the protection of
children and adolescents by guaranteeing their right to
receive the educational service on an ongoing basis,
without interruptions of any kind, which affect, above
all, the quality of education public.
- 3. Gratuity is guaranteed,
universality and secularism of
education public.
- The new legal framework allowed the National Government
recover the free public education through the elimination of
tuition and the delivery of resources to eliminate barriers to
access to education. The principles of gratuitousness and
universality of education public are consigned in articles 28
and 348 of the Constitution.
- 4. The rights of students are
protected in private and
fiscal establishments.
- Basic rules are established to also guarantee the respect for the
rights of students who attend said establishments. In article 132
of the LOEI, list some prohibitions that are directed at legal
representatives of the students, but also to managers and
teachers of all establishments educational, regardless of your
type of support (public, fiscal or private).
- 5. An active participation
of the educational
community and families in
the educational processes.
- The Constitution mandates this participation in the Article 26 (which
establishes that “people families and society have the right and
responsibility to participate in the process educational ”), and 347
(which determines that it will be State responsibility, among others,
“Guarantee the active participation of students, families and teachers
in the educational process ”).
- 6. Resources are
guaranteed economic
for the sector
educational.
- The new Ecuadorian legal framework protects resources
intended for the education sector. The Constitution in its
article 165 establishes limits to the declaration of a state of
exception, and doing so protects national budget funds
dedicated to education, as it prescribes that these funds
(together with those intended for public health) may never
be used for another purpose, including during the state of
emergency.
- 7. The schooling
of students in
situations of
vulnerability.
- Defines clear and universal mechanisms for students to who are in a
situation of vulnerability receive treatment preferential throughout
the country for their access and permanence in the education
system. The rights of people in need educational programs are
guaranteed by the Constitution, which in its article 347, numeral 2,
provides that "educational centers will be spaces for early detection
of requirements special ", and in its article 348, second paragraph,
establishes that the State will fund special education.
- Defines clear and universal mechanisms for students to who are in a
situation of vulnerability receive treatment preferential throughout
the country for their access and permanence in the education
system. The rights of people in need educational programs are
guaranteed by the Constitution, which in its article 347, numeral 2,
provides that "educational centers will be spaces for early detection
of requirements special ", and in its article 348, second paragraph,
establishes that the State will fund special education.
- The new Ecuadorian legal framework protects resources
intended for the education sector. The Constitution in its
article 165 establishes limits to the declaration of a state of
exception, and doing so protects national budget funds
dedicated to education, as it prescribes that these funds
(together with those intended for public health) may never
be used for another purpose, including during the state of
emergency.
- The Constitution mandates this participation in the Article 26 (which
establishes that “people families and society have the right and
responsibility to participate in the process educational ”), and 347
(which determines that it will be State responsibility, among others,
“Guarantee the active participation of students, families and teachers
in the educational process ”).
- Basic rules are established to also guarantee the respect for the
rights of students who attend said establishments. In article 132
of the LOEI, list some prohibitions that are directed at legal
representatives of the students, but also to managers and
teachers of all establishments educational, regardless of your
type of support (public, fiscal or private).
- The new legal framework allowed the National Government
recover the free public education through the elimination of
tuition and the delivery of resources to eliminate barriers to
access to education. The principles of gratuitousness and
universality of education public are consigned in articles 28
and 348 of the Constitution.
- The new legal framework strengthens the protection of
children and adolescents by guaranteeing their right to
receive the educational service on an ongoing basis,
without interruptions of any kind, which affect, above
all, the quality of education public.
- Education is established as a necessary condition for equal
opportunities and to achieve society of Good Living. (…)
Education must be “a right of people throughout their lives
”and therefore both “an inescapable and inexcusable duty of
the State”, and "A priority area of public policy and
investment state ”(Art. 26 of the Constitution).
- 1. Education is conceived as a service
public, within the framework of Good
Living.
- IV. Towards the revaluation and
enhancement of the profession teacher:
- 17. The public teaching career is
reconsidered so that the teacher
develops as a professional education.
- It states that public teachers, as education professionals,
should develop strategies to help all their students to achieve
the expected learning, therefore, they must comply with
certain activities. In addition, article 349 of the Constitution
provides that teaching personnel have the right to a training
system continuous professional. In the same way, the LOEI in
its article 10, literal “a”, indicates that the teachers of the
sector The public have the right to “free access to
professional development, training, updating, continuous
training, pedagogical and academic improvement at all levels
and modalities, according to their needs and those of the
National Education System ”.
- 18. It aims for excellence in teachers
with a ranking authentically
meritocratic that ensures
remuneration fair and dignified.
- The new legal framework provides: Substantial
improvement in teacher salaries; allows teachers opt for
different alternative career paths, such as that of director
or rector of educational establishments; privileges factors
such as the academic training of teachers, their update
studies, their experience and above all their professional
performance. Thus, article 349 of The Constitution
institutionalizes a system for evaluating teacher
performance and links it to the salary policy at all levels.
- 19. The selection of the best is
guaranteed teachers with merit
contests and rigorous and
transparent opposition.
- The Constitution provides in its article 228, that both
admission to public service and promotion and promotion
within the public career should always be done through
contest of merits and opposition. The Ministry of Education
is in the process of aligning the entrance tests to the
teaching profession with professional performance
standards. By way of For example, to ensure that English as
a foreign language teachers are proficient in the language
who must teach, the Regulation to the LOEI determines
that applicants who wish to occupy a vacancy in the foreign
language specialty must take a standardized test
accrediting that they comply, at least, with the B2 standard
of the Common Framework European Reference.
- 20. The National
University of Education is
created (UNAE), to
contribute to the initial
training of teachers and
other education
professionals.
- The Constitution of the Republic in its twentieth
transitory provision, establishes that the The National
Government will create a higher educational
institution, directed by the Ministry of Education, “with
the aim of promoting the exercise of teaching and
managerial positions, administrative and support in
the national education system ”. This constitutional
provision It is reflected in article 76 of the LOEI, which
gives its name to this higher educational institution
—National University of Education— and specifies that
its objective “is to promote the exercise of teaching,
managerial and administrative positions and support
in the National System of Education".
- The Constitution of the Republic in its twentieth
transitory provision, establishes that the The National
Government will create a higher educational
institution, directed by the Ministry of Education, “with
the aim of promoting the exercise of teaching and
managerial positions, administrative and support in
the national education system ”. This constitutional
provision It is reflected in article 76 of the LOEI, which
gives its name to this higher educational institution
—National University of Education— and specifies that
its objective “is to promote the exercise of teaching,
managerial and administrative positions and support
in the National System of Education".
- The Constitution provides in its article 228, that both
admission to public service and promotion and promotion
within the public career should always be done through
contest of merits and opposition. The Ministry of Education
is in the process of aligning the entrance tests to the
teaching profession with professional performance
standards. By way of For example, to ensure that English as
a foreign language teachers are proficient in the language
who must teach, the Regulation to the LOEI determines
that applicants who wish to occupy a vacancy in the foreign
language specialty must take a standardized test
accrediting that they comply, at least, with the B2 standard
of the Common Framework European Reference.
- The new legal framework provides: Substantial
improvement in teacher salaries; allows teachers opt for
different alternative career paths, such as that of director
or rector of educational establishments; privileges factors
such as the academic training of teachers, their update
studies, their experience and above all their professional
performance. Thus, article 349 of The Constitution
institutionalizes a system for evaluating teacher
performance and links it to the salary policy at all levels.
- It states that public teachers, as education professionals,
should develop strategies to help all their students to achieve
the expected learning, therefore, they must comply with
certain activities. In addition, article 349 of the Constitution
provides that teaching personnel have the right to a training
system continuous professional. In the same way, the LOEI in
its article 10, literal “a”, indicates that the teachers of the
sector The public have the right to “free access to
professional development, training, updating, continuous
training, pedagogical and academic improvement at all levels
and modalities, according to their needs and those of the
National Education System ”.
- 17. The public teaching career is
reconsidered so that the teacher
develops as a professional education.
- III. Towards the reconstruction of the paradigms
of quality and equity educational, to ensure
better learning for all students:
- The twenty ruptures have been classified into four large groups:
- The following list contains twenty ruptures that arise from the Constitution of the Republic, the
Organic Law of Education (LOEI) and its Regulations. These breakups are of crucial importance
because allow the reconfiguration of an educational system that ensures quality learning for all
Ecuadorians, but especially for those who belong to the most vulnerable groups, and who they have
historically been excluded from formal education systems.
- 20 BREAKS TO THE EDUCATIONAL STATU-QUO PROMOTED BY THE NEW FRAMEWORK LEGAL
- According to the Constitution of the Republic of Ecuador, “Education is a right of the people
throughout their life and inescapable duty of the State ”. According to the Ministry of Education of the
Ecuadorian government, regarding the education should distinguish two main concepts.
- The Organic Law of Intercultural Education (LOEI). The main body of law governing education
Ecuadorian who seeks to promote the "development of individual and collective capacities and potentialities"
of students belonging to the Ecuadorian educational system.
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