ECUADORIAN EDUCATIONAL LEGAL FRAMEWORK

ECUADORIAN EDUCATIONAL LEGAL FRAMEWORK

1. 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".
           • 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.
           • 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.
           • 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".

2. 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.

   • Article 3. Establishes the strengthening of education in an equitable and inclusive manner. To promote inclusion in education in circumstances where managers are empowered to educational units at national level to propose measures.
     • The LOEI proposes measures such as curricular adaptations, which the identification of the special and different abilities of all students, the improvement of the quality of education, precisely according to these particularities.
       • • Article 8. States that educational institutions must design and submit a project institutional education to the NEA, in which a "proactive link with the environment is sought schoolboy".
         • • In the same way there are several instances in which the LOEI establishes precautionary measures to avoid cases of exclusion, discrimination or vulnerability.
           • • Article 144, paragraphs 3 and 4. States that educational establishments may not charge additional values for the care of students with special abilities; or that the quality of education for student diversity can be differentiated from to ensure true inclusive education.
             • • Artículo 227. Establece que se “promueve el acceso 30 de personas con necesidades educativas especiales asociadas o no a la discapacidad, al servicio educativo, sea este especializado u ordinario”.
               • Article 228 states that students with educational needs special (SEN) should be provided with learning, accessibility or communication, through temporary or permanent adaptation of their curriculum, as determined by the relevant authorities.
                 • Article 234. LOEI covers students at all levels and considers education in exceptional situations or situations of vulnerability, such as mobility violence, begging, lack of documentation.
                   • • Article 235. Discusses Interculturality as an Educational Approach implementation at the national level. To this end, it is necessary to an appreciation of cultural diversity, in order to "increase equity education, to overcome racism, discrimination and exclusion and to promote communication".
                     • • Article 243. The Ministry of Education develops the concept of inclusive schools at the national level. The purpose of these spaces is to "allow teachers and students to feel comfortable before the diversity and perceive it not as a problem, but as a challenge and an opportunity to enrich the learning environment".

3. POLITICAL CONSTITUTION OF THE REPUBLIC OF ECUADOR: EDUCATION

   • RIGHTS OF THE GOOD LIVE IN
     • Art. 26.- Education is a right of people throughout their lives and an inescapable and inexcusable duty of the State. It constitutes a priority area of public policy and State investment, guarantee of equality and social inclusion and a prerequisite for good living. People, families and society have the right and responsibility to participate in the educational process. In addition to articles 27, 28 and 29.
   • RIGHTS OF INDIVIDUALS AND GROUPS PRIORITY
     • Girls, boys and teenagers
       • Art. 44.- El Estado, la sociedad y la familia promoverán de forma prioritaria el desarrollo integral de las niñas, niños y adolescentes, y asegurarán el ejercicio pleno de sus derechos; se atenderá al principio de su interés superior y sus derechos prevalecerán sobre los de las demás personas.
     • RIGHTS OF THE COMMUNITIES, PEOPLES AND NATIONALITIES
       • Art. 57.- Communes, communities and peoples shall be recognized and guaranteed and indigenous nationalities, in accordance with the Constitution and covenants, conventions, declarations and other instruments international human rights instruments, the following groups. Develop, strengthen and enhance the education system bilingual intercultural. That the dignity and diversity of their cultures, traditions, histories and aspirations are reflected in public education.

4. COMMON FRAMEWORK EUROPEAN

   • The project is the result of work begun in 1991 on the initiative of the Swiss federal government that was inspired by previous work carried out by individuals and institutions since 1971. The outcome document was prepared by the Council of Europe and presented in 2001 during the European Year of Languages. Europe wanted to improve clarity for companies and educational institutions that needed to assess the linguistic competence of candidates. The framework is intended to be used in both teaching and competency assessment.
     • It is a European standard, used also in other regions, which serves to measure the level of comprehension in a given language, being an international standard for certifying language proficiency, used worldwide to assess language skills of students and based on the MCER diagram standardized in English exams are prepared to evaluate some of the proficiency levels.
       • What is the MCER?
         • MCER is a way to describe how well you speak and understand a foreign language. There are several frameworks with similar objectives, such as the American Council for the Teaching of Foreign Languages, the Canadian language skills (CLB, Canadian Language Benchmarks), and the ILR (Interagency Language Roundtable) competency scale.
           • The CEFR is a European scale that was specifically designed to apply to any European language, so it can be used to describe your skills in English, German or Estonian (if any).
             • • Sets six levels of foreign language proficiency, and EF SET aligns with that framework as follows:
               • A1: Acceso A2: Plataforma B1: Intermedio B2: Intermedio alto C1: Dominio operativo eficaz C2: Maestría
         • Who uses the MCER?
           • The MCER is widely used in the teaching of languages in Europe, both in the public and private education languages. In many countries it has replaced the level systems used previously for language teaching foreigners. Most ministries of Europe’s education objectives specific CEFR-based approaches for learners higher than the level of education prior to university. For those seeking employment, many European adults use a score standardized test, such as the TOEIC, to describe your level of English. The adoption of the MCERis much scarcer outside Europe, though selected countries in Asia and Latin America have adopted in their educational systems. Outside of Europe, many countries already have a widely accepted evaluation review. No have seen the value of switching to a different levels that do not correspond to their current evaluation reviews.
   • Acceptance of the English language in our country according to the standards of the Common European Framework.
     • In Ecuador, due to the high level of curricular complexity, the teaching and learning of the English language focus more on grammatical or structural knowledge of the language without giving more emphasis to other communicative linguistic aspects to achieve a proper use of the language. However, it is applying a European-level trend that has been welcomed which is to express the levels of acquired by apprentices at "common levels" the MCER being a basis for the development of language programmes, exams, curriculum guidelines, manuals, etc.
       • It allows us an enriching and important experience to learn a foreign language in this case of the English language itself constituting itself as a most widely used language worldwide. Your interest has been increased so that education systems are more interested in improving their mesh A number of higher education institutions are involved in this project.

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