TITLE VI-LAW 115 OF 1994
Teaching Career
Article 119
1. Professional Suitability
An educator is qualified to perform their job if they meet the following conditions: Holding a degree, teaching effectively, and complying with the law.
2. Ethical Suitability
A teacher is considered suitable if they meet the following conditions: Fulfilling their duties and obligations and not engaging in misconduct.
Article 117
Relationship Between Training and Teaching Practice
A teacher can only work in the field they were academically trained for. Higher education institutions certify the training received, specifying the educational level and the area of knowledge of the academic program.
Article 116
1. Title Required to Practice Teaching: In the state educational service, a degree in education or a postgraduate degree in education is required.
Issued by
Universities or higher education institutions (national or foreign) and teacher training schools authorized by the MEN (Ministry of National Education). In addition to holding the degree, future teachers must also be registered in the National Teaching Scale.
2. Teaching in Primary Education
An education degree with an emphasis in a field of knowledge established in Article 23 of Law 115 is required.
3. Exception for Education Technologists
Those who were studying this program when the Law came into effect may practice teaching in public schools after obtaining their degree and registering in the National Teaching Scale.
Article 115
1. Special Regime for State Educators
The practice of the state teaching profession shall be governed by the regulations of the special regime of the Teaching Statute and by Law 115 of 1994.
2. Benefit Regime for State Educators
This regime is established by three laws: Law 91 of 1989, Law 60 of 1993, and Law 115 of 1994.
Teacher Ranking System
Article 120
National Teaching Scale Board
The National Teaching Scale Board will continue to operate according to the provisions of the Teaching Statute. The members of the National Teaching Scale Board are: Four representatives from the Ministry of National Education, two representatives from the teaching sector, and one representative from private school associations.
Article 121
Teaching Scale Office
The teaching scale offices are part of the education departments of the respective territorial entities.
Function (Article 14 of Law 60 of 1993)
Manage and update the documentation of the teaching scale, maintain the registry of all classified teachers and school administrators, advise the Department of Education, and oversee compliance with regulations for teacher appointments and transfers.
Article 123
Registration in the Teaching Scale
Applications for registration submitted to the Sectional Teaching Scale Boards, according to the Teaching Statute, must be processed within a maximum period of two (2) months. If no response is given within this time, the registration is automatically approved (positive administrative silence).
Article 125
Sexual Harassment
The Teaching Statute declares sexual harassment as misconduct. Anyone who commits this act will be subject to the sanctions outlined in Article 53 of Decree 2277 of 1979 and will be expelled from the teaching scale.
Article 122
Delegate to the Sectional Ranking Board
The Minister of National Education will appoint a delegate for each Sectional Ranking Board, who will serve as Executive Secretary and fulfill the functions established by the National Government according to the Teaching Statute.
Educational Administrators
Article 126
Role of Educational Administrators
Educators who lead, coordinate, supervise, inspect, plan, or advise are considered educational administrators.
Article 127
Appointing Authority of Educational Administrators
The educational administrators of public educational institutions, including principals, directors, vice principals, coordinators, supervisors, and core directors, will be appointed by the governors in accordance with the provisions of the Teaching Statute.
In districts or municipalities that have assumed this responsibility, the mayors will be in charge of making these appointments, following a competitive selection process organized by the department or district.
Article 130
Disciplinary Powers
Both school principals or directors and governors and mayors (when responsible for appointing teachers) can sanction them when there is a fault or misconduct that merits a sanction as established by Law 115 of 1994 and the Teaching Statute.
Article 131
Assignment of Duties
If an educational director cannot fulfill their duties in a public educational institution, they must find a qualified person who can temporarily perform their functions in that institution until the competent authority appoints an official replacement.
Response Time
In this process, the educational director (principal or director) must notify the responsible entity in writing about the absence and the assignment. The competent authority has a maximum of 15 business days to issue the corresponding administrative act, after which the labor effects are recognized. If the competent authority fails to issue the administrative act within the established time, it constitutes a case of misconduct.
Article 132
Powers of the principal to sanction and grant distinctions
The principal or director in charge of the institution may grant distinctions or impose sanctions according to the institution's regulations or code of conduct.
Incentives for Teachers
Article 133
Sabbatical Year
Each year, the 20 highest-rated public school teachers with at least 10 years of service may receive, only once, a sabbatical year of study funded by the State, according to government regulations.
Article 134
Funding for Rural Land for Teachers
Public school teachers working in remote, high-risk, or mining areas will receive a special bonus and faster promotion within the ranking system, according to government regulations.
Article 135
ICETEX Support
A student loan program is created for the training and specialization of public sector teachers. It will be managed by ICETEX and will operate with co-financing from the National Government and territorial entities.
Article 137
Funding for Rural Land for Teachers
The National Government will create a program to help teachers purchase rural land in the areas where they work. This program will be managed through INCORA.