This chapter has the purpose to grant the functions of licensing and accrediting public and private higher education institutions in Puerto Rico to the Council on Higher Education hereby created. This chapter is adopted for the following ends:
(1) Separate the functions of licensing and accrediting private university institutions from the functions corresponding to the governing of the University of Puerto Rico.
(2) Establish an unbreachable environment of institutional autonomy to safeguard the public and private universities and colleges from official interferences which impair their academic freedom or attempt against it.
(3) Propitiate the strengthening, growth and development of higher education institutions.
(4) Empower the Council on Higher Education to implement and administer the public policy set forth in this chapter.
The functions assigned to the Council shall be limited to what is expressly stated in the statute. In other words, this chapter confers the Council only such powers that are indispensable to exercise official functions in an area vested with great public interest such as higher education.
It is a legislative function to add what is lacking in this chapter, or correct its deficiencies. When it is time to rectify, the Legislature must act exactly as it is doing now. All this done with the greatest respect for the autonomy of public and private universities and colleges which is essential for the flow of free thought and intellectual and educational initiatives which contribute to the social, cultural and economic betterment of our people.
Respect to said autonomy must be a cardinal principle of the public policy in Puerto Rico. The application of this chapter and the interpretation of its provisions must be in harmony with this principle.
It shall be the obligation of all public and private higher education institutions to respect and recognize the fundamental civil rights of students, professors and non-teaching personnel that are compatible with the rights of the public and private higher education institutions under the Constitutions of the United States of America and of the Commonwealth of Puerto Rico.
History —June 16, 1993, No. 17, § 2.