NATIONAL EDUCATION LAW Law 26,206 General provisions. National Education System. Private Management Education. Teachers and their training. Policies for the Promotion of Education Equality. Quality of Education. Education, New Technologies and Media. Distance education and not Formal. Government and Administration. Compliance with the Goals of the Law. Transit and Complementary Provisions.
Sanctioned: December 14, 2006
Promulgated: December 27, 2006
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force
NATIONAL EDUCATION LAW ARTICLE 1
PRINCIPLES, RIGHTS AND GARANTIS
. This law regulates the exercise of the right to teach and learn enshrined in article 14 of the Constitution and the international treaties incorporated therein, in accordance with the powers conferred upon the Honorable Congress of the Nation in article 75, paragraphs 17, 18 and 19, and in accordance with the principles established therein and those determined in this law. ARTICLE 2
. Education and knowledge are a public good and a personal and social right guaranteed by the State. Article 3
. Education is a national priority and is constituted in a State policy to build a just society, reaffirm national sovereignty and identity, deepen the exercise of democratic citizenship, respect human rights and fundamental freedoms and strengthen the economic-social development of the Nation. ARTICLE 4
. The national state, the provinces and the Autonomous City of Buenos Aires have the primary and indelible responsibility to provide comprehensive, permanent and quality education for all the inhabitants of the Nation, ensuring equality, freeness and equity in the exercise of this right, with the participation of social organizations and families. ARTICLE 5o
El The national State establishes the educational policy and controls its compliance with the aim of consolidating national unity, respecting the provincial and local particularities. ARTICLE 6
. The State guarantees the exercise of the constitutional right to teach and learn. The national State, the provinces and the Autonomous City of Buenos Aires are responsible for educational actions, in the terms set by article 4 of this law; the municipalities, the officially recognized religious denominations and the organizations of society; and the family, as a natural and primary agent. ARTICLE 7
El The State guarantees the access of all citizens to information and knowledge as central instruments of participation in a development process with economic growth and social justice. ARTICLE 8
. Education will provide the necessary opportunities to develop and strengthen the integral formation of people throughout their lives and promote in each education the ability to define their life project, based on the values of freedom, peace, solidarity, equality, respect for diversity, justice, responsibility and common good. Article 9
. The State guarantees the financing of the National Education System in accordance with the provisions of this law. Following the funding targets set out in Act No. 26,075, the consolidated budget of the national State, the provinces and the Autonomous City of Buenos Aires for education will not be less than SEIS BY SCIENTO (6%) of the Gross Domestic Product (GDP). ARTICLE 10.
The national State shall not sign bilateral or multilateral free trade treaties that involve designing education as a lucrative service or encourage any form of commodification of public education.
CHAPTER II ARTICLE 11.
AND OBJECTIVES OF NATIONAL EDUCATIONAL POLICY
The aims and objectives of the national educational policy are:
(a) Ensure quality education with equal opportunities and possibilities, without regional imbalances or social inequities.
(b) Ensure comprehensive education that develops all dimensions of the person and empowers both social and labour performance and access to higher education.
(c) To provide citizen training committed to ethical and democratic values of participation, freedom, solidarity, peaceful resolution of conflicts, respect for human rights, responsibility, honesty, valuation and preservation of natural and cultural heritage.
(d) Strengthen national identity, based on respect for cultural diversity and local particularities, open to universal values and regional and Latin American integration.
(e) Ensure educational inclusion through universal policies and pedagogical and resource allocation strategies that give priority to the most disadvantaged sectors of society.
(f) Ensuring conditions of equality, respecting differences between persons without admitting gender or any other discrimination.
(g) Ensure, in the educational field, respect for the rights of children and adolescents set out in Act No. 26.061.
(h) Ensure access to and conditions for the permanence and progress of the different levels of the education system, ensuring the freeness of state management services at all levels and modalities.
(i) Ensure the democratic participation of teachers, families and students in educational institutions at all levels.
(j) Designing the culture of work and individual and cooperative effort as a fundamental principle of teaching-learning processes.
(k) Develop skills and offer learning and learning opportunities for lifelong education.
I) Strengthen the centrality of reading and writing, basic conditions for lifelong education, the construction of responsible citizenship and the free circulation of knowledge.
(m) Develop the skills necessary for the management of new languages produced by information and communication technologies.
(n) To provide persons with disabilities, temporary or permanent, with a pedagogical proposal that would enable them to develop their potential, to integrate and fully exercise their rights.
(in) Ensuring indigenous peoples to respect their language and cultural identity, promoting the assessment of multiculturalism in the formation of all educating people.
(o) Commit the mass media to assume greater degrees of ethical and social responsibility for the contents and values they transmit.
(p) Provide knowledge and promote values that strengthen the comprehensive training of responsible sexuality.
(q) Promote values and attitudes that strengthen people ' s capacities to prevent addictions and drug abuse.
(r) To provide a body, motor and sports training that promotes the harmonious development of all educating people and their active integration into society.
(s) Promote the learning of fundamental scientific knowledge to understand and participate in contemporary society.
(t) To provide training that encourages creativity, taste and understanding of the various manifestations of art and culture.
(u) Coordinate policies on education, science and technology with those on culture, health, work, social development, sports and communications, to fully address the needs of the population, making the most of state, social and community resources.
(v) Promote at all levels of education and modalities the understanding of the concept of the elimination of all forms of discrimination.
PART II ARTICLE 12.
NATIONAL EDUCATIVE SYSTEM
. The national state, the provinces and the Autonomous City of Buenos Aires, in a concerted and concurrent manner, are responsible for the planning, organization, supervision and financing of the National Education System. They guarantee access to education at all levels and modalities through the creation and administration of state-run educational institutions. The national State creates and finances the National Universities. ARTICLE 13.
. The national state, provinces and the Autonomous City of Buenos Aires recognize, authorize and supervise the functioning of private, denominational or non-confessional education institutions, cooperative management and social management. ARTICLE 14.
The National Education System is the organized set of state-run educational services and actions that enable the exercise of the right to education. It integrates state and private educational services, cooperative management and social management, from all jurisdictions in the country, covering the different levels, cycles and modalities of education. ARTICLE 15.
El The National Education System will have a unified structure throughout the country that ensures its system and cohesion, the organization and articulation of the levels and modalities of education and the national validity of the certificates and certificates issued. ARTICLE 16.
. School compulsoryness throughout the country extends from the age of CINCO (5) years to the end of the level of Secondary Education. The Ministry of Education, Science and Technology and the competent jurisdictional authorities will ensure that school compulsory education is enforced through institutional, educational and rights promotion alternatives, which are in line with local and community, urban and rural requirements, through actions to achieve results of equal quality throughout the country and in all social situations. ARTICLE 17.
. The structure of the National Education System comprises CUATRO (4) levels . Initial Education, Primary Education, Secondary Education and Higher Education, and OCHO (8) modalities.
For the purposes of this Act, these organizational and/or curricular options of common education, within one or more levels of education, are forms of the National Education System, which seek to respond to specific requirements for training and to attend to specialities of a permanent or temporary character, personal and/or contextual, with the aim of ensuring equality in the right to education and comply with the legal, technical and pedagogical requirements of the different educational levels. These are modalities: Professional Technical Education, Artistic Education, Special Education, Permanent Youth and Adult Education, Rural Education, Bilingual Intercultural Education, Education in Contexts of Privation of Freedom and Home and Hospital Education.
Jurisdictions may, on an exceptional basis, define other forms of common education, when specific requirements of a permanent and contextual nature justify it.
CHAPTER II ARTICLE 18.
. Initial Education is a pedagogical unit and includes children from CUARENTA and CINCO (45) days to CINCO (5) years of age, even compulsory last year. ARTICLE 19.
El The national state, the provinces and the Autonomous City of Buenos Aires have an obligation to universalize educational services for children of CUATRO (4) years of age. ARTICLE 20.
de These are objectives of Initial Education:
(a) Promote the learning and development of children from CUARENTA and CINCO (45) days to CINCO (5) years of age, including as subjects of rights and active participants of a comprehensive training process, members of a family and a community.
(b) Promote solidarity, trust, care, friendship and respect for yourself and others in children.
(c) Develop their creative capacity and pleasure for knowledge in learning experiences.
(d) Promote the game as content of high cultural value for cognitive, affective, ethical, aesthetic, motor and social development.
(e) Develop the capacity of expression and communication through different languages, verbal and non-verbal: movement, music, plastic expression and literature.
(f) To promote corporal and motor education through tisic education.
(g) To promote the participation of families in the care and educational task by promoting communication and mutual respect.
(h) Addressing educational inequalities of social and family origin to promote the full integration of all children into the education system.
(i) Preventing and addressing special needs and learning difficulties. ARTICLE 21.
El The national state, the provinces and the Autonomous City of Buenos Aires have the responsibility of:
(a) Expand Initial Education services.
(b) Promote and facilitate the participation of families in the development of actions aimed at the care and education of their children.
(c) Ensuring equal access to and retention, with special attention to the disadvantaged sectors of the population.
(d) Regular, control and monitor the functioning of institutions with the aim of ensuring the care, care and comprehensive education of children. ARTICLE 22.
de In the national, provincial and Autonomous City of Buenos Aires, mechanisms will be created for the articulation and/or management associated with government agencies, especially with the area responsible for children and families of the Ministry of Social Development and the Ministry of Health, in order to guarantee the fulfilment of the rights of children established in Act No. 26.061. Following the same objective and depending on local or community particularities, other child development strategies will be implemented, with the articulation and/or associated management of government areas of social development, health and education, in the field of non-formal education, to provide comprehensive care for children between the CUARENTA and CINCO (45) days and the DOS (2) years of age, with the participation of families and other social actors. ARTICLE 23.
s The institutions providing Initial Education are included in this law:
(a) State management, which belongs to both the governing bodies of education and other government agencies.
(b) Private management and/or non-profit organizations, civil societies, guilds, trade unions, cooperatives, non-governmental organizations, neighbourhood, community and others. ARTICLE 24.
La The organization of Initial Education will have the following characteristics:
(a) The Maternal Gardens shall serve children from CUARENTA and CINCO (45) days to the DOS (2) years of age and the Infant Gardens to the children from the THREE (3) to the CINCO (5) years of age even.
(b) Depending on the characteristics of the context, other organizational forms of the level are recognized for the educational care of children between the CUARENTA and CINCO (45) days and the CINCO, (5) years, such as multi-age rooms or plurisalas in rural or urban contexts, play rooms and other forms that may be formed, as established by the regulation of this law.
(c) The number of sections, age coverage, extension of the day and complementary health and food services will be determined by the regulations, which meet the needs of children and their families.
(d) Certificates of compliance with compulsory initial education in any of the organizational forms recognized and supervised by the educational authorities shall be valid for registration in primary education. ARTICLE 25.
Las Pedagogical activities carried out at the level of Initial Education will be carried out by teaching staff entitled, as established by the regulations in force in each jurisdiction. These educational activities will be supervised by the educational authorities of the provinces and the Autonomous City of Buenos Aires.
CHAPTER III ARTICLE 26.
La Primary Education is compulsory and is a pedagogical and organisational unit for the formation of children from SEIS (6) years of age. ARTICLE 27.
La Primary Education aims to provide comprehensive, basic and common education and its objectives are:
(a) Ensure that all children have access to a range of common knowledge that allows them to participate fully and in accordance with their age in family, school and community life.
(b) To provide the necessary conditions for the comprehensive development of children in all its dimensions.
(c) To provide equal opportunities to all children for the learning of significant knowledge in the various fields of knowledge, especially language and communication, social sciences, mathematics, natural sciences and the environment, foreign languages, art and culture and the ability to apply them in situations of daily life.
(d) Generate educational conditions for the management of new information and communication technologies, as well as for the production and critical reception of media discourses.
(e) Promote the development of an attitude of effort, work and responsibility in the study and of curiosity and interest in learning, strengthening confidence in the possibilities of learning.
(f) Develop individual initiative and teamwork and habits of solidarity and cooperation.
(g) Promote the development of creativity and expression, aesthetic pleasure and understanding, knowledge and appreciation of the various manifestations of art and culture.
(h) To provide ethical training to enable the exercise of responsible citizenship and to assume the values of freedom, peace, solidarity, equality, respect for diversity, justice, responsibility and the common good.
(i) Providing the knowledge and cognitive strategies necessary to continue studies in Secondary Education.
(j) Provide opportunities for physical education that promotes body and motor education and strengthens the harmonious development of all children.
k) Promote the game as a necessary activity for cognitive, affective, ethical, aesthetic, motor and social development.
(l) Promote knowledge and values that enable the development of attitudes to protect and care for cultural heritage and the environment. ARTICLE 28
. Las Primary schools will be extended or complete in order to ensure the achievement of the objectives set for this level by this law.
CHAPTER IV ARTICLE 29.
La Secondary education is compulsory and constitutes a pedagogical and organizational unit for adolescents and young people who have met the level of Primary Education. ARTICLE 30.
. Secondary education in all its forms and directions is aimed at empowering adolescents and young people for the full exercise of citizenship, for work and for the continuation of studies. They are their objectives:
(a) Providing ethical training to enable students to act as subjects aware of their rights and obligations, which practice pluralism, cooperation and solidarity, which respect human rights, reject all forms of discrimination, prepare for the exercise of democratic citizenship and preserve natural and cultural heritage.
(b) Form responsible subjects, who are able to use knowledge as a tool to understand and constructively transform their social, economic, environmental and cultural environment, and to place themselves as active participants in a world in permanent change.
(c) Develop and consolidate in each student the skills of study, learning and research, individual and teamwork, effort, initiative and responsibility, as necessary conditions for access to the world of work, higher education and lifelong education.
(d) Develop the linguistic, oral and written competences of the Spanish language and understand and express themselves in a foreign language.
(e) Promote access to knowledge as an integrated knowledge, through the various areas and disciplines that constitute it and its main problems, contents and methods.
(f) Develop the capacities necessary for the intelligent and critical understanding and use of new languages produced in the field of information and communication technologies.
(g) Link students with the world of work, production, science and technology.
(h) Develop vocational guidance processes in order to allow proper professional and occupational choice of students.
(i) Encourage artistic creation, free expression, aesthetic pleasure and understanding of the different manifestations of culture.
(j) Promoting corporal and motor education through physical education in line with the requirements of the comprehensive development process for adolescents. ARTICLE 31.
. Secondary education is divided into DOS (2) cycles: UN (1) Basic cycle, of a common character to all orientations and UN (1) Targeted cycle, of a diversified character according to different areas of knowledge, the social world and the work. ARTICLE 32.
El The Federal Education Council shall set the necessary arrangements for the various jurisdictions to guarantee:
(a) The revision of the curriculum structure of Secondary Education, with the aim of updating it and establishing common organizational and pedagogical criteria and priority learning nuclei at the national level.
(b) Alternatives to accompany the school career of young people, such as tutors and school coordinators, strengthening the individual and/or group education process of students.
(c) A minimum of VEINTICINCO (25) weekly clock.
(d) The discussion in collective labour conventions of hours-long concentration mechanisms or positions of teachers, with the aim of forming more stable educational teams in each institution.
(e) The creation of extracurricular spaces, outside the days and hours of school activity, for the group of students and young people of the community, aimed at the development of activities related to art, physical and sports education, recreation, life in nature, solidarity action and the critical appropriation of the different manifestations of science and culture.
(f) The inclusion of adolescents and young people not enrolled in non-formal school spaces as a transit to full school reintegration processes.
(g) The exchange of students from different fields and contexts, as well as the organization of youth volunteer activities and solidarity educational projects, to cooperate in community development, within the framework of the institutional educational project.
(h) Psychological, psycho-pedagogical and medical care for adolescents and young people in need, through the formation of interdisciplinary cabinets in schools and the intersectoral articulation with the different government areas of social policies and others that are considered relevant. ARTICLE 33.
. The jurisdictional authorities will encourage the linking of secondary schools with the world of production and work. In this context, they will be able to conduct educational practices in schools, companies, state agencies, cultural organizations and civil society organizations, which will enable students to manage technologies or provide an appropriate experience in their training and vocational guidance. In all cases, these practices will be educational and will not be able to generate or replace any contractual link or employment relationship. Students of all forms and orientations of Secondary Education, seniors of DIECISEIS (16) years of age, during the school period, may participate in such activities for a period not exceeding SEIS (6) months, with the support of teachers and/or pedagogical authorities designated for this purpose. In the case of technical and agro-technical schools, the linking of these institutions with the productive sector will be carried out in accordance with articles 15 and 16 of Law No. 26.058.
CHAPTER V ARTICLE 34.
Higher Education includes:
(a) University, State or private universities and institutes authorized in accordance with the name set out in Act No. 24.521.
(b) Institutes of Higher Education of National, Provincial or Autonomous City of Buenos Aires, State or Private Management. ARTICLE 35.
. Higher Education shall be regulated by the Higher Education Act No. 24.521, the Vocational Technical Education Act No. 26.058 and by the provisions of this Act concerning Higher Education Institutes. ARTICLE 36.
. The Ministry of Education, Science and Technology, in accordance with the Federal Council of Education, will establish policies, regulatory mechanisms and criteria for evaluation and articulation regarding the Institutes of Higher Education dependent on the national State, the provinces and the Autonomous City of Buenos Aires. ARTICLE 37.
. The national state, the provinces and the Autonomous City of Buenos Aires have competence in the planning of the career and postgraduate offer, the design of study plans, the management and allocation of resources and the application of specific regulations, concerning the Institutes of Higher Education under their dependence.
CHAPTER VI ARTICLE 38.
PROFESSIONAL TECHNICAL EDUCATION
. Professional Technical Education is the modality of Secondary Education and Higher Education responsible for the training of medium and technical technicians in specific occupational areas and vocational training. Vocational Technical Education is governed by the provisions of Act No. 26.058, in accordance with the principles, purposes and objectives of this Act.
This modality is implemented in state or private management institutions that comply with the provisions of Act No. 26.058.
CHAPTER VII ARTICLE 39.
La Art Education includes:
(a) Training in different artistic languages for children and adolescents at all levels and modalities.
(b) The artistic modality aimed at specific Secondary level training for those students who choose to follow it.
(c) The artistic training provided at the Institutes of Higher Education, which includes teachers in the various artistic languages for different levels of teaching and specific artistic careers. ARTICLE 40.
. The Ministry of Education, Science and Technology, the provinces and the Autonomous City of Buenos Aires will guarantee a quality artistic education for all students/a of the Education System, which promotes and develops the sensitivity and creative capacity of each person, in a framework of valuation and protection of the natural and cultural heritage, material and symbolic of the various communities that make up the Nation. ARTICLE 41.
Todos All students, in the course of their compulsory schooling, will have the opportunity to develop their sensitivity and creative capacity in at least DOS (2) artistic disciplines.
In Secondary Education, the artistic modality will offer specific training in Music, Dance, Visual Arts, Plastic, Theatre, and others that could be formed, admitting in each case different specializations. The specific training provided in specialized arts schools may be continued in higher-level establishments of the same modality.
CHAPTER VIII ARTICLE 42.
La Special Education is the modality of the education system aimed at ensuring the right to education for persons with disabilities, temporary or permanent, at all levels and modalities of the education system. Special Education is governed by the principle of educational inclusion, in accordance with article 11 (n) of this Act. Special Education provides educational attention to all specific problems that cannot be addressed by common education. The Ministry of Education, Science and Technology, in accordance with the Federal Education Council, will ensure the integration of pupils with disabilities at all levels and modalities according to the possibilities of each person. ARTICLE 43.
. The provinces and the Autonomous City of Buenos Aires, within the framework of the articulation of levels of management and functions of the agencies competent for the implementation of Law No. 26.061, shall establish the corresponding procedures and resources for the early identification of educational needs arising from disability or developmental disorders, in order to give them interdisciplinary and educational attention to their inclusion from the Initial Level. ARTICLE 44.
de In order to ensure the right to education, school integration and to promote the social integration of persons with disabilities, temporary or permanent, the jurisdictional authorities shall have the necessary measures to:
(a) To provide a comprehensive educational trajectory that allows access to technological, artistic and cultural knowledge.
(b) To have sufficient specialized staff to work as a team with common school teachers.
(c) Ensure coverage of special educational services, transportation, technical and material resources necessary for the development of the school curriculum.
(d) To promote continuity alternatives for their lifelong formation.
(e) Ensure the physical accessibility of all school buildings. ARTICLE 45.
El The Ministry of Education, Science and Technology, in accordance with the Federal Council of Education, will create the institutional and technical bodies necessary for the guidance of the most appropriate school career of pupils with disabilities, temporary or permanent, at all levels of compulsory education, as well as the rules governing the school assessment and certification processes. They will also participate in coordination mechanisms between ministries and other State agencies that deal with persons with disabilities, temporary or permanent, in order to ensure an efficient and higher quality service.
CHAPTER IX ARTICLE 46.
PERMANENT EDUCATION OF JOVENS AND ADULTS
La The Permanent Education of Youth and Adults is the educational modality aimed at ensuring literacy and compliance with the school compulsoryness provided for by this law, to those who have not completed it at the statutory age, and to provide lifelong educational possibilities. ARTICLE 47.
. The youth and adult education programs and actions of the Ministry of Education, Science and Technology and the various jurisdictions will be articulated with actions of other ministries, particularly those of Labour, Employment and Social Security, Social Development, Justice and Human and Health Rights, and will be linked to the world of production and work. To this end, the Federal Education Council will agree on the mechanisms of participation of the sectors involved, at the national, regional and local levels. The State also guarantees access to and access to information and guidance on offers of permanent education. ARTICLE 48.
La The curriculum and institutional organization of the Permanent Education of Youth and Adults will respond to the following objectives and criteria:
(a) Provide basic training to acquire knowledge to develop the capacities of expression, communication, interpersonal relationship and knowledge-building, taking into account the sociocultural, labour, contextual and personal characteristics of the target population.
(b) To develop the capacity to participate in social, cultural, political and economic life and to realize its right to democratic citizenship.
(c) Improve their vocational training and/or acquire a preparation that facilitates their employment.
(d) Incorporate gender equity and cultural diversity into its basic approaches and content.
(e) Promote the inclusion of older adults and persons with disabilities, temporary or permanent.
(f) Design a modular curriculum structure based on flexibility and openness criteria.
(g) To grant partial certifications and to credit the knowledge acquired through the work experience.
(h) Implement credit and equivalence systems that allow and accompany the mobility of participants.
(i) Develop face-to-face and/or distance educational actions, particularly in rural or isolated areas, ensuring the quality and equality of their results.
(j) Promote the participation of teachers and students in the development of the educational project, as well as the linkage with the local community and with the labour or social sectors belonging to students.
(k) Promote access to knowledge and management of new technologies.
CHAPTER X ARTICLE 49.
. Rural Education is the modality of the educational system of the levels of Initial, Primary and Secondary Education aimed at ensuring compliance with compulsory schooling through forms appropriate to the needs and particularities of the population living in rural areas. It is implemented in schools that are defined as rural according to consensual criteria between the Ministry of Education, Science and Technology and the provinces, within the framework of the Federal Education Council. ARTICLE 50.
de These are objectives of Rural Education:
(a) Ensuring access to knowledge for the system as a whole through flexible pedagogical proposals that strengthen the link with cultural identities and local productive activities.
(b) Promote institutional designs that enable students to maintain links with their family nucleus and local means of belonging, during the educational process, ensuring the necessary coordination and articulation of the system within each province and between different jurisdictions.
(c) Allowing school organization models appropriate to each context, such as groupings of institutions, multi-grade rooms and multi-age groups, institutions covering various levels in the same educational unit, schools of alternation, itinerant schools or others, which ensure compliance with school compulsoryness and the continuity of studies in the different cycles, levels and modalities of the educational system, as well as the educational needs of the migrant rural population.
(d) Promote equal opportunities and opportunities by ensuring gender equity. ARTICLE 51.
The Ministry of Education, Science and Technology, in accordance with the Federal Education Council, is responsible for defining the necessary measures to ensure that educational services provided in rural areas reach quality levels equivalent to urban ones. The general criteria to guide such measures are:
(a) Develop special fellowship programmes to ensure equal opportunities.
(b) Ensure the functioning of school eaters and other assistance services that are necessary to the community.
(c) Integrate cross-sectoral networks of governmental and non-governmental organizations and outreach agencies to coordinate the cooperation and support of different sectors to expand and ensure the educational opportunities and possibilities of students.
(d) Organize non-formal education services that contribute to labour training and the cultural promotion of the rural population, with special attention to the status of women.
(e) Provide the educational and material resources necessary for the schooling of students and students in rural areas such as texts, computer equipment, educational television, facilities and equipment for physical education and sports, school meals, residences and transportation, among others.
CHAPTER XI ARTICLE 52.
. Bilingual Intercultural Education is the modality of the educational system of the levels of Initial, Primary and Secondary Education that guarantees the constitutional right of indigenous peoples, in accordance with article 75, paragraph 17, of the National Constitution, to receive an education that contributes to the preservation and strengthening of their cultural patterns, their language, their cosmovision and ethnic identity; to actively engage in a multicultural world and to improve their quality of life. In addition, Bilingual Intercultural Education promotes a mutually enriching dialogue of knowledge and values between indigenous peoples and ethnic, linguistic and culturally different populations, and promotes recognition and respect for such differences. ARTICLE 53.
, To promote the development of Bilingual Intercultural Education, the State will be responsible for:
(a) Creating mechanisms for the permanent participation of indigenous peoples ' representatives in the bodies responsible for defining and evaluating Bilingual Intercultural Education strategies.
(b) Ensure specific, initial and continuing education at the different levels of the system.
(c) To promote research on the sociocultural and linguistic reality of indigenous peoples, enabling the design of curricular proposals, relevant educational materials and pedagogical management instruments.
(d) Promote the generation of institutional bodies for the participation of indigenous peoples in the planning and management of teaching and learning processes.
(e) Promote the construction of indigenous peoples ' own educational models and practices that include their values, knowledge, language and other social and cultural features. ARTICLE 54.
. The Ministry of Education, Science and Technology, in accordance with the Federal Education Council, will define common curricular contents that promote respect for multiculturalism and knowledge of cultures originating in all schools of the country, allowing students to value and understand cultural diversity as a positive attribute of our society.
CHAPTER XII ARTICLE 55.
EDUCATION IN LIBERTY PRIVATION CONTEXTS
. Education in Contexts of Privation of Freedom is the modality of the educational system aimed at guaranteeing the right to education for all persons deprived of their liberty, to promote their comprehensive training and full development. The exercise of this right does not allow any limitation or discrimination related to the situation of confinement, and it will be brought to the attention of all persons deprived of their liberty, in a fruitful manner, from the moment of their entry to the institution. ARTICLE 56.
: These are objectives of this modality:
(a) Ensure compulsory schooling for all persons deprived of their liberty within or outside institutions where conditions of detention permit.
(b) Providing vocational technical training, at all levels and modalities, to persons deprived of their liberty.
(c) To promote access to and permanence in Higher Education and a free distance education system.
(d) Ensure non-formal education alternatives and support educational initiatives by persons deprived of their liberty.
(e) Develop proposals to stimulate artistic creation and participation in different cultural manifestations, as well as in physical and sporting education.
(f) Provide permanent information on existing educational and cultural offers.
(g) Contribute to the social inclusion of persons deprived of their liberty through access to the educational system and to cultural life. ARTICLE 57.
To ensure the education of all persons deprived of their liberty, the Ministry of Education, Science and Technology will agree and coordinate necessary actions, strategies and mechanisms with national and provincial authorities and the Autonomous City of Buenos Aires, with higher education institutes and with universities. It is up to the Ministry of Justice and Human Rights and its provincial and Autonomous City equivalents, as well as to the bodies responsible for the institutions in which children and adolescents are deprived of their liberty, to adopt the necessary provisions for the implementation of the provisions of this chapter. ARTICLE 58.
Jurisdictional educational systems will provide initial educational care for children of CUARENTA and CINCO (45) days to CUATRO (4) years of age, born and/or raised in these contexts, through maternal or infant gardens, as well as other educational and recreational activities within and outside the prison units. ARTICLE 59.
Todos All children and adolescents deprived of their liberty in closed-regime institutions as provided for in article 19 of Act No. 26.061, shall have the right to access, stay and transit at all levels and modalities of the education system. The forms of implementation of this right will respond to criteria of flexibility and quality that ensure results equivalent to those of common education.
CHAPTER XIII ARTICLE 60.
DOMICILIARY AND HOSPITALY EDUCATION
. Household and hospital education is the modality of the educational system at the levels of Initial, Primary and Secondary Education, aimed at guaranteeing the right to education of students who, for health reasons, are unable to regularly attend an educational institution at the levels of compulsory education for periods of TREINTA (30) or more. ARTICLE 61.
El The aim of this modality is to ensure equal opportunities for students, allowing the continuity of their studies and their reintegration into the common system, where possible.
PART III ARTICLE 62.
EDUCATION OF PRIVATE GESTION
. Private management educational services will be subject to the authorization, recognition and supervision of the corresponding jurisdictional educational authorities. ARTICLE 63.
. They will have the right to provide these services to the Catholic Church, religious denominations registered in the National Register of Worships; societies, cooperatives, social organizations, trade unions, associations, foundations and companies with legal status and individuals. These agents shall have the following rights and obligations:
(a) Rights: creating, administering and sustaining educational establishments; enrolling, evaluating and issuing nationally valid certificates and titles; appointing and promoting their management, teaching, administrative and auxiliary staff; formulating curricula and curricula; approving the institutional education project in accordance with their ideology and participating in educational planning.
(b) Obligations: To comply with the regulations and guidelines of the national and jurisdictional educational policy; to provide educational services that respond to the needs of the community; to provide all the necessary information for educational supervision and accounting and labour control by the State. ARTICLE 64.
. The teachers of the recognized private management education institutions shall have the right to a minimum remuneration equal to that of the teachers of state management institutions, in accordance with the equalization regime established by the legislation in force, and shall have officially recognized degrees. ARTICLE 65.
. The allocation of financial contributions by the State for the teaching salaries of private management establishments recognized and authorized by the competent jurisdictional authorities shall be based on objective social justice criteria, taking into account the social role it performs in its area of influence, the type of establishment, the educational project or experimental proposal and the tariff established. ARTICLE 66.
. The representative entities of the private educational institutions shall participate in the Council for Education Policy of the Federal Council of Education, in accordance with article 119 (a) of this Act.
PART IV ARTICLE 67.
AND THEIR FORMATION
RIGHTS AND OBLIGATIONS
Los Teachers throughout the education system shall have the following rights and obligations, without prejudice to those establishing collective bargaining and general and specific labour legislation:
(a) To perform in any jurisdiction, through the accreditation of titles and certifications, in accordance with the current regulations.
(b) To comprehensive training and updating, free and in service, throughout your entire career.
(c) The exercise of teaching on the basis of freedom of education and freedom of education, in the framework of the principles established by the National Constitution and the provisions of this law.
(d) To actively participate in the development and implementation of the school institutional project.
(e) The development of their tasks in safe and healthy conditions.
(f) The maintenance of their stability in office as long as their performance is satisfactory in accordance with the current regulations.
(g) To the benefits of social security, retirement, insurance and social work.
(h) A decent wage.
(i) To participate in the Government of education on its own and/or through its representatives.
(j) Access to work health programmes and prevention of occupational diseases.
(k) Access to the charges for a background and opposition contest, in accordance with the legislation in force for state management institutions.
(l) National and jurisdictional collective bargaining.
(m) To the free association and to the full respect of all their rights as a citizen.
(a) To respect and enforce respect for the constitutional principles, the provisions of this Act, the institutional rules and regulations governing the teaching task.
(b) To comply with the guidelines of the national educational policy and the respective jurisdiction and with the curricular designs of each of the levels and modalities.
(c) To train and update permanently.
(d) To exercise their work in an appropriate and responsible manner.
(e) To protect and guarantee the rights of children and adolescents under their responsibility, in accordance with Act No. 26,061.
(f) To respect the freedom of conscience, dignity, integrity and privacy of all members of the educational community. ARTICLE 68.
. Administrative, technical, auxiliary, social, health and service personnel are an integral part of the educational community and their main mission will be to help ensure the functioning of educational institutions and education services, in accordance with the rights and obligations set out in their respective statutes. ARTICLE 69.
The Ministry of Education, Science and Technology, in accordance with the Federal Council of Education, shall define the basic criteria concerning the teaching career at the state level, in accordance with the provisions of this Act. The teaching career will admit at least DOS (2) options: (a) classroom performance and (b) managerial and supervisory performance. Continuous training will be one of the basic dimensions for career advancement.
For the purpose of developing such criteria, consultation mechanisms will be implemented to enable the participation of representatives of the trade union organizations and professional educational entities and other competent bodies of the national executive branch. ARTICLE 70.
. The person who has been convicted of a crime against humanity may not be incorporated into the teaching career, or has committed acts of force against the institutional order and the democratic system, as provided for in article 36 of the National Constitution and Title X of the Second Book of the Criminal Code, even if they have benefited from pardon or commutation of the penalty.
CHAPTER II ARTICLE 71.
THE DOCENT FORMATION
. Teaching training aims to prepare professionals capable of teaching, generating and transmitting the knowledge and values necessary for the integral formation of people, national development and the construction of a more just society. It will promote the construction of a teaching identity based on professional autonomy, the link with contemporary culture and society, teamwork, commitment to equality and confidence in the learning possibilities of students. ARTICLE 72.
. Teaching training is a constituent part of the level of Higher Education and has, among others, initial education, continuing education, teaching support to schools and educational research. ARTICLE 73.
La The national education policy has the following objectives:
(a) To hierarchy and to re-evaluate teacher training, a key factor in improving the quality of education.
(b) Develop the skills and knowledge necessary for teaching work at the different levels and modalities of the educational system in accordance with the guidelines of this Law.
(e) To include research and educational innovation related to teaching, experimentation and systematization of proposals that contribute to reflection on the practice and renewal of school experiences.
(d) To provide a variety of post-primary training proposals and devices that strengthen the professional development of teachers at all levels and teaching modalities.
(e) To articulate the continuity of studies in university institutions.
(f) Planning and development of the initial and continuing education system.
(g) Accrediting institutions, careers and training paths that enable the exercise of teaching.
(h) Coordinate and articulate actions for academic and institutional cooperation among higher educational education institutes, university institutions and other educational research institutions.
(i) To grant national validity to qualifications and certifications for the exercise of teaching at the different levels and modalities of the system. ARTICLE 74.
El The Ministry of Education, Science and Technology and the Federal Council of Education will agree:
(a) Initial education policies and plans.
(b) Guidelines for the organization and administration of the system and the quality parameters that guide the curricular designs.
(c) The actions that guarantee the right to continuous training for all teachers in the country, at all levels and modalities, as well as the freeness of the state's training offer. ARTICLE 75.
La Teaching training is structured in DOS (2) cycles:
(a) Common basic education, focusing on the foundations of the teaching profession and the knowledge and reflection of the educational reality and,
(b) A specialized training, for the teaching of the curricular contents of each level and modality.
Teacher training for the Initial and Primary Level shall have CUATRO (4) years of duration and forms of residence shall be introduced according to the definitions established by each jurisdiction and in accordance with the regulation of this Law. The development of distance learning practices should also be carried out in a face-to-face manner. ARTICLE 76.
el The National Institute for Education, Science and Technology as a responsible agency for:
(a) Planning and implementing joint policies for the initial and continuing education system.
(b) Promote policies to strengthen relations between the education system and the other levels of the education system.
(c) Apply the regulations governing the education system for the evaluation, self-assessment and accreditation of institutions and careers, national validity of qualifications and certifications, in all that do not result from the application of the specific provisions regarding the university level of Law No. 24.521.
(d) Promote national policies and basic curriculum guidelines for initial and continuing education.
(e) Coordinate actions to monitor and evaluate the development of initial and continuing education policies.
(f) Develop plans, programmes and materials for initial and continuing education and for the careers of humanistic and artistic socio-economic areas.
(g) Instrumentate an incentive fund for the development and strengthening of the teacher training system.
(h) Promote and develop research actions and a training laboratory.
(i) Promoting inter-agency and international technical cooperation. ARTICLE 77.
. The National Institute of Education will be assisted and advised by a Consultative Council consisting of representatives of the Ministry of Education, Science and Technology, the Federal Council of Education, the University Council, the trade union sector, private management education and academia. ARTICLE 78.
. The Ministry of Education, Science and Technology, in accordance with the Federal Council of Education, will establish the criteria for the regulation of the education system and the implementation of the accreditation and registration process of the higher education institutes, as well as the endorsement and national registration of qualifications and certifications.
PART V ARTICLE 79.
PROMOTION POLICIES OF EDUCATIONAL IGUALDAD
El The Ministry of Education, Science and Technology, in accordance with the Federal Council of Education, shall establish and develop policies to promote educational equality, aimed at addressing situations of injustice, marginalization, stigmatization and other forms of discrimination, derived from socio-economic, cultural, geographical, ethnic, gender or other factors affecting the full exercise of the right to education. ARTICLE 80.
Las The policies for the promotion of educational equality should ensure the conditions necessary for the inclusion, recognition, integration and educational achievement of all children, young people and adults at all levels and modalities, mainly compulsory ones. The State will allocate budgetary resources to ensure equal opportunities and educational outcomes for the most disadvantaged sectors of society. The Ministry of Education, Science and Technology, in accordance with the Federal Council of Education, will provide school textbooks and other educational, cultural, material, technological and economic resources to pupils, families and schools in a disadvantaged socio-economic situation. ARTICLE 81.
Las The jurisdictional authorities shall take the necessary measures to ensure access to and stay in the school of female students in a state of gravitation, as well as the continuity of their studies after maternity, avoiding any form of discrimination affecting them, in accordance with article 17 of Act No. 26.061. Schools will have breastfeeding facilities. In case of necessity, the jurisdictional authorities may include female mothers in pre- and post-partum status in the form of home and hospital education. ARTICLE 82.
Las The competent educational authorities will participate in the development of local systems for the comprehensive protection of rights established by Law No. 26.061, together with the participation of governmental and non-governmental agencies and other social organizations. They will promote the inclusion of unschooled children in non-formal school spaces as a transit to full school reintegration processes. They will also participate in preventive measures for the effective eradication of child labour by the relevant agencies. ARTICLE 83.
. The Ministry of Education, Science and Technology and the Jurisdictional Authorities will design strategies for more experienced and qualified teachers to take part in schools that are in a more unfavourable situation, to promote an improvement in the levels of learning and promotion of students without prejudice to what collective bargaining and labour legislation establish.
PART VI ARTICLE 84.
THE QUALITY OF EDUCATION
El The State must guarantee the material and cultural conditions in order for all students to achieve good quality common learning, regardless of their social origin, geographical location, gender or cultural identity. ARTICLE 85.
s To ensure the good quality of education, cohesion and national integration and ensure the national validity of the corresponding titles, the Ministry of Education, Science and Technology, in accordance with the Federal Council of Education:
(a) Define common curriculum structures and content and priority learning centres at all levels and years of compulsory schooling.
(b) It will establish mechanisms for the total or partial periodic renewal of these common curriculum contents. The contribution of the Curricular Update Council under article 119 (c) of this Act will be made to this task.
(c) Ensuring the improvement of the initial and continuing training of teachers as a key factor in the quality of education, as provided for in articles 71 to 78 of this Act.
(d) Implement an evaluation policy designed as an instrument for improving the quality of education, as set out in articles 94 to 97 of this Act.
(e) Encourage processes of innovation and educational experimentation.
(f) It will provide all schools with the necessary material resources to ensure quality education, such as infrastructure, scientific and technological equipment, physical and sports education, libraries and other educational materials, prioritizing those that cater to pupils in more disadvantaged social situations, as set out in articles 79 to 83 of this Act. ARTICLE 86.
. The provinces and the Autonomous City of Buenos Aires will establish curricular contents in accordance with their social, cultural and productive realities, and will promote the definition of institutional projects that allow educational institutions to run their own curricular developments, within the framework of the common goals and guidelines defined by this law.
CHAPTER II ARTICLE 87.
. Teaching at least one foreign language will be compulsory in all primary and secondary schools in the country. The strategies and deadlines for the implementation of this provision will be set by resolutions of the Federal Education Council. ARTICLE 88.
. The access and domain of information and communication technologies will be part of the curricular contents indispensable for the inclusion in the knowledge society. ARTICLE 89.
. The Ministry of Education, Science and Technology, in accordance with the Federal Council for Education, will have the necessary measures to provide environmental education at all levels and modalities of the National Education System, with the aim of promoting values, behaviours and attitudes that are in line with a balanced environment and the protection of biological diversity; which are conducive to the preservation of natural resources and their sustainable use and that improve the quality of life of the population. To this end, policies and strategies aimed at including environmental education in common curricular content and priority learning nuclei will be defined in this institutional area, using the coordination mechanism set out in article 15 of Act No. 25,675, as well as to train teachers on this subject. ARTICLE 90.
The Ministry of Education, Science and Technology will promote, through the Federal Council of Education, the incorporation of the principles and values of cooperation and mutualism in the teaching-learning processes and corresponding teacher training, in accordance with the principles and values set out in Act No. 16.583 and its regulations. School cooperation and mutualism will also be promoted. ARTICLE 91.
El The Ministry of Education, Science and Technology, in accordance with the Federal Education Council, will strengthen existing school libraries and ensure their creation and proper functioning in those establishments that lack them. It will also implement permanent plans and programs to promote the book and reading. ARTICLE 92.
de They will be part of the curriculum content common to all jurisdictions:
(a) Strengthening the Latin American regional perspective, particularly in the MERCOSUR region, in the framework of building an open national identity, respectful of diversity.
(b) The cause of the recovery of our Falkland Islands, South Georgia and South Sandwich Islands, as prescribed in the First Transitional Provision of the National Constitution.
(c) The exercise and construction of the collective memory on the historical and political processes that broke the constitutional order and ended up in the establishment of State terrorism, in order to generate in the students reflections and democratic feelings of defense of the rule of law and the full validity of human rights, in accordance with the provisions of Law No. 25,633.
(d) Knowledge of the rights of children and adolescents set out in the Convention on the Rights of the Child and in Act No. 26.061.
(e) Knowledge of the cultural diversity of indigenous peoples and their rights, in accordance with article 54 of this Act.
(f) Contents and approaches that contribute to generating relations based on gender equality, solidarity and respect, in accordance with the Convention on the Elimination of All Forms of Discrimination against Women, with constitutional status, and Laws No. 24.632 and No. 26.171. ARTICLE 93.
The jurisdictional educational authorities will organize or facilitate the design of programmes for the identification, early assessment, monitoring and guidance of students/as with special skills or talents and the flexibilization or expansion of the schooling process.
CHAPTER III ARTICLE 94.
INFORMATION AND EVALUATION OF THE EDUCATIONAL SYSTEM
The Ministry of Education, Science and Technology will have the primary responsibility for the development and implementation of a policy of continuous and periodic evaluation of the educational system for decision-making aimed at improving the quality of education, social justice in resource allocation, transparency and social participation. ARTICLE 95
. . The main operating variables of the system, such as coverage, repetition, defection, graduation, promotion, overage, socio-economic origin, investments and costs, learning processes and achievements, educational projects and programmes, training and practices of teachers, managers and supervisors, school units, sociocultural learning contexts and evaluation methods themselves, are the subject of information and evaluation. ARTICLE 96.
La The information and evaluation policy will be coordinated within the Federal Education Council. The jurisdictions will participate in the development and implementation of the system of evaluation and periodic information of the educational system, verifying the consistency with the needs of their own community in the search for educational equality and the improvement of quality. It will also support and facilitate the self-assessment of educational units with the participation of teachers and other members of the educational community. ARTICLE 97.
El The Ministry of Education, Science and Technology and the educational jurisdictions will publish data and indicators to facilitate transparency, good management of education and educational research. The policy of disseminating information on the results of the evaluations will safeguard the identity of students, teachers and educational institutions in order to avoid any form of stigmatization, within the framework of the legislation in force. ARTICLE 98.
. Consider the National Council for the Quality of Education, within the Ministry of Education, Science and Technology, as a specialized advisory body, which will be composed of members of the academic and scientific community of recognized background in the field, representatives of the Ministry, the Federal Council of Education, the National Congress, the organisations of work and production, and the associations of teachers with national person.
It will have functions:
(a) Propose criteria and modalities in the evaluation processes of the National Education System.
(b) To participate in and provide technical advice on the monitoring of the evaluation processes of the National Education System.
(c) To elect the Ministry of Education, Science and Technology proposals and studies aimed at improving the quality of national education and equity in resource allocation.
(d) To participate in the dissemination and use of information generated by such processes.
(e) To advise the Ministry of Education, Science and Technology on participation in international evaluation operations. ARTICLE 99.
El The national executive branch, on the proposal of the Ministry of Education, Science and Technology, will annually submit a report to the Honorable Congress of the Nation, giving account of the information collected and the results of the assessments carried out according to the variables stipulated in Article 95 of the present, and of the actions developed and policies to be carried out in order to achieve the objectives set forth in this law.
PART VII ARTICLE 100.
EDUCATION, NEW TECHNOLOGIES AND COMMUNICATION MEASURES
El The national executive branch, through the Ministry of Education, Science and Technology, will set policy and develop educational options based on the use of information and communication technologies and the mass media of social communication, which collaborate with the fulfilment of the aims and objectives of this law. ARTICLE 101.
. Recognise Educ.ar Sociedad del Estado as the body responsible for the development of the contents of the Educational Portal created within the Ministry of Education, Science and Technology, or under any other domain that can replace it in the future. To this end, Educ.ar Society of the State may develop, develop, hire, administer, qualify and evaluate its own and third-party contents that are included in the Educational Portal, in accordance with the respective guidelines that approve its directory and/or instruct it. ARTICLE 102.
. The Ministry of Education, Science and Technology will be responsible for Educ.ar Society of the State, through the educational series "Encuentro" or others that could be generated in the future, the production and broadcasting of educational and multimedia television programmes aimed at strengthening and complementing national strategies for equity and improving the quality of education, within the framework of the general policies of the Ministry. Such programming will be directed to:
(a) Teachers at all levels of the National Education System for training and professional updating.
(b) The students, in order to enrich the work in the classroom with innovative methodologies and as a space for the search and extension of the curricular contents developed in the classes.
(c) Adults and young people outside the education system, through proposals for vocational and technical training, literacy and completion of primary and secondary education, in order to incorporate, through the application of new educational processes, excluded social sectors.
(d) The population in general through the issuance of cultural, educational and scientific content, as well as language courses in distance education. ARTICLE 103.
. The Ministry of Education, Science and Technology will create a Consultative Council consisting of representatives of the written, radio and television media, of the representative agencies of the advertising advertisers and the Federal Education Council, in order to promote greater levels of responsibility and commitment of the mass media to the educational task of children and young people.
PART VIII ARTICLE 104.
EDUCATION TO DISTAIN
. Distance Education is a pedagogical and didactic option applicable to different levels and modalities of the national education system, which helps to achieve the objectives of education policy and can be integrated both to formal education and non-formal education. ARTICLE 105.
. For the purposes of this law, distance education is defined as the pedagogical and didactic option where the teacher-teacher relationship is separated in time and/or in space, for all or much of the educational process, in the framework of a comprehensive pedagogical strategy that uses material supports and technological resources designed especially for students to achieve the objectives of the educational proposal. ARTICLE 106.
. Studies known as semi-presential education, assisted education, open education, virtual education and anyone who meets the above characteristics are included in the name Distance Education. ARTICLE 107.
. Distance Education shall be in accordance with the requirements of this law, the national, federal and jurisdictional regulations in force in the matter, and the control procedures that emanate from the different levels of the State. ARTICLE 108.
. The national State and jurisdictions, within the framework of the Federal Education Council, will design distance education strategies aimed at promoting their development with the highest standards of quality and relevance and will define the corresponding regulatory mechanisms. ARTICLE 109.
. Distance studies as an alternative for young people and adults can only be taught from DIECIOCHO (18) years of age. For the rural modality and in accordance with the jurisdictional decisions, distance studies can be implemented from the Secundary Level Orientated Cycle. ARTICLE 110.
. The national validity of certificates and certificates of distance studies will conform to the regulations of the Federal Council of Education and the specific control, monitoring and evaluation circuits, by the Federal Commission for Registration and Permanent Evaluation of Offers of Distance Education and in accordance with the current regulations. ARTICLE 111.
. The educational authorities should monitor the veracity of information disseminated from the institutions, the strict coincidence between such information and the authorised and implemented proposal and compliance with the relevant federal and jurisdictional regulations.
PART IX ARTICLE 112.
El The Ministry of Education, Science and Technology, the provinces and the Autonomous City of Buenos Aires will promote non-Formal education proposals aimed at meeting the following objectives:
(a) Develop educational programmes and actions that respond to the requirements and needs of training and productive and labour conversion, community promotion, sociocultural animation and improvement of living conditions.
(b) Organize cultural centres for children and young people in order to develop expressive, playful and research capacities through non-school programmes of activities related to art, culture, science, technology and sport.
(c) Implement child development strategies, with the articulation and/or associated management of government areas of social and health development to provide comprehensive care for children between CUARENTA and CINCO (45) days and DOS (2) years of age, with the participation of families and other social actors.
(d) Coordinate actions with public or private institutions and non-governmental, community and social organizations to develop complementary training activities for formal education.
(e) To maximize the use of community educational capacities and resources at the level of culture, art, sport, scientific and technological research.
(f) To coordinate educational and educational actions with the mass media of social communication.
PART X ARTICLE 113.
GOVERNMENT AND ADMINISTRATION
. The Government and Administration of the National Education System is a concurrent and concerted responsibility of the national executive branch through the Ministry of Education, Science and Technology and the executive branches of the provinces and the Government of the Autonomous City of Buenos Aires. The national educational policy is the Federal Education Council. ARTICLE 114.
El The Government and Administration of the Education System will ensure effective compliance with the principles and objectives set out in this Act, in accordance with the constitutional criteria of national unity and federalism.
CHAPTER II ARTICLE 115.
MINISTERY OF EDUCATION, SCIENCE AND TECHNOLOGY
The national executive branch, through the Ministry of Education, Science and Technology, will be the authority to implement this law. It will be your functions:
(a) Establish educational policies and strategies, in accordance with the procedures for the participation and consultation of this Act.
(b) Ensure compliance with the principles, purposes, objectives and forecasts set out in this Act for the National Education System through the planning, implementation, monitoring and evaluation of policies, programmes and educational results. In the event of a dispute in the judicial implementation of the aforementioned principles, purposes and objectives, the matter shall be submitted to the opinion of the Federal Council of Education in accordance with article 118 of this Act.
(c) Strengthen the planning and educational management capacities of provincial governments for the performance of their own functions and those emanating from this Act.
(d) Develop research, training and educational innovation programmes, on their own initiative or in cooperation with higher education institutions and other academic centres.
(e) Contribute with technical and financial assistance to the provinces and the Autonomous City of Buenos Aires to ensure the functioning of the educational system.
(f) Declaring the educational emergency to provide extraordinary assistance in that jurisdiction in which the right to education of students who are subject to compulsory levels and cycles is at risk, in accordance with Article 2 of this Law. This decision and the measures to be implemented shall have the agreement of the jurisdiction involved and of the Federal Council of Education, and shall be communicated to the national legislature.
(g) Dictate general rules on equivalences of curricula and curricular designs of jurisdictions, in accordance with Article 85 of this Law and grant national validity to qualifications and certificates of studies.
(h) Dictate general rules on revalidation, equivalence and recognition of certificates issued and studies conducted abroad.
(i) Coordinate and manage international technical and financial cooperation and promote integration, particularly with MERCOSUR countries.
CHAPTER III ARTICLE 116.
THE FEDERAL EDUCATION COUNCIL
. Créase el Consejo Federal de Educación, organismo interjurisdiccional, de carácter permanente, como ámbito de concertación, acuerdo y coordinación de la política educativo nacional, asegurarndo la unidad y articulación del Sistema Educativo Nacional. It will be chaired by the Minister of Education, Science and Technology and composed of the authorities responsible for the educational conduct of each jurisdiction and THREE (3) representatives of the University Council, as set out in Act No. 24.521. ARTICLE 117.
Los The bodies that make up the Federal Council of Education are:
(a) The Federal Assembly is the highest organ of the Council. It will be composed of the minister of the area of the national executive branch as president, by the ministers or responsible of the educational area of the provinces and the Autonomous City of Buenos Aires and TRES (3) representatives of the Council of Universities.
In the meetings, representatives of each of the Honorable Chambers of Senators and Deputies of the Nation, one by the majority and the other by the first minority, will participate with voice and without vote.
(b) The Executive Committee shall operate within the framework of resolutions adopted by the Federal Assembly. It will be chaired by the minister of the area of the national executive branch and composed by the members representatives of the regions that make up it, appointed by the Federal Assembly every DOS (2) years. In order to ensure greater participation according to the type of decisions considered, the Expanded Executive Committee, composed of the required jurisdictional educational authorities, may be convened.
(c) The General Secretariat shall have the mission to conduct and coordinate activities, work and studies as established by the Federal Assembly and the Executive Committee. The incumbent will also serve as the Federal Coordinator of the Federal Commission for the Registration and Standing Evaluation of the Offers of Distance Education and the implementation, during its operation, of the National Fund for Teaching Incentive and the Program for the Compensation of Teaching Salarials, in accordance with Law No. 26.075. It will be appointed every DOS (2) years by the Federal Assembly. ARTICLE 118.
Las The resolutions of the Federal Council of Education shall be binding, when the Assembly so provides, in accordance with the Regulation that it establishes for these cases. With regard to resolutions relating to transfers of national budget items, they would govern the monitoring and control mechanisms established by Act No. 26.075. ARTICLE 119.
El The Federal Education Council will be supported by the following Consultative Councils, whose opinions and proposals will be public:
(a) The Education Policy Council, whose main mission is to analyse and propose priority issues to be considered in the development of policies arising from the implementation of this law.
It is composed of representatives of the National Academy of Education, representatives of nationally-owned educational union organizations, representatives of private management education, representatives of the University Council, social organizations linked to education, and educational authorities of the Executive Committee of the Federal Education Council. The Federal Assembly may invite individuals or organizations to participate in meetings of the Education Policy Council to expand the analysis of topics on its agenda.
(b) The Economic and Social Council shall participate in discussions concerning the relations between education and the world of work and production. It is composed of representatives of business organizations, workers' organizations, non-governmental organizations, productive socio organizations of recognized national background and educational authorities of the Executive Committee of the Federal Education Council.
(c) The Curricular Update Council, in charge of proposing innovations in the common curriculum contents. It will consist of qualified personalities of culture, science, technology and the world of work and production, appointed by the Minister of Education, Science and Technology in accordance with the Federal Council of Education. ARTICLE 120.
The Federal Assembly shall at least UNA (1) once a year monitor and evaluate compliance with this law. In addition, it will convene at least DOS (2) times a year representatives of educational union organizations with national personality to consider defined agendas of common agreement.
CHAPTER IV ARTICLE 121.
EDUCATIONAL AUTHORITIES OF PROVINCIES AND THE AUTONOMA OF GOOD AIRES
The provincial governments and the Autonomous City of Buenos Aires, in compliance with the constitutional mandate, must:
(a) Ensuring the right to education in its territorial sphere. Complying and enforcing this law, adapting jurisdictional legislation and providing the necessary measures for its implementation;
(b) To be responsible for planning, organizing, administering and financing the education system within its jurisdiction, according to its social, economic and cultural particularities.
(c) To approve the curriculum of the various levels and modalities within the framework of the provisions of the Federal Education Council.
(d) Organize and conduct State-run educational institutions.
(e) Authorize, recognize, monitor and make contributions to private, cooperative and social educational institutions, in accordance with the criteria set out in article 65 of this Act.
(f) Implement the resolutions of the Federal Education Council to safeguard the unity of the National Education System.
(g) To issue degrees and certificates of studies.
CHAPTER V ARTICLE 122.
La The educational institution is the pedagogical unit of the system responsible for teaching-learning processes aimed at achieving the objectives set by this law. To this end, it promotes and articulates the participation of the various actors that constitute the educational community: managers, teachers, parents and/or guardians, students, former students, administrative and teaching assistants, professionals of the support teams that guarantee the integrality of education, school cooperatives and other organizations linked to the institution. ARTICLE 123.
El The Federal Education Council shall establish the necessary arrangements for the organization of educational institutions in accordance with the following general criteria, which shall be adapted to the levels and modalities:
(a) To define, as a working community, its educational project with the participation of all its members, respecting the principles and objectives set out in this law and in the existing jurisdictional legislation.
(b) Promote organizational modes that guarantee democratic dynamics of call and participation of students in the school experience.
(c) Adopt the principle of non-discrimination in the access and educational trajectory of pupils/a.
(d) Provide educational teams with the possibility of having institutional spaces to develop their common educational projects.
(e) Promote the creation of articulation spaces between institutions of the same educational level and of different educational levels in the same area.
(f) Promote intersectoral and inter-agency linkages with areas deemed relevant, in order to ensure the provision of social, psychological, psycho-pedagogical and medical services that guarantee adequate conditions for learning.
(g) Develop institutional self-assessment processes to review pedagogical and management practices.
(h) To make curricular adjustments, within the framework of the jurisdictional and federal curricular guidelines, to respond to the particularities and needs of their students and their environment.
(i) Define its code of coexistence.
(j) Develop mediation practices that contribute to the peaceful resolution of conflicts.
(k) Promote initiatives in the field of experimentation and pedagogical research.
(l) Maintain regular and systematic linkages with the local environment, develop outreach activities, such as learning-service actions, and promote networking that strengthen community cohesion and interact with the diversity of situations presented by students/a and their families.
(m) Promote community participation through school cooperation in all state-run educational institutions.
(n) To promote the use of school facilities for recreational, expressive and community activities.
ñ) Promote educational experiences outside the school arena, in order to enable students to learn about national culture, experience physical and sporting activities in urban and natural environments and have access to the cultural activities of their locality and others. ARTICLE 124.
. Higher education institutes will have a democratic management, through collegiate bodies, that favor the participation of teachers and students in the government of the institution and greater degrees of decision in the design and implementation of their institutional project.
CHAPTER VI ARTICLE 125.
RIGHTS AND FUNDS OF
Todos All students have the same rights and duties, no more distinctions than those derived from their age, the level of education or modality they are studying or those established by special laws. ARTICLE 126.
Los Students are entitled to:
(a) A comprehensive and equal education in terms of quality and quantity that contributes to the development of your personality, facilitates the acquisition of knowledge, skills and sense of social responsibility and solidarity and guarantees equal opportunities.
(b) To be respected in their freedom of conscience, within the framework of democratic coexistence.
(c) To attend school to complete compulsory education.
(d) Be protected against any physical, psychological or moral aggression.
(e) To be evaluated in their performance and achievements, in accordance with rigorously and scientifically founded criteria, at all levels, modalities and guidance of the system, and reported on.
(f) To receive the necessary economic, social, cultural and pedagogical support to ensure equal opportunities and opportunities to complete compulsory education.
(g) Receiving vocational, academic and professional-occupational guidance that facilitates their integration into the labour world and the continuation of other studies.
(h) Integrate student centres, associations and clubs or other community organizations to participate in the functioning of educational institutions, with progressively greater responsibilities, as they progress at the levels of the system.
(i) Participate in decision-making on the formulation of projects and the choice of complementary curricular spaces that aim to develop greater degrees of responsibility and autonomy in their learning process.
(j) Develop their learning in buildings that meet safety and health standards, with facilities and equipment that ensure the quality of the education service. ARTICLE 127.
: These are the duties of students:
(a) To study and strive to achieve maximum development according to their capacities and possibilities.
(b) Participate in all training and complementary activities.
(c) To respect the freedom of conscience, dignity, integrity and privacy of all members of the educational community.
(d) To participate and collaborate in the improvement of school coexistence and in the attainment of an adequate climate of study in the institution, respecting the right of their peers to education and guidance of the authority, teachers and teachers.
(e) To respect the institutional educational project, the rules of organization, coexistence and discipline of the school establishment.
(f) Assisting class regularly and on time.
(g) To maintain and make good use of educational facilities, equipment and materials.
CHAPTER VII ARTICLE 128.
RIGHTS AND FUNDS OF PADRES, MADRES, TUTORS/AS
Los Parents, mothers or guardians of students are entitled to:
(a) Be recognized as natural and primary agents of education.
(b) To participate in the activities of individual educational establishments or through school cooperatives and representative collegiate bodies, within the framework of the institutional educational project.
(c) To choose for their children or representatives, the educational institution whose idea responds to their philosophical, ethical or religious convictions.
(d) To be informed periodically about the evolution and evaluation of the educational process of their children or represented. ARTICLE 129.
Los The parents, mothers or guardians of the students have the following duties:
(a) Ensuring compulsory education for their children or representatives.
(b) Ensuring the attendance of their children or representatives to school establishments for compulsory schooling, with the exception of health or legal exceptions that prevent them from being educated on a regular basis.
(c) To continue and support the evolution of the educational process of their children.
(d) To respect and enforce respect for their children or representatives the pedagogical authority of the teacher and the standards of coexistence of the educational unit.
(e) To respect and ensure respect for their children or representatives for the freedom of conscience, the dignity, integrity and privacy of all members of the educational community.
PART XI ARTICLE 130.
MAINTENANCE OF THE LEY OBJECTIVES
. The Ministry of Education, Science and Technology, in its capacity as the implementing authority of this law, will agree with the provinces and the Autonomous City of Buenos Aires, within the scope of the Federal Council of Education, the implementation and follow-up of educational policies designed to comply with the provisions of this law. To that end, they shall be established:
(a) The timetable for the implementation of the new unified structure of the National Education System, in accordance with articles 15 and 134 of this law.
(b) Planning the programmes, activities and actions that will be developed to help meet the objectives of this law, with their respective goals, timetables and resources.
(c) Such planning shall ensure the convergence, complementation and integration of the objectives of this Act with those set out in section 2 of Act No. 26.075, which govern until 2010.
(d) Mechanisms for monitoring and evaluating compliance with the objectives of this Act and those set out in section 2 of Act No. 26.075.
(e) The definition and implementation of efficient audit procedures to ensure the use of education resources as planned. ARTICLE 131.
El The Ministry of Education, Science and Technology, in its capacity as the implementing authority of this law, will carry out bilateral agreements with the provinces and the Autonomous City of Buenos Aires in which they will be established:
(a) Annual targets for achieving the objectives proposed by this rule, which are not included in section 2 of Act No. 26.075;
(b) The resources of national and provincial origin, or in its case of the Autonomous City of Buenos Aires, which will be allocated for its implementation; and
(c) Evaluation mechanisms designed to verify their proper assignment.
PART XII ARTICLE 132
TRANSITORY AND COMPLEMENTARY PROVISIONS
. . Act No. 25,030, Act No. 24,195, Act No. 22,047 and its Regulation Decree No. 943/84, and other supplementary and clarification rules. ARTICLE 133.
". Replace, in Article 5 and successive of Law No. 24.521 and its amendments, the term "non-university higher education institutions" for the term "institutions of higher education". ARTICLE 134.
cada From the validity of this law each jurisdiction may decide only between two options of structure for the levels of Primary and Secondary Education of Common Education:
(a) A structure of SEIS (6) years for the level of Primary Education and SEIS (6) years for the level of Secondary Education or,
(b) A structure of SIETE (7) years for the level of Primary Education and CINCO (5) years for the level of Secondary Education.
With regard to technical education, the provisions of article 24 of Act No. 26.058 apply.
A period of SEIS (6) years is established, starting with the sanction of this law, so that, through agreements between the Ministry of Education, Science and Technology and the Federal Council of Education, the location of the seventh (7th) year of schooling is defined. The Ministry of Education, Science and Technology and the Federal Council of Education will agree on the criteria for unification that, respecting the conditions of different jurisdictions, ensure the necessary mechanisms for equivalence and certification of studies, mobility of students and rights acquired by teachers. ARTICLE 135.
El The Federal Education Council will agree and define organizational criteria, pedagogical models and other necessary provisions for:
(a) Progressively universalization of educational services for children of CUATRO (4) years of age, established in article 19 of this Act, prioritizing the most disadvantaged sectors;
(b) Implement the extended or complete day, established by article 28 of this law, in order to introduce the new curricular contents proposed for primary education. Such implementation shall be planned and implemented in accordance with the provisions of article 130 (b), (c) and (d) of this Act; and until this process has been completed, the different jurisdictions shall ensure a minimum of VEINTE (20) weekly hours for primary schools that do not yet have the extended or complete day. ARTICLE 136
. El The Federal Council of Education shall agree at the end of UN (1) year, on the basis of the sanction of this Law, a resolution of compulsory compliance with the provisions of Article 32 of this Law, together with the technical and budgetary studies that facilitate its implementation. ARTICLE 137.
Educational services in the form of Education in Contexts of Privation of Freedom are the same as the level corresponding to the target population and can be implemented through flexible pedagogical strategies that guarantee equality in the quality of the results.
Certifications will correspond to the models of common education. ARTICLE 138.
. The Ministry of Education, Science and Technology, in accordance with the Federal Education Council, will design end-to-end programmes aimed at ensuring the eradication of illiteracy and the implementation of compulsory education prescribed in article 16 of this Act for the elderly population of DIECIOCHO (18) years of age who have not reached it at the date of the enactment of this Act. The programme will be provided with face-to-face and distance educational services, integrating a scholarship system for young people and adults, and free provision of learning materials, ensuring the quality of education, as well as the permanence and progression of participants.
In addition, and within the framework of article 47 of this Act, it will promote the adoption of programmes for the collection, dissemination, communication, guidance and support of such persons when conducting administrative arrangements and participating in programmes such as the processing of the National Identity Document, driver ' s license and vaccination campaigns, among others. ARTICLE 139
. . The technical consultation of the teaching training policies, agreed upon in the Federal Council of Education, will be carried out through federal meetings that guarantee the participation and consultation of the directors or responsible for the Higher Education of each jurisdiction, under the coordination of the National Institute of Teaching Training. ARTICLE 140.
. The Federal Education Council will agree on the general and common criteria to guide, after analysis and relay of the situation in each jurisdiction, the legal framework of cooperative and social management educational institutions and the rules governing their recognition, authorization and supervision. ARTICLE 141.
. Invite the provincial jurisdictions and the Autonomous City of Buenos Aires to carry out the necessary reforms in the legislation that regulates the work and professional teaching, in order to incorporate the disqualification for the exercise of the teaching to those who have been convicted for crimes against sexual integrity, in accordance with Title III, Chapters II, III, IV and V of the Second Book of the Criminal Code, even if they have benefited by the pardon. ARTICLE 142.
. Educ.ar Society of the State, the goods that integrate its heritage, acts and contracts that it celebrates on a onerous or free basis, shall be exempt from any tax, tariff or national tax, whatever its denomination, since its social object exceeds the mere search for a profit and constitutes an essential tool for the public education of Argentina and the dissemination of the equal knowledge of all the inhabitants, through the Internet and the educational television. ARTICLE 141.
El The national State, the provinces and the Autonomous City of Buenos Aires shall guarantee to migrants without a National Identity Document (DNI), the access and conditions for the permanence and the egress of all levels of the education system, by presenting documents emanating from their country of origin, in accordance with article 7 of Law No. 25.871. ARTICLE 144.
. Children and young people living abroad temporarily can fulfill compulsory education through distance education services. ARTICLE 145.
. Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO CATORCE DIAS del MES DECEMBER OF THE YEAR DOS MIL SEIS.
# 26,206 EL
ALBERTO E. BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.
S ERRATA S Law 26,206
In the edition of 28 December 2006, in which the aforementioned Act was published, article 126, third paragraph, outlined the following printing error: DONDE DICE:
(e) I should say: