


MARCO LEGAL
HOMESCHOOLING

Hola familia!
En SKOLE queremos que tomes la mejor decisión, te invitamos a informarte sobre el marco legal que ampara tu decisión educativa en el país que resides. Recuerda que la normativa varía dependiendo de tu lugar de residencia, por favor lee atentamente la siguiente información que te presentamos y continúa investigando para que en familia puedan estar muy seguros del siguiente paso en la educación de sus hijos.
NORMATIVA INTERNACIONAL
Declaración de los Derechos Humanos
Artículo 26:
3. Los padres tendrán derecho preferente a escoger el tipo de educación que habrá de darse a sus hijos.
Pacto Internacional de Derechos Civiles y Políticos – Naciones Unidas, derechos humanos.
Artículo 18
4. Los Estados Partes en el presente Pacto se comprometen a respetar la libertad de los padres y, en su caso, de los tutores legales, para garantizar que los hijos reciban la educación religiosa y moral que esté de acuerdo con sus propias convicciones.
Pacto Internacional de Derechos Económicos, Sociales y Culturales
Artículo 13
1. Los Estados Partes en el presente Pacto reconocen el derecho de toda persona a la educación. Convienen en que la educación debe orientarse hacia el pleno desarrollo de la personalidad humana y del sentido de su dignidad, y debe fortalecer el respeto por los derechos humanos y las libertades fundamentales. Convienen asimismo en que la educación debe capacitar a todas las personas para participar efectivamente en una sociedad libre, favorecer la comprensión, la tolerancia y la amistad entre todas las naciones y entre todos los grupos raciales, étnicos o religiosos, y promover las actividades de las Naciones Unidas en pro del mantenimiento de la paz.
3. Los Estados Partes en el presente Pacto se comprometen a respetar la libertad de los padres y, en su caso, de los tutores legales, de escoger para sus hijos o pupilos escuelas distintas de las creadas por las autoridades públicas, siempre que aquéllas satisfagan las normas mínimas que el Estado prescriba o apruebe en materia de enseñanza, y de hacer que sus hijos o pupilos reciban la educación religiosa o moral que esté de acuerdo con sus propias convicciones.
¿HOMESCHOOLING EN MI PAIS?
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ColombiaIn Colombia, as in other Latin American countries, there is a legal vacuum regarding home education, since there are no laws or regulations that regulate or prohibit it. However, families can benefit from the Political Constitution and the National Education Law to give continuity to their right to choose the type of education for their children. It should be borne in mind that education and schooling are two different concepts. Education corresponds to the right to learn and develop in society, while schooling refers to receiving education in an institution. Argentine laws define the compulsory nature of education, but not the compulsory nature of schooling. Political Constitution of Colombia ARTICLE 67. Education is a right of the person and a public service that has a social function; With it, access to knowledge, science, technology, and other goods and values of culture is sought. Education will train Colombians to respect human rights, peace and democracy; and in the practice of work and recreation, for cultural, scientific, technological improvement and for the protection of the environment. The State, society and the family are responsible for education, which will be compulsory between the ages of five and fifteen and will include at least one year of preschool and nine years of basic education. ARTICLE 68. Parents shall have the right to choose the type of education for their minor children. In State establishments, no person may be forced to receive religious education. ARTICLE 27. The State guarantees the freedoms of teaching, learning, research and teaching. Law 115 of 1994 – General Education Law. ARTICLE 7. The family. The family as the fundamental nucleus of society and the first responsible for the education of children, until they come of age or until any other class or form of emancipation occurs, corresponds to: g) Educate their children and provide them at home with the right environment for their integral development. Certification and validation Decree 2832 of 2005 – Validation of Basic and Secondary Academic Education ARTICLE 1. Scope of application: The provisions of this chapter are intended to regulate the validation by degrees of formal education studies, for cases in which the student can demonstrate that he has achieved the knowledge, abilities and skills in each of the compulsory and fundamental areas established for the grades of basic and secondary academic education. ARTICLE 2. Procedure: Educational establishments that meet the legal operating requirements and that in the SABER competency tests are located above the average of the certified territorial entity or in the State Examination are, at least , in the high category, will be able to carry out, free of charge, the validation of studies, by degrees, through evaluations or academic activities to serve people who are in academic situations such as the following: Have completed one or several grades without the corresponding record in the grade book. Having taken or being taking a degree due to an administrative error without having passed the previous degree. Have studied in an educational establishment that has disappeared or whose files have been lost. Having studied in an educational establishment sanctioned by the secretary of education for not complying with the legal requirements of operation. Having studied in another country and not having completed one or several previous degrees, or the study certificates are not duly legalized. Not having completed one or several grades of any of the cycles or levels of basic or secondary education, except the one that leads to the bachelor's degree. Decree 299 of 2009 – Validation of the Baccalaureate in a single exam. ARTICLE 1. Validation of the baccalaureate. Those over 18 years of age can validate the baccalaureate in a single exam. It is the responsibility of the Colombian Institute for the Promotion of Higher Education – ICFES – to program, design, administer and qualify the high school validation tests. The registration, registration and application of the tests will also be under your responsibility. The validation of the baccalaureate in a single exam will be recognized exclusively by the ICFES to those who present and pass the written tests or computer applications made for this purpose. Curriculum and Academic Content Law 115 of 1994 – General Education Law. ARTICLE 23. Obligatory and fundamental areas. To achieve the objectives of basic education, mandatory and fundamental areas of knowledge and training are established that will necessarily have to be offered in accordance with the curriculum and the Institutional Educational Project. The groups of compulsory and fundamental areas that will comprise a minimum of 80% of the study plan, are the following: Natural sciences and environmental education. Social sciences, history, geography, political constitution and democracy. Artistic education. Ethical and human values education. Physical education, recreation and sports. Religious education. Humanities, Spanish language and foreign languages. Mathematics. Technology and computing
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EcuadorHome education or homeschooling is legal in Ecuador and is governed by the Organic Law of Intercultural Education, its general regulations, ministerial agreements and the national curriculum determined by the national educational authority. Educación en Casa allows exercising the right to education as established in Article 29 of the Constitution of the Republic of Ecuador, which determines that "Mothers and fathers or their representatives shall have the freedom to choose for their daughters and children an education in accordance with their principles, beliefs and pedagogical options.” In this sense, the families that choose this service expand their functions and responsibilities, since it is not just about academic training, but about the dedication to the harmonic and integral development of each student. You can download the following document for further consultation on homeschooling in Ecuador See here how to validate the title obtained outside the country https://educacion.gob.ec/recognition-de-estudios-realizados-en-el-exterior-y-homologacion-de-titulos-de-bachiller/
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MexicoIn Mexico, as in other Latin American countries, there is a legal vacuum regarding home education, since there are no laws or regulations that regulate or prohibit it. Therefore, it is important to define the terms education and schooling before continuing with the regulations that welcome Mexican Homeschooling families. What is education? According to the RAE , education is the upbringing, teaching and doctrine that is given to children and young people. The Mexican General Education Law defines: Article 2: Education is a fundamental means to acquire, transmit and increase culture; It is a permanent process that contributes to the development of the individual and the transformation of society, and is a determining factor for the acquisition of knowledge and for training women and men, so that they have a sense of social solidarity. Article 5 : Every person has the right to education, which is a means to acquire, update, complete and expand their knowledge, skills, abilities and aptitudes that allow them to achieve their personal development and professional; as a consequence, to contribute to their well-being, to the transformation and improvement of the society of which they are a part. What is schooling? According to the RAE< /a>, schooling is providing school to the child population so that they receive compulsory education. The General Law of Education defines education as compulsory because it is a universal right of all children, but it does not define schooling in compulsory face-to-face school. ABOUT THE VALIDATION OF HOME EDUCATION Political Constitution of Mexico Article 3. Everyone has the right to education. The State -Federation, States, Mexico City and Municipalities- will provide and guarantee initial, preschool, primary, secondary, upper secondary and higher education. Initial, preschool, primary and secondary education make up basic education; this and the high school will be mandatory, higher education will be in terms of fraction X of this article. Initial education is a child's right and it will be the responsibility of the State to raise awareness of its importance The General Law of Mexican Education Article 61.- Studies carried out outside the national education system may acquire official validity, through their revalidation, for which the general standards and criteria determined by the Secretariat must be complied with as provided in article 63 of this Law. Article 64. The Secretariat, by agreement of its owner, may establish procedures through which certificates, records, diplomas or titles are issued to those who prove partial or terminal knowledge that corresponds to a certain educational level or school grade, acquired self-taught, from work experience or through other educational processes.
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ArgentinaIn Argentina, as in other Latin American countries, there is a legal vacuum regarding home education, since there are no laws or regulations that regulate or prohibit it. However, families can benefit from the Political Constitution and the National Education Law to give continuity to their right to choose the type of education for their children. It should be borne in mind that education and schooling are two different concepts. Education corresponds to the right to learn and develop in society, while schooling refers to receiving education in an institution. Argentine laws define the compulsory nature of education, but not the compulsory nature of schooling. National Education Law ARTICLE 2.- Education and knowledge are a public good and a personal and social right, guaranteed by the State. 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 established by article 4 of this law; the municipalities, the officially recognized religious confessions and the organizations of the society; and the family, as a natural and primary agent. Political constitution Article 14.- All the inhabitants of the Nation enjoy the following rights in accordance with the laws that regulate their exercise; namely: to work and engage in any lawful industry; to navigate and trade; to petition the authorities; to enter, stay, transit and leave the Argentine territory; to publish their ideas in the press without prior censorship; to use and dispose of your property; to associate with useful ends; to freely profess their worship; to teach and learn. Article 19.- The private actions of men that in no way offend public order and morals, or harm a third party, are only reserved to God, and exempt from the authority of God. the magistrates. No inhabitant of the Nation shall be forced to do what the law does not mandate, nor deprived of what it does not prohibit. Civil Code of the Republic of Argentina Art.264.- Parental authority is the set of duties and rights that correspond to the parents over the persons and assets of the children, for their protection and integral formation, from the conception of these and while they are minors and have not been emancipated. Art.265.- Minor children are under the authority and care of their parents. They have the obligation and the right to raise their children, feed them and educate them according to their condition and fortune, not only with the children's property, but with their own. Law for the Comprehensive Protection of the Rights of Children and Adolescents Article 7 — FAMILY RESPONSIBILITY. The family is primarily responsible for assuring children and adolescents the full enjoyment and effective exercise of their rights and guarantees. The father and the mother have common and equal responsibilities and obligations regarding the care, development and comprehensive education of their children. In addition, homeschooling families can be accepted as free students. Free students will be considered those who receive instruction in their homes or in non-recognized institutions during the period of school age.