On the 5th of this year, in a column published here, I argued that the biggest risk, given the impact of a new education law, was not changing but perpetuating a long-documented failure. When the Freedom of Education Act is published today, this debate will no longer be hypothetical, but will become concrete: for the first time in a long time We have a legal text that allows us to assess whether the Argentine education system is ready to take a different path.
In June 2023, in the midst of the election scenario, the National Academy of Education released a statement entitled “Education is a priority.” Eleven priorities were listed that the academy believes should guide any attempt at education reform. Today it is possible to counteract this agenda with the draft law. The question is simple and relevant: how much of what was considered essential is actually included in the standard?
The results are overwhelming. Ten of the eleven priorities are considered, many of them explicitly. Only one – the universal extended day – does not appear in the standard. Let’s look at each of them in detail.
The first priority aimed to strengthen initial education and restore the centrality of reading, writing and mathematics in primary school. The law clearly states this: it establishes the obligation from the age of four until the end of secondary school (Article 19) and sets among the objectives of primary school “ensuring the mastery of the basic skills of reading, writing and mathematics” (Article 21, subsection b). It is not a rhetorical gesture, but a normative commitment to fundamental learning.
The second priority – the extended day in all area codes – It’s the only thing that doesn’t appear in the new law. The standard establishes minimum hours of training (540 and 720 hours per year, depending on the level), but does not establish a policy for universal dual training.
The third priority proposed was to link secondary school with the world of work and the transition to a dual education system. The law expressly includes this principle: orders to “promote the connection (…) with the production and labor sector” and enables training practices without employment relationships (Article 40). It represents a concrete step towards the final implementation of a dual system.
The fourth priority, historically sensitive, It referred to entering higher education. Here the law introduces a fundamental change: it replaces Article 7 of Law 24.521 and stipulates that institutions must establish admission mechanisms based on fairness and adequacy criteria and that, for remedial courses or pathways, direct examination must be offered as an alternative route (Article 153). The possibility of examinations and institutional responsibility are expressly recognized.
The fifth priority, This also applies to in-person, hybrid and virtual modalities. The law recognizes education at home and in digital environments as valid forms (Articles 49 and 50) and requires standardized assessments to recognize the minimum common content (Articles 52 and 53). The experience gained since the pandemic is now finally being incorporated into the regulations.
The sixth and eighth priorities focused on the heart of the system: Teacher training, careers, assessment and professionalisation. The law devotes its entire title V to these topics. Establishes the National Institute for Teacher Training and Career (Article 118), introduces mandatory periodic assessments with a frequency of not more than four years (Article 122), combines stability with performance and ethics (Article 120) and establishes principles of performance and continuous professional development (Articles 113 and 119).
The seventh priority called for making education an essential service. The law makes it clear: Basic education is considered an “essential service” and its continuity must be guaranteed even in times of labor conflicts (Article 48). It is a concrete affirmation of student rights.
The ninth priority called for transparency: publication of results, continuous evaluations and public access to information. The law is moving forward decisively. Establishes the National Secondary School Examination (ENES) as a voluntary assessment at the end of secondary school (Article 72) and mandates the annual publication by institutions of the results of census assessments (Article 74), thereby eliminating the regulatory restriction that prevented the dissemination of data by the school. Priority is fully integrated.
The tenth priority was to protect educational freedom and avoid indoctrination. The law is based on this principle: it recognizes the preferential right of parents to choose the education of their children and affirms the family as the natural and primary provider of education (Article 1), establishes freedom of education and pluralism (Article 4) and orders the avoidance of constraints that affect freedom of conscience (Article 13). It is a robust regulatory response.
The eleventh priority concerns for education financing. The law devotes an entire title to the subject: it establishes principles of effectiveness and transparency (Article 78), requires contributions from private institutions to ensure freedom of choice (Article 80), allows vouchers, scholarships and tax credits (Article 83) and orders the publication of the annual development of expenditure by jurisdiction (Article 89). It is an important step towards financing that is based on the rights of students.
In summary, the bill encompasses ten of the eleven priorities identified by the National Academy of Education. It is not common for a regulation to respond so directly to an agenda previously developed by the academic community and civil society. In this case the legislature does it.
A law alone does not change reality. But without a corresponding law, no improvement is possible. Today there is a draft regulatory framework that, for the person writing this article, represents a before and after in Argentine education.
The opportunity is open; It’s up to us not to waste it.
Member of the National Academy of Education and Rector of CEMA University
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