Bill 366.

Summary.

The bill adds provisions on private education and school transportation contracts to Law 45 of 2007. It defines a private education contract as an agreement between a private school’s representative and a student’s parent or guardian. The contract must identify the service’s terms, the academic levels or stages authorized by the Ministry of Education (Ministerio de Educación), and the operating authorization. Changes in education costs are subject to the Consolidated Text of Law 47 of 1946, and the Consumer Protection and Competition Defense Authority (Autoridad de Protección al Consumidor y Defensa de la Competencia, ACODECO) would intervene in disputes between consumers and providers.

The education contract would have to describe whether instruction is in person, hybrid, or virtual, along with schedules and disciplinary rules. It would also have to itemize payments for the student’s academic stage: enrollment fees, annual or monthly tuition, payment dates, late charges, and additional services connected with instruction. It would have to provide for measures applicable when circumstances beyond the provider’s control prevent the contracted format from continuing. In that case, the price would be adjusted proportionally according to the resources used, without reducing educational quality, and would return to its original amount when the format is restored, without amending the contract. The consumer could choose monthly installments or a single payment for the school term or academic year, with continuity of instruction under Article 47 of Law 285 of 2022. The consumer would receive a copy of the signed contract.

If a school requests a donation during enrollment or when reserving a place, the contract would have to state that it is voluntary. A monetary donation would consist of a single payment to the provider and could not exceed the annual tuition payable by the consumer. Noncompliance would give rise to a fine under Article 222 of Law 285 of 2022. The bill also identifies as a tied sale a requirement to purchase or rent uniforms, supplies, or textbooks exclusively from the school when they are available from third parties. The consumer could file a complaint with ACODECO, which would process and decide it and, where appropriate, impose a sanction under Article 104 of Law 45 of 2007.

For school transportation, the contract would have to identify the passengers, schedules, frequency, departure and destination points, vehicle, and driver. It would have to establish the carrier’s obligations in the event of breakdowns and unforeseen circumstances, as well as the rules applicable during strikes or work stoppages that interrupt academic activities: proportional payment for days of service and, if the interruption exceeds 15 business days, a payment equal to 20% of the monthly fare for operating expenses. It would provide for resumption under the agreed terms, refunds of advance payments, early termination, insurance, and liability for accidents or damage. The bill provides that it would take effect on the day after promulgation. Its provisions concern the Ministry of Education and ACODECO, as well as private schools, consumers, school transportation operators, and school supply providers.