Summary.
The bill amends Law 47 of 1946, the Organic Law of Education, to incorporate school textbook reuse into educational functions. Under Article 351, the national teaching resources service organized by the Ministry of Education (Ministerio de Educación) would include book banks for reuse, alongside school libraries, audiovisual resource workshops, teaching workshops, educational radio and television, and other resources required by the service. Under Article 353-A, the Ministry would be responsible for promoting, encouraging, and guiding both the use and reuse of school textbooks, as well as their preparation, editing, production, printing, distribution, and circulation in public and private education throughout the country.
Under Article 353-B, public and private schools providing general basic and secondary education would use textbooks approved by the Ministry of Education. Approval requires an assessment certifying compliance with the requirements of Article 353 of Law 47 of 1946 and the general and specific assessment guidelines. General specifications for required textbooks and uniforms must allow parents to purchase them freely, without exclusive arrangements with particular stores or suppliers. A textbook's authorization would remain valid for five years from the date of approval. At the end of that period, the Ministry must reassess it to recommend an update. Where the structure, edition, or officially approved content has undergone no substantial change, schools must allow and encourage reuse and may not require students to obtain new copies containing the same academic content.
The amendment to Article 354-B establishes the School Textbook Reuse Program under the direction of the Ministry of Education. The program would acquire books or request voluntary donations from parents and lend the books annually to students in public and private schools providing general basic and secondary education. Individuals, legal entities, and nonprofit organizations may also donate books voluntarily. The proposed lending arrangements therefore cover books acquired by the program and books given by those donors.
The added article assigns the Ministry of Education oversight of compliance with the chapter. For private schools, the Consumer Protection and Competition Defense Authority (Autoridad de Protección al Consumidor y Defensa de la Competencia, ACODECO) would have jurisdiction over violations of the prohibition on exclusive arrangements with particular stores or suppliers, under existing consumer protection and competition law. The Executive Branch (Órgano Ejecutivo) must issue regulations for the proposed law, which would take effect upon promulgation. The provisions concern the Ministry of Education and the Consumer Protection and Competition Defense Authority, as well as schools, students, families, publishers, distributors, and suppliers of textbooks and uniforms.
What it proposes.
- Reuse and lending of school textbooks.
- Approval, validity, and reassessment of school textbooks.
- Freedom to purchase textbooks and uniforms.
- School oversight and exclusive supplier arrangements.
Who it would affect.
- Public and private schools providing general basic and secondary education.
- Students and parents.
- Suppliers of school textbooks and uniforms.
- Individuals and organizations donating books.
Key points.
- The national teaching resources service would include book banks for reuse.Art. 1
- The Ministry of Education would promote and guide textbook use and reuse in public and private education.Art. 2
- Schools must use textbooks approved through an assessment; textbooks and uniforms must be freely purchasable without exclusive supplier arrangements.Art. 3
- Textbook approvals remain valid for five years from authorization, after which the textbooks must be reassessed.Art. 3
- Schools must allow and encourage reuse when no substantial changes have occurred and may not require new copies with the same academic content.Art. 3
- A program would acquire books and accept voluntary donations for annual lending to students.Art. 4
- The Ministry of Education oversees compliance with the chapter, while ACODECO handles violations of the exclusivity prohibition at private schools.Art. 5
- The Executive Branch would issue regulations, and the proposed law would take effect upon promulgation.Arts. 6-8