The Sixth District Court in Administrative Matters in Mexico City granted a provisional suspension against the pilot program of the new educational plan of the Ministry of Public Education (SEP), implemented so far in 960 public schools, because it considered it unconstitutional .
According to the organization Educación con Rumbo, the judge announced that he will also analyze the constitutionality of the new Educational Model presented by the SEP in August.
Although said provisional suspension was granted, the SEP reported that while the legal process continues, the pilot program of the new curriculum will continue to be implemented in preschool, primary and secondary schools where it is already applied.
Education with Rumbo detailed that the amparo was filed in the Sixth District Court in Administrative Matters in Mexico City, under file 1457/2022, which is part of the strategy of this organization to guarantee the human right of children to education and equality.
“The constitutional lawyer Miguel Ángel Ortiz, representative of Education with Rumbo, argued that article 28 of the Convention on the Rights of the Child establishes that the education provided by the State must be carried out under conditions of equality, for which he stated that the Pilot Program of the SEP is unconstitutional by establishing two education models : one for 960 public schools that does not meet the quality standard, that does not have the certainty of the plans, programs and educational material that will serve as a basis, in addition to the fact that teachers have not been previously trained; and another for the rest of public and private schools,” the organization reported.
According to the lawyer, there is no legal justification for the SEP to implement the program only in public schools, since this is discriminatory and it is a “trial-error” model, and, therefore, it can be considered unconstitutional since it is a program that does not guarantee scientific or quality education under conditions of equality as established by the Constitution.
In response to this information, the SEP issued an information sheet in which the Unit for Updating Legislation, Legality and Regulation pointed out that the Secretariat has not been summoned to the trial; however, from the consultation of the procedural synthesis of the Comprehensive File Monitoring System on the page of the Federal Judiciary Council, it appears that, by agreements of September 29, 2022, published on September 30, 2022, it was admitted the lawsuit and provisional suspension was granted.
“The SEP will file a complaint appeal against the admission of the lawsuit and against the granting of the provisional suspension,” he detailed.
According to the SEP, the incidental and main hearings are set for dates close to this month of October, so while the legal process continues, the implementation of the Pilot Program of the new Study Plan will continue.
It should be remembered that despite the criticism and doubts generated by the new Study Plan for Preschool, Primary and Secondary Education, the authorities approved it and it was published in the Official Gazette of the Federation (DOF) on August 19, 2022.
However, its general application will begin a year later, with students in the first grades of preschool, primary and secondary in the 2023-2024 school year.