Compulsory Education Age
5-17 years old
Not illegal, but not specified by law. In Argentina, home education it's not expressly forbidden, which is why it is not illegal. Nor is the practice regulated by a specific law (as in other countries). A situation of "allegality" is found.
Those who practice home education are covered by Art. 14 of the National Constitution, which recognizes all its inhabitants the rights to teach and learn.
The National Education Law (No. 26.206) regulates the exercise of the constitutional rights to teach and learn and places the State as guarantor of the right to education, in accordance with the provisions of Article 75,19 CN 5) and different International Treaties of which Argentina is a signatory. It also provides that the family is the "natural and primary agent" in the education of children and recognizes the right of mothers and fathers to choose an educational institution that responds to their philosophical, ethical or religious convictions, according to International Treaties. Also, the current Civil Code of Argentina determines in Article 646, C that the duties of the parents include "respect the right of children and adolescents to be heard and to participate in their educational process, as well as in everything related to their personal rights".
Although it is the same law that establishes the obligation of mothers and fathers to ensure the concurrence of children in school establishments for the fulfillment of schooling.
Faced with this legal tension between National Education Law (No. 26,206) and the National Constitution (in addition to international treaties), those who carry out processes of "education without school" usually rely on the prevailing provisions of the Constitution regarding the primary role of parents and the family. In addition, there are mechanisms of "alternative schooling" provided by the formal education system that allow accrediting formal knowledge to those who do not attend school regularly. The figure of "free student" is present in several districts of Argentina, like the City of Buenos Aires, Rio Negro province, Córdoba province and others.
In practice, most of the families that practices home education are recognized as such and are enabled to get official certification in public schools as "free students" by an exam that takes place once or twice per year. The exams are free of cost and are determined by the official curriculum dictated by state bodies.
It is worth mentioning that, since the National Education Law was enacted, sanctioned in 2006, there have been two court cases of families that educated at home. Both held in the province of Neuquén. One of them was favorable to the family (The case was 2008 entitled "V. M. C. y otro. s/ Medida de protección de persona"), who was able to continue with their practice and, the most recent one was in 2016 entitled “DEFENSORÍA DE LOS DERECHOS DE NIÑOS, NIÑAS Y ADOLESCENTES C/B.J. S/ACCIÓN DE AMPARO” determined that the mother had to return to school her daughter who had stopped attending school to carry out homeschooling practices.
The above text with minor editing is provided in part by OLASE - Observatorio Latinoamericano de Aprendizajes sin Escuelas
Address: Pilar, Argentina
POC: Juan Pablo Realini
Phone number(s): +54-911-6335-4087
Skype name: jprealini1974
Franco Iacomella (firstname.lastname@example.org) - REEVO, Alternative Education Network
Maite Villegas - email@example.com - Universidad Nacional del Sur (Argentina)