IESPP “GENERALÍSIMO JOSÉ DE SAN MARTÍN” HEAD OF ACADEMIC UNIT

MOYOBAMBA HEAD OF THE PHYSICAL EDUCATION AREA

D.S. No. 025-52-ED of 05-12-52 RD. THAT AUTHORIZES THE RACE: Nº 300 – 2000 – ED
stanler_iv@hotmail.com OPTIONAL II/SEMINAR

HISTORICAL BACKGROUND OF PERUVIAN EDUCATIONAL LEGISLATION

1. INITIATION PERIOD (1821-1850)
 In 1821, Don José de San Martín, through a provision issued by the Protectorate, ordered that the
presidents or prefects of the departments ensure the morale of the citizens and the good progress of the
primary schools.
 In 1822, the First Normal School was created, emphasizing that education is a right of men and that
without it no people will be able to prosper.
 The Liberal Constitution of 1823, in its Art. 41, points out that the State is the one that has education as its
own function. The Republic has the obligation to provide it to all citizens, without distinction of class.
 In 1825, Simón Bolívar, invested with power granted by Congress, established provisions referring to the
creation of a normal school in the capital of each department, the awarding of scholarships for selected
and low-income students, as well as the operation of the First Directorate of Studies, in charge of
programming and controlling the education provided.
 The Life Constitution of 1826 maintained that the Senate was responsible for formulating the curriculum
and teaching methods, proposing regulations, and granting national permits and rewards.
 The Liberal Constitution of 1828 established that the State guaranteed free education to all citizens. In
addition, the departmental boards had the power to create and supervise schools.
 The Political Constitution of 1834 declares primary education free for all citizens.
 In 1836, Andrés de Santa Cruz, at the head of the Peru-Bolivia Confederation, determined the unification
of the educational systems and at the same time, established the Organic Regulations of Education, which
can be considered the initial document of future provisions with a regulatory nature. The following year,
the Ministry of Public Instruction, Profits and Business was created, whose operation was short-lived for
economic reasons.
 The Political Constitution of 1839 charged the Executive Branch with responsibility for public education.

2. PLANNING PERIOD (1850-1900)

Education is proposed from doctrinal points of view (liberal and conservative), which allowed not only
conceptual development despite the political situation, but also Educational Legislation became more organic,
influencing the coherent development of the educational system with a unitary character; although the elitist
essence prevailed in education, since private education had a boost. The most important acts are:
 In 1850, during the government of Marshal Ramón Castilla, the Regulations of Public Instruction for
Schools and Colleges of the Republic were promulgated. Its importance lies in the fact that it is the First
Organic Code of a general nature on the functioning of the educational regime throughout the Republic,
specifying that the State is responsible for the direction and administration of school life and
differentiating public education from private education, the teaching regime. , the economic issue of
education, etc. With these, a Reform Plan began in the educational field, as it laid the foundations for its
functional development.
 In 1855, Castile governed for the second time and promulgated the New Regulations of Public Instruction,
important for its technicality and precision in determining pedagogical purposes. It established a new
division of education into primary, middle and special education; The centralizing entity was the General
Directorate of Studies and the teaching staff was declared “public career.”
 In 1872, during the government of Manuel Pardo, the Ministry of Instruction, Worship, Justice and Charity
was organized.
 In 1876, while still president, he promulgated the General Regulations of Public Instruction, whose
conception guided the administrative decentralization of education. Education continued in force at its
three levels, the administration and organization of education was delegated to the Departmental,
Provincial and District Municipal Councils, etc.
 This regulation represented the first work with systematized criteria, since it addressed all educational
modalities, initiating the link between education, work and production.
 In 1884, during the government of General Miguel Iglesias (after the war with Chile), education suffered a
profound crisis. The Instruction Regulations were promulgated, which did not substantially modify
education due to the existing situation. It is necessary to mention that, from these years on, the Church
resumed positions in educational control, especially of the oligarchic sectors, the most notable
expressions being the direction of the Inmaculada and Recoleta schools by the Jesuits.
 In 1895, during the government of Don Nicolás de Piérola, the preparation of a Draft Organic Law began
by a Special Commission, which served as the basis for the promulgation of the Organic Law of
Instruction, of 1901.
 IESPP “GENERALÍSIMO JOSÉ DE SAN MARTÍN” HEAD OF ACADEMIC UNIT
MOYOBAMBA HEAD OF THE PHYSICAL EDUCATION AREA
D.S. No. 025-52-ED of 05-12-52 RD. THAT AUTHORIZES THE RACE: Nº 300 – 2000 – ED
stanler_iv@hotmail.com OPTIONAL II/SEMINAR

3. PERIOD OF ORGANIZATION (1900-1940)

In this stage, education is consolidated, since the laws that were issued reflected educational reforms that
responded in substance to the controversy that, at the beginning of this century, Alejandro Deústua and
Manuel Vicente Villarán sustained; the first representative, of the “mentality of feudal civilism” and, the
second, of the “program of bourgeois civilism” and therefore demoliberal, as José Carlos Mariátegui rightly
stated. It was also characterized because the legislation issued dealt with the organization and structure of the
sector. The reconstruction of national education began with a defined foreign orientation, especially French
and North American, also deepening the development of private education. The most relevant facts are:
 In 1901, during the government of Eduardo López de Romaña, the ORGANIC LAW OF INSTRUCTION was
promulgated, which established that all instruction is given by the State, except for secondary education,
which could also be given by individuals through high schools; a distinction is made between rural and
urban schools; The teaching staff is divided into two categories: preceptors and professors; In addition,
coeducation was established.
 In 1902, another educational law was enacted again under the name of the SECOND EDUCATION REFORM
LAW, which abolished high schools and established schools aimed at implementing encyclopedism,
intellectualism and a rote attitude.
 In 1905, during the government of José Pardo, the ORGANIC LAW OF EDUCATION No. 162 was
promulgated, which determined the mandatory and free nature of primary or elementary education,
establishing a single fund to increase its development; eliminates the educational administration of the
municipalities and is assumed by the central government; The construction of technical night schools was
promoted, aimed at teaching trades. Basically, there was a return to educational centralism.
 In 1920, during the government of Augusto B. Leguía, the ORGANIC TEACHING LAW was promulgated, a
device with a marked North American tendency that established several aspects: deconcentrated
educational organization, tendency to align the school with the social and geographical reality, promotion
of secondary and technical education, compulsory education from 3 to 5 years, etc.
 In 1924, under Leguía, the new Regulations of the General Directorate of Education were promulgated to
guide Peruvian education through study plans, centralizing the administrative and pedagogical process.
 The Political Constitution of 1933 brought together in a single title all the articles referring to public
education.
 In 1935, during the government of General Óscar R. Benavides, Law No. 8124 was promulgated, which
transforms the Ministry of Instruction into the Ministry of Public Education.

4. TECHNOLOGY PERIOD (1940-1980)

The problems of contemporary Peru find their most immediate social and cultural context in the process of
accelerated change that has occurred in Peruvian society since the 1940s. In this stage, important
demographic, political, economic and social transformations are carried out. The educational proposals are
technically elaborate, with the central focus being the democratization of education for a significant number of
social groups; This quantitative leap allowed the adoption of development strategies on the main basis of the
public educational offer, but they did not manage to overcome the crucial problems of the educational system.
The most important events of this period are:
 In 1941, during the government of Manuel Prado Ugarteche, the Organic Law of Education No. 9359 was
promulgated, which meant an advance in the conception of its structure and organization. The so-called
Olivera Reform (because it was promoted by the Minister of Education, Pedro Olivera) was the first
serious attempt to change education.
 According to this device, which lasted a long time, the State fully assumed the function of educating and,
based on its doctrinal conception, advocated legal applications to other educational fields; maintained
that the democracy of education was a vital principle and that everyone had the right to be educated;
Early childhood education began to be provided in kindergartens and compulsory and free common
primary school, in five types of school: rural, community, mobile, home-school and urban; Afternoon and
night sections and technical education were established; the municipalities had to promote school boards;
The National Council of Education was created in charge of issuing rules and regulations for educational
development. This law has had enormous significance in the national educational order.
 In 1950, during the government of General Manuel A. Odría, the National Education Plan was
promulgated, aimed at developing the material and pedagogical aspect of national education.
With financing from the Education Fund (1948), the Large School Units were built, true physical nuclei of
educational centralization. In addition, it contemplated pedagogical and organizational guidelines that
guided education with a procedural sense. It conceptualized education as an educational rather than an
instructive phenomenon, determining that the primary level be established according to age, developing
 IESPP “GENERALÍSIMO JOSÉ DE SAN MARTÍN” HEAD OF ACADEMIC UNIT
MOYOBAMBA HEAD OF THE PHYSICAL EDUCATION AREA
D.S. No. 025-52-ED of 05-12-52 RD. THAT AUTHORIZES THE RACE: Nº 300 – 2000 – ED
stanler_iv@hotmail.com OPTIONAL II/SEMINAR

in urban and rural schools; The secondary level was considered as a continuation of the primary level and
as a previous cycle for higher studies; technical education was placed at the same level as secondary
education; there was support for special education for those children with learning problems.
 In 1956, during the government of Manuel Prado, the Inventory of Educational Reality was carried out,
with the Historian Jorge Basadre being Minister. This study was the first serious effort to collect data and
information about the reality of Peruvian education. From the results obtained, we found out what we
had and what we lacked in educational matters. It was done with the purpose of having elements of
judgment for the formulation of a new Educational Plan and a New Education Law.
 In 1957, the Reform of Primary and Secondary Education was established; The theoretical support was
directly related to the economic policy that needed qualified labor, which is why education would act as a
channel of social mobilization. The most notable aspects of this reform were: student orientation,
curricular and extracurricular structuring; Specialization in science, literature and other subjects, etc., was
introduced in secondary school, but in the end the results were not the most satisfactory.
 In 1964, during the first government of Belaúnde Terry, Law No. 15215, called the Statute and Ranking of
the Peruvian Teachers, was promulgated, the first device that tried to focus on the problems of teachers.
The Law benefited teachers, especially from an economic point of view, but it was underfunded and, a
few months later, it was repealed, generating frustration in teachers' expectations.
 In 1972 the Revolutionary Government of the Armed Forces, Mr. L. No. 19326, General Education Law,
one of the most important that tried to solve the serious educational problem in a comprehensive
manner.
 Prominent intellectual figures such as Augusto Salazar Bondy, Emilio Barrantes and Walter Peñaloza
actively participated in this proposal, which meant a change in the conception, organization and
development of the educational system at its different levels and modalities. It was based on a previous
report, better known as the “blue book” of education reform (1970).
 The pedagogical doctrine of the report was correct in general terms, hence it was practically the spirit and
even the text of the DL No. 19326. Three levels were established: initial, basic and higher; the
institutionalization of initial education, special education and extraordinary professional qualification;
communal nuclearization and the opportunity for teachers to develop their curricular programs;
implementation of the ESEP was the most significant.
 This reform was perhaps the one that concerned itself with education beyond the classroom, seeking the
articulation of the formal system with the informal one. However, despite the enthusiasm of his inspirers,
he failed. A series of contradictions, gaps, facts and, above all, the verticalism of the military government
influenced it, which, added to the limited participation of the teaching profession, determined that the
proposed objectives were not fully achieved; But regardless of the limitations, there was a theoretical and
practical advance in terms of education.
 In 1972, Decree Law No. 19602, Organic Law of the Education Sector, was also issued, whose structure,
organization and functions responded to the characteristics of the General Education Law 19326.
 In 1979, by action of Decree Law No. 22268, the Educational Promotion Law was issued, which was short-
lived and was aimed at economically promoting educational activities.
 In 1979, through D. L. No. 22417 a new Organic Law of the Education Sector is promulgated.
 The Political Constitution of 1979 establishes Chapter IV, referring to Education and Culture, much
superior to the Magna Carta of 1933; since it is closely related to the principles of the great international
documents and a validity derived from a clear concept of! role of the State and society.

5. PERIOD OF SYSTEMATIC MANAGEMENT (1980 - present)

The general context of the country is characterized by the accelerated pace of population growth. Based on
this, characteristic features are derived, such as urban massification, explosion of social expectations and
demands, organic protest mobilizations, uncontrollable violence, etc. In this period, educational approaches
and proposals from governments and civil society were disseminated, but they did not become state policies
nor did they substantially modify education. In recent times, although the applied model, called “neoliberal”,
limits and guides educational growth due to spending restrictions that affect teachers' remuneration, there are
advances in the financial-administrative area that present education with new perspectives. . The most
significant thing is:
 In 1981, during the government of architect Belaúnde Terry, Legislative Decree No. 135, Law of
Organization and Functions of the Ministry of Education, was issued.
 In 1982, the General Education Law Law No. 23384 was promulgated . In it, the objectives of education,
the action of educational agents are defined and the contents, resources and administration of the system
are established; The relevant points are: division of basic education into primary and secondary,
 IESPP “GENERALÍSIMO JOSÉ DE SAN MARTÍN” HEAD OF ACADEMIC UNIT
MOYOBAMBA HEAD OF THE PHYSICAL EDUCATION AREA
D.S. No. 025-52-ED of 05-12-52 RD. THAT AUTHORIZES THE RACE: Nº 300 – 2000 – ED
stanler_iv@hotmail.com OPTIONAL II/SEMINAR

supervisions reappear, replacing the NEC, the 20th scale evaluation system is maintained; the role of
municipalities and regional governments in educational matters is delimited; ESEP disappear,
technological institutes are created; etc
 In 1984, the Teaching Law No. 24029 was promulgated , which regulates the teaching regime as a public
career; Likewise, its regulations are issued, approved by DS No. 031-85-ED of 1985.
 In 1990, during the government of Dr. Alan García, Law No. 24029 was substantially modified through Law
No. 25212 , the regulations of which were approved by D. S. 19-90-ED, which is valid.
 In 1992, during the first lng government. Alberto Fujimori, Decree Law No. 25762, Organic Law of the
Ministry of Education, is issued, referring to the new structure of the sector, its Regulation of Organization
and Functions being approved by DS 04-92-ED.
 In 1992, Decree Laws No. 26011 (Law on Community Participation in Educational Administrative
Management), Law No. 26012 (Law on Educational Financing) and Decree Law 26013 (Law on Quality
Improvement and Expansion of Coverage) were approved. of Peruvian Education), which were not
implemented due to the strong opposition generated by the COMUNED, where the excessive
politicization of the Municipalities was notorious.
 The Political Constitution of 1993 , approved by Referendum, establishes in its articles 13 to 19, aspects
related to education in which some progress is perceived. Education expresses a model according to time,
that is why it is more open, more liberal; considers and strengthens the private and society, excessively
reducing the predominance of the State.
 In 1995, Law No. 2651 was published, which modifies article 11 of Decree Law No. 25762, referring to the
Internal Organization of the Ministry of Education and approved by D. S. No. 051. As a complement to
this, by D. S. No. 002-96-ED, the Regulation of Organization and Functions of the Ministry of Education is
approved.
 In 1996, Law No. 26549 was promulgated, referring to Private Educational Centers, regulated by the DS.
No. 001 -96-ED.
 In 1998 the RM was issued No. 629-98-ED, which establishes the system for handling requests or
complaints regarding Public Educational Centers.
 In 2001 the DS was enacted No. 007-2001-ED on the Standards for Management and Development of
activities in Programmed Educational Centers.
 In 2002 the RM was issued No. 168-2002-ED, on the Standards for Management and Development of
activities in Programmed Educational Centers.
 In 2002 the DS was enacted No. 012-2002-ED, referring to the Single Text of Administrative Procedures of
the Public Ministry.
 In 2002, the DS was enacted No. 015-2002-ED, Regulations for the Organization and Functions of the
Regional Directorates of Education and Educational Management Units.
 In 2003, Law No. 28044 was promulgated. (General Education Law).
 In 2004 the DS was enacted No. 013-2004-ED (Regulation of Regular Basic Education).
 In 2004 the DS was enacted N° 017-2004-ED (Statute of the College of Teachers of Peru).
 In 2005 the DS was enacted No. 009-2005-ED (Regulations for the Management of the Educational
System).
 In 2005, Law No. 28628 was promulgated, a Law that regulates the participation of Parent Associations of
Public Educational Institutions.
 In 2006 the DS was enacted N° 008-2006-ED Guidelines for the Monitoring and Control of Effective
Teaching Work in Public Educational Institutions.
 In 2006, Law No. 28740, Law of the National System for Evaluation and Certification of Educational
Quality, was promulgated.
 In 2007, LAW No. 29062 was enacted, the law that modifies the Teachers Law in relation to the public
teaching career.
 In 2009, Law No. 29394, Law on Higher Education Institutes and Schools, was enacted.
 In 2010 by RM N° 0023 – 2010 ED, Approve the plan to adapt the Higher Education Institutes and schools
to the provisions of Law N° 29394.
 In 2012, articles of the Regulations of the Law of Higher Education Institutes and Schools were modified,
approved by Supreme Decree No. 004-2010-ED by SUPREME DECREE No. 003-2012-ED
 In 2012, Law No. 29944, Teacher Reform Law, was promulgated.
 In 2014, Law No. 30220, UNIVERSITY LAW, was promulgated.