Goes to trial study plan of 4T; they deny to suspend it

CDMX.- A federal judge admitted today an amparo lawsuit against the new Study Plan for Preschool, Basic and Primary Education, but refused to suspend its initial application in 960 public schools.

Oswaldo Rivera González, Fourth District Judge in Administrative Matters, admitted the protection promoted by the civil association Educando con Rumbo, which considers that the new plan of the Ministry of Public Education (SEP) violates five articles of the Constitution, and was not submitted to consultation with the National Council for School Participation in Education (CNPEE).

The judge gave the SEP 15 days to submit reports and set the date of the Constitutional hearing for November 16, where it would rule on the possible unconstitutionality of the plan published on August 19.

However, Rivera González refused to provisionally suspend the pilot program to apply the new plan in some schools during the 2022-2023 cycle.

“Based on what is considered in the contested agreement, it is not appropriate to grant the provisional suspension, since there are valid objectives for which it was issued, so granting the suspension so that it is not applied would leave the company, and in particular to the children who have to study the school levels specified therein, without the benefits that this system intends to achieve and the decisions that the educational authority has taken based on the leadership that the Constitution confers on it to define the study plans would be altered at those levels,” the judge ruled.

“This jurisdictional body does not notice, in the claim of the complaining party, any appearance of good law; that is, any indication of illegality or unconstitutionality in the actions of the SEP when exercising a power that the Constitution confers on it clearly and expressly Nor is there any undoubted and manifest characteristic, measure, figure, reason or reason for which such a program could be considered harmful or detrimental to students in the implemented curriculum, so, weighing both situations, this court is inclined to preserve the decision that the competent authority has taken,” he added.

The civil association can challenge the refusal of provisional suspension before a collegiate court, while the judge will decide on September 30 on the definitive suspension.

The new plan will apply in a general way from the 2023-2024 cycle, but initially only for students entering the first year of preschool, primary and secondary.

Published on August 19, the new study plan is focused on combating colonialism, patriarchal society, mercantilism, educational training to fill job profiles and rejects standardized tests.

The autonomy of teachers to “contextualize” the contents of the curriculum in accordance with the training needs of the students, and the community as the integrating nucleus of the teaching and learning processes are some of the guiding axes of the plan.

Educando con Rumbo has been litigating since July, before another court, an injunction against the SEP’s omission to install the CNPEE, provided for in article 135 of the General Law of Education as a national body for consulting parents’ associations.

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