Public Law Alert - October 2026
MINEDU Publishes Draft Supreme Decree Approving Guidelines on the Management of School Discipline in Basic Education for Public Comment
Currently, coexistence in educational institutions is governed by Law No. 29719, the Law Promoting Coexistence Without Violence in Educational Institutions, its Regulation, approved by Supreme Decree No. 010-2012-ED, and the “Guidelines for the Management of School Coexistence and the Prevention of and Response to Violence against Children and Adolescents,” approved by Supreme Decree No. 004-2018-MINEDU. Under the latter, the Coexistence Rules incorporated into the Internal Regulations of each educational institution replace the chapter on disciplinary rules, without any regime existing to calibrate the measures applicable to conduct that affects the normal development of school activities.
In this context, through Ministerial Resolution No. 613-2026-MINEDU, dated October 12, 2026, the Ministry of Education (MINEDU) ordered the publication of the draft Supreme Decree approving the “Guidelines on the Management of School Discipline in Basic Education” (hereinafter, the “DRAFT”) and its Statement of Grounds, in order to receive comments from public and private entities and from the general public. Considering that the resolution was published in the Official Gazette El Peruano on October 13, 2026, the fifteen (15) calendar-day period for submitting contributions expires on Wednesday, October 28, 2026. Contributions must be sent to convivenciaescolar@minedu.gob.pe, using the “Comments, Contributions, or Opinions Form” that, as Annex II, forms an integral part of the aforementioned Resolution.
The main new features of the DRAFT include the following:
- The Internal Regulations of public and private educational institutions must include, in addition to the Coexistence Rules, a chapter on the “Disciplinary Regime.”
- Infractions are classified as minor, serious, and very serious, and the following conduct is expressly defined: improper use of cell phones and other devices, repeated tardiness, bullying and cyberbullying, extortion or demands for payments, false accusations against teachers, and carrying weapons.
- Corrective measures (verbal warning, reparation of damage, restriction of recreational spaces, and temporary removal from the classroom) and sanctioning measures (suspension of up to three (3) business days, conditional enrollment, and permanent separation or expulsion) are established, which must be graduated according to proportionality criteria such as the student’s age and record.
- Personal appearance rules are set for public institutions, prohibiting, among other things, makeup, accessories, and dyed hair during the school day.
Additionally, the DRAFT clarifies that this regime does not constitute an administrative sanctioning procedure, but rather one that is educational and formative in nature. It also prohibits corporal or humiliating punishment, discriminatory measures, the deprivation of basic necessities, and the denial of entry due to tardiness, and allows families to request reconsideration of an expulsion within three (3) business days following its notification.
The purpose of the DRAFT is to restore the principle of teacher authority and mutual respect within the educational community, through common rules that make it possible to address breaches of the rules of coexistence and discipline, without replacing the protocols for the prevention of and response to violence. If approved, public and private educational institutions will be required to adapt their internal regulations, coexistence rules, and other management instruments within a period of no more than thirty (30) calendar days. Accordingly, it is advisable for the owners and managers of educational institutions to assess the impact of the DRAFT and, if they deem it appropriate, submit their comments within the established period.