Peru - AI Pedagogy in Education (10717/2024)

Overview

Project 10717/2024 is a declaratory bill registered in Congress on 03 April 2025 that declares the incorporation of "pedagogy in artificial intelligence (AI)" into the Educación Básica Regular (primary and secondary) as of national interest and public necessity. Its primary legal effect is to direct the Ministerio de Educación (MINEDU) to design and implement curricular content, teacher training measures and complementary regulations so that AI becomes part of pedagogical strategies, didactic approaches and evaluation methods across public and private basic education institutions throughout the national territory. The text is primarily declarative (interest and objectives) and procedural (instructions to MINEDU to issue implementing actions within 30 working days), rather than prescriptive of technical standards for specific AI products. The initiative references constitutional and statutory education instruments and international guidance, notably UNESCO materials on AI and education, to justify the policy objective and to anchor its human-rights and ethical framing. Source project text: vLex copy of Project 10717/2024.

Definitions

For the purposes of the bill and this regulation entry: "AI pedagogy" denotes the pedagogical approach and set of curricular contents that integrate the understanding, use, critical appraisal and ethical application of artificial intelligence tools and techniques in teaching and learning processes. "AI educational tool" refers to software, platforms or systems incorporating automated decision-making, adaptive algorithms, natural language processing, or other machine learning components used to support instruction, assessment or learning analytics. "Educational institution" includes public and private schools delivering Educación Básica Regular at primary and secondary levels. "Sensitive educational data" comprises personal data of students and teachers that may include biometric information, special education needs, learning profiles, and other categories requiring heightened protection under Peruvian data protection law.

Governance and Institutional Framework

Under the bill, primary responsibility for operationalising the initiative lies with the Ministerio de Educación (MINEDU), which must coordinate with AI and pedagogy experts to prepare curricular adjustments and teacher-training measures. MINEDU is instructed to issue implementing norms and complementary actions within thirty (30) working days from the day after publication in El Peruano; this fast timeline requires urgent drafting, stakeholder consultation and budgetary alignment. The Congress remains the originator and political sponsor of the initiative, and its adoption would generate a ministerial rule-making process for integration into the Currículo Nacional. The implementation design should include multi-agency engagement (MINEDU; the Ministry of Justice/Autoridad Nacional de Protección de Datos Personales for privacy safeguards; and the Presidency’s digital transformation units for alignment with national digital strategies). For background on contemporary congressional activity on AI curricula, see the Congress communication on related projects such as PL 10615/2024 and PL 11232/2024 which target AI content inclusion in the national curriculum (congreso.gob.pe).

Key Focus Areas

The bill (and expected implementing measures) concentrates on six operational pillars: 1) Curricular content: integration of age-appropriate AI literacy, algorithmic awareness, ethical reasoning and practical interaction with AI-based educational tools; 2) Teacher capacities: large-scale professional development, certification or modules in AI pedagogy to enable classroom use and critical mediation; 3) Accessibility and equity: measures to avoid widening digital divides (connectivity strategies, low-bandwidth solutions and inclusive materials for multilingual and intercultural settings); 4) Data protection and privacy: compliance with Peru’s data protection regime (Law No. 29733 and its implementing regulations) and procedural safeguards for student data when educational AI tools are used; 5) Safety, evaluation and quality assurance: pilot testing, safety and harm assessments of platforms before broad deployment and continuous evaluation of learning outcomes; 6) Governance and oversight: clear roles for MINEDU and coordinating entities to procure, vet and monitor AI tools used in public schools. International guidance—such as UNESCO’s guidance on AI in education and the Recommendation on the Ethics of Artificial Intelligence—are signalled in the bill as normative references for ethical and rights-based implementation (UNESCO: AI and the Futures of Learning).

Implementation Framework

Implementation must occur through an operational plan developed by MINEDU with multi-stakeholder participation (teachers’ unions, pedagogical institutes, universities offering pedagogy degrees, representatives of students and parents, civil society and private vendors). The bill requires MINEDU to: (i) incorporate AI pedagogy modules into teacher-education programs and INTO INSTITUTES; (ii) define minimum competency standards for students and teachers by level/age; (iii) pilot selected AI educational tools under defined safety, accuracy and privacy criteria; (iv) develop procurement and vetting checklists for technology vendors including documentation and audit evidence; and (v) allocate training resources and a monitoring budget. Technical annexes to the implementing regulations should specify data minimization, consent/parental notification regimes, permissible analytics use, and de-identification protocols aligned with the national data protection authority's guidance (Autoridad Nacional de Protección de Datos Personales / MINJUSDH).

Monitoring and Evaluation

Monitoring should combine quantitative and qualitative indicators: coverage rates of AI pedagogy modules in schools, number/percentage of teachers trained and certified, equity metrics (rural vs urban access), learning outcomes in targeted competencies, incidents related to data breaches or harms, and user-satisfaction feedback. The bill contemplates that MINEDU will establish a monitoring dashboard and periodic reporting cycles to Congress. Evaluation includes ex ante pilot evaluations (safety and bias testing) and ex post outcomes evaluation (learning gains, inclusion metrics). A public dataset of aggregated, anonymised outcomes could support transparency and independent research subject to privacy safeguards.

Penalties, Liability, and Appeals

The draft text itself does not create new criminal offences or detailed administrative sanctions for educational institutions or vendors; rather, it declares an interest and mandates MINEDU action. Where misuse of AI tools leads to data protection breaches or rights violations, existing legal regimes apply: data protection sanctions and corrective orders under Law No. 29733, consumer protection rules where applicable, and administrative liabilities for public officials if misconduct is established. Implementing regulations are expected to define compliance regimes and administrative penalties for regulated actors, and to specify appeal mechanisms within MINEDU and national administrative law frameworks. The absence of bespoke penalties in the original draft highlights a gap for regulators to address in the implementing rules (project text).

Relationship to Other Instruments

Project 10717 complements contemporaneous congressional initiatives that propose curricular inclusion of AI (for example, PL 10615/2024 and PL 11232/2024) and must be implemented coherently with existing national education law (Ley General de Educación), teacher professional standards and the National Education Plan. It must also align with Peru’s data protection law (Ley N° 29733) and the regulatory activity of the Autoridad Nacional de Protección de Datos Personales in MINJUSDH. Broader national AI strategies or executive rules (for example, national AI strategy or decrees regulating AI use in the public sector) will shape procurement, security and national-level standards for evaluation and safety testing.

International Alignment

The bill explicitly references international guidance and is consistent with UNESCO’s recommendations on the ethics of AI and its educational work program that encourage rights-based, equitable, inclusive approaches to AI in learning systems. Alignment priorities include privacy-by-design, non-discrimination and fairness, teacher empowerment, multi-stakeholder participation and transparent governance. The bill also dovetails with international soft-law instruments on trustworthy AI (OECD Principles, UNESCO Recommendation) and regional best practices for K-12 AI literacy and safety testing.

Implementation Timeline

Sources and References