Article 27 of the 1978 Spanish Constitution8 lays down the basic principles that prevail in education legislation. It recognises that education is one of the fundamental rights to be upheld by public authorities, guarantees individual liberties in educational issues, and establishes the principles of participation and university autonomy. It also provides for a division of educational competence between central and regional authorities.24
Article 27
The Act on Education (Ley Orgánica de Educacion - LOE) contains the aims and objectives for each phase of education:
Legal framework
The 2006 Act on Education (LOE)86 clarifies the legal framework in Spain by rescinding the three acts (LOGSE, LOPEG and LOCE) which had previously constituted the legislative framework for the education system. The LOE and (the slightly revised) LODE (the 1985 Organic Act on the Right to Education) form the basic legislative framework for education in Spain. For details of the rescinded Acts, see the Appendix.
The 2006 LOE (Ley Organica de Educación/Organic Law of Education)86 aims to raise standards in Spanish schools, and to set out clearly how central government and the Autonomous Communities can collaborate in education. Concrete measures resulting from the Act began to be implemented from the 2006-07 school year. 85
Features of the 2006 Act include:
The passing of the Act completed the process begun in 2004 with the debate on the future of education. A diagram of the education system once the LOE is fully implemented is available online.
Following the passing of the LOE, the Government has announced the new arrangements for religious education. During compulsory secondary education, students will be able to elect to study Catholic religion, or the history and culture of religion. They may also choose to opt out of religious education completely. Marks in the subject will not count towards examination grades or access to university. Teachers of religious education will be required to hold the same teaching qualifications as other teachers, as well as qualifications in religious studies. 92
National plan for reading
During the period 2001-2004, the Ministry of Education ran a three-year national programme to promote reading and literacy. The programme aimed to encourage reading, especially in children and young people; to improve state and school libraries; to coordinate and support the activities of independent foundations in promoting reading and writing; and to strengthen the momentum of literacy campaigns. It brought together schools, libraries and publishers to encourage reading, especially amongst the young. 43 Early in 2004, the Minister of Education presented a report on the programme which stated that it had generally achieved its aims, by successfully creating a more favourable climate for reading and by strengthening the position of libraries. 73
Teaching traditional musical instruments
In December 2001 the, then, Ministry of Education and Culture in Spain issued a decree which allowed for the teaching of traditional musical instruments in schools in the Autonomous Communities. The decree allowed the different communities to introduce the instruments of their region, which may include such instruments as the bagpipes, guitar (for flamenco) and the Basque flute. The law stated that the teaching of such instruments is important because of their cultural value and history in the Autonomous Communities.48
Specialist education
The Spanish education system comprises a general and a specialist system (enseñanzas de régimen especial). Specialist education comprises artistic and language studies, but the Government is authorised to include other disciplines. Specialist arts/artistic education aims to provide students with good quality education and training and produce professionals in music, dance, the dramatic arts, the plastic arts and design. The enseñanzas de régimen especial (specialist education system) is divided into various levels, with different entrance requirements, equivalent to the corresponding primary, secondary and higher levels of education.5 (See sections 3.2.2 and 3.2.3 also.)
Official language schools (specialist language schools for students aged 14+) are also part of the specialist system of education (see section 3.2.3.). Official language schools teach, in particular, European languages and the co-official languages of the State. They may also offer courses for adults.5
Encouraging students to continue their education after the age of 16
One of the Government's main objectives is to increase the number of students continuing in education after the age of 16. As a result, financial assistance and scholarships for poorer students are being increased to encourage such students to stay in education. 87
Internet portal for teachers
In 2007 a new Internet portal for teachers was launched. 'INNOVA. Educadores en Red' ('INNOVATE. Educators' Network') aims to help groups of teachers share educational experiences and discuss topics such as educational reform or innovation. 93 It is online at http://innova.usal.es
Observatory for respect and integration in schools
A State Observatory for 'convivencia' (respect, tolerance and integration) in schools was established in 2007. The Observatory's action plan outlines four main aims:
In addition, it has been announced that 15,000 teachers are to receive training in how to promote 'convivencia' in schools, which is one of the main national priorities in education. 98
New programmes to help prevent school failure
In cooperation with the Autonomous Communities, the Government has set up two new programmes to reduce school failure across Spain. The first programme, 'School success' aims to ensure that more students achieve success at each level of education. One of the actions to help achieve this includes the reinforcement of basic skills at the end of primary education for children who particularly need it. The second programme, 'Fight against early school leaving' intends to reduce the number of students who leave education without any qualifications. It also targets students who do not go on to further study after the end of compulsory education (age 16). 96