The end of the Franco régime, the transition to democracy and the passing of the 1978 Constitution changed the basic points of reference according to which the educational system was governed, forcing it to step into line with the new political and social circumstances. After the Socialist victory of 1982, the general framework of the Spanish education system began to change and the principles of participation, university autonomy, the right to education and the distribution of educational responsibilities began to be applied.31
In contrast to the tradition of centralised education provision, the 1978 Constitution 8 introduced the devolution of responsibility to the Autonomous Communities, along the model of an unproclaimed federalist state, based on the principle of subsidiarity.31 In other words, Spain decentralised its administration. This resulted in the distribution of powers between the State and the 17 Autonomous Communities which comprise the nation.29
The 1978 Constitution 8 determined the distribution of responsibilities between the State and the 17 Autonomous Communities into which the country is territorially divided. In terms of education (pre-compulsory, primary and secondary education, 'school-regulated' specific vocational training and higher education), the Constitution identifies a series of areas over which the State has exclusive competence and others for which the Autonomous Communities may assume responsibility. An Autonomous Community assumes 'full powers' over education when it takes over all the regulatory and executive responsibilities not included within the State's exclusive area of competence.16 Spain completed this process of decentralisation in December 1999 when all 17 Autonomous Communities had assumed full powers over education, under the coordination of the Ministry of Education at state/national level.10
In October 1990, the Spanish Government passed a major education law regulating children's education from infancy to the age of 18. The reforms were known as the LOGSE5 reforms and were the result of a long period of national discussion, which involved professionals, citizens, various pressure groups and parent associations. LOGSE reorganised the structure of the education system by raising the compulsory school leaving age from age 14 to 16 and by incorporating all services for children aged 0-6 within the education system. LOGSE repealed the earlier 1970 General Education Act (LGE)9 , but retained the 1985 Right to Education Act (LODE)6 . LODE established two significant reforms. The first was to introduce a 'mixed-economy' of schools whereby private schools which meet given state/national conditions may be funded from the public purse. The second was to establish the right of members of the school community to participate in the control and running of state-funded schools through the consejo escolar (school board or council). These boards are made up of teachers, parents and students, as well as representatives from the non-teaching staff and town council. They have authority over the election of the headteacher ("director"), school discipline, student admission and financial management.32
Educational and public administration in Spain has been decentralised and operates at several levels: state/national, regional, provincial and local/municipal. Under the Spanish Constitution8 , the State retains authority to ensure the basic unity of the education system and these powers are held by the Ministry of Education. In practice, these powers include matters relating to the length of compulsory schooling, the levels and cycles of the system, minimum education standards, and the implementation of the core curriculum, including the requirement to teach Castilian Spanish. In addition, the Ministry regulates the minimum requirements for existing and new buildings, staffing qualifications and levels, funding and inspection.32
Regional administration is devolved to the education departments or boards of 17 regions called Autonomous Communities. The Autonomous Communities have set up their own organisational structures to manage the education system within their territories. This includes educational institutions, teaching and administrative staff and technical inspection services. These communities have full regulatory, statutory and executive powers, apart from those reserved for the State.32
At local or municipal level, the town councils carry out various functions related to providing land to build state schools, maintaining the upkeep, caretaking and repair of institutions. They participate in educational administration through representation on school boards. They may also organise additional services such as the provision of educational psychologists and special educational needs support.32
The table which follows provides a summary of the responsibilities for education at state, Autonomous Community and local level. These roles and responsibilities are further defined in the text which follows the table. 58
| Level | Powers/responsibilities | Administrative structures |
| State/national | General regulation of the system; minimum requirements for educational establishments; international co-operation in education issues; research co-ordination; core curriculum decisions; regulation of academic and professional qualifications; Senior Inspection Service; study aid policy; ownership and administration of public establishments abroad; legal framework for foreign establishments in Spain; education statistics for state purposes. |
Central Services of the Ministry of Education
|
| Autonomous Communities | Administrative title in the respective territory; setting up and authorisation of establishments; personnel administration; expanding/development of education programmes; student counselling; grants and loans. | Education Departments of the respective Autonomous Community Governments |
| Local | Provision of land for building public establishments; conservation, maintenance and renovation of infant and primary schools; programmes of extra-curricular and complementary activities; supervision of compulsory school attendance. | Various municipal education services |
The Ministry of Education is 'responsible for ensuring the homogeneity and basic unity of the education system, and for guaranteeing equal educational opportunities for all Spaniards as laid down in the Constitution'. State regulations set out the essential features of the system, including:
The State is responsible for:
The Autonomous Communities:
Local corporations do not have 'education authority' status, but legislation recognises their capacity to co-operate with the central and Autonomous Community authorities in the field of education.29
The central administration and Autonomous Communities can delegate powers to municipal authorities in domains over which they have control. Most town councils have a Municipal Education Department (Concejalia de Educación) which is responsible for the provision and maintenance of school buildings and the management of municipal education-related programmes. Some have created Municipal Education Institutes (Institutos Municipales de Educación) to exercise powers related to the granting of land for the building of public establishments and repair, maintenance, monitoring and upkeep expenses for pre-compulsory and primary establishments. They oversee compulsory schooling and educational services and provide complementary services and activities.29
The Municipal School Councils (Consejos Escolares Municipales) are the local social participation bodies16 and report on educational matters within their powers to education authorities at central and Autonomous Community level. Municipal authorities are represented on the School Councils of Autonomous Communities and the School Councils of (individual) educational establishments.29 Parents are also represented on these councils.30
Legislation has devolved responsibilities to the governing and educational coordination bodies, within the framework of standards established by education authorities.29
In publicly-funded non-university education institutions, responsibility for administrative and financial management lies either with individuals ("unipersonales") or with collegiate bodies ("colegiados"). 'Individuals' include a headteacher, a secretary and a head of studies ("Jefe de Estudios"), and 'collegiate bodies' include a School Council (Consejo Escolar) and a Teachers' Assembly ("Claustro de Profesores"). Publicly-financed private institutions (concertados) are only required to have a headteacher, a School Council and a Teachers' Assembly. Legislation does not lay down any requirements for organisation and participation in completely private institutions.16
The School Council, comprises representatives of the teaching staff, parents, students, etc. Its responsibilities include electing the head teacher, school discipline, student admission and financial management.16
The inspection of Spanish education takes place at two levels: 'higher inspection' and 'technical inspection'.
Higher inspection ("alta inspección") is carried out by the Ministry of Education. Territorial state higher inspection services have been set up in the Autonomous Communities. The aim of higher inspection is to ensure that the rules for guaranteeing the structure and organisation of the education system are observed. Its functions include:
Technical inspections ("inspecciones técnicas de educación") are carried out by specialist bodies from each of the Autonomous Communities. These have a dual purpose:
Educational decentralisation does not merely involve redistributing powers amongst the different administrative levels, but also encouraging social participation. The national advisory bodies responsible for social participation are the State School Council ("Consejo Escolar del Estado")16, (parents are represented on this),30 the General Council for Vocational Training ("Consejo General de la Formación Profesional") and the University Council ("Consejo de Universidades").16
Under the LOGSE 5, responsibility for all early childhood services from the ages of 0 to 6 years rests with education authorities.5
Educational institutions may be state, state-subsidised private and non-state-subsidised private, under the responsibility of the central or autonomous education administrations.95
Education funding comes from public and private sources. It is the source of funding and not the recipient which determines whether educational spending is public or private. Public sector contributors include the Ministry of Education (35 per cent of total96 ) other Ministries, the Autonomous Communities and local authorities. The Treasury accounts for the majority of education funding, which rose from 3.12 per cent of gross domestic product (GDP) in 1975 to 5.82 per cent of GDP in 1995.97,98,99
Education is provided free of charge in publicly-funded schools throughout the compulsory phase (age 6-16) but, at all stages of education in state and private institutions, families pay for meals, school transport, out-of-school activities, textbooks and teaching materials. General and special grants are available for students in both compulsory and non-compulsory levels of education. Means-tested grants (based on family income and property) are available for transport, lunch, boarding school services, and for the purchasing of textbooks and other school materials. Special grants are available for students who perform at a high level and for those with special educational needs. 100, 101, 58
The majority of public funds are spent on staffing, the purchase of goods and services, subsidies for private education institutions and investment. Teachers' salaries in public and subsidised private institutions are the responsibility of the Autonomous Community. Education institutions receive funds for specific items and must justify their use to the authorities.102
Educational institutions may be state, state-subsidised private and non-state-subsidised private institutions.16
Private education establishments are classified according to their administrative authority - usually an association, the Catholic Church or other religious group.16
Schools supported by public sector funding (that is, public sector and publicly-subsidised private schools, see below) represent 90 per cent of all compulsory level schools (for students aged 6-16).29
Centros (privados) concertados
The State subsidises some private institutions (centros privados concertados) to ensure that students of compulsory school age receive their education free of charge and to pay student grants and allowances.16 Subsidised private schools account for about three-quarters of all private education and may define their own distinguishing character, provided that they respect freedom of worship and that participation in religious services is voluntary.29 In order to receive public funding, they must, however, meet the following criteria:
Centros concertados are usually the property of the Catholic Church. They can also be the property of individuals or associations, but rarely belong to corporations. Schools of this type that belong to parents and/or teachers only represent a very small proportion of the total (less than one per cent). In Spain, centros concertados represent around 30 per cent of the total number of schools, but this percentage rises to around half in some communities such as the Basque Country, Catalonia and Madrid. The percentage is much smaller in Autonomous Communities such as Extremadura or Andalucia. 88
Centros no concertados
Non-subsidised establishments (centros no concertados), which are financed wholly through family contributions for tuition etc., are subject to a general approval régime, but otherwise enjoy complete freedom of internal organisation, choice of teachers, admissions requirements, rules of conduct and financial administration.16
In both publicly- and privately-funded private institutions, families pay for meals, school transport and out-of-school activities, textbooks and teaching materials.16
Pre-compulsory education
All early years provision in Spain (catering for 0- to 6-year-old children), whether state or private, has to comply with the LOGSE requirements. That is, private establishments have to provide the same curriculum as publicly-funded institutions and are subject to inspection. In all schools, teachers also have to be qualified to teach 3- to 6-year-olds. There is a system whereby parents are given financial help to pay for private education.5
One in every three students at age 0-6 attends private schools.10
| 1997-1998 | Total | % Public sector |
| Pre-school | 1,122,740 | 67.64113 |