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SPANISH EDUCATION SYSTEM

Spanish Education System The first guidelines on Spanish education came up with the enactment of the Spanish Constitution in 1812. Since then, its conception has been changing and going through several political systems and forms of government, resulting in progress and setbacks until to date.

At present, the structure of the Spanish education system is guided by the Fundamental Law on Education1 (Ley Orgánica de Educación, LOE) approved in 2006. This Law is based on the principles and grounds set forth by the Spanish Constitution and highlights the inclusive nature of education, equality and non-discrimination in the treatment of people.

The LOE sets forth that basic education consists of ten years of schooling developed on a regular basis between the age of six and sixteen, organized in primary and secondary education.

In addition to basic education, it organizes pre-school education, post-compulsory secondary education, visual arts education, sports education, language education, adult education and distance learning, within a framework of learning throughout life. It also reflects the participatory approach and the issues concerning the organization and functioning of schools, boosting their skills and organizational autonomy, and regulating the powers of school boards and faculty.

Besides the LOE, a recent law called Fundamental Law for the Improvement of Educational Quality (Ley Orgánica para la Mejora de la Calidad Educativa, LOMCE) and enacted in 2013 defines education in this country. Though the overall structure of the education system is marked by the LOE, the LOMCE brings significant changes towards generating progress in the education system.

As stipulated by the Ministry of Education, Culture and Sports (MECD), the latter will be applied in a gradual and progressive manner at the different educational levels, with 2016 being the target for its full implementation.

Through this law, the MECD will exercise greater control over the contents of the different educational levels, establishing objectives and assessment criteria for each one within the Spanish territory.

Educational competences

As regards educational competences, it is worth mentioning that management and organization are founded by an Autonomous State composed of 17 Autonomous Communities and 2 Autonomous Cities.

Section 147 of the Spanish Constitution sets forth the power of the State to govern the conditions for obtaining academic and professional degrees, in order to ensure, among other issues, the right to education, its free and compulsory nature, academic freedom and the responsibility of public authorities to ensure the satisfaction of these principles. Therefore, the State exercises the powers that promote homogeneity and unity of the education system ensuring the right to exercise education rights of the citizens of this country.

In this sense, the State promotes the general organization and planning of the education system, establishes minimum teaching requirements and is liable for setting up the rules for obtaining, issuing and standardizing valid academic and professional degrees throughout the country.

1 Does not govern university level. See “University and Superior Education” below.

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The MECD2 bears the responsibility for causing that those powers are exercised, by working as a body of the State central administration. It is organized in central services, which form the basic structure of the Department, and peripheral services, which comprise the management of tasks at regional and provincial levels.

In this context, Autonomous Communities are governed by the National Constitution but also by their respective Statutes of Autonomy, which detail their respective competencies in different areas. As for education, though they must operate within the framework of State, all Communities, in general, have similar concerns, including, among others, regulation and administration of education at different levels and grades, modalities and specialties in their territory.

Autonomous Communities with full powers in the field of education within their respective territory are: Catalonia, Basque Country, Galicia, Andalusia, the Canary Islands, Valencia and Navarra. The rest of the autonomous communities have not yet assumed full responsibility for education. It should be noted that some competencies in education are also assumed by the municipalities, in particular, in public primary schools.

MECD’s peripheral services play a different role according to the legislative and executive powers of autonomous communities, thus different scenarios can be found: a) In those autonomous communities where the effective exercise of transferred powers had not yet been developed, the MECD acts temporarily as a body of educational management, in general, through the Provincial Offices (Direcciones Provinciales). These entities where the MECD exercises and distribute its responsibilities, on equal footing with the autonomous education authorities which already have full autonomy of their powers, are called “MECD management territory”. b) In those territories, the MECD only exercises the powers, which are peculiar to the State through peripheral bodies with executive powers, the so-called “ High Level Inspection Services” (Servicios de Alta Inspección).

Academic structure

Infant or Pre-school Education In Spain early childhood education includes children from birth to six years of age. It is divided into two cycles: the first covers from birth to 3 years of age and the second one is from 3 to the 6 years of age. The latter, unlike the first, is free although not compulsory3 ; anyway practically all children of this age group go to school as it is considered that this stage will have a positive effect on school performance in the future.

In general, the first cycle of pre-school education takes place in kindergartens or special nursery schools and the second cycle takes place in primary schools, however at present primary schools are increasingly offering the first cycle of infant education.

With regard to this level, the LOE sets forth that the first stage of schooling should “gradually cover affective development, mobility and body control habits, communication and language, basic social skills and the discovery of the physical and social nature of the environment. Further it encourages children to develop a positive and balanced self-image and acquire personal autonomy4”.

2 Body of the State’s general Administration in charge of proposing and executing the general instructions of Government on cultural, educational, scientific, technological and sports-related policies.

3 Anyway, during the first cycle, the State provides financial Support for those families in a position of vulnerability.

4 Fundamental Law on Education. 2006.

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Primary School (Primary Education) Primary education includes children in the calendar year they have their birthdays, from 6 to 12 years old. It consists of 6 academic cycles without subdivision. This level is free and extends up to the secondary level.

During the different cycles, students acquire knowledge related to social sciences, arts, mathematics, culture, physical education, foreign languages, Spanish and the language of the relevant Autonomous Community.

Compulsory Secondary Education (Educación Secundaria Obligatoria, ESO) After primary education is Compulsory Secondary Education (also called ESO), which completes the cycle of basic education and comprises four academic courses5 for students from 12 to 16 years old in a free and compulsory manner.

Apart from the knowledge embedded in the lower levels, the ESO expects to train students in subjects such as humanities, technology, sciences, and arts, among others. Individual tutoring and professional guidance to students is a key feature of this stage of education.

Once a student graduates from ESO, there are four different options: (1)

Baccalaureate (Bachillerato).

(2)

Vocational training.

(3)

Plastic Arts, Design or middle-level sports.

(4)

Entering the job market.

However, in the third year of ESO, students must choose whether they will take a Vocational Training course or the Bachillerato through optional subjects, as both of them will be distinguished in the last year of ESO.6

Bachillerato Bachillerato is not part of compulsory education; it is one cycle of two academic courses for students between 16 to 18 years old.

Within Bachillerato, students may choose different modalities or also the so-called “disciplinary concentrations” that comprise a particular discipline as set forth by the LOMCE. They include: Arts (visual arts, image and design o Performing arts, music and dance), Sciences and Humanities and Social Sciences (Humanities or Social Sciences).

Accordingly, students take different types of subjects. On the one hand, there are common or core subjects, which are compulsory for all students, and on the other hand, those subjects which are inherent in the modality chosen by the student, and finally, optional subjects, the purpose of which is to gain in-depth knowledge about the “concentration” or to expand other general knowledge.

After completing the Bachillerato and obtaining the diploma, the graduate may opt to continue his/her studies at the university, in Vocational training or both; or other higher education courses (such as tertiary or technical programs).

5 The LOMCE describes the four years of ESO are divided into two cycles: the first one comprises the first three years of such cycle and the second one, the fourth and last year.

6 During the fourth year of ESO, students may opt for the so-called “Option of academic education for Bachillerato’s initiation” (Opción de enseñanzas académicas para la iniciación al Bachillerato) or “Option of applied education for Vocational Training initiation” (Opción de enseñanzas aplicadas para la iniciación a la Formación Profesional).

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University and Higher Education Since 2007 the Spanish university system falls within the scope of Royal Decree 1393/20077 after the incorporation of this country to the European Higher Education Area (EHEA), which establishes the organization of official university education according to the general guidelines laid down by such entity. It sets forth the criteria under which universities are structured and the characteristics of such levels as to the issuance and validation of their titles, course of studies, curricula and requirements for accessing them.

Spanish university courses of study usually take four years, except for other, such as medicine, which takes six years.

By 2010, according to the EHEA, higher education will consist of: Bachelor degrees (Licenciatura) (Degree), for fouryear courses, Masters (Master), 2-year post-graduate courses and Doctorates for post-master studies.

In Spain, we may find two different kinds of universities: public and private. According to the Spanish legislation8 , public universities are those created by a Law enacted by the Legislative Body of the Autonomous Community where the university is located and/or by an Act of Parliament (Cortes Generales), which are proposed by the Government jointly with the Autonomous Community where its location.

On the other hand, there are private universities created by individuals or entities under the conditions set forth by Spanish legislation.9 It should be highlighted that both in public and private universities, the amount paid by students will depend not only on whether the university is public or private, but also on the number of credits they enroll, the course of study selected and academic performance since there are surcharges if a student enrolls twice or more times in one or more subjects.

As concerns the regulatory framework, Spanish university education falls within the framework of the so-called Fundamental Law on Universities (Ley Orgánica de Universidades, LOU), which was enacted in 2001 and amended in 200710.

It restructured and updated the first Law called University Reform Act (Ley de Reforma Universitaria, LRU), which structured the general organization of universities and was enacted in 1983.

Assessment by school year In accordance with the provisions of the LOMCE, Spanish students must be assessed at the end of each educational stage in an effort to ensure the learning of the contents required by each stage and the certification of the title in such country. Examinations are prepared by the MECD and corrected by independent teachers alien to the relevant schools.

In order to obtain the ESO and Bachelor’s degree, the approval of the relevant examination is required. In the case of primary education, such examinations will have an indicative nature pursuant to which teachers will be able to make adjustments, changes and/or adaptations of the contents.

In turn, university entrance requires the approval of all the subjects in the Bachillerato and the final examination of that stage. Besides, universities may prepare admission exams that must be approved by applicants in order to enter university.

Meanwhile, those students who do not pass the Bachillerato’s final exam may only continue their studies in Intermediate or Superior Vocational Training, while those who fail the final examination of ESO will have access only to Basic Vocational Training.

7 Effective on Octobre 29, 2007, as amended in 2010.

8 Fundamental Law on Universities 6/2001.

9 Private universities shall comply with subsection 6 of Section 27 of the Spanish Constitution and be governed by Fundamental Law on Universities 6/2001.

10 Given by Spain’s adaptation to the Space.

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VOCATIONAL TRAINING Method As several European countries, in 2012 Spain implemented the so-called Dual Professional Training, which falls under the scope of the LOMCE and Royal Decree 1529/2012 dated November 8. This decree sets forth the conditions and characteristics of learning and teaching of this type of Vocational Training.

The purpose of this modality is that students alternate between the educational institution and a company, varying the number of hours or days in each of them. In accordance with the LOMCE, since 2012 a progressive implementation of dual vocational training has been taking place in the Spanish education system which results in a host of initiatives and training actions the purpose of which is the professional qualification of people both in the education institution and in different workplaces as well.

In this sense, Dual Professional Training provides students with the necessary training required by the productive system, adapting its training offer to the socioeconomic reality of the labor market. Thus, it seeks to satisfy the needs of personal development and qualification of different productive and services sectors of the economy of each one of the Autonomous Communities of this country.11

Training cycles Vocational Training is organized by training cycles of variable duration made up of theoretical and practical areas of expertise. There are different levels of degrees:

Degree in Basic Vocational Training;

Degree in Intermediate Vocational Training;

Degree in Higher Vocational Training;

Specialization courses.

All these courses of study are organized by professional modules that have a variable duration according to a professional profile. In turn, they conform to the students’ academic support needs, ensuring their access to and continuation in these kinds of courses.

It is worth mentioning that Basic Vocational Training was created with the approval of the LOMCE, and offers two courses for students in the second or third year of ESO (from 15 years old) that have difficulties in following conventional education. Those who choose to continue in this way will also be able to obtain the ESO degree and acquire, in turn, a basic professional qualification.

On the other hand, those who wish to obtain an Intermediate degree must be over 18 and have graduated from the ESO or passed the entrance examination. Furthermore, in order to obtain a Higher Level degree, applicants must be over 19 and have obtained a Bachelor’s degree or passed the entrance examination. Vocational training examinations are taken by professional modules. Those students who pass the intermediate level vocational training will obtain the degree of Technician, while those passing the Higher Level Vocational Training will obtain the degree of Senior Technician.

11 Both the offer and implementation of Dual Vocational Training depend on each of the Autonomous Communities

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Degree

In Spain there are different ways to obtain a degree. On the hand, there is on-site training, which combines regular attendance to classes (centers) and work training environments (Company).

On the other hand, there is distance learning (e-learning), the enrollment of which has been increasing and which provides flexibility allowing students to combine study with other activities (such as, work). Communication among students and their teacher is constant through an online platform where the latter helps students to prepare and correct different activities. In addition, the platform offers materials, information and tools aimed at enhancing their training. An on-site final examination is required.

Furthermore, degrees may be directly obtained by taking different examinations. This modality is oriented to people who have in-depth training in a given professional field and who are able to study and take a one-time exam of each professional module without any support and not attending classes, with the purpose of certifying their skills until finally obtaining the desired degree.

Compulsory education As the Spanish educational system has been going through different changes within its structure, so did one of its components: compulsory education.

Since the mid-nineteenth century to the present, the obligation of children and adolescents to attend classes has been increasing with the passage of time. Thus, such compulsory feature happened to comprise only three years of schooling in the beginning, up to ten years at present.

This is because since the approval and enactment of the Fundamental Law on the General Organization of the Spanish Education System (Ley Orgánica de Ordenación General del Sistema Educativo de España, LOGSE) in 1990, Basic Education in Spain is compulsory.

Accordingly, Spanish compulsory education covers Primary Education (from 6 to 12 years of age) and Secondary Education (from 12 to 16 years of age).

Financing Spanish education is funded by public funds, private institutions and the citizens themselves. Thus, the total expenditure on education is represented by the sum of these funds for education, either public or private.

Public funds are mainly allocated by the MECD; and by the autonomous communities according to their competences in this matter. Other Ministries and public agencies (such as municipalities, city councils, etc.) contribute to this budget item as well. It should be noted that public funds are not only allocated to public education, but also to private education institutions in the form of subsidies or scholarships and grants for students.

Autonomous Communities with full competence in the field of education receive public funds to finance their education systems, but also have contributions from their own revenues to finance education expenditure in their own territory.

The so-called Ministries (Conserjerías) or Departments of Education are in charge of allocating and distributing all the resources according to different educational levels.12 In those Autonomous Communities that still lack full competence in education, Provincial Education Offices (Direcciones Provinciales de Educación) are in charge of allocating such resources. These offices include the MECD peripheral services, that is, decentralized administrations with a certain degree of autonomy.

Other investments, depending on the amount, are financed by the relevant Autonomous Community, the State (those with a higher amount) or by the educational institution (small investments) itself. Spanish educational institutions are entitled to earn extra income by leasing their facilities, providing certain services, selling certain products, organizing 12 Namely, personnel expenses, purchase of goods and services, teaching and non-teaching staff remuneration, among others.

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events, interest income, in-kind donations and financial aid by means of legacies and donations. It is legally established that educational institutions shall not collect any amount as tuition. However, textbooks are purchased by the students’ parents. In the case of students whose families have an income not exceeding the limit provided by law, study aids and other subsidies are granted. In addition, transportation costs must be borne by parents, though financial aid is also available. Similarly, the costs for the use of supplemental room service are borne by students’ parents in primary education, although again financial aid is available for those families who cannot afford this service.

Sources - Spanish Government Ministry of Education, Culture and Sports’ website: http://www.mecd.gob.es/ - Community of Madrid’s website: http://www.madrid.org/ - Organization of Iberoamerican States’ website: http://www.oei.es/ - Website of Organización Europea de las Instituciones Regionales de Control Externo del Sector Público http://www.eurorai.org/ - Website of Agencia Estatal Boletín Oficial del Estado de España: https://www.boe.es - Spain. Moyano Law enacted in 1857.

- Spain. Primary Education Law 7/1945, dated July 18, 1945. Official Gazette, July 17, 1945, No. 199, p. 385-416.

- Spain. General Law on Education and Financing of Educational Reform Law 14/1970 (Ley General de Educación y Financiamiento de la Reforma Educativa), dated August 4,. Official Gazette, August 6, 1970, No. 187, p.

12525-12546.

- Spain. Fundamental Law on University Reform 11/1983, dated August 25 (Ley Orgánica de Reforma Universitaria). Official Gazette, September 1, 1983, No. 209, p. 24034-24042.

- Spain. Fundamental Law on General Organization of the Spanish Education System 1/1990, dated October 3, 1990. (Ley Orgánica de Ordenación General del Sistema Educativo de España). Official Gazette, October 4, 1990, No. 238, p. 28927-28942.

- Espagne. Loi Organique 6/2001, du 21 décembre, d’Universités Bulletin Officiel de l’Etat, 24 décembre 2001, num. 307, pp. 49400 à 49425.

- Spain. Fundamental Law on Universities 6/2001, dated December 21. Official Gazette, December 24, 2001, No. 307, p. 49400-49425.

- Spain. Fundamental Law for the improvement of educational quality 8/2013, dated December 9.(Ley Orgánica para la mejora de la calidad educativa). Official Gazette, December 10, 2013, No. 295, p. 97858-97921.

- Spain. Royal Decree 1393/2007, dated October 29, which sets forth the organization of official university education. Official Gazette, October 30, 2007, No. 260, p. 44037-44048.

- Spain. Royal Decree 1529/2012, dated November 8, which sets forth the agreement between training and learning and the conditions of dual vocational training. Official Gazette, November 9, 2012, No. 270, p. 78348-78365.

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EXHIBIT A1. Educational competences in Spain Competencies - Organization, programming and general assessment of the educational system.

Law - National Constitution (Section 27, 149, among others).

- Ensure the right to education, its compulsory and free - Fundamental Law on the Right to nature13.

Education (Ley Orgánica reguladora del Derecho a la Educación)14.

- Promote academic freedom.

- Set forth educational institutions’ minimum requirements.

Autonomous State - Determination of minimum contents by academic level.

- Regulation for obtaining, issuing and standardizing academic and professional degrees throughout the country.

- Fix the minimum number of academic days during the academic year.

- Regulation and management of education at its diffe- Statutes of Autonomy of the relevant rent levels and grades, modalities and specializations Communities. within its territory.

- Issuance of diplomas.

Autonomous Communities

- Fix the academic calendar as provided by the State.

- Supervision, appointment and assessment of teaching staff.

13 In those levels provided by Law. 14 Effective since 1985.

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A2. Academic levels in the Spanish educational system.

UNIVERSITY

Higher training Assessment 2° Bachillerato

Intermediate training

1° Bacchillerato

Second Cycle

Assessment

Second Cycle

4°ESO Academic education

Assessment 4°ESO Applied education

2° BASIC VT 1° BASIC VT Assessment

Compulsory education

First Cycle

3° ESO 2° ESO 1° ESO Assessment 3° Primary 2° Primary 1° Primary Assessment 3° Primary 2° Primary 1° Primary

Second Cycle

Infant 3-5 years old

First Cycle

Infant 0-2 years old

References Diagnosis assessment Academic assessment

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A3. Evolution of compulsory education.

General Law on Education

Fundamental Law on General Organization of Education in Spain

Law

Moyano Law

Law on Primary Education

Year

1857

1945

1970

1990

Years of compulsory education

3 (6 to 9 years old)

6 (6 to 12 years old)

8 (6 to 14 years old)

10 (6 to 16 years old)

Academic levels involved

Primary education (partially)

Primary education

Primary education

Primary and Secondary Education

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