LOMLOE, 2020: New current education law

The legislative framework governing and guiding the Spanish education system comprises the Spanish Constitution (1978), the Organic Act on the Right to Education (LODE, 1985), the Organic Act on Education (LOE, 2006) and the Organic Act of Modification of the LOE 3/2020 of 29 December (LOMLOE, 2020), which develops the principles and rights in the education system.

The Spanish Constitution recognises the right to education as one of the essential rights that public powers must guarantee to every citizen.

The LOMLOE offers (at national level) the legal framework to provide and assure the right to education. The autonomous communities can regulate the adaptation of the Act to their territories.

The Spanish education system, set up in accordance with the values of the Constitution and based on respect for the rights and liberties recognised therein, is inspired by the following principles:

(a) The effective implementation of the rights of the child in accordance with the Convention on the Rights of the Child, adopted by the United Nations on 20 November 1989 and ratified on 30 November 1990, and its Optional Protocols, recognising the best interests of the child, his or her right to education, not to be discriminated against and to participate in decisions affecting them and the state’s obligation to ensure his or her rights.

(a bis) The quality of education for all students, without any discrimination on the grounds of birth, sex, racial, ethnic or geographical origin, disability, age, illness, religion or belief, sexual orientation or sexual identity or any other personal or social condition or circumstance.

(b) Equity, which guarantees equal opportunities for the full development of the personality through education, educational inclusion, equal rights and opportunities, including between women and men, which help to overcome any discrimination and universal accessibility to education, and to act as a compensating element for personal, cultural, economic and social inequalities, with special attention to those arising from any type of disability, in accordance with the provisions of the Convention on the Rights of Persons with Disabilities, ratified in 2008 by Spain (LOMLOE, Article 1, Chapter I, p. 35).

The LOMLOE law is a complete overhaul of the education system. It addresses early drop-out, grade repetition and school segregation. It introduces several changes related to diversity and inclusion:

• Establishing universal design for learning (UDL) as a basic principle of education with the aim of promoting school inclusion
• Respecting the ‘specific culture of children’, as established by the United Nations Convention on the Rights of the Child, at the early childhood stage. This reinforces pedagogy in the first cycle (0–3 years) and schools must prepare a pedagogical proposal
• Early detection of and intervention for learning difficulties are important. Schools must prepare reinforcement plans to improve the level of competence of the learners who need it (which will be further regulated by the autonomous communities or local authorities)
• Introducing measures to lower the high repetition rate, including:
  • Primary education (6–12 years) will be organised in cycles of two school years. This favours greater adaptation to learning rhythms, as the objectives can be achieved during a cycle. In addition, it will only be possible to repeat at the end of each cycle (second, fourth and sixth years of primary education)
  • In secondary education (ESO) (12–16 years) the decision to repeat a year will be made scholastically. Learners who fail more than two subjects may still pass a course if the teaching team considers that they will be able to successfully follow the next course
  • Decisions regarding repetition must be accompanied by a specific individualised plan. This must include the educational measures necessary to ensure the learner overcomes their difficulties during the repeated year
• Enabling the integration of subjects by areas during the first three courses of compulsory secondary education to give better attention to diversity
• Recovering the Curricular Diversification Programmes of 2006, which allow modification and adaptation of the curriculum in the third and fourth years for learners with ‘relevant learning difficulties’, and lead to a degree
• Maintaining the Basic Vocational Training (FPB) programmes which learners can access at the age of 15, after completing the third year of ESO or, exceptionally, after the second year. LOMLOE modifies the evaluation and qualification criteria to facilitate obtaining the qualification: success in all areas in a basic degree cycle will lead to the Compulsory Secondary Education (CSE) certificate. It is a second chance for some learners to get their CSE certificate
• Enabling school to be prolonged to three years, instead of the usual two, in upper-secondary education (16–18 years). Exceptionally, this can also lead to the ‘Bachillerato’ certificate in a failed subject
• Carrying out university entrance tests taking all necessary steps to ensure non-discrimination of students with specific educational support needs and universal accessibility for people with disabilities
• Carrying out diagnostic tests in the fourth year of primary and the second year of ESO, and prohibiting the publication of the test results to avoid school rankings
• Providing schooling for learners with special educational needs preferably in mainstream schools, adapting programmes to each learner. Schooling in special schools will only take place when learners’ needs cannot be met in mainstream schools
• Over ten years, aiming for special educational establishments to progressively become open educational resource centres for professionals working in local mainstream schools
• Evaluating learners with special educational needs regarding the objectives and content modifications made through individualised curricular adaptations. This makes it possible for these learners to pass and qualify
• Making special arrangements to adapt assessments to the needs of learners with specific or educational support needs.

The state is responsible for education and for offering all pupils free compulsory education from 3 to 16 years of age. The stage from ages 3 to 6 is not compulsory, while education is compulsory from 6 to 16 years of age. The Ministry of Education and Vocational Training is responsible for central administration.

Schools are classified as public schools, private schools and publicly-funded private schools. Public schools are those owned by a public administration. Private schools are those owned by a private person or legal entity. Publicly-funded private schools are private schools which are under the system of legally-established agreements. The provision of public education takes place in public and publicly-funded private schools. Schools have pedagogic, organisational and management autonomy within the current legislation. They have the autonomy to draw up, approve and execute education projects, management projects, and their organisational and running procedures.

Provisions for learners with special educational needs are governed by principles of normalisation and inclusion. They ensure non-discrimination and real equality in access to the education system and continued attendance, allowing flexibility in the different stages of education when necessary. The schooling of learners with special educational needs in special schools or units, which may be extended to the age of 21, will only take place when their needs cannot be met by the special needs provisions available in mainstream schools.

Stages of the Spanish education system

Pre-primary education (0–6 years)

Pre-primary education is organised into two cycles of three years. The first cycle (0–3 years) is voluntary for families and aims to give educational assistance and attention to early childhood education.

The second cycle (3–6 years) is voluntary, free, and constitutes the first level of school education. Even though it is voluntary, educational authorities are obliged to offer enough places at this level.

Compulsory education

Basic, compulsory, free education comprises primary education and compulsory secondary education, for learners aged 6 to 16 years. It lasts for ten years and is divided into two educational levels:

• Primary education (6–12 years) comprises six academic years
• Compulsory secondary education (12–16 years) comprises four academic years. Upon passing these, learners receive the Compulsory Secondary Education (CSE) certificate.

General upper-secondary education level (Bachillerato)

The Bachillerato is a two-year, non-compulsory education level, which complements compulsory secondary education. The CSE certificate or professional training, art and design or sports education titles are a prerequisite for entering Bachillerato. The theoretical ages for commencement and completion are 16 and 18, respectively.

Vocational training

This is a non-compulsory education level. It prepares pupils to work in a specific professional field by providing them with an all-round and practical education that enables them to adapt to the changes to their trade, which may take place during their working lives.

The levels of specific vocational training are:

• Basic Vocational Training, which is a second chance for learners to get their CSE certificate in an environment linked to the professional world
• Intermediate Vocational Training
• Advanced Vocational Training
• Specialisation courses.

Last updated 09/11/2022