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Organic LawofEducation(LeyOrgnica deEducacin -LOE)

Organic LawofEducation(LeyOrgnica deEducacin-LOE)

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MINISTERIODEEDUCACINYCIENCIASecretaraGeneraldeEducacin

GabineteTcnico

N.I.P.O.:651-06-099-9

DepsitoLegal:M-24478-2007

Imprime:MARNLVAREZ,HNOS.,S.A.

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INDEX

Page

ORGANIC LAWOFEDUCATION(LEYORGNICADEEDUCACINLOE)2/2006, 3rd MAY............................................................... 13

PREAMBLE............................................................................. 13

PRELIMINARYTITLE............................................................. 33

Chapter I.Principlesand aims ofeducation ............................... 33Article 1. Principles ....................................................... 33

Article 2. Aims .............................................................. 35

Chapter II.Organisation ofeducation andlife-long learning ..... 36Article 3. Education ...................................................... 36Article 4. Basiceducation ............................................. 38Article 5. Life-longlearning ........................................... 38

Chapter III.The curriculum ............................................................. 39Article 6. Thecurriculum .............................................. 39

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Page

Chapter IV.CooperationbetweenEducationAdministrations......... 40Article 7. Agreements oneducation policies ............... 40Article 8. Cooperation betweenAdministrations ...... 40Article 9. Programmes ofterritorial cooperation ...... 41

Article 10. Dissemination ofinformation ..................... 41Article 11. Educational provision andresources ......... 42

TITLE I

Theorganisationofeducation................................................ 43

Chapter I.Infant education .......................................................... 43Article 12. General principles ...................................... 43Article 13. Objectives ........................................... ...... 43Article 14. Planningandpedagogic principles ........... 44Article 15. Provision ofplacesandfree education ..... 45

Chapter II.Primary education ....................................................... 46Article 16. General principles ...................................... 46Article 17. Objectives .................................................. 46Article 18. Organisation ............................................... 48Article 19. Pedagogicprinciples ................................. 49Article 20. Assessment ................................................. 49Article 21. Diagnostic evaluation ................................. 50

Chapter III.Compulsory secondary education ............................. 50Article 22. General principles ...................................... 50Article 23. Objectives .................................................. 51Article 24. Organisationofthefirst, second and

thirdyears .................................................. 53Article 25. Organisationofthefourth year................. 55Article 26. Pedagogicprinciples .................................. 56

Article 27. Programmes ofcurriculardiversification .... 57Article 28. Assessmentand advancement ................... 57

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Page

Article 29. Diagnostic evaluation ................................. 59Article 30. Vocational initiation programmes ............... 59Article 31. CertificateinCompulsorySecondary

Education .................................................... 61

Chapter IV.Bachillerato .................................................................. 61Article 32. General principles ....................................... 61

Article 33. Objectives ................................................... 62Article 34. Organisation ............................................... 63Article 35. Pedagogicprinciples .................................. 65Article 36. Assessmentand advancement ................... 65Article 37. BachillerCertificate ..................................... 66Article 38. University entrancetest .............................. 66

ChapterV.Formacinprofesional(vocational training) ............. 67Article 39. General principles ...................................... 67Article 40. Objectives ................................................... 68Article 41. Access ......................................................... 69Article 42. Contentsandorganisation ......................... 70Article 43. Assessment ................................................. 70Article 44. Qualificationsandvalidation ...................... 71

ChapterVI.Arts education ............................................................. 71Article 45. Principles ..................................................... 71Article 46. Organisation ............................................... 72Article 47. Correspondencewithothereducation

stages .......................................................... 72FIRSTSECTION.ELEMENTARYANDPROFESSIONALEDUCATIONINMUSICAND DANCE ......................... 73Article 48. Organisation ............................................... 73Article 49. Access ......................................................... 73

Article 50. Qualifications .............................................. 73

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SECONDSECTION.PROFESSIONALEDUCATIONINARTSANDDESIGN ................................................. 74Article 51. Organisation ............................................... 74Article 52. Access ......................................................... 74Article 53. Qualifications .............................................. 75THIRDSECTION.HIGHERARTSEDUCATION ........... 75Article 54. Higherstudies inmusicand dance ............ 75Article 55. Dramaticart ................................................ 76Article 56. Conservation andrestorationofcultural

goods .......................................................... 77Article 57. Higherstudies inartanddesign ................ 77Article 58. OrganisationofhigherArtseducation ....... 78

ChapterVII.Languageeducation ................................................... 78Article 59. Organisation ............................................... 78Article 60. Officiallanguageschools ........................... 79Article 61. Certificates ................................................. 79

Article 62. Correspondencewithotherlanguageeducation .................................................... 80

ChapterVIII.Sports education ......................................................... 80Article 63. General principles ...................................... 80Article 64. Organisation ............................................... 81Article 65. Qualificationsandvalidation ...................... 82

ChapterIX.Adult education ........................................................... 83Article 66. Objectives andprinciples ........................... 83Article 67. Organisation ............................................... 84Article 68. Basiceducation ......................................... 85Article 69. Post-compulsory education ........................ 86Article 70. Schools ........................................................ 87

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TITLE IIEquityinEducation................................................................. 89

Chapter I.Students with specific educational support needs... 89Article 71. Principles ..................................................... 89Article 72. Resources .................................................... 90FIRSTSECTION.STUDENTSWITHSPECIALEDUCATIONALNEEDS ............................................... 91Article 73. Scope .......................................................... 91Article 74. Schooling .................................................... 91Article 75. Socialandworkintegration ....................... 92SECONDSECTION.HIGHABILITYSTUDENTS.......... 92Article 76. Scope .......................................................... 92Article 77. Schooling ................................................... 92THIRDSECTION.LATEENTRIESINTOTHEEDUCATIONSYSTEM.................................................. 93Article 78. Schooling .................................................... 93Article 79. Specificprogrammes .................................. 93

Chapter II.Compensatory measuresforinequalities ineducation ..................................................................... 94Article 80. Principles ..................................................... 94Article 81. Schooling .................................................... 94Article 82. Equalopportunities in rural areas .............. 95

Article 83. Subsidiesandgrants .................................. 95

Chapter III.Enrolment inpublic andpublicly-funded privateschools ......................................................................... 96Article 84. Studentadmission ...................................... 96Article 85. Specificadmissionproceduresfor

studentsinpost-compulsory stages ............ 98Article 86. Equalityintheapplicationofadmission

rules ........................................................... 99Article 87. Equilibriuminstudentadmissions .............. 99

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Article 88. Guarantee offree schooling ........................ 100

ChapterIV.Awards,competitions andrecognition ...................... 101Article 89. Awardsandcompetitions ........................... 101Article 90. Recognition ................................................. 101

TITLE IIITeaching staff........................................................................... 103

Chapter I.Duties ........................................................................... 103Article 91. Duties .......................................................... 103

Chapter II.Teaching staffinthedifferent stages ......................... 104Article 92. Infanteducation ........................................... 104

Article 93. Primaryeducation ........................................ 105Article 94. CompulsorysecondaryeducationandBachillerato................................................. 105

Article 95. Formacinprofesional ............................... 106Article 96. Artseducation ............................................ 106Article 97. Foreignlanguageteaching ......................... 107Article 98. Sports education ......................................... 108Article 99. Adult education .......................................... 108

Chapter III.Teachertraining ........................................................... 108

Article 100. Initialtraining ............................................ 108Article 101. Incorporation intopublicschools ............. 109Article 102. In-servicetraining ...................................... 109Article 103. In-servicetraining forpublic school

teachers .................................................... 110

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Chapter IV.Teacherrecognition, support andappraisal ............. 110Article 104. Teacherrecognition andsupport............... 110Article 105. Measuresforpublic school teachers ........ 111Article 106. Appraisalofpublic school teachers ......... 112

TITLEIVSchools..................................................................................... 113

Chapter I.General principles ....................................................... 113Article 107. Legalframework ....................................... 113Article 108. Classificationofschools ............................ 114Article 109. Programming ofthe school network......... 114Article 110. Accessibility ............................................... 115

Chapter II.

Publicschools .............................................................. 115Article 111. Denomination ofpublicschools ............... 115Article 112. Materialandhumanresources .................. 116Article 113. Schoollibraries ......................................... 117

Chapter III.Private schools ............................................................ 118Article 114. Denomination ........................................... 118Article 115. Thenature ofpublicschools .................... 118

Chapter IV.Publicly-funded private schools ................................. 118Article 116. Public-fundingagreements ...................... 118Article 117. Agreementmodules ................................. 120

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Page

TITLEVParticipation, autonomy andmanagementofschools........... 123

Chapter I.Participation inthe management andrunning ofschools ......................................................................... 123Article 118. General principles ..................................... 123Article 119. Participationinthemanagementand

runningofpublicandpublicly-funded

privateschools ......................................... 124

Chapter II.Autonomy ofschools .................................................. 125Article 120. General provisions..................................... 125Article 121. Educationproject ..................................... 126Article 122. Resources .................................................. 127Article 123. Management ofpublicschools ................ 127Article 124. Organisationandrunning ......................... 128Article 125. Annual generalprogramme ..................... 128

Chapter III.Governingbodies andteachercoordination ofschools ......................................................................... 129FIRSTCOUNCIL.SCHOOLCOUNCIL .......................... 129Article 126. Membership oftheSchoolCouncil .......... 129Article 127. Powersandresponsibilities

oftheSchool Council................................. 130SECONDSECTION.TEACHERSCOUNCIL ................. 132Article 128. Membership .............................................. 132Article 129. Powersandresponsibilities ...................... 132

THIRDSECTION.OTHERTEACHINGCOORDINATIONBODIES ............................................ 134

Article 130. Teaching coordination ............................... 134

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Chapter IV.Management ofpublic schools ................................... 134Article 131. Management team .................................... 134Article 132. Theresponsibilitiesofthe school head ..... 135Article 133. Selection ofhead ...................................... 136Article 134. Requirements forthepostofschool

head .......................................................... 137

Article 135. Selection procedures ................................ 138Article 136. Appointment ............................................. 138

Article 137. Specialappointments ............................... 139Article 138. Cessationofthe head .............................. 139Article 139. Recognition ofmanagementfunction ....... 139

TITLEVIEvaluation oftheeducationsystem........................................ 141

Article 140. Evaluationobjectives ................................ 141Article 141. Scopeoftheevaluation ............................. 142Article 142. EvaluationAuthorities ............................... 142Article 143. General evaluationsoftheeducation

system.......................................................... 142Article 144. General diagnostic evaluations ................. 143Article 145. Evaluationofschools ................................ 144Article 146. Evaluationofmanagement ........................ 144Article 147. Dissemination ofevaluationresults .......... 144

TITLEVIIInspection oftheeducationsystem........................................ 147Article 148. Inspectionoftheeducationsystem .......... 147

Chapter I.High Inspection ........................................................... 147

Article 149. Areaofresponsibility ............................... 147

Article 150. Areasofcompetence ................................ 148

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Chapter II.Education Inspection .................................................. 149Article 151. Functionsofeducation inspection ............ 149Article 152. Educationinspectorate ............................. 150Article 153. Dutiesandfunctionsofthe

inspectorate .............................................. 150Article 154. Organisation ofeducation inspection ...... 151

TITLEVIIIFinancialresources.................................................................. 153

Article 155. Resourcesforcomplying withthestipulationsofthepresent Law ................. 153

Article 156. Annual report onpublicspendingoneducation .................................................. 153

Article 157. Resourcesfortheimprovementoflearningandteachersupport ................... 154

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ORGANICLAW OF EDUCATION(LEYORGNICADEEDUCACINLOE)

2/2006, 3rd May

PREAMBLE

Societytodayplacesgreatvalueontheeducationreceivedbyyoung people, in the belief that both individual and collective

welfare depend on it. Education, which integrates cognitive,affective and axiological dimensions, is consideredessential for thedevelopmentofpersonalityandfullpotential, forshaping personalidentity andforunderstanding reality. For society, education provides a meansoftransmitting and, at the same time, of renewing theculture, knowledge andvalues which sustain it,ofextractingall thebenefits from its richness, of fostering democratic coexistence and

respect forindividual differences, of promoting solidarity andpreventing discrimination, with the fundamental aim of achievingthe necessary social cohesion. Furthermore, education is the mosteffective way of guaranteeing the exercise of democratic,responsible, free andactive citizenship, which is essential for theconstitution of an advanced, dynamic and equitable society.Good education is, therefore, the greatest asset and mainresourceofacountryanditscitizens.

To provide education which meets the changing needsand demands of people and social groups is not a newobjective. Historically, society has put its hopes for progress anddevelopment in education. The idea ofeducation as an instrumentforenhancing the

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human condition and collective life has been a constant theme,althoughthis aspiration hasnotalwaysbeentransformedintoreality.

Historic interest in education was reinforced with thedevelopment of contemporary education systems. These structuresdedicated to the education of citizens were conceived asfundamentalinstrumentsforthe establishment ofnationalstatesatadecisive moment in time. Subsequently, countries have paidincreasingly more attention to their education and training systemsand endeavoured toadapt them tochangingcircumstancesand tothe expectations placed on them. As a result, they haveevolved significantlyandare todayofaverydifferent nature to whattheywereatthetimeoftheirconstitution.

At each stage of their development , education systemshave had to respond to certain priorities.During the second halfofthe 20th century they faced the challenge of fulfilling the rightofallcitizensto education. The universality of primary education, which

had been achieved in some countries at the end of the 19thcentury, wouldbe consolidated throughout the next century andwould furthermore incorporate generalised access to secondaryeducation, which thus came tobe regardedasan integralpartofbasic education. The main priority was to provide a longerperiod of schooling with more ambitiousgoalstoallyoungpeopleofbothsexes.

Inthe final yearsofthe 20th

century, the challenge consistedofensuring that this widely-available educationwasofahighstandardand thatqualityeducationwasoffered toallcitizens. InNovember1990, Ministers of Education from the Organisation forEconomic Cooperation andDevelopment metinParistodiscusshowtoprovide quality educationand trainingforall. Theneedwasevermore urgent and the Education Authorities from the moredeveloped countries preparedtogiveasatisfactoryresponse.

Fourteen years later, in September 2004, over sixtyMinisters met in Geneva for the 47th International EducationConference organised by UNESCO. They expressed the sameconcern, making it clear that the challenge posed in theprecedingdecadestillprevailed.

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While in 1990 it was the more developed countries who drewattention to theneed tocombinequalitywithequity, in 2004 a far

greater number of countries, with very diverse characteristicsand levelsofdevelopment, expressedthesameconcern.

Toensure thatallcitizenshaveaccesstoqualityeducationandtraining,without restrictingitto certain people orsocialsectors,isanurgent requirement at the present moment. A great variety ofcountries, with different political systems and with governmentsofdiverse political leanings are setting themselves this goal. Spaincaninnowaybeanexception.

Universal access to basiceducationcame late toourcountry.Although compulsoryeducationwasproclaimedin 1857 andin 1964was extended from the age of six to fourteen, it was not until themid-80s that this principle became a reality. The 1970 General LawofEducation marked thestartof aprocessdirectedat overcoming

the backward nature ofSpainseducationsystem.TheOrganic Lawon the Right to Education provided a fresh and determinedboost to the modernisation process, although this objective wasstill not fully achievedforseveralyearstocome.

The General Law of Education and Financing of EducationalReform 14/1970 and the Organic Law on the Right to Education8/1985, declarededucationtobeapublicservice.TheOrganic Law

ofEducation follows this tradition . As a public service, educationis regarded as an essential community service and schooleducation must be available to all, with no distinction,offering equal opportunities , guaranteeing regular andcontinuous service and adapted progressively to social change.Education asapublicservice maybeprovidedbypublicauthoritiesandthroughsocialinitiative,asa guarantee of the fundamental rights of citizens and freedom ofeducation.

In 1990, the Organic Law of General Organisation of theEducation System (LOGSE) established a 10-year period ofcompulsory schooling and promoted professional training givingit professionalandsocialprestige, to finally bringSpain in linewiththe

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For this reason and in order to encourage a debate in societyon

education before introducing new legislation, in September 2004,the MinistryofEducation andSciencepublishedadocument entitledA quality education for all and shared by all. This documentpresented an analysis and diagnosis of the current situationregardingeducation and offered a series of proposals for debate.Both the Autonomous Communities and the organisationsrepresented in the National School Council and the RegionalSchool Councils were formally invited to express their opinionand show their position regarding these proposals. In addition,

many other people, associations and groups sent their reflectionsandtheirownproposalstotheMinistryofEducation andScience.Thesewere disseminated invariousways,thusresponding totheneedfortransparencythatshouldpresideinanypublicdebate. Asa resultof thisdebating process,asummarydocument was published gathering together contributions fromdifferentorganisations,associationsand collectives.

Thisongoing debate, which lasted forsixmonths,enabledtheMinistryto contrast opinionsandpointsofview, discusstheexistingproblems in the Spanish education system and try to achievethe maximum consensus regarding possible solutions. Thisperiod has been fundamental in identifying the governingprinciples of the educationsystemandinformulating themintermsofregulations.

The Law has three underlying, presiding principles. The firstone consists in the provision of quality education to all citizens ofboth sexes at every level of the education system. We havealready referred to the challenge that this represents for todayseducation systems and particularly to the Spanish system. Havingensured that all young people receive schooling up until sixteenyearsofage, the aim isnow to improve overall resultsand reducethe high number of people who still leave school with noqualifications and who abandon their studies at an early age. The

objective is to ensure that all citizens reach their full individual,social, intellectual,culturalandemotional potential. Todo this theyrequire qualityeducation adapted to theirneeds. At the sametime, the state must guarantee equal opportunities and offerthe necessary support both to the students who require itand totheschoolstheyattend.In short, we are looking

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toimprovethe level ofeducationforall students andcombinequalityeducation withequity.

The second principle addresses the need for all members ofthe education community to collaborate in order to fulfil thisambitious goal. The combination of quality and equity impliedby the above principlerequiresinevitablyacombinedeffort. Thereisoftenalotofinsistenceonstudentsefforts.This isafundamentalprinciple which shouldnotbe ignored,sincewithout personaleffortresulting from a responsible attitude and commitment to onesown education, it is

very difficult

to develop fully one

s potential.

Buttheresponsibilityforstudentsuccessdoes notrestsolelyontheindividual student but also on families, teaching staff, schools,Education Administrations and, in the last analysis, on society as awhole, which isultimatelyresponsible forthequalityoftheeducationsystem.

Theconcept ofeffort, which isvitalinordertoachievequalityeducation, must apply to every member of the education

community. Eachshouldmakea specific contribution. Families mustcollaborate closely and should be involved with the daily schoolwork of their children andwithschoollife.Schoolsandstaffshouldendeavour to create rich learning environments which motivateand challenge. Education Administrations must help all membersof the school community to carry out their duties, providingthe necessary resources and, at the same time, demandingcommitment andeffort.

In brief, society must support the education system and createa favourable environment for life-long learning. Only ashared commitment andeffortwillallowsuchambitious aims tobeachieved.

One of the most relevant consequences of shared effort isthe need to provide equitable schooling of students. TheSpanish Constitution recognises the existence of a dual network ofpublic and private schools. The Organic Law on the Right to

Education establishesa system of public funding agreements in order to provide aneffective, free public and social education service, under equalconditions and within the framework of the general educationprogramme.Thismodel, which respects the right to education andto freedom of choice, has worked satisfactorily in broad terms,

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although,withtime, new demands

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havearisen.Oneofthe main demands referstotheequaldistributionofstudents amongthedifferent types ofschools.

With the extension of the compulsory school age and theaccess toeducationofnew types ofstudents, theconditions underwhich schools must operate have become more complex. It istherefore necessarytoaddresstheissueofdiversity among studentsand contribute in an equitable way to the new challenges anddifficultiesthatthis diversity generates.Inthelastanalysis,thismeansthatallschools,bothpublicandpublicly-funded, shouldhonourtheir

social commitment

to education and provide schooling without

exclusion,therebyemphasisingthecomplementarycharacterofbothschool networks, while allowing them to conserve their identit y.In exchange, all schools financed with public funds should receivethe material and human resources necessary for them to carry outtheirduties. In order to provide a public education service, societymust equipschoolsadequately.

The third underlying principle of the Law consists of the

firm commitment to the educational targets set by the EuropeanUnion for the coming years. The formation of the European Unionhas led to a certain convergence of education and trainingsystems which has resulted in common educational aims for thebeginning of the 21st century.

The aim to turn the next decade into an economy basedon more competitive, dynamic knowledge, capable of

sustaining economic growth, accompanied by a quantitative andqualitative improvement in employment and greater socialcohesion has been reflected in the formulation of commoneducationalaims.Inthelightoftherapiddevelopments inscienceandtechnology andtheimpactofthesedevelopments onsocialtrends, it ismore vital than evertoensure thateducationpreparespeople toliveinthe new knowledge-basedsocietyandbeabletofaceitschallenges.

It isfor thisreasonthat theEuropean Union andUNESCO, inthefirst place, haveproposedimprovingthequalityandeffectivenessofeducationand trainingsystems.This implies improving teaching

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Preamble

skills, developing the skills necessary for the knowledge-basedsociety, guaranteeingaccessofalltoinformationandcommunication

technologies, increasing the number of enrolments on science,technical and art courses, using all available resources, andraising investment in human resources. Secondly, the aim is tofacilitate generalised access to education and training.

This implies establishing an open learningenvironment, making learning more appealing and promotingactive citizenship, equal opportunities and social cohesion. Thethird aim is to open up these systems to the external worldwhich means strengthening links with the labourmarket,with

research, with society in general, developentrepreneurship, improve foreign language competence,increase mobility and exchanges and strengthen Europeancooperation.

In the next few years, the Spanish education system mustintroducemeasurestohelpachievethesegoals which we share withour European partners. In some cases, the position of Spanish

education isnotso far from reaching the target for theend of thedecade. In others, however, the distance is notable. The activeparticipation of Spain in Europe requires an improvementin educational standards in order to situate Spain in a positionbefitting its position in Europe. This demands commitment anddetermined effort, which are alsoreflectedinthisLaw.

Inordertoconverttheseprinciplesintoreality,wemusttakesteps

in several complementary directions. In the first place, educationand training must be regarded as an ongoing process whichcontinues throughout life.Although learningwas traditionally regardedas a process which happened principally during childhood andadolescence, today this is clearly no longer the case. We know thatthe capacity to learn is maintained throughout life, although learningmethods and motivation may change. We also know that the needsderived from economic and social change require people to beconstantly acquiring new skills. Consequently, more attention has

been focusedonadult education.

To encourage lifelong learningmeansproviding youngpeoplewith anall-round education which covers theknowledge and basiccompetences necessary in todays society, which allows them to

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develop values which encourage the practice of active citizenship,community life and social cohesion, which stimulates in them

the desire to continue learning and the capacity to learnautonomously. It also implies offering young people and adultsthe possibility ofcombining studiesandtrainingwith work orotheractivities.

To allow this flexible movement between training and workorother activities, the flexibility of the education system mustbe increased.Although theSpanisheducationsystem isnotas rigidas in the past, it has not generally favoured flexible routes towardsstudy and training.Toallowyoungpeoplewhoabandontheirstudiesatayoung agetoreturn laterandcompletethemortoenable adultstocontinue learningthroughoutliferequire amore flexibleeducationsystem. And this flexibility means setting up links betweendifferent kinds ofeducation, facilitating the passage from one toanother and allowing the creation of training routes adapted topersonalneedsandinterests.

A flexibleeducationsystem must necessarilybecoupled withthegranting ofautonomytoschools.Thedemandtoprovidequalityeducation toall students, taking account ofthe diversity ofinterests,characteristics and personal circumstances means that institutionsmust be granted decision-making capacities which affecttheir organisation and way of working. Although Authorities willestablish the overall educational operating framework, schoolsmust have a certain amountofautonomytoallowthemtooperate

according to their specific circumstances and the characteristics oftheirstudents,in order to ensure successful schooling for all the students. Therelevant Administrations should provide schools with theresources and means they need in order to carry out their activityand achieve thisobjective,and the latter must use them rigorouslyandefficiently to ensure they fulfil their purpose in the best waypossible. The regulations need to combine both theseaspects, establishing commonstandards forall to follow, while at

thesametimegranting autonomyschools.

Theexistenceofalegislative framework capableofcombiningobjectives and common standards with the necessary pedagogicautonomyandthemanagementofschoolsalsorequiresthesetting

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Preamble

upofevaluation andaccountability instruments.The importanceofthechallenges facing theeducationalsystemdemand in return that

the public be fully informed about how available resources andmeans will be used and what results are achieved. Evaluation hasbecome a valuable instrument for monitoring and assessing theresultsobtained and for improving theprocesses theyevaluate.Forthis reason, it is essential to establish evaluation procedures forthe different areas and agents involved in

education-students, teaching staff,institutions, curriculum, local authorities- and commit the

relevant authorities to report on the current situation anddevelopments taking place intheareaofeducation.

Theactivityofschoolsis,inthelastanalysis,inthehandsoftheteacherswho work there. Toensure thatallyoungpeople fulfiltheirwhole potential, in an environment of quality and equity, totransform thegeneralaimsintoconcreteachievements,toadaptthecurriculum and educational activity to the specific circumstances of

eachcentre, to persuade parents to become more involved in theeducation of their children is not possible without a committedteaching staff. On the one hand, the changes which have takenplace in the education system and in the functioning of schoolsrequire reformoftheinitial teachertrainingmodel inordertoadaptittotheEuropeancontext. On the other

hand, professional development demands acommitment from the Education Administrations to in-servicetraining linked to teaching practice. All this is impossiblewithout the necessary recognition by society of the role teachersperformandthe taskstheyundertake.

A final condition which must bemetinordertoachievetheseambitious educationalgoalsconsistsofsimplifyingandclarifyingtheregulations in a context which fully respects the devolvement ofpower with regards to education established in the SpanishConstitutionandthepertaininglaws.

Since 1990 there has been a proliferation of education lawsand corresponding regulatory procedures, which have partiallyrevoked the preceding ones, leading to a lack of clarity regardingthenorms

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Preamble

governing academic organisation and the functioning of theeducation system.Asaresult,theregulationscurrentlyinforceneed

simplifyingtomakethemclearerandmore comprehensible.

Furthermore, the completion in the year 2000 of thedevolvement of power for education to the AutonomousCommunities hascreated new conditions which are verydifferenttothose existingin1990 and which require a revision of all the current regulationsgoverning non-university education. Now that the devolvementof educational power is fully completed, as laid down in theConstitution, th e new laws passed must reconcile respect for thisdevolvementwith the essential national structure of the educationsystem. The basic nationalstateregulationscommontoallandtheregional regulations applying to the corresponding region must bebrought into line with each other through new mechanisms ofcooperation which willallow the development of education policiesof a national dimension. This Law provides the necessary basichomogeneity and unity of the educationsystemandemphasises

thewide range ofstatutory powers conceded to the AutonomousCommunities in order to fulfil the purpose of the educationsystem. The Law contains a proposal for territoria l cooperationbetween Administrations to carry out projects and programmes ofgeneral interest, toshare informationand learn frombestpractice.

Theabove-mentioned principlesandproceduresconstitutethebasison which thepresentLawisfounded. Theultimateobjectiveis

to lay the foundations which will allow us to meet the majorchallenges that Spanish education faces if it is to achieve theambitious goals set for the coming years. To do this, the Lawproceeds fromtheadvancesmadeintheeducationsystem overthelast decades, incorporating all the structural and organisationalaspects which have been proved relevant and effectiveand proposing changes in others which require revision. Thetemptation to try to change the whole education system and startfrom scratch has been resisted and instead the experience and

advances of the pastyearshavebeen taken into account. Inthelastanalysis,theLawisfoundedonthebeliefthateducationalreformsshouldbegradualand continuous and that the role of legislators and the Education

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Preamble

Authorities is none other than to facilitate the steady, progressiveenhancement oftheeducationreceivedbyitscitizens.

In accordance with such principles, the structure of theLaw consists of a preliminary Title, eight Titles, thirty oneadditional provisions, eighteen transitory provisions, a derogatoryprovision and eight final provisions.

The Preliminary Title begins with a chapter dedicated tothe aims and principles of the law, which form the central

elements around which the whole education systemshould

beorganised. In a prominent position is the formulation of thefundamental principle of quality of education for all studentscombined withequityandequal opportunities. Theparticipation ofthe education community and the combined efforts of students,families, teaching staff, schools, local Authorities, institutions andsociety as a whole form the vital complement to ensurequalityeducation withequity.

Anotherimportant principleisthetransmissionofvalues whichencourage personal freedom, responsibility, democratic citizenship,solidarity, tolerance,equality, respect andjustice, which allformthebasisofcommunitylife.

Another important aim is the development of personality andthe affective capacities of the students. Also relevant is respectforfundamental rights and liberties, equal opportunitie s for men

and women, the recognition of affective-sexual diversity and thecritical assessment of inequalities which help to overcome sexistbehaviour. TheLawassumesthecontentoftheOrganic Law1/2004,ofDecember28thonMeasuresofIntegralProtectionagainstGenderViolence.

Likewise, the law proposes the exercise of tolerance andfreedom within the democratic principles of co-existence andthe prevention of conflicts and peaceful conflict resolution.

Equally, it emphasises the importanceofpreparing students tobecitizensand toparticipate ineconomic,socialandcultural life,withacriticaland responsible attitude. Thecomplete account ofaimsandprincipleswill ensure thatalleducationalactivityissetonafirmbase.

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Preamble

AccordingtothegoverningprinciplesoftheLaw, educationisregardedascontinuous life-long learning.Consequently, allcitizens

must have access to education both from within and outsidethe educational system, in order to acquire, update, completeand extend their capacities, knowledge,

abilities, aptitudes and competences forpersonal and professional development. The Law givessuchgreatimportance to the idea of continuous learning that it dedicates aspecific chapter to it in the Preliminary Title, along with theorganisation ofeducation.

InthesameTitle,the structure ofeducationis established, withthe reinstatement of infant education as a separate stage andconsolidating the other currently existing stages, in the belief thatthis structure provides the education system with a solid basefordevelopment. Basic education is also regulated and, underthe Constitution, iscompulsoryandfree ofchargeforallchildren ofboth sexes, for a period of ten years, consisting of primaryeducation and compulsory secondary education. Meeting the

needs of diversity is established as a fundamental principle whichmust apply to all basic education in order to provide all childrenwithaneducationadapted totheircharacteristicsandneeds.

Thedefinitionand organisationofthe curriculumformsoneofthecentralelementsofthe educationsystem.ThePreliminaryTitlededicatesa chapter to this issue, and establishes the components and thedistributionofcompetencesin the definitionand development process.

Theinclusionofthe basiccompetencesin the curriculumcomponentsisof particular interest and should lead to a more precise definition ofthe education and training students should receive. In order toensure general educational standards and guarantee thestandardisation of qualifications, the Government is responsible forsetting the targetsand establishing the basic competences, contents,and assessment criteria with regards to the basic aspects of thecurriculum, which constitute the core curriculum. The EducationAdministrations are responsible forestablishing the curriculum for

the different areas of education. Furthermore, there is referenceto the possibilityof establishing mixed curricula which combine theSpanish education system and othereducationsystems, leading tothe respectivequalifications.

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Preamble

Finally, the Preliminary Title deals with territorial cooperationandcollaborationbetweenAdministrations.Itaims,ontheone hand,

toimprovetheefficiency ofeducationalresources and, ontheother,to achieve the general objectives, encourage the knowledgeand appreciation of cultural and linguistic diversity of thedifferent Autonomous Communities and contribute to solidarityamong them and to the national equilibrium by redressinginequalities. In addition, the necessary educational resources aremade available to students to ensure the accomplishment of theaims established in the Law and the constant improvement ofeducation inSpain.

In Title I the organisation and stages of educationare established. Infant education is conceived as a separate stagedivided into two cycles which both respond to an educationalpurpose, requiring schools to have specific pedagogic objectivesfrom the first cycle. In the second cycle there willbe initialcontactwithreadingand writing skills, reasoning and mathematical skills, aforeign language, the use of information and communication

technologies and knowledge of different artistic forms. PublicAuthoritiesare urged to gradually supply sufficient places in thefirst cycle and there is provision for the establishment ofagreements with private centres which guarantee the cost-freestatusofthe second cycle.

Primaryandsecondaryeducationare ofacompulsory nature.Inprimaryeducation theemphasis isoncatering fordiversity and

on preventing learning difficulties, dealing with these as soonas they are detected. One of the innovations of the Law isthe incorporatio n of a diagnostic assessment of studentsbasic competences at the end of the second cycle of primaryeducation. This assessment will be of a formative nature andwill provide information about the situation of the students,the teaching institution and the education system itself,encouraging the adoptio n of relevant measures to overcomepossible shortcomings.

Asimilarevaluation willtake place attheendofthe second yearofsecondary education. In order to facilitate the transition fromprimary to secondary education, students will receive apersonal report of their progress on finishing primary educationandstarting secondary school.

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Preamble

Compulsorysecondaryeducation must combine theprincipleofcore educationforallwithcateringforstudentdiversity, allowing

schools to adopt organisational and curricula-related measuressuited to the needs of their students in a flexibleandautonomousway. In order to achieve these objectives, the first three years ofsecondary educationare ofacommon nature and include remedialprogrammes for those students who require them. The fourth yearis designed to guide students, be it towards post-compulsoryeducation or towards incorporation intoworking life.Inthe firsttwoyears, there is a limit on the maximum number of subjects studiedandthere isthepossibilityof reducing the number of teachers who teach the same groupofstudents. There willbemore flexibility inthe final yearcombiningcore subjects and optional subjects, offering students morechoice depending ontheirfuture aspirationsandinterests.

From the third year of secondary education there will bevariationsofthe curriculum tocaterforstudents withspeciallearningdifficulties.Inaddition, inordertoprevent students dropping outof

school and to offer more training opportunities and subsequentqualifications and facilitate access to the workplace, there willbe initial vocational training programmes forstudents over sixteenwho have not obtained the Certificate in CompulsorySecondary Education.

Bachillerato consists of two years study and offers threedifferent modalities, organised in a flexible way into different

routes whereby students are free to choose modality subjects andoptional subjects. Students who pass all subjects will obtain theBachillerCertificateand canthenentertheemployment market, enrolonahigher level courseofvocational training, or pursue furtheracademic studies. To enter university, they will need to pass acommon university entrance test, which isopentoanyonewhoholdstheBachillerCertificate.

Withregards to the curriculum, oneof the innovations of the

Law is the priority given to the subject of Citizenship and theintroductionofnew contentsrelatingtothisareaofthe curriculum.Thesubjectwillbetaughtunderdifferentdenominations,accordingto the contents and age of the students, during some yearsof

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Preamble

primary education, compulsory secondary education andbachillerato . Thepurposeof this curriculum subject is toprovidea

space for reflection, analysis and study of the fundamental natureand functioning of a democracy, of the principles and rightsestablished in the Spanish constitution and in the treaties anduniversal declarations of human rights, as well as the corevalues which form the basis of democratic citizenship in a globalcontext. The subject, whose contents should in no way beregarded as an alternative or substitute for religious education, isin line with the democratic practice which should inspire thewhole of school life and which should be developed as part ofthe education in values which crosses the whole curriculum.Citizenship encourages the study of certain aspects related tocommunity life and contributes to the shaping of societys futurecitizens.

Vocational training (formacin profesional)consistsofa rangeoftraining courses at an intermediate and higher level whichare designed to provide students with the qualifications to carry

out different professions, give them access to employment andprepare themforactiveparticipation insocial,culturalandeconomiclife.The Lawintroduces greaterflexibility both inaccesstoandintherelation between the various subsystems of vocational training.In order to increase the flexibility of the education system andencourage continuous training, various links are establishedbetween general educationandvocationaltraining.

Arts education, which had not been revised since 1990,deservesaspecialmention. Itspurposeistoprovidequalitytrainingin arts. The Law regulates, on the one hand, professionalartistic training, which includesmusicand dance atan intermediatelevel, as well as plastic arts and design at intermediate and higherlevels. In addition, it establishes the so-called higher Artseducation, which groups together higher studies in music anddance, dramatic art, the conservation and restoration of culturalgoods and higher studies in plastic arts and design. All the latter

areasare consideredtobehigher education and are organisedaccording to the corresponding requirements. This will involvecertain peculiarities regarding the curriculum and the institutionswhich teach it.

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TheLawalsoregulates theteachingoflanguages which willbecarried out by the Official Language Schools and adapted to

the levels recommended by the Council of Europe. Sportseducation is also,forthefirsttime,regulated bytheLaw.

Finally, Title I devotes special attention to adult education,aimed at providing all citizens with the opportunity to acquire,update,complete orextend theirknowledge andskills forpersonaland professional development. The Law regulates the teachingconditions which lead to official qualifications and establishes aflexible,open framework forothertypes oflearning.Italsooffersthechancetovalidate experience acquiredfromotherroutes.

In order to guarantee equity, Title IIdeals with students withspecial needs and establishes the resources required to cater forthem to ensure their full integration. The Title covers moreprecisely the educational approach towards students who requirecertain support and special attention as a result of socialcircumstances, physical, mental or sensory disability or who

show serious behavioural problems. Over the last decades, theSpanish education system has made significant advances in thisarea and must continue to make further inroads. Other groupsrequiring special treatment are gifted students and students whohavejoinedtheSpanisheducation systematanolderage.

The appropriate educational response to all students is based

on the principle of inclusion, in the belief that only in this waycan the developmen tofall students beguaranteed, theprincipleofequity be promoted and greater social cohesion be achieved.Meetingtheneedsofdiversity isarequirementthatcoversallthestagesofeducationandall students. Inotherwords, we shouldregardthe diversity ofstudentsasaprinciple,notasameasure which correspondstotheneedsofafew.

The Law also aims to address inequalities throughspecific programmes developed in schools or in geographicalareas where remedial teaching is required, and through study grantsand subsidiesaimed at guaranteeing the right to education tostudents from disadvantaged socioeconomic backgrounds. Theschoolingprogrammein

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Preamble

public or publicly-funded privateschoolsmustguarantee the adequate,equaldistributionofstudents with specialneedsamong the schools.

Title III of the Law is dedicated to the teachingprofession. Priority is given to initial and in-service training whichmust both be revised over the coming years in the context of thenew European higher education area and in order to respond tothe requirements and demands of the education system. Apartfrom the relevant subject study, initial training must includepedagogic and didactic training, andtutoring andappraisalofnew

teachersbyexperienced

staff.

In addition,

this Title

refersto

theimprovement of teachers working conditions and to increasingthe recognition, support and professionalstatusofteachers.

Title IV refers to schools, their typolog y, the legalframework andtheprogramming ofnetworksofschools,consideringeducation as apublicservice.Furthermore, the Law establishes thepossibility that owners of private schools define theircharacteristics, while respecting the constitutional framework.

Private schools which offerfree ofchargeeducationcouldbecomepublicly-funded, iftheyfulfil therelevant requirements established inthisTitle.

TheLawregardsparticipation asabasicvaluefor theformingof autonomous, free, responsible, committed citizens and for thisreason the Education Administrations will guarantee theparticipation of the education community in the organisation,

management, running and evaluation of schools, as establishedunder Title V. Special attention is paid to the autonomy ofschools both in pedagogical matters, through the drawing upof education projects, and in the management of financesand resources and organisational and running procedures. TheLaw grants a more prominent role to the collegiate schoolgoverning bodies: the School Council, the Teachers Council andthe teacher coordination bodies. It also defines theresponsibilities of school management, selection procedures for

schoolheadsandrecognition ofthe headsfunction.

TitleVI isdedicated to theevaluationof theeducationsystem,which is considered a fundamental element for the improvement of

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Preamble

education and theincreaseoftransparencyintheeducationsystem.Theimportancegiven toevaluation is made clear in the treatmentof the

different areas where it is applied: student learning processes,headships, school management, inspection, the EducationAdministrations. The general evaluation of the education system isattributed to the Institute of Evaluation, which will work incollaboration with the corresponding bodies determined by theAutonomous Communities. In order to show accountability for therunningoftheeducationsystem,anannualreport willbepresented toParliamentsummarising the resultsof the general diagnostictests and

of other assessments, the main statistics relating to the Spanisheducation system and the most significant points in the annualreportoftheNationalSchool Council.

In Title VII education inspection is entrusted with supportingthe development of educational projects and the self-evaluationof schools and regarded as a key player in improving theeducation system.High Inspection is the responsibilityof theState.It includes establishing the functions and organisation of education

inspection andthe powers ofinspectorate.

TitleVIIIdealswiththeallocationoffinancialresourcesandtheincreaseinpublicspendingoneducationtoachievethetargetslaiddown in theLaw, thedetailsofwhich are included in theeconomicReport accompanying it. This Report includes the spendingcommitments for the period of implementation of the Law,which were increased when theBillwentthroughparliament.

The additional provisions refer to the schedule forthe application of the Law, to religious education, text booksand teaching materials and the school calendar. An important partofthe additional provisionsrelatetoteachingstaff,settingthebasesfor the statutory rules governing the function of public serviceteaching, the functions of teachers, the requirements for admissionand access to the respective professional corps, the teachingcareer and the carryingoutofinspection.

Otherprovisionsrefertothecooperationoflocal councilswithEducation Administrationsandthe possible cooperationagreements

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Preamble

which maybe established betweenthemand local government,aswellasconsultationprocedureswiththeAutonomousCommunities.

Regardingschools,currentregulationsontherequirementsforprivatebachillerato schoolsteachingnaturalandhealthsciencesandthe technology modality remain in force. The functions of theTeachersCouncil inpublicly-funded private schools are establishedand there is provision for the grouping of public schools in aparticular region, the specific denomination of the School Council,agreements with those teaching vocational training, as well asother matters relatedtopublicly-funded privateschools.

Finally, there is reference to students from overseas, victimsof terrorism and victims of gender violence, the rulesregarding students personal records, the introduction ofcredits for free provision of the second cycleof infanteducationandthefosteringofrealequalitybetween men andwomen.

Under transitory provisions, there is mention, among other

things,of the voluntary early retirementof teachers, themobility ofstate-employed teachers,thetermsofofficeofschoolmanagementbodies and headships of public schools, teacher training,the adaptation of schools for the provision of infant education,the modification of public-funding agreements and theaccess to languagelearningfortheunder16s.

There isone repealingprovision. The final provisions relate,amongotherthings,tothemodificationoftheOrganic LawontheRight to Education andof theLawofMeasures for theReformofPublic Functions, the powers granted to the State under theConstitution to pass this Law and the powers granted for itsdevelopmen tanditsconstitutional nature.

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PRELIMINARYTITLE

CHAPTERI. PRINCIPLESAND AIMS OFEDUCATION

ARTICLE1.PRINCIPLES.

The Spanisheducationsystem,setup inaccordance with the

values of the Constitution and based on the respect for the rightsand liberties recognized therein, is inspired by the followingprinciples:

a)Quality education for all students, regardless of theircondition andcircumstances.

b) Equity that guarantees equal opportunities,educational inclusion and non-discrimination and that acts as acompensatingfactorforthepersonalcultural,economicandsocial inequalities, with special emphasis on thosederived fromdisabilities.

c) The transmission and application of values thatfavour personal liberty, responsibility,

democratic citizenship, solidarity,

tolerance, equality, respect andjustice and that alsohelpto overcomeanytypeofdiscrimination.

d)The understanding of education as a continuous, life-longlearningprocess.

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Preliminary Title

e)Theflexibility toadapteducationtothe diversity ofstudentstalents, interests,expectationsandneeds,aswellas to the

changesaffecting both students and society.

f)Theeducationalandprofessionalguidanceofstudents, asanecessary way to achieve an all-round, personalizededucation, which incorporatesknowledge,skillsandvalues.

g)Theindividualeffortsandmotivation ofstudents.

h)Thejoint efforts of students, families, teachers, schools,Authorities,institutionsandsocietyatlarge.

i)Theautonomytoestablishandmodifytheorganisational andcurricularmeasureswithin the framework of the powers andresponsibilities corresponding to theState, theAutonomousCommunities, local governmentandschools.

j)The participation of the educational community in the

organisation, managementandfunctioningofschools.

k) Education for the prevention of conflicts and fortheirpeaceful resolution, as well as non-violence in allareas ofpersonal, family andsociallife.

l)Thedevelopment ofequal rightsandopportunities and thepromotion ofrealequalitybetweenwomenand men.

m)Theperceptionoftheteachersroleasanessentialfactorinthe quality of education, social status for teachers andsupport fortheirwork.

n)The encouragement and promotion of research,experimentation andeducationalinnovation.

)The evaluation of the whole education system, including

planning, organisation, teachingand learningprocessesandresults.

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ChapterI.Principlesandaimsofeducation

o)The cooperation between the State and AutonomousCommunitiesinthedefinition, applicationand evaluation of

education policies.

p)The cooperation and collaboration of the EducationAdministrations with local government in the planning andimplementation ofeducationpolicy.

ARTICLE2.AIMS.

1. The Spanish education system will focus on achievingthe following aims:

a)Thefulldevelopmentofstudentspersonalityandcapacities.

b) Education in the respect for basic rights and liberties,equal rightsandopportunitie sbetween men andwomenand equal treatment and non-discrimination for the

disabled.

c) Education in the practice of tolerance and freedom withinthe democratic principles of society and in theprevention ofconflictsand peaceful conflictresolution.

d) Education inindividualresponsibilityandpersonalmeritandeffort.

e) Education for peace, respect for human rights,community life, social cohesion, cooperation andsolidarity between nations and the acquisition of valueswhich favour respect for living things and theenvironment, especially the value of forests andsustainabledevelopment.

f)Thedevelopment ofthecapacityofstudents toregulatetheir

own learning, trust in their capacities and knowledgeand develop their creativity, personal initiative andenterprising spirit.

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Preliminary Title

g) Education in the respect for and recognition of Spainslinguistic and cultural plurality and of inter-culturality as

an enrichingfactorin society.

h) The acquisition of intellectual habits and studystrategies, scientific, technical, humanistic,

historical and artistic knowledge,together with the development of healthy habits, physicalexerciseandsport.

i)Preparationfortheexerciseofprofessional activities.

j)The capacity to communicate in the official and co-officiallanguage,where itexists,andinoneormore foreignlanguages.

k)Preparation for the exercise of citizenship, for activeparticipation in economic, social and cultural life, with acritical and responsible attitude and with the capacity toadapt to changing circumstances in a knowledge-based

society.

2. The Public Authorities will give special priority toall the factors which favour quality education and, inparticular, the qualification and training of teachers, teamworking, the provision of educational resources,

research, experimentation, innovation, thepromotion of reading and the use of libraries, autonomyregarding pedagog y, organisation and management, the role of

the school head, educational and professional guidance,inspectionand evaluation.

CHAPTER II. THE ORGANISATION OF EDUCATIONANDLIFE-LONGLEARNING

ARTICLE3.EDUCATION.

1. The education system is organised into stages, cycles,grades,coursesand levelsandensuresthetransitionbetweenthemand, when applicable, withineachofthem.

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ChapterII.Theorganisationofeducationandlife-long learning

2. Theeducationsystemconsistsofthefollowing:

a) Infant education.b)Primaryeducation.c)Compulsorysecondaryeducation.d)Bachillerato.e)Formacinprofesional(vocational training)f)Languageteaching.g)Artseducation.h)Sportseducation.i)Adult education.

j)Universityeducation.

3. Primary and compulsory secondary education constitutebasiceducation.

4. Secondary education isdivided intocompulsorysecondaryeducation and post-compulsory secondary education. Post-compulsory secondary education consists of bachillerato ,intermediate level vocational training, plastic arts and designand sportseducation.

5. Universityeducation, higher level Artseducation, vocationaltraining, plastic arts and design and sports education constitutehighereducation.

6. Language education, Arts education and sports education

willhavespecialregulations.

7. Universityeducationwillberegulatedby specific regulations.

8. Education referred to in this Article will be adapted tostudents with specific needs of educational support. Thiswill guarantee the access, continuation and progression of thesestudents throughtheeducation system.

9. To guarantee the right to education to those whocannot attendaschoolorcollegeonaregularbasis,there willbeadequate

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Preliminary Title

provision of distance learning, or, where appropriate, support andattention to specific educationalneeds.

ARTICLE4.BASICEDUCATION.

1. Basic education referred to in Article 3.3 of this Law iscompulsoryandfree foreveryone.

2. Basiceducationconsistsoftenyearsofschooling carried out

on a regular basis between the ages of six and sixteen.However, students will have the right to remain in the basiceducation system until they reach the age of eighteen, under theconditions established bythepresentLaw.

3. Without prejudice to the fact that during basiceducation students are guaranteed core education, attention todiversity will be adopted as a fundamental principle. When sorequired, the relevant organisational and curricular measures will

be adopted, under the stipulationsofthepresentLaw.

ARTICLE5.LIFE-LONGLEARNING.

1. Everyone must haveaccesstoeducationandtrainingwithinand outside the education system, in order to gain, update,complete and expand their capacities, knowledge, skills,

aptitudes and competences for professional and personaldevelopment.

2. Theeducationsystemisbasedontheprincipleofprovisionofcontinuouseducation. Tothisend,itwillprepare students tolearnby themselvesandwill facilitate the incorporation ofadults into thedifferent types of education, encouraging the combinationoflearningwithotherresponsibilitiesand activities.

3. In order to guarantee universal, continuous accessto learning, Public Authorities will identify new competencesand providethetrainingnecessaryfortheiracquisition.

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ChapterIII.Thecurriculum

4. PublicAuthoritiesare alsoresponsible forpromoting flexiblelearning programmes which provide the acquisition of basic

competences and, where appropriate, the correspondingqualifications,toyoungpeople and adults whohavedropped outoftheeducationsystemwithout anyqualifications.

5. The education system must facilitate the path for thewhole populatio n to complete post-compulsory secondaryeducation or the equivalent and Public Authorities shouldencourage this.

6. ItistheresponsibilityofPublicAuthoritiestoprovideaccessto information and guidance on continuous learning programmesand facilitateaccesstothese.

CHAPTERIII. THECURRICULUM

ARTICLE6.THECURRICULUM.

1. According to thestipulationsof thisLaw, curriculum refersto the objectives, basic competences, contents, pedagogicmethods and assessment criteria of each area ofeducation regulatedbythecurrentLaw.

2. In order to ensure continuous education and trainingand guarantee the validity of the correspondingqualifications, the Government will establish, under the

objectives, the basic competences,contents, assessment criteria, basic aspects of the curriculumwhich form the core curriculum referred to in the FirstAdditional Provision, item 2, letterc,of theOrganic Law8/1985ofJuly 3rd, RegulatoroftheRightto Education.

3. The basic contents of the core curriculum require 55%of school hours in Autonomous Communities with co-officiallanguages and65%in those without.

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Preliminary Title

4. The Education Administrationswillestablish thecurriculaforthe different types of education regulated by this Law, of which

the basic aspects highlighte d in previous paragraphs will form part.Schools will develop and complete, where relevant, the differentstages and cycles,usingtheirautonomy, asstatedinTitleV, ChapterIIofthisLaw.

5. Thequalifications corresponding totheeducationregulatedby thisLawwillbeofficially recognisedby theStateand issuedbythe Education Administrations under the conditions laid down in

the prevailing legislation and in the basic and specificregulations established forthispurpose.

6. In the context of international cooperationregarding education, the Government, inaccordance with item 4 ofthisArticle, mayestablishmixedcurricula consisting ofcontentsfromthe Spanish curriculum and from other education systems,leading to the respective qualifications.

CHAPTER IV. COOPERATIONBETWEEN EDUCATIONADMINISTRATIONS

ARTICLE7.AGREEMENTSONEDUCATIONPOLICIES.

Education Administrationsmayagree onthe establishment ofcriteriaandcommonobjectivesaimedatimprovingthequalityoftheeducation systemandguaranteeingequity. TheSectorialConferenceon Education will encourage these types ofagreementsandwillbeinformedofall those which are adopted.

ARTICLE8.COOPERATIONBETWEENADMINISTRATIONS.

1. Education Administrations and local government willcoordinate their activities, eachwithin theirareaofcompetence, in

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ChapterIV. Cooperation betweenEducationAdministrations

order toachieveamore effectiveuseof the resourcesallocated toeducation andtocontribute totheaims established inthisLaw.

2. Theeducationofferedtochildren ofcompulsoryschoolageby the Authorities and other public institutions and actionswhich have an educational purpose or consequences on theeducation of children and young people must be carried out incoordination with the corresponding Education Administrations.

3. The Autonomous Communities can agree to delegatethe management of certain education services in themunicipality orgroups ofmunicipalities formed for thepurpose, inorder to enhance efficiency, coordination and social control ofresources.

ARTICLE9.PROGRAMMESOF TERRITORIALCOOPERATION.

1. The State will promote territorial cooperation programmes

aimedat achieving generaleducationaltargets,reinforcingstudentsbasic competences, encouraging the knowledge andappreciationof the cultural and linguistic wealth of the differentAutonomous Communities,aswellascontributing to inter-territorialsolidarityand toterritorial equilibrium inredressinginequalities.

2. Theprogrammes referredtointhisArticlecanbe carried out

through agreements and pacts between the appropriate EducationAdministrations.

ARTICLE10.DISSEMINATION OF INFORMATION.

1. The Education Administrations are responsible forthe exchange of information and the dissemination of bestpractice in education and school management, in order to

contribute to improvingthequalityofeducation.

2. The Education Administrationswillprovide thenecessarydatafortheproductionbytheStateofnationaland international

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Preliminary Title

statisticsoneducation.Thesewillcontributetothemanagement,planning, monitorin g and of the education system and to

educational research. Education Administrations will also makethe data and statistics public, which will contribute tofostering transparency, good educational management andeducational research.

ARTICLE11.EDUCATIONAL PROVISIONANDRESOURCES.

1. The State will encourage measures to ensure that all

students may choose the educational options they prefer,regardlessof theirplace of residence, according to the academicrequirements laid down ineachcase.

2. In accordance with the principle of collaboration , theEducation Administrationsare responsible forfacilitatingaccesstoeducation of limited availability and to schools inneighbouring areas to students who do not have this type of

educationavailablein a nearby teaching institution or in their own AutonomousCommunity. To this end, in student admission procedures thiscircumstancewillbe taken into account.

3. With the same intention and applying the principle ofcollaboration , it is the Education Authority s responsibility tofacilitateaccessto students andteachersfromotherAutonomous

Communities to their educational installations and the use oftheirresources.

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TITLE I

THEORGANISATIONOFEDUCATION

CHAPTERI. INFANTEDUCATION

ARTICLE12.GENERALPRINCIPLES.

1. Infant education refers to thestageofeducation, with itsownidentit y,whichattendstochildrenfrombirth totheageofsix.

2. Infant educationisofa voluntary nature anditspurposeistocontribute to childrens physical, affective, social and intellectualdevelopment.

3. To respect the fundamental responsibility of parents orguardians during this stage, infant schools will cooperateclosely withthem.

ARTICLE13.OBJECTIVES.

Infant education will contribute to developing the capacitieswhich enablechildren to:

a)Getto know theirownbodyandthatofothers, tounderstanditscapabilitiesandtolearn torespect differences.

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TitleI.Theorganisationofeducation

b) Observe andexplore thefamily, naturalandsocialenvironments.

c)Gradually acquire autonomyintheirdaily activities.

d)Developtheiraffectivecapacities.

e)Relateto others andgradually acquire basicsocialskillsandthe peaceful resolutionofconflicts.

f)Developcommunicationskillsindifferentlanguagesandwaysofexpression.

g)Begin developing logical and mathematical skills, readingandwriting skills,movement,gesture andrhythm.

ARTICLE14. PLANNING ANDPEDAGOGICPRINCIPLES.

1. Infant educationisorganised intotwocycles.Thefirstcycleis

frombirth tothree andthe second fromthree tosix.

2. Theeducational nature ofeachcyclewillbedescribed bytheinfantschoolinapedagogic proposal.

3. Both cycles of infant education will cover the affectivedevelopment, mobilit y, body control habits, communication andlanguage, basic social skills and the discovery of the physicaland social nature of the environment in which they live. Theywill also encourage children to develop a positive, balanced self-image and acquire personalautonomy.

4. The educational contents of infant education willbe organised into areas corresponding to the areas of experienceand infant development and will be carried out through globalactivities which are meaningfulandinterestingforthechildren.

5. It is the responsibility of the Education Administrations toprovideinitialcontactwithaforeignlanguageinthe second cycleof

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ChapterI.Infanteducation

infant education, especially in the last year. They will alsoprovide

initial contact with reading and writing skills, introducebasic numerical skills, information and communication technology(ICT)and visualandmusicalexpression.

6. Teaching methods in both cycles will be basedon experiences, activities and play and will be carried out inan environment of affection and trust which will promote self-esteem andsocialintegration.

7. The Education Administrations will determine theeducationalcontent of the firstcycleofeducation, according to theconditions laid down in this chapter. They will also regulate therequirements that infant schools offering this cycle of infanteducation must fulfilintermsofteacher-pupil ratios,installationsandnumberofschoolplaces.

ARTICLE15.PROVISIONOF PLACESANDF R E EEDUCATION.

1. ThePublicAuthoritieswillgradually increase thenumberofplaces available in the first cycle. They will coordinate cooperationpolicies with other institutions to ensure the provision of places inthis cycle.To thiseffect, theywilldetermine theconditions in whichlocal government may come to agreements with otherAuthorities and private, non-profit-making organisations.

2. The second cycleofinfanteducationwillbefree. Inordertomeetdemand, Education Administrationswill guarantee asufficientsupply of places in public infant schools and come to agreementswith privateschools,inthecontext oftheireducationprogramme.

3. Infant schoolsmayoffer the firstcycle, the second cycleorbothcyclesofinfanteducation.

4. In accordance with what is established by theEducation Administrations,thefirstcycleofinfanteducationmaybeofferedby schools providing the whole cycle or just a part ofit. Those

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ChapterII.Primaryeducation

awareness, personal initiative, curiosity, interest andcreativity.

c)Acquire habits topreventandto resolveconflicts which willenablethemtoactautonomouslyinthedomesticand familyenvironment andintheirsocialgroups.

d) Know, understand and respect different cultures and thedifferencesbetweenpeople, equal rightsandopportunitiesof men and women and non-discrimination towards the

disabled.

e) Know and use appropriately the Castilian language and,if applicable, the co-official language of theAutonomous Communit y, anddevelop reading habits.

f)Acquire basic communicative competence in at leastone foreign language to enable

them to express and understand simple

messages and get by in everyday situations.

g)Develop basic mathematical competences and begin tosolve problems which require elemental arithmeticaloperations, geometry and calculations and be capableofapplyingthemtosituationsfromtheirdailylives.

h) Know andvaluethenatural,socialandculturalenvironments

andlearn howtocare forthem.

i)Begintouseinformationandcommunicationtechnology anddevelop criticalawarenessofthemessagessentandreceived.

j)Usedifferent artistic representationsandexpressionsandstarttocreate visualdesigns.

k)Value hygiene and health, accept ones body and that

ofothers, respect differences and use physical educationand sportasameansforpersonalandsocialdevelopment.

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l) Know andvalue theanimals which are closest tohuman lifeandlearn tolookafterthem.

m) Develop their affective capacities in all aspects ofperso- nalityand in their relations with others. Develop anattitu- de against violence, prejudices of any type andsexist stereotypes.

n)Promote road safety and attitudes of respect which willcontribute tothepreventionofroadaccidents.

ARTICLE18.ORGANISATION.

1. Primaryeducationconsistsofcyclesof twoacademicyearsandisorganised intoglobal,integratedsubjectareas.

2. Thesubjectareasofprimaryeducationare thefollowing:

Knowledgeofthenatural,socialandculturalenvironment.

Artseducation.

Physicaleducation.

Castilian languageand literature and, when applicable,thelanguageandliterature oftheco-official language.

Foreignlanguage.

Mathematics.

3. Inaddition totheabovesubjects,inoneoftheyearsofthethird cycle of primary education, citizenship and human rights willalso be taught, with special emphasis on equality between menand women.

4. Inthethirdcycleofthestage, Education Administrationsmayadda second foreignlanguage.

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ChapterII.Primaryeducation

5. The subject areas which have instrumental value for theacquisitionofotherknowledgewillreceivespecialconsideration.

6. Throughout the whole stage, the tutor will guidethe individualandcollectiveeducationalprocessofthe students.

ARTICLE19.PEDAGOGICPRINCIPLES.

1. During thisstage there willbespecialemphasisonstudent

diversity, individual attention, the prevention of learningdifficulties and in the implementation of remedial measuresas soon as difficultiesare detected.

2. Whilesomesubjectareaswilldealspecificallywith readingcomprehension, oral and written expression, audiovisualcommunication, ICTandeducation invalues,theseaspectswillalsobecoveredinallsubjectareas.

3. Some time will be dedicated daily to reading, in orderto encourage reading habits.

ARTICLE20.ASSESSMENT.

1. The assessment of students learning habits willbe continuous and global and will take into account progress

in all subjectareas.

2. Studentswillmoveuptothenextstageorcycleaslongasthey have acquired the basic competences corresponding to theirlevel ofmaturity.

3. Not withstanding the above, students who havenot reached some of the targets set for the subject areas will beableto go up to the next cycle or stage as long as this does not

prevent thembenefitin gfromthehigheryear. Inthiscase,theywillreceive thenecessaryremedialsupport.

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4. Ifastudenthasnotachievedthebasic competences, he orshe can remain another year in the same cycle. This measure can

only be adopted once during primary education and there mustbe a specific reinforcement or remedial plan for the basiccompetences.

5. Inorderto guarantee continuityin students education, eachstudent will be given a report of his or her learning, thetargets reached and the basic competences acquired,according to regulations of the Education Administrations.

TheEducation Administrations will alsoestablish the relevant coordination procedures.

ARTICLE21.DIAGNOSTICEVALUATION.

Onfinishingthe second cycleofprimaryeducation, allschoolswillcarryoutadiagnostic testofthebasic competences acquiredbythe students. This assessment, which is the responsibility of theEducation Administrations,isofaformative nature andisintended toguide schools and inform parents and the whole educationcommunity. The frame ofreferencefortheseassessmentswillbethegeneraldiagnostic evaluation established inArticle 144.1 ofthisLaw.

CHAPTER III. COMPULSORYSECONDARYEDUCATION

ARTICLE22.GENERALPRINCIPLES.

1. Compulsory secondary education consists of four yearswhich will normally take place between the ages of twelve tosixteen.

2. The purpose of compulsory secondary education is toensure that students acquire thebasiccultural elements especiallyhumanistic, artistic, scientific and technological; develop and

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ChapterIII.Compulsorysecondaryeducation

consolidate study and work habits; prepare for their incorporationintohighereducationorthelabourmarket andeducatetheminthe

exerciseoftheirrightsandobligationsintheirlifeascitizens.

3. Duringcompulsorysecondaryeducation,specialattentionwillbepaidtotheeducationalandprofessionalguidanceofthe students.

4. Compulsory secondary education will be organisedaccording to the principles of core education and attention tostudent diversity. Itisthe Education Administrations responsibilitytoregulate the organisational and curricular measures adopted tocater for diversity, which will allow schools flexibilit y, within theexerciseoftheirautonomy.

5. Among themeasuresmentioned above,are theadaptationof the curriculum, the integration of subjects into differentfields, streaming, dividing groups into two, optional subjects,remedial and personalised programmes for students withspecific needs ofeducationalsupport.

6. In the framework of items 4 and 5, schools will havethe autonomy toorganisegroups andsubjects ina flexiblewayandadopt measurestocaterfordiversity appropriatetothe nature ofthestudents.

7. Themeasuresadopted byschools tocater fordiversity willbe focused on ensuring that all students reach the targets set

forcompulsory secondary education and willnot, under any circumstances, representdiscrimination which prevents achieving the targets andcorresponding qualification.

ARTICLE23.OBJECTIVES.

Compulsorysecondaryeducationwillcontribute todeveloping

capacitiesinthe students which enablethemto:

a)Accept their responsibilities, know andexercise their rightsrespecting others, showtolerance,cooperationandsolidarity

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amongpeople andgroups, practisedialogue,adopt humanrightsascommonvaluesofapluralsocietyandprepare to

takepartindemocratic citizenship.

b)Developandconsolidate habits ofdiscipline, study and workboth individuallyandinagroup,asanecessarycondition fortheeffectiveperformanceof learning tasksandameansofpersonaldevelopment.

c)Valueand respect gender differences and equal rights and

opportunities. Reject stereotypes which lead todiscriminationbetween men andwomen.

d) Strengthen affective capacities in all areas of theirpersonality and in their relations with others. Rejectviolence, prejudice of any type, sexist behaviour andresolve conflicts in a peaceful manner.

e)Develop basic

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