Legal system - Spain

The legislative framework governing and guiding the Spanish education system comprises the Spanish Constitution (1978), the Organic Act on the Right to Education (LODE, 1978) and the Organic Law of Education 2/2006, 3rd May (Ley Orgánica de Educación LOE 2006) which develops the principles and rights established in it.

The Spanish Constitution recognises the right to education as one of the essential rights that public powers must guarantee to every citizen.
 
The Organic Law of Education offers (at national level) the legal framework to provide and assure the right to education (The Autonomous  communities will be able to regulate the adaptation of this Law to their territories).

“The Spanish education system, set up in accordance with the values of the Constitution and based on the respect for the rights and liberties recognized therein, is inspired by the following principles:
a) Quality education for all students, regardless of their condition and circumstances.
b) Equity that guarantees equal opportunities, educational inclusion and non-discrimination and that acts as a compensating factor for the personal cultural, economic and social inequalities, with special emphasis on those derived from disabilities.
c) The transmission and application of values that favour personal liberty, responsibility, democratic citizenship, solidarity, tolerance, equality, respect and justice and that also help to overcome any type of discrimination.”
Organic Law of Education 2/2006, 3rd May. Preliminary Title Chapter I. Principles and Aims of Education. Article 1. Principles.

The State is responsible for education and for offering all pupils cost-free and compulsory education until 16 years of age. The Ministry of Education, Social Policy and Sport has the responsibility 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 person or legal entity of a private nature. Publicly-funded private schools are private schools which are under the system of legally-established agreements. The provision of the public education service is carried out in public and publicly-funded private schools. Schools have got pedagogic, organisational and management autonomy within the current legislation. They have the autonomy to draw up, approve and execute an education project and a management project, as well as the organisational and running procedures of the school.

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

Royal Decree 696/1995, of 28 April, arranges the education of pupils with special educational needs and establishes the conditions for educational provision for this population. These pupils are educated at mainstream schools and under mainstream curricula; only when it is objectively established that the needs of the above pupils cannot be properly met at a mainstream school, is a proposal made for them to be educated at special schools

The different stages constituting the Spanish education system are:

1. Preschool education (0-3 years): on a voluntary basis for families where the purpose is to give educational assistance and attention to early childhood education.
2. Infant education (3-6 years): is voluntary, cost-free and constitutes the first level of School Education. It is organised into a single three-year cycle.
3. Compulsory Education

The basic, compulsory, and free of charge education comprises Primary Education and Compulsory Secondary Education, from 6 to 16 years. It lasts for ten years and is divided into two educational levels:

1. Primary education (6-12 years): comprises six academic years and is organised into three, two-year cycles. It is compulsory and cost-free.
2. Secondary education comprises Compulsory Secondary Education (ESO), Bachillerato and Intermediate Specific Vocational Training:

• Compulsory Secondary Education (12-16 years): covers ages 12 to 16 and comprises four academic years organised into two, two-year cycles. When passing these two cycles, the pupils receive the Compulsory Secondary Education certificate. It is compulsory and cost free.
• Bachillerato: is a two-year non-compulsory education level, which complements Compulsory Secondary Education. The Secondary Education Certificate is a prerequisite for entering Baccalaureate. The theoretical ages for commencement and completion are 16 and 18, respectively
• Specific Vocational Training: is a non-compulsory education level and its purpose is to prepare 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 affecting their trade, which may take place during their working lives.