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Royal Decree 132/2010 Of 12 February, By Which Establish The Minimum Requirements Of The Centers That Impart The Teachings Of The Second Cycle Of Pre-School Education, Primary Education And Secondary Education.

Original Language Title: Real Decreto 132/2010, de 12 de febrero, por el que se establecen los requisitos mínimos de los centros que impartan las enseñanzas del segundo ciclo de la educación infantil, la educación primaria y la educación secundaria.

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The Organic Law 8/1985 of 3 July, which regulates the law of education, establishes in Article 14 that all schools, regardless of their ownership, must meet minimum requirements regarding academic qualification of teachers, number of students-teacher ratio, teaching and sports facilities, and number of school positions, to teach with quality assurance. For its part, Article 23 of the same law conditions the opening and operation of private educational establishments to the principle of administrative authorisation which shall be granted provided that they meet the minimum requirements laid down.

Organic Law 2/2006, of 3 May, of Education, includes innovations in the distribution of normative competences in the first cycle of childhood education, as well as in the organization of official teachings, which affect, between others, to new subjects and to the curricula of the various educational stages. It is therefore necessary to review the basic rules governing the minimum requirements to be met by the teaching centres which provide them, and in particular Royal Decree 1004/1991 of 14 June laying down the minimum requirements for the centres which provide teaching of general non-university status, which is effective as a result of the judgment of the Supreme Court, which annulled Royal Decree 1537/2003 of 5 December, laying down the conditions for the Minimum standards for schools providing general school teaching. In this sense, the basic regulation on the requirements of teaching centres which provide education in the Organic Law of Education should constitute the common denominator guaranteeing the provision of the educational service in quality and equality conditions to satisfy the constitutional right to education.

In addition to the express rating of the Government to regulate the minimum requirements of the educational institutions contained in Article 14 of the Law of the Organic Law 8/1985, the Law on Education, the regulatory status of the This is justified by an essential complement to educational legislation, as well as a supplement necessary to achieve the common denominator pursued by the basic state legislation, since a regulatory standard is the appropriate instrument given the technical nature of the regulation concerning the academic qualification of the teacher, student-teacher ratio, and teacher and sports facilities in the schools.

On the other hand, Law 17/2009 of 23 November on the free access to and pursuit of the activities of services affects the requirements for the provision of educational services of general economic interest, in such requirements must be regulated, clear and unambiguous, objective and impartial, transparent, proportionate to the objective of general interest and be made known in advance. In this sense, the regulation of the technical aspects related to the requirements to be met by the teaching facilities to the requirements of the Royal Decree 314/2006, of March 17, for which the Technical Code of Building, where technical standards are laid down for structural safety, safety of use, safety, protection against noise, energy saving and safety in the event of fire, setting, among other requirements, an occupancy of 2 square meters per person in children's classrooms, 1.5 square meters per person in the rest of the classrooms, and 5 square meters per person in the different spaces to the classrooms like laboratories, workshops, gyms, drawing rooms, etc.

For the elaboration of this royal decree, the autonomous communities have been consulted within the Sectoral Education Conference and the prior report of the State School Council has been obtained.

In its virtue, on the proposal of the Minister of Education, in agreement with the Council of State, and after deliberation of the Council of Ministers at its meeting on February 12, 2010,

DISPONGO:

TITLE I

General character provisions

Article 1. Object.

1. This royal decree aims to establish the minimum requirements for teaching centres to deliver second-cycle education, primary education, compulsory secondary education, baccalaureate and training. professional. The minimum requirements will relate to the academic qualification of teachers, the number of students-teacher ratio, the teaching and sports facilities and the number of school positions.

2. Likewise, this royal decree establishes the minimum requirements for academic qualification of teachers in the first cycle of childhood education.

Article 2. Denomination of the teaching centers.

The teachers ' centres will have the generic name set out in Articles 111 and 114 of the Organic Law 2/2006, of 3 May, of Education.

Article 3. Facility requirements common to all centers.

1. All educational institutions which provide the teaching of second-cycle children's education, primary education, compulsory secondary education, baccalaureate and vocational training shall comply with the provisions of the Organic Law 8/1985 of 3 In July, the Law on Education, the Law of Education, and the Law of Education and the rules that develop them, as well as the provisions of Royal Decree 314/2006, of March 17, approved the Technical Code of Publishing.

2. The educational establishments referred to in the preceding paragraph shall, at least, comply with the following requirements relating to installations:

(a) To be located in separate buildings, intended exclusively for school use, but their facilities may be used outside school hours for other activities of an educational, cultural or sports. In the case of educational institutions that provide the second cycle of child education, they will also have independent access to other facilities.

b) Reunite the conditions of structural safety, safety in the event of fire, safety of use, safety, protection against noise and energy saving that the legislation in force points out. They shall also comply with the labour protection requirements laid down in the legislation in force.

c) Having, in the spaces in which the teaching practice is developed, ventilation and natural and direct lighting from the outside.

d) Dispose of the conditions for accessibility and removal of barriers required by legislation on the basic conditions of universal accessibility and non-discrimination of persons with disabilities, without prejudice to reasonable adjustments to be made.

e) Dispose at least the following spaces and facilities:

Address issues, coordination activities, and guidance.

Spaces for administration.

Teacher room appropriate to the number of teachers.

Appropriate spaces for the meetings of the students ' associations and of the mothers and parents of students, in the case of centers supported by public funds.

Sanitary and sanitary toilets and services appropriate to the number of school positions, the needs of students and the educational staff of the centre, as well as toilets and hygiene-sanitary services adapted for people with disability in the number, proportion and conditions of functional use that the applicable legislation on accessibility provides.

Spaces needed to provide support to students with specific needs for educational support.

3. Teaching centres that provide primary education, compulsory secondary education and/or baccalaureate must also have:

A playground, partially covered, susceptible to being used as a polideportive track, with an adequate surface to the number of school positions. In no case will it be less than 900 square meters.

Library, with at least 45 square meters of floor space in the centers that provide primary education, and 75 square meters in centers that provide compulsory secondary education or high school.

A gym with an adequate surface to the number of school positions.

All spaces in which teaching actions are developed, as well as the library, will have access to information technologies and communication in quantity and quality appropriate to the number of school positions, ensuring accessibility to the digital environments of students with different skills.

4. The requirements for installations may be relaxed in accordance with the provisions of Article 20 and the third provision of this royal decree.

Article 4. School posts.

1. The number of school posts in the centres shall be set out in the relevant provisions authorising their opening and operation, taking into account the maximum number of pupils per school unit and the total number of units authorized according to the facilities and material conditions established in this royal decree.

2. For the purposes of this royal decree, the number of school posts shall mean the number of pupils which a centre may attend at the same time, in such a way as to ensure the conditions of quality required for the delivery of the teaching.

TITLE II

Children's education centers

Article 5. General conditions.

1. The centres will be able to offer the first cycle of this educational stage, the second, or both.

2. The centres offering the first cycle of child education shall be governed by the provisions of the specific regulation established by the competent educational administration, in accordance with Article 14.7 of the Organic Law on Education, to the number of students-teacher, to the facilities and the number of school positions.

Article 6. Facilities and material conditions of the centres offering the second cycle of early childhood education.

1. The centres offering the second cycle of child education shall have a minimum of three units, without prejudice to the provisions of the third provision of this royal decree.

2. These centres shall have at least the following facilities and material conditions:

(a) A classroom for each unit with an adequate area to the number of authorized school positions and in any case, with a minimum of 2 square meters per school post.

b) A multipurpose room of 30 square meters.

(c) A playground, for the exclusive use of the centre, with an area suitable for the number of school posts authorised and never less than 150 square metres for every six units or fraction, with time of use differentiated in the event that students are escorted from other educational stages.

Article 7. Student relationship per unit.

The schools offering the second cycle of early childhood education will have at most 25 students per school unit.

Article 8. Qualifications requirements for professionals who attend to early childhood education.

1. Educational care in the first cycle of child education shall be carried out by professionals who hold the degree of qualification that they enable for the exercise of the profession of teacher of child education, the title of Master with the specialty of Children's education, or the title of Higher Technician in Child Education regulated in Royal Decree 1394/2007, of October 29.

2. Educational administrations shall ensure the presence in the centres referred to in the previous paragraph of the required number of graduates in the title which they enable for the exercise of the profession of teacher of child education, or of teachers with the specialty in child education to ensure the elaboration, monitoring and evaluation of the pedagogical proposal referred to in Article 14.2 of the Organic Law 2/2006, of May 3, of education.

3. The second cycle of child education will be carried out by professionals who hold the degree of degree in child education, or the title of Master with the specialty of early childhood education. Where the teaching is required, the group may be attended by teachers of other specialties.

4. Schools offering the second cycle of early childhood education should have at least one child education graduate or one child education specialist for each unit.

5. The centres in which the first and second cycles are delivered shall have the qualified staff referred to in this Article of this royal decree.

6. Children's education centres which will escort children who have a specific need for educational support will, where appropriate, have the human resources and support materials to be determined by the competent educational administration, necessary for ensure the correct attention of this student.

The human resources referred to in the preceding paragraph must have the appropriate qualification or qualification.

TITLE III

From primary education centers

Article 9. General conditions.

Primary education institutions shall have at least one unit for each course, except as provided for in the third provision of this royal decree.

Article 10. Facilities and material conditions of the centres.

Primary education institutions must have at least the following facilities and material conditions:

(a) A classroom for each unit with an adequate area to the number of school pupils authorised and in any case, with a minimum of 1.5 square metres per school post.

b) A space for every six units for group defolding and one for support activities and pedagogical reinforcement.

(c) A multi-purpose room, with an adequate surface area for the number of authorised school positions, which may be shared with mobile screens.

Article 11. Pupil ratio per unit.

Primary education centres will have at most 25 pupils per school unit.

Article 12. Academic qualification requirements for teachers teaching primary education.

1. Primary education institutions shall have at least one teacher per group of pupils and shall ensure, in any case, the existence of graduates in primary education or teachers with the appropriate qualifications to teach the education of the pupils. music, physical education and foreign languages.

2. In addition to the teaching staff set out in the previous paragraphs, primary education institutions that will escort children with specific need for educational support will, where appropriate, have the human resources and support materials available. determine the competent educational administration, necessary to ensure the correct care of this student.

The human resources referred to in the preceding paragraph must have the appropriate qualification or qualification.

TITLE IV

From secondary education centers

Article 13. General conditions.

1. Secondary education, compulsory secondary education and vocational training may be taught in secondary schools.

2. In secondary education institutions which offer the teaching of compulsory secondary education, the four courses in which this educational stage is subject to the academic organisation in force must be taught. Such centres shall have at least one unit for each course and have the facilities and material conditions set out in the following

.

3. The secondary education institutions in which the baccalaureate is provided shall offer at least two of the procedures laid down in Article 34.1 of the Organic Law 2/2006 of 3 May of Education. In this respect, they will be understood to provide the mode of arts when they offer at least one of the routes provided for in Article 5.3 of Royal Decree 1467/2007 of 2 November 2007 establishing the structure of the baccalaureate and fixing its minimum teachings.

4. The above requirement shall not apply to secondary education institutions in which the two paths of the arts modality are provided.

5. The teaching centres providing vocational training qualifications will be subject to the minimum requirements laid down by this royal decree, as well as those laid down in Royal Decree 1538/2006 of 15 December establishing the general management of the vocational training of the education system, and the rules governing the qualifications of the technical and professional qualifications of the vocational training.

Article 14. Facilities and material conditions of the centres providing compulsory secondary education.

The centres where compulsory secondary education is provided shall have at least the following facilities:

(a) A classroom for each unit with an adequate area to the number of school pupils authorised and in any case, with a minimum of 1.5 square metres per school post.

b) For every 12 units or fraction, a classroom workshop for technologies and two classrooms for activities related to music and visual and visual education respectively.

c) At least one Experimental Science laboratory for every 12 units or fraction.

d) One space per eight units for group and other defolding units for support activities and pedagogical reinforcement.

Article 15. Facilities and material conditions of the high school institutions.

1. The centres where the baccalaureate is delivered must have at least one classroom for each unit with an adequate area to the number of pupils in school and in any case, with a minimum of 1.5 square metres per school post.

2. One space for each four units for group defolding and one for support activities and pedagogical reinforcement.

3. Depending on the modalities of the baccalaureate, the centres must also have the following facilities:

a) For arts mode:

Two differentiated classrooms equipped with the appropriate facilities for teaching the subject matter when the plastic arts, image and design are delivered.

A music classroom when the performing arts, music and dance path is delivered.

b) For Science and Technology mode:

Three distinct laboratories of Physics, Chemistry and Sciences.

A drawing room.

A Technology Classroom.

Article 16. Pupil ratio per unit.

Secondary schools will have at most 30 pupils per school unit in compulsory secondary education and 35 in high school.

Article 17. Professionals who attend compulsory secondary education and baccalaureate.

1. In order to teach the teaching of compulsory secondary education and baccalaureate it will be necessary to have the degree Graduated, Licensed, Engineer or Architect, in addition to the Master that enables for the exercise of the professions of teacher of education compulsory secondary education, baccalaureate, vocational training and language teaching.

2. Teachers in secondary education shall also be required to accredit the specific qualification for the provision of the respective areas and subjects.

Article 18. Minimum number of teachers in schools offering compulsory secondary education and baccalaureate.

1. The minimum number of teachers in secondary education institutions shall be the minimum number of teachers required to cover the timetable set out in the various approved programmes and curricula.

2. Schools that will escort students with specific need for educational support will also have the staff to be determined by the competent educational administration. This staff must be in possession of the appropriate qualification or qualification.

Article 19. Requirements for institutions offering the Initial Professional Qualification Programmes.

1. The provision of the specific modules referred to in Article 30.3 (a) and (b) of the Organic Law on Education will require the provision of the spaces and facilities for each of them to be determined by the Education Administration. competent.

2. The provision of the voluntary modules referred to in Article 30.3 (c) of the Organic Law on Education shall require at least the same requirements as are required for the authorisation of adult training centres which provide the compulsory secondary education.

Article 20. Relaxation of facilities requirements for teaching centers that teach different teachings in the same building or school grounds.

1. In the case of centres located in the same building or school grounds, the playground and the multi-purpose room of the primary education centres cover the corresponding requirements of the child education centres, provided it is guaranteed, for children's education students the use of such an independent time dependency, except in the case of centres which group pupils from different stages in the same units.

In addition, the management office, the spaces for the administration and the teachers ' room of the primary education centers meet the requirements of these facilities in children's education.

2. In the case of primary education and compulsory secondary education institutions located in the same building or school premises, the following common facilities shall be considered:

a) The library.

b) The gym.

c) The playground.

d) The management offices, the spaces for administration and the teachers ' room.

e) In the centres with up to twelve primary education units and up to eight compulsory secondary education units, the classroom workshop for technologies and music and visual and visual education classrooms cover the demand for Multi-purpose primary education room.

3. In the case of centres providing compulsory secondary education and baccalaureate, they must meet the conditions specified in Articles 14 and 15 of this royal decree, with the following provisos:

(a) The gymnasium, the library, the playground, the spaces for administration, the offices and the teachers ' room will be considered common facilities.

(b) One of the differentiated classrooms referred to in Article 15.2 (a) for the teaching of the high school subjects of the art form, in the plastic arts, image and design, covers the requirement of the The drawing room of science and technology modality and vice versa. It also covers the requirement of the plastic and visual education classroom for compulsory secondary education.

c) The music classroom for the high school of performing arts, music and dance covers the demand of the music classroom for compulsory secondary education.

d) The laboratories for the baccalaureate of science and technology modality cover the requirement of the laboratory of experimental sciences for compulsory secondary education. Similarly, the high school technology classroom covers the requirement of the classroom of technologies for compulsory secondary education.

4. Human resources and common facilities may be available in schools providing compulsory secondary education or baccalaureate and vocational training. For these purposes, common facilities are considered to be used for similar uses according to the time of use of the respective spaces, provided for each of the teachings.

Additional disposition first. Centers that offer adult education.

1. Centres set up or approved under this royal decree may be authorised to provide the relevant teaching to adult persons, in accordance with the programmes to be established, if this is not the case. (a) to the lessons learned by pupils in school, especially in terms of their schedule.

2. The specific schools of adult education that provide compulsory secondary education and/or the baccalaureate are governed by the provisions of this royal decree regarding the facilities and qualifications of teachers. The facilities requirements shall be in line with the specific organisation of adult learning.

Additional provision second. Special education centers.

The competent educational administrations will adapt the provisions of this royal decree to the special education centres which offer teaching aimed at students with special educational needs who cannot be cared for in the framework of measures to address diversity in the ordinary centres.

Additional provision third. Centers that cater to populations of special sociodemographic characteristics.

1. Children's education and primary education centres which tend to special populations of socio-demographic or school characteristics are exempted from the requirements laid down in Articles 6.1 and 9 of this royal decree, as regards the number of units with which the centers must be counted.

2. For these centres, the school unit shall be the group of pupils attended jointly and simultaneously by a teacher in an ordinary manner, regardless of the level to which they belong.

3. For the purposes set out in this provision, the competent educational authorities shall comply with the requirements set out in Titles II and III of this royal decree to the special characteristics and dimensions of these centres.

Additional provision fourth. Teaching centres recognised by international agreements.

The requirements of educational institutions whose specific character is recognised by international agreements of a bilateral nature may be adapted by the Ministry of Education.

Additional provision fifth. Centers hosted by the concert regime.

The provisions of this royal decree on the maximum number of pupils per school unit should be without prejudice to the obligation of the centres which have received the educational concert scheme to have the an average pupil/teacher ratio per school unit not less than that determined by the educational administration, taking into account the existing one for the public centres of the region, municipality, or, where appropriate, the district in which the center.

Additional provision sixth. Registration in Registration.

Public centres and approved private centres will be registered in a public register dependent on the competent educational administration, which must transfer the registered seats to the Ministry of Education, in the a maximum period of one month, in accordance with Article 13 of the Organic Law on the Law on Education, developed by Royal Decree 276/2003 of 7 March, which regulates the state register of non-university teaching centres.

Additional provision seventh. Institutions subject to common law.

In application of the provisions of Article 24.1 of the Organic Law 8/1985 of 3 July, regulating the Right to Education, private centers that provide teaching that are not regulated in the Organic Law 2/2006, 3 of May, for the purposes of this Directive, the Commission shall, in accordance with Article 1 (2) of Regulation (EC) No No 17 of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament, those.

Additional disposition octave. Professionals enabled.

1. The professionals who, at the date of entry into force of this royal decree, would have been enabled for the teaching of child education, in both cycles, of primary education, of compulsory secondary education, of the baccalaureate, and of the professional training shall maintain such enablement.

2. Also, from the entry into force of this decree, no enabling procedures can be initiated for professionals who lack the appropriate initial training.

Additional provision ninth. Generic references.

All references for which in this royal decree the generic male form is used, must be understood to be applicable, interchangeably, to women and men.

First transient disposition. Requests for authorization from new centers.

1. The educational institutions authorized prior to the entry into force of this royal decree are understood to be authorized for the imparting of the corresponding teachings.

2. Applications for authorisation of new centres submitted after the entry into force of this royal decree shall comply with the minimum requirements laid down here.

3. The centres which at the entry into force of this royal decree have approved by the educational administration the project of works required for the authorization of the same, will be governed, in the related to the installations, to the regulations in force in the time to perform such approval.

Second transient disposition. Accreditation of the qualification for teaching.

The educational administrations shall proceed within two years from the entry into force of this royal decree, to the express accreditation of the fulfilment of the requirements referred to in the first paragraph of the provision additional octave.

Transitional provision third. Validity of Royal Decree 1004/1991 of 14 June, laying down minimum requirements for institutions providing general non-university education.

Without prejudice to the provisions of the Single Derogation Provision, the provisions of Articles 10 and 13 of Royal Decree 1004/1991 of 14 June 1991 laying down the minimum requirements for centres to be provided In the case of non-university general schemes, as regards the minimum requirements for facilities and ratios of the educational establishments which provide the first cycle of early childhood education, it will be applicable as long as the They do not regulate this in their field of competence.

Single repeal provision. Regulatory repeal.

1. The entry into force of this royal decree will be repealed by Royal Decree 1004/1991 of 14 June establishing the minimum requirements of the centres which provide teaching of general non-university status, according to the established in the third transitional provision of this royal decree.

2. All provisions of equal or lower rank are repealed as opposed to the provisions of this royal decree.

Final disposition first. Competence title.

This royal decree is of a basic standard and is dictated by the provisions of Article 149.1.1. on the regulation of basic conditions that guarantee the equality of all Spaniards in the exercise of rights and in the fulfilment of the constitutional duties and the 30th of the Constitution that attributes to the State the competence to dictate basic norms for the development of article 27 of the Constitution, in order to guarantee the fulfillment of the obligations of the public authorities in this field.

Final disposition second. Regulatory development.

It is for the Minister of Education and the competent bodies of the Autonomous Communities, in the field of their respective competences, to make a number of specific provisions for the development and implementation of the provisions of the this royal decree.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on February 12, 2010.

JOHN CARLOS R.

The Minister of Education,

ANGEL GABILONDO PUJOL