Organic Law 2/2006, of 3 May, of Education, states that the educational administrations will develop for the field of their competence different aspects mentioned in it.

Among these aspects are those that affect the admission of the students in public and private centers mentioned in Article 84.1 of the Law of Organic Law 2/2006, of May 3, of Education, to the requirements that have to comply with the centres providing the first cycle of child education referred to in Article 14.7 of the said organic law, and to the attention of students who have a specific need for educational support, as provided for in Article 71.2 of the The Organic Law 2/2006, of Education.

The Law regulates the admission of students to public and private institutions, establishing the priority criteria for the scale of applications and other aspects, among which the equitable distribution of the students with specific need for educational support.

In addition, in regulating child education, it is established that educational administrations must determine the educational contents of the first cycle of childhood education and regulate the requirements to be met by schools. to be able to impart that cycle.

The law also entrusts educational administrations to adapt to the centers that provide the first cycle of early childhood education with other regulated aspects for the rest of the educational centers.

Finally, the law, in order to guarantee equity, establishes the obligation of educational administrations to ensure the necessary resources for students and students who require educational attention other than the (i) ordinary, for presenting special educational needs, for specific learning difficulties, for their high intellectual abilities, for being late in the education system or for personal or school history conditions.

From the above, the need to establish a new regulation of the different aspects mentioned above for the management of the Ministry of Education that replaces the current one is derived.

This royal decree has been reported by the State School Board.

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 October 30, 2009,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

This royal decree aims to develop those aspects which, according to the Organic Law 2/2006, of 3 May, of Education, must be established by the educational administrations, as far as the admission of students to public and private institutions, the requirements to be met by the institutions to teach the first cycle of child education and the attention to students who require educational attention other than ordinary care present specific need for educational support.

Article 2. Scope.

What is established in this royal decree will be applicable in the educational centers of the Ministry of Education's management.

CHAPTER II

Admission of pupils

public and private centres

Article 3. General principles.

1. The process of admission of students that regulates the present royal decree will apply to students who access public and private centers arranged to cure the teachings corresponding to the education of children, primary education, education compulsory secondary education and vocational training, and shall be in accordance with the provisions of Chapter III on schooling in public and private institutions, of Title II, Equity in Education, of Organic Law No 2/2006, of May 3, Education.

2. The main objective is to ensure, within the right to education, equal access and the freedom of choice of centre by parents or guardians, taking into account in any case a balanced distribution of pupils with specific need for educational support among the public and private school establishments.

3. The schooling of pupils in public and private centres should be based on the following general principles:

(a) All pupils in compulsory schooling are entitled to a free school post which guarantees them a quality education.

b) Any discrimination on grounds of birth, race, sex, religion, opinion or any other personal or social condition or circumstance may not be established in the admission of students and may not be subject to the result of examinations or tests. The only eligible requirements shall be those arising from age or those required by the academic organisation for a given teaching or course for which the place is requested.

(c) The Ministry of Education shall ensure a free school post for all pupils in the second cycle of child education whose parents or legal guardians so request.

d) The parents or legal guardians have the right to choose an educational institution in accordance with the provisions of Article 4 of the Organic Law 8/1985 of 3 July, which regulates the law of education. Where the number of vacant school positions among those financed by public funds in a centre is less than the number of applicants, admission shall be governed by the criteria laid down in this royal decree.

e) In order to guarantee educational quality for all, social cohesion and equal opportunities, the Ministry of Education, through appropriate educational programming, will ensure that all public and private institutions (a) a concerted approach to the development of the education and training of young people in the field of

.

(f) In no case may public or private institutions be able to receive amounts from families for receiving the free declared teachings, to impose on families the obligation to make contributions to foundations or (a) associations or compulsory services, associated with the teaching, which require financial contribution from the families of the students, with the exceptions provided for in Article 51 of the Organic Law 8/1985 of 3 July, regulating the right to education.

g) The registration of a student in a public or private concerted centre will entail the obligation to respect his educational project which, in the case of the agreed private centres, includes his own character, without prejudice to the rights granted to pupils and their families in the current legislation, as well as to those set out in point (b) of this point

(h) The public and private institutions are obliged to keep all their students in school, until the end of compulsory education, except for a change of centre produced by a family will or by application of a of the assumptions foreseen in the regulations on the rights and duties of the students.

Article 4. Requirements.

1. In order to be admitted to a teaching centre, it will be necessary to meet the age requirements and, where appropriate, the academic requirements required by the current legal system for the teaching and course to which they are intended.

2. In accordance with Article 84.2 of the Organic Law 2/2006 of 3 May of Education, where there are insufficient places the admission process will be governed by the following priority criteria:

a) Existence of registered siblings or parents or legal guardians working in the center.

b) Proximity to the home or place of work of any parent or legal guardian.

c) Annual rate of family unit, taking into account the specificities that apply to large families for their calculation.

d) Concurrency of disability in the student or in any of their parents or siblings.

In no case will the assessment criteria listed in this section be exclusionary.

3. For high school teaching, in addition to the above criteria, the academic record of the student will be considered.

4. In accordance with Article 7.3 of Royal Decree 1621/2005 of 30 December 2005 on the adoption of the Regulation of Law 40/2003 of 18 November on the protection of large families, for the purposes mentioned above, the condition of large family.

5. In accordance with Article 85.2 of the Organic Law No 2/2006 of 3 May of Education, the procedures for the admission of pupils to training courses of a medium or higher degree of vocational training, where there are not enough places, are shall be exclusively for the academic record of the pupils regardless of whether they come from the same or different centre.

6. Similarly, in accordance with Article 85.3 of the aforementioned Law, students who simultaneously teach lessons in music or dance and secondary education will be given priority to be admitted to those centres which provide Secondary education lessons to be determined by the educational administration. The same treatment will apply to pupils who follow high level or high performance sports programmes.

7. According to Article 84.5 of the Organic Law 2/2006 of 3 May of Education, public institutions attached to other public institutions, which provide different stages, will be considered as single centres for the purposes of applying the criteria of admission of students established in this royal decree. Also, in public institutions offering several educational stages, the initial admission procedure will be performed at the beginning of the age corresponding to the lower age.

8. In accordance with Article 84.8 of the Organic Law 2/2006 of 3 May of Education, the concerted private centres which provide various educational stages, the initial admission procedure will be carried out at the beginning of the tender of the course the purpose of the concert and which corresponds to the minor age. This procedure will be performed in accordance with the requirements of public institutions.

CHAPTER III

Centers requirements that deliver the first cycle of childhood education

Article 5. General principles.

1. The requirements to be met by the centres providing for the first cycle of child education must be defined according to the characteristics of the pupils to whom they are attended and will respond to the quality requirements of the environment which has to serve as a framework for educational service in this cycle.

2. The centres, within the accessibility requirements defined in general, must meet the necessary conditions for the schooling of pupils with disabilities.

3. All centres, public or private, which deliver the first cycle of child education, must meet the requirements to be determined by the Ministry of Education.

4. Private centres which provide the first cycle of early childhood education shall require the authorisation of the Ministry of Education, which shall grant it as long as they meet the requirements laid down.

Article 6. Requirements.

The requirements to be met by the centers that deliver the first cycle of childhood education should understand:

a) Installations.

b) Professional qualifications requirements.

c) Numerical relationship-teacher ratio.

d) Other requirements to be determined by the Ministry of Education.

CHAPTER IV

Students with specific need for educational support

Article 7. General principles.

1. Students with specific need for educational support are understood to require specific support and care to present special educational needs due to disability or serious behavioural disorders. specific learning difficulties, due to their high intellectual capacity, late incorporation into the education system or personal or school history conditions.

2. The Ministry of Education will ensure the necessary resources to enable this student to achieve the maximum possible development of his/her personal abilities and, in any case, the objectives established in general for all students.

3. It will also establish the precise procedures and resources to identify early the specific educational needs of the students and initiate their comprehensive care, governed by the principles of normalization and inclusion, from the same time when the need is identified.

4. In addition, it will ensure their schooling, regulate and ensure the participation of parents or guardians in decisions affecting schooling and the educational processes of this student and will take appropriate measures to ensure that parents receive appropriate individualized counseling, as well as the necessary information to help them in their children's education.

5. In order to make the principle of equality effective in the exercise of the right to education, the Ministry of Education shall develop actions of a compensatory nature in relation to the persons, groups and territorial areas in question. (a) unfavourable situations and provide economic resources and the necessary support for this, reinforcing the action of the education system in such a way as to avoid inequalities arising from social, economic, cultural, geographical, ethnic or other nature.

Article 8. Aspects to be developed.

1. The Ministry of Education, according to the final disposition of this royal decree, will order for the field of its competence the attention to the students with specific need of educational support. This management will collect all those aspects that will allow comprehensive care for students and students with special educational needs, specific learning difficulties, with high intellectual abilities or belatedly incorporated into the Spanish education system.

2. It will also develop aspects related to the psycho-pedagogical evaluation of the above mentioned students.

Additional disposition first. Admission of pupils to the centres providing special arrangements and in adult education centres.

1. Admission to the public and private institutions arranged to carry out the various degrees of artistic teaching provided for in Chapter VI of Title I of Organic Law 2/2006 of 3 May of Education shall be governed by the specific rules which, in accordance with the provisions of that law, regulate the curriculum, the criteria for entry and the evidence of access to each of the teachings.

2. The admission of students to take up sports teaching in public and private institutions as well as admission to official language schools and adult education centres will be governed by the specific rules which the -establish the Ministry of Education.

Additional provision second. Admission of students to schools providing the first cycle of early childhood education.

The admission of students to schools in the first cycle of child education will be governed by the specific regulations established by the Ministry of Education. Such rules shall, in any event, contain the provisions of Article 84.2 of the Organic Law 2/2006 of 3 May of Education.

Single transient arrangement. Application of various rules.

Until the publication of the regulations that, in the development of the present royal decree, regulate the admission regime of the students, the requirements of the centers that provide the first cycle of the children's education and the attention to the Students with specific need for educational support in the field of management of the Ministry of Education, these aspects will be governed by the provisions of Royal Decree 113/2004, of 23 January, for which the basic educational aspects are developed and the organisation of the teaching of pre-school education, and the conditions to be met To bring together the centres of this stage, the Royal Decree 366/1997, of 14 March, which regulates the system of choice of educational center, Royal Decree 696/1995, of 28 April, of ordination of the education of the students with educational needs Special and Royal Decree 299/1996 of 28 February of the ordination of actions to compensate for inequalities in education.

Single repeal provision. Regulatory repeal.

Without prejudice to the provisions of the single transitional provision of this royal decree, the following rules are hereby repealed:

1. Royal Decree 1333/1991 of 6 September establishing the children's education curriculum.

2. Royal Decree 113/2004 of 23 January on the development of basic educational aspects and the organisation of the teaching of pre-school education, and determine the conditions to be met by the centres of this stage.

3. Royal Decree 366/1997 of 14 March 1997 regulating the system of choice of educational centre.

4. Royal Decree 696/1995, of 28 April, of ordination of the education of pupils with special educational needs.

5. Royal Decree 299/1996, of 28 February, of the ordination of actions to compensate for inequalities in education.

6. The other rules, of equal or lower rank, are repealed as soon as they object to the provisions of this royal decree.

Final disposition first. Regulatory development.

The Minister of Education is authorized to develop the aspects contained in this royal decree, in accordance with the provisions of the sixth final provision of the Organic Law 2/2006, of May 3, of Education.

Final disposition second. Application of the rules of admission.

The process of admission of students that regulates the present royal decree will apply to students who access public and private centers arranged from the academic year 2010-2011.

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 October 30, 2009.

JOHN CARLOS R.

The Minister of Education,

ANGEL GABILONDO PUJOL