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Royal Decree 388/1992, By April 15, Whereby Regulates The Supervision Of Textbooks And Other Curriculum Materials For The Teachings Of General Scheme And Its Use In Schools.

Original Language Title: Real Decreto 388/1992, de 15 de abril, por el que se regula la supervisión de libros de texto y otros materiales curriculares para las enseñanzas de régimen general y su uso en los Centros docentes.

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TEXT

The Organic Law 1/1990 of 3 October of General Management of the Educational System, in its fourth final provision maintains the validity of the fifth additional provision of Law 14/1970, of 4 August, General of Education and Education Reform Financing. The latter provision stated that the books and material needed for the development of the education system will be subject to the supervision of the Ministry of Education and Science. Decree 2531/1974 of 20 July, on the authorizies of textbooks and teaching materials, developed the aforementioned provision. Subsequently, the Autonomous Communities with full educational competences have been able to exercise, once the service transfers have been carried out, those which correspond to them in this field.

Royal Decree 986/1991 of 14 June has approved the timetable for the implementation of the new management of the education system. The minimum lessons for the stages of early childhood education, primary education and compulsory secondary education have been established, respectively, by the Royal Decrees 1330/1991 of 6 September; 1006/1991 of 14 June; and 1007/1991, dated 14 June.

On the other hand, the curriculum for each of the above-mentioned stages, for the Centres located in the management field of the Ministry of Education and Science, has been established, rspectively, by the Royal Decrees 1333/1991, 6 of September, 1344/1991 of 6 September, and 1345/1991 of 6 September.

In turn, Royal Decree 1700/1991 of 29 November has determined the structure of the Baccalaureate.

In this context, it is appropriate to establish, for the management of the Ministry of Education and Science, a new regulation of the system of supervision of the curriculum materials edited for later use in the teaching centers. To this end, a model of supervision consistent with the open character that confers on the curriculum the new ordination of the educational system and respectful with the rights and freedoms of teachers, parents and publishers, and with the autonomy of the Centers.

To this end, the presentation of the editorial project that serves as a guide for the elaboration of the curricular materials of the different areas is introduced as the main element of the authorization process. The aim is to ensure that publishers ' freedom is respected in order to develop in a creative way the contents of the curriculum and, at the same time, to safeguard the unity and coherence of the proposed curriculum approaches. the Government for Child Education, Primary Education, Compulsory Secondary Education and Baccalaureate.

This Royal Decree therefore proposes the treatment of the edited curricular materials, and does not consider those other that have been elaborated and not edited, by the teams of teachers for the purpose of bringing together the curriculum requirements for the needs of its students.

In its virtue, on the proposal of the Minister of Education and Science, prior to the report of the School Council of the State, in agreement with the State Council, with the approval of the Minister for Public Administrations and prior deliberation of the Council of Ministers at its meeting on 15 April 1992,

DISPONGO:

Article 1. 1. The provisions of this Royal Decree will apply in the territorial area in which the educational administration corresponds to the Ministry of Education and Science.

2. For the purposes of the present Royal Decree, curricular materials are those textbooks and other edited materials that teachers and students use in the teaching centers, public and private, for development and implementation. of the curriculum of the General Regime, established by the Organic Law 1/1990, of 3 October, of General Ordination of the Educational System.

3. The Ministry of Education and Science will supervise the editorial projects from which the corresponding curriculum materials of the Child, Primary, Mandatory Secondary and Baccalaureate Education are developed.

4. The approval of the editorial projects shall involve the authorization of the corresponding curricular materials provided that they are in conformity with the approved editorial project, with the basic conditions laid down in Article 2. and with the guiding principles of Law 1/1990 of 3 October of General Management of the Educational System.

5. The provisions of this Royal Decree, except as provided for in Article 4 thereof, shall not apply to editorial production which teachers and students use as supporting material and which is not specifically intended for the development of a determined subject or area of the curriculum.

Art. 2. 1. Projects shall indicate the level, stage, cycle or course for which they are intended, as well as the area or areas to which they relate, and shall conform to the basic lines of the respective curriculum.

2. The projects shall cover at least the contents provided for in an educational cycle and must present their connection with the general approach of the respective stage. In the second cycle of compulsory secondary education, editorial projects may refer to a single course. Without prejudice to the provisions of this paragraph, the editorial presentation of the approved projects is based on the criteria of authors and editors.

3. The editorial projects will explicitly provide the organisation and distribution of the objectives, contents and evaluation criteria, as well as the relevant pedagogical methods provided for in the Royal Decrees establishing the curriculum the relevant teaching. In addition, the treatment of content will address the distinction of concepts, procedures and attitudes on which the curriculum is organised.

4. The projects will pay attention to the diversity of the students, proposing reinforcement and expansion activities, so that the materials that are edited allow the teachers to select those that best fit the characteristics of their students.

5. The editorial projects must include, along with the specific contents of the area or areas to which they refer, those other than those that are transversal to the curriculum of the educational stage. These contents are those specified in Articles 5., 4, of Royal Decree 1344/1991, of 6 September, for Primary Education, and 6., 6, of Royal Decree 1345/1991, of 6 September, for Compulsory Secondary Education.

6.

As far as the Baccalaureate is concerned, the Ministry of Education and Science will adapt the requirements set out in this article to the very nature of the curriculum of this level of education.

7. In accordance with the specific and voluntary nature of the teachings of religion, and without prejudice to the provisions of Article 4. of this Royal Decree, the supervision and, where appropriate, the authorization of the editorial projects that will develop them will correspond to those responsible for fixing their contents.

In addition, curricular materials will be edited in an independent format.

8.

When the project provides for the editing of materials on which the student must work directly, it will ensure that the materials are presented in an independent format for the other most durable materials, except in the case of intended for Early Childhood Education and the first cycle of Primary Education.

Art. 3. 1. The publishing companies will send to the Ministry of Education and Science the editorial projects that have the purpose of translating into the corresponding curricular materials.

They will also include a forecast of the price of the same.

2. The Ministry of Education and Science shall study the projects received and shall decide what is appropriate within the maximum period of 40 working days. For these purposes, the month of August shall be deemed not to be business.

3. Where the Ministry of Education and Science considers that the projects submitted meet the conditions referred to in Article 2. of this Royal Decree, will authorize the use of the materials that result from its development in the teaching centers, public and private. The edited curriculum materials will reflect this authorization, in terms determined by the Ministry of Education and Science.

4. If, within the time limit referred to above, the Ministry of Education and Science finds that certain projects do not meet the requirements laid down and does not consider authorization, it shall give the publisher a view of the file so that Ten days ' time limit, make any such claims. Once the hearing has been completed, the Ministry of Education and Science will decide to grant or refuse authorization.

5.

Against the rejection of the decision, which must be motivated, the administrative and judicial resources that are legally applicable may be brought in.

Art. 4. 1. The curriculum materials to be made available to the students must comply with the editorial projects and reflect in their texts and images the principles of equality of rights between the sexes, rejection of all forms of discrimination, respect for all cultures, promoting the habits of democratic behaviour and attention to the ethical and moral values of pupils, in line with the provisions of Article 2 (2) of the Organic Law 1/1990 of 3 October 1997, General Management of the Educational System.

2. The Ministry of Education and Science shall propose to publishers in whose materials texts or illustrations have been observed that they are against the principles referred to in paragraph 1 of this Article, the deletion or replacement of the materials in question. Subsequent editions or reprints. In the event of failure to proceed in this way, their use may be disallowed under the conditions set out in the following paragraph.

3.

The Ministry of Education and Science, on its own initiative or at the request of a party, may, after hearing the person concerned, disavow with immediate effect the use of the materials in which infringements of the principles will be observed referred to in paragraph 1 of this Article where the gravity or abundance of the items so advises.

4. The Ministry of Education and Science may also disavow the use of those materials which, when developing the editorial project, are clearly set aside from the project approved in their day.

5. The administrative and judicial remedies provided for in accordance with the laws may be brought against the authorities referred to in paragraphs 3 and 4 of this Article.

Art. 5. 1. The teachers ' centres, when choosing the materials they consider most appropriate to their curricular projects, must first check that the materials respond to an editorial project approved by the Ministry of Education and Science. They may not adopt materials in which the provision under which the said project was approved is not expressly stated.

2. Curricular materials chosen for a given cycle may not be replaced until the pupils have exhausted the relevant cycle.

3.

The choice of text book of an area or subject for a given course or cycle shall have a minimum term of four academic courses, in which such a book may not be replaced, except in the case of the Ministry of Education and Science determine.

Art. 6. The Ministry of Education and Science shall establish the documentation to be included in the projects submitted for approval.

ADDITIONAL PROVISIONS

First. The provisions set out in Article 4. This Royal Decree will apply to materials that develop the curriculum of each of the levels, stages, cycles and degrees regulated by Law 1/1990, of 3 October, of General Ordination of the Educational System, as soon as refers to the obligation to reflect in its texts and images the principles of equality of rights between the sexes, rejection of all forms of discrimination, respect for all cultures, promotion of the habits of democratic behaviour and attention to the moral values of the students, who report the educational activity, as provided for in Article 2., 3, The Law cited above.

Second. The Ministry of Education and Science will be able to agree with the relevant regional authorities on the mutual recognition of authorizations which, in the use of their powers, grant to their respective management areas, with the to facilitate the use of different curricular materials in the teaching centers.

Third. The Ministry of Education and Science will also promote meetings, seminars and other activities aimed at improving the adequacy of the materials and their good use in the teaching centers.

TRANSIENT DISPOSITION

The supervision of the textbooks for the levels regulated by Law 14/1970, of 4 August, General of Education and Financing of Educational Reform, will be adjusted to the established in the present Royal Decree for the new teaching in the Organic Law 1/1990 of 3 October of General Ordination of the Educational System in the form determined by the Ministry of Education and Science.

REPEAL PROVISION

Decree 2531/1974 of 20 July on authorizations for textbooks and teaching materials is hereby repealed, as well as any rules of the same or lower rank that are contrary to the provisions of this Royal Decree.

FINAL PROVISIONS

First. In the Autonomous Communities with full educational powers, as long as they do not dictate their own rules in this field, it will also be applicable, with an additional character, to this Royal Decree, in accordance with the provisions of Article 149.3 of the Constitution, referring in any case to the corresponding organs of the autonomic administration the functions that in this Royal Decree are entrusted to the Ministry of Education and Science.

Second. The Minister for Education and Science is hereby authorised to lay down detailed rules for the application of this Royal Decree.

Third. This Royal Decree shall enter into force on the day following that of its publication in the Official Journal of the State.

Given in Madrid to April 15, 1992.

JOHN CARLOS R.

The Minister of Education and Science,

JAVIER SOLANA MADARIAGA