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Act 8/1985 Of 3 July, Regulating The Right To Education.

Original Language Title: Ley Orgánica 8/1985, de 3 de julio, reguladora del Derecho a la Educación.

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TEXT

JOHN CARLOS I,

KING OF SPAIN

To all who present it and understand,

Sabed: That the General Courts have approved and I come to sanction the following Law:

PREAMBLE

The extension of basic education, to reach each and every citizen, is undoubtedly a historic milestone in the progress of modern societies. In fact, the development of education, the foundation of the progress of science and technology, is a condition of social welfare and material prosperity, and support for individual freedoms in democratic societies. It is not surprising, therefore, that the right to education has been progressively shaped as a basic right, and that states have assumed their provision as a priority public service.

Because of the inadequacies of its economic development and the avatars of its political development, at various times, the State has left its responsibilities in this area, abandoning them in the hands of individuals or institutions. private, in the interests of the so-called principle of subsidiarity. Thus until recent times, education was more the privilege of few than everyone's right.

In the last quarter of a century and after a sustained decline in public education, the needs of economic development and the social transformations induced by it considerably increased social demand for education. The consequent increase was taken care of, primarily by the public offering, with the consequent alteration of the hitherto prevalent proportions between the public and private sectors. In this way, the characteristic outlines of the current educational system in Spain were shaped: A mixed or dual system, with a majority public component and a private one of considerable magnitude.

The General Law of Education of 1970 established the obligation and gratuitousness of a unified basic education. Conceived as a public service, it was primarily responsible for the State of its provision. However, recognizing and enshrining the mixed character of our education system, it opened the possibility that non-state institutions could participate in the offer of free school positions at the required levels, obtaining in counterpart of the State's economic support.

Despite the fact that the planned concert regime was never the object of the necessary regulatory development, several provisions were regulated in successive years the granting of grants to private schools, in value The European Commission has been very much in favour of the European Commission's report. In the absence of adequate rules, what had been born as a provisional one was perpetuated, giving rise to an irregular situation, lack of the necessary control, subject to uncertainty and arbitrariness, and sometimes without observance of the provisions themselves. legal status that regulated it. In spite of this, the coverage with public funds of compulsory education has not ceased to be extended, until it covers the entire practice, despite the relative stagnation of the public sector.

It is no wonder that in the face of such confused and unsatisfactory evolution, alternative educational options were consolidated, when not opposed, that in fact prolonged the ideological fractures that had been secularly divided into the Spanish society around education.

This historical background explains the complexity of elements that shape the educational framework established by the Spanish Constitution, a framework of commitment and harmony that, while implicitly recognizing the mixed system inherited, provides the integrative regulatory space in which the various educational options can coexist. Thus, after the right to education (Article 27.1 (a)), the freedom of education (Article 27.1 b) is affirmed; the right of parents to choose the most appropriate religious and moral training for their children (Article 27 (3)) is the same as the right to education (Article 27.1 b). the right to freedom of professorship (Article 20.1) and freedom of conscience (Articles 14, 16, 20 and 23). And if the freedom to set up teaching centres is guaranteed (Article 27.6), the public authorities are also responsible for a general programme of education (Article 27 (5)) aimed at securing a school post for all citizens. Finally, aid to teachers (Article 27 (9)) has to be combined with the intervention of teachers, parents and pupils in the control and management of these centres with public funds (Article 27 (7)). development of these precepts, so that they are modelled in a balanced way in their subsequent regulatory development.

However, the development of Article 27 of the Constitution made the Organic Law of the Statute of School Centers, has assumed a partial and scarcely faithful development to the constitutional spirit, to the sidestep, on the one hand, In the case of the European Parliament, the Commission has not yet been able to make a decision on the question of the right of the Member States to take the necessary measures to protect the rights of the public. of the head of the private centre on those of the school community, making the freedom of professorship conditional on ideary and strictly interpreting the right of parents, teachers and students to intervene in the management and control of publicly funded centres.

It is therefore a new norm that will fully and harmoniously develop the principles that, in the field of education, contains the Spanish Constitution, respecting both its literal tenor and the spirit that presided over its drafting, and that at the same time guarantee educational pluralism and equity. To meet this need, the Organic Law on the Right to Education is oriented.

In these principles, the treatment of freedom of education must be inspired, which must be understood in a broad and non-restrictive sense, such as the concept that encompasses the whole set of freedoms and rights in the field of education. education. It includes, without doubt, the freedom to set up educational institutions and to provide them with a character or educational project of their own, which is collected and covered by Chapter III of Title I. It also includes the ability of parents to choose their own children's schools other than those created by the public authorities, as well as the religious and moral formation which is in accordance with their convictions, as set out in Article 4. own teachers, whose freedom of professorship is covered by the Constitution as a principle basic of all democratic society in the field of education. And it covers, very fundamentally, the students themselves, in respect of which the protection of freedom of conscience is an inalienable principle that cannot be made subject to any other.

Following the definition of the great aims of educational activity and the rights and freedoms of each and every member of the school community, the Law classifies the teaching centers jointly with the criteria of legal ownership and origin and character of the resources to be maintained. It distinguishes private centres which operate on the market, by price, and the centres held with public funds, and within these private institutions and those of public ownership.

To the dual network integrated by these last two types of centers, the provision of compulsory education under the rule of gratuitousness is entrusted to the law. The regulation of this is based on two principles of capital importance in the education system designed by the Constitution, programming and participation, whose game makes possible the balanced cohonestation of the right to education and freedom. of teaching.

The State and the Autonomous Communities, by means of the general programming of education, are responsible for ensuring the coverage of educational needs, providing an adequate supply of school positions, dignifying a public education insufficiently attended for many years and promoting equal opportunities. The general programming mechanism for education, which should make it possible to rationalise the use of public resources for education, is regulated in Title II.

Such a program must simultaneously ensure the right to education and the possibility of choosing a teaching center within the offer of free school positions, since such freedom does not truly exist if it is not insured. that right for everyone.

Title III deals with the governing bodies of public institutions, and Title IV does the same with the agreements. The structure and functioning of each other are inspired, in coherence with the requirements of article 27.7 of the Constitution, in a participatory conception of school activity. In one and the other case, and with the peculiarities that their different nature demands, the participation of the school community is made through the school council of the center. In addition to being a means of control and management of public funds, participation is an appropriate mechanism to adequately address the rights and freedoms of parents, teachers and, in short, students, always respecting the rights of the holder. The participation also extends the freedom of education by prolonging the act of choosing the center in the active process of giving life to an authentic educational project and ensuring its permanence. Finally, the option for the participation contained in the Constitution is an option for a modern educational system, in which an active and responsible school community is a co-star of its own educational action.

Title IV also regulates the system of concerts through which the public support of the concerted private centers, which together with the public, contributes to making the right to education effective. free of charge, and, in accordance with Article 27.9 of the Constitution, lays down the requirements to be met by such centres.

On the basis of the joint regulation of the rights and freedoms that the Constitution contains in educational matters, the postulates of the programming of teaching and participation are correlated and cooperative principles of aid to the educational institutions referred to in Article 27.9, as they contribute to the requirements of the constitutional text for public expenditure: On the one hand, that for its distribution is equitable and that it is financed by the free of charge-and this is directed at programming-on the other, to optimise the educational performance of the This is the first time that we have been in the process of being responsible for the administration and quality of education, which is ensured through participation. In the field of education, this social control and the need for transparency have been entrusted, more directly than to the public authorities, to parents, teachers and students, which is a preference for social intervention in the face of the state intervention.

In sum, the Law Regulatory Law of the Right to Education, is oriented to the modernization and rationalization of the basic sections of the Spanish education system, in accordance with the constitutional mandate in all its extremes. This is why a law on the programming of education, aimed at rationalizing the offer of free school positions, which, while seeking the rational allocation of public resources, allows the cohonestation of freedom and equality. It is also a law that develops the principle of participation established in Article 27.7, as a safeguard of individual liberties and the rights of the holder and of the school community. It is also a law on the regulation of schools and the holding of the agreements. It is, at last, a standard of coexistence based on the principles of freedom, tolerance and pluralism, and which is offered as a faithful extension of the letter and the spirit of the agreement reached in the drafting of the Constitution for the area of education.

PRELIMINARY TITLE

Article first.

1. All Spaniards have the right to a basic education that allows them to develop their own personality and to carry out a useful activity to society. Such education shall be compulsory and free of charge at the level of basic general education and, where appropriate, in first-degree vocational training, as well as at the other levels laid down by law.

2. All of them also have the right to access higher levels of education, depending on their skills and vocation, without in any case the exercise of this right subject to discrimination due to economic capacity, social level or place. residence of the student.

3. Foreigners resident in Spain shall also be entitled to receive the education referred to in paragraphs 1 and 2 of this Article.

Article 2.

The educational activity, guided by the principles and declarations of the Constitution, will have, in the teaching centers referred to in this Law, the following purposes:

a) The full development of the student's personality.

b) Training in respect of fundamental rights and freedoms and in the exercise of tolerance and freedom within democratic principles of coexistence.

c) The acquisition of intellectual habits and working techniques, as well as scientific, technical, humanistic, historical and aesthetic knowledge.

d) Training for the exercise of professional activities.

e) Training in the respect of the linguistic and cultural plurality of Spain.

f) Preparing to actively participate in social and cultural life.

g) Training for peace, cooperation and solidarity among peoples.

Third item.

The teachers, within the framework of the Constitution, are guaranteed the freedom of professorship. Their exercise will be directed towards the attainment of educational purposes, in accordance with the principles set out in this Law.

Article 4.

1. Parents or guardians, in terms of legal provisions, are entitled to:

a) That their children and pupils receive an education in accordance with the purposes laid down in the Constitution and in this Law.

b) To choose a teaching center other than those created by the public authorities.

c) To have their children or pupils receive the religious and moral formation that they agree with their own convictions.

Article 5.

1. Parents of students are guaranteed freedom of association in the field of education.

2. The parent associations of pupils shall, inter alia, assume the following purposes:

a) Attend parents or guardians in all matters concerning the education of their children or pupils.

b) Collaborate in the educational activities of the centers.

c) Promote the participation of parents of students in the management of the school.

3. In each teaching centre there may be associations of parents of pupils who are integrated by the parents or guardians of the parents.

4. The associations of parents of pupils may use the premises of the teaching centres to carry out their own activities, to the effect that the directors of the centres will facilitate the integration of these activities into life. school, taking into account the normal development of the school.

5. Parent associations of pupils may promote federations and confederations, in accordance with the procedure laid down in the legislation in force.

6. The specific characteristics of parent associations of pupils will be established in accordance with the Law.

Article 6.

1. Students are recognized as the following basic rights:

a) Right to receive training that ensures the full development of your personality.

(b) the right to be assessed in accordance with criteria of full objectivity.

c) Right to respect their freedom of conscience, as well as their religious and moral convictions, in accordance with the Constitution.

d) the right to respect for their personal integrity and dignity.

e) the right to participate in the operation and life of the center, in accordance with the provisions of this Law.

f) Right to receive school and professional guidance.

g) the right to receive the necessary aid to compensate for possible family, economic and socio-cultural deficiencies.

h) Right to social protection in cases of family misfortune or accident.

2. It is a basic duty of the students, in addition to the study, to respect the norms of coexistence within the teaching center.

Item seventh.

1. Pupils may be associated, depending on their age, by creating organisations in accordance with the Law and with the rules which, where appropriate, are regulated.

2. The associations of students will assume, among others, the following purposes:

a) To express the opinion of the students in everything that affects their situation in the centers.

b) Collaborate in the educational work of the centers and in the complementary and after-school activities of the centers.

c) Promote the participation of students in the collegiate organs of the center.

d) Conduct cultural, sports and promotion activities for cooperative action and teamwork.

e) Promote federations and confederations, in accordance with the procedure laid down in the legislation in force.

Article 8.

The right to meet teachers, administrative and service staff, parents of students and students, whose exercise will be facilitated in accordance with current legislation and taking into account, is guaranteed in schools. The normal development of the teaching activities.

TITLE FIRST

From the teaching centers

CHAPTER I

General provisions

Article ninth.

Teachers ' institutions, with the exception of university students, shall be governed by the provisions of this Law and Provisions that develop it.

Article ten.

1. The teaching centres may be public and private.

2. It is public centers whose owner is a public power. Private centres are those whose owner is a private natural or legal person.

It is understood by the holder of a teaching center the natural or legal person that is recorded as such in the register referred to in Article 13 of this Law.

3. Private centres held with public funds shall be given the name of a concerted institution and, without prejudice to the provisions of this Title, shall comply with the provisions of Title IV of this Law.

Item eleven.

1. The teaching centers, depending on the teachings they teach, may be from:

a) Pre-school Education.

b) Basic General Education.

c) Baccalaureate.

d) Vocational Training.

2. The adaptation of the provisions of this Law to the institutions which provide teaching not covered by the preceding paragraph, as well as to the integrated centres covering two or more of the teachings referred to in this Article, shall be carried out regulentarily.

Article twelve.

1. The Spanish teaching centres abroad will have a unique structure and regime in order to accommodate them to the requirements of the environment and to what, if necessary, have the international conventions.

2. Without prejudice to the provisions of international conventions or, failing that, the principle of reciprocity, foreign centres in Spain shall comply with what the Government determines in a regulation.

Article thirteen.

All schools will have a specific name and will be registered in a public register dependent on the competent educational administration, which must transfer the registered seats to the Ministry of Education. Education and Science, not later than one month. They may not be used by the identification centres other than those listed in the relevant registration.

Article fourteen.

1. All schools must meet minimum requirements for teaching with quality assurance. The government shall regulate these minimum requirements.

2. The minimum requirements will relate to academic qualifications of teachers, number of student-teachers, teaching and sports facilities and the number of school positions.

Article fifteen.

To the extent that it does not constitute discrimination for any member of the educational community, and within the limits set by the laws, the centers will have autonomy to establish optional subjects, adapt the programs to the characteristics of the medium in which they are inserted, adopt teaching methods and organise school and after-school cultural activities.

CHAPTER II

From public centers

Article sixteen.

1. The public institutions of pre-school education, basic general education, secondary education and vocational training will be called pre-school, basic general education colleges, secondary schools and training institutes. Professional, respectively.

2. The centres not covered by the above paragraph shall be referred to in accordance with the provisions of their special regulations.

Article seventeen.

The creation and deletion of public centres shall be carried out by the Government or the Governing Council of the Autonomous Community in the field of their respective competences.

Article eighteen.

1. All public institutions shall develop their activities subject to constitutional principles, guarantee of ideological neutrality and respect for the religious and moral options referred to in Article 27.3 of the Constitution.

2. The competent educational administration and, in any case, the governing bodies of the teaching centre shall ensure the effective implementation of the educational activities, the improvement of the quality of the teaching and the fulfilment of the provisions of the Previous section of this article.

Article nineteen.

In accordance with the aims set out in this law, the principle of participation of the members of the school community will inspire the educational activities and the organization and functioning of the public centers. The intervention of the teachers, the parents and, where appropriate, the students in the control and management of the public centers will be in accordance with the provisions of the third Title of this law.

Article twenty.

1. Adequate programming of free school posts, in the relevant territorial areas, will ensure both the effectiveness of the right to education and the possibility of choosing a teacher.

2. The admission of pupils to public centres, where there are not enough places, will be governed by the following priority criteria: annual income from family unit, proximity to the home and the existence of siblings registered in the center. In no case shall there be discrimination in the admission of students for ideological, religious, moral, social, race or birth reasons.

CHAPTER III

From private centers

Item twenty-one.

1. Any natural or legal person of a private nature and of Spanish nationality has the freedom to create and address private educational institutions, in accordance with the Constitution and the provisions of this Law.

2. They may not be holders of private centres:

a) People who provide services in the state, regional or local educational administration.

b) Those who have criminal records for intentional crimes.

(c) The natural or legal persons expressly deprived of the exercise of this right by a firm judicial judgment.

(d) Legal persons in which the persons included in the preceding paragraphs are responsible for, or are holders of, 20 per 100 or more of the share capital.

Article 22.

1. In the framework of the Constitution and with respect for the rights guaranteed in the Preliminary Title of this law to teachers, parents and students, the owners of the private centers will have the right to establish their own character.

2. The institution's own character shall be brought to the attention of the various members of the educational community by the holder.

Article twenty-three.

The opening and operation of private educational establishments shall be subject to the principle of administrative authorisation, which shall be granted provided that they meet the minimum requirements to be laid down in general in accordance with the general agreement. with the provisions of Article 14 of this Law. The authorisation shall be revoked when the centres no longer meet these requirements.

Article 24.

1. Private centres which have the authority to teach compulsory levels will enjoy full academic faculties.

2. Centres of non-compulsory levels may be classified in free, qualified and approved, depending on their characteristics. The approved centres shall enjoy academic faculties.

3. The Government shall determine the minimum conditions under which the teachings are to be taught in the abovementioned teaching centres for classification, as well as the effects derived therefrom.

Article 25.

Within the provisions of this law and norms that develop it, the private centers will not be granted autonomy to establish their internal regime, to select their teachers according to the required qualification by the legislation in force, to determine the procedure for admission of students, to establish the rules of coexistence and to define their economic regime.

Article twenty-six.

1. The non-concerted private centres may establish in their respective internal rules governing bodies through which the participation of the educational community is channelled.

2. The participation of the teachers, parents and, where appropriate, students in the concerted centers shall be governed by the provisions of the Title IV of this Law.

TITLE SECOND

From participation in the general programming of teaching

Article twenty-seven.

1. The public authorities shall ensure the effective exercise of the right to education through a general programme of education, with the effective participation of all the sectors concerned, which adequately addresses educational needs and creation of teaching centres.

2. For such purposes, the State and the Autonomous Communities shall define the priority needs in the field of education, set the objectives of the period to be considered and determine the necessary resources, according to the planning General economic activity of the State.

3. The general programming of the teaching corresponding to the Autonomous Communities in its territorial scope shall in any case include a specific programming of the school posts in which the districts, municipalities and areas will be determined. such posts must be created.

The specific programming of newly created school positions at the free compulsory levels should take into account, in any case, the existing supply of public and concerted centres.

Article twenty-eight.

For the purposes set out in the previous article, and prior to the deliberation of the State School Board, the Conference of Directors of Education of the Councils of Government of the Communities will meet. Autonomous and the Minister for Education and Science, convened and chaired by the Minister. The Conference will also meet as many times as necessary to ensure the coordination of educational policy and the exchange of information.

Article twenty-nine.

Sectors interested in education will participate in the overall programming of teaching through the collegiate bodies that are regulated in the following articles.

Article thirty.

The State School Board is the national body for the participation of the affected sectors in the general programming of teaching and advice regarding the bills or regulations to be proposed or dictated by the Government.

Article thirty-one.

1. In the School Council of the State, whose President will be appointed by Royal Decree, on a proposal from the Minister of Education and Science among persons of recognized prestige in the field of education, they will be represented:

(a) Teachers, whose appointment will be made by their most representative trade unions and associations, so that their participation is proportional, as well as that of the different levels of education and of the sectors public and private teaching.

b) The parents of the students, whose designation will be made by the confederations of associations of parents of more representative students.

c) Students, whose designation will be made by the confederations of associations of more representative students.

(d) The staff of administration and services of the educational institutions, whose designation will be made by their central and representative trade unions.

e) The holders of the private centres, whose designation will be produced through the most representative business organisations.

f) Trade unions and employers ' organisations with greater representativeness in the fields of work and business.

g) The State educational administration, whose representatives will be appointed by the Minister of Education and Science.

h) Universities, whose participation will be formalized through the higher organ of representation of them.

(i) The personalities of recognized prestige in the field of education, pedagogical renewal and the confessional and secular institutions and organizations of greater tradition and dedication to the teaching, designated by the Minister of Education and Science.

2. The Government, on a proposal from the Ministry of Education and Science, will approve the rules determining the numerical representation of the members of the State School Board, as well as their organization and operation. The representation of the members of the educational community referred to in paragraphs (a), (b), (c) and (d) of this Article shall in no case be less than one third of the total of the components of this Council.

Article thirty-two.

1. The State School Board will be consulted preceptively on the following issues:

a) The general programming of teaching.

(b) The basic rules to be laid down by the State for the development of Article 27 of the Spanish Constitution or for the ordination of the educational system.

c) Draft regulations to be approved by the Government in the development of basic education legislation.

(d) The regulation of the conditions for obtaining, issuing and approval of academic titles and their application in doubtful or conflicting cases.

e) The provisions relating to the development of equal rights and opportunities in education.

f) The general management of the education system and the determination of the minimum levels of performance and quality.

g) The determination of the minimum requirements to be met by the Teaching Centers to impart the teaching with quality assurance.

2. In addition, the State School Board will report on any other matter that the Ministry of Education and Science decides to submit to you for consultation.

3. The School Board of the State may, on its own initiative, make proposals to the Ministry of Education and Science on matters relating to the items listed in the preceding paragraphs and on any other concerning the quality of the teaching.

Article thirty-three.

1. The State School Board will prepare and publish a report on the educational system annually.

2. The School Board of the State shall meet at least once a year on a mandatory basis.

Article thirty-four.

In each Autonomous Community there will be a School Board for its territorial scope, whose composition and functions will be regulated by a Law of the Assembly of the Autonomous Community corresponding to, for the purposes of the programming of the (a) the appropriate participation of the sectors concerned shall be ensured in any event.

Article thirty-five.

The public authorities, in the exercise of their respective powers, may establish School Councils of territorial areas other than the one referred to in the previous Article, and may lay down the necessary provisions for the organisation and operation of the same. In any case, the appropriate participation of the sectors concerned in the respective Councils should be ensured.

THIRD TITLE

From the Government Bodies of the Public Centres

Article thirty-six.

Public Centers will have the following governing bodies:

(a) Unipersonal: Director, Secretary, Head of Studies and how many others are determined in the relevant organic regulations.

(b) Colleges: School Board of the Centre, faculty of teachers, and the number of others to be determined in the regulations referred to in the preceding paragraph.

Article thirty-seven.

1. The Director of the Centre shall be elected by the School Board and appointed by the competent Education Administration.

2. Candidates shall be teachers of the Centre with at least one year of stay in the Centre and three years of teaching.

3. The election will be by an absolute majority of the members of the School Board.

4. In the absence of candidates, or where the candidates do not obtain the absolute majority, or in the case of newly created centres, the relevant educational administration shall appoint a Director on a provisional basis for the period of one year.

Article thirty-eight.

Corresponds to Director:

a) Officially Ostend the representation of the Center.

b) Fulfill and enforce the laws and other provisions in force.

c) To direct and coordinate all activities of the Center in accordance with the provisions in force, without prejudice to the competencies of the School Board of the Center.

d) Exercise the leadership of all staff assigned to the Center.

e) Convening and presiding over the academic acts and meetings of all the collegiate bodies of the Centre.

f) Authorize expenses in accordance with the Center's budget and order the payments.

g) Visage the Center's official certifications and documents.

h) Propose the appointment of the management positions.

i) To execute the agreements of the collegiate bodies in the field of their competence.

j) How many other competencies are attributed to them in the corresponding organic regulations.

Article thirty-nine.

1. The Director of the Centre shall cease his duties at the end of his term of office.

2. By way of derogation from the preceding paragraph, the competent educational administration may cease or suspend the Director before the end of the term of office, when he or she seriously fails to fulfil his duties, after reasoned report by the School Board of the Centre and audience of the person concerned.

Article forty.

The Secretary and the Head of Studies shall be teachers elected by the School Board, on a proposal from the Director and appointed by the competent Education Administration. The other single-person governing bodies to be determined shall be appointed in accordance with the procedure to be laid down.

Article forty-one.

1. The School Board of the Centres shall be composed of the following members:

a) The Director of the Center, who will be its President.

b) The Head of Studies.

(c) A City Council member or representative in whose municipal term the Center is located.

(d) A given number of teachers chosen by the cloister, which may not be less than one third of the total of the components of the School Board of the Centre.

e) A number of parents of pupils and pupils chosen, respectively, between them, which may not be less than one third of the total number of Council members. The representation of students will be established from the higher cycle of Basic General Education.

(f) The Secretary of the Centre, who shall act as the Secretary of the Council, with a voice and without a vote.

2. The total number of components of the Council, as well as the internal proportion of the representation of parents and pupils, as well as the distribution of the remaining posts, if any, between teachers, parents, etc. will be determined. Students, students and staff of administration and services.

3. In the preschool schools, in the Basic General Education with less than eight units, in which they meet educational needs of different municipalities, in the units or centers of adult and special education, as well as Units or Centers of singular characteristics, the competent educational administration shall adapt the provisions of this article to the uniqueness of these units.

Article forty-two.

1. The School Board of the Centre shall have the following powers:

a) Choose the Director and designate the management team for the proposal.

b) Propose the revocation of the appointment of the Director, with the agreement of its members adopted by a two-thirds majority.

c) Decide on the admission of students, subject strictly to the provisions of this Law and provisions that develop it.

d) Resolve conflicts and impose sanctions on student discipline, in accordance with the rules governing the rights and duties of students.

e) Approve the Center's budget project.

f) Approve and evaluate the overall programming of the Center that is prepared annually by the management team.

g) Develop guidelines for the programming and development of complementary school activities, visits and trips, canteens and summer colonies.

h) To establish the criteria for the participation of the Center in cultural, sports and recreational activities, as well as those assistance actions to which the Center could lend its collaboration.

i) Establish collaborative relationships with other Centers for cultural and educational purposes.

j) Approve the Center's internal rules of procedure.

k) Promote the renovation of school facilities and equipment, as well as monitor their conservation.

l) Monitor the general activity of the Center in the administrative and teaching aspects.

ll) Any other competition attributed to it in the corresponding organic regulations.

2. The School Board of the Centre shall meet precept once a quarter and whenever the President calls it or so request at least one third of its members.

Article forty-three.

The students will participate in the deliberations and decisions of the School Board of the Center. However, representatives of students in the higher cycle of Basic General Education shall not intervene in the cases of election of the Director, designation of the management team and proposal to revoke the appointment of the Director.

Article forty-four.

Within the School Board of the Centre there will be an Economic Commission, made up of the Director, a Teacher and a pupil's father, who will report to the Council on how many economic matters are entrusted to him. In those Centres, in whose support local corporations will also be part of that Commission, the Councilmember or representative of the City Council of the School Board.

Article forty-five.

1. The faculty of teachers is the own organ of participation of these in the Center. It shall be composed of all the teachers who serve in it and shall be chaired by the Director of the Centre.

2. They are competencies of the cloister:

a) Schedule the Center's teaching activities.

b) Choose your representatives in the School Board of the Center.

c) Set and coordinate criteria on the evaluation and recovery work of students.

d) Coordinate the orientation and mentoring functions of the students.

e) Promoting initiatives in the field of experimentation or pedagogical research.

f) Any other that is entrusted to you by the respective organic regulations.

3. The cloister shall meet preceptively once a quarter and at least one third of its members shall request it.

Article forty-six.

1. The term of office of the one-person governing bodies shall be three years.

2. The collegiate bodies of an elective nature shall be renewed every two years, without prejudice to the completion of the vacancies.

TITLE FOURTH

From the concerted centers

Article forty-seven.

1. For the support of private centres with public funds, a scheme of concerts to which those private centres may be eligible is established which, in order to provide the public service of education in accordance with the terms laid down in the Law, provide basic education and meet the requirements of this Title. To this end, the above mentioned centres must formalise with the educational administration appropriate to the relevant concert.

2. The Government will lay down the basic rules to which the concerts are to be submitted.

Article forty-eight.

1. The concert shall establish reciprocal rights and obligations in respect of the economic regime, duration, extension and extinction of the same, number of school units and other conditions for the delivery of the teaching subject to the provisions of the regulating the concert regime.

2. The concerts may affect several centres provided they belong to the same holder.

3. Preference is given to those centres which meet school needs, which tend to school populations of unfavourable socio-economic conditions or who, in compliance with some of the requirements, are eligible for the concert scheme. experience of pedagogical interest for the educational system. In any case, preference will be given to those Centres which, under the cooperative arrangements, comply with the above mentioned purposes.

Article forty-nine.

1. The overall amount of public funds allocated to the support of the agreed centres shall be established in the general budget of the State and, where appropriate, in those of the Autonomous Communities.

2. The amount of the economic module per school unit shall be fixed annually in the General Budget of the State for the purposes of the distribution of the overall amount referred to in the preceding paragraph.

3. In this module, the amount of which will ensure that the teaching is delivered in free, the corresponding amounts will be differentiated from the salaries of the school's teaching staff, including the social and other costs of the same.

4. The amounts corresponding to the salaries of the teaching staff, as referred to in the previous paragraph, will tend to make it possible to gradually make the remuneration of that person analogous to that of the state teachers of the respective levels.

5. The salaries of the teaching staff shall be paid by the Administration to the faculty as a delegated payment and on behalf of the institution holding the institution, with a charge and on account of the amounts provided for in the preceding paragraph. To this end, the head of the centre, as an employer in the employment relationship, shall provide the Administration with the corresponding payroll, as well as any amendments thereto.

6. The Administration may not assume changes in the salaries of teachers, resulting from collective agreements that exceed the percentage of the overall increase in the amounts corresponding to salaries referred to in paragraph 3.

Article fifty.

The concerted centres shall be deemed to be assimilated to the benefit-and-teacher foundations for the purposes of applying to them the benefits, tax and non-tax, which are recognised to those institutions, irrespective of their independence. of how many others might correspond to the educational activity they develop.

Article fifty-one.

1. The system of concerts set out in this Title implies, on the part of the owners of the centres, the obligation to impart the teachings which are the subject of them free of charge.

2. In the concerted centres, school activities, whether teachers or complementary or extra-school or service, may not be of a lucrative nature.

3. The collection of any amount to students in respect of complementary activities and services, such as dining, school transport, medical or psycho-pedagogical cabinets or any other similar nature, must be authorized by the Corresponding educational administration.

4. The activities and complementary services of the agreed centres will be regulated, which will in any case be voluntary and will not be part of the school timetable.

Article fifty-two.

1. The concerted centres shall have the right to define their own character in accordance with Article 22 of this Law.

2. In any case, teaching must be delivered with full respect for freedom of conscience.

3. Any confessional practice will be voluntary.

Article fifty-three.

The admission of students to the concerted centers will be in accordance with the regime established for the public centers in Article 20 of this Law.

Article fifty-four.

1. The concerted centres shall have at least the following governing bodies:

a) Director.

b) School Board of the center, with the composition and functions set forth in the following articles.

c) Claustro de Professors, with functions similar to those provided for in Article 45 of this Law.

2. The powers of the Director shall be:

(a) To direct and coordinate all educational activities of the Center, in accordance with the provisions in force, without prejudice to the functions of the School Board of the Center.

b) Exercise the leadership of the teaching staff.

c) Call and chair the academic acts and meetings of all the collegiate organs of the center.

d) Vising the Center's certifications and academic documents.

e) To execute the agreements of the collegiate bodies in the field of their faculties.

f) How many other powers are assigned to the rules of the internal regime in the academic field.

3. The other governing bodies, whether single-person or collegiate, shall be determined, where appropriate, by the said rules of procedure.

Article fifty-five.

The teachers, the parents of the students and, where appropriate, the students, will intervene in the control and management of the centres arranged through the school council of the centre, without prejudice to the fact that in their respective regulations Internal arrangements are provided for other bodies for the participation of the school community.

Article fifty-six.

1. The School Board of the concerted centres shall consist of:

-The director.

-Three representatives of the center holder.

-Four teachers ' representatives.

-Four representatives of the parents or guardians of the students.

-Two representatives of the students, starting with the upper cycle of basic general education.

-A representative of the administration and service personnel.

2. The deliberations of the school board of the centre may be assisted, in a voice but without a vote, provided that they are summoned to report on questions of their competence, the other single-person bodies in accordance with the rules of the internal system.

3. The School Board of the Centre shall be renewed for halves every two years, without prejudice to the completion of the vacancies.

Article fifty-seven.

Corresponds to the school council of the center, within the framework of the principles laid down in this law:

(a) To intervene in the appointment and termination of the director of the centre, in accordance with the provisions of Article 59.

b) To intervene in the selection and dismissal of the faculty of the center, in accordance with Article 60.

c) Ensuring compliance with general rules on admission of students.

d) Resolve the issues of a serious nature raised in the school in the field of student discipline.

e) Approve, at the proposal of the holder, the budget of the center as regards both the funds coming from the Administration and the authorized amounts, as well as the annual surrender of accounts.

f) Approve and evaluate the overall programming of the center that will be prepared annually by the management team.

g) Propose, where appropriate, the Administration of the authorization to establish complementary perceptions to the parents of the students for educational purposes after school.

h) Participate in the application of the global pedagogical line of the center and set guidelines for after-school activities.

i) Develop guidelines for the programming and development of complementary activities, visits and trips, canteens and summer colonies.

j) Establish the criteria for the participation of the center in cultural, sports and recreational activities, as well as in those care actions that the center could lend its collaboration to.

k) Establish collaborative relationships with other centers, for cultural and educational purposes.

l) Approve, at the proposal of the holder, the internal rules of procedure of the center.

ll) Monitor the general march of the center in the administrative and teaching aspects.

Article fifty-eight.

The students will participate in the deliberations and decisions of the School Board. However, representatives of students in the higher cycle of Basic General Education will not intervene in the cases of designation and termination of the principal, as well as in the dismissal of teachers.

Article fifty-nine.

1. The Director of the approved centres shall be appointed after agreement between the holder and the school board, among the teachers of the centre with one year of stay in the school or three teaching staff in another teaching centre of the same holding. The agreement of the school board of the centre shall be adopted by an absolute majority of its members.

2. In the event of disagreement, the principal shall be appointed by the School Board of the centre of a teacher proposed by the holder. Such teachers shall meet the conditions laid down in the preceding paragraph. The agreement of the School Board of the center will be adopted by an absolute majority of its members.

3. The term of office of the Director shall be three years.

4. The termination of the Director shall require the agreement between the School Board and the School Board.

Article sixty.

1. The vacancies of the teaching staff in the concerted centres will be announced publicly.

2. For the purpose of its provision, the School Board of the Centre, in agreement with the holder, shall establish the selection criteria which shall basically address the principles of merit and capacity. The school board of the centre shall appoint a selection panel to be composed of the principal, two teachers and two parents of pupils.

3. The selection commission, after having assessed the merits of the applicants in accordance with the criteria referred to in the previous paragraph, shall propose to the holder the candidates it considers most appropriate. The proposal must be reasoned.

4. The head of the centre in the light of the proposal will proceed with the formalisation of the corresponding work contracts.

5. In the event of disagreement between the holder and the school board of the centre in respect of the selection or non-conformity criteria established in respect of the proposal of the selection commission, the following Article shall apply.

6. The dismissal of teachers from concerted centres will require a prior decision of the School Board of the Centre by means of a reasoned agreement adopted by an absolute majority of its members. Where such an agreement is unfavourable, the Conciliation Committee referred to in paragraphs 1 and 2 of the following Article shall be immediately convened.

7. The competent educational administration shall verify that the procedure for the selection and dismissal of the teachers is carried out in accordance with the provisions of the preceding paragraphs.

Article sixty-one.

1. In the event of a conflict between the holder and the School Board of the centre or serious breach of the obligations arising out of the scheme, a conciliation committee shall be set up, which may unanimously agree to the adoption of the measures. appropriate to resolve the conflict or to remedy the violation committed.

2. The Conciliation Committee shall be composed of a representative of the competent educational administration, the head of the centre and a representative of the School Board elected by the absolute majority of their constituents between teachers or parents of students who have the status of members of that person.

3. If the Commission does not reach the agreement referred to above, the educational administration, having regard to the report in which it sets out the reasons for its discrepancy, shall decide on the instruction in the appropriate file in order to determine the responsibilities in which the parties could have been liable, by adopting, where appropriate, the provisional measures which would advise the normal development of the life of the centre.

4. The educational administration may in no case adopt measures involving its subrogation in the respective faculties of the holder or the School Board of the institution.

Article sixty-two.

1. The following are the cause of the failure of the concert by the owner of the center:

a) Imparting the teachings object of the concert in contravention of the principle of gratuitousness.

b) perceiving amounts for complementary activities or unauthorized services.

c) Breach the rules on participation provided for in this Title.

d) Contravening the rules on admission of pupils.

e) Separate from the selection procedure and dismissal of the faculty established in the preceding articles.

f) Proceed to teacher dismissals where those have been declared imparted by judgment of the competent jurisdiction.

g) Lesionate the rights recognized in Articles 16 and 20 of the Constitution, when determined by the judgment of the competent jurisdiction.

(h) Other than any other arising out of the breach of the obligations laid down in this Title, or in the relevant concert.

2. The causes listed in the preceding paragraph shall be considered to be serious where the administrative file instructed to the effect and, where appropriate, the judgment of the competent jurisdiction, results in the non-compliance being made on a profit-making basis, with obvious intentionality, with manifest pertubation in the provision of the teaching service or in a repeated or repeated manner. Serious non-compliance will result in the termination of the concert.

3. Non-serious non-compliance will result in a warning from the competent educational administration. If the holder does not remedy this breach, the Administration will warn you again, pointing out that if you persist in this attitude, the renewal of the concert will not proceed.

Article sixty-three.

1. In the event of termination of the concert, the competent educational administration shall take the necessary measures to provide education to those students who wish to continue under free education without having to suffer any interruption in their studies.

2. If the unfulfilled obligation has consisted of the misperception of quantities, the termination of the concert shall entail for the holder the obligation to return the same in the form that the general rules lay down.

ADDITIONAL PROVISIONS

First.

1. This Law may be developed by the Autonomous Communities that have recognized competence for this in their respective Statutes of Autonomy or, where appropriate, in the corresponding Organic Law on the transfer of competences. However, those matters whose regulation entrusts this Law to the Government are excepted.

2. In any case, and by its very nature, it corresponds to the State:

a) The general management of the education system.

b) The general programming of teaching in the terms set out in Article 27 of this Law.

c) The fixing of minimum teachings and the regulation of the other conditions for obtaining, issuing and approving academic and professional titles, valid throughout the Spanish territory.

(d) High inspection and other powers which, in accordance with Article 149.1.30 of the Constitution, correspond to it to ensure compliance with the obligations of the public authorities.

Second.

1. Within the framework of the constitutional principles and the provisions of the legislation in force, the local authorities will cooperate with the relevant educational administrations in the creation, construction and maintenance of public centres. teachers, as well as in the monitoring of compliance with compulsory schooling.

2. The creation of public educational institutions, the holders of which are local Corporations, will be carried out by agreement between them and the competent educational administration, in order to be included in the programming of the teaching to which the Article 27.

Such centers will, in any case, be subject to the provisions of the third Title of this Law. The functions referred to in the Title to the corresponding educational administration, in relation to the appointment and termination of the director and the management team, shall be understood as referring to the public sponsor.

Third.

Private centers of non-compulsory levels that on the date of enactment of this law are fully or partially supported with public funds will be adjusted to the same for the agreed centers. To this end, the corresponding singular concerts will be established.

Fourth.

It shall not apply the provisions of Article 59 of this Law to the holders of centres currently authorised, with less than ten units, which, having the double status of being registered in the registration of centres, as natural persons and being directors of the same, they are engaged in the concert regime. In such a case, the director shall occupy one of the places corresponding to the representation of the holder in the composition of the school board of the centre.

Fifth.

1. Private centres which provide basic education and which are established from the date of entry into force of this law, may benefit from the concert scheme if they so request at the beginning of the administrative authorisation procedure and provided that, in accordance with the principles of this law, formalize with the Administration an agreement specifying the conditions for the establishment of the school council of the center, the designation of the principal and the provision of the faculty.

2. The newly established private establishments which, at the beginning of the administrative authorization procedure do not use the provisions laid down in the preceding paragraph, shall not be eligible for the scheme until five years have elapsed since the date of their authorisation.

TRANSIENT PROVISIONS

First.

Until the School Council of the State created by this law is established, the National Board of Education will continue to perform its duties.

Second.

Until the concert regime is regulated, subsidies for compulsory education will be maintained.

Third.

1. The currently subsidised private centres, which, upon entry into force of the general scheme of concerts provided for in this Act, are not eligible for the same because of the inadequacy of the corresponding budget appropriations, shall be incorporated in the such a scheme within a period not exceeding three years.

2. During this period, the Government will establish a special scheme for the aforementioned centres, which will set out the amounts which they may receive from the students as a supplement to the funding from the funds public, without prejudice to their subjection to the provisions of Title IV of this Law.

Fourth.

The currently operational teaching centres, the holders of which are the local Corporations, shall be adapted to the provisions of this Law within one year of their publication.

Fifth.

In matters whose regulation refers this Law to subsequent regulatory provisions and as long as these are not dictated, the rules of this range up to now in force will apply in each case.

REPEAL PROVISION

1. The Organic Law 5/1980 of 19 June, which regulates the Statute of School Centres, is repealed.

2. Law 14/1970 of 4 August, General Education and Financing of Educational Reform, is repealed:

(a) The Preliminary Title, the First and Third Chapters of the Second Title, the Fourth Title, and the First Chapter of the Fifth Title.

(b) Articles 60, 62, 89.2, 3 and 4, 92, 135, 138, 139, 140, 141.2 and 145.

(c) Articles 59, 61, 89,6, 101, 136.3 and 4 as soon as they object to the provisions of this Law.

FINAL PROVISIONS

First.

The Government and the Autonomous Communities, within the scope of their respective powers, may dictate how many provisions are necessary for the implementation of this Law.

Second.

The Government is authorized to adapt the provisions of this Law to the peculiarities of teaching centers of a singular character that are covered by agreements between the Ministry of Education and Science and other ministries, or whose character It is recognised by international agreements of a bilateral nature.

Third.

This Law shall enter into force on the day of its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities to guide and keep this Organic Law.

Palacio de la Zarzuela, Madrid, 3 July 1985.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ