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Order Ecd / 724 / 2015, Of 22 Of April, By Which Is Regulates The Admission Of Students In Those Centres Public And Private Concerted That Taught The Second Cycle Of Education Child, Education Primary, Education Secondary And Baccalaureate In Them Ciu...

Original Language Title: Orden ECD/724/2015, de 22 de abril, por la que se regula la admisión de alumnos en los centros públicos y privados concertados que imparten el segundo ciclo de educación infantil, educación primaria, educación secundaria y bachillerato en las Ciu...

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TEXT

The Spanish Constitution, in Article 27, establishes the fundamental right of Education. One of the fundamental principles contained in the Organic Law 2/2006, of 3 May, of Education, in the new wording given by the Organic Law 8/2013, of 9 December, for the Improvement of Educational Quality, consists of the requirement to provide a quality education for all citizens of both sexes, at all levels of the education system.

The combination of quality and equity implied by the above principle inevitably requires the realization of a shared effort. With the extension of the age of compulsory schooling and the access to the education of new groups of students, the conditions in which the centres develop their task have become more complex. In this sense, it provides in Article 84.1 that the educational administrations will regulate the admission of students in public and private institutions, in such a way as to guarantee the right to education, access on equal terms and the freedom of choice of centre for families, taking into account, in any case, an appropriate and balanced distribution between the schools of pupils with a specific need for educational support.

Royal Decree 1635/2009 of 30 October, which regulates the admission of students to public and private institutions, the requirements to be met by the centres that provide the first cycle of education child care and the attention to students with specific need for educational support in the field of management of the Ministry of Education, establishes the general principles and the requirements to be submitted to the process of admission of students in schools public and private parties. In its final provision, it authorizes the Ministry of Education, the current Ministry of Education, Culture and Sport, to develop the same, in accordance with Chapter III, on school education in public and private institutions. Title II, Equity in Education, of Organic Law 2/2006, of 3 May.

By this order the admission process is developed in public and private centers, always with sufficient guarantees, given their importance and social importance, in order to respond to all those specific situations where the demand for school places is higher than the offer.

In the preparation of this order the opinion of the State School Council has been sought.

By virtue of the above, I have:

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. This order establishes the procedure to be carried out, for the admission of students, the public and private teachers ' centers of the cities of Ceuta and Melilla that provide the second cycle of the Children's Education, Education Primary, Compulsory Secondary Education and Baccalaureate. The right to education, access on equal terms and freedom of choice of centre on the part of families will be guaranteed. An appropriate and balanced distribution of pupils with a specific need for educational support will be addressed, with special mention for pupils with special educational needs.

2. Admission to teaching and modalities, not provided for in the first paragraph, shall be governed by its specific rules, applying the rules contained in this order with an extra character.

Article 2. General provisions.

1. The Ministry of Education, Culture and Sport will ensure a free school post for all pupils in the second cycle of early childhood education and compulsory schooling, whose parents, mothers or legal guardians so request.

2. They have the right to choose an educational institution, without any discrimination based on birth, race, sex, religion, sexual orientation, opinion or any other condition or personal or social circumstance, parents, mothers or guardians legal and, where appropriate, the students themselves who have reached their age or are emancipated, and to take into account the preferences and order stated in the application form, in the event that there are insufficient vacancies in the center where the place was requested as the first option.

3. Admission to the public and private institutions shall not be subject to any economic criteria or to the outcome of any examination or test, with the exception of those collected in this order and in the Organic Law 2/2006, of May 3, of Education.

4. In the case of a number of educational stages, the initial admission procedure shall be carried out at the beginning of the offer of the course which is the subject of a concert and which corresponds to the least age. This procedure will be performed in accordance with the requirements of public institutions.

5. The Ministry of Education, Culture and Sport will ensure an adequate and balanced distribution of pupils with special educational needs in the public and private centres, in order to ensure educational quality, cohesion social and equal opportunities for all.

6. In order to ensure the authenticity of the data subjects and centres provide in the process of admission of pupils, the Ministry of Education, Culture and Sport may request the collaboration of other administrative bodies.

7. The Ministry of Education, Culture and Sport, through its Provincial Directorates and with the collaboration of the respective Governments of the Cities of Ceuta and Melilla, will disseminate information on public and private educational institutions. In the case of the education project, the plan for cohabitation, resources, services, and, where appropriate, its own character, as well as the regulations governing this procedure, for the admission process to be developed with all warranties.

8. Where the number of vacant posts in public or private establishments is lower than the number of applicants, priority shall be given to those pupils who come from the centres attached; in any case admission shall be governed by the set out in Chapters II and IV of this order.

9. The Provincial Directorates of Education shall take the necessary measures to ensure the immediate schooling of pupils in the event of change of domicile or change of centre motivated by gender-based violence or by bullying, thereby giving rise to the compliance with the provisions laid down by the 17th additional provision of the Organic Law 1/2004 of 28 December, of Comprehensive Protection Measures against Gender Violence, and by the additional twenty-first provision of the Organic Law 2/2006, of 3 May.

10. They shall have priority in the area of schooling corresponding to the domicile or the place of work of any of their parents, mothers or legal guardians, those pupils whose schooling in concerted public and private establishments is motivated by transfer of the family unit due to the forced mobility of any parent, mother or legal guardian, or a change of residence resulting from acts of gender-based violence.

11. All information on this admission process can be found on the website of the Provincial Directorates and the relevant educational institutions.

12. Any commitment by a centre involving the reservation of a sustained school post with public funds outside the established procedures and time limits shall be null and void. Failure to comply with the rules laid down for the admission of pupils will give rise to the opening of the administrative procedure in the public institutions for the purpose of determining the possible responsibilities under which the (a) to be incurred and, in the case of a concerted private institution, to give rise to the penalties provided for in Article 62.2 et seq. of Law No 8/1985 of 3 July 1985 on the law of education, in accordance with the wording given to it in the First, 10 of the Organic Law 2/2006, of May 3, of Education.

CHAPTER II

Zoning and membership

Article 3. Definition of areas of influence and border areas.

1. The Provincial Directorates of Education may request from the authorities of the cities of Ceuta and Melilla, respectively, the collaboration necessary to delimit the zones of influence and the border areas of the different centers.

2. The Provincial Directorates of Education, informed of the sectors affected, will delimit the areas of influence and the border areas of each and every one of the public and private centers. The definition or amendment of these areas should provide a sufficient number of posts in the second cycle of Early Childhood Education, basic education and the Baccalaureate, in each of its modalities, in order to meet the needs of the education of the population of each area and to ensure the free choice of centre by parents, mothers or legal guardians.

3. The Provincial Education Directorates, once these areas have been defined, will communicate them to the educational institutions, which must give them publicity through the means they consider sufficient for their knowledge of the society.

4. This process must be completed before the start date of the pupil intake application process.

Article 4. Membership of centres.

1. The Provincial Directors of Education shall, for the purposes of schooling, each of the public institutions of primary education either to a public centre of secondary education, which shall have the consideration of single membership, or more than a public secondary education centre according to the multiple membership procedure.

2. In the case of the concerted centres, the Provincial Directors will approve the entry of the Primary Education centres into secondary schools, if necessary, according to the respective holders.

3. In any case, the number of centres in the area, their capacity, geographical distribution and the possible displacements of the students, facilitating and respecting the free choice, will be taken into account in the preparation or modification of the membership. from parents, mothers or legal guardians, and from older or emancipated students in their case.

4. In application of the provisions of Articles 47.1 and 85.3 of the Organic Law 2/2006 of 3 May, the Provincial Directors of Education will determine and make public the relationship of the centers that teach the teaching of Secondary Education, for whose admission will be given priority by those students who simultaneously teach secondary education and music or dance. The same treatment will apply to those students who follow sports programmes, high level and high performance, and are taught in Secondary Education.

5. The membership process must be completed in advance to ensure the correct application of the provisions of this order.

Article 5. Calendar.

The Provincial Directors, in accordance with the instructions of the Ministry of Education, Culture and Sport, will determine in good time the timetable to govern the process of admission of students and draw up the instructions. These instructions shall be communicated to the Administration of the respective City and to all public and concerted centers of its scope, and published through the means deemed sufficient for their knowledge by society.

CHAPTER III

Admission Guarantee Commissions

Article 6. Constitution.

1. Prior to the commencement of the admission process, the Provincial Directors, within the territorial scope of their competence, shall constitute a single Commission for the Guarantee of Admission in each city in accordance with the procedure and functions to be performed. describe in this order, the fundamental objective of which will be to ensure compliance with the rules on the admission of students and the exercise of the rights recognized in Organic Law 8/1985, of 3 July, regulating the right to education and in the Organic Law 2/2006 of 3 May, as well as take appropriate measures for the appropriate education of all pupils.

2. The mandate of the plenary session of this Commission will end once the ordinary process of admission of students is completed, as established by the Ministry of Education, Culture and Sport.

3. Through the relevant Inspection Services, the necessary meetings will be convened to ensure that the extraordinary schooling process is developed with all guarantees.

Article 7. Composition and operation.

1. The Commission on Admission Guarantee shall be composed of:

(a) The Provincial Director or person to whom you delegate, who will be your President.

b) A representative of the City Government.

c) The director of a public center designated by the Provincial Director.

d) The holder of a concerted centre, on a proposal from the respective holders.

e) Two teachers, one of them representing the public centers and the other of the centers.

f) Two representatives of parents, mothers or legal guardians, one by the public institutions and one by the concerted centers, chosen by lot for and among the members of the Associations or Confederations of Parents and Mothers of representative students.

g) An Education Inspector, designated by the Provincial Director.

h) An official of the Provincial Directorate, appointed by the Provincial Director, who will act as secretary.

The composition of this Commission will ensure parity between men and women.

1. The Provincial Director shall, in good time, make a request to the various sectors referred to in the preceding paragraph to appoint their representatives and, once they have been appointed, to convene a meeting of the constitution of the Commission, before the start of the admission process.

2. In order to facilitate the work of this Commission, within its framework, and in accordance with the procedure and functions to be determined therein, specific subcommittees associated with an area or a given teaching may be set up.

3. In order to take account of requests made during an extraordinary period, the Inspection Service shall convene the director of the public centre, the head of the centre, one of the representatives of the parents, with the necessary periodicity. (a) a decision of the Court of State in which the Court of State has decided to take the decision of the Court of These meetings will have to be held in the days and schedules that will enable all the participants to attend.

Article 8. Functions.

1. The duties of the Commission on Admission Guarantee shall be as follows:

a) Oversee the process of admission and compliance with the rules that regulate it.

b) Receive from the schools and the educational administration all the information necessary for the performance of their duties.

c) Propose to the educational administration those measures that it considers appropriate for a better development of the process of admission of students.

(d) Inform parents, mothers and legal guardians, and older or emancipated students, about the available places in public and private centres or on any other end related to the process of admission.

(e) to take part in the establishment of vacancies in all the centres of its field of competence, in particular as regards the reservation of places referred to in Articles 10 and 11, and in the whole process prior to that implies.

(f) Receiving applications which are not submitted directly to the centre in which it is intended to be admitted and referred to the centre concerned, as set out in Article 14.5.

g) Check that for each pupil a single application for admission has been submitted, and verify the number of vacancies and unserved applications in the area centres that correspond to them.

h) Manage the schooling of students who have not obtained a place in the requested centre in the first place. In this case, the Commission shall communicate to parents, mothers or legal guardians or to the pupils themselves, whether they are of age or are emancipated, the relationship of the centres with vacant places.

i) Schooling, listening to the affected sectors, especially parents, mothers or legal guardians, to students with special educational needs.

j) The decision of the Commission for the Guarantee of Admission, which may be adopted at a time prior to the determination of the centres ' final vacancies, shall aim to achieve an adequate and balanced education of the institutions. pupils. The Provincial Education Directorates shall address the needs arising from the schooling of the above students.

2. The following tasks shall be carried out at meetings convened from the Inspection Service, by delegation of the Provincial Director, during the extraordinary period of schooling:

(a) Collect and process requests for school places that may occur once the school year is started, by moving the family home, by incorporation into the Spanish education system or by any other causes reasonably justified.

(b) If there are vacant places in the requested centre, the application will be accepted and the student's registration will be proposed. If there are no vacancies, you will assign the following requested centre with vacancies or in your defect another centre that has them.

c) In relation to applications for admission for pupils who may be able to present special educational needs, their assessment by the Guidance Services shall be requested as a matter of urgency. Relevant education.

d) Applications to participate in the extraordinary admission process will be available and can be collected and delivered at the headquarters established by the Provincial Directorate.

For the resolution of the extraordinary schooling process, the Provincial Director may authorize up to an increase in the number of students per classroom in the public or private institutions, as provided for in Article 2 of Royal Decree-Law 14/2012 of 20 April, of urgent measures to rationalize public expenditure in the field of education.

3. The Commission of Admission may claim to the teaching centres and the corresponding departments of the Provincial Directorate, the documentation they deem necessary for the performance of their duties.

CHAPTER IV

Backup Process

Article 9. Reservation of places for students with specific need for educational support.

1. Pupils with a specific need for educational support, in particular those with special educational needs, will be guaranteed adequate and balanced schooling in public and concerted schools and their continuity in education. (a) the institutions referred to in Article 2.5. The Provincial Director, prior to the report of the Commission on the Guarantee of Admission, will determine the number of places per unit to be reserved in all public and concerted centers for the schooling of this student. This reservation shall be maintained until the end of the pre-registration and registration period, as set out in this order.

In any case, the balanced distribution of this student between the public and private centres must be carried out under conditions that promote their standardisation and inclusion, avoiding their excessive concentration, thus ensuring the quality of education for all, social cohesion and equal opportunities referred to in Article 87 of the Organic Law 2/2006, of Education.

2. The reservation of the place shall be carried out, by way of trade, from the places reserved for the said students as follows:

(a) The Commission on Admission Guarantee will receive from the teaching centres, as they are analysed by the management teams or the centres ' holders, copies of the applications corresponding to the students who present or may present a specific need for educational support, associated with special educational needs. Based on the information available, it will assess the need to propose their schooling in a specific teaching centre with the capacity to reserve places for these pupils. In the absence of such a need, the Commission for the Guarantee of Admission shall communicate this circumstance to the receiving centre before the publication of the final lists, in order for the score obtained in the process to be applied to it. brailing.

b) In relation to applications for admission, sent by the centres, which correspond to pupils who may present special educational needs, the Commission on the Guarantee of Admission will request, as a urgency, their assessment by the Educational Guidance Services and the report of the relevant Educational Inspection Service.

(c) The Directorate-General for Territorial Evaluation and Cooperation will take the necessary steps to identify and early detect pupils with high intellectual skills and to facilitate their care in schools. supported with public funds.

3. Once the Commission on the Guarantee of Admission has analysed the applications for the pupils sent by the centres, where appropriate, the corresponding proposal for schooling by the Education Guidance Service, and prior to the authorisation of the educational administration, the centres shall amend the reserve of seats in such a way as to have an effect on the publication of the final lists.

4. Similarly, and in relation to students with special educational needs and students with high intellectual abilities, the Provincial Director, parents, mothers or legal guardians, or in their case the student, and according to the report and the education opinion of the Educational Guidance Services shall take the measures to enable it to be provided for in the ordinary centres which are considered to be most appropriate.

5. Provision may be made for schooling in specific special education units or centres to take appropriate organisational forms and to develop methods and activities specially aimed at these pupils, in accordance with the provisions of the specific rules, provided that it is reasoned in a reasoned manner that pupils with special educational needs cannot be cared for in the context of measures to take account of the diversity of the ordinary institutions, following information from parents, In the case of women, the Commission has been in a position to make a statement on the subject of the referred to in the preceding paragraph.

Article 10. Reservation of places in single-level centres.

1. The directors and holders of the Primary Education Centres will bring to the attention of the directors and holders of the secondary schools to which they are attached, the alphabetical relation of students who complete studies of sixth Primary education course in the centre, when the post is attached to a single centre, for the purposes of Article 4 of this order. This information shall be provided, if possible, in computerised form, with an indication of the name, surname and course of each of the pupils.

2. The secondary education centres shall draw up the certificates of reserve of the place of the pupils who are assigned to them and send them to the respective centres of primary education which, in turn, will deliver them to the parents, mothers or guardians. the legal basis for the students, always counting on the information received from the Primary Education centres attached to them, according to the model set out in Annex I.

3. This process must be completed before the opening of the regular schooling procedure.

Article 11. Reservation of places in multiple membership centers.

1. Primary education institutions, in the case of multiple adage, will communicate to parents, mothers or legal guardians of the students who complete their studies in the center, the relationship of secondary schools to which their center is attached, together with the request for reservation of the place according to Annex II for completion, to the object of indicating the order of priority in which they request reservation of the place. This information will also be available on the website of the Provincial Education Directorate.

If you do not use the telematic route referred to in Article 14, the completed form and the documents in detail must be delivered in the centre where the student is in school on the dates are determined.

2. Primary Education Centres, through the Directors and the Holders, shall make available to the relevant Secondary Education Centres all information and documentation relating to the pupils who apply for them in the first place, together with a nominal ratio of the same. This relationship will also include the number of pupils with special educational needs.

3. In these cases of multiple membership, the relationship of students who obtain a reserve of place in each of the secondary schools, by the competent organs of the center for the admission of students, who will perform the award of their vacancies to those who have applied for them in the first place, in accordance with the criteria and the scale laid down in this order.

4. The vacancies shall be forwarded, together with the requests without addressing, to the Admit Guarantee Committee, which shall convene the directors and holders of the centres concerned to allocate the available vacancies to the applicants. that they did not obtain a place in their first choice, taking into account the order of priority indicated by the parents, mothers or legal guardians and the score obtained.

5. Once the complete provisional lists of the award of the reservation of the square are published, in the bulletin boards of the respective centers, a period of three working days will be opened so that the appropriate claims can be made. This information will also be available on the website of the centre.

6. At the end of the preceding period, the secondary education centres shall send to the primary education centres attached to the reserve certificates of place in Annex I, corresponding to the pupils of each of them, together with the documentation which has been contributed. From all this documentation, a copy will be left in the sending center.

7. Primary Education centres will provide the reservation for parents, mothers or legal guardians. This process shall have to be completed five days before the start of the deadline for the submission of applications for admission for the ordinary process.

8. Despite having obtained a reservation of a place in a center, the parents, mothers or legal guardians who so wish will be able to apply for a place in another different center, attending to the ordinary process of admission. To do so, they must submit the original of the reservation notification provided by the centre which they have attached, together with the application for admission, in the centre where they apply for the first place.

9. The students will keep the reserve of the square in the center assigned until they do not get square in another center. The student's right of reservation will fall at the time he is on the final list of admitted at another center or once the school year is started.

Article 12. Determination of definitive vacancies.

1. Once the procedures for the reservation of places described above have been completed, all the centers referred to in this order shall make available to the Commission of the Guarantee of Admission the final lists of the award of reserve of square, to be published also in the notice boards of the respective centres, before the beginning of the ordinary period of admission. This information will also be available on the center's website.

2. The centres shall forward to the Commission on Admission Guarantee the relationship, ordered by lessons and courses, of the vacancies offered for the following year, after the reservations referred to above have been made, and shall publish it in their Bulletin boards. This information will also be available on the center's website.

Article 13. Documentation.

The centers must make public in their bulletin boards the following documentation:

(a) Regulatory standards for the admission of students to publicly funded teaching facilities.

b) Brailing and tiebreaker criteria.

c) The request model.

d) Relation of supporting documents for the scale.

e) Relationship of vacancies by teaching and course.

f) Areas of influence and borders of the center.

g) Calendar including the deadline for the submission of applications, the date of publication of the admitted student relations and the time limits for the submission of complaints.

h) Headquarters of the Admission Guarantee Commission.

This information will also be available on the website of the Provincial Education Directorate.

CHAPTER V

Ordinary pupil intake process

Article 14. Requirements and submission of requests.

1. In order to be admitted to a public or concerted 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. The application for admission must be submitted in so far as one of the following cases is concerned:

a) Initiation of teachings.

b) Change from one center to another to cure the same teaching.

(c) Choice of a secondary education institution other than that in which it has obtained a place reservation. In this case, and where the telematic route is not used, it must accompany the application for the admission of the reservation certificate of the place referred to in Article 11.

d) In the case of not having obtained reservation for insufficient vacancies in the center of attachment.

3. The application for admission shall be in accordance with the official model drawn up by the Ministry of Education, Culture and Sport. Appropriate measures shall be taken to facilitate the submission of applications for admission by telematics in accordance with the provisions of Law 11/2007 of 22 June 2007 on the electronic access of citizens to public services. To this end on its website it will include the appropriate technical specifications and specifications.

4. The persons concerned shall submit a single application for admission stating, in order of preference, the centres in which they wish to be admitted, up to a maximum of six, to the director of the teaching centre who is first requested.

5. The application shall include, if the person concerned so wishes, the authorisation, in accordance with the model set out in Annex V to this order, in order to ensure that, in accordance with Article 84 of the Organic Law No 2/2006 of 3 May 2006, the educational administration is entitled to of the State Administration of Tax Administration the information of a tax character relative to the per capita income of the family unit. The authorization of the educational administration may be included for the telematic consultation of the municipal register at the National Statistics Institute and/or the respective municipality and, where appropriate, the consultation of the respective Department when it is alleged disability of the student or his or her family members or the family status. If the applicant chooses not to grant any of the said authorisations, he shall submit, together with the application for admission, a copy of the supporting documentation of the alleged situation. The authorisation model shall be adapted for each call in the event that any of the circumstances that are alleged cannot be verified by the Administration by means of telematics.

6. The application for admission may be lodged at the centre which is requested first, at the headquarters of the Commission for the Guarantee of Admission, in the register of the Provincial Directorate for Education, or through the website of the Provincial Directorate of Education, in which case the application shall be referred to the first of the centres included in the preference list. The centres shall forward to the Commission for the Guarantee of Admission, after the deadline for the delivery of applications, the list of applications received, in accordance with the information procedure established by the Provincial Directorate, for the identification of the possible duplication, in which case it shall be carried out in accordance with the provisions of Article 17.9. They shall also send such requests to the Commission in respect of the time limit.

7. The time limit for the submission of applications for admission to public or concerted educational establishments shall be that laid down in the calendar referred to in Article 5.

8. The directors of the Primary Education Centres shall forward to the Commission on Admission Guarantee the applications of the pupils who present special educational needs, in order to ensure that they are in school in the places reserved for them. effect.

Article 15. Admission criteria.

1. Where there are insufficient places in the centre to meet the existing demand, the admission process shall be governed by the following priority criteria, which shall in no case be excluded:

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

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

c) Per capita income of the 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, mothers, legal guardians or siblings.

e) They will have priority in the area of schooling that corresponds to the domicile or the place of work of any of their parents, mothers or legal guardians, those students whose new schooling is motivated by the transfer of the unit family, due to forced mobility or a change of residence resulting from acts of gender-based violence.

2. For the teaching of Baccalaureate, in addition to the above criteria, it will be attended to the academic record of the student.

3. According to Article 7.3 of Royal Decree 1621/2005 of 30 December 2005, which approves the Regulation of Law 40/2003 of 18 November, of protection for large families, the condition of a large family will be assessed according to what is set out in Annexes III and IV.

In no case shall there be discrimination on grounds of birth, race, sex, religion, opinion or any other personal or social condition or circumstance.

Article 16. Supporting documentation.

1. The application for admission shall be accompanied, in general, without prejudice to Articles 14 and 15, the following supporting documentation:

(a) A proof that the student brings together the age requirements required by the current legal system for the teaching and course to which he/she intends to access.

b) Original of the reservation certificate of the place provided by the center of origin, when it has not been carried out by means of telematics.

2. With optional character, for the purposes of the criteria set out in the previous Article, the supporting documentation shall be provided below:

(a) For the assessment of the existence of siblings registered at the same centre, the applicant shall not be required to provide any documentary evidence. The applicant shall only indicate this in the relevant paragraph of the application. For the purpose of assessing this criterion, it will be taken into account that the brothers, who give the right to score, must be in school with public funds and will continue to be in school in the course for which they are requested. square. Persons subject to guardianship, or legally constituted permanent or pre-adoptive family, within the family unit, shall be deemed to have the status of siblings.

(b) The mother, father or legal guardian shall be deemed to be working in the centre for which a place is requested when belonging to the teaching or employment establishment of the same centre.

c) The verification or constancy of the identity data, in accordance with the Royal Decrees 522/2006 and 523/2006, of 28 April, will be performed by the instructor of the process of admission whenever the interested party has consent. However, if the person concerned so wishes, he may prove that he is located in the home by the provision of a copy of the national identity document or the certificate of registration issued by the relevant municipal authority, or by means of a Equivalent document which, in the opinion of the competent body of the centres for the admission of pupils, serves to provide evidence of these circumstances.

(d) Where the place of work is raised, the home proximity shall be credited by the contribution of a copy of the employment contract, or a certificate issued for that purpose by the undertaking or centre of work in which the work is carried out. services. In the event that the employment activity is carried out on its own account, a copy of the document certifying the place where the activity takes place shall be provided.

For the purposes of the assessment of the home proximity, the habitual residence of the parents, mothers or legal guardians of the student will be considered as their domicile; when they live in different homes, they will be considered as in the case of the person who has assigned the guard and the legal custody of the person, with whom the student is habitually resident.

In the case of pupils who are escorted by boarding school, the residence will be considered as the student's home.

Baccalaureate students, who perform a work activity, may opt for the family home or their own, if they are older or are emancipated or, alternatively, for their place of work.

e) The information of a tax nature, necessary for the accreditation of the per capita income of the family unit, will be provided directly to the educational administration by the State Agency of Tax Administration, by means of computer or telematic means, preferably in accordance with Article 84 of Organic Law No 2/2006 of 3 May, subject to the authorisation referred to in Article 14 (4) and listed as Annex V to that order.

To the extent that the provision of tax information is made possible by the indicated medium, applicants will not be required to provide certificates or copies of their income statements. In such cases, those documents shall be replaced by a statement responsible for the person concerned that he fulfils his tax obligations, as well as for the express authorisation signed by all the members of the family unit who provide income to the for the State Tax Administration Agency to provide information to the Education Administration.

In cases of marriage annulment, separation or divorce shall be deemed to be the income of the person exercising custody, and of the father or mother and all children living with one or the other on the assumption that this custody is shared.

In the event of impossibility of the mentioned route or of the refusal of the interested party to authorize the supply of the information by the State Agency of Tax Administration, it must be provided copy of the Tax on the Income of the Physical Personnel corresponding to the previous fiscal year in two years of the calendar year in which the school square is requested, sealed by one of the offices of the aforementioned Agency.

In the event that the aforementioned tax documentation is not provided, zero points shall be attributed to the criterion of the family income of the scale, unless it is credited, by means of certification issued for the purpose by the Agency. State of Tax Administration, not to be obliged to present the corresponding declaration to that Administration. This certification shall be accompanied by an affidavit of income of the applicant, as well as the declaration, or equivalent document, where the number of members of the family unit is reflected.

Exceptionally, and if a substantial deterioration in the economic situation of the household could change the per capita income score, it may be possible to provide evidence showing the new economic circumstances of the applicant in place of the required fiscal year.

f) In the event of impossibility of obtaining the data directly by the educational administration or of the refusal of the person concerned to authorize the supply of the information by the corresponding organ of the public administration The certificate of the type and degree of disability issued by the competent public administration body shall be certified by the competent public authority, the disability concurrency in the students or their parents, mothers, legal guardians or siblings. In any case, to obtain a score for this paragraph, the legal recognition of the degree of disability of the affected person must be equal to or greater than 33%. For those valued prior to the procedure laid down in Royal Decree 1971/1999 of 23 December 1999, a procedure for the recognition, declaration and qualification of the degree of disability, as amended by Royal Decree 1364/2012, September 27, 2012, it must be accredited by the IMSERSO or by the corresponding department of the various Councils.

g) In the Baccalaureate, the academic record will be accredited by the timely personal academic certification, issued by the last of the centers where the student's studies are conducted.

h) The large family condition shall be justified by the submission of a copy of the corresponding official document, which shall be in force.

i) In specific cases of change of domicile due to forced mobility of the family unit or by change of residence resulting from acts of gender violence, the corresponding supporting documentation shall be provided.

3. The interested parties shall not be required to provide supporting documentation provided that the aspects to be credited may be verified by the institution itself or through any of the means mentioned in this Article, subject to authorization to the referred to in Article 14 (4) and set out in Annex V to this order.

4. The documentation, referred to in this article, can only be used for the process of admission of the students, and their use and custody are subject to the confidentiality established by the Organic Law 15/1999, of December 13, of Protection of Personal Data, and the provisions of the additional twenty-third provision of the Organic Law 2/2006, of 3 May, being the bodies responsible for the admission of the students, directors and the Commission of the Guarantee of Admission, the responsible and guarantors for the aforementioned use and custody.

Article 17. Assignment of vacancies and process completion.

1. The centres shall forward the applications received to the relevant Admission Guarantee Commission, after the deadline for the submission of applications for admission, in order to ensure that the Commission finds that each student has presented a single application. application for admission.

2. If there are sufficient places in the centre to attend all the applications received, all applicants shall be deemed to be eligible. The Centre shall inform the Commission of the Admission Guarantee of the number of vacant places initially offered, the number of seats covered and the vacancies to be filled.

3. In centres where the number of applications for a given teaching is higher than the number of places available to it, the competent bodies for the admission of pupils shall proceed to the scale of all existing applications, in accordance with the relevant scale for that teaching set out in Annexes III and IV to this order; they shall accept applications, ordered on the basis of the score obtained and, if necessary, of the criteria for the tiebreakers, up to cover existing places.

4. The President of the Commission for the Guarantee of Admission shall communicate to the secondary education centres the vacancies which occur on them, when pupils who reserve in them, by virtue of their membership, have obtained a new place in another Member State. center.

5. Those pupils from multiple-registered centres who did not obtain a place in the centre requested in the first place will retain their preference for such a centre for other applicants who are not attached to the same centre.

6. To this end, the President of the Commission for the Guarantee of Admission shall convene the representatives of the bodies responsible for the admission of pupils from all the centres of primary and secondary education to determine the new vacancies resulting from this process on each of them.

7. After completion of the vacancy allocation process, the director of each centre shall decide within five calendar days on the admission of the applicants and shall proceed to the publication in the bulletin boards of the centre of the lists of pupils. admitted and not admitted, in which the score assigned to each student must be recorded by the different criteria laid down in Article 15, as well as the total score obtained. This information will be available on the center's website.

Provisional lists may be the subject of a complaint to the head of the teaching centre for a period of three working days. On the expiry of that period, the final lists shall be submitted and forwarded to the Commission for Admission to the Commission within the maximum period of 48 hours.

The director of the center will forward to the Commission of Admission Guarantee the applications of those students who have not obtained a place in the first of the requested centers, together with the documentation that accompanies them.

8. If the application files are received from the non-admitted students, and the preferences expressed by the applicants are given, the Commission on Admission Guarantee will award the vacancies on the basis of the scores and of the choices made by the parents, mothers or legal guardians or by the older or emancipated students themselves, within the maximum period of three working days, counted from the time of receipt of those applications. Priority shall be given to the award of those in which other centres of preference are included.

9. Applications for pupils who have submitted more than one application at different centres will be met, in accordance with the above criteria, at the end of the whole process. After this phase has been completed, and if no requests remain, the Provincial Directors of the Ministry of Education, Culture and Sport will take the necessary measures, within their territorial scope, to ensure the admission of all the students.

10. In accordance with Article 42 of Law No 30/1992 of 26 November 1992 on the Legal System of Public Administrations and the Common Administrative Procedure, the Director of the Centre shall be obliged to issue an express decision in all procedures and to notify the parties concerned within the time limits referred to in paragraph 7 of this Article. After two months of the maximum period laid down in that paragraph, the application for admission shall be deemed to be estimated, in accordance with Article 43 of Law No 30/1992, of 26 November.

11. Agreements and decisions on the admission of pupils of the directors of the public institutions and of the Commission of the Guarantee of Admission may be the subject of an appeal within 1 month before the Provincial Directors of Education, whose resolution will end the administrative path.

12. In the case of concerted centres, decisions on the admission of students to the holders may be the subject of a complaint by the persons concerned within 1 month before the Provincial Directors of Education, whose resolution shall end to the administrative route. Where such a complaint is lodged with the holder of the concerted centre, the latter shall send it to the Provincial Education Directorate within three days, with its report and a complete and orderly copy of the file.

Article 18. Enrolment of pupils.

1. The Primary Education Centres, completed the admission process, will refer to the Secondary Education Centre where the pupils have obtained the academic documentation and the pupils ' supplementary information.

Parents, mothers or legal guardians, or older or emancipated students, will formalize the tuition in the time limits determined by the Provincial Directorate.

2. The first registration of a student will apply for those documents certifying the age requirements, only if they have not been previously provided when the application for admission is formalized, and the academic requirements demanded by the student. legal order in force for the teaching and course to which it is intended to be accessed.

3. Where no admission process is required, the documentation referred to in the preceding paragraph shall be referred to the public from one centre to another.

4. If the registration period referred to in paragraph 1 has not been completed, the right to the place obtained by both the admission procedure and the reservation procedure shall not be formalised.

Article 19. Competent bodies for the admission of students and protection of the procedure.

1. The director of the school, after informing the School Board, has the competence to decide the admission of students in the public centers, within the strict compliance with the general rules on admission defined in this order. In the concerted centres the holders will be responsible for such compliance, corresponding to the School Board.

2. The director or holder of the centres may obtain from the applicants the additional documentation necessary for the justification of the situations and circumstances alleged, provided that it is essential for the correct application of the criteria contents in this order.

3. The Provincial Directorates of Education, through the Education Inspection Services, shall coordinate the actions to be performed by the centres, without prejudice to the powers assigned to the Commission for the Guarantee of Admission.

4. The Provincial Directors shall take all necessary measures to facilitate the Commission of the Admissions Guarantee, the Education Inspection Service and the directors of the centres, the appropriate means and advice for the correct process development.

Single additional disposition. Generic references.

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

Single transient arrangement. Procedures.

As long as the computer procedure referred to in this order is not determined, the Provincial Directorate must guarantee the necessary mechanisms to carry out the process of admission of students.

Single repeal provision. Regulatory repeal

Order EDU/770/2010 of 23 March 2010, which regulates the admission of students to the public and private institutions in the second cycle of early childhood education, primary education, the secondary education and the high school in the cities of Ceuta and Melilla.

Final disposition first. Application.

The head of the Secretariat of State for Education, Vocational Training and Universities is hereby authorised to make any decisions to implement the provisions of this order and to fix the deadlines provided for in the same.

Final disposition second. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, April 22, 2015. -Minister of Education, Culture and Sport, José Ignacio Wert Ortega.

ANNEX I

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ANNEX II

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ANNEX III

Child, primary, and secondary education required

Points

Criteria

1. Existence of enrolled siblings or parents, mothers, or legal guardians working at the center:

1.1 By siblings enrolled in the center1

8

1.2 By parents, mothers, or legal guardians working in center2

2. Proximity to the home3 or place of work of parents, mothers, or legal guardians:

2.1 Family address within the area of influence where the requested center is located.

8

2.2 Place of work of any parent, parent, or guardian legal, located within the influence area where the requested center is located.

2.3 Family Home or Place of Work for any parent, parent, or legal guardian, located in the areas bordering the area of influence in which The requested center is located.

2

3. Family unit per capita income:

3.1.a) Rentas equal to or below the interprofessional minimum wage

3.1.b) Rentas between one and two times the interprofessional minimum wage

0.5

3.2 Parents, mothers or legal guardians recipients of the Minimum Income Income (excludes the previous two).

1

4. Disability concurrency (pupil, siblings, parents or legal guardians):

4.1 Disability in the pupil itself from 33%

2

4.2 Disability of siblings, parent or guardian/legal4 from 33%

1

Supplementary Criteria

. Large family situation:

5.1 Special character

2

5.2 General character

1

1 It will only apply when, at the time of application for admission, the sibling or siblings enrolled in the center are enrolled in a sustained course with public funds from the requested or the the centre to which it is attached and will continue in the course of the next course.

2 Is incompatible with criterion 1.1.

3 The address in which the student habitually lives is understood.

4 In case you live with the student.

Documentation

6.1 Credit documentation of the address, if any: DNI or residence card, or certificate of matching registration at home.

6.2 Accredited documentation for forced mobility, gender-based violence, etc.

6.3 Supporting documentation of the income of the family unit or the Minimum Income of Insertion.

6.4 Disability Certificate.

6.5 Large family certificate.

tiebreaker criteria

The draws which, if any, are produced shall be addressed by applying, in the established order and up to the time of the break-off, the priority criteria set out below:

a) Higher score obtained in paragraph 1.

b) The highest score obtained in paragraph 2.

c) The highest score obtained in paragraph 3.

d) The highest score obtained in paragraph 4.

e) Allocation by public draw before the School Board of the Center.

ANNEX IV

Baccalaureate

Mean Note equivalent to Notable

Points

Criteria

1. Existence of enrolled siblings or parents, mothers, or legal guardians working at the center:

1.1 By siblings enrolled in the center1

8

1.2 By parents, mothers, or legal guardians working in center2

2. Proximity to the home3 or place of work of parents, mothers, or legal guardians:

2.1 Family address within the area of influence where the requested center is located.

8

2.2 Place of work of any parent, parent, or guardian legal, located within the influence area where the requested center is located.

2.3 Family Home or Place of Work for any parent, parent, or legal guardian, located in the areas bordering the area of influence in which The requested center is located.

2

3. Family unit per capita income:

3.1.a) Rentas equal to or below the interprofessional minimum wage

3.1.b) Rentas between one and two times the interprofessional minimum wage

0.5

3.2 Parents, mothers or legal guardians recipients of the Minimum Income Income (excludes the previous two)

1

4. Disability concurrency (pupil, siblings, parents or legal guardians):

4.1 Disability in the pupil itself from 33%

2

4.2 Disability of siblings, parent or guardian/legal4from 33%

1

5. Academic record (referred to last completed course):

5.1 Average note equivalent to Outstanding

3

5.3 Note average equivalent to OK

2

Complementary Criteria

6. Large family situation:

6.1 Special character

2

6.2 General character

1

1 It will only apply when, at the time of application for admission, the sibling or siblings enrolled in the center are enrolled in a sustained course with public funds from the requested or the the centre to which it is attached and will continue in the course of the next course.

2 Is incompatible with criterion 1.1.

3 The address in which the student habitually lives is understood.

4 In case you live with the student.

Documentation

7.1 Credit documentation of the address, if any: DNI or residence card, or certificate of matching registration at home.

7.2 Accredited documentation for forced mobility, gender-based violence, etc.

7.3 Supporting documentation of the income of the family unit or the Minimum Income of Insertion.

7.4 Disability Certificate.

7.5 Large family certificate.

tiebreaker criteria

The draws that, if any, are produced would be directed by applying, in the order established and up to the time the tiebreaker occurs, the criteria set out below:

a. Higher score obtained in paragraph 1.

b. Higher score obtained in paragraph 2.

c. Higher score obtained in paragraph 3.

d. Higher score obtained in paragraph 4.

e. Higher score obtained in paragraph 5.

f. Allocation by public draw to the School Board of the Center.

ANNEX V

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