DECREE LAW 3/2022, of March 29, on access to data of the

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Norma afectada por31/3/2022LE0000724597_20220411R Parliament of Catalonia 313/XIV 6 Abbr. 2022 CA Catalonia (validation of DL 3/2022, access to data from local entities and the Department of Education for the application of measures aimed at students with specific educational needs) Hide / Show comments

See Res 313/XIV of the Parliament of Catalonia, on the validation of Decree Law 3/2022, on access to data from local entities and the Department of Education for the application of measures aimed at the detection and balanced distribution of students with specific educational needs (DOGC April 11).

LE0000723569_20220331See Res 313/XIV of the Parliament of Catalonia, on the validation of Decree Law 3/2022, on access to data from local entities and the Department of Education for the application of measures aimed at the detection and balanced distribution of students with specific educational needs (DOGC April 11). LE0000724597_20220411

President of the Government of Catalonia

Article 67.6.a) of the Statute of Autonomy of Catalonia establishes that decree laws are promulgated, on behalf of the king, by the president of the Generalitat.

Accordingly, I enact the following

DECREE LAW

Exhibition of motivations

Title II of Organic Law 2/2006, of May 3, on education, regulates equity in education. Article 81 establishes that it corresponds to the educational administrations to ensure preventive and compensatory action and guarantee the most favorable conditions for the schooling of all children, whose personal or social conditions suppose an initial inequality to access the different stages of education. It must be ensured that there is no discrimination or segregation and that there is effective equality in access and permanence in the educational system. To achieve this, the educational administrations must adopt the necessary measures to act preventively with the student in a situation of socio-educational vulnerability in order to favor their school success.

The Organic Law also establishes that the administrations guarantee an adequate and balanced schooling of the student with the specific need for educational support and will have the necessary measures to avoid the segregation of the student for socioeconomic and other reasons.

For its part, Law 12/2009, of July 10, on education, establishes in article 2 the guiding principles of the educational system. Between the general principles of school inclusion and social cohesion, and between the organizational principles of the stable educational system, cooperation, cooperation and co-responsibility with the municipalities and other public administrations.

To comply with the provisions of state regulations and the regulations of Catalonia, Decree 11/2021, of February 16, on the programming of the educational offer and the admission procedure in the centers of the Education Service of Catalonia, incorporated, in chapter 2, the creation of the participation bodies between the educational community, the local Administration and the Department of Education in the programming of the educational offer and in the admission process, with special relevance to the local planning boards, the participatory committees and detection units. Likewise, in the fight against school segregation and for equity, the admission guarantee commissions and the municipal school enrollment offices play a fundamental role.

Chapter 6 of Decree 11/2021, of February 16, is dedicated to school equity and the balanced schooling of the student in the teachings of the second cycle of infant, primary and secondary education.

In the fight against segregation, article 53 of Decree 11/2021, of February 16, establishes that it corresponds to the Department:

• a) Evaluate annually the levels of educational segregation existing at the local level, and if so, the low question of where the loss of students is in certain centers, within the framework of the local educational planning boards, with the aim of developing and applying the management measures of the admission process or of improvement of the conditions of schooling that proceed.
• b) Assess the admission procedure in attention to the indicators related to the impact on the reduction of school segregation.
• c) Recognize sober information on the social characteristics of students, necessary for the purpose of identifying socially vulnerable students for the fight against educational segregation and to favor equal opportunities.

Fighting school segregation is necessary and an obligation of step because it supposes a vulnerability of the right to education with equal opportunities, protected by the Convention on the rights of the child of the United Nations. This fight against school segregation consists of ensuring that schools in the same area have a similar social composition among them and equivalent to the territory where they are located. The school must reflect the social mix (interclass, intercultural, etc.) that occurs in the territory.

It is the responsibility of the local planning boards to adopt the specific measures to promote school equity and social cohesion that were established in Decree 11/2021, of February 16, as a means of reducing school segregation in the municipality. It is for this reason that the Department of Education, through the local planning boards, the admission guarantee commissions and the detection units, must nevertheless be able to have access to the data of the local entities of the families with children in age of schooling and in a situation of vulnerability, which allows achieving the objective against school segregation specified in the descriptive part of this Decree Law through the detection of specific educational needs derived from socioeconomic and sociocultural situations.

The bidirectional exchange of information between Administrations with educational competencies improves and speeds up the processes to execute the competencies that allow them a better personal development in conditions of equity and inclusion. The powers of the local registrations that the regulations grant justify the need for the Department of Education to incorporate the necessary data from the Registry of Students of Catalonia, for the exercise of powers in terms of planning and prevention of school segregation.

School segregation is an inescapable reality that becomes a clear factor of inequality for the most vulnerable minors that the Educational Administration has the need to combat at all levels. The application of Decree 11/2021, of February 16, in the context of the emergency situation caused by the epidemic outbreak of COVID-19 and the increase in the rate of risk of poverty or social exclusion, has shown the extraordinary need to fight school segregation as soon as possible, before the student body is in a situation of educational disadvantage and at the time of entry into the educational system of each group of minors.

Likewise, only an urgent regulation allows that in the next academic year 2022-2023 school segregation and the promotion of school equity and social cohesion can be reduced through the proposed collaboration, since any other procedure will entail delaying its application. between one and two school years. The existing legislative instruments of urgency or rapid processing, such as urgent processing or processing by single reading, do not allow the measures established in this Decree to be approved with immediate need. The only regulatory instrument that allows approval with the required speed is the Decree Law.

Therefore, in use of the authorization granted by article 64 of the Statute of Autonomy of Catalonia, in accordance with article 38 of Law 13/2008, of November 5, of the Presidency of the Generalitat and the Government;

At the proposal of the Minister of Education and with the prior deliberation of the Government,

Decree:

Article 1 Object

The exchange of data between the Department of Education and local entities is enabled, through the participation bodies in the programming of the educational offer and in the admission process, such as detection units.

Article 2 Data of local entities

The Department of Education is empowered, through the participation bodies in the programming of the educational offer and in the admission process, such as the detection units, to access the data of the local entities of Catalonia of the families with children in Age of compulsory schooling, necessary data to guide the detection of students with specific educational needs derived from socioeconomic and sociocultural situations. These data, which are obtained without the consent of the interested parties, are those of an identification nature, those of contact and those related to the vulnerability indicators that are listed below:

• – Families with children of compulsory school age cared for by social services in the last 24 months.
• – Families with children of compulsory school age who receive social assistance in which the income threshold for which the discount is placed is below the sufficiency income indicator for Catalonia (IRSC).
• – Families with children of compulsory school age in a situation of residential exclusion cared for by social services.
• – Families with children of compulsory school age who are beneficiaries of housing rental aid.
• – Families with children of compulsory school age of foreign nationality in a non-regularized residence situation (without a residence permit).

Article 3 Data from the Department of Education

The Department of Education is empowered, through the participation bodies in the programming of the educational offer and in the admission process, such as the detection units, to deliver the data to the local entities for the exercise of powers in planning matters and prevention of school segregation. Data will be provided through specific extractions from the information systems:

• – Personal characteristics data:
  • Sex.
  • Year of birth.
  • Nationality.
  • Without birth.
• – Dates of residence:
  • Type of public road.
  • Public road number.
  • Public road number.
  • Municipality of residence.
  • Postal Code.
• – Educational data:
  • Educational center code.
  • Enrolled teaching code.
  • Level of education enrolled.
  • Existence of specific educational support needs (yes/no).

Type of specific needs for educational support related to family, social, cultural or economic situations or social disadvantage.

Article 4 Confidentiality and data security

1. The entities responsible for communications must apply the techniques, measures and organizations appropriate to the sensitive nature of the information, to guarantee and periodically verify the confidentiality, integrity, traceability, availability and authenticity of the information, and also the exercise of rights and the duty to inform interested persons.

2. The information systems that contain the data of students and their families have to apply access control mechanisms by user profile that keep the traceability of these queries.

3. The data established in articles 2 and 3 of this Decree Law may only be accessed by persons expressly authorized by reason of the functions attributed to them and are bound by the duty of confidentiality.

Final disposition

This Decree Law will enter into force on the same day of its publication in the Official Gazette of the Generalitat de Catalunya.

Therefore, I order that all citizens to whom this Decree Law applies cooperate in complying with it, and that the corresponding courts and authorities enforce it.