The Community of Madrid has approved Law 1/2022, of February 10, with the purpose of guaranteeing the free choice of educational center set forth in article 27 of the Spanish Constitution, taking into account the demands of society and integral development of students and, specifically, of those with special educational needs.
Right to education and equal opportunities
The rule dedicates its Preliminary Title to the provisions of a general nature. As it is stated as the object of the Law to ensure and guarantee a quality education in conditions of equal opportunities in the right to education, guaranteeing respect for constitutional rights and freedoms and that the exercise of freedom of choice of school. It also defines what, for the purposes of the regulation, is recognized as the right to education and equal opportunities, freedom of choice of educational center, attention to students with special educational needs and more inclusive education modality.
Regarding these students with special educational needs, consider schooling in ordinary educational centers, in special education units in ordinary centers, in special education centers or in the combined modality as the most inclusive education modality, taking into account the situation of each student and the best interests of the minor, in order to achieve the maximum possible development of the student's abilities and their inclusion in society.
The rule will guarantee free compulsory education, in accordance with the provisions of LOE 2/2006 and will promote free progress in the stages of compulsory education.
General principles
It also collects the general principles on which the text is based, divided into two sections, one that includes those referring to the freedom of choice of center, and another relative to the principles that protect the attention of students with special educational needs.
In the first of the sections they point out the right to education, equal opportunities, the right to receive instruction in Spanish, the plurality of the educational offer, educational excellence, the commitment of families and information transparency.
The principles related to the attention to students with special educational needs are based especially, for their part, on those of normalization, inclusion, non-discrimination, and effective equality in access and permanence in the educational system.
Single-sex teaching
The text indicates that, without prejudice to the provisions of additional provision 25, section 1, of LOE 2/2006, in its wording given by Organic Law 3/2020, of December 29 (the so-called Celaá Law), no constitutes discrimination the admission of students or the organization of education differentiated by sex, so that the education they provide develops in accordance with the provisions of article 2 of the Convention on the fight against discrimination in the field of education, approves by the General Conference of UNESCO on December 14, 1960, in article 2 of the aforementioned LOE 2/2006 and in article 24 of Organic Law 3/2007, of March 22, for the effective equality of women and mens .
freedom of choice of center
The law regulates the right to education and the freedom to choose a school, guaranteeing the right to free quality basic education and possible freedom to choose a center in the territory of the Community of Madrid.
The regional legislator chose to establish a regime for the exercise of the freedom of choice of the center supported by public funds based on the results, which are considered fully satisfactory, obtained from the implantation in the territory of the Community of the educational area, where it included a simplification of the schooling process by eliminating territorial zoning.
educational meetings
The text also regulates the possibility of making effective the right to equal opportunities in access to free basic education and freedom of education through the recognition of the concert regime by private centers. It provides that the existence of sufficient places will be guaranteed for all the teachings declared free of charge, contemplating the possibility that in the Community of Madrid it is possible to call public tenders for the construction and management of concerted centers of a public nature only for provision.
The law guarantees free compulsory education that is taught in private centers supported by public funds.
Students with special educational needs
Title II, relating to students with special educational needs, conforms to six chapters. The first establishes that the schooling of students with special needs will be, in general, in ordinary centers, and that only when the needs of the students cannot be adequately met in said centers will it be resolved in special education centers, in specific education units. in ordinary centers or in the combined education modality.
It also regulates the evaluation and promotion standard for students with special educational needs, including aspects such as early identification, initial evaluation, psycho-pedagogical information, the school enrollment ruling and the promotion of students.
The law relates the actions that, in relation to these students, must be undertaken by the educational administration of the Community of Madrid and educational centers. Among the first, guaranteeing adequate schooling for students with special educational needs, taking into account the supply of school places in funds supported by public funds and providing education centers supported by public funds with the necessary resources to offer an equitable and quality education. .
The resources, training plans and the promotion of educational innovation in educational centers that enroll students with special educational needs are also included in the text, which specify the material and human resources that said centers must have.
The participation of families is also subject to regulation. It is based on the principle of shared effort and will materialize in collaboration in the decisions that affect the schooling of these students. The right to know and be informed about the curricular contents of the subjects and the educational teaching-learning processes is recognized, as well as the contents and procedures of the complementary, extracurricular activities and the complementary services that are going to be imparted.
Finally, the standard regulates aspects related to coordination, orientation and evaluation. Coordination will be carried out between the staff who work in the same educational center, in different educational centers, or with professionals from entities, associations and non-profit organizations that serve students with special educational needs.
The third additional provision of the Law provides that its content will be applicable to our private centers supported with public funds, provided that it does not contravene the provisions of Title I of Organic Law 8/1985, of July 3, regulating of the Right to Education, and the requirements of Chapter III of Title IV and Chapter II of Title V of LOE 2/2006.
entry into force
Law 1/2022, of February 10, entered into force on February 16, 2022, the day after its publication in the Official Gazette of the Community of Madrid.
