Spanish Educational System: Equality and Equity in Education
The Spanish Educational System: A History of Equality and Equity
Early Legislation and Constitutional Rights
The General Education Act of 1970 provided free and compulsory schooling up to 14 years of age, including the first level of vocational training. It also aimed to ensure equal opportunities in post-compulsory education through financial aid for students in need. Chapter IV addressed adult education, and Chapter VII focused on special education, with particular attention to gifted students and those facing societal integration challenges.
Following the Constitution of 1978, Spain embarked on building a democratic and socially just society. Article 14 guaranteed equality before the law without discrimination, while Article 27 outlined the right to education, shaping subsequent legislation.
Addressing Social Inequalities in Education
The Royal Decree of April 27, 1983, introduced measures to compensate for social inequalities in education. It aimed to reduce school failure among disadvantaged students through programs targeting rural areas, youth, students with learning difficulties, ethnic and cultural minorities, and itinerant populations.
The Royal Decree of July 28, 1983, regulated grants and assistance for students in non-compulsory education, enabling access and continuity for those with demonstrated abilities but lacking financial resources. It provided special assistance for preschool, basic general, and vocational training.
The Right to Education Act (LODE) of July 3, 1985, recognized the constitutional right to education for all Spanish citizens and foreign residents, acknowledging that this right could be limited by social, economic, or residency-based discrimination.
Title V of the LODE focused on compensating for educational inequalities, obligating authorities to develop actions for disadvantaged individuals and social groups.
The LOPEG identified students with special educational needs associated with disadvantaged social or cultural situations and emphasized equal treatment in accessing publicly funded centers.
The Royal Decree of February 28, 1996, on compensatory actions, required education authorities to provide the necessary resources to guarantee the right to education.
The LOCE, in its seventh chapter of Title I, addressed the care of students with special educational needs (SEN) and included a section dedicated to equal opportunities for quality education.
The Organic Law on Education (LOE) of 2006
Title II, Chapter II of the LOE focused on compensating for educational inequalities to realize the principle of equality in exercising the right to education. Public administrations were tasked with developing compensatory actions for individuals, groups, and geographical areas facing disadvantages. The law also reinforced the education system’s role in avoiding inequities arising from social, economic, cultural, geographical, ethnic, or other factors.
Ensuring Fairness and Inclusion
To ensure fairness, Title II of the LOE addressed student groups requiring specific educational support and provided the necessary resources for their full inclusion and integration.
The law promoted an inclusive approach to education, recognizing it as essential for the development of all students, promoting equity, and contributing to greater social cohesion.
Specific Measures and Programs
The LOE ensured favorable schooling conditions in Infant and Primary Education, including unique measures in certain centers and guaranteeing free school places. Centers were required to provide human and material resources.
The law also addressed inequalities through specific programs in schools and geographical areas requiring compensatory education. It provided scholarships and study aids to guarantee the right to education for students with unfavorable socioeconomic conditions.
Equal opportunities were promoted in rural areas, allowing children to enroll in adjacent areas and providing transportation, dining, and/or boarding services.
Scholarships and study grants were provided for post-compulsory education, taking into account school performance. The government regulated the terms and amounts of these grants.