The “Celaá Law” enters into force and the opposition threatens to take it to court

a is a reality that the new educational law, the LOMLOE, has entered into force this week, specifically, on Tuesday, January 19. The reactions have not been long in coming in a context marked by the growing increase in the number of infections of the third wave and a return to face-to-face classrooms that is more convulsive than expected. Despite its recent approval, this does not imply that the changes in the measures will be carried out immediately, but rather that the Law itself specifies when each of them will be implemented. In fact, its complete development will not end before mid-2024. In this sense, 20 days after publication in the BOE, the modifications related to the participation and powers of the School Council, the Senate, center directors, the autonomy of educational centers, the selection of the director in public centers and the admission of students. There are five Autonomous Communities that have already raised their voices and intend to circumvent the law: Galicia, Murcia, Madrid, Castilla y León and Andalusia.

Apart from what will already come into operation, there are other issues that will apply later. Thus, as specified by the regulation, at the beginning of the 2021-2022 academic year, the modifications introduced in the evaluation and promotion conditions of the different educational stages will be implemented; the modifications introduced in the conditions of qualification of Compulsory Secondary Education, training cycles of Basic Degree and Baccalaureate; the qualification of the professional teachings of music and dance; and the requirements for access to the different courses.

In this way, everything related to the changes in the curriculum, the organization and objectives of Primary Education will be implemented for the 1st, 3rd and 5th courses in the school year that begins one year after the entry into force of the Law, and for the 2nd, 4th and 6th years in the course that begins two years after said entry into force. As for the changes of Baccalaureate, they will be carried out for the 1st year of the school year next year and for the 2nd year within two years. Regarding the modifications in the Basic Degree training cycles, they will be implemented next year and the 2nd course of the same cycles in two years. In the 1st year the offer of compulsory modules of the pre-existing Initial Professional Qualification Programs will be eliminated and in the 2nd year the offer of voluntary modules will be eliminated.

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The modifications that are introduced in article 38 of this Law, related to access and admission to the University, will be applied in the school year in which the 2nd year of Baccalaureate is implemented. Finally, the diagnostic evaluations referred to in articles 21 and 29 of Organic Law 2/2006, of May 3, on Education, will begin to be applied in the school year in which the 4th grade of Primary Education is implemented. and 2nd ESO.

Changes

Among the most outstanding innovations, this law offers an increase in public places in education from 0 to 3 years, a “sufficient” offer of public places; that the subject of Religion does not count for the average grade; the prohibition that subsidized schools segregate by sex; or the transfer of public land exclusively for the construction of publicly owned centers. One of the most popular modifications was the fixing of the “exceptionality” of the repetition of the course or the referral of students from Special Education centers to ordinary centers within a period of 10 years.

Said norm suppresses the reference to Castilian as “official language of the State” and the consideration of “vehicular languages” both of Castilian and of the other co-official languages. This measure was harshly criticized by the opposition, despite the fact that the Executive insists that Spanish was not established as a vehicular language until the “Wert Law” of 2013 and that it will not entail any change in practice. However, the opposition sees this modification as a concession to the independence movement to gain their support for the General State Budget. This controversy caused the PP, Vox and Cs to announce that they will appeal the new rule to the Constitutional Court. The concerted sector, represented by the Plataforma Más Plurales, led the six protest rallies against the LOMLOE during the months of November and December, to which thousands of people joined.

It is not new for this regulation to receive criticism, much less once it has been approved. Since last Tuesday, many voices have wanted to join the fight against this new law. One of the first to speak out was the Andalusian Minister of Education and Sports, Javier Imbroda, who has insisted that this rule is “doomed to failure.” For the counselor, the LOMLOE “has been processed without dialogue, and an educational law that is processed without dialogue is doomed to failure.” He has expressed concern about the change in education that occurs every time a new government arrives in Spain and has ensured that teachers in Andalusia have all the legal guarantees and legal protection to carry out their work in the most normal conditions. possible. “Education should be something sacred, and not an instrument to be removed and put on by parties of different ideologies,” he concluded.

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The PP plans to go to the Constitutional Court with the new education law

For its part, Vox proposed taking this new law to court, since education is one of the powers transferred to the autonomous communities. For Rocío Monasterio, spokesperson for this political force in the Madrid Assembly, “there are more than enough reasons to present this appeal of unconstitutionality by the Community of Madrid, considering it not in accordance with the Constitution, since it unduly limits and disproportionately disproportionate rights of the people of Madrid”. However, the move did not go as expected since both the Table and the Board of Spokespersons of the Assembly refused to fully carry out their request. For Vox, the Celaá Law completely violates the fundamental right to freedom of education contained in article 27 of the Constitution and intends to “impose an education on children that is contrary to the fundamental principles and rights recognized by the Constitution in a clear and prominent way insofar as concerted, differentiated, special and Spanish education”.

The Law, to the Court

The most expected reaction came from the opposition party which, coinciding with the day this law came into force, confirmed that it will appeal to the Constitutional Court and will go to Europe. “Today the unfair Celaá Law begins”, this is how the PP affirmed the new change in the educational area and it was the leader himself, Pablo Casado, who announced that the PP would go to the Constitutional Court and that the communities where his party governs “would advance” this process to circumvent the rule. “We will legislate from the CCAA to avoid its ravages; we will go to the TC and the EU; and we will repeal it when we reach the Government of Spain” affirmed the PP.

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Along the same lines, the spokesperson for the Popular Group in Congress, Cuca Gamarra, pointed out that this law comes into force with “great social rejection” adding that it goes “against freedom, the structure of a country and the future of Young”. The deputy secretary of Communication of the PP, Pablo Montesinos, also joined the statements, noting that this regulation will last “as long as Casado takes to reach the Government”, making it clear what the plans of the political force are.

The Community of Madrid has not taken a single day to get down to work and President Isabel Díaz Ayuso has already started the processing of the Master Law on Educational Choice Freedoms, through which she will try to counteract the effects of the LOMLOE in its territory.

The minister proposes a “facelift” to Vocational Training

Isabel Celaá said yesterday that a “facelift” must be done to Vocational Training in Spain and that she is working on it with the new FP law that she is preparing. The minister specified that she is working on the Vocational Training legislation with more than 300 companies, social partners, autonomous communities and political parties.

The goal is to promote “structural reforms.” The future law will include the “integrated” VET system like the one she developed when she was Minister of Education in the Basque Country, in order to “meet the needs of citizens who require training and intermediate qualifications.” She recalled that almost 48% of the jobs will require an intermediate qualification that workers do not have due to the stigma that exists towards VT in Spain and it is “absolutely crucial to promote them”, she stressed.

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