The Ministry challenges the Ministry again taking advantage of a loophole in the royal decree to ignore the precepts of the education law
The regional government remains determined to reverse the education reform mandated by the central government’s Lomloe and ignore its most prominent mandates. The Ministry of Education, defying the Ministry, maintains in its normative development the limit of failures to pass the course that the law eliminates, and imposes an average of 5 for graduation that the state norm does not contemplate either. The Lomloe, which enters into force next year, establishes in a strict way that there is no longer a limit of failures to pass the course in ESO.
According to state law, the decision on promotion will be adopted by all the student’s teachers “according to the degree of achievement of the objectives and the acquisition of the established competences and the assessment of the measures that favor the progress of the student” . In her umpteenth challenge to the Government of Pedro Sánchez, the Minister of Education, María Isabel Campuzano, establishes in her normative development that the decision on whether the student should pass the course or not «will be adopted by a qualified majority of three quarters of the teachers» and will be recorded in the minutes.
In addition, it marks a limit to suspense. “Students will repeat the year when they have a negative evaluation in three or more subjects,” he points out, although “exceptionally” it allows the promotion of the student in these circumstances if the subjects failed are not both Language and Mathematics, if the teachers consider that the student he has favorable expectations of recovery and the promotion will benefit his evolution. Thus, the Region will not apply one of the mollar precepts of the educational reform and most valued by the central government, to maintain conditions very similar to those in force until now, those that marked the educational law of the PP.
The modifications that the regional government wants to introduce to nullify the Lomloe go further. The reform does not set a limit of failures to achieve the title of ESO, and only marks that students who, in the opinion of the teaching team, have achieved the objectives of the stage will achieve it. The Ministry of Education is more restrictive and adds more requirements in its regulatory development to limit graduation. It establishes that “students who pass all the subjects or fields taken” or have a minimum average grade of 5 will obtain the ESO graduate degree, a condition that is not required by the Celaá Law. In addition, and also contrary to state regulations, the Region will maintain the numerical qualifications.
The obvious challenge to state regulations does not collide, considers the Ministry of Education, with state legislation. The regional administration examined in detail the royal decrees of evaluation and development of ESO and found elements in its wording that, it considers, allow the regional administration to ignore the flexibility to pass the course that the reform seeks. As established by the ESO Royal Decree in the section on promotion, management teams will decide on promotion according to the criteria of the center’s educational project, depending on what is set by local administrations. That loophole, understands the regional government, allows the Ministry to set its standards, despite the fact that the Ministry’s royal decree on promotion does make it clear that it will be the teaching teams, regardless of the number of failures, who make the decision.
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