The 1978 Spanish Constitution established a decentralised and symmetrical state model that distributes the exercise of educational competences among all administrative levels, so that all the Autonomous Communities basically have the same competences.
Organic Law 2/2006 on Education (LOE) and Organic Law 3/2020 which modifies it (LOMLOE) establish the educational competences exercised by the Government and the Autonomous Communities and the distribution of these competences regarding the design of the curriculum for pre-primary education, primary education, compulsory secondary education (ESO), bachillerato, vocational training (VT) and specialised education.
The functions related to the proposal and execution of the Government's education policy are distributed among the following ministries: the Ministry of Education, Vocational Training and Sport (MEFD) for non-university education and sports education; and the Ministry of Science, Innovation and Universities (MCIU) for university education.
Consequently, educational competences are distributed between the General State Administration (MEFD and MCIU) and the autonomous communities (regional ministries or departments of education and regional ministries or departments of universities). In the cities of Ceuta and Melilla, in the case of non-university education, these competences are assumed by the MEFD itself.
Levels of curricular development:
With this decentralisation model, the curriculum of non-university education is drawn up in a set of levels of curricular development:
- The Central Administration (central level), through the MEFD, establishes, in relation to the objectives, competences, contents and assessment criteria, the basic aspects of the curriculum, which constitute the minimum teaching requirements for the whole State. In the case of vocational training courses, the learning outcomes are considered part of the minimum teaching. Additionally, it establishes 50 percent of the school timetables for the autonomous communities that have a co-official language and 60 percent for those that don’t. Also, within the framework of international cooperation in the field of education, it can establish mixed curricula of teachings from the Spanish education system and from other education systems, leading to the respective degrees. The autonomous communities (regional level) establish the official curriculum, which must include the minimum teaching requirements set by the MEFD. They also determine the percentage of the school timetables of the educational institutions within their area of management in order to guarantee the integrated development of all the competences in the educational stage and the incorporation of contents of a cross-curricular nature in all areas, subjects and fields. In addition, they must periodically review the curricula in order to adapt them to the advances in knowledge, as well as to the changes and new demands of their local area, of Spanish society and of the European and international context.
- Educational institutions (local level) develop and complete the curriculum of the different stages and cycles in the use of their autonomy; a specification set and approved by the teaching staff. The result is reflected in the school development plan.
- On the basis of the curricular specification of the educational institution, teachers create the classroom programme, adapted to the characteristics of their classroom and the needs of their students.
- The fourth level of curricular specification is the adaptation of teachers' classroom programmes to specific cases of pupils with specific educational support needs (article 71 of the LOE as amended by the LOMLOE). This fourth level can be included in the previous one, since classroom programmes must take into account the specific cases of specific educational support needs in order to develop the teaching-learning process.
The Ministry of Education, Vocational Training and Sports (central level)
Most of the powers in the field of education at central level are undertaken by the MEFD. Among its functions, the following should be noted:
- the proposal and execution of the Government's policy on education and vocational training in the education system and for employment, including all education system programmes except university education;
- the promotion of cooperation actions and international relations in the field of non-university education and vocational training for employment.
The education competences bestowed to the MEFD ensure the homogeneity and basic unity of the education system and guarantee the conditions of basic equality for all Spaniards in the exercise of their basic education rights, as laid down in Constitution.
Essentially regulatory in nature, these competences have to do with the regulation of the basic elements or aspects of the system (in the whole country), although the Ministry also has executive competences (in Ceuta and Melilla).
Organisation of the Ministry of Education, Vocational Training and Sports
Article 7 which defines the basic organisational structure of the Ministry of Education, Vocational Training and Sports, and Royal Decree 274/2024, which further develops it, establish that the MEFD has the following basic structure, with the following senior and executive bodies:
• the Secretariat of State for Education, to which the Directorate General for Evaluation and Territorial Cooperation and the Directorate General for Educational Planning and Management report;
• the Superior Sports Council;
• the Secretariat General for Vocational Training, to which the Directorate General for Planning, Innovation and Management of Vocational Training reports;
• the Under-Secretariat for Education, Vocational Training and Sports.
Detailed information on the ministerial structure can be found in the Organisational Chart of the MEFD.
The Secretary of State for Education is mainly entrusted with the following functions in educational matters:
- the organisation, evaluation and innovation of the studies integrating the Spanish education system, including all education with the exception of university education and vocational training, without prejudice to the competences of the Higher Council for Sport in matters of sports education;
- the teaching programme and management within its scope, the development and dissemination of education guidance from the regulation in force in the field of specialised education, and the basic academic organisation of their corresponding studies;
- the drawing up, planning and direction of the grants and scholarships policy, in coordination with the Ministry of Science, Innovation and Universities, as well as their management;
- the promotion of equality, co-education, non-discrimination and universal accessibility policies in the field of their competences;
- the promotion and coordination of the relationships with the autonomous communities and the local corporations in matters within its competence;
- the functions foreseen in current legislation corresponding to the High Inspectorate of Education;
- the establishment of the guidelines relating to the regulation of teaching staff in non-university education, in coordination with the General Secretariat for Vocational Training and the Undersecretary's Office.
The Secretary of State for Education is attached to the following collegiate bodies:
- the State School Council, a body for the participation of those sectors most directly related to the world of education. Its scope extends to the whole of Spain. The Council also carries out consultative, advisory and proposal work for the Government in relation to the different aspects of the education system;
- the Supreme Council for Artistic Education, a State consultative and participatory body regarding artistic education;
- the Sectoral Committee for Education, a meeting and deliberation body with the primary purpose of achieving maximum coherence and integration in the application of the decisions that, in the field of education policy, are issued by the State Administration and the autonomous communities;
- the State Observatory for School Coexistence, a collegiate body of the General State Administration with the mission, among others, of gathering information for the improvement of the school climate in educational centres, as well as analysing situations, making diagnoses and proposing measures to foster school coexistence.
The Superior Sports Council, on the other hand, preserves some educational competences only in the field of sports education.
The General Secretariat for Vocational Training, in turn, basically performs the following functions in educational matters;
- the observation of the evolution of vocational competences in their practical integration into the Vocational Training System, and the drawing up and updating of the National Catalogue of Standards of Vocational Competences, as well as the drawing up and proposal of the regulations linked to new standards of vocational competences;
- the organisation and regulatory development of the Vocational Training System, both within the educational system and for the active population, employed and unemployed individuals;
- the development of the curricular designs for vocational training in the Ministry's own area of management, as well as the definition of the basic space modules, facilities and equipment required for each training offer for said area, in collaboration with other bodies;
- the approval of equivalences of qualification scales for foreign vocational training diplomas and studies, and the standardization and validation of foreign studies in the field of vocational training, and the resolution of validations and equivalences of Spanish studies with the vocational training programmes in the Spanish education system;
- the elaboration and coordination of actions and regulations for the development of the Spanish Qualifications Framework (MECU);
- the organisation of the procedures for the assessment and accreditation of basic and professional skills acquired through work experience and non-formal and informal training;
- the coordination, collaboration and territorial cooperation relations with the autonomous communities, local corporations and other public administrations, in the field of vocational training and lifelong learning;
- the development of actions for the promotion and development of the career guidance guidance system within the Vocational Training System and the maintenance of portals, platforms and social networks to facilitate the exchange of information, experiences and resources in this field;
The following bodies report to the General Secretariat for Vocational Training: the Directorate General for the Planning, Innovation and Management of Vocational Training (as a management body), as well as the following bodies with an organic level of Sub-Directorate General:
- Subdirectorate General for the Organisation of Vocational Training;
- Sub-Directorate General for Dual Promotion and Relations with the Company;
- Sub-Directorate General for the Evaluation and Quality of the System.
The following also report to the head of the General Secretariat for Vocational Training:
- National Institute for Qualifications;
- Vocational Guidance and Lifelong Learning Unit.
As a body providing immediate assistance to the General Secretariat, there is a Technical Cabinet, with the assistance and support of the Sectoral Committee for Vocational Training for Workers and other bodies for cooperation between the State and the autonomous communities in the field of vocational training. Finally, the General Council for Vocational Training is attached to the Department.
Ministry of Science, Innovation and Universities (central level)
The MCIU is responsible for proposing and implementing government policy on university matters, including representation and participation in European Union and international bodies in this area.
Organisation of the Ministry of Science, Innovation and Universities
Royal Decree 472/2024 which develops the basic organic structure of the MCIU, establishes that this ministry has the following basic structure, with these executive bodies:
- General Secretariat for Research;
- General Secretariat for Universities;
- General Secretariat for Innovation;
- the PERTE Commissioner for Avant-Garde Health, with the status of Under-Secretary;
- the Directorate General for Planning, Coordination and Knowledge Transfer.
Detailed information on the ministerial structure can be found in the Organisational Chart of the MUNI.
The General Secretariat for Universities mainly fulfils these functions in the field of education:
- the development of university policies, in coordination with the Council of Universities;
- the planning, coordination and evaluation of the lines of action for university programmes;
- the organisation, programming and management of the actions that fall under the responsibility of the General State Administration in matters of university higher education;
- the management of operational programmes which are co-financed by European Union funds, within the scope of its competences;
- the promotion of student mobility within the European Union through the design, planning and, where appropriate, management of national action programmes or participation in the design and planning of European action programmes, through SEPIE, in collaboration with the Ministry of Education, Vocational Training and Sports, within the scope of its competences;
- the promotion of international mobility for students and university graduates outside the EU, in coordination with other specialised bodies and institutions, through the SEPIE;
- the direction and management of state actions in the area of the digitisation of the Spanish University System.
These are attached to the Ministry of Science, Innovation and Universities, through the General Secretariat for Universities:
- the Autonomous Body of the Menéndez Pelayo International University (UIMP);
- the Autonomous Body of the National Agency for Quality Assessment and Accreditation (ANECA);
- the Autonomous Body of the Spanish Service for the Internationalisation of Education (SEPIE).
The National University of Distance Education (UNED) is administratively related to the Ministry of Science, Innovation and Universities through the General Secretariat of Universities.
The institution Colegio de España en París is dependent on the Ministry of Science, Innovation and Universities through the General Secretariat for Universities.
Finally, the following units are dependent on the General Secretariat for Universities, at the sub-directorate general level:
- the Technical Office, as a body providing immediate support and assistance to the General Secretariat for Universities;
- the Sub-directorate General for Institutional Relations, Programmes and Quality in the University Sphere;
- the Sub-directorate General for University Teacher Training and Management of Aid Programmes;
- the Sub-directorate General for Degrees and University Organisation.
Ministry of Culture (central level)
The basic structure of the MCLT is defined by Royal Decree 323/2024, which establishes the basic organisational structure of the Ministry of Culture. The MCLT is structured into the following senior and executive bodies:
- the Secretary of State for Culture, which is responsible for the following management bodies:
- the Directorate General for Books, Comics and Reading;
- the Directorate General for Cultural Rights;
- the Directorate General for Cultural Heritage and Fine Arts;
- the Under-Secretariat for Culture, within which sits the General Technical Secretariat.
Detailed information on the ministerial structure can be found in the Organisational Chart of the MCLT.
The MCLT is responsible for proposing and implementing the Government's policy on the promotion, protection and dissemination of Spain's historical heritage, state museums and the arts, books, reading and literary creation, cinematographic and audiovisual activities and state books and libraries, as well as the promotion and dissemination of culture in Spanish, the promotion of cultural cooperation actions and -in coordination with the Ministry of Foreign Affairs, the European Union and Cooperation (MAUC)- of the international relations in the field of culture.
The education authority in the autonomous communities (regional level)
The regional ministries or departments of education are the public authorities in charge of the legislative development and management of non-university education in the jurisdiction of each autonomous community. In this respect, they feature the following characteristics:
- assume the regulation competences for developing the State regulations;
- regulate non-basic aspects of the education system;
- have executive and administrative competences for managing education in their own territory, except for those reserved to the State.
Meanwhile, the regional ministries or departments of universities of the public administrations are in charge of coordinating university education in the territory of each autonomous community.
Competences of the autonomous communities in terms of non-university education
The autonomous communities are responsible for the following educational competences in the field of non-university education in their territory:
- the technical inspectorate service on education;
- the administrative ownership of the schools, the functions derived from it and the competences to create and/or authorise and operate public and private educational institutions;
- the elaboration, approval and execution of reform, facilities and new construction projects;
- the staff administration;
- the design, approval and development of experimental and pedagogical research plans;
- the development of the State provisions regarding the organisation of education and the regulation of the levels, branches, degrees and specialisations;
- the processing and granting of subsidies to private educational institutions;
- the administration of scholarships and study grants;
- the definition of the curriculum on the basis of the minimum teaching standards established for the whole country;
- the regulation of the composition and functions of the Regional School Council with educational functions and services.
Competences of the autonomous communities in terms of university education
The autonomous communities hold the following educational competences in matters of university education in their territory, without prejudice to the university autonomy guaranteed by article 27 of the Spanish 1978 Constitution:
- the programming and coordination of the university system within the framework of general coordination;
- the creation of public universities and the authorisation of private universities, following a prescriptive report by the General Assembly for University Policy;
- the coordination duties for the universities under each community’s jurisdiction;
- the approval of the statutes of public universities and of the rules of organisation and operation of private universities;
- the coordination of university access processes;
- the legal framework for the own specific degrees awarded by some universities;
- the financing of universities;
- the regulation and management of university grants and scholarships;
- the remuneration system for contracted teaching and research staff at public universities and the establishment of additional remuneration for civil servant teaching staff;
- the quality assessment of universities within their area of responsibility.
Organisation of the education authorities in the autonomous communities
Every Autonomous Community has its own model of education authority, sometimes as a Regional Ministry, and sometimes as a Department for Education (for non-university education) or for Universities (for university education), with the purpose of performing the duties and services established in their respective statutes.
There are also different participatory collegiate bodies with different fields of action, depending on the situation. Their composition and duties are established by the regulations of every autonomous community.
- Regional School Councils are the highest bodies for consultation, advice and social participation in non-university education. The types of School Councils and their fields of action are different in every Autonomous Community. They mainly advise on the draft legislation and draft general provisions, the education programme, the educational renewal and innovation, the quality in education and the school funding.
- The Regional Councils for Vocational Training carry out duties related to the planning, coordination and evaluation of the education system in terms of vocational training. Their competences are aimed, in general, at informing on different aspects of vocational training and at proposing actions to improve the quality of the said studies. Most of the Autonomous Communities are in charge of preparing, proposing or, if appropriate, informing on the Regional Plan of Vocational Training.
- Regional Councils and Schools for Advanced Artistic Education are the consultative and advisory bodies for these studies. Among their duties, it should be highlighted the preparation of reports, proposals, recommendations or studies related to advanced artistic education.
- Councils for Universities are the consultative and cooperation bodies in university terms.
Sectoral Committee for Education
In the field of non-university education, there is coordination between the central and regional levels. The Sectoral Committee for Education is the body for cooperation in educational policy between the MEFD and the education administrations of the autonomous communities, with the aim of achieving maximum coherence and integration of the education system.
The Minister responsible for the MEFD and the people responsible for education in the autonomous communities hold meetings in order to exchange points of view, discuss draft regulations and adopt the criteria for the territorial distribution of subsidies to finance different educational programmes with the autonomous communities. In short, either through the Committee or the different commissions set for the issues being dealt with, the problems that may be posed and the actions planned for facing and solving them are examined.
Functions of the Sectoral Committee for Education
The main functions of the Sectoral Committee for Education are the following:
- to serve as a channel of information and participation in processes to develop educational regulations;
- to inform about the rules the State, in the exercise of its powers, is to adopt and that must be submitted to the autonomous communities for their consideration;
- to examine and propose measures ensuring the basic equality of citizens in the exercise of their right to education;
- to exchange information between public administrations, allowing knowledge of the education system as a whole, as well as study programmes and projects;
- to propose and agree on criteria assuring students' mobility within the territory;
- to establish the basic principles of staff policy and set criteria assuring the mobility of the teaching staff within the Spanish territory;
- articulate the information of the autonomous communities regarding the international agreements Spain is part of, and serve as a general channel of information and internal participation of the autonomous communities in international bodies specialised in educational issues.
The General Assembly for University Policy
In the field of university education, there is coordination between the central and regional levels. The General Assembly for University Policy is the body for consultation, coordination and cooperation on general university policy. It brings together the Minister in charge of the Ministry of Science, Innovation and Universities and the people responsible for university education in the Governing Councils of the autonomous communities, among others.
Functions of the General Assembly for University Policy
The General Assembly for University Policy undertakes the following functions:
- establishing and assessing the general guidelines of university policy, its organisation in the European Higher Education Area and its interrelationship with scientific and technological research policies;
- drawing up, informing, consulting and providing advise on the general organisation and long-term programme of university education, which covers the necessary human, material and financial resources for the public university services;
- approving the coordination criteria for evaluation, certification and accreditation activities at a national level;
- suggesting and assessing measures in order to promote collaboration between universities and companies;
- coordinating the drawing up and monitoring of reports on the application of the principle of gender equality at university.