Article 1 of Law 2/2006 on Education (LOE), amended by Law 3/2020 (LOMLOE), recognises the educational and professional orientation of the students as a fundamental principle to ensure personalised and integral training.

In non-university public schools, educational guidance is provided by career civil servant teachers, whose access and working conditions are, generally, similar to the rest of the teaching staff.

According to article 91 of the LOE, as amended by the LOMLOE, student tutoring is the responsibility of the tutor-teacher, who guides learning and supports the educational process in collaboration with families. At pre-primary and primary education levels, tutoring focuses particularly on the pupils’ integration into the group, whereas at secondary education, it focuses on academic and professional guidance. Tutor teachers are appointed by the school head for each academic year. 

School counsellors belong to the internal and external guidance structures that intervene directly in education institutions. In primary education, this function is usually articulated through educational guidance teams assigned to several schools, while in secondary education it is organised through guidance departments at secondary schools. Depending on the education authorities, there may be changes in the name of these units.

These staff members belong to the body of Secondary Education teachers, and more specifically, to the branch of Educational Guidance, and according to the provisions of article 13 of Royal Decree 276/2007, access this teaching body with the corresponding university degree and a pedagogical training.

The main functions of guidance staff include coordinating academic and professional guidance, advising educational coordination bodies and teachers, preventing and detecting learning difficulties, the psycho-pedagogical evaluation of pupils, attention to diversity and collaboration in the elaboration of curricular adaptations, as well as support and advice for students and their families.

In some autonomous communities, guidance staff may teach subjects related to their specialisation in secondary education.

The guidance teams or departments may also include Technical Teachers of Community Service (PTSC) and School teachers specialised in Therapeutic Pedagogy (PT) and specialised in Hearing and Speech (AL), who perform teaching and specialised support functions aimed at catering for diversity and promoting educational inclusion.