The Spanish Constitution of 1978 establishes a decentralized state model in which educational responsibilities are shared among the General State Administration, the autonomous communities, local authorities, and educational institutions. Organic Law 2/2006 on Education (LOE), as amended by Organic Law 3/2020 (LOMLOE), regulates the education system and defines these responsibilities.

In non-university education, the Government, through the Ministry of Education and Vocational Training (MEFD), sets the general framework of the system, including:

• curriculum planning;
• minimum learning standards;
• basic regulations for academic and professional qualifications;
• educational assessment and innovation;
• the State Education Inspectorate;
• general criteria for the grant and scholarship system;
• the promotion of policies on equality, non-discrimination, and universal accessibility;
• the creation and basic regulations for teaching specialisations;
• the basic aspects of agreements with publicly-funded private schools. 

The autonomous communities develop state regulations and non-core aspects of the system, manage education within their territories, specify the curriculum on the basis of minimum learning standards, organise educational inspection services, and regulate publicly-funded private schools.

Local authorities are responsible for the maintenance of public pre-primary, primary, and special education school buildings, collaborate in the provision of land for new schools, and may, by delegation from the autonomous communities, assume responsibility for the management of certain educational services.

Educational institutions, within the state and regional regulatory frameworks, enjoy autonomy to design and implement their educational project, management plan, and internal rules of organisation and operation.

Cooperation between public authorities is structured through territorial cooperation programs promoted by the Ministry of Education, Vocational Training and Sports (MEFD) and through the Sectoral Conference on Education Sectoral Committee for Education (Conferencia Sectorial de Educación ), a permanent body that coordinates educational policy between the Ministry and the autonomous communities.

In curricular matters, the Ministry is responsible for establishing the core elements of the curriculum (minimum learning standards), validating qualifications, and defining the framework for blended learning provision. It also determines that 50 percent of school teaching time is allocated to the autonomous communities with a co-official language and 60 percent to those without.

The autonomous communities establish the complete curricula, determine the remaining percentage of school teaching time, periodically review curricular content, and issue diplomas. Schools further develop and adapt the curriculum in the exercise of their autonomy.

The Spanish Constitution and education legislation guarantee the participation of the educational community in the organisation, governance, operation, and evaluation of schools, as well as in the general planning of education.

In higher education, responsibilities are shared between the central government (Ministry of Science, Innovation and Universities) and the autonomous communities, and are regulated through specific legislation.