In Spain, both public and private schools coexist. Article 27.6 of the Constitution recognises the freedom to establish educational institutions, a right further developed by the LODE (Organic Law on the Right to Education) and the LOE/LOMLOE (Organic Law on Education/Organic Law for the Modification of the Organic Law on the Right to Education).

Private non-university institutions

These schools may offer all non-university education. Article 21 of the LODE recognises the freedom to establish and manage schools, prohibiting it for those who work in the education administration, individuals with criminal records for intentional offenses, those prohibited from this right by a final judgment, and legal entities whose governing or owning positions fall under these categories.

Types of educational institutions according to their source of funding

There are two types:

1. Publicly-funded private institutions, funded with public funds through educational agreements.
2. Private institutions not receiving public funds, funded by family fees and, where applicable, by private entities. 

Publicly-funded private institutions may define their own characteristics within the constitutional framework. Private institutions may freely choose their name, provided it does not coincide with that of a public school. To open and operate, all private schools require administrative authorisation and must comply with the general requirements applicable to any school.

Educational agreements

These agreements provide public funding to private schools that meet legal requirements, primarily in compulsory education. Their purpose is to ensure free education where there are insufficient public-school places and to facilitate freedom of choice. The amounts are set annually in the General State Budget and include salaries and maintenance costs; public authorities may increase them for schools enrolling higher numbers of students with special educational needs.

There are two types:

1. General agreements, for compulsory or legally free education, fully funded.
2. Singular agreements, for non-compulsory education, with partial funding and the possibility of authorised supplementary fees.

The minimum duration of educational agreements is six years in primary education and four years in other cases, subject to compliance with certain requirements.

Publicly-funded private schools must provide free education, offer extracurricular activities and voluntary, non-profit services, have a School Council, apply the same admission criteria as public schools, subject teacher selection to oversight, maintain student-teacher ratios similar to those of public schools, and meet quality standards. Priority is given to schools serving disadvantaged students, develop innovative educational programmes, or operating as cooperatives.

Requirements of private institutions

All private schools must meet the same requirements as other schools. The Ministry of Education, Vocational Training and Sports (MEFD), in cooperation with regional governments, establishes the general requirements. Early childhood education centres are governed by regional regulations.

• According to Royal Decree 132/2010, centres offering early childhood education, primary education, secondary education (ESO), upper secondary education (Bachillerato), and Vocational Education and Training (VET) must meet common requirements regarding buildings, safety, ventilation and accessibility, and must have spaces such as offices, a staff room, toilets and support areas. Schools funded by public funds must have premises for student and family associations. 

In addition, each stage has specific minimum requirements regarding space, equipment, and student-teacher ratios:

• Early Childhood Education and care: one classroom per unit, a multipurpose room, a playground, and compliance with the maximum student-teacher ratios for each age group.
  • Primary Education: at least one classroom per unit, spaces for smaller group sizes and support, a multipurpose room, and a maximum ratio of 25 students per unit.
  • Compulsory Secondary Education (ESO): one classroom per unit, workshops, specialised classrooms and laboratories, spaces for smaller group sizes, and a maximum ratio of 30 students per unit.
  • Upper Secondary Education (Bachillerato): one classroom per unit, spaces for smaller group sizes, facilities specific to each specialisation, and a maximum ratio of 35 students per unit.
  • Vocational Education and Training (VET): spaces and equipment regulated according to the training cycles offered, and a maximum ratio of 30 students per unit. 

Some schools may have exceptions due to sociodemographic characteristics, rural location, placement in historic districts, or the provision of multiple educational stages. Private schools offering adult education, special education, or arts education must comply with the general requirements as well as those specific to their programmes.

Autonomy of private institutions

They may determine their own character, establish their coexistence plan and participatory bodies, select qualified teachers, develop their educational project, organise the school day, extend teaching hours, set admission procedures and rules of coexistence, and define their financial arrangements.

Private university institutions

Article 96 of the Organic Law on University System (LOSU) allows the creation of private universities or institutions, prohibiting it for those who work in the educational administration, have a criminal record for intentional offenses, or have  been subject to a final administrative sanction for a very serious infringement in educational or professional matters, including legal entities whose representatives fall into these categories.

Authorisation requires compliance with the material and quality requirements established in Royal Decree 640/2021, reinforced by the modifications introduced by Royal Decree 905/2025. These requirements include the submission of a comprehensive teaching and research project, as well as compliance with minimum criteria regarding the size of the institution, academic offerings, faculty composition, and research activity. The royal decree also establishes additional requirements, such as meeting a minimum number of students within specific timeframes, maintaining a faculty with a minimum percentage of PhD holders, a minimum investment in R&D, a minimum offering of undergraduate, master's, and doctoral degrees, and the development of a multiannual plan.

Regarding funding, they must demonstrate economic viability and the guarantees established by law, without the possibility of agreements with the government, and cover their expenses through institutional contributions and tuition fees freely set for students.

From an organisational perspective,, they have their own legal personality and develop their internal regulations and governing bodies in accordance with the applicable general framework, which, following the reform, incorporates stricter requirements for quality, transparency, and structure. There are private secular universities and others belonging to the Catholic Church, the latter operating within the framework of agreements between the Spanish State and the Holy See.

Distribution of private education in Spain

In the 2023/2024 academic year of the 28 710 non-university general education schools, 9 385 (32.69%) were private; of these, 5 854 (62.38%) were fully or partially financed with public funds and 3 531 (37.32%) were entirely private. Source: Statistics from the Ministry of Education, Vocational Training and Sports on the classification of schools by type of education provided by ownership/financing and autonomous community/province.

In 2023/2024, there were 91 active universities: 50 public and 41 private (45.05%). Among the 7 distance learning universities, 6 were private and one was public. Source: University Statistics of the Ministry of Science, Innovation and Universities, University Structure (National data).