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Eurydice

EACEA National Policies Platform:Eurydice
Administration and governance at local and/or institutional level
Spain

Spain

2.Organisation and governance

2.7Administration and governance at local and/or institutional level

Last update: 8 April 2025
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The 1978 Spanish Constitution established a decentralised and  symmetrical state model that distributes the exercise of educational competences among all administrative levels, so that they are basically the same throughout the whole country.

The role of local authorities focuses on educational management, mainly through education councils. Regional educational authorities assign to municipalities the exercise of functions in areas that directly affect their interests. Therefore, local authorities do not have the status of educational administration, although they participate in the educational management carried out in their territory. In this respect, educational provision aimed at people of compulsory school age by local authorities or other public institutions, as well as any actions with educational purposes or consequences for the education of minors, must be carried out in coordination with the corresponding Education Administration. Furthermore, the educational authorities and local corporations must coordinate their actions, each within the scope of their competences, in order to achieve a greater efficiency of the resources allocated to education and to contribute to the educational goals established in the regulations in force.

In turn, educational institutions also collaborate in the management of education thanks to their autonomy, adjusting their resources and adapting their pedagogic action, organisation and operational rules to the specific needs of their students and the characteristics of the school environment.

Within this decentralised model, the curriculum is formulated in a set of  levels of curricular development. The third of these includes the participation of schools.

Administration and Governance at Local Level

The Autonomous Communities can agree on the delegation of management competences for certain education services in the municipalities or groups of municipalities, in order to favour a greater effectiveness, coordination and social control in the use of the resources.

There is not a common structure for all the local authorities responsible for carrying out their education functions. Although most municipalities have an education department, the structure of these departments varies depending on aspects such as the size of the municipalities or their budgets.

Municipalities assume the competences related to:

  • the creation, building, maintenance and monitoring of those buildings for public institutions of pre-primary, primary and special education;
  • the collaboration with the corresponding education authorities in obtaining the necessary site to build the new educational institutions;
  • ensuring compliance with compulsory schooling and provision of the education service.

Local corporations are also empowered to set up municipal school councils. Their participation in education also entails representation in the school councils of the Autonomous Communities and the school councils of non-university educational institutions.

On the other hand, municipal authorities may use the educational institutions dependent on the Autonomous Communities for educational, cultural, sport or social activities outside school hours. Such use is subject to the needs derived from the planning of the activities of these schools.

The Ministry of Education, Vocational Training and Sport (MEFD) and the Spanish Federation of Municipalities and Provinces (FEMP) have signed several collaboration agreements. In 2004, the MEFD signed the first framework agreement for collaboration with the Spanish Federation of Municipalities and Provinces, whose main purpose was to achieve the full integration of educational action into local life. Subsequently, in 2010, a second agreement emphasised the numerous educational programmes that went beyond these legal requirements and illustrated the local authorities' commitment to education. The Plan for the Promotion of Reading 2021-2024 was created in 2021, with representation from the Autonomous Communities and the FEMP in the working group.

In November 2022, a new nominative subsidy agreement was signed for the implementation of joint activities at local level. The FEMP must allocate the amount received from the nominative subsidy to the following actions:

Finally, in accordance with the Resolutions approved by the 12th Plenary Session of the FEMP (2019) in the field of Education, the objectives of the Education Area are as follows:

  • to urge for a regulatory framework appropriate to the reality of the multiple educational resources that Local Governments have been guaranteeing to their citizens;
  • to demand the adequate provision of post-compulsory education in rural areas;
  • to maintain and extend the collaboration held with the Ministry of Education and Vocational Training;
  • to maintain a loyal institutional partnership with other administrative layers as well as an active cooperation;
  • to pursue the full achievement of SDG 4, which calls for ensuring inclusive and equitable quality education and promoting lifelong learning opportunities for all individuals, throughout their lives.

Administration at institutional level

Non-university institutions

The process of decentralisation of educational powers has extended to non-university educational institutions.

Organic Law 2/2006 on Education (LOE) devotes Chapter II of its Title V, amended by Organic Law 3/2020 (LOMLOE), to the autonomy of schools. This is essentially specified in three documents: the school development plan, the management plan and the rules of organisation and operation.

The autonomy of the institutions is intended to enable them to adapt their actions to their specific circumstances and to the characteristics of their students, with the aim of achieving educational success for all students. The regulations establish the common rules that all schools have to observe, as well as the degree of autonomy to be granted to them.

The Education Administrations empower and promote the autonomy of the institutions, so that their economic, material and human resources can be adapted to the work and organisational plans they draw up, once they have been properly evaluated and assessed.

The institutions, in the exercise of their autonomy, may adopt experimentation, pedagogical innovations, educational programmes, work plans, forms of organisation, rules of coexistence or extension of the school calendar or of the teaching timetable for fields, areas or subjects, in the terms established by each educational administration and within the possibilities allowed by the applicable regulations, including labour legislation. Under no circumstances may this entail discrimination of any kind, the imposition of contributions on families or demands on the Education Administrations. When these experiments, work plans or forms of organisation may affect the attainment of academic or professional qualifications, they must be duly authorised by the Government.

It is possible to distinguish four areas where educational institutions enjoy a wide degree of autonomy:

  • pedagogical and curricular;
  • organisational;
  • management of resources;
  • organisation of actions aimed at promoting quality.

Pedagogical and curricular organisation

According to Royal Decree 82/1996 and Royal Decree 83/1996  which regulates the functional organic regulations of Early Childhood Education, Primary Education and Secondary Education institutions, the educational project must include the values, aims and priorities for action of the institution, framed within strategic lines of action. In addition, it develops the principles, objectives and methodology of competence-based learning oriented towards the exercise of active citizenship. It must observe the principles of non-discrimination and educational inclusion as fundamental values. Public and publicly-funded private schools have to make it public.

The LOE establishes in article 121, as amended by the LOMLOE, that at least the following elements are incorporated into the school development plan:

  • an analysis of the characteristics of the social, economic, natural and cultural environment of its pupils, as well as relations with educational, social, economic and cultural agents in the surrounding area;
  • the specification of the curricula established by the educational administration, set and approved by the teaching staff;
  • a cross-cutting approach to education in values, sustainable development, equality between women and men, equal treatment and non-discrimination, and the prevention of violence against girls and women, bullying and cyber-bullying, as well as the culture of peace and human rights;
  • the way pupils' diversity is dealt with;
  • measures concerning tutorial action;
  • coexistence and reading plans;
  • any measures necessary to compensate for any deficits that may exist in the competence in linguistic communication, in Spanish and, where appropriate, in the co-official languages;
  • any academic measures to be adopted in order to favour and educate in equality, particularly for women and men;
  • the school's digital strategy;
  • an improvement plan, which is reviewed periodically, in which, based on the analysis of the different assessment processes of the pupils and the school itself, the strategies and actions necessary to improve educational results and the procedures for coordination and relations with families and the environment are proposed.

The Education Administrations, meanwhile, have the following obligations:

  • help schools to implement the necessary measures to compensate for any existing shortcomings based on the analyses and evaluations that are carried out;
  • contribute to the development of the curriculum by encouraging the development of open models of teaching programmes and teaching materials that meet the different needs of pupils and teachers;
  • facilitate coordination between the school development plans of primary education and compulsory secondary education institutions in order to favour the gradual and positive inclusion of students in the new education level.

Organisational management

Educational institutions must draw up the following documents:

  • the coexistence plan, which includes all the activities that may be programmed with the purpose of fostering a good climate of coexistence within the school;
  • the specification of the rights and duties of pupils;
  • the correction measures applicable in the event of non-compliance with duties in accordance with the regulations in force, taking into consideration the pupils' personal situation and conditions;
  • the implementation of actions for the peaceful resolution of conflicts with special attention to actions for promoting equality, non-discrimination and the prevention of gender-based violence.

At the beginning of each school year, schools shall draw up an annual general programme that covers all aspects of the school's organisation and operation, including projects, curriculum, rules, and all agreed and approved action plans. At the end of the school year, a report is elaborated which includes and evaluates the activities and running of the educational institution.

The school's rules of coexistence and conduct are mandatory, and must specify the duties of students and the applicable corrective measures in the event of non-compliance, taking into account their personal situation and conditions. These corrective measures must be educational and remedial in nature, guaranteeing respect for the rights of other students and seeking to improve relations between all members of the educational community.

Corrective measures must be adequate to the misconduct incurred. Any conduct violating the personal dignity of other members of the educational community, which has as its origin or consequence discrimination or harassment based on gender, sexual orientation or identity, or racial, ethnic, religious, belief or disability grounds, or which is aimed at the most vulnerable students due to their personal, social or educational characteristics, shall be classified as a very serious offence and shall be subject to temporary or permanent dismissal from the school as a corrective measure. Corrective measures taken for minor offences must be immediately enforceable.

At the beginning of every academic year, schools set their Yearly General Programme. It contains all aspects of the organisation and operation of the centre including projects, curriculum, rules and all action plans which are agreed and approved annually. At the end of the school year, a report is elaborated which includes and evaluates the activities and running of the educational institution.

The role of the Education Administrations is to facilitate that, within the framework of autonomy, schools prepare their own organisation and running rules. They are also responsible for regulating the protocols for dealing with signs of bullying, cyberbullying, sexual harassment, gender-based violence and any other manifestation of violence, as well as the requirements and functions to be carried out by the welfare and  protection coordinator, who must be appointed in all schools regardless of their ownership. School heads must ensure that the educational community is informed of the existing action protocols, as well as the implementation and monitoring of the actions foreseen in these protocols. In all cases, the rights of those affected must be guaranteed.

Management of resources

The economic management carried out by public institutions is part of the exercise of their autonomy, but always within the limits established by the legislation in force. Thus, public educational institutions may, in accordance with the conditions established by each Education Administration, undertake the following management competences:

  • acquiring goods;
  • contracting works, services and supplies;
  • formulating the academic and professional qualification requirements regarding certain school positions;
  • prepare their management project, which includes the organisation and use of their resources, both material and human;
  • staff management, with the person in charge taking responsibility for the management of the resources made available to the institution;
  • any other responsibility that corresponds to the Education Administrations and which they delegate in the governing bodies of public schools.

The management of school resources must also contribute to the promotion of the quality of education, as well as to equal opportunities regarding access to education. Therefore, the funding of the education authorities may be bigger in the case of public educational institutions or publicly-funded private schools whose project might require so or whose population has specific needs. This allocation is subject to accountability and proof that the resources have been properly used.

In turn, public schools may obtain complementary resources, subject to the approval of their school council, under the terms established by the Education Administrations, and within the limits established by the regulations in force. These additional resources cannot come from activities organised by the families’ and pupils’ associations, in compliance with their purposes, and must be used to cover the school’s expenses.

Organisation of actions aimed at promoting the quality of educational institutions

These actions to promote quality comprise honorary measures aimed at the recognition of schools, as well as educational quality actions aimed at fostering and promoting their quality.

The implementation of such quality actions is subject to the accountability of the educational institution.

University institutions

Organic Law 2/2023 on the University System establishes that the autonomy of Spanish universities is evidenced in the following powers:

  • the setting of the university's strategic lines of action;
  • the drawing up of their Statutes, in the case of public universities, and of their organisational and operational rules, in the case of private universities, as well as other internal rules;
  • the determination of their organisation and structures;
  • the election, appointment and dismissal of the heads of the corresponding governing and representative bodies;
  • their economic and financial autonomy;
  • the proposal and determination of the structure and organisation of the educational provision from official university, as well as of their own university courses, including lifelong learning programmes;
  • the drafting and approval of curricula leading to the award of official university Bachelor's or Master's degrees, or leading to the award of their own degrees, as well as the provision of doctoral programmes;
  • the issuing of degrees corresponding to official university education, as well as their own degrees, including lifelong learning qualifications;
  • the establishment and implementation of research programmes and programmes for the transfer and exchange of knowledge and innovation;
  • the recruitment, training and promotion of teaching and research staff as well as non-teaching staff, and the definition of the conditions for their activities;
  • the establishment of their lists of positions or staff numbers, and their eventual modification;
  • the admission of students, the regime of permanence, the verification of knowledge, competences and skills, and the management of their academic records;
  • the promotion and management of their own mobility programmes or those promoted by the Public Administrations;
  • the organisation and provision of academic tutoring and student support activities;
  • the promotion of specific scholarship and student aid programmes, as well as, where appropriate, the collaboration in the management of these when they are established by the Public Administrations;
  • the definition, structuring and development of internal quality control systems for academic activities;
  • the definition, structuring and development of their own policies contributing to the internationalisation of each university;
  • the establishment of relations with other universities, institutions, bodies, Public Law Corporations, Public Administrations or local, national and international companies or entities;
  • the development of coexistence rules and mediation mechanisms for the alternative solution of conflicts in the university environment.

Governance at institutional level

 Non-university institutions

The governance of public non-university institutions is entrusted to the following bodies:

  • mixed-membership bodies:
    • school council;
    • teachers assembly;
  • individual bodies:
    • school head;
    • head of studies;
    • secretary;
    • any others established by the Education Administrations.

In public institutions with special characteristics (incomplete, multi-stage, special education, adult education or centres abroad), their composition and functions are to be modified so as to be appropriate to each particular case.

Publicly-funded private schools must have, at least, the school head and the mixed-membership bodies mentioned (school council and teachers assembly).

Private schools enjoy autonomy to structure their organisation and as such may establish the governing and participatory bodies which they deem fit, in accordance with the law.

The Management Team

It is the executive governance body of public educational institutions. It is made up of the school head, the head of studies, the secretary and as many others as may be determined by the Education Administrations.

Mixed-membership governing bodies

Public educational institutions count, at least, with the school council and the teachers assembly.

School council

It is the governing body of the educational institution where the education community participates.

It is made up of the following members:

  • the person responsible for the management of the centre, who will act as chairperson;
  • the head of studies;
  • a regional minister or representative of the Town Council in the municipality where the centre is located;
  • representatives of the teaching staff, families and pupils. In the latter case, in the terms and from the year established by the Education Administrations;
  • a representative of the school management and services staff;
  • the person responsible for the school's Secretary's Office, who shall act as secretary of the Board, with the right to speak but not to vote.

Those education authorities establish the total number of members and regulate the election processes of the representatives of the different groups. A balanced presence of women and men should be promoted in the composition of the School Board.

The school council has these functions:

  • to approve and evaluate the projects and regulations that the school must draw up in accordance with the legislation in force, taking into account the competences that correspond to the rest of the school's bodies;
  • to approve and evaluate the school's yearly general programme, without prejudice to the competences of the teaching staff in relation to educational planning and organisation;
  • be informed about the applications for the management roles of the centre and the projects presented by each candidate, as well as participating in the process and, if necessary - with the agreement of its members, adopted by a two-thirds majority - proposing the revocation of the appointment of said management team;
  • to make decisions about students' admission in accordance with the corresponding regulations;
  • to promote the adoption and monitoring of educational measures that foster the recognition and protection of children's rights;
  • to suggest measures and initiatives that favour healthy lifestyles, coexistence in the school, effective equality between men and women, non-discrimination, the prevention of bullying and gender violence, and the peaceful resolution of conflicts in all areas of personal, family and social life;
  • to be aware of any behaviour that is contrary to coexistence and the application of educational, mediation and corrective measures, ensuring that they comply with the regulations in force;
  • to progressively promote the conservation and renovation of school facilities and equipment in order to improve quality and sustainability, and to approve the obtaining of complementary resources in accordance with current regulations;
  • to determine the guidelines for the collaboration, for education and cultural purposes, with local authorities, other educational institutions, bodies and organisations;
  • to analyse and assess the general running of the school, the evolution of the academic performance and the results of the internal and external evaluations in which the school takes part;
  • to draw up proposals and reports, on its own initiative or at the request of the competent educational administration, on the operation of the institution and the improvement of management quality, as well as on other aspects related to the institution's quality;
  • any other functions assigned to them by the Education Administration.

In publicly-funded private schools, the competences of the school council are similar, although it is also involved in appointing and dismissing teachers and in the approval of the fees to be paid by families for extracurricular activities, in accordance with the approval procedure determined by the educational authorities.

Teachers Assembly

The teachers assembly is the body in which teachers participate in the school's governance and is responsible for planning, coordinating, informing and making decisions on all educational aspects of the school. Chaired by the school head, it is made up of all the teachers in the school.

It has the following functions:

  • formulate proposals to the management team and the school council for drawing up the school projects and the Yearly General Programme;
  • pass and assess the definition of the curriculum and all the educational aspects of the school projects and the Yearly General Programme;
  • establish criteria regarding students' guidance, tutorship, evaluation and retake;
  • promote initiatives in the field of pedagogic experimentation and research and in the training of the teachers of the school;
  • appoint its representatives in the school council of the school;
  • be informed about candidates for the post of head of school and the projects presented, as well as to take part in the selection process;
  • analyse and assess the general running of the school, the evolution of the academic performance and the results of the internal and external evaluations in which the school takes part;
  • inform about the rules for the organisation and running of the school;
  • be informed about the resolution of disciplinary conflicts and the imposition of sanctions, as well as ensure that they comply with the regulations in;
  • propose measures and initiatives to foster coexistence;
  • any other functions assigned to it by the Education Administration or by the relevant organisation and operation rules.

Other teaching coordination bodies

It is the responsibility of the education authorities to regulate the functioning of the teaching coordination and guidance bodies. It is also their responsibility to promote teacher teams within the same academic year, as well as the collaboration and teamwork of teachers who teach the same group of students.

The denomination, composition and specific duties are different in pre-primary, primary and secondary schools and they also vary from one autonomous community to another.

In secondary schools there must be, among the teaching coordination bodies, teaching coordination departments responsible for the organisation and development for the teaching of the subjects or modules entrusted to them.

Child welfare and protection coordinator

The approval of the LOMLOE and Organic Law 8/2021 on the comprehensive protection of children and teenagers against violence (LOPIVI) entails the appointment of a welfare and protection coordinator in all schools, regardless of their ownership.

Taking into account international contexts and agreements to guarantee the rights of children and teenagers, educational administrations in Spain regulate the requirements and functions to be undertaken by the welfare and protection coordinator, as part of the guarantee mechanisms for those who may be harmed by anything affecting their welfare, safety and protection conditions.

Schools thus develop various measures for the prevention and early identification of violence in educational institutions, which are considered essential if we take into account that this is a key socialisation environment in the lives of children and teenagers.

Participation bodies

In order to fully implement the principle of active participation and democratic management of non-university educational institutions, other channels have being developed through which parents and students can take part in a collegiate manner in the control and management of education.

Students' participation

Although there are variations in the different autonomous communities, the class delegate role is very widespread in levels above primary education. They are elected by the students in each class and are usually responsible for the following functions:

  • promote coexistence among the students of the group;
  • collaborate with the group's teachers on issues affecting the group's functioning;
  • act as their representative, look after the materials and facilities, and perform any other tasks established by the school’s coexistence plan.

In addition, students may join associations, depending on their age, creating organisations in accordance with the regulations in force. Student associations shall have, among others, the following goals:

  • to express the opinion of the student body on all matters affecting their situation in the schools;
  • to collaborate in the educational work of the schools and in their complementary and extracurricular activities;
  • to promote student participation in the school's collegiate bodies;
  • to carry out cultural and sporting activities and to promote cooperative action and teamwork.

The education authorities must facilitate the exercise of students’ right to association, as well as the forming of federations and confederations.

Participation of student families’ associations

Students' families are guaranteed freedom of association in the educational sphere.

Student families' associations have, among others, the following purposes:

  • assist parents or guardians in all matters concerning their childrens' education;
  • collaborate in the education activities of the school;
  • promote the participation of pupils' families in the management of the school.

Each school may have more than one families' association. These associations may use the premises of the educational institutions to carry out their own activities, for which purpose, those in charge of the schools must facilitate the integration of these activities into school life, taking into account its normal running.

In turn, the educational authorities shall encourage the exercise of the right of families to form associations, as well as the forming of federations and confederations.

University institutions

Public universities

According to Chapter II of Organic Law 2/2023 on the University System, university Statutes shall establish and regulate the following mixed-membership bodies: 

  • the University Assembly: it is the highest representation  and participation body in the university community;
  • the Governing Council: it is the highest governing body of the university;
  • the Social Council: it is the body for the participation and representation of society, a space for collaboration and accountability in which institutions, social organisations and the productive network interact with the university. Its members must adequately reflect the plurality of the social environment in which it is located;
  • the Student Council: it is the highest mixed-membership body representing and coordinating the student community at the university. Its members shall be elected from among students from the different centres, for a period of time and in the manner determined by the University Statutes;
  • They may also establish and regulate School and Faculty Councils, Department Councils or other specific bodies to be determined.

Furthermore, the university Statutes shall establish and regulate, among others, the following individual bodies: 

  • the Rector and his or her governing team: they carry out the functions of direction, governance and management of the university and are its representatives before other universities, bodies, institutions, public administrations or local, national and international social or business entities. They also undertake the functions inherent to the highest academic body of the university. They are also responsible for any powers that are not specifically attributed to other university bodies;
  • Vice-Rectors;
  • Secretary General;
  • Managing Director;
  • where appropriate, Deans of Faculties, Directors of Schools, Departments, or other specific bodies for the centres or structures determined by the Statutes.

The term of office of elected single-member bodies shall, in all cases, be six years, non-renewable and non-extendable. Full-time dedication of university teachers shall be a necessary requirement for the exercise of single-member governing bodies. Under no circumstances may they hold more than one position at the same time.

The election of representatives of the different sectors of the university community in the University Faculty or, in the case of faculties, schools or departments, in the Department Boards or Department Councils, will be conducted on the basis of universal, free, equal, direct and secret voting.

The Statutes will establish the applicable electoral rules, which must guarantee in all collegiate bodies the principle of balanced representation of women and men, as indicated in the first additional provision of Organic Law 3/2007 on the Effective Equality of Women and Men.

Universities shall have equality and diversity units, which may be set up jointly or separately, a university ombudsman's office and an inspectorate of services, as well as health services and psychological and pedagogical support and career guidance services, with sufficient human and financial resources.

Finally, the Statutes shall establish mechanisms to encourage the participation and representation of the different sectors of the university community in the governing bodies of the university, centres, departments and institutes, with special attention to the participation of the student body, and with updated information on the transparency websites for participation channels that may be set up at any given time. To this end, they may develop participation processes, consultations and other mechanisms for the participation of the university community as a whole. 

Private universities

The rules of organisation and operation of private universities shall establish their governing, participation and representation bodies, as well as the procedures for their appointment and dismissal, guaranteeing the presence in them of representatives of teaching and research staff, technical, management and administration and services staff, as well as of the student body, and guaranteeing the principle of a balanced representation of women and men. In any case, the organisational and operational rules must ensure that decisions of a strictly academic nature are adopted by bodies in which teaching and research staff have a predominant representation.

The single-member governing bodies of private universities may have the same name as that established for those of public universities.

The rules governing the organisation and operation of private universities shall specify the mechanism and procedure for appointing and dismissing the Rector or equivalent. They shall also guarantee consultation with the teaching and research staff, technical, management, administration and services staff, and the student body in the appointment of this person.

Student sector participation bodies

The State University Council for Students is the higher body for deliberation, consultation and representation of university students before the Ministry of Science, Innovation and Universities.

Its functions are detailed in article 51 of Royal Decree 1791/2010 approving the University Student Statute.