Wednesday, July 6

The Justice lifts the precautionary measures to the decree with which Madrid wants to counteract the state educational law

The Superior Court of Justice of Madrid has lifted this Tuesday the precautionary measures imposed on a part of the decree of evaluation and promotion of the ESO and Baccalaureate course with which the Community wants to torpedo the Government’s Education Law and “guarantee educational quality ”. The judges do not go into the substance of the matter, but they consider that what that decree marked had already been “being implemented by the teaching teams practically since the beginning of the school year” through another series of instructions, so “the maintenance of the suspension ordered in a very provisional way”.

Specifically, the part of the Ayuso decree that had paralyzed Justice had to do with the collegiate system proposed by the Ministry of Education in the state regulation to decide whether a student is promoted from the course or not, both in Baccalaureate and in ESO. The Lomloe indicates that it should be the teachers, in a collegiate manner, who evaluate whether or not each student, individually, should pass the course. This allows taking into account specific situations of the students, in which it is better for them to pass the course, even if they have some pending subject.

However, state law does not set majorities or proportions. This is where the educational decree of the Ministry of Education comes in, which establishes that this agreement must be taken by a qualified majority of two thirds and establishes distinctions between the subjects of Spanish Language and Literature and Mathematics, and the rest. CCOO appealed this measure, considering that it invaded powers. Something on which the Court has not yet ruled.

Yes, it has done so to condemn the union to pay costs, considering that it has acted in bad faith “by having avoided a minimum reference” to the fact that that part of the decree had already been applied in the Community of Madrid during the last course and that, therefore precautionary measures were not necessary. Information, they say in their brief, “that the Chamber alone could not consider, since there are thousands of appeals that were filed before this Eighth Section in 2021, still being processed, and thus giving rise to the adoption of the very provisional measure of suspension on the basis of urgent circumstances that, as has now been verified in light of the allegations of the Lawyer of the Community of Madrid, were not such”.

The Community of Madrid has shown its “satisfaction” with the judicial decision and insists that “from the first moment they considered that the Decree approved by the Regional Government Council does not violate national regulations.” Precisely, on this point the Justice will have to rule, since the process continues, even if the precautionary measures do not.

The Ministry of Education is pending resolution of another appeal to another precautionary measure imposed by the same court to a circular in which they prohibited the centers from organizing the subjects by blocks, as the Lomloe allows. Once again, the CCOO had resorted to this measure, considering that “it curtails the autonomy of the centers and the freedom of teaching and the exercise of teaching by teachers.”