Justice suspends part of ordinance by which Madrid sought to torpedo government education law

The High Court of Justice of Madrid has temporarily suspended part of the trial ESO and undergraduate course evaluation and promotion order With whom the community of Madrid Aims to “guarantee the quality of education” In front of Lomloe, which was approved by the government of Isabel Diaz Ayuso last week. By order, the judges – by different votes of the two magistrates – attend the appeal filed by the CCOO, leave in vain for three days part of the rules set out in the norm approved by the executive of the region and give the same deadline for consultation under Enrique Osorio to argue and reach a final decision.

Here it is decided how students are evaluated and promoted from the course or not, both undergraduate and ESO. The Ministry of Education proposed a collegial system in Lomlo in which teachers would decide – which meant giving a small number of statutes to a fairly common practice in the monastery – to each student, but without determining the majority and proportions. Madrid has developed state regulations, minimal, with its own system, more interventional. It ‘s in the air now.

Regulations of the Madrid Society designed to prevent the issuance of approved students, as is the case in state law, according to the regional government, ”imposes on teaching teams the game of ESO and undergraduate qualified majority, which is contrary to the basic criteria. Regulates and restricts the autonomy of the evaluation board and academic freedom, ”the union argues, adding that it also allows centers to set promotion and qualification criteria, as a general rule, without taking into account the individual assessment of each student. The CCOO argued in its appeal that the ordinance violated state powers.

The magistrates cautiously suspend some parts of Article 5 of the Madrid Decree, specifically those which are in clear conflict with Lomloe’s course conditions and promotion to secondary stages. The order states that the assessment must be completed by 15 June, in accordance with the regulations of the Society of Madrid – even before the Baccalaureate University entrance exams – for which the Chamber “considered it expedient to access the temporarily requested event, with gratitude. That, in addition to the urgent circumstances already mentioned, there are other reasons, “which clarify that it is only three days and that there is a state regulation that prevents the emergence of a regulatory vacuum – the decree of the Ministry of Education, which promotes the Community of Madrid and Last year regional -.

“Before the mandate of the royal decree [del Ministerio de Educación]Which stipulates that decisions of training teams on promotion and quality from one course to another should be made collegially, without further delay, and the Public Sector Legal Regulations Act, which states that decisions of collegial bodies shall be taken by a majority, simply by unqualified or even absolute majority; The resolution sets other criteria, ”the CCOO explained.

In particular, the union disintegrates, “in the case of ESO, it sets two-thirds of the evaluation team for both promotion and quality. “Undergraduate, to decide on an extraordinary degree in a failed subject, this qualified majority reaches four-fifths, which is impossible in the case of a night’s undergraduate or in situations where the student does not take all subjects in the second,” he argues. .

Cancellations in ESO, Undergraduate and Adult

The order will preventively repeal eight points of the Madrid regulations relating to ESO and undergraduate. In terms of compulsory secondary education, what is most opposed to Lomloe is in Articles 5 and 6. In Article 5, Section 8, the Society of Madrid stipulates that decisions on promotion and termination in ESO must be taken by “qualified majority. Two-thirds of the teaching staff ”and that“ other decisions ”(…) should be taken by“ consensus ”or“ absolute majority ”. The referees dropped both odds.

Article 6 of the Ministry of Education stipulates that “in order to facilitate the decision to promote students, the study group may consider that the student will repeat the year when he / she will have a negative grade in three or more subjects. Similarly, for the same purpose, with exceptions, they may decide to promote a student with a negative grade in three subjects when the following conditions are met: a) that two subjects with a negative grade are not simultaneously Spanish and Literature and Mathematics. . (B) The student’s group of teachers believed that the nature of the negatively assessed subjects did not prevent the student from successfully pursuing a further course, that they had favorable expectations of recovery, and that promotion would contribute to their academic evolution.

These measures seem to contradict Lomloe, which allows for the unlimited popularization of failure in certain situations and does not distinguish between promoted subjects or not.

As for the bachelor’s degree, Article 20 of the ordinance excludes the clause that grants a degree in all subjects (Lomloe envisages graduation with the exception of a university), which states: “To facilitate the decision. – When drafting a diploma, teaching teams can consider achieving the goals set on the stage and acquiring the relevant skills and, consequently, obtaining the bachelor’s degree that accredits can only be achieved with a positive assessment in all areas. Things. ”

Similar measures are taken in connection with the evaluation and promotion of adult bachelors. Thus, Article 24 excludes the “qualified majority of four-fifths” and the “absolute, or more than half of the members of the student’s teaching team” that Madrid imposes on qualifications.

Source: El Diario





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