Evolution of Spanish Education Policy and Legislation

The Cadiz Constitution (1812) and Early Foundations

In our country, the first Spanish Constitution of Cadiz in 1812 gave great importance to education, believing that freedom and rights were possible through the instruction of the people. Title XII and Articles 366–371 generalized elementary or primary education and attributed public education powers to the state.

Quintana Report (1813)

The Quintana Report (1813) laid the foundations of contemporary education policy, based on four principles:

• Equal rights of citizens to universal education.
• Uniformity of studies (centralized educational system, later decentralized to autonomous regions).
• Free education.
• Individual freedom, giving rise to the right of freedom of teaching and lecturing.

The Moyano Act (1857)

The Moyano Act of 1857 established basic features of the Spanish educational system until 1970, characterized by:

• Uniformity.
• Centralization.
• Relative freedom (free education).
• Limited freedom of education, secularization, and state intervention.

It confirmed the structuring of the education system on three levels and declared primary education compulsory.

Republican Constitution of 1931

The Republican Constitution of 1931 established compulsory, free, secular primary education, with a decentralized character in communities with autonomous status. This Constitution adhered to the Spanish liberal tradition. The education system was democratized with the creation of school councils. Primary education was improved through a five-year school design, and the status and training of teachers were enhanced.

The Franco Era and the 1970 Education Act

The Franco regime established a model characterized by impregnating religious and patriotic ideology into the country.

Education Act 1970: An Opening

An opening occurred in education with the Education Act of 1970, which set:

• A single level of general basic education lasting 8 years.
• A non-selective system.
• Educational Renewal (e.g., student clusters, continuous assessment).
• Unified school and university entrance via the COU (University Orientation Course).
• Intercommunication between the various educational levels.
• Enhancing teacher education (Masters graduates and teachers with the CAP—Pedagogical Aptitude Course).
• Establishment of Institutes of Science Education.

Subsequent updates included the appearance of the LRU, LODE, LOGSE, and LOPEG.

The Spanish Constitution of 1978

The Spanish Constitution of 1978 recognizes and guarantees the right to the autonomy of the nationalities and regions that comprise the nation, along with solidarity among them. It incorporates the term "decentralization" in Article 103 and Title VIII, and it does not deny educational powers to the Autonomous Communities.