Students' Rights & Duties: Fostering Responsible Learning Environments

1. Rights and Duties of Students and Non-Teaching Staff

Education plays a crucial role in transmitting societal values, fostering coexistence, and promoting mutual respect. As stated in Article 1 of Organic Law 1/1990 of October 3, on the General Organization of the Educational System, a primary objective of the educational system is to train individuals in respecting fundamental freedoms and exercising tolerance within a democratic framework.

Achieving this requires not only appropriate educational content but also a conducive learning environment. School regulations should cultivate responsibility, diligence, and effort, enabling students to maximize their learning outcomes and develop positive habits. Students must feel that these standards are integral to the school community and have been collectively established.

Student participation in defining and implementing rights and duties is essential. The autonomy of the center should be emphasized. Furthermore, the rights granted to students in Organic Law 8/1985 of July 3, regulating the Right to Education, must be effectively integrated into the school's organization. This ensures that these rights are not merely theoretical but have a tangible impact on daily school life. The school's internal regulations should adapt these rights to the specific context of the center, considering the age and maturity of the students.

A student's most important duty is to embrace the educational opportunities offered by society. The duty to study stems from the fundamental right to education. The ultimate goal is to create a climate of coexistence and self-responsibility, minimizing the need for disciplinary action. When necessary, corrective measures should be educational and contribute to the student's overall development.

Various groups within schools operate under specific rules. Royal Decree 1543/1988 regulates student performance. Based on this decree's principles and application, a new Royal Decree has been developed to outline student rights and obligations, further regulate school coexistence, enhance institutional autonomy, expand student rights, remove penalties that deprive students of ongoing assessment, and establish a system for addressing behaviors that disrupt coexistence.

This new decree is proposed by the Minister of Education and Science, following consultation with the State Board of Education, the Council of State, and deliberation by the Council of Ministers on May 5, 1995.

2. Understanding Rights and Duties

Awareness of rights and duties means individuals within a legal framework understand their entitlements and obligations according to established rules. This awareness is crucial for effective law implementation. It also facilitates conflict resolution by encouraging parties to recognize their duties and resolve disputes amicably, thereby strengthening societal harmony.

According to the SAR:

• Right: A natural consequence of a person's state or relationships, based on principles and rules that express justice and order, regulating human relations and enforceable by law.
• Duty: An obligation a person is bound to by religious, natural, or positive law.

3. Analysis of the Legislative Framework

Organic Law 8/1985 of July 3, regulating the right to education, recognizes and defines basic student rights and duties, including the right to associate and assemble in schools. This law also assigns functions to school boards, such as advising on student discipline, and reserves certain disciplinary powers for school councils in aided schools.

This Royal Decree elaborates on Articles 6, 8, 42.1.d), and 57.d) of the Organic Law, detailing the content of each right and duty and establishing measures to promote their effectiveness within the educational framework outlined in Article 2 of the Organic Law.

The decree also specifies requirements for exercising certain rights to ensure compatibility with the rights of other members of the educational community and provides mechanisms to uphold student rights within schools.

Finally, to foster a positive school environment, the decree establishes a framework for the disciplinary powers conferred upon school boards by the Basic Law on the Right to Education. It regulates the system of offenses, sanctions, and due process for imposing sanctions.