1. Is the new Spanish education law an opportunity for school choice in the public system? Miguel Ángel Sancho. European Foundation Society and Education e-mail: masancho@sociedadyeducacion.org 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

2. 1.What gives sense to school choice in the public system? school autonomy. 2.Does the new Act open new doors? 3.The overall policy framework: conditions and limits. 4.Autonomy and the public school: excluded realities or correlated. 5.Cultural Context: climate of initiative and responsibility. Risk and innovation. 6.New possibilities and alternatives: are free and charter schools an alternative?. Is there room in our legislation? Summary 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

3.  Only from diversity and plurality of the educational projects ( school autonomy) make sense school choice.  Autonomy: a complex concept when applied to education.  It is a means, to improve quality education through promoting school leadership to motivate teachers on responsible implementation of personalized educational projects. What gives sense to school choice in the public system? school autonomy. 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

4.  An effective school leadership, greater autonomy and accountability are the three fundamental points on which to build the educational performance of schools.  The three are mutually implicated and from their balanced interaction it derives, in turn, increased flexibility, adaptability, responsibility and initiative. What gives sense to school choice in the public system? school autonomy. 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

5. Nivel de autonomía 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

6. International trends: Education at a Glance 2012. OECD. 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015 Spain and the United States both fit under the latter category, indicating greater centralization, and consequently less overall autonomy in the system in relation to the average for OECD countries.

7. International trends: Education at a Glance 2012. OECD. With regards to resource management, both Spain and the US lag behind the average in terms of school autonomy –it is non-existent in the United States, and minimal and highly conditioned in Spain. For example, Spanish schools have decision making powers over the purchase of furniture and, within a framework set by the state government, the allocation of resources for operational expenditures. In the United States the totality of these decisions are made at the local level, indicating a high degree of regional decentralization with respects to decision making, but also the absolute lack of school autonomy 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

8. International trends: Education at a Glance 2012. OECD. 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015 Chart 2 presents the subdivision of domains in which educational decisions are made by different entities in Spain, the United States, and the average of OECD countries. Pertaining to the organization of instruction, both countries follow the global trend depicted in the OECD average bar of high decision making capacities for schools. This category includes decisions regarding instruction time, teaching methodology, the choice of textbooks, etc. Additionally, it is important to point out that even if most of these decisions are taken at the school level, they must conform to nationally established standards, or are subject to the approval of higher levels of authority. Spain OCDE USA

9. International trends: Education at a Glance 2012. OECD. In the domain of personnel management there is usually less delegation of competences to schools across OECD countries. In Spain, this fact is specially marked, with schools accounting for less than 5% of the decisions made in that area. Teachers’ status as civil servants grants national and state governments great margin in the making of decisions regarding a school’s personnel. Similarly, labor unions grouping a large percentage of the teaching staff in the United States hinder individual schools’ decision making abilities, and make the local entity a more natural decision maker in this area because of its capacity to negotiate and enter into contracts with the unions. 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

10. International trends: Education at a Glance 2012. OECD. 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015 Contrary to the norm in OECD countries, where schools account for over a fifth of the decisions taken, neither Spanish nor American schools wield influence over the planning and structure of education. In both countries the subjects offered, the qualifying examinations for a diploma, and the composition of the program of study are largely decided by the national and state government.

11. Risks and Dilemmas:  Diversity vs inequality  Personalization vs discrimination  Resources  Standards and assessment vs plurality of curricula  The public sphere: free access and equal opportunity. The democratic principle. What gives sense to school choice in the public system? school autonomy. 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

12. An essential reason:  The right to education as a fundamental human right: the right duty and right to freedom. Article 26.3 of the Universal Declaration of Human Rights states That "Parents have any available prior right to choose the kind of education That Shall be Given To Their children".  The public system: respect and guarantor of fundamental freedoms.  Limits: common sense, with respect to law and order and the basic principles of peaceful coexistence. What gives sense to school choice in the public system? school autonomy. 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

13.  Preamble of Law: autonomy basic principle.  The director has a greater influence over the school council. Art 132 / art 127.  Art 120. 1. Schools will have pedagogical, organizational and management autonomy within the legislation currently in force and under the terms and lodging of the present Law.  Quality actions: possibility of being authorized for a variety of educational projects. Art 122a  Limits: personnel management. Art 122a, 4 Does the new Act open new doors? 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

14.  Role of regional governments: may delegate schools greater pedagogic, management and organization and operation.  Limited progress: two exceptions Madrid (educational projects) Barcelona (choice of interim).  The determining of the regulatory framework. 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015 Does the new Act open new doors?

15.  Accordingly, art. 123,5 provides that the Education Administrations may delegate certain competences to public school management bodies, including those related to staff management, giving responsibility to head teachers for the management of resources at the school’s disposal..  And art. 131, 5: The Education Administrations will foster the exercise of the management role in schools, by adopting measures which help to improve the performance of management teams in relation to staff and material resources and through the organization of training courses and programs The real autonomy that education authorities assign to schools. 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

16.  The status of the civil service: guarantees and limits.  The economic and financial management.  The public domain goods.  The administrative law organization as provided to public school.  Real obstacles: Currently legal framework applicable to public schools. Civil Service Regulations, contract law, economic regime of schools. The overall policy framework: conditions and limits 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

17.  Autonomy and public school: excluded or correlated realities?  Public school: decentralized unit to which transferred a number of educational powers, without legal personality, and subject to the principle of hierarchy.  Autonomy as the ability to make decisions: Competition, delegating control. The nature of public school 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

18.  Change State-society relations.  Fragmented society requires State guarantor of fundamental rights (Education).  Taking responsibility: innovation, competitiveness Cultural Context: climate initiative and responsibility. Risk and innovation 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

19.  The legal nature of public center as decentralized administrative unit of government, without separate legal personality, largely hinders the real capacity of making decisions autonomously.  Hence the desirability of seeking other legal forms within the public system -in line with the charter school or free school, permit greater organizational autonomy in essential aspects: personnel management and the ability to set up own projects. New possibilities and alternatives 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

20.  Are charter school or free school one possibility?  Values provide: personalization, adaptation, managing people around an educational project.  is it possible in the Spanish education system ?: public foundations. Flexible system guaranteeing public access. 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015 New possibilities and alternatives

21.  Public funding of schools the need arises no discrimination in the admission of students.  The diversity of projects should be raised under the principle of open public space, although certain priorities could be set in terms of objectives, such as affirmative action designed to offset inequalities.  In short, school autonomy should always respond to the general interest that characterized the public education system. New possibilities and alternativesas 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015

22.  The new Act (LOMCE) is a little step for school choice.  Regional decentralization does not promote school autonomy.  Change the general legal framework.  New legal figure: public foundation.  Comparative references: free and charter schools  Autonomy leadership and accountability.  Preserve the role of the State: guarantor of general interest and fundamental freedom ( education). 4th International Conference on School Choice & Reform. Fort Lauderdale, Florida, January 16, 2015 Conclusions