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Homeschooling in Spain

 
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Susan
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Joined: 17 Jul 2006
Posts: 2
Location: Costa del Sol, Spain

PostPosted: Mon Jul 17, 2006 11:38 am    Post subject: Homeschooling in Spain Reply with quote

Hello.........I am considering hs for my two daughters aged 11 and 9. We have relocated to Spain and the children have attended Spanish state schools for one year. Can anyone give me advice on what steps are necessary to begin hs in Spain. I have visited www.educacionlibre.org but as my spanish is very poor I cannot decipher the webpage. Any advice would be appreciated.

Thanks,
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Theodore
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PostPosted: Tue Jul 18, 2006 6:33 pm    Post subject: Re: Homeschooling in Spain Reply with quote

Well, you can do what I do and just copy and paste the text into Babelfish. The page on legal info for Educacion Libre gives me this (minus all the pretty formatting and rearrangement, which I added to make it more readable):

SPANISH CONSTITUTION
Article 27, separated 1.

1. The freedom of education is recognized.
3. The powers public guarantee the right that attends the parents so that their children receive the religious and moral formation that is in agreement with its convictions.

Article 10.

1. The dignity of the person, the rights inviolable that are to him inherent, the free development of the personality, the respect to the law already the rights of the others is foundation of the public order and social La Paz.
2. The norms relative to the fundamental rights and the liberties that the Constitution recognizes, will interpret in accordance with the Universal Declaration of Human rights and international treaties and agreements on the same matters ratified by Spain.

UNIVERSAL DECLARATION OF HUMAN RIGHTS
Article 26.

1. The basic training will be obligatory
3. The parents will straight have preferred to choose the type of education that will be to occur to its children.

PROTOCOL 1, I ARTICULATE 2 OF THE EUROPEAN CONVENTION OF THE HUMAN RIGHTS (1952)

'To anybody will not be denied the right to the education. In the exercise of any function assumed in relation to the education and education, the State will respect the rights of the parents to assure this education and education according to its own philosophical and religious convictions.'

CIVIL CODE
Article 154.

1. The mother country power will be always exerted in benefit of the children, in agreement with its personality, and includes/understands the following duties and faculties:

1º Velar by them, to have them in its company, to feed them, to educate them and to try an integral formation to them.

CODI OF FAMÍLIA OF CATALUNYA
Article 14.

In virtut of potestat, mare stops i have to tenir cures dels fills i ténen in relació to ells, els deures of convivència, d'aliments in sentit més ampli, integral d'educació i of formació.

Statutory law of Sistema Educativo (LOGSE),
chapter 11, article 5, separated 1 and 2:

1. The primary education and the obligatory secondary education constitute basic education.
2. Basic education will be obligatory and gratuitous.

IT SENTENCES OF SUPREME COURT 1669/1994 OF 30 OF OCTOBER OF 1994.

FAILURE:

The TS declares not to have place to the abrogation resource, by infraction of law, interposed by the Fiscal Mº, against the sentence of the Hearing of Barcelona that it acquited to Lucas H.B. and nine more of the crime of foundation of illegal Training center among others.

ARGUMENTATION:

The forecasts of the legislator in educative matter move between freedom of education and the right of the parents so that the children receive the religious and moral formation in agreement with their convictions and the freedom of creation of teaching institutions. In this land an ample frame is created that allows varied educative options, although has a border that the legislator considers insurmountable: all educative task is due to develop within the respect to the constitutional principles. The educative techniques and the pedagogical models can be diverse but in no case of exceeding the lines, necessarily inmodificables, from the constitutional values... this possibility excludes of the penal type the models of education that develop in the strict scope of a classic familiar nucleus or communities even closed of structure cuasi-relative, without damage of the irrevocable obligation of the powers public from guarding by I compliment of the minimum forecasts that are not other that to guarantee the respect to the constitutional principles. The intervention of the penal right must be reserved for those assumption in which the distributed lessons spread opposite ideas to the coexistence or to the tolerance, they make vindication of the violence, they promote discrimination by racial, religious or xenófobos reasons, or favor prostitution or corruption of minors, without damage of the specific protection of these values in other rules of the penal ordering... The fundamental right to the education jeopardizes to the powers public in the task of collaborating and to help its effective accomplishment but is not interfered with necessarily in the right of the parents to that their children receive religious and moral formation that is in agreement with its own convictions without the routes established by the State are exclusive or excluding, so that it is not possible to discard the educative models based on education in the own address whenever the necessary formation of the minors is satisfied with her.

THE PRACTICAL CONSEQUENCES

Some families "have been denounced" before the departments of social welfare by not escolarizar in educative center to their children. She considered herself, in these cases, the nonescolarización like an indication of bad treatments or abandonment. Very few of these "denunciations" have arrived at the courts. Most of the judges they misestimate, to ours to understand with good judgment, the case when verifying that such abandonment of the obligations does not exist, sinó rather a greater fervor of the habitual one. In most of the had judgments, the sentence has been favorable to the families. In the worse one of the cases, "one has condemned" the parents to escolarizar in educative center. It would attempt to the common sense that one retired to the safekeeping of the children having itself verified that does not exist the presumed desatención. Such thing has never happened. Nevertheless, when feeling so harassed, some parents have stopped in the intention to educate to their children in house at some moment of the duro proceso.En a case the denunciation was directed against a group that not escolarizaba to the children. In successive resources he arrived himself at the Supreme Court of Justice that solves, as it sees itself in the previous text, that the education in family, according to the Spanish laws, is not a crime. The families associated in ALE understand, like many others that do not escolarizan to their children, who the constitution protects the freedom of the families to choose the way who consider better to educate their children. And also, that on the matter exists a lack of regulation or legislation of the education in the home that makes difficult to the academic certificate obtaining and the possible incorporation of our children to the system of actual education, not based on a lack of formation, but because it is not contemplated that alternative forms can exist to acquire it.

Legal situation in other countries:

Portugal. The Portuguese legislation it consecrates the parents as responsible first for the education of his children (Law 9/79) and he anticipates three forms to develop this education: Public, prevailed and in the family (decree law nº 553/80). In order to decide on the option of education in house, the family has to communicate it to the authorities of the educative area and to make tests of evaluation to the 4, 6 and 9 years.

United Kingdom. The education in house is legal in this country. Section 7 of "The Education Act 1996 (England and Wales) says: The parents of the children in "scholastic age" will give complete an efficient education and on time adapted to their age, abilities and aptitudes and all the special education them that can need, or by means of the regular attendance to a school or of another way. A good number of children is educated in the home in this country and exists several associations and support battalions for them.

Italy. The legislative decree of April of 1994 nº 297 establishes in the article 110 that the parents can personally assume the education (obligatory) of their children. The parents who choose this option have to demonstrate economic and technical capacity to assume the education of their children and to communicate it to the corresponding educative authority annually.

France. The no-escolarización is legal from 1882. The education is obligatory could be given, as much in a state school as private, like by the family and even by one third person freely chosen by the family. In order to choose this option it is had to communicate in writing to the competent Authority. The obtaining of the official titles through free calls to such, in which the minimum age for its obtaining does not settle down, being is facilitated the own candidate the one that it has to evaluate his capacity for it. Laws on education in Spain Web of the Ministry of Education and Culture can be in the page http://www.mcu.es/homemcu.html

STATUTORY LAW OF QUALITY OF THE EDUCATION.

The evidences of which the educative system does not obtain its aims of satisfactory form, nor when it is moderate in "the academic" terms, have caused this reform of the LOGSE. Although it is spoken to orient the system to the results, lamentably is not contemplated that some people can obtain those "results" outside the actual system.

STATUTORY LAW 1/1,990 of 3 of October, General Arrangement of the Educative System. BOE nº 238 of 4 of October (LOGSE)

It shows a great preoccupation to develop to the state institutions of ample education and the rights of the parents, respect to the preconstitutional law of Villar Palasí, to the simple election of the center of between the "authorized one", to a certain possibility of protagonism in the school. Actually the development has not been satisfactory for ample professional sectors of education and the parents. On the other hand the fixed objectives as basic education is perfectly obtainable with the education in family.

Treaty by which a Constitution for Europe settles down:

CONFERENCE OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
Brussels, 13 of October of 2004

TITLE II - OF The FUNDAMENTAL RIGHTS And The CITIZENSHIP OF The UNION

ARTICLE II-74. Right to the education

1. All person has right to the education and the access to the professional and permanent formation.

2. This right includes the faculty to receive obligatory education gratuitously.

3. They are respected, in agreement with the national laws that regulate their exercise, the freedom of creation of teaching institutions within the respect to the democratic principles, as well as the right of the parents to guarantee the education and the education of their children according to their religious, philosophical and pedagogical convictions.

Laws on education in Spain:

Program emitted in the Reporters, South Channel Andalusia
26 September 2003

Jose Chamizo, Defender of the Town of the Meeting of Andalusia, made the following declaration:

"This is not a case of scholastic absenteeism but that it is an alternative education. Then I believe that here the application of the Law of the Minor is outside place, and am convinced that if goes in opinion or is some demand in the judicial scope, probably always gain the parents or the tutors. Because what says the Constitution is that the boy is formed. The escolarización already is spoken in which it is the development of the Constitution, that is the legislation, we say, of education. By this, and even to risk of being heavy, I must say that these situations it is necessary to approach them from the point of view of the legality, so that the parents are calm and so that also the education of the chaval is recognized via academic center or scholastic center that him of the degree that is required." In addition, and in reference to cases of denunciation, the presenter of the program expressed: "the office of the public prosecutor of minors did not appreciate ilicitud nor abandonment of its obligations in the attitude of the parents and the cause was filed without arriving at the courts. Other similar denunciations have finished of similar form."
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Guillo
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Joined: 07 Aug 2006
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PostPosted: Mon Aug 07, 2006 6:23 am    Post subject: Reply with quote

Both the Spanish Constitution and Civil Law present a broad characterization of what is considered "schooling". In other words, their wording does not exclude the possibility of homeschooling nor does it delegate obligatory educational requirements to a governmental institution. The Supreme Court's (Tribunal Supremo) 1994 decision confirms the above points and goes as far as contemplating alternative quasi-educational environments as acceptable instruments.

Absent legislation on point, apparently the biggest difficulty in Spain is the assumption by some people and state organisms that abstention from an institutional, state-approved program is prima facie evidence of neglect. This happens everywhere, even in countries where legislation is explicit and tolerant of homeschooling.

Consider contacting the Department of Education (Departamento de Educacion) office in your area and discuss with them your plan. Who knows; they might even become a resource.
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bjpatman
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Joined: 02 Sep 2006
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Location: costa del sol

PostPosted: Sat Sep 02, 2006 2:34 am    Post subject: did you find out any laws and what the process is Reply with quote

hi.....i am also considering home schooling................i am only going to be in spain for 6 months and have moved here from the netherlands...we are moving to australia so seems pointless puting them in a spanish school as they need to boost their english skills...and the private schools are so expensive...i am a nneb qualified classroom assistant and am confident i can tutor them in what they need.........so if you have any infomation regarding the laws and the process i need to follow i would be really greatful....bev
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Theodore
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PostPosted: Sat Sep 02, 2006 12:07 pm    Post subject: Re: did you find out any laws and what the process i Reply with quote

I don't think you're required to enroll your children in school in any country if you're only staying for 6 months. Even if you were staying longer, however, Spain is fine with home education so long as that home education doesn't teach values that are against the Spanish constitution (see paragraph above labeled "ARGUMENTATION").
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nmeneses
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Joined: 05 Sep 2006
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PostPosted: Tue Sep 05, 2006 10:55 am    Post subject: Home Schooling in another country Reply with quote

Hi,
I currently live in Spain and my kids go to a local Spanish school in Benalmadena on the Costa Del Sol. I have no problem with the local school as both my kids are bilingual. If anyone is worried about the law here I would say that for 6 months - dont be. The authorities wont even know you are in Spain unless you tell them and they have too much trouble keeping track of foreign kids to bother. So many families leave without informing the school at all. As long as your kids are off the streats during school hours no one would be the wiser.

The biggest problem with home schooling in a foreign country is isolation of your children from other children and from the culture and language of that country. Do make sure that the kids join in with sports and other activities so that they make friends and learn the language.
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bjpatman
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PostPosted: Tue Sep 05, 2006 11:50 am    Post subject: thanks Reply with quote

thanks for all your responses........i am happy to no i wont be getting in any trouble....the children are involved with a local football team so they are having contact so i feel a little more relaxed with my decision...bev
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