The Superior Court of Justice of Madrid (TSJM) has paralyzed in a precautionary way the decree of the Community of Madrid that hardens the conditions to pass the course and obtain the title in ESO and Baccalaureate, a kind of antidote devised by Isabel’s team Díaz Ayuso to counteract in this region the laxity of criteria established by the central government throughout Spain.
According to the order to which EL MUNDO has had access, the TSJM has agreed on a very precautionary measure in which the entry into force of all legal aspects of decree 29/2022 is suspended during this course, which was published in the official gazette of the region The last friday. This regulation had been appealed for the contentious-administrative by the CCOO union for considering that “it invaded state powers”, as it argued, appealing to the Constitution, which is to the central Government, and not to a regional Executive, who is responsible for establishing the rules assessment, promotion and qualification of students.
The TSJM does not go into assessing the merits of the matter. In order to gauge what the Chamber’s impression is on the merits of the matter, we will have to wait for the content of the following resolution, in which, after listening to the arguments of the Ayuso Government, it will decide whether to maintain or withdraw the very precautionary suspension. In that order, the court will analyze a requirement to maintain it, that the allegations of the appeal are presented as well-founded.
The intention of the Chamber is to rule again shortly, in view of the very short period of three days given to the Community of Madrid to give its opinion on the precautionary suspension.
But the order supposes, in any case, a shot in the waterline of the Ayuso rebellion, because it nullifies the validity of the norm precisely in the middle of the evaluation process of the students, when the educational centers are practically at the end course and the teachers had already agreed to obey the new regional guidelines when evaluating their students.
It is also the first judicial resolution in relation to the open war between the Ministry of Education and the Autonomous Communities governed by the PP on account of the requirement in the classrooms. These regions are against the fact that Minister Pilar Alegría allows her to pass the course and obtain the title without limit of failures in ESO and that, in Baccalaureate, she has established that students can graduate with a pending subject, something that has never been done before. had produced.
That is why Madrid rebelled and established more limitations. He ruled that promotion and graduation decisions in ESO would have to be adopted after deliberation by the student’s teaching team by a qualified majority of two thirds. In Baccalaureate, the student could graduate with a fail, but as long as the teachers had agreed to it in a collegiate manner by a qualified majority of four fifths. And teachers were even given carte blanche to consider that the title “is achieved exclusively with a positive evaluation in all subjects.”
These requirements do not exist in the royal decree in which Alegría sets the state conditions. Madrid interpreted that, since the Government did not specify anything, it was entitled to specify them in its own way. But the TSJM has paralyzed precisely this part. Specifically, it temporarily nullifies article 5.8 (on how to decide on promotion and graduation in ESO), article 6.5 (on how to repeat in ESO), article 12.2 (on graduation in ESO), articles 20.4 and 20.5 (on the Baccalaureate degree) and articles 24.3 and 24.4 (on the requirements in adult education).
This measure means that, while it is resolved, Madrid teachers will have to directly apply the basic regulations of the State. The Ministry of Education was in the process of appealing the Madrid decree and was even considering sending a legal warning to Ayuso as a requirement, but the CCOO has gone ahead of it.
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