Aprendiendo a aprender
Much like the education systems of most European countries, although the Spanish education system has been reformed with time, in its more general form, it dates back to the 1970s, concretely to the LGE of 1970s, by Francoist minister Villar Palasí, in it, education was taken away from the Church, streamlined, professionalised and received increase funding. At the same time, it provided for the current structure of Infantil, EGB (1), BUP-COU (2) or Formación Profesional (3) and increased the years of compulsory education to 6 to 14 years of age. That is not to say that education in the later days of Francoism became wonderful, far from it, Spain still suffered from overcrowded schools, with unmotivated teachers and a meddling administration with a top-down and ideological approach to education. The LGE, however did provide the State - because it did not provide the schools, as they were not autonomous - with the means of improving and funded the construction of many schools in the recently-formed working-class neighbourhoods of bursting Spain (1).
During the Transition, as with much that was not essentially political in nature, education was left in the back-burner only to reappear in the 1980s - concretely in 1980 - with the same degree of urgency as all other matters that had been set aside for most of the past decade. In the Constitution, one of the most difficult points of consensus between centrists (as well as the Catalan and Basque groups) and communists - and socialists of all various branches - was the issue of education. Reminiscent of the Second Republic and wary of the large influence of the Church in education, the PCE and the socialists parties sought the elimination of private schooling and the creation of a single, secular and comprehensive education system. Instead, the centrists favoured liberty of education to a much larger degree than the one reflected in the Constitution, with private schools practically beyond the scope of the education inspectors and free from a common minimum curriculum. Instead, a consensus was reached - largely thanks to Miquel Roca (CDC) and Gregorio Peces Barba (PS, later UCD), whereby public education would be prioritised yet private schooling would continue to exist, if in a more limited fashion than originally envisioned by the UCD's magnates.
Once education's very general outlines had been set down in the constitutional text, after 1979 came the time to adjust the existing educative legislation to the new constitutional reality. With that goal in mind, the Suárez government's Education Minister, José Manuel Otero Novas sought to expand education - massively - (5) and adjust the LGE to the political reality of a democracy. Under him, a new Organic Law of Education was drafted, the LOECE, more generally known as the 'Estatuto de los Centros Escolares' (6), which, without any dramatic changes to the LGE, but creating the figures of the Statute of the Student and of the Teacher, which set down their rights and duties in their respective roles within the school. Although in general the law generated a degree of consensus, there were three main sticking points which, unattended by the Government, led the PCE to present a recourse before the Constitutional Tribunal in 1980. The Party claimed that the Articles 6, 8, 9, 11, 12, 13, 14, 20, 22, 24.1, 25.1 and 25.2, 28.3, 38 and 39. These articles dealt chiefly with the degree of liberties awarded to private centres in their own self-management, for-profit nature and especially their capacity to impose an ideological bent to the instruction they provided; the role of the State in determining the management of the schools and the limited role to be played by the parents and lastly, certain measures included were deemed belonging to ordinary legislation and violating the education competencies of Catalonia and the Basque Country, the two regions that already were autonomous at the time.
The Court would give its verdict soon enough, in February 1981. It deemed constitutional the section dealing with the autonomy of the private centres and education and in line with the constitutional text's liberty of education right. However, it did consider unconstitutional the provisions regarding the lack of autonomy of public schools from the ministry and the interference with the rights of Catalonia and the Basque Country. The Government of Calvo Sotelo, with ministers Ortega (Jan. - Dec. 1981) and later Mayor Zaragoza (Dec. 1981 - Sep. 1982) would have to deal the issue. Given the challenges that the Government faced with the LAU, the Government would simply change the LOECE's text to adjust it to the mandate of the Constitutional Tribunal, increasing the autonomy of the centres and expanding considerably the role of teachers and parents in the running of the schools and deleting those articles deemed as breaching regional competencies.
If the situation with primary and secondary education had been complicated, by 1982, the Calvo Sotelo Government would face during the last two years of legislature one of its hardest battles - which shook the UCD to the core - on the reform of the laws governing Spanish universities. The universities' student body had increased by 5 since the 1960s, with an overcrowded and politically radicalised student body with outdated structures, both in terms of infrastructure and of education methods. The response to the problems from the UCD was the LAU, Ley de Autonomía Universitaria, which set down the new principles guiding universities in Spain. It gave them the autonomy already recognised in the Constitution and sought to establish a system of tuition fees, with the amount varying on the basis of the applicant's students' family income. Furthermore, the text had difficulties balancing out the autonomy of the regions in educative matters with the autonomy of universities themselves, which, unlike that of primary schools, the Government largely accepted and did not attempt to circumscribe. The text arose its biggest opposition from the expected "trouble-makers", the students but also from an unexpected quarter, the UCD itself. 1980-1983 was the period when the party's right, and concretely the Christian democrats sought to take over the party and give it an ideological - as opposed to technocratic - outlook. That a supposedly more conservative government than that of Suárez would insist on passing a law that constrained the autonomy of private universities, and particularly their capacity to issue degrees and setting the curricula was seeing as a betrayal by many. As a result, and helped by the AP, the party's right revolted on the issue.
The rebellion, similar to those instigated during the last year of Suárez's premiership was troubling so close to the elections. As a result, after a round of talks with socialists, Catalans, Basques and the main leaders of the party's right (Lavilla, Garrigues Walker, De Miranda, Herrero de Miñón), the Government would not find sufficient consensus. Nevertheless, and given the derelict status of the universities, Calvo Sotelo personally obtained the abstention of the party's right and the support of the non-Communist groups to pass the law. In exchange for the abstention of slightly less than a fourth of the party's deputies, Calvo Sotelo promised a reshuffle that would increase the presence of Christian democrats and liberals at the expense of Suarists and social democrats and the head of Mayor Zaragoza, who would remain Education minister, but with the new Universities and Research portfolio assigned to Manuel Cobo del Rosal.
Notes:
(1) Educación General Básica (General Basic Education). Ages 6 'til 14.
(2) Bachillerato Unificado Polivalente (Unified Versatile Baccalaureate). Ages 14 to 17. Curso de Orientación Universitaria (University Orientation Course). Ages 17-18.
(3) Vocational, technical education.
(4) This problem of working-class neighbourhoods, built from scratch, without practically any supervision and overnight to house the massive rural exodus of the 60s and 70s meant that many of these areas had no public provisions and schools, hospitals, even parks were amiss. The 80s were a time, OTL and TTL, of correcting those problems.
(5) In his term as Education minister (1979-80), 930,000 non-university public spots were created, that is one for every five pre-existing ones.
(6) School Centres' Statute.