educational legislation

23 January 2022

* Organic Law 3/2020, of 29 December, which amends Organic Law 2/2006, of 3 May, on Education.

This article seeks to reflect on the place that school results or outcomes have among the rest of the education system’s objec­tives, on the understanding that alongside its traditional qualification function, an ed­ucation system also has a socialisation and subjectification function. Yet, none of these three functions can be considered independ­ent of the other two. If the qualification function is centred exclusively on certain areas and chooses to neglect all others, the consequences of this will be reflected in the other two domains. If we drain the social­isation and subjectification functions of any relationship with the transmission of cultural knowledge or if this knowledge is unrelated to either of these two functions, it will gradually lose all meaning and we will find ourselves left with a certain type of disinherited citizen, equipped with no other arms to interpret the world than that of a decontextualized, dominant way of think­ing. In recent years, we have been witnesses to the progressive deterioration of the role that the transmission of knowledge plays in school. This transmission is the education system’s particular way of contributing to the social and subjective training of citi­zens, and the crisis it is undergoing opens the door to a change in the system’s objec­tives. This change in the consideration of the role to be played by content is reflected in Spain’s new education law, the LOMLOE, in which the way teachers teach is given more importance than what they teach. This shift in direction is also reflect­ed in the way this Law considers the evalu­ation of performance and in the increasing weight it assigns to other different criteria when determining whether a student can move up to the next grade. Here, we argue for a return to the measurement of school results and student performance in their most basic summative sense, in order that we might once more value the knowledge accumulated over the centuries as the best source of socialisation, subjectification and qualification.



Please, cite this article as follows: Gaviria, J. L., & Reyero, D. (2022). La transmisión de los contenidos culturales y su evaluación entre los fines del sistema educativo, según la LOMLOE | The transmission of cultural content and its evaluation among the ends of the education system: An analysis of the LOMLOE. Revista Española de Pedagogía, 80 (281), 31-53.

23 January 2022

* Organic Law 3/2020, of 29 December, which amends Organic Law 2/2006, of 3 May, on Education.

The competency-based curriculum ap­proach is an international focus that embodies a trait which is widely shared around the world in today’s educational scenario. It is deemed a response to the challenges faced by societies today, in the era of modern globalisation and the fourth industrial revolution. In Spain, the recently passed Organic Law Amending the Law on Education (hereinafter, LOMLOE) has developed legislation that is now reaching the curriculum. Therefore, it is appropriate to analyse such legislation. This is the purpose of this paper, which describes some of the in­stitutional history behind this curriculum re­form movement; the humanistic component of the movement, which remains connected to so-called “liberal education” while broadening its perspectives, is specified; certain elements of the ideological controversy around this new curricular approach and its rendering in the new law are described; a critical analysis of the conceptual foundations of the new structure is made and its limitations are indicated; atten­tion is drawn to the central role of evaluation of learning outcomes and the paper ends with a succinct conclusion.



Please, cite this article as follows: López Rupérez, F. (2022). El enfoque del currículo por competencias. Un análisis de la LOMLOE | The competency-based curriculum approach. An analysis of the LOMLOE. Revista Española de Pedagogía, 80 (281), xxx-xxx.

23 January 2022

The regulation on education suffers from the lack of regulatory quality of many laws and regulations that has been denounced in many countries. The concern for the quality of the norms is old, but it has intensified in the face of “motorized” and “unbridled” legislation that is being the result of the exercise of the normative power by the social and democratic constitutional State under the rule of law. Some causes of the degradation of legislative quality, still limited by the fundamental role of consti­tutions and international treaties, can be iden­tified. Among the means for remedying or, at least, alleviating or curbing the problem, Spain has, although still with limited effectiveness to date, the role given to the Council of State, the General Codification Commission, the Office of Coordination and Regulatory Quality and the Constitutional Court. Particularly noteworthy are some defects or aspects that could be im­proved on in terms of the quality of the legal framework formed by the main statutes (organ­ic laws) regulating education in Spain.

The entire analysis focuses on the legal meth­od, the basis of well-founded doctrinal opinions, legal information and some judicial decisions, under a concept of knowledge or legal science that assumes the integrity of its understanding from the Digest of Justinian Roman Law as div­inarum atque humanarum rerum notitia, iusti atque iniusti scientia, and which, therefore, is founded on ontological anthropology and in­cludes due attention to logic and linguistics. The conclusion arises from the study as a whole: the goal of achieving legislative quality that arises from the outset as a substantive requirement of all legislation, and which is so lacking, cannot fail to be decisively and critically pursued.



Please, cite this article as follows: Martínez López-Muñiz, J. L. (2022). La calidad regulatoria de los marcos normativos: una aproximación crítica | The regulatory quality of legal frameworks: A critical approach. Revista Española de Pedagogía, 80 (281), xxx-xxx.

23 January 2022

*  Organic Law 3/2020, of 29 December, which amends Organic Law 2/2006, of 3 May, on Education.

In the context of a highly complex social and economic landscape, getting educational reforms right is a crucial part of governance understood as the ability of governments to design, formulate and implement public poli­cies. This work focuses on the quality of gov­ernance in the education system. It starts by reviewing the concept of governance and its characteristic features. It then considers the quality of governance in education based on an integrated conceptual model, which is vali­dated through a Delphi process of consultation of experts, and an international comparative analysis. The main results of an exploratory evaluation carried out in 2017 of the quality of governance in the Spanish education sys­tem are described next. Finally, the contribu­tions of the LOMLOE legislation introduced in (2020) are analysed and evalu­ated in the light of the criteria derived from this conceptual model. The main conclusion that emerges from these empirical results is that the Spanish education system has a long journey ahead of it in terms of improving the quality of its governance.



Please, cite this article as follows: López Rupérez, F. (2022). La calidad de la gobernanza del sistema educativo. El caso de la LOMLOE | The quality of governance of the education system. The case of the LOMLOE. Revista Española de Pedagogía, 80 (281), xxx-xxx.