Management staff

Non university institutions

“CHAPTER II: Autonomy of the institutions" Organic Law 2/2006 on Education (LOE), as amended by Organic Law 3/2020 on Education (LOMLOE), establishes that the autonomy of the institutions will be favoured so that their economic, material and human resources can offer a response and viability to the educational projects and organisational proposals.

Institutions have the autonomy to draw up, approve and implement a management project. The educational authorities may delegate competences relating to staff management to the governing bodies of public schools, making the directors responsible for the management of the resources made available to the school.

In addition, Article 91 of the LOE as amended by the LOMLOE, establishes that one of the functions of the teaching staff is, among others, to coordinate the management and direction activities entrusted to them. The organisation and running of non-university public education institutions is regulated by the Organic Regulations of each institution.

Articles 113 and 119 of the LOE as amended by the LOMLOE define the governing bodies of non-university education institutions as follows:

• Single-member governing bodies: management team. Made up of:
  • school head;
  • the head of studies;
  • secretary;
  • any other roles established by the Education Administrations.
• Mixed-membership governing bodies:
  • School council: made up of:
    • the headmaster or headmistress of the school, who shall chair the Council;
    • the head of studies;
    • a city councillor or representative of the City Council;
    • a group of teachers who may not be less than one third of the total number of members of the Council;
    • a group of representatives of the families and students, elected respectively by and from among them, which may not be less than one third of the total number of members of the Council;
    • a representative of the school management and services staff or secretary of the institution.
  • Teachers’ Assembly: chaired by the school head and made up of all the teaching staff working at the school.

The members of the management team are civil servant teachers, meaning that their previous initial training is similar to that of the rest of the body of civil servant teachers.

The working conditions of management positions are governed by the State’s own regulations and by the different education authorities, as well as by the basic legislation applicable to civil servants of all the public authorities.

Publicly-funded private schools have the following bodies: the head teacher, the School Council and the Teachers’ Assembly.

Private schools enjoy autonomy to structure their organisation, and as such may establish the governing and participatory bodies which they deem fit. 

Article 13 of Organic Law 6/2001 on Universities (LOU) of 2001, as amended by Organic Law 4/2007 (LOMLOU) of 2007, highlights the autonomy of institutions in the election, appointment and removal of governing and representative bodies. 

In public university institutions, the exercise of the administrative functions, economic governance and organisation of teaching corresponds to the different governing bodies of the universities. The basic principle of their organisation is the participation of all the sectors involved, which accommodates, especially the collegiate bodies, the different sectors that make up the university community: teaching staff, students and clerical and service staff.

The statutes of each university must establish, at least, the following governing  and representative bodies:

• mixed-membership bodies: Social Council, Governing Council, University Asembly, School and Faculty Boards and Department Councils;
• individual bodies: Rector, Vice-Rectors, Secretary General, Manager, Faculty Deans, Directors of Schools, Departments and of University Research Institutes.

The election of representatives of the different sectors of the university community in the University Faculty, the Department Boards and the Department Councils will be conducted on the basis of universal, free, equal, direct and secret voting for each of them. The statutes will establish the applicable electoral regulations, which shall encourage a balanced presence of women and men in the collegiate bodies:

Out of them, the Governing Council, led by the rector, is the highest mixed-membership body of the university government.

Article 27 of the LOU as amended by the LOMLOU, establishes that the organisational and operational rules of private universities shall define their governing and representative bodies, as well as the procedures for their appointment and dismissal. In any case, the organisational and operational rules of private universities must ensure that decisions of a strictly academic nature are adopted by bodies in which teaching and research staff have a predominant representation. They shall also ensure that teaching and research staff are heard for the Rector’s appointment.

Staff involved in monitoring and control

Article 27 of the Constitution entrusts the public authorities with the inspection of the education system.

Thus, several mechanisms have been established for monitoring and controlling the functioning of the education system in order to ensure quality education for all:

• High Inspectorate: with competences at State level to supervise all studies, non-university and university, guaranteeing that all Autonomous Communities comply with the regulation established by the State. Article 149 of the LOE as amended by the LOMLOE establishes that in the exercise of their functions, Spanish civil servants are considered to be public authorities for all purposes, which allows them to demand the collaboration of the State authorities and the Autonomous Communities. The twenty-third additional provision of the LOU as amended by the LOMLOU establishes the High Inspection Service as a tool to guarantee the fulfilment of its powers in the field of university education, without prejudice to the powers of the Autonomous Communities. The Ministry of Education and Vocational Training (MEFP) regulates its organisation, its staff governance and, after consulting with the Autonomous Communities, the procedures for action.
• Education Inspectorate for Non-University Education: article 148 of the LOE as amended by the LOMLOE, states that the regional education administrations organise, regulate and perform this inspection within their territorial scope. Education inspection is carried out by civil servants belonging to the Body of Inspectors which in turn are under the corresponding education authorities. Inspectors have their field of action assigned depending on different criteria, such as:
  • their university degree;
  • training courses on education inspection;
  • professional experience in teaching;
  • their own experience in education inspection;
  • procedures for the provision of work posts:
    • the needs of the Education Administration are taken into account;
    • the previous teaching specialisation of candidates might be considered as a merit.
  • the working conditions of education inspectors are regulated by their own regulations, as well as by the basic legislation applicable to civil servants of the entire public authority.
• Education Inspectorate for University Education: universities, as autonomous institutions, develop their own control and supervision mechanisms. 

Staff responsible for guidance

Article 1 of the LOE as amended by the LOMLOE establishes in its general principles that "the educational and professional orientation of the students is a necessary instrument for the achievement of a personalised training process that fosters a comprehensive education in knowledge, skills and values". This principle is especially important in the Secondary Education stage.

Educational guidance is a right of all students and a fundamental tool for developing the principles of equity and quality of the education system. Guidance requires trained and qualified professionals.

The implementation of education policies focusing on the quality of education has led to the establishment of guidance services designed as instruments for change and educational optimisation. 

Regarding the tutoring function of teachers, article 105 of the LOE as amended by the LOMLOE, establishes specific proposals in order to reinforce tutoring and notes that the Educational Authorities must favour the recognition of the tutorial function by means of the appropriate professional and economic incentives.

As for the resources for the improvement of learning and teacher support, article 157 of the LOE as amended by the LOMLOE, highlights that the educational authorities are responsible for promoting the necessary resources in order to guarantee the existence of services or specialised professionals in educational, psycho pedagogical and professional guidance.

Educational authorities establish the following professionals as the ones in charge of carrying out guidance tasks in non-university institutions:

• counsellors, psychologists, pedagogues and psycho-pedagogues, who coordinate educational guidance at the educational establishment through structures internal to the institution (Guidance Departments or Units) or external (Educational and Psycho-pedagogical Guidance Teams, Early Care Teams or Specific Teams). They carry out activities related to the direct involvement with pupils, teachers and families, as well as advice regarding the development of the institution’s documentation, prevention measures, etc.
• at the level of direct intervention at educational institutions, the following are also part of the guidance structures mentioned:
  • teachers specialised in Community Services;
  • teachers specialised in Therapeutic Pedagogy and Hearing and Speech, responsible for developing measures to cater for the needs derived from the diversity of students.
• at the level of indirect or specific intervention with educational institutions, actions supporting the guidance structures directly involved with pupils, teachers and families are implemented. They are carried out by structures external to the institution and can be basically of two types:
  • specific resource centres or advice centres, with different names in each Autonomous Community.
• class teachers, who carry out their activity in the classroom, and are responsible for pupils’ guidance as a group through tutoring, which is part of the teaching activity. Some of their functions are:
  • tutoring students;
  • educational, academic and professional guidance for students;
  • assistance regarding the intellectual, social and emotional development of the students.

Article 65 of the University Student Statute, establishes the creation of units within universities to provide psychological advice and guidance on training and career paths. These units:

• provide information, resources, support and training to students in order to optimise their adaptation to university life as well as their integration into the labour market;
• often depend on the vice-rectors' offices involved in student care.

The Statutes of each university define the professionals who work at university guidance:

• pedagogues, psychologists and/or educational psychologists;
• guidance and work placement technicians;
• economists, lawyers or sociologists;
• administrative and services personnel.

Other education staff

Non university institutions

In public educational institutions, this type of personnel may be of a civil servant nature or employees, ascribed to bodies and/or different levels depending on the qualification requirements to enter the profession. Supply or service contracts also exist.

The different types of personnel at the service of the Public Administrations, and among them the education authorities, come under article 8 of the Basic Statute of the Civil Servant.

This statute, in addition to civil servants and interim staff, regulates, in article 11, some of the aspects of employee staff that work for the Public Administrations.

The categories and working conditions of non-teaching staff in public schools related to educational action, administrative and services come under the different Collective Agreements that the Autonomous Communities establish.

In non-university institutions there might be professionals in charge of carrying out educational and/or health support. They are specialists with specific qualification for the tasks they take charge of, such as:

• health aid technicians;
• speech therapists;
• physiotherapists;
• occupational therapists;
• clinical auxiliaries;
• educators;
• advanced technicians in social integration;
• specialised technicians in education;
• infant assistants.

In addition, there are professionals in charge of the administration tasks and of the general services at schools. This staff is called administrative and services personnel and is integrated by:

• administrative staff;
• library staff;
• ICT staff;
• service staff.

Publicly-funded private schools and private schools employ their personnel by means of contracts. The categories of the non-teaching personnel in private centres related to educational action, administration and services are established in the Collective Agreements of publicly-funded private schools and  private schools respectively, both applicable in the whole of the Spanish State.

University institutions

In university institutions there a professionals in charge of carrying out tasks related to health and psychological issues and occupational risk prevention. This staff develops the prevention action plan and caters for the well-being of students and staff, and is integrated, mainly, by:

• doctors specialised in Occupational Medicine;
• psychologists;
• nurses;
• advanced technicians in Health and Safety.

Article 73 of the LOU as amended by the LOMLOU defines the Administrative and Services Staff (PAS) of the Universities, made up of:

• administrative staff;
• ICT staff;
• library staff;
• service staff.

The administrative and services personnel of public universities is made up of:

• officials within the hierarchies of the university;
• contract staff recruited by the university;
• civil servant personnel belonging to the bodies and ranks of other public administrations.

Private university institutions have contracted personnel are governed by the collective agreements for private university institutions, by the statutes of the university itself, the Workers’ Statute, the applicable collective agreements, as well as by their work contract.