Ayuso’s attempt to paralyze the baccalaureate curriculum, closer to political success than judicial

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Isabel Diaz Ayusso’s appeal is closer to political success than judicial success. According to the jurists consulted, it has little track record in the Supreme Court as it is very difficult to prove ideological bias or lack of material in the state’s curriculum.

What legal arguments does Ayuso use?

Madrid sees the principles that violate the constitution and education law in terms of quality, fairness, equality and individual liberty. They believe that there is no end to the level of training, intellectual and human maturity and knowledge imparting to the student. He sees this in contrast to, among other violations, the purpose of learning and critically evaluating the realities of the world, its historical antecedents and the main factors of its development.

Which parts of the curriculum do you consider inappropriate?

He cites as an example of education that in the second year of the Baccalaureate, in the subject of Spanish history, concepts such as multiple identities, national identities or identity plurality are emphasized. And it disfigures the executive that it has removed al nandalas, the Catholic Monarchs or the Habsburgs and focuses entirely on contemporary history, dissecting history before 1812. Therefore, Madrid recovers them in their ideal.

What do jurists think?

Ferdinand King, Professor of constitutional law at the University of Valladolid and former educational advisor to Castilla y León with PP, says he has no chance of prospering. Judges do not like to reason about abstractions, point out, and remember that they prefer concrete data, such as a topic (Zapatero’s Education for Citizenship) or pin parental That plant Marcia.

He says that, among the courts, only the Constitutional Court can enter into a deeper examination and if it does, it will agree with the government. There are many valid, though different, interpretations of history or philosophy. He said that there is no one right course. All norms are ideologically charged. Merely clear propagation of values ​​contrary to the constitution would be unacceptable, Xavier ArbsProfessor of Constitutional Law at the University of Barcelona.

What are the examples?

Paul New, professor of constitutional law and general secretary of Abbot Oliva Seu University in Barcelona, ​​recalls that, along with Education for Citizenship, TS ruled against parents in 2009, saying the values ​​they intended to transfer were controversial. The subject was formulated in an abstract and it was possible to understand them both in a persuasive and neutral way. He came to say that he could not enter and go to the family court when those values ​​were assimilated in the school in an inspiring way.

In the Sela law and in the edicts of development, ideology has been taken to the maximum, so that political ideas are ubiquitous, while the classic content of education, such as the transmission of knowledge accumulated in our civilization, has been minimized. Expression The question is whether the Supreme Court would like to address the problem or whether it would say that these political views can be interpreted in a non-disciplinary way, observes Nuevo, which also looks at how objective, content and evaluation Norms are written, making it difficult for teachers to objectively and objectively evaluate students’ performance, which may violate an aspect of the right to education, such as the right of students to objective assessment, an aspect that may be infringing It is especially important in the Baccalaureate, as it can condition the career choice of the student.

And reported a lack of material?

It would be an omission of the government, the author of the decree, in developing the law, but it is very difficult to prove illegality by omission, explains Arbs. Legal success cannot be expected from Ayuso’s initiative. His success is, in any case, political/election against the Sanchez government. The guarantee against potential abuse is political and not legal: win elections and change governments and, therefore, educational curricula. Having said that, if we were a serious country with a truly democratic culture, the school curriculum would have been a state subject, agreed between experts from PSOE and PP, as well as representatives of the teaching staff. That’s the only way to avoid these periodic skits, says Ray.

What strategy is Madrid following?

In addition to its appeal, the first offered by an autonomous community (Catholic parents have already gone to the Supreme Court for an elementary curriculum), Madrid has developed its own curriculum by reducing the concepts it ideologically impose. Perceives, especially expressions relating to identity, stability, or gender. It has also introduced more content in line with Lomce.

Can inspection work?

Díaz Ayusso has also announced a special plan from the academic oversight to review new textbooks, which include curriculum concepts, and revise what they believe. This inspection is permitted by law as long as it is done a posteriori, that is, once the books are published. Doing so first, based entirely on the provisional copies being sent to schools these days, would be a kind of censorship. The principle of pre-supervision of textbooks was abolished in 1998, at the same time as Asha Aguirre (PP) was the Minister of Education, at the request of the then Secretary General of Education, Eugenio NasareTo avoid possible indigenization by regional governments.

What other judicial fronts does Ayuso have in education?

In addition to this resource, Ayuso has other academic fights in court. A few days ago the Superior Court of Justice of Madrid agreed to paralyze its decree, which at the request of a CCOO resource, upheld the requirement to pass the curriculum and obtain degrees in the ESO and Baccalaureate. This court has also suspended the circular with which the Madrid Ministry of Education wanted to organize the subjects into the ESO.

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