The Supreme Court agrees with the concerted teaching against the Ministry of Education, for the classrooms that he removed from high school applying the regional decree 6/2017. The magistrates do not admit to process the cassation appeals presented by the counsel of the Consell against the successive previous rulings of the Superior Court of Valencian Justice (TSJ) in favor of the schools that lost classrooms two years ago.
In the appeals presented by Education that the Supreme Court has already rejected, the Immaculate Jesuit and Marist schools are agreed, both in Alicante. The Court has already established doctrine with two sentences in October in favor of two centers in Valencia, for the Baccalaureate arranged in El Pilar and for the FP also arranged in La Salle de Paterna and the foreseeable thing is that the rest of the Education resources will continue without being admitted, as they maintain sources of the legal representation of the centers of Alicante.
From the Department downplay the issue, pointing out that It is about twenty centers among more than 400 throughout the Communityd. On the question of compensating the money for the most contributed these years in the absence of the grant for the concert, “it is the families who have paid, not the center. It will be necessary to analyze the games and to whom it corresponds, but only in no more than eight centers that resorted. What needs to be done we will do. It is not generalized ”, emphasizes the autonomic secretary of Education, Miguel Soler.
The Supreme Court obliges, by ruling of the Supreme Court, to maintain the educational concerts that were suppressed on the grounds that they are not compulsory teachings. «The legal issues that are the subject of controversy have already been resolved by the fourth section of this Administrative Litigation Chamber of the Supreme Court in its judgments of October 14, 2020, contrary to the thesis held by the appellant, establishing as doctrine of appeal interest that the general concert regime is applicable to the renewal of the singular concerts signed by the autonomous communities at non-mandatory educational levels, remaining subject to the regime provided in the Regulation of basic rules on educational concerts approved by the sole article of Royal Decree 2377/1985 »″.
The magistrates overturn part of the concert decree approved on January 20, 2017 by the Consell. They give Education the power to approve or not new concerts, but they prevent the suppression of classrooms by decree “While the concerts are in force”, and even link them to the regime followed in compulsory education in Primary and Secondary.
The judges warn Education that the concerts “not only cannot unilaterally terminate them, but must renew them as long as the school continues to meet the requirements established by the precept.” And they do not accept as valid the fact that it is not compulsory education. In fact, they cite Supreme Court rulings that rule out the subsidiarity of concerted education with respect to public education.
The Altozano and Calasancio schools of Alicante, Aitana de Elche, La Salle de Alcoy and Sagrada Familia de Elda also presented appeals, because the Salesians of Alicante had their classroom returned and did not go to court.
The concerted centers consulted by this newspaper believe that Education should return the high school concerts that it suppressed and, after four years have passed and the process of requesting concerted classrooms corresponds again, apply the doctrine of the Supreme Court as a final sentence and allow the renewal of concerts automatically, without applying the request from scratch.
There are four articles that the Supreme Court annuls the Education decree that now could not apply. The magistrates demand that the renewal of the concerts be carried out following the state regulation that does not distinguish between compulsory and post-compulsory education, provided that the requirements of the classrooms for which the concert was initially approved in its day are met, and that there is still demand . The new Celaá or Lomloe law, recently approved and which will be applicable from January, does not affect these concerts because their renewal process is already underway, as indicated by the Ministry.
Vicent Marzà, willing to comply with the sentence
From the department headed by the minister, Vicent Marzà, they emphasize that the procedure for the renewal of Baccalaureate concerts for the next year has already begun and that it is governed by the decree of 2017, except for the provisions that the Supreme Court annuls in their sentences. In this way, the centers will be able to renew the concert of both the Baccalaureate and FP classrooms that were suppressed in their day as long as they continue to meet the requirements. The magistrates overturn the autonomous decision that places concerted education as a substitute for public education and, if there is a demand, admits the agreement.
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