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State regulations

Organic Law 8/1985, of 3 July 1985, regulating the Right to Education

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Organic Law 2/2006, of 3 May 2006, on Education (LOE)

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  • Organic Law 2/2006, of 3 May 2006, on Education (LOE)Nueva ventana
  • Educational and vocational guidance is a necessary mean for the achievement of a personalised education, which favours a comprehensive education in knowledge, skills and values. (Article 1. Principles).
  • Educational and vocational guidance is one of the factors that favour the quality of education and to which the public authorities shall give priority attention. (Article 2. Aims).
  • Public authorities should facilitate access to information and guidance on lifelong learning provision and the possibilities of accessing it (Article 5. Lifelong learning).
  • The educational, academic and vocational guidance of students is one of the functions of the teaching staff, in collaboration, where appropriate, with specialised services or departments. (Article 91. Functions of the teaching staff)
  • In Compulsory Secondary Education, the educational and vocational guidance of pupils will be a priority (Article 22.3. General principles of the stage).
  • It is the responsibility of the Education Administrations to promote the necessary measures so that the personal tutoring of pupils and educational, psycho-pedagogical and vocational guidance constitute a fundamental element in the organisation of this stage (Article 26.4. Pedagogical principles).
  • Lifelong learning programmes must consider the adaptation of knowledge and methods to the evolution of sciences and specific didactics, as well as all those aspects of coordination, guidance, tutoring, educational attention to diversity and organisation aimed at improving the quality of teaching and the functioning of the centres. (Article 102. Lifelong learning)
  • The Administrations must provide the necessary resources to guarantee the existence of services or professionals specialised in educational, psycho-pedagogical and vocational guidance. (Article 157. Resources for the improvement of learning and support for teachers).

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

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  • Organic Law 3/2020, of 29 December, which amends Organic Law 2/2006, of 3 May, on EducationNueva ventana
  • Gender equality approach through coeducation and promotion at all stages the learning of effective equality between women and men, the prevention of gender violence and respect for affective-sexual diversity, introducing in secondary education the educational and professional guidance of students with an inclusive and non-sexist perspective. (Preamble).
  • The public authorities shall give priority attention to the set of factors that favour the quality of education and, in particular, the qualification and training of teachers, their teamwork, the provision of educational, human and material resources, the environmental and health conditions of the school and its context, research, experimentation and educational renewal, the promotion of reading and the use of libraries, pedagogical, organisational and management autonomy, the management function, educational and vocational guidance, educational inspection and evaluation. (Article 2(2))
  • The pedagogical criteria with which the training programmes of these cycles will be developed will be adapted to the specific characteristics of the students, adopting an organisation of the curriculum from an applied perspective, and will encourage the development of social and emotional skills, teamwork and the use of information and communication technologies. Likewise, tutoring, educational, and vocational guidance will have special consideration, providing personalised socio-educational accompaniment. The Education Administrations shall promote the cooperation and participation of social agents from the surrounding area, other institutions and entities, especially local Corporations, professional associations, non-governmental organisations and other business and trade union entities, for the development of these programmes. (Article 30. Basic Level Vet Cycles)
  • VET shall promote the integration of scientific, technological and organisational contents and shall guarantee that students acquire competences related to digitalisation, career management skills, innovation, entrepreneurship, technological versatility, knowledge management and management of their professional project, commitment to sustainable development and the prevention of occupational and environmental risks and professional responsibility. (Article 42. Content and organisation of the offer -Referred to VET-, Section 3).
  • It is the responsibility of the Education Administrations to develop a suitable and effective vocational guidance system, which contributes to the consideration of all types of training and professional options and promotes the effective equality of women and men. (Article 42. Content and organisation of the offer -Referred to VET Education-, Section 9).
  • The Educational Administrations, in collaboration with the competent administrations in the field of employment, shall promote vocational guidance measures that foster lifelong learning and the improvement of the qualifications of adults, guaranteeing the necessary training offers. (Article 67, paragraph 10).
  • Lifelong learning programmes shall include the adaptation of knowledge and methods to the evolution of science and specific teaching methods, as well as all aspects of coordination, guidance, tutoring, inclusive education, attention to diversity and organisation aimed at improving the quality of teaching and the functioning of schools. (Article 102).
  • Parents, in relation to the education of their children, have the following rights:

g) Be heard in those decisions that affect the academic and professional guidance of their sons and daughters. (First final provision).

  • The following basic rights are recognised for pupils:

d) Receive educational and vocational guidance. (First final provision).

Organic Law 5/2002, of 19 June 2002, on Qualifications and Vocational Training

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  • Organic Law 5/2002, of 19 June 2002, on Qualifications and Vocational TrainingNueva ventana
  • Provide the interested parties with adequate information and guidance on vocational training and qualifications for employment (Article 3. Aims of the National System of Qualifications and Vocational Training).
  • Increase the participation of enterprises and other entities in the National System of Qualifications and Vocational Training, among others, in the fields of training of teaching staff, training of students in workplaces and other professional practices, as well as in vocational guidance (Article 6. Collaboration of enterprises, social partners and other entities).
  • Within the framework of the National System of Qualifications and Vocational Training, vocational information and guidance will have the following aims:

1. Inform about the opportunities of access to employment, the possibilities of acquisition, assessment and accreditation of professional competences and qualifications and about the progress in them throughout life.

2. Inform and advise on the different training offers and possible training itineraries to facilitate labour insertion and reinsertion, as well as professional mobility in the labour market (Article 14. Purpose).

  • The information and vocational guidance may involve, among others, the services of the educational and labour Administrations, the local Administration and the social agents, with the General State Administration being responsible for developing formulas for cooperation and coordination among all the entities involved. (Article 15. Organisation of vocational information and guidance)
  • The Government, in cooperation with the Autonomous Communities, shall ensure and promote actions to ensure that public vocational guidance services comply with the following guidelines:

a) Comprehensive guidance and the quality of guidance services, regardless of the entity that provides them.

b) Adequate training of the professionals providing guidance services.

c) Coordination between guidance services and education, employment and social inclusion policies.

d) The accessibility of this service to all citizens.

e) The provision of specialised attention services to companies (Article 15a).

  • The Government shall promote the systematic data collection at national level on the use of the vocational information and guidance service and the potential demand (Article 15a).
  • The Government shall develop, with the collaboration of the administrations of the Autonomous Communities, an integrated computer platform for information and guidance, for the counselling of citizens (Article 15a).
  • The integrated vocational training centres and the National Reference Centres shall assume the role of experimentation and dissemination of the results of the mixed model of information and guidance service. (Article 15a)

Royal Decree 1224/2009, of 17 July, on the recognition of professional competences acquired through work experience

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Vocational guidance as a key element in the procedure.

The competent administrations:

  • Guarantee an open and permanent service that provides information and guidance to all persons who request it, on the nature and phases of the procedure, access to it, their rights and obligations, the official accreditations that can be obtained and the effects of the same.
  • They shall provide models of self-assessment questionnaires for the units of competence that are the object of assessment in each call, in order for participants to identify their possible professional competence in any of them.
  • They shall guarantee the training and updating of guidance counsellors and other professionals from the educational and labour administrations who participate in the process.

The Ministry of Labour and Immigration and the Ministry of Education will develop, with the collaboration of the administrations of the Autonomous Communities, an Information and Guidance Platform that will make it possible to obtain information on the assessment and accreditation procedure, the calls for applications and the training offers. It will also include the necessary tools to facilitate self-assessment and the choice of training pathways. (Article 8: Information and guidance).

The figure of the assessor: functions and requirements (Articles 23 and 25).

Real Decreto 143/2021, de 9 de marzo, por el que se modifica el Real Decreto 1224/2009, de 17 de julio, de reconocimiento de las competencias profesionales adquiridas por experiencia laboral

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  • Real Decreto 143/2021, de 9 de marzo, por el que se modifica el Real Decreto 1224/2009, de 17 de julio, de reconocimiento de las competencias profesionales adquiridas por experiencia laboral. BOE
  • Las Administraciones competentes mantendrán abierto un procedimiento de evaluación y acreditación de las competencias profesionales, adquiridas a través de la experiencia laboral o de vías no formales de formación, con carácter permanente. Este procedimiento permanente estará referido a la totalidad de las unidades de competencia profesional incluidas en la oferta existente de Formación Profesional de cada comunidad autónoma vinculada al Catálogo Nacional de las Cualificaciones Profesionales.
  • Las administraciones competentes, en colaboración con los interlocutores sociales, promoverán la máxima difusión del procedimiento, así como la información y orientación a las que se refiere el artículo 8, al menos en los centros educativos que imparten enseñanzas de Formación Profesional, los Centros de Educación para Personas Adultas, centros autorizados para impartir Formación profesional para el empleo y en las Oficinas de Empleo. Salto de línea (Artículo 10. Convocatoria del procedimiento de evaluación)
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