He President of the Contentious-Administrative Court number 2 of Pamplona estimated the resource presented by a educational center against one resolution of the Department of Education of the Government of Navarra which allowed him to impose the system of self-assessment At charter schools.
The magistrate holds in the judgementwhich may be the subject of an appeal before the Contentious-Administrative Chamber of the Superior Court of Justice of Navarre (TSJN)which turns out “extravagant” And “illegal“the manner in which this interference is supposed to be carried out in the SKILLS educational centers.
In your requesthe educational center challenged the aforementioned standard, believing that it violates the skill of subsidized private centers, while the self-assessmentwho is a own and exclusive competence of the educational center, as well as the educational autonomyof organization and of management.
The applicant also pointed out that the provisions of the article 106 of organic law 2/2006May 3 Educationsince the said rule refers solely and exclusively to “Evaluation of the teaching public service“, not at approved private centerswho are therefore competent to self-assessment to his teachers.
In this regard, the magistrate concludes that it is “clear“that that Organic Law attributes to approved private centers the faculty of self-assessment.
“In this sense, the administrative activity contestedwhile it imposes, and this in a precise and determined manner, without any margin of decision, the form and manner in which the educational center must carry out the self-assessmentsupposes the transgression of beginning that, as has been pointed out, the Organic Law 2/2006, of May 3, on Educationsubsidies to educational centers in this area,” underlines the judge.
Regarding the violation of educational autonomyof organization and of management of the concerted centersthe magistrate also grants the complainant’s request. He emphasizes that inspection of the education system It is responsible for the inspection, supervision and evaluation of the education system, but not of self-assessment. “And this being the case, it is not possible, as Defendant administrationimpose what and how it must be done self-assessment“, he said.
It is possible, adds the judge, that the department of education have the legitimacy and power to establish a self-assessment model for centers public of his property, a question which is not part of the subject of this procedure. “Now it turns out extravagant (in addition to illegal) the manner in which it is planned to carry out this interference in the SKILLS of the concerted centers to achieve the self-assessment», he reproaches.
THE RESPONSE OF THE GOVERNMENT OF NAVARRA
Education will please before the contentious administrative chamber of the Superior Court of Justice of Navarre (TSJN) the judgment in which the resolution of the department which authorized it to regulate the self-evaluation system of subsidized private educational centers is annulled.
The ministry estimates that Yes, it is within its powers to set self-assessment instructions to all centers supported by public funds, including subsidized private centers, as indicated by the government in a note.
The president of the Contentious-Administrative Court number 2 of Pamplona considered the appeal presented by a center against a resolution of the Department of Education of the Government of Navarre which authorized it to apply the self-evaluation system to charter schools.
Foral Order 45/2022, of June 10, of the Minister of Education, which establishes the general framework of educational evaluation of non-university education of the Foral Community of Navarra, has among its objectives the establishment of a complete and coherent educational evaluation system in Navarra.
This system is designed according to the provisions of Article 145 of Organic Law 2/2006, which indicates that educational administrations can, within their competences, develop and carry out evaluation plans for educational centers, supporting and by facilitating self-assessment two.
This is why he considers that the action deployed, both in the concerted centers As in the public sector, it is framed within the functions and powers that the Education Inspection Service has assigned by the aforementioned organic law.
