The Supreme Court has confirmed the annulment of several precepts of the order of the Board that introduced a system of evaluation indicators in Baccalaureate related to certain aspects such as attention to diversity and the organization of the evaluation of the learning process. It is not the first time that the Education Council has received an annulment from the high court since in June 2020 the high court definitively invalidated the order that regulates the ESO curriculum.
The Fourth Section of the Contentious-Administrative Chamber has dismissed the appeal filed by the regional administrationagainst a previous judgment of the Superior Court of Justice of Andalusia (TSJA). The Andalusian high court had annulled articles 21.6 and 32.2 of the Order of the Ministry of Education, of July 14, 2016, which develops the curriculum corresponding to Baccalaureate in the Andalusian community, regulating certain aspects of the attention to diversity and the organization of the evaluation of the student ‘s learning process is established .
Article 21.6 established that the level of competence acquired by the student would be reflected at the end of each course in the evaluation report., in the academic record and in the academic history with the terms Started (I), Medium (M) and Advanced (A). On the other hand, article 32.2 provided that the evaluation records would include the nominal relationship of the students that make up each group with the results of the evaluation of the course subjects, established in article 21, and the decisions adopted on promotion and permanence in the courses. stage courses.
Likewise, it states that in the evaluation minutes corresponding to the end of the course, information regarding the level of competence acquired by each student will be included.
The Supreme has rejected the thesis of the Junta de Andaluciathat it argued in its appeal that the introduction of the aforementioned scale of indicators in the evaluation records, as well as in the file and in the academic history, is an evaluation element that constitutes its own policy.
The sentence, presented by Judge Rafael Toledano, explains that this matter is a state competence, as it is an integral element of the curriculum, so it is not possible to describe it as “own policy” of the Autonomous Community of Andalusia.
The court explains that the expression of the exercise of this competence by the State is the sixth additional provision of Royal Decree 1105/2014, of December 26, which establishes the basic curriculum of Compulsory Secondary Education and Baccalaureate. In its article 2, it establishes that the results of the evaluation of the subjects will be expressed in Baccalaureate through numerical grades from zero to ten without decimals, and grades lower than five will be considered negative.
The high court concludes that, contrary to what was affirmed by the appellant , there is a system of indicators in state legislation that expresses, jointly, both the degree of acquisition of competencies and the achievement of the objectives of the stage.
The sentence establishes as a doctrine that the establishment of the evaluation criteria of the degree of acquisition of competences and the achievement of the objectives of each teaching and educational stage, and its expression through the establishment of scales of indicators in the evaluation records, currently collected in the sixth additional provision of Royal Decree 1105/2014, are matters that correspond to the competence of the State in matters of education, insofar as they constitute an integral element of the curriculum
The sentence establishes as a doctrine that the evaluation criteria of the degree of acquisition of competences and the achievement of the objectives of each teaching and educational stage, and their expression through the establishment of scales of indicators in the evaluation records, currently included in the sixth additional provision of Royal Decree 1105/2014, ” these are matters that correspond to the competence of the State in matters of education, insofar as they constitute an integral element of the curriculum”,

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