Constitucional framework of Spanish private teaching sustained with public funding.

Juan José Guardia Hernández, author of the attached study, is a professor at Universitat Abat Oliva CEU in Barcelona. The present study has been published in Estudios Constitucionales, Year 17, No 1, 2019, pp. 321-362 ISSN 07180195. Centro de Estudios Constitucionales de Chile (Universidad de Talca)

The current Spanish constitutional educational model is thirty-three years old in 2018. One of its most outstanding features is the state funding of private educational establishments that meet the conditions required by law. The public economic sustainability of private schools is an example of a legally-based constitutional right. The legislation articulates this right through a system of educational agreements that raises many questions, especially as regards its restrictive granting, being subject to state educational planning. At the bottom of the constitutional controversy lies the definition of education as a public service or a service of public interest.