The financing of education in the Autonomous State and its coherence with the distribution of educational competence

Abstract

The Spanish Constitution of 1978 grants the Cortes Generales broad jurisdiction to determine which aspects of education must be common to all Spaniards. From that common minimum, to be defined by the State Parliament, the Autonomous Communities can establish some peculiarities and, above all, improvements in the provision. However, for this constitutional design to work properly in a right such as education, with a clearly provision aspect, there must be coherence between educational competences and their financing, so that citizens can distinguish between different responsibilities. Throughout this article, we analyze the system of competence distribution in educational provision, and then assess its consistency with its financing. First, a historical overview of the distribution of competences in educational matters is made. Next, an analysis is made of the distribution of educational competences in the 1978 Constitution, to specify, next, the competences assumed by the state legislator and the autonomies in this matter. In order to analyze the congruence between this distribution of competences and their financing, financial responsibility in the main educational items is analyzed, as well as the improvements included in the regional budgets and state programs in the framework of intergovernmental relations. It is concluded that, although the autonomic diversity in an area such as education takes on its full meaning in improvements such as the financing of school supplies or early childhood education, the way to include the items in their budgets and their different accounting prevents an accurate assessment of them. On the other hand, it is also considered that matters financed today by the autonomous budgets should be financed by the General State Budgets, in accordance with the high degree of regulatory centralization. In the interests of greater clarity in the assumption of responsibilities, a centralized management of aid financed entirely by the State is advocated. A broad interpretation of the ability of the Autonomous Communities to create their own scholarship policy is also proposed.

Summary:

1. Introduction. 2. Historical background. 3. Distribution of competences in education in the Spanish Constitution. 4. The powers assumed by the state legislator. 5. The assumption of powers in education by the Autonomous Communities. 6. Financing of education. 6.1. Investment in centers and financing of concerts. 6.2. State scholarships in the General State Budgets: state regulation and financing; Decentralized management? 6.3. The teachers. 6.4. The educational policies of the Autonomous Communities charged to their budgets. 6.5. The spending power within the framework of intergovernmental relations to incentivize certain autonomous policies. 7. Conclusions and personal assessment.