What to do about school charges that seem illegal or unclear

Terms used

• Concertada — A concertada school is privately run but publicly funded under an agreement, so teaching must be free.
• Consejo escolar — The consejo escolar is the school council, with staff, parents and others, which oversees school decisions.
• Inspección Educativa — The Inspección Educativa is the regional education inspectorate that checks schools follow education rules.
• Comedor — The comedor is the school canteen, a voluntary paid service.
• Hoja de reclamaciones — The hoja de reclamaciones is the official consumer complaint form businesses must provide.

Key rules

• Free teaching: Public and concertada schools cannot charge for teaching or ask for mandatory donations to enrol.
• Voluntary means voluntary: Not paying a voluntary contribution cannot cost your child their place or lead to different treatment.
• Complaint order: Write to the school first, then the inspectorate, the regional education department and the ombudsman.
• Private schools: Fully private schools set fees by contract, so use the consumer route with a hoja de reclamaciones.
• Evidence: Keep every complaint and reply in writing, especially if your child is treated differently afterwards.

Start by working out what kind of school you have

The right complaint route depends on the type of school. Check whether it is public, concertada (privately run but publicly funded) or fully private. The school's website or enrolment papers will say.

Which charges are improper

In public and concertada schools, teaching is free. Watch for these:

• A "mandatory donation" or fee as a condition of enrolling.
• A charge for classes that are part of the curriculum.
• A charge for compulsory or complementary teaching activities that have not been authorised.
• Any payment from families for the schooling that public funding already covers (concertada schools).

Comedor (school canteen), transport and extracurricular activities can be charged for. They must be voluntary, and in concertada schools the amounts must be authorised by the region. Authorised amounts differ by region, so ask your regional education department what applies.

Fully private schools set their fees by contract. The limits above do not apply to them, so the question there is what your contract says.

Voluntary contributions cannot cost your child their place

In public and concertada schools, a voluntary contribution cannot be a condition of admission, enrolment or keeping a place. The school also cannot treat your child differently if you don't pay. A concertada school that does this can be investigated by the education inspectorate.

A school also may not penalise a child because the parents complain. If it happens, you can go to the inspectorate, the regional education department, the ombudsman or, in serious cases, the courts. Keep everything in writing from the start.

Public schools: the complaint route

Go in this order:

1. Write to the school director and the consejo escolar (the school council).
2. If that fails, complain to the Inspección Educativa for your province or area.
3. Last, go to the regional ombudsman, or the national one.

You can file in writing at the school, or through the regional authority's registry or electronic office. The names of offices differ by region.

Concertada schools: the complaint route

Start with a written complaint to the director and the consejo escolar. Then go to the Inspección Educativa and the regional education department. The department authorises concertada charges and can sanction a school that breaks its funding agreement. File through the regional authority's registry or electronic office. The regional ombudsman can also review the case.

For paid services such as comedor or transport, you are also a consumer. You can use the consumer route below.

Private schools and paid services: consumer route

Complain to the school first. Then go to your regional consumer office, using the hoja de reclamaciones. You can also bring a civil claim, such as a small claim, or a monitorio procedure for unpaid debts. The education inspectorate can check that a private school follows education rules, but it has little power over prices.

The hoja de reclamaciones mainly suits private schools and paid services in concertada schools. For free teaching in public schools, use the education route. Whether the hoja applies to public schools varies by region.

How to protect your child's place

• Raise it in writing and keep copies and replies.
• Pay nothing you believe is not owed without writing that you pay "under protest" and asking what the charge covers.
• Keep receipts, circulars and messages that show the charge was presented as compulsory.
• If your child is treated differently afterwards, add that to your file and complain about retaliation.

The message template below can help you ask the school to explain a charge. The decision and FAQ below help you choose a route.

Choosing between options

Which complaint route should you use for a school charge you think is improper?

• Education complaint route: Use this for charges linked to free teaching at a public or concertada school, or for a voluntary contribution pushed as a condition. Write to the director and the consejo escolar (the school council), then the Inspección Educativa, then the regional education department, and finally the regional ombudsman.

• Consumer complaint with a hoja de reclamaciones: Use this for a paid service under contract. That means a private school's fees, or comedor, transport and extracurricular charges at a concertada school. Ask for the hoja de reclamaciones (official complaint form) and go to your regional consumer office.

• Complaint about retaliation: Use this if the school treats your child worse after you complain. Keep written evidence and go to the Inspección Educativa and the regional education department, the ombudsman or, in serious cases, the courts.

If the charge is for teaching or is tied to your child's place, use the education route. If it is for a paid service you contracted, use the consumer route. Either way, complain in writing, and your child's place cannot be taken away because you complained.

Message questioning a school charge

Send this message to the school director before you complain to anyone else. It puts your question in writing and gives you a record. Write it in Spanish. Fill in the brackets, delete any line that does not apply, and keep a copy.

Asunto: Solicitud de aclaración sobre el cobro de [concepto]

Estimado/a director/a:

Yo, [nombre y apellidos], con DNI/NIE/pasaporte [número], domicilio en [dirección], teléfono [teléfono] y correo electrónico [correo], padre/madre/tutor/a legal del alumno/a [nombre del hijo/a], del curso [curso y clase], me dirijo a usted por lo siguiente.

Con fecha [fecha] se me ha cobrado la cantidad de [importe] euros en concepto de [concepto], según [factura/recibo n.º ___ / recibo bancario / circular].

Por la presente, solicito que me informen por escrito de lo siguiente:

1. El fundamento legal o contractual del cobro de [importe] euros.
2. Si el pago es voluntario u obligatorio.
3. Si el consejo escolar lo aprobó y en qué fecha. (Colegios públicos y concertados)
4. Si la administración educativa lo autorizó. (Solo colegios concertados)
5. El desglose detallado del importe.
6. Qué ocurre con las familias que no abonan este importe.

Mientras se aclara esta cuestión, solicito que se suspenda el cobro y que no se aplique ninguna consecuencia a mi hijo/a por el impago.

Les ruego que me respondan por escrito en el plazo de diez días.

Adjunto copia de [la factura/el recibo, el extracto bancario, el contrato de matrícula, las circulares].

Me reservo el derecho de acudir a la Inspección Educativa y a las acciones que correspondan.

Atentamente,

[Lugar y fecha]

[Firma]

How to deliver it

Choose the option that gives you the proof you need.

• In person at the school office (secretaría): This is the usual route. Hand over two copies and ask for one back stamped with the date and a registry number (sello de registro de entrada).
• Email to the school's official address: Ask for an acknowledgement of receipt. It is evidence, but weaker than the other options.
• Burofax from Correos: Ask for the certified text (certificado de texto) and an acknowledgement of receipt. It gives the strongest proof of what you sent and that it arrived, but it costs money. Ask Correos for the price.
• Electronic registry of the regional education authority: Public schools may also accept this route. Keep the receipt.

Before you send it

• If your child's school is private, the enrolment contract matters more than school council approvals. Delete points 3 and 4, and add the contract clause you think covers the charge.
• Rules on permitted charges vary by school type and region. Check which apply to your school.
• Keep a copy of the message and every reply.
• If you get no answer, the next steps are the school council, then the regional education inspectorate. Names of offices differ by region.

Frequently asked questions

Can a school keep my child's place if I refuse a voluntary contribution?

No, a publicly funded school cannot make a voluntary contribution a condition of admission, enrolment or keeping a place. It also cannot treat your child differently if you do not pay. If a concertada school does this, the education inspectorate can investigate it.

Can a school punish my child if I complain about a charge?

No, a school may not penalise your child because you complain. Doing so breaches your child's right to education, and in a concertada school it can breach the funding agreement (the concierto).

Where do I complain about a charge at a private school?

Complain to the school first, then to the regional consumer office using the hoja de reclamaciones (the official complaint form). Private schools set fees by contract. A civil claim, such as a small claim, is another route.

Which charges can a concertada school ask for?

A concertada school can charge only for authorised extras such as comedor (school lunch), transport and extracurricular activities, and these must be voluntary. It cannot charge for curricular teaching or require a donation to enrol. Amounts must be approved under your region's rules.