Is homeschooling legal in Spain?

Terms used

• servicios sociales — The servicios sociales are the social services office at your town hall that assesses your case and directs you to aid.

Key rules

• Compulsory schooling: Children living in Spain must be in school from age 6 to 16, whatever their nationality.
• No authorisation route: There is no procedure to get permission to homeschool.
• Foreign online schools: An online school from another country does not replace Spanish schooling for families living in Spain.
• Recognised distance study: CIDEAD is the state distance school, but it is limited to pupils with special circumstances.

Homeschooling is not clearly allowed in Spain, and it is not clearly banned either. Schooling is compulsory from age 6 to 16, and in practice families who homeschool are in a legal grey area. Foreign and Spanish families are treated the same.

What the law says

The right to education is in the Constitution, and the education law makes school compulsory between 6 and 16. The Constitutional Court has said the Constitution does not give a right to homeschool, and that the state may require children to attend a school. It did not say homeschooling is a crime, and it said lawmakers could regulate it. Other courts have taken different approaches in some cases. Rules and attitudes also differ between regions, so get advice from a lawyer who knows education law in your region before you decide.

What can happen if your child does not attend

If your child is enrolled but absent, the school follows an absenteeism protocol (protocolo de absentismo). It records the absences and contacts you. It then refers the case to the education inspectorate and to the social services (servicios sociales) of your municipality.

Possible results include:

• a court order to enrol your child
• fines or other sanctions
• in rare cases, a prosecution for failing your family duties (abandono de familia)
• in serious cases, child protection measures

Outcomes vary by region and by case.

If your child was never enrolled, the authorities usually find out through the padrón, health records or a complaint.

Which distance options are recognised

The recognised alternative to a normal school is an officially approved distance centre.

• CIDEAD is the Ministry of Education's distance school. It offers official Primary, ESO and Bachillerato courses. It is mainly for Spanish pupils living abroad, or for pupils in Spain who cannot attend in person, for example because of health, elite sport, an artistic career or travel.
• Regional distance institutes, such as IEDA in Andalucía, are mainly for adults and older students. They are not usually an option for younger children.
• Foreign online schools that Spanish authorities have not approved give no official Spanish qualification. If you live in Spain, enrolling your child in one does not replace compulsory schooling.

Eligibility rules and enrolment periods are set each year. Ask CIDEAD or your regional education department before you plan around either option.

What to do

If you want your child outside a normal school, ask CIDEAD or your regional education department whether your child qualifies for an official distance course. Take legal advice before you stop attending school. Otherwise, enrol your child in a state, subsidised or private school.