Rights, complaints and appeals

You will learn what your child is entitled to and the route to follow when things go wrong: first the school, then the inspectorate, then a formal appeal.

Start with "Your child's rights to inclusive education in Spain". It separates what the law guarantees from what is only an aim, so you know where you stand before you raise any problem.

Three more pages follow, and you can read them in any order:

• "Your child's right to school and support whatever your residence status" covers school access when your papers are not yet in order.
• "Can you challenge a school placement or support decision? Appeal rights explained" covers which decisions you can appeal, to whom and by when.
• "When the school says it lacks resources: document the gap and escalate" covers how to gather evidence and press for missing staff or hours.

Finding a lawyer, free legal aid, the disability certificate and day-to-day support are covered in other sections.

Key rules

• Appeal deadline: A recurso de alzada against a placement or support decision must be filed within one month of the day after you are notified.
• Ombudsman deadline: A complaint to the national ombudsman must be made within one year of learning of the facts, and it does not pause appeal deadlines.
• Support hours: No national law gives a child a fixed number of support hours; support is set by the assessment and the region's rules.
• Residence status: A residence permit cannot be required to enrol a child in compulsory education.
• Reasonable adjustments: Schools must make reasonable adjustments unless they impose a disproportionate burden, and refusing them can be discrimination.
• Dictamen: The dictamen is usually challenged together with the final placement decision, not on its own.

Documents you may need

Identity and residence

• Your child's passport or ID — Your child's right to school and support whatever your residence status
• A signed complaint letter giving your identity — When the school says it lacks resources: document the gap and escalate

The home and the lease

• Proof of address — Your child's right to school and support whatever your residence status

Other documents

• Copies of your supporting documents — When the school says it lacks resources: document the gap and escalate
• Proof that you first approached the school — When the school says it lacks resources: document the gap and escalate
• The name of the school and the administration involved in the complaint — When the school says it lacks resources: document the gap and escalate
• Your child's previous school records — Your child's right to school and support whatever your residence status
• Vaccination certificate or health card — Your child's right to school and support whatever your residence status

Rights, complaints and appeals: questions that cross several articles

Which school duties are binding and which depend on resources?

The right to a school place, protection from discrimination and reasonable adjustments are binding duties. Early detection and assessment are also mandatory, but the level of support depends on the assessment, the region's budget and its staffing rules. Read "Your child's rights to inclusive education in Spain" first, then "When the school says it lacks resources: document the gap and escalate" if support falls short.

Can a court order the school to give my child a set number of support hours?

Usually no, because courts rarely fix hours for an individual child. They can order the administration to provide the support already recognised in the assessment, or to review support that is inadequate. Read "Can you challenge a school placement or support decision? Appeal rights explained" for how to challenge a decision.

Does my child get an assessment and support if we have no residence papers?

Yes, the assessment and support follow your child's enrolment in the school, not your residence status. Waiting times can vary by region. Read "Your child's right to school and support whatever your residence status", then "Your child's rights to inclusive education in Spain" to see what support to expect.

Will the school report our immigration status to the authorities?

No, schools have no legal duty to report a family's immigration status to immigration authorities. They collect only the data needed for enrolment, and data-protection rules limit sharing it without a specific legal request. Read "Your child's right to school and support whatever your residence status" for what to say if someone asks.

What papers will the school ask for if our situation is not settled?

Schools usually ask for your child's passport or ID, your ID, proof of address such as the padrón (town hall registration) or a rental contract, previous school records and sometimes a vaccination certificate. If something is missing, your child can be enrolled provisionally while the school or regional education service helps sort it out.