The Association of Fathers and Mothers of the Viaró schoolBarcelona, has made the Superior Court of Justice of Catalonia (TSJCat) has responded to your request: maintain, in a precautionary manner, the economic concerts until there is a final ruling on the resolution of the Generalitat to withdraw said subsidy to schools that segregate by sex. Well, in this there are only men.
The order of the Contentious-Administrative Chamber consulted by Confilegal dated October 14 has been issued by the magistrates Francisco José Sospedra, Eduardo Paricio Rallo and Manuel Santos Morales.
The Association went to court to disagree with the resolution EDU/1870/2022issued on June 8, 2022 by the Minister of Education of the Generalitat of Catalonia, Josep González i Cambraywhich was raised by the previous resolution EDU/633/2022.
Joseph Gonzalez He already warned that the Government would not allocate “not one public euro of financing to schools that separate boys and girls in the classrooms”
The contested resolution provisionally approved the renewal of the educational concerts of the private centers for early childhood education in the second cycle, primary school and ESO. But this school was not in it because the Generalitat had withdrawn their subsidies alleging that the celáa law it prohibited public financing of centers that segregated by sex.
For this reason, by means of an addendum to the filing document, the Association of Parents of the school requested the adoption of a precautionary measure to suspend the execution of the contested resolution, maintaining the ESO current agreement as a precautionary measure until the sentence is handed down, with provision of the surety or guarantee offered in your writing.
In its arguments, the Association argued that said precautionary measure was appropriate because the constitutional Court opens the differentiation of genres in teaching, the link to own acts and prohibition of arbitrariness.
Dangerous situation in the delay
Likewise, it also explained in the appeal a dangerous situation in the delay. Specifically, the fact that the families of the students of the school could not bear the full costs of education without aid, “so it would be very likely that the students left the center before they finished Compulsory Secondary Education,” according to the order.
The Association added that the exodus of students cannot be assimilated in the short term by the surrounding educational system and that the precautionary size does not affect public interests. Lastly, it offered a guarantee by means of a guarantee for the amount of 50,000 euros per agreed course, with a total of 200,000 euros.
On the other hand, the Administration claims that The school maintains the separation of students by gender for the next academic year, circumstance that “is not legally admissible in public or subsidized centers.” In this sense, he invoked the appearance of good law of the contested resolution, since it is an expression of the Organic Law of Education.
The TSJCat points out that denying aid affects the right of students to education
The TSJCat explained in the car that the additional provision 25 of Organic Law 2/06 by Organic Law 3/2020, of December 29 It is clear regarding the exclusion from the public education system of centers that practice the separation of genders in the classrooms.
However, “this does not necessarily rule out the possibility of a transitional regime or a gradual application of the non-separation mandate, which is one of the issues raised by the college.”
For this reason, the TSJCat indicated that the assessment of the danger in the delay is the underlying reason for the precautionary decision granted due to its connection with the weighting of the interests at stake, which is the central criterion provided by the jurisdictional Law.
Well, according to the order, “there is no doubt that the denial of aid affects the right of students to education by transferring the full cost to families, forcing them to change the center and the educational profile that they had freely chosen.”
Gender discrimination is not a form of illicit education in itself
In this context, the magistrates considered that gender discrimination is not a form of illegal education in itself, but only an alternative excluded from the public education system.
So that the maintenance of the concert does not have more repercussions for public interests than the economic cost that the aforementioned concert supposes for the educational Administration. “A cost that cannot be considered to be significant within the framework of public budgets.”
Likewise, the court continues, there is no doubt that, if the loss of the concert supposes the transfer of the economic burden to the families that use the center, this circumstance makes it possible to foresee a significant loss of students and jeopardize the survival of the school in the short term.
Therefore, given a “fairly serious” probability of significant damage to the association “possibly irreparable if a favorable sentence is obtained” it has agreed to give rise to the requested precautionary measure and, by virtue, has suspended the contested resolution in what refers to the school concert related to ESO lines. They will have to provide a guarantee of 200,000 euros.