The Ministry of Education of the Valencian generalitat It has reminded the primary and secondary schools that they are obliged to deliver a copy of the corrected exams of the students to the families that request it. The department, managed by You commit, has accepted the request of the Valencian ombudsman (Síndic de Greuges), José Cholbi.
The delivery of copies of the students' tests to families is a dispute that is played in several autonomies. Since 2015, the Ombudsman has made similar requests to the regional governments of Extremadura, Navarra or Madrid. Among his arguments, the Ombudsman states that the Law of Common Administrative Procedure of the Public Administrations - of 2015 - provides that "those interested in an administrative procedure" may know, "at any time", the status of the processing of the procedures that affect them and obtain a copy of the documents. The Ombudsman considers that this interpretation is extendable to the educational field.
"The problem is disinformation, families do not know they have that right and teachers do not know they have that obligation," explains Camilo Jené, president of the FAPA Giner de los Ríos, which brings together associations of mothers and fathers of students in Madrid. Many families, he explains, do not report to avoid a confrontation with teachers and not harm their children. Some communities have approved specific orders to regulate this right, as in the case of Madrid, which did so in 2014 for primary and in 2016 for secondary.
In the case of Valencia, a spokesperson for Education has explained that they will send a circular to the primary and secondary schools to remind teachers that they must accept the requests. Current regulations do not "expressly" contemplate the right of students or their legal representatives, in case of being minors, to obtain a copy of the examinations carried out if it is not in the "scope of a claim procedure", exposes the Síndic in his request, in which he points out that families should have the option of reviewing the evaluation tests at home to help their children to review errors or, "simply", exercise your right of access to those documents.
In addition, the Síndic emphasizes in his writing the positioning of different judicial sentences that give the reason to families in similar cases. "The The right of any citizen to access administrative documentation finds no limit other than the legitimate interest of the applicant "and that criterion, according to the courts," is fully applicable in the academic field, "he says.
For its part, the council shares the approach of the Catalan Ombudsman and considers "full application in the academic field" the law regulating administrative procedure, which in Article 53.1 includes the right of people who have the status of "interested" to access and have a copy of the documents that are part of an administrative file.
The case of Madrid
In December 2014, the Community of Madrid issued an order to regulate the information and participation of the families of the students in which it was specified that they could request a copy of the exams through a register with an individual and specific request. In the same regulation, it was explained that, in any case, all examinations could be requested in a single petition. In July 2016, the same thing was done with secondary school.
Despite the regulation, some families continued to have problems and were forced to file an appeal with the Administration. Fabio Diéguez, father of three students of the Nuestra Señora del Castillo school, in the town of Perales de Tajuña, Madrid, and president of the AMPA of that center, led the protest and processed the claim. "It is essential for us to be able to see what our children are failing to be able to give them support at home or to tell the academies, if they have a problem of reading comprehension, calculation or spelling," Diéguez explains. Through the federation of associations of relatives of students from Madrid-FAPA Giner de los Ríos-they filed a complaint with the Administration and, after two years, they gave their reason.
The new protocol of the center, which agreed in a meeting with the school director and a representative of the Educational Inspection, states that families must explain in the application letter the reason why they want the copy of the exam. In no case may it be a modification of the grade or score obtained.