The consultation deals with the possibility of a teaching officer consolidating a personal degree. In this sense, it should be noted that, given the characteristics and specific characteristics of education, the public teaching function is organized into a series of bodies to which the performance of their functions corresponds exclusively at the different levels in which the Educational System is structured and whose statute is made up of specific regulations.

In particular, and in the light of the provisions of the sixth and concordant additional provision of Organic Law 2/2006, of 3 May, on Education, and in the consolidated text of the Law on the Basic Status of Public Employees (TRLEBEP), approved by Royal Legislative Decree 5/2015, of 30 October, teaching staff are governed by their specific regulations, which consist, on the one hand, of the basic rules in the field of public service, but with the scope established therein, and, on the other, by a series of own rules that allow contemplating the specificities of the teaching function.

This is confirmed by Article 2.3 of the TRLEBEP, which reads as follows:

“The teaching staff and the statutory staff of the Health Services shall be governed by the specific legislation dictated by the State and by the Autonomous Communities within the scope of their respective competences and by the provisions of this Statute, except Chapter II of Title III, except Article 20, and Articles 22.3, 24 and 84.”

According to this provision, teaching staff are expressly excluded from their own career forecasts (Chapter II of Title III), and it should be remembered that the personal degree is a specific element of the professional administrative career.

The reason for this provision is that, as indicated, the legislator understands that the teaching activity, because of its peculiarities, requires specific treatment, especially with regard to the professional career, given the area in which it is developed and the continuity in the same type of job, so that the general rules are not applicable in this regard.

On the other hand, it is necessary to remember that, in accordance with the provisions of the fourth final provision of the TRLEBEP, the rules on professional careers contained in Chapter II of Title IIII, will have effects when the Civil Service laws that are dictated in the development of said Statute enter into force, while the previous legal provisions remain in force.

In this regard, attention must be paid to the provisions of the fifteenth additional provision of Act No. 30/1984 of 2 August 1984 on measures for the reform of the civil service, which is understood to remain in force under the provisions of the fourth final provision of TRLEBEP. In this regard, its first paragraph states that it shall not apply to officials of the Bodies or Scales in which the public teaching service is ordered as provided in articles 20, 21 and 22, with regard to personal qualifications.

The second paragraph of that provision specifies that “access to the public teaching function, (...), professional promotion, internal promotion and the reorganization of their bodies and scales will be regulated by provision with the rank of Law, according to the structure and needs of the educational system”.

In addition, the aforementioned additional provision, in its fourth paragraph, provides that “the teaching staff may occupy jobs in the Educational Administration according to what determine the respective relations of jobs, without consolidating personal grade”.

In this way, for the teaching staff to be able to access positions in the Educational Administration, it will be necessary that the list of jobs expressly provides for the possibility of provision of these by teaching staff; but without in any case being able to consolidate personal degree by the development of these.

In short, even in the event that, on an exceptional basis, and in accordance with the provisions of the list of jobs, public education officials perform a job in the Administration, it is understood that they cannot consolidate personal rank; and all of this, because the performance of a job in the General Administration of the State does not imply a change in the legal nature of the relationship that unites the service provider with the Public Administration, being so that, in the case in question, the official, despite occupying a post in the General Administration of the State, continues to be in active service in the Faculty to which, Corps de Administratif, does not include officials.

All of the above is without prejudice to remember that, according to the regime of competences of this management center, the answers to queries issued by this general directorate are merely informative and, consequently, do not have the character of a binding criterion, nor do they give rise to rights or expectations of law, nor do they imply any link with the type of procedures to which they refer. In addition, since they are not mandatory or binding, the bodies to which such replies are addressed may, where appropriate, finally take a decision that does not correspond to the opinion contained therein.

The answers to queries contained in this bulletin deal with the issues raised in the light of the regulations in force at the time of their issuance, so that these answers may be affected by subsequent legislative changes or judicial resolutions.