Consultation is formulated on the possibility of consolidation of personal degree by a teaching staff member

The consultation is about the possibility of a teaching officer consolidating a personal degree. In this regard, it should be noted that, given the characteristics and specific characteristics of education, the public teaching function is organized into a series of bodies that are exclusively responsible for the performance of their functions at the various levels in which the educational system is structured and whose status is made up of a specific regulation.

In particular, and in 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 its specific regulations, which are made up, on the one hand, of the basic rules in the field of public service, but with the scope established therein, and, on the other, of a series of own rules that allow to contemplate 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 issued 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 precept, teaching staff are expressly excluded from their own career plans (Chapter II of Title III), and it should be remembered that the personal degree is a specific element of the administrative professional career.

The reason for this provision is that, as indicated, the legislator understands that the teaching activity, due to its peculiarities, requires specific treatment, especially with regard to the professional career, given the area where it takes place and 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 produce effects when the laws of Public Service that are issued in the development of that 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 Law 30/1984, of 2 August, on measures for the reform of the Public Service, which is understood to remain in force under the provisions of the fourth final provision of the TRLEBEP. In this regard, its first paragraph establishes that the provisions of Articles 20, 21 and 22 of this Act shall not apply to the officials of the Bodies or Scales in which the public teaching service is ordered, with regard to personal qualifications.

The second paragraph of this provision specifies that “access to the public teaching profession, (...), professional promotion, internal promotion and 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”.

Likewise, the aforementioned additional provision, in its fourth paragraph, provides that “the teaching staff may hold positions in the Educational Administration in accordance with the respective relations of jobs, without consolidating personal grade”.

Thus, 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, exceptionally, 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 degree; and all 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 thus that, in the case in question, the official, despite occupying a position in the General Administration of the State, continues to be in active service in the Faculty to which he belongs, Corps of Administration, is not contemplated for the personal degree.

All of the foregoing is without prejudice to recalling 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, are not of a binding criterion, nor do they give rise to rights or expectations of law, nor imply any link with the type of procedures to which they refer. Furthermore, in the absence of a mandatory or binding nature, the bodies receiving such replies may, where appropriate, finally take a decision that does not correspond to the opinion contained therein.

The responses to queries contained in this bulletin address the issues raised in the light of the regulations in force at the time of their issuance, so that such responses may be affected by subsequent legislative changes or judicial decisions.