Evolution of Special Education Concepts and Legislation in Spain

Posted on Oct 16, 2025 in Naval Architecture and Marine Engineering

1. Historical Evolution of Special Education

1.1. General Precedents

Before the Middle Ages (Pre-15th Century)

Abnormalities often led to Infanticide. People were scared of those with differences and were highly superstitious. Parents of the child might feel shame. (It is still difficult today to accept that relatives have difficulties.) Furthermore, resources for support were nonexistent during this period.

The Middle Ages

Churches condemned individuals with abnormalities but often practiced exorcism, believing they were possessed by demons.

16th to 18th Century

There was more humane treatment for the sensory disabled (but not the intellectually disabled). This was because people were more ashamed of the intellectually disabled, believing they negatively affected the image of society.

18th to 19th Century: Key Developments

• The Wild Boy of Aveyron: Itard worked with Victor to determine if he could develop intelligence and adapt to his surroundings. Observations showed Victor developed intelligence, but only to a limited degree. This led to the discovery of the critical or sensitive period—the optimal age (infant stage) for language development, after which development becomes impossible or severely limited.
• Itard worked to develop Victor’s language, intelligence, and empathy. (Note: Autistic children are sometimes characterized as lacking empathy.)
• Rehabilitation of Subnormals: They received attention and help but still carried a negative social image. Assistance followed a highly segregationist model focused only on welfare. (Today, the focus is on integration, not separation.)
• Development of special education programs.
• Disabled people were isolated from society and given only welfare attention because the belief was that disability was innate (present at birth) and immutable (unchangeable).

Immutable means unchangeable. For example, while the general direction of Down syndrome cannot change, the person’s individual qualities can improve. Historically, psychologists were sometimes overly optimistic rather than realistic, focusing on needs rather than deficits.

Therefore, attention was drawn to: early detection and the development of special educational schools.

• Braille: Invented a reading and writing method for blind people.
• Seguín: Founded a school for the ‘mentally weak’ with specific methodologies, and invented techniques for deaf people. This was an important shift, moving from mere caretaking to emphasizing education. However, the label used was still offensive.
• Little: Described symptoms associated with cerebral palsy (abnormal movements, tremors, instability, stiff joints, etc.).
• Down: Described Down’s syndrome.
• Binet & Simon: Created the first intelligence scale. They affirmed that the definition of intelligence depends on culture and context.

20th Century: Behaviourism

Behaviourism emphasized the importance of environment and education. Behaviourists argued that our behavior is largely dependent on, and a consequence of, our surroundings.

(‘Conductismo’ is the Spanish term for Behaviourism. The suffix -ism denotes a discipline or doctrine.)

Behaviourism focuses on how people modify their conduct over specific periods, often observable through motor skills. The focus is on observable actions. Example: If asked, ‘Am I Happy?’ a behaviourist might say ‘Yes’ if you are smiling (observable behavior), but ‘No’ if you are serious. However, happiness can be experienced while being serious (non-observable behavior).

1.2. Recent Evolution of Special Education in Spain

• General Education Law (LGE, 1970)
• Spanish Constitution (1978)
• Act on the Social Integration of the Handicapped (LISMI, 1982)
• Law for the General Organization of the Education System (LOGSE, 1990)
• Royal Decree 334/1985 vs. Royal Decree 696/1995
• Organic Law of Education (LOE, 2006)
• Organic Law for the Improvement of Education (LOMCE, 2013)

General Education Law (LGE, 1970)

• Education is a right for everyone.
• Special education is defined as educational, not merely welfare.
• This law highlighted social integration, requiring the Administration to help individuals find employment.
• It proposed two organizations of schooling:

1. Special Education Classrooms: Considered the ideal method, as being located in ordinary schools allows for more complete social integration.
2. Special Education Centers: Required when the severity of the disability prevents integration into ordinary classrooms.

Advantage: This was the first time the Government acknowledged the need for schooling and extra support/needs.

Disadvantage: The system separated students from the beginning rather than promoting full inclusion.

Spanish Constitution (1978)

• Art. 27: Every Spanish citizen has a right to receive education.
• Art. 49: Attention to the Handicapped is a duty of the Administration. The Government accepted the need for special attention. (Note: The terminology used was not ideal.)

Act on the Social Integration of the Handicapped (LISMI, 1982)

• Developed Art. 49 of the Spanish Constitution regarding attention to the Handicapped. It emphasized the integration of the handicapped into society and the school environment (ordinary centers).
• Introduced the concept of Students With Special Education Needs (SWSEN). This term is less offensive and focuses on the student’s needs, rather than focusing on their deficits, marking a change in the image of disabled children.
• Principles:
  • Normalization
  • Integration
  • Individualization (Focusing on the particular needs of the student)
• Education should occur in ordinary centers unless physical access is impossible, demonstrating an effort to place students with their peers.

Law for the General Organization of the Education System (LOGSE, 1990)

• The school system is defined as open to diversity and flexible. This was the first use of the word “diversity,” signifying an adaptation to different individuals. The focus shifted to possibilities instead of deficits.
• Concept used: Student with Educational Needs (SEN), or ACNEE (Alumno Con Necesidades Educativas Especiales).
• Students attend Ordinary School unless Educational Needs cannot be catered for.

1. Ordinary School

2. If ordinary school doesn’t work → Special Center School

Therefore, students are not separated from the beginning.

• Principles:
  • Normalization
  • Integration
  • Psychopedagogical Assessment: This was the first time the Law adapted assessment procedures for these students and mandated that they be assessed. This specialized assessment focuses on abstract ideas and is conducted by specialized personnel.

The family’s opinion is considered very important in decision-making.

Organic Law of Education (LOE, 2006)

• Title II (Equity in Education), Chapter I.
• Ordinary school attendance, except if Educational Needs cannot be catered for.
• Concept used: Students With Specific Need of Educational Support (SWSNES), or ACNEAE (Alumnos Con Necesidad Específica de Apoyo Educativo).
• Principles:
  • Normalization
  • Inclusion (Shift from Integration)
  • Non-discrimination
  • Early detection: Recognizing that every child has needs, early detection allows for timely prevention and support.
  • Resources and support
  • Family participation (same as LOGSE)

Organic Law for the Improvement of Education (LOMCE, 2013)

• Also known as the Organic Law for the Improvement of Educational Quality.
• Continued focus on attention to diversity.

2. Current Structure of the Educational System

Royal Decree 334/1985 vs. Royal Decree 696/1995

Royal Decrees affect the whole Nation, but each autonomous community in Spain regulates the specific implementation. They establish general competencies, which the autonomous communities (Comunidades Autónomas) then use to produce specific competencies for Health and Education.

There is a significant change in philosophy between these Decrees:

• Alternative and Augmentative: Alternative because it replaces speech; Augmentative because it supports speech.
• Bimodal: If the child has communication difficulties, they need extra help. We do not replace oral language solely with sign language; we use the augmentative approach (e.g., signs alongside speech).

3. Basic Concepts in Special Education

3.1. General Aims and Basic Principles of Education

Individualization

• Individualized response to needs. (The law does not always specify how.)
• Equality vs. Equity: Equality means giving the same attention to everyone. Equity means taking into account the characteristics of each child and providing the specific amount of help they need so that they can ultimately achieve the same level of competence.

Normalization

• Normalization means exposing the person with disabilities to tasks and activities based on the social norms of the culture, giving them the same opportunities in life that others have. Crucially, the environment is changed to give the person a chance to experience what is considered “normal,” rather than forcing the person to be “normal.”
• Use of the same resources as the rest of the students.
• We only provide extra support if the student needs it. The principle is: “Don’t treat me differently if I need help.”

Example: Giving all the kids the same toys.

Rights = Duties

Inclusion

There is no need for integration if there has been no previous segregation.

Inclusion means students are together from the beginning, and the environment must adapt to the student with special needs.

Segregation (Historical Precedent) vs. Integration (LOGSE, 1990) vs. Inclusion (LOE, 2006)

Segregation:

Disabled people or learners with ‘Special Educational Needs’ labels are placed in segregated education settings, forcing them to lead a separate life.

Integration:

Disabled people or learners with ‘Special Educational Needs’ labels are placed in mainstream settings with some adaptations, but only on the condition that the disabled person can fit in with pre-existing structures, attitudes, and an unaltered environment.

Inclusion:

Disabled people or learners with ‘Special Educational Needs’ labels are educated in mainstream settings alongside their non-disabled peers, where there is a commitment to removing all barriers to the full participation of everyone as equally valued and unique individuals.

3.2. Groups of Students

1. Students With Specific Need of Educational Support (SWSNES): ACNEAE (Alumnos Con Necesidad Específica de Apoyo Educativo).
2. Special Educational Needs (SEN): Needs derived from physical, intellectual, sensory disabilities, and serious behavior disorders. ACNEE (Alumno Con Necesidades Educativas Especiales).
3. High-Intellectual-Ability Students: Require specific support.
4. Students with Late Entry into the Educational System: Often due to serious language problems or lack of basic competencies and knowledge.
5. Students with Specific Learning Difficulties: Their problems affect language and writing (distinct from general Special Educational Needs).
6. Students with Need of Educational Compensation: Needs arising from economic, social, geographic, and ethnic factors. These needs can combine with those of students with late entry into the educational system.