Homeschooling in Spain: what the law says

Many families who move to Spain have homeschooled before, or are thinking about it because of language worries, a child who is struggling, or a lifestyle with a lot of travel. Before you decide, it helps to know where Spanish law stands. In short: homeschooling is not recognised as an alternative to school in Spain, and children of compulsory school age are expected to be enrolled. This guide explains what the law says, what can happen if a child is not enrolled, and which legal options exist for families with special circumstances.

What Spanish law says about compulsory education

The main education law is the Ley Orgánica 2/2006 de Educación (LOE), as amended by the LOMLOE reform. Article 4 says that basic education is compulsory and free for everyone. It covers ten years of schooling and normally runs from age 6 to age 16.

• Primary (Primaria): six school years, compulsory and free.
• Secondary (ESO): four school years, usually between ages 12 and 16, also compulsory and free.
• Before 6 and after 16: infant school and Bachillerato or vocational training are not compulsory, so the homeschooling question mainly concerns ages 6 to 16.

The law does not have a separate regime for home education. There is no registration form for homeschoolers, no inspection system for home learning and no official curriculum for families teaching at home. If you want to know how the school system itself is organised, see our guide to types of schools in Spain.

The Constitutional Court ruling of 2010

The key court decision is STC 133/2010, issued by Spain’s Constitutional Court on 2 December 2010. It started on the Costa del Sol: a group of parents in the Coín area of Málaga province were teaching their children at home. The public prosecutor asked the local court to order enrolment, the court agreed in 2003, and the Audiencia Provincial de Málaga upheld that decision in 2005. The parents then went to the Constitutional Court.

The court rejected their appeal. Its main points were:

• Schooling is a legal duty: the law sets compulsory schooling for ages 6 to 16, so not enrolling a child is a breach of that duty, not a legal grey area.
• Article 27 of the Constitution does not protect homeschooling: parents’ educational freedoms do not include a right to keep children out of school for pedagogical reasons.
• Compulsory schooling is constitutional and proportionate: the court said it serves children’s full development and their education for life in a plural society.
• Parents keep other freedoms: they can choose a type of school, create schools, and teach their children outside school hours.

The court also said that the Constitution does not prevent parliament from creating a more flexible system in the future. But that would need a new law, and as of November 2026 the general rule in the LOE still applies.

What can happen if a child is not enrolled

In Andalucía, education authorities, schools and municipal social services work together on absenteeism prevention programmes, and the town hall’s social services may contact the family.

• First step: usually contact from the school, the education authority or social services, asking the family to enrol the child.
• If the family does not cooperate: the case can go to the public prosecutor, who can ask a court to order enrolment, as happened in the Málaga case above.

The consequences in an individual case depend on the facts, so if you are already in this situation, speak to a Spanish lawyer who works with family and education law.

Legal alternatives for special situations

There are some official ways to study outside a normal classroom, but they are part of the school system, not homeschooling:

• CIDEAD distance education: the Ministry of Education’s distance learning centre. For 2026/27, students living in Spain can enrol only if particular circumstances prevent them from studying the ordinary way, and only with prior authorisation from their regional government. They cannot be enrolled in a normal school at the same time.
• Hospital and home teaching: regional education authorities, including the Junta de Andalucía, run hospital classrooms and home teaching support for pupils with long illnesses. Ask your child’s school or doctor how to apply.
• Private and international schools: if the main concern is language or teaching style, a private or international school may be a better fit. See our guide to international schools on the Costa del Sol.

A foreign online school is not the same as enrolment in a Spanish or officially authorised school. If you are considering one, ask the provincial education office (Delegación Territorial de Educación) in writing whether it meets the schooling duty in your situation before you rely on it.

Getting qualifications without regular school

Teenagers who missed part of their schooling, or adults who never finished, can still get Spanish qualifications through free-standing exams:

• Graduado en ESO: in Andalucía there is a yearly exam for people who are 18 or turn 18 in the calendar year of the exam. In 2026, applications for the first round were in February.
• Bachillerato: a yearly exam for people over 20.
• Foreign studies: if your child studied abroad, you can apply to have those studies recognised (convalidación or homologación) by the Ministry of Education.

Practical tips if you are moving with school-age children

• Plan enrolment early: check the deadlines and how mid-year enrolment works in our guide to the Spanish school year 2026/27.
• Keep teaching at home after school: the law allows it, and many families use evenings and weekends for their home language and culture.
• Talk to the school about language support: ask what help the school offers for pupils who do not yet speak Spanish well.
• Get it in writing: if an official tells you a special arrangement is allowed, ask for written confirmation.

FAQ: homeschooling in Spain

Is homeschooling illegal in Spain?

There is no law that explicitly bans it, but the education law makes schooling compulsory from 6 to 16, and the Constitutional Court ruled in 2010 that not enrolling a child breaches that duty. In practice, homeschooling is not an accepted alternative to school.

Can my child study online with a school from my home country?

Only with care. A foreign online school is not the same as an authorised school in Spain. Ask the provincial education office in writing whether it meets the schooling duty in your situation before you rely on it.

Who can use CIDEAD distance education while living in Spain?

For 2026/27, students resident in Spain can enrol only if particular circumstances prevent ordinary study and their regional government authorises it first. It is an exception, not an open homeschooling option.

Can I teach my children at home as well as sending them to school?

Yes. The Constitutional Court confirmed that parents remain free to educate their children outside school hours.

Useful links

• Junta de Andalucía: primary and ESO stages
• Ministry of Education: CIDEAD ESO enrolment 2026/27 (PDF)
• Junta de Andalucía: free-standing exams for adults
• Ministry of Education: recognition of foreign studies

Disclaimer: This article is general information, not legal or financial advice. Rules and prices change, so check with the official source before you decide.