Education sets minimum services for today's and tomorrow's teacher strike

The Department of Education of the Principality of Asturias has established the minimum services for non-university teaching staff in view of the strike called by the National Independent Union for Development and Innovation (SINDI-K) for today and tomorrow, September 24 and 25, 2026. The measure is published in the Official Gazette of the Principality of Asturias (BOPA) no. 185, of September 24, 2026, through the Resolution of September 18, 2026 (Code 2026-07812). The minimums affect all non-university public educational centers dependent on the Department and take effect on the day of their publication.

The strike call was registered on September 14, 2026, and its scope is national: it affects all non-university teaching staff providing services in public centers dependent on the Ministry of Education, Vocational Training and Sports or the educational administrations of the autonomous communities, across all stages and levels of teaching, regardless of whether their service relationship is civil service or contractual. The strike covers the entirety of both days, from 00:00 hours on September 24 until 24:00 hours on September 25, 2026.

Management teams and ratios by center type

The resolution distinguishes between types of centers and educational stages to establish staff ratios. In general, and regardless of the type of center, the holders of the Director and Head of Studies positions of each educational center are assigned to the minimum services, regardless of the teaching provided.

Additionally, depending on the type of center, the following teaching staff are established:

• In Grouped Rural Schools (CRA): one teacher in each locality.
• In Public Special Education Centers: one teacher for every three units or fraction thereof.
• In centers providing Early Childhood and/or Primary education: one teacher for every four units or fraction thereof.
• In centers providing Compulsory Secondary Education or Baccalaureate: one teacher for every five units or fraction thereof.
• In Home Schools and centers with Residential-Boarding facilities: one teaching staff member per shift, if the center has teaching staff in charge of the residence.

The Department justifies this differentiation based on objective criteria, with special attention to students whose autonomy is limited by their young age or by disability.

Legal basis and agreement with the strike committee

The text invokes Article 28.2 of the Spanish Constitution and Article 10 of Royal Decree-Law 17/1977, of March 4, on Labor Relations, which allows the government authority to agree on measures to ensure the functioning of essential services. The competence of the regional minister of education to set the minimums derives from Article 20 of Law 2/2023, of March 15, on Public Employment.

The competency framework is completed by Decree 22/2023, of July 31, on the restructuring of the Departments; Decree 50/2025, of April 29, on the basic organic structure of the Department of Education; Decree 68/2025, of May 12, on the correction of errors; and Decree 108/2025, of September 22, on the first amendment of the previous one.

The resolution states that on September 18, 2026, a meeting was held with a member of the Strike Committee, in which, following negotiations, an agreement on minimum services was reached. The document cites doctrine from the Constitutional Court (among others, STC 26/1981, STC 27/1989, and STC 123/1990) and the Supreme Court, as well as rulings from the TSJ of Galicia (no. 226/2020 and no. 606/2021), which support the appointment of management positions and a limited number of teachers.

Appeal and effects

Against the resolution, which exhausts administrative remedies, a contentious-administrative appeal may be filed before the Contentious-Administrative Chamber within two months from the day following its publication, or within ten days for the procedure provided for in articles 114 and following of Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction. The document was signed in Oviedo on September 18, 2026, by the Minister of Education, Eva Ledo Cabaleiro.

The publication arrives on the same day the strike begins, so families with children in public centers already know the minimum staffing with which Asturian schools and institutes will operate during the two days of the strike. The minimums guarantee the opening of the centers and the care of students who attend, but not ordinary teaching activities.

Source: Official Gazette of the Principality of Asturias, no. 185 of September 24, 2026, section I (Principality of Asturias, Other Provisions), pp. 1-2 (official reference: Code 2026-07812).