The High Court of Justice of Aragon annuls eight provisions of the educational inclusion decree

Section number 1 of the Contentious-Administrative Chamber of the High Court of Justice of Aragon has declared the nullity of the provisions of Decree 188/2017 that conditioned the consideration of a student as a student with specific educational support needs on the exclusive application of specific educational intervention actions. The decision is contained in Judgment number 308/2026, of July 28, 2026, the operative part of which is published in the Official Gazette of Aragon no. 218, of November 11, 2026, by resolution of the Director General of Educational Policy, Organization, Equity, and Training.

The ruling upholds the contentious-administrative appeal filed against Decree 164/2022, of November 16, of the Government of Aragon, which modified Decree 188/2017, of November 28, regulating the inclusive educational response and coexistence in the educational communities of the Autonomous Community of Aragon. The court finds that the challenged provisions are contrary to Article 71.2 of Organic Law 2/2006, of May 3, on Education.

The judicial criterion: educational care cannot be contingent upon prior intervention

The judgment considers that the regional regulation subjected the very status of a student with specific educational support needs to the exclusive application of certain specific educational intervention actions. Against this criterion, the court upholds the appeal and annuls the provisions that established this link, as they are contrary to the basic state provision of the Organic Law on Education.

In this way, by judicial mandate, the inclusive educational response no longer depends on whether a specific intervention action has been previously activated to recognize the student’s specific need for educational support.

The eight annulled provisions

The operative part expressly identifies the articles of Decree 188/2017 affected by the nullity:

• Article 14.3, in its last paragraph.
• Article 20.2.
• Article 21.1 ter.
• Article 22.
• Article 24.
• Article 25.
• Article 26.1.
• Article 26 bis.

The annulment is declared as a direct consequence of the contradiction with Article 71.2 of Organic Law 2/2006, of May 3, on Education, as stated in the literal wording of the ruling.

From the court to the BOA: the procedural path

The litigation was processed as Ordinary Procedure number 33/2023, initiated at the request of Víctor Sauque Latas and other appellants against Decree 164/2022 of the regional Executive. Judgment 308/2026 was issued on July 28, 2026, by Section 1 of the Contentious-Administrative Chamber.

Publication in the Bulletin is arranged under Article 104 of Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction, once the judgment is final. Finality is certified according to the official document issued by the Lawyer of the Administration of Justice dated October 19, 2026.

Who orders the publication

The resolution published in Section I, General Provisions, was signed in Zaragoza on October 23, 2026, by the Director General of Educational Policy, Planning, Equity and Training, José Luis Ferrando Castro, of the Department of Education, Science and Universities of the Government of Aragon. The text is limited to ordering the publication of the operative part of the ruling, in accordance with the cited legal mandate.

The news directly affects the Aragonese educational sphere: centers, guidance services, and families now have a regulatory framework partially reduced via judicial channels, in a decree that regulates the inclusive educational response in the community. The practical scope of the annulment is measured in the procedures for identification and assessment of students with specific educational support needs, which can no longer rely on the precepts expelled from the legal system.

Source: Official Bulletin of Aragon, no. 218, of November 11, 2026, Section I. General Provisions (official reference: BOA20261111001).