The Department of Education will regulate the specific evaluation of migrant students with limited language proficiency

The Department of Education has released for public consultation a draft order that will differentiate the evaluation of migrant students. The Resolution of October 2, 2026, by Mikel Juaristi Izaguirre, Director of Diversity and Inclusion, initiated the procedure, and it was published on October 21, 2026, in issue 201 of the Official Gazette of the Basque Country, with official reference 2026/4417. The changes affect article 30.7 of the Order of January 22, 2024, which regulates the evaluation in Early Childhood Education, as well as the evaluation, promotion, and certification in Primary and Secondary Education.

According to the explanation of the reasons for the resolution, a challenge for the Basque education system is to continue adapting to the new reality of newly arrived migrant students. The text states that the reception process begins with language proficiency, and that this language is the main tool for learning content in other areas of knowledge. If this is not mastered, difficulties arise in other areas, which, according to the department, hinders the inclusion process and increases the risk of school failure and dropout.

Two-year immersion period

The text defends an effective immersion program that provides the student with the resources to overcome initial linguistic difficulties. The goal is to fully integrate them into the curriculum level of the grade in which they are enrolled “within a relatively short time”—two academic school years. In the meantime, however, it states that grading with standard parameters is not objective, as the student starts from a language gap.

Therefore, this temporary immersion process requires a different evaluation, and this evaluation will be included in the Personalized Action Plan. The department considers this a temporary educational need and wishes to provide a specific response. Thus, the change does not only extend to curriculum content: it also affects grading criteria and the consequences for promotion and certification, so that these students are not subject to the standard evaluation.

Twenty-working-day period for allegations

The first section of the resolution decides to put the project for public consultation for a period of twenty (20) working days, counting from the day following its publication in the gazette. The second section specifies where the content of the project can be consulted:

• Vitoria-Gasteiz, Donostia-San Sebastián street 1, 01010; Directorate for Diversity and Inclusion of the Department of Education.
• The electronic notice board of the Basque Government headquarters, on the euskadi.eus website.

The third section includes two ways to submit allegations: in person and electronically, at the addresses mentioned in the previous section. The resolution was signed in Vitoria-Gasteiz by director Mikel Juaristi Izaguirre on October 2, 2026.

Processing background

It lists the procedures carried out for the resolution. According to article 133.1 of Law 39/2015 —regarding the participation of citizens in regulatory procedures—, a prior public consultation was conducted through the Basque Government portal. Subsequently, Law 6/2022, of June 30, regarding the procedure for the elaboration of general provisions, establishes two milestones:

• June 9, 2026: The Minister of Education issued the initial order.
• July 10, 2026: The same minister gave the prior approval of the project.

Article 17 of Law 6/2022 states that the public information process is mandatory when it affects the rights and legitimate interests of citizens and no exception applies. The resolution is based on the powers granted by article 15 of Decree 381/2024, of November 19; that decree establishes the organic and functional structure of the Department of Education.

Impact on schools and families

The project has a direct impact on the daily evaluation of students with language limitations, but also on the organization of schools and the expectations of families: it conditions grades, promotion decisions and, where applicable, certification. The change does not only alter the workload of teachers; it also adjusts the criteria for academic decisions taken throughout the school year, and therefore, all schools and affected families may submit an allegation within a period of twenty days.

Fuente: Boletín Oficial del País Vasco, n.º 201, 21 de octubre de 2026, Otras Disposiciones (official reference: 2026/4417).