The Supreme Court will examine the removal of the offer from Txurdinaga within a nine-day period

The Department of Education of the Basque Government has denounced the procedures used to remove the offering for the 2026-2027 academic year at IES Txurdinaga Behekoa BHI as a “vía de hecho” (de facto action), and the 2nd Section of the Administrative Litigation Chamber of the High Court of Justice of the Basque Autonomous Community has given the interested parties a period of nine days to appear in court. The summons was published in issue number 202 of the Boletín Oficial del País Vasco on October 22, 2026, with official reference 2026/4437. Consequently, procedure 677/2026 has been formally initiated in said court.

Three procedures in litigation

The complaint includes three material actions by the Department of Education, all carried out without a notified administrative resolution. These are:

• The removal of the educational offering for the 2026-2027 academic year, without a notified resolution, on February 26, 2026.
• The mandatory transfer of students, carried out without proper coverage.
• The prohibition of open house days and the removal of the school’s advertising, via a notice dated March 5, 2026.

These three points constitute the object of the dispute: the administration’s habit of acting without issuing a resolution. The legal figure of “vía de hecho” calls into question the material action of the administration when it is executed without a formal resolution or guarantees.

The chronology makes four moments clear:

• February 26, 2026: the decision to remove the offering, not notified.
• March 5, 2026: the notice of the prohibition of open houses and the removal of advertising.
• October 2, 2026: the signing of the order to send the file to court.
• October 22, 2026: the publication of the summons in the official gazette.

The director sent the file to court

Martín Gartziandia Gartziandia, director of Legal Regime and Services of the Department of Education of the Basque Government, was the one who gave the order to send the file to the 2nd Section of the Administrative Litigation Chamber of the High Court of Justice. The decision was signed on October 2, 2026, in Vitoria-Gasteiz.

The summons mentions two laws as a basis: Law 36/2011, of October 10, regulating Social Jurisdiction (Article 151 and the fourth final provision), and Law 29/1998, of July 13, regulating the Jurisdiction of Administrative Litigation (Article 49.1). The latter regulates the right of interested parties to appear in court.

Nine-day period

Interested parties have a period of nine days to appear before the court. The period is counted from the day following the publication of the announcement, and the text of the announcement itself mentions the publication made in the Boletín Oficial del Estado as a reference. To appear, interested parties must present themselves at the 2nd Section of the Administrative Litigation Chamber of the High Court of Justice of the Basque Autonomous Community, where they will have information regarding the file.

The official gazette route is used to notify all interested parties when individual notification is not feasible or when it is difficult to identify the interested parties. In this case, the Department of Education itself has ordered the file to be sent to court and for notification to be given.

What is at stake

The summons is not a judgment, but the formal start of the procedure: from this point forward, the court will decide whether the Department of Education’s action was a “vía de hecho” (de facto act) and whether it must return to legality. In the meantime, the school’s families, students, and teachers have the opportunity to participate in the procedure and present their arguments.

The decision has a direct impact on the secondary education community of the Txurdinaga neighborhood, as the 2026-2027 academic year is underway and the withdrawal of the offer has already conditioned the students’ academic paths. The court’s decision will clarify whether the process of withdrawing the offer met the legal guarantees and whether the school’s activity must be restored.

Fuente: Boletín Oficial del País Vasco, number 202, October 22, 2026, Anuncios – Otros anuncios oficiales (official reference: 2026/4437).