The TSJ Suspends Teacher Cuts and Orders the Consell to Accept Botànic's Staffing Plans

The High Court of Justice of the Valencian Community (TSJ-CV) has provisionally suspended the instructions from the Department of Education regarding teacher staffing in educational centers promoted this summer by the current Generalitat Valenciana of the Popular Party. Therefore, it maintains in force the agreements signed in June 2023 by the previous Botànic Administration with unions in the Sectorial Table.

Thus, the staffing plans organized by the PP Consell are annulled, and the previous regional government's plan remains in force, which anticipated up to 5,000 additional teachers for the 2023-2024 and 2024-2025 school years. For the newly started school year, 1,400 more positions are expected that the Department should provide following the court's resolution.

The Court considers that the alleged nullity of those agreements has not been substantiated. It understands that the Generalitat's Legal Department has not provided a "judicial or administrative resolution" declaring such nullity. Similarly, no challenge questioning their legality has been presented by the Administration's representation.

Moreover, the May 2024 denunciation of those Sectorial Table agreements, on which subsequent instructions from the General Directorate of Teaching Staff of the Department of Education are based, could be "manifestly extemporaneous" according to Article 38 of the Basic Statute of Public Employees Law.

The judges, without delving into the substance of the matter as it is a resolution on precautionary measures presented by two unions, grant this provisional suspension understanding that they have an "appearance of good law."

The decision adopted by Section Two of the Contentious-Administrative Chamber of TSJCV affects teacher staffing in second-cycle nursery schools, public primary schools, secondary education (ESO), high schools (Bachillerato), vocational training centers (Formación Profesional), special education centers, and adult education centers.

The Chamber indicates in two rulings notified this Wednesday that the public interest cited by the regional administration in its response to appeals "should not excuse adopting the precautionary measure" requested by unions.

In this regard -the Court points out- that public interest is precisely "safeguarded" with the application of regulations that must be considered current at this time.

The rulings can be appealed for reconsideration and, if they become final, will be published in the Official Gazette of the Generalitat Valenciana (DOGV).