Evaluación y Calidad de la Docencia en el Marco del Derecho a la Educación de la Constitución Española

If there’s one thing that characterizes the analysis of teaching and professional performance in the XXI century, it is the means of evaluation as a synonym of quality and credibility. Based on existing research, teaching evaluation is still perceived, in spite of the omnipresence just mentioned, as a threat, that is, from a punishing viewpoint, creating controversy and uneasiness. It is interesting to explore this tendency as the evaluation of teachers in the Spanish Educational System is used without negative consequences for teachers. Teachers are, however, evaluated for their own benefit (study leaves, promotions, professional development, etc.). Nevertheless, this last idea has not quite settled in within the perception of the various teaching bodies. The main drive of this research is to provide a model for teacher evaluation from a Teacher Evaluation/Efficient Teaching Theory, to contribute in a constructive manner in the promotion of a positive change of attitude towards their own evaluation, in this way achieving a «giving sense to the same», «have a what for» and «result in efficient teaching». Only transforming the evaluating culture will it be possible to speak of change. All this, without overlooking that the 27th Article of the EC acknowledges the right to education and hence from this regulatory framework free education must be guaranteed for everyone, democratic in terms of accessibility in spite of an unstable family or individual economic situation, qualified, and programmed on the basis of the essential professional assessment as an antidote against foreign criteria on the permanent improvement of the educational system education. Under these parameters, educational activity must be materialized in stable study plans, essentially founded on the constitutional bases provided and the aforementioned Article 27, in Articles 1.1. and 10 of the EC. Teachers are one of the key elements of the educational system. And they are so even in the construction of study plans and teaching organization. Evaluation and quality control of teaching are inalienable in an educational system involving the individual’s dignity and respect to the inherent rights (art. 10 EC), in a Social and democratic in Law State framework which encourages as highest values of the legal system, justice, equality and political pluralism (art. 1.1. EC) within the optimal conditions for the access to the various educational levels which are regulated in its bases or constitutional grounds (art. 27.1. EC). Teacher evaluation is clearly a quality and improvement factor of the Educational System, although it is true that there is a long way to go to make it operative. As stated above, it makes up an inalienable objective and the overcoming of the caution that the teacher has towards such evaluation, when associated within an erroneous and outdated conception towards the sanction and control of the administrations.