Regulation · Basque Country · Assessment and inclusion
Basque Country proposes more flexible assessment for migrant learners
The Basque Government has opened public consultation on an amendment to Article 30.7 of its 2024 assessment order. The draft would allow a temporary 'Not Graded' entry during approved language-immersion programmes, subject to defined conditions.
- Source published
- Effective date or period
- Not in force · public consultation closes 18 Nov 2026
- Article on this portal
Draft order · No legal effect yet
Our interpretation
Why it matters
The proposal is intended to adapt assessment for newly arrived learners while they acquire the communicative competence needed to follow the curriculum. It remains a draft and does not yet change grades, progression or current school duties.
Editorial recommendation
What to do
Schools must continue applying the Order of 22 January 2024 unless and until the amendment is approved and published. Citizens and interested bodies may submit observations to the Directorate for Diversity and Inclusion until 18 November 2026.
Verified facts
Territory, instrument, publication and legal status
Basque Country. A Resolution of 2 October 2026 by the Director for Diversity and Inclusion was published in issue 201 of the Basque Official Gazette on 21 October. It opens a twenty-working-day consultation on a draft order amending Article 30.7 of the Order of 22 January 2024.
The consultation runs from 22 October to 18 November 2026. The text is a draft with no commencement or application date. It does not yet replace the current order or create enforceable duties for schools.
Draft notice and documentsResolution in the Basque Official Gazette
Verified facts
What the draft would change
Where an exceptional, temporary programme approved by the Education Department allows the Personalised Action Plan to omit a grade for one or more areas, subjects or domains, the record would show 'Not Graded' (SC in the Spanish text).
The learner must not previously have studied the area, subject or domain, and the absence of a grade would be limited to the period of participation in the programme for acquiring the communicative competence needed to follow the curriculum.
Editorial analysis
Difference from the current rule
The current Article 30.7 contains two additional express conditions: the Personalised Action Plan must not contain curriculum development for the affected area, and the absence of a grade may not exceed one academic year.
The draft would remove those two literal conditions and link the 'Not Graded' period to actual participation in the language-acquisition programme. Schools cannot apply that flexibility unless a final order is published and in force.
Verified facts
Who would be affected and what schools must do now
The amendment concerns newly arrived learners participating in exceptional and temporary language-immersion programmes, such as EUSLE, and sits within the Basic Education assessment rules. It would not allow schools informally to leave every migrant learner or any subject ungraded.
While the draft is being processed, teaching and leadership teams must continue applying the 2024 Order and record measures in the Personalised Action Plan. There is no implementation or adaptation deadline yet.
Verified facts
How to take part in the consultation
- Period: 22 October to 18 November 2026.
- Responsible body: Directorate for Diversity and Inclusion, Department of Education.
- Submission: electronically or through the registration-assistance offices listed on the government portal.
- The wording may change during the process; only the published final order will determine the applicable text and commencement date.
Primary source and reading standard
Basque Government · Draft public consultationCheck the original document and its date before acting. The portal’s proposals are labelled as editorial recommendations and do not replace applicable rules.
Disclosure: Luis Manuel Tolmos has a professional connection with Brains International Schools, described in his profile. This analysis is independent.
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