‘Independencia profesional de Inspección’

Artículo realizado por Rafael Fenoy Rico, escritor y sindicalista de Algeciras
Rafael Fenoy / Foto: AAM

Recientemente la presidencia de una de las asociaciones profesionales más numerosas de Inspectores e Inspectoras de Educación ha emitido un comunicado “ante recientes pronunciamientos en prensa y diferentes redes sociales cuestionando la actuación de inspectores e inspectoras de educación en el procedimiento de evaluación de las direcciones de los centros educativos”. El argumentario desarrollado en este comunicado se enfoca desde las competencias, funciones y atribuciones que a la Inspección de Educación le encomienda la normativa que la regula.

También enfatiza que toda actuación supervisora se desarrolla dentro de “Plan de Actuación General y Provincial, siguiendo los principios de actuación de transparencia y con un ejercicio técnico y profesional.” Sigue argumentando, sobre la regulación de la evaluación del ejercicio de la Dirección en los establecimientos educativos, afirmando que “Los inspectores e inspectoras ni nombran ni destituyen las direcciones, informan objetivamente a quienes tienen la competencia.” Igualmente enfatiza las garantías de los procedimientos de evaluación que contienen la posibilidad de alegaciones, reclamaciones o recursos en varias fases del proceso. Y finalizan arremetiendo contra cualquier tipo de linchamientos morales o juicios públicos contra, no solo Inspectores e Inspectoras, sino cualquier persona que desarrolle su trabajo en la docencia.

Cuando se habla de evaluar a las Direcciones de los Centros Educativos es imprescindible reflexionar sobre la independencia profesional tanto de las direcciones escolares como de la propia Inspección de Educación que debe evaluarla. Y es que la norma se escribe en papeles y estos aguantan casi todo. Más allá de lo que dicen las normas se encuentran los intereses profesionales, personales o políticos que van orientando lo que hay que hacer en cada caso. ¿Las direcciones de los Centros pueden ejercer con independencia sus funciones? Teniendo en consideración que son nombradas por la persona titular de la Delegación de Educación correspondiente y tienen que ser evaluadas en el ejercicio de sus funciones y de esa evaluación depende seguir ejerciendo o consolidar el complemento correspondiente ¿No ejercerá esta situación una notable influencia en la toma de las decisiones? ¿Pesarán las sugerencias, orientaciones, consejos que reciba tanto de la Delegación de Educación, sea de un servicio concreto y con más vera del servicio de Inspección de Educación? ¿Tendrán mayor valor otras que pudiera recibir se su entorno profesional o pedagógico?

El hecho que las Direcciones de los Centros sean conocedoras de la posibilidad de ser revocado su nombramiento por un simple procedimiento administrativo (no disciplinario) ¿influye como una constante en sus comportamientos en la dirección del centro? ¿Botones de muestra? ¡Unos cuantos! -¡Pregunten a directoras o directores, o a Inspectores e Inspectoras si conocen casos y casos! Vamos a por uno de ellos: Un escrito dirigido el Consejero de Educación de la Junta de Andalucía, presentado por el Secretario de Jurídica de la Federación de Enseñanza de la CGT, hace ahora 15 años, contenía la denuncia de comportamientos contrarios a la normativa por parte del Delegado de Educación de una provincia andaluza al adoptar la resolución de revocar el nombramiento de un Director de un Instituto de Educación Secundaria, justificándose en “incumplimiento grave de las funciones inherentes al cargo de Director.”

Posteriormente se remacharía el atropello de los derechos de este cargo directivo evaluándole negativamente el periodo desarrollado e impidiendo con ello que consolidara el complemento económico que le correspondería según la norma. Pregunta: Si este director había incumplido gravemente “las funciones inherentes al cargo de Director” ¿Por qué no se le aplicó un expediente disciplinario? El político de turno utilizó una vía, torticera donde las haya, que regula la normativa de nombramiento y cese de las direcciones de centros educativos: Un simple procedimiento administrativo en el que se informa a la dirección y al consejo escolar del centro de la decisión de revocación y se le da un plazo para alegaciones. Conocidas estas se aplica la decisión, previamente adoptada, y punto. En este proceso caben las oportunas alegaciones –incluso del Consejo escolar del centro que se mostró a favor del Director-, reclamaciones y recursos que acabaron, ante el atropello, en una demanda en el tribunal de lo Contencioso Administrativo.

Este tribunal falló años después, cosa normal en esta in-justificada Justicia, a favor de este director y, como suele pasar en estos casos de evidente injusticia, la Consejería de Educación no recurrió la sentencia, que al hacerse firme conllevó el que se le tuvo que reconocer al director cesado los derechos adquiridos tanto administrativos como económicos. Pero el daño estaba más que hecho. Ni una mínima sanción a quienes lo produjeron: La persona que ostentaba el cargo de Delegado provincial de Educación y la persona de la Inspección que con sus informes promovieron tamaña injusticia, quedaron sin “castigo”. Otras consecuencias buscadas por el político de turno: El aviso a navegantes que recibieron todas las direcciones de centros educativos que conocieron el incidente fue meridianamente claro. ¿Quién puede ahora hablar de independencia profesional, de defensa de los derechos de las familias a un puesto escolar, de respeto a la norma…?

El relato de los hechos sería para escribir algo más que un artículo de opinión, baste reseñar que el fondo del asunto es el deseo del cargo político de “castigar” a la dirección de ese centro porque ésta reclamaba una clase más en el funcionamiento del Instituto, antes del inicio del curso, porque de hecho matrícula de alumnado había y justificaba la petición. Como la evidencia era tal, cientos de personas, madres y padres de esa localidad viajaron a la capital de la provincia y se manifestaron delante del despacho del Delegado provincial de turno que se negó a recibirlos. Después de ese día el político airado requirió a la inspección de educación para que le facilitara todo lo que le permitiera fundamentar una revocación del cargo de director. En una sociedad democrática este tipo de políticos no deberían nunca llegar a detentar poder alguno. Pero como en esta España aún se está pendiente de que la democracia llegue, en esta larguísima e inacabable transición, hechos como este y otros más graves se producen a diario.

El asunto que ocupa a la presidencia de esta Asociación de Inspectores e Inspectoras en Andalucía, es trasladar que la Inspección de Educación se conduce por los caminos de las leyes y que la responsabilidad última de evaluar a las direcciones de los Centros educativos reside en los políticos de turno. Sin embargo desde la profesión inspectora se conoce la falta de legitimidad de determinados procedimientos que torticeramente se utilizan para cubrir con un halo de legalidad la decisión “caprichosa y arbitraria” de revocar a determinadas direcciones de los centros que sólo pretenden que la norma se cumpla y que se autoricen a sus centros el número de unidades y profesorado correspondiente.

También hay que reflexionar sobre la independencia profesional de la Inspección de Educación, ya que una buena parte de quienes desempeñan esa función, lo hacen interinamente, provisionales les llaman, aunque lleven años y años de una impecable trayectoria profesional. Estas personas también están sujetas a evaluaciones para poder seguir ejerciendo. En este tránsito interino ¿es posible hablar de independencia? Mientras las direcciones de los centros, como inspectores e inspectoras de educación, dependan para mantener su puesto de la “buena opinión” del político de turno ¿Qué es posible esperar? -¡Ah eso sí! Todo procedimiento legal contiene la posibilidad de alegaciones, reclamaciones o demandas incluso judiciales. Pero al final, cuando no se atiendan ninguna de ellas, siempre les dirán: -¡Vaya VD. al contencioso! En ese momento habrá que escribir otro capítulo sobre la tardanza de los juicios y sentencias, y el largo y lento peregrinar por instancias superiores de la judicatura, porque la administración, que no tiene que pagar nunca, puede recurrir y recurrir hasta que quien sea se canse o no tenga dineros para seguir pagando abogados y costas judiciales.

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