How to claim support assistant hours

The rights exist and are written. The problem is that they are spread across seven different documents and none of them are explained to families. Here they all are, with the link to the official source.

Step 1. Request the EAP report in writing

Article 15.7 of Decret 150/2017 obliges the EAP to provide the report on the recognition of specific educational support needs «to the fathers, mothers or legal guardians». Article 15.4 states that the evaluation is carried out «with the participation of the fathers, mothers or legal guardians and the student». Also request the individualised support plan (PI) (article 12).

Step 2. Request annex 4: the scoring sheet on which everything depends

Hours are not decided by eye. They are calculated based on the score that the EAP assigns to the Protocol per avaluar les necessitats de suport complementari (code A46-V03-18). The Government confirmed this to Parliament: the allocation is made «based on the scores obtained by the students […] in the Protocol» (BOPC 448, p. 26).

Four blocks, 81 points: personal care and hygiene (22), mobility and displacement (13), behaviour regulation and communication (30), health and safety (16). Ranges: 1-8 intermittent, 9-22 limited, 23-50 extensive, 51-81 generalised. If it is a motor case, demand that it also be signed by the EAP physiotherapist.

Step 3. Request that it be redone

The form provides as a reason the «Review of complementary educational support hours (annual review of the individualised support plan, request from the centre….)». And the 2023-2024 academic year version of the management document stated it even more clearly: «The request for the monitoring service is made through the EAP, once the requests have been agreed upon in the Comissió d'Atenció Educativa Inclusiva (CAEI)». Request an extraordinary CAEI and a registered copy of the request.

Step 4. Health monitoring is a different pot

According to the document «Educació inclusiva», these hours «are addressed to the care of the child or youth who presents the health need (they are not addressed to the centre, as in ordinary monitoring)», and the management must make the request to the EAP. They are not deducted from the centre's allocation.

Step 5. Outings and camps have a deadline

Minimum 30 days in advance, and the service specifications set two periods: from September 2 to October 11 for the whole year, and from January 8 to February 14 for the remainder. Outside these periods, requests «will be attended to based on the viability and availability of the service». This is the date most often missed and the one that leaves children out of excursions.

Step 6. Know when it is decided

• May — the Direcció General d'Educació Inclusiva sends the proposal of each centre to the territorial services (BOPC 448, p. 26).
• July — «Monitoring hours are initially assigned during the month of July, and constitute the reference point for the year» (BOPC 390, p. 32).
• Before the start of the term — the educational planning commissions make the «definitive allocation for the start of the term». If in September they tell you that «it is not yet known», it is not true.
• December — for concerted schools, the technical and assessment commissions communicate the distribution with «the most consolidated schooling data». This is the only formal window during the year.
• February-April — publication in the DOGC. Appeal deadlines count from here.

Step 7. If they do not respond: transparency

Anyone can request public information without justifying why (article 18 of Llei 19/2014). It is free, done online with idCAT Mòbil, they have one month and silence is deemed granting (article 35).

It has already worked. The GAIP has granted without any limit: Resolució 144/2025 (hours requested by EAPs and granted), Resolució 467/2020 (annex 4 and hours of a specific student) and Resolució 660/2023.

Step 8. The Sindic de Greuges

Free, without a lawyer, one year deadline. Form · sindic@sindic.cat · 900 124 124. It does not annul acts (art. 46.3 of Llei 24/2009) but can demand reports and take the case to Parliament. In its report «L'educació inclusiva a Catalunya» (January 2025) it notes that with a global increase of 15.5% in hours, 23.2% of centres (466 out of 2,011) saw their allocation reduced.

Two things that must not be confused. The complaint to the Sindic does not suspend the deadlines for appeal (art. 31), and if a judicial procedure is opened, the Sindic recuses itself (art. 38.e and 44). First the Sindic, the court afterwards.

Step 9. And if all this fails

There is the administrative appeal (recurs d'alçada) (one month) and the contentious route. The denial of reasonable adjustments is discrimination according to article 63 of Reial decret legislatiu 1/2013. And you have the right to know who decides: article 53.1.b of Llei 39/2015.