The Andalusian government has made transferring a student found guilty of bullying to another school the preferred disciplinary measure. Set out in a new decree, the change follows the suicide of 14-year-old Sandra Peña in Seville last October, which exposed serious gaps in how the region enforces anti-bullying protocols.
Under the new rules, a transfer will be the primary sanction in secondary schools, replacing its previous status as one of several possible measures. The regulation, agreed with unions CSIF, ANPE, and UGT, defines bullying as repeated psychological, verbal, or physical abuse by one or more students against another over a period of time. The decree aims to strengthen victim protection and give schools clearer, more effective tools to maintain a safe educational environment.
A transfer is not imposed automatically. It requires a formal procedure led by a teacher appointed by the school’s management. This includes opening an official case, hearing from all students involved, notifying legal guardians if minors are implicated, and informing the Educational Inspectorate. The decision must rest on proven facts, and all parties must be allowed to present their arguments before the school director rules.
The decree also covers cases in which teachers or non-teaching staff are targeted, requiring faster reports to the inspectorate. The changes aim to give school leaders greater legal certainty and ensure anti-bullying measures are applied consistently and effectively. The government acted after criticism over revelations that Sandra Peña’s school had failed to activate anti-bullying protocols, despite her mother’s complaints and an ongoing investigation by the Juvenile Prosecutor’s Office.
Calls for reform intensified after the incident, as the educational community demanded stronger ways to detect and respond to bullying. The decree follows a national congress on cyberbullying held in February, where Andalusian authorities first announced plans to toughen sanctions. The new approach is part of a broader trend in Spain to address school safety and student welfare, amid recent disruptions in the education sector, including the teachers’ strike in Catalonia over working conditions.
Official data show that awareness of bullying and the number of reports have risen in Spain in recent years, prompting regional governments to review and update their protocols. The new decree is expected to set a precedent for other regions considering similar reforms, as schools across the country seek to balance disciplinary action with the rights of all students involved.
