Spain Tightens Standarts for Establishing New Universities to Curb the "Burst" of Private Universities

The Spanish Council of Ministers approved a decree on Tuesday to significantly tighten the requirements for establishing new universities in Spain. This move, spearheaded by the Ministry of Science, Innovation, and Universities under Minister Diana Morant, aims to stop the sudden “outbreak” of private universities that, according to the government, in some cases fail to meet minimum quality standards for teaching and research. The decree imposes stricter demands on all universities established from now on and strengthens quality control mechanisms via the National Agency for Quality Assessment and Accreditation (ANECA).

The Ministry emphasizes that the goal is to "guarantee the quality of Spanish universities," public or private, by mitigating the risks posed by "new models." These models include private institutions that do not conduct research, those owned by investment funds, or purely online universities lacking solid physical presence.

According to the decree, new campuses must achieve at least 4,500 students within their first six years of operation. This size is considered necessary to support a mandated minimum academic offering: 10 bachelor's degrees, 6 master's degrees, and 3 doctoral programs. Furthermore, new universities must also guarantee 10% of their student places for accommodation within three years. Crucially, new projects will require a "preceptive and binding" evaluation report from ANECA or regional quality agencies, giving these bodies the final say on quality before a project can proceed.

The new decree requires the university to provide a bank guarantee or a similar legal instrument. This guarantee is demanded only from newly created private universities, as the government considers existing institutions to have a sufficient track record to prove their sustainability. While initial drafts sought to block companies or investment funds from promoting universities, the final text allows them to do so, provided the project's documentation includes an experienced management team.

The regulation specifically addresses online universities: those where more than 80% of teaching is virtual will be classified as "universities of special characteristics." Since they operate across all Spanish territories, their authorization will require the approval of the Cortes Generales (the national Parliament) and ANECA's evaluation, a measure that centralizes control over this model. 

The decree includes three exceptions where the stringent new criteria will not apply, leaving regulatory competence with the regional governments. These exceptions were introduced in part due to suggestions from regions like the Basque Country:

1. Existing Universities: Institutions already created before the decree's effective date on October 27th will not be subjected to the new requirements.
2. Linguistic Focus: Universities located in territories with a co-official language where at least 50% of the teaching is imparted in that language. This exception recognizes that a strong focus on a regional language limits the university's nationwide scope.
3. Publicly Financed: Universities that receive partial funding from the regional government, with a minimum of 20% of the budget.