APPENDIX A

Excerpts from Organic Law 4/2000, of January 11, Regarding the Rights and Freedoms of Foreign Nationals Living in Spain and Their Social Integration, as amended by Organic Law 8/2000, of December 22, Reforming Organic Law 4/2000

Article 9. Right to education.
1. All foreign nationals under eighteen years of age have the right and obligation to receive an education under the same conditions as Spanish citizens. This right includes access to basic, free and obligatory education, to the obtainment of the corresponding academic qualifications and to the public system of grants and aid.

2. In the case of pre-school education, which is voluntary, the public administrations shall guarantee that there are sufficient openings to cover the needs of the population that requests schooling.

3. Foreign residents have a right to non-obligatory education under the same conditions as Spanish citizens. Specifically, they have the right to gain access to levels of education and learning not covered by the above section, to the obtainment of the corresponding academic qualifications and to the public system of grants and aid.

4. Public authorities shall take steps to provide education to foreign residents who need this in order to facilitate their social integration, while recognizing and respecting their cultural identity.

5. Foreign residents may gain access to teaching or scientific research positions in accordance with current legislation. They may also create and manage centers in accordance with the stipulations of current legislation.

Article 12. Right to health care.
1. Foreign nationals in Spain who are registered in the municipal census of their usual place of residence have the right to health care under the same conditions as Spanish citizens.

2. Foreign nationals in Spain have the right to emergency public health care if they suffer from serious illness or accident, whatever the cause, and to the continuation of this care until their medical discharge.

3. Foreign nationals in Spain under eighteen years of age have the right to health care under the same conditions as Spanish citizens.

4. Pregnant foreign nationals in Spain have the right to health care during pregnancy, birth and the postpartum period.

Article 35. Residence status of minors.
1. If state security forces or agencies locate an undocumented foreign national whose status as a minor cannot be determined with certainty, the competent services for the protection of minors will provide this person with the immediate attention he or she requires, in accordance with the provisions of legislation for the legal protection of minors. The Ministerio Fiscal will be immediately notified and this office, in collaboration with the pertinent health care institutions, will attempt to determine the person's age by means of the necessary tests, which will be carried out on a priority basis.

2. If the person is found to be a minor, the Ministerio Fiscal will put him or her in the care of the competent services for the protection of minors.

3. The national administration, in accordance with the principle of family regrouping for minors, and on the basis of a report by the services for the protection of minors, will decide what action must be taken to return the minor to his or her country of origin or to the country where his family resides, or failing this, what action to take regarding the minor remaining in Spain.

4. The residence status of minors under the protection of a public administration is considered to be regular to all effects. At the request of the agency that provides this protection, and upon accreditation of the impossibility of the minor returning to his or her family or country of origin, the minor will be granted a residence permit with effects retroactive to the date on which the minor was put under the care of the service for the protection of minors.

5. State security forces and agencies shall take the necessary technical steps to identify undocumented foreign minors in order to discover possible references to them in any national or foreign institution responsible for their protection. Such information may not be used for any purpose other than that stated in this section.