The Spanish Ministry of Education is currently overhauling education policy with the introduction of the new Law for Improving Educational Quality, or LOMCE (Ley de Mejora de la Calidad Educativa). This is not unprecedented event. Education policy has been rewritten several times (LOECE 1980, LODE 1985, LOGSE 1990, LOPEG 1995, LOCE 2002, LOE 2006) since the Franco dictatorship ended in 1973. Nevertheless, the current reform has received strong criticism from educators, parent associations and students for its overall neoliberal framework, as well as its implications for various marginalized groups, including immigrants, the indigenous rroma (gypsy) population, people with learning difficulties, women and the working class. We critically interrogate the implications of this new proposed law for the inclusion of minoritized groups in Spanish education and society which conceives school as the driving force in a competitive market economy. We argue these structural changes like the earlier subdivision of the comprehensive educational system into academic and professional tracks based on performance on standardized tests and school incentives based on their overall scores will further disadvantage marginalized groups through an emphasis on academic excellence for the few over practices of inclusion and democratic education.