DECREE NO 5,622, DE December 19, 2005.

Regulation the art. 80 of Law No. 9,394 of December 20, 1996 laying down the guidelines and bases of national education.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments conferring you the art. 84, incisos IV and VI, paragraph "a", of the Constitution, and in view of what the arts possess. 8th, § 1st, and 80 of the Act No 9,394 of December 20, 1996,

DECRETA:

CHAPTER I

DAS GENERAL PROVISIONS

Art. 1º For the purposes of this Decree, distance education is characterised as educational modality in which didactic-pedagogical mediation in teaching and learning processes takes place with the use of information and communication media and technologies, with students and teachers developing educational activities in places or diverse times.

§ 1º Distance education is organisational second methodology, management and evaluation peculiar, for which provision should be made for presential moments to:

I-student evaluations ;

II-compulsory stages, when provided for in the relevant legislation ;

III-defence of course completion works, when provided for in the relevant legislation ; and

IV-activities related to teaching labs, when it is the case.

Art. 2º Distance education can be offered at the following educational levels and modalities:

I-basic education, in the terms of art. 30 of this Decree ;

II-education of young people and adults, in the terms of art. 37 of Law No 9,394 of December 20, 1996 ;

III-special education, respected the relevant legal specificities ;

IV-professional education, covering the following courses and programmes:

a) technical, middle level ; and

b) technological, higher level ;

V-higher education, covering the following courses and programmes:

a) sequentials ;

b) of graduation ;

c) of specialization ;

d) of master's ; and

and) of doctoral.

Art. 3º The creation, organization, provision and development of distance courses and programmes should observe the one established in the legislation and regulations in force, for the respective levels and modalities of national education.

§ 1st Courses and programmes the distance should be designed with the same defined duration for the respective courses in the presential modality.

§ 2nd Courses and programmes the distance will be able to accept transfer and take advantage of studies carried out by students in presential courses and programmes, in the same way that total or partial certifications obtained in the courses and programmes the distance can be accepted in other courses and programmes at distance and in courses and programmes presentials, as per the legislation in force.

Art. 4º The evaluation of the student's performance for promotion purposes, completion of studies and obtaining diplomas or certificates will give you in the process, upon:

I-fulfillment of the scheduled activities ; and

II-realization of presential examinations.

§ 1º The examinations cited in inciso II will be drawn up by the educational institution itself accredited, second procedures and criteria defined in the course pedagogical project or program.

§ 2º The results of the examinations cited in inciso II should prevail over the rest results obtained in any other forms of distance evaluation.

Art. 5º The diplomas and certificates of courses and programmes the distance, exclaims by accredited institutions and registered in the form of the law, will have national validity.

Single Paragraph. The issuance and registration of degree diplomas and distance programmes should be carried out as relevant educational legislation.

Art. 6º The arrangements and cooperation agreements concluded for the purpose of offering courses or programmes the distance between Brazilian educational institutions, duly accredited, and their similar foreign ones, should be submitted beforehand to the analysis and approval by the normative body of the respective education system, so that the diplomas and certificates issued have national validity.

Art. 7º Compete with the Ministry of Education, upon articulation between their organs, to organize, in a collaborative regime, in the terms of 8th, 9th, 10 and 11 of Law No 9,394, 1996, cooperation and integration between teaching systems, objecting to standardization of standards and procedures for, in fulfillment of the provisions of art. 80 of that Act:

I-accreditation and accreditation renewal of institutions for education offer distance ; and

II-authorization, renewal of consent, recognition and renewal courses or programmes the distance.

Single Paragraph. The acts of the Public Power, cited in the incisos I and II, should be guided by the Quality Referentials for Distance Education, defined by the Ministry of Education, in collaboration with the educational systems.

Art. 8º The education systems, in collaboration arrangements, will organize and maintain information systems open to the public with the data of:

I-accreditation and renewal of institutional accreditation ;

II-authorization and renewal of authorization of courses or programmes the distance ;

III-recognition and renewal of recognition of courses or programmes the distance ; and

IV-results of the supervision and evaluation processes.

Single Paragraph. The Ministry of Education should organize and maintain information system, open to the public, by making national data concerning distance education available.

CHAPTER II

DO INSTRUCTION CREDENTIAL FOR COURSES OFFER AND

PROGRAMS IN THE MODALITY THE DISTANCE

Art. 9º The act of accreditation for the provision of courses and programmes in the distance modality is intended for educational, public or private institutions.

Single Paragraph. Scientific and technological research institutions, public or private, of proven excellence and of relevant production in research, will be able to apply for institutional accreditation, for the provision of courses or programmes the distance of:

I-specialization ;

II-master's ;

III-doctoral ; and

IV-postgraduate technological professional education.

Art. 10. It is incumbent on the Ministry of Education to promote the accreditation acts of institutions for the provision of courses and programmes the distance to higher education.

Art. 11. It is incumbent on the authorities in the state education systems and the Federal District to promote the accreditation acts of institutions for the provision of distance courses at the basic level and, within the framework of the respective Federation unit, in the modalities from:

I-education of young people and adults ;

II-special education ; and

III-professional education.

§ 1º To act outside the unit of the Federation where it is headquartered, the institution should request accreditation with the Ministry of Education.

§ 2º The institutional accreditation provided for in § 1st will be carried out in a scheme of collaboration and cooperation with the normative bodies of the teaching systems involved.

§ 3º Caberá to the body responsible for education distance in the Ministry of Education, in the hundred and eighty days, counted from the publication of this Decree, coordinate the other organs of the Ministry and the educational systems to edit the standards supplementary to this Decree, for the implementation of the provisions of § § 1º and 2º.

Art. 12. The institution's application for accreditation should be formalised with the body responsible, upon compliance with the following requirements:

I-legal habilitation, fiscal regularity and economic capacity-financial, as per has the legislation in place ;

II-history of operation of the educational institution, when it is the case ;

III-plan of school development, for basic education institutions, which bear on the offer, the distance, of mean-level professional courses and for young and adult ;

IV-institutional development plan, for institutions of higher education, which bear on the offer of courses and programmes the distance ;

V-status of the university or university centre, or regiment of the isolated institution of higher education ;

VI-pedagogical project for the courses and programmes that will be offered in the modality to distance ;

VII-qualified technical and administrative body warranty ;

VIII-presenting faculty with the qualifications required in the legislation in force and, preferentially, with training for work with distance education ;

IX-present, when it is the case, the terms of arrangements and cooperation agreements celebrated between Brazilian institutions and their foreign co-signatories, for offer of courses or programmes the distance ;

X-detailed description of support services and infrastructure suitable for realization of the pedagogical project, relatively to:

a) physical facilities and technological infrastructure of support and remote service to the students and teachers ;

b) scientific laboratories, when it is the case ;

c) distance education poles, understood as operational units, in the Country or in the exterior, which can be organized in conjunction with other institutions, for the decentralized execution of teaching-administrative functions of the course, when it is the case ;

d) suitable libraries, including with remote electronic acquis and access through networks of communication and information systems, with operating arrangements and appropriate care for distance education students.

§ 1º The institution's request for accreditation should come accompanied by project pedagogical of at least one course or programme the distance.

§ 2º In the case of educational institutions that are in regular operation, there may be full or partial dispensation of the requirements cited in inciso I.

Art. 13. For the purposes of this Decree, the pedagogical projects of courses and programmes in the distance modality should:

I-obey the national curricular guidelines, established by the Ministry of Education for the respective levels and educational modalities ;

II-predict appropriate care for students with special needs ;

III-explain the pedagogical design of the courses and programmes the distance, with presentation from:

a) the respective curricula ;

b) the number of proposed vacancies ;

c) the student's evaluation system, predicting presential assessments and assessments to distance ; and

d) description of mandatory presential activities, such as curricular stages, presential defense of course completion work and activities in scientific laboratories, as well as the students' frequency control system in these activities, when it is the case.

Art. 14. The institution accreditation for the provision of the courses or programmes the distance will have a shelf life of up to five years, and may be renewed upon further evaluation process.

§ 1st The accredited institution is expected to start the authorized course within the period of up to twelve months, as of the date of publication of the respective act, staying vetoed, in that period, the transfer of the courses and of the institution to another mantender.

§ 2nd Case the implementation of authorized courses does not occur within the time defined in § 1st, the acts of accreditation and authorization of courses will be automatically made without effect.

§ 3rd Institutions accreditation renovations should be requested in the period defined by the legislation in force and will be granted for a limited period of not more than five years.

§ 4th The results of the evaluation system mentioned in art. 16 should be considered for the accreditation renewal procedures.

Art. 15. The accreditation act of institutions for offer of courses or programmes the distance will define the comprehension of their acting in the national territory, from the institutional capacity to offer courses or programs, considering the norms of the respective education systems.

§ 1st The application for extension of the accredited institution's area of scope for offer of higher courses the distance is to be made to the responsible body of the Ministry of Education.

§ 2nd The demonstrations issued on accreditation and accreditation renewal of which treats this article are able to appeal to the normative body of the respective education system.

Art. 16. The higher education evaluation system under the Act No. 10,861 of April 14, 2004 applies in full to higher education in distance.

Art. 17. Identified deficiencies, irregularities or disfulfillment of the originally established conditions, upon supervision or evaluation actions of courses or institutions accredited for distance education, the competent organ of the respective education system will determine, in proper act, observed the adversarial and broad defense:

I-installation of diligence, syndication or administrative process ;

II-suspension of the recognition of higher courses or the renewal of courses of basic or professional education ;

III-intervention ;

IV-deactivation of courses ; or

V-description of the institution for distance education.

§ 1st The institution or course that gets unsatisfactory performance in the evaluation that it treats the Act No. 10,861, 2004, will be subject to the provisions of the incisos I to IV, as the case may be.

§ 2nd The determinations of which treats the caput are passable to the normative organ of the respective education system.

CHAPTER III

DA EDUCATION OFFER OF YOUNG PEOPLE AND ADULTS, SPECIAL EDUCATION AND

PROFESSIONAL EDUCATION IN MODALITY THE DISTANCE, IN BASIC EDUCATION

Art. 18. The courses and distance education programmes created can only be implemented for offer after authorization from the relevant bodies of the respective education systems.

Art. 19. The tuition in courses the distance for basic education of young and adult can be made independently of prior schooling, obeyed the minimum age and upon evaluation of the education, which allows for its enrollment in the appropriate step, as per standards of the respective education system.

CHAPTER IV

DA OFFER OF HIGHER COURSES, IN THE MODALITY THE DISTANCE

Art. 20. Institutions that hold accredited university autonomy prerogative for higher education provision the distance will be able to create, organize, and extinguish courses or higher education programs in that modality, as willing in the inciso I do art. 53 of the Act No. 9,394, 1996.

§ 1st The courses or programs created as per caput can only be offered in the limits of the scope defined in the institution's accreditation act.

§ 2nd The acts mentioned in the caput should be communicated to the Superior Education Registry of Ministry of Education.

§ 3rd The number of vacancies or its change will be fixed by the institution holder of prerogatives of university autonomy, which should observe institutional, technological and operational capacity of their own to offer courses or programmes the distance.

Art. 21. Accredited institutions that do not hold the prerogative of university autonomy should ask, together with the competent body of the respective education system, permission to open courses offer and higher education programs to distance.

§ In the authorization acts of higher courses the distance, the number of vacancies to be offered by means of external evaluation process to be carried out by the Ministry of Education.

§ 2nd The courses or programmes of the institutions cited in the caput that come to accompany the solicitation of accreditation for the distance education offer, pursuant to § 1st of the art. 12, they should also be submitted to the authorisation procedure dealt with in this article.

Art. 22. The recognition and renewal processes of the recognition of the distance higher courses should be requested as educational legislation in force.

Single Paragraph. In the acts cited in the caput, they should be spelled out:

I-the deadline for recognition ; and

II-the number of vacancies to be offered, in case of institution of higher education no holder of university autonomy.

Art. 23. The creation and authorization of distance graduation courses should be submitted in advance to the manifestation of:

I-National Board of Health, in the case of the courses in Medicine, Odontology and Psychology ; or

II-Federal Council of the Order of Lawyers of Brazil, in the case of the Law courses.

Single Paragraph. The manifestation of the councils cited in the incisos I and II, considered the specificities of distance education modality, will have procedural analogous to the one used for the courses or presential programmes in these areas, under the legislation vigor.

CHAPTER V

DA OFFER OF COURSES AND DISTANCE POSTGRADUATE PROGRAMS

Art. 24. The offer of distance specialization courses, per institution duly accredited, should comply, in addition to the provisions of this Decree, the remaining devices of legislation and standardization pertinent to education, in general, how much:

I-to the titration of the faculty ;

II-to the presential examinations ; and

III-to the presential presentation of course completion work or monograph.

Single Paragraph. Accredited institutions offering distance specialization courses should inform the Ministry of Education with the data regarding their courses, when of their creation.

Art. 25. Courses and Master's degree programmes and doctoral distance will be subject to the requirements for authorization, recognition and renewal of recognition provided for in the specific legislati

§ 1st The acts of authorization, recognition and renewal of recognition cited caput will be given by specified term as regulation.

§ 2nd Caberá to the Coordination of Higher Level Personnel Improvement-CAPES edit the standards supplementary to this Decree, for the implementation of the which has the caput, within one hundred and eighty days, counted from the date of its publication.

CHAPTER VI

DAS FINAL PROVISIONS

Art. 26. Accredited institutions for offer of courses and distance programmes will be able to establish links to do so on multiple territorial bases by forming consortiums, partnerships, celebration of arrangements, agreements, contracts or other similar instruments, provided that the following conditions have been observed:

I-voucher, by means of act of the Ministry of Education, after evaluation of commission of experts, that linked institutions can carry out the specific activities assigned to them in the distance education project ;

II-demonstration that the work in partnership is properly provided and explained in:

a) institutional development plan ;

b) plan of school development ; or

c) pedagogical project, when it is the case, of the partner institutions ;

III-celebration of the respective term of compromise, agreement or arrangement ; and

IV-indication of responsibilities for the offer of the courses or programmes the distance, in what concerns the:

a) implantation of distance education poles, when it is the case ;

b) selection and empowerment of teachers and tutors ;

c) registration, training, monitoring and evaluation of students ;

d) issue and registration of the corresponding diplomas or certificates.

Art. 27. Degree diplomas or higher degree programmes of undergraduate and similar, distance, issued by foreign institution, including those offered in arrangements with institutions based in Brazil, should be submitted for revalidation in Brazilian public university, as per legislation

§ 1st For the purposes of re-validation of diploma of course or degree programme, the university may require the holder of the foreign diploma to undergo further study, evidence or examinations aimed at suppressing or injuring knowledge, skills and skills in the area of graduation.

§ 2nd Desumer shall be respected the international agreements of reciprocity and equation of courses.

Art. 28. The degrees of specialization, master's and doctoral degrees carried out in modality the distance in foreign institutions should be submitted for recognition at university that has a course or program recognized by CAPES, at the same level or at a higher level and in the same area or equivalent, preferably with the corresponding offer in distance education.

Art. 29. Standardization of standards and procedures for accreditation of institutions, authorization and recognition of courses or programmes the distance will be effective in collaboration regime coordinated by the Ministry of Education, within the period of one hundred and eighty days, counted from the date of publication of this Decree.

Art. 30. Accredited institutions for distance education offer will be able to apply for authorisation, together with the normative bodies of the respective education systems, to offer the fundamental and medium distance teaches, as § 4th of art. 32 of the Act No 9,394, 1996, exclusively for:

I-the learning supplementation ; or

II-in emergency situations.

Single Paragraph. The basic education offer under the caput will contemplate the situation of citizens who:

I-are prevented, by reason of health, from accompanying presential education ;

II-be holders of special needs and require specialized services of listening ;

III-meet abroad, for whatever reason ;

IV-live in localities that do not contain regular network of presential school care ;

V-compulsorily be transferred to difficult regions access, including missions located in border regions ; or

VI-are in a situation of jail.

Art. 31. The distance courses for the basic education of young people and adults who have been authorized exceptionally for a duration of less than two years in elementary school and a year and a half in high school should enroll their students in examinations of certification, for the purposes of completing the respective level of education.

§ 1st exams cited in the caput will be carried out by the executive body of the respective system of teaching or by institutions by him accredited.

§ 2nd Poor be accredited for carrying out the exams that it treats this article institutions which have recognized competence in learning assessment and are not under syndication or by responding to administrative or judicial proceedings, nor have students enrolled in the certification exams cited in the caput.

Art. 32. Under the terms of what art has. 81 of Law No 9,394, 1996, the organization of courses or institutions of experimental education is permitted for offering distance education modality.

Single Paragraph. The institutional accreditation and authorization of courses or programmes of which it treats the caput will be granted by a given time limit.

Art. 33. Accredited institutions for distance education offer should make note, in all their institutional documents, as well as in the dissemination materials, reference to the corresponding accreditation acts, authorization and recognition of your courses and programs.

§ 1st The documents to which the caput refers should also contain information regarding the conditions for evaluation, certification of studies and partnership with other institutions.

§ 2nd Comproven, upon administrative procedure, deficiencies or irregularities, the Executive power will sustain the plotting of pleas of interest of the institution in the respective education system, and may still apply, in an act of its own, the penalties provided for in art. 17, as well as in the specific legislation in force.

Art. 34. Accredited institutions to deliver courses and programmes the distance, authorized on dates prior to the publication of this Decree, will have until three hundred and sixty days gone to suit the terms of this Decree, as of the date of your publication.

§ 1st The institutions of higher education accredited exclusively for the provision of courses of postgraduate lato sensu should ask the Ministry of Education to review the accreditation act, for suitability to the terms of this Decree, being subjected to the supervisory procedures of the body responsible for the higher education of that Ministry.

§ 2nd Stay preserved the rights of students of courses or programmes the distance matriculated before the date of publication of this Decree.

Art. 35. Educational institutions, whose senior courses and programmes have completed, on the date of publication of this Decree, more than half of the time limit granted in the act of authorization, they should apply for, at the maximum of one hundred and eighty days, the respective reconnal.

Art. 36. This Decree shall enter into force on the date of its publication.

Art. 37. The Decree No 2,494 of February 10, 1998 and the Decree No 2,561 of April 27, 1998 shall be revoked.

Brasilia, December 19, 2005 ; 184th of the Independence and 117th of the Republic.

LUIZ INACIO LULA DA SILVA

Fernando Haddad