LEI NO. 12,816, OF June 5, 2013

Altera the Laws 12,513, of October 26, 2011, to extend the rol of recipients and bidders of the Bolsa-Student Training under the National Access Programme to the Technical Education and Employment-PRONATEC; 9,250, of December 26, 1995, to establish that the scholarships received by the servers of the public networks of vocational, scientific and technological education, within the framework of Pronatec, do not characterize contraption of services nor advantage for the donor, for effect of income tax; 8,212, of July 24, 1991, to change the incidence conditions of the pension contribution on educational plans and scholarships; and 6,687, of September 17, 1979, to enable the Joaquim Nabuco Foundation to offer scholarships and research; it has on the Union's support for public basic education networks in the procurement of vehicles for school transport; and allows the entes federates use the price registry for the acquisition of goods and contracting services in equity and educational projects.

A P R E S D E N T A R A R E P U B L I C A

I do know that the National Congress decrees and I sanction the following Law:

Art. 1º Law No. 12,513 of October 26, 2011, it passes the following with the following amendments:

" Art. 1st .....................................................................................................

Single Paragraph. .......................................................................................

VI-stimulates the articulation between professional and technological education policy and the policies of working generation, employment and income. " (NR)

" Art. 2º ....................................................................................................

§ 4º Will be stimulated the participation of women responsible for the family unit benefiting from federal programs of transfer of income, in the courses offered through the Bolsa-Training. " (NR)

" Art. 3rd Pronatec will fulfill its purposes and objectives in a collaboration regime between the Union, the States, the Federal District and the Municipalities, with the voluntary participation of national learning services, of private and public institutions of higher education, professional and technological education institutions and public foundations of private law preciously dedicated to vocational and technological education, enabled under this Act.

..................................................................................................................... " (NR)

" Art. 4º ....................................................................................................................

X-articulation with the National Youth Inclusion Programme-PROYOUNG, pursuant to Law No. 11,692, of 10 from June 2008.

§ 1º The Bolsa-Training Student will be intended for the beneficiaries provided for in the art. 2º for medium-level technical vocational education courses, in the concomitant forms, integrated or subsequent, in the terms defined in act of the Minister of State for Education.

............................................................................................................... " (NR)

" Art 5º ........................................................................................................

§ 1º (VETADO).

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§ 3º (VETADO). " (NR)

" Art. 6º ...................................................................................

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§ 3º The amount of resources to be passed on to the scholarships of which it treats the caput will correspond to the number of vacancies paced by each teaching institution, which will subsequently be confirmed as enrolment in electronic system of information from vocational education maintained by the Ministry of Education, observed mandatory return of resources in case of unoccupied vacancies.

§ 4º The values of the scholarships-training granted in the form foreseen in the caput correspond to the total cost of the course per student, included the tuition, educational charges and the eventual transportation costing and feeding to the beneficiary, vehement direct collection to students of tuition fees, costing of teaching material or any other value by the provision of the service.

............................................................................................................ " (NR)

" Art. 6º-A. The execution of the Pronatec could be carried out by means of the awarding of the bolsings-the training of which treats the a of the inciso IV of the caput of the art. 4º to students enrolled in private institutions of higher education and technical vocational education of mid-level in the forms and modalities defined in act of the Minister of State for Education.

§ First for the purposes of the caput, private higher education and vocational education institutions of mid-level technical education should:

I-join the Pronatec with membership term signature by its maintainers;

II-habilitating before the Ministry of Education;

III-cater to the academic quality indices and other requirements set out in the act of the Minister of State for Education; e

IV-guarantee to the beneficiaries of Bolsa-Training access to their educational, recreational, sporting and cultural infrastructure.

§ 2º The habilitation of which treats the inciso II of § 1º of this article, in the case of private institution of higher education, will be conditioned to the fulfillment of the following requirements:

I-acting in undergraduate course in areas of knowledge correlates to that of the technical course to be offered or to the axes technology provided for in the catalogue of which it treats the § 2nd of the art. 5o;

II-excellence in the educational offer proven by means of satisfactory quality indexes, pursuant to the terms set in act of the Minister of State for Education;

III-promotion of conditions of accessibility and inclusive educational practices.

§ 3º The habilitation of which it treats the inciso II of § 1º of this article, in the case of the private institution of mid-level technical vocational education, will be conditioned to the result of its assessment, in accordance with criteria and procedures set in act of the Minister of State for Education, observed regulation by the competent bodies of the respective education system.

§ 4º For the habilitation of which addresses the inciso II of § 1º of this article, the Ministry of Education will define priority axes and courses, especially in the areas related to the processes of technological innovation and the elevation of productivity and competitiveness of the Country's economy. "

" Art. 6o-B. The value of the scholarship-training granted in the form of the art. 6o-A will be defined by the Executive Power and its payment will be carried out, by effective tuition, directly to the maintainers of the private higher education and vocational education institutions of mid-level, upon authorization of the student and proof of their matriculation and frequency in electronic education information system held by the Ministry of Education.

§ 1º The Ministry of Education will assess efficiency, effectiveness, effectiveness of the application of resources aimed at the awarding of the bolsings-training in the form provided for in the art caput . 6º-A.

§ 2º The maintainers of the private institutions of higher education and the private institutions of technical vocational education will make available to the Ministry of Education the information about the beneficiaries of the a bolsa-training granted for the purposes of the evaluation of which it treats § 1º, pursuant to the current legislation, observed the right to intimacy and private life of the citizen. "

" Art. 6º-C. The denunciation of the term of accession of which it treats the inciso I of § 1º of the art. 6o-A will involve no burden on the public power or injury to the student beneficiary of the Bolsa-Training Student, who will enjoy the benefit granted until the completion of the course.

Single paragraph. The failure to fulfil obligations assumed in the term of accession to Pronatec subject to private higher education and vocational education institutions of mid-level technical education to the following penalties:

I-impossibility of new accession for up to 3 (three) years and, in the case of recurrence, permanent impossibility of membership, without prejudice to the students already benefited; and

II-ressaration to the Union of the corrected value of the Bolsesas-Student Training granted unduly, retroactively to the date of the infraction, without prejudice to the foreseen in the inciso I. "

" Art. 6º-D. The general standards of implementation of the Pronatec by means of the grants-training of which it treats the a of the inciso IV of the caput of the art. 4º to students enrolled in private institutions of higher education and middle level technical education will be disciplined in act of the Minister of State for Education, which should provide for:

I-relative standards to the student's service;

II-obligations of students and institutions;

III-rules for student selection, including by setting income criteria, and adherence to institutions mantenedoras;

IV-form and conditions for the awarding of the scholarships, proof of the offer by the institutions and participation of the students in the courses;

V-course transfer standards or institution, temporary or permanent suspension of the student's tuition;

VI-academic quality requirements of the educational institutions, aficially assessed by national evaluation system and specific indicators of vocational education, observed the provisions of the inciso III of § 1º of the art. 6o-A;

VII-mechanism of monitoring and monitoring of scholarships granted by the institutions, of the service of the beneficiaries in relation to their academic performance and other requirements; and

VIII- transparency, publicity and disclosure standards regarding the awarding of the Bolsas-Training Students. "

" Art. 18. It is incumbent upon the Ministry of Education the habilitation of institutions for the development of professional education activities carried out with federal resources, pursuant to the regulation. " (NR)

" Art. 20. The national learning services integrate the federal education system into the condition of maintainers, and may set up medium-level technical vocational education institutions, initial and continuing education and higher education, observed competence of regulation, supervision and evaluation of the Union, in the terms of the incisors VIII and IX of the art. 9º of Law No. 9,394 of December 20, 1996 and of the inciso VI of the art. 6º-D of this Act.

§ 1º The technical vocational education institutions of mid-level and initial and continuing education services of national learning services will have autonomy for setting up courses and education programmes professional and technological, with permission from the top collegiate body of the respective regional department of the entity.

§ 2º The establishment of higher education institutions by national learning services will be conditioned on the approval of the Ministry of Education, by means of accreditation process.

§ 3º The higher education institutions of national learning services will have autonomy for:

I-creation of superior technology courses, in presential modality;

II-alteration of the number of vacancies offered in the higher technology courses;

III-creation of linked units, in the terms of act of the Minister of State for Education;

IV-registration of diplomas.

§ 4º The exercise of the prerogatives provided for in § 3º will depend on the authorization of the superior collegiate body of the respective regional department of the entity. " (NR)

" Art. 20-A. Social national services will have autonomy to create teaching units for the provision of high level technical vocational education and education of young people and adults integrated into vocational education, provided that in direct articulation with the services national learning, observed the competence of supervision and evaluation of states. "

" Art. 20-B. The private higher education institutions enabled in the terms of § 2º of the art. 6º-A shall be allowed to create and offer medium-level technical courses, in the forms and modalities defined in the regulation, resguarded the Union's supervisory and evaluation competences, provided for in the inciso IX of the art's caput . 9º of Law No. 9,394 of December 20, 1996.

§ 1º The supervision and evaluation of the courses will be carried out in a collaborative arrangements with the competent bodies of the States and the Federal District, in the terms set out in act of the Minister of State for Education.

§ 2º The creation of new courses should be communicated by the HEIs to the competent bodies of the states, which will be able to pronounce on possible defulfillment of requirements necessary for the offer of the courses. "

Art. 2º (VETADO).

Art. 3º The single paragraph of the art. 26 of Law No. 9,250, of 26

of December 1995, passes the vigour with the following essay:

" Art. 26. .................................................................................................

single paragraph. They do not characterize service contravement or advantage for the donor, for the purpose of the exemption referred to in the caput, the scholarships received by resident doctors, nor the scholarships received by the servers of public education networks professional, scientific and technological that participate in the activities of Pronatec, pursuant to § 1º of the art. 9º of Law No. 12,513 of October 26, 2011. " (NR)

Art. 4º (VETADO).

Art. 5º The Union, through the Ministry of Education, will support the public basic education systems of the states, Federal District and Municipalities in the procurement of vehicles for student transport in the form of the regulation.

Paragraph single. Provided that there is no injury to the purposes of the support granted by the Union, the vehicles, in addition to the use in the rural area, could be used for the transportation of students from the urban area and higher education, as per regulations to be expedited by the states, Federal District and Municipalities.

Art. 6º The price records carried out by the National Education Development Fund could be used by the states, Federal District and Municipalities for procurement of goods and contracting the services required for the execution of the shares and projects education, including when employees own resources.

Art. 7º This Law comes into effect on the date of its publication.

Brasilia, June 5, 2013; 192º of Independence and 125º of the Republic.

DILMA ROUSSEFF

Guido Mantega

Aloizio Mercadante

Fernando Damata Pimentel

Miriam Belchior

Patrician Barcelos