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PROPOSED LAW NO. 61 /X

Exhibition of Motives

The associations of parents and in charge of education play, in the frame of the

social dialogue, a relevant role that matters to recognize and value, namely

in the jurydic-legal plan.

The role of parents ' associations deserves special prominence in Article 77 (2) of the

Constitution that refers to democratic participation in teaching as well as in the Programme

of the XVII Constitutional Government that provides for the conclusion of contracts-programme with the

associations of parents and in charge of education and the strengthening of the role of families in the

strategic direction of the educational establishments and the favorability of the constitution

of strong leads.

It is indiscernible that these associations constitute a basilar axis for the achievement of the

necessary commitments and consensuses around education policy, within the framework of

a greater participation of the various social forces in the decisions and the execution of

educational policies, at all levels of the administration, without prejudice to autonomy

technical and professional of educational agents.

This new legal framework appears indispensable as an instrument

enhancer enhancement and stimulus potentiation for the participation of parent associations and

in charge of education in the field of education policy.

Through the present proposed law, objectively aim to value the role of the

associations of parents and in charge of education, creating conditions suitable to the

exercise of its activity and mission, predicting for the purpose, specifically:

o The creation of better and fairer mechanisms of operation and support for a

group of organizations and of persons who, in a uniquely voluntary manner, if

comes, at times, replacing the function of the state;

o The valorisation of the role of parents ' associations and in charge of education to the

various levels: national, regional and local;

o The consecration of the right of participation and intervention of parent associations and

in charge of education in the definition and monitoring of educational policy,

recognizing them the status of a social partner translated into the indication of

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representatives for consultation and participation bodies that work together from

entities that have competence in the field of education;

o The recognition of the right of parents ' associations and in charge of education to the

support and collaboration of the State in all that respects the improvement and promotion of the

rights and interests of the students.

With the approval of this legislative initiative in the Assembly of the Republic to create-

the conditions for the establishment of social dialogue and participation to be institutionalized

in a key sector for citizens.

The self-governing bodies of the Autonomous Regions, the Association, should be heard

National of Portuguese Municipalities and the National Confederation of Parents ' Association.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Amendment to Decree-Law No 372/90 of November 27

Articles 9, 14 and 15 of the Decree-Law No. 372/90 of November 27, with the

amendments made to it by the Decree-Law No. 80/99 of March 16,

shall be replaced by the following:

" Article 9.

[...]

1-Constitutions rights of parents ' associations at the establishment level

or grouping:

a) [ Previous Article 9 (c) ];

b) [ Previous Article 9 (d) ];

c) [ Previous Article 9 (e) ];

d) [ Previous Article 9 (f) ] .

2-Constitutions rights of parent associations at national, regional level

or location:

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a) [ Previous Article 9 (a) ];

b) Be represented in the advisory bodies in the field of

education, at the local level, as well as in consultative bodies at the level

regional or national with assignments in the fields of definition and

of the planning of the educational system and its articulation with

other social policies;

c) Benefit from the right of antenna in public radio services and

television, in the same terms as the associations with status of

social partner;

d) To request from the bodies of the central, regional and

place the information that allows them to follow the definition and

the implementation of the education policy;

e) Benefit from state support, through the central administration,

regional and local, for the pursuit of their purposes, inter alia

in the exercise of their activity in the field of training,

information and representation of parents and in charge of education,

on the terms to be regulated;

f) Participate in the elaboration and follow-up of plans and programs

national, regional and local education;

g) Initiate and intervene in legal proceedings and procedures

administrative as to the interests of their associates, in the terms

of the law.

3-The right provided for in paragraph c) of the previous number is exclusively

reported to the associations of parents of national scope.

4-The associations of parents of regional and local scope exercise the rights

provided for in points a) and b) of paragraph 2 in function of the incidence of

measures in the geographical scope and the object of its action.

5-A The matter referred to in paragraph 1 shall be provided for in the internal regulation of the

establishment or grouping.

6-Parenting associations, through their respective confederations, are

always consulted when drafting legislation on

education and teaching, by giving them a time limit not less than eight days,

from the date on which they are provided with the consultation, to be

to pronounce on the object of it.

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7-Extracurricular and leisure activities carried out with

students are considered, when included in the plan of activities of the

school or cluster of schools, within the scope of school insurance.

Article 14.

Duty of collaboration

1-Incumbent on the organs of administration and management of the establishments of

education or teaching, in accordance with existing availabilities:

a) [...];

b ) [...].

2-[...].

Article 15.

Special scheme of falters

1-The fallout given by the holders of the social bodies of the associations of

parents, or of their representative structures, for the purposes of the established

in the paragraph b) of Article 9 (2) and Art. 12, provided that

duly summoned, consider themselves for all purposes

justified, but they determine the loss of the corresponding retribution.

2-[...]:

a) [...];

b) [...];

c) [...];

d) Municipal Council of Education, whenever it convenes;

e) National Commission for the Protection of Minors, one day per quarter.

3-[...].

4-[...].

5-[...].

6-[...]. "

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Article 2.

Addition to the Decree-Law No. 372/90, of November 27

They are deferred to Decree-Law No. 372/90 of November 27, with the amendments

introduced by Decree-Law No. 80/99 of March 16, Articles 9-and 15-A, with

the following:

" Article 9.

Duties of the associations

1-The associations of parents and in charge of education have a duty to

promote, together with their associates, the appropriate use of the services

and educational resources.

2-In the event that they receive supports from the State or any other

entity, parent associations have a duty to provide information

about their nature, origin and application through the presentation of

report of activities and accounts, in terms of regulation, to the entity

to be indicated by the Ministry of Education, by the end of the month of March of the

year following which they report, tasked with the said entity

promote their advertiitation in place of the Ministry's website

Education in the Internet .

Article 15-The

Public utility and mecenato

1-Parents ' associations may, at their request, be conferred the status of

public utility, in the terms and for the effects set out in the Decree-Law

n. 460/77, of November 7.

2-Considerate special recognition, and as such enjoy the

benefits to be granted by way of the Decree-Law No. 460/77, of 7 of

November, the following situations:

a) Organisation of curricular enrichment activities in the framework

of the extension of time and the full-time school;

b) Organization of support activities for families.

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3-Donations granted to parents ' associations benefit from the scheme

established in the Statute of the Mecenate, approved by the Decree-Law n.

74/99, of March 16. "

Article 3.

Regulation

The provisions of the paragraph e) of Article 9 (2), as far as the central administration is concerned, and

in Article 9 (2) of the Decree-Law No 372/90 of November 27, in the wording

introduced by this Law, is the subject of regulation by the Government within the period of

120 days from the date of its publication.

Article 4.

Abrogation standard

Article 7 (3), Article 10 and Article 11 of the Decree-Law No 3 are repealed.

372/90 of November 27, with the amendments introduced by Decree Law No. 80/99,

of March 16.

Article 5.

Republication

It is republished, in annex, which is an integral part of this Law, the Decree-Law

n ° 372/90 of November 27, with the current wording.

Article 6.

Entry into force

The provisions set out in this law that do not lack regulation enter

in force on the day following that of its publication, save those with incidence

budget, which will only enter into force with the commencement of the Budget of the

Subsequent state.

Seen and approved in Council of Ministers of March 16, 2006

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The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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ANNEX

(Republication of the Decree-Law No. 372/90 of November 27)

Article 1.

Subject

1-The present diploma approves the regime which disciplines the constitution of the associations of

parents and in charge of education, hereinafter referred to as parents ' associations, and

defines the rights and duties of the said associations, as well as of their federations

and confederations.

2-The present diploma defines, still, the rights of parents and in charge of education

as members of the bodies of administration and management of the establishments

public preschool education and the basic and secondary education and their respective

educational guidance structures.

Article 2.

Purposes

Parents ' associations aim at advocacy and promotion of the interests of their associates

in all as regards the education and teaching of your children and educands that are

students in preschool education or the basic or secondary education, public, private

or cooperative.

Article 3.

Independence and democratization

1-Parents ' associations are independent of the state, political parties,

religious organizations and any other institutions or interests.

2-Parents and in charge of education have the right to constitute freely

associations of parents or to integrate into associations already constituted, according

with the principles of freedom of association.

3-Any associate enjoys the right of full participation in associative life,

including the right to elect and to be elected to any office of the social bodies.

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Article 4.

Autonomy

Parents ' associations enjoy autonomy in the drafting and approval of the respective

statutes and too much internal standards, in the election of their social bodies, in management and

administration of its own heritage, in the drafting of activity plans and in the

effective pursuit of its ends.

Article 5.

Constitution

1-Parents and in charge of education that they want to constitute in parent association

must approve the respective statutes.

2-Once approved, the bylaws shall be deposited in the General Secretariat of the

Ministry of Education, accompanied by a list of the respective outorgants,

with full and abode identification of each, and certificate of

admissibility of the appellation of the association, issued by the National Register of

Legal Persons.

3-The Ministry of Education will refer you copy of the documents referred to in the number

previous to the Attorney General of the Republic for control of legality, after which

will promote the respective free publication in the Journal of the Republic .

4-Parenting associations may work, on a provisional basis, as soon as it shows

complied with the provisions of paragraph 2.

Article 6.

Personality

Parents ' associations enjoy legal personality as of the date of publication

of its statutes in the Journal of the Republic.

Article 7.

Headquarters and facilities

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1-A The association of parents may designate as the seat of the association itself, in the

respective statutes, an establishment of education or teaching, whenever there if

find inscribed the generality of the children or educands of their associates.

2-In the case provided for in the preceding paragraph, the parent association may use facilities

of the same establishment, in terms to be defined in the internal regulation of the school,

to bring them together, not constituting the same their own heritage.

3-[ Revoked ].

Article 8.

Federative organizations

Parent associations are free to either group or affiliate with unions, federations or

confederations, of a local, regional, national or international scope, with identical purposes

or similar to yours.

Article 9.

Rights

1-Constitutions rights of parent associations at the establishment level or

grouping:

a) Participate, in the terms of the law, in the administration and management of establishments

of education or teaching;

b) Meeting with the bodies of administration and management of the establishment of

education or teaching in which it is inscribed the generality of the children and

educators of their associates, specifically to accompany the

participation of parents in the activities of the school;

c) Distribute the documentation of interest of the parent associations and affix it to

places intended for the purpose in the establishment of education or teaching;

d) Benefit from documentary support to be provided by the education establishment or

of teaching or by the competent departments of the Ministry of Education.

2-Constitutions rights of parents ' associations at national, regional or local level:

a) Pronounting on the definition of educational policy;

b) Being represented in the advisory bodies in the field of education, at the level

place, as well as in advisory bodies at regional or national level with

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assignments in the areas of the definition and planning of the educational system and

of their articulation with other social policies.

c) Benefit from the right of antenna in the public radio and television services, in the

same terms of the associations with status as a social partner;

d) Soliciting from the bodies of the central, regional and local administration the

information that will enable them to follow the definition and execution of the

education policy;

e) Benefit from state support, through central, regional administration and

place, for the pursuit of its purposes, particularly in the exercise of its

activity in the field of training, information and representation of parents and

in charge of education, in the terms to be regulated;

f) Participate in the drafting and monitoring of national plans and programmes,

regional and places of education;

g) Initiate and intervene in legal proceedings and administrative procedures

as to the interests of their associates, in the terms of the law.

3-The right provided for in paragraph c) of the previous number is exclusively reported to the

associations of parents of national scope.

4-Regional and local parents ' associations exercise the rights provided for in the

points a) and b) of paragraph 2 in relation to the incidence of the measures in the geographical scope and

of the object of its action.

5-A The matter referred to in paragraph 1 shall be provided for in the internal regulation of the

establishment or grouping.

6-Parenting associations, through their respective confederations, are always

consults when drafting legislation on education and teaching, being-

they set them a period of not less than eight days, from the date on which they are

provided the consultation, to rule on the object of it.

7-Extracurricular and leisure activities carried out with pupils are

considered, when included in the school's activities plan or grouping

of schools, within the scope of school insurance.

Article 9-The

Duties of the associations

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1-Parenting associations and instructs of education have a duty to promote, together

of their associates, appropriate use of the services and educational resources.

2-In the event that they receive supports from the State or any other entity, the

associations of parents have a duty to provide information about their nature, origin

and application through the presentation of reporting of activities and accounts, in terms of

regulatory, to the entity to be indicated by the Ministry of Education, by the end of the month of

March of the year following which they report, incumbent on the said entity

promote their advertiness in place of the Ministry of Education's website in the

Internet.

Article 10.

[ Revoked ]

Article 11.

[ Revoked ]

Article 12.

Meeting with bodies of administration and management

1-The meetings between the parents ' associations and the bodies of administration and management of the

education or educational establishments can take place whenever any

of the said entities the necessary julgue.

2-Whenever the matter scheduled for the meeting advises you, it may the association of

parents to request the bodies of administration and management of the education establishment

or of teaching who are summoned to meetings other agents of the same

establishment.

Article 13.

Documentary support

1-The documentary support for parents ' associations comprises access to legislation on

education and teaching, as well as other documentation of interest for the same

associations.

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2-Associations may, in the terms of protocols to be concluded with the establishments

of education or teaching and within the budgetary availabilities of these,

benefit from other technical or logistical support.

Article 14.

Duty of collaboration

1-Incumbent on the bodies of administration and management of education establishments or

of teaching, in accordance with the existing availabilities:

a) To enable the meetings of the organs of parent associations;

b) Provide own sites of appropriate size, for the distribution or affixing

of documentation of interest from parent associations.

2-A ceding facilities for the meetings of the organs of parent associations must

be requested to the governing body of the educational or educational establishment, with the

minimum five day notice.

Article 15.

Special scheme of falters

1-The fallout given by the holders of the social organs of parent associations, or of the

its representative structures, for the purposes of the set up in the b) of paragraph 2 of the

article 9 and Article 12, provided that they duly convened, consider themselves to be

all the justified effects, but determine the loss of the corresponding consideration.

2-The parents or in charge of educating members of the governing bodies and

management of public preschool education and basic teaches and

secondary are entitled, for participation in meetings of the organs for which

have been summoned, to enjoy a credit of paid days, in the following

terms:

a) Assembly, one day per quarter;

b) Pedagogical advice, one day per month;

c) Class advice, one day per quarter;

d) Municipal Council of Education, whenever it convenes;

e) National Commission for the Protection of Minors, one day per quarter.

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3-The flawings given in the terms of the preceding paragraph consider themselves justified and count,

for all legal purposes, as an effective service, save with respect to the allowance

of meal.

4-On the lines that exceed the credit referred to in paragraph 2, and which demonstrably if

target at the same end, the provisions of the preceding paragraph apply, but they determine the

loss of the corresponding retribution.

5-The fallout referred to in this article may be given in half-day periods

and are justified upon presentation of the convenor and document

proof of the presence passed by the entity or body that convened the meeting.

6-A form of participation of parents or in charge of education in organs of

administration and management of private schools or cooperatives that have concluded

with the State contracts of association, in accordance with the Statute of the Private Education and

Co-operative, is regulated by this Statute.

Article 15-The

Public utility and mecenato

1-Parents ' associations may, at their request, be conferred the status of utility

public, in the terms and for the purposes set out in the Decree-Law No. 460/77, 7 of

November.

2-Considerate special recognition, and as such enjoy the benefits to

grant by way of the Decree-Law No. 460/77 of November 7, the following

situations:

a) Organisation of curricular enrichment activities within the framework of the

extension of time and full-time school;

b) Organization of support activities for families.

3-Donations granted to parents ' associations benefit from the established scheme

in the Statute of the Mecenate, approved by the Decree-Law No. 74/99 of March 16.

Article 16.

Contracts-program

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Parents ' associations will be able to benefit from special support from the state, which will be

provided in the terms to be agreed upon in contract-programme with the Ministry of Education and

in the framework of the budgetary availabilities of the respective departments.

Article 17.

Applicable law

The parent associations are governed by the respective statutes, by the present diploma and,

subsidally, by the general law on the right of association.

Article 18.

Associations already constituted

Parents ' associations legally constituted at the date of the entry into force of the present

diploma who wish to benefit from the rights therein must proceed to the

copy deposit of the respective bylaws at the General Secretariat of the Ministry of

Education.

Article 19.

Application to autonomous regions

The application of this diploma in the Autonomous Regions of the Azores and Madeira does not

undermines the own competences of the departments and bodies of the respective

regional administrations.

Article 20.

Repeal

It is repealed the Act No 7/77 of February 1.