The Second Amendment To Decree-Law No. 372/90, Of 27 November, Which Establishes The Regime Of The Constitution Of Associations Of Parents And Guardians, As Well As The Rights And Duties That Shall Comply With The Said Associations.

Original Language Title: Procede à segunda alteração ao Decreto-Lei n.º 372/90, de 27 de Novembro, que estabelece o regime de constituição das associações de pais e encarregados de educação, bem como os direitos e deveres a que ficam subordinadas as referidas associações.

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624459784c5667755a47396a&fich=ppl61-X.doc&Inline=false

1 PROPOSAL of law No. 61/X explanatory statement the associations of parents and guardians play, within the framework of the social dialogue, a major role that's important to recognize and value, in particular in the legal plan. The role of associations of parents deserves special mention in paragraph 2 of article 77 of the Constitution referring to the democratic participation in education, as well as in the 17TH Constitutional Government program which provides for the conclusion of programme contracts with associations of parents and guardians and the strengthening of the role of families in the strategic direction of educational establishments and in favor of the Constitution of strong leaders. It is indisputable that these associations constitute a basic axis for the obtaining of the necessary commitments and consensus around the education policy, in the context of a greater participation of the various social forces in decisions and implementation of educational policies at all levels of the Administration, without prejudice to the autonomy of professional and technical education agents. This new legal framework it is essential as a tool of recovery Enhancer and to stimulate the participation of associations of parents and guardians in the field of education policy. Through this proposed law aims, objectively, valuing the role of associations of parents and guardians, creating suitable conditions to the exercise of their activities and mission, and for this purpose, namely: the creation of better and more righteous operating mechanisms and support for a group of organizations and people that exclusively voluntary, if it comes Sometimes, replacing the role of the State; the enhancement of the role of associations of parents and carers at various levels: national, regional and local levels; the consecration of the right to participation and intervention of associations of parents and guardians in the definition and monitoring of educational policy, recognizing them the status of a social partner translated on indication 2 representatives for consultation and participation work with entities that have competence in the field of education; the recognition of the right of associations of parents and guardians to the support and cooperation of the State in all respects in the improvement and promotion of the rights and interests of the students. With the adoption of this legislative initiative in the Assembly of the Republic shall create conditions to be institutionalized via social dialogue and participation in a key sector for citizens. Must be heard the Government organs of the autonomous regions, the National Association of Portuguese municipalities and the National Confederation of parents ' Association.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 amendment to Decree-Law No. 372/90, of 27 November, articles 9, 14 and 15 of Decree-Law No. 372/90, of 27 November, as amended by Decree-Law No. 80/99 , March 16, are replaced by the following: ' article 9 [...]

1-constitutes rights of associations of parents of establishment level or group:) [previous article 9, point (c))]; b) [Former subparagraph (d)) of article 9]; c) [previous article) article 9]; d) [previous subparagraph (f)) of article 9]. 2-constitutes rights of parents ' associations at national, regional or local level: 3 a) [previous article 9 (a))]; b) Be represented in advisory bodies in the field of education, at the local level, as well as in advisory bodies at regional or national level with assignments in the fields of definition and planning of the education system and their articulation with other social policies; c) benefit from the right to public services antenna of radio and television, in the same terms of associations with social partner status; d) Request with the central administration bodies, regional and local information to enable them to monitor the development and implementation of education policy; e) benefit from support from the State, through the central, regional and local administration, for the attainment of its purposes, in particular in the exercise of its activity in the field of training, information and representation of parents and guardians in accordance with the regulations; f) participate in the preparation and follow-up of national plans and programmes, regional and local education; g) Initiate and intervene in judicial and administrative procedures as the interests of its members, in accordance with the law. 3-the right referred to in subparagraph (c)) of the preceding paragraph is solely reported associations of parents nationwide. 4-The associations of regional and local parents exercise the rights provided for in (a)) and (b)) paragraph 2:00 pm according to the incidence of the measures in geographic scope and the object of his action. 5-the material referred to in paragraph 1 shall be laid down in the internal regulations of the establishment or group. 6-parent associations, through their respective confederations, are always consulted when drafting legislation on education and teaching, and set a deadline of no less than eight days from the date on which they are made available to the query, to give on the subject. 4 7-extracurricular activities and leisure carried out with students are considered, when included in the plan of activities of the school or group of schools under school insurance.

Article 14 Obligation of cooperation 1-it is up to the Administration and management of education or teaching establishments, according to the existing availabilities:) [...]; b) [...]. 2 - [...].

Article 15 the special faults 1-fouls given by the holders of the governing bodies of associations of parents, or of their representative structures for the purposes established in subparagraph (b)) of paragraph 2 of article 9 and article 12, duly summoned, for all intents and purposes justified, but determine the loss of retribution. 2 - [...]: a) [...]; b) [...]; c) [...]; d) Municipal Council of education, always bringing together; and) National Commission for the protection of minors, one day per quarter. 3 - [...]. 4 - [...]. 5 - [...]. 6 - [...].»

5 article 2 Amendment to Decree-Law No. 372/90, of 27 November Are added to Decree-Law No. 372/90, of 27 November, as amended by Decree-Law No. 80/99, of 16 March, articles 9A and 15A, with the following text:% quot% Article 9a Duties 1 associations-associations of parents and carers have a duty to promote with his associates, the proper use of the services and educational resources. 2-in the case of receiving support from the State or from any other entity associations, parents have the duty to provide information about their nature, origin and application through the presentation of annual activity report, in accordance with the regulations, to the entity specified by the Ministry of education, by the end of March of the year following the reporting , leaving it to the entity promoting their advertising in place of the site of the Ministry of education on the Internet.

Article 15a and 1-patronage associations of parents may, at his request, be granted public utility status, under the terms and for the purposes set out in Decree-Law No. 460/77 of 7 November. 2 – the following are considered of special recognition, and as such enjoy the benefits granted by way of Decree-Law No. 460/77 of 7 November, the following situations: a) curricular enrichment activities organization within the extension of time and full-time school; b) Organization of activities in support of families. 6 3-The donations granted to associations of parents benefiting from the regime established in the Statute of the Patronage, approved by Decree-Law No. 74/99, of 16 March.»

Article 3 the provisions and Regulations) of paragraph 2 of article 9, as regards the central administration, and in paragraph 2 of article 9 of Decree-Law No. 372/90, of 27 November, in the wording introduced by this law, is regulated by the Government within 120 days from the date of its publication.

Article 4 Standard set Are deleted paragraph 3 of article 7, article 10 and article 11 of Decree-Law No. 372/90, of 27 November, as amended by Decree-Law No. 80/99, of 16 March.

Article 5 Republication is republished, in annex, which is an integral part of this law, Decree-Law No. 372/90, of 27 November, with the current wording.

Article 6 entry into force the provisions of this Act that do not require regulations come into force on the day following that of its publication, with the exception of those that have budgetary implications, which will enter into force with the start of the State budget.

Seen and approved by the Council of Ministers of 16 March 2006 7 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 8 ANNEX (Republication of Decree-Law No. 372/90, of 27 November) Article 1 subject-matter


1-this Decree-Law approves the scheme which regulates the establishment of associations of parents and guardians, hereinafter called associations of parents, and defines the rights and duties of such associations and their federations and confederations. 2-the present law defines the rights of parents and guardians as members of the administrative and management of public institutions of pre-school education and basic and secondary education and educational guidance structures.

Article 2 Purpose The parents associations for the defence and promotion of the interests of its members in all respects to the education and teaching of their children and students who are students of pre-school education or Basic or secondary, public, private or cooperative.

Article 3 independence and democracy 1-parent associations are independent of the State, political parties, religious organisations and any other institutions or interests. 2-parents and guardians have the right freely to form associations of parents or to integrate into already established associations, in accordance with the principles of freedom of Association. 3-any associated enjoys the right of full participation in community life, including the right to vote and to be elected to any Office of the social bodies. 9 Article 4 associations of Autonomy parents enjoy autonomy in drawing up and approval of their statutes and other internal rules, in the election of their bodies, in the management and administration of their own heritage, on activity plans and effective pursuit of its purposes.

Article 5 Formation 1-parents and carers who want to be in the parents ' Association must approve its statutes. 2-after approved, the statutes shall be deposited in the General Secretariat of the Ministry of education, accompanied by a list of their respective parties, with full ID and address of each, and validation certificate of title issued by the Association's national register of legal persons. 3-the Ministry of education shall forward copy of the documents referred to in the preceding paragraph to the Attorney General of the Republic for legality control, after which it will promote its free publication in the Diário da República. 4-The associations of parents can work, on a provisional basis as soon as they show fulfilled the provisions of paragraph 2.

Article 6 The Personality associations of parents enjoy legal personality from the date of publication of the statutes in the Diário da República.

Article 7 10 1-installations and the PTA can designate as the seat of the Association itself, in the respective statutes, an establishment of education or teaching, whenever there is the generality of children or pupils of his associates. 2-in the case referred to in the preceding paragraph, the PTA can use facilities of the establishment, in terms to be defined in the rules of procedure of the school, to them, is not the same as your own heritage. 3 – [Repealed].

Article 8 States Organisations of parents associations are free to group or join in unions, federations or confederations, local, regional, national or international, with identical or similar to their purposes.

Article 9-1 Rights Are rights of associations of parents of establishment level or group: a) Participate, pursuant to law, in the Administration and management of education or teaching establishments; b) meet with the Administration and management of the educational or teaching establishment in which is recorded the majority of children and students of its members, in particular to monitor the participation of parents in school activities; c) distribute the documentation of interest associations of parents or vignette in places intended for that purpose in education or teaching establishment; d) benefit from documentary to provide support for the establishment of education or education or by the competent departments of the Ministry of education. 2-constitutes rights of parents ' associations at national, regional or local level: a) comment on the definition of educational policy; b) Be represented in advisory bodies in the field of education, at the local level, as well as in advisory bodies at regional or national level with 11 assignments in the fields of definition and planning of the education system and their articulation with other social policies. c) benefit from the right to public services antenna of radio and television, in the same terms of associations with social partner status; d) Request with the central administration bodies, regional and local information to enable them to monitor the development and implementation of education policy; e) benefit from support from the State, through the central, regional and local administration, for the attainment of its purposes, in particular in the exercise of its activity in the field of training, information and representation of parents and guardians in accordance with the regulations; f) participate in the preparation and follow-up of national plans and programmes, regional and local education; g) Initiate and intervene in judicial and administrative procedures as the interests of its members, in accordance with the law. 3-the right referred to in subparagraph (c)) of the preceding paragraph is solely reported associations of parents nationwide. 4-The associations of regional and local parents exercise the rights provided for in (a)) and (b)) paragraph 2:00 pm according to the incidence of the measures in geographic scope and the object of his action. 5-the material referred to in paragraph 1 shall be laid down in the internal regulations of the establishment or group. 6-parent associations, through their respective confederations, are always consulted when drafting legislation on education and teaching, and set a deadline of no less than eight days from the date on which they are made available to the query, to give on the subject. 7-extracurricular activities and leisure carried out with students are considered, when included in the plan of activities of the school or group of schools under school insurance.

Article 9a Duties 12 1 associations-associations of parents and carers have a duty to promote, among its members, the proper use of the services and educational resources. 2-in the case of receiving support from the State or from any other entity associations, parents have the duty to provide information about their nature, origin and application through the presentation of annual activity report, in accordance with the regulations, to the entity specified by the Ministry of education, by the end of March of the year following the reporting , leaving it to the entity promoting their advertising in place of the site of the Ministry of education on the Internet.

Article 10 [Repealed] article 11 [Repealed] article 12 meeting with administrative and management 1-meetings between the associations of parents and the Administration and management of education or teaching establishments can take place whenever any of those entities the deems necessary. 2-whenever the subject scheduled for the meeting, you can advise the parents association request to the Administration and management of the educational establishment or education that are summoned to meetings other agents of the same establishment.

Article 13 documentary Support 1-documentary support to associations of parents understands access to legislation on education and teaching, as well as other documents of interest to the same associations. 13 2-associations may, in terms of protocols to be concluded with the education or teaching establishments and within these budgetary availabilities, benefit from other technical or logistical support.

Article 14 Obligation of cooperation 1-it is up to the Administration and management of education or teaching establishments, according to the availabilities exist: to Facilitate the meetings of the organs) associations of parents; b) Provide locations of suitable size for the distribution or posting of documentation of interest associations of parents. 2-the disposal of premises for meetings of the organs of associations of parents must be requested to the Board of education or teaching establishment, at least five days.

Article 15 the special faults


1-fouls given by the holders of the governing bodies of associations of parents, or of their representative structures for the purposes established in subparagraph (b)) of paragraph 2 of article 9 and article 12, duly summoned, for all intents and purposes justified, but determine the loss of retribution. 2-The parents or guardians of members of the administrative and management of public institutions of pre-school education and basic and secondary education are entitled, for the participation in meetings of the organs for which they have been summoned, mocking a credit of paid days, in the following terms: the) House, one day per quarter; b) pedagogical Council, one day per month; c) class Council, one day per quarter; d) Municipal Council of education, always bringing together; and) National Commission for the protection of minors, one day per quarter. 14 3-fouls given pursuant to the preceding paragraph shall be deemed to be justified and count, for all legal purposes, as actual service except in the case of the meal allowance. 4-At faults that exceed the credit referred to in paragraph 2, and that are intended for the same purpose, applies the preceding paragraph, but determine the loss of retribution. 5-The shortcomings referred to in this article may be given at noon and are justified by filing the summons and proof of past presence by the entity or body that called the meeting. 6-the form of participation of parents or guardians in the administrative and management of private schools or cooperatives which have concluded association agreements with the State, in accordance with the Statute of private education and cooperative, is regulated by this Statute.

Article 15a and 1-patronage associations of parents may, at his request, be granted public utility status, under the terms and for the purposes set out in Decree-Law No. 460/77 of 7 November. 2 – the following are considered of special recognition, and as such enjoy the benefits granted by way of Decree-Law No. 460/77 of 7 November, the following situations: a) curricular enrichment activities organization within the extension of time and full-time school; b) Organization of activities in support of families. 3-The donations granted to associations of parents benefiting from the regime established in the Statute of the Patronage, approved by Decree-Law No. 74/99, of 16 March.

Article 16 programme contracts 15 associations of parents may benefit from special support from the State, which will be provided in accordance with the wake up program agreement with the Ministry of education and in the framework of the respective departments budget availabilities.

Article 17 applicable law parents associations are governed by the statutes, by the present law and, in the alternative, by the General Law on the right of Association.

Article 18 have constituted Associations of parents associations legally constituted at the date of entry into force of this regulation wishing to benefit from the rights it embodied should proceed with the deposit of a copy of the statutes on the General Secretariat of the Ministry of education.

Article 19 application to autonomous regions the implementation of this law in the autonomous regions of the Azores and Madeira shall be without prejudice to the competences of the authorities and bodies themselves of their regional governments.

Article 20 Repeal repealed law No. 7/77, of 1 February.