Key Benefits:
1
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
2
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:
3
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.
4
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-[...]. "
5
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.
6
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
7
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
8
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.
9
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
10
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
11
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
12
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.
13
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.
14
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
15
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.