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PROPOSED LAW NO. 63 /X

Exhibition of Motives

The promotion of the quality of education is an imperative today and a

fundamental responsibility of the State. Over the course of more than thirty years, society

portuguese made a voluminous investment in education that allowed to increase

considerably the rates of education of the population at the various levels of education.

However, the school qualifications of the Portuguese are still insufficient, for

a society that wants modern and competitive, while maintaining high levels of

unsuccessful and early school dropout, at the same time as the average results

of the students, measured by the national assessment instruments and by studies

international comparatives, reveal serious shortcomings in the quality of

apprenticeship. In the face of this situation, it is up to the Government, in collaboration with the others

organs of sovereignty and in particular with the Assembly of the Republic, adopt all the

measures to suppress these deficiencies and to ensure the sustained elevation of standards

of quality of education.

The assessment is today by all part an indispensable dimension of the reforms of the

public sector, to the extent that it allows to affer the efficiency and effectiveness of policies and the

performance of institutions and organizations. The assessment is therefore a condition

essential of a culture of public accountability and accountability. Also

in the educational system, the generalization of a culture of evaluation-of the policies, of the

organizations, agents and resources-will be a powerful tool for the

promotion of quality. Therefore, the XVII Constitutional Government inscribed on its

program the launch of a system for evaluation and certification of textbooks,

in the sense of ensuring that they are adequately fulfilling their function and of

provide new forms of use that are more rational and less expensive

for the families.

Among the didactic-pedagogical resources that support the action of teachers and the

learning from students, textbooks assume even today without a doubt

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increased relevance. Despite the prevalence of a pedagogical culture that advocates for

production and adaptation of the teaching materials so as to respond to the singularity of

each school, of each class or even of each student, and of the most recent diffusion of

complementary didactic resources in new supports, textbooks are still

a fundamental instrument, sometimes the only one, of teaching and learning. To

both ran the generalization of the formal adoption of textbooks by the schools.

In this context, the evaluation and certification of school textbooks, integrated into the

procedure conducive to its adoption, will certainly make a significant contribution

for the guarantee of the quality of teaching and for the promotion of educational success. In the

recent decades, the responsibility of the assessment has been left to schools and lecturers

who have been enjoying extensive autonomy in the selection of the textbooks that decide

adopt. It is certain that, in the legal devices that until here were found to be in force,

in particular in Decree-Law No. 369/90 of November 26, was provided for

procedure for the assessment of textbooks by scientific-pedagogical commissions, in

moment later to their adoption by schools. Such an appreciation would have as effect a

determination of the mandatory correction by the editors of the possible errors or deficiencies

detected, and may arrive, when it proves impossible, to the withdrawal of the market

of the manuals considered unsuitable.

However, such devices have found no more than one punctual application and,

therefore, inconsequential. Perhaps because they did not ensure the fulfillment of one of the

key responsibilities of the State in this matter-what is to ensure that

no manual disappropriate to the curriculum or programmes in force or with errors or

deficiencies to be, albeit only for a school year, instrument of learning from

no student, or because of the morosity arising from the procedural guarantees

predicted, these devices fell into disuse. Not taking on that responsibility and

firing away from monitoring the assessment and adoption by schools, the state

let it be installed a wide unsettling.

Of such unsettling has resulted a proliferation of textbooks that came to make it difficult to

responsible exercise of the autonomy of schools and lecturers, preventing achievement

of rigorous evaluation work. Forcing is to check that the adoption decisions

have often gone on to depend more on the practices of promotion and marketing of the

school textbooks, than from the formation of reasoned judgements about their quality or

their correspondence to the educational project of the school. It became thus possible that

unsuitable manuals were adopted by schools, without anyone going for it

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held accountable.

The retrenchment of the state's regulatory intervention has also led to the reproduction of

very unreasonable forms of use of textbooks. The manuals have become

disposable objects, because effectively impossible to reuse, but to the same

expensive time. The acquisition of school textbooks has thus become the case

mainly from the 2. cycle of basic education, a significant burden for the

families, in particular for those of smaller resources. The financial comparticipation of the

State and local authorities, while alleviating that burden, does not always have

allowed to fully resolve this situation.

It has therefore formed in Portuguese society the awareness of the need for a

state intervention, both through the strengthening of social action and through the

introduction of mechanisms that effectively ensure their quality of textbooks

school. By proposing to the Assembly of the Republic the approval of a new regime of

adoption, evaluation and certification of textbooks, the Government responds as to a

socially recognized imperative, promoting the qualitative standards and the

stability in the education system. Thus, the state will assume the responsibilities that

fit you, by exercising a regulatory function that you should have never abandoned.

The introduction of a procedure for the evaluation and certification of school textbooks in the

framework of the regulation of the respective adoption process will necessarily have to meet

to a set of issues that relate to ethical, civic and pedagogical values,

and consider a plurality of interests and perspectives, namely of the students and the

families, schools, teachers, authors and publishers. However, it must take care

before more of the pursuit of public interest.

The law will therefore fit to define it-in the scrupulous respect for freedom of creation and

edition, and for the autonomy of schools and lecturers, to which neither the Government nor the

administration if they can replace-the guiding principles and establish the

normative parameters and the procedural rules that ensure compliance of the

textbooks with the objectives and contents of the programmes or guidelines

curricular in force, promote the elevation of their scientific-pedagogical level and the

same time provide families with less expensive forms of use.

In the present circumstances, the most appropriate response to the problems identified is the

introduction of an evaluation and certification device of the quality of textbooks

school, to be carried out by expert committees and reliefs for the purposes of their adoption

formal by the schools. It is a regime that, although not widespread, finds itself

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well established in educational systems of different European and American countries of

whose good practices will certainly be possible to benefit. With the change of the

legal framework of the procedure of the adoption of the textbooks will be set up

conditions for the effective exercise of the autonomy of the lecturers, in the framework of the organs of

pedagogical coordination of their educational establishments, allowing them to

selection of among the certified school textbooks of those who best adeqúem to the

respective educational projects.

The policy of school textbooks cannot also fail to guide itself by criteria of

social equity, specifically with regard to the access and conditions of its

use by the students. In that sense, and in the framework of the promotion of stability

in the education system, the normal term of the adoption of textbooks

will be extended to six years, providing this way to the families forms of

more rational use. Social equity will also be guaranteed by the strengthening of the

socio-economic support to which they are entitled to households or students

economically deprived, as well as by the agreed price regime,

now extended to other teaching resources-pedagogics and secondary education, and by

complimentary adoption of flexible manual loan modalities by the

schools. With this proposed law, the Government moves away, however, from conceptions that

accept that textbooks are a disposable article, searching before

requalify them, as an educational tool-without however forgetting the contribution of the

auxiliary books, reference works and new didactic resources in support

multimedia, the use of which should be promoted-but also as a resource

cultural essential for many children and young people that our society still does not

managed to make access to other cultural assets.

In the wake of this legislative initiative, submitted to the broad public consultation, the

Government commits to approve the instruments of the respective regulations

immediately after its publication.

Thus:

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

Assembly of the Republica the following proposed law:

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Chapter I

General provisions

Article 1.

Subject

This Law defines the regime for adoption, evaluation and certification of textbooks

school of elementary and junior high school, as well as the principles and objectives

the one that should obey the socio-educational support regarding the acquisition and loan of

textbooks.

Article 2.

Guiding principles

1-The regime of adoption, evaluation and certification of school textbooks is based on the

following guiding principles:

a) Freedom and scientific and pedagogical autonomy in the design and elaboration of the

textbooks;

b) Freedom and autonomy of educational agents, morally the lecturers, in the

choice and the use of textbooks in the context of the project

educational of the school or the grouping of schools;

c) Freedom of market and competition in the production, editing and distribution of

textbooks;

d) Scientific-pedagogical quality of textbooks and their compliance

with the objectives and contents of the national curriculum and programmes and

curricular guidelines;

e) Equity and equal opportunities in access to resources

didactic-pedagogical.

2-The role of the State in pursuing the principles set out in the preceding paragraph

concretizes itself on the following lines of performance:

a) Definition of the formal adoption regime of school textbooks by schools and

groupings of schools;

b) Definition of the evaluation and certification scheme of textbooks for

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effects of their formal adoption by schools and groupings of schools;

c) Promotion of the scientific-pedagogical quality of textbooks and the

too much didactic-pedagogical resources;

d) Promotion of the stability of study programmes and tools

corresponding didactics;

e) Support for the acquisition and use of textbooks;

f) Training of lecturers and educational decision-makers in evaluation of textbooks

school.

Article 3.

Concepts

For the purposes of this Act, it shall be understood by:

a) "Programme", the set of curricular guidelines, subject to approval in the

terms of the law, specific to a given discipline or curricular area

discipline definers of a pathway to achieve a set of

apprenticeship and skills defined in the national curriculum of education

basic or in the national curriculum of secondary school;

b) "Other teaching resources-pedagogical resources", the resources of support for the action of the

teacher and the achievement of learners of the students, regardless of the

form of which they review themselves, of the support in which they are made available and the ends

for which they were designed, presented in an unambiguously autonomous manner

in relation to textbooks;

c) "School textbook", the relevant teaching resource-relevant pedagogical, yet not

exclusive, of the process of teaching and learning, designed by year or cycle,

of support for the autonomous work of the student that aims to contribute to the

development of the skills and apprenticesups defined in the curriculum

national for elementary and junior high school, presenting

information corresponding to the nuclear contents of the programmes in force,

as well as proposals for didactic activities and evaluation of the

apprenticesments, and may include work orientations for the teacher.

Article 4.

School programs

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1-Basic and junior high school programs vigorously apply for a period

minimum of six years.

2-In view of the elaboration, production and other procedures laid down in the

present law relating to textbooks and other resources

didactics-pedagogics, the programmes of each of the disciplines and areas

disciplinary curriculars are released up to twenty months before the beginning of the year

lective to which they concern.

3-In cases where scientific knowledge evolves in a speedy manner or the content

of the programs proves to be lagged relatively to scientific knowledge

generalizedly accepted, may the term of term for the program of the discipline

affected to be fixed in a shorter period or be determined to review the

program, upon dispatch from the Minister of Education.

Article 5.

Elaboration, production and distribution

1-A The initiative of the elaboration, production and distribution of textbooks and other

didactic-pedagogical resources belongs to the authors, the editors or the other

institutions legally enabled for the purpose.

2-In the absence of editorial initiatives that ensure the satisfaction of demand, it competes

to the State to promote or provide for the elaboration, production and distribution of

textbooks or other teaching resources-pedagogical.

Article 6.

Responsibility for the provision of school textbooks

1-The editors of the school textbooks adopted are responsible, during the whole

period of the adoption, by the supply of the market in good time,

responding equally for the damage that the delay, suspension or interruption

unjustified cause to the regular functioning of the academic year.

2-A The measure of responsibility referred to in the preceding paragraph shall be determined by the

expenditure in which the State, schools and school groupings or pupils

hajam from incurring the achievement of other teaching resources-pedagogical.

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3-It is not considered justifiable justification for suspension or interruption of the

supply of the market any factor that releases the relationships between the authors and

the editors, specifically any emerging litigation of copyright.

Chapter II

Adoption, evaluation and certification of textbooks

Section I

General provisions

Article 7.

General objectives

1-It is the aim of the procedure for adopting school textbooks to ensure access for

all students, under conditions of equity, to a didactic-pedagogical resource, without

exclusion of others, which is especially suitable for the development of the

skills and apprenticesof the national curriculum in the socio-educational context

specific to the school.

2-Are objectives of the procedure for evaluation and certification of textbooks

guarantee the scientific and pedagogical quality of the manuals to be adopted, ensure its

compliance with the objectives and contents of the national curriculum and programmes

or curricular guidelines in force and attest that constitute appropriate instrument

of support for teaching and learning and the promotion of educational success.

Article 8.

Actors and organisation

1-In procedures for adoption, evaluation and certification of textbooks

intervenes the lecturers, within the framework of the coordinating bodies and educational guidance

of schools or groupings of schools, and the evaluation commissions.

2-The procedures for adoption, evaluation and certification develop in two

phases:

a) A phase of evaluation and certification of textbooks, the post of

evaluation commissions, which translates into the assignment of a certification of

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scientific-pedagogical quality;

b) A phase of evaluation and adoption, to be carried out by the lecturers in schools, having

in view the assessment of suitability of the textbooks certified to the project

respective educational.

3-The procedures to be adopted for the safeguarding of the public interest when, by

extraordinary circumstances, it is not possible to complete in good time the phase of

assessment and certification, are determined by decree-law.

Article 9.

Evaluation and certification of other teaching resources-pedagogical

The Government may determine assessment and certification procedures in respect of

other teaching resources-pedagogics that are set up suitable for the process of

teaching and learning, regardless of the type of support.

Section II

Evaluation and certification of textbooks

Article 10.

Commission of evaluation

1-The evaluation commissions have as a mission to carry out the assessment for certification

of textbooks, they dispose of scientific, technical and pedagogical autonomy and are

constituted by dispatch of the Minister of Education, on a proposal from the service of the

Ministry of Education responsible for pedagogical and curricular coordination.

2-The evaluation commissions organise themselves per cycle, per year of schooling, by

discipline, or by disciplinary curricular area and consist of a minimum of

three and a maximum of five experts of recognized competence integrating,

specifically:

a) Lecturers and researchers from the higher education of scientific areas and

pedagogical;

b) Lecturers of the discipline, in effective exercise of duties;

c) Members of societies or scientific and pedagogical associations of area

related to the assessment in question.

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3-Whenever it is warranted, the evaluation commissions can still be integrated with others

experts of recognized competence.

4-Where possible, the Ministry of Education will request the educational institutions

superior and scientific and pedagogical societies or associations the indication of the

experts who will integrate the commissions referred to in the previous figures.

5-Members of the evaluation committees may not be authors of textbooks

school or hold any direct or indirect interests in companies

publishers.

6-It is up to the service of the Ministry of Education responsible for coordination

pedagogical and curriculum ensuring technical and logistical support to the committees of

evaluation.

7-A evaluation for the certification can still be carried out by entities duly

accredited to the effect by the service of the Ministry of Education responsible for the

pedagogical and curricular coordination, in terms to be defined by decree-law.

Article 11.

Application for the award of quality certification

1-The procedure of the evaluation for the certification of textbooks initiates

with the setting, by the maximum service leader of the Ministry of Education

responsible for the pedagogical and curricular coordination, of a time limit, not less than

one month, for the submission of applications by the entities referred to in the n.

1 of Article 5 para.

2-The term of the deadline set in the preceding paragraph is in advance of at least

six months on the start of the process of adoption of manuals.

3-A Decision that determines the start of the evaluation procedure for certification

of the textbooks referred to in paragraph 1 is advertised in the site officer of the Ministry of the

Education.

4-They are conditions for admission of the application to the evaluation of textbooks for the

certification of scientific and pedagogical quality:

a) Have been expressly developed for the basic education and teaching

secondary;

b) Present statement regarding material characteristics specifically

as to the format, weight, robustness and size of the print characters;

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c) Be accompanied by the linguistic and scientific review attest well

how to comply with the standards of the international system of units and

of writing;

d) Have been made the payment of the set amount for the admission of the

application.

5-A Decision on acceptance of the application of textbooks for evaluation and of

certification is the competence of the maximum service manager of the Ministry of

Education responsible for pedagogical and curricular coordination

6-The evaluation process for certification, as a whole, obeys a timetable

with the maximum duration of 12 weeks, from the date of communication of

acceptance of the application.

Article 12.

Criteria for evaluation and decision of the committees

1-In the assessment for the certification of textbooks, the committees consider

mandatorily the following criteria:

a) Scientific, linguistic and conceptual rigor;

b) Suitability for the development of the competences defined in the curriculum

national;

c) Compliance with the objectives and content of the programmes or guidelines

curriculars in force;

d) Quality pedagogical and didactic quality, specifically with regard to the

method, the organisation, information and communication;

e) Balanced and non-discriminatory treatment of issues concerning the

citizenship and gender equality;

f) Possibility of reuse and appropriateness for the duration of the envisaged duration.

2-The evaluation committees also meet the social and cultural diversity of the

universe of students to which they are intended for textbooks as well as plurality

of educational projects of the schools.

3-The decisions of the evaluation commissions and the respective statement of reasons are listed

a final report which is the subject of written hearing of the candidates.

4-In the course of the evaluation process for certification, the evaluation commissions

may make a recommendation to change punctual aspects of the

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manuals.

Article 13.

Effects of evaluation

1-The result of the evaluation carried out by the evaluation committees expresses itself in a

mention Certificate or Not certified , being the subject of approval by the

maximum service leader of the Ministry of Education responsible for the

pedagogical and curricular coordination .

2-The editor or author whose handbook is the subject of certification may publish it by the

means to understand convenient, specifically by the affixing of that mention in the

cover or in the counter-cover of the manual.

Article 14.

Feature

1-Of the order of approval referred to in paragraph 1 of the preceding Article shall be appean

facultative hierarchical for the Minister of Education.

2-To form its decision on the resource provided for in the preceding paragraph, may the

Minister of Education to determine the reexamination of the report by the respective

evaluation commission or request opinions to other recognized experts

competence and idoneity.

Section III

Evaluation and adoption of textbooks

Article 15.

General principles

1-A The adoption of textbooks is the result of the process by which the school or the

cluster of schools assesses the suitability of certified textbooks, pursuant to the

n Article 13 (1), the respective educational project

2-A The adoption of school textbooks by schools and school groupings is from the

competence of the respective body of coordination and educational guidance, owing

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be duly substantiated and registered in assessment grills drawn up for

the effect by the service of the Ministry of Education responsible for the coordination

pedagogical and curricular.

3-The adoption process has the duration of four weeks, starting from the second

week of the third period of the academic year prior to the beginning of the textbooks

school.

4-A The adoption of the textbooks is done by the term of the programmes of the

basic and secondary education under Rule 4.

Article 16.

Decision for non-adoption

When it is deemed appropriate to the respective educational project, the organ of

coordination and educational guidance of schools and school groupings may not

proceed to the adoption of textbooks, and in this case, the

grounds of this decision in the service of the Ministry of Education responsible for the

pedagogical and curricular coordination.

Article 17.

Manuals for pupils with special educational needs of character

prolonged

In the process of adopting school textbooks aimed at pupils with needs

protracted special education compulsorily intercomes the teachers

of special education, being taken into consideration the existence of available textbooks

in adapted format, suitable for the students concerned.

Article 18.

Amendments to the list of school textbooks adopted

After the disclosure of the adoption decision and its insertion into the database of

school textbooks of the Ministry of Education are not allowed changes to the lists of

school textbooks adopted, unless recognized need proven by the service

of the Ministry of Education responsible for the pedagogical and curricular coordination.

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Article 19.

Procedures for adoption and dissemination

The remaining procedures for the adoption and dissemination of the adoption of the textbooks

schools to be followed by schools and school groupings are defined by

would pore from the Minister of Education.

Section IV

From the promotion of textbooks and other teaching resources-pedagogical

Article 20.

General principles

1-The activities of promotion, direct or indirect, of textbooks and of others

didactic-pedagogical resources within the educational establishments have the

length of two weeks, it may not go beyond the end of the first week of the

third period of the school year prior to the beginning of the term of adoption

of textbooks .

2-The governing bodies of schools and school groupings guarantee the

transparency and the publicity of school textbook promotion activities that

take place in their interior and ensure effective equality of access between all the

promoters.

3-Promotion activities of textbooks and other resources

didactics-pedagogics, to be carried out in the terms of the previous figures, are directed

to the competent body for its adoption, any activity being prohibited

promotional directed at teachers likely to condition the decision to

adoption, specifically to include the provision of school textbooks as well as

any other didactic-pedagogical resources.

Article 21.

Incompatibility of promotion activities

It is vetted to any lecturer, employee, agent or holder of any other

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labour link to the Ministry of Education, the development of activities of

promotion of textbooks and other teaching resources-pedagogical within

of the enclosure of the educational establishments.

Chapter III

Price of textbooks and other teaching resources-pedagogical

Article 22.

Principles

The price of textbooks and other teaching resources-pedagogics for teaching

basic and for secondary education meets the interests of families and publishers and

is based on the principles of freedom of editing, on the one hand, and of social equity, by

another, having present the specific nature of the public good they represent and the

imperative to provide citizens with a high level of education.

Article 23.

Regime of the price of textbooks and other teaching resources-pedagogical

1-The prices of textbooks and other teaching resources-pedagogics are

subject to the agreed pricing scheme, to be fixed by joint porterie of the

Ministers of Economics and Innovation and Education.

2-The maximum prices of textbooks and other resources

didactics-pedagogics can still be fixed by joint ministers of the Ministers

of Economics and Innovation and Education, in the following cases:

a) Absence at an absolute of convention;

b) Celebration of convention that does not cover all editors.

3-In cases of the a) of the preceding paragraph, the price is fixed by having particular

in consideration of the level of prices of textbooks and the evolution of the index of

prices in the consumer.

4-In cases of the b) of paragraph 2, the prices to be fixed are those persuited.

Article 24.

Indication of the price

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1-School textbooks and other teaching resources-pedagogics must contain, in the

cover or in the contraception, the indication of the selling price to the public, expressed in

euro, specifying that includes VAT.

2-Each school textbook or other didactic-pedagogical resource contains a single

indication of selling price to the public, which has a maximum character, not

may by any form be altered or replaced.

Chapter IV

Monitoring and evaluation

Article 25.

Monitoring and Evaluation Council of School Manuals

1-For follow-up of all subjects concerning textbooks,

in particular of the system of adoption, evaluation and certification regulated by the

this Act, the Council for Monitoring and Evaluation of the

Textbooks.

2-The Council shall constitute as a committee specialized within the Council

National of Education.

3-Integrate the Council representatives of the Ministry of Education, the Ministry of Education

Economy and Innovation, of the Presidency of the Council of Ministers through the

body of the Public Administration in charge of the promotion of citizenship and the

gender equality, from the National Association of Portuguese Municipalities, das

associations of parents and in charge of education, of the associations of editors, of the

associations and scientific societies and pedagogical associations.

4-The members of the Council for Monitoring and Evaluation of School Manuals

are appointed by dispatching from the Minister of Education.

Article 26.

Health

1-The Council for Monitoring and Evaluation of School Manuals elabates the

respective regulation of operation.

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2-For the purpose of participation in the activities of the Monitoring Council and

Evaluation of School Manuals, its members are exempted from the activities

professionals, public or private, which are equated with effective service for

all legal effects.

3-Of the meetings of this Council are drawn up minutes.

Chapter V

School social action

Article 27.

Principles

The school social action is aimed at the realization of the principle of equity and the

promotion of equal opportunities in access to teaching resources-pedagogical

and in the conditions of success of the students.

Article 28.

Economic supports for the acquisition of textbooks and other resources

didactic-pedagogical

1-A School social action concretizes itself by means of various forms of intervention in the

sense of supporting families, particularly the most deprived, in accessing the

manuals and too many formally adopted resources.

2-The provisions relating to socio-economic supports for purchase of textbooks

school and other teaching resources-pedagogics appear in the diploma that

regulates school social action.

Article 29.

Loan of textbooks

Within the framework of their autonomy and in the framework of the corresponding educational projects, the

schools and school groupings can create loan modalities of

textbooks according to principles and rules to be regulated.

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Chapter VI

Sanctionatory regime

Article 30.

Illicit of mere social ordering

1-Constituent counterordinance punishable with fine of € 500 a € 2000 a violation of the

constant prohibition of Article 21.

2-Constituent counterordinance punishable with fine of € 2500 a € 22000:

a) Failure to comply with the commitments arising from the statements made

in the context of the application process for the evaluation of textbooks

provided for in paragraph b) of Article 11 (4);

b) The falsity at the attest of linguistic and scientific review, in the terms

provided for in paragraph c) of Article 11 (4).

3-Constituent counterordinance punishable with fine of € 5000 a € 44000:

a) The non-indication of the selling price to the public on the cover or on the contraception of the

textbooks or other teaching resources-pedagogical;

b) The replacement, alteration or violation of the maximum character of the selling price to the

public indicated in each school textbook or other didactic resource-

pedagogical.

c) The activities of promotion, direct or indirect, of textbooks and of

other teaching resources-pedagogical, within the educational establishments,

that lingers for more than two weeks or that occur after the end of the

first week of the third period of the school year prior to the start of the

effective period of the adoption of the textbooks;

d) Any promotional activity directed at teacher individually

considered and likely to condition the decision to adopt.

4-A negligence and the attempt are punishable by being the amounts of the imposed fines

reduced to half.

Article 31.

Statement of procedures

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1-A instruction of counter-ordinance procedures relating to the planned offences

in paragraphs 1 and 2 and in the paragraphs c) and d) of paragraph 3 of the preceding Article shall be up to the Inspectorate-General

of Education.

2-A instruction of counter-ordinance procedures relating to the planned offences

in the points a) and b) of paragraph 3 of the preceding Article shall be up to the Security Authority

Food and Economic.

3-A The application of the fines provided for in this Law shall compete:

a) To the Inspector General of Education with respect to the relative procedures

the offences provided for in paragraphs 1 and 2 and in the paragraphs c) and d) of the Article 3 (3)

previous;

b) To the Commission on the Application of Fines In Economic and Advertising Matters,

with respect to the procedures relating to the offences set out in the sub-

a) and b) of paragraph 3 of the previous article.

Article 32.

Product of the fines

The product of the fines imposed under the provisions of this Act reverses in:

a) 60% for the State;

b) 20% for the Directorate General for Innovation and Curricular Development;

c) 20% for the service that instruct the process.

Article 33.

Disciplinary sanctions

Violation of the constant prohibition of Article 21 is a serious violation of the

duties of exemption and loyalty.

Chapter VII

Final and transitional provisions

Article 34.

Evaluation of books already adopted

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1-Until all the manuals adopted have been the subject of evaluation and

certification, may, by order of the Minister of Education, be determined to

assessment of books already adopted and in use referring to any year of

schooling and discipline or disciplinary curricular area.

2-A evaluation of manuals already adopted, to be carried out by entities identical to those described

in Article 10, it is aimed at verifying the compliance of such manuals

with respective programmes as well as assessing rigour and scientific quality and

pedagogical of its contents.

3-A The assessment provided for in the previous figures expresses qualitatively in a

mention Favorable or Unfavorable.

4-In the event of an unfavourable assessment, the service of the Ministry of Education

responsible for the pedagogical and curricular coordination will develop, in terms of

regulatory, the procedures leading to the correction by the publishers of the

deficiencies found and, in the event of non-introduction of such corrections,

will determine the expiry of the adoption of the manual.

Article 35.

Timetable of adoptions

The timetable for adoptions in force may be changed, upon dispatch by the Minister

of Education, in the sense of extending the term of the adoption of textbooks, since

which assessed under the previous article, with a view to regularizing in time the

procedure for the adoption of textbooks.

Article 36.

Exceptions to the scheme for adoption, evaluation and certification of textbooks

The disciplines or disciplinary curricular areas in which there is no place for formal adoption

of textbooks or in which this has a merely optional character, well

like those in which textbooks and other teaching resources-pedagogical do not

are subject to the evaluation and certification scheme of school textbooks are defined

by decree-law.

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Article 37.

Social action

To deprived families must be assured of free of charge of textbooks and

other teaching resources-pedagogical formally adopted for the basic education in the

maximum term of three years after the publication of this Law.

Article 38.

Abrogation standard

They are revoked:

a) Decree-Law No 369/90 of November 26;

b) Portaria No. 186/91 of March 4, in the wording given by Portaria No 724/91,

of July 24.

Seen and approved in Council of Ministers of April 13, 2006

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs