First Amendment To Act No. 30/2002, Of 20 December, Which Approves The Statute Of The Student Of Basic And Secondary Education

Original Language Title: Primeira alteração à Lei nº 30/2002, de 20 de Dezembro, que aprova o Estatuto do Aluno dos Ensinos Básico e Secundário

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445304d4331594c6d527659773d3d&fich=ppl140-X.doc&Inline=false

1 PROPOSAL of law No. 140/X explanatory statement the problem of indiscipline and incivility, today in many schools, the quality of the pedagogical relationship between teachers and students and prevents the development of work and study, affecting the regular learning process. On the other hand, the indiscipline engenders a social environment with negative repercussions for the future of the students as professionals and citizens. In short, the indiscipline appears as an obstacle to the affirmation of the school as an institution of the values of knowledge and diffusion of knowledge, citizenship, participation and accountability. The student's education Status not exceeding, currently in force, was approved by law No. 30/2002 of 20 December. The experience of your application over the past four years, has shown that, in many respects, does not value the role of teachers, does not take into account the need for rapid action in the case of climate change, school work or contribute effectively to the development of a culture of responsibility of students and parents. Thus, the necessary amendments now proposed, are oriented and principles and clouds made as stated.

One of the principles is the clear distinction between corrective and preventive measures and penalty measures. Remedial measures should be understood as an integral part of the teaching process, continuing educational purposes, dissuasive and integration and, therefore, a punitive character. For this reason must be an integral part of the exercise of educational authority in educational activities. 2 Such measures may set up obligatory fulfilment of tasks or activities of integration, the output order of the classroom, the inhibition of participation in extracurricular activities or access to spaces and conditioning equipment, or the change of class. On the contrary, the penalty measures aim, in addition to the educational and pedagogical aspects, the punishment and the curtailment of any more serious behaviors, or repeat offenders, unacceptable in the school space. Such measures may configure the reprimand, the temporary suspension of the frequency, the school transfer and expulsion. Strengthens the authority of teachers and schools, transferring greater decision-making power to teachers and headmasters of schools. Expands the range of measures which may be applied with autonomy of evaluation and decision on the part of the teachers and school management, under which the schools define in your rules of procedure.

Will be the responsibility of the Executive Councils of schools the final decision on all disciplinary measures, with the exception of transfer or expulsion from school, which should also involve the regional Education Directorates. Another of the principles is the simplification of formal procedures, procedural nature concerning the disciplinary penalty measures, without prejudice to the guarantees of the rights of defence of the students and information for carers. The application of corrective measures also will no longer obey the formal procedures, such as reducing the written and the opening of proceedings. Class councils meetings or extraordinary pedagogical advice in these cases does not deem necessary, having regard to the delay in the analysis process which this would imply. The only formality required will be to communicate to parents. Also dedicates, enhancing the responsibility of parents and guardians in monitoring the course of their school pupils, in particular, in situations of non-compliance with the duty of diligence, reaffirmed by the student, during compulsory schooling. 3 Finally, improves and expands the information to be provided by schools to parents, in particular, about the lack of attendance or disciplinary or corrective measures applied. The audition should be promoted from the National Confederation of parents ' Associations. 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 law No. 30/2002, of 20 December 1-articles 1, 2, 5, 6, 9, 10, 11, 14 to 28, 43, 47 to 52, 54 and 55 of law No. 30/2002 , of 20 December, shall be replaced by the following: ' article 1 [...]

This law approves the student's Status of Basic and secondary education, hereinafter referred to as the staff regulations, the development of norms of the law of the education system, law No. 46/86 of 14 October, concerning the Administration and school management.

Article 2 [...]

The Statute goes on to the General principles and the Portuguese educational system, organisational as are laid down in articles 2 and 3 of the law of the education system, promoting, in particular, the attendance, the integration of students in the educational community and at school, the fulfilment of compulsory education, your civics and moral education and school success and the effective acquisition of knowledge and skills. 4 Article 5 [...]

1 - […]. 2-the class supervisor or, in the case of students in the first cycle of basic education, the professor, as coordinator of the work plan of the group, is particularly responsible for the adoption of measures for improvement of learning and the promotion of a good educational environment, competing you articulate the involvement of teachers in the class and their parents and guardians and collaborate with these in order to prevent and solve behavioral problems or learning disabilities.

Article 6 [...]

1 - […]. 2-under the responsibility referred to in the preceding paragraph, must each of parents and carers, in particular: a) [...]; b) […]; c) Arrange for the educating your benefit fact of their rights and comply strictly with the obligations imposed, with emphasis on the duties of attendance, school behavior and proper engagement in the learning process; d) […]; e) […]; f) […]; g) contribute to the proper establishment of the facts in disciplinary nature established procedure to your learner and, being applied to this disciplinary measure sanctioning, arrange for that same 5 continue the objectives of strengthening your civics, the balanced development of your personality, your ability to relate to others, your full integration in the educational community and your sense of responsibility; h) […]; i) […]; j) […]; k) […].

Article 9 [...]

The rules of discipline of the school, in addition to its own effects, should provide the assumption, for all who are part of the life of the school, the rules of coexistence which ensure the achievement of the objectives of the educational project, the harmony of relations and social integration, the full physical, intellectual, moral and civic and the preservation of the safety of these and also the professional and personal achievement of academic and non-academic staff.

Article 10 [...]

Before a situation of danger to the health, safety or the learner's education less, should the Executive Board or the principal of the school work to put an end, by strictly necessary and appropriate and always preserving the intimacy of private life and of your family, and may request the cooperation of the public, private or authorities competent, in particular, solidarity of the Safe School the Committee for the protection of children and young people or the representative of the public prosecutor at the court competent for minors. 6 article 11 [...]

The Act of registration, in accordance with the legal provisions that regulate, confers the status of pupil, which, in addition to the rights and duties enshrined in this law, it also integrates those covered in the rules of procedure of the school.

Article 14 [...]

1 - […]. 2-the Deputy and the Deputy of class have the right to request meetings of the group with its director of class or with the professor of class for consideration of matters related to the operation of the group, without prejudice to the fulfilment of teaching activities. 3-on the initiative of students or by your own initiative, the director of class or professor of class can request the participation of the representatives of the parents and guardians of the students in the class at the meeting referred to in the preceding paragraph.

Article 15 [...]

The student has a duty, without prejudice to the provisions of article 7 and the other duties laid down in the rules of procedure of the school: a) [...]; b) Be assiduous, punctual and committed in the performance of all their duties within the framework of school activities; 7 c) [...]; d) […]; e) […]; f) […]; g) […]; h) […]; i) […]; j) […]; k) […]; l) […]; m) […]; n) […]; o) […]; p) […]; q) does not carry any materials, technological equipment, instruments or devices which, objectively, disturb the normal operation of the teaching activities, or may cause physical or moral damage to the students or to third parties; r) [Repealed].

Article 16 [...]


1-the student's personal file will accompany you throughout your journey, being returned to his parents or guardian or, if a minor, the student, at the end of compulsory education, or, if not verifying interruption in pursuit of studies, at the conclusion of the high school. 2-are recorded in the personal file of the student relevant information of your educational path, in particular those relating to meritorious behaviour and the disciplinary penalty imposed measures and their effects. 8 3-[Repealed]. 4 - […].

Article 17 [...]

1 - […]. 2 - […]. 3-the duty of attendance implies for the student wants a presence in the classroom and other places where to develop the school work, whether an attitude of intellectual commitment and appropriate behavior, according to your age, the teaching and learning process. 4-lack is the absence of the pupil to a school or other activity compulsory or optional frequency if there was place the inscription, with registration thereof in the book, or frequency, by professor, or other appropriate administrative brackets, by the director. 5-Ongoing classes in consecutive days, there are so many fouls, how many times the student's absence. 6-the procedure with a view to justification of faults resulting from the fact that the student does not attach the materials required at school activities and their effects of the possible understatement, are defined by the rules of procedure of the school.

Article 18 [...]

Justified absences are those given for the following reasons: a) [...]; b) […]; c) […]; d) […]; 9 e) [...]; f) sickness the household member, where, arguably, such assistance cannot be provided by any other person, on terms to be laid down in its rules of procedure; g) […]; h) […]; i) […]; j) […]; l) another fact detracts from the presence in school, since, arguably, is not attributable to the student that is rightfully considered of consideration by the director of class or by the professor of the class.

Article 19 [...]

1-the application for a absences justification is submitted in writing by the parents or guardian or, when the student is over 18, by himself, to the director of class or professor in class, indicating the day, hour and teaching activity in that failure occurred, referencing the reasons justifying the report card for elementary student , or in printed own, secondary school student. 2-[Repealed]. 3-[Repealed]. 4-the class supervisor, or the professor in class, must ask, the parents or guardian, or the student, when larger, additional paperwork to understand the justification required lack and, also, any entity that is contacted for this purpose, cooperate in the discovery of truth. 10 5-justification of the failure must be presented previously, the reason being predictable, or, in all other cases, to the fifth working day following the verification of same. 6-[Repealed].

Article 20 [...]

The faults are considered unjustified when for them has not been presented, or when the justification has been behind schedule, or has not been accepted, and such understatement, duly substantiated, be communicated within five working days, to the parents or guardian or, where legal, to the student, by the director of class or by the professor of the class.

Article 21 [...]

1 - […]. 2-When is reached one third of unjustified absences, the school informs its parent through which it considers most appropriate. 3-When are reached two thirds of unjustified absences, parents and carers or, when of age, the student, are summoned, by the most expeditious, the director of class or by the professor of the class, with the aim to draw attention to the consequences of the situation and to find a solution to ensure the effective enforcement of the duty of attendance.

11 article 22 effects of unjustified absences 1-in the situations referred to in paragraphs 2 and 3 of article 21, the school should promote the application of the measure or corrective measures provided for in article 26 deemed suitable, considering also what is contemplated in the rules of procedure. 2-Exceeded the limit of unjustified absences and without prejudice to the provisions of the preceding paragraph, the student must perform a proof of equivalence of the frequency, in the discipline or disciplines in which exceeded that limit, the pedagogical Council is to establish the terms of that achievement. 3-when the student does not obtain approval on the proof referred to in the preceding paragraph, is in one of the situations referred to in points (a) following, unless otherwise decided by the pedagogical Council, preceding Council opinion and considering the results obtained in all the disciplines and the effects of the measures referred to in paragraph 1: a) retention of the student who is inserted within the framework of compulsory education or attending basic education , which consists of your maintenance, in the next school year, in the same grade level who frequents; b) exclusion of student who is out of compulsory education, which is the impossibility of this student attending, by the end of the school year in progress, discipline or disciplines for which no approval on such proof. 4-With the approval of the student in the proof referred to in paragraph 2, the same resumes your normal school route, without prejudice of what is to be decided by the school, in administrative terms, with regard to the number of fouls considered unjustified.

12 article 23 qualifying the offence to breach by the student of any of the duties referred to in article 15 or in the rules of procedure of the school, in terms that are disturbing the normal functioning of the activities of the school or of relations within the educational community, constitutes infringement, subject to the application of disciplinary punishment or remedy, in accordance with the following articles.

Article 24 Purposes of corrective measures and disciplinary penalty of 1-All remedial measures and disciplinary penalty measures are continuing pedagogical purposes, preventive, dissuasive and integration, in a sustained manner, compliance with the duties of the student, the preservation of the recognition of authority and security of teachers in exercising your professional activity and in accordance with his duties, the rest of the staff , in order to still the normal continuation of the activities of the school, the correction of the disruptive behavior and the strengthening of civic education of the student, for the balanced development of your personality, your ability to relate to others, your full integration in the educational community, your sense of responsibility and of their learning. 2-The disciplinary penalty measures, taking into account the special importance of the obligation breached and gravity of the offence committed, continues also, in addition to the identified in the preceding paragraph, punitive purposes. 3-corrective measures and disciplinary penalties applicable, measures should be implemented in coherence with the student's educational needs and the objectives of your education and training, in the context, as much as possible, the development of the work plan of the Group and of the educational project of the school, and 13 under its rules of procedure. 4-[Repealed].

Article 25 [...]

1-in determining the remedy or disciplinary measure applicable penalty must be taken into consideration, the severity of the breach of the obligation breached, the student's age, the degree of guilt, your previous school utilization, family and social medium in which it is inserted, their disciplinary background and all the other circumstances in which the offence was committed that your favor or against militem. 2-[Repealed]. 3-[Repealed].

Article 26 remedial Measures


1-corrective measures pursuing the objectives referred to in paragraph 1 of article 24, assuming a highly precautionary nature. 2-Are corrective measures, without prejudice to any other that, following the provisions of the preceding paragraph, may be included in the rules of procedure of the school: the) [Repealed]; b) [...] c) the tasks and activities of school integration, and may, for that purpose, be increased the period of stay mandatory, daily or weekly, the student at school; d) inhibition of access to extracurricular activities; and) access to certain conditioning in school spaces, or on the use of certain materials and equipment, without prejudice to those 14 find assigned to teaching activities. f) the change of class. 3-outside the classroom, any teacher or employee, is competent to advise the student, confronting him verbally with the disruptive behavior of the normal functioning of the activities of the school or of relations within the educational community, alerting you that should prevent such conduct. 4-the application of the remedy of the output order of the classroom, is the exclusive competence of the respective teacher and implies the permanence of the pupil at school, competing one, determine the period of time during which the student must remain outside the classroom, where application of such remedy involves whether or not the student lacks marking and which activities If appropriate, the student should develop during that period of time. 5-the implementation, and subsequent implementation, of the corrective measures provided for in points (a) to (d)) and e) of paragraph 2, may not exceed the period of time corresponding to an academic year. 6-it is up to the school, under the rules of procedure, identify the activities, location and time period during which the same occur and define the powers and procedures to be followed with a view to the implementation and subsequent implementation, of the remedy prescribed in subparagraph (c)) of paragraph 2. 7-do also to the preceding paragraph, mutatis mutandis, the application and subsequent corrective measures provided for in points (a) to (d)), and) and f) of paragraph 2. 8-the application of corrective measures provided for in (c)), d), and) and f) of paragraph 2 is communicated to the parents or the guardian, in the case of underage student.

15 article 27 [...]

1-disciplinary penalty measures reflect a disciplinary censure of the student behavior, and the occurrence of the facts on which such behavior translates, be reported, by the teacher or employee that witnessed or had knowledge immediately to the director, for the purposes of the subsequent communication to the President of the Executive Board or to the principal of the school. 2-way of sanctions: disciplinary measures) [Repealed]; b) […]; c) the suspension of the school until 10 business days; d) the transfer of school; e) […]. 3-the application of disciplinary measure rebuking penalty registered within the jurisdiction of the respective teacher, when the offence is committed in the classroom, or the President of the Executive Board or the director, in other situations, taking in the respective student's personal file, the ID of the author of the decision-making Act, the date on which it was delivered and the reasons of fact and law that has guided this decision. 4-the decision to apply the disciplinary measure of suspension penalty from school until 10 business days, is preceded by the hearing on auto the student in question, which are set in concrete and accurate terms, the facts imputed to him, the duties for he violated and express reference, not only of the possibility to express its views in respect of those facts, as elaborate defence , being responsible for your application the Chairman of the Executive Board or the principal of the school, which may previously listen to the Council. 5-it is up to the school, ears, when possible, the parents or guardian of the pupil, when minor, fix the terms and conditions under which the 16 application of disciplinary punishment measure referred to in the previous paragraph will be performed, and may also, if it sees fit, and to that end, establish any partnerships or celebrate protocols or agreements with public or private entities. 6-the effects of given by the student during the execution of the sentence of suspension from school until 10 business days, with regard in particular to your attendance and evaluation, are determined by the school. 7-the application of the disciplinary measure of school transfer penalty refers to the practice of facts notoriously impede continuation of the teaching-learning process of other students from the school, or the normal relationship with one or more of the members of the educational community. 8-the application of disciplinary punishment of expulsion measure, refers to intentional behaviour which, by your particular gravity or reiteration, definitively placing the continuity of the teaching-learning process and inherent permanence in school student, with direct effects on student retention grade level who frequents at the date of application of the sanction and deterrent to enroll your in this academic year, in any other public education institution, not recognizing the educational administration any effect of the frequency, for the same period, private or cooperative education institution. 9-for students who are covered by the compulsory education, the disciplinary penalty measure referred to in the preceding paragraph shall be replaced by the school transfer.

Article 28 [...]

1-the application of corrective measures provided for in paragraph 1 (b)) f) of paragraph 2 of article 26 may be added to each other. 2-the application of one or more of the remedies may be added only 17 with the imposition of a disciplinary penalty. 3-Notwithstanding the preceding paragraphs, for each infringement can only be applied to a disciplinary penalty.

Article 43 disciplinary Skills and procedure 1-Without prejudice to the provisions of paragraph 3 of article 27, in which jurisdiction is the professor of the class, the competence for disciplinary proceedings for conduct likely to configure the application of any of the disciplinary measures provided for in points (c) penalty), d) and (e)) of paragraph 2 of article 27 , is the President of the Executive Board or director, and the order instaurador be delivered within one business day, after the concrete knowledge and need of the situation. 2-the application of disciplinary measures school transfer and penalty of expulsion is the responsibility of the Regional Director of Education, observing, in procedural terms, in situations that, in the abstract, can justify that application, the rules given in the following paragraphs. 3-the roles of instructor, the teacher who is appointed for that purpose, prevail in relation to the other, and should the process be referred for decision of the Regional Director of education, within eight working days after the appointment of the instructor. 4-After the statement, in the course of which the evidence is reduced to writing, is elaborated the charge, where is so articulate and in concrete terms and accurate, the facts whose practice is attributed to the student, duly detailed in terms of time, manner and place and duties for he violated, with express reference to the relevant legal or regulatory regulatory , their background and disciplinary punishment disciplinary measure applicable. 18 5-The above accusation, is extracted and delivered to the student at the time of your notification, and this informed their parents or their guardian, when the student is under age. 6-for the purposes of the exercise of the right of defence, the student has two business days to plead in writing what is convenient and can add documents and call witnesses to a maximum of three, being the same, the day, time and location for the purposes of your hearing is designated by the instructor, the responsibility of the student, under penalty of not being heard. 7-after the phase of Defense is prepared a final report, which is the correct identification of the facts that had been charged to the student who consider themselves to be proven and the proposal of disciplinary penalty to be applied, or of dismissal, and the analysis and assessment of all the evidence collected to be made under article 25 8-once completed the process is delivered to the President of the Executive Board or to the director who shall convene the class Council to decide, when the disciplinary measure proposed penalty by the instructor is one of those referred to in paragraph 2.

Article 47 [...]


1-at the time of the initiation of the disciplinary procedure by decision of the established, or in the course of your education, on a proposal from the instructor, the student may be suspended pre-emptively the frequency of school, by reasoned order of the President of the Executive Council or by the director, if his presence in school proves to be seriously disturbing the arraignment or the normal functioning of the activities of the school. 2-the preventive suspension lasts that the President of the Executive Board or the director considers it appropriate in the particular situation, 19 may not be more than 10 business days, or continue beyond the date of the decision of the disciplinary procedure. 3-the effects of given by the student during the period of preventive suspension, with regard in particular to your attendance and evaluation, are determined on the basis of the final decision will be taken in the disciplinary procedure, under the terms established in the rules of procedure of the school.

Article 48 [...]

1-the final decision of the disciplinary procedure, stating the full reasons therefor, and may receive, for the purpose, the statement of reasons contained in the proposal of advanced instructor under referred to in paragraph 7 of article 43, is delivered within two business days, from the time when the competent authority to decide the receive, except in the situation referred to in paragraph 3:00 pm that this period is six business days , and the record of that decision the moment from which the execution of the sentence takes effect, or if, instead, this execution shall be suspended, in accordance with the following paragraph. 2-the execution of a disciplinary measure, with the exception of the penalty referred to in point (d)) of paragraph 2 of article 27, might be suspended for a period of time and on the terms and conditions under which the decision-maker considers fair, adequate and reasonable, getting senile as soon as the student to apply another disciplinary measure during this suspension penalty. 3-The decision of the respective Regional Education Director to apply the disciplinary measure of school transfer penalty, should also include the identification of the educational institution where the student will be transferred, for whose choice is prior to hearing from its parent, when the student is under age. 20 4-the final decision in the procedure shall be notified personally to the student on the working day following that on which it was issued, or, if a minor, their parents or their guardian, within five working days, by registered letter with acknowledgement of receipt, whenever it is not possible to perform through that way, in which case the notification made on the date of signature of the acknowledgement of receipt. 5-[Repealed].

Article 49 implementation of corrective measures or disciplinary penalties applicable 1-it is the director of class or professor of the class, the student's follow-up in the implementation of corrective or disciplinary penalty measure that subject, and that the joint action with your parents and carers and teachers back class, in function of the needs identified and to ensure the involvement of all stakeholders in the educational effects of the measure. 2-the jurisdiction referred to in the preceding paragraph is especially relevant when implementing the corrective measure of integration activities at school or at the time of the return to school of the student to whom a disciplinary measure was imposed the penalty of suspension from school. 3-the provisions of the preceding paragraph also applies when a student's integration in the new school to which he was transferred as a result of the application of this measure to discipline penalty. 4-in pursuit of the purposes referred to in paragraph 1, the school relies on the cooperation of the specialized educational and support services or integration teams to be defined in the rules of procedure.

21 Article 50 hierarchical Feature 1-the final decision of the disciplinary procedure hierarchical appeal under the general terms of law, the appeal within five working days. 2-tiered feature has no suspensive effect, except when brought to disciplinary measures decision on penalties applicable school transfer and expulsion from school. 3-[Repealed]. 4-[Repealed].

Article 51 [...]

Between the time of the initiation of the disciplinary procedure to your student and your conclusion, parents and carers should contribute for the proper establishment of the facts and being applied disciplinary measure, arrange for sanctioning the execution of the same proceed the objectives of strengthening the civic training of educating, for the balanced development of your personality, your ability to relate to others , the full integration in your educational community, your sense of responsibility and of their learning.

Article 52 [...]

1-Without prejudice to situations where these bylaws expressly refers to the rules of procedure of the school, this concerns the development of the provisions of this law and other legislation of statutory character and suitability to the reality of school rules of coexistence and conflict resolution in the educational community, in 22 States, including the rights and duties of students involved in the specificity of the school experience, the adoption of uniforms, the use of facilities and equipment, access to facilities and school spaces, recognition and appreciation of merit, dedication and effort on schoolwork, as well as the performance of meritorious actions in favour of the community in which the student is inserted or society in General , practiced at school or beyond, and should still be included in the rules of procedure the rules and procedures to be observed with regard to the delegation of powers provided for in this Statute, the President of the Executive Board or the director, the remaining members of the Board of directors or the Council. 2-[Repealed].

Article 54 [...]

1 - […]. 2-parents and carers must, at the time of registration, in accordance with article k) of paragraph 2 of article 6, knowing the school rules and subscribe, making subscribe also to their children and students, annual statement, in duplicate, and acceptance of active commitment as to your full compliance with.

Article 55 [...]

1-the application of disciplinary punishment or remedy provided for in this law, does not exempt the student and their legal representative of civil liability which, under the general terms of law, there is no place, without prejudice to the establishment of any criminal responsibility as might derive therefrom. 23 2-[Repealed]. 3-When the behavior of the student under the age of 16 years, which is likely to trigger the application of disciplinary penalty, if you can be at the same time as that crime must eligible school board communicate such fact to the Commission for the protection of children and young people or the representative of the public prosecutor at the court competent for minors, as the student has at the time of less than 12 or 16 years and 12, subject to appeal, for reasons of urgency, the police authorities. 4 - […].»

2-section II of chapter V of law No. 30/2002, December 20 is replaced by the following heading: ' corrective Measures and disciplinary penalty measures».

Article 2 Transitional Standard internal regulations of schools in effect on the date of commencement of validity of the amendments to the Statute of the Student operated by this law, shall be adapted to that it lays down, in accordance with the procedure laid down in article 6 of Decree-Law No. 115/98, of 4 May.

Article 3 application in the standard time changes to law No. 30/2002, of 20 December operated by this Act apply only to situations that occurred after your entry into force.

Article 4 Standard set (a) r are repealed) article 15, paragraph 3 of article 16, paragraphs 2, 3 and 6 of article 19, 24 paragraph 4 of article 24, paragraphs 2 and 3 of article 25, subparagraph (a)) of paragraph 2 of article 26, subparagraph (a)) of paragraph 2 of article 27 , articles 29 to 42, paragraph 5 of article 48, paragraphs 3 and 4 of article 50, paragraph 2 of article 52, paragraph 2 of article 55 and article 58 of Act No. 30/2002, of 20 December.

Article 5 Republication is republished, in the annex, which forms an integral part of this law, law No. 30/2002, of 20 December, with the current wording.

Seen and approved by the Council of Ministers of May 2007 10 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency 25 ANNEX (referred to in article 5) Student Status of Basic and secondary education chapter I content, objectives and scope article 1 Content this law approves the student's Status of Basic and secondary education , hereinafter referred to as the staff regulations, the development of norms of the law of the education system, law No. 46/86 of 14 October, concerning the Administration and school management.

Article 2 Objectives


The Statute goes on to the General principles and the Portuguese educational system, organisational as are laid down in articles 2 and 3 of the law of the education system, promoting, in particular, the attendance, the integration of students in the educational community and at school, the fulfilment of compulsory education, your civics and moral education and school success and the effective acquisition of knowledge and skills.

Article 3 scope of application 1-the status applies to students of basic and secondary education, including the special arrangements. 2-the provisions of the preceding paragraph shall not preclude the application to early education than the Statute envisaged regarding the responsibility and the role of the members of the educational community and 26 to experience in school. 3-the Statute applies to public education institutions, including their respective collations. 4-the principles that characterise the Statute apply to educational institutions private and cooperative networks, which must adapt its internal regulations.

CHAPTER II autonomy and responsibility article 4 Liability of the members of the educational community 1-Administration and management autonomy of schools and the creation and development of educational projects assumes the responsibility of all members of the educational community for the effective safeguard of the right to education and equal opportunities in the access to and success in school, by pursuing the objectives of such integral educational projects , including the socio-cultural integration, and the development of a culture of citizenship able to promote the values of the human person, democracy and the exercise of individual freedom. 2-While collective space effective safeguard of the right to education, the school is guaranteed not to change the subject to the pursuit of private interests, and your operation have priority character. 3-the educational community referred to in paragraph 1, without prejudice to the contributions of other entities, students, parents and carers, teachers, employees not teachers of schools, local authorities and the central Government and regional services with intervention in the area of education, in accordance with their respective responsibilities and powers.

27 Article 5 special paper 1 teachers-teachers, while primarily responsible for conducting the process of teaching and learning, should promote pedagogical measures that foster the harmonious development of education in classroom activities and in other activities of the school. 2-the class supervisor or, in the case of students in the first cycle of basic education, the professor, as coordinator of the work plan of the group, is particularly responsible for the adoption of measures for improvement of learning and the promotion of a good educational environment, competing you articulate the involvement of teachers in the class and their parents and guardians and collaborate with these in order to prevent and solve behavioral problems or learning disabilities.

Article 6 special role of parents and guardians 1-parents and guardians the responsibility, in addition to its legal obligations, a special responsibility, inherent in your power-duty of directing the education of their children and students, in the interest of these, and actively promote the physical, intellectual and moral development. 2-under the responsibility referred to in the preceding paragraph, must each of parents and carers, in particular: a) actively Monitor your student's school life; b) promote articulation between education in family and school education; c) Arrange for the educating your benefit fact of their rights and comply strictly with the obligations imposed, with emphasis on the duties of attendance, school behavior and proper engagement in the learning process; d) contribute to the creation and implementation of the educational project and internal regulation 28 of the school and participate in the life of the school; e) cooperate with teachers in your educational mission performance, in particular when it is requested for this purpose, collaborating in the process of teaching and learning of their students; f) contribute to the preservation of discipline of the school and to the harmony of the educational community, in particular when it is requested for this purpose; g) contribute to the proper establishment of the facts in disciplinary nature established procedure to your learner and, being applied to this disciplinary measure sanctioning, arrange for it to continue the aims of strengthening your civics, the balanced development of your personality, your ability to relate to others, your full integration in the educational community and your sense of responsibility; h) contribute to the preservation of the security and physical and moral integrity of all involved in the life of the school; I) Integrate the educational community in the performance of the other responsibilities of this, in particular informing, being informed and informing on all matters relevant to the educational process of their children; j) Attend at school whenever deems necessary and when to request; k) Meet the rules of procedure of the school and subscribe, making subscribe also to their children and students, annual declaration of acceptance and active commitment as to your full compliance with.

Article 7 responsibility of students students are responsible, in terms appropriate to your age and capacity of discernment, for the given component inherent in the rights granted in the framework of the educational system, as well as for contributing to ensure the other members of the educational community and the school the same rights as itself are conferred in particular 29 respecting actively the exercise by other students of the right to education.

Article 8 role of the non-teaching staff of the schools the non-teaching staff of the schools, in particular the officials who assist the educational action and technicians specialized educational support services, should collaborate in monitoring and integration of students in the educational community, encouraging respect for the rules of coexistence, promoting a good educational environment and contributing, in conjunction with faculty , parents and carers, to prevent and solve behavioral problems and learning disabilities.

Article 9 school Experience school discipline rules, in addition to its own effects, should provide the assumption, for all who are part of the life of the school, the rules of coexistence which ensure the achievement of the objectives of the educational project, the harmony of relations and social integration, the full physical, intellectual, moral and civic and the preservation of the safety of these and also the professional and personal achievement of academic and non-academic staff.

Article 10 participation of other entities Before situation of danger for the health, safety or the learner's education less, should the Executive Board or the principal of the school work to put an end, by strictly necessary and appropriate and always preserving the intimacy of private life and of your family, and may request the cooperation of public authorities , private or competent, in particular, solidarity of the school safe, 30 children and youth protection or the representative of the public prosecutor at the court competent for minors.

Article 11 Registration the Act of registration, in accordance with the legal provisions that regulate, confers the status of pupil, which, in addition to the rights and duties enshrined in this law, it also integrates those covered in the rules of procedure of the school.

CHAPTER III rights and duties of the student article 12 national Values and culture of citizenship in the development of national values and a culture of citizenship able to promote the values of the human person, democracy, responsible exercise of individual freedom and national identity, the student has the right and the duty to know and respect the values and actively the fundamental principles enshrined in the Constitution of the Portuguese Republic , the flag and the anthem, as national symbols, the Universal Declaration of human rights, the European Convention on human rights and the Convention on the rights of the child, while the array of values and principles of affirmation of humanity.

Article 13 rights of the student


The student has the right to: a) the teaching and quality education in accordance with the provisions in the law, in terms of effective equality of opportunity in access, in order to facilitate the completion of 31 successful learning; b) take advantage of the environment and educational project to provide the conditions for your full physical, intellectual, moral, civic and cultural, to the formation of your personality and your ability of self-learning and conscious criticism about the values, knowledge and aesthetics; c) View recognized and valued merit, dedication and effort at work and in school performance and be stimulated accordingly; d) recognition of the commitment to meritorious actions in favour of the community in which it is inserted or society in General, practiced at school or beyond, and be stimulated accordingly; and) enjoy a school hours for the year, as well as a balanced planning of the curriculum and extracurricular activities, particularly those that contribute to the cultural development of the community; f) benefit under the social welfare services, concrete support to enable it to overcome or compensate for the shortcomings of the type family, economic or socio-cultural that hamper access to the school or the learning process; g) benefit from other specific support required for your needs or your school learning, through psychology and guidance services or other educational support services; h) Be treated with respect and correction by any member of the educational community; I) View your school security safeguarded and respected the your physical and moral integrity; j) be assisted so ready and appropriate, in the event of an accident or sudden illness, held or expressed in the course of school activities; k) View guaranteed confidentiality of the elements and information contained in the personal file, your personal or family nature; l) Participate, through their representatives, in accordance with the law, in the organs of administration and management of the school, in the creation and implementation of their education, as well as 32 project on elaboration of the rules of procedure; m) to elect their representatives to the organs, offices and other functions of representation within the school, as well as being elected, in accordance with the law and the rules of procedure of the school; n) Present criticisms and suggestions concerning the running of the school and being listened to by the teachers, directors and administrative and management of the school in all matters that justifiably be of your interest; the) Organize and participate in initiatives that promote the training and occupation of leisure time; p) participate in the drafting of the rules of procedure of the school, to meet him and be informed, in terms appropriate to your age and year attended, on all matters that justifiably are your interest, in particular on the Organization of the curriculum or course, the program and objectives of each discipline or disciplinary area, and the processes and evaluation criteria as well as on registration, child benefit and socio-educational support, use and safety standards of materials and equipment and facilities, including the emergency plan, and, in General, on all activities and initiatives relating to the educational project of the school; q) Participate in other school activities, in accordance with the law and its rules of procedure.

Article 14 representation of students 1-students, who may meet in Assembly of students, are represented by the delegate or Deputy of its class and by the House of delegates, in accordance with the law and the rules of procedure of the school. 2-the Deputy and the Deputy of class have the right to request meetings of the group with its director of class or with the professor of class for consideration of matters related to the operation of the group, without prejudice to the fulfilment of teaching activities. 33 3-on the initiative of students or by your own initiative, the director of class or professor of class can request the participation of the representatives of the parents and guardians of the students in the class at the meeting referred to in the preceding paragraph.

Article 15 duties of the student the student must, without prejudice to the provisions of article 7 and the other duties laid down in the rules of procedure of the school: a) Study, engaging in your integral education and training; b) Be assiduous, punctual and committed in the performance of all their duties within the framework of school activities; c) follow the guidance of teachers regarding your teaching and learning process; d) Treat with respect and correcting any member of the educational community; and) loyalty to your teachers and colleagues; f) Respect the instructions of the teaching and non-teaching staff; g) contribute to the harmony of the school coexistence and the full integration into all school students; h) participate in educational or training activities developed at school, as well as other organizational activities requiring student participation; I) Respect the physical and moral integrity of all members of the educational community; j) Provide aid and assistance to other members of the educational community, according to the circumstances of danger to the physical and moral integrity; k) to ensure the preservation, conservation and cleanliness of premises, teaching materials, furniture and green spaces of the school, making use of the same; l) respect the property of all members of the educational community; m) Remain in school during your time unless written permission of 34 parent or School Board; n) take part in the election of their representatives and give them all the cooperation; the) Meet the standards of school services and the rules of procedure and to fulfil them on time; p) does not have and does not consume additives, in particular drugs, tobacco and alcohol, or promote any form of trafficking, facilitation and consumption; q) does not carry any materials, technological equipment, instruments or devices which, objectively, disturb the normal operation of the teaching activities, or may cause physical or moral damage to the students or to third parties; r) [Repealed].

Article 16 the student's personal file 1-the student's personal file will accompany you throughout your journey, being returned to his parents or guardian or, if a minor, the student, at the end of compulsory education, or, if not verifying interruption in pursuit of studies, at the conclusion of the high school. 2-are recorded in the personal file of the student relevant information of your educational path, in particular those relating to meritorious behaviour and the disciplinary penalty imposed measures and their effects. 3-[Repealed]. 4-the information contained in the student's personal file relating to disciplinary matters and personal and family nature are strictly confidential, and is linked to the duty of confidentiality all members of the educational community that they have access to.

CHAPTER IV the duty of attendance 35 article 17 frequency and attendance 1-beyond the duty of attendance of compulsory school, under the law, students are responsible for complying with the duty of attendance. 2-parents and guardians of underage students are responsible together with those for the fulfilment of the duties referred to in the preceding paragraph. 3-the duty of attendance implies for the student wants a presence in the classroom and other places where to develop the school work, whether an attitude of intellectual commitment and appropriate behavior, according to your age, the teaching and learning process. 4-lack is the absence of the pupil to a school or other activity compulsory or optional frequency if there was place the inscription, with registration thereof in the book, or frequency, by professor, or other appropriate administrative brackets, by the director. 5-Ongoing classes in consecutive days, there are so many fouls, how many times the student's absence. 6-the procedure with a view to justification of faults resulting from the fact that the student does not attach the materials required at school activities and their effects of the possible understatement, are defined by the rules of procedure of the school.

Article 18 Fouls justified


Justified absences are those given for the following reasons: a) the student's Illness, and this be declared by doctor determine offside exceeding five working days; b) Isolation rubber, determined by infectious contagious disease of person who coabite with the student, proven through the statement by the health authority 36; c) family's death during the period of absence justification family death provided for in the staff regulations for civil servants; d) birth of brother, during the day of the birth and immediately after; e) realization of outpatient treatment, because of illness or disability, which cannot take place outside the period of teaching activities; f) sickness the household member, where, arguably, such assistance cannot be provided by any other person, on terms to be laid down in its rules of procedure; g) Act resulting from the religion professed by the student, since the same cannot take place outside the period of tuition and activities corresponding to a practice commonly recognised as own of that religion; h) Participation in sporting or cultural events, evidence in accordance with the legislation in force; I) participation in associative activities in accordance with law; j) compliance with legal obligations; l) another fact detracts from the presence in school, since, arguably, is not attributable to the student that is rightfully considered of consideration by the director of class or by the professor of the class.

Article 19 1 fouls-justification justification absences request is made in writing by the parents or guardian or, when the student is over 18, by himself, to the director of class or professor in class, indicating the day, hour and teaching activity in that failure occurred, referencing the reasons justifying the same on report card in the case of primary school student, or in printed himself, in the case of secondary school student. 2-[Repealed]. 37 3-[Repealed]. 4-the class supervisor, or the professor in class, must ask, the parents or guardian, or the student, when larger, additional paperwork to understand the justification required lack and, also, any entity that is contacted for this purpose, cooperate in the discovery of truth. 5-the reasons for the shortage must be presented previously, the reason being predictable, or, in all other cases, to the fifth working day following the verification of same. 6-[Repealed].

Article 20 Fouls unjustified absences are considered unjustified when for them has not been presented, or when the justification has been behind schedule, or has not been accepted, and such understatement, duly substantiated, be communicated within five working days, to the parents or guardian or, where legal, to the student, by the director of class or by the professor of the class.

Article 21 unjustified absences-1 limit The unjustified absences shall not exceed, in each academic year, double the number of weekly hours, days on the first cycle of basic education, or triple the number of weekly academic times, by discipline, in 2 and 3 cycles of basic education, secondary education and teaching. 2-When is reached one third of unjustified absences, the school informs its parent through which it considers most appropriate. 3-When are reached two thirds of unjustified absences, parents and carers or, when of age, the student, are summoned, by the most expeditious, the director of class or by the professor of the class, with the aim to draw attention to the consequences of the situation and to find a solution that will allow 38 ensure compliance with the duty of attendance.

Article 22 effects of unjustified absences 1-in the situations referred to in paragraphs 2 and 3 of article 21, the school should promote the application of the measure or corrective measures provided for in article 26 deemed suitable, considering also what is contemplated in the rules of procedure. 2-Exceeded the limit of unjustified absences and without prejudice to the provisions of the preceding paragraph, the student must perform a proof of equivalence of the frequency, in the discipline or disciplines in which exceeded that limit, the pedagogical Council is to establish the terms of that achievement. 3-when the student does not obtain approval on the proof referred to in the preceding paragraph, is in one of the situations referred to in points (a) following, unless otherwise decided by the pedagogical Council, preceding Council opinion and considering the results obtained in all the disciplines and the effects of the measures referred to in paragraph 1: a) retention of the student who is inserted within the framework of compulsory education or attending basic education , which consists of your maintenance, in the next school year, in the same grade level who frequents; b) exclusion of student who is out of compulsory education, which is the impossibility of this student attending, by the end of the school year in progress, discipline or disciplines for which no approval on such proof. 4-With the approval of the student in the proof referred to in paragraph 2, the same resumes your normal school route, without prejudice of what is to be decided by the school, in administrative terms, with regard to the number of fouls considered unjustified.

Chapter V 39 Discipline section I Infringements infringement of qualification article 23 breach by the student of any of the duties referred to in article 15 or in the rules of procedure of the school, in terms that are disturbing the normal functioning of the activities of the school or of relations within the educational community, constitutes infringement, subject to the application of disciplinary punishment or remedy in accordance with the following articles.

SECTION II remedial measures and disciplinary penalty measures article 24 Purposes of corrective measures and disciplinary penalty of 1-All remedial measures and disciplinary penalty measures are continuing pedagogical purposes, preventive, dissuasive and integration, in a sustained manner, compliance with the duties of the student, the preservation of the recognition of authority and security of teachers in your professional activity and exercise in accordance with his duties, the rest of the staff, in order to still the normal continuation of the activities of the school, the correction of the disruptive behavior and the strengthening of civic education of the student, for the balanced development of your personality, your ability to relate to others, your full integration in the educational community, your sense of responsibility and of their learning. 2-The disciplinary penalty measures, taking into account the special importance of the obligation breached and gravity of the offence committed, continues also, in addition to the identified in the preceding paragraph, punitive purposes. 40 3-corrective measures and disciplinary penalties applicable, measures should be implemented in coherence with the student's educational needs and the objectives of your education and training, in the context, as much as possible, the development of the work plan of the Group and of the educational project of the school, and under its rules of procedure. 4-[Repealed].

Article 25 determining the disciplinary measure 1-in determining the remedy or disciplinary measure applicable penalty must be taken into consideration, the severity of the breach of the obligation breached, the student's age, the degree of guilt, your previous school utilization, family and social medium in which it is inserted, their disciplinary background and all the other circumstances in which the offence was committed that your favor or against militem. 2-[Repealed]. 3-[Repealed].

Article 26 remedial Measures


1-corrective measures pursuing the objectives referred to in paragraph 1 of article 24, assuming a highly precautionary nature. 2-Are corrective measures, without prejudice to any other that, following the provisions of the preceding paragraph will be included in the rules of procedure of the school: the) [Repealed]; b) the output order of the classroom; c) performing tasks and activities of school integration, and may, for that purpose, be increased the period of stay mandatory, daily or weekly, the student at school; d) inhibition of access to extracurricular activities; 41 e) conditioning the access to certain school spaces, or on the use of certain materials and equipment, without prejudice of those who are engaged in teaching activities. f) the change of class. 3-outside the classroom, any teacher or employee, is competent to advise the student, confronting him verbally with the disruptive behavior of the normal functioning of the activities of the school or of relations within the educational community, alerting you that should prevent such conduct. 4-the application of the remedy of the output order of the classroom, is the exclusive competence of the respective teacher and implies the permanence of the pupil at school, competing one, determine the period of time during which the student must remain outside the classroom, where application of such remedy involves whether or not the student lacks marking and which activities If appropriate, the student should develop during that period of time. 5-the implementation, and subsequent implementation, of the corrective measures provided for in points (a) to (d)) and e) of paragraph 2, may not exceed the period of time corresponding to an academic year. 6-it is up to the school, under the rules of procedure, identify the activities, location and time period during which the same occur and define the powers and procedures to be followed with a view to the implementation and subsequent implementation, of the remedy prescribed in subparagraph (c)) of paragraph 2. 7-do also to the preceding paragraph, mutatis mutandis, the application and subsequent corrective measures provided for in points (a) to (d)), and) and f) of paragraph 2. 8-the application of corrective measures provided for in (c)), d), and) and f) of paragraph 2 is communicated to the parents or the guardian, in the case of underage student.

Article 27 disciplinary penalty Measures 1-disciplinary penalty measures reflect a disciplinary censure of 42 assumed by student behavior, and the occurrence of the facts on which such behavior translates, be reported, by the teacher or employee that witnessed or had knowledge immediately to the director, for the purposes of the subsequent communication to the President of the Executive Board or to the principal of the school. 2-way of sanctions: disciplinary measures) [Repealed]; b) reprimand registered; c) the suspension of the school until 10 business days; d) the transfer of school; and) the expulsion from school. 3-the application of disciplinary measure rebuking penalty registered within the jurisdiction of the respective teacher, when the offence is committed in the classroom, or the President of the Executive Board or the director, in other situations, taking in the respective student's personal file, the ID of the author of the decision-making Act, the date on which it was delivered and the reasons of fact and law that has guided this decision. 4-the decision to apply the disciplinary measure of suspension penalty from school until 10 business days, is preceded by the hearing on auto the student in question, which are set in concrete and accurate terms, the facts imputed to him, the duties for he violated and express reference, not only of the possibility to express its views in respect of those facts, as elaborate defence , being responsible for your application the Chairman of the Executive Board or the principal of the school, which may previously listen to the Council. 5-it is up to the school, ears, when possible, the parents or guardian of the pupil, when minor, fix the terms and conditions under which the application of disciplinary punishment measure referred to in the previous paragraph will be performed, and may also, if it sees fit, and to that end, establish any partnerships or celebrate protocols or agreements with public or private entities. 6-the effects of given by the student during the execution of the sentence of suspension from school until 10 business days, with regard in particular to your attendance and evaluation 43, are determined by the school. 7-the application of the disciplinary measure of school transfer penalty refers to the practice of facts notoriously impede continuation of the teaching-learning process of other students from the school, or the normal relationship with one or more of the members of the educational community. 8-the application of disciplinary punishment of expulsion measure, refers to intentional behaviour which, by your particular gravity or reiteration, definitively placing the continuity of the teaching-learning process and inherent permanence in school student, with direct effects on student retention grade level who frequents at the date of application of the sanction and deterrent to enroll your in this academic year, in any other public education institution, not recognizing the educational administration any effect of the frequency, for the same period, private or cooperative education institution. 9-for students who are covered by the compulsory education, the disciplinary penalty measure referred to in the preceding paragraph shall be replaced by the school transfer.

Article 28 Cumulation of disciplinary measures 1-the application of corrective measures provided for in paragraph 1 (b)) f) of paragraph 2 of article 26 may be added to each other. 2-the application of one or more of the remedies may be added only with the imposition of a disciplinary penalty. 3-Notwithstanding the preceding paragraphs, for each infringement can only be applied to a disciplinary penalty.

Article 29 [Repealed] 44 article 30 [Repealed] article 31 [Repealed] article 32 [Repealed] article 33 [Deleted] article 34 [Repealed] article 35 [Repealed] article 36 [Repealed] article 37 [Repealed] article 38 [Repealed] 39 [Repealed] 45 article 40 [Repealed] article 41 [Repealed] article 42 [Repealed] section IV Disciplinary Procedure disciplinary Skills and article 43 procedure 1-Without prejudice to the provisions of paragraph 3 of article 27 in which jurisdiction is the teacher of the class, the competence for disciplinary proceedings for conduct likely to configure the application of any of the disciplinary measures provided for in points (c) penalty), d) and (e)) of paragraph 2 of article 27, is the President of the Executive Board or director, and the order instaurador be delivered within one working day from the concrete and precise knowledge of the situation. 2-the application of disciplinary measures school transfer and penalty of expulsion is the responsibility of the Regional Director of Education, observing, in procedural terms, in situations that, in the abstract, can justify that application, the rules given in the following paragraphs. 3-the roles of instructor, the teacher who is appointed for that purpose, prevail in relation to the other, and should the process be referred for decision of the Regional Director of education, within eight working days after the appointment of the instructor. 4-After the statement, in the course of which the evidence is reduced to writing, is elaborated the charge, where is so articulate and in concrete terms and precise, the 46 facts whose practice is attributed to the student, duly detailed in terms of time, manner and place and duties for he violated, with express reference to the relevant legal or regulatory regulatory , their background and disciplinary punishment disciplinary measure applicable. 5-The above accusation, is extracted and delivered to the student at the time of your notification, and this informed their parents or their guardian, when the student is under age. 6-for the purposes of the exercise of the right of defence, the student has two business days to plead in writing what is convenient and can add documents and call witnesses to a maximum of three, being the same, the day, time and location for the purposes of your hearing is designated by the instructor, the responsibility of the student, under penalty of not being heard. 7-after the phase of Defense is prepared a final report, which is the correct identification of the facts that had been charged to the student who consider themselves to be proven and the proposal of disciplinary penalty to be applied, or of dismissal, and the analysis and assessment of all the evidence collected to be made under article 25 8-once completed the process is delivered to the President of the Executive Board or to the director who shall convene the class Council to decide, when the disciplinary measure proposed penalty by the instructor is one of those referred to in paragraph 2.

Article 44 Participation


1-the teacher or school employee who, in the situation referred to in paragraph 1 of article 39, understand that the behavior witnessed can be described as serious or very serious participates to the director, for the purposes of disciplinary procedure. 2-the director of class or professor to understand that the behavior witnessed or participated can be described as serious or very serious participates to the President of the Executive Board or the director, for the purposes of disciplinary procedure. 47 article 45 establishment of disciplinary procedure which are Presented or reported the facts which may constitute disciplinary offence, the President of the Executive Board, or the director, is competent to initiate the disciplinary procedure, and must do so within one working day, naming soon the instructor, you must be a teacher at the school, except any impediment.

Article 46 Proceedings of the disciplinary procedure, 1-the statement of the disciplinary procedure is reduced to writing and completed within five working days as of the date of appointment of the instructor, being necessarily performed, in addition to the other steps considered necessary, the oral hearing of the parties concerned, in particular the student and, being smaller, their guardian. 2-applies to the hearing in accordance with article 102 of the Code of administrative procedure, the interested summoned at least two working days. 3-after the instruction, the instructor shall draw up a reasoned report stating the classification of the behavior, the weighting of the attenuating circumstances aggravating responsibility and discipline, as well as the proposed application of a disciplinary measure considered appropriate or, Alternatively, the motion for dismissal. 4-the instructor's report is referred to the Chairman of the Executive Board or the director, which, according to the disciplinary measure to be applied and the powers for such exercises by the disciplinary authority or summons, for this purpose, the Board of class discipline, which must meet within two business days. 5-the disciplinary procedure starts and develops as a matter of urgency, having priority over the other school's current procedures. 48 article 47 preventive suspension 1-student at the time of the initiation of the disciplinary procedure by decision of the established, or in the course of your education, on a proposal from the instructor, the student may be suspended pre-emptively the frequency of school, by reasoned order of the President of the Executive Council or by the director, if his presence in school proves to be seriously disturbing the arraignment or the normal functioning of the activities of the school. 2-the preventive suspension lasts that the President of the Executive Board or the director considers it appropriate in the particular situation, and may not be more than 10 business days, or continue beyond the date of the decision of the disciplinary procedure. 3-the effects of given by the student during the period of preventive suspension, with regard in particular to your attendance and evaluation, are determined on the basis of the final decision will be taken in the disciplinary procedure, under the terms established in the rules of procedure of the school.

Article 48 final decisions of the disciplinary procedure, 1-the final decision of the disciplinary procedure, stating the full reasons therefor, and may receive, for the purpose, the statement of reasons contained in the proposal of advanced instructor under referred to in paragraph 7 of article 43, is delivered within two business days, from the time when the competent authority to decide the receive except in the situation referred to in paragraph 3:00 pm that this period is of six working days, and the record of that decision the moment from which the execution of the sentence takes effect, or if, instead, this execution shall be suspended, in accordance with the following paragraph. 2-the execution of a disciplinary measure, with the exception of the penalty referred to in point (d)) of paragraph 2 of article 27, might be suspended for a period of time and on the terms and conditions under which the decision-maker considers fair, adequate and reasonable, getting senile 49 as soon as the student to apply another disciplinary measure during this suspension penalty. 3-The decision of the respective Regional Education Director to apply the disciplinary measure of school transfer penalty, should also include the identification of the educational institution where the student will be transferred, for whose choice is prior to hearing from its parent, when the student is under age. 4-the final decision in the procedure shall be notified personally to the student on the working day following that on which it was issued, or, if a minor, their parents or their guardian, within five working days, by registered letter with acknowledgement of receipt, whenever it is not possible to perform through that way, in which case the notification made on the date of signature of the acknowledgement of receipt. 5-[Repealed].

Article 49 implementation of disciplinary measure implementation of the remedies or penalties applicable disciplinary 1-it is the director of class or professor of the class, the student's follow-up in the implementation of corrective or disciplinary penalty measure that subject, and that the joint action with your parents and carers and teachers back class, in function of the needs identified and to ensure the involvement of all stakeholders in the educational effects of the measure. 2-the jurisdiction referred to in the preceding paragraph is especially relevant when implementing the corrective measure of integration activities at school or at the time of the return to school of the student to whom a disciplinary measure was imposed the penalty of suspension from school. 3-the provisions of the preceding paragraph also applies when a student's integration in the new school to which he was transferred as a result of the application of this measure 50 disciplinary penalty. 4-in pursuit of the purposes referred to in paragraph 1, the school relies on the cooperation of the specialized educational and support services or integration teams to be defined in the rules of procedure.

Article 50 hierarchical Feature 1-the final decision of the disciplinary procedure hierarchical appeal under the general terms of law, the appeal within five working days. 2-tiered feature has no suspensive effect, except when brought to disciplinary measures decision on penalties applicable school transfer and expulsion from school. 3-[Repealed]. 4-[Repealed].

Article 51 intervention of parents and carers between the time of the establishment of the disciplinary procedure to your student and your conclusion, parents and carers should contribute for the proper establishment of the facts and being applied disciplinary measure, arrange for sanctioning the execution of the same proceed the objectives of strengthening the civic training of educating with a view to balanced development of your personality, your ability to relate to others, your full integration in the educational community, your sense of responsibility and of their learning.

CHAPTER VI rules of procedure article 52 51 school subject of the rules of procedure of the school 1-Without prejudice to situations where these bylaws expressly refers to the rules of procedure of the school, this concerns the development of the provisions of this law and other legislation of statutory character and suitability to the reality of school rules of coexistence and conflict resolution in its educational community with regard, in particular, the rights and duties of students involved in the specificity of the school experience, the adoption of uniforms, the use of facilities and equipment, access to facilities and school spaces, recognition and appreciation of merit, dedication and effort on schoolwork, as well as the performance of meritorious actions in favour of the community in which the student is inserted or society in General , practiced at school or beyond, and should still be included in the rules of procedure the rules and procedures to be observed with regard to the delegation of powers provided for in this Statute, the President of the Executive Board or the director, the remaining members of the Board of directors or the Council. 2-[Repealed].

Article 53 Drafting rules of procedure the rules of procedure of the school school is drawn up in accordance with the system of autonomy, administration and management of the establishments of pre-school education and basic and secondary education, approved by Decree-Law No. 115/98, of 4 may, and this preparation to participate in the school community, in particular through the running of the school Assembly.

52 article 54 Dissemination of the rules of procedure of the school


1-the rules of procedure of the school is advertised at school, in a visible and appropriate, and provided free of charge to the student, when the frequency of the school and where the regulation is subject to update. 2-parents and carers must, at the time of registration, in accordance with article k) of paragraph 2 of article 6, knowing the school rules and subscribe, making subscribe also to their children and students, annual statement, in duplicate, and acceptance of active commitment as to your full compliance with.

CHAPTER VII transitional and final provisions article 55 civil and criminal liability 1-the application of disciplinary punishment or remedy provided for in this law, does not exempt the student and their legal representative of civil liability which, under the general terms of law, there is no place, without prejudice to the establishment of any criminal responsibility as might derive therefrom. 2-[Repealed]. 3-When the behavior of the student under the age of 16 years, which is likely to trigger the application of disciplinary penalty, if you can be at the same time as that crime must eligible school board communicate such fact to the Commission for the protection of children and young people or the representative of the public prosecutor at the court competent for minors, as the student has at the time of less than 12 or 16 years and 12, subject to appeal, for reasons of urgency, the police authorities. 4-When the criminal procedure by the facts mentioned in the preceding paragraph depend on complaints or private prosecutor, competing this right to own the 53 school, your Office should be based on reasons to consider, in particular, the interests of the education community in the development of criminal procedure before the interests concerning the formation of the student in question.

Article 56 subsidiary legislation On everything that is not specifically regulated in this law, apply in the code of administrative procedure.

Article 57 of the Statute the Disclosure this Statute must be known to all members of the educational community, applying to your disclosure article 53 article 58 [Repealed] article 59 Succession of schemes the provisions of this Act applies only to situations constituted after your entry into force.

Article 60 set Standard is revoked Decree-Law No. 270/98, of September 1, without prejudice to the provisions of the previous article, and articles 13 to 25 of Decree-Law No. 301/93, of 31 August.