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PROPOSED LAW NO. 140 /X

Exhibition of Motives

The problem of indiscipline and incivility, today felt in many schools, commits to

quality of the pedagogical relationship between teachers and students and impedes the development of the

work and the study, affecting the regular process of learning.

On the other hand, indiscipline engendered a social environment with negative repercussions

for the future of students as professionals and citizens.

In short, indiscipline sets itself up as an obstacle to the affirmation of the school as

diffuse institution of the values of knowledge and knowledge, citizenship, participation and

of accountability.

The Statute of the Student of the non-Higher Education, currently in force, was passed by the Law

n. 30/2002 of December 20. The experience of its application, over the last few

Four years, allowed to check that in many ways, it does not value the role of the

teachers, does not take into account the need for speedy performance in situations of

alteration of the working climate of schools, nor does it contribute effectively to the

development of a culture of responsibility of pupils and parents.

Thus, the necessary amendments, which now propose, are oriented and enthroned by the

principles that go forward enunciated.

One of the principles is the clear distinction between corrective and preventive measures and measures

sanctionatoriums.

Corrective measures should be understood as an integral part of the teaching process,

pursuing pedagogical, deterrent and integration purposes, and therefore not having a

punitive character.

For this reason they must be an integral part of the exercise of the present pedagogical authority

in the educational activities.

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Such measures will be able to set up mandatory task fulfillment or

integration activities, the order of leaving the classroom, the inhibition of participation in

extracurricular activities or the conditioning of access to spaces and equipment,

or, still, the change of class.

On the contrary, the sanctionatory measures have in view, in addition to the educational aspects and

pedagogics, punishment and the curing of possible behaviors of greater gravity,

or reincidents, unacceptable in the school space.

Such measures will be able to set up the registered reprimand, the temporary suspension of the

frequency, the transfer of school and expulsion.

It strengthens the authority of teachers and schools by transferring greater decision-making power

for teachers and the management bodies of educational establishments.

Broadens the range of measures that are liable to be applied with evaluation autonomy and

decision on the part of teachers and school management bodies, in the terms of their own

schools set out in their internal regulation.

It will become the responsibility of the Executive Councils of schools the final decision

on all disciplinary measures, with the exception of transfer measures or

expulsion from school, the application of which should involve also the Regional Directions of

Education.

Another of the principles is the simplification of formal procedures, of a procedural nature,

referring to the application of the sanctionatory disciplinary measures, without prejudice to the guarantees

of the right of defence of pupils and information to those in charge of education.

The application of corrective measures will also cease to comply with formal procedures,

such as the reduction in writing and the opening of autos. The meetings of class councils or

extraordinary pedagogical advice, in these cases, do not consider themselves necessary, having

into account the morosity in the analysis of the process that this would imply. The only formality

required will be that of communication to the instructs of education.

It also enshrines, the reinforcement of the responsibility of parents and in charge of education

in the monitoring of the school pathway of the respective educandums, inter alia, in

situations of repeated non-compliance of the duty of assiduity, on the part of the student, during

the compulsory education.

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Finally, it improves and broadens the information to be provided by the schools to the entrusted

of education, specifically, about lack of assiduity or corrective measures or

applied disciplinary.

The hearing of the National Confederation of Parents ' Associations should be promoted.

Thus:

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

Assembly of the Republic the following proposal for a law:

Article 1.

Amendment to Law No. 30/2002 of December 20

1-Articles 1, 2, 6, 9, 11, 14, 14, 47, 47 to 52, 54, 54 to 52, 54 and 55 of the Act

n ° 30/2002 of December 20, shall be replaced by the following:

" Article 1.

[...]

This Law approves the Status of the Student of Basic and Secondary Teaching,

hereinafter referred to as a Statute, in the development of the standards of the Bases Act

of the Educational System, the Law No. 46/86 of October 14 concerning the

school administration and management.

Article 2.

[...]

The Statute pursues the general and organisational principles of the education system

portuguese, as they are found to be in the articles 2 and 3 of the Law of

Bases of the Educational System, promoting, in particular, the assiduity, the

integration of pupils into the educational community and school, compliance with the

compulsory schooling, its civic and moral training, school success and

educational and the effective acquisition of sabers and skills.

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Article 5.

[...]

1-[...].

2-The class director or, addressing students of the 1 th cycle of basic education,

the teacher-holder of class, while coordinator of the work plan of the

class, is particularly responsible for the adoption of measures aimed at the

improvement of learning conditions and the promotion of a good environment

educational, they compete to articulate the intervention of the teachers of the class

and of the parents and in charge of education and collaborate with these in the sense of

prevent and solve behavioural or learning problems.

Article 6.

[...]

1-[...].

2-In the terms of the liability referred to in the preceding paragraph, shall each

of the parents and in charge of education, in particular:

a) [...];

b) [...];

c) Diligenate so that your educating will actually benefit from your

rights and strictly comply with the duties it is entrusted with, with

highlight for the duties of assiduity, of correct behaviour

school and commitment to the learning process;

d) [...];

e) [...];

f) [...];

g) Contribute to the correct clearance of the facts in procedure of

disciplined inmate instituted to his educating and, being applied to this

sanctionatory disciplinary measure, diligenate so that the same

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pursue the objectives of strengthening its civic training, of the

balanced development of your personality, of your capacity

of relating to others, of their full integration into the community

education and its sense of responsibility;

h) [...];

i) [...];

j) [...];

k) [...].

Article 9.

[...]

The school's rules of discipline, in addition to its own effects, must

provide the assumption, by all those who integrate the life of the school, of rules

of coexistence that ensure compliance with the objectives of the project

educational, the harmony of relationships and social integration, the full

physical, intellectual, civic and moral development of the students and the preservation

of the safety of these and still the professional and personal achievement of the lecturers and

non-lecturers.

Article 10.

[...]

In the face of a danger situation for the health, safety or education of the minor student,

must the Executive Council or the director of the school diligenate to put it

term, by the means strictly appropriate and necessary and always with

preservation of the intimacy of the private life of the student and his / her family, and may

request the cooperation of public, private or supportive authorities

relevant, namely, of the Segura School, of the Commission for Protection of

Children and Young People or the representative of the Public Prosecutor's Office with the court

competent in the matter of minors.

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Article 11.

[...]

The act of matriculation, in accordance with the legal provisions that regulate it,

confers the status of pupil, which, in addition to the rights and duties enshrined

in this Law, it integrates, equally, those contemplated in the regulation

internal of the school.

Article 14.

[...]

1-[...].

2-The delegate and the class subdelegate have the right to request the achievement

of class meetings with the respective head of class or with the teacher

class holder for consideration of subjects related to the

operation of the class, without prejudice to the fulfilment of the activities

lective.

3-On the initiative of the students or on their own initiative, the class director

or the class-holder teacher may apply for the participation of the

representatives of the parents and in charge of educating the students of the class in the

meeting referred to in the previous number.

Article 15.

[...]

The student has the duty, without prejudice to the provisions of Article 7 and of the rest

duties provided for in the internal regulation of the school, of:

a) [...];

b) Be assorted, punctual and committed to the fulfillment of all your

duties in the scope of school activities;

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c) [...];

d) [...];

e) [...];

f) [...];

g) [...];

h) [...];

i) [...];

j) [...];

k) [...];

l) [...];

m) [...];

n) [...];

o) [...];

p) [...];

q) Do not carry any materials, technological equipment,

instruments or ingeners, liable to, objectively, disturb the

normal operation of the lective activities, or be able to cause

physical or moral damage to pupils or to third parties;

r) [ Repealed ].

Article 16.

[...]

1-The individual student's process accompanies him throughout his / her

school pathway, being returned to parents or in charge of education or,

if higher of age, to the student, at the end of compulsory education, or, not if

checking for interruption in the continuation of studies, at the

completion of secondary education.

2-Are recorded in the individual student's process the relevant information of the

your educational pathway, specifically those concerning behaviours

meritoriums and the sanctionatory disciplinary measures applied and their effects.

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3-[ Revoked ].

4-[...].

Article 17.

[...]

1-[...].

2-[...].

3-The duty of assiduity implies for the student wants presence in the classroom

and too many places where to develop school work, want an attitude of

appropriate intellectual and behaviourmental commitment, according to its

age, to the process of teaching and learning.

4-A The lack is the absence of the student to a class or the other frequency activity

compulsory, or optional if there has been enrollment, with registration

of that fact in the book of point, or of frequency, by the teacher, or in others

appropriate administrative supports, by the class director.

5-Decorrating classes in consecutive times, there are as many tales as the

times of absence of the student.

6-The procedure biased to the justification of the falles resulting from the fact that the

student do not keep up with the material necessary to the activities

school and their respective effects arising from the possible injustification, are

defined by the internal regulation of the school.

Article 18.

[...]

They are justified as given by the following reasons:

a) [...];

b) [...];

c) [...];

d) [...];

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e) [...];

f) Assistance in the disease the member of the household, in cases in

that, demonstrably, such assistance may not be provided by

any other person, in terms to be set out in the respective regulation

internal;

g) [...];

h) [...];

i) [...];

j) [...];

l) Another impeditive fact of the presence in the school provided that,

demonstrably, is not attributable to the student or is,

justifiably, considered to be attentive by the class director or by the

teacher holder of class.

Article 19.

[...]

1-The request for the justification of the flawed is submitted in writing by the parents or

in charge of education or, when the student is higher of age, by the

own, the class director or the teacher-holder of the class, with indication

of the day, time and of the lective activity in which the lack occurred, referencing

the grounds justifying the same in the school booklet, dealing with

student of the elementary school, or in own print, addressing the student of the

secondary education.

2-[ Revoked ].

3-[ Revoked ].

4-The class director, or the titular teacher of the class, must apply, to parents

or in charge of education, or the student, when larger, the vouchers

additional that it understands necessary to the justification of the lack, owing,

likewise, any entity that for that purpose is contacted, collaborate

in the discovery of the truth.

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5-A justification of the lack must be submitted beforehand, the reason being

foreseeable, or, in the remaining cases, up to the 5 th business day subsequent to the

verification of the same.

6-[ Revoked ].

Article 20.

[...]

The fallout is considered unjustified when for them it has not been

presented justification, or when the justification presented has been out

of the time limit, or has not been accepted, and shall have such injustification, duly

substantiated, be communicated, within five working days, to the parents or

in charge of education or, when higher of age, to the student, by the director of

class or by the titular teacher of class.

Article 21.

[...]

1-[...].

2-When a third of the unjustified bankruptcy limit is reached, the school

informs the respective in-charge of education by the means it considers more

appropriate.

3-When two thirds of the limit of unjustified failure is reached, the parents

and in charge of education or, when higher of age, the student, are

convened, by the means most expeted, by the class director or by the

teacher holder of the class, with the aim of alerting themselves to the

consequences of the situation and to find a solution that allows

guarantee the effective compliance of the duty of frequency.

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Article 22.

Effects of unjustified phalps

1-In the situations referred to in Article 21 (2) and (3), the school shall

promote the application of the measure or corrective measures provided for in the article

26. that you show appropriate, considering also what you are

contemplated in the internal regulation.

2-Exceeded the limit of unwarranted failure and without prejudice to the provisions of the

previous number, the student must carry out a proof of equivalence to the

frequency, in the discipline or disciplines in which it has surpassed that limit,

competing for the pedagogical board to fix the terms of that achievement.

3-When the student does not obtain approval in the proof referred to in the preceding paragraph,

falls in one of the situations set out in the following points, unless the decision

contrary to the pedagogical advice, preceding advice from the class council

and considering the results obtained in the ensemble of the disciplines and the effects

of the measures referred to in paragraph 1:

a) Retention of the student who is entered in the scope of schooling

compulsory or to attend basic education, to which it consists of its

maintenance, in the following school year, in the same year of schooling

who attends;

b) Exclusion of the student who finds himself out of compulsory education, the

what consists in the impossibility of this student to attend, until the end of the

academic year in progress, the discipline or disciplines in relation to which

has not obtained approval in the said evidence.

4-With the student's approval in the proof provided for in paragraph 2, the same shall resume its

normal school pathway, without prejudice to what comes to be decided by the school,

in strictly administrative terms, regarding the number of flawings

considered unjustified.

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Article 23.

Qualification of the offence

The violation by the student of any of the duties provided for in Article 15 or in the

internal regulation of the school, in terms that reveal disturbing of the

normal operation of the activities of the school or relations within the framework of the

educational community, constitutes infringement, liable to the application of a measure

corrective or sanctionatory disciplinary measure, pursuant to the following articles.

Article 24.

Purposes of corrective measures and sanctionatory disciplinary

1-All corrective measures and sanctionatory disciplinary measures

pursue pedagogical, preventive, deterrent and de-

integration, sustaining, in a sustained manner, the fulfillment of the duties of the

student, the preservation of the recognition of the authority and security of the

teachers in the exercise their professional activity and, according to the

your duties, from the remaining employees, aiming still normal

continue the activities of the school, the correctness of the behaviour

disturbing and the reinforcement of the student's civic training, with a view to the

balanced development of your personality, of your ability to

relate to others, from their full integration into the educational community,

of your sense of responsibility and your apprenticesments.

2-The sanctionatory disciplinary measures, taking into account the special

relevance of the violated duty and seriousness of the offence practiced, proceed

also, in addition to those identified in the previous number, purposes

punitive.

3-The corrective measures and sanctionatory disciplinary measures, shall be

applied in coherence with the educational needs of the student and with the

objectives of its education and training, in the framework, as far as possible, of the

development of the working plan of the class and the educational project of the

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school, and in the terms of the respective internal regulation.

4-[ Revoked ].

Article 25.

[...]

1-In the determination of the corrective measure or sanctionatory disciplinary measure

applicable shall be taken into account, the seriousness of the default of the

duty violated, the age of the pupil, the degree of guilt, its harness

previous school, the family and social medium in which the same is insere, its

disciplinary background and all the other circumstances in which the

infringement was practiced that militem against or in their favour.

2-[ Revoked ].

3-[ Revoked ].

Article 26.

Corrective measures

1-The corrective measures are continuing the objectives referred to in paragraph 1 of the

article 24, assuming an eminently cautionary nature.

2-Are corrective measures, without prejudice to others that, by obeying the

provisions of the preceding paragraph, come to be contemplated in the regulation

internal of the school:

a) [ Repealed ];

b) [...]

c) The carrying out of tasks and activities of school integration, and may,

for this purpose, the mandatory stay period is increased,

daily or weekly, from the student at the school;

d) The inhibition of access to extracurricular activities;

e) The conditioning in the access to certain school spaces, or in the

use of certain materials and equipment, without prejudice to those if

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find affections for lectural activities.

f) The change of class.

3-Out of the classroom, any teacher or non-teaching employee, has

competence to warn the student, by confronting him verbally with the

disturbing behaviour of the normal operation of the activities of the

school or relations within the educational community, alerting him of

which should avoid such kind of conduct.

4-A The application of the corrective measure of the classroom exit order, is from the

exclusive competence of the respective teacher and implies the permanence of the

student at the school, competing that one, determine, the length of time during

which the student must remain outside of the classroom, if the application of such

corrective measure carries or does not mark the missing the student and which the

activities, if any, that the student should develop in the course

of that period of time.

5-A application, and subsequent implementation, of the corrective measures provided for in the

points d) and e) of paragraph 2, may not exceed the period of time

corresponding to one academic year.

6-Compete to school, within the framework of the internal regulation, to identify the

activities, location and period of time during which they occur and,

well so, to define the skills and procedures to be observed, having in

view the application and subsequent implementation, of the corrective measure provided in the

point ( c) of paragraph 2.

7-Obey equally to the provisions of the preceding paragraph, with due

adaptations, the application and subsequent implementation of the corrective measures,

provided for in points d ), e) and f) of paragraph 2.

8-A implementation of the corrective measures provided for in points c) , d ), e) and f) of the n.

2 is communicated to parents or in charge of education, treating themselves

minor student of age.

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Article 27.

[...]

1-The sanctionatory disciplinary measures translate a disciplinary censorship of the

behavior assumed by the student, owing to the occurrence of the facts in which

such behavior translates, to be participated, by the teacher or employee

that presentiate her or her had knowledge, immediately, to the respective

class director, for the purposes of the subsequent communication to the President of the

Executive Council or the Dean of the School.

2-Are sanctionatory disciplinary measures:

a) [ Repealed ];

b) [...];

c) The suspension of the school up to 10 working days;

d) The transfer of school;

e) [...].

3-A The application of the sanctionatory disciplinary measure of registered reprimand is from the

competence of the respective teacher, when the offence is practiced in the room

of class, or of the President of the Executive Council or the Director, in the remaining

situations, averaging in the respective individual process of the student, the

identification of the author of the decision-making act, the date on which the same was prowound and

the de facto and rights-of reasons that have guided such a decision.

4-A decision to apply the sanctionatory disciplinary measure of suspension of the

school up to 10 working days, is preceded by the hearing in self of the student targeted, from the

which are listed, in concrete and precise terms, the facts that are

imputed, the duties performed by it violated and the express reference, not only from the

possibility of pronouns on those facts, such as from defence

elaborated, being competent for its application the President of the Council

Executive or the Dean of the School, who may, beforehand, listen to the Council

of Turma.

5-Compete to school, ears, when possible, the parents or the in charge of

education of the student, when underage, lay down the terms and conditions in

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that the application of the sanctionatory disciplinary measure referred to in the number

previous will be executed, and may equally, if so understood, and for

that effect, establish possible partnerships or conclude protocols or

agreements with public or private entities.

6-The effects arising from the flawings given by the student in the course of the period of

execution of the suspension penalty of the school up to 10 working days, as regards,

particularly, to their assiduity and evaluation, are determined by the school.

7-A application of the sanctionatory disciplinary measure of school transfer

report to the practice of notoriously impetuous facts of the continuation of the

teaching process-learning of the remaining students of the school, or the

normal relationship with some or some of the community members

education.

8-A The application of the sanctionatory disciplinary measure of expulsion, reports to

doleful behaviors that, by their particular gravity or reiteration,

definitively impossible to continue the continuity of the teaching process-

learning and inherent permanence of the student in school, having as an effect

direct the student's retention in the year of schooling that attends to the date of

application of the sanction and its impediment of matriculation, in that academic year,

in any other public educational establishment, not recognizing the

educational administration any effect of the frequency, for the same period,

of establishment of private or co-operative education.

9-Relatively to students who find themselves covered by schooling

mandatory, the sanctionatory disciplinary measure referred to in the preceding paragraph is

replaced by the school transfer.

Article 28.

[...]

1-A implementation of the corrective measures provided for in points b) a f) of paragraph 2 of the

article 26 is cumulable with each other.

2-A The application of one or more of the corrective measures is cumulable only

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with the application of a sanctionatory disciplinary measure.

3-Without prejudice to the provisions of the preceding paragraphs, for each offence only

a sanctionatory disciplinary measure can be applied.

Article 43.

Disciplinary competencies and procedural plotting

1-Without prejudice to the provisions of Article 27 (3), where the competence is of the

teacher holder of the class, the competence for the establishment of

disciplinary procedure for behaviors that are likely to set up

the application of some of the sanctionatory disciplinary measures provided for in the

points c) , d) and e) of Article 27 (2), is of the President of the Council

Executive or director, and the dispatcher shall be delivered on the

deadline of a working day, to be told of the concrete and precise knowledge of the

situation.

2-A application of the sanctionatory disciplinary measures of transfer of

school and expulsion is the competence of the Regional Director of Education

respective, observing, in procedural terms, in the situations that, in

abstract, can justify that application, the constant rules of the

following numbers.

3-The functions of instructor, of the teacher who for the purpose is appointed,

prevail over the rest, and the process shall be remitted to

decision of the Regional Director of Education, within eight working days, after

the appointment of the instructor.

4-Finda the instruction, in the course of which the proof is reduced in writing, is

drawn up the charge, from where it appears, in an articulated manner and in terms

concrete and precise, the facts whose practice is imputed to the student,

properly circumstantiated in terms of time, mode and place and duties

by it infringed, with reference expressed to the respective legal normatives

or regulatory, their disciplinary background and disciplinary measure

sanctionatory applicable.

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5-From the aforementioned charge, it is extracted copy and handed over to the student at the time

of their notification, with such a fact being informed either the parents or the respective

in charge of education, when the student is underage.

6-For the purposes of the exercise of the right of defence, the student has two days

useful to claim in writing what you have for convenient, and may join

documents and burrow witnesses up to the limit of three, being the presentation

of the same, on the day, time and place that for the purposes of your hearing is

assigned by the instructor, the responsibility of the student, under penalty of no

be heard.

7-Finda the stage of the defence is drawn up a final report, of which it is stated, the

correct identification of the facts that had been imputed to the student who if

consider it to be proven and the proposal of the sanctionatory disciplinary measure to

apply, or from the filing of the process, owing to the analysis and valorisation of

all the evidence collected shall be carried out under the provisions of Article 25.

8-After completed, the process is delivered to the President of the Council

Executive or the Director who convene the Board of Turma for se

pronounce, when the sanctionatory disciplinary measure proposed by the

instructor for one of those referred to in paragraph 2.

Article 47.

[...]

1-At the time of the introduction of the disciplinary procedure, upon decision

of the entity that has instituted it, or in the course of its instruction, by tender of the

instructor, the student can be suspended preventively from the frequency of the

school, upon reasoned order to be delivered by the President of the

Executive board or by the director, if his presence at the school proves to be

severely disruptive of the instruction of the process or the functioning

normal of the activities of the school.

2-A preventive suspension has the duration that the President of the Council

Executive or the director to consider appropriate in the situation in concrete, not

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may be more than 10 working days, nor continue beyond the date of the

decision of the disciplinary procedure.

3-The effects arising from the flawings given by the student in the course of the period of

preventive suspension, with respect to, in particular, its assiduity and

assessment, are determined in function of the decision that the final comes to be

delivered in the disciplinary procedure, in the terms set out in the

internal regulation of the school.

Article 48.

[...]

1-A The final decision of the disciplinary procedure, duly substantiated,

may host, for the purpose of, the consistent statement of reasons for the proposal of the

instructor aduzida in the terms referred to in Article 43 (7), is delivered on the

maximum period of two working days, from the time the entity

competent to decide you to receive it, save in the situation provided for in paragraph 3 in para.

that such a time limit is six working days, and shall appear in that decision to

indication of the moment from which the execution of the penalty begins to

produce effects, or if, instead, that execution gets suspended, pursuant to the

the following number.

2-A implementation of the sanctionatory disciplinary measure, with the exception of the said

in the paragraph d) of Article 27 (2), may be suspended for the period of

time and in the terms and conditions in which the decision-maker considers it to be fair,

proper and reasonable, lapsing as soon as the student is applied another

sanctionatory disciplinary measure in the course of that suspension.

3-From the decision delivered by the respective Regional Director of Education that

apply the sanctionatory disciplinary measure of school transfer, must

also record the identification of the educational establishment to where the

student is going to be transferred, to whose choice it proceeds in advance to the

hearing of the respective officer of education, when the student is a minor

of age.

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4-A The final decision of the procedure is notified personally to the student on the day

useful following to the one in which he was prowound, or, when underage, to the

parents or respective in charge of education, in the following five working days,

being it by registered letter with notice of receipt, whenever it is not

possible to carry out through that form, considering, in this case, the

notification made on the date of the signing of the notice of receipt.

5-[ Revoked ].

Article 49.

Implementation of corrective measures or sanctionatory disciplinary

1-Compete to the class director or the teacher holder of the class, the

follow-up to the student in the execution of the corrective or disciplinary measure

sanctionatory to which he was subjected, owing that articular to his performance with

the parents and in charge of education and with the teachers of the class, in

function of the educational needs identified and in such a way as to ensure

co-accountability of all actors in the educational effects of the

measure.

2-A The competence referred to in the preceding paragraph is especially relevant

upon the implementation of the corrective measure of integration activities in the

school or at the time of the return to the student's school to whom it was applied to

sanctionatory disciplinary measure of suspension of the school.

3-The provisions of the preceding paragraph shall also apply when the integration of the

student at the new school to have been transferred following the application

of this sanctionatory disciplinary measure.

4-In the pursuit of the purposes referred to in paragraph 1, the school relies on

collaboration of the specialist educational support services and or teams

of integration to be defined in the internal regulation.

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Article 50.

Hierarchical feature

1-From the final decision of the disciplinary procedure it is up to hierarchical appeal in the

general terms of law, to be interacted within five working days.

2-The hierarchical resource has no suspensive effect, except when interposed

of a decision to implement the sanctionatory disciplinary measures of

transfer of school and expulsion from the school.

3-[ Revoked ].

4-[ Revoked ].

Article 51.

[...]

Between the time of the introduction of the disciplinary procedure to its educating and

their conclusion, the parents and in charge of education should contribute to the

correct fact-finding of facts and, being applied disciplinary measure

sanctionatory, diligenate so that the execution of the same pursues the objectives

of strengthening the civic training of educating, with a view to development

balanced from your personality, from your ability to relate to the

others, from their full integration into the educational community, from their sense of

responsibility and their apprenticesments.

Article 52.

[...]

1-Without prejudice to the situations in which this Statute is expressly referred to

for the internal regulation of the school, the latter has the object, the

development of the provisions of this Law and other legislation of character

statuary and the appropriateness to the reality of the school of the rules of coexistence and

of resolution of conflicts in the respective educational community, in what if

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refers to, inter alia, the rights and duties of the students inherent in the

specificity of school living, the adoption of uniforms, the use of the

facilities and equipment, access to the facilities and school spaces, to the

recognition and valorisation of merit, dedication and effort in the

school work, as well as the performance of meritorious actions in favor

of the community in which the student is entered or of the society at large,

practiced in school or outside of it, and must still be contemplated in the

internal regulation the rules and procedures to be observed in respect of

delegation of the powers provided for in this Statute, of the President of the

Executive board or the director, in the remaining members of the organ of

management or in the class council.

2-[ Revoked ].

Article 54.

[...]

1-[...].

2-Parents and in charge of education shall, in the act of the matriculation, in the

terms of the point k) of Article 6 (2), know the internal regulation of the

school and subscribe, making subscribing equally to their children and

educands, annual statement, in duplicate, acceptance of the same and

active commitment as to its full compliance.

Article 55.

[...]

1-A application of corrective measure or sanctionatory disciplinary measure,

provided for in this Law, does not exempt the student and the respective legal representative

of civil liability to which, in the general terms of law, there is no place, without

prejudice to the finding of the possible criminal liability therefor

stemming.

23

2-[ Revoked ].

3-When the behavior of the 16-year-old student, who is likely to

trigger the application of sanctionatory disciplinary measure, if it can

constitute, simultaneously, as a qualifiable fact of crime, owes to

management of the school communicating such a fact to the child protection commission and

youths or the representative of the Public Prosecutor's Office with the court

competent in the matter of minors, as the student has, at the date of

practice of the fact, less than 12 or between 12 and 16 years, without prejudice to the

recourse, for reasons of urgency, to the police authorities.

4-[...]. "

2-A Section II of Chapter V of Law No. 30/2002 of December 20 is to have the following

epiggrafe: "Corrective measures and sanctionatory disciplinary measures".

Article 2.

Transient standard

The internal regulations of schools in force at the date of the beginning of the term of the amendments

to the Statute of the Student, operated by this Law, they must be adapted to what in it if

statui, pursuant to the terms set out in Article 6 of the Decree-Law No. 115 -A/98 of May 4.

Article 3.

Standard of application in time

The amendments to Law No. 30/2002 of December 20 operated by this Law apply

only to the situations that occurred after its entry into force.

Article 4.

Abrogation standard

The subparagraph shall be repealed. r) of Art. 15 (3), Article 16 (3), 3 and 6 of Article 19,

24

o Article 24 (4), paragraphs 2 and 3 of Article 25, para. a) of Article 26 (2), paragraph 26

a) from Article 27 (2), Articles 29 to 42, Article 48 (5), paragraphs 3 and 4 of the article

50, Article 52 (2), Article 55 (2) and Article 58 of Law No 30/2002 of 20 of

December.

Article 5.

Republication

It is republished, in annex, which is an integral part of this Act, Law No. 30/2002, of 20

of December, with the current wording.

Seen and approved in Council of Ministers of May 10, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

25

ANNEX

(referred to in Article 5)

Status of the Student of Basic and Secondary Teaching

CHAPTER I

Content, objectives and scope

Article 1.

Content

This Law approves the Status of the Student of Basic and Secondary Teaching, forward

designated by statute, in the development of the standards of the System Bases Act

Educational, the Law No. 46/86 of October 14 on school administration and management.

Article 2.

Objectives

The Statute pursues the general and organisational principles of the Portuguese education system,

as they are found to be in the Articles 2 and 3 of the System Bases Act

Educational, promoting, in particular, assiduity, the integration of pupils into the

educational community and in school, the fulfilment of compulsory education, their

civic and moral training, school and educational success and the effective acquisition of sabers and

competencies.

Article 3.

Scope of application

1-The Statute applies to pupils in the basic and secondary school education education,

including its special modalities.

2-The provisions of the preceding paragraph shall be without prejudice to the application to preschool education than

in the Statute is provided for in respect of the responsibility and role of the members of the

26

educational community and living in school.

3-The Statute applies to the educational establishments of the public network, including the

respective groupings.

4-The principles that enform the Statute apply to the educational establishments of the

private and cooperative networks, which should adapt the respective internal regulations

to the same.

CHAPTER II

Autonomy and responsibility

Article 4.

Responsibility of members of the educational community

1-A autonomy of administration and management of schools and of the creation and development of the

respective educational projects presupposes the responsibility of all the members of the

educational community for the effective safeguarding of the right to education and the equality of

opportunities in access and school success, by the full pursuit of the

objectives of the said educational projects, including those for socio-cultural integration,

and by the development of a culture of citizenship capable of fostering the values of the

human person, democracy and the responsible exercise of individual freedom.

2-As a collective space of effective safeguarding of the right to education, the school is

unceible of processing under pressure for the pursuit of interests

private individuals, and their functioning shall be of priority character.

3-A The educational community referred to in paragraph 1 integrates, without prejudice to the contributions of

other entities, the students, the parents and in charge of education, the teachers, the

non-teaching staff of schools, local authorities and services of the

central and regional administration with intervention in the area of education, in the terms of the

respective responsibilities and competences.

27

Article 5.

Special role of teachers

1-The teachers, while key drivers in the conduct of the teaching process

and apprenticeship, should promote measures of a pedagogical character that stimulate the

harmonious development of education, whether in the activities in the classroom or in the

too much activities of the school.

2-The class director or, dealing with pupils of the 1-cycle of basic education, the teacher

class holder, while coordinator of the class work plan, is particularly

responsible for the adoption of measures for the improvement of the conditions of

learning and the promotion of a good educational environment, by competing with you to articulate the

intervention by the teachers of the class and the parents and in charge of education and collaborating

with these in the direction of preventing and solving behavioural problems or of

learning.

Article 6.

Special role of parents and in charge of education

1-To parents and in charge of education incumbent, in addition to their legal obligations,

a special responsibility, inherent in its power-duty to drive the education of the

your children and educands, in the interest of these, and to actively promote the

physical, intellectual and moral development of the same.

2-In the terms of the liability referred to in the preceding paragraph, shall each parent and

in charge of education, in particular:

a) Actively follow up on the school life of your educating;

b) To promote the articulation between education in the family and school education;

c) Diligenate so that your educating will actually benefit from your rights and

strictly comply with the duties it has, with a highlight of the

assiduity duties, correct school behaviour and commitment to the

learning process;

d) To contribute to the creation and implementation of the educational project and the regulation

28

internal of the school and participate in the life of the school;

e) Cooperate with teachers in the performance of their pedagogical mission, in

special when for this they are requested, collaborating in the teaching process and

learning of their educands;

f) Contribute to the preservation of the discipline of the school and to the harmony of the

educational community, in particular when for such purposes they are requested;

g) Contribute to the correct clearance of the facts in an innerole procedure

discipline instituted to your educating and, being applied to this disciplinary measure

sanctionatory, diligenate so that the same will continue the objectives of strengthening the

your civic training, of the balanced development of your personality, of your

ability to relate to others, from their full integration into the community

education and its sense of responsibility;

h) Contribute to the preservation of the safety and physical and moral integrity of all

those who participate in the life of the school;

i) Actively integrate the educational community in the performance of the rest

responsibilities of this, in particular by informing themselves, being informed and

reporting on all relevant subjects in the educational process of their

educandums;

j) Attend school whenever you judge necessary and when for such a

requested;

k) Get to know the internal regulation of the school and subscribe, by subscribing

equally to their children and educandums, annual declaration of acceptance of the same

and of active commitment as to its full compliance.

Article 7.

Responsibility of students

Students are responsible, in appropriate terms to their age and ability to

discernment, by the obligational component inherent in the rights conferred upon it

within the educational system, as well as by contributing to ensuring to the rest

members of the educational community and the school the same rights as themselves are

29

conferred, in particular by actively respecting the exercise by the other students of the right

to education.

Article 8.

Role of non-lecturer staff of schools

The non-teaching staff of schools, in particular the officials assisting the action

educational and the technicians of the specialized educational support services, must collaborate in the

monitoring and integration of learners in the educational community by encouraging the

respect for the rules of coexistence, promoting a good educational environment and

contributing, in articulation with the lecturers, the parents and in charge of education, to

prevent and solve behavioural and learning problems.

Article 9.

School-living

The school's rules of discipline, in addition to its own effects, should provide

the assumption, by all those who integrate the life of the school, of rules of coexistence that

ensure the fulfillment of the objectives of the educational project, the harmony of relations and the

social integration, the full physical, intellectual, civic and moral development of the students and the

preservation of the safety of these and still the professional and personal achievement of the lecturers and

non-lecturers.

Article 10.

Intervention of other entities

In the face of a danger to the health, safety or education of the minor student, it must the

Executive Council or the director of the school diligenar to terminate you, by the means

strictly adequate and necessary and always with preservation of the intimacy of life

private of the student and his / her family, and may request the cooperation of the public authorities,

private or supportive persons, namely, of the Segura School, of the Commission of

30

Protection of Children and Young People or the representative of the Public Prosecutor's Office with the court

competent in the matter of minors.

Article 11.

Registration

The act of matriculation, in accordance with the legal provisions that regulate it, confers the

status as a student, which, in addition to the rights and duties enshrined in this Law,

integrates, equally, those that are contemplated in the school's internal regulation.

CHAPTER III

Student rights and duties

Article 12.

National values and culture of citizenship

In the development of national values and a culture of citizenship capable of

to foster the values of the human person, democracy, responsible exercise, the

individual freedom and national identity, the student has the right and the duty to know and

to actively respect the values and fundamental principles inscribed in the Constitution of the

Portuguese Republic, the Flag and the Hino, while national symbols, the Declaration

Universal of Human Rights, the European Convention on Human Rights and the

Convention on the Rights of the Child, while matrix of values and principles of

affirmation of humanity.

Article 13.

Student rights

The student is entitled to:

a) Enjoy the teaching and a quality education according to the one provided in the

law, in conditions of effective equality of opportunity in access, so as to

31

to propitiate the achievement of successful apprenticessees;

b) Enjoy the environment and the educational project that provide the conditions for

their full physical, intellectual, moral, cultural and civic development, for the

formation of your personality and your ability to self-learn and to

conscious criticism of the values, knowledge and aesthetics;

c) See recognized and valued the merit, dedication and effort at work and in the

school performance and be stimulated in that sense;

d) See acknowledged commitment to meritorious actions, in favour of the community

in which it is inserted or from society in general, practiced in school or outside of it, and

be stimulated in this direction;

e) Enjoy a suitable school hours of the year frequented, as well as from a

balanced planning of curricular and extracurricular activities,

particularly those that contribute to the cultural development of the

community;

f) Benefit, within the framework of school social action services, of concrete supports

that allow you to overcome or compensate for the socio-family type caries,

economic or cultural that make it difficult to access the school or the process of

learning;

g) Benefit from other specific supports, necessary to your needs

to school or to their apprenticeshages, through the services of psychology and

guidance or other specialized educational support services;

h) Be treated with respect and correction by any member of the community

education;

i) See safeguarded to your safety in school and respected your physical integrity and

moral;

j) Be assisted, in a ready and appropriate manner, in the event of an accident or sudden illness,

occurred or manifested in the course of school activities;

k) See guaranteed the confidentiality of the elements and constant information of your

individual process, of a personal or family nature;

l) Participate, through their representatives, in the terms of the law, in the organs of

administration and management of the school, in the creation and implementation of the respective project

32

educational, as well as in the drafting of the internal regulation;

m) Electing your representatives to the organs, positions and too many functions of

representation within the scope of the school, as well as being elected, under the law and the

internal regulation of the school;

n) Present critiques and suggestions regarding the functioning of the school and be heard

by the teachers, class directors and administration and management bodies of the

school in all matters that justifiably are in your interest;

o) Organize and participate in initiatives that promote the training and occupation of

free times;

p) Participate in the drafting of the school's internal regulation, get to know it and be

informed, in appropriate terms at your age and the year frequented, about all the

subjects that justifiably are in their interest, particularly on the

mode of organization of the plan of study or course, the programme and objectives

essential of each discipline or disciplinary area, and the processes and criteria of

assessment, as well as about tuition, family allowance and socio-educational supports,

standards for the use and safety of materials and equipment and of the

facilities, including the emergency plan, and, in general, on all the

activities and initiatives concerning the educational project of the school;

q) To participate in the other activities of the school, under the law and the respective

internal regulation.

Article 14.

Representation of pupils

1-Students, who can meet in assembly of pupils, are represented by the

delegate or subdelegate of the respective class and the assembly of class delegates,

under the terms of the law and the internal regulation of the school.

2-The delegate and the class subdelegate have the right to request to hold meetings

of the class with the respective class manager or with the class-holder teacher for

assessment of subjects related to the workings of the class, without prejudice to the

compliance with the lective activities.

33

3-On the initiative of the students or on their own initiative, the class director or the

teacher-holder of class may request the participation of the parents ' representatives and

commissioned education of the students of the class at the meeting referred to in the preceding paragraph.

Article 15.

Duties of the student

The student has the duty, without prejudice to the provisions of Article 7 and of the remaining prescribed duties

in the internal regulation of the school, of:

a) Studying, engaging in your education and full training;

b) Be assorted, punctual and committed to the fulfillment of all your duties in the

scope of school activities;

c) Follow the teachers ' guidelines regarding their teaching process and

learning;

d) Treat with respect and correction any member of the educational community;

e) Be loyal to your teachers and colleagues;

f) Respect the instructions of the teaching staff and non-lecturer;

g) To contribute to the harmony of school coexistence and to full integration in

school of all students;

h) Participate in the educational or formative activities developed in the school, well

as in the remaining organisational activities requiring the participation of the

students;

i) Respect the physical and moral integrity of all members of the community

education;

j) Provide aid and assistance to the remaining members of the educational community, from

agreement with the circumstances of danger to the physical and moral integrity of the

same;

k) To ensure the preservation, conservation and asbreast of the facilities, teaching material,

furniture and green spaces of the school, making correct use of it;

l) Respect the ownership of the assets of all members of the educational community;

m) Stay in school during your time, unless written authorization from the

34

in charge of education or the direction of the school;

n) Participate in the election of their representatives and provide them with all the collaboration;

o) Know the standards of operation of school services and the regulation

internal of the same and fulfil them punctually;

p) Not to possess and not to consume addictive substances, in particular drugs, tobacco and

alcoholic beverages, nor promote any form of trafficking, facilitation and

consumption of them;

q) Do not carry any materials, technological equipment, instruments or

resourcefulness, liable to, objectively, disturb the normal functioning of the

lective activities, or being able to cause physical or moral damage to pupils or the

third parties;

r) [ Repealed ].

Article 16.

Individual student process

1-The individual student's process accompanies him throughout his entire school pathway,

being returned to the parents or in charge of education or, if higher of age, to the student,

in the term of compulsory education, or, not by checking for interruption in the

further studies, at the conclusion of the secondary education.

2-Are recorded in the individual student's process the relevant information of their

educational pathway, specifically those relating to meritorious behaviours and the

applied sanctionary disciplinary measures and their effects.

3-[ Revoked ].

4-The information contained in the individual student's process regarding matter

discipline and of a personal and family nature are strictly confidential, finding-

if bound to the duty of secrecy all members of the educational community who

have access.

CHAPTER IV

Duty of assiduity

35

Article 17.

Frequency and assiduity

1-In addition to the duty of attendance of compulsory education, under the law, the

students are responsible for the fulfillment of the duty of attendance.

2-Parents and instructs of education of underage pupils are responsible

jointly with these for the performance of the duties referred to in the preceding paragraph.

3-The duty of assiduity implies for the student wants presence in the classroom and too much

places where school work develops, wants an attitude of intellectual commitment and

appropriate behaviourage, according to their age, to the teaching process and

learning.

4-A is the lack of the student's absence from a class or the other compulsory attendance activity,

or optional if there has been place the inscription, with registration of that fact in the book of

point, or of frequency, by the teacher, or in other appropriate administrative supports,

by the class director.

5-Decorrating classes in consecutive times, there are as many tales as the times of

absence of the student.

6-The procedure biased to the justification of the flawed resulting from the fact that the student is not

make following up on the material necessary for school activities and their effects

arising from the possible injustification, are defined by the internal regulation of the

school.

Article 18.

Faltas justified

They are justified as given by the following reasons:

a) Student's illness, and this must be declared by physician to determine

impediment greater than five working days;

b) Prophylactic insulation, determined by infectious disease of person who

coabite with the student, proven through declaration by the health authority

36

competent;

c) Family demise, during the legal period of justification for missing by

family demise provided for in the status of civil servants;

d) Birth of brother, during the day of birth and the day immediately

later;

e) Carrying out ambulatory treatment, by virtue of illness or disability, which

may not be carried out outside the period of the lective activities;

f) Assistance in the disease to a member of the household, in cases where,

demonstrably, such assistance may not be provided by any other

person, in terms to be defined in the respective internal regulation;

g) Act arising from the religion professed by the student, as long as the same cannot

take place outside the period of the lective activities and correspond to a practice

also recognized as a own of that religion;

h) Participation in sports evidence or cultural events, in the terms of the legislation

in force;

i) Participation in associative activities, under the law;

j) Compliance with legal obligations;

l) Another impediment to the presence at the school, provided that, demonstrably, no

is attributable to the student or is, justifiably, deemed to be attentive by the

class director or by the class-holder teacher.

Article 19.

Justification of falters

1-The request for the justification of the flawed is submitted in writing by the parents or in charge

of education or, when the student is greater of age, by the class director himself

or to the holder teacher of the class, with indication of the day, time and of the lective activity in

that the lack occurred, referencing the justifying reasons of the same in the booklet

school, addressing a basic education student, or in print of their own, treating themselves

secondary school student.

2-[ Revoked ].

37

3-[ Revoked ].

4-The class director, or the titular teacher of the class, shall request, to the parents or

in charge of education, or to the student, when greater, the additional proving that

understand necessary to the justification of the lack, and shall also owe any entity that

to this effect are contacted, collaborate on the discovery of the truth.

5-A justification of the lack must be submitted beforehand, the foreseeable reason being, or,

in the remaining cases, until the 5 the working day subsequent to the verification of the same.

6-[ Revoked ].

Article 20.

Unjustified flawing

The fallout is considered unjustified when for them it has not been presented

justification, or when the justification presented has been out of the deadline, or does not have

been accepted, owing such injustification, duly substantiated, to be communicated, in the

term of five working days, to parents or in charge of education or, when higher-age,

to the student, by the class director or by the class-holder teacher.

Article 21.

Limit of unjustified fallout

1-The unwarranted lines may not exceed, in each academic year, double the number of

days of the weekly schedule, at the 1 th cycle of the basic education, or triple the number of times

weekly lectuals, by discipline, in the 2 and 3 cycles of basic education, in teaching

secondary and in recurrent education.

2-When a third of the unjustified fallow limit is reached, the school informs the

respective in-charge of education by the means it deems most appropriate.

3-When two thirds of the limit of unjustified failure is reached, the parents and

in charge of education or, when higher of age, the student, are summoned, by the

medium more expeted, by the class director or by the class-holder teacher, with the

objective to alert themselves to the consequences of the situation and to find a solution

38

that allow to ensure the effective compliance of the duty of frequency.

Article 22.

Effects of unjustified phalps

1-In the situations referred to in Article 21 (2) and (3), the School shall promote the

application of the measure or corrective measures provided for in Article 26 that show

suitable, considering also what is contemplated in the internal regulation.

2-Outdated the limit of unwarranted failure and without prejudice to the provisions of the number

previous, the student must carry out a proof of equivalence to the frequency, in the discipline or

disciplines in which it has surpassed that limit, competing for the pedagogical council to fix

the terms of that realization.

3-When the student does not obtain approval in the evidence referred to in the preceding paragraph, it is in a

of the situations set out in the following points, unless otherwise decided by the council

pedagogical, preceding opinion of the class council and considering the results

obtained in the ensemble of the disciplines and the effects of the measures referred to in paragraph 1:

a) Retention of the student who is entered in the scope of compulsory education or the

attend the basic education, which consists of its maintenance, in the academic year

next, in the same year of schooling that you attend;

b) Exclusion of the student who finds himself out of compulsory education, to which

consists of the impossibility of this student to attend, until the end of the academic year in

course, the discipline or disciplines in respect of which it has not obtained approval in the

said proof.

4-With the approval of the student in the evidence provided for in paragraph 2, the same takes up his / her pathway

normal school, without prejudice to what comes to be decided by the school, in terms

strictly administrative, in respect of the number of missing

unjustified.

CHAPTER V

Discipline

39

SECTION I

Infringement

Article 23.

Qualification of infringement

The violation by the student of some of the duties provided for in Article 15 or in the Regulation

internal of the school, in terms that are revealing disturbing of the normal functioning of the

activities of the school or the relationships within the educational community, constitutes

infringement, liable to the application of corrective measure or sanctionatory disciplinary measure,

in the terms of the following articles.

SECTION II

Corrective measures and sanctionatory disciplinary measures

Article 24.

Purposes of corrective measures and sanctionatory disciplinary

1-All corrective measures and sanctionatory disciplinary measures continue

pedagogical, preventive, deterrent and integration purposes, targeting, in a way

sustained, the fulfillment of the student's duties, the preservation of recognition of the

authority and safety of teachers in the exercise of their professional activity and, of

deal with their duties, of the remaining employees, aiming still at normal

further the activities of the school, the correctness of the disturbing behaviour and

the enhancement of the student's civic training with a view to the balanced development of the

your personality, from your ability to relate to others, to your full

integration into the educational community, its sense of responsibility and its

apprenticeship.

2-The sanctionatory disciplinary measures, taking into account the special relevance of duty

violated and gravity of the offence practiced, continue equally, in addition to the

identified in the previous number, punitive purposes.

40

3-The corrective measures and sanctionatory disciplinary measures, shall be applied in

coherence with the educational needs of the student and with the objectives of his / her

education and training, in the framework, as far as possible, of the development of the plan

of the working of the class and the educational project of the school, and in the terms of the respective

internal regulation.

4-[ Revoked ].

Article 25.

Determination of the disciplinary measure

1-In the determination of the corrective measure or applicable sanctionatory disciplinary measure

must be taken into account, the seriousness of the breach of the violated duty, the age

of the student, the degree of guilt, his / her previous school use, the family medium and

social in which the same is insere, its disciplinary background and all too much

circumstances in which the offence was practiced that militarily against or in its favour.

2-[ Revoked ].

3-[ Revoked ].

Article 26.

Corrective measures

1-The corrective measures are continuing the objectives referred to in Article 24 (1),

taking on an eminently wary nature.

2-Are corrective measures, without prejudice to others that, by obeying the provisions of the

previous number, come to be contemplated in the school's internal regulation:

a) [ Repealed ];

b) The order of exit from the classroom;

c) The realization of tasks and activities of school integration, and may, for that

effect, be increased the period of mandatory, daily or weekly stays, of the

student at the school;

d) The inhibition of access to extracurricular activities;

41

e) The conditioning in access to certain school spaces, or in the use of

certain materials and equipment, without prejudice to those found to be affections to

lective activities.

f) The change of class.

3-Outside of the classroom, any teacher or non-teaching employee, has competence

to warn the student, confronting him verbally with disturbing behavior

of the normal operation of the activities of the school or the relations within the

educational community, warning him that he should avoid such conduct.

4-A The application of the corrective measure of the classroom exit order, is the exclusive

competence of the respective teacher and implies the permanence of the student in the school,

competing that one, determine, the length of time during which the student must

remain outside the classroom, whether the application of such a corrective measure carries out or not

the marking of lack to the student and which activities, if any, that the student should

develop in the course of that period of time.

5-A application, and subsequent implementation, of the corrective measures provided for in the 5-A d) and e)

of paragraph 2, may not exceed the period of time corresponding to one academic year.

6-Compete to school, within the framework of the internal regulation, identify the activities, place and

period of time during which the same occurs and, well thus, define the

competences and procedures to be observed, with a view to application and further

implementation, of the corrective measure provided for in the paragraph c) of paragraph 2.

7-Obey equally to the provisions of the preceding paragraph, with due adaptations, the

application and subsequent implementation of the corrective measures, provided for in points d ), e) and f)

of paragraph 2.

8-A implementation of the corrective measures provided for in points c) , d) , e) and f) of paragraph 2 is

communicated to the parents or in charge of education, addressing the minor student of

age.

Article 27.

Sanctionatory disciplinary measures

1-The sanctionatory disciplinary measures translate a disciplinary censorship of the

42

behaviour taken by the pupil, owing to the occurrence of the facts in which such

behavior translates, be participated, by the teacher or employee who the

has witnessed or from her had knowledge, immediately, to the respective class director,

for the purposes of the subsequent communication to the President of the Executive Council or to the

director of the school.

2-Are sanctionatory disciplinary measures:

a) [ Repealed ];

b) The registered reprimand;

c) The suspension of the school up to 10 working days;

d) The transfer of school;

e) The expulsion of the school.

3-A The application of the sanctionatory disciplinary measure of registered reprimand is from the

competence of the respective teacher, when the offence is practiced in the classroom,

or of the President of the Executive Council or the Director, in the remaining situations,

averaging in the respective individual process of the student, the identification of the author of the

decision-making, date on which the same was delivered and the de facto statement of reasons and of

right that guided such a decision.

4-A decision to apply the sanctionatory disciplinary measure of school suspension up to 10

working days, is preceded by the hearing in self of the target pupil, of which they are listed, in terms

concrete and precise, the facts that are imputed to it, the duties by it violated and the

express reference, not only from the possibility of pronouns on those

facts, such as from the elaborate defence, being competent for its application the President

of the Executive Council or the director of the school, who may, in advance, hear the

Board of Turma.

5-Compete to school, ears, when possible, the parents or the education in charge of the

student, when underage, lay down the terms and conditions in which the application of the

sanctionatory disciplinary measure referred to in the preceding paragraph shall be executed, may

also, if so to understand, and to that effect, establish any partnerships or

celebrate protocols or agreements with public or private entities.

6-The effects arising from the phalings given by the student in the course of the period of implementation

of the suspension penalty of the school up to 10 working days, with regard to, inter alia, your

43

assiduity and evaluation, are determined by the school.

7-A The application of the sanctionatory disciplinary measure of the school transfer reports to the

practice of notoriously impetuous facts of continuing the teaching process-

learning from the remaining students of the school, or from the normal relationship with some

or some of the members of the educational community.

8-A The application of the sanctionatory disciplinary measure of expulsion, reports to

doleful behaviors that, by their particular gravity or reiteration, make it impossible to

definite form the continuity of the teaching process-learning and inherent

stay of the student at school, having as direct effects the retention of the student in the year

of schooling that attends on the date of the application of the sanction and its impediment of whether

matricular, in that academic year, in any other public education establishment, not

recognizing the educational administration any effect of the frequency, by the same

period, of establishment of private or co-operative education.

9-Regarding pupils who find themselves covered by compulsory education, the

sanctionatory disciplinary measure referred to in the preceding paragraph is replaced by the de

transfer of school.

Article 28.

Cumulation of disciplinary measures

1-A implementation of the corrective measures provided for in points b) a f) of Article 26 (2) is

cumulable with each other.

2-A The application of one or more of the corrective measures is cumulable only with the

application of a sanctionatory disciplinary measure.

3-Without prejudice to the provisions of the preceding paragraphs, for each offence only may be

applied a sanctionatory disciplinary measure.

Article 29.

[ Revoked ]

44

Article 30.

[ Revoked ]

Article 31.

[ Revoked ]

Article 32.

[ Revoked ]

Article 33.

[ Revoked ]

Article 34.

[ Revoked ]

Article 35.

[ Revoked ]

Article 36.

[ Revoked ]

Article 37.

[ Revoked ]

Article 38.

[ Revoked ]

Article 39.

[ Revoked ]

45

Article 40.

[ Revoked ]

Article 41.

[ Revoked ]

Article 42.

[ Revoked ]

Section IV

Disciplinary Procedure

Article 43.

Disciplinary competencies and procedural plotting

1-Without prejudice to the provisions of Article 27 (3) in which the competence is of the teacher

of the class, the competence for the establishment of disciplinary procedure by

behaviors that are likely to set up the application of some of the measures

sanctionary disciplinary measures provided for in the ( c) , d) and e) of Article 27 (2), is of the

Chairman of the Executive Council or Director, and the dispatcher shall be appointed

delivered within one business day, counting from the concrete knowledge and precise of the

situation.

2-A application of the sanctionatory disciplinary measures of transfer of school and of

expulsion is from the competence of the respective Regional Director of Education, observing-

if, in procedural terms, in the situations which, in the abstract, can justify that

application, the rules set out in the following numbers.

3-The functions of instructor, of the teacher who for the purpose is named, prevail

relatively to the rest, and the process is to be referred to the Director's decision

Regional of Education, within eight working days, after the appointment of the instructor.

4-Finda the instruction, in the course of which the proof is reduced in writing, is drawn up to

accusation, from where it appears, in an articulated manner and in concrete and precise terms, the

46

facts whose practice is imputed to the student, duly circumstantiated in terms of

time, mode and place and duties by it violated, with reference expressed to the

respective legal or regulatory normations, their disciplinary antecedents and

applicable sanctionatory disciplinary measure.

5-From the aforementioned charge, it is extracted copy and handed over to the student at the time of his

notification, being of such a fact informed the parents or the respective in-charge of

education, when the student is underage.

6-For the purpose of the exercise of the right of defence, the student has two working days to

claim in writing whatever you have for convenient, and may attach documents and arrolar

witnesses up to the limit of three, being the presentation of the same, on the day, time and place

that for the purposes of your hearing is designated by the instructor, the responsibility of the

student, under penalty of not being heard.

7-Finda the phase of the defence is drawn up a final report, of which it is stated, the correct

identification of the facts that had been imputed to the student who consider themselves

proved and the proposal of the sanctionatory disciplinary measure to be applied, or of the

archiving of the process, owing to the analysis and valorisation of all the evidence collected being

carried out under the provisions of Article 25.

8-After completed, the process is delivered to the President of the Executive Council or to the

director who convene the Board of Turma to comment, when the measure

sanctionary disciplinary proposal proposed by the instructor is one of those referred to in paragraph 2.

Article 44.

Participation

1-The teacher or employee of the school who, in the situation referred to in Article 39 (1),

understand that the witnessed behavior is liable to be qualified from severe or

very serious participates him to the class director, for the purposes of disciplinary procedure.

2-The class director or the titular teacher who understands that the behaviour

witnessed or participated in is liable to be qualified from serious or very serious

participates in it to the chairman of the executive board or director, for the purposes of

disciplinary procedure.

47

Article 45.

Introduction of the disciplinary procedure

Seniors who are or participated in the facts which are liable to constitute infringement

discipline, the chairman of the executive board, or the director, has competence to

to institute the disciplinary procedure, and shall do so within one working day, by appointing

soon the instructor, who must be a teacher of the school, save any impediment.

Article 46.

Tramping of the disciplinary procedure

1-A The instruction of the disciplinary procedure is reduced to written and completed on time

maximum of five working days counted from the appointment date of the instructor, being

mandatorily carried out, in addition to the remaining steps deemed necessary,

the oral hearing of the concerned, in particular of the student and, being minor, of the respective

in charge of education.

2-Applies to the hearing the provisions of Article 102 of the Code of Procedure

Administrative, being the interested parties summoned in the minimum advance of two

working days.

3-Finda the instruction, the instructor prepares the reasoned report, of which it consents to

qualification of the behaviour, the weighting of mitigating circumstances and

aggravants of disciplinary liability, as well as the proposal for the application of the

disciplinary measure deemed appropriate or, alternatively, the proposal of

archiving of the process.

4-The report of the instructor is referred to the Chairman of the Executive Board or the Director,

that, in accordance with the disciplinary measure to be applied and the competences for this, exercises by

si the disciplinary power or convene, to that effect, the disciplinary class council, which

must meet within a maximum of two working days.

5-The disciplinary procedure initiates and develops as a matter of urgency, and

priority over the other current procedures of the school.

48

Article 47.

Preventive suspension of the student

1-At the time of the introduction of the disciplinary procedure, upon decision of the entity

that has instituted it, or in the course of its instruction, by proposal of the instructor, the student may

be suspended preventively from the frequency of the school, upon dispatch

substantiated to be delivered by the President of the Executive Council or the Director, if the

presence of it in the school if it proves to be severely disruptive of the instruction of the process or

of the normal operation of the activities of the school.

2-A The preventive suspension has the duration that the President of the Executive Council or the

director to consider appropriate in the situation in concrete, and may not be more than 10

working days, nor continue beyond the date of the decision of the disciplinary procedure.

3-The effects arising from the phalings given by the student in the course of the suspension period

preventive, with respect to, inter alia, their assiduity and evaluation, they are

determined in function of the decision that the final comes to be handed down in the procedure

discipline, on the terms set out in the internal school regulation.

Article 48.

Final decision of the disciplinary procedure

1-A The final decision of the disciplinary procedure, duly substantiated, and

welcoming, for the purpose, the constant statement of reasons for the instructor's proposal to be aducated in the

terms referred to in Article 43 (7), is delivered within the maximum period of two working days,

to count of the time at which the competent authority to decide it is to receive it, save in the

situation provided for in paragraph 3 in which that time limit is six working days, and it shall appear in that

decision the indication of the moment from which the execution of the penalty begins to produce

effects, or if, instead, that execution is suspended, pursuant to the following number.

2-A implementation of the sanctionatory disciplinary measure, with the exception of that referred to in ( d)

of Article 27 (2), may be suspended for the period of time and in the terms and

conditions in which the decision-maker considers fair, appropriate and reasonable, lapsing

49

as soon as the student is applied another sanctionatory disciplinary measure in the course of that

suspension.

3-From the decision delivered by the respective Regional Director of Education to apply the

Disciplinary disciplinary measure of school transfer, must also appear in

identification of the educational establishment for where the student is going to be transferred, to

whose choice proceeds in advance to the hearing of the respective officer in education,

when the student is underage.

4-A The final decision of the procedure is notified personally to the student on the following business day

to the one in which he was handed, or, when an underage, to the parents or the respective

in charge of education, in the following five working days, being by letter

registered with notice of receipt, whenever it is not possible to carry out through

in that way, considering, in this case, the notification made on the date of

signature of the reception notice.

5-[ Revoked ].

Article 49.

Implementation of the disciplinary measure

Implementation of corrective measures or sanctionatory disciplinary

1-Compete to the class director or the teacher-holder of the class, the follow-up to the

student in the execution of the corrective or disciplinary measure sanction to which he was subjected,

owing that articular to their performance with parents and in charge of education and with

the teachers of the class, depending on the educational needs identified and

how to ensure the co-accountability of all actors in the effects

educational of the measure.

2-A The competence referred to in the preceding paragraph is especially relevant when

implementation of the corrective measure of integration activities in the school or at the moment

of the return to the school of the student to whom the sanctionatory disciplinary measure of

suspension of the school.

3-The provisions of the preceding paragraph shall also apply when integrating the student into the

new school for which it was transferred following the application of that disciplinary measure

50

sanctionatory.

4-In the pursuit of the purposes referred to in paragraph 1, the school relies on the collaboration of the

specialized educational support services and or integration teams to be defined in the

internal regulation.

Article 50.

Hierarchical feature

1-From the final decision of the disciplinary procedure it is up to hierarchical appeal in the general terms

of law, to be interacted within five working days.

2-The hierarchical resource has no suspensive effect, except when interposed decision

of application of the sanctionatory disciplinary measures of transfer of school and of

expulsion from the school.

3-[ Revoked ].

4-[ Revoked ].

Article 51.

Intervention by parents and in charge of education

Between the time of the introduction of the disciplinary procedure to your educating and your

conclusion, parents and in charge of education should contribute to the correct

fact-finding of the facts and, being applied sanctionatory disciplinary measure, to exercise to

that the implementation of the same pursuits the objectives of strengthening the civic training of the

educating, with a view to the balanced development of your personality, of your

ability to relate to others, from their full integration into the community

education, from your sense of responsibility and your apprenticesmanlike.

CHAPTER VI

Internal regulation of the school

51

Article 52.

Subject matter of the internal rules of the school

1-Without prejudice to the situations in which in this Statute expressly refers to the

internal regulation of the school, the latter has the object, the development of the provisions of the

present law and too much statutory legislation and suitability for the reality of the

school of the rules of coexistence and resolution of conflicts in the respective community

educational, with regard to, inter alia, the rights and duties of the students inherent in the

specificity of school living, the adoption of uniforms, the use of the facilities

and equipment, access to facilities and school spaces, recognition and

valorisation of merit, dedication and effort in school work, as well as of the

performance of meritorious actions in favor of the community in which the student is entered

or of society at large, practiced in school or outside of it, and must still be

contemplated in the internal regulation the rules and procedures to be observed in matter

of delegation of the powers provided for in this Statute, of the President of the Council

Executive or director, in the remaining members of the governing body or on the board of

class.

2-[ Revoked ].

Article 53.

Drafting of the school's internal regulation

The internal regulation of the school is drawn up under the terms of the autonomy regime,

administration and management of the establishments of preschool education and basic teaches and

secondary, approved by the Decree-Law No. 115 -A/98 of May 4, owing in that

elaboration to participate in the school community, in particular through the operation of the

assembly of the school.

52

Article 54.

Disclosure of the school's internal regulation

1-The internal regulation of the school is advertised in school, in visible and appropriate place, and

provided free of charge to the student, when he starts the school attendance and whenever the

regulation is the subject of updating.

2-Parents and in charge of education shall, in the act of the matriculation, under the terms of the

k) from Article 6 (2), know the internal regulation of the school and subscribe, by doing

subscribe equally to their children and educandums, annual statement, in duplicate, of

acceptance of the same and active commitment as to its full compliance.

CHAPTER VII

Final and transitional provisions

Article 55.

Civil and criminal liability

1-A corrective measure application or sanctionatory disciplinary measure, provided for in

present law, it does not exempt the student and the respective legal representative from liability

civil to which, in the general terms of law, there will be place, without prejudice to the clearance of

possible criminal liability arising from it.

2-[ Revoked ].

3-When the behavior of the 16-year-old student, who is likely to

trigger the application of sanctionatory disciplinary measure, if it can constitute,

simultaneously, as a qualifable fact of crime, should the direction of the school

communicate such a fact to the child and youth protection commission or to the representative of the

Prosecutor's Office with the competent court in the matter of minors, as per the

student has, at the date of the practice of the fact, less than 12 or between 12 and 16 years, without prejudice

of the appeal, for reasons of urgency, to the police authorities.

4-When the criminal procedure by the facts to which you rent the previous number depend

of grievance or particular charge, competing this right to the very direction of the

53

school, it must its exercise grounded in reasons that ponder, in concrete, the

interest of the educational community in the development of the criminal procedure

in the face of the interests concerning the training of the student in question.

Article 56.

Subsidiary legislation

In everything that is not found specially regulated in this Law, it applies

subsidiary to the Code of Administrative Procedure.

Article 57.

Disclosure of the Statute

The present Statute shall be of the knowledge of all members of the community

educational, applying to its disclosure the provisions of Article 53.

Article 58.

[ Revoked ]

Article 59.

Succession of schemes

The provisions of this Law shall apply only to the situations constituted after it is entered into

vigour.

Article 60.

Abrogation standard

The Decree-Law No. 270/98 of September 1, without prejudice to the provisions of the article, is hereby repealed.

previous, and Articles 13 to 25 of the Decree-Law No. 301/93 of August 31.