1 PROPOSAL of law No. 271/X explanatory statement the right to education is, today, in modern societies is a fundamental right of citizenship, that depends on the effective exercise of other rights. It is, therefore, to ensure each and every one of our citizens equal opportunities to fully exploit its capabilities and to acquire the skills and knowledge that promote your personal development and enable them to give an active contribution to society in that integrate. In this sense, the program of the XVII constitutional Government has defined as national urgency to integrate all children and young people at school, and the high level of education and qualification of the next generations. To this end, has established as objectives the progressive extension of pre-school education to all children in suitable age and the extension of basic education up to the end of the secondary level, making mandatory the frequency of teaching or training until the age of 18 years, even for young people which are inserted into the employment market. Over four years in Office, the Government has taken a wide range of measures to achieve these objectives. The reorganization of the school network of the first cycle of basic education, carried out in collaboration with local authorities, resulted in the closure of more than 2000 small isolated schools and the concentration of children in schools and in particular in schools, the construction of which was funded, in part, by the National strategic reference framework 2007-2013 (NSRF). Thus, it was possible to strengthen the integration of pre-school education in the network of establishments of primary education and expand their coverage. To this end, initiatives have also been launched specifically aimed at construction of rooms intended for pre-school education, responding to the needs that are felt with greater accuracy in some regions of the Country. This effort has been carried out in partnership with the municipalities. In addition, to reinforce the learning opportunities of children attending pre-school education, the Ministry of Education published guidelines that allow you to consolidate curriculum 2 your pedagogical relevance and your contribution to the future educational success of children. The Government has taken various measures to promote the success and prevent drop-outs in basic education. Besides establishing new rules that created conditions for schools to work more and better organizing its resources properly (for example the new management regime or stabilization of the faculty); measures have been taken with direct consequences on quality of learning (such as the replacement classes; recovery plans and development; the universalization of mock a-levels; the Math action plan and the national plan for reading; the programmes of in-service training of teachers). With these measures and the extension of the offer of Training education courses, aimed in particular at young people at risk of early school leaving, it was possible to significantly reduce the rates of failure and abandonment. Setting the education or training of secondary level as the reference level for qualification of the Portuguese population, the Government has taken initiatives, addressed both to young people and to adults, to generalize as soon as possible this level of qualification. The new opportunities initiative, which has sparked a huge accession of Portuguese society, both education and training institutions, as companies and citizens, opened a new possibility of obtaining a secondary level qualification through recognition, validation and certification of skills acquired by experience and by insertion in the labour market. Under school, have developed special types of secondary school completion and created a wide network of professional courses in public high schools, which allowed reverse the trend of losing students, by providing training to young people to enable them to integrate more qualified for the job market. The Government launched an ambitious program of modernization of public secondary schools that qualify the facility of more than 300 schools by 2015. The timetable for implementation of this programme, financed in part with funds from the NSRF was recently anticipated, within the framework of measures to combat the impact of the international economic and financial crisis in Portugal. In this way, the school Park will be in a position to meet the challenges of a growing number of young people qualify and 3 provide a more diversified educational offer, in which vocational should play a key role. Aware that the promotion of qualification of the Portuguese population requires the strengthening of social support to families of children resources, the Government has determined to pay the thirteenth provision of child benefit (coinciding with the beginning of the school year) and an unprecedented enlargement of social action. First, equating the support provided in basic education and in secondary education and reinforcing the economic aid amounts, then changing the criteria for the award of support, so that the number of beneficiaries has more than doubled. In addition, created the city bus pass, subsidizing the transportation of all children and young people of school age. All these measures are designed and implemented with a view to the effective implementation of the objectives set out in the Government's Program. Lack, however, now of the appropriate legislative framework that ensures your continuation and development, towards the universalization of preschool education and the definition of professional education or training of secondary level as a fundamental level of qualification. We must, therefore, establish in law the generalization of pre-school education free for all children of five years and the extension of compulsory education to 12 years and up to 18 years. In addition, the Government will adopt measures to strengthen the social support to families, creating the conditions for the effective fulfilment of this obligation. With such decisions, consolidate the foundations for the construction of a more skilled and competitive society, but also more fair and more empowered to achieve equal opportunities. Were heard the Government organs of the autonomous region of Madeira. Were triggered the consultations with government organs of the autonomous region of the Azores and the National Council of education. 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 4 1 Object-this law establishes the regime of compulsory education for children and young people who are of school age. 2-this Law enshrines the universality of pre-school education for all children from the year in which they reach the age of five. Article 2 scope of compulsory school 1-for the purposes provided for in paragraph 1 of the preceding article, shall be deemed to be of school age children and young people between the ages of six and 18 years. 2-the provisions of the preceding paragraph shall also apply to students covered by the provisions of Decree-Law No. 3/2008, of 7 January, amended by law No. 21/2008, of May 12. 3-the compulsory education implies, for the guardian, the duty to carry out the registration of your student in public schools, private and cooperative network or in institutions of education and training, or recognised by the competent authorities, to the student, the duty of attendance.
4-the compulsory schooling ceases: a) With obtaining the diploma of secondary-level lecturer course of education; or (b)) regardless of obtaining the diploma of any cycle or level of education, at the time of the school year in which the student reaches 18 years. 5-the procedures required for the implementation of the duty to carry out the registration and renewal are defined by order of the Member of Government responsible for the area of education. Article 3 Universality and charge 1-within the framework of compulsory education is universal and free education.
5 2-the charge referred to in the preceding paragraph covers tuition, fees and charges relating to the registration, and certification of school attendance, with students still support under the social action, under the provisions of Decree-Law No. 55/2009, of 2 March. 3-students covered by this law, in case of need, are beneficiaries of the grant of financial support, in the form of scholarships, on terms and conditions to regulate by Ordinance. Article 4 admission to the work of less covered by the compulsory education the less than under the existing labour legislation, holds capacity to enter into a contract of employment and is not in the situation referred to in (a)) of paragraph 4 of article 2, may be admitted to provide work, since, at the same time, is enrolled and attending compulsory education. Article 5 pre-school education 1-the pre-school education is universal for all children from the year in which they reach the age of five.
2-the universality laid down in the preceding paragraph implies, for the State, the duty to ensure the existence of a network of preschool education that allows the registration of all children covered and to ensure that this takes place in frequency of charge of the educational component, and to the parents ' duty to proceed to registration of their students in kindergarten and to ensure their frequency. Article 6 amendment to law No. 46/86 of 14 October the article 4 of law No. 46/86 of 14 October (law of the education system), as amended by laws Nos 115/97, of September 19, and 49/2005, of 30 August, the matter shall be replaced by the following: ' article 4 6 [...] 1 - [...]. 2 - [...]. 3 - [...]. 4 - [...]. 5-the provisions of this law shall be without prejudice to the definition of a broader regime with regard to universality, obligatory and charge in General Organization of the education system, in accordance with the law.»
Article 7 additional Legislation the Government approves, in the form of an Ordinance, the complementary legislation necessary for the implementation of this law governing, inter alia, universality of pre-school education in respect of children who reach the age of five, the monitoring of registration duties and often in relation to students covered by the compulsory education and the terms and conditions under which the latter may be allowed to provide work. Article 8 the following shall be repealed: the set Standard) paragraph 4 of article 6 of law No. 46/86 of 14 October (law of the education system), as amended by laws Nos 115/97, of September 19, and 49/2005, of 30 August; b) articles 1, 2, 3, 5, 6 and 7 of Decree-Law No. 301/93, of 31 August, amended by law No. 30/2002, of 20 December.
7 article 9 transitional provision 1-students currently covered by compulsory school enrolling in the 2009-2010 academic year, in any of the years of schooling of 1 or 2 cycles or in the 7th grade level, are subject to compulsory education, as provided for in this Act. 2-for students enrolling in the school year of 2009-2010, the 8th year of schooling and following, remain in force legal provisions repealed by this law, being the limit of compulsory schooling as a result of these provisions.
Article 10 entry into force article 5 only comes into force on the date of entry into force of the Ordinance that will regulate.
Seen and approved by the Council of Ministers of April 30 2009 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency