In 2019, the Law of Guidelines and Bases of National Education, also known as LDB 9394/96, received five changes. Are they:
1. Insertion of Article 7-A: religious freedom
In it, with the idea of respecting freedom of belief, students are supported by the law with regard to absences for religious reasons.
They cannot suffer any type of loss for not attending, as long as requested and justified in advance.
It is the responsibility of the educational institution to replace the class or test, which occurred on the day of the student's absence.
2. Amendment and inclusion in Article 12: drug absences and prevention
Item VIII of Article 12 states the obligation to notify the guardianship council of students who present a number of absences above 30% (thirty percent) of what is permitted by law.
In the previous text, the notification should be made after the absences exceed 50% (fifty percent) of the allowed.
In the same LDB article, item XI was included, which aims to promote debate in schools as a means of drug prevention.
3. Amendment to Article 16: institutions supported by the private sector
The article that deals with what is understood to be part of the federal education system. In section II, it presents the higher education institutions maintained (previously created and maintained) by the private sector.
4. Insertion in Article 19: community institutions
Higher education institutions are now classified as public, private and community (new in the text).
In the previous text, community institutions were classified and understood as being private.
Private and community institutions may also qualify as denominational and/or certified as philanthropic.
5. Amendment to Article 44: disclosure of results to all candidates
In the classification tests for higher education, it is mandatory to present data referring to the results of all candidates, regardless of their classification.
Before, the text only presented the need to present the data of the classified candidates.
Check out the Law of Guidelines and Bases in full: LDB 9394/96.
What is the Law of Guidelines and Bases for National Education?
The LDB aims to regulate education in Brazil based on the principles contained in the Constitution.
In its text, the LDB defines and organizes Brazilian education, public or private, from daycare (0-3 years) to higher education.
It also regulates the State's responsibility for education and the performance of various educational institutions, as well as the guiding principles of education in the country.
Origin and History of LDB
Law number 9394 of December 20, 1996 was created with the objective of promoting the regulation of institutions dedicated to education.
It is the result of a wide debate about the molds of education, which could meet the needs of reformulation after the period of redemocratization.
With the publication of the 1988 Constitution, it became necessary to rethink education and define new guiding principles for national education.
The then senator, the anthropologist Darcy Ribeiro, was the editor of the current text approved by Congress. In it, in addition to the determinations on the principles of Brazilian education, tools for the assessment of education in the country were also proposed.
In recent years, the text has undergone some changes, but it maintains its basis and continues to standardize the different levels of education.
- Basic education: early childhood education; elementary school and high school
- University education
The law also provides for some types of teaching:
- distance education;
- special education;
- youth and adult education;
- indigenous education.
See too:School Inclusion: Concept and Challenges
The different versions of LDB
The first version of the LDB (Law 4024/61) was published on December 20, 1961, by the then president, João Goulart.
Later, in August 1971, a new version (Law 5692/71) published by President Emílio Garrastazu Médici during the military regime was presented.
The current version (Law 9394/96) was published by Fernando Henrique Cardoso on December 20, 1996, exactly thirty-five years after the first version.
LDB Structure (Law 9394/96)
The Law of Guidelines and Bases of National Education has ninety-two articles arranged as follows:
- Title I - Education (Article 1)
- Title II - Principles and Purposes of National Education (Articles 2 and 3)
- Title III - The Right to Education and the Duty to Educate (Articles 4 to 7-A)
- Title IV - The National Education Organization (Articles 8 to 20)
- Title V - Levels and Modalities of Education and Teaching (Articles 21 to 60)
- Chapter I - Composition of School Levels
- Chapter II - Basic Education
- Section I - General Provisions
- Section II - Early Childhood Education
- Section III - Elementary School
- Section IV - High School
- Section V - Youth and Adult Education
- Chapter III - Professional Education
- Chapter IV - Higher Education
- Chapter V - Special Education
- Title VI - Of Education Professionals (Articles 61 to 67)
- Title VII - Financial Resources (Articles 68 to 77)
- Title VIII - General Provisions (Articles 78 to 86)
- Title IX - Transitional Provisions (Articles 87 to 92)
See too:
- education in Brazil
- Lesson plan (how to, model and examples)
