A Law guidelines and bases of national education (LDB 9394/96) is the legislation that establishes the guidelines and bases of national education, both in public and private initiatives, from basic education to higher education.
In the Brazilian context, this is the second time that education has a Law of Guidelines and Bases for Education, with regulation at all levels. The first LDB was enacted in 1961 (LDB 4024/61).
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In 2019, the LDB had four changes. The first two took place at the beginning of the year, in January, as follows:
- Law No. 13,796, of January 3, 2019
- Law No. 13,803, of January 10, 2019
Therefore, the amendment was given through Law No. 13,826, of May 13, 2019. And, finally, the amendment to Law No. 13,868, of September 3, 2019.
Law No. 13,796 (January 3, 2019)
Amends Law No. 9,394, of December 20, 1996 (National Education Guidelines and Bases Law), to establish, by virtue of excuse of conscience, benefits alternative to the application of tests and attendance to classes held on guard days religious.
The Law comes into force plus the Art. 7th-A, in which the student is assured the right to be absent from tests and/or classes held on the day when, according to their belief, the exercise of activities is prohibited. This is at no financial cost to the student.
As an example of activities, the legislation cites test or replacement class; written work or other type of research activity, with a theme, objective and delivery date defined by the educational institution.
However, the execution of alternative provision activities will also replace and regularize the attendance record.
However, it is worth noting that this does not apply to military education, as it has its own regulation, as described in Art. 83 of the Law.
The Law entered into force 60 (sixty) days after its official publication.
Law No. 13,803 (January 10, 2019)
Amends provision of Law No. 9,394, of December 20, 1996, to oblige the notification of absences school to the Tutelary Council when they exceed 30% (thirty percent) of the percentage allowed in law.
Prior to the change of Law No. 13,803, the percentage was 50% (fifty percent) of the percentage allowed by law. Now, effective from the date of publication, it becomes 30%.
Law No. 13,826 (May 13, 2019)
Amends Law No. 9,394, of December 20, 1996 (National Education Guidelines and Bases Law), to provide for the disclosure of the result of the selection process for access to higher education courses graduation.
O § 1 of Article 44 states that the higher education institution must disclose the relationship name of the classifieds, the respective ranking order and the schedule of calls for registration. This, according to the criteria for filling the vacancies contained in the public notice.
It also came into effect on the date of publication.
Law No. 13,868 (September 3, 2019)
Amends Laws 4,024, of December 20, 1961, and 9,394, of December 20, 1996, to include provisions relating to community universities.
In September 2019, Articles 16 and 19 of the LDB had additions, while Article 20 was revoked, with the wording of Law No. 13,868.
In II of Art. 16, the word “servant” was removed; already in III of Art. 19 there was an addition to the topic of “community in the form of the law”.
The legislation also came into effect on the date of publication.
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