President Jair Bolsonaro sanctioned Law 13,803, of 2019, which determines the immediate notification to the tutelary councils, in the case of school absences by elementary or high school students who exceed by 30% the percentage allowed by legislation in force.
Until then, the procedure was provided only when the number of absences exceeded the limit by 50%. According to the Law of Guidelines and Bases (LDB – Law 9.394, of 1996), a student cannot be approved if he/she presents a number of absences greater than 25% of the class hours given in the school year.
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The LDB determines that the school year must have 200 school days. Taking this data into account (which may still vary depending on the distribution of hours in each shift), a student who misses more than 50 days of school cannot be promoted to the next school year. Following this parameter, before the new law, the school should alert the Tutelary Council when the student missed 25 days of class. Now, this notification must be made when the student is absent from school for 15 days.
The legislation also determines that each school has the obligation to monitor the attendance of its students throughout the school year, in accordance with with the planning established by the respective Department of Education, notifying parents and the Tutelary Council in case of absences reiterated.
The bill that amends the current legislation (PLC 89/2018) is by federal deputy Keiko Ota (PSB-SP), with an opinion Favorable by the Committee on Education, Culture and Sport (EC) presented by Senator Cristovam Buarque (PPS-DF). For him, the State needs to anticipate the problem in order to reduce the number of absences and, with this, combat school repetition and dropout. The information is from the Senate Agency.
