LAW NO. 14/2008

BASE LAW FOR EDUCATION

On 29 October

Preamble Article 59 of the Constitution of RDTL makes the State responsible for the creation of a public system of education that is universal, mandatory and, as much as possible, free. It also sets that the State acknowledges and supervises private and cooperative education. The Fundamental Law ensures all citizens the right and the equality of opportunities regarding education and professional training, access to the higher levels of education, scientific investigation and artistic creation, in addition to the right to cultural creation and enjoyment, as well as the right to preserve, defend and valorise cultural legacy. The base law for education represents a decisive step towards the establishment of a reference legal framework for the organization, guidance, regulation and development of an education system resulting from the deep changes the Country has been undergoing since its independence. The consecration of the universality of a nine-year mandatory and free basic education, the strengthening of the assurance of equal opportunities in terms of school access and success and the consideration of measures meant for providing effective quality schooling to all citizens, are important landmarks of this law. Therefore the National Parliament decrees the following, under article 95.2 (l) of the Constitution of the Republic of Timor-Leste to prevail as law:

CHAPTER I SCOPE, PRINCIPLES AND MAIN OBJECTIVES

SECTION I

SCOPE AND GENERAL PRINCIPLES

Article 1 Scope and definition

1. The present law establishes the general framework for the education system. 2. Education system is the set of means through which the right to education is

achieved, expressed through the assurance of a permanent training action guided towards the global development of personality, social progress and the democratization of society.

3. The education system is developed through various structures and actions, by

initiative and under the responsibility of different public, private and cooperative agencies and bodies, cooperating among themselves to maintain a balanced and updated network of educational offers, able to provide the

necessary knowledge, skills and values for full individual and professional realization in today’s society.

4. The State shall ensure the availability of duly qualified teachers and human

resources, as well as the necessary infrastructures and financial means to ensure the provision of quality education.

5. The present law applies to the entire national territory.

Article 2

General principles

1. All citizens are entitled to education and culture, under the Constitution of the Republic and the law.

2. The right to education is realized by way of an effective formative action

throughout one’s lifetime, seeking to consolidate a free, responsible and democratic living, destined, with respect for human dignity, to promote:

a) The development of the personality and the individual valorisation based on

merit; b) Equal opportunities and the overcoming of economic, social and cultural

inequalities; c) Social progress.

3. The education system promotes:

a) The development of a democratic and pluralistic spirit, respecting others,

their personalities, ideas and individual life projects, open to the free exchange of opinions and to agreements;

b) The upbringing of citizens able to judge, with a critic and creative spirit, the

society where they live and to take an active part in its development, in more just and sustainable terms.

4. The State is particularly responsible for promoting the democratization of

education, ensuring the right to free and effective equality of opportunities regarding school access and success.

5. When accessing and receiving education, all Timorese are assured the respect of

the principle of freedom to learn and to teach.

Article 3 Freedom to learn and to teach

1. The education system is developed so as to ensure freedom to learn and to teach.

2. The State acknowledges the value of private and cooperative education, as an actual expression of the freedom to learn and to teach.

3. Private and cooperative education is organized and operates according to a

specific statute, with the State being responsible for supporting it in what concerns pedagogical, technical and financial aspects.

4. The State is responsible for licensing, evaluating and verifying private and

cooperative education, within the legal terms.

SECTION II FUNDAMENTAL GOALS

Article 4

Education Policy

1. The education policy has permanent national objectives and requires transparent and consistent drafting and execution.

2. The education policy seeks to guide the education and teaching system, so as to

respond to the needs of the Timorese society, as a result of a quantitative and qualitative analysis towards a global, full and harmonious development of the personality of individuals, encouraging the training of free, responsible and autonomous citizens.

3. The Government is responsible for the education policy, under the Constitution

of the Republic and the present law. 4. The realization of the education policy requires full participation by local

communities, decentralizing competences to local administrations and giving autonomy to schools.

5. The efficiency and effectiveness of the education policy are subjected to a

regular and public assessment, under the present law and further complementary legislation.

Article 5

Essential objectives of education Education seeks in particular the pursuing of the following essential objectives:

a) Contribute towards the personal and community realization of individuals, through the full development of their personality and the shaping of their character, enabling them to reflect conscientiously on ethical, civic, spiritual and aesthetical values, as well as providing them a balanced psychic and physical development;

b) Ensure the cultural, ethical, civic and professional training of children and

youngsters, enabling them to make critical reflections and to strengthen

citizenship, as well as to use their free time in a practical, educational and creative manner;

c) Ensure equal opportunities for both genders, namely by way of coeducation

practises and school and professional guidance, raising the awareness of the stakeholders in the education process;

d) Contribute towards the defence of national identity and independence and to

the strengthening of identification with the historic matrix of Timor-Leste, raising awareness as to the cultural legacy of the Timorese people, by way of a growing interdependence and solidarity among peoples, and the duty to consider and valorise different knowledge and cultures;

e) Develop in work capability in individuals and provide them, based on a

solid general training, with specific training and competences in terms of knowledge and initiative, enabling them to occupy a fair positions in the labour market, contributing towards the progress of society, according to their interests, skills and aptitudes;

f) Decentralize and diversify education structures and actions, so as to provide

a correct adaptation to local realities, a high sense of participation of the peoples, a fair insertion in the community and efficient decision-making levels;

g) Contribute towards the correction of regional and local asymmetries,

achieving equal access to the benefits of education, culture, science and technology in all the national territory;

h) Ensure the public service of education and teaching, through a network of

central and local administration offers, as well as private and cooperative entities, ensuring in full the needs of all the population;

i) Ensure the organization and operation of public, private and cooperative

schools, so as to promote the development of specific education projects that respect national curricular directives, as well as growing standards of operation autonomy, through accountability for the pursuing of pedagogic and administrative objectives, subject to the public evaluation of results against public funding based on objective, transparent and fair criteria that encourage good operation practises;

j) Ensure freedom to choose the school to attend; k) Contribute towards the development of the democratic spirit and practise,

adopting participative procedures in the definition of the education policy and school administration and management models that ensure proper participation and accountability by the central and local administration, concerning education and teaching establishments, teachers, students, parents and local communities, seeking to promote learning results;

l) Provide a second opportunity at schooling to those who have not enjoyed it in the right age and to those who seek education for professional or cultural valorisation reasons, in view of the need to learn new subjects or perfect others, as a result of the evolution of scientific and technologic knowledge.

Article 6

National Education Commission According to the law, the National Education Commission has consultative tasks within the scope of education policy and contributes towards broad agreements in relation to its objectives, through the participation of the various social, cultural and economic powers that represent the Country.

CHAPTER II ORGANIZATION OF THE EDUCATION SYSTEM

SECTION I

GENERAL ORGANIZATION

Article 7 General organization of the education system

1. The education system covers pre-school education, school education, extra-

school education and professional training, having a lifelong perspective. 2. Pre-school education, in its formative component, is complementary or

suppletive to the education provided by the parents or family, with which it establishes a close cooperation.

3. School education covers basic education, secondary education and higher

education, integrates special modalities and includes free time occupation activities.

4. Extra-school education includes literacy and base education activities, as well as

cultural and scientific improvement or updating activities, and is done within an open framework of multiple, diversified and complementary initiatives.

5. Professional training pursues actions meant for a dynamic integration or

professional development, through the acquisition or improvement of knowledge and skills required for a specific professional performance.

Article 8

Languages of the education system The teaching languages of the Timorese education system are Tetum and Portuguese.

SECTION II PRE-SCHOOL EDUCATION

Article 9 Objectives and targets of pre-school education

1. Pre-school education has the following objectives, in relation to each child:

a) Stimulate capacities and strengthen training and the balanced development

of their entire potential; b) Contribute towards their affective stability and security; c) Favour observance and understanding of the natural and human

environment, so as to promote a correct integration and participation; d) Develop moral training and the sense of freedom and accountability; e) Nurture integration in various social groups that complement family, so as

to promote the development of sociability; f) Develop expression and communication capabilities and stimulate creative

imagination and entertainment activities; g) Instil hygiene and personal and collective health defence habits; h) Screen ineptitudes, deficiencies or precocities, promoting the best guidance

and referral.

2. The pursuing of the objectives listed in article 9.1 is done in accordance with the proper contents, methods and techniques, taking in consideration the need for close articulation with the family environment and with the education action by parents.

3. Pre-school education is meant for children from three years old to the age for

entering basic education. 4. Attendance of pre-school education is facultative, acknowledging that parents

and family have an essential role in the child education process, without prejudice to the promotion of such attendance by the State, in particular regarding five year old children.

Article 10

Organization of pre-school organization

1. The State is responsible for ensuring the existence of a network of public pre-school education.

2. The pre-school education network consists of kindergartens from local

administrations and other private and cooperative entities, whether collective or individual, namely private social solidarity agencies, parent associations, resident associations, civic or confessional organizations and union or employer associations.

3. Through the ministry responsible for the education policy, the Government shall

define the general rules for pre-school education, namely regarding its operation and educational contents, supporting, evaluating, inspecting and verifying its execution.

SECTION III

SCHOOL EDUCATION

SUBSECTION I BASIC EDUCATION

Article 11

Targets and gratuity of basic education

1. Basic education is universal, mandatory, free and has a nine year duration. 2. Children who reach the age of six by 31 December of the year before the start of

the school year enter basic education. 3. Children who reach the age of six between 1 January and 31 March may enter

basic education, subject to the existence of vacancies. 4. Situations not covered by article 11.2 and article 11.3 shall be analysed and

decided by the competent regional education services. 5. The compulsiveness of basic education attendance ceases at the end of the

school year in which the student becomes seventeen years old. 6. The gratuity of basic education covers school fees, charges and emoluments

related with the enrolment, attendance and certification, with students also being able to make free use of schools books and material, as well as transportation, food and lodging, when necessary.

Article 12

Basic education objectives

1. Basic education has the following objectives

a) Ensure the full training of all children and youngsters, through the development of the competences of being, knowing, thinking, doing and learning to live together;

b) Ensure a common base general training for all Timorese, ensuring them the

discovery and development of their interests and skills, reasoning capacity, memory and critical spirit, creativity, moral sense and aesthetical sensitivity, promoting individual realization, in harmony with the values of social solidarity, and interrelating, in a balanced way, know-how and can-do, theory and practise, school culture and daily culture.

c) Enable the acquisition and development of base competences and knowledge enabling the pursuing of studies or the insertion of the student in professional training schemes, as well as facilitating the acquisition and development of personal and group work methods and instruments, valorising the human dimension of work;

d) Ensure the mastery of Portuguese and Tetum languages; e) Enable the learning of a first foreign language; f) Enable physical and motor development, valorise manual activities and

artistic education, so as to raise awareness for the various forms of aesthetical expression and detect and stimulate aptitudes in these domains;

g) Develop the knowledge and appreciation for the core values of national

identity, national and official languages, Timorese history and culture, within a perspective of universal humanism and solidarity and cooperation among peoples;

h) Enable experiences that favour civic, social and affective maturity,

promoting the creation of attitudes and habits that favour relationships and cooperation, as well as an autonomous, conscious and accountable intervention in the family, community and environmental spheres, seeking training towards full and democratic citizenship;

i) Ensure that children with specific education needs, resulting namely from

physical and mental disabilities, are provided with proper conditions to develop and use their capabilities in full;

j) Enable, with freedom of conscience, the acquisition of civic, moral and

religious education notions. Basic education shall be organized in such a way as to promote the school and education success of all students, the conclusion by each one of effective schooling with a nine year duration, and the nurturing in the students of interest for a constant updating of knowledge, valorising an education information and guidance process in collaboration with the parents.

Article 13 Basic education organization

Basic education covers three cycles, the first with four years, the second with two years and the third with three years, within the following curricular terms:

a) In the first cycle, teaching is general and under the responsibility of a single teacher, without prejudice to the possibility of the latter being assisted in specialized areas;

b) In the second cycle, teaching is organized by base subject areas, with the

possibility of containing areas not related with subjects, meant for the

articulation of knowledge, the development of work and study methods and the obtaining of complementary training, and is mostly provided with one teacher for each area;

c) In the third cycle, teaching is organized according to an unified curricular

plan that integrates diversified subject areas in a coherent manner; it may contain areas not related with subjects, meant for the articulation of knowledge, the development of work and study methods and the obtaining of complementary training, enabling the learning of a first foreign language, and is provided with one teacher for subject or group of subjects.

The articulation between the three cycles of basic education obeys a progressive sequencing, with each cycle being responsible for completing, expanding and broadening the previous one, within a perspective of global unity of basic education. The specific objectives of each cycle are integrated in the general objectives of basic education, within the terms of the previous paragraphs, according with the age development corresponding to each cycle and considering the following guidelines:

a) For the first cycle, the development of oral language and the initiation and progressive mastery of reading and writing, essential notions on arithmetic and calculation, environment and plastic, dramatic, musical and motor expressions;

b) For the second cycle, humanistic, artistic and sport, scientific and

technological training, seeking to allow students to assimilate and interpret information, critically and creatively, ensuring the acquisition of work methods and instruments, as well as knowledge, enabling students to pursue their training and the development of active and conscious attitudes before the community and its most relevant problems and challenges;

c) For the third cycle, the systematic and differentiated acquisition of modern

culture, in its humanistic, literary, scientific, technological, physical and sport dimensions, necessary for continuing studies or entering the labour market, as well as vocational, school and professional guidance providing conscious options for subsequent training and respective contents, subject to their permeability, seeking the continuation of studies or entrance in the labour market, in respect for the autonomous realization of the human person.

4. Specialized basic education schools may, subject to the base training, strengthen

the components of artistic teaching or physical and sport education. 5. Successful completion of basic education grants the right to a diploma; a

certificate stating the completion of any school year or cycle may also be requested.

6. Through the ministry responsible for the education policy, the Government shall

define the general rules for basic education, namely in what regards its

operation and its education contents, supporting, evaluating, inspecting and verifying its execution.

SUBSECTION II

SECONDARY EDUCATION

Article 14 Targets of secondary education

1. Students who successfully complete basic education may enter secondary

education in the school year immediately after the one in which they complete basic education.

2. Attendance of secondary education is facultative; nevertheless, the Government

shall promote this level of education through the ministry responsible for the education policy.

Article 15

Objectives of secondary education Secondary education seeks to continue and expand on the learning acquired in basic education, completing and developing training through the following objectives:

a) Ensure and expand the fundamental skills and contents for a humanistic, artistic, scientific and technical culture, as a necessary cognitive and methodological support for proceeding to higher education or entering the labour market;

b) Ensure the development of reasoning, reflection and scientific curiosity; c) Develop the necessary skills to understand cultural and aesthetic

manifestations and enable the improvement of artistic expression; d) Nurture the acquisition and application of an increasingly greater

knowledge, based on reading, study, critical reflection, observation and experimentation;

e) Nurture, from the reality and appreciation for the permanent values of

society in general and Timorese culture in particular, persons actively committed to the achievement of strategic development options for Timor-Leste and made aware as to the reality of international community;

f) Ensure professional guidance and training, through technical and

technologic preparation that is adequate to the entry in the labour market; g) Enable contacts and experiences with the labour market, strengthening the

approximation mechanisms between school the labour market and the community, while boosting the innovating and intervening function of the school;

h) Ensure the existence of individual and group work habits, and nurture the development of methodical, spirit opening, awareness raising and change willingness and adaptation attitudes.

Article 16

Secondary education organization

1. Secondary education courses have three-year duration. 2. According to its vocational dimension as guidance for higher education or entry

in the labour market, secondary education is organized in different manners, contemplating the existence of:

a) General humanistic and scientific courses, mostly guided for the pursuing of

university higher education studies, also allowing entrance in technical higher education;

b) Technical or professional vocational training courses, mostly guided

towards entry in the labour market, enabling access both to technical higher education and to university higher education.

3. All secondary education courses have technical, technological and professional

training components, as well as components regarding Timorese languages and culture, as adequate to the various cases.

4. It is necessary to ensure a proper permeability between courses directed mainly

for the labour market and courses directed mainly to university higher education.

5. Successful completion of secondary education grants the right to receive a

diploma certifying the acquired training, as well as a certificate, if required, certifying the successful completion of any given year; in the cases of courses directed mainly to the labour market, the certificate is based on the qualification obtained for the purposes of the exercise of a profession or a group of professions.

6. In principle, each secondary education teacher is responsible for one subject. 7. Specialized schools may be created for the teaching and practise of technical

and technological or artistic courses. 8. Through the ministry responsible for the education policy, the Government shall

set the general rules for secondary education, namely as to its functioning and educational contents, supporting, evaluating, inspecting and verifying its execution.

SUBSECTION III

HIGHER EDUCATION

Article 17

Scope and objectives

1. Higher education includes university education and technical education. 2. Higher education has the following objectives:

a) Stimulate cultural creation and the development of a scientific spirit and a

reflexive thinking; b) Train licensed person in different areas of knowledge, able to be inserted in

professional sectors and to participate in the development of the Timorese society, as well as to collaborate in its continuous training;

c) Encourage research and scientific investigation work, seeking the

development of science and technology, humanities and art, as well as the creation and socialization of culture, and therefore develop knowledge and understanding of Man and his environment;

d) Promote the socialization of cultural, scientific and technical knowledge that

is part of humanity’s legacy, and communicate knowledge through education, publications or other forms of communication;

e) Raise the permanent desire for cultural and professional improvement and

enable its achievement, integrating newly-acquired knowledge into an intellectual structure that systematizes knowledge for each generation, within a logic of lifelong education and generational and intergenerational investment that strengthens the unity of the upbringing process, which includes learning, knowing and doing.

f) Stimulate knowledge regarding the problems of today’s world, within a

global scope, in particular national and regional problems and those affecting the community of Portuguese speaking countries, provide specialize services to the community and establish a reciprocal relationship with it;

g) Continue the cultural and professional training of citizens, promoting

adequate manners of cultural extension; h) Promote and valorise Timorese languages and culture.

3. University higher education, guided by a constant perspective of investigation

and creation of knowledge, seeks to provide a broad base scientific preparation that will support a sound technical and cultural training, in order to ensure high individual autonomy in the relationship with knowledge, including the possibility of its application, namely for purposes of entry in the labour market, as well as nurture the development of design, innovation and critical analysis capabilities.

4. Technical higher education, guided by a constant perspective of understanding

and solving actual problems, seeks to provide a focused scientific preparation

that will support a sound technical and cultural training, in order to ensure a relevant autonomy in the relationship with the knowledge applied to the exercise of professional activities and active participation in development actions.

Article 18

Access

1. Access to higher education is given to individual who have successfully completed secondary education or equivalent, that display their ability to enter.

2. Access to technical higher education is also given to individual who complete

professional training courses equivalent to secondary education. 3. Through a decree-law, the Government sets the access and entry regimes for

higher education, respecting the following principles:

a) Democracy, equity and equality of opportunities; b) Objectivity of the criteria used for selecting and serializing candidates; c) Universality of rules for each higher education subsystem; d) Valorisation of the education path of candidates in secondary education, in

their components of continuous evaluation and national exams, making the certification system of secondary education relevant for accessing higher education;

e) Mandatory use of the secondary education final classification in the

serialization process; f) Coordination of higher education establishments for the evaluation,

selection and serialization, so as to avoid the proliferation of exams to be taken by the candidates;

g) National character of the application process regarding enrolment and

inscription in public higher education establishments, subject to local nature tenders, in duly justified cases;

h) Realization of candidacy operations through central and regional education

administration services.

4. Within the limits set in article 18.3, the responsibility for the evaluation of capabilities for attendance, as well as the selection and serialization of candidates for entering each higher education course and establishment, belongs to the higher education establishments.

5. Access to higher education, in the conditions to be defined by the Government

through a decree-law, is also granted to persons over 23 who, while not having a diploma or certification giving them access to higher education, prove to have

the capacity to attend it by way of specific exams carried out by higher education facilities.

6. The Government may establish overall quantitative limits in the access to higher

education, numerus clausus, by reasons of public interest and to ensure the quality of teaching, both for public as for private and cooperative higher education establishments.

7. The State shall create conditions enabling citizens to attend higher education, so

as to prevent discriminatory effects resulting from economic and regional inequalities or previous social disadvantages.

Article 19

Association of higher education establishments Higher education establishments may be associated with other higher education establishments, whether national or foreign, in order to grant academic degrees and the diplomas listed in the articles below.

Article 20 Academic degrees and diplomas

1. Technical higher education covers courses with two or three semesters of

duration, granting diplomas I or II, respectively. 2. University higher education covers baccalaureate, degree, masters’ and doctoral

degree courses, granting the titles of bachelor, graduate, master and doctor, respectively.

3. University higher education also includes post-graduation courses, granting

post-graduation diplomas. 4. Higher education establishments may provide courses that do not grant

academic degrees or diplomas, as mentioned in the previous paragraphs of the present article, giving out a diploma or a certificate against successful completion.

5. The operation of courses granting post-graduation degrees or diplomas, as well

as technical higher education courses, is subjected to registration within the legal terms to be approved by the Government.

6. The registration of courses that grant post-graduation degrees or diplomas must

include the educational, scientific and cultural project of the education establishment, the existence of a teaching staff that is adequate in terms of quantity and quality in relation to the nature of the course and degree, as well as the dignity of facilities and material resources, namely in what regards teaching spaces, equipments, libraries and laboratories.

7. Masters’ courses must have an autonomous organic unit that integrates the scientific knowledge of the course, as well as teachers and researchers who have doctoral degrees.

8. The rank of doctor can only be granted by university education establishments,

provided they respect, in addition to the requirements of article 20.5 and article 20.6, the specific requirement concerning the existence of accredited research units or the execution of investigation activities of recognized quality, in accordance with international standards of evaluation, namely the publication in reputed scientific magazines.

9. Through decree-law, and after hearing the higher education establishments, the

Government regulates the conditions for granting academic degrees, so as to ensure the scientific level of acquired training, the comparability of trainings and the mobility of students.

Article 21

Baccalaureate

1. The rank of bachelor is evidence of a cultural, scientific and technical training with superior knowledge in a specific area and with capabilities for the exercise of a professional activity adequate to the training received.

2. In addition to the individuals indicated in article 18.1 and article 18.5 of the

present law, students who complete a technical higher education course granting a diploma II may access a baccalaureate course.

3. The rank of bachelor is granted after the conclusion of higher training, with six-

semester duration.

Article 22 Degree

1. The degree of graduate is evidence of a superior level of knowledge in a

scientific area and capabilities for the exercise of a professional activity adequate to a qualified professional activity.

2. The degree of graduate is granted after completing higher training for two

semesters, following the drafting of a thesis subjected to discussion and approval.

3. Access to a degree is given to individuals who have successfully completed a

baccalaureate course. 4. In exceptional cases, courses granting a degree may last one or two more

semesters.

Article 23 Post-graduation

1. Access to post-graduation courses is given to individuals who possess the ranks

of bachelor or graduate. 2. The post-graduation diploma is evidence of specialization in a certain scientific

area and of capabilities for the practise of investigation or specialized professional exercise.

3. Post-graduation courses include a school part that lasts two semesters. 4. An individual obtaining a post-graduation diploma may move on to the masters’

course being exempted from the school part, provided that the branch of scientific knowledge of the post-graduation coincides with that of the masters’.

Article 24 Masters’

1. The rank of master is evidence of a thorough level of knowledge in a certain

scientific area and of capabilities to carry out investigations or take on an especially qualified profession.

2. The rank of master is granted after completing higher training lasting four

semesters and including a school part lasting two semesters. 3. Access to masters’ courses is given to individuals who have successfully

completed a degree or a post-graduation course. 4. The granting of the rank of master presupposes the drafting of a thesis, to be

discussed and approved, or the execution of a professional or investigation project, along with its appreciation and approval.

Article 25

Doctoral degree

1. The rank of doctor is evidence of an innovating and original contribution towards the progress of knowledge, a high cultural level in a certain area of knowledge and capability to perform independent scientific work.

2. The rank of doctor is granted after completing higher education, with a

minimum duration of six semesters. 3. Access to a doctoral degree course is granted to individuals who have

successfully completed a masters’ course. 4. Exceptionally, doctoral degree courses may allow graduates who hold a school,

scientific or professional background that is recognized as worthy for the purpose by the competent scientific body of the education establishment where the doctoral degree course is to be provided.

5. Doctoral degree courses may include a school part with the maximum duration

of four semesters. 6. The granting of the rank of doctor also presupposes the drafting of an original

investigation thesis, as well as its discussion and approval.

Article 26 Higher education establishments

1. University higher education is done in universities, university institutes and

non-integrated university schools. 2. Technical higher education is done in polytechnic institutes. 3. Universities may consist of differentiated schools, institutes or faculties, or

departments or other units; they may also include technical higher education organic units.

4. Polytechnic institutes may consist of departments or other units. 5. Higher education establishments may associate themselves to provide courses

and grant higher education ranks. 6. Higher study centres may be built, to collaborate in lifelong education and in the

valorisation of local human resources, with higher education establishments being responsible for certifying the granted qualifications.

7. Through decree-law, the Government regulates the requirements for the creation

of higher education establishments, so as to ensure the achievement of the goals of higher education, the quality of the education provided and the investigation done, as well as the social, scientific and cultural relevance of the institution.

Article 27

Scientific investigation

1. The State shall ensure the material and cultural conditions for scientific creation and investigation, promoting its quality assessment.

2. Higher education establishments create the conditions for promoting scientific

investigation and carrying out investigation and development activities. 3. Higher education scientific investigation shall consider the main goals of the

respective establishment, while remaining focused on its role regarding the progress, knowledge and resolution of problems put by the social, economic and cultural development of the Country.

4. It is necessary to ensure conditions for publishing scientific work and facilitate

the socialization of new scientific knowledge and perspectives on technological advances and cultural creation.

5. It is up to the State to encourage collaboration between public, private and

cooperative entities, so as to nurture the development of science, technology and culture, mainly in view of the interests of the whole.

SUBSECTION IV

SCHOOL EDUCATION SPECIAL MODALITIES

Article 28 Identification of the school education special modalities

1. As a complement to the general modality of school education, there are also the

following special modalities of school education:

a) Special education; b) Specialized artistic education; c) Recurrent education;

d) Distance education.

2. Each one of these special modalities is part of school education. 3. Special education modalities are regulated by a specific special legislation.

Article 29

Special education

1. Individual with special education needs, regardless of their duration, resulting from the interaction between environmental factors and significant personal limitations in the fields of hearing, sight, mobility, cognition, speaking, language and communication, emotions and physical health, are entitled to adequate educational responses.

2. Special education seeks the educational and social integration, autonomy in

every possible level and the emotional stability of the students, as well as the promotion of equal opportunities and the preparation for a proper professional training and integration in the labour market.

3. Special education is centred on students, striving at all times, from the earliest

possible stage, to reduce the limitations resulting from disability and optimizing all their capacities and potential, thus including activities directed for students and actions meant for the adequacy of the family and community environments.

4. Special education is organized according to diversified integration models, in

inclusive environments, both in general education schools, in specialized classes or groups or units, and in special education establishments, according to the needs of the students, resulting from the type and degree of disability, so as to

prevent situations of exclusion and to promote the child’s effective educational and social insertion.

5. Whenever necessary, special education shall be provided by specialized teachers

and officers, and shall presuppose the existence of curricula and evaluation programs adapted to the characteristics of each type and degree of disability.

6. The State shall promote and support special education, with special education

initiatives belonging to central and local administration and other private and cooperative entities, whether collective or individual, namely private social solidarity institutions, parent associations, resident associations, civic or confessional organizations and union or employer organizations.

7. Through the ministry responsible for the education policy, the State shall set the

general rules for special education, namely in what concerns its funding and its pedagogic and technical aspects, supporting, evaluating, inspecting and verifying its execution.

Article 30

Specialized artistic education

1. Specialized artistic education is meant for persons with specific aptitude for art, who wish to develop and enhance artistic languages, namely in the area of fine arts, shows, audiovisuals and multimedia, design and applied arts.

2. Specialized artistic education seeks to provide quality training and diversified

answers to the individual demand for the enhancement of specific artistic languages, as well as create the necessary bases for the personal development of artistic maturity, taking into consideration the precocity and sequencing required by the various arts.

3. Specialized higher education covers basic education, secondary education and

higher education, and is integrated or articulated with them. 4. Specialized artistic education study plans are organized according to the specific

requirements of each level of education, so as to adapt specialized artistic education to today’s challenges and to cultural and artistic contexts, through the use, in each artistic area, of a specific curricular composition that favours artistic innovation, experimentation and practise.

5. The diplomas and certificates attributed to basic and secondary specialized

artistic education grant the same qualifications and possibilities in terms of continuing studies as the diplomas and certificates obtained in the corresponding levels of general school education.

6. Through the ministry responsible by the education policy, the Government is

responsible for setting the general rules for specialized artistic education, namely in what regards its operation and its pedagogic, didactic and technical aspects, supporting, evaluating, inspecting and supervising its execution.

Article 31 Recurrent education

1. Recurrent education is meant for the individuals who have gone beyond the age

indicated for attending basic and secondary education, to those who having completed basic education and being aged 16-18 are working and present evidence as to that situation, and to those who have not had the opportunity to enter school education when they were in the normal age for education.

2. Recurrent education covers basic and secondary education. 3. Recurrent education is provided mostly at night, with the forms of access and

methods of study being organized in a manner that suits the age groups to which they are provided, to the life experience acquired meanwhile and to the demonstrated level of knowledge.

4. Recurrent education issues the same diplomas and certificates as basic education

and secondary education, without prejudice to the possibility of distinguishing, in the evaluation and certification process, between qualifications that allow the continuation of studies and qualifications that do not allow it.

5. Through the ministry responsible by the education policy, the Government is

responsible for setting the general rules for recurrent education, namely in what regards its operation and its pedagogic, didactic and technical aspects, supporting, evaluating, inspecting and supervising its execution.

Article 32

Distance education

1. The law foresees the organization of distance education modalities, supported by multimedia, communication and information technologies, both as complement and as alternative to the modality of presential education.

2. Distance education shall be especially relevant for recurrent education and for

the continuous training of teachers. 3. The bodies responsible for distance education shall promote innovation and the

society of information and knowledge. 4. The State encourages and acknowledges lifelong education and innovating

approaches based on new communication and information technologies.

SECTION IV EXTRA-SCHOOL EDUCATION

Article 33

Extra-school education nature and objectives

1. Extra-school education may be formal, non-formal or informal and is meant to enable each individual, in a lifelong education perspective, to increase their

knowledge and develop their competences, complementing school training or filling gaps or weaknesses.

2. The State is responsible for promoting the social relevance of extra-school

education, in particular by organizing systems that enable the acknowledgement, validation and certification of acquired skills and knowledge.

3. Extra-school education has the following essential objectives:

a) Eliminate literal and functional illiteracy; b) Contribute towards an effective equality of educational and professional

opportunities for individuals who, while not attending school education or having dropped it early or without success, are not receiving professional training, regardless of the reason;

c) Promote adaptation to today’s life, through the development of

technological skills and technical know-how; d) Ensure the creative occupation of free time with cultural activities; e) Favour social solidarity attitudes and participation in the life of the

community.

4. Extra-school education actions may take place in cultural extension structures of the school system or in open systems, using typical communication means from distance education.

5. The State is responsible for promoting and supporting extra-school education,

with extra-school education initiatives falling under central and local administration and other private or cooperative entities, namely private social solidarity institutions, parent associations, student associations and youth bodies, cultural and recreational associations, resident associations, popular education associations, civic or confessional organizations and worker commissions and union or employer associations.

6. The educational policy relates to the formative dimension of television and

radio programming, with the public television and radio service being responsible for ensuring the existence of formative, plural and diversified programming.

SECTION V

PROFESSIONAL TRAINING

Article 34 Professional training nature and objectives

1. Professional training has an extra-school nature and seeks dynamic professional

integration or development through the acquisition or expansion of the

necessary skills and knowledge for specific professional performance, so as to respond to national needs in terms of technology evolution and development.

2. Professional training is structured in order to develop the following actions:

a) Professional initiation; b) Professional qualification; c) Professional enhancement; d) Professional reconversion.

3. Professional training is organized as a complement for training and preparation

for active life started with school education, but must also contribute towards the acquisition of professional qualifications by those who have not attended school education or who have left it early and without success.

4. Public entities responsible for the education policy the employment policy shall

articulate among themselves the interventions in the areas of vocational training and professional training, respectively, in view of the full achievement of the goals listed in article 34.3.

5. Under the previous paragraphs, access to professional training is granted to:

a) People who have not completed mandatory schooling; b) People who have not completed mandatory schooling by its limit date; c) Workers to intend to improve their knowledge or change professions; d) Further persons covered by the actions listed in article 34.2.

6. Professional training is structured according to a flexible pedagogic and

institutional model, which enables the integration of people with different training levels and characteristics.

7. The organization of professional training offers must be adequate to national,

regional and local employment needs. 8. Professional training may be structured according to modules, of variable

duration and combinable among themselves, so as to obtain increasingly high professional levels.

9. The functioning of professional training offers may be done according to

diversified institutional forms, namely:

a) Specific institutions; b) Use of basic education and secondary education schools;

c) Agreements with local administrations and companies; d) Supports to public, private or cooperative agencies and initiatives; e) Stimulation of community actions and services to the community.

10. Attendance and successful completion of a professional training action or

course, with its respective modules, gives the right to the corresponding certification.

SECTION VI

CURRICULAR PLANNING

Article 35 Curricular planning principles

1. The curricular composition of school education takes into consideration the

promotion of a horizontally and vertically balanced harmony between the levels of physical and motor, cognitive, affective, aesthetic, social and moral development of the learners.

2. The curricular plans of basic education and secondary education include, in all

their cycles, in an adequate manner, a personal and social training area which components may include education towards civic participation, ecological education, consumer education, family education, sex education, health and accident prevention education, as well as the teaching of moral and religious education.

3. Basic education and secondary education curricular plans must have a national

structure that gathers the knowledge and skills of each cycle, with the possibility of adding to that structure flexible contents, integrating regional and local components, and curricular developments foreseen in previously authorized contracts between school administration and schools.

4. Private and cooperative education establishments may adopt the curricular plans

and programming contents of public schools, or adopt specific plans and programs, which under the law will be recognized case by case through the positive assessment of the respective curricula and pedagogic conditions.

5. Higher education curricular plans concern each of the establishments that

provide the respective courses set or to be set according to national and regional needs, and with a perspective of integrated planning in the respective network.

6. Under recommendation by the consultative structure for assessing higher

education and after hearing the representative structures of higher education establishments, the Government may set up directives as to the denomination and duration of courses and mandatory and facultative scientific areas of the respective study plans.

7. Authorization for the creation and operation of private and cooperative higher education institutions and courses, as well as the approval of the respective study plans and the acknowledgement of the corresponding diplomas, obeys common principles and rules for the entire higher education.

8. Teaching and learning of the official languages shall be structured in such a way

as to make all other curricular components of basic education and secondary education contribute, systematically, towards capacity development in terms of the understanding and drafting of written and oral exams, in Portuguese and Tetum.

Article 36

Occupation of free times and school sport

1. Curricular activities of the various levels of school education must be complemented by actions guided towards the integral training and personal realization of the learners, so as to be able to use their free time creatively and educationally, namely cultural and civic enhancement, sport and physical education, artistic education and insertion of learners in the community.

2. Curricular complementary activities may have national, regional or local scope,

with the schools or groups of schools being the favourite parties for organizing regional or local ones.

3. Free time occupation activities should favour the participation and involvement

of learners in their organization, development and evaluation. 4. School sport seeks in particular the promotion of health and physical fitness, the

acquisition of motor habits and conducts and the understanding of sport as a cultural factor, stimulating feelings of solidarity, cooperation, autonomy and creativity, as well as the discovery and incentive of sporting talents, guided by qualified professionals, nurturing the organization and management of school sporting events by the practitioners themselves.

Article 37

Education investigation Education investigation, which is nurtured and supported by the State, is meant for the scientific evaluation and interpretation of the activity developed in the education system.

CHAPTER III EDUCATION SUPPORTS AND COMPLEMENTS

Article 38

Promotion of school success

1. According to the law, educational supports and complements are provided, in particular in mandatory schooling, seeking to nurture the equality of opportunities in school access and outcomes.

2. The specific school needs of students who attend mandatory schooling are

compensated through monitoring activities and pedagogic complement within the schools.

3. The psychological development of students and their school and professional

guidance is supported through psychology and guidance services, duly organized, that also ensure psychopedagogic support to school activities and to the system of relationships of the educational community.

4. The growth and development of students is monitored by duly organized

specialized services, so as to promote health, awareness of sexual behaviours and prevention of drug addiction, alcoholism and other risk social behaviours.

Article 39

School health support The healthy growth and development of students shall be monitored by specialized services from health community centres, in articulation with the school structures.

Article 40 School social action

1. School social action services are provided within the scope of pre-school

education and school education, meant for compensating, in social and educational terms, economically underprivileged students, through objective and public affirmative action criteria, in conformity with the law.

2. School social action services are achieved through a diversified set of actions,

namely assistance with meals, canteen services, school transportation, lodging, school manuals and materials, as well as scholarships.

Article 41

Student workers

1. A special study regime is provided for student workers, taking into consideration their condition as workers and students, in order to enable them, with equity, to acquire knowledge and skills, progressing in school and extra-school education systems, improving in personal and professional terms.

2. The Government shall approve the special regime for student workers.

CHAPTER IV

EVALUATION AND INSPECTION OF THE EDUCATION SYSTEM

Article 42 Evaluation of the education system

1. The education system is subjected, in its efficiency, effectiveness and quality, to

a permanent, continuous and public assessment, which covers, in addition to the

learning by students and the performance by teachers, non-teaching staff from education and teaching establishments, the very system on the whole and the education policy, taking into consideration the educational and pedagogic, psychological and sociological, organizational, economical and financial aspects, as well as political, administrative and cultural aspects.

2. The evaluation of the education system shall cover pre-school education, all

levels of school education, including special modalities, and extra-school education and professional training, including public, private and cooperative education.

3. The evaluation of the education system is an essential instrument for defining

the education policy, promoting the quality of education and learning, and for the responsible and transparent management of all education system levels.

4. The evaluation of the education system should allow an integrated,

contextualized and compared interpretation of all the benchmarks it is based on.

Article 43 Accreditation

Accreditation consists in the formal acknowledgement of an education establishment by the State, after a continuous, objective and contextualized assessment of that same establishment.

Article 44 Education statistics

Education statistics are vital instruments for drafting the education policy and for planning the evaluation of the education system, and shall be organized in such a way as to ensure they are completed in a timely and universal fashion.

Article 45 Education inspection

1. The education system is subjected to inspection, under the present law and

further complementary legislation, in order to safeguard the legitimate interests of all those who integrate it.

2. Education inspection has administrative and technical autonomy and performs

tasks of auditing and control over the operation of the education system, in the technical, pedagogic, administrative, financial and patrimonial aspects, seeking to determine the legality, the efficiency of procedures and the effectiveness in the pursuing of goals and targets set and in the economy of resource use, as well as determine the quality of education and teaching.

3. In addition to the further structures of the education system subjected to it by

law, education inspection shall cover pre-school education, all school education levels, including their special modalities, and extra-school education.

4. Education inspection covers public, private and cooperative education; in the latter case it performs auditing and legality control functions, except if, as a result of contractual obligations with the State, private and cooperative education establishments are part of the network of public service education offers.

5. Professional training is subjected to inspection, within the legal terms to be

approved by way of decree-law.

CHAPTER V EDUCATION SYSTEM ADMINISTRATION

Article 46

General principles and organization

1. The administration and management of the education system must respect the principles of democracy and participation towards the pursuing of pedagogic and educational objectives concerning social and civic upbringing, accountability, transparency and individual and collective performance evaluation.

2. Education administration is developed at central, regional and local level, and it

shall valorise the principle of complementarity, through the decentralization of competences into local administrations.

3. Education administration shall ensure the full participation by local education

communities, through adequate degrees of participation, especially by teachers, students, parents and respective associations and local administrations, as well as institutions representing social, economic, cultural and scientific activities.

4. The organization and operation of the executive administration results from the

law, in the respect for the previous paragraphs, adopting the proper forms of administrative deconcentration and decentralization, ensuring the necessary unity of action and efficiency, through the ministry responsible for the education policy, which is accountable, in particular, for the following functions:

a) Design, planning and normative definition of the education system; b) Coordination of the execution of education policy measures; c) Coordination of the education policy and education system evaluation; d) Inspection of education; e) Coordination of the curricular planning and support to educational

innovation, in articulation with schools and with education investigation and teacher training institutions;

f) Superior management of education human resources, particularly teachers, assuring the proper development planning and policies;

g) Superior management of the education budget; h) Definition of implantation criteria for the network of education possibilities

and the type of schools and their fixtures; i) Assurance of the pedagogic and technical quality of didactic means,

including school manuals.

5. The operation of education establishments, at any school level, by public, private or cooperative entities requires a proper licence to be issued by the Ministry of Education.

6. The granting of the licence described in article 46.5 requires the meeting of the

minimum conditions for operation, to be set in a specific diploma. 7. The operation of schools is guided by a perspective of community integration,

thus favouring the local settling of the respective teachers. 8. Private teaching and cooperative teaching are ruled by specific legislation and

statutes, which must be subordinated to the principles of the present law.

Article 47 School administration and management

1. The administration and management of education and teaching establishments

must be done in such a way as to nurture the development of centres of excellence and educational skills, as well as the quality of learning, while enhancing the conditions for an efficient and effective management of the education resources available.

2. Administration and management may also be done base on sets of schools, so as

to favour also the vertical integration of education projects. 3. In each education and teaching establishment, or in each respective set,

administration and management are guided by principles of democratic participation by those who are part of the education process, accountability, transparency of individual and collective performance evaluation, taking into consideration the specificities of each level of education and teaching.

4. In the administration and management of education and teaching

establishments, the efficiency and effectiveness in the use and organization of human, material and financial resources is guided directly by pedagogic and scientific quality criteria.

5. The executive directorate of each basic and secondary education set of schools

or individual establishment is assured, under the law, by specific singular or collegial bodies, fully responsible, the representatives of which are chosen

through a public procedure that valorises curricular merit and the merit of the education project presented, and who must have the necessary training for the role.

6. The executive directorate of each basic and secondary education set of schools

or individual establishment is supported, under the law, by specialized services and pedagogic and disciplinary consultative bodies, for which representatives from teachers, students, in the case of secondary education, parents and non-teaching staff shall be democratically elected.

7. The statutes of higher education establishments establish specific administration

and management bodies and internal operation rules, in conformity with the law.

8. Higher education establishments enjoy scientific, pedagogic and cultural

autonomy, subject to the quality evaluation regarding the scientific and pedagogic performance of institutions and their respective accreditation.

9. Public polytechnic institutes and universities also enjoy statutory, scientific,

pedagogic, administrative, financial, disciplinary and patrimonial autonomy, subject to the supervising action of the State.

10. The autonomy of higher education establishments shall be guided by the

development of the region and the Country, and by the effective enhancement of the educational, scientific and cultural level of the Timorese.

CHAPTER VI

EDUCATION HUMAN RESOURCES

Article 48 Teacher and educator functions

1. Guidance and pedagogic activities in pre-school education are assured by

kindergarten educators, while teaching at all levels and cycles of education is assured by teachers, who shall have, in both cases, diplomas certifying the specific training that enables them to educate and teach, according to the professional performance needs in relation to education and each level of teaching.

2. Kindergarten educators and basic education teachers acquire professional

qualification through higher education courses granting the rank of bachelor, provided by university higher education establishments or equivalent facilities.

3. The professional qualification for secondary education teachers is acquired

through higher education courses granting the rank of graduate, provided by university higher education establishments.

4. The professional qualification for secondary education teachers may also be

acquired through degree courses provided at university education

establishments, ensuring scientific training in the respective teaching area, complemented with adequate pedagogic training.

5. The professional qualification for basic and secondary education teachers in

terms of vocational or artistic subjects may be acquired, respectively, through baccalaureate and degree courses assuring training in the respective subject area, complemented with adequate pedagogic training.

6. University higher education teachers require the rank of doctor or master, while

technical higher education teachers require the rank of graduate or equivalent; other individuals recognized as being qualified may also teach; graduates or equivalent may assist university higher education teachers, while bachelors may assist technical higher education teachers.

Article 49

Principles on the training of educators and teachers

1. The training of educations and teachers is based on the following main modalities:

Higher level initial training providing base scientific and pedagogic information, methods and techniques, as well as personal and social training adequate to the performance of the task; Continuous training complementing and updating initial training, within a perspective of permanent and sufficiently diversified training, so as to ensure the complement, expansion and updating of relevant professional knowledge and skills, as well as to enable career progression and career requalification;

a) Specialized training enabling the performance of particular tasks that require it;

b) Professional training, after university general training and in the perspective

of profession reconversion.

2. The training of educators and teachers relies on the following organizational principles:

a) Flexible training, enabling the reconversion and mobility of educators and

teachers, namely the necessary professional training complement; b) Integrated training, both in the scientific and pedagogic preparation sphere,

as in the sphere of theoretical and practical articulation; c) Training based on methodological practises similar to the ones educators

and teachers must use in pedagogic practise; d) Training that stimulates a critical and actuating attitude regarding social

reality;

e) Training that favours and stimulates innovation and investigation, particularly in what regards education and teaching activities;

f) Participated training, leading to a reflexive and continued practise of self-

information and self-learning.

3. Through decree-law, the Government shall approve the training regime for educators and teachers, namely defining the requirements for the initial training courses for teachers, the competency and training profiles, as well as the characteristics of a period of induction and respective evaluation, for becoming a teacher, quality standards, qualifications for the performance of other educational tasks, namely special education, school or educational administration, curricular organization and development, pedagogic supervision and training of trainers.

4. The State may support the continued training of teachers working at private and

cooperative education establishments included in the public service education and teaching network.

Article 50

Career start for teaching and non-teaching staff

1. Teachers, educators, non-teaching staff and other education professionals are entitled to retributions and careers compatible with their skills and professional, social and cultural responsibilities, within the legal terms.

2. Career progression is necessarily connected with the performance evaluation of

all developed activities, whether individually or collectively, in the educational institution, in terms of education, teaching and the delivery of other services to the community, as well as all professional, pedagogic and scientific skills.

3. All educators, teachers, non-teaching staff and other education professionals are

entitled the right and duty of relevant continuing training, so as to perform their respective tasks, together with the permanent and ongoing duty of self-information and self-learning.

4. School non-teaching staff must possess at least basic education or equivalent,

receiving adequate complementary training.

CHAPTER VII MATERIAL AND FINANCIAL RESOURCES

Article 51

Education network

1. The State is responsible for organizing an education and teaching network, organized in qualitative and quantitative terms and updated, that responds to the needs of all the population, assuring the existence of specific educational projects, developed within the scope of the autonomy of public, private and

cooperative schools, and consequently providing effective freedom of education choices for families.

2. The education network includes private and cooperative education and teaching

establishments that respect the principles, objectives, organization and operation rules of the education system, including academic qualification and training rules, required for teaching.

3. Acknowledging the value of private and cooperative education, the State shall

consider private and cooperative education establishments in existence or to be created when ordering the public service education network, as well as in a perspective of rationalizing resources and promoting the quality of education offers.

4. The State provides financial support, by way of contract and in the legal terms,

to private and cooperative education, taking into consideration the choice of families when the respective establishments are integrated in the public service education network and pursue education development objectives.

Article 52

Education network planning

1. The ordering of the education network is a permanent objective of the education policy and its adequacy to the territory, so as to meet the demand for education, ensure the articulation and complementarity of the education contents and their qualitative development, ensure the effective equality of education opportunities, compensate regional and local asymmetries and realize the strategic options for developing the Country.

2. The planning and ordering of the education network shall ensure, under the law,

an effective intervention by local administrations and an institutionalized participation by local communities, in order to draft and update school charts that become an instrument, at regional and local level, for planning educational offers.

3. The Government approves the education network every year, translated into the

configuration of the territorial organization of educational offers and school buildings belonging to pre-school and school education establishments.

Article 53

School buildings

1. School buildings shall be constructed to house school activities, free time occupation activities and school involvement in extracurricular activities, and must be planned within the scope of an integrated equipment and with flexibility to enable, whenever possible, their use for different activities by the community and their adaptation according to the alterations to different levels of education, curricula and education methods.

2. The density of the network and the size of school buildings must be adjusted to the regional and local characteristics and needs, as well as to the capacity to house a balanced number of students, so as to ensure the conditions of a good pedagogic practise and the realization of a true school and educational community.

3. The design of school buildings and the choosing of equipments must consider

the special needs of persons with disabilities. 4. The design of school buildings shall favour types that house all secondary

education modalities, without prejudice to the possibility of admitting broader types, in the respect for age structures corresponding to each cycle of base education and the functional specificities of each one.

5. Pre-school education is done in units separated from or included in school

buildings that also teach basic education, or in buildings that perform other social activities, namely kindergartens or extra-school education, respecting the specific nature of children aged three to six.

6. Space management must contribute to the school and educational success of

students.

Article 54 Education resources

1. Education resources are the material means used for the proper realization of the

educational activity.

2. The following are privileged education resources, requiring special attention:

a) School manuals and other digital resources; b) School libraries and mass-media archives; c) Laboratory and workshop equipments; d) Equipments for physical education and sport; e) Equipments for musical and plastic education; f) Resources for special education.

3. On the initiative of schools, local administrations or school administrations,

education resource centres are to be created in order to support and complement the education resources that exist at the schools, as well as to rationalize the use of the available means.

Article 55 Education funding

1. Education is considered a national priority when drafting State Budgets and

plans. 2. Amounts meant for education shall be distributed according to the strategic

priorities for the development of the education system.

CHAPTER VIII TRANSITIONAL AND FINAL FEATURES

Article 56

Teaching and non-teaching staff

1. Measures will be taken in order to provide basic and secondary education with professionally qualified teachers, by way of initial training models in conformity with the provisions of the present law, so as to render unnecessary, as soon as possible, the hiring of permanent teachers without professional qualifications.

2. A hands-on professional system shall be organized for duly qualified working

teachers or those who start teaching, in order to provide them with professional training equivalent to the one provided in initial training institutions for the respective levels of education.

3. The Government shall draft an emergency plan for constructing and

refurbishing school buildings and their fixtures, so as to meet school network requirements, in particular regarding basic education.

4. The transition regime changing the current education structure to the one

indicated in the present law is approved by decree-law, under the monitoring of the National Education Commission.

5. The transition indicated in article 56.4 cannot harm the rights acquired by

teachers, students and school non-teaching staff.

Article 57 Education and teaching establishments integrated in the educational system

1. From school year 2010 on, only education and teaching establishments that use

the official languages of Timor-Leste as teaching languages may be part of the Timorese education system.

2. Exceptionally, and through the ministry responsible for the education policy, the

Government may accredit and authorize, in duly justified cases, the operation of education and teaching establishments without the requirement of article 57.1.

Article 58 Mandatory schooling

1. The regime of nine years mandatory schooling set in the present law applies to

students who enrol in the first year of the first basic education cycle from school year 2008-2009.

2. The regime of mandatory attendance also applies to basic education students

under seventeen.

Article 59 Educational supports

1. The tasks by local administrations concerning administration and educational

supports shall be regulated by special legislation. 2. Through a decree-law, the Government shall approve the special legislation

indicated in article 59.1.

Article 60 System of equivalences

Through a decree-law, the Government shall define and approve the system of equivalences among studies, degrees and diplomas of the Timorese education system and the education systems of other countries.

Article 61 Integration of children and youngsters from the Timorese Diaspora

The Government shall create and develop the necessary conditions for facilitating the integration in the education system of children and youngsters returning to Timor-Leste, whose parents are Timorese citizens.

Article 62 Complementary legislation

The bases contained in the present law are developed by initiative of the Government through the approval of complementary legislation, under the monitoring of the National Education Commission.

Article 63 Entry into force

The present law enters into force on the day after its publication. Approved on 9 October 2008.

The President of the National Parliament, __________________________ Fernando La Sama de Araújo Promulgated on 17 October 2008 Let it be published. The President of the Republic, ____________________ Dr José Ramos-Horta