Special needs education within the education system - Portugal

Special Provision within Mainstream Education

The principle of permeability between the mainstream and special channels is guaranteed by the Education Act proclaiming that special education should be organised according to various models of integration in mainstream schools. It can be instituted in specific institutions when children and young people with special educational needs require specialised and differentiated support that mean significant adjustments to the educational or teaching and learning process that are demonstrably unachievable in mainstream education with the correct integration or when this integration proves demonstrably insufficient.

Specific Legislative Framework

The Education Act (Decree-Law No. 46/86, 14th October), assumes special education as a specific type of education that facilitates the socio-educational recuperation and integration of individuals with special educational needs caused by physical or mental disability:

• Including such pupils in the mainstream schooling system, as the educational strategy adopted for pupils with special educational needs, was enshrined in Law No. 9/89, 2nd May, Law on the Prevention, Rehabilitation and Integration of Disabled Persons
• Decree-Law No. 35/90, 25th January, stipulates that students with special educational needs, resulting from physical or mental disabilities, are obliged to attend compulsory schooling 
• Decree-Law No. 3/2008, 7th January, which defines the specialised support provided in state, private and co-operative pre-school, compulsory and upper-secondary education with the aim of creating the conditions to adjust the educational process to the special educational needs of pupils with major limitations in terms of activity and participation in one or more areas
• Decree-Law No. 301/93, 31st August, consecrates the compulsory attendance of  basic education by students with special educational needs
• Decree-Law No. 95/97, 23rd April, was amended by the Joint Order No. 198/99, 3rd March, defines the legal basis of specialised training for nursery, primary and secondary teachers
• Joint Order No. 495/02, 7th May, identifies the organisation of the teaching component for teachers in special education and teaching, as well as teachers working in other areas of educational support at the pre-school and  basic education levels
• Decree-Law No. 20/06, 31st January, defines the procedures regarding the teacher placement application system, creating the special education recruitment group for the first time. It repeals the Decree-Law No. 35/03, 7th February.

General Objectives

As stipulated in the Education Act (Decree-Law No. 46/86, 14th October), special education aims at facilitating the socio-educational recuperation and integration for individuals with special educational needs caused by physical or mental handicap. The following objectives, which are part of the general education system, are particularly important in special education:

• The development of physical and intellectual potential 
• Assistance in acquiring emotional stability 
• Developing communication possibilities 
• Reducing limitations caused by handicap 
• Support for family, school and social integration 
• Developing independence at all levels 
• Preparing for adequate vocational training and integration into working life

Educational Measures within Special Education

Decree-Law No. 3/2008, 7th January defines the specialised support given to pupils with permanent special educational needs and is implemented via the following measures:

• Personalised pedagogical support
• Individual curriculum adjustment
• Adjustment to the enrolment process
• Adjustment to the assessment process
• Individual specific curriculum
• Support technology

In the area of early intervention (support for children from 0 to 6 years old, preferably from 0 to 3) regulating guidelines for integrated support for disabled children or children and their families at high risk of backwardness were defined via the Joint Order No. 891/99, 19th October. Early intervention is an integrated support measure that focuses on the child and the family and involves a variety of services in the areas of education, health, social and other community services.

Specialised support provided in state, private and co-operative pre-school, basic education and upper secondary education aims to create the conditions for the adjustment of the educational process to pupils’ special educational needs. The goals of special education are educational and social inclusion, educational access and success, autonomy, emotional stability, as well as the promotion of equal opportunities, preparation for further study or post-school or professional life. 

Teachers from the special education recruitment group with specialised training in specific areas are placed in schools to promote support activities for students with permanent special educational needs.

Special Education Staff

In 2006, a specific recruitment group was created for Special Education teachers, which was made operational by Decree-Law No. 20/06, 31st January.

The organisation of educational provision in the area should focus on a limited group of students whose needs demand a specialisation of material and human resources and it is the responsibility of the school to manage those resources in such a way that it meets the needs of all students.

The school is involved in a set of activities based around the curriculum and curriculum enhancement, aiming to create the conditions for the expression and development of exceptional capacities and the resolution of any problems. This development plan is applicable to those students who demonstrate exceptional learning capacities and can include the following methods:

1. differentiated pedagogy in the classroom
2. tutoring programmes for study strategies, guidance and advice for the student
3. enhancement activities at any point in the academic year or at the beginning of a cycle (Implementing Order No. 50/05, 9th November)

Special education approaches are also organised with the aim of integrating handicapped adolescents into the world of work.
To this end, within the Ministry of Work and Social Solidarity, which is also an authority in social and socio-professional integration, there are official schools, residences and centres for occupational support. Similarly, this Ministry funds individuals through subsidies, and also finances private institutes for social solidarity with socio-educational schools. The major group in this sector is the Portuguese Associations of Parents of Pupils who are Mentally Handicapped, and to which the Ministry of Education contributes significantly through the provision of teachers, support for school social action and co-funding with families.

Via support given to the vocational training units of the institutions, the Employment and Vocational Training Institute has incentives for practical vocational training courses in industry and for job adaptation. The Institute also gives support for self-employment and protected job centres.

Institute of Employment and Vocational Training
Ministry of Work and Social Solidarity
Decree-Law No. 115-A/98
Decree-Law No. 20/06
Decree-Law No. 3/2008
Implementing Order No. 50/05

Separate Special Provision

In the Resolution of the Council of Ministers No. 120/06, 21st September and Decree-Law No. 3/2008, 7th January, the specific types of education for the blind, partially sighted, deaf and those with multiple disabilities and problems of autism include:

• Special schools for bilingual education of deaf students and for the education of blind and partially sighted pupils
• Structured teaching units for teaching pupils with autism and specialised support units for pupils with multi-disability and congenital deafness and blindness

Resolution of the Council of Ministers No. 120/06
Decree-Law No. 3/2008

Specific Legislative Framework

Decree-Law No. 3/2008, 7th January, establishes, regarding the reference units and schools: the implementation conditions, the objectives, the human and material resources and the organisation and running of the above mentioned units and schools.
Ordinance 1102/97 and 1103/97 define the access conditions for pupils going to special education schools and requirements in order for schools to function.

Special education schools have already begun a process of reorientation for Inclusion Resource Centres (IRC). In partnership with the community, these resource centres support the inclusion of children and young people with disabilities through facilitating access to education, training, work, leisure, social participation and an autonomous life, while promoting the full potential of the individual. The IRCs work in partnership with school clusters.

General Objectives

The general objectives to be fulfilled are those legally consecrated for all pupils with no discrimination against pupils with special educational needs.

Geographical Accessibility

Special schools and specialised support units are created whenever the number of pupils in a school or adjacent school cluster and the nature of the response, the specific facilities and professional specialisation justify their presence.
A significant number of local authorities provide school transport for pupils, as do many special education schools.

Admission Requirements and Choice of School

Children and young people with permanent special educational needs benefit from special access and attendance conditions:

• They have priority in terms of enrolment and can attend nursery schools or mainstream schools regardless of their area of residence
• In exceptional and duly justified circumstances, they can postpone enrolment for the 1st year of compulsory education for one year (this is non-renewable)
• They can sign up for individual subjects in the 2nd and 3rd cycle of basic education and upper-secondary education, as long as the sequence of mainstream education is maintained

In the cases where the application of measures foreseen in Decree-Law No. 3/2008 are proven to be insufficient, due to the type and degree of the pupil’s disability, those involved in the assessment can suggest that the pupil attend a special school.

Age Levels and Grouping of Pupils

The number of pupils supported in each unit (teaching units structured for teaching pupils with autism and specialised support units for pupils with multi-disabilities or congenital deafness and blindness) should not exceed 6.
In special schools, classes may have no more than 15 pupils and must be set up depending on the teaching needs of the pupils.

Organisation of the School Year

The school year is defined annually by ministerial order and takes into account all the pupils that attend the mainstream school system, including the pupils with special educational needs. In the same way for pupils with special educational needs that attend private special education establishments, a school year is defined.

Curriculum, Subjects

An Individual Educational Programme is defined for pupils with permanent special educational needs. The IEP documents the specific needs of each pupil and stipulates and justifies the educational response and the respective form of assessment. The application of any form of adjustment to the teaching and learning process is not permitted without one.

The IEP is drawn up by the teacher responsible for the group or class or class tutor, depending on the teaching or education level that the pupil attends, by the special education teacher and parents or guardians, which means by whoever knows the pupil best and whoever works directly with them. For it to be implemented, it has to be approved by the pedagogical council and have the express agreement from parents or guardians.

With regard to changes in the curriculum, pupils can benefit from individual curriculum adjustment or a specific individual curriculum.
The individual curriculum adjustments mean not compromising the common curriculum or the pre-school curriculum guidelines. To this end, subjects or specific curriculum areas can be introduced, such as Portuguese Sign Language (L1) and Portuguese Language/Second Language Portuguese for deaf pupils (LP2), reading and writing in Braille, orientation and mobility, vision training and adapted motor activity, among others, allowing access to the common curriculum, as well as greater autonomy. These adjustments can also mean the introduction of objectives and intermediate content or the dispensation of activities where the pupil’s functional level means it is extremely difficult or impossible to achieve the respective task. Dispensation should happen only when support technologies are insufficient to help achieve the task in question.

The specific individual curriculum presupposes significant changes in the common curriculum, which may mean: (i) the prioritisation of curriculum areas or certain content over others; (ii) the elimination of objectives and content; (iii) the introduction of complementary content and objectives regarding very specific aspects (i.e. non-verbal communication, the use of support technology in communication, mobility, accessibility) or (iv) the elimination of curriculum areas.

Teaching Methods and Materials

For the teaching of specific areas of the curriculum, such as Portuguese Sign Language, Braille or the use of Support Technologies, special education teachers and other professionals with specific training in schools, such as Portuguese Sign Language trainers and interpreters, are placed in schools by the Ministry of Education.

The Ministry of Education resource centres produce school books in Braille, in large font and in digital Daisy format. 
Currently, a national network of ICT Resource Centres for Special Education is being created. The goal of these resource centres is to assess pupils to identify the support technologies appropriate for the specific needs and give information to teachers and other professionals, as well as families, regarding the issues associated with the different areas of disability or incapacity.

Progression of Pupils

In the field of internal summative assessment in, the Implementing Order No. 50/05, 9th November, defines a set of measures that promotes students’ educational success: the recovery plan, applicable to students that demonstrate learning difficulties in any subject, curriculum subject or non-subject area, which can include specific teaching of Portuguese for foreign students; the monitoring plan, applicable to students that have been held back; the development plan, applicable to students who demonstrate exceptional learning capacities.

According to Decree-Law No. 3/2008, 7th January, pupils with permanent special educational needs can benefit from changes to the assessment process that can consist of a change in the types of test, the assessment and certification mechanisms, as well as assessment conditions regarding, amongst other aspects, the ways and means of communication and how often they occur, their duration and location.

With the exception of pupils with specific individual curriculums, all pupils with special educational needs are subject to the system of transition of year common in mainstream education, as defined in Implementing Order 1/05, 5th January. Pupils with specific individual curriculums are subject to specific assessment criteria defined in the respective individual educational programme.

Decree-Law No. 3/2008
Implementing Order No. 1/05
Implementing Order No. 50/05

Educational/ Vocational Guidance, Education/Employment Links

Whenever pupils have permanent special educational needs which prevent them from acquiring the learning and competencies defined in the common curriculum, three years before they reach the age limit for compulsory education, the school should complement the Individual Educational Programme with an Individual Transition Plan (ITP).

The first phase of the ITP is to discover the wishes, interests, aspirations and competencies of the respective young person. Based on this data, and in relation to the pupil's capacity to exercise a professional activity, this phase includes an assessment of the needs of the job market in the young person’s community and the seeking of training opportunities or real work experience.

Once the possibilities of training or internships are registered, it is important to identify the competencies (academic, personal and social), adjustments and special equipment required. After this assessment, it is necessary to establish protocols with the services and institutions where the young person will train or be an intern, to define the tasks they will do, the competencies required and the support needed to achieve these tasks, if and when necessary.

With regard to young people whose disabilities do not allow them to work, research should focus on finding occupational activity centres that can provide activities that interest them and are appropriate for their individual competencies.

Certification

Those legally stipulated formulations and norms commonly used for the educational system are the same for school certification in special education.

Certification mechanisms should be adjusted to the special needs of pupils that have an individual education programme, identifying the adjustments to the teaching and learning process that have been applied.

Private Education

After the political change in 1974 and the appearance of the new Constitution of the Portuguese Republic, which enshrined some general principles of education, covering State and private schooling, there was an upsurge in private and co-operative education.
The number of co-operative schools increased, particularly in the area of special education and the Ministry of Education began to give them funding.

In line with the Education Act, special education is preferably organised according to various models, taking into account specific service needs in mainstream schools, with special education initiatives belonging to central, regional and local authorities.  
Other collective bodies, namely parents and residents associations, civic and religious groups, trade union and company organisations, as well as social groups can also be involved in creating special teaching and education initiatives.

In 1993, the criteria was established for financial support of private special education establishments, those that were supplementary in nature in line with the principles of school integration, and the following year the family allowances of children and young people with disabilities attending special education establishments were stipulated.

The principle of free education was extended to private special education establishments in 1995, establishing the type of funding given by the Ministry of Education, as well as the techno-pedagogical measures used for pupils with special educational needs that attend such establishments. The consolidation of the principles and the updating of options and measures in this field were regulated in 1997, with the amount of financial support for pupils and their families being reviewed annually.

Ordinance 1102/97 establishes the access conditions for pupils in special education, the requirements in order for those institutions to function and the funding given by the Ministry of Education.

Ministry of Education
Ordinance No. 613/93
Ordinance No. 1102/97