Support for Administrative and Management Bodies
This Frequently Asked Questions (FAQ) section on support for the administrative and management bodies of school clusters and non-clustered schools provides clarifications on the composition, powers and functioning of the respective bodies, as well as on the applicable legal procedures.
General Council
Yes. The decisions of collegiate bodies can take effect before the minutes are approved, provided they have been approved in draft form and signed at the meeting itself.
In the absence of approval in writing, the resolutions only become effective after the respective minutes have been approved.
Legal basis: Article 34, paragraph 6, of the Code of Administrative Procedure, approved by Decree-Law No. 4/2015, of January 7, in its current wording
Generally, no. The applicable legal framework does not mandate the public disclosure of General Council meetings.
Aspects relating to the functioning of the body, including the possible opening of meetings or the participation of third parties, should be defined in its rules of procedure.
Any opening to the public must safeguard the regular functioning of the body and compliance with confidentiality obligations.
Legal basis: Article 27, paragraph 1 of the Code of Administrative Procedure, approved by Decree-Law No. 4/2015, of January 7, in its current wording
The President of the General Council is elected by an absolute majority vote of the General Council members in office. The election is held in accordance with the terms defined in the respective regulations.
Legal basis: Article 13, paragraph 1, subparagraph a), and paragraph 2, of Decree-Law No. 75/2008, of April 22, in its current wording.
The representatives of the different bodies on the General Council are elected by their respective peers, in accordance with the provisions of the legal framework governing the autonomy, administration and management of public educational establishments.
Candidates are submitted in separate lists for each of the represented bodies.
The conversion of votes into seats is done according to the highest average proportional representation method of Hondt.
Legal basis: articles 14 and 15 of Decree-Law No. 75/2008, of April 22, in its current wording.
Yes. The General Council may validly meet and deliberate without the presence of all its members, provided that the legally required quorum is ensured.
The body functions validly when a majority of its legally required members are present and actively performing their duties.
Decisions are made by a simple majority vote of the members present, unless a legal or regulatory provision requires a qualified majority, and the rules for convening and operating as set out in the respective regulations must be respected.
Legal basis:
- Article 68. Decree-Law No. 75/2008, of April 22, in its current wording
- Article 29 of the Code of Administrative Procedure, approved by Decree-Law No. 4/2015, of January 7, in its current wording
No. The internal regulations constitute an instrument for the organization and functioning of the organic unit, and must comply with the applicable legal and regulatory framework.
The rules contained in the internal regulations cannot contradict legal or regulatory provisions of a higher level, nor establish solutions that exceed or modify the legal regime defined by law.
The internal rules and regulations of the bodies must be drawn up in accordance with the legal framework applicable to the operation and organization of the organizational unit.
Legal basis:
- Article 3 of the Code of Administrative Procedure, approved by Decree-Law No. 4/2015, of January 7, in its current wording
- articles 9 and 13 of Decree-Law No. 75/2008, of April 22, in its current wording
The term of office for members of the General Council is, as a rule, four years.
In the case of representatives of parents and guardians and of students, the term of office is two school years.
Legal basis: Article 16, paragraphs 1 and 2, of Decree-Law No. 75/2008, of April 22, in its current wording
The General Council ordinarily meets once a quarter.
The General Council meets extraordinarily whenever convened by its President, either on his own initiative, at the request of one-third of its members in active service, or at the request of the Director.
Legal basis: Article 17, paragraphs 1 and 2, of Decree-Law No. 75/2008, of April 22, in its current wording
The number of members that make up the General Council is defined in the internal regulations of each school cluster or non-clustered school. The General Council must consist of an odd number of members, not exceeding 21.
Legal basis: Article 12, paragraph 1, of Decree-Law No. 75/2008, of April 22, in its current wording
The administration and management of school clusters and non-clustered schools is ensured by the following bodies:
-
- General Council;
- Director;
- Pedagogical Council;
- Board of Directors.
These bodies exercise their respective powers in accordance with the legal framework governing the autonomy, administration and management of schools.
Legal basis: Article 10, paragraph 2, of Decree-Law No. 75/2008, of April 22, in its current wording.
The approval of the internal regulations falls under the competence of the General Council, as the body responsible for defining strategic guidelines and the overall organization of the organizational unit.
The internal regulations constitute a structuring instrument for the functioning of the school or school group.
It is the responsibility of the General Council to decide on its approval, as well as on any changes or revisions, in the exercise of its own powers.
Legal basis: Article 13, paragraph 1, d) of Decree-Law No. 75/2008, of April 22, in its current wording
The General Council meetings are convened in accordance with the terms defined in its regulations, which establish the rules for the organization and functioning of the body.
As a rule, the convocation is carried out by the President of the General Council, as he is responsible for ensuring the regular functioning of the body.
The specific terms of the convocation, as well as the possibility of holding extraordinary meetings, should be verified in the rules of procedure of the General Council.
Legal basis:
- Article 17, paragraph 1, and Article 55, paragraphs 1 and 2, of Decree-Law No. 75/2008, of April 22, in its current wording
- Articles 23, paragraphs 1 and 2, and 24 of the Code of Administrative Procedure, approved by Decree-Law No. 4/2015, of January 7, in its current wording
The General Council is composed of representatives from the teaching staff; non-teaching staff; parents and guardians; students; the municipality; and the local community.
Student representatives must be at least 16 years old.
The number of representatives of teaching and non-teaching staff, combined, cannot exceed 50 % of the total number of members of the General Council.
The Director participates in the General Council meetings, but does not have the right to vote.
Legal basis: Article 12, paragraphs 2, 3 and 4, of Decree-Law No. 75/2008, of April 22, in its current wording
Director
Yes. The result of the recruitment and election procedure for the Director is subject to approval by the competent educational administration body, which is responsible for verifying the legal conformity of the procedure and compliance with applicable requirements.
The assessment focuses on the regularity of the competitive procedure, specifically regarding the opening of the competition, the admission and evaluation of applications, and the decision of the General Council.
The decision must be issued within 10 working days after the communication of the election results to AGSE, IP, by the President of the General Council, and will be considered tacitly approved if no decision is adopted within this period. Any non-approval can only be based on illegality or irregularity in the procedure.
Since this is a service commission, it must be published in the 2nd Series of the Official Gazette, through the administrative services of the AE/ENA.
Legal basis:
- Article 23, paragraph 4, of Decree-Law No. 75/2008, of April 22, in its current wording
- Article 26, paragraph 1, of Decree-Law No. 75/2008, of April 22, in its current wording and article 4 of Law No. 35/2014, of June 20, which approved the General Law on Public Service Employment
No. The reappointment of the Director is a decision made by the General Council, and its ratification is not legally required.
Reappointment is contingent upon an express decision by the General Council, which must be made within 60 days prior to the Director's term expires.
The validity of the decision depends on compliance with the rules applicable to the functioning of collegiate bodies, particularly regarding quorum, deliberative majorities and the formalization of resolutions, as well as the respective rules of procedure of the body.
Since this concerns the renewal of a service commission, it must be published in the 2nd Series of the Official Gazette, through the administrative services of the AE/ENA.
Legal basis:
- Article 13, paragraph 1, subparagraph b), Article 25, paragraphs 2 and 3, and Article 26, paragraph 1, of Decree-Law No. 75/2008, of April 22, in its current wording
- Article 4, paragraph 1, subparagraph c), of Law No. 35/2014, of June 20, which approved the General Law on Public Service Employment
- Articles 29(1), 31(1), and 34(1) of the Code of Administrative Procedure, approved by Decree-Law No. 4/2015, of January 7, in its current wording
The qualification for the exercise of school administration and management functions referred to in points b) and c) of paragraph 1 of article 56 of Teaching Career Statute It must correspond to specialized training in the area of school administration.
This training should:
- to be taught by a higher education institution;
- to have a duration of no less than 250 hours;
- to be accredited by the Scientific-Pedagogical Council for Continuing Education (CCPFC).
Therefore, the certificates submitted by candidates as proof of specific training for the position of director must include the respective accreditation registration as specialized training by the CCPFC.
In the context of evaluating applications, it is the responsibility of the General Council to verify compliance with these requirements.
Common situations in the evaluation of applications
| Candidate profile | Procedures to be followed |
| Teachers with 5 or more years of service are applying for the position, some with specific training and others without. | Only teachers with specific training should be admitted to the competition;
Candidates without specific training should not be admitted to the competition. |
| Only tenured teachers with 5 or more years of service and no specific training are eligible to apply. | These candidates may be admitted to the competition. |
| Career teachers and teachers with fixed-term contracts, with 5 or more years of service and specific training, are eligible to apply. | Only tenured teachers with specific training should be admitted to the competition;
Teachers with fixed-term contracts, with 5 or more years of service, and holding specific training, should be excluded, since they do not meet the legal requirements for admission to the competition (they are not tenured teachers). |
Legal basis
- Article 21, paragraph 3 of Decree-Law No. 75/2008, of April 22, in its current wording
- Article 56 of Decree-Law No. 139-A/90, of April 28, which approved the Statute of the Career of Early Childhood Educators and Teachers of Basic and Secondary Education, in its current wording.
- articles 4.º al. b), 6.º n.º1 and 8.º n.º2 of Decree-Law No. 95/97, of April 23, in its current wording
No. For the purposes of reappointment, the incumbent director cannot be required to have qualifications for the position that are higher than those he or she possessed at the time of their election.
The General Council's decision to reappoint the director does not depend on the verification of any additional or subsequent specific qualifications, provided that the director met the legally required criteria at the time of election.
Reappointment constitutes a renewal of the current mandate and does not correspond to a new competitive procedure or a new full verification of the application requirements.
Legal basis: Article 21, paragraph 4, subparagraphs b), c) and d) of Decree-Law No. 75/2008, of April 22, in its current wording
The director may be reappointed for a new term provided that the previous term resulted from a duly completed competitive selection process.
The director cannot serve more than four consecutive terms. After this limit, they can only return to office through a new competitive selection process and after an interval corresponding to at least one full term.
Legal basis: Article 25, paragraphs 3 and 4, of Decree-Law No. 75/2008, of April 22, in its current wording
The Director is the administrative and management body of the school cluster or non-clustered school in the pedagogical, cultural, administrative, financial and patrimonial areas.
In carrying out their duties, the Director is assisted by a Deputy Director and one to three Assistants.
Legal basis: articles 18 and 19 of Decree-Law No. 75/2008, of April 22, in its current wording
If no candidate obtains an absolute majority of the votes of the members of the General Council in office in the first vote, a new meeting of the General Council must be held for a new ballot.
This meeting must be convened within a maximum of five working days.
Legal basis: Article 23, paragraphs 1 and 2, of Decree-Law No. 75/2008, of April 22, in its current wording
Yes. Candidates who do not hold specialized training in school administration and management may be admitted to the competitive procedure, provided that the legally established conditions are met.
These candidates may only be considered if there are no candidates with specific qualifications, or if they do not meet the legal requirements for admission to the competition, provided that:
- They must have experience corresponding to at least one full term in the positions of director, deputy director or assistant director, president or vice-president of the executive board, executive director or assistant executive director, or member of the board of directors and/or executive board;
- They must have at least 3 years of experience as a director or pedagogical director of a private or cooperative educational institution;
- They must have a relevant curriculum in the area of school management and administration, as determined by a secret ballot, by a majority of the members of the commission foreseen in paragraph 4 of article 22.
It is the responsibility of the General Council to verify compliance with these conditions when assessing applications.
Legal basis: Article 21, paragraph 4, subparagraphs b), c) and d) and paragraph 5, of Decree-Law No. 75/2008, of April 22, in its current wording
Candidates who cumulatively meet the legally established requirements, to be verified by the General Council, may apply for the competitive selection process for the position of director. Specifically, the following may be candidates (applicants):
- Career teachers in the public education system; or professionally qualified teachers with permanent contracts in private and cooperative education systems.
- to have at least five years of teaching experience;
- to possess specific qualifications for the exercise of school administration and management functions.
It is the responsibility of the General Council to verify compliance with the admission requirements during the evaluation of applications.
Legal basis
- Article 21, paragraph 3 of Decree-Law No. 75/2008, of April 22, in its current wording
- Article 56 of Decree-Law No. 139-A/90, of April 28, which approved the Statute of the Career of Early Childhood Educators and Teachers of Basic and Secondary Education, in its current wording.
- articles 4, 6 and 8 of Decree-Law No. 95/97, of April 23, in its current wording
In the new ballot, only one candidate is admitted, or, if there is more than one candidate, only the two candidates who received the most votes in the first round.
In the second ballot, the candidate who obtains the highest number of favorable votes is considered elected, provided that this number is not less than one-third of the members of the General Council in office.
Example: in a General Council with 21 members in active service, a candidate can only be considered elected if they obtain at least seven favorable votes.
Legal basis: Article 23, paragraph 2 of Decree-Law No. 75/2008, of April 22, of July 2nd, in its current wording
The candidate who obtains an absolute majority of the votes from the members of the General Council present at the meeting is considered elected as director.
For example, if the General Council consists of 21 members and only 15 councilors were present at the meeting, the candidate who obtains at least eight votes is considered elected.
It is the responsibility of the General Council to ensure compliance with the voting rules within the framework of the director election procedure.
Legal basis: Article 23, paragraph 1, of Decree-Law No. 75/2008, of April 22, in its current wording
The General Council must decide, up to 60 days before the end of the Director's term, on their reappointment or on opening a competitive procedure with a view to holding a new election.
Reappointment depends on an express decision by the General Council, approved by an absolute majority of the General Council members in office, regardless of the number of members present at the meeting (provided the legally required quorum is met).
For example, in a General Council consisting of 21 members, the decision to reappoint requires 11 favorable votes.
There is no second round of voting for the reappointment decision.
Legal basis: Article 25, paragraphs 2 and 3 of Decree-Law No. 75/2008, of April 22, in its current wording
The relevant date for calculating the term of office of the Director is the date of their taking office. The term of office is four years, starting from that date.
Legal basis: Article 25, paragraph 1, of Decree-Law No. 75/2008, of April 22, of July 2nd, in its current wording
If no candidate obtains the number of votes required to be elected after the voting procedures outlined in the selection process, a new selection process must be opened to elect the director.
When a competitive selection process is unsuccessful or it is not possible to conclude the election process, the situation may lead to the appointment, by the head of the competent services of the Ministry of Education, Science and Innovation, of a Provisional Administrative Commission, which ensures the administration and management of the school cluster or non-clustered school until the conclusion of a new competitive selection process.
It is the responsibility of the General Council to initiate a new competitive selection process for the election of the director.
Legal basis: Article 23, paragraphs 1, 2 and 3, and Article 66, paragraph 1, of Decree-Law No. 75/2008, of April 22, in its current wording
The Director's inauguration is the formal act that marks the beginning of their term of office.
The Director takes office before the General Council.
The General Council is responsible for holding the inauguration ceremony and its formalization, within the scope of its operational and organizational powers.
Legal basis: Article 24, paragraph 1, of Decree-Law No. 75/2008, of April 22, in its current wording
The Director's performance evaluation is conducted through a process that integrates an internal component and an external component.
The internal component is the responsibility of the General Council.
The external component is based on the results of the external evaluation of the organizational unit carried out by the General Inspectorate of Education and Science (IGEC).
The purpose of the evaluation is to assess the Director's performance in carrying out their administrative and management duties.
Legal basis:
- articles article 3 and article 4 of Decree No. 266/2012, of August 30, in its current wording
- Article 2, Regulatory Decree No. 15/2012, of January 27.
In situations where the Director is absent or unable to serve, the Deputy Director will fill the role.
This replacement ensures the continuity of the administration and management of the school cluster or non-clustered school.
Legal basis: Article 20, paragraph 8, of Decree-Law No. 75/2008, of April 22, in its current wording
Provisional Administrative Commission (CAP)
The Provisional Administrative Commission (CAP) is an exceptional mechanism designed to ensure the continuity of the administration and management of the organizational unit when it is not possible to establish or operate the governing, administrative and management bodies regularly.
A CAP (Commission for the Evaluation of Public Administration) may be appointed in situations where the Director is absent or has ceased to be in office, and replacement is not possible under the legally established terms.
Legal basis: Article 66 of Decree-Law No. 75/2008, of April 22, in its current wording
General Council
Yes. The decisions of collegiate bodies can take effect before the minutes are approved, provided they have been approved in draft form and signed at the meeting itself.
In the absence of approval in writing, the resolutions only become effective after the respective minutes have been approved.
Legal basis: Article 34, paragraph 6, of the Code of Administrative Procedure, approved by Decree-Law No. 4/2015, of January 7, in its current wording
Generally, no. The applicable legal framework does not mandate the public disclosure of General Council meetings.
Aspects relating to the functioning of the body, including the possible opening of meetings or the participation of third parties, should be defined in its rules of procedure.
Any opening to the public must safeguard the regular functioning of the body and compliance with confidentiality obligations.
Legal basis: Article 27, paragraph 1 of the Code of Administrative Procedure, approved by Decree-Law No. 4/2015, of January 7, in its current wording
The President of the General Council is elected by an absolute majority vote of the General Council members in office. The election is held in accordance with the terms defined in the respective regulations.
Legal basis: Article 13, paragraph 1, subparagraph a), and paragraph 2, of Decree-Law No. 75/2008, of April 22, in its current wording.
The representatives of the different bodies on the General Council are elected by their respective peers, in accordance with the provisions of the legal framework governing the autonomy, administration and management of public educational establishments.
Candidates are submitted in separate lists for each of the represented bodies.
The conversion of votes into seats is done according to the highest average proportional representation method of Hondt.
Legal basis: articles 14 and 15 of Decree-Law No. 75/2008, of April 22, in its current wording.
Yes. The General Council may validly meet and deliberate without the presence of all its members, provided that the legally required quorum is ensured.
The body functions validly when a majority of its legally required members are present and actively performing their duties.
Decisions are made by a simple majority vote of the members present, unless a legal or regulatory provision requires a qualified majority, and the rules for convening and operating as set out in the respective regulations must be respected.
Legal basis:
- Article 68. Decree-Law No. 75/2008, of April 22, in its current wording
- Article 29 of the Code of Administrative Procedure, approved by Decree-Law No. 4/2015, of January 7, in its current wording
No. The internal regulations constitute an instrument for the organization and functioning of the organic unit, and must comply with the applicable legal and regulatory framework.
The rules contained in the internal regulations cannot contradict legal or regulatory provisions of a higher level, nor establish solutions that exceed or modify the legal regime defined by law.
The internal rules and regulations of the bodies must be drawn up in accordance with the legal framework applicable to the operation and organization of the organizational unit.
Legal basis:
- Article 3 of the Code of Administrative Procedure, approved by Decree-Law No. 4/2015, of January 7, in its current wording
- articles 9 and 13 of Decree-Law No. 75/2008, of April 22, in its current wording
The term of office for members of the General Council is, as a rule, four years.
In the case of representatives of parents and guardians and of students, the term of office is two school years.
Legal basis: Article 16, paragraphs 1 and 2, of Decree-Law No. 75/2008, of April 22, in its current wording
The General Council ordinarily meets once a quarter.
The General Council meets extraordinarily whenever convened by its President, either on his own initiative, at the request of one-third of its members in active service, or at the request of the Director.
Legal basis: Article 17, paragraphs 1 and 2, of Decree-Law No. 75/2008, of April 22, in its current wording
The number of members that make up the General Council is defined in the internal regulations of each school cluster or non-clustered school. The General Council must consist of an odd number of members, not exceeding 21.
Legal basis: Article 12, paragraph 1, of Decree-Law No. 75/2008, of April 22, in its current wording
The administration and management of school clusters and non-clustered schools is ensured by the following bodies:
-
- General Council;
- Director;
- Pedagogical Council;
- Board of Directors.
These bodies exercise their respective powers in accordance with the legal framework governing the autonomy, administration and management of schools.
Legal basis: Article 10, paragraph 2, of Decree-Law No. 75/2008, of April 22, in its current wording.
The approval of the internal regulations falls under the competence of the General Council, as the body responsible for defining strategic guidelines and the overall organization of the organizational unit.
The internal regulations constitute a structuring instrument for the functioning of the school or school group.
It is the responsibility of the General Council to decide on its approval, as well as on any changes or revisions, in the exercise of its own powers.
Legal basis: Article 13, paragraph 1, d) of Decree-Law No. 75/2008, of April 22, in its current wording
The General Council meetings are convened in accordance with the terms defined in its regulations, which establish the rules for the organization and functioning of the body.
As a rule, the convocation is carried out by the President of the General Council, as he is responsible for ensuring the regular functioning of the body.
The specific terms of the convocation, as well as the possibility of holding extraordinary meetings, should be verified in the rules of procedure of the General Council.
Legal basis:
- Article 17, paragraph 1, and Article 55, paragraphs 1 and 2, of Decree-Law No. 75/2008, of April 22, in its current wording
- Articles 23, paragraphs 1 and 2, and 24 of the Code of Administrative Procedure, approved by Decree-Law No. 4/2015, of January 7, in its current wording
The General Council is composed of representatives from the teaching staff; non-teaching staff; parents and guardians; students; the municipality; and the local community.
Student representatives must be at least 16 years old.
The number of representatives of teaching and non-teaching staff, combined, cannot exceed 50 % of the total number of members of the General Council.
The Director participates in the General Council meetings, but does not have the right to vote.
Legal basis: Article 12, paragraphs 2, 3 and 4, of Decree-Law No. 75/2008, of April 22, in its current wording
Director
Yes. The result of the recruitment and election procedure for the Director is subject to approval by the competent educational administration body, which is responsible for verifying the legal conformity of the procedure and compliance with applicable requirements.
The assessment focuses on the regularity of the competitive procedure, specifically regarding the opening of the competition, the admission and evaluation of applications, and the decision of the General Council.
The decision must be issued within 10 working days after the communication of the election results to AGSE, IP, by the President of the General Council, and will be considered tacitly approved if no decision is adopted within this period. Any non-approval can only be based on illegality or irregularity in the procedure.
Since this is a service commission, it must be published in the 2nd Series of the Official Gazette, through the administrative services of the AE/ENA.
Legal basis:
- Article 23, paragraph 4, of Decree-Law No. 75/2008, of April 22, in its current wording
- Article 26, paragraph 1, of Decree-Law No. 75/2008, of April 22, in its current wording and article 4 of Law No. 35/2014, of June 20, which approved the General Law on Public Service Employment
No. The reappointment of the Director is a decision made by the General Council, and its ratification is not legally required.
Reappointment is contingent upon an express decision by the General Council, which must be made within 60 days prior to the Director's term expires.
The validity of the decision depends on compliance with the rules applicable to the functioning of collegiate bodies, particularly regarding quorum, deliberative majorities and the formalization of resolutions, as well as the respective rules of procedure of the body.
Since this concerns the renewal of a service commission, it must be published in the 2nd Series of the Official Gazette, through the administrative services of the AE/ENA.
Legal basis:
- Article 13, paragraph 1, subparagraph b), Article 25, paragraphs 2 and 3, and Article 26, paragraph 1, of Decree-Law No. 75/2008, of April 22, in its current wording
- Article 4, paragraph 1, subparagraph c), of Law No. 35/2014, of June 20, which approved the General Law on Public Service Employment
- Articles 29(1), 31(1), and 34(1) of the Code of Administrative Procedure, approved by Decree-Law No. 4/2015, of January 7, in its current wording
The qualification for the exercise of school administration and management functions referred to in points b) and c) of paragraph 1 of article 56 of Teaching Career Statute It must correspond to specialized training in the area of school administration.
This training should:
- to be taught by a higher education institution;
- to have a duration of no less than 250 hours;
- to be accredited by the Scientific-Pedagogical Council for Continuing Education (CCPFC).
Therefore, the certificates submitted by candidates as proof of specific training for the position of director must include the respective accreditation registration as specialized training by the CCPFC.
In the context of evaluating applications, it is the responsibility of the General Council to verify compliance with these requirements.
Common situations in the evaluation of applications
| Candidate profile | Procedures to be followed |
| Teachers with 5 or more years of service are applying for the position, some with specific training and others without. | Only teachers with specific training should be admitted to the competition;
Candidates without specific training should not be admitted to the competition. |
| Only tenured teachers with 5 or more years of service and no specific training are eligible to apply. | These candidates may be admitted to the competition. |
| Career teachers and teachers with fixed-term contracts, with 5 or more years of service and specific training, are eligible to apply. | Only tenured teachers with specific training should be admitted to the competition;
Teachers with fixed-term contracts, with 5 or more years of service, and holding specific training, should be excluded, since they do not meet the legal requirements for admission to the competition (they are not tenured teachers). |
Legal basis
- Article 21, paragraph 3 of Decree-Law No. 75/2008, of April 22, in its current wording
- Article 56 of Decree-Law No. 139-A/90, of April 28, which approved the Statute of the Career of Early Childhood Educators and Teachers of Basic and Secondary Education, in its current wording.
- articles 4.º al. b), 6.º n.º1 and 8.º n.º2 of Decree-Law No. 95/97, of April 23, in its current wording
No. For the purposes of reappointment, the incumbent director cannot be required to have qualifications for the position that are higher than those he or she possessed at the time of their election.
The General Council's decision to reappoint the director does not depend on the verification of any additional or subsequent specific qualifications, provided that the director met the legally required criteria at the time of election.
Reappointment constitutes a renewal of the current mandate and does not correspond to a new competitive procedure or a new full verification of the application requirements.
Legal basis: Article 21, paragraph 4, subparagraphs b), c) and d) of Decree-Law No. 75/2008, of April 22, in its current wording
The director may be reappointed for a new term provided that the previous term resulted from a duly completed competitive selection process.
The director cannot serve more than four consecutive terms. After this limit, they can only return to office through a new competitive selection process and after an interval corresponding to at least one full term.
Legal basis: Article 25, paragraphs 3 and 4, of Decree-Law No. 75/2008, of April 22, in its current wording
The Director is the administrative and management body of the school cluster or non-clustered school in the pedagogical, cultural, administrative, financial and patrimonial areas.
In carrying out their duties, the Director is assisted by a Deputy Director and one to three Assistants.
Legal basis: articles 18 and 19 of Decree-Law No. 75/2008, of April 22, in its current wording
If no candidate obtains an absolute majority of the votes of the members of the General Council in office in the first vote, a new meeting of the General Council must be held for a new ballot.
This meeting must be convened within a maximum of five working days.
Legal basis: Article 23, paragraphs 1 and 2, of Decree-Law No. 75/2008, of April 22, in its current wording
Yes. Candidates who do not hold specialized training in school administration and management may be admitted to the competitive procedure, provided that the legally established conditions are met.
These candidates may only be considered if there are no candidates with specific qualifications, or if they do not meet the legal requirements for admission to the competition, provided that:
- They must have experience corresponding to at least one full term in the positions of director, deputy director or assistant director, president or vice-president of the executive board, executive director or assistant executive director, or member of the board of directors and/or executive board;
- They must have at least 3 years of experience as a director or pedagogical director of a private or cooperative educational institution;
- They must have a relevant curriculum in the area of school management and administration, as determined by a secret ballot, by a majority of the members of the commission foreseen in paragraph 4 of article 22.
It is the responsibility of the General Council to verify compliance with these conditions when assessing applications.
Legal basis: Article 21, paragraph 4, subparagraphs b), c) and d) and paragraph 5, of Decree-Law No. 75/2008, of April 22, in its current wording
Candidates who cumulatively meet the legally established requirements, to be verified by the General Council, may apply for the competitive selection process for the position of director. Specifically, the following may be candidates (applicants):
- Career teachers in the public education system; or professionally qualified teachers with permanent contracts in private and cooperative education systems.
- to have at least five years of teaching experience;
- to possess specific qualifications for the exercise of school administration and management functions.
It is the responsibility of the General Council to verify compliance with the admission requirements during the evaluation of applications.
Legal basis
- Article 21, paragraph 3 of Decree-Law No. 75/2008, of April 22, in its current wording
- Article 56 of Decree-Law No. 139-A/90, of April 28, which approved the Statute of the Career of Early Childhood Educators and Teachers of Basic and Secondary Education, in its current wording.
- articles 4, 6 and 8 of Decree-Law No. 95/97, of April 23, in its current wording
In the new ballot, only one candidate is admitted, or, if there is more than one candidate, only the two candidates who received the most votes in the first round.
In the second ballot, the candidate who obtains the highest number of favorable votes is considered elected, provided that this number is not less than one-third of the members of the General Council in office.
Example: in a General Council with 21 members in active service, a candidate can only be considered elected if they obtain at least seven favorable votes.
Legal basis: Article 23, paragraph 2 of Decree-Law No. 75/2008, of April 22, of July 2nd, in its current wording
The candidate who obtains an absolute majority of the votes from the members of the General Council present at the meeting is considered elected as director.
For example, if the General Council consists of 21 members and only 15 councilors were present at the meeting, the candidate who obtains at least eight votes is considered elected.
It is the responsibility of the General Council to ensure compliance with the voting rules within the framework of the director election procedure.
Legal basis: Article 23, paragraph 1, of Decree-Law No. 75/2008, of April 22, in its current wording
The General Council must decide, up to 60 days before the end of the Director's term, on their reappointment or on opening a competitive procedure with a view to holding a new election.
Reappointment depends on an express decision by the General Council, approved by an absolute majority of the General Council members in office, regardless of the number of members present at the meeting (provided the legally required quorum is met).
For example, in a General Council consisting of 21 members, the decision to reappoint requires 11 favorable votes.
There is no second round of voting for the reappointment decision.
Legal basis: Article 25, paragraphs 2 and 3 of Decree-Law No. 75/2008, of April 22, in its current wording
The relevant date for calculating the term of office of the Director is the date of their taking office. The term of office is four years, starting from that date.
Legal basis: Article 25, paragraph 1, of Decree-Law No. 75/2008, of April 22, of July 2nd, in its current wording
If no candidate obtains the number of votes required to be elected after the voting procedures outlined in the selection process, a new selection process must be opened to elect the director.
When a competitive selection process is unsuccessful or it is not possible to conclude the election process, the situation may lead to the appointment, by the head of the competent services of the Ministry of Education, Science and Innovation, of a Provisional Administrative Commission, which ensures the administration and management of the school cluster or non-clustered school until the conclusion of a new competitive selection process.
It is the responsibility of the General Council to initiate a new competitive selection process for the election of the director.
Legal basis: Article 23, paragraphs 1, 2 and 3, and Article 66, paragraph 1, of Decree-Law No. 75/2008, of April 22, in its current wording
The Director's inauguration is the formal act that marks the beginning of their term of office.
The Director takes office before the General Council.
The General Council is responsible for holding the inauguration ceremony and its formalization, within the scope of its operational and organizational powers.
Legal basis: Article 24, paragraph 1, of Decree-Law No. 75/2008, of April 22, in its current wording
The Director's performance evaluation is conducted through a process that integrates an internal component and an external component.
The internal component is the responsibility of the General Council.
The external component is based on the results of the external evaluation of the organizational unit carried out by the General Inspectorate of Education and Science (IGEC).
The purpose of the evaluation is to assess the Director's performance in carrying out their administrative and management duties.
Legal basis:
- articles article 3 and article 4 of Decree No. 266/2012, of August 30, in its current wording
- Article 2, Regulatory Decree No. 15/2012, of January 27.
In situations where the Director is absent or unable to serve, the Deputy Director will fill the role.
This replacement ensures the continuity of the administration and management of the school cluster or non-clustered school.
Legal basis: Article 20, paragraph 8, of Decree-Law No. 75/2008, of April 22, in its current wording
Provisional Administrative Commission (CAP)
The Provisional Administrative Commission (CAP) is an exceptional mechanism designed to ensure the continuity of the administration and management of the organizational unit when it is not possible to establish or operate the governing, administrative and management bodies regularly.
A CAP (Commission for the Evaluation of Public Administration) may be appointed in situations where the Director is absent or has ceased to be in office, and replacement is not possible under the legally established terms.
Legal basis: Article 66 of Decree-Law No. 75/2008, of April 22, in its current wording
Atualizado em April 15, 2026