The text, written by Councilor Claudia Guerrero (PDT), also establishes guaranteed spaces for children and adolescents with permanent mobility in municipal schools near their homes. The executive argued that the proposal was used to veto, saying the project was unconstitutional to limit the benefits to the public in question.
“Material unconstitutionality is characterized by a violation of the fundamental right to the promotion of adult education, as the proposal in question seeks to limit enrollment priorities only near the residence of children and adolescents, excluding others which violate the provisions of the law. , Approved by Legislative Decree no.
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The mayor added that the proposed law violates the constitution of persons with disabilities, based on law no.
The motion returns to the chamber, which will vote on the mayor’s veto of maintenance or removal this Thursday (12).
In November 2021, the municipality of Uberlandia issued an ideological guideline limiting the maximum capacity of space provided per class for students with disabilities in municipal schools by 10%.
The directive has created difficulties for parents with autistic children who applied for enrollment earlier this year. At that time, there was an article on this subject in the diary. Resolution was the subject of representation by the State Public Ministry (MPE) against the decision of the municipality.
At the time, OAB Uberlandia’s vice-president of the Commission for Persons with Disabilities, Fernanda Pantaleo, told Diario that the ideological guidelines that set this percentage of vacancies for children with disabilities were unconstitutional because they violated the Federal Constitution (CF). EPD) and with Children and Adolescents (ECA).
“Furthermore, if we go deeper, if we look at the 2015 Constitution on Persons with Disabilities, there is an amendment to Article 98 which is made into a law of 89, which constitutes a punishable offense for repeal, suspension, closure. Registration of students in any course or degree educational institution due to any disability, ”he said.
Also, according to Fernanda Pantaleão, there is no reason to limit the number of children with disabilities, which creates a feeling of exclusion. “Above all, the child is in first contact with society and will be established through school. This coercion, which makes it difficult for parents, leads to a number of violations of the rights of children and adolescents that will not only interfere with education, but also the development of the child, “he said.
In response to a question, Uberlandia City Hall said at the time that the move was aimed at serving students with disabilities in the best possible way, without depriving them of the right to a place in the (regular) school recommended by the federal constitution, LDBEN. And other legal provisions.
The municipality further states that there is no vacancy limit for students with disabilities and that, when schools receive enrollment from these students, their services are categorized according to priority order or directed to units located near their place of residence.
It further clarified that it does not exclude students because of their differences and the purpose of this “10% limit”, which according to the municipality also provides the possibility of analysis, as it is only an organizational parameter, which is for public students. Education special “every room”, quality work is offered.