Back to school: schools cannot require materials for collective use; guardians have a right to know how items will be used

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Federal law on the subject has been in force since 2014 and applies to both private and public schools; g1 prepared a list with examples of products whose imposition is prohibited. The 2023 school year begins in February in most Brazilian schools and, as the resumption of classes approaches, so does the period for purchasing and organizing school supplies. Educational institutions publish, annually, a list of necessary items for each student – ​​but not every type of product may be required. Brazilian legislation determines that schools cannot charge parents or guardians for items for collective use, that is, those that will be used by all students or that will benefit the entire school community. The rule applies to private and public schools. Blackboard brushes, for example, are considered materials for collective use, as their use favors everyone in the classroom. Notebooks, however, are materials for individual use, that is: each student needs to have their own. READ ALSO: Government is studying readjusting the value passed on to school meals before the start of the school year Education: 48% of rural schools in Acre do not have access to electricity, points out Anatel There is no definitive list of materials whose requirement is prohibited, but the Federal Law 12.886/2013, which came into effect in 2014, determines the nullity of any “additional payment or [ao] supply of any school material for collective use by students or the institution, necessary for the provision of educational services”. The lawyer specializing in consumer law David Guedes explains that parents or guardians can question the schools if they have doubts about the materials requested. ” We know what will be used only by the child and that is what the parents have to buy”, he says. Guedes stresses that parents and guardians have the right to know how each material requested will be used by the student in their pedagogical activities and they can oppose the requirement, if they disagree with what the educational institution says. “It is necessary to pay attention to unusual situations. Items that have nothing to do with the age group or the activities carried out. Asking a compass for a child in kindergarten, for example.” The lawyer says that it is necessary to take into account the pedagogical reality of the students and relate the items requested by the school with the activities carried out by the students. List of school supplies Art g1 Him he also explains that, if they wish, parents and guardians can ask the educational institution for the pedagogical project for the school year. g1 prepared a list with examples of materials for collective use to help parents and guardians. See below: Structure for the classroom: brush or chalk for the blackboard, ink for the printer, brush or pen for the overhead projector, eraser for the blackboard or blackboard; Materials for cleaning and maintenance: sponge, flannel, detergent, powdered soap, disinfectant, alcohol 70, paper towel, toilet paper; Office items: hanging folder sa to file; plastic for binder folder, stapler and staples, hole punch, stamp, printer ink; Disposable products: cups, cutlery, plates, handkerchiefs, garbage bags, napkins, toothpicks; Civil construction materials: paint, brush, mortar, cement, bricks, ceramics; Other items: cotton, styrofoam, clothespins, adhesive tapes, double-sided tapes, decorative tapes, medicines. How to act? The expert advises that, if parents or guardians decide to question the request for any item on the list, it is best to do so in writing, to formalize the procedure and leave the process on record. “Schools are generally environments open to debate”, says Guedes. “But if the dissatisfaction is of all the parents or of a group of them, there are associations of parents or guardians that can help in the dialogue”, he adds. Associations can be urged to intervene on behalf of the group and are in a position to engage in a more incisive dialogue with educational institutions. If the situation is not resolved, it is still possible to trigger the Procon (Consumer Protection and Defense Program). The lawyer explains that the body has the ability to notify schools and eventually apply punishments. If even then the disagreement persists, which is rare, the judiciary can be triggered. Private and public Charging for materials for collective use is prohibited for both private and public educational institutions. Guedes states that such items make up the structure that must be offered by schools. In the case of private institutions, the amounts corresponding to the structure must be included in the monthly fees and extra amounts cannot be charged. In the case of public schools, where there is no monthly fee, the rule also applies: everything that is part of the structure that must be provided by the school cannot be charged to parents or guardians. “Public services are regulated by Article 22 of the Consumer Protection Code, from the service offered at the health center to public education”, underlines Guedes. The code determines that “Public bodies, by themselves or their companies, concessionaires, permissionaires or in any other form of enterprise, are obliged to provide adequate, efficient, safe and, as for the essentials, continuous services”. It is not uncommon for public schools to make requests for donations to the school community, as the lawyer recalls, but parents are under no obligation to collaborate. “Many public schools have a structural deficit, it is common for them to ask for donations”, says the specialist, but points out that “common sense” is the key word: only those who want to collaborate. Embarrassment An important rule highlighted by the expert is that no student can be prevented from participating in any pedagogical activity. “Children cannot go through the embarrassment of not participating in an activity because their parents or guardians failed to buy an item requested by the school”, he stresses. Cases of this nature can even lead to claims for compensation for the discomfort caused to students. Other prohibitions In addition to the prohibition of requiring materials for collective use, educational institutions also cannot charge that items are of specific brands or that they are purchased in specific stores. It is also not allowed to demand that the materials be new: it is possible to reuse or buy used items. Guedes explains that there are exceptions. The purchase of products involving copyright, such as exclusive uniforms or handouts, cannot be questioned. “In these situations, parents cannot fight. The uniform is something patented, it cannot be replaced”, quotes the expert. “But you have to be reasonable, including the prices charged”, he reiterates.

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