Quality assurance in early childhood and school education

According to Law No 31/2002, 20 December, the education and non-higher education evaluation system includes pre-school, basic and upper secondary school education, as well as out-of-school provision and special types of education; this applies to the public, private, cooperative and solidarity school network.

Evaluation of the education system is undertaken by several bodies, and their contribution and the object of evaluation are quite diverse. The evaluation system’s organisational structure includes the National Education Council and the Ministry of Education, Science and Innovation (MECI) departments, whose statutes indicate responsibilities for education system assessments.

The National Education Council issues opinions, advice, and recommendations, especially regarding:

• the rules governing the self-evaluation process.
• the annual external evaluation work plan.
• the outcomes of both internal and external evaluation processes.

The National Education Council may request any information it deems necessary from the MECI, as well as recommend that the Ministry use certain evaluation processes (Law No 31/2002, 20 December). 

The MECI departments are responsible for planning, coordinating, and defining evaluation processes, implementing, and developing the evaluation of the national education system, as well as identifying relevant information, defining and implementing data-gathering systems and processes.

Educational system and school evaluation is the responsibility of (Decree-Law No 125/2011, 29 December) the Inspectorate-General of Education and Science (IGEC), the Directorate General for Education and Science Statistics (DGEEC), and the former Institute of Educational Assessment (IAVE, I.P.) merged into the Institute for Education, Quality and Evaluation (EduQA, I.P.).

The MECI's departments provide written reports with both quantitative and qualitative break down, as well as a three-year report providing a diagnosis and prospective analysis of the education system.This process also covers the assessment criteria applied to:

Teachers - early childhood, primary and secondary school teachers (Regulatory Decree No. 26/2012, 21 February, as currently worded): 

• Teachers’ self-assessment is carried out annually and covers the work undertaken during that period. 
• The assessment focuses on three areas of performance and involves different assessors:
  • Internal assessor – assesses the teacher’s activities in the following areas: academic and teaching; involvement in the school and relations with the community; and continuing education and professional development;
  • External evaluator – assesses the scientific and pedagogical dimension.

Headteachers (Ministerial Order No. 266/2012, 30 August):

• By the end of the school year preceding the date set for the completion of the evaluation cycle, the headteacher shall submit a critical self-evaluation report to the internal evaluation body.
  • The internal evaluation is carried out by the general council.
  • The external evaluation is based on the results of the most recent external evaluation carried out by the IGEC.

Schools - public or private, of all types (Law No. 31/2002, 20 December, as currently in force):

• Self-evaluation is mandatory and an ongoing process, and must comply with duly certified quality standards. Under the terms of Article 60 of Decree-Law No. 92/2014, 20 June, as currently worded, vocational schools must also implement quality assurance systems aligned with the European Quality Assurance Reference Framework for Vocational Education and Training (EQAVET).
• External evaluation is structured on the basis of elements including, in particular: the current learning assessment system; actions carried out by IGEC; and specialist studies.

The evaluation of the education system includes external evaluation, which is structured around a number of key elements, notably: the current learning assessment system; evaluation processes carried out by MECI departments; and specialist studies (Law No. 31/2002, 20 December, as currently in force).
The evaluation of the education system as a whole is also carried out through participation in international studies.

Education and training provision for young people is subject to internal and external quality assurance. Vocational schools, alongside private and cooperative schools and the public school network, are responsible for providing dual education and vocational work-linked training courses for young people in compulsory schooling.

• Internal evaluation is the responsibility of schools according to internal criteria and involves school, teacher, and student self-evaluation. In terms of quality assurance, vocational schools must implement systems that focus on educational processes and student results, aligned with the European Quality Assurance Reference Framework for Vocational Education and Training (EQAVET) (see Decree Law No 92/2014, 20 June).
• External evaluation of education and training provision for young people is regulated by Decree-Law No 92/2014, 20 June. In addition to establishing the legal framework of private and public vocational schools at non-higher education level, regulating their creation, organisation and operation, this legislation also determines state authority and supervision over them. The Ministry of Education is responsible for external evaluation, assessing the pedagogical and scientific quality of the teaching in private and public vocational schools. IGEC oversees supervision and ensures the law is obeyed and sanctions are applied to schools when necessary.

The former National Agency for Qualification and Vocational Education (ANQEP, IP), now the Institute for Education, Quality and Evaluation (EduQA, I.P.), is responsible for monitoring vocational school evaluation, the implementation of quality assurance systems and the certification of schools as EQAVET systems (see Decree-Law No 92/2014, 20 June).

It is worth noting that ANQEP I.P./EduQA, I. P.  monitors upper secondary schools, as well as basic and upper secondary schools with dual certification programmes in the same way. This is a specific feature of the national EQAVET model. 

See more detailed information on external evaluation of education and training provision for young people (including dual certification provision for young people in public upper secondary schools) in Subchapter 10.1 Quality Assurance in Early Childhood and School Education.

Quality assurance in higher education

Higher education quality assurance is both internal and external, including international evaluation at different levels. Being compulsory, if refused, study cycle accreditation is cancelled, and an investigation of institutional operating conditions launched with the subsequent legal consequences.

Internal quality assurance is conducted by higher education institutions (HEI) according to their own regulations, as part of their institutional autonomy. HEIs have their own internal quality assurance systems, which must include teacher assessment.  

In the drafting of Law No 38/2007, 16 August, which approves the legal framework for higher education assessment, via Decree-Law No 369/2007, 5 November, the Portuguese state created the Agency for Assessment and Accreditation of Higher Education (Agência de Avaliação e Acreditação do Ensino Superior - A3ES). This body is responsible for the assessment and accreditation of higher education institutions and their study cycles, as well as Portugal’s duties in the European system of higher education quality assurance. A3ES does not undertake individual teacher evaluation.

Pursuant to Article 2(2)(h) of Regulatory Decree No 15/2012, 27 January, IGEC designs, plans and carries out inspections and audits of HEI, whilst respecting their autonomy, and of their social services.
With regard to the performance appraisal of teaching staff, pursuant to Article 74-A of the Statute of the University Teaching Career, approved by Decree-Law No. 448/79, 13 November, as currently worded, and Article 35-A of the Statute of the Career of Teaching Staff in Polytechnic Higher Education, approved by Decree-Law No. 185/81, 1 July, as currently worded, public higher education teaching staff are subject to a performance evaluation regime set out in regulations approved by the HEI, after consultation with trade unions, which must comply with the principles listed in paragraph 2 of the aforementioned regulations.

More detailed information can be found in Subchapter 10.2 - Quality Assurance in Higher Education.

Quality assurance in adult education and training

The National Qualifications System (SNQ) includes system quality principles, which should ensure vocational education and training quality through:

• the National Qualifications Catalogue (CNQ),
• the adoption of quality assurance systems aligned with the principles of the European Quality Assurance Reference Framework for Vocational Education and Training (EQARFVET),
• the certification of training bodies,
• the qualification of trainers and other training staff,
• the periodic evaluation of their results.

The quality of SNQ also depends on school and vocational information and guidance, as well as public funding of vocational training.

The departments responsible for implementing education and vocational training policies also monitor them, collecting information relevant for their evaluation. The bodies responsible for devising vocational education and training policies assess their implementation, including the overall assessment of the SNQ.

As part of its responsibilities, the former ANQEP, IP, now EduQA, I.P.,  assumed key duties in this area, including:

• ensuring the continuous and permanent updating of the catalogue, within the scope of National Qualifications System (SNQ), i.e., the qualifications reference framework guiding training and recognition of acquired skills for certification purposes.
• coordinating and organising the structure of dual-certification education and training provision for young people and adults, as well as employing diagnostic means that help align training provision and demand.
• coordinating and managing adult education and training mechanisms and provision via the Qualifica Centres network.

This model should consider the principles enshrined in the European Quality Assurance Reference Framework for Vocational Education and Training (EQAVET), as well as analysis and proposals for recommendations resulting from the "Quality Assurance in Adult Education and Training" project. 

The guiding principles of the Qualifica Centres’ Quality Charter are the following:
•    to ensure that adult qualification is of a high standard at Qualifica Centres;
•    to improve effectiveness and efficiency by making them results-oriented;
•    to foster Qualifica Centres’ autonomy and responsibility;
•    to promote self-assessment and continuous improvement with all Qualifica Centres' activity.

The Qualifica Centres' Quality Charter aims to cover all its areas of intervention, from arrival to the monitoring the adult’s qualification pathway, inside or outside the Qualifica Centre.

More detailed information can be found in Subchapter 10.3 - Quality Assurance in Adult Education and Training.

Quality assurance key legislation

Early childhood and school education

• Decree-Law No 92/2014, 20 June - establishes the legal framework of private and public vocational schools in non-higher education, regulating their creation, organisation, and operation, as well as the state’s authority and supervision regarding them.
• Decree-Law No. 152/2013, 4 November (amended by Law No. 36/2012, 14 June) – establishes the Statute of Private and Cooperative Education at non-higher education level.
• Ordinance No. 266/2012, 30 August – sets out the rules governing the performance appraisal of school headteachers.
• Regulatory Decree No 26/2012, 21 February - regulates the teaching staff performance assessment system in pre-school education and basic and upper secondary education, revoking Regulatory Decree no. 2/2010 23rd June.
• Decree-Law No 125/2011, 29 December - approves the Ministry of Education and Science Organic Law and establishes the Inspectorate-General of Education and Science’s (Inspeção-Geral da Educação e Ciência - IGEC) powers regarding education system quality (pre-school, basic, upper secondary and out-of-school education).
• Law No 31/2002, 20 December - approves the pre-school, basic and upper secondary education establishments’ evaluation system throughout the public, private, cooperative and solidarity network, defining general guidelines for self-evaluation and external evaluation. Part of this involves an evaluation programme of kindergartens and public basic and upper secondary schools that has been developed since 2006.
• Decree-Law No. 139-A/90, 28 April (amended and republished by Decree-Law No. 41/2012, 21 February, and amended by Decree-Law No. 146/2013, 22 October, by Laws No. 80/2013, 28 November, No. 12/2016, 28 April, and No. 16/2016,17  June, and by Decree-Law No. 139-B/2023, 29 December) – approves the Statute on the Career of Early Childhood Educators and Primary and Secondary School Teachers.
• Decree-Law No. 147/97, 11 June - Legal Framework for Pre-School Education Development - Article 16 - Evaluation.
• Law No. 5/97 10 February - Framework Law for Pre-School Education - Chapter VII - Evaluation and inspection.
• Law No 46/86,14 October (amended by Law No 49/2005 and Law No 85/2009) - Education Act - establishes the general framework of the Portuguese education system, including compulsory schooling and the principles of quality in education. Chapter VII - development and evaluation of the educational system.

Higher education

• Decree-Law No 133/2019, 3 September - approves the legal framework for distance learning.
• Decree-Law No 369/2007, 5 November - establishes the Agency for Assessment and Accreditation of Higher Education and approves its statutes, as well as regulating certain important aspects of the accreditation of higher education institutions and study cycles.
• Law No 62/2007, 10 September - establishes the legal framework for higher education institutions, regulating their foundation, duties and organisation, the operations and responsibilities of their different bodies and departments, as well as how the state governs and supervises them.
• Law No 38/2007, 16 August  - approves the legal framework for higher education quality assurance applied to all institutions and study cycles, as amended by Law No 94/2019, 4 September.
• Decree-Law No 74/2006, 24 March - approves the new legal framework for higher education degrees and diplomas, establishing the accreditation of higher education study cycles and institutions (adaptation to Bologna) for the first time. by Decree-Law No 107/2008, 25 June, by Decree-Law No 230/2009, 14 September, and Decree-Law No 115/2013, amended and republished by Decree-Law No 65/2018, 16 August.
• Law No 49/2005, 30 August - amends the Education Act (Law No 46/86, 14 October), specifically regarding higher education. 
• Decree-Law No 42/2005, 22 February - amended by Decree-Law No 107/2008, 25 June, which approves the principles governing mechanisms for creating European higher education.
• Law No 37/2003, 22 August - amended by Laws No 49/2005, 30 August, No 62/2007, 10 September, Law No 68/2017, 9 August and No 42/2019, 21 June, which establishes the basis for higher education funding.
• Decree-Law No 185/81, 1 July  - approves the Polytechnic Higher Education Teaching Career Statute (Estatuto de Carreira do Pessoal Docente do Ensino Superior Politécnico – ECPDESP) in public institutions, amended and republished by Decree-Law 207/2009, 31 August and later amended Law 7/2010, 13 May.
• Decree-Law No 448/79, 13 November - approves the University Higher Education Teaching Career Statute (Estatuto da Carreira Docente Universitária – ECDU) in public institutions, amended and republished by Decree-Law No 205/2009, 31 August and later amended by Law No 8/2010, 13 May.

Adult education and training

• Decree-Law No 396/2007, 31 December - with the amendments introduced by Decree-Law No 14/2017, 26 January, which establishes the legal framework for the National Qualifications System (SNQ) and defines operational structure.
• Law No 31/2002, 20 December - approves the non-higher education system and its evaluation system.