When things go wrong with the school or the exams

Most families never need this guide. Many schools handle home education well, and many tutor teachers become real allies. But some schools do not know the law, some ask for more than it requires, and exams do not always go to plan. This guide sets out what the law says in each situation, so you can respond calmly and on solid ground.

Start from cooperation

A firm, friendly letter solves more problems than a formal complaint. Before escalating:

• put your request or concern in writing, briefly, and cite the article of the law;
• ask for a meeting with the director or the tutor teacher;
• assume good faith: a school that has never had a homeschooler may simply not know the rules.

Our templates include letters for the most common situations.

The school refuses to accept your request

Associations of homeschooling families report schools telling parents that home education "is not allowed", or refusing to receive the request.44. ANPED, exposição à Assembleia da República sobre constrangimentos no ensino domésticoAssembleia da República Home education is a legal option, and the law sets out the procedure:11. Decreto-Lei n.º 70/2021, de 3 de agostoDiário da República

• The request goes to the director of the state school serving your home address that offers your child's year, or to a private school of your choice. It should preferably be sent by email or an electronic platform.
• The law does not list approved reasons for home education. The grounds for refusal concern the educator (cannot teach in person, lacks the required qualification, is not a relative or co-resident) and missing documents or information.

If a school will not take the request in person, send it by email to the school's official address and keep the sent message. The date your request is registered starts the clock.

The school does not answer

For home education (ensino doméstico), the director must decide within 15 working days of registering the request. The director can ask for a pedagogical opinion, which takes up to 5 working days.1 If the request is approved, the school notifies you within 10 working days with a draft collaboration agreement (protocolo de colaboração).1

DL 70/2021 does not say what happens if the deadline passes with no decision. In that case:

• send a short written reminder, citing article 11.º of DL 70/2021 and the date of your request;
• ask for the registration number of your request;
• if there is still no reply, contact the regional services of the ministry (see the table below) and keep a record of each step.

The school intends to refuse

Before refusing, the director must give you a prior hearing (audiência prévia) of at least 10 working days, in which you can answer the reasons. The final decision must be reasoned and issued within 10 working days.1 Use the hearing: often the problem is a missing document that you can supply.

If the request is refused, you can lodge a hierarchical appeal (recurso hierárquico) within 10 working days. For ensino doméstico the law sends it to the director-general of DGEstE; for ensino individual, to the Minister of Education.1 See the section on the 2025 reorganisation below.

The school asks for more than the law requires

This is the most common source of friction. Associations report schools demanding written plans split by term with resources for the whole year, treating the portfolio as an exam, or requiring tests that no longer exist.4

Much of what schools ask is negotiable rather than unlawful. The frequency of portfolio delivery, for example, is set in the protocol, and the protocol is agreed "after prior negotiation", with up to 10 working days for it.1 The Movimento Educação Livre suggests that if the school wants a written plan, you ask for clear guidance on its structure.55. Perguntas frequentesMovimento Educação Livre (MEL)

Practical approach: ask politely which rule the request is based on, propose a reasonable alternative, and write the agreement into the protocol. See The protocol.

Exams do not go well

One bad exam season does not end home education.

• Second phase. In ensino básico, homeschoolers retake in the 2.ª fase only the subjects where they were below level 3 (or "Insuficiente" in 1.º ciclo), and may choose to sit only those needed for approval.2
• Do not miss the first phase. Missing a 1.ª fase test without a serious, documented reason bars your child from that test in the 2.ª fase.2
• Two-component tests. Both components must be taken in the same phase. Missing one means no grade for the subject.2
• Repeating the year. If your child is still not approved, they repeat the final year of the cycle, still in home education.1

The school cancels home education authorisation after two consecutive years of non-approval at the end of a cycle, or two consecutive years of non-approval in the 11.º ano final-year subjects or at the end of secundário.1

Breach of the protocol

The director also cancels home education if the protocol is breached, unless you show that the breach was not your fault.1 Your main duties are to:1

• present the portfolio as often as the protocol says;
• register your child on time for ModA, equivalence tests, provas finais and national exams, and make sure they attend;
• attend the school when summoned;
• keep your identification details up to date.

Most breaches are missed deadlines. A shared calendar with the protocol dates avoids most of them.

Cancellation: the procedure and your options

Before cancelling, the director must hear you for at least 10 working days.1 If home education is cancelled, your child must move to in-person school with effect from the tenth working day after the notification.1 For ensino individual, the director proposes the cancellation and the central body decides.1

You can appeal to the Minister within 10 working days, but the appeal does not suspend the decision unless the Minister decides otherwise.1 In practice, prepare for the move to school while the appeal runs. See Returning to school.

Who does what after the 2025 reorganisation

DL 70/2021 has not been updated to name the new bodies, and the decree that abolished DGEstE does not say which of its successors now exercises the powers DL 70/2021 gave to DGEstE's director-general.3 Until this is clarified:

• ask the school in writing which body will hear an appeal, and address your appeal to the body named in the school's decision;
• send a copy of the appeal to the school as well, so there is a second record that it was lodged in time;
• keep proof of the date of every submission.

Families can also ask for support from the national associations of homeschooling families, ANPED and MEL, which follow these issues with the ministry.45

Keep records

Good records turn a dispute into a simple check of facts:

• every request, email and letter, with the date sent;
• the signed protocol and any changes;
• proof of portfolio delivery, and the tutor's written appraisals;
• test registrations and results;
• notes of meetings, sent to the school afterwards as a short summary.

Stay cooperative

Even when you disagree, the school remains your child's school of enrolment for the year. Keep your tone factual, acknowledge what works, and separate the person from the problem. A school that feels respected is far more likely to find a solution with you.