The School Organization of the Inclusion Student and Guarantees of Rights.

Juliana de Oliveira Costa; Marcos Cesar Rodrigues de Miranda

DOI: 10.22167/2675-6528-202603081

Article derived from a Course Conclusion Work (TCC), with content based on the student’s original work and adapted to the editorial format of the E&S Magazine with the support of the ResumeAI tool, an artificial intelligence solution developed by Instituto Pecege for textual synthesis and organization.

Summary

This study analyzed the convergence between the Brazilian Inclusion Law (Law nº 13.146/2015) and the organization of school life within the scope of the educational institutions’ secretariats. The Brazilian legal framework establishes the right to Specialized Educational Support (AEE) in all schools, but its implementation depends on administrative management, where the school secretariat acts as the initial point of contact and registration. The objective was to investigate how the adequate school organization for inclusion students impacts the provision of their pedagogical needs and the guarantee of their fundamental rights. The methodology was based on a single case study and documentary research, which verified the coherence between current administrative practices in schools in the State of São Paulo and the LBI’s requirements. The results demonstrated that the accurate organization of enrollment records, attendance, and the Individualized Education Plan (PEI) by the school secretariat and other documents guarantees the legal validity of specialized support. It was concluded that administrative management acts as the foundation for the implementation of the LBI, with the secretariat being a strategic sector for transforming abstract right into full and documented citizenship.

Keywords: Right to Education; Administrative Management; School Inclusion; Brazilian Law of Inclusion; Academic Administration.

1. Introduction

Inclusive education in Brazil is a central theme in educational policies, based on a set of laws that aim to ensure access and permanence for students with disabilities at all levels of education. The Brazilian Law on Inclusion of Persons with Disabilities (LBI), Law nº 13.146/2015, known as the Statute of Persons with Disabilities, constitutes the most relevant legal framework, guaranteeing the exercise of fundamental rights and freedoms on an equal footing. This legal framework has deep roots in the Federal Constitution of 1988, which, in its article 205, establishes education as a universal right and, in article 208, determines the State’s duty to offer Specialized Educational Assistance (AEE). Initially preferential in the public system, AEE is currently mandatory in private education systems as well.

The consolidation of this right is complemented by the Statute of the Child and Adolescent (ECA), established in 1990, and by the Guidelines of the National Education Council (CNE) for Special Education in Basic Education, from 2001. These legal instruments reinforce the obligation of educational systems to enroll all students and to organize themselves to meet their special educational needs. However, the effectiveness of inclusion transcends the mere physical access to the classroom, demanding technical and administrative compatibility between school organization and legally assured rights, as pointed out by academic literature and regulations such as the SIESP management guide (2024).

School inclusion, therefore, is not restricted to mere physical insertion, but requires a transformation in institutional posture to welcome individual differences (Mantoan, 2003). In this scenario, the school secretariat emerges as a strategic sector. It acts as the initial point of contact for the community and is responsible for the planning, execution, and coordination of administrative actions that sustain school life. School organization, in this sense, must be understood as the set of conditions that enable pedagogical work, with administrative management functioning as essential support for educational goals (Libâneo, 2013).

The effective implementation of inclusion and the full compliance with the LBI are intrinsically linked to the documentary and administrative management of educational institutions. The School Secretariat Manual of the Union of Educational Establishments in the State of São Paulo (SIESP, 2014) highlights that the organization of school life encompasses critical processes such as enrollment, attendance control, evaluation, and issuance of certificates. Ineffectiveness or lack of knowledge of specific legislation by the school secretary can thus create significant bureaucratic barriers, compromising the academic progression and the integral development of students with disabilities.

Given this context, investigating the role of the school secretariat becomes fundamental to ensure that the rights provided for in the legislation are effectively practiced in the daily lives of educational institutions. The research is justified by the need to understand how administrative management can be optimized to guarantee the full and documented citizenship of inclusion students. Thus, the objective of this work is to investigate to what extent the school organization process for inclusion students, when aligned with current laws and the norms of the school secretariat, impacts the understanding of their pedagogical needs and enables qualified assistance to the student, ensuring their fundamental rights to education.

2. Material and Methods

This research was characterized by its qualitative nature, seeking an in-depth understanding of complex social phenomena, meanings, and processes. The study was developed through the methodological approach of a single case study and documentary research, according to the guidelines of Gil (2017), which guide the investigation of specific contexts for the elucidation of contemporary issues.

The qualitative approach adopted focused on the analysis of meanings, motives, and attitudes, without the intention of numerical measurement. This type of research, according to Lüdke and André (2013), is suitable for exploring the universe of human perceptions and interactions, allowing for a rich understanding of phenomena in their natural environment.

The single case study method was employed to investigate a specific unit, which consisted of an educational institution. This methodological choice allowed for the exploration of the “how” and “why” of contemporary phenomena related to school organization, over which the researcher had limited control, following the recommendations of Yin (2015).

Complementarily, documentary research was used, which is based on the analysis of materials that had not yet received prior analytical treatment. Such materials, according to Cellard (2008), served as the primary source of evidence, including laws, Pedagogical Political Projects, meeting minutes, and other official documents.

The study was conducted in a private educational institution, located in the city of São Paulo, in the State of São Paulo. The unit of analysis comprised the administrative and pedagogical environment of this school, focusing on processes related to the inclusion of students with disabilities.

The population of interest for data collection included the institution’s faculty and inclusion students. Specifically, the research considered a total of twenty-seven teachers and eighteen inclusion students, covering the elementary and high school education segments.

Data collection focused on the analysis of internal documents and current regulations, carried out during the research period in the year 2025. The unit’s School Regulations, the Individualized Teaching Plan (PEI), enrollment flows, student records, and the archiving of medical reports were examined.

Additionally, the School Secretariat Manual and the Guide for School Management: Educational Standards were used as technical references. Both documents were published by the Union of Educational Establishments in the State of São Paulo (SIESP), in the 2014 and 2024 editions, respectively.

The use of these documentary sources and technical references allowed for the confrontation of union and pedagogical guidelines with the legal obligations imposed by the Statute of the Person with Disabilities. This approach aimed to verify the conformity between school administrative practices and the guidelines established by the Brazilian Law of Inclusion (Law No. 13.146/2015).

The data analysis technique was conducted in four sequential stages. Firstly, documentary data sources and related legislation were identified. Secondly, hypotheses were formulated about the points of vulnerability in the documentary management of students with disabilities.

In the subsequent phase, the data collected was interpreted, verifying the effectiveness of enrollment records, attendance, and the relationship of mandatory documents by legislation. Finally, conclusions were drawn, correlating the organization of the school secretariat with the guarantee of fundamental rights to inclusive education.

The structuring of the work was therefore based on the analysis of the conformity between the school administrative organization practices and the guidelines established by the Brazilian Inclusion Law. The objective was to investigate how adequate school organization impacts the atendimento to pedagogical needs and the guarantee of students’ rights.

3. Results and Discussion

The analysis of the convergence between the Brazilian Law of Inclusion (LBI) and the organization of school life, focusing on the administration of educational institutions, revealed the critical importance of administrative management for the effective realization of the rights of students with disabilities. The study demonstrated that the faithful organization of enrollment records, attendance, and the Individualized Education Plan (IEP), along with other essential documents, is what confers legal validity to specialized support. This administrative management acts as a fundamental foundation, transforming abstract right into full and documented citizenship, in line with the central objective of this investigation.

The initial findings indicated that the administrative organization of the school secretariat directly reflects the effectiveness of inclusion, as provided for in Law No. 13.146/2015. The documentary research, conducted in a private educational institution in São Paulo, allowed for verification of the coherence between administrative practices and legal requirements, using the School Secretariat Manual and the Guide for School Management: Educational Standards of SIESP (2014, 2024) as technical references. This approach made it possible to confront union and pedagogical guidelines with the obligations imposed by the Statute of Persons with Disabilities.

Documentary Compliance Analysis and Enrollment Processes

The investigation revealed that the centralization of medical reports and the use of anamnesis forms are practices that materialize management’s responsibility in articulating legal determinations with school routine. Tezani (2004) emphasizes that school management is the axis that allows inclusion to materialize in an organized institutional reality. In this context, the “Secretaria” is not limited to archiving documents, but organizes the “entry door” to rights, ensuring that the specificities of each student are registered from the first contact with the institution.

The enrollment procedures adopted by educational institutions, as observed, transcend the collection of conventional data, incorporating the anamnesis form as an initial welcoming instrument. This practice is in line with the guidelines of the School Secretariat Manual (SIESP, 2024), which emphasizes the need to align the pedagogical department with legal requirements from the first contact with the community. School management, therefore, plays a decisive role in building an inclusive school, articulating official documents and real practice (Tezani, 2004).

However, the centralization of medical reports in the Academic Administration, although essential for registration purposes, demands a more dynamic communication flow with the teaching staff. It is crucial that teachers are aware of each student’s specificities for adequate support. When comparing this finding with the National Guidelines for Special Education (MEC, 2001), it is perceived that “school organization” depends on the Academic Administration’s ability to translate bureaucratic requirements into practical support for Specialized Educational Attendance (AEE). The reports, received from families, are filed and sent digitally to the education secretariat, according to the current process.

Management must ensure that the administrative organization does not become an obstacle, but rather a facilitator of the right to education (Tezani, 2009). The perception that an organized Academic Administration significantly reduces the risk of segregation was a positive point identified in the case study. Robust documentation prevents student needs from being ignored or neglected by the system, reinforcing the importance of the Academic Administration as a strategic sector for inclusion.

The Role of PEI in School Records Management

The Individualized Education Plan (IEP) was identified as a pedagogical-administrative document of utmost importance after enrollment, acting as a legal roadmap for the student’s school life. This document is specifically planned for each student with special educational needs, being developed by the lead teacher. It records the diagnosis of current abilities, learning goals, social and autonomy objectives, and the strategies, resources, and adaptations necessary for the student’s development.

The IEP also includes the registration of the student’s profile, detailing their strengths, hyper-focuses, preferences, and triggers, as well as curricular adaptations and differentiated assessment methods and accessibility resources to be used. For the administration, the IEP justifies the application of distinct grades or assessment processes for a student, protecting the school and the student in audits. This strategic function of the school administration is in line with Libâneo’s theory (2013), which defines school organization as the set of conditions that ensure the achievement of educational goals.

According to Libâneo (2013), administrative management should support pedagogical work. Thus, when the secretariat ensures that the PEI and differentiated assessments are duly filed and linked to the student’s record, it guarantees the unity of the educational process. Tezani (2009) adds that the way management deals with official documents reveals the institution’s level of commitment to inclusive education, with reliable and organized records serving as proof of management that protects the student’s journey.

One of the most significant results of the analysis was the identification of the PEI as the document that connects the secretariat to the student’s pedagogical success. It was found that attendance records and differentiated assessment methods only have legal and administrative validity when duly filed and linked to the student’s academic record. The comparative discussion with the Statute of Persons with Disabilities demonstrates that the secretariat acts not only passively, but as a guarantor of rights, requiring continuous training of the school secretary on current legislation due to the complexity of the constant updating of these documents.

Impact of Administrative Organization on Guaranteeing Rights

When interpreting the data in light of the 1988 Federal Constitution (Articles 205 and 208), it was concluded that the “full development of the person” and “qualification for work” directly depend on the integrity of the school record. Documentary research showed that flaws in the issuance of transcripts, individual student records, reports, and declarations that do not consider the peculiarities of the inclusion student can create future barriers to their citizenship, professional insertion, and entry into higher education, compromising their fundamental rights.

The organization of school life, as advocated by the Guide for School Management (SIESP, 2014/2024), proved to be the foundation that allows the right to education to move from the abstract field of law to materialize in the student’s individual journey. Critical analysis reinforced that the school’s Academic Administration is, in fact, the sector that validates social inclusion through legal compliance and the rigorous organization of enrollment, attendance, and evaluation procedures, ensuring that specialized educational support is fully provided.

In the context of document management, the role of the Academic Administration transcends the mere filling of forms, configuring itself as the guardian of the student’s inclusion file. The faithful organization of these records by the administration is what ensures the continuity of the educational process and the legal protection of both the student and the institution. Without a rigorous documentary flow, which includes everything from the initial anamnesis to the progress reports, the application of the Brazilian Inclusion Law becomes vulnerable, as it is the school documentation that materializes the right to personalized education and proves the effectiveness of the accessibility policies adopted by the school.

The documentation of a student with a disability, who is the target audience of Special Education, is what legally guarantees access to pedagogical support and necessary adaptations. In the school’s administrative office, these documents form the student’s school life record, being essential for the guarantee of their rights. Among the main mandatory and essential documents, according to Brazilian legislation and school management practices, are the Medical Report, the Individualized Education Plan (IEP), the Specialized Educational Assistance Plan (AEE Plan), the Progress Reports or Descriptive Opinions, and the Enrollment Form and Anamnesis.

The Medical Report, although Technical Note 04/2014 from MEC states that access to AEE cannot be exclusively conditioned on it, is the document that, in school practice, proves the disability, the global developmental disorder, or high abilities/giftedness. It must contain the International Classification of Diseases (ICD), the description of the disability, and, preferably, the medical recommendations that impact the school routine, serving as informational support for the teacher and shortening the time for pedagogical diagnosis, facilitating the elaboration of effective teaching-learning strategies.

The Individualized Education Plan (IEP) is the most important pedagogical-administrative document after enrollment, serving as a legal roadmap for the student’s school life. It is specifically planned for each student with special educational needs by the lead teacher, recording the diagnosis of current abilities, learning, social, and autonomy goals, and the strategies, resources, and adaptations necessary for the student’s daily progress. The IEP also records the student’s profile, including potentialities, preferences, and triggers, in addition to curricular adaptations and differentiated assessment methods, justifying distinct evaluations and protecting the school in audits.

Unlike the PEI, which is focused on the regular classroom, the Specialized Educational Service Plan (AEE Plan) is developed by the specialist teacher of the Multipurpose Resource Room. This document details the schedule of services during extracurricular hours, the objectives of the service, the accessibility services, materials, and resources, and assistive technologies that the school will offer to eliminate the student’s physical, communication, and learning barriers, such as Libras, Braille, and Alternative Communication. The special education teacher, in this context, works in partnership with the regular classroom teacher, assisting in overcoming learning barriers.

The Progress Reports or Descriptive Opinions replace or complement the traditional numerical grade report, recording the student’s actual progress in relation to themselves, and not just in comparison to the class average. These documents are fundamental for the student’s transfer between schools, ensuring the continuity of their pedagogical development record. They provide a qualitative and detailed view of the educational journey, essential for understanding the student’s needs and advances.

The Enrollment and Anamnesis Form consists of a detailed interview conducted with the family at the time of enrollment. Its objective is to understand the student the school will receive, align family expectations, learn about the health history, external therapies, and developmental milestones. This allows the school to have a preliminary understanding of the degree of support needed and the accommodations to be provided. This document, filed in the school office, is complemented by acknowledgment terms regarding the use of assistive technologies or authorization for outings for therapies, in addition to the contacts of private caregivers and other health professionals who follow the student.

In summary, the organization of school life by the Academic Administration acts as the fundamental foundation for the realization of rights provided for in inclusion legislation. The study concluded that rigorous document management enables the transition from abstract right to daily practice in the school environment, ensuring specialized support for inclusion students. The correct structuring of the student’s file, including the maintenance of reports and pedagogical plans, guarantees the legal protection of the educational journey of students with disabilities. The Academic Administration, therefore, does not perform a merely bureaucratic function, but plays a strategic role in identifying and supporting individual pedagogical needs, being the first act of welcoming and respecting each student’s right to learn.

4. Conclusion

The analysis of the convergence between the Brazilian Inclusion Law and the organization of school life within the scope of the educational institutions’ secretariat revealed the critical importance of administrative management for the effective realization of the rights of students with disabilities. It was found that the reliable organization of enrollment records, attendance, and the Individualized Education Plan (IEP), along with other essential documents, confers legal validity to specialized support. It was identified that the centralization of medical reports and the use of anamnesis forms are practices that materialize management’s responsibility in articulating legal determinations with school routine, ensuring that the specificities of each student are recorded from the first contact. The IEP, in particular, proved to be a fundamental pedagogical-administrative document, justifying differentiated assessments and protecting the school and the student in audits, by connecting the secretariat to the student’s pedagogical success.

The main contribution of this study lies in demonstrating that the school secretariat transcends a merely bureaucratic function, acting as a strategic sector in validating social inclusion through legal compliance and rigorous organization of administrative procedures. The integrity of the school record, which includes the student’s inclusion file with documents such as the Medical Report, the AEE Plan, and the Progress Reports, is essential for the full development of the individual and their qualification for work, ensuring access to pedagogical support and necessary adaptations. However, the complexity of constantly updating these documents represents a limitation, demanding continuous training of the school secretary on current legislation. Thus, rigorous document management enables the transition from abstract right to daily practice in the school environment, ensuring specialized care and legal protection of the educational trajectory of students with disabilities.

Bibliographic References

Cellard,

Gil, Antonio Carlos. Como elaborar projetos de pesquisa. 6. ed. São Paulo: Atlas, 2017.

Libâneo, José Carlos. Organização e gestão da escola: teoria e prática. 6. ed. rev. e ampl. Goiânia: MF Livros, 2013.

Lüdke, Menga; André, Marli E. D. A. Pesquisa em educação: abordagens qualitativas. 2. ed. Rio de Janeiro: E.P.U., 2013.

Mantoan, Maria Teresa Eglér. Inclusão escolar: o que é? por quê? como fazer? São Paulo: Moderna, 2003.

SIESP. Sindicato dos Estabelecimentos de Ensino no Estado de São Paulo. Guia para gestão escolar: normas educacionais 2024. Elaboração: Marlene A. Zanatas Schneider; Justina Naghirniac Galmacci; Márcia Bozza Gomez; Edson Pequeno dos Santos. São Paulo: SIESP, abr. 2014.

SIESP. Sindicato dos Estabelecimentos de Ensino no Estado de São Paulo. Manual da secretaria escolar. Elaboração: Departamento Pedagógico; Edson Pequeno dos Santos. São Paulo: SIESP, 2024.

Yin, Robert K. Estudo de Caso: planejamento e métodos. 5. ed. Porto Alegre: Bookman, 2015.

Article originating from the Course Conclusion Work of the Specialization in School Management of the MBA USP/Esalq

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