Decree No. 108 / 2005 Coll.
Decree on school education, accommodation and school purpose facilities
Valid
Order
Effective from 08.03.2005
108
DECLARATION
of 22 February 2005
on school education, accommodation and special purpose establishments
The Ministry of Education, Youth and Sports provides, pursuant to § 31 (1), § 121 (1) and § 123 (5) of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act):
SCHOOL EDUCATION AND APPARATUS
Types of educational and accommodation facilities
The types of educational and accommodation facilities are:
(a) youth home (hereinafter referred to as home),
(b) boarding school;
(c) school in nature.
Home
Purpose of home
(1) Home provides students of secondary schools and students of higher vocational schools with accommodation, educational activity linked to the educational activities of secondary schools and higher vocational schools and provides these pupils and students with school meals. In case of special consideration, a second-degree pupil may also be placed in his home.
(2) Home leads pupils and students to full use of leisure time in the form of interest activities.
Organisation of home
(1) The primary unit of educational activity in the home is the education group (hereinafter referred to as the group). Each group is run by one tutor. The lowest number of pupils and students in the group is 20 and the highest number of pupils and students in the group is 30. In justified cases, the head of the home may increase the maximum number of pupils and students in the group by up to 3.
(2) In a group composed of only students, the lowest number of students is 40 and the highest number is 50.
(3) If the group consists only of pupils and students referred to in § 16 (9) of the Education Act, the number of pupils and students in the group is the same as the number of pupils in the school class separately established for pupils referred to in § 16 (9) of the Education Act under another legislation1).
(4) Teachers are accommodated in rooms separately by gender and age, as appropriate.
Placing pupils and students in a home
(1) When placing a pupil or student in a home, the home director shall take account of the distance between their place of residence, the transport services from their place of residence, their social circumstances and their health status.
(2) The head of the home shall decide on the placement of the pupil or student on the basis of an application submitted by the legal representative of a minor, an adult or a student. A legal representative of a minor student, an adult student or student shall apply for each school year.
(3) The term for applying for a home shall be determined by the Director of the Home and shall inform the student, an adult student or a legal representative of a minor; the term shall also be published in a way that allows remote access.
(4) The head of the home shall inform in writing a student, an adult student or a legal representative of a minor pupil of the placement or non-placement of the child.
(5) A student or student is terminated during the school year at home if:
(a) a written request is made by a legal representative of a minor student, an adult student or a student;
(b) the legal representative of a minor student, an adult student or a student has repeatedly failed to pay for accommodation or payment for school meals within the prescribed time limit and has not agreed with the home manager another payment date;
(c) a student or a student has ceased to be a secondary school student or a university student;
(d) the pupil or student has been allowed to discontinue the training;
(e) the pupil or student has been excluded from homeschool (2); or
(f) a student or a student has moved to a place where a legal person carries out the activities of a school which provides education to a student or a student.
Payment for accommodation in a home established by the state, region, municipality or association of municipalities
(1) Home is for determining the amount of bribes subdivided into rooms.
(2) Rooms are classified in categories I and II. Rooms with a maximum of 3 beds are classified in Category I. Rooms with 4 to 6 beds are classified in Category II. The payment for accommodation shall be:
(a) in room I of category 1, for one calendar month per bed, not more than 12,5% of the monthly minimum wage declared for the period for which payment is fixed;
(b) in room II of category 1 calendar month for 1 bed, no more than 9,5% of the monthly minimum wage declared for the period for which payment is fixed.
(3) The remuneration for accommodation in a home is set by the home manager, taking into account home equipment and the level of service provided.
(4) The amount of payment for accommodation in the home does not change, even if the student or student is not staying for all days in the calendar month. However, if, during the school year, a student or a student, for reasons of organisation of teaching at a school where he is a student or a student, is repeatedly not accommodated, the remuneration shall be reduced accordingly.
Intern
Purpose of boarding school
The boarding school provides the children and pupils of the schools set up separately for children and pupils referred to in Section 16 (9) of the Education Act and the children of the preparatory stage of the primary school with special accommodation and educational activities linked to the educational activities of these schools and schools and provides them with school meals.
Organisation of boarding schools
(1) The boarding school is divided into groups. Each group is run by one tutor. The number of children and pupils referred to in Section 16 (9) of the Education Act in the group is the same as the number of children and pupils in the school class separately established for these children and pupils under the special legislation1).
(2) Children and pupils referred to in Article 16 (9) of the Education Act are accommodated in rooms separately by sex and are classified in groups as far as possible separately by class.
(3) To the children and pupils referred to in § 16 (9) of the Education Act, the boarding school provides the necessary special pedagogical support. The boarding school may provide the children and pupils referred to in Section 16 (9) of the Education Act with preventive and rehabilitation care.
(4) In the event of a restriction or interruption of the operation of a boarding school as a result of an unforeseen event, the Director of the boarding school shall provide the children and pupils referred to in Section 16 (9) of the Education Act with adequate replacement accommodation and inform their legal representatives accordingly. If it is not possible to provide the child or pupil referred to in Article 16 (9) of the Education Act with alternative accommodation or if the legal representative does not agree with the replacement accommodation, the Director shall invite the legal representative to take over the child or minor pupil into home care.
Placing of children and pupils referred to in § 16 (9) of the Education Act in boarding school
(1) When placing a child or a pupil referred to in § 16 (9) of the Education Act in boarding school, the Director of a boarding school shall take account of the distance between their place of residence, transport services from their place of residence, social conditions and health.
(2) The placement of a child or a pupil in a boarding school shall be decided by the Director of the boarding school on the basis of an application submitted by an elderly pupil or by the legal representative of a child or minor pupil. An adult student or legal representative of a child or minor shall submit an application for each school year.
(3) The head of the boarding school shall inform in writing the legal representative of the child or of a minor pupil or of an adult pupil of the placement or non-placement in the boarding school.
Payment for accommodation in boarding school established by the State, Region, Municipality or Municipality
(1) For the purpose of determining the remuneration of secondary school pupils who do not attend school, the boarding school is divided into rooms. Rooms with a maximum of 3 beds are classified in Category I. Rooms with 4 to 6 beds are classified in Category II.
(2) The remuneration for the accommodation of a student of a secondary school who does not attend compulsory education for 1 calendar month per single bed is:
(a) in category I, not more than 15% of the monthly minimum wage declared for the period for which the payment is fixed;
(b) in category II room no more than 9,5% of the monthly minimum wage declared for the period for which the remuneration is fixed.
(3) The remuneration for the accommodation of the child of the parent school, the preparatory stage of the special school and the pupil carrying out compulsory schooling for one calendar month per bed shall be no more than 5% of the monthly minimum wage declared for the period for which the payment is fixed.
(4) The level of remuneration for boarding school accommodation shall be determined by the Director of the boarding school, taking into account the equipment of the boarding school and the level of service provided.
(5) The amount of remuneration shall be determined in proportion to the number of days in the calendar month during which the child or pupil is staying. The accounts shall be settled by the Director of the boarding school by the end of each semester at the latest.
(6) A child or a pupil shall be exempt from payment if he / she is entitled to a child's foster care allowance under special legislation (4), provided that that allowance or part of it is paid and proof of payment of that allowance is provided to the Director of the boarding school.
Education measures
(1) The head of a home or boarding school may give the student or student commendations or other awards for exceptional civil, study or extracurricular activities, or for significant public service activities.
(2) A pedagogical staff authorised by the head of a home or boarding school may give a pupil or student commendation or other award for a significant manifestation of activity, initiative or long-term beneficial activity in the course of life in a school establishment or in its representation.
(3) In the event of a breach of the obligations laid down in the internal rules, a disciplinary measure may be imposed on the pupil or student, depending on the seriousness of the breach, which has no legal consequences for the pupil or student (hereinafter referred to as the "disciplinary measure '). The disciplinary measure is:
(a) a warning imposed by the head of home or boarding school by an authorised pedagogical worker;
(b) the reprimand imposed by the head of the home or boarding school by an authorised teaching staff member;
(c) a reprimand by the Director of Home or boarding school.
(4) The rules for the award of praise and other awards and the imposition of disciplinary measures are laid down in the internal rules of home or boarding school.
(5) The head of the home or boarding school or his authorised pedagogical staff shall immediately notify the award of praise and other evaluation or imposition of disciplinary measures and his reasons to the student or pupil and to the legal representative of the minor pupil.
(6) The award of praise, other evaluation or the imposition of disciplinary measures shall be recorded in the documentation of home or boarding school.
School in nature
Purpose of school in nature
The school in nature provides for a healthy stay in a healthy environment for children of nursery schools and pupils carrying out compulsory schooling or, where appropriate, for selected groups of kindergarten children and pupils carrying out compulsory schooling without interruption of education.
SCHOOL ACCOUNTING EQUIPMENT
Types of school special-purpose equipment
The types of school special-purpose equipment are:
(a) the school service centre;
(b) school holdings;
(c) a centre of practical instruction;
(d) school library,
(e) swimming school.
School Services Centre
The Centre for School Services shall provide schools and school establishments in particular with:
(a) the supply of textbooks, textbooks, teaching aids and school supplies;
(b) the production and maintenance of textbooks, teaching texts, teaching aids and school supplies;
(c) service of didactic techniques;
(d) editing, printing and copying of teaching texts;
(e) the creation and operation of video tubes, film sets, sample libraries of textbooks and teaching texts;
(f) computer and audiovisual training programmes and other information technology teaching tools, IT supplies and services,
(g) the implementation of information systems and networks;
(h) consultancy and exhibition of textbooks and teaching aids, audiovisual, computing and didactic techniques;
(i) technical and organisational methodological assistance.
School economy
The school economy provides practical teaching of secondary school pupils in the fields of agriculture, horticulture, forestry and fisheries according to the school curriculum of the schools concerned. The school farm is a school farm, a school horticulture, a school grooming or a school fishing.
Training centre
The Centre for Practical Teaching provides practical teaching of secondary school pupils according to the school curriculum of the schools concerned.
School library
The school library provides professional, professional, librarian and information services for children, pupils, students, or educational staff of schools and schools.
Swimming school
The swimming school provides swimming lessons for primary school pupils in compulsory physical education.
COMMON, TRANSITIONAL AND FINAL PROVISIONS
Common provisions
(1) The organisation and extent of school meals for pupils and students at home and the reimbursement of school meals are governed by special legislation5).
(2) The organisation and scope of school meals for children and pupils referred to in Article 16 (9) of the Education Act at the time of their stay in boarding school and the reimbursement of school meals are governed by special legislation5).
Transitional provision
Paragraph 3, 5 and 9 shall apply from 1 September 2005. Until then, it shall be carried out in accordance with the existing rules.
Repeal
The following shall be deleted:
1. Decree of the Ministry of Education, Youth and Sports of the Czech Republic No. 64 / 1992 Coll., on youth homes.
2. Decree of the Ministry of Education, Youth and Sports No. 315 / 1997 Coll., amending Decree of the Ministry of Education, Youth and Sports of the Czech Republic No. 64 / 1992 Coll., on youth homes.
3. Decree of the Ministry of Education, Youth and Sports No. 326 / 1998 Coll., amending Decree of the Ministry of Education, Youth and Sports of the Czech Republic No. 64 / 1992 Coll., on youth homes, as amended by Decree No. 315 / 1997 Coll.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
JUDr. Buzková v. r.
1) Decree No. 27 / 2016 Coll., on the education of pupils with special educational needs and teachers.
2) Article 31 of the Education Act.
3) Paragraph 20 (1) of Act No. 117 / 1995 Coll., on State Social Aid, as amended.
4) § 47f of Act No. 359 / 1999 Coll., on Social Protection of Children, as amended.
5) Decree No. 107 / 2005 Coll., on school meals.
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Regulation Information
| Citation | Decree No. 108 / 2005 Coll., on school education, accommodation and school purpose facilities |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.03.2005 |
|---|---|
| Effective from | 08.03.2005 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Education, Education, Education
Administrative law
The regulation text is for informational purposes only.
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