Decree No. 116 / 2011 Coll.
Decree amending Decree No. 72 / 2005 Coll., on the provision of advisory services in schools and school counselling establishments
Valid
Effective from 01.09.2011
116
DECLARATION
of 15 April 2011
amending Decree No 72 / 2005 Coll., on the provision of advisory services in schools and school counselling establishments
The Ministry of Education, Youth and Sports provides, pursuant to § 28 (6), § 121 (1) and § 123 (5) of Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended by Act No. 383 / 2005 Coll. and Act No. 49 / 2009 Coll.:
Decree No. 72 / 2005 Coll., on the provision of advisory services in schools and educational institutions, is amended as follows:
1. The opening sentence of the Decree reads as follows: "The Ministry of Education, Youth and Sports provides, pursuant to § 28 (6), § 121 (1) and § 123 (5) of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended by Act No. 383 / 2005 Coll. and Act No. 49 / 2009 Coll.:"
2. In Paragraph 1 (2), the second sentence is replaced by the following: "The condition for the provision of psychological or specially educational advisory services shall be the transmission of the information referred to in paragraph 3 and the written consent of the pupil or his legal representative."
3. Paragraph 1 (3) reads as follows:
"(3) In the case of a student who has a legal representative, also his legal representative, a student must be informed in advance of:
(a) any essential elements of the advisory services provided, in particular the nature, scope, duration, objectives and procedures of the advisory services provided;
(b) the benefits that can be expected and any foreseeable consequences that may result from the provision of the advisory service, as well as the possible consequences, if that service is not provided,
(c) the rights and obligations associated with the provision of advisory services, including the right to request the provision of advisory services at any time. ';
4. In Article 1, paragraphs 4 and 5 are added:
"(4) The advisory service shall be provided without undue delay but no later than three months after the date of receipt of the request. The period referred to in the first sentence may not be invoked by an applicant who does not provide the synergies needed to fulfil the purpose of the advisory service. A crisis advisory intervention providing assistance in emergency situations, in particular life threats and other rights of the applicant, shall be provided immediately upon receipt of the application.
(5) The result of psychological or pedagogical diagnostics is a report from examinations and recommendations containing proposals for adjustments in pupil education. In the case of a student with a legal representative and also his legal representative, the student shall be informed of the content of the recommendation in a manner which is understandable to the widest possible range of persons. The pupil or his legal representative shall certify by his signature that the recommendation has been discussed with him, that he has understood his nature and content and, where appropriate, that he makes reservations about it, together with their clarification. The report and recommendations shall be issued no later than 30 days after the date of completion of the examination. The recommendation shall be valid for a specified period corresponding to its purpose; However, in the case of a recommendation to include a pupil in a school or training programme for pupils with disabilities, for a maximum period of one year. Prior to the expiry of the recommendation of a school counselling establishment, the pupil or his legal representative shall notify the need for a new diagnosis. ';
5.
Purpose of advisory services
The purpose of advisory services is to contribute in particular to:
(a) creating suitable conditions for healthy physical and psychological development of pupils, for their social development, for the development of their personality before and during education;
(b) meeting educational needs and developing skills, skills and interests before and during education;
(c) prevention and management of educational and educational difficulties, manifestations of different forms of risk behaviour, which prevent the emergence of socio-pathological phenomena and other problems related to education and incentives to overcome problems;
(d) the creation of appropriate conditions for the education of pupils with disabilities, health disadvantages and social disadvantages;
(e) the creation of appropriate conditions, forms and methods of work for pupils who are members of other cultures or ethnic groups;
(f) the creation of appropriate conditions, forms and methods of work for pupils who are gifted and extremely gifted;
(g) the appropriate choice of educational means and the subsequent professional application;
h) development of pedagogical and specially educational knowledge and professional skills of teaching staff in schools and schools;
(i) mitigating and preventing the effects of disability, disability and social handicaps. ';
6.
Further documentation
(1) The educational advisory establishment shall keep documentation
(a) requests for advisory services, refusal or interruption of advisory services;
(b) the examination, its results and individual and group care provided;
(c) providing the information referred to in Article 1 (3) and the confirmation referred to in Article 1 (5), fourth sentence,
(d) cooperation with schools and school establishments.
(2) The school shall carry out the documentation referred to in paragraph 1 (a) to (d) and the advisory services provided by the school prevention methodology or the educational consultant in accordance with paragraph 1 (b). ';
7. in Article 5 (3) (a) and (b), including footnote 3:
"(a) establish and report on the teaching and psychological preparedness of pupils for compulsory education; recommends to legal representatives and school directors proposals for support or compensatory measures, inclusion in an education programme adapted to the educational needs of the pupil, possibly inclusion in the school and classes corresponding to the educational needs of the pupil; cooperate in the admission of pupils to schools; carry out psychological and specially educational examinations for pupils with special educational needs,
(b) identify the special educational needs of school pupils and, on the basis of the results of psychological and specific pedagogical diagnostics, draw up expert opinions and proposals for support or compensatory measures for schools and educational establishments, including assessments for the purpose of adapting the conditions for the performance of the graduation examination and individual examinations, which correspond to the content and form of the graduation examination (3);
3) Decree No. 177 / 2009 Coll., on the Closer Conditions for Termination of Education in Secondary Schools by Graduate Examination. '.
8. Paragraph 6 (1) reads as follows:
"(1) The Centre provides advisory services for the education and training of pupils with disabilities as well as for children with deep mental disabilities, in justified cases, in particular in doubts as to whether they are disabled or disadvantaged, as well as for the education and education of pupils with a disability. One centre shall provide advisory services according to the first sentence to the extent corresponding to one or more types of disability referred to in points (1) to (8) of Part II of Annex 2 to this Regulation. ';
9. In Paragraph 6 (4), the words "prepare opinions for the purpose of adjusting the graduation examination and individual examinations which correspond to the final examination in the case of pupils and applicants with a disability 3 'shall be added at the end of the text in point (a).
10. in Article 6 (4), the words "and, where appropriate, with a medical disadvantage" shall be added at the end of the text of point (d).
11. in Article 7 (2) (f):
"(f) continuous and long-term care of pupils with educational or educational difficulties and the creation of assumptions for their reduction;"
12. In Annex 1 under the heading "Information and methodological activity. Preparation of documentation for educational measures, documentation, etc.: 'point 3 reads as follows:
"3) In preparing the reports, where the pupil is in the care of a specialist doctor or clinical psychologist, the educational institution shall be based on the clinical diagnosis and treatment measures of the specialist doctor or clinical psychologist who provides such care to the pupil, provided that such evidence is transmitted by the legal representative or the pupil to the educational institution. ';
Efficacy
This Decree shall take effect on 1 September 2011.
Minister:
Mgr.
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Regulation Information
| Citation | Decree No. 116 / 2011 Coll., amending Decree No. 72 / 2005 Coll., on the provision of advisory services in schools and educational advisory establishments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.05.2011 |
|---|---|
| Effective from | 01.09.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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