Act No. 138 / 1995 Coll.
Act amending and supplementing Act No. 29 / 1984 Coll., on the System of Primary and Secondary Schools (School Act), as amended by Act No. 188 / 1988 Coll., Act No. 171 / 1990 Coll., Act No. 522 / 1990 Coll., Act No. 134 / 1993 Coll., Act No. 190 / 1993 Coll., Act No. 331 / 1993 Coll., Act No. 49 / 1994 Coll., Act No. 256 / 1994 Coll., and Act No. 190 / 1993 Coll.
Valid
Law
Effective from 27.07.1995
Text versions:
01.09.1996
27.07.1995
Zobrazeno prvních 200 z celkem 281 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
138
THE LAW
of 22 June 1995
amending and supplementing Act No. 29 / 1984 Coll., on the System of Primary and Secondary Schools (School Act), as amended by Act No. 188 / 1988 Coll., Act No. 171 / 1990 Coll., Act No. 522 / 1990 Coll., Act No. 134 / 1993 Coll., Act No. 190 / 1993 Coll., Act No. 331 / 1993 Coll., the Constitutional Court Act No. 49 / 1994 Coll., and Act No. 256 / 1994 Coll., and Act No. 76 / 1978 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 29 / 1984 Coll., on the System of Primary and Secondary Schools (School Act), as amended by Act No. 188 / 1988 Coll., Act No. 171 / 1990 Coll., Act No. 522 / 1990 Coll., Act No. 134 / 1993 Coll., Act No. 190 / 1993 Coll., Act No. 331 / 1993 Coll., Found by the Constitutional Court of the Czech Republic No. 49 / 1994 Coll. and Act No. 256 / 1994 Coll., is amended as follows:
1. The title of the law is: "The Act on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act) '.
2. In § 1 (1) part of the sentence before the semicolon reads: "Elementary schools, primary art schools, schools, secondary schools, special schools and higher vocational schools are part of the education system if they are included in the school network, preschool institutions and school establishments'.
The following sentence shall be added at the end of paragraph 1, including footnote 1: "The method of inclusion in the school network, preschool establishments and educational establishments shall be laid down in a special law 1)
1) Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended by Act No. 190 / 1993 Coll., Act No. 256 / 1994 Coll. and Act No. 139 / 1995 Coll. '.
Note 1) shall be renumbered note 1a).
3.
"(2) The Ministry of Education, Youth and Sports (hereinafter referred to as" the Ministry ") is responsible for the design, state and development of the educational system."
4. In other provisions of the Act, the words "Ministry of Education 'are replaced by the words" Ministry'.
5. In Paragraph 2 (1), the words "Basic Art School 'are deleted.
6. In Article 2, the following paragraph 2 is inserted after paragraph 1:
"(2) Schools referred to in § 1 may be combined or set up as one legal person. Where the body is a municipality, schools may merge with the agreement of the competent school authority. ';
Paragraph 2 shall become paragraph 3.
7.
(1) Education and training are carried out in the Czech language. Exemptions in cases of special consideration in the absence of compulsory education are permitted by the Ministry.
(2) To the extent appropriate to the interests of their national development, pupils belonging to national minorities are guaranteed the right to education in their mother tongue.
(3) The deaf and blind are entitled to education in their language using sign language or Braille. "
8. In Paragraph 4, the following paragraph 2 is inserted after paragraph 1:
"(2) Education in higher vocational schools set up by the State may be provided for remuneration from the time when the government determines its size and method of payment by regulation; in those schools established by the municipalities, since the amount and method of reimbursement are laid down by a generally binding decree. The remuneration may not exceed half of the calculated cost per pupil of the school. '
Paragraph 2 shall become paragraph 3.
9.
(1) The primary school has nine years and is divided into first and second stages. The first stage consists of the first to fifth years and the second stage is the sixth to ninth years.
(2) A primary school may be set up where there are no conditions for the establishment of all nine years of primary school, which does not have all years. Pupils who have completed their senior year of such a school continue to perform compulsory schooling in primary school with all grades.
(3) A primary school comprising one or two classes of first degree has an average of at least 13 pupils in the class. A primary school comprising separate classes of all first-degree years has an average of at least 15 pupils per class. These primary schools may be set up if they are the only primary school in the municipality. Exemptions of special consideration are decided by the Ministry, after a statement from the School Office.
(4) Pupils who complete the final grade of primary school referred to in paragraph 2 continue to complete compulsory education in primary school with separate classes for each year.
(5) Primary schools, with the exception of those referred to in paragraph 3, have an average of at least 17 pupils per class. Exemptions of special consideration shall be decided by the Ministry, after the School Office has expressed its views. '
10. in Article 8 (2), the following shall be inserted after the words "in secondary vocational school": "or conservators."
11. Article 8 (3) reads as follows:
"(3) Higher vocational training provided in conservatories shall include general education, artistic or artistic training and shall be terminated by discharge. ';
12. in Article 9 (4) and in other provisions of the Act, the words "Ministry of Health and Social Affairs" shall be replaced by the words "Ministry of Health."
13. In the first sentence of Paragraph 10 (6), the words "or their successors' and" or their successors' are deleted.
14. in Article 11a (5) and in other provisions of the law, the words "Government of the Republics" shall be replaced by the words "Government"; in paragraph 6, the words "economic arbitrage authorities' shall be replaced by the words" courts';
15. Paragraph 14, including the title, shall be deleted.
16. The last sentence of Paragraph 15 (1) reads: "The Gymnasium has four or six or eight years."
17. Paragraph 15 repeals paragraph 2.
The existing designation of paragraph 1 shall be deleted.
18. In § 16, the last sentence is: "Daily study lasts a maximum of four years."
19. In Paragraph 17 (1), the following sentence is added at the end: "The Conservatory has six years, in the field of dance eight years."
20. Paragraph 17 (2) reads as follows:
"(2) Study at the Conservatory is usually terminated by discharge (§ 27b). The pupils may also complete their studies by graduating, but first after the fourth year, in the field of dance after the eighth year (§ 8 (2))."
21. In Paragraph 19 (1), the following shall be inserted after the words "secondary schools": "except for the schools referred to in paragraph 2."
22. Paragraph 19 (2) reads as follows:
"(2) In the first year of the eight-year high school and the eight-year conservatory in the field of dance, pupils who successfully completed the fifth year of primary school are admitted. Pupils who have successfully completed the seventh grade of primary school are admitted to the first year of the six-year high school. '
23. In Article 19, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) Exemptions from the provisions of paragraph 2 and on admission to a higher year than the first shall, in individual cases, be permitted by the school office in whose territorial competence the school where the pupil applies for admission.
(4) In the first year of secondary school, the school director may provide that pupils or candidates are recruited on the basis of an examination. Admission examinations for the following school year shall take place not earlier than the last full calendar week of April. The decision to accept or not accept a pupil or a candidate for study shall be sent in writing to the student or tenderer or to his legal representative within seven days of the date of the examination. In the event that the entrance examinations are not carried out, the school director shall send a decision to accept or refuse to accept a pupil or candidate for study within seven days of the decision, but first in the last full calendar week of April. ';
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
24. Paragraph 22 (3) reads as follows:
"(3) Practical teaching shall take place in schools and educational establishments, where appropriate in the institutions and organisations in the field of central authorities or in other legal persons or in natural persons authorised to operate in the field. '
Article 25 (1) to (3) reads as follows:
"(1) In the eight-year, six-year and four-year high school studies, and in the study at work, the course ends with the graduation exam. A four-year high school course may be divided into five years for the purposes of study at work. In the four-year study courses of the day study and the five-year course of study at the secondary vocational school and secondary vocational school, the course is completed by a graduate examination. In a two-year day study and three-year study at work, the extension studies are completed by a graduate examination.
(2) In the fields of secondary vocational education, the duration of which is less than four years, and in the fields of secondary vocational education, the final examination is completed.
(3) On the day following the day on which the pupil passed the final examination or the final examination, he shall cease to be a student of the school. '
Paragraphs 2 to 7 shall be renumbered paragraphs 4 to 9.
26. The heading of Section 26 reads: "Construction studies."
27. Paragraph 26 (4) becomes paragraph 2 and reads:
"(2) In agreement with the Ministry of Health, the Ministry and, as regards health, in the agreement with the Ministry of Health, the Ministry shall, after consultation with the central authorities involved, lay down the conditions, content, organisation, form, length and disciplines of the superstructure study and the manner in which it is to be terminated."
Paragraphs 2 and 3 shall be deleted.
28. the following Part Three A is inserted after Part Three:
HIGH TRAINING SCHOOL
(1) The higher vocational school prepares for the qualified exercise of demanding professional activities or deepens the educational attainment for the performance of specific demanding activities.
(2) A higher vocational school provides higher vocational education in the various fields of study, which includes general, specific vocational training, demanding practical training and ending with discharge; day study lasts at least two years and at most three years, long-term study lasts at least three years and at most four years. If practical training takes the form of professional experience of more than three months is part of the daily study, daily study may take a maximum of three and a half years. A pupil who has successfully performed discharge has the right to use the title of a graduate of a higher education school in his name. The designation of graduates of a higher vocational school responsible for each field of study and their abbreviated form shall be approved by the Minister.
(3) Pupils and other candidates who have obtained full secondary education or full secondary vocational education shall be recruited to study in higher vocational schools. In the course of the recruitment procedure, the school director may provide that pupils or tenderers are to be recruited on the basis of an examination. The decision to accept or not accept a pupil or a candidate for study shall be sent in writing to the student or tenderer or to his legal representative within seven days of the date of the examination. In the absence of an examination, the school director shall send the student or tenderer or his legal representative a decision to accept or not to accept the pupil or tenderer no later than seven days after the decision.
(4) The method of evaluation and classification shall be adapted by the School by the classification rules approved by the Ministry.
(5) A condition for discharge shall be the successful completion of the final year of study of the relevant higher education field, unless otherwise provided for in this Act.
(1) Discharge is a vocational examination consisting of a theoretical examination of professional subjects, examination of a foreign language, graduate work and its defence; in the Conservatory, further from the graduate performance or, where appropriate, from the examination of artistic education. Their content and dates shall be determined by the School Director.
(2) Discharge shall take place before a examination committee appointed by the Ministry, the head of which shall be a teaching staff from another higher vocational school or university having appropriate professional and educational competence. The examination committee shall have permanent members and other members. The permanent members are the President, Vice-President and Class Teacher. Other members who are appointed on the basis of a proposal from the school director are the teacher of the relevant subject, the head of graduate work or the head of graduate performance, the opponent and the associate. In the case of higher education institutions, the Examination Board shall be appointed by the Ministry of Health. The test results shall be decided by voting. In the event of a tie, the President's vote shall be decisive. If the pupil does not benefit from discharge, the examination committee shall determine the date for the pupil to repeat it. A student can only repeat discharge once. For pupils who have successfully completed discharge, the school shall issue a certificate of discharge no later than seven days after its completion and no later than 30 days after its completion, the diploma of a university graduate with the appropriate title of a higher vocational school graduate. If the pupil has failed to discharge within the specified time limit and has been authorised to repeat or postpone the test, he shall retain the rights and obligations of the pupil until the end of the second calendar month following the day on which he was due to perform the discharge.
The Ministry shall determine the details of the organisation of the study and its termination in higher vocational schools in agreement with the Ministry of Health. '
29. In Paragraph 28 (4), the words "practical schools' shall be added after the words" teaching centres'.
30. Paragraph 28 (5) reads:
"(5) By decree, the Ministry sets out the arrangements for the inclusion of pupils in special primary schools, special schools, support schools and the conditions for admission of pupils to vocational schools and practical schools."
31. in Paragraph 30, paragraph 3 is deleted.
Paragraph 4 shall become paragraph 3.
32. in Paragraph 31 (1), the words "in a primary school for youth requiring special care" shall be replaced by "in a special primary school."
33. In Paragraph 32 (5), the following shall be inserted after "§ 9 (3) and (4)," and the words "§ 10a" shall be deleted; the words "§ 25 (1), (2), (4), (5) and (6)" shall be replaced by the words "§ 25 (1) to (4) and (6) to (8)."
34. The following Section 32a is inserted after Section 32:
Practical school
(1) A practical school prepares pupils for simple activities. The preparation takes one to three years.
(2) Preferably pupils who have successfully completed a special school and also pupils who have completed compulsory education in the lower than ninth year of the special school or primary school shall be admitted to a practical school with three years of preparation. In justified cases, pupils who have completed the ninth grade of primary school without success may also be accepted. Pupils who have completed compulsory schooling in a special school (§ 31) or in an auxiliary school (§ 33) are admitted to a practical school with one and two years of training.
(3) The three-year training at the practical school shall be completed by successful completion of the final examination, in one and two years' preparation by issuing the final certificate. '
35. In Paragraph 33, the following paragraph 3 is added:
"(3) Before entering an auxiliary school and prior to exemption from compulsory education pursuant to Paragraph 37 (2), children with severe mental disabilities shall be allowed to prepare for education for a period of one to three years. '
Paragraph 36 (34) (1) reads as follows:
"(1) Compulsory schooling begins at the beginning of the school year following the day on which the child reaches the sixth year of age. A child who completes the sixth year of age between the beginning of the school year and the end of the calendar year may be admitted to school if he is physically and mentally mature and if his legal representative, a foster parent or a citizen, or an institution to which the child has been assigned to education by decision (hereinafter referred to as" legal representative ') so requests.'
37. In Paragraph 34, the following paragraph 2 is inserted after paragraph 1:
"(2) If, after the sixth year of age, the child is not physically or mentally adequately mature and his legal representative so requests, the school director shall postpone the start of compulsory education by one year. The Director shall take a decision on the basis of an expert assessment by a doctor, a pedagogical-psychological advisory or a specifically educational centre (hereinafter referred to as" professional assessment ').'.
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
38. In Paragraph 34 of the new paragraph 3, the words "the National Committee, on the basis of a proposal from the School Director after consulting legal representatives' are replaced by the words" the School Director after consulting legal representatives'.
39. in Paragraph 37 (1), the words "National Committee" shall be replaced by the words "School Office."
40.
"(2) A severely disabled child may be exempt from compulsory education by the Director of the School Office on the basis of professional assessment and approval of legal representatives, for a fixed period. It also sets out the form of education which corresponds to its mental and physical possibilities. '
41. The following Paragraph 38a is inserted after Paragraph 38, which includes the title and note No 2a:
Compulsory school documentation
(1) Schools are required to keep the following documentation:
(a) the decision to include the school in the school network, preschool and school facilities, including all documents and supporting documents;
(b) class books, class reports and, where appropriate, catalogue sheets;
(c) a register of pupils of the school, which includes, in particular, the personal data of the pupil, the details of his admission to the school, the study or teaching profession, the course and termination of the school,
(d) school schedule, clock schedule,
(e) records of educational or artistic councils;
(f) admission procedures, statements and end-of-study reports, test reports provided for in the legislation;
(g) the personal documentation of pupils with disabilities referred to in Article 28 (1), while maintaining the obligation of confidentiality of such data;
(h) a book of accidents;
(i) economic documentation and accounting records, property records, 2a)
(j) personnel documentation, if not kept by the founder or employer;
(k) protocols and records of checks carried out;
(l) other documentation provided for in the legislation.
(2) The Ministry shall issue a list and establish the form of the forms on which the documentation provided for in paragraph 1 is kept. The Ministry issues an overview of valid forms of the certificate.
(3) Schools are required to transmit to the Ministry the data referred to in point (c) of paragraph 1 and the data from the documentation and records maintained in accordance with points (i), (j) and (l) in the form, dates and on the prescribed data medium as determined by the Ministry.
2a) Articles 29 (4) and 30 of Act No. 563 / 1991 Coll., on Accounting. '.
Article 42 (39) reads:
Scheduling and curriculum
(1) Schools shall be taught according to their curriculum and curriculum and, where appropriate, other approved teaching documents, covering at least the most important educational objectives, the overall structure of the teaching, the enumeration and a brief description of the individual subjects or other structural units approved by the Ministry (hereinafter referred to as the "teaching documents').
(2) The Ministry, in agreement with the Ministry of Health, shall issue teaching documents for the other secondary schools, after consulting the central authorities concerned. '
43. In Article 44 (1), the words "schools for youth requiring special care 'are replaced by the words" special schools' and in paragraph 2, the words "schools for youth requiring special care 'are replaced by the words" special schools'.
Article 44 (45) (1) reads as follows:
"(1) The school may include preschool facilities, a school satellite, a school club, a library, a boarding school, a youth home, a school cafeteria, a school economy, or other parts approved by the Mininisterstvo and the Ministry of Health at secondary and higher health schools. '
45. in Paragraph 46, the following shall be added after the word "schools," the following words shall be added: "pre-school establishments and" and the words "bodies and facilities of national committees" shall be deleted.
46. In the second sentence of Paragraph 49 (3), the words "national committees' are deleted and replaced by" municipalities'.
47. In Paragraph 49 (4), the words "and with the Slovak Labour Safety Authority" are deleted.
48. In Paragraph 50 (1), the following shall be inserted after the words "primary schools," and after the words "special schools," the following words shall be inserted: "specifically educational centres and pedagogical psychological councils,"
49. In Paragraph 50 (2), the words "schools for youth requiring special care 'are replaced by the words" special schools'.
50. Paragraph 53, including footnote 9, reads as follows:
(1) Military schools are military secondary vocational schools and military higher vocational schools. The provisions of this Law apply to them with the exception of Articles 5 to 6a, 9 to 12, 17 and 19 (2), 24, 28 to 33, 34 (1) to (3) and (5), 37, 42 (1), 46, 54 to 57c, 58 (b), 60; 38 (a) applies mutatis mutandis.
(2) Military schools are established, repealed and managed by the Ministry of Defence. In general pedagogical matters, he proceeds in agreement with the Ministry.
(3) The scope of the Ministry or other specialised bodies in respect of secondary and higher vocational schools is exercised by the Ministry of Defence or the Minister of Defence in respect of military schools.
(4) The professional situation of pupils and teachers of military schools who are soldiers in active service is governed by specific regulations. 9)
9) For example, Law No. 92 / 1949 Coll., as amended, Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended. '
51. Paragraph 54, including footnote 10, reads as follows:
(1) Secondary police schools and higher police schools are the primary schools; the provisions of this Act apply to them, with the exception of Sections 5 to 6a, Sections 9 to 15, Sections 17 and 17a, Sections 19 (2), 24 (1), 28 to 33, Sections 34 (1) to (3) and (5), Sections 36 and 37, Sections 41, 42 (1), 44 (2), 45 (2), 46 and 47, Sections 53, 55 to 57c, § 58 (b), § 60; § 19 (4) and (5), § 25, § 27a (2), part of the sentence for the median, Sections 38 and 38a, § 45 (1) and § 51 apply to them mutatis mutandis.
(2) Police schools are set up, repealed and managed by the Ministry of the Interior. In general pedagogical matters, the Ministry of the Interior proceeds to manage police schools in agreement with the Ministry.
(3) The scope which the Ministry or other state bodies have under this law is exercised by the Ministry of the Interior or, where appropriate, the Minister of the Interior in police schools.
(4) In order to carry out the duties of police schools, the Minister of the Interior may invite members of the Police of the Czech Republic whose service is governed by special regulations. 10)
10) Act No. 186 / 1992 Coll., on the service relationship of members of the Police of the Czech Republic, as amended. '
52. § 55 reads:
(1) Fire protection schools are secondary schools or higher professional schools under this Act; its provisions apply to them with the exception of Sections 5 to 6a, Sections 10 and 11, Sections 12 (2) to (5), Sections 15, 17 and 17a, Sections 19 (2), 24 (1), 25 (4), 28 to 37, Sections 38 (1), 42 (1), 45 (2), 46, 53 and 54, Sections 56 to 57c, § 58 (b), § 60; Paragraphs 19 (4) and (5), § 38a, § 51 apply to them mutatis mutandis.
(2) Fire protection secondary schools and fire protection higher schools establish, abolish and manage the Ministry of Interior. In general pedagogical matters, the Ministry of the Interior proceeds in the management of fire protection schools in agreement with the Ministry.
(3) The scope of this Act is exercised by the Ministry or by other state bodies in respect of fire protection schools by the Ministry of the Interior or, where appropriate, by the Minister of the Interior. "
53. § 57a (1) reads as follows:
"(1) Private schools are private primary schools, private primary art schools, private secondary schools, private centres of practical teaching, private schools, private higher vocational schools and private special schools. Private schools are schools under this Act, its provisions apply to them with the exception of Sections 6 (5), 10 and 10a, 11 (a), 18, 19 (6), 22 (3), 29 (2), 30 (3), 43, 53 to 57, 58 (b) and 63 (6) and 7. '
54. Paragraph 57a (3) is deleted.
Paragraph 4 shall become paragraph 3.
55. Paragraph 57b (1) shall be replaced by the following: "§ 6 (5), § 10 and 10a, § 11a, § 18, § 19 (6), § 22 (3), § 29 (2), § 30 (3), § 43, § 53 to 57, § 58 (b) and § 63 (6) and (7)."
56. in Article 58 (a), the following shall be inserted after the words "secondary schools": the words "special care schools' shall be replaced by the words" special schools';
57. in § 58 (b), the words "National Committee" shall be replaced by the words "School Offices 13);"
58. Note 13:
"13) § 82 of the Labour Code."
59. The following Section 61a is inserted after Section 61:
(1) Students who complete the eighth grade of primary school in the school year 1995 / 1996 continue to attend compulsory school in the ninth grade of primary school.
(2) In the 1996 / 1997 school year, secondary schools, with the exception of multi-annual gymnastics and dance conservatories, will open the first year if the class has at least 15 pupils on the basis of the results of the admission procedure. The minimum number of pupils does not apply to private and church secondary schools.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 138 / 1995 Coll., amending and supplementing Act No. 29 / 1984 Coll., on the System of Primary and Secondary Schools (School Act), as amended by Act No. 188 / 1988 Coll., Act No. 171 / 1990 Coll., Act No. 522 / 1990 Coll., Act No. 134 / 1993 Coll., Act No. 190 / 1993 Coll., Act No. 331 / 1993 Coll., Found by the Constitutional Court of the Czech Republic No. 49 / 1994 Coll. and Act No. 256 / 1994 Coll., and Act No. 190 / 1993 Coll., Act No. 76 / 1978 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.07.1995 |
|---|---|
| Effective from | 27.07.1995 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Education, Education, Education
Administrative law
The regulation text is for informational purposes only.
Comments 0