Act No. 139 / 1995 Coll.
Act amending and supplementing the Act of the Czech National Council No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended by Act No. 190 / 1993 Coll. and Act No. 256 / 1994 Coll.
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Effective from 27.07.1995
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27.07.1995
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139
THE LAW
of 22 June 1995
amending and supplementing the Act of the Czech National Council No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended by Act No. 190 / 1993 Coll. and Act No. 256 / 1994 Coll.
Parliament has decided on this law of the Czech Republic:
The Act of the Czech National Council No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended by Act No. 190 / 1993 Coll. and Act No. 256 / 1994 Coll., is amended as follows:
1. the following point (c) shall be added to Article 2:
"(c) school advice, if established."
2. In Paragraph 3 (1), the following is inserted after the words "creating conditions':" for the activities of the school board 'and after the words "school inspection':" taking follow-up measures'.
3. The following sentences shall be added at the end of Paragraph 3 (1): "The Director shall be responsible for the processing and making available to the public of the annual activity report of the School and the annual management report of the School and shall submit these reports to the School Board. The Director shall be obliged to attend the meetings of the School Board, if invited by the School Board. The school director shall ensure that legal representatives of a minor pupil and of an adult pupil are informed of the progress of the education and education of the pupil. ';
4. in Paragraph 3 (2), points (c), (d) and (h) are deleted.
Points (e), (f) and (g) shall be renumbered (c), (d) and (e); points (i), (j), (k), (l), (m) and (n) shall be renumbered as points (f), (g), (h), (i), (j) and (k).
5. in Paragraph 3 (2), the new point (d) reads:
"(d) the inclusion of children in special nursery schools and special primary schools, primary schools, special schools and school establishments serving them and auxiliary schools; in primary schools, priority shall be given to children who are resident in the school district or who are located in a children's home in the school district; ';
6. the following point (l) shall be added to Article 3 (2):
"(l) a request from a pupil to change the field of study or teaching and to repeat the year after completion of compulsory education."
7. Paragraph 3 is deleted.
Paragraph 4 shall become paragraph 3.
8. § 4 is deleted.
9. In Article 5 (1), the following is inserted after the words "administrative authorities':" in education '.
10. the last sentence of Article 5 (2) shall be deleted.
11. Article 6 (1) reads as follows:
"(1) The School Office shall establish and abolish, with the agreement of the Ministry, as a contribution or budgetary organisation or its organisational units:
(a) special primary schools for health care institutions, auxiliary schools, special schools, special pre-schools for health care institutions;
(b) primary art schools;
(c) educational establishments for non-teaching education;
(d) school recovery facilities;
(e) educational advisory facilities;
(f) school catering facilities;
(g) school service centres, information technology centres and swimming schools;
(h) establishments for the further education of teaching staff. "
12. in Article 6, after paragraph 1, the following paragraphs 2 and 3 are inserted:
"(2) The property relationships and the management of the organisations and units referred to in paragraph 1 shall be governed by a separate regulation.1)
(3) The School Office shall submit to the County Assembly annually for approval (1a) a report from its territorial district on the state of the concept and development of the network of pre-school institutions, schools and school establishments, on the results of the education and training of pre-school establishments, schools and school establishments and on the design and performance of the school's activities. For information from the Ministry, the School Office shall add the approved report on the observations of the District Assembly to that information. The report shall also contain information on the management of the School Office, preschool, school and school establishments.
1) Act ČNR No. 576 / 1990 Coll., on the rules of management of budgetary resources of the Czech Republic and of municipalities in the Czech Republic (budget rules of the Republic), as amended.
1a) Act No. 425 / 1990 Coll., on the District Offices, the modification of their responsibilities and certain other measures related thereto, as amended. '
13. Paragraph 6 (2) shall be renumbered paragraph 4 as follows:
"(4) The School Office shall appoint and withdraw the directors of the preschool, school and school establishments it establishes and, with the agreement of the Establisher, appoint and remove the directors of preschool, school and school establishments established pursuant to Paragraph 14 (2). When appointed, it shall be based in particular on the results of the bankruptcy proceedings and the opinion of the school board, if any. In the event of repeated non-agreement of the founder, the School Office shall decide on the appointment or removal of the Director of the Ministry. ';
Paragraph 3 shall be deleted.
Paragraph 4 shall become paragraph 5.
14. in Article 7 (b), the following shall be added at the end: "except for points (c) and (k) as regards the primary arts school set up under Article 14 (6)."
15. in § 7 (c), "§ 4" is replaced by "§ 14 (3) (a)";
16. the following points (e) to (i) are added:
"(e) decide to exempt pupils from the obligation to attend school and to exempt pupils from compulsory education, 1b)
(f) allows for a derogation in the admission of pupils to secondary education, 1c)
(g) express its views on the granting of a derogation in the establishment of primary schools, 1d)
(h) decide on exceptions in terms of the number of children in the nursery class, 1e)
(i) giving consent to the reunification of schools.1f)
1b) § 37 of Act No. 29 / 1984 Coll., on the System of Primary and Secondary Schools (School Act), as amended.
1c) § 19 (3) of Act No. 29 / 1984 Coll.
1d) § 6 paragraphs 3 and 5 of Act No. 29 / 1984 Coll.
1e) § 3 (1) of the ČNR Act No. 76 / 1978 Coll., on school establishments, as amended.
1f) § 2 (2) of Act No. 29 / 1984 Coll. '.
17.
(1) The School Office gives its consent to the municipalities to cancel the primary school set up by them.
(2) The School Office shall allocate to pre-school institutions, schools and educational establishments which serve them in the network of pre-school institutions, schools and school establishments (hereinafter referred to as "the Network") established and managed by municipalities, the funds for salaries and compensation of salaries, and, where appropriate, wages and salary compensation, for on-call fees, remuneration for work carried out on the basis of non-employment and severance agreements, and for the costs of specific contributions to social and health funds and other costs resulting from employment relations, for the costs of teaching and school supplies, as well as well as for the costs of teaching and school supplies, provided that pupils are provided for free of charge, and for their use.
(3) The School Office allocates funds to increase the costs of teaching disabled children. "
18. Paragraph 10 (2), including footnote 2, reads as follows:
"(2) The School Office shall allocate a financial subsidy to private pre-school, school and school establishments included in the Network by the Ministry to the extent and under the conditions laid down by the Specific Regulation, monitor the effectiveness of the management of the allocated subsidy and carry out its financial settlement. (2)
2) Act No. 29 / 1984 Coll. Act No. 76 / 1978 Coll. Government Decree No. 245 / 1993 Coll., laying down the conditions and amount of grants to private pre-school establishments and private school establishments. Decree of the Government of the Czech Republic No. 379 / 1990 Coll., on providing grants to private schools. "
19. Paragraph 11 (1) of the first sentence reads: "The School Office shall provide methodological assistance at the request of schools or school staff, school establishments or preschool establishments."
20. In other provisions of the law, the words "school staff 'are replaced by the words" school staff'.
21. in Article 12 (3) (a), the following shall be added after the word "serving": "and higher education institutions."
22. Paragraph 12 (4) (d) reads as follows:
"(d) appoint and remove the head of the pre-school, school and school establishments which he establishes, the head of the school office, the central school inspector and, on a proposal from the school inspector; the appointment shall be based on the results of the bankruptcy proceedings; ';
23. in Article 12 (4) (e), the following shall be replaced by a semicolon at the end of paragraph 4 (e): "for the purposes of the inclusion of preschool, school and school establishments in the network, the assessment of proposals for changes in the network and the exclusion of preschool, school and school establishments from the network,"
24. Article 12 (4) shall be supplemented by the following points (f) to (k), including notes (2a) to (2c):
"(f) it lays down standards as the annual volume of non-investment expenditure and salary for a child or pupil in a pre-school institution, school or school establishment;
(g) breakdown of funding for education by number of children and pupils of pre-school institutions, schools and school establishments and specified standards, unless otherwise provided by the Ministry;
h) processes, publishes and presents to the Chamber of Deputies an annual report on the state and development of the educational system;
(i) Grants exemptions, 2a)
(j) decide upon exceptions in the establishment of primary schools, 2b)
(k) appoint an examination committee for discharge. (c)
2a) § 3 (1) of Act No. 29 / 1984 Coll.
2b) § 6 paragraphs 3 and 5 of Act No. 29 / 1984 Coll.
2c) § 27b (2) of Act No. 29 / 1984 Coll. '.
25. In Article 12 (5), points (a) and (b) are deleted.
Points (c) and (d) shall be renumbered (a) and (b).
26. in Article 12 (5) (b), the following shall be inserted after the word "their": "processing a."
27. Article 12 (5) shall be added to point (c), which shall include footnote 2d:
"(c) the form, dates and data carriers of the documentation and records of the school.2d)
2d) § 38a (3) of Act No. 29 / 1984 Coll. '.
28. in Paragraph 13, point (n) is deleted.
Point (o) shall be renumbered as point (n).
29. After Part Two, the following Part Three is inserted:
ESTABLISHMENT OF SCHOOL, PREVIOUS EQUIPMENT AND SCHOOL EQUIPMENT IN THE NETWORK OF SCHOOL, PREPARATUS EQUIPMENT AND SCHOOL EQUIPMENT
(1) The Ministry shall maintain a network of all founders on the basis of data provided by the central authorities of the state administration and the educational authorities by 31 December, which it publishes annually.
(2) Schools, preschool establishments and educational establishments of all the organisers shall be classified by the Ministry, except for:
(a) schools, preschool establishments and educational establishments set up by the municipality in accordance with the provisions of Paragraph 14 (2) which are included in the network by the School Office;
(b) schools, pre-school institutions and educational establishments set up by the municipality pursuant to the provisions of Section 14 (5) in the case of schools or educational establishments otherwise established by the School Office, which are included in the network by the School Office;
(c) the practical teaching centres and workplaces of practical teaching, which are included in the network by the Ministry of Economy.
The parties to the proceedings for inclusion in the network shall be the school, preschool or educational establishment and their founder.
(3) In the network, for each school, preschool or school establishment:
(a) name, registered office, legal form and identification number;
(b) the name and address of the founder; the name and surname and permanent residence of the founder, if he is a natural person;
(c) all types and types of school covered by the school;
(d) a list of the fields of study and teaching and, where appropriate, a focus;
(e) the list of pre-school institutions and school establishments which the school brings together;
(f) the date of inclusion in the network.
For preschool and school establishments, the subject matter of the activity shall be indicated.
(4) Application for inclusion in the network for schools, preschool establishments and school establishments which:
(a) establish a municipality in accordance with the provisions of § 14 (2); it shall submit the municipality to the competent school authority;
(b) establish a municipality in accordance with the provisions of Paragraph 14 (5), if it is a school or a school establishment which is otherwise established by the School Office, the municipality shall submit it to the competent school authority;
(c) establish a municipality in accordance with the provisions of Paragraph 14 (5), where it is a school or a school establishment which is otherwise established by the Ministry, the municipality shall submit it through the school office to the Ministry,
(d) establish a School Office, submit the School Office to the Ministry;
(e) are private schools, preschool establishments and school establishments or schools, preschool establishments and schools established by state-recognised churches or religious societies, the founder shall submit to the Ministry, with the exception of private secondary vocational schools, schools, practical training centres, practical training centres, secondary and higher medical schools and educational establishments serving them.
(5) Application for inclusion in the network
(a) secondary vocational training courses, where they are not covered by paragraph 4, including private secondary vocational training courses and private training courses, shall be submitted by the founder to the Ministry through the Ministry of Economic Affairs;
(b) secondary and higher education institutions and institutions serving them shall be presented by the founder to the Ministry through the Ministry of Health,
(c) the centres of practical teaching and practical teaching are presented by the founder to the Ministry of Economic Affairs.
The Ministry of Economic Affairs and the Ministry of Health shall assess whether the application complies with the requirements of this Act and other regulations, if necessary, and shall deliver the application to the Ministry for inclusion in the network by 31 December except for the application for inclusion in the network of practical teaching centres and practical teaching centres.
(6) An application for inclusion in the network shall be submitted no later than 30 November of the calendar year preceding the calendar year in which it is to commence operations. In serious cases, the public administration which it places in the network referred to in paragraph 2 may decide to submit an application at a later date before the start of the school, school establishment or pre-school establishment.
(1) The application for the inclusion of pre-school, school and school establishments in the network includes:
(a) the name of the school, preschool or school establishment;
(b) the name and surname, permanent residence and birth number of the founder or, where applicable, the date of birth, if the founder of the school, preschool or school establishment is a natural person;
(c) the name, registered office, legal form of the organisation and its identification number, name and surname, permanent residence and birth number of the person or persons who are the statutory body, if the founder of the school, preschool or school establishment is a legal person;
(d) a document certifying the use of the right of the founder to the object, property or premises in which the teaching or activity will take place;
(e) the establishment or establishment list of the school, preschool and school establishments under a special law, except where the proposal for the establishment of a school, preschool or school establishment together with the draft establishment list is submitted by the competent local authority of the state administration or self-administration in education;
(f) a positive binding assessment by the competent authority of the sanitary service and the competent authority of the public administration for the use of the relevant building or property for the proposed purpose corresponding to the provisions of the building law, 5)
(g) in the case of primary schools, preschool establishments and school establishments the body of which is a natural or legal person, the expression of the municipality in whose territory the school, preschool or school establishment will operate; where the contracting authority requires funds from the municipal budget or other material advantages, it must be a positive expression of the municipality;
(h) in the case of secondary and higher education schools, special schools and school establishments serving them, with the exception of secondary and higher medical schools, the opinion of the School Office according to the relevant territorial competence;
(i) in the case of schools, their concept of education, including curriculum plans, syllables or other approved teaching documents, including at least the most significant educational objectives, the overall structure of the teaching, the enumeration and brief description of individual subjects or other structural content, and the conditions limiting admission of candidates to study, and approved by the Ministry, the framework content of the education of individual subjects and profiles of graduates for individual study or teaching subjects;
(j) the way in which the school, preschool or school establishment is managed and financed;
(k) personnel security of the operation of the school, preschool or school establishment or a mandatory description thereof;
(l) material security of teaching or operation or a binding description thereof;
(m) an extract from the criminal register of the founder, where the founder is a natural person, and the principal of the school or head of the school establishment;
(n) the personal data of the school head or head of the school establishment and the evidence of education certifying his teaching and professional competence, the evidence of previous employment and the CV of the school head or school manager;
(o) starting date;
(p) the estimated number of pupils and the number of classes in the coming school year and the estimated total number of pupils and classes or the estimated capacity of the school establishment, all classes of which must be located within the territorial scope of one school office.
(2) In agreement with the public authority which it places in the network pursuant to Article 13a (2), the founder may submit the additional data referred to in paragraph 1 (d), (f) and (n), but always before the start of the activities of the school, school establishment or preschool establishment.
(3) The public authority which places the application in the network referred to in Article 13a (2) shall assess whether the application complies with the requirements of this law and other provisions or, where appropriate, have the application completed by the applicant and shall decide within 60 days of the submission of the application. The decision on the application for inclusion in the network shall include the justification thereof, the date on which it was issued and the notice of appeal.
(4) The decision referred to in paragraph 3 shall be notified by the Ministry:
(a) the parties;
(b) the school office responsible for the school's head office;
(c) Czech school inspection,
(d) to the competent authority of the State administration pursuant to Article 13a (5).
(5) Where the decision referred to in paragraph 3 has been taken by the School Office or by the Ministry of Economic Affairs, it shall be served on:
(a) the parties;
(b) the Ministry,
(c) Czech school inspection.
(6) In the case of a positive decision pursuant to paragraph 3, the decision to join the network shall also include:
(a) the name and address of the school, pre-school establishment or school establishment;
(b) the name and surname, place of permanent residence, date of birth and the natural number of the founder, if the founder of the school, preschool or school establishment is a natural person;
(c) the name, registered office, legal form, identification number of the founder and the name, surname, place of permanent residence and the birth number of the person or persons who are the statutory authority, if the founder is a legal person.
(7) An appeal against the decision on the application for inclusion in the network may be lodged with the authority of the State administration which issued the contested decision within eight days of service of the party's decision. If the authority of the State administration which issued the contested decision does not comply fully with the appeal, it shall refer the case to the superior authority of the State administration which, after examination of the contested decision, shall confirm or revoke the case by its decision. In the event of annulment of the contested decision, the case shall be referred back for reconsideration. The decision of the appeal authority shall not be appealed against. This is without prejudice to the possibility of judicial review.
(8) The decision of the Central Authority on the application for inclusion in the network issued at first instance may be brought before that authority within eight days of the receipt of the decision of the party to the proceedings by the head of the Central Authority on the basis of a proposal from the commission set up by it. There is no appeal against the decision on decomposition. This is without prejudice to the possibility of judicial review.
(9) Where changes are made to the information provided in the application referred to in paragraph 1 by the founder, he shall notify the authority which places it in the network referred to in Article 13a (2) no later than 14 days after the date on which the change took place and shall provide evidence of the relevant documents. That authority shall decide on the amendment in accordance with paragraph 3.
(1) The authority of the State which places it in the network pursuant to Article 13a (2) shall initiate a procedure for the removal of the school, preschool or school establishment from the network:
(a) upon written request by the founder;
(b) for the identification of serious shortcomings in the activities of a school, a pre-school or a school establishment or an educational establishment;
(c) failure to fulfil the conditions for inclusion in the network;
(d) serious infringements of generally binding legislation or of applicable technical and hygienic standards;
(e) upon written request by the competent authorities of the State administration pursuant to Article 13a (4) and (5).
(2) In the event of the initiation of the procedure referred to in paragraph 1 (a), the application must contain in particular the particulars referred to in Article 13b (1) (a) to (c), (e) and (g) accordingly.
(3) The participants in the network decommissioning proceedings are the school, preschool and school establishments and their founder. In the course of the procedure for the exclusion of a school, a pre-school establishment or a school establishment from the network, the body of the administration which it places in the network pursuant to Article 13a (2) shall decide on measures to prevent the inefficient use of the State funds provided. The provisions of this Act on network classification procedure shall apply mutatis mutandis to network decommissioning, unless otherwise provided for in this Act.
(4) On the date of the decision of the public authority, which places it in the network pursuant to Paragraph 13a (2), to exclude a school, preschool or educational establishment from the network, the right to grant a subsidy from the state or municipal budget shall cease. The school, preschool or school establishment and their promoter are jointly and severally responsible for settling the subsidy paid.
(5) In the decommissioning of primary school, multi-annual gymnasium or eight-year conservatory in the field of dance from the network, the municipality in which the school is located shall be obliged, in cooperation with the competent school office, to ensure that compulsory school attendance of pupils excluded from the network at another primary school is carried out; in case of elimination of a special primary school or high school, which is a special secondary school, in another special primary school.
(6) When the school is excluded from the network, the founder shall ensure that the results of the classification are transmitted for the completed school year to the pupils of the school or their legal representatives.
5) Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended. '.
30. Paragraph 14 (1) and (2) reads as follows:
"(1) The municipality is obliged to create conditions for compulsory schooling. The territorial district of the municipality consists of the catchment area of the primary school; for two or more primary schools, the municipality shall, by means of a decree, determine their courses, taking into account possible alternative training programmes. If there is more than one primary school in the municipality, the catchment areas shall be determined only for primary schools established by the municipality. The municipality may agree with the neighbouring municipality or with the surrounding municipalities on the establishment of a common base school district. If such an agreement is not concluded and the performance of the compulsory schooling of pupils is threatened, the district office shall decide on the common school stage in the agreement with the school office.
(2) The municipality shall set up or, with the approval of the School Office, abolish preschool, primary school and school establishments serving them. Where a student carries out compulsory schooling at a school set up by another municipality, he shall be obliged to pay the municipality in which the pupil resides, the municipality which established the school, its non-investment expenses as referred to in paragraph 4, which consist of maintenance and repair costs, material expenses, services and non-production costs, salary and other payments to natural persons not provided by the school body to one pupil of that school, unless the municipalities concerned agree otherwise. The municipality of the school is obliged to notify the municipality in which the pupil resides of his admission to primary school in his or her district. Disputes concerning the reimbursement of the non-investment costs of municipalities under this paragraph shall be settled by the court. ';
31. In Paragraph 14, the following paragraph 3 is inserted after paragraph 2:
"(3) The municipality shall decide:
(a) the admission of children to a pre-school establishment, a school cafeteria, a school club or a school club where the number of children enrolled exceeds the number of children eligible for admission;
(b) appeals against decisions of the Director in administrative matters referred to in Article 3 (2) (c) and (k) in respect of pre-school establishments, schools and school establishments set up by the municipality. ";
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
32. In Article 14 (6), a comma is inserted after the words "staff security 'and the following words are inserted:" which does not assign a school office under Section 8 (2)' and the following words are inserted after the word "Director ':" and, as regards secondary and higher health schools, with the consent of the Ministry of Health'.
33. Paragraph 14 shall be added to paragraph 7:
"(7) The municipality shall give its approval to the School Office for the appointment and withdrawal of the Director of the Pre-School Institute, School and School Facility established by the Municipality. ';
34. Part Three shall be renumbered Part Four.
35. note 2) shall be replaced by note 6), as follows:
6) Act No. 367 / 1990 Coll., on Municipality, as amended. '
36. Paragraph 16, including the title, reads:
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Regulation Information
| Citation | Act No. 139 / 1995 Coll., amending and supplementing the Act of the Czech National Council No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended by Act No. 190 / 1993 Coll. and Act No. 256 / 1994 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.07.1995 |
|---|---|
| Effective from | 27.07.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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