Decree No. 147 / 2011 Coll.
Decree amending Decree No. 73 / 2005 Coll., on the education of children, pupils and students with special educational needs and children, pupils and students of extraordinary talents
Valid
Effective from 01.09.2011
147
DECLARATION
of 25 May 2011
amending Decree No. 73 / 2005 Coll., on the education of children, pupils and students with special educational needs and children, pupils and students of extraordinary talents
The Ministry of Education, Youth and Sports provides, pursuant to § 7 (3), § 19, § 23 (3), § 26 (4) and § 56 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. 73 / 2005 Coll., on the education of children, pupils and students with special educational needs and children, pupils and students of extraordinary talents, is amended as follows:
1. Paragraph 1, including footnotes 1 and 2, reads as follows:
(1) The education of children, pupils and students (hereinafter referred to as "pupils") with special educational needs (hereinafter referred to as "special education") and the training of pupils of extraordinary qualifications is carried out using compensatory and support measures.
(2) For the purposes of this decree, compensation measures for the education of pupils with a health or social handicap shall mean the use of teaching methods and, where appropriate, specific teaching methods and procedures which correspond to the educational needs of pupils, the provision of individual support in the framework of teaching and training for teaching, the use of guidance services for schools and educational institutions, the individual training plan and the services of assistant education2). The school provides these measures on the basis of a pedagogical assessment of the educational needs of the pupil, the course and the results of his or her education and, where appropriate, in cooperation with the educational institution.
(3) For the purposes of this Decree, support measures for the education of pupils with disabilities are the use of special methods, procedures, forms and means of education, compensation, rehabilitation and teaching aids, special textbooks and didactical materials, the classification of subjects specifically educational care, the provision of pedagogical-psychological services (1), the provision of teaching assistant services (2), the reduction of the number of pupils in the classroom or study group or other arrangements of the training organisation taking into account the special educational needs of the pupil.
(4) For the purposes of this decree, support measures for the training of extremely gifted pupils are the use of special methods, procedures, forms and means of education, didactic materials, the provision of pedagogical psychological services, or other arrangements for the organisation of education taking into account the educational needs of such pupils.
(5) For the purposes of this decree, pupils with severe visual impairment, severe auditory impairment, severe physical impairment, severe communication disability, deafblind, multiple defects with concurrent disability, autism, severe physical or moderate, severe or deep mental impairment shall be regarded as having a severe disability. These pupils have the highest degree of support in terms of the extent of special training needs.
(6) A pupil with a social handicap shall be considered to be a pupil with a social handicap for the purpose of granting the compensatory measures referred to in paragraph 2, in particular a pupil from an environment in which he does not receive the necessary support for the proper course of education, including the cooperation of legal representatives with the school, and a pupil disadvantaged by a lack of knowledge of the language of instruction.
1) Decree No. 72 / 2005 Coll., on the provision of advisory services in schools and educational institutions, as amended by Decree No. 116 / 2011 Coll.
2) Paragraph 2 (2) (f) of Act No. 563 / 2004 Coll., on pedagogic workers and on the amendment of certain laws. Section 16 (9) of the Education Act. '
2. Paragraph 3 (4) reads as follows:
"(4) A non-disabled pupil shall not be trained according to the education programme for the education of pupils with disabilities. '
3. In Article 3, the following paragraph 5 is added:
"(5) A non-disabled student may, exceptionally and only for the period necessary to compensate for his handicap, be educated in a school, a classroom or a study group set up for disabled pupils, provided that:
(a) a pupil with a medical handicap who, both in the course of school education and taking into account the individual training needs and the application of the compensatory measures referred to in Article 1 (2), is failing overall and where his interest so requires; Paragraph 9 (1) shall apply mutatis mutandis. At least once per school year, the school shall assess whether the reasons for the education of the pupil according to the first sentence persist; where these reasons have passed, he shall propose to the legal representative a return to the original or other ordinary school, class or study group of a pupil or an adult student;
(b) a student with a social handicap who, both in the course of school education and taking into account the individual educational needs and the application of the compensatory measures referred to in Article 1 (2), has failed overall in the long term and where his interest so requires; Paragraph 9 (1) shall apply mutatis mutandis. A pupil with a social handicap may be assigned to a school, class or study group for a maximum period of 5 months; for the period for which the pupil is so classified, he shall remain a pupil of the original school. ';
4. in Article 6 (4), point (f) is deleted;
Points (g) and (h) shall be renumbered as points (f) and (g).
5. Paragraph 7 (1) reads as follows:
"(1) The main activities of the assistant education2) are:
(a) assistance to school staff in educational and educational activities, assistance in communication with pupils and legal representatives of pupils and the community from which the pupil comes;
(b) support for pupils in adapting to the school environment;
(c) assisting pupils in teaching and in preparing for teaching;
(d) the necessary assistance to pupils with severe disabilities in self-service and movement during teaching and in events organised by a school outside the place where the school carries out training in accordance with the school register. "
6. In Paragraph 8, at the end of the text of paragraph 5, the words "and, where appropriate, the first and second stages' shall be added.
7. Paragraph 8 (6) reads as follows:
"(6) In classes and study groups set up for students with a severe disability and in school classes in psychiatric hospitals, 3 pedagogic staff can provide educational activities simultaneously, of which at least 1 is an assistant educator. '
8. Paragraph 8 (10) is deleted.
9. in Article 9 (1) and (2):
"(1) A pupil may be assigned to a school, class or study group set up for pupils with disabilities or transferred to an education programme adapted for pupils with disabilities only:
(a) on the basis of a written recommendation from the educational institution, including the proposal for specific support measures;
(b) after consultation with the legal representative of the pupil or an adult student, including the provision of an understandable lesson as provided for in the Annex to this Decree; adequate instruction is also given to a minor pupil,
(c) with the informed consent given by the legal representative of the pupil or an adult pupil on a form drawn up in accordance with the Annex to this Order in the case of primary education. "
(2) The classification of a pupil under paragraph 1 may be preceded by a diagnostic stay. The diagnostic stay shall last if it is for the form of education referred to in § 3 (1) (a) or (b), 2 to 6 months, and if it is for the form of education referred to in § 3 (1) (c) or (d), 1 to 3 months. During the diagnostic stay, the pupil remains a student of the original school. Paragraph 9 (1) shall apply mutatis mutandis. The school counselling institution shall issue a report and recommendations containing the student's training proposals to the adult or legal representative of the student. The report and recommendations shall be issued no later than 30 days after the date of completion of the diagnostic stay. ';
10. Paragraph 9 (4) is deleted.
11. in Paragraph 10 (2):
"(2) In addition, pupils with a different type of disability or disability may be included in the class or study group set up for pupils with disabilities at the request of an elderly student or legal representative of a pupil and a written recommendation from the educational institution. Their number shall not exceed 25% of the maximum number of pupils in the class or study group referred to in paragraph 1. Paragraph 3 (4) and (5) and Article 9 (1) shall not be affected. ';
12. in Paragraph 10 (4), the word "maternity" shall be inserted after the words "ordinary class."
13. the following Annex is added:
"Annex to Decree No 73 / 2005 Coll.
Minimum scope of data and information for the provision of informed consent to the inclusion of a pupil in one of the organisational forms of education provided for in Section 3 of this Decree and the transfer of a pupil to the education programme for pupils with disabilities (Section 49 (2) of Act No. 561 / 2004 Coll.) in primary education
The legal representative of the pupil or an adult student shall receive a clear lesson in particular on:
(a) the rights and obligations of pupils and legal representatives of pupils in relation to compulsory education;
(b) organisational forms of education, their differences and related organisational changes;
(c) structure of training programmes (RVP ZV, RVP ZV, part. D, Chapter 8, RVP ZV - Annex governing the education of pupils with mild mental disabilities, RVP for the field of education special school - Part I and II, school curriculum),
(d) differences in training programmes and differences in output key competences;
(e) organisational changes that may arise in connection with the transfer to another training programme;
(f) support or compensatory measures which may help the pupil to manage the current training programme;
(g) the possibility of a diagnostic stay pursuant to Article 9 (2);
(h) the possibility of training under the individual training plan;
(i) opportunities for further education and professional application.
Lessons learned (date, name, position at school, signature):
I declare that I have been informed in detail and in a comprehensible manner of the possibilities and consequences of education for my child / my education under the training programme (including the relevant training programme) and the possibilities and consequences of his / her education in the chosen organisational form of education (including the relevant form) and that I understand the information. Before signing the informed consent, I had the opportunity to ask questions and consider the answers submitted sufficiently. I understand and agree with all the communications. Based on the information provided
I agree.
with the inclusion (name and surname, date of birth of the pupil) in the chosen form of education and with the training provided for in the above-mentioned training programme.
Date, name, signature of the legal representative of the pupil or of an adult student: '.
Efficacy
This Decree shall take effect on 1 September 2011.
Minister:
Mgr.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 147 / 2011 Coll., amending Decree No. 73 / 2005 Coll., on the education of children, pupils and students with special educational needs and children, pupils and students of extraordinary talents |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.06.2011 |
|---|---|
| Effective from | 01.09.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0