Decree No. 163 / 2018 Coll.

Decree amending Decree No. 74 / 2005 Coll., on Home Education, as amended

Valid Effective from 01.09.2018
Contents
163
DECLARATION
of 31 July 2018
amending Decree No. 74 / 2005 Coll., on Home Education, as amended
The Ministry of Education, Youth and Sports provides, pursuant to § 29 (2), § 111a (3), § 112, § 121 (1), § 123 (5) and § 161c (2) (c) of Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended by Act No. 472 / 2011 Coll., Act No. 333 / 2012 Coll., Act No. 82 / 2015 Coll. and Act No. 101 / 2017 Coll.:
Čl. I
Decree No. 74 / 2005 Coll., on Home Education, as amended by Decree No. 109 / 2011 Coll., Decree No. 279 / 2012 Coll. and Decree No. 197 / 2016 Coll., is amended as follows:
1. In the introductory sentence of the Decree, the words "Paragraph 29 (2), Article 111a (3) ', the words" paragraph 1 and' are replaced by the words "paragraph 1, ', the words" paragraph 5' are inserted after the words "Article 161c (2) (c) 'and the words" as amended by Act No. 472 / 2011 Coll., Act No. 333 / 2012 Coll., Act No. 82 / 2015 Coll. and Act No. 101 / 2017 Coll.' are added at the end of the sentence.
2.
„§ 2
Educational activities in education
(1) Interest training is carried out
(a) regular interest, educational, recreational or educational activities, including the possibility of preparing for teaching;
(b) occasional interest, educational, recreational or educational activities, including the possibility of preparing for teaching;
(c) camping and other similar activities;
(d) information activities, including the collection and provision of information for children, pupils and students and, where appropriate, other persons, and activities leading to the prevention of risk behaviour and training for volunteering;
(e) individual work, in particular by creating conditions for the development of talent for children, pupils and students;
(f) making use of an open offer of spontaneous activities;
(g) education programmes linked to school framework training programmes.
(2) Interest education shall take the form of regular daily attendance, regular attendance or irregular and occasional attendance.
(3) For the purposes of this decree:
(a) regular daily attendance at least 4 days per week for a period of at least 5 consecutive months,
(b) regular attendance of applications for interest education to the extent of at least once every 2 weeks for at least 5 consecutive months which is not regular daily attendance;
(c) irregular and occasional attendance of applications for interest education to an extent other than those referred to in (a) and (b). "
3. The following heading is inserted under the heading of Section 3:
"Types of educational establishments for interest education."
4. In Section 4, at the end of the text of paragraph 1, the words "including outside the place where education is carried out under the Education Act (1) 'are added.
5. In Paragraph 4, the following paragraph 2 is inserted after paragraph 1:
"(2) The organisational breakdown of the Centre shall be determined by the Director of the Centre by internal rules.";
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
6. In Article 4 (3), the words "methodological, professional or material 'are replaced by" methodological and professional'.
7. Paragraph 4 (5) reads as follows:
"(5) The Centre shall operate on the day of school education. The Centre may carry out activities on non-school days, including school holidays. '
8. in Article 5, the following paragraph 2 is inserted after paragraph 1:
"(2) The activities of the Centre in the form of regular attendance shall be exclusively for tenderers who are not admitted to regular attendance at the club, provided that the activities of the Centre and the club are carried out by the same legal person. ';
Paragraph 2 shall become paragraph 3.
9. Paragraph 5 (3) reads as follows:
"(3) A written application is a condition for the admission of a candidate to the Centre's activities referred to in Article 2 (1) (a) or (c)."
10. In Article 6, the following paragraph 3 is inserted after paragraph 2:
"(3) The organisational breakdown of the club shall be determined by the Director's internal rules."
Paragraph 3 shall become paragraph 4.
11. in Article 6 (4), the words "in particular forms" shall be replaced by "in particular activities" and the words "paragraph 1" shall be inserted after the heading "2."
12. In Section 7, at the end of paragraph 1, the words "registered for regular daily or regular attendance 'are added.
13. in Article 7 (2), the words "not accepted for regular daily attendance in the cooperative" shall be deleted;
14. In Article 7, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) The activities of the club in the form of regular daily attendance are intended exclusively for applicants who are not admitted to regular daily attendance if the activities of the club and the cooperative are carried out by the same legal person.
(4) The activities of the club in the form of regular attendance are intended exclusively for tenderers who are not admitted to regular attendance at the Centre, provided that the activities of the club and the Centre are carried out by the same legal person. ';
Paragraph 3 shall become paragraph 5.
15. Paragraph 7 (5) reads:
"(5) A written application is a condition for the admission of a candidate to the activities of a club referred to in Article 2 (1) (a) or (c)."
16. In Paragraph 8, the following sentence is added at the end of paragraph 2: "The Director may, after consultation with the Director of other satellites, arrange for the possibility of providing interest training to participants in another school cooperative for the duration of the interruption of operations, particularly during school holidays. The Director shall publish in an appropriate publicly accessible place information on the interruption of the operation of the cooperative and, where appropriate, information on the possibility and conditions of providing training in another cooperative. ';
17. Paragraph 8 (3) reads:
"(3) The training and education activities of the cooperative are mainly carried out by the activities referred to in § 2 (1) (a), (b) and (f)."
18. in Article 8, paragraphs 4 and 5 are deleted;
Paragraph 6 shall become paragraph 4.
19. Paragraph 8 (4) reads:
"(4) The cooperative allows participants registered for regular daily attendance and leisure activities."
20. In Section 9, at the end of paragraph 1, the words "registered for regular daily attendance 'are added.
21. in Paragraph 9 (2), the last sentence is deleted;
22. In Article 9, the following paragraph 3 is inserted after paragraph 2:
"(3) The activities of the cooperative in the form of regular daily attendance are intended exclusively for candidates who are not admitted to the club on a regular daily basis, provided that the activities of the cooperative and the club are carried out by the same legal person. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
23. in Paragraph 9 (4), the words "The activities carried out by the cooperative in the forms referred to in Article 2 (a), (c) and (f)" shall be replaced by the words "The activities referred to in Article 2 (1) (b), (c) and (f)";
24th Paragraph 9 (5) reads:
"(5) A written application shall be a condition for the admission of a candidate to the activities of a cooperative referred to in Article 2 (1) (a) or (c). The application for the activities of the cooperative referred to in Article 2 (1) (a) shall include a written communication on the extent of attendance and the manner in which the participant leaves the cooperative. '
25. In Section 10, the words "and financing 'shall be inserted after the word" Organisation'.
26. In Paragraph 10, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) The cooperative shall have at least 20 participants who are students of the first degree of primary school on average in 1 department.
(3) A cooperative whose activity is carried out by the same legal person as that of a primary school with classes only of the first degree and has only one department shall have at least:
(a) 5 participants who are pupils of the first degree of primary school, if the primary school is one class;
(b) 15 participants who are students of the first degree of primary school, where the primary school is composed of 2 classes;
(c) 18 participants who are students of the first degree of primary school, where the primary school is composed of 3 classes. ';
Paragraphs 2 to 4 shall be renumbered paragraphs 4 to 6.
27. In Article 10, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) Further separation may be established only if there are on average more than 27 participants in the separation.
(6) A second separation may be set up even if the average number of participants who are first-degree pupils than referred to in paragraph 2 is lower than 27 and the number of participants who are first-degree primary school students is higher than 20. The third department may be set up even if the average number of participants who are first-degree primary school pupils than referred to in paragraph 2 is lower than 54 and the number of participants who are first-degree primary school pupils is higher than 40. ';
Paragraphs 5 and 6 shall become paragraphs 7 and 8.
28. In Article 10 (7), the words "the lowest and 'shall be inserted after the words" the lowest and' and the words "the lowest and 'shall be inserted after the words" s'.
29. In Article 10, the following paragraphs 8 to 11 are inserted after paragraph 7:
"(8) The Director may adjust the operational hours of the cooperative according to local conditions. Paragraph 9 shall be without prejudice to this.
(9) For the purposes of this decree, the maximum number of hours of direct pedagogical activity financed by the State Budget in a cooperative set up by the Region, the municipality or municipality association (PHmax) represents the maximum weekly number of hours of direct pedagogical activity in a cooperative financed by the State Budget depending on its organisational structure. Unless otherwise specified, the PHmax is set out in the Annex to this Decree.
(10) If the average number of participants in the cooperative separation is lower than the number laid down in paragraph 2 or 3 by derogation under the Education Act, the PHmax of the cooperative determined in accordance with the Annex shall be reduced on average per division in proportion to the number of participants by which the actual number is lower.
(11) The PHmax set out in accordance with the Annex is reduced in the case of a department referred to in paragraph 7 which has been granted a derogation from the lowest number under the Education Act by:
(a) 0,05 times the PHmax as set out in the Annex, on average for each department, if the average number of participants in those departments is at least 5 and less than 6;
(b) 0,1 times the PHmax as specified in the Annex corresponding on average to each such department, if the average number of participants in such departments is at least 4 and less than 5; and
(c) 0,6 times the PHmax as specified in the Annex, corresponding on average to each of these departments, if the average number of participants in these departments is less than 4. ';
Paragraph 8 shall become paragraph 12.
30. Paragraph 10 (12) is deleted.
31. in Article 12, the words' school development and 'are deleted.
32. In Section 15, the words "form of interest 'are replaced by the words" pet activities' and the words "paragraph 1 'are inserted after the heading" 2'.
33. In Paragraph 15, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) The Director shall set the maximum number of participants per pedagogical worker, taking into account the type of activity carried out by the participants and their possible special training needs, in particular their safety.
(3) The safety and health of participants in education and events outside the place where education is carried out under the Education Act (1) is ensured by the legal person who carries out the activity of the educational establishment, by his staff but always by at least one pedagogical worker. "
34. the following Annex is added:

"Annex to Decree No 74 / 2005 Coll.
Maximum weekly number of hours of direct pedagogical activity in the school cooperative established by the county, municipality or association of municipalities
Celkový počet odděleníCelkový PHmax za školní družinu
132,5
257,5
380,0
497,5
5130,0
6155,0
7177,5
8195,0
9227,5
10252,5
11275,0
12292,5
13325,0
14350,0
15372,5
16390,0
17412,5
18435,0
19457,5
20480,0
21502,5
“.
Čl. II
Efficacy
This Decision shall enter into force on 1 September 2018.
Minister:
Ing. Plaga, Ph.D., v. r.

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Regulation Information

CitationDecree No. 163 / 2018 Coll., amending Decree No. 74 / 2005 Coll., on Home Education, as amended
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation09.08.2018
Effective from01.09.2018
Effective until-
Status Valid
The regulation text is for informational purposes only.
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