Decree No. 197 / 2016 Coll.
Decree amending Decree No. 72 / 2005 Coll., on the provision of advisory services in schools and educational institutions, as amended, and certain other regulations
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Order
Effective from 01.09.2016
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197
DECLARATION
of 2 June 2016
amending Decree No 72 / 2005 Coll., on the provision of advisory services in schools and educational institutions, as amended, and certain other regulations
The Ministry of Education, Youth and Sports provides, pursuant to § 7 (3), § 20 (8), § 23 (3), § 26 (4), § 27 (6), § 28 (6), § 31 (1), § 35 (2), § 38 (8), § 56, 71 (11), § 83 (5), § 84 (3), § 85 (3), § 91 (1), § 112, § 113a (2), § 121 (1), § 123 (5) and § 161 (4) of Law No. 242 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended by Act No. 383 / 2005 Coll.
Amendment of Decree No 72 / 2005 Coll.
Decree No. 72 / 2005 Coll., on the provision of advisory services in schools and educational institutions, as amended by Decree No. 116 / 2011 Coll. and Decree No. 103 / 2014 Coll., is amended as follows:
1. Paragraph 1 (2) to (5), including footnotes 1 and 4, reads:
"(2) School advisory establishments and schools shall provide free of charge standard advisory services to the extent specified in Annexes 1 to 4 to this Decree, at the request of pupils, their legal representatives, schools or educational establishments or at the discretion of a public authority. The provision of psychological or specially educational advisory services shall be subject to the transmission of the information referred to in paragraph 3 and the written consent of the pupil or his legal representative. No agreement is required in cases provided for by other legislation1).
(3) The school or educational institution must inform the pupil in advance in a clear manner and, in the case of a student with a legal representative, his legal representative
(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) his rights and obligations relating to the provision of advisory services, including the right to request at any time the provision of advisory services again, the right to submit a proposal for a hearing under § 16a (5) of the Education Act, the right to request a revision under § 16b of the Education Act and the right to initiate the Czech School Inspection Office under § 174 (5) of the Education Act,
by means of a form the model of which is set out in Annex 5 to this Order.
(4) The advisory service shall be provided without undue delay, but no later than three months after the date of receipt of the request, unless otherwise provided for in other legislation. The condition for providing a consultancy service is that the applicant has provided the synergies needed to fulfil the purpose of the advisory service. A crisis advisory intervention providing assistance in emergency situations shall be provided immediately upon receipt of the request.
(5) The advisory services of school counselling establishments for the detection of special educational needs or special qualifications of pupils are the report and recommendations, the formalities of which are governed by other legislation4).
1) For example, Act No 359 / 1999 Coll., on Social Protection for Children, as amended.
4) Decree No. 27 / 2016 Coll., on the education of pupils with special educational needs and teachers. Decree No. 177 / 2009 Coll., on the Closer Conditions for Termination of Education in Secondary Schools by Graduate Examination, as amended. '
2. In Section 1, paragraph 6 is added:
"(6) In addition, the educational institution shall issue a report whenever the advisory service consists of psychological or specific pedagogical diagnostics, or at the discretion of a public authority. ';
3. in Article 2, the following point (c) is inserted after point (b):
"(c) the examination of the special educational needs of the pupil and the exceptional talent of the pupil, the recommendation of appropriate support measures and the evaluation of the provision of support measures to pupils with special educational needs and to those with special qualifications;"
Points (c) to (i) shall be renumbered (d) to (j).
4. in Article 2 (d):
"(d) prevention and management of educational and educational difficulties, prevention of various forms of risk behaviour and other problems related to education and incentives to overcome problems;"
5. in Article 2 (e), the words "with disabilities, disability and social disadvantages" shall be replaced by the words "referred to in Article 16 (9) of the Education Act."
6. In Article 2 (f), the words "ethnic groups' are replaced by the words" living in different living conditions'.
7. Paragraph 2 (j) reads as follows:
"(j) promoting the education of pupils with special educational needs and of pupils gifted in schools and school establishments, as well as mitigating the consequences of disadvantages and preventing them from deepening;"
8. in Article 2, the following points (k) to (n) are added:
"(k) methodological support for teachers involved in the training of pupils with special educational needs and gifted pupils,
(l) methodological support for educational advisers and school methods of prevention, teachers' assistants and other teaching and non-teaching staff involved in providing support measures in pupil education;
(m) enhancing the quality of the consultancy services provided, in particular through the cooperation of school advisory establishments and school advisory centres;
(n) cooperation with public authorities and with a legal person referred to in Article 16b (1) of the Education Act. "
9. The following Section 2a and 2b are inserted after Section 2, including the headings:
Rules on the provision of advisory services
(1) In the provision of advisory services to schools and educational institutions
(a) comply with the purpose of advisory services;
(b) respect the ethical principles of the provision of advisory services;
(c) they are based on the individual needs of the pupil, promote its autonomy and contribute to its social inclusion;
(d) provide the adult pupil or legal representative with a report and recommendations resulting from psychological or specially educational diagnostics;
(e) cooperate with other schools and schools;
(f) monitor and evaluate the provision of proposed support measures by the pupil;
(g) inform the pupil and the legal representative of the student of the advisory services provided by the school or the educational institution;
(h) provide the pupil and the legal representative with detailed and understandable knowledge of the course and result of the provision of advisory services.
(2) In the provision of advisory services, the educational institution, on the basis of the consent of an adult pupil or legal representative of a pupil, shall provide the conclusions of the examinations which are the basis for the recommendation on the training of a pupil with special educational needs, to another educational institution involved in the care of the pupil.
Psychological and specially educational diagnostics
(1) Schools shall choose and work with the procedures, instruments and methods corresponding to the purpose of the examination, based on the current state of knowledge of the relevant science discipline; in the case of critical decisions in terms of educational needs, it is necessary to base the decision on the use of several procedures.
(2) The procedures, instruments and methods of psychological or specially educational diagnosis must be standardised. If this is not possible, advisory institutions shall choose those procedures, instruments and methods that have a demonstrable contribution to the student's diagnosis and intervention care and serve to identify the student's educational needs and adapt the procedures with him, both in school and home.
(3) If medical assessment of the pupil's health or assessment by another expert is necessary for the provision of advisory services, the conclusions of that assessment shall always be taken into account. ';
10. in Article 3, the following paragraph 2 is inserted after paragraph 1:
"(2) School advisory services shall be provided by educational and social staff whose activities are set out in Annex 4 to this Decree. The Director of the School Advisory Facility shall ensure the continuous methodological management of these staff. ';
Paragraph 2 shall become paragraph 3.
11. at the end of paragraph 3, the words "a legal person established by the Ministry of Education, Youth and Sports" shall be added.
12. In Article 3, the following paragraph 4 is added:
"(4) In order to meet the educational needs of the pupil, the educational institution shall cooperate with other experts in the provision of advisory services. '
13.
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 the provision of individual and group care, including the report and recommendations for the training of a pupil with special educational needs and an extremely gifted pupil;
(c) recommendations for the provision of support measures, their type, composition and degrees and any amendments thereto;
(d) on recommendations for the education of pupils at school, class, department or study group established under Section 16 (9) of the Education Act;
(e) disclosure pursuant to Paragraph 1 (3);
(f) cooperation with schools and educational establishments;
(g) communication and cooperation with public authorities;
(h) the revision of the report and recommendations under Section 16b of the Education Act.
(2) The school shall keep the documentation referred to in points (a), (b) and (e) to (g) of paragraph 1 and the advisory services provided by the school prevention methodology or by the educational consultant for the documentation referred to in points (b), (f) and (g) of paragraph 1.
(3) In addition, the School shall keep documentation of the support measures provided for in the first degree. "
14. in Article 5 (1), the words "and specifically pedagogic" shall be inserted after the words "pedagogic-psychological."
15. Paragraph 5 (3) reads:
"(3) Consultancy
(a) establish and issue a report and recommendations on the pedagogical and psychological preparedness of pupils for compulsory education;
(b) identify the special educational needs of school pupils and draw up recommendations on the basis of the results of psychological and specific pedagogical diagnostics with proposals for support measures for pupils;
(c) issue a report and recommendations in accordance with another legislation4) in order to establish support measures based on the assessment of the special educational needs of the pupil or the special talent of the pupil;
(d) issue a report and recommendations under another legislation4) for the inclusion of a pupil in a school, class, department or study group set up pursuant to Article 16 (9) of the Education Act or for the inclusion or transfer to an education programme corresponding to the educational needs of the pupil;
(e) carry out psychological and specially educational examinations for pupils with special educational needs and pupils with special qualifications;
(f) provide pupils with direct pedagogical and psychological intervention;
(g) provide advisory services to pupils at increased risk of school failure or problems in personal and social development; their legal representatives and educational staff educating these pupils provide advisory services aimed at clarifying the personal perspectives of pupils,
h) provide advisory services to pupils from a different cultural environment and with different living conditions;
(i) provide methodological support to school and school establishments in the provision of advisory services and support measures;
j) provide career guidance to pupils;
(k) provide information, consultation, advisory and methodological support to legal representatives of the pupil;
(l) ensure, through the prevention methodology, the prevention of risk behaviour, the implementation of preventive measures and the coordination of school prevention methodologies. "
footnote 3 is deleted, including the footnotes.
16. in Paragraph 6 (1):
"(1) The Centre provides advisory services in particular in the education and education of pupils with mental, physical, visual or auditory disabilities, speech defects, concurrent disabilities with multiple defects or autism. One centre shall provide advisory services to an extent corresponding to one or more types of disadvantage according to the first sentence in accordance with Part II of Annex 2 to this Decree. ';
17. in Paragraph 6 (2):
"(2) For pupils of schools established under § 16 (9) of the Education Act and of the School Devices, the Centre's advisory services are provided only under diagnostic care. The Centre shall provide the pupils with the first direct pedagogical and psychological intervention according to the sentence, if the school or school establishment where the pupil is assigned cannot provide such services. '
18. in Paragraph 6 (3), the words "with disabilities" shall be replaced by the words "referred to in paragraph 1."
19. in Article 6 (4) (a):
"(a) establish the preparedness of the pupils referred to in paragraph 1 for compulsory education;"
20. in Article 6 (4), the following point (b) is inserted after point (a):
"(b) identify the special educational needs of the pupils referred to in paragraph 1, taking into account medical assessment of the state of health or assessment by another expert, processing technical documentation for setting up support measures for those pupils and for their inclusion or reassignment in schools and educational establishments and for other educational measures, drawing up reports from examinations and recommendations for the education of pupils,";
Points (b) to (e) shall be renumbered (c) to (f).
21. Paragraph 6 (4) (c), including footnote 2, reads as follows:
"(c) provide specific pedagogical care and training for pupils referred to in paragraph 1 who are educated in a school, class, department or study group which is not established under Paragraph 16 (9) of the Education Act or which provides for a different way of carrying out compulsory schools2);
2) Sections 41 and 42 of the Education Act. ';
22. in Article 6 (4), the following points (d) to (f) are inserted after point (c):
"(d) issue a report and recommendations under another legislation4) in order to establish support measures based on the assessment of the student's specific training needs;
(e) issue a report and recommendation under another legislation4) for the inclusion of a pupil in a school, class, department or study group set up under Paragraph 16 (9) of the Education Act or for the inclusion or transfer to a curriculum corresponding to the educational needs of the pupil;
(f) provide career advice to the pupils referred to in paragraph 1; ';
Points (d) to (f) shall be renumbered as points (g) to (i).
23. in Article 6 (4) (g), the words "with disabilities and pupils with disabilities" shall be replaced by the words "referred to in paragraph 1."
24. in Article 6 (4) (h), the words "with a disability and, where appropriate, a disability" shall be replaced by the words "referred to in paragraph 1."
25. in Article 6, at the end of paragraph 4, the dot is replaced by a comma and the following point (j) is added:
"(j) provide information, consultation, advisory and methodological support to legal representatives of pupils."
26. in Article 7 (1), the words "normally educational adviser and school methodology" shall be replaced by the words "school advisory centre, in which normally educational adviser and school methodology operate."
27. in Paragraph 7 (2):
"(2) At the school, advisory services are provided to the extent appropriate to the number and educational needs of the pupils of the school aimed in particular at:
(a) providing support measures for pupils with special educational needs;
(b) monitoring and evaluating the effectiveness of the selected support measures;
(c) prevention of school failure;
(d) career advice linking educational, information and advisory support to the appropriate choice of educational path and later professional application;
(e) promoting the education and social inclusion of pupils from a different cultural environment and with different living conditions;
(f) support for the education of pupils who are gifted and extremely gifted;
(g) continuous and long-term care of pupils with educational or educational difficulties and the creation of a favourable social climate for accepting cultural and other differences at school and school institutions;
(h) early intervention in the case of current problems in individual pupils and class societies;
(i) preventing all forms of risk behaviour, including various forms of bullying and discrimination;
(j) ongoing evaluation of the effectiveness of the preventive programmes undertaken by the school;
(k) methodological support for teachers in the application of psychological and specially educational procedures in the educational activities of the school;
(l) cooperation and communication between school and legal representatives,
(m) cooperation of the school in the provision of advisory services with educational advisory establishments. "
28. In Article 7, paragraphs 3 to 5 are added:
"(3) The school shall process and implement a programme of advisory services at the school which shall include a description and definition of the scope of the activities of the teaching staff referred to in paragraph 1, a preventive programme of the school, including a strategy to prevent school failure, bullying and other manifestations of risk behaviour.
(4) The pedagogical staff referred to in paragraph 1 shall participate in the provision of support measures for pupils with special educational needs, shall provide synergies with educational institutions and shall cooperate with public authorities to protect the rights of pupils.
(5) The school also cooperates with the school advisory establishment in the field of other services provided to pupils according to the standard activities listed in Annexes 1 and 2 to this decree and services provided by the school. "
29.
"Annex No 1 to Decree No 72 / 2005 Coll.
Standard consultancy activities
I. Comprehensive or focused psychological and specially educational diagnostics:
1. Detection of school assumptions, group and individual psychological and specially educational diagnostics of school maturity.
2. Individual psychological and pedagogical diagnostics of pre-school children due to uneven development.
3. Individual psychological and special pedagogical diagnostics of pre-school children, primary school pupils and secondary school pupils with adaptation problems and educational problems, including specific behavioural disorders.
4. Individual Psychological and specifically pedagogical diagnostics of primary school pupils, secondary school pupils and higher vocational school students with educational problems, including specific learning disorders, and non-profit pupils.
5. Individual psychological and specially educational diagnostics as a basis for:
(a) proposals for support measures, including their breakdown into degrees and possible combinations;
(b) the inclusion and reassignment of pupils with serious learning or behaviour disorders in schools, classes, departments and study groups established under Article 16 (9) of the Education Act;
(c) psychological and specially educational diagnostics of primary school pupils, secondary school pupils and students of higher vocational schools with personality or social-relationship problems;
(d) psychological and specially pedagogical diagnostics of the talents and extraordinary talents of pupils;
(e) recommendations for the training of pupils with specific learning or behaviour disorders and other specific educational needs.
6. Group and individual psychological and specifically pedagogical diagnostics as a basis for helping primary school pupils and secondary school pupils in cases of complications in the choice of another school or profession.
7. Diagnostics of social climate and risk behaviour in class collections as a basis for the development of risk behaviour prevention programmes.
8. Diagnostics of the social climate of class collective as a basis for the development of corrective programmes.
9. Individual psychological and special pedagogical diagnostics of the extraordinary talents of pupils.
II. Psychological and specially educational intervention:
1. Consultative intervention for pre-school children, primary school pupils, secondary school pupils and students of higher vocational schools, legal representatives and educational staff in a life crisis or emergency, and individual assistance to these individuals in crisis processing in cases of problems that adversely affect the education of the child or pupil.
2. Early counselling and working with pre-school children with uneven development, especially difficulties in adapting, and their long-term management.
3. Basic individual and group reeducation of pupils with the need for support measures in education, in particular for pupils with specific learning and behavioural disorders, whose problems require specially demanding educational care.
4. Individual and group work with primary school pupils, secondary school pupils and university students with difficulty in adapting, with personal, social and related problems, with risk behaviour and difficulties that negatively affect their education.
5. Individual and group career advice for primary and secondary school pupils and students of higher vocational schools.
6. In the case of problems which adversely affect the education of the child or pupil, guidance or guidance on the management of families with a child or pupil.
7. Consultancy and advisory services of legal representatives of pre-school children and pupils of primary and secondary schools receiving individual or group diagnostic and intervention care counselling.
8. Consultative consultation and recommendations to educational staff educating children and pupils who are given individual or group diagnostic and intervention care counselling (called intervention at school for pupils).
III. Information and methodological activity and preparation of documentation for educational measures and documentation:
1. Methodological management of teachers and parents in:
(a) the application of support measures in pupil education;
(b) education of pupils who are gifted and extremely gifted,
(c) development of communication, subsequently in the development of school skills and following the implementation of training programmes;
(d) individual programmes for the development of perception areas and motor skills, taking into account the individual needs of the pupil;
(e) support parent groups.
2. Methodological assistance in the development of preventive risk behavioural and participation programmes for the school. Coordination and methodological management of the work of educational advisors, school prevention methodologies in primary and secondary schools and other teaching staff of schools.
3. Preparation of the supporting documents:
(a) for the education of pupils with special educational needs, in particular for pupils with specific learning disabilities and primary and secondary school behaviour;
(b) for the classification of pupils referred to in Article 16 (9) of the Education Act, and in particular pupils with serious school and behavioural disorders, classes, departments and study groups with adapted education programmes for these pupils.
4. When preparing reports and recommendations in cases where a pupil is in the care of a specialist doctor or clinical psychologist, a school counselling establishment shall take into account the clinical diagnosis and treatment measures of a specialist doctor or a clinical psychologist who provides such care to the pupil if such evidence is transmitted by the legal representative or the pupil to the educational advisory establishment.
5. Processing of reports and recommendations in accordance with the Privacy Act.
6. If a pupil's clinical diagnosis is suspected by a school counselling institution, he shall recommend a medical examination by the health service provider in the relevant field.
7. Providing professional consultation to educational staff:
(a) in the field of childcare of pre-school age, primary school pupils, secondary school pupils and students of higher education whose school education requires particular attention;
(b) the provision of professional consultation to primary and secondary school teachers in connection with the training of pupils with special educational needs, the development of recommendations for education and the implementation of individual training plans for such pupils.
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Regulation Information
| Citation | Decree No. 197 / 2016 Coll., amending Decree No. 72 / 2005 Coll., on the provision of advisory services in schools and educational institutions, as amended, and certain other regulations |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.06.2016 |
|---|---|
| Effective from | 01.09.2016 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Education, Education, Education
Administrative law
The regulation text is for informational purposes only.
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