Decree No. 251 / 1996 Coll.
Decree of the Ministry of Education, Youth and Sports amending and supplementing the Decree of the Ministry of Education, Youth and Sports of the Czech Republic No. 187 / 1991 Coll., on the drawing up of bankruptcy committees and the rules of their activities for bankruptcy proceedings for selected functions in the field of education
Valid
Order
Effective from 25.09.1996
Text versions:
25.09.1996
251
DECLARATION
Ministry of Education, Youth and Sports
of 30 August 1996
amending and supplementing the Decree of the Ministry of Education, Youth and Sports of the Czech Republic No. 187 / 1991 Coll., on the drawing up of bankruptcy committees and the rules of their activities for bankruptcy proceedings for selected functions in the field of education
The Ministry of Education, Youth and Sports provides according to § 13 (b) of the Czech National Council Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education:
The Decree of the Ministry of Education, Youth and Sports of the Czech Republic No. 187 / 1991 Coll., on the drawing up of bankruptcy commissions and the rules of their activities for bankruptcy proceedings for selected functions in the field of education is amended as follows:
1. Paragraph 1 shall be deleted.
(2) Paragraph 2, including the title and notes 1) to 9, reads as follows:
Composition and composition of commissions
(1) The Competition Commission (hereinafter referred to as "the Commission") shall be established and its members, including the President, shall be appointed by the person entitled to appoint the persons to whom the bankruptcy is to be declared (hereinafter referred to as "the nominee"), who shall, at the latest 30 days before the bankruptcy is carried out, make publicly available:
(a) the name of the function and the school or school establishment or pre-school establishment where the function is to be performed;
(b) the qualification conditions laid down by specific rules;
(c) the name and address of the applicant to whom applications are submitted,
(d) the particulars of the application and the date of its submission.
(2) They are appointed for members of the Commission in the event of bankruptcy as Central School Inspector
- three heads of staff of the Ministry, of which one representative for the education sector in the education system, (2) for the economic and administrative or control sector,
- three experts appointed by the Ministry, one in the field of school inspection, one in the field of state administration and self-government in education and one in education within the education system.3)
(3) The members of the Committee shall be appointed in the event of bankruptcy as Director of the School Office.
- one representative of the Ministry,
- one representative of the District Office,
- one representative of the district school board,
- two experts in public administration in education,
- one psychologist.
(4) The members of the Commission shall be appointed in the event of bankruptcy of the school director set up by the school authority (4) and of the director of the primary school set up by the municipality (5).
(a) if the school board is not established
- one representative of the School Office,
- one school inspector of the Czech School Inspectorate,
- two experts in public administration in education, organisation and management by type and type of school,
- one representative from the school's teaching staff,
- one representative of the municipality;
(b) if the school board is established
- one representative of the School Office,
- one school inspector of the Czech School Inspectorate,
- one expert in public administration in education, organisation and management by type and type of school,
- one representative of the municipality,
- one member of the school board from legal representatives of minor pupils (hereinafter referred to as the "legal representative") 6) and adult pupils,
- one member of the school board from the school's teaching staff. 6)
(5) They are appointed for members of the Commission in the event of bankruptcy of the school director and of the school education7) set up by the Ministry: 8)
(a) if the school board is not established
- one representative of the Ministry or of the competent school office,
- one school inspector of the Czech School Inspectorate,
- two experts in public administration in education, organisation and management by type and type of school or educational establishment,
- one representative from the school's teaching staff,
- one representative of the municipality;
(b) if the school board is established
- one representative of the Ministry or of the competent school office,
- one school inspector of the Czech School Inspectorate,
- one expert in public administration in education, organisation and management by type and type of school or educational establishment,
- one representative of the municipality,
- one member of the Council of the School of Legal Representatives (6) and adult pupils,
- one member of the school board from the school's teaching staff. 6)
(6) They are appointed for members of the Commission in the event of bankruptcy as head of a school established by the municipality with the consent of the Ministry: 9)
(a) if the school board is not established
- two representatives of the municipality which is the founder of the school,
- one school inspector of the Czech School Inspectorate,
- two experts in public administration in education, organisation and management by type and type of school,
- one representative from the school's teaching staff;
(b) if the school board is established
- two representatives of the municipality which is the founder of the school,
- one school inspector of the Czech School Inspectorate,
- one expert in public administration in education, organisation and management by type and type of school,
- one member of the Council of the School of Legal Representatives (6) and adult pupils,
- one member of the school board from the school's teaching staff. 6)
(7) They are appointed for members of the Commission in the event of bankruptcy as school inspector
- two school inspectors of the Czech School Inspectorate,
- two representatives of the Ministry,
- one school inspection expert,
- one expert in public administration in education.
(8) In the event of bankruptcy of a school director or a school establishment, in the absence of cases referred to in paragraphs 4 to 6, the applicant shall appoint six persons at his discretion.
(9) The applicant may invite other experts who are not members of the commission referred to in paragraph 1 to act if necessary. The declarant shall designate from among his staff the Secretary of the Commission, who shall organise and administer the meetings of the Commission. The Secretary is not a member of the committee.
1) For example, Act No. 451 / 1991 Coll., laying down certain other conditions for the performance of certain functions in the state bodies and organisations of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic, as amended by the Constitutional Court Act No. 116 / 1992 Coll. and Act No. 254 / 1995 Coll., Decree No. 251 / 1992 Coll., on the pay ratios of employees of budgetary and certain other organisations, as amended by Decree No. 76 / 1994 Coll., Decree No. 141 / 1995 Coll. and Decree No. 70 / 1996 Coll., Decree of the Ministry of Education No. 59 / 1985 Coll., on the professional and pedagogical competence of teaching staff and the determination of educational establishments in which they have the teaching staff of teachers.
2) Paragraph 1 (1) of Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended by Act No. 171 / 1990 Coll. and Act No. 138 / 1995 Coll.
3) Paragraph 1 (1) of Act No. 29 / 1984 Coll.
4) Paragraph 6 (1) of Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended by Act No. 139 / 1995 Coll.
5) Paragraph 14 (2) of Act No. 564 / 1990 Coll., as amended by Act No. 139 / 1995 Coll.
6) Article 17c of Act No. 564 / 1990 Coll., as amended by Act No. 139 / 1995 Coll.
7) Act No. 76 / 1978 Coll., on school establishments, as amended.
8) Paragraph 12 (3) (a) to (f) of the ČNR Act No. 564 / 1990 Coll., as amended by Act No. 139 / 1995 Coll.
9) Paragraph 14 (6) of Act No. 564 / 1990 Coll., as amended by Act No. 139 / 1995 Coll. '
3.
Activities of the Commission
(1) The Commission shall start its activities without undue delay upon submission of applications pursuant to Article 2 (1) (d).
(2) The Commission will assess whether the applications comply with the requirements set out in Article 2 (1) (b) and (d) and propose to the applicant the exclusion of inappropriate tenderers.
(3) The Commission shall send invitations to the bankruptcy no later than 14 days before the date of the bankruptcy, indicating the place, hour and date of the bankruptcy.
(4) The Commission shall inform the public, at the latest seven days before the bankruptcy, of the date and place of the bankruptcy, the list of the participants referred to in paragraph 3 and the names of the members of the Commission accordingly.
(5) In bankruptcy, the committee assesses the suitability of participants to perform their duties on the basis of applications and the results of a controlled interview lasting at least 15 minutes and not more than 60 minutes.
(6) The Commission is in a position to act if at least two thirds of the members of the Commission, including the President, are present.
(7) At the end of the conducted talks, members of the Commission may request expert advice from experts invited under Article 2 (9). The panel shall then decide that either no participant is suitable for appointment or shall determine the ranking of the participants in accordance with paragraphs 8 and 9.
(8) Each member of the commission shall vote by setting separately the order of the participants who have complied with the terms of the bankruptcy, the same location being unable to assign more than one to the other, and from the first to the last, he may not omit any location. The order of the participants shall be forwarded by the members of the Commission to the President.
(9) On the basis of the order transmitted by the members of the Commission pursuant to paragraph 8, the chairman shall determine the final order of the participants by becoming the first participant referred to in (a) or (b) as follows:
(a) where the differences between the seats of each of the participants in the evaluation of the individual members of the Commission differ by a maximum of two places, the first participant shall become the lowest total of the seats. With regard to the equality of the sum of the positions of several participants, the President shall calculate the new sum of the positions of those participants in such a way that each of them does not count one of its worst positions. The first becomes the participant with the lowest new total location,
(b) where the difference between the placing of one of the participants in the evaluation of each of the members of the commission is more than two places, the first participant shall become the lowest sum of the positions in which the worst position of each of the participants is not counted. With equal sum of multiple participants, the first one becomes the one whose uncounted location is the best.
Where the conditions for determining the final order referred to in (a) or (b) are met by more than one participant, all those participants shall be listed in the final order in the first place in the alphabetical order of their surnames. The order shall be drawn up by the President in accordance with the procedure laid down in the Annex.
(10) On the same day, after the examination of the bankruptcy, the President of the Commission shall, in the presence of the members of the Commission, notify the participants present of the result of the bankruptcy, and shall notify the absent participants in writing of the result of the bankruptcy. The result of the Commission's bankruptcy does not justify the participants. The evaluation of participants shall not be communicated by individual members of the Commission.
(11) The Secretary of the Commission shall record the conduct of the bankruptcy, which shall include:
(a) the full text of the bankruptcy notice;
(b) the date and manner of the bankruptcy,
(c) the list of members of the committee present at the bankruptcy;
(d) the list of participants in the bankruptcy;
(e) the ranking of participants with each member of the Commission;
(f) proof of the overall ranking of participants or of the opinion that no participant has been recommended by the Panel.
(12) The President shall forward to the declarant the minutes signed by all members of the Commission who were present at the bankruptcy no later than seven days after the end of the bankruptcy. '
4. Section 5 is deleted.
Transitional provision
The competitive procedure announced prior to the entry into force of this Order shall be completed in accordance with the existing rules.
This decree shall take effect on the day of its publication.
Minister:
Ing. Pilip v. r.
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Regulation Information
| Citation | Decree of the Ministry of Education, Youth and Sports No. 251 / 1996 Coll., amending and supplementing the Decree of the Ministry of Education, Youth and Sports of the Czech Republic No. 187 / 1991 Coll., on the drawing up of bankruptcy committees and the rules of their activities for bankruptcy proceedings for selected functions in the field of education |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.09.1996 |
|---|---|
| Effective from | 25.09.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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