Decree No. 27 / 2016 Coll.
Decree on the education of pupils with special educational needs and teachers
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Effective from 01.09.2016
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27
DECLARATION
of 21 January 2016
on the training of pupils with special educational needs and gifted
The Ministry of Education, Youth and Sports provides, pursuant to Sections 19, 23 (3) and 26 (4) of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended by Act No. 383 / 2005 Coll., Act No. 49 / 2009 Coll. and Act No. 82 / 2015 Coll., ("the Act '):
INTRODUCTORY PROVISIONS
(1) This Decree regulates the rules governing the education of children, pupils and students (hereinafter referred to as "pupils') with special educational needs, the education of pupils referred to in Section 16 (9) of the Act and the education of pupils of the gifted.
(2) The procedures laid down in this Decree shall take account of any observations made by the pupil on matters relating to his or her education in the light of his or her age and degree of development; on these matters, sufficient and exhaustive information is provided to the pupil to form an opinion. The procedures provided for in this decree shall ensure that they are consistent with the interests of the pupil. All communications covered by this decree shall be provided to the pupil or to the legal representative of the pupil in an understandable manner.
EDUCATION OF REQUESTS WITH SPECIFIC EDUCATION FUNDS
GENERAL PROVISIONS
Support measures
(1) First-degree support measures represent a minimum adjustment of the methods, organisation and evaluation of education and are provided to a pupil showing the need for adjustments in education or education services and participation in the collective. First-degree support measures do not have a standard financial intensity.
(2) In order to meet the educational needs of the pupil, if the provision of first-degree support measures would not be sufficient, the school or educational establishment (hereinafter referred to as "the school ') shall recommend to the pupil the use of advisory assistance to the educational institution to assess its specific educational needs.
(3) Support measures of the second to fifth degree shall be provided on the basis of a recommendation from the educational institution and with the informed consent of the adult pupil or legal representative of the pupil.
(4) Support measures shall be provided separately or in combinations of different types and degrees in accordance with the specific educational needs of the pupil. A specific type of support measure may only be granted at one stage.
(5) The breakdown of specific support measures up to degrees, the rules on their application and the standard financial intensity of second to fifth-degree support measures are set out in Annex 1 to this Decree.
SPECIFIC PROVISIONS ON CERTAIN SUPPORT MEASURES
Individual curriculum of the pupil with special educational needs
(1) The individual curriculum is prepared by the school, if special educational needs are required. The individual training plan shall be drawn up on the basis of a recommendation from the educational institution. In general, the individual training plan of the educational institution is not recommended if all the information relevant to the education of the pupil is included in the recommendation under § 15.
(2) The individual training plan is a binding document to ensure the special educational needs of the pupil, based on the school curriculum and included in the student's documentation in the school matrix.
(3) The individual training plan contains data on the composition of the species and degrees of support measures provided in combination with this plan, the student identification data and the teaching staff involved in the training of the pupil. In particular, information on:
(a) adjustments to the student's education content;
(b) the timing and content of the training;
(c) adjustments to the teaching methods and forms and evaluation of the pupil;
(d) any adjustment to the student's expected output.
(4) The individual training plan also contains the name of the pedagogical staff of the educational institution with which the school cooperates to provide special educational needs for the pupil. The model of the individual training plan is set out in Annex 2 to this Decree.
(5) The individual training plan is drawn up without undue delay, but no later than 1 month after the date on which the school received the recommendation and request of an adult pupil or legal representative of a pupil. The individual curriculum may be supplemented and adapted throughout the school year according to the needs of the pupil.
(6) The development and implementation of the individual training plan is provided by the school. The individual training plan shall be prepared in cooperation with the educational institution, the pupil and the legal representative of the pupil, unless the pupil is of age.
(1) The school will acquaint itself with the individual curriculum of all teaching pupils and, at the same time, of the pupil and of the legal representative of the pupil, unless the pupil is of age who confirms this by his signature. The provision of training according to the individual training plan may only be based on the written informed consent of the adult pupil or legal representative of the pupil in accordance with § 16 (1).
(2) The school advisory establishment shall, in cooperation with the school, monitor and evaluate at least once a year the implementation of the individual curriculum and provide guidance to the pupil, the legal representative of the pupil and the school. In the event of failure to comply with the measures provided for in the individual training plan, the school director shall be informed thereof.
(3) The provisions relating to the processing, familiarity, provision of training according to the individual training plan shall apply mutatis mutandis to changes in the individual training plan and to the evaluation of its fulfilment.
Pedagogical intervention
(1) In particular, pedagogical intervention serves to promote the education of a pupil with special educational needs in teaching subjects, where his education needs to be strengthened, to compensate for lack of home training for teaching and to develop the teaching style of a pupil.
(2) The pedagogical intervention is provided by primary school, school satellite, school club or secondary school.
(3) Pedagogical intervention is granted as a first-degree support measure.
(4) The pedagogical intervention is used simultaneously by several pupils, if possible and appropriate.
Assistant pedagogy
(1) The teaching assistant provides support to another pedagogical worker in the training of pupils with special educational needs in the scope of the support measure. The teaching assistant assists another pedagogical worker in the organisation and implementation of education, promotes the independence and active involvement of the pupil in all activities undertaken at the school in the framework of education, including the provision of school services.
(2) The assistant educator shall work with, and in cooperation with, class, department or study group as required, according to the instructions of another teacher.
(3) An assistant educator whose activities are provided for in Section 20 (1) of the Education Workers Act provides in particular:
(a) direct pedagogical activity in education and education, in accordance with the specific procedures and instructions of the teacher or educator, aimed at individual support for pupils and work related to such direct pedagogical activity;
(b) supporting the pupil in achieving the educational objectives of teaching and in preparing for teaching, the pupil being led to the highest possible degree of autonomy;
(c) educational work aimed at the creation of basic work, hygiene and other habits and other activities linked to the training of social competences.
(4) An assistant educator whose activities are provided for in Section 20 (2) of the Education Workers Act provides in particular:
(a) auxiliary educational work aimed at supporting the pedagogy, particularly in the work of a group of pupils with special educational needs;
(b) auxiliary organisational activities in the training of a group of pupils with special educational needs;
(c) assistance in adapting pupils with special educational needs to the school environment;
(d) assistance in communication with pupils, legal representatives of pupils and the community of origin;
(e) the necessary assistance to pupils in self-service and movement during teaching and in events organised by a school outside the place where the school carries out education or education services in accordance with the register;
(f) auxiliary educational work linked to training of the social competences of pupils with special educational needs.
(5) One pupil cannot be recommended at the same time by more than one support measure consisting of the use of an assistant educator. To this end, the assistant educator referred to in paragraph 3 may also provide the activities referred to in paragraph 4.
Provision of support by a psychologist or special educator
If a support measure consisting of the use of a psychologist or a special educator cannot be provided under Section 16 (11) of the Act and if the support of a pupil is necessary by a psychologist or a special educator, the educational institution shall indicate in the recommendation the weekly number of hours of direct support by a psychologist or a special educator. The number of hours referred to in the first sentence may not be higher than that corresponding to the standard financial performance of a support measure consisting of the use of a psychologist or a special educator.
Providing support measures for a pupil using a communication system other than speech
(1) For a pupil who needs to use a communication system other than spoken language in education, the school provides education in a communication system that meets its needs, preferably in the one whose use the pupil prefers.
(2) Teachers who are educated in the Czech sign language are provided by the school in the Czech language; the methods used to teach the Czech language as a foreign language are used in its teaching.
(3) Outputs from teaching subjects are determined in Czech and Czech.
Interpreter of Czech Sign Language
(1) If the pupil prefers the Czech sign language when communicating and is educated in a school, class or study group, where the Czech sign language is not the communication system of all participants in the education process, the school provides him with education using the interpreter of the Czech sign language.
(2) The interpreter shall perform a precise translation of the content of the communication between the communication participants in a form which is clear and understandable to all participants and in the communication system chosen by the pupil.
(3) The interpreter is used throughout the period of provision of education, if this is in order to meet the educational needs of the pupil.
(4) If the pupil makes use of more than one means of communication, the educational institution shall determine the extent of the interpreter's exposure to the provision of education in order to meet the educational needs of the pupil and the communication system which the pupil favours.
(5) The interpreter's activities may be used simultaneously by several pupils, if possible and appropriate.
(6) The work of the interpreter shall be used in education and in events organised by the school outside the place where the school carries out education or education services in accordance with the register.
A transcription for the deaf
(1) If the pupil prefers to speak the Czech language with a support in the written text and is educated in a school, classroom or study group where the spoken Czech language with a support in the written text is not the communication system of all participants in the educational process, the school provides him with education using a transcription for deaf people.
(2) In the course of education, the transcribe converts the spoken language into real-time writing.
(3) The activities of the transcriber may be used simultaneously by several pupils, if possible and appropriate.
Activities of other beneficiaries
The role of other persons who provide support under other legislation, in particular a personal assistant, to a pupil with special educational needs during his or her stay at the school, shall be provided on the basis of the opinion of the educational institution.
PROCEDURE FOR THE PROVISION OF SUPPORT MEASURES
Details of the school support measures
(1) The provision of first-degree support measures is continuously evaluated by the school. No later than 3 months after the start of the support measures, the school shall assess whether the support measures lead to the objectives set. If this is not the case, the school shall recommend the use of advisory assistance to the educational institution to an adult student or legal representative. Until the start of the second to fifth-degree support measures following the recommendation of the educational institution, the school shall provide first-degree support measures.
(2) The school may draw up a pedagogical support plan, which includes, in particular, a description of the student's difficulties and special training needs, first-degree support measures, the setting of the objectives of the support and the evaluation of the implementation of the plan, in particular where it is not sufficient to take into account the individual training needs of the pupil in the training for the provision of first-degree support measures.
Procedure before granting second to fifth-degree support measures
(1) The school director will appoint a teaching staff member at the school who will be responsible for the cooperation with the educational institution in the context of recommending support measures to a pupil with special educational needs.
(2) The student or his legal representative may also benefit from the advisory assistance of the educational institution at his discretion or at the discretion of a public authority under another legislation.
(3) In assessing the special educational needs of the pupil, the teaching institution is based on:
(a) the nature of the student's difficulties affecting his education;
(b) special pedagogical, possibly psychological, diagnostics to assess the special educational needs of the pupil;
(c) information on the current course of education of the pupil at the school, in particular the information given in the school matrix;
(d) the school's information on first-degree support measures provided to the pupil;
(e) details of the pupil's cooperation with the educational institution,
(f) information provided by the pupil or legal representative of the pupil;
(g) the conditions of the school in which the pupil is or will be educated; and
(h) an assessment of the health status of the health service provider or an assessment of the essential facts to determine the support measures by another expert, if necessary.
(4) In assessing the special educational needs, the pupil takes into account the current state of health.
(5) In the case of a support measure consisting of the use of compensation aids, special textbooks and special teaching aids, the school guidance institution shall recommend preferably those which the school already has if the purpose of the support measure is fulfilled.
(1) In order to recommend specific support measures, the educational institution also ascertains the possibility of using the personnel and material conditions of the school created in connection with providing support measures to other school pupils. In this examination, the school provides the school institution with synergies.
(2) In order to substantiate the supporting documents referred to in Article 11 (3), a school-based advisory establishment may invite a school, an adult pupil or a legal representative of a pupil.
(3) Before issuing a recommendation, a school guidance institution will discuss a proposal for recommended support measures with the school, an adult pupil or a legal representative of the pupil, and will take their comments into account if they are informed of the student's educational needs. A proposal for support measures in the field of school services shall be discussed with the school establishment.
(4) If the legal representative does not provide the pupil with synergies aimed at granting support measures which are in the best interest of the pupil, the school and the school counselling establishment shall proceed according to another legislation2).
Report and recommendations for the establishment of support measures
(1) A report containing the conclusions of examinations and recommendations containing support measures for education shall be issued by the pupil to the educational institution on the basis of an assessment of the specific training needs.
(2) When issuing the report and recommendations, an adult pupil or legal representative of the pupil shall be informed of their content and informed of the possibility of applying for revision under Section 16b of the Act.
(3) The report and recommendations are issued within 30 days of the end of the pupil's assessment of the special educational needs, but no later than 3 months from the date of receipt of the request for advisory assistance by the educational institution; that period is extended by the time necessary to obtain an assessment of the essential facts for the determination of the support measures by another expert.
Report
(1) The report issued for the purpose of the recommendation of support measures for the training of pupils with special educational needs contains:
(a) the identification details of the pupil and of the educational institution;
(b) the date of receipt of the request for advisory assistance;
(c) the reason for providing advisory assistance;
(d) the student's anamnistic data;
(e) a description of the difficulties;
(f) the course of the current consultation;
(g) information on the supporting documents underlying the educational establishment in its conclusions;
(h) summaries of the course and results of the tests;
i) a description of the student's special educational needs;
(j) facts relevant to the recommendation of the support measures;
k) information on the possibility of submitting a request for revision of the report under Article 16b of the Act;
(l) the identification details of the staff member of the educational institution responsible for carrying out the examination and processing of the report; and
(m) the date on which the report is drawn up.
(2) The model of the report is set out in Annex 4 to this Decree.
Recommendations
(1) The recommendation shall be drawn up for the purpose of establishing support measures for the training of pupils with special educational needs. In particular, when making recommendations, the educational advisory establishment shall be based on the conclusions of the examinations referred to in the report and, where appropriate, on an assessment of the essential facts to determine the support measures by another expert. The results of the examination and assessment referred to in the second sentence shall, as a general rule, not be more than 6 months old on the day on which the application for advisory assistance is submitted.
(2) The recommendation issued for the purpose of establishing support measures for the training of pupils with special educational needs shall include:
(a) identification details of the pupil, school and school advisory establishment;
(b) the date of receipt of the request for advisory assistance;
(c) a summary of the conclusions of the examinations;
(d) a description of the student's special educational needs;
(e) information on the potential disadvantage of the pupil referred to in Article 16 (9) of the Act;
(f) recommended support measures and their degree, including where appropriate combinations and variants of support measures;
(g) a proposal for a procedure for providing support measures;
(h) instruction on the possibility of submitting a request for revision of a recommendation under Article 16b of the Act;
(i) the identification of the staff member of the educational advisory establishment who provided the advisory service and processed the recommendations;
(j) the date of drawing up the recommendation; and
(k) the signature of the head of the establishment of the educational institution; where the recommendation is sent through a data box, the signature of the head of the school guidance establishment's establishment shall not be required.
(3) In the recommendation, the educational advisory establishment shall specify the period during which the provision of the support measure is necessary. that period shall not exceed 2 years and, where justified, up to 4 years may be fixed. The deadline for the reassessment of special educational needs shall be included in the report and recommendations of the educational institution.
(4) For the education of a pupil, only 1 recommendation can be issued during the period. A new recommendation may be issued by the educational institution before the expiry of the period referred to in paragraph 3, § 20 (2) or § 22 (1) only if there is a change in the educational needs of the pupil or the need for a change in the recommended support measure. The first sentence shall not apply where, in view of the different types of handicap of the pupil referred to in Article 16 (9) of the Act, the provision of recommendations by different educational institutions with regard to their specificities or the simultaneous provision of education or educational services in several schools is necessary.
(5) The model of the recommendation is set out in Annex 5 to this Decree.
Procedure for granting second to fifth-degree support measures
(1) The school's support measures shall be provided without delay upon receipt of the recommendation of the educational institution and after the formal informed consent to the provision of the school or school establishment by an adult or legal representative.
(2) The informed consent referred to in paragraph 1 shall include:
(a) express express agreement to provide support measures;
(b) information on the consequences resulting from the provision of support measures, in particular on changes in training related to the provision of support measures;
(c) information on organisational changes that may arise in relation to the provision of support measures; and
(d) the signature of the aged pupil or legal representative of the pupil confirming that he understood the information referred to in (b) and (c).
(3) If, for serious reasons, it is not possible to ensure the immediate provision of the recommended support measure, the school shall, after consulting the educational institution and on the basis of the informed consent of the adult or legal representative of the pupil, provide another similar support measure of the same degree for a period of time as is strictly necessary. If the recommended support measure is not provided within 4 months of the date of issue of the recommendation, the school shall discuss this with the educational institution.
(4) The school, in cooperation with the educational institution, the pupil and the legal representative of the pupil, continuously evaluates the provision of support measures. The training centre shall evaluate the provision of support measures within a time limit appropriate to the nature of the specific training needs and the duration of the recommendations; no later than 1 year after the recommendation is issued, the provision of support measures in the form of the use of a teacher's assistant, another pedagogical worker, an interpreter of the Czech sign language, a transcribe for deaf persons or the possibility of having the pupils present support under other legislation while at school. In case of an evaluation of an individual training plan, Paragraph 4 (2) shall apply. In case of evaluation of recommendations for the use of a teacher's assistant, an interpreter of the Czech sign language or a transcribe for deaf school guidance facilities, they will always assess whether the range of hours of the recommended support measure corresponds to the needs of the pupil.
(5) If the school finds that the support measures are insufficient or do not lead to the fulfilment of the student's educational opportunities and needs, it shall recommend without delay to the adult pupil or legal representative the use of advisory assistance to the educational institution. Similarly, if they find that the support measures provided are no longer necessary, the school shall also proceed.
(6) If the educational institution finds that the support measures are insufficient or do not lead to the student's training opportunities and needs, it shall issue recommendations setting out other support measures, where appropriate, the same higher level support measures. This shall not affect the obligation of prior informed consent under paragraph 1.
ORGANISATION OF EDUCATION OF REQUESTS WITH SUBSIDIARY SUPPORT
Organisation of pupil education with granted support measures
(1) In class, department or study group, a maximum of five pupils with special educational needs with second to fifth degree support measures may normally be trained, taking into account the composition of these support measures and the nature of the special educational needs of pupils.
(2) The number of pupils with special educational needs with second to fifth degree support measures granted may not exceed one third of pupils in a class, department or study group.
(3) In classes, departments and study groups which are not set up under Section 16 (9) of the Act, and in classes, departments and study groups of schools which are not set up under Section 16 (9) of the Act, no more than 3 pedagogic staff may perform direct teaching activities simultaneously.
(4) The limitation provided for in paragraphs 1 and 2 shall not apply to a parent and primary school which, in its performance, prevents the performance of a priority child under Section 34 (3) of the Act or a pupil under Section 36 (7) of the Law. The restrictions referred to in paragraphs 1 and 2 shall no longer apply to secondary school, conservatory or higher vocational school.
(5) In a class, department or study group which is not set up under Section 16 (9) of the Act, a maximum of 4 pupils referred to in Section 16 (9) of the Act may be educated, taking into account the extent of the special educational needs of pupils. The first sentence does not apply to a school which, in its performance, prevents the performance of a priority child under Section 34 (3) of the Act or a pupil under Section 36 (7) of the Act, and to a secondary school, conservatory or higher vocational school.
SPECIFIC PROVISIONS ON THE EDUCATION OF REQUESTS REFERRED TO IN ARTICLE 16 (1) 9 LAW
Education rules for pupils referred to in Section 16 (9) of the Act
(1) If the educational institution finds that, in view of the nature of the special educational needs of the pupil or of the progress and results of the provision of support measures to date, the support measures themselves at the school, class, department or study group which is not established under Article 16 (9) of the Act would not be sufficient to fulfil the teaching possibilities of the pupil and to exercise his right to education, the educational institution would recommend the inclusion of the pupil in the school, class, department or study group established under Article 16 (9) of the Act.
(2) Classes, divisions and study groups are established according to the type of handicap referred to in Section 16 (9) of the Act; in justified cases, pupils with other handicaps referred to in Article 16 (9) of the Act may also be trained in them, with their number not exceeding one quarter of the maximum number of pupils in the class, department or study group provided for in Article 25.
(3) In the class of nursery or secondary school, the Conservatory Department or the upper vocational school study group, pupils with different handicaps referred to in Section 16 (9) of the Act may be educated without limitation in accordance with paragraph 2.
(4) In a school, class, department or study group established under Section 16 (9) of the Act for pupils with mental disabilities, pupils without mental disabilities are not educated.
Classification of pupils in a school, class, department or study group set up under Article 16 (9) of the Law
(1) A pupil may be educated in a school, class, department or study group set up under Section 16 (9) of the Act only on the basis of a written request from an adult student or legal representative of a pupil and a recommendation from a school guidance institution, if this is in accordance with the interests of the pupil.
(2) Paragraphs 11 (2) to (4), 12, 13 and 15 shall apply mutatis mutandis to the recommendation referred to in paragraph 1 and to the procedure of the educational institution when it is issued. This Recommendation shall be valid for a period specified therein, up to a maximum of 2 years, and, where justified, up to 4 years may be established. In the case of a recommendation for the inclusion of a pupil in a school or a classroom for pupils with mild mental illness, the first recommendation shall be valid for a maximum of 1 year and a maximum of 2 years.
(3) The recommendation also contains a justification for the clear reasons for the recommendations of education at school, class, department or study group set up under Section 16 (9) of the Act and the fulfilment of the conditions laid down in Section 16 (9) of the Act.
(1) When applying under Paragraph 20 (1), but no later than 7 days from the date on which the adult pupil or legal representative of the pupil shows an interest in this type of education, the school shall inform the adult pupil or legal representative of the pupil of:
(a) organisation of training, differences in comparison with existing training and related organisational changes;
(b) the structure of the school curriculum and the composition of the subjects, including those specifically provided for in education;
(c) the possibility for the school to ensure the provision of support measures recommended for the education of pupils;
(d) the effects of education in a school, class, department or study group set up under Section 16 (9) of the Act on the possibility of developing the educational potential of a pupil; and
(e) opportunities for continuing education and professional application.
(2) The Annex to the application referred to in paragraph 1 shall be:
(a) a written copy of the instruction containing the information referred to in paragraph 1 and the signature of the aged pupil or legal representative of the pupil confirming that he understood that information; and
(b) the recommendation of a school guidance institution for school education set up under Article 16 (9) of the Act.
Transferring a pupil to a primary school curriculum special
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Regulation Information
| Citation | Decree No. 27 / 2016 Coll., on the education of pupils with special educational needs and teachers |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.01.2016 |
|---|---|
| Effective from | 01.09.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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