Act No. 284 / 2002 Coll.
Act amending Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended, and some other laws
Valid
Law
Effective from 28.06.2002
284
THE LAW
of 31 May 2002
amending Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended by Act No. 190 / 1993 Coll., Act No. 256 / 1994 Coll., Act No. 139 / 1995 Coll., Act No. 132 / 2000 Coll., Act No. 258 / 2000 Coll. and Act No. 3 / 2002 Coll., is amended as follows:
1. in Article 1 (1) (b) and (c):
"(b) municipal authorities with extended scope,
(c) the regional authorities, ';
2. in Article 3 (2) (e), the words "higher vocational schools" shall be inserted after the words "for admission to study in."
3. In Paragraph 3 (2), at the end of point (l), the dot is replaced by a comma and the following point (m) is added:
"(m) recognition of prior education."
4.
Municipal office of the municipality with extended scope
Municipal office of the municipality with extended scope
(a) it shall draw up a draft budget within the scope of Article 8 (2) for schools and educational establishments within the scope of its competence established under Article 14 (2) and (6) and transmit it to the Regional Office;
(b) it shall process and submit to the Regional Office an analysis of the management of schools and educational establishments within its area of competence established under Article 14 (2) and (6) in accordance with the mandatory curriculum and binding procedure established by the Ministry pursuant to Article 12 (5);
(c) prepare the documents for the settlement of State budget funds provided by the Regional Office in accordance with Article 8 (3) in accordance with a binding procedure and under common instructions from the Ministry and the Ministry of Finance for the settlement of State budget funds and transmit the results of the settlement to the Regional Office;
(d) provide supporting documents for the summarization of the accounts and accounting and financial statements for schools and educational establishments established in its area of competence pursuant to Article 14 (2) and (6) for the Regional Office in accordance with a binding procedure established by the Ministry of Finance;
(e) collect and process data from documentation and records for schools and educational establishments established within its area of competence pursuant to Article 14 (2) and (6) within the deadlines set by the Ministry and transmit them to the Regional Office and the Ministry, or to the organisation entrusted to it, as appropriate. "
5. In Article 5, the heading "Authority of the Region of Delegated Jurisdiction 'is replaced by the heading" Regional Authority'.
6. In Article 5, the second sentence is deleted and replaced by the text "The Head of the Municipal Office of the Municipality with extended responsibility for the performance of the administration in the field of education, youth and sports in the administrative district of the Municipality is appointed and dismissed with the consent of the Regional Office. Appointment and appeal under the first and second sentences shall be invalid without prior consent of the Regional Authority. '
7. In Article 6 (1), the words "Delegated Authority 'are replaced by the words" Regional Authority'.
8. In the first sentence of Article 6 (1), "territorial 'is replaced by" administrative'.
9. In Article 7, the words "Authority of the Region of Delegated jurisdiction 'are replaced by the words" Regional Authority'.
10. in § 7 (h):
"(h) gives its consent to the appointment and withdrawal of directors of pre-school institutions, schools and school establishments established by the municipality;"
11. in Article 8 (1), the words "Authority of the Region of Delegated jurisdiction, unless otherwise provided for in this Law," shall be replaced by "Regional Authority."
12. in Article 8 (2), the words "Authority of the Region of Delegated Jurisdiction" are replaced by the words "Authority of the Region";
13. in Article 8 (2), the words "municipalities" shall be deleted;
14. in Article 8 (2), the words "with the exception of school recovery facilities," shall be inserted after the words "in separate scope."
15. Paragraph 8 (3) reads:
"(3) The Regional Office shall draw up and allocate, through the budgets of the municipalities, to pre-school, school and school establishments which serve them and which are included in the school network established and managed by the municipalities, funds for and control the use of expenditure within the scope of paragraph 2. The schedule shall be based on proposals submitted by the municipal authorities of the municipalities with extended competence in the region. The regional authority shall inform the competent municipal authorities with extended scope of the breakdown of funds according to the first sentence. '
16.
Regional Office
(a) it shall process and evaluate the analysis of the management of schools and school establishments under its responsibility in accordance with the compulsory curriculum and the procedure laid down by the Ministry;
(b) to settle the State Budget resources provided by the Regional Office to schools, preschool establishments and school establishments in accordance with common guidelines established by the Ministry of Finance and the Ministry and to transmit the results of the settlement to the Ministry;
(c) ensure that the accounts and accounting and financial statements of schools and educational establishments are summarized in accordance with the mandatory guidelines and the procedure laid down by the Ministry of Finance;
(d) collect and process data from documentation and records for schools and school establishments located in the relevant region, with the exception of schools established by the State, in the manner and within the deadlines laid down by the Ministry, and transmit them to the Ministry or, where appropriate, to the body entrusted with it. "
17. Paragraph 10 (1) is deleted and paragraph 2 is deleted.
18. In Section 10, the words "The Authority of the Region of the Region, unless otherwise provided for in this Act, 'are replaced by the words" the Regional Authority'.
19. in Article 11 (1) and (2), the words "Authority of the Region of Delegated jurisdiction, unless otherwise provided for in this Act," shall be replaced by the words "Regional Authority."
20. In Article 12 (5) (a), the word "allocated" shall be replaced by the words "allocated and allocated" and the words "to churches or religious communities and included in the network of schools and educational establishments." shall be replaced by the words "registered churches or religious societies which have been granted special rights and which have been assigned to the network of schools and educational establishments."
21. in Article 12 (5) (l), the words "and district" shall be deleted;
22. in Article 12 (5), the dot at the end of point (l) is replaced by a comma and the following points (m) to (r) are added:
"(m) lays down binding principles whereby the draft budget is drawn up by the municipal authorities with extended scope,
n) provides for a binding procedure for the accounting of subsidies granted from the state budget under this Act to cover school and school expenditure not established by the State, the Region or the municipality for the school year;
(o) establish a binding schedule, procedure for drawing up and submitting the dates for the submission of analyses of schools' and school establishments' management, which are allocated from the state budget to cover their expenditure under this law;
(p) jointly with the Ministry of Finance provides for a binding procedure and issues binding instructions for the settlement of state budget funds to schools and educational establishments;
(r) establish a binding procedure and issue binding guidelines for the financial statements and the processing of the accounting and financial statements of schools and educational establishments; in their creation it is based on the Ministry of Finance's instructions. ';
23. in Paragraph 12 (5), the dot is replaced by a comma at the end of point (r) and the following point (s) is added:
"(s) decide on the recognition of education and professional practice for the pursuit of the profession of teaching staff.";
24. in Article 12 (6) (c):
"(c) a binding procedure and methodology for the transmission of data from the documentation and records of schools and school establishments, the form, dates and manner of transmission of data and data media intended for the transmission of data to the competent authority performing the administration in education and through it to the Ministry and, where appropriate, to the organisation entrusted to it.";
25. in Article 12, the following paragraph 7 is added:
"(7) The Ministry shall set up schools and educational establishments in accordance with paragraphs 3 and 4 as a contribution organisation by means of specific legislation. 2c) The Ministry shall determine, by decree, the terms and conditions for deciding on the establishment, division, merger, merger and cancellation of the contribution organisation.
2c) Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended. '
26. in Article 13a (2), the words "the authority of the Region of Delegated Jurisdiction" shall be replaced by the words "the Regional Authority."
27. in Article 13a (4), the words "and the amendments referred to in Article 13b (1) (i) and (p)" and the words "forward the application" shall be replaced by the words "forward the applications cumulatively."
28. in the first sentence of Article 13a (4), the words "the Delegated Authority" shall be replaced by the words "the Regional Authority."
29. in the second sentence of Article 13a (4), the words "Authority of the Region of Delegated Jurisdiction" shall be replaced by the words "Regional Authority."
30. in Article 13b (1) (h) and (p), the words "the Delegated Authority, unless otherwise provided for by this law" shall be replaced by the words "the Regional Authority" and the words "the Territorial Authority" shall be deleted;
31. in Article 13b (9), the words "except for the entries referred to in paragraph 1 (i) and (p)," shall be inserted after the words "in accordance with paragraph 1."
32. in Article 13c (5), the words "the authority of the Region of Delegated Jurisdiction, unless otherwise provided for in this Act," shall be replaced by "the Regional Office."
33.In Paragraph 14 (1), the last sentence is deleted.
34. In the first sentence of Article 14 (2), the words "as a contribution organisation 'shall be inserted after the words" The municipality establishes'.
35. in the first sentence of Article 14 (2), the words "counties in the delegation" shall be replaced by the words "Regional Office."
36. In the second sentence of Article 14 (2), the words "the authority of the Region of Delegated jurisdiction, unless otherwise provided for by this Act, 'are replaced by the words" the Regional Office'.
37. In Paragraph 14 (2), the following sentence is inserted after the second sentence: "However, the costs referred to in the previous sentence need not be borne by the municipality if it has established a school in which the student has the conditions for compulsory education."
38. in Paragraph 14, the following paragraph 5 is inserted after paragraph 4:
"(5) The municipality will receive a contribution from the state budget to cover the non-investment costs per pupil. '
Paragraphs 5 to 7 shall be renumbered paragraphs 6 to 8.
39. In Paragraph 14, paragraph 6, the words "as contributory organisations' shall be inserted after the words" set up '.
40. In Paragraph 14, paragraph 6, the words "the authority of the Region of Delegated jurisdiction 'are replaced by the words" the Regional Authority'.
41. In Paragraph 14 (6), the following sentence is added at the end: "The Director of pre-school institutions, schools and school establishments established under this paragraph shall be appointed and withdrawn by the council of the municipality with the agreement of the Regional Office. When appointed, it shall be based in particular on the results of the bankruptcy proceedings and the opinion of the school board, if any. If it fails to reach an agreement repeatedly between the founder and the Regional Office, it shall decide to appoint the Ministry. '.
42.Paragraph 14 (7) reads as follows:
"(7) The municipality appoints, on the basis of the results of the bankruptcy proceedings, the head of the pre-school institutions, schools and school establishments it establishes, with the prior agreement of the Regional Authority. Without the prior approval of the Regional Authority, the appointment and appeal shall be void. '
43. In Article 16, the words "as a contribution organisation 'are inserted after the words" Region under separate jurisdiction' and the words "with the consent of the Ministry 'are inserted after the words" a'.
44. In Paragraph 16, point (p) is replaced by the following:
"(r) other schools and educational establishments in accordance with the long-term objective of education and development of the educational system in their territorial area.";
45. the following Section 16a is inserted after Section 16:
The region is obliged to create conditions for the provision of education in special pre-school institutions, the conditions for compulsory education in special and special primary schools, the conditions for the provision of training in vocational schools, secondary vocational schools, secondary vocational schools, gymnasiums, conservators, higher vocational schools and school institutions serving them and the conditions for the care of children and youth with an ordered constitutional education in children's homes. '
46. in Paragraph 17 (3):
"(3) The Region shall, subject to the prior approval of the Ministry, appoint, on the basis of the results of the bankruptcy proceedings, the directors of the pre-school institutions, schools and school establishments which it establishes. Without the prior consent of the Ministry, the appointment and appeal shall be void. '
47. In Article 17c (2), the words "In the absence of schools set up by a central authority, by a local authority, by a local authority, by a local authority or by a state-registered church or a state-registered religious society," shall be replaced by the words "In the absence of schools established by a central authority, a county, a municipality or a registered church or a religious society entitled to exercise special rights,";
48. in Article 17e (3) (d):
"(d) a copy of the accounting statements for schools operating as a contribution organisation, if the founder is the Ministry or the Region, or a copy of the accounts of the grant granted to other bodies."
49. in the third sentence of Article 17f (1), the words "the Delegated Authority, unless otherwise provided for in this law" shall be replaced by the words "the counties included in the Regional Office."
50. In Article 18 (2), the words "inspection staff" shall be inserted after the words "ratio."
51. in Article 18 (3) (a), the words "and education" shall be inserted after the word "education."
52. In Paragraph 18 (3) (b), the words "and education" shall be inserted after the words "educational."
53.In Article 18 (3), point (c) is deleted.
54. in Paragraph 18 (4), the following footnote 8 is inserted after the word "control":
"8) Act No. 552 / 1991 Coll., on State Control, as amended."
55. In Article 18 (4), at the end of the period, the following shall be replaced by a comma and the following shall be added:
9) Act No. 320 / 2001 Coll., on financial control in public administration and amending certain laws (Act on Financial Control). '.
56. In Article 19 (1), the words "and inspection staff 'shall be inserted after the words" inspectors'.
57. In the second sentence of Article 19 (7), the words "the Delegated Authority, unless otherwise provided for in this Act 'are replaced by the words" the Regional Authority'.
58. In the second sentence of Paragraph 19b (2), the words "the Delegated Authority, unless otherwise provided for by this Act 'are replaced by the words" the Regional Authority'.
(59) In Article 19c (2), the words "the authority of the Region of Delegated jurisdiction, unless otherwise provided for by this law," shall be replaced by "the Regional Office."
60. In Section 22, the words "§ 12 (5) (s) 'are inserted after the words" § 7 (b) and (c)'.
Article 61 (22a) is deleted.
62. The following Section 23a is inserted after Section 23:
The scope laid down by the Regional Office or the Municipal Office of the Municipality with extended scope under this Act is the exercise of the delegation of the Region or the Municipality with extended scope. '
63. In Article 24 (3), at the end of the second sentence, the words "the authority of the Region of Delegated Jurisdiction 'are replaced by the words" the Regional Authority'.
64. In Article 24, the following paragraph 4 is added:
"(4) The municipality or region under separate jurisdiction which is the founder of a pre-school institution, a school or a school establishment which does not have legal personality and is not an organisational part of another pre-school establishment, a school or a school establishment which has legal personality shall ensure that the legal form is changed in accordance with Articles 14 (2), 14 (6) and 16 of this Law by 1 January 2003. '
65. In Article 24, the following paragraph 5 is added:
"(5) Church schools, church higher vocational schools, church preschool institutions and church educational establishments included in the network under the existing rules shall be considered to be included in the network under this law."
Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended by Act No. 188 / 1988 Coll., Act No. 171 / 1990 Coll., Act No. 522 / 1990 Coll., Act No. 134 / 1993 Coll., Act No. 190 / 1993 Coll., Act No. 331 / 1993 Coll., Law No. 49 / 1994 Coll., Act No. 256 / 1994 Coll., Act No. 138 / 1995 Coll., Act No. 306 / 1999 Coll., Act No. 19 / 2000 Coll., and Act No. 132 / 2000 Coll., is amended as follows:
1. In Article 2 (2), the words "the authority of the Region of Delegated Jurisdiction 'are replaced by the words" the Regional Authority'.
2. in Article 6 (3) and (5), the words "the Delegated Authority 'are replaced by the words" the Regional Authority';
3. Paragraph 19 (3) is deleted.
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
4. In Paragraph 20, the following paragraph 3 is inserted after paragraph 2:
"(3) The school director shall recognise the complete education achieved by the pupil if it is demonstrated in a verifiable manner. Partial education of the pupil may be recognised by the Director if it is demonstrated in a demonstrable way and no more than 10 years have elapsed since it was achieved. If a pupil's education is recognised, the school director may, at the written request of the pupil or his legal representative, release the pupil partly from participation in the teaching. If the pupil has been partially released from participation in the course, he / she shall not be evaluated from the subject. ';
Paragraph 3 shall become paragraph 4.
5. In Article 27a, the following paragraph 6 is added:
"(6) Paragraph 20 (1) to (3) shall apply mutatis mutandis to higher education. '
6. In the first sentence of Paragraph 27b (2), the words "the authority of the Region of Delegated Jurisdiction 'are replaced by the words" the Regional Office'.
7. In Paragraph 37 (1), the words "the Delegated Authority 'are replaced by the words" the Regional Authority'.
8. In Paragraph 37 (2), the words "Director of the Region Authority in the Delegated Authority 'are replaced by the words" Regional Authority'.
9. After Paragraph 37, the following Section 37a is inserted:
Compliance with compulsory education of children of persons with the nationality of a Member State of the European Union
(1) For children who are family members of a person with the nationality of a Member State of the European Union and who are resident in the territory of the Czech Republic, where such a person is engaged or has been engaged in a work activity in an employment relationship or self-employed activity, or who is studying in the territory of the Czech Republic, or who has acquired the right to reside in the territory of the Czech Republic for another reason, and for whom schooling is compulsory, the regional authority shall provide
a) free preparation for their inclusion in the primary school, including teaching the Czech language adapted to the needs of these children;
(b) free primary school education,
(c) as far as possible, in cooperation with the countries of origin of the child, support for the teaching of the mother tongue and culture of the country of origin, which will be coordinated with regular teaching at primary school.
(2) The Regional Office shall arrange for the training of pedagogical staff to undertake the training referred to in paragraph 1. ';
10. In Article 42 (2), the words "and higher vocational schools' shall be inserted after the words" secondary schools'.
11.
(1) A national of a Member State of the European Union or of another State, if provided for in an international agreement, or a national of the Czech Republic, who has received an education or professional experience in another Member State of the European Union or another State, if provided for in an international agreement (hereinafter referred to as the applicant), may be a teaching staff in schools and educational establishments under this law only after the fulfilment of the conditions of qualification, examination from the Czech language, medical fitness and the condition that he has not been convicted of an intentional offence. The Czech language exam is not required if the nature of the job is not required by the Czech language or if the applicant has passed at least the Czech language and literature exam.
(2) The recognition of applicants' education and professional experience under paragraph 1 shall be decided by the Ministry at the request of the applicant. The application is charged CZK 500, which is the income of the state budget. The Ministry shall decide on the application no later than 120 days after receipt of all documents relating to the applicant or their officially certified copies. If the documents are drawn up in a non-Czech or English language, the Ministry may also require an official translation thereof.
(3) The Ministry shall, in agreement with the Ministry of Labour and Social Affairs, lay down by decree a detailed description of the recognition of the education and professional practice of applicants for the purpose of carrying out the work of a teaching staff. "
12. in § 57b (1), the words "church higher vocational school," shall be inserted after the words "church secondary school."
13. in Article 57b (1), the words "for the purposes of this Act," shall be inserted after the words after the semicolon of the "church school," the words "shall be regarded as religious legal persons,"
14. The following Section 60a is inserted after Section 60:
The scope laid down by the Regional Authority under this Act is the exercise of the delegation of the Region. '
15. Article 64d is deleted.
Act No. 76 / 1978 Coll., on educational establishments, as amended by Act No. 31 / 1984 Coll., Act No. 425 / 1990 Coll., Act No. 390 / 1991 Coll., Act No. 190 / 1993 Coll., Act No. 138 / 1995 Coll., Act No. 19 / 2000 Coll., Act No. 132 / 2000 Coll. and Act No. 109 / 2002 Coll., is amended as follows:
1. In the fourth sentence of Article 3 (1), the words "the authority of the Region of Delegation 'are replaced by the words" the Regional Authority'.
2. In Article 16 (3), the words "Counties under separate jurisdiction may establish and manage 'are replaced by the words" Counties may establish and manage'.
3.
The scope laid down by the Regional Authority under this Act is the exercise of the delegation of the Region. '
Article II of Act No. 390 / 1991 Coll., on Pre-school establishments and educational establishments, as amended by Act No. 256 / 1994 Coll. and Act No. 138 / 1995 Coll., is deleted.
Act No. 306 / 1999 Coll., on the grant of grants to private schools, preschool and school establishments, as amended by Act No. 132 / 2000 Coll., Act No. 255 / 2001 Coll. and Act No. 16 / 2002 Coll., is amended as follows:
1. In Article 4 (2), the words "school or" are replaced by "pre-school or school."
2. In Article 6 (1), the words "the first, second and third quarters and the last day of the second month of the fourth" shall be inserted after the words "the first month."
EFFECTIVE
This Act shall take effect on the day of its publication. Article I, points 1 to 9, 11 to 13, 15 to 22, 24 to 26, 28 to 30, 32 to 34, 36, 40, 41, 47 to 59, 61, 62, and They shall take effect on 1 January 2003. Article I, points 23 and 60 shall enter into force on the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
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Regulation Information
| Citation | Act No. 284 / 2002 Coll., amending Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.2002 |
|---|---|
| Effective from | 28.06.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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