Act No. 284 / 2020 Coll.
Act amending Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended, and Act No. 178 / 2016 Coll., amending Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended, and Act No. 200 / 1990 Coll., on Transfers, as amended
Valid
Law
Effective from 01.10.2020
284
THE LAW
of 10 June 2020
amending Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended, and Act No. 178 / 2016 Coll., amending Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended, and Act No. 200 / 1990 Coll., on Transfers, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Education Act
Act No. 561 / 2004 Coll., Act No. 158 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 179 / 2006 Coll., Act No. 342 / 2008 Coll., Act No. 49 / 2009 Coll., Act No. 217 / 2007 Coll., Act No. 242 / 2008 Coll., Act No. 246 / 2008 Coll., Act No. 58 / 2008 Coll., Act No. 126 / 2008 Coll., Act No. 189 / 2008 Coll.
1. Paragraph 3 (1) is deleted.
Paragraphs 2 to 5 shall be renumbered paragraphs 1 to 4.
2. In Paragraph 4 (1), the sentence "The Framework Education Programme for Basic Education shall also provide for the breakdown of the content of education by period or year 'and in the last sentence the word" Ministry' shall be replaced by the words "Ministry of Education, Youth and Sports (" Ministry ')'.
3. In Article 5 (1), the text "§ 3 (2) 'is replaced by" § 3 (1)'.
4. In Article 28 (8), "§ 171 (4) 'is replaced by" § 171 (3)'.
5. In Article 29, paragraphs 4 and 5 are added, including footnote 65:
"(4) Teachers may, in the education and provision of school services in and directly related to schools and schools
(a) treat hazardous chemicals or mixtures classified as highly toxic, which are provided for by implementing legislation, only under the supervision of a person with professional competence under the law governing the protection of public health65), in the manner provided for by the implementing legislation;
(b) to dispose of hazardous chemicals or mixtures other than those referred to in (a) or to carry out activities associated with hazardous exposure to dust or biological agents as provided for in the implementing legislation only under the supervision of a responsible person who carries out a teaching activity and meets the requirements laid down in the implementing legislation, or by an instructor at the workplace of legal or natural persons where pupils perform practical training, carried out in the manner provided for in the implementing legislation.
(5) The Ministry shall determine by decree:
(a) the substances, mixtures, money and biological factors referred to in paragraph 4 with which pupils may handle basic, secondary and private education, the provision of education services and related activities;
(b) the conditions for the handling of hazardous chemicals and mixtures and the way in which supervision is carried out in such handling and the conditions for the performance of activities associated with hazardous exposure to dust and biological agents, the way in which they are carried out, and the requirements for the person supervising those activities.
65) § 44b of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. '
6. In Paragraph 30, the following paragraph 3 is inserted after paragraph 2:
"(3) The school rules or internal rules may restrict or prohibit the use of mobile phones or other electronic devices by children, pupils or students, except for their use to the extent necessary for health reasons. '
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
7. Paragraph 47 (1) reads:
"(1) The municipality, the municipality, the county and the registered church, a religious society which has been granted the right to exercise a special right to establish ecclesiastical schools (6), and any other legal or natural person setting up schools and educational establishments in accordance with § 8 (6) may establish preparatory classes of primary school for children in the last year before the start of compulsory schooling, which are presumed to balance their development, preferably children who have been allowed to defer compulsory schooling. A preparatory class may be established if at least 10 children are educated there. In order to establish a preparatory class of the primary school of municipalities, a union of municipalities and counties, the agreement of the Regional Office, in the case of preparatory classes established by a registered church and a religious society which has been granted an authorisation to exercise a special right to establish ecclesiastical schools6), or by another legal or natural person, the approval of the Ministry is necessary. '
8. Paragraph 50 (4) reads as follows:
"(4) If a stranger does not participate continuously for at least 60 teaching days, he shall not provide reasons for his absence in accordance with the conditions laid down by the school rules and shall not, after a subsequent written call by the principal of the school sent to the last known address of the legal representative of the stranger within 15 days of the date of dispatch of the invitation, cease to be a pupil of the school concerned. '
9. In Paragraph 60b (3), the words ", their 'are replaced by the words" the Ministry or under its authority the Centre;';
10. In § 77, after the first sentence, the sentence "The pupil will successfully perform a part of the graduation exam if he successfully performs all the compulsory examinations on which that part consists."
11. § 78, including the title:
Common part of the graduation exam
(1) The experimental subjects of the common part of the graduation examination are:
(a) Czech language and literature,
(b) the foreign language chosen by the pupil from the tender provided for in the implementing legislation; the pupil may choose only a foreign language which is taught in the school to which he is a pupil; and
(c) mathematics.
(2) The common part of the graduation exam consists of a Czech language and literature exam and a second exam for which the pupil chooses one of the test subjects referred to in paragraph 1 (b) and (c) on the application for the graduation exam.
(3) The examination of the common part of the graduation exam shall take the form of a didactic test. For the purposes of this Act, a didactic test shall mean a written test which is uniformly entered and centrally evaluated in accordance with the criteria laid down in the implementing legislation.
(4) In the common section, the pupil may also apply for two optional tests from the test subjects referred to in paragraph 1 (b) and (c) and from the test subject of mathematics extending. '
12. In § 78a, the words "; this does not apply to the test subject of mathematics expanding 'shall be added at the end of the text of paragraph 1.
13. in Article 78a (2), the words "and sub-tests" and "carried out in the form of a didactic test and written work" shall be deleted;
14. in Paragraph 78a (3):
"(3) The examination of the common part of the graduation exam may be carried out by the pupil if he has successfully completed the final year of secondary education. '
15. in Article 78a, paragraph 4 is deleted;
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
16. in Article 78a (4), the words "or to the President of the Examination Graduation Board" and the words "or to the Chairman of the Examination Graduation Board" shall be deleted;
17. in § 78a, paragraph 5 is deleted;
18. Paragraph 79 (1) reads:
"(1) The profile part of the graduation exam consists of a Czech language and literature exam, and if the pupil has chosen a foreign language in the common part of the graduation exam, a foreign language exam, and a further 2 or 3 compulsory examinations. The number of additional compulsory examinations for the field of education shall be determined by the framework training programme. In schools and classes with the language of the national minority, one of the compulsory examinations is the examination of the language of the national minority. '
19. in Paragraph 79 (4), the following point (d) is inserted after point (c):
"(d) written work,"
Points (d) and (e) shall be renumbered as points (e) and (f).
20. in Paragraph 79 (4) (f), "(d)" is replaced by "(e)."
21. In Paragraph 79, the following paragraph 5 is inserted after paragraph 4:
"(5) Tests from the Czech language and literature and from a foreign language are always carried out by written work and by oral examination before the examination committee."
Paragraphs 5 to 7 shall be renumbered paragraphs 6 to 8.
22. In Paragraph 79 (7), the words "and written work 'shall be inserted after the words" written examinations'.
23. Paragraph 79 (8) is deleted.
24. In Paragraph 80 (1), the second sentence is: "The Ministry or under its authority the Centre shall prepare catalogues and the examination of the common part of the graduation examination and shall indicate that the examination of the common part of the graduation examination or parts thereof shall be made publicly inaccessible."
25. in Article 80 (3), points (a) and (c) are deleted;
Point (b) shall be renumbered (a) and points (d) to (j) shall be renumbered (b) to (h).
26. in Paragraph 80 (3) (b), the words "except for oral part-examinations," shall be deleted;
27. in Article 80 (3) (e), "(f)" is replaced by "(d)";
28. in Article 80 (3) (c) and (e) and in Article 80 (5) (d), the words "Commissioner or evaluator" shall be replaced by "Commissioner."
29. in Paragraph 80 (3) (f), the words "the evaluator of written works and" shall be deleted;
30. in Article 80 (3) (h), the words "the contracting authority and the evaluator" shall be replaced by "the contracting authority."
31. in Paragraph 80 (5) (d), "paragraph 3 (e)" is replaced by "paragraph 3 (c)";
32. In Paragraph 80a (1), the words "Oral examination and examination" shall be replaced by the words "Examination"; the sentence of the third shall be replaced by the sentence "The President of the Examination Graduation Board may be the one who has the professional qualifications of teachers of general or secondary school vocational subjects and has been engaged in direct teaching activities for at least 5 years." and the last sentence shall be replaced by the words "On the Examination Graduation Board, including the Examination Graduation Board in the course of written work, the provisions of Sections 74 (6) to (10) shall apply mutatis mutandis."
33. in Article 80a (3) and (4), the words "except for oral part-examinations" shall be deleted;
34. in Article 80a (4), the words "with the exception of oral part-examinations," shall be deleted;
35. in Article 80a, paragraph 5 is deleted;
Paragraph 6 shall become paragraph 5.
36. in Paragraph 80a (5), the words "The evaluator for a given test subject, the Commissioner" shall be replaced by "The Commissioner."
37. in Paragraph 80b (1), the words "in implementing legislation" are replaced by the words "by this law."
38. in Article 80b (1), the word "Centre" shall be replaced by "Ministry or Centre."
39. in § 80b (2) and (3), the word "Centre" is replaced by "Ministry or Centre."
40. in Article 80b (2) (b) and (d), the words "and subtests" shall be deleted;
(41) In Paragraph 81 (1), the words "part-examinations in the form of a didactic test and written work" shall be replaced by the words "joint examinations in the course of the examination."
42.Paragraph 81 (6) reads as follows:
"(6) A pupil who has already obtained a secondary education with a graduate examination under this law or under previous legislation does not, at his request, take a common part of the graduation exam and a written examination and oral examination from the Czech language and literature and from a foreign language in the profile part of the graduation exam. The school director may, according to the first sentence at his request, grant the pupil a further examination of the profile part of the graduation exam if it is of a level comparable to that of the profile part at the school. ';
43. In Paragraph 81, the following paragraph 7 is inserted after paragraph 6:
"(7) If a student performs at least 4 compulsory examinations in the profile section of the exam, the school director may provide that under the conditions laid down in the implementing legislation, 1 compulsory examination of the profile part of the exam from a foreign language may be replaced by a successful standardized examination from that foreign language supported by a language certificate. The same may be determined by the Director under the conditions laid down in the implementing legislation for 1 of the optional test of the profile part of the graduation examination. ';
Paragraphs 7 to 11 shall be renumbered paragraphs 8 to 12.
44. In Paragraph 81 (10), the words "and profile 'shall be inserted after the words" common'.
45. in Paragraph 81 (12) (a), the words "part-examinations of the common part of the final examination in writing and" shall be deleted;
46. in Article 81 (12) (b), the words "evaluators" and the words "evaluators and" deleted, "and" Commissioners and evaluators of written works "shall be replaced by the words" and Commissioners. "
47. in Paragraph 82 (1) (b), the words "partial" and "carried out in the form of a didactic test" shall be deleted;
48. In Paragraph 82 (1), "Article 80 (3) 'is replaced by" Article 80 (1) or (3)'.
49. In Section 82 (1) of the final part of the provision, the words "part-examinations of the common part of the final examination in writing and 'shall be deleted.
50. In Paragraph 82 (2), the words "in the form of a didactic test 'are deleted.
51. in Paragraph 82 (3), the word "partial" and "partial" shall be deleted;
52. In Paragraph 84 (1), the words "obtained a secondary education with a graduate examination 'are replaced by the words" benefited in the second half of the last year of the education with a graduate examination'.
53. In Article 108 (1), the words "the applicant's residence 'are replaced by the words" the applicant's permanent residence, in the case of a stranger by residence,' and at the end of the paragraph, the sentence "If the local jurisdiction of the regional authority cannot be determined in accordance with the first sentence, it shall be governed by the place of application '.
54. In § 108 (4), the words "produced by the interpreter registered in the Czech Republic on the list of experts and interpreters 26c) ', including footnote 26c, are deleted.
55. in Article 113 (3) (c) (1), the words "the President shall be appointed in the cases referred to in paragraph 2 (a) by the Director of the Centre, in the cases referred to in paragraph 2 (b) shall be" deleted and the word "shall be inserted after the word" the President. "
56. In Paragraph 113 (4), the word "which" shall be replaced by "or in a place which" and after "the principal of the school" shall be inserted "or, in the absence of a school examination, by contracting authorities."
57. The following Section 119a is inserted after Section 119:
Forest maternity school dispensary
(1) The school of the forest is a type of school catering facility which can provide school meals only for school school children.
(2) Only a legal person carrying out the activities of a forest nursery school may set up a forest nursery. '
58. in Article 136 (2) (d), "Article 30 (4)" is replaced by "Article 30 (5)."
(59) In Article 144 (1), the words "in the case of a parent school, in the case of a school, the word" in the case of a school school, "in the case of a school meals establishment, the word" in the case of a school's school. "
60. in Article 144 (1) (c), the words "in the case of a parent school, the indication whether the school is a forest" shall be deleted;
(61) In Article 144 (1), the words "in the case of a forest nursery school, the name of the territory where the educational services are carried out" shall be added at the end of the text (g).
62. In Paragraph 147 (1), the words "at the end of the text referred to in point (a) shall be added; in the case of a forest nursery dispensary, an indication that it is a forest nursery dispensary."
63. In Section 147 (3), the words "and the school of forest 'shall be inserted after the word" school'.
(64) In Article 160 (1) (a), (c) and (d), the words "transport expenditure of a school in training activities under the relevant framework training programme" shall be inserted after the words "special educational needs."
65. In Section 160, the following paragraph 6 is added:
"(6) The funds from the state budget referred to in paragraph 1 shall be made available up to a maximum of the authorised number of children, pupils or students at school or school establishment, in the different fields of education and forms of education, beds, meals or other units of performance provided for by other legislation64), as laid down in the school register. ';
66.In Article 161 (1) (a) (1), the words "paragraph 1" shall be deleted.
67. in Article 161 (1) (e), the words "school cooperatives," shall be deleted;
68. In Article 161 (2), the words "or school based on its structure 'shall be inserted after the words" the number of pupils in the class' and the words "the number of pupils in the year ', and at the end of the paragraph, the sentence" the Government may, in addition, provide for a maximum number of hours for primary schools, secondary schools and conservatories established by the county, municipality or association of municipalities of other direct pedagogical activities financed from the state budget to the school according to its structure, including the designation of teaching staff performing those activities.';
69. in Article 161 (3), point (c) is deleted;
Points (d) to (i) shall be renumbered (c) to (h).
70. In Article 161 (5), the words "and, where appropriate, paragraph 7 'shall be inserted after the words" paragraph 3'.
71.In Paragraph 161, the following paragraph 7 is added:
"(7) In the course of the year, the Ministry may provide for additional funding for the expenditure referred to in Article 160 (1) (c) and (d) for individual legal persons engaged in the school or educational establishment referred to in paragraph 1.
(a) the conditions and criteria for providing such additional funding; and
(b) the purpose for which a legal person may use such additional funds and, where appropriate, any other conditions which a legal person must fulfil in connection with the use of such additional funds. ";
72. In Paragraph 161b, at the end of paragraph 1, the sentence "The Ministry may declare and publish in the Bulletin the correction coefficients to the Republic's standards according to the first sentence, taking into account objective differences in the activities of the schools concerned in each region. '
73.In Article 161c (2) (c), the word "organisational" shall be deleted and the words "including the designation of teaching staff carrying out these activities" shall be inserted after the word "structure."
74. In Article 161c (3) (c):
"(c) provisions for dealing with the necessary cases of direct expenditure not covered by the breakdown provided for in Articles 161 (5), 161a (2) and 161b (2); the manner, conditions and rules of application of the reserve by the Regional Office shall be laid down by the Ministry by a directive pursuant to Article 170 (b)."
75. In Article 163 (1), the first sentence is deleted and, in the sentence, the second words "for experimental verification and for development programmes referred to in Article 171 (1) and (2) a 'are deleted.
76. in Article 166 (7), the words "and 11 'shall be inserted after the words" 2';
77. In Article 166, paragraphs 10 and 11 are added:
"(10) Where the school or educational establishment referred to in paragraph 2 does not have a Director, the Director of the School may be appointed by the Director for a post without a fixed-term bankruptcy procedure until the appointment of the Director pursuant to paragraph 2. The Governor shall declare the insolvency proceedings referred to in paragraph 2 without undue delay.
(11) Where the principal of a school or a school establishment referred to in paragraph 2 is prevented from carrying out work of a long-term nature, in particular the release for public office or parental leave, the Director of the School may be appointed by the Director for a fixed period of time, but for a maximum period of six years, following his declared bankruptcy procedure; the same person may be reappointed. Until such time as the Director is appointed in accordance with the first sentence, the Director of the School may be appointed to the Head of the School without bankruptcy proceedings. '
78. Paragraph 171 (2) is deleted.
Paragraphs 3 to 6 shall become paragraphs 2 to 5.
79. In Article 172 (5), the words "and the examination of the course and outcome of the partial examination in writing and oral form 'are deleted.
80.In § 172 (8), the text "§ 166 (2) to (9)" is replaced by "§ 166 (2) to (11)."
81. In Section 183c of the Introductory Part of the provision, the words "obtained in the verification of the candidate's qualifications in accordance with Section 60b, in the determination of his or her results and in preparation for him or her shall be inserted after the word" Data. "
82. In Paragraph 183c, the text "Paragraph 171 (2)" is deleted.
83.In Paragraph 183c, points (b) and (c) are deleted.
Points (d) and (e) shall be renumbered points (b) and (c).
84. The following Section 183d is inserted after Article 183c:
The Centre shall publish in a manner that allows remote access to the uniform tests and to the common part of the graduation examination conducted in the form of a didactic test
(a) the award of the tests within one working day of the date on which the test was carried out,
(b) the keys to the correct solutions to the tasks within one working day of making the assessment available to secondary schools;
(c) the results of individual applicants and pupils in each test role and the results per school, broken down by group of fields of education, in a machine-readable format without the possibility of identifying the applicants and pupils, within 14 days of making the evaluation available to the secondary schools; and
(d) information on the conduct of the tests, including conclusions on the accuracy of the tests and their compliance with the legislation, within 14 days of the availability of the evaluation of the secondary school examination. "
85. in Article 184 (2), the comma after the words "the Graduate Board" shall be replaced by "a," the words "and the evaluators of the written work" shall be deleted and the second sentence shall be replaced by the sentence "Reward, except for the remuneration of the Commissioner provided by the Centre, shall be provided by the legal person performing the school's activities."
Transitional provision
If a student who has applied for a secondary examination by 25 June 2020 and successfully completed the last year of secondary education with a secondary examination by 30 September 2020 has the right to hold a partial examination in writing or oral form from a test subject Czech language and literature or foreign language, or if he has the right to perform a replacement examination of such a secondary examination, he shall perform a repair or replacement examination in the profile part of the final examination according to Act No. 561 / 2004 Coll., as effective from the date of entry into force of this Act.
Amendment to the Act amending Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended, and Act No. 200 / 1990 Coll., on Infringements, as amended
Act No. 178 / 2016 Coll., amending Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended, and Act No. 200 / 1990 Coll., on Infringements, as amended, as amended, as amended, Act No. 101 / 2017 Coll. and Act No. 167 / 2018 Coll., are amended as follows:
1. In Part One, points 41, 42 and 45 are deleted.
2. in Part One, Article II, point 2 is deleted;
3. in Part Three, Article IV, the words "the provisions of points 9 and 14 'are replaced by the words" and the provisions of points 9 and 14' and the words "and the provisions of Article I, points 41, 42 and 45, which shall take effect on 1 November 2020 ';
REPEAL PROVISIONS
They shall be deleted:
1. Government Decree No. 445 / 2016 Coll., on determining the fields of education in which mathematics is the subject of a common part of the graduation examination.
2. Government Regulation No. 71 / 2017 Coll., amending Government Regulation No. 445 / 2016 Coll., on the establishment of fields of education in which mathematics is the subject of a joint examination.
EFFECTIVE
This Act shall enter into force on 1 October 2020, with the exception of the provisions of points 6, 81 and 83 of Part One of Article I, which shall take effect on the 15th day following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 284 / 2020 Coll., amending Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended, and Act No. 178 / 2016 Coll., amending Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended, and Act No. 200 / 1990 Coll., on infringements, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.06.2020 |
|---|---|
| Effective from | 01.10.2020 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Education, Education, Education
Administrative law
The regulation text is for informational purposes only.
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