Act No. 306 / 1999 Coll.
Law on the grant of grants to private schools, preschool and school establishments
Valid
Law
Effective from 03.12.1999
306
THE LAW
of 18 November 1999
on the grant of grants to private schools, preschool and school establishments
Parliament has decided on this law of the Czech Republic:
(1) Subsidies from the State Budget (hereinafter referred to as "grants") are granted to legal persons engaged in the activities of schools and educational establishments registered in the school register, (1) which are not constituted by the State, the Region, the Municipality, a voluntary association of municipalities whose activities are the subject of educational tasks (hereinafter referred to as "the Union") or by a registered church or religious society which has been granted the right to exercise a special right to establish church schools, (2) (hereinafter referred to as "legal persons"), provided that they conclude a contract with the Regional Office under this law. The grant shall not be granted for the activities of language schools with the right of state language examination.
(2) The subsidy is granted for the financing of non-investment expenditure related to education and education in schools and services and education, which supplement or promote education in or directly related to schools, or by the provision of constitutional and protective education or preventive educational care in educational establishments (hereinafter referred to as "educational services') and the normal operation of school and school facilities, except for rental under a contract for the purchase of leased items concluded after 1 January 1997 and advertising, and for legal persons providing education and educational services for children, pupils and students with mental, physical, visual or auditory disabilities, serious language defects, serious developmental behavioural disorders, serious behavioural developments, concurrent disabilities, multiple defects or autism, 3) and for rehabilitation.
(3) The grant to a legal person who carries out the activity of a primary art school shall be granted for the provision of education intended for pupils before the start of compulsory education, compulsory school pupils, pupils in the daily form of secondary education or conservators and students in the daily form of higher vocational education.
(1) The application for grant for the next school year is submitted by a legal person to the Regional Office
(a) until 31 January; or
(b) within 30 days of receipt of the decision to register.
(2) The application contains:
(a) the name, registered office, identification number of the person and account number of the legal person, and, where appropriate, the address and account number of the isolated office;
(b) proof of inclusion in the network of pre-school, school and school establishments in accordance with existing legislation or proof of registration in the school register;
(c) proof of registration of a legal person in a commercial or other legally designated register, or of an application for registration in such a register, and proof of the establishment of a legal person;
(d) the expected total number of children, pupils or students in the school year for which the subsidy is requested and the number of children, pupils or students in each class, department or study group, trained in each field of education, for educational establishments the estimated number of beds, accommodated or fed children, pupils or students in each school establishment.
(1) In particular, the grant contract shall specify the activities for which the grant is granted, their scope, the number of children, pupils or students in the school year for which the grant is granted and the amount of the subsidy fixed by a percentage in accordance with Article 4.
(2) The grant contract shall not be concluded unless the Regional Office has received an application for the grant within the period referred to in Article 2 (1). The grant contract shall not be concluded further if the legal person who drew the grant in the previous school year does not submit before 15 October for the previous school year:
(a) accounting for the subsidy in accordance with the procedure laid down by the Ministry of Education, Youth and Sports (hereinafter referred to as the Ministry), 2a
(b) the annual activity report of the school, 4)
(c) analysis of the management of the subsidy provided under this Act, prepared according to the curriculum established by the Ministry, 2a)
(d) information on the discussion of the annual report on school activities on the school board, if it is established.
(3) Waiver of the time limits referred to in Article 2 (1) and in paragraph 2 may be waived under the same conditions as failure to comply with Article 41 of the Administrative Regulation. The time-limit may not be waived if one month has elapsed since the date on which the time-limit expired. An appeal cannot be lodged against the order.
(4) The Regional Office shall conclude a contract or inform the legal person of the reasons for not concluding the contract within 30 days of receipt of the request.
(1) Subsidies to legal persons, with the exception of legal persons engaged in the activities of a parent or educational establishment, which otherwise constitute a municipality or association of municipalities under the special legislature (5), shall be determined by a percentage of the standard as the annual volume of non-investment expenditure, means of pay and legal contributions, with the exception of the means of pay and the legal contributions applicable to the establishment of the standard referred to in paragraph 3, belonging to a single child, pupil or student in a comparable field of education and the form of education in a school or equivalent educational service in a school establishment established by a county or ministry. The subsidy shall be increased by a percentage of the standard for the special educational needs of children, pupils and students referred to in Section 1 (2), as laid down for children, pupils or students of schools and educational establishments established by the county or by the Ministry.
(2) Subsidies to legal persons engaged in the activities of parent schools or educational establishments which otherwise, under the special legislature (5), establish a municipality or association of municipalities shall be fixed by a percentage of the standard as an annual amount of non-investment expenditure, wage resources and statutory contributions for one child in a comparable school established by the municipality or a pupil in a comparable school service in a school establishment established by the municipality. The subsidy shall be increased by a percentage of the standard for the special educational needs of children, pupils and students referred to in Section 1 (2), as laid down for children, pupils or students of schools and school establishments established by municipalities.
(3) The grants referred to in paragraph 1 or 2 shall be increased by a percentage of the standard for school meals in the case of children, pupils or students of a legal person engaged in the activity of a school which provides school meals in the context of physical security under special legislature11) in a school catering facility established by the county, municipality or community.
(4) The subsidy provided for in paragraph 1 shall be increased by a percentage of the standard amount of the basic school, with the exception of the primary school, established pursuant to Article 16 (9) of the Education Act, the special school or primary school set up by the county, the municipality or the municipality.
(5) Legal persons engaged in the activities of schools and educational establishments otherwise established by a municipality or association of municipalities may apply to the municipality or association of municipalities for a further subsidy to cover non-investment expenditure.
(6) The grant is granted only for children, pupils or students in schools, fields of education and school services registered in the school register. The standards for the relevant calendar year shall be determined by the Ministry by 31 January at the latest and published in the Ministry Bulletin.
(7) The percentage of the standard referred to in paragraphs 1 to 4 is fixed at:
(a) secondary schools providing secondary education, schools carrying out educational programmes for children, pupils and students referred to in § 1 (2), centres of practical teaching in the provision of education according to the school curriculum of those schools, and primary schools special at 80%;
(b) other secondary schools other than those referred to in (a), centres of practical training in the provision of training according to the school curriculum of those schools, and higher vocational schools at 60%;
(c) primary schools at 60%;
(d) school establishments for the performance of constitutional education, protective education and preventive education at 80%;
(e) nursery or school establishments which otherwise, under special legislation5) establish a municipality or a union of municipalities at 60%;
(f) other schools and schools at 50%.
(1) An increase in the subsidy shall be concluded between the Regional Office and the legal person upon fulfilment of the conditions laid down in paragraphs 3 and 4 within the time limit laid down in paragraph 6.
(2) The percentage laid down in Paragraph 4 (7) shall be increased
(a) secondary schools providing secondary education, schools carrying out educational programmes for children, pupils and students referred to in § 1 (2), training centres for the provision of practical training according to the school education programmes of those schools, and primary schools special at 100%;
(b) for other secondary schools other than those referred to in (a), the practical training centres according to the school curriculum of those schools, and higher vocational schools at 90%;
(c) for primary schools and primary arts schools at 100%;
(d) in the case of school establishments for the performance of constitutional education, protection education and preventive education at 100%;
(e) in the case of parent schools or educational establishments otherwise established by a municipality or a union of municipalities, at 100%;
(f) 80% for other schools and schools.
(3) The subsidy shall be increased in accordance with paragraph 2 if the legal person:
(a) receives subsidies under Article 4;
b) has for the school or school establishment concerned the latest results of the evaluation of the Czech School Inspection Office at least on average and no serious infringement of the legislation in force has been detected in the last report on the control of the Czech School Inspection Office;
(c) is a generally beneficial company or a legal person of a school or, if it is in a different legal form, undertake in a contract to grant an increase in the grant to spend all of its profits for the relevant calendar year on education and education services, and, where appropriate, for schools or educational establishments carrying out educational programmes for pupils referred to in § 1 (2) and for rehabilitation.
(4) A grant increase contract may be concluded with a legal person per school year if, prior to the conclusion of a contract for at least one school year, it has been included in a network of pre-school institutions, schools and educational establishments according to existing legislation or registered in a school register and has provided education and education services in accordance with its inclusion in the pre-school, school and school facilities or entry into the school register. Compliance with these conditions shall be assessed separately for each school, field of education and school establishment.
(5) Where there is a change in the school register of a legal person carrying out an activity of a school or a school establishment, or a similar change resulting from the transfer of a school or a school establishment to a legal person already carrying out an activity of the same type of school or a type of school establishment, a new legal person may enter into a grant agreement only if the school or educational establishment has provided education or educational services for at least one school year and if there is no change in any other relevant facts for registration in the school register.
(6) Where a legal person submits to the Regional Office by 31 January an application for an increase in the grant for the next school year, together with documents certifying compliance with the conditions laid down in paragraphs 3 and 4, the Regional Office shall conclude a contract to increase the grant by 31 March. In the case of a legal person before 31 January, the conditions referred to in paragraph 3 (a) shall be fulfilled. (b) or paragraph 4 fails to comply, the grant increase contract may be concluded by 15 September, provided that the legal person fulfils these conditions by 31 August.
(7) Where a legal person carries on more than one school and school establishment activity, the percentage of the increase in the subsidy for each school, education and school establishment shall be determined separately.
Rules governing the grant
(1) The subsidy is granted for the school year in advance for each quarter of the calendar year, not later than the last day of the first month of the first, second and third quarters and the 15th day of the second month of the fourth quarter. The annual amount of the grant shall be determined in accordance with Sections 4 and 5.
(2) The subsidy shall be granted on the basis of the actual number of children, pupils or students at school or school institution, in the different fields and forms of education, beds, meals or other units provided for in the specific legislation6a), as specified in the school matrices for the relevant school year, up to a maximum of the permitted number of children, pupils or students at school or school establishment, in the different fields and forms of education, beds, meals or other units provided for in the specific legislation6a), as laid down in the school register. The actual number according to the first sentence includes foreigners who receive education or education services under the same conditions as national citizens of the Czech Republic under special legislation 6b). The actual number of meals according to the first sentence shall not include children, pupils or students to whom school meals are provided in the framework of physical security under the special legislature11) by a school established by the county, municipality or association of municipalities.
(3) If there is a change in the number of children, pupils, students, beds, digested or other units provided for by special legislation6a during the school year, the legal person shall immediately notify that fact and prove to the county authority accordingly. The subsidy shall be adjusted from the beginning of the quarter following the change in which the overpayment or the underpayment occurred and shall be charged in accordance with paragraph 7. For pupils and students in the final years, the grant shall be granted until the end of the school year, irrespective of the fact that the final or final examination was already carried out in May or June. This also applies if discharge was carried out in May or June. If discharge takes place in another period, the grant shall be granted only until the end of the calendar quarter in which discharge is effected.
(4) If, during the school year, the Czech School Inspectorate or another inspection body finds serious shortcomings in the activities of a legal person, the Regional Authority may, depending on the nature of the deficiencies, withdraw from the grant contract, or, where appropriate, from the contract provided for in Section 3, if there is no other agreement.
(5) If a legal person who is not a generally beneficial company or a school legal person does not make a profit in education and education services, or in schools and educational establishments carrying out educational programmes for pupils referred to in § 1 (2), as well as for rehabilitation, certified by the auditor, (7), by 10 August of the following calendar year at the latest, the Regional Authority may withdraw from the grant increase contract. The increase in the subsidy granted under such a contract is subject to the provision of special legislation8) on the unlawful use of State budget funds.
(6) The amount of the grant may be reduced during the school year in which it is provided, for a shorter period than that referred to in paragraph 1, or increased in accordance with the regulatory measures to implement State budget expenditure decided on by the Government or the Minister of Finance. The amount of the subsidy may be reduced or granted for a shorter period than that referred to in paragraph 1 during the school year in which it is provided, if the legal person fails to comply with the provisions of paragraph 7.
(7) The legal person shall submit to the Regional Authority the accounts of the grant granted in accordance with the calendar year actually in accordance with the procedure laid down by the Ministry of Finance for the Settlement of Relations with the State Budget.
Transitional provisions
(1) In the 1999 / 2000 school year, the grant is granted to schools at a percentage rate according to existing regulations. 8)
(2) In the 1999 / 2000 school year, the
(a) contracts to increase the grant concluded with schools in accordance with existing regulations, 10)
(b) grant contracts and grant increases contracts concluded with installations under existing rules. 10)
(3) The application to conclude a grant agreement for the school for the school year 2000 / 2001 shall be submitted by the school or school-building body to the county body in a delegated capacity within 60 days of the effectiveness of this law.
The scope laid down by this Law to the Regional Authority is the exercise of the delegation of the Region.
Repeal
They shall be deleted:
1. § 57a (3) 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. 138 / 1995 Coll.
2. Government Decree No. 324 / 1996 Coll., laying down the conditions and amounts of grants to private schools, preschool and school establishments, as amended by Government Decree No. 321 / 1998 Coll.
Efficacy
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
1) Paragraph 141 (1) of Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act).
2) Paragraph 7 (1) (e) of Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Societies and on the amendment of certain laws (Act on Churches and Religious Societies).
2a) § 170 of Act No. 561 / 2004 Coll.
3) Article 16 of Act No. 561 / 2004 Coll.
4) § 10 of Act No. 561 / 2004 Coll.
5) Sections 178 and 179 of Act No. 561 / 2004 Coll.
6) § 20 of Act No. 561 / 2004 Coll.
6a) For example Article 16 of Act No. 109 / 2002 Coll., as amended.
6b) § 20 of Act No. 561 / 2004 Coll.
7) Act No. 524 / 1992 Coll., on auditors and Chamber of Auditors of the Czech Republic, as amended.
8) Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended.
9) § 13 (3) of Act No. 576 / 1990 Coll. § 36 of Act No. 576 / 1990 Coll., as amended.
10) Government Decree No. 324 / 1996 Coll., laying down the conditions and amounts of grants to private schools, preschool and school establishments, as amended by Government Decree No. 321 / 1998 Coll.
11) § 122 of Act No. 561 / 2004 Coll.
12) § 161 (3) of Act No. 561 / 2004 Coll.
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Regulation Information
| Citation | Act No. 306 / 1999 Coll., on the grant of grants to private schools, preschool and school establishments |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.12.1999 |
|---|---|
| Effective from | 03.12.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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