Government Decree No. 324 / 1996 Coll.
Government regulations laying down the conditions and amounts of grants to private schools, preschool and school establishments
Valid
Regulation
Effective from 01.01.1997
324
GOVERNMENT REGULATION
of 17 December 1996
laying down the conditions and amounts of grants to private schools, preschool and school establishments
The Government orders pursuant to § 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. 171 / 1990 Coll. and Act No. 138 / 1995 Coll., and § 45 (1) and (8) of the Act of the Czech National Council No. 76 / 1978 Coll., as amended by Act No. 138 / 1995 Coll.:
Basic provisions
(1) Subsidy from the State Budget (hereinafter referred to as "grants") 1 shall be granted to private schools (hereinafter referred to as "schools"), 2) where they are included in the school, preschool and school facilities network (hereinafter referred to as "networks") .3)
(2) Private preschool establishments and private educational establishments (hereinafter referred to as "establishments") 4 may receive a subsidy if they are included in the network and if the organisers 5) conclude a grant agreement with the School Office by 30 November for the next school year.
(1) The subsidy is granted to finance non-investment expenditure related to education and education, special schools and establishments as well as rehabilitation, and to the normal operation of the school or establishment in question, with the exception of rent under a contract for the purchase of a hired item concluded after 1 January 1997.
(2) The grant is granted to primary art schools only for the provision of compulsory school education.
(3) The grant for the school year concerned shall not be granted unless the schools or establishments, except newly established from 1 September, are submitted to the School Office by 15 October for the previous school year:
(a) the accounting of the subsidy, if provided, in accordance with the procedure laid down by the Ministry of Education, Youth and Sports (hereinafter referred to as the Ministry);
(b) annual activity report, 6)
(c) the annual management report, (7) if they have managed State budget funds; and
(d) information on the discussion of the annual activity report and the annual management report of the school board, if established.
(4) The accounting of the grant granted in accordance with the actual calendar year shall be submitted by schools or facilities to the School Office in accordance with the procedure laid down by the Ministry of Finance for the settlement of financial relations with the State Budget.
(5) The amount of the State budget subsidy may be reduced or the subsidy may be granted for a shorter period than that referred to in Paragraph 7 (1),
(a) in accordance with the regulatory arrangements for the use of State budget expenditure decided on by the Government or the Minister of Finance, 8); or
(b) if the school or establishment fails to comply with paragraph 4.
Application for grant, application for conclusion
(1) An application to grant a grant to a school for the next school year or an application to conclude a grant to an establishment for the next school year shall be submitted by the school or establishment authority to the school
(a) by 15 October; or
(b) within 30 days of receipt of the decision on inclusion in the network.
(2) The application contains:
(a) the name, address, identification number and account number of the school or establishment and its components;
(b) a copy of the valid decision to be included in the network;
(c) proof of registration in a commercial or other legal register and in the legal form of a registered legal person;
(d) the estimated total number of children and pupils (hereinafter referred to as "pupils") in the school year for which the grant is requested and the number of pupils in each class, for secondary and higher vocational schools in each field of study and teaching; for school canteens, the expected number of pupils consumed by type of school or establishment.
Contract to grant the installation subsidy
(1) In particular, the grant contract shall specify the activities for which the grant is granted and their scope, the number of pupils in the school year for which the grant is granted, the period for which the grant is granted and the amount of the grant fixed by a percentage in accordance with Article 5 (2).
(2) The School Office shall conclude a contract or inform the establishment authority of the reasons for the non-conclusion of the contract.
(a) by 30 November in the event that he has received an application pursuant to Article 3 (1) (a); or
(b) within 30 days of receipt of the request in other cases.
Amount of subsidy
(1) The grant to the school or establishment shall be determined according to the actual number of pupils in accordance with the statistical performance reports of the School (MŠMT) Series V for the school year concerned, but not more than the number specified in the decision on the classification of the school into the network, and the percentage of the standard established under the specific legislation. 9) For special schools and special or specialised classes of other schools, the grant will be increased by a supplement for the disability of pupils. The grant shall be granted only to pupils in the fields of study and teaching referred to in the applicable Network Classification Decision. The standards for the relevant calendar year shall be laid down by the Ministry from the norm of the preceding year, in accordance with changes in non-investment expenditure, with the exception of expenditure on wages and other personal expenditure and related insurance premiums for health insurance, social security and contribution to the State Employment Policy in the chapter of the Ministry contained in the State Budget for the year concerned, no later than 31 January, and shall be published in the Ministry Bulletin. The number of pupils includes foreigners who enjoy the same rights as nationals of the Czech Republic under special legislation.
(2) From the 1999 / 2000 school year, the percentage in daily studies is fixed for:
| a) | základní školu | 60 %, |
| b) | střední školu | 40 %, |
| c) | střední školu – nástavbové studium | 10 %, |
| d) | vyšší odbornou školu | 30 %, |
| e) | základní uměleckou školu | 30 %, |
| f) | 70 %, | |
| g) | speciální mateřskou školu, speciální výchovné zařízení a dětský domov | 60 %, |
| h) | mateřskou školu, domov mládeže, školní družinu a školní jídelnu | 30 %, |
| i) | ostatní zařízení | až 30 %, |
| j) | příplatek na zdravotně postižené ve | 70 %, |
| k) | příplatek na zdravotně postižené ve speciálních zařízeních | 60 %, |
| l) | příplatek na zdravotně postižené ve speciálních třídách | |
| základních škol | 30 %, | |
| středních škol | 20 %, | |
| mateřských škol | 20 %. |
(3) The percentage for daily studies, which are carried out according to individual study plans, with the exception of the individual study plans of pupils of special secondary schools, is 5% of the standard of the relevant subjects and forms of study.
(4) There is no grant for non-daily study in secondary and higher vocational schools.
Increase in subsidy
(1) The percentage set out in Article 5 (2) may be increased overall,
(a) where a contract is concluded between the Ministry or the School's mandated office and the School within the time limit referred to in paragraphs 6 and 7 to increase the grant, up to a maximum of:
| 1. | u | 100 %, |
| 2. | u | 100 %, |
| 3. | u základní, střední nebo vyšší odborné školy na | 90 %, |
| 4. | u základní umělecké školy na | 70 %, |
| 5. | u příplatku za postižení ve speciálních třídách základních a středních škol na | 45 %, |
| 6. | u střední školy – nástavbové studium na | 40 %, |
| 7. | u studia podle individuálních studijních plánů na | 30%, |
(b) where, within the time limit referred to in paragraph 6, a contract is concluded between the educational authority and the establishment, at the most,
| 1. | u speciální mateřské školy, speciálního výchovného zařízení a dětského domova, u domova mládeže a školní jídelny, v případě, že není jiná možnost zajištění ubytování nebo stravování dětí a žáků, na | 90 %, |
| 2. | u ostatních zařízení na | 70 %, |
| 3. | u příplatku na zdravotní postižení u speciálních tříd mateřské školy na | 35 %, |
from a normative adapted to the conditions of the district.
(2) Where an establishment otherwise establishes a municipality, the percentage referred to in paragraph 1 shall not exceed 100% of the non-investment costs of a pupil in a comparable type and type of establishment established by the municipality adapted to the conditions of the district.
(3) The grant may only be increased for daily studies if the school or establishment fulfils the following conditions:
(a) receives a subsidy pursuant to Article 5 (2);
(b) if the primary school, preschool or school establishment serves them, it shall demonstrate the positive opinion of the municipality that the school or establishment carries out an irreplaceable function at a given place which should otherwise be provided by the school or establishment established by the municipality;
(c) if the day-to-day extension studies are carried out by graduates of secondary vocational education, the School shall conclude a contract with the School Office on the number of pupils accepted by each field of study and shall respect that number in the given school year;
(d) if it is a multi-annual school, the School shall conclude a contract with the School Office on the number of pupils admitted to each field of study and shall respect that number in the given school year.
(4) A contract to increase the grant may be concluded with a school or establishment for one school year if, for at least one school year, they have been included in the network and provided education and education in accordance with their inclusion in the network. Where more than one school or establishment or establishment is established as one legal person, compliance with the conditions for each school or establishment shall be assessed separately.
(5) The percentage set out in Paragraph 5 (2) may be increased under the following conditions and to the following amounts:
| a) | hodnocení České školní inspekce v běžném školním roce nebo v předchozích 2 školních letech je podle stupnice | |
| 1. vynikající, a to o | 15 %, | |
| 2. nadprůměrné a spíše nadprůměrné, a to o | 10 %, | |
| 3. průměrné, a to o | 5 %, | |
| b) | škola nebo zařízení je obecně prospěšnou společností, a to o | 25 %, |
| c) | škola nebo zařízení má jinou právní formu a zaváže se ve smlouvě o poskytnutí zvýšené dotace k vynaložení celého svého zisku za příslušný kalendářní rok na výdaje a vzdělávání, běžný provoz, popřípadě u | 25 %, |
| d) | výše školného na žáka a školní rok nepřesáhne 80 % vyhlášených finančních normativů podle § 5 odst. 1, a to o | 5 %, |
| e) | není školou nebo zařízením stanoveno žádné školné, a to o | 5 %, |
| f) | doloží kladné stanovisko úřadu práce o možnosti uplatnění absolventů škol na trhu práce podle jednotlivých studijních nebo učebních oborů, a to o | 10 %. |
(6) The establishment or school of which the establishment is part shall submit an application for a contract to increase the grant for the next school year, together with evidence that the conditions laid down have been met, to the School Office by 15 October. After determining the percentage of the grant by the School Office, a grant contract or increased subsidy shall be concluded by 30 November.
(7) The school submits an application for a contract to increase the grant for the next school year, together with proof that the conditions laid down have been met, to the school authority by 31 January. The percentage of the increased subsidy shall be determined by the Ministry or by the School Office by 15 March. Where a school brings together more than one component or is to include more than one course of study or teaching, the percentage increase shall be determined for each component, study or teaching. The grant increase contract shall be concluded by the School Office with the School by 31 March.
Granting
(1) The subsidy is granted for the school year in advance for each quarter of the calendar year at the latest on the last day of the first month of the quarter. The annual amount of the grant shall be determined in accordance with Articles 5 and 6 (4) and (5).
(2) If the number of pupils in accordance with § 5 (1) is different from that indicated in the contract under § 3, 4 and 6, the number of pupils in accordance with § 5 (1) is decisive for determining the amount of the grant.
(3) If there is a change in the number of pupils in the course of the school year compared to the number for which the grant is granted, the school or establishment shall immediately notify that fact and prove to the school 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 Article 2 (3) (a).
(4) If, during the school year, the Czech School Inspectorate or another inspection body finds serious shortcomings in the activities of the school or establishment, the Ministry may withdraw from the contract if no other agreement is reached. If the school or establishment fails to make a profit on the costs of education and training, normal operation, or, where applicable, in the case of special schools and establishments, as well as rehabilitation certified by an authorised person, 12) and not later than 31 March of the following calendar year, the Ministry may withdraw from the contract; the increased subsidy granted in this case is subject to the provisions of a special legislation. 13)
Transitional provisions
(1) In the 1996 / 1997 school year, schools are awarded grants in accordance with existing regulations. 10)
(2) The application for a grant and the application for an increase in the grant contract for the school year 1997 / 1998 are submitted by the school to the school authority before 28 February 1997. The Ministry or the school authority responsible shall conclude a contract to increase the grant to a school in accordance with § 6 (1) (a) or (b) or inform the school of the reasons for not concluding a contract to increase the grant until 30 April 1997.
(3) Schools, with the exception of schools de-limited from the Ministry of Economic Affairs and the Ministry of Health, will be paid grants for September to December 1996 together with grants for the first quarter of 1997.
(4) In secondary schools, the follow-up after-school studies, to which pupils at secondary medical schools were admitted no later than the 1996 / 1997 school year, for other schools no later than 1 September 1995, shall finance 50% of the grant of the daily study.
(5) In the 1996 / 1997 and 1997 / 1998 school years, the grant contracts remain in force for equipment concluded under the current rules. 11)
Repeal
They shall be deleted:
1. the Decree of the Government of the Czech Republic No. 379 / 1990 Coll., on the grant of grants to private schools,
2nd Decree of the Government of the Czech Republic No. 245 / 1993 Coll., laying down the conditions and amount of the grant of grants to private pre-school institutions and private school establishments.
Efficacy
This Regulation shall enter into force on 1 January 1997.
Prime Minister:
Prof. Ing. Klaus CSc.
Minister for Education, Youth and Sports:
Ing. Pilip v. r.
1) Paragraph 5 (3) (d) of the ČNR Act No. 576 / 1990 Coll., on Rules of Management of the Budget Funds of the Czech Republic and the Municipality of the Czech Republic (Budget Rules of the Republic), as amended by Act No. 57 / 1995 Coll.
2) § 57a (1) of Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended by Act No. 138 / 1995 Coll.
3) § 13a (2) of Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended by Act No. 139 / 1995 Coll.
4) Act No. 76 / 1978 Coll., on school establishments, as amended by Act No. 31 / 1984 Coll., Act No. 390 / 1991 Coll., Act No. 190 / 1993 Coll. and Act No. 138 / 1995 Coll.
5) Article 45 (8) of Act No. 76 / 1978 Coll., on school establishments, as amended by Act No. 138 / 1995 Coll.
6) § 17e (2) of Act No. 564 / 1990 Coll., as amended by Act No. 139 / 1995 Coll.
7) Paragraph 17e (3) of Act No. 564 / 1990 Coll., as amended by Act No. 139 / 1995 Coll.
8) Article 13 (3) of Act No. 576 / 1990 Coll.
9) Paragraph 12 (4) (f) of Act No. 564 / 1990 Coll., as amended by Act No. 139 / 1995 Coll.
10) § 23 paragraph 1 of the ČNR Act No. 564 / 1990 Coll. Decree of the Government of the Czech Republic No. 379 / 1990 Coll., on providing grants to private schools.
11) Article 45 (8) of Act No. 76 / 1978 Coll., as amended by Act No. 138 / 1995 Coll. Decree of the Government of the Czech Republic No. 245 / 1993 Coll., laying down the conditions and amount of grants provided by private pre-school institutions and private school establishments.
12) Act No. 524 / 1992 Coll., on auditors and Chamber of Auditors of the Czech Republic, as amended.
13) Act No. 576 / 1990 Coll., as amended.
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Regulation Information
| Citation | Government Regulation No. 324 / 1996 Coll., laying down the conditions and amount of grants to private schools, preschool and school establishments |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1996 |
|---|---|
| Effective from | 01.01.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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