Act No 343 / 2007 Coll.
Act amending Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended, and certain other laws
Valid
Law
Effective from 01.01.2008
Text versions:
01.01.2008
21.12.2007
343
THE LAW
of 27 November 2007
amending Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Education Act
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. 112 / 2006 Coll., Act No. 158 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 179 / 2006 Coll., Act No. 342 / 2006 Coll. is amended as follows:
1. Paragraph 20 (1) to (3), including footnote 13a to 13f, reads as follows:
"(1) Citizens of the European Union and their family members have access to education and education services under this law under the same conditions.
(2) Persons not referred to in paragraph 1 shall have access under the same conditions as citizens of the European Union:
(a) basic education, including in the performance of constitutional education and protective education, if they reside in the Czech Republic;
(b) for school meals and interest training provided at a school institution for interest education in regular daily attendance, provided that the pupils are primary school, the corresponding secondary school or the corresponding conservatory;
(c) secondary and higher vocational education, including in the performance of constitutional education and protection education, if they are legally resident in the Czech Republic;
(d) for pre-school education, basic artistic education, language education and school services under this Act, if they have the right to reside in the territory of the Czech Republic (13) for a period of more than 90 days (13a), or if they are persons authorised to reside in the territory of the Czech Republic for the purpose of research (13b), asylum seekers, persons enjoying supplementary protection13c), applicants for international protection13d) or persons enjoying temporary protection13e).
(3) The persons referred to in paragraph 2 (c) and (d) shall become children, pupils or students of the school or school establishment concerned under the conditions laid down in this Act, provided that the principal of the school or school establishment demonstrates, at the latest at the beginning of the education or provision of school services, the validity of his residence in the Czech Republic. The validity of residence in the Czech Republic is demonstrated by a document in accordance with special legislation13f).
13a) Article 10 (b) of Council Directive 2004 / 81 / EC of 29 April 2004 on residence permits for third-country nationals who are victims of trafficking in human beings or have received assistance for illegal immigration and who cooperate with the competent authorities.
13b) Article 12 of Council Directive 2005 / 71 / EC of 12 October 2005 on a special procedure for the admission of third-country nationals for scientific research purposes.
13c) Article 23 (2) and Article 27 of Council Directive 2004 / 83 / EC of 29 April 2004 on minimum standards to be met by third-country nationals or stateless persons in order to apply for refugee status or for a person in need of international protection for other reasons and the content of the protection provided.
13d) Article 10 (1) of Council Directive 2003 / 9 / EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers.
13e) Article 14 (1) of Council Directive 2001 / 55 / EC of 20 July 2001 on minimum standards for the granting of temporary protection in the event of a mass influx of displaced persons and on measures to ensure a balance between Member States in the exercise of their efforts in relation to the reception of such persons and the consequences thereof. Act No. 221 / 2003 Coll., on the Temporary Protection of Aliens, as amended.
13f) Act No. 326 / 1999 Coll., as amended. Act No. 325 / 1999 Coll., as amended. Act No. 221 / 2003 Coll., as amended. '
2. in Paragraph 28 (2) (a):
"(a) the name and surname, birth number or date of birth, if not the birth number of the child, pupil or student, citizenship, place of birth and place of permanent residence, or place of residence in the Czech Republic according to the type of stay of the stranger or place of residence abroad, if the child, pupil or student does not reside in the Czech Republic,"
3. in Paragraph 28 (3) (a):
"(a) the name and surname, birth number or date of birth, if the birth number has not been assigned to the child, pupil or student, citizenship and permanent residence, or place of residence in the Czech Republic according to the type of residence of the stranger or place of residence abroad, if the child, pupil or student does not reside in the Czech Republic,"
4. Paragraph 36 (2) reads as follows:
"(2) Compulsory schooling applies to citizens of the Czech Republic and citizens of another Member State of the European Union who stay in the Czech Republic for more than 90 days. In addition, compulsory schooling applies to other foreigners who are entitled to stay on the territory of the Czech Republic permanently or temporarily for more than 90 days and to participants in international protection proceedings 11)."
5. Paragraph 38 (6) reads:
"(6) The provisions of paragraphs 3 to 5 shall not apply to citizens of another Member State of the European Union who are temporarily resident in the Czech Republic for more than 90 days, and to other foreigners who are authorised to reside in the Czech Republic for a transitional period of more than 90 days, provided that they have completed compulsory schooling at the school referred to in paragraph 1 (c). ';
6. In Paragraph 160 (3), the words "Paragraph 20 (1) and (3) 'are replaced by" This Act'.
7. In Section 172 (8), the words "Section 20," are deleted.
8. In Paragraph 172, the following paragraph 9 is inserted after paragraph 8:
"(9) A person who is not a national citizen of the Czech Republic may be admitted to education in the field of military education or crisis management at a school established by the Ministry of Defence only with the prior consent of the founder; the agreement of the founder shall be sought by the principal of the school in the recruitment procedure. The founder shall be entitled to refuse consent under the previous sentence only for reasons of public policy or public security. ';
Paragraph 9 shall become paragraph 10.
9. In Section 183, paragraphs 6 to 10, including footnote 49 to 49e, are deleted.
10. The following Sections 183a and 183b are inserted after Section 183, including footnotes 49 to 49f:
(1
(2) The Ministry or, where appropriate, the legal person established by it, is entitled to use the birth numbers of applicants, children, pupils and students when collecting and processing data from school documentation and school matrices and when carrying out statistical surveys. For the purposes of the first sentence, the legal person carrying out the activities of a school or school establishment shall be required to provide the birth numbers of the applicants, children, pupils and students.
(3) The Ministry of the Interior provides the Ministry and the Regional Office for the purpose of maintaining the school register from the information system of the population register 49a) data on residents in electronic form in a way that allows remote access.
(4) The data provided pursuant to paragraph 3 shall be those relating to:
a) Czech Republic citizens 49b)
1. name (s), names (s), surname (s), surname (s),
2. date of birth,
3. the address of the place of permanent residence, including previous addresses of the place of permanent residence,
4. depriving or restricting legal capacity;
(b) foreigners resident;
1. name (s), names (s), surname (s), surname (s),
2. date of birth,
3. citizenship and, where appropriate, multiple citizenship,
4. type and address of residence,
5. Start of stay or date of termination of stay,
6. depriving or restricting legal capacity.
(5) The Ministry and the Regional Authority may further transmit, classify or combine the data provided from the information system of the population register for the purposes of maintaining the school register, to the extent referred to in paragraph 4, 49c) or block them if they are not accurate.
(6) Only such data as are necessary to fulfil the task may be used from the data provided in a particular case.
(1) In this law, a citizen of the Swiss Confederation and a citizen of the Contracting State of the Treaty on the European Economic Area are also considered to be a citizen of the European Union.
(2) In this law, a stranger who is not a citizen of the European Union is considered to be a family member of a European Union citizen and may reside in the Czech Republic because of his status
(a) a family member of a citizen of the European Union under the Act on the residence of foreigners in the Czech Republic;
(b) a person to whom the provisions of the Act on the residence of foreigners in the Czech Republic concerning family members of European Union citizens apply mutatis mutandis.
(3) The same rights and obligations as a citizen of the European Union have under this law:
(a) a long-term resident in the European Community in the territory of the Czech republity49d),
(b) a long-term resident in the European Community in the territory of another Member State of the European Union49e) to whom a residence permit has been granted in the Czech Republic (13);
(c) a person who has been granted a residence permit on the territory of the Czech Republic because of his status as a family member of a long-term resident in the European Community in the territory of another Member State of the European Union.
(4) The person who has derived his residence on the territory of the Czech Republic from the holder of an entitlement to merge the family 49f) has access to education and education services under the same conditions as the holder of that authorisation under this law.
49) Act No. 89 / 1995 Coll., on State Statistical Service, as amended.
49a) Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended.
49b) Act No. 40 / 1993 Coll., on the acquisition and renunciation of citizenship of the Czech Republic, as amended.
49c) § 4 (e) of Act No. 101 / 2000 Coll.
49d) Article 11 of Council Directive 2003 / 109 / EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents. Section 83 of Act No. 326 / 1999 Coll.
49e) Article 21 of Council Directive 2003 / 109 / EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents.
49f) Article 14 (1) (a) of Council Directive 2003 / 86 / EC of 22 September 2003 on the right to family reunification. '
Amendment of the Asylum Act
In § 80 (4) of Act No. 325 / 1999 Coll., on Asylum and Amendment to Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Asylum), as amended by Act No. 2 / 2002 Coll., Act No. 57 / 2005 Coll. and Act No. 165 / 2006 Coll., the first sentence is replaced by the sentence "Applicants for international protection have access to education under the conditions laid down by the Act 12c."
Footnote 12c reads:
"12c) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended."
Amendment to the Act on Temporary Protection of Foreigners
In Act No. 221 / 2003 Coll., on the Temporary Protection of Foreigners, as amended by Act No. 165 / 2006 Coll. and Act No. 112 / 2006 Coll., § 33 including footnote 13a read:
A foreign enjoying temporary protection shall have access to education under the conditions laid down in the Education Act 13a). For the purposes of university studies, a stranger enjoying temporary protection is in the same position as a citizen of the Czech Republic.
13a) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended. '
EFFECTIVE
That law shall take effect on the first day of the first calendar month following its publication.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 343 / 2007 Coll., amending Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.12.2007 |
|---|---|
| Effective from | 01.01.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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