Act No. 421 / 2023 Coll.
Act amending Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended
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Effective from 01.01.2024
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01.01.2024
29.12.2023
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421
THE LAW
of 29 November 2023
amending Act No 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), 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. 126 / 2008 Coll., Act No. 49 / 2009 Coll., Act No. 217 / 2008 Coll., Act No. 242 / 2008 Coll., Act No. 246 / 2008 Coll., Act No. 126 / 2008 Coll.
1. paragraphs 59 to 60g, including the headings, read:
"Admission to secondary school education
Conditions for admission to secondary education
(1) For secondary education, applicants who have completed compulsory education or have successfully completed basic education, unless otherwise provided for in this Act, and who have fulfilled the conditions for admission by means of a medical certificate, provided that a government regulation governing the education system and appropriate competences, knowledge and interests so provides, are eligible for admission.
(2) The Director of that School shall decide on the admission of a candidate to secondary education.
(3) For the purposes of admission to secondary education, the field of secondary education shall also:
(a) the same field of secondary education in different schools;
(b) the same field of secondary education with the different focus of the school curriculum;
(c) the same field of secondary education in different forms of education.
Organisation of the admission procedure
(1) Admission procedures for the first year of secondary education shall take place in individual rounds declared by the school director. The school director shall declare, for each round of admission to secondary education, the criteria for admission.
(2) A uniform examination shall be held in the admission procedure to the secondary education field with a graduate examination, unless otherwise specified. In the course of the secondary education admission procedure, in which the framework training programme provides for a talent test, with the exception of secondary education, the Gymnasium with sport preparation, and in the short study for secondary education with the graduation examination provided for in § 85, the uniform examination shall not take place.
First round of the admission procedure
Application
(1) For the first round of the admission procedure, the applicant may apply for up to 3 fields of secondary education without a talent test and 2 fields of secondary education with a talent test.
(2) The applicant shall submit the application to the secondary school. A legal representative shall apply for a minor candidate. In the case of applicants with an ordered constitutional education or imposed protective education, the application may be submitted, where necessary, by the Director of the relevant educational establishment for the performance of the constitutional education or protective education, informing the legal representative of the applicant without delay.
(3) The application can be submitted
(a) by means of an information system on the admission procedure on the basis of proof of identity using an electronic identification device
1. of an adult candidate,
2. the legal representative of a minor applicant; or
3. the last person referred to in paragraph 2,
(b) in the form of an extract obtained from the information system on the admission procedure without proof of identity using an electronic identification device; or
(c) on a form to be drawn up by the Ministry and published in a manner which allows remote access.
(4) The application submitted by the legal representative or person referred to in the third sentence of paragraph 2 shall include an affidavit from the filing of the application that the minor tenderer agrees to the submission and content thereof.
(5) The application shall include copies of the documents provided for in the implementing legislation, including a copy of the opinion on the fulfilment of the applicant's medical fitness conditions for the field of secondary education, provided that it is provided for by a government regulation governing the education system. The principal of the school may invite the party to submit the original or an officially certified copy of the document and the party to the proceedings shall be obliged to submit the document, otherwise the fact shall be deemed to be unproved.
(6) The translation of a document drawn up in a foreign language need not be officially certified. The principal of the school may, in case of doubt as to the accuracy of the translation, invite the party to submit an officially certified translation and the party to the proceedings shall be required to produce the document in question, otherwise the fact supported by the document translated shall be deemed to be unproved.
Order of fields of secondary education in application
(1) The applicant shall indicate in the application the order of the fields of secondary education in which he applies.
(2) The order given in the application expresses the priority choice of secondary education.
(3) After the deadline for filing the application, the order of secondary education cannot be changed.
Submission of the application through the information system on the admission procedure and the actions in the admission procedure
(1) The applicant who submits the application in accordance with Paragraph 60a (3) (a) shall complete one application form in the information system on the admission procedure and include in it documents for all fields of secondary education in which he is applied for. The date on which the applicant confirms the application in the information system for the admission procedure is the day on which the application is submitted to all fields of secondary education to which the applicant applies.
(2) If the application is filed in accordance with Section 60a (3) (a), the school director shall act in the recruitment procedure through the information system on the admission procedure. The first sentence shall not apply if the elderly tenderer or the person referred to in the second sentence of Paragraph 60a (2) or the last one informs the school director that he is not interested in doing the tasks of the school director in the recruitment procedure through the information system on the recruitment procedure. The tasks of the school director according to the first sentence do not include a signature or an electronic seal.
(3) In the case of operations referred to in paragraph 2, the date of service shall be the date on which the matured tenderer or the person referred to in Article 60a (2), second or last, enters the system, the date on which such service has the same legal effect as that of service in his own hands. If the person has not entered the information system on the admission procedure within 10 days of the date on which the document was made available in the information system on the admission procedure, that document shall be deemed to have been delivered in its own hands on the last day of that period.
(4) The applicant may take action in the recruitment procedure in the first instance through the information system on the admission procedure on the basis of proof of identity using an electronic identification device.
(5) The action referred to in paragraph 4 shall be made by confirming it in the information system on the admission procedure.
Submission of an application in the form of an extract
(1) The applicant who submits the application in accordance with § 60a (3) (b) shall complete one application form in the information system on the admission procedure and insert the documents referred to in § 60a (4) and (5) for each field of secondary education in which he is applied for.
(2) The applicant shall submit an application in the form of an extract obtained from the information system on the admission procedure to all schools in whose fields of secondary education it is applied for.
Submission of a form application
(1) A candidate submitting an application in accordance with § 60a (3) (c) shall submit an application for forms to all schools in whose fields of secondary education he is applying, together with the documents referred to in § 60a (4) and (5).
(2) On all applications for the applicant's form, the order of the fields of education must be identical.
Additional submission of documents
(1) A candidate who has not received proof of completion of compulsory education or of the degree of education to be submitted with an application shall submit it to the secondary school at the latest on the day on which he becomes a pupil. The first sentence shall apply mutatis mutandis to evidence of successful completion of the relevant year in accordance with Paragraph 61 (2).
(2) If the tenderer fails to submit the document in accordance with paragraph 1, the decision to accept shall cease to have legal effects.
(3) The Director of the School may, within the criteria of the admission procedure, set a later date for the submission of documents proving compliance with the criteria of the admission procedure which he has declared for the particular round of the admission procedure.
(4) If the tenderer fails to submit the document within the time limit referred to in paragraph 3, the fact shall be deemed to be unproven.
Content and form of acceptance tests
(1) The admission examinations shall verify the applicants' qualifications in the school and in the field of secondary education. The entrance exam may also include a school entrance exam.
(2) The content and form of the admission examination correspond to the framework training programme for basic education.
(3) The uniform exam consists of a written test of Czech language and literature and a written test of mathematics.
(4) The preparation of the award of tests shall be carried out by the Ministry or the legal person established by it and entrusted to it.
(5) Paragraph 80b shall apply mutatis mutandis to the award of single test tests as information which is not publicly available. ';
2. The following Sections 60h to 60n are inserted after Section 60g, including the headings:
Organisation of admission tests
(1) A candidate applying to at least one field of secondary education, to which a single examination is held, may take place twice. The candidate may take the school entrance exam or talent exam once in each field of secondary education to which he has applied.
(2) A candidate who, for serious reasons, did not appear on the proper date of the entrance examination and did not appear in writing within 3 working days at the latest, has apologized to the principal of the school in which the entrance examination was to take place, shall take the test within an alternate period. In this replacement period, a minor candidate and a candidate with an order for a constitutional education or imposed protection education shall also take the test which, for serious reasons, did not show up for the proper date of the entrance examination and his failure to participate in writing, within 3 working days at the latest, was excused by the principal of the legal representative of that candidate or, where appropriate, the director of the relevant school establishment for the performance of the constitutional education or protection education.
(3) The contracting teacher may exclude candidates from holding a single examination, a school entrance or a talent test if the candidate has seriously or repeatedly infringed the rules governing the examination or otherwise has seriously disrupted its course; the contracting teacher shall record in writing the reasons for the exclusion of the candidate in the school's documentation.
Method of evaluation of the results of the admission procedure
(1) The Director of the School shall evaluate the performance by the tenderer of the criteria of the admission procedure according to the results of the uniform examination as well as the results of the school entrance examination and the talent examination if they form part of the admission procedure.
(2) The school director may provide that he shall also assess compliance with the criteria of the admission procedure by the tenderer on the basis of assessments in previous training certificates or other facts which prove the appropriate ability, knowledge and interests of the tenderer.
(3) The evaluation of the single test accounts for at least 60% of the overall assessment of the applicant's compliance with the criteria of the admission procedure; in the case of admission to education, a Gymnasium with a sports preparation of at least 40%. Candidates include a better result from the written test of Czech language and literature and the written test of mathematics. Further evaluation of compliance with the criteria shall be determined by the school director. The school director may, in the framework of the criteria for admission, set the limit of success in the single test, in the school entrance test, in the talent test or in the overall assessment in the admission procedure, which the candidate must achieve as necessary the conditions for admission.
Result of the admission procedure
(1) The school director shall enter in the information system the final ranking of the applicants on the admission procedure.
(2) Where more than one tenderer than one tenderer can be accepted meets the criteria of the admission procedure, the ranking shall be determined in accordance with the results of the evaluation of the award criteria.
(3) If the applicant is in a position to be admitted to several fields of secondary education, he will be admitted to a field located in these fields of secondary education on the preferred order indicated in the application under Section 60b; the applicant will not be admitted to other fields of secondary education.
(4) The Ministry, or a legal person established by it and appointed by it, shall, in accordance with the results obtained by the applicants in the recruitment procedure and in accordance with the order of the fields of education in the application, inform the school director of the ranking of the applicants who will be accepted.
(5) The results of the admission procedure will be published by all secondary schools on the date specified by the implementing legislation. Decisions on admission or non-admission to training shall be notified by publication of a list of tenderers under an assigned registration number resulting from the procedure for each tenderer. The list shall also include evaluation of uniform examinations, school entrance examinations, talent tests and evaluation of other criteria if they are part of the admission procedure. The list shall be published in a publicly accessible place at the school and in a way that allows remote access in the information system on the admission procedure. The publication of the list shall make the decisions notified.
(6) The decision not to accept or accept education shall not be drawn up in writing in accordance with the administrative rules, shall not be declared and no record shall be made in the file. The file shall include the list referred to in paragraph 5.
Withdrawal of the right of admission
The applicant may waive the right of admission to a given field of secondary education. The renunciation of the right of admission to a given secondary education shall not give rise to the right of admission to other fields of education in a given round of admission procedures. The school director may fill the vacancy in the next round of the admission procedure.
Appeals
(1) An appeal may be lodged within 3 working days of the date of publication of the results of the admission procedure pursuant to Article 60j (5).
(2) The decision to take up training as a result of corrective and similar measures does not affect the admission of a candidate to another field of secondary education.
Second, third and next round of admission procedures
Second round of the admission procedure
(1) The School Director may issue a second round of admission procedures. If the school director determines the school entrance exam as part of the entrance procedure or if a talent test is part of the admission procedure, he shall set one due date for each examination. There's no replacement date.
(2) In the context of the evaluation of the results of the secondary education admission procedure with a graduate examination, the school director shall take into account the results of the uniform examination. The uniform test shall not take place in the second round. A candidate who has not performed a single examination in the first round of the admission procedure may not apply for the second round of the secondary education admission procedure, to which a single examination is held.
(3) In the second round of the admission procedure, the applicant who:
(a) has not been admitted to any field of secondary education in the first round; or
(b) waive the right of admission to secondary education after the first round within the deadline laid down by the implementing legislation.
(4) Unless paragraphs 1 to 3 provide otherwise, the second round of the admission procedure shall be treated in a similar manner to the first round.
Third and other rounds of admission procedure
(1) The School Director may declare a third and further round of the admission procedure.
(2) In assessing the results of the recruitment procedure, the school director may take into account the results of the uniform examination; determine at the same time the alternative assessment method in the case of tenderers who failed the single test. The uniform test shall not take place in the third and subsequent rounds.
(3) In the third and subsequent rounds of the admission procedure, the applicant may submit an application which:
(a) has not been admitted to any field of secondary education in the admission procedure for a given school year; or
(b) waive the right of admission to secondary education in the admission procedure for a given school year by the deadline laid down in the implementing legislation.
(4) The school director shall draw up and notify the decision in writing. An appeal may be lodged within 3 working days of the date of notification of the decision.
(5) Within 7 days of the date of notification of the decision, the applicant is obliged to confirm his intention to educate himself in the field of secondary education, if not for the procedure laid down in Paragraph 60l (2). The right to admission to a given field of secondary education shall cease to exist at the vain end of the period. The applicant can confirm his intention in only one field of secondary education; by giving up the right to enter this field of secondary education, the applicant is given the opportunity to confirm his intention in another field of secondary education.
(6) Sections 60a (1), (3) (a) and (b), 60b, 60c, 60d, 60g (3) to (5), 60h (1), first sentence, 60h (3) and 60i shall not apply to the third and second round, to the extent that the uniform test is concerned, Article 60j (1) and (3) to (6), Article 60k, Article 60l (1) and Article 62 (4).
(7) Unless otherwise provided for in paragraphs 1 to 6, the third and subsequent stages of the admission procedure shall be followed in a similar manner to those of the first round. ';
3. The heading "Common provisions' is inserted above Paragraph 61.
4. In Article 61 (3), "§ 60 to 60g 'is replaced by" § 60 to 60n'.
5. Paragraph 62, including the title, reads:
Information system on reception procedures and data transmission
(1) The purpose of the information system on the admission procedure is to transmit data between applicants, the school and the Ministry or the authorised person, to perform certain tasks in the admission procedure and to support other activities in the admission procedure.
(2) The Ministry is the administrator of the information system on the admission procedure.
(3) The School, Ministry or the authorised person and tenderers shall transmit the data referred to in the implementing legislation to and use the information system on the admission procedure.
(4) A school whose field of secondary education is indicated in the application as first in order shall transmit data from the application submitted on the form to the information system on the admission procedure; Other schools whose fields of secondary education are listed in the application confirm the data.
(5) The national standard for electronic file service systems shall not apply to the information system on the admission procedure; This does not apply in the case of a transaction protocol. ';
6. In Paragraph 63, the words "secondary education 'are replaced by the words" secondary education' and the words "secondary education 'are inserted after the words" relevant education'.
7. Paragraph 64, including the title, reads:
Authorisation provisions
The Ministry provides for an implementing act
(a) the terms and manner of the announcement of the admission procedure by the school director;
(b) the date, formalities and procedure for filing an application for secondary education, including the documents forming part of it;
(c) the particulars, dates and form of the invitation to the tenderer to take the examination;
(d) other detailed conditions of organisation, formalities and conduct of the admission procedure;
(e) the dates of the entrance examinations;
(f) the content and scope of the teaching and skills of tenderers certified in the single test;
(g) the method of entering, the form, duration and organisation of the single test;
(h) the method of marking the award of a single test for information which is not publicly accessible and the procedure for their disclosure, the range of persons authorised to acquaint themselves with information which is not publicly accessible, the rules on the protection of information which is not publicly accessible;
(i) the rules, scope, dates, manner and form of transmission of data in the information system on the admission procedure between the school and the Ministry or the authorised person and the method of data protection contained therein;
(j) the rules for adjusting the conditions for the admission examination of candidates with special educational needs;
(k) the rules for determining the school in which the tenderer performs the uniform examination;
(l) method and date of validation of the evaluation results by the school director in the information system;
(m) the formalities and date of publication of the results by the school director;
(n) the date by which the applicant has to waive the right of admission in a particular round in order to apply for the next round;
(o) details of admission to higher than first year. ';
8. In Paragraph 83 (1), the word "medium 'shall be inserted after the word" medium' and the word "medium 'shall be inserted after the word" branches'.
9. Paragraph 83 (3) reads as follows:
"(3) The provisions governing the admission to secondary education with a graduate examination shall apply to admission procedures to the superstructure. A single examination according to § 60 (2) is always part of the admission procedure to the superstructure study, if not the field of education with a talent test. In addition, the school director may provide for a school entrance exam to verify the teaching of other educational fields or the appropriate ability, knowledge and interests of the candidate; the content and form of the admission examination shall be determined in accordance with the common basis of the framework training programmes of secondary education, followed by the secondary education of subset studies. ';
10. in Article 84 (1) and (2) and in Article 85 (1) and (2), the word "medium" shall be inserted after the word "field."
11. In Paragraph 84, at the beginning of paragraph 2, the following sentence is added: "The provisions governing admission procedures in the fields of secondary education shall apply, unless otherwise specified."
12. In Paragraph 85, the following sentence is added at the beginning of paragraph 2: "The provisions governing admission procedures in secondary education with a graduate examination shall apply, unless otherwise specified. The uniform examination shall not take place. 'and the words" medical fitness' shall be replaced by the words "who have fulfilled the conditions for being admitted by means of a medical certificate, provided that this is provided for by the Government Regulation governing the education system '.
13. in Paragraph 88 (1), the words "before compulsory education is completed" shall be deleted;
14. in Paragraph 88 (2):
"(2) The provisions governing admission to secondary education with a talent test shall apply to admission procedures in the Conservatory. ';
15. in § 172 (8), the text "§ 60," shall be deleted;
16. in Article 182a (1) (b), the words "Article 60g (5) or" shall be inserted after the word "after."
17. in Paragraph 183 (2):
"(2) The decision granting the application for admission to education, with the exception of secondary education, shall be notified by publication of the list of tenderers under the assigned registration number resulting from the procedure for each tenderer. The list shall be published in a publicly accessible place at the school and, in the case of a primary and higher vocational school, in a way which allows remote access, for at least 15 days and shall include the date of publication. The publication of the list shall be deemed to constitute a notified decision granting admission to education. ';
18. Paragraph 183 (3) is deleted.
Paragraphs 4 to 7 shall be renumbered paragraphs 3 to 6.
19. in § 183c, the text "§ 60b" is replaced by "§ 59 to 61."
Transitional provisions
1. If the Director of a secondary education with no talent test has announced the first round of the admission procedure for the school year 2024 / 2025 before the date of entry into force of this Act, this declaration may be amended by 31 January 2024. If the Director does not amend the notice, the notice shall be deemed to have been made pursuant to Act No. 561 / 2004 Coll., as effective from the date of entry into force of the Act.
2. The information system on the admission procedure shall be made available by 15 January 2024 at the latest.
3. The applicant's application for secondary education without a talent test submitted by 31 January 2024 shall not be taken into account. The Director of the secondary school concerned shall inform the applicant without undue delay of the consequences referred to in the first sentence.
4. The applicant may submit an application for secondary school education pursuant to Section 60a of Act No. 561 / 2004 Coll., as effective from the date of entry into force of the Act, not earlier than 1 February 2024.
5. The Director of a secondary education with a talent test or the Director of the Conservatory, whose field of secondary education is listed in the application submitted by 30 November 2023 as the first in order, shall forward to the information system on the admission procedure the missing information on the tenderers,
(a) who have applied for a secondary education course with a talent test or a conservatory by 30 November 2023; and
(b) where the field or fields of secondary education with a talent test on that date are not specified in the information system on the admission procedure;
The Director shall include the subjects of secondary education with a talent test in the first or first two positions in the order of the application submitted by 30 November 2023.
6. The Director of the secondary education with a talent test or the Director of the Conservatory mentioned in the second place application shall confirm the data on 28 February 2024. If the school director does not confirm the data, they shall be deemed to be confirmed.
7. A candidate who has submitted an application for secondary education with a talent test or a conservatory by 30 November 2023 shall have the right to change the order of all the subjects to which he has applied by 15 March 2024 by submitting a new application pursuant to Section 60a of Act No. 561 / 2004 Coll., as effective from the date of entry into force of this Act. The candidate in the new application cannot change the field he has applied to. The principal of the school, the subject of which is listed in the new application as the first in the order, shall transmit without undue delay information on the new ranking of the fields to the information system on the admission procedure. If the applicant does not submit a new application, the order in point 5 shall apply.
8. The principal of the secondary education with a talent test or the director of the conservatory, whose field of secondary education is listed in the application as first in order, shall without undue delay inform the applicant of the law according to point 7. The applicant who submitted the application in accordance with § 60a (3) (a) of Act No. 561 / 2004 Coll., as effective from the date of entry into force of this Act, shall receive a communication via the information system on the admission procedure.
9. The dates of the talent examination and the publication of the results of the talent examination and the dates of the school entrance exam in the field of secondary education with the talent examination and the conservatory are governed in 2024 according to existing legislation.
10. In addition to the field of training, the school director shall, by 15 February 2024, notify the candidate of the result of the school entrance exam, if any, and the application procedure and the information at which the candidate would have been placed in the context of the admission procedure if he fulfilled the criteria of the admission procedure, by publishing the list of candidates under the assigned registration number in a publicly accessible place at the school and in a way that allows remote access.
11. The admission procedure for secondary education with a talent test or conservatory for the school year 2024 / 2025, including the evaluation for which the applicant will be admitted, shall be completed in accordance with Act No. 561 / 2004 Coll., as effective from the date of entry into force of this Act.
REPEAL PROVISIONS
They shall be deleted:
1. Decree No. 353 / 2016 Coll., on Admission to Secondary Education.
2. Part Four of Decree No. 243 / 2017 Coll., amending Decree No. 48 / 2005 Coll., on basic education and certain formalities for compulsory education, as amended, and certain other regulations.
3. Part of the First Order No. 244 / 2018 Coll., amending Decree No. 353 / 2016 Coll., on Admissions to Secondary Education, as amended by Decree No. 243 / 2017 Coll., and Decree No. 27 / 2016 Coll., on the Training of Pupils with Special Educational Needs and Pupils Gifted, as amended.
4. Part Two of Decree No 233 / 2020 Coll., on certain specific rules for education in the context of exceptional measures for the outbreak of the Coronavirus SARS CoV-2.
5. Part Four of Decree No. 200 / 2021 Coll., amending certain regulations in connection with the establishment of fields of education in which secondary education with a certificate and secondary education with a graduate examination can be obtained.
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Regulation Information
| Citation | Act No. 421 / 2023 Coll., amending Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Information, Data, Data
Administrative law
Parliamentary Paper:
Paper No. 551
The regulation text is for informational purposes only.
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