Act No. 472 / 2011 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 01.01.2012
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472
THE LAW
of 20 December 2011
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., on pre-school, primary, secondary, 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., Act No. 624 / 2006 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., Act No. 189 / 2008 Coll.
1. in § 8a (1) (a), the words "except for the school referred to in § 34 (8)" shall be inserted after the words "school type."
2. Paragraph 12 (2) reads as follows:
"(2) The school's own evaluation is the starting point for the preparation of the annual report on the school's activities. ';
3. In Paragraph 20, paragraph 6 is inserted after paragraph 5:
"(6) The Regional Office shall carry out the activities referred to in paragraph 5 (a) also for other foreigners."
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
4. In Article 24, the sentence "If the nature of the case so permits, the school director shall, in good time, notify the reasons for the announcement of the day free of charge to the organiser and publish them in a manner that allows remote access. '
5. In Article 26, the words "in the case of vocational training and practical practice in practical training, no more than 40 compulsory teaching hours per week 'shall be added at the end of the text of paragraph 2.
6. in Paragraph 28 (1) (e), the words "school self-evaluation report," shall be deleted;
7. Paragraph 28 (4) to (6), including footnote 18, reads:
"(4) The record or change of the data in the school matrix shall be made immediately after the relevant event. Schools and educational establishments shall be entitled to provide documentation and school matrices data to persons who prove their entitlement by an authorization provided for by this or by special law (18).
(5) The Ministry, or, where appropriate, the legal person established by it, brings together for statistical purposes and for the purposes of carrying out other duties provided for by this Act, data from the documentation of schools and educational establishments and school matrices, with the exception of those referred to in points (g) and (i) of paragraph 2 and points (c) and (f) of paragraph 3; the data referred to in points (f) and (d) of paragraph 2 shall be collected in an anonymous form. The legal persons carrying out the activities of schools and school establishments shall transmit the documentation and school matrices to the Ministry or, where appropriate, to the legal person established by it. The legal persons carrying out the activities of schools and educational establishments which are not set up by the Ministry shall also transmit these data in the form of statistical information to the Regional Office, in the case of schools and educational establishments set up by the Municipality or by a association of municipalities also to the Municipal Office of the Municipality with extended competence.
(6) The Ministry shall lay down the conditions, scope, form and manner for the management of school documentation and school matrices and the scope, form, manner and dates of transmission of school and school documentation data and school matrices referred to in paragraph 5.
18) For example, Section 8 of the Penal Code. "
8. In Article 29, at the end of paragraph 2, the sentence "The Ministry shall provide for measures to ensure the safety and health of children, pupils and students in education in schools and educational establishments and in related activities. '
9. In Paragraph 34, paragraphs 8 to 10 are added:
"(8) The establishment may designate a parent school or a separate place of work to educate the children of the staff of the establishment or of another employer. Paragraphs 2 to 4 and Paragraph 35 (1) shall not apply to such a parent or separated establishment. The Director shall decide on admission to such a parent school or a separate place of work on the basis of the criteria laid down by the founder, the State, the county, the municipality or the municipality, and, in other cases, on the basis of the criteria laid down in the internal rules of the legal person operating the school. The criteria for admission to a parent school shall be published in advance in a manner that allows remote access.
(9) Where a child is regularly educated in a nursery school for a shorter period than that in which he is trained, another child may be educated in the remaining period without including the number of children in the nursery school for the purpose of assessing compliance with the maximum permitted number of children registered in the school register and school establishments referred to in Article 144 (1) (e).
(10) In the months of July and August, children from another kindergarten may be admitted to a nursery school for a maximum period of time for which another school has interrupted operations. The admission of children under the first sentence shall not be subject to the maximum permitted number of children registered in the register of schools and establishments referred to in Article 144 (1) (e), but the head of the parent school shall ensure that the number of children participating in education at the same time does not exceed the maximum permitted number of children. '
10. In Paragraph 37 (1), the words "or expert doctor 'are replaced by the words" and expert doctor or clinical psychologist'.
11. in Paragraph 38 (1) (c):
"(c) in a foreign school carrying out education in the territory of the Czech Republic according to a foreign educational programme established in the Czech Republic by a foreign State, a legal person established outside the Czech Republic or a foreign national who is not registered in the register of schools and educational establishments and, by reason of the application of the content of the foreign educational programme, does not apply for registration in the register of schools and educational establishments in which the Ministry has authorised compulsory schooling in the relevant school year; or"
12.Paragraph 38 (5) reads as follows:
"(5) A student performing compulsory schooling at the school referred to in paragraph 1 (a) or in the manner referred to in paragraph 2 may, at the request of the legal representative, take examinations from selected subjects at the school referred to in paragraph 3 or at the school at the diplomatic mission of the Czech Republic; if the pupil does not carry out these examinations, the legal representative of compulsory education shall provide evidence to the school referred to in paragraph 3 in the manner laid down in the implementing legislation. Pupils who perform compulsory schooling at the school referred to in paragraph 1 (c) shall take examinations from selected subjects at the school referred to in paragraph 3. ';
13. In Paragraph 38 (7), the words "and the way in which compulsory schooling is carried out 'shall be inserted after the word" examinations'.
14. The following Sections 38a and 38b are inserted after Section 38:
Authorisation for compulsory schooling in a foreign school
(1) The compulsory schooling provided for in Article 38 (1) (c) is authorised with effect from 1 September of the school year following the application for a maximum period of 5 years.
(2) An application for compulsory education is submitted to the Ministry by the school referred to in § 38 (1) (c) by 31 January preceding the school year in which the authorisation is to take effect. If the school is not set up as a legal person, a request shall be made by its founder.
(3) The application shall be accompanied by:
(a) the document or documents certifying the formation, legal status, business name, registered office and subject matter of the activity of a legal person, if the activity of the school is to be carried out by the legal person concerned, or the document or documents certifying the formation and subject matter of the school's activities and establishment, the legal status, the business name, the registered office and the subject matter of the school's establishment, if the school is not established as a legal person; in the case of a school established on the territory of the Czech Republic in a diplomatic mission or consular office of a foreign state, a document or documents certifying the formation and subject matter of the school's activities,
(b) the training programme under which pupils will perform compulsory schooling;
(c) a document issued by the highest government authority in the field of education or by another competent authority in the competent foreign State showing that the foreign educational programme referred to in point (b) is the same as that of the same school in force in the territory of that foreign State or that the school is considered to be part of its educational system in that foreign State or that the school is a member of an organisation of foreign or international schools by which the documents issued to achieve education are granted legal effects in that foreign State without prior verification or recognition of their equivalence;
(d) the models of any report or other evidence of education issued by the school in the language of instruction;
(e) proof of the applicant's competence to provide training;
(f) a framework description of the staff and material security of teaching, documents certifying the applicant's right of use to the premises in which the teaching will take place and documents certifying that these premises can be used for the purpose in accordance with the legislation;
(g) an indication of the maximum number of pupils at the proposed teaching place.
(4) The documents referred to in paragraph 3 (a), (c) to (f) shall be presented in the original or an officially certified copy. The documents referred to in paragraph 3 shall be accompanied by an officially certified translation into the Czech language.
(5) The Ministry will not accept an application for compulsory school leave under § 38 (1) (c) if:
(a) the authorisation would be contrary to the long-term objective of education and development of the education system in the Czech Republic or to the long-term objective of education and development of the education system in the region;
(b) the activity of a foreign school is not necessary to ensure the performance of compulsory education;
(c) training under the training programme attached to the application would be a major conflict with the framework training programmes; the teaching of the Czech language and literature is not assessed for these purposes,
(d) the training programme attached to the application conflicts with the legal order of the Czech Republic, with the objectives and principles of education set out in Section 2; or
(e) the school does not have comparable conditions for carrying out training under the curriculum attached to the application for material or personnel security in respect of the activities of the schools, registered in the school register and the school establishment.
(6) The school referred to in § 38 (1) (c), or if the school is not established as a legal person, its founder, is obliged to:
(a) to inform the legal representatives of all pupils of the school with a permit and the legal consequences associated with the fact that pupils covered by compulsory education under § 36 (2) will perform compulsory education as referred to in § 38 (1) (c);
(b) register the address of the school or other school registered in the school register chosen by the legal representative of the pupil for pupils covered by Paragraph 38 (4);
(c) to notify the Ministry of Justice of changes to all the information on the basis of which the authorisation was issued;
(d) publish the full text of the school's external curriculum in the language of instruction and in the Czech language, if the language of instruction is not Czech;
(e) provide the Ministry, upon request, with information relating to the performance of compulsory schooling at the school.
(1) Authorisations for compulsory schooling in schools under § 38 (1) (c) may be revoked by the Ministry's decision if:
(a) one of the facts referred to in § 38a (5) (c) to (e) occurs;
(b) the school or its founder infringes the obligation laid down in Paragraph 38a (6); or
(c) the school carries out teaching in premises for which it has not provided the documents referred to in Article 38a (3) (f).
(2) Authorisations for compulsory schooling at school under § 38 (1) (c) shall be revoked by the Ministry by decision if:
(a) the school shall cease to satisfy the conditions laid down in Paragraph 38 (1) (c);
(b) the school does not provide the pupils carrying out compulsory education with the training programme referred to in the application under § 38a (3) (b);
(c) the number of pupils to whom the school provides teaching exceeds the number specified in the application under Paragraph 38a (3) (g);
(d) the documentation of the school does not allow verification that the reasons referred to in (b) and (c) are not given; or
(e) the school concerned or, where appropriate, its principal, if the school is not established as a legal person, shall request cancellation. "
15. In Article 49, paragraph 4 is added, including footnote 22a:
"(4) If a pupil who has been assigned to alternatededucation by a court decision 22a) carries out compulsory schooling alternately in two primary schools, he shall be given a certificate from the primary school in which he began his education before, unless a second school has been designated by agreement of the parents or by decision of the court. In assessing the results of the pupil's education for the half-year of the school year, the school which will issue the certificate shall take into account the evaluation of the results of the pupil's education by the second school. The teachers of the schools in which the pupil is first trained shall agree among themselves the rules of cooperation between the schools in the education of the pupil. If the Director decides on the matters referred to in Paragraph 165 (2), he shall request the opinion of the Director of the second school before the decision is taken. Decision-making under Paragraph 41 is the responsibility of the principal of the primary school, which gives the pupil a certificate.
22a) § 26 (2) of Act No. 92 / 1963 Coll., on Family, as amended. '
16. Paragraph 51 (5) is deleted.
17. in Article 58 (5), the words "and secondary education with a certificate" shall be inserted after the words "secondary education with a certificate, and secondary education with a certificate and secondary education with a graduate examination."
18. in Paragraph 60 (5):
"(5) Applications for secondary school education for the first round of admission procedures shall be submitted by an elderly candidate or legal representative of a minor candidate to the Director of the secondary school concerned, on the form prescribed by the Ministry and within the time limit laid down in Section 60b. In the case of applicants with an ordered constitutional education or imposed protective education, the application may, where necessary, be lodged by the Director of the appropriate establishment for the performance of constitutional or protective education. The director of a school establishment for the performance of a constitutional or protective education must inform the legal representative of that pupil without delay. '
19. Paragraph 60 (7) reads:
"(7) For the first round of admission to the daily form of education, the applicant may submit two applications. For the first round of the admission procedure for one field of education held within one school, if the school director decides to take the entrance examination, the examination may not be carried out on several different dates in which the entrance examination is held. '
20. Paragraph 60 (16) reads as follows:
"(16) The school director shall terminate the evaluation of candidates within 3 working days after the deadline for the entrance examinations. According to the results obtained by the individual tenderers in the recruitment procedure, the school director shall establish their ranking and publish a list of the candidates accepted and of the non-accepted candidates or legal representatives of the minor candidates who are not admitted. ';
21. In Paragraph 60 (17), the words "the Director of the School shall send a decision to accept or not to accept a candidate or the legal representative of a minor tenderer" shall be replaced by the words "the Director of the School shall publish the list of candidates accepted and the non-accepted candidates or legal representatives of minors who have not received a decision to accept."
22. In the first sentence of Paragraph 60 (18), the words "the outcome of the admission procedure 'are replaced by the words" non-admission to education'.
23. Paragraph 60 (20) reads:
"(20) A candidate or legal representative of a minor candidate must, upon notification of the decision, confirm the intention of the applicant to be educated in that secondary school in accordance with § 60a."
24. in Paragraph 60a (1):
"(1) In order to confirm the applicant's intention to become a student of the relevant field of education in the secondary school concerned, the entry note is used. This provision shall not apply to studies under Sections 83 to 85 and to training under Sections 25 (2) (b) to (e). ';
25. in Paragraph 60a (2):
"(2) A candidate who is a primary school student will receive a registration card at that primary school by 15 March or 30 November at the latest if he applies for an education course with a talent test. In other cases, at the request of the applicant or his legal representative, the Regional Office responsible for the place of permanent residence of the applicant, for foreigners according to the place of residence in the Czech Republic or, where applicable, the head office of the school where the applicant applies if he does not reside in the Czech Republic. When issuing the registration, the Regional Office shall verify the identity of the candidate or his legal representative. ';
26. in Paragraph 60a (6):
"(6) The applicant or the legal representative of a minor candidate shall confirm his intention to education at the secondary school concerned by submitting the entry note to the principal of the school who has decided to accept it, no later than 10 working days after the date of notification of the decision. The entry note shall also be deemed to have been surrendered in due time if it has been transmitted for transport by the postal service operator within that period. In the case of applicants with an ordered constitutional education or imposed protective education, the intention to educate the director of the relevant educational establishment for the performance of constitutional or protective education may be confirmed where necessary. ';
27. in Paragraph 60a (7):
"(7) If the applicant or the legal representative of a minor tenderer does not confirm the intention to train in a secondary school referred to in paragraph 6, the final day of the period referred to in paragraph 6 shall cease to be the legal effects of the decision to accept that candidate for education at that secondary school. The entry note may be used only once; This does not apply where the applicant wishes to apply the registration card at the school where he was admitted following an appeal. ';
28. In Paragraph 74 (7), the second sentence is replaced by the following: "Appointment shall be valid for examinations held in a given calendar year. The Regional Authority may limit the number of test boards for the term of the repair tests and replacement tests and appoint a pupil at the school to a different commission from the one before which he or she should have taken the test in due course; in such a case, the appointment of the Chairman of the Examination Board shall cease to be valid before which neither corrective or replacement tests will be carried out; the Regional Office shall inform the School Director and the Chairman of the Examination Committee by 30 June at the latest. ';
29. in Paragraph 78a (4):
"(4) The pupil may take part in a common part of the graduation exam if he has successfully completed the final year of secondary education. '
30. Paragraph 79 (3) reads:
"(3) The school director shall determine, in accordance with the implementing legislation, the offer of compulsory and optional examinations under the framework and school training programme, including the form and subjects of such examinations, and publish this decision in a publicly accessible place at the school and in a way that allows remote access, no later than 7 months before the first test of the profile part of the graduation exam. ';
31. in Paragraph 79, paragraph 7 shall be deleted;
Paragraph 8 shall become paragraph 7.
32. in Paragraph 80 (2):
"(2) The Ministry establishes the Centre for the Survey of the Results of Education (hereinafter referred to as" the Centre ") as a state contribution organisation under the Act on the Property of the Czech Republic and on its presentation in legal relations (4) and under Section 169."
33.In Paragraph 80 (3) (h):
"(h) appoint and reward the Commissioners and evaluators of written work;"
34. in Paragraph 80 (5) (b), the words "and evaluators" shall be deleted;
35. in Paragraph 80 (5) (c), the word "others" shall be deleted;
36. In Paragraph 80a (1), the sentences of the second and third are replaced by the sentences of "The Trial Graduate Board is appointed for each class and field of education or for several classes or more fields of education if pupils are educated in the same group of fields of education. In the case of a joint oral part sub-test, the evaluation committee shall also be a member of the examination committee. ';
37. in Paragraph 80a (5):
"(5) The evaluators of the written work shall evaluate the sub-examinations of the common part of the final examination in writing. The evaluator of the written work may not evaluate the written work of the pupils of the school in which he is a pedagogical worker. ';
38. in Paragraph 80b (1):
"(1) The award of the common part of the graduation examination and the individual examination referred to in Article 113 (2) (a), as well as any part thereof, of the information shall be publicly inaccessible from the moment the Centre is designated as such information until it is published in accordance with the procedure laid down in the implementing legislation."
39. In Paragraph 80b, the following paragraph 2 is inserted after paragraph 1:
"(2) In addition, the Centre may, in accordance with the implementing legislation, designate it as not publicly accessible.
(a) information on the measures taken to ensure the protection of information which is not publicly available pursuant to paragraph 1;
(b) information on how to prepare and select tests and partial tests for the common part of the graduation examination and the individual tests referred to in Article 113 (2) (a), up to the last day of the relevant test period,
(c) information on processes ensuring the storage and handling of information which is not publicly accessible; or
(d) information on which persons are entitled to acquaint themselves with information which is not publicly accessible, which creates and implements measures to ensure the protection of information that is not available to the public, shall participate in the preparation of the tests and partial tests of the common part of the graduation examination and of the individual tests referred to in Article 113 (2) (a), or shall provide for the treatment of information which is not publicly accessible, up to the last day of the relevant trial period. "
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
40. Paragraph 80b (5) reads as follows:
"(5) Only the Director or Head of the Centre, in the case of the Director or Head of the Centre and other natural persons, may waive the duties of confidentiality of the Centre's staff. '
41.Paragraph 81 (1) reads as follows:
"(1) The student takes the final exam at the school he is a pupil on the basis of an application submitted to the school director. A pupil who transmits to another secondary school after applying for a graduation is held a joint part of the graduation exam at a school established by the Centre. If a student takes an examination after the end of the school year, in which he was due to complete secondary education, he shall take it on the basis of an application submitted to the principal of the school in which he successfully completed the last year of education, the part-examinations in the form of a didactic test and written work being carried out at a school established by the Centre. The school director shall arrange for the transmission of data from the Centre's applications, including pupils' birth numbers, and, if the student's birth number has not been assigned, the name and surname of the pupil and the date and place of birth. '
42. In Paragraph 81, the following sentence is added at the end of paragraph 2: "If the pupil is taking a repair or replacement test, only the part of the test in which he has failed or failed. If the pupil has applied for a correction test at a different level of difficulty, he shall repeat the whole test. '
43. In Paragraph 81 (11) (b), the words "and the rules for the remuneration of the Presidents of the Examination Grades, Commissioners, contracting entities and evaluators" shall be replaced by "the Presidents of the Examination Grades, Commissioners, contracting entities and evaluators, and the rules for the remuneration of the Chairmen of the Examination Grades, Commissioners and evaluators of written works."
44. in Paragraph 82 (3), "10" is replaced by "30."
45. in Paragraph 89 (1), the words "dance after the eighth year" are replaced by the words "for the six-year conservatory education programme and for the eighth year for the eight-year conservatory training programme."
46. In Article 108, paragraphs 6 and 7 are added:
"(6) The Ministry shall keep a list of the applications procedures referred to in paragraph 1. The regional authorities shall enter the following in the list:
(a) the name, surname and date of birth of the applicant;
(b) the indication of the foreign certificate to which the application relates, including the name and registered office of the school which issued it, and the State under whose law it was issued;
(c) details of the outcome of the procedure for recognition of equivalence or for novification, indicating the administrative authority which issued the certificate or decision and the file mark under which the certificate or decision is kept.
(7) The information contained in the list referred to in paragraph 6 shall be provided by the Ministry, at the request of the Regional Office and for the purpose of the admission procedure, to a university or a higher vocational school. "
47. In § 119, the sentence "School catering facilities may also provide school meals during school holidays is inserted after the first sentence."
48. In Paragraph 123 (2), the second sentence is replaced by the following: "Education in the final year of the kindergarten set up by the State, Region, Municipality or Municipality shall be granted free of charge to the child for a maximum period of 12 months. The limitation of the validity of pre-school education to 12 months shall not apply to children with disabilities. Training in the primary school preparatory class and in the primary school preparatory stage shall be provided free of charge in the case of schools established by the State, Region, Municipality or Municipality. '
49. In the third sentence of Paragraph 123 (4), the words "or with disabilities' shall be inserted after the words" students with social handicaps'.
50. in Article 131 (3), the words "and in accordance with the procedure laid down in Article 166" shall be replaced by the words "laid down in Article 166 (1)."
51. in Paragraph 132 (1), the following point (c) is inserted after point (b):
"(c) approve school education programmes of schools and educational establishments whose activities are carried out by a legal person of a school ';
Points (c) to (i) shall be renumbered (d) to (j).
52nd Paragraph 132 (1) (j) reads:
"(j) approve allocations from improved management results to the funds of the educational legal entity.";
53.In Article 132 (2), the following point (c) is inserted after point (b):
"(c) free of charge to transfer property rights to movable property,"
Points (c) to (e) shall be renumbered as points (d) to (f).
54. in Article 133 (1) (f):
"(f) grants to cover expenditure which is or is to be covered by the budget of the European Union, including a fixed proportion of the State budget to finance such expenditure,";
55. in Article 133 (1), the following point (g) is inserted after point (f):
"(g) grants to cover expenditure under international agreements whereby the Czech Republic is entrusted with funds from the European Economic Area Financial Mechanism, the Norwegian Financial Mechanism and the Swiss-Czech Cooperation Programme,"
Point (g) shall be renumbered as point (h).
56. in Paragraph 133, the following paragraph 2 is inserted after paragraph 1:
"(2) Where the funds provided under paragraph 1 (f) and (g) are not used up by the end of the calendar year, they shall be transferred to the reserve fund as a source of financing in subsequent years and may only be used for the purpose specified. ';
Paragraph 2 shall become paragraph 3.
57. Paragraph 134 (2) reads:
"(2) The school legal entity shall constitute the result of the management by merging the result of the main activity and the profit from the additional activity after tax; the result of the management is generated after settlement of State budget funds. The legal person of the school uses the improved result of the economy as a priority to cover any loss from the main activity of previous years and to make up funds. '
58. In Section 135, the following paragraph 5 is added:
"(5) The legal person of the school shall be charged separately for the main activities and ancillary activities."
59. Paragraph 136 (1) is deleted.
Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
60. in Paragraph 136 (1), the comma shall be replaced by a dot at the end of point (c) and point (d) shall be deleted;
61. in Paragraph 136 (2), the dot is replaced by a comma at the end of point (c) and the following point (d) is added:
"(d) to provide donations, with the exception of gifts provided by a fund of cultural and social needs or another fund of money set up for social purposes, the benefit grants referred to in Article 30 (4) and the valuation referred to in Article 31 (1)."
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Regulation Information
| Citation | Act No. 472 / 2011 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 | 30.12.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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