Decree No. 492 / 2005 Coll.
Decree on Regional Standards
Valid
Order
Effective from 01.01.2006
492
DECLARATION
of 8 December 2005
on regional standards
The Ministry of Education, Youth and Sports provides, pursuant to § 161 (4) of Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act):
Power units for individual regional standards
The power unit shall be:
(a) 1 child in a nursery school or classroom with day-to-day operation, 1 child in a nursery school or class with half-day operation;
(b) 1 child in a school of the forest or a class with day-to-day operation, 1 child in a school of the forest or a class with half-day operation;
(c) 1 child in a parent school who is limited to a period not exceeding 4 hours per day for the purpose of receiving a parental allowance from a parent) or from a care allowance from a close or other person to a parent or a grandparents of a child, or from another person who has taken custody of a parent by a decision of the competent authority2);
(d) 1 child in a kindergarten with a boarding school;
(e) 1 pupil in primary school consisting only of classes of first degree;
(f) 1 pupil in the first stage of the primary school comprising both grades;
(g) 1 pupil in the second stage of the primary school comprising both grades;
h) 1 special school pupil,
(i) 1 child in the pre-school primary school for children in the last year before starting compulsory education;
j) 1 pupil in education in a secondary school in a single form of education, 1 pupil in an individual form of education in a conservatory in a single form of education, 1 pupil in a single form of education, 1 pupil in a short study in a secondary education for obtaining a secondary education with a certificate and a secondary education with a graduate examination in a single form of education;
(k) 1 pupil course for basic education;
(l) 1 student in the art field of primary art school in a single form of teaching, which is also taught in primary school, in the daily form of secondary education, in the daily form of education in a conservatory or in the daily form of higher vocational education or is a child before the start of compulsory education;
m) 1 student in the field of education in a higher vocational school in the different form of education;
(n) 1 child, 1 pupil, 1 student to whom the educational institution provides information, diagnostic, guidance and methodological activities, specialised pedagogical and psychological services, preventive educational care or assistance in choosing appropriate education and training for future professions; the same applies if the educational institution provides these services to the legal representative of the child or pupil;
(o) 1 child in the various forms of outpatient services, day-to-day services or boarding services at the centre of education3)
(p) 1 pupil, 1 student, to whom the leisure centre provides leisure activities with a focus on different areas,
(q) 1 pupil to whom the school club provides leisure activities with a focus on different areas, which are also taught in primary school, special school, lower stage of six or eight-year-olds or corresponding years in the eight-year conservatory education programme,
r) 1 child, 1 pupil in a school group who are admitted to regular daily attendance,
(s) 1 child in the grade of primary school, special
t) 1 diet, which is also educated in kindergarten, 1 diet, which is also educated in primary school, 1 diet, which is also not educated in primary school or primary school, for which, in the context of school meals in individual types of school catering facilities
1. lunch is provided,
2. lunch is provided and at least 1 prior or subsequent additional meal is provided,
3. at least lunch and dinner is provided,
4. catering services are provided except for lunch;
u) 1 staying in a youth home, which is also educated
1. primary school, secondary school or conservatory,
2. in higher education,
v) 1 staying in a boarding school, which is also educated
1. in the primary school special, in the grade of the preparatory stage of the primary school special or in the school separately established pursuant to § 16 (9) of the Education Act for children or pupils with severe disabilities;
2. in a school separately established for children or pupils with a non-severe disability,
(w) 1 bed of total berth capacity registered in the school register for children located in diagnostic institutes, educational institutions, children's homes with school and children's homes, possibly aged unemployed persons after the completion of constitutional education and protective education, preparing for a future occupation, but no longer than the age of 26.
Indicators relevant for the setting of regional standards
(1) For the determination of regional standards, the relevant indicator is:
(a) the average number of units of performance per teacher (Np);
(b) the average number of units of performance per non-pedagogical worker (No);
(c) the average monthly salary of a pedagogical worker (PP);
(d) the average monthly salary of a non-pedagogical worker (Po);
(e) the average annual amount of other non-investment expenditure from the State budget per unit of performance (ONIV).
(2) The indicator of the average number of units of performance per teacher shall be determined from:
(a) the average number of children, pupils or students in the class, study group or department in the relevant field of education in schools within the region or in the class or department in the relevant type of educational establishment within the region (F);
(b) the average number of teaching hours per week in the classroom, study group or department resulting from the relevant framework or accredited training programme (hereinafter referred to as the "educational programme") or the field of education, including the necessary division of classes, study groups or departments, possibly resulting from a special legislature4) (H);
(c) the average weekly range of direct teaching, direct education, direct teaching or pedagogical psychological activities of teaching staff provided for by specific legislation5) (VP).
(3) The indicator of the average number of units of performance per teacher shall be:
(a) in the case of a child in a kindergarten in all-day or half-day operations, a pupil in a primary school, a child or a pupil in a school cooperative or in a youth home, such as a functional dependency or a set of up to 6 consecutive functional dependencies of the indicators referred to in paragraph 2 on the number of units of performance in a school or school establishment broken down by number of children, pupils or accommodated;
(b) in the case of a unit of performance in a school establishment and one of the indicators referred to in paragraph 2 cannot be identified, of the average values achieved during the previous calendar year or of the values established by the regional authority during the previous calendar year in the relevant type of educational establishment within the region;
(c) in other cases by reference to:
Np = W × VPH.
(4) The average number of units of performance per non-pedagogical worker shall be determined by the average values achieved during the previous calendar year or by the values established by the Regional Office during the previous calendar year in the relevant type of school, field of education and form of education or type of educational establishment within the region. In the case of a child in a nursery school in all-day or half-day operations, a pupil in a primary school or diet, the indicator shall be determined according to the first sentence as a functional dependency or a set of no more than 6 consecutive functional dependencies on the number of units of exercise in a school or school establishment, broken down by number of children, pupils or digested. The value of the indicator determined in accordance with this paragraph may be further increased or reduced by a maximum of 5%.
(5) The average monthly salary of a pedagogical worker and the average monthly salary of a non-pedagogical worker shall consist of the average monthly amount of the elements of the platu6) achieved in the relevant type of school or type of educational establishment within the region during the previous calendar year, adjusted to the amount foreseen in the relevant calendar year by reference to the amount of funding allocated to the Regional Office through the Republic standards broken down into pedagogical and non-pedagogical staff. The sum of the personal allowances and remuneration in such adjusted indicators of the average monthly salary of a teacher shall not differ by more than 50% between the types of school and the types of school establishments from the highest sum of personal allowances and remuneration. The average monthly salary shall not include overtime payments and direct teaching, direct education, direct teaching or pedagogical activities above the specified range (7).
(6) In the case of primary schools consisting only of classes of first degree, maternity schools, primary schools of special and school-based eating facilities and school satellites providing those schools with services whose total number of employees is 10 or less, the average monthly salary shall be determined in accordance with paragraph 5 in the form of a functional dependency on the number of units of performance in the school or school establishment by taking into account the increase in the average amount of the management allowance, depending on the reduction of the number of employees of the legal person.
(7) The average annual amount of other non-investment expenditure from the State budget per unit of performance shall be at least 65% of the average values achieved during the previous calendar year or of the values established by the Regional Office during the previous calendar year in the relevant type of school, field of education and form of education or type of educational establishment within the region.
Breakdown of regional standards and relationship between indicators and units of performance
(1) For each unit of performance referred to in Article 1, if one regional standard is implemented for schools and school establishments within the region in a given calendar year. The regional normativ consists of a basic amount and possibly a supplement.
(2) In the case of higher vocational training, individual regional standards shall be laid down separately for each training programme.
(3) Where practical teaching is part of the education, a regional standard for theoretical and practical teaching shall be established.
(4) In the case of six-year and eight-year Gymnasium, the regional standard shall be determined separately for the lower and higher grades of Gymnasium.
(5) In the case of combined forms of education, regional standards shall be established separately for each type of combination of forms of education in the relevant field of education.
(6) The supplements shall be fixed at:
(a) 1 child, 1 pupil, 1 student in a school, class, department or study group set up under Section 16 (9) of the Education Act, unless it is a special primary school;
(b) 1 child, 1 pupil, 1 student referred to in § 16 (9) of the Education Act, who is educated in a normal school, unless a supplement is provided for in (j) for a child, pupil or student;
(c) 1 pupil referred to in § 16 (9) of the Education Act practical school;
(d) 1 child, 1 pupil located in a medical institution who is trained in a school at that medical institution; in this case, the surcharge referred to in point (a) shall not apply;
(e) 1 child in a school cooperative who is also educated in the class of the preparatory stage of a special school;
(f) 1 pupil in a school cooperative who is also educated in a special school;
(g) 1 child, 1 pupil in a school group in a department which consists only of the participants referred to in Article 16 (9) of the Education Act, unless the child referred to in (e) or the pupil referred to in (f) is involved;
(h) 1 resident in a youth home in a group consisting only of pupils and students referred to in § 16 (9) of the Education Act;
(i) 1 child, 1 primary school pupil, 1 secondary school student in a school or a classroom with the language of a national minority;
(j) support measures taking into account the standard financial performance laid down by other legislation;
in the case where he is provided with education or education services in the relevant school type or type of school establishment within the region in the relevant calendar year.
(7) The allowances referred to in paragraph 6 (a) to (c) and (e) to (h) are further broken down according to the individual handicaps referred to in Article 16 (9) of the Education Act.
(8) In determining the level of the allowances referred to in points (a) to (c) and (e) to (h) of paragraph 6, the average amount of State Budget funds granted in the previous calendar year by means of regional standards per child, 1 pupil, 1 student with the relevant handicap referred to in § 16 (9) of the Education Act in the relevant school type or type of school establishment within the region. If the figure cannot be ascertained according to the previous sentence, the average amount of State budget funding provided during the previous calendar year shall be based on regional standards in the relevant type of school or type of educational establishment for the handicaps referred to in Section 16 (9) of the Education Act, which is, to the extent necessary, support measures closest to the type of handicap to which the surcharge is provided.
(9) The amount of the allowances referred to in paragraph 6 (d) shall be based on the average amount of national budget funding provided in the previous calendar year by means of regional standards per child, 1 pupil located in a healthcare institution who is trained at a school in that healthcare establishment within the region.
(10) The amount of the premium shall be reduced or increased if required:
(a) the degree of support which is generally necessary for the provision of education or educational services to the relevant unit of performance with a given handicap referred to in Article 16 (9) of the Education Act;
(b) the number of children, pupils or students in a school or a class, department or study group established under Article 16 (9) of the Education Act provided for by other legislation10); or
(c) the provision of salary and remuneration for on-call duties in accordance with other legislation6).
(11) The amount of the supplements may be determined in accordance with paragraphs 9 to 11 in the form of functional dependency on the number of units of performance at the school or school establishment.
(12) Additional allowances, the amounts of which are fixed in accordance with paragraphs 7 to 9, 11 and 12, shall not differ by more than 3%, may be combined into groups with a uniform margin.
(13) The allowances referred to in paragraph 6 (i) shall be set at 0,15 times the relevant basic amount, if it is for secondary school pupils, or 0.4 times the relevant basic amount, if it is for primary school pupils, or 0.2 times the corresponding basic amount, if it is for a child in a nursery.
(1) The basic amount shall be determined by reference to the indicators referred to in Article 2 (1).
(a) for schools and educational establishments whose activities are carried out by educational and non-educational staff:
1 / Np x PP x 12 x 1, Proc + 1 / No x Po x 12 x 1, Proc + ONIV,
(b) for schools and educational establishments whose activities are carried out only by educational staff:
1 / Np x PP x 12 x 1, Proc + ONIV,
(c) for educational establishments whose activities are carried out only by non-teaching staff:
1 / No x Po x 12 x 1, Proc + ONIV,
where Proc is the sum of the percentage of the rate of social security premiums and of the contribution to state policy by the employer (17), the percentage of the rate of general health insurance premiums paid by the employer for its employees (18), and the percentage to which the basic allocation to which the fund of cultural and social needs is constituted (19).
(2) Where the difference between the basic amounts for each field of education or for each type of educational establishment determined in accordance with paragraph 1 does not exceed 3% of the annual volume of non-investment expenditure in total, or 3% of the annual volume of wage resources per unit of performance, the regional authority may adjust the corresponding basic amounts to the same amount as their average.
(3) In the case of 1 pupil or 1 student who is trained in the distance form of education, the basic amount shall be fixed at 0.05 times the basic amount fixed for the daily form of education in the relevant field of education or training programme.
(4) In the case of a parent school, a correction coefficient of 0,5 shall be fixed for the basic amount, multiplied by the basic amount, if it is one child in a parent school or a class with day-to-day operation, with whose legal representative the principal of the parent school has agreed on the length of the stay at the parent school corresponding to the extent of half-life.
(5) In the case of a parent school, an adjustment coefficient of 0,05 shall be fixed for the basic amount, multiplied by the basic amount, if it is an individual child trained.
(6) The weightings to be applied to the basic amount fixed in accordance with paragraphs 1 and 2 may be fixed by multiplying the basic amount in the case of schools and educational establishments where the average level of pay of teachers is higher than or below the regional average reflected in the average monthly salary of the teacher. The coefficients thus determined shall not be less than 0,9 or more than 1,1.
(7) In the case of primary school, an adjustment coefficient of 0,25 is fixed for the basic amount, multiplied by the basic amount if pupils are individually educated12).
(8) In the case of schools where compulsory schooling can be performed, a basic amount shall be set at a correction coefficient of 0,25 multiplied by the basic amount, if it is a pupil carrying out compulsory schooling abroad or in a school established in the Czech Republic by a legal person established outside the territory of the Czech Republic or by a natural person who is a foreign national and not included in the school register in which the Minister of Education, Youth and Sports has authorised compulsory schooling (13).
(9) In the case of secondary school, conservatory and higher vocational school, an adjustment coefficient of 0,05 shall be fixed for the basic amount multiplied by the basic amount if it is a pupil or a student who is trained in accordance with the individual training plan; This coefficient shall not apply in cases where the individual training plan is justified by special educational needs or by the exceptional talent of a pupil or student.
(10) The basic amount for the unit of performance referred to in § 1 (t) may be multiplied by a correction factor fixed as a proportion of the average number of cooked meals per working day of October of the current school year and the total number of people registered for the current school year.
Indicators for calculating the minimum level of regional standards
(1) The Regional Authority may increase the indicator established in accordance with Article 2 (2) (a) by up to 10%. the indicator thus adjusted shall not exceed the maximum number of children, pupils or students in the class, study group or department in the relevant field of education at school or in the relevant type of educational establishment provided for by specific legislation.
(2) In determining the necessary division of classes, study groups or divisions according to the relevant training programmes in determining the indicator referred to in Paragraph 2 (2) (b), the following shall in particular be based on:
(a) the value of the indicator determined in accordance with Article 2 (2) (a) and, where appropriate, adjusted in accordance with paragraph 1;
(b) the didactic and methodological complexity of the subject;
(c) safety and health requirements for children, pupils or students in education and related activities.
Principles for increasing regional standards
The Regional Authority may carry out an increase in the regional standard in excess of those resulting from the values of the indicators referred to in Section 2, provided that such increase is secured in the total amount of funding allocated to the county through the Republic's standards.
Principles for the publication of regional standards
(1) The Regional Authority shall publish the regional standards laid down, the indicators relevant for their determination and the coefficients referred to in Article 4 (6) in a manner which allows remote access not later than 30 working days after receipt of the budget statement from the Ministry of Education, Youth and Sports.
(2) In the case of non-daily forms of education, in accordance with paragraph 1, the basic amount may be published in the form of a multiple of the basic amount fixed for the unit of performance in the daily form of education or training programme.
(3) In the case of a school cafeteria - brewing rooms and school canteens - dispensers may be published in accordance with paragraph 1 in the form of a multiple of the basic amount fixed for the corresponding unit of performance in the school cafeteria.
(4) The supplements provided for in Article 3 (6) (a) to (h) may be published in accordance with paragraph 1 by multiplying the basic amount of the relevant regional standard. If additional payments to the group have been merged in accordance with § 3 (12), the publication of the handicaps referred to in § 16 (9) of the Education Act, which are included in the group, shall indicate the disadvantages.
(5) When a regional standard is published, the basic amount and the supplement shall be indicated, unless it is set in the form of a multiple of the basic amount, separately indicating the amount of wage resources per unit of performance broken down into pedagogical and non-pedagogical staff.
Common provisions
(1) Schools and educational establishments within the region are, for the purposes of this Decree, schools and educational establishments registered in the school register established by municipalities or associations of municipalities in the territory of the respective county or region.
(2) For the purposes of this decree, non-pedagogical staff shall mean staff of legal persons engaged in the activities of schools and educational establishments who are not educations14).
(3) For the purposes of this Decree, a school which is not separately established under Section 16 (9) of the Education Act shall be considered a common school.
(4) For the financing of school catering facilities, the unit of performance referred to in § 1 (s) shall not be used for children located in a diagnostic institution, educational institution, children's home with a school or children's home whose activities are carried out by a legal person who also carries out the activities of that school catering facility.
(5) In the case of a diagnostic institution, educational institution, children's home with a school or children's home referred to in paragraph 4, when determining the basic amount for the unit of performance of 1 bed, the indicator of the average number of units of performance per non-pedagogical worker, the indicator of the average salary of a non-pedagogical worker and the indicator of the average amount of other non-investment expenditure from the State budget per unit of performance shall be determined from the respective average values achieved during the relevant calendar year in the educational establishments referred to in paragraph 4, the activity of which is carried out by the same legal person.
(6) Where, in a type of school or field of education within a region, training is provided at the same time according to the framework training programmes as well as approved teaching documents, the Regional Authority may lay down, for the relevant unit of performance 2 regional standards corresponding to the differences in the content or organisation of education according to the framework training programmes and approved teaching documents.
(7) If education in children's homes is carried out in a transitional period of 15) at the same time according to the different number of children in the family group and the different number of family groups in the children16), the Regional Authority may establish two regional standards for the relevant unit of performance.
Repeal
Decree No. 65 / 2005 Coll., establishing the breakdown of regional standards, the indicators relevant for their determination, the units of performance for individual regional standards, the relationship between indicators and units of performance, the indicators for calculating the minimum level of regional standards and the principles for their increase and publication (Regional Standard Decree), is hereby repealed.
Efficacy
This Decree shall take effect on 1 January 2006.
Minister:
JUDr. Buzková v. r.
1) Paragraph 30 (3) (b) of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 242 / 1997 Coll., Act No. 271 / 2001 Coll. and Act No. 453 / 2003 Coll.
2) Paragraph 82 (1) (a) of Act No. 100 / 1988 Coll., on Social Security, as amended.
3) Act No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and on the amendment of other laws, as amended by the Constitutional Court Act No. 476 / 2004 Coll., Act No. 562 / 2004 Coll., Act No. 563 / 2004 Coll. and Act No. 383 / 2005 Coll.
4) For example Decree No. 14 / 2005 Coll., on pre-school education.
5) Government Decree No. 75 / 2005 Coll., establishing the scope of direct teaching, direct education, direct teaching and direct pedagogical and psychological activities of teaching staff.
6) Act No. 262 / 2006 Coll., Labour Code, as amended.
7) Article 23 of Act No. 563 / 2004 Coll., on pedagogic workers and amending certain laws, as amended by Act No. 383 / 2005 Coll.
10) § 25 of Decree No. 27 / 2016 Coll., on the education of pupils with special educational needs and gifted pupils.
12) § 41 of the Education Act.
13) § 38 of the Education Act.
14) § 2 (1) of Act No. 563 / 2004 Coll.
15) Article 2 (3) of Act No. 383 / 2005 Coll., amending Act No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and amending other laws, as amended, and other related laws.
16) § 4 paragraphs 4 and 5 of Act No. 109 / 2002 Coll.
17) Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended.
18) Act No. 592 / 1992 Coll., on Insurance for General Health Insurance, as amended.
19) Decree No. 114 / 2002 Coll., on the Fund of Cultural and Social Needs, as amended.
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Regulation Information
| Citation | Decree No. 492 / 2005 Coll., on Regional Standards |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.12.2005 |
|---|---|
| Effective from | 01.01.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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