Act No. 561 / 2004 Coll.
Law on pre-school, primary, secondary, higher vocational and other education (Education Act)
Valid
Law
Effective from 01.01.2005
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 8a
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 16a
§ 16b
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 22a
§ 22b
§ 23
§ 24
§ 25
§ 25a
§ 25b
§ 25c
§ 26
§ 27
§ 28
§ 28a
§ 29
§ 30
§ 31
§ 32
§ 32a
ČÁST DRUHÁ
§ 33
§ 34
§ 34a
§ 34b
§ 35
ČÁST TŘETÍ
HLAVA I
§ 36
§ 36a
§ 37
§ 38
§ 38a
§ 38b
§ 39
§ 40
§ 41
§ 42
§ 43
HLAVA II
§ 44
§ 45
§ 46
§ 47
§ 48
§ 48a
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
ČÁST ČTVRTÁ
HLAVA I
§ 57
§ 58
§ 59
§ 60
§ 60a
§ 60b
§ 60c
§ 60e
§ 60f
§ 60g
§ 60h
§ 60ha
§ 60i
§ 60j
§ 60k
§ 60l
§ 60m
§ 60n
§ 61
§ 62
§ 63
§ 64
§ 65
§ 65a
§ 65b
§ 65c
§ 65d
§ 65e
§ 65f
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
HLAVA II
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 78a
§ 79
§ 80
§ 80a
§ 80b
§ 80c
§ 80d
§ 81
§ 81a
§ 81b
§ 82
HLAVA III
§ 83
§ 84
§ 85
ČÁST PÁTÁ
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
ČÁST ŠESTÁ
HLAVA I
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
§ 100
§ 101
§ 102
§ 103
HLAVA II
§ 104
§ 105
§ 106
§ 107
HLAVA III
§ 107a
ČÁST SEDMÁ
§ 108
§ 108a
ČÁST OSMÁ
§ 109
§ 110
§ 111
§ 111a
§ 112
ČÁST DEVÁTÁ
§ 113
§ 113a
§ 113b
§ 113c
§ 113d
§ 114
ČÁST DESÁTÁ
§ 115
§ 116
§ 117
§ 118
§ 119
§ 119a
§ 120
§ 120a
§ 121
§ 121a
ČÁST JEDENÁCTÁ
§ 122
§ 123
ČÁST DVANÁCTÁ
§ 124
§ 125
§ 126
§ 127
§ 128
§ 129
§ 130
§ 131
§ 132
§ 133
§ 134
§ 135
§ 136
§ 137
§ 138
§ 139
§ 140
ČÁST TŘINÁCTÁ
§ 141
§ 142
§ 143
§ 144
§ 145
§ 146
§ 147
§ 148
§ 149
§ 150
§ 151
§ 152
§ 152a
§ 153
§ 154
§ 155
§ 156
§ 157
§ 158
§ 159
§ 159a
ČÁST ČTRNÁCTÁ
§ 160
§ 161
§ 161a
§ 161b
§ 161c
§ 162
§ 162a
§ 163
ČÁST PATNÁCTÁ
§ 164
§ 165
§ 166
§ 167
§ 168
ČÁST ŠESTNÁCTÁ
§ 169
§ 169a
§ 169b
§ 169c
§ 170
§ 171
§ 171a
§ 172
§ 173
§ 174
§ 175
§ 176
ČÁST SEDMNÁCTÁ
§ 177
§ 178
§ 179
§ 179a
§ 180
§ 180a
§ 181
§ 182
ČÁST OSMNÁCTÁ
§ 182a
ČÁST DEVATENÁCTÁ
§ 183
§ 183a
§ 183b
§ 183c
§ 183d
§ 184
§ 184a
§ 184b
§ 185
§ 186
§ 186a
§ 187
§ 188
§ 189
§ 190
§ 191
ČÁST DVACÁTÁ
§ 192
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561
THE LAW
of 24 September 2004
on pre-school, primary, secondary, higher vocational and other education (Law of Education)
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
Subject matter
This Law provides for pre-school, primary, secondary, higher vocational and certain other education in schools and educational establishments, lays down the conditions under which education and education (hereinafter referred to as "education ') takes place, defines the rights and obligations of natural and legal persons in education and lays down the competence of the authorities carrying out public administration and self-government in education.
Principles and objectives of education
(1) Education is based on principles
(a) equal access by any national of the Czech Republic or any other Member State of the European Union to education without discrimination on grounds of race, colour, sex, language, faith and religion, nationality, ethnic or social origin, property, family and health or other status of citizen;
(b) taking into account the individual's educational needs;
(c) mutual respect, respect, tolerance, solidarity and dignity of all participants in education;
(d) free basic and secondary education of national citizens of the Czech Republic or of another Member State of the European Union in schools established by the State, region, municipality or association of municipalities;
(e) the free dissemination of knowledge resulting from the results of the present state of world knowledge and consistent with the general objectives of education;
(f) improving the training process on the basis of the results achieved in science, research and development and the widest possible application of effective modern teaching approaches and methods;
(g) evaluation of the results of the training in relation to the achievement of the educational objectives laid down by this law and the training programmes;
(h) the ability of everyone to educate themselves throughout their lives, knowing the responsibility for their education.
(2) The general objectives of training are in particular:
(a) the development of the personality of a person who will be equipped with cognitive and social competence, moral and spiritual values for personal and civil life, the pursuit of an occupation or work activity, the acquisition of information and learning throughout his life;
(b) obtaining general education or general and vocational education;
(c) understanding and applying the principles of democracy and the rule of law, fundamental human rights and freedoms, together with a responsibility and a sense of social cohesion;
(d) understanding and applying the principle of equality between women and men in society;
(e) the formation of a sense of national and nationality and respect for the ethnic, national, cultural, linguistic and religious identity of everyone;
(f) knowledge of world and European cultural values and traditions, understanding and adopting principles and rules based on European integration as a basis for coexistence on a national and international scale;
(g) the acquisition and application of environmental knowledge and protection based on the principles of sustainable development and on health and safety.
(3) Education provided under this Act is a public service.
Education programmes
Training programme system
(1) Framework education programmes shall be issued for each field of education in primary and secondary education and for pre-school, basic artistic and linguistic education. Framework training programmes shall define the mandatory content, scope and conditions of training; they are binding on the creation of school education programmes, the evaluation of the results of the education of children and pupils, the creation and assessment of textbooks and teaching texts, as well as a binding basis for determining the amount of funding allocated under Sections 160 to 162.
(2) Education at each school and school establishment is carried out according to school education programmes.
(3) Higher vocational training in each field of education in each higher vocational school is carried out according to an education programme accredited under § 104 to 106 or authorised under § 92.
(4) The system of fields of education in basic, secondary and higher vocational education and the conditions of medical fitness of the applicant for training are established by the Government by regulation after consultation with the relevant central trade unions, the competent employers' organisations with national competence and the county.
Framework training programmes
(1) The framework training programmes shall specify in particular the specific objectives, forms, duration and compulsory content of the training, general and professional according to the focus of the field of education, its organisation, professional profile, the conditions for the course and termination of education and the principles for the development of school education programmes, as well as the conditions for the training of pupils with special educational needs and the necessary material, personnel and organisational and safety and health conditions. Furthermore, the framework training programme for basic education provides for a breakdown of the content of education by period or year. Health protection conditions for the implementation of education are laid down by the Ministry of Education, Youth and Sports (hereinafter referred to as "the Ministry ') in an agreement with the Ministry of Health.
(2) Framework training programmes must correspond to the latest knowledge:
(a) scientific disciplines whose foundations and practical use are intended to facilitate education; and
(b) pedagogy and psychology on the effective methods and organisation of education of adequate age and the development of the educated.
According to these aspects, the framework training programmes will also be adapted. The creation and opposition of framework training programmes are provided by competent ministries through scientific and practice experts, including pedagogy and psychology.
(3) The Framework Training Programmes are issued by the Ministry after consultation with the relevant ministries. The Framework Education Programmes for the Health Sector are issued by the Ministry after consultation with the Ministry of Health. Framework training programmes aimed at preparing for a regulated profession shall be issued by the Ministry after consultation with the relevant recognition body (1). Framework education programmes for education in schools under the responsibility of the Ministry of Defence, the Ministry of Interior and the Ministry of Justice are issued by these ministries after consulting the Ministry. The framework training programmes for vocational training shall be discussed by the ministries before they are issued with the relevant central trade unions, relevant employers' organisations with national competence and the region.
(4) Framework training programmes may be amended in serious cases, with effect from the beginning of the following school year at the earliest, unless there are changes resulting from the legislation in force. In such a case, the Ministry which issued the Framework Training Programme shall publish the amendment in good time.
(5) Framework training programmes and their amendments are always published by the ministries which issued them in a way that allows remote access.
School education programmes
(1) The school training programme for which a framework training programme is issued pursuant to Article 3 (1) must comply with this framework training programme; the content of the education may be arranged in subjects or other comprehensive sections of the curriculum (e.g. modules).
(2) The school training programme for education for which a framework training programme is not issued sets out in particular the specific objectives of education, duration, form, content and timing of training, the conditions for the admission of applicants, the course and termination of training, including the conditions for the training of pupils with special educational needs, the designation of a completed education document, if this document is issued. It also provides a description of the material, personnel and economic conditions and of the safety and health conditions under which training is carried out at a particular school or school establishment.
(3) The school curriculum is issued by the school director or school establishment. The school curriculum shall be published by the school director or the school establishment in a way that allows remote access; the school education programme may also be consulted by anyone at a school or school establishment and obtained copies, extracts and copies thereof, or at the usual price, he or she may receive a copy thereof.
Education programme for higher vocational education
(1) The training programme for higher education shall specify in particular the specific objectives, forms, duration and content of the training and its organisational structure, the profile of the graduate of the training programme, the language of instruction, the conditions for the course and termination of training, as well as the conditions for the training of students with special educational needs, and the conditions for material, personnel and organisational conditions, the conditions for occupational safety and health protection and the conditions for the medical fitness of the candidate for education.
(2) The school director shall publish, in a manner that allows remote access, an educational programme accredited under § 104 to 106 or authorised under § 92; everyone may also consult the educational programme at the school and obtain copies, extracts and copies of it, or may receive a copy at the usual price.
(3) An education programme accredited under § 104 to 106 or authorised under § 92 is mandatory for the evaluation of higher education and the results of student education as well as a basis for determining the amount of funding allocated under § 160 to 162.
Education system, schools and school establishments and their legal status
Education system, schools and school establishments
(1) The education system is composed of schools and educational establishments under this Act.
(2) The school carries out training according to the training programmes referred to in Section 3.
(3) Types of schools are kindergarten, primary school, secondary school (high school, secondary vocational school and secondary vocational school), conservatory, higher vocational school, primary art school and language school with state language examination law. The Ministry shall establish, by means of implementing legislation, the types of schools according to their orientation for the purposes of their labelling.
(4) The educational establishment provides services and education which complement or promote education in or directly relate to schools, or provide constitutional, protective or preventive care (1a) (hereinafter referred to as "educational services"). The school establishment carries out training according to the school curriculum referred to in § 5 (2).
(5) The types of educational establishments are establishments for the further education of teaching staff, educational advisory establishments, educational establishments for interest education, educational purpose facilities, educational and accommodation facilities, school meals, educational facilities for the performance of constitutional education or protection education and educational facilities for preventive education. The breakdown of educational establishments for the performance of constitutional or protective education and of educational establishments for preventive education shall be laid down in specific legislation. (1a)
(6) The school or school establishment is subject to registration in the school register.
(7) In schools and school establishments, education is provided by pedagogical workers.2)
Legal status of schools and school establishments
(1) The Region, the municipality and the voluntary association of municipalities whose activities are in the field of education (hereinafter referred to as "the communal union") establishes schools and educational establishments as legal entities for the education sector or as contributory organisations under specific legislation. (3)
(2) The Ministry sets up schools and educational establishments as a legal person for education or a state contribution organisation under special legislation4) and § 169.
(3) The ministries and other bodies of the State establish schools and educational establishments as an organisational component of the State or its component or State contribution organisation; Paragraph 169 (5) to (10) shall apply mutatis mutandis to state contribution organisations.
(4) The Ministry of Foreign Affairs also establishes schools in the diplomatic mission or consular office of the Czech Republic as part of these offices.
(5) The Ministry and other bodies of the State perform the function of school and school establishment bodies on behalf of the State.
(6) Registered churches and religious societies which have been granted the right to exercise a special right to establish ecclesiastical schools, (6) other legal persons or natural persons shall establish schools and educational establishments such as educational legal persons or as legal persons whose activity is the provision of education or educational services under this law, even if the predominant object of such legal person's activity is business under specific legislation. According to the first sentence, a number of legal or natural persons may also be set up jointly.
(7) A legal person and an organisational body of a State or part of a State may carry out the activities of a school or school establishment, school and school establishment, or more schools or educational establishment.
Name of legal entity and organisational entity of the State or its component
(1) The name of the legal entity and the organisational component of the State or its component, operating under Paragraph 8 (7), must always include:
(a) an indication of the type or type of school concerned, other than that referred to in Article 34 (8), in so far as it carries on the activities of the school;
(b) an indication of the type of educational establishment concerned for the performance of the constitutional education or protective education or of the educational establishment for preventive education, in so far as it carries on the activities of that educational establishment;
(c) an indication of the type or type of educational establishment concerned which is not mentioned in (b) where it only carries on the activity of that educational establishment.
(2) The name of the legal entity and the organisational body of the State or its component, carrying on the activity referred to in paragraph 1 (a) and (b), may also include the designation of all types or types of educational establishment where it carries on the activity of those educational establishments.
(3) Where a school legal person has set up organisational units to ensure the performance of an activity as referred to in Article 8 (7) (hereinafter referred to as the "organisational unit '), the designation of the relevant organisational unit of paragraphs 1 and 2 shall apply mutatis mutandis, the designation showing that it is an organisational unit of the educational legal person. Paragraphs 1 and 2 shall not apply to the name of the legal person who has established the organisational units; It must be clear from its name that it provides education and education services.
(4) The title may include an addition to the title or, where appropriate, an honorary name, if granted by the Ministry.
Long-term intentions and annual reports
Long-term intentions
(1) The Ministry processes the long-term intention of education and development of the education system of the Czech Republic, discusses its proposal with the relevant central trade unions, the relevant employers' organisations with national competence and with the county, presents it to the Government for approval and publishes it in a way that allows remote access. The government presents the long-term intention to educate and develop the education system of the Czech Republic to the Chamber of Deputies and the Senate of Parliament for consideration.
(2) In accordance with the long-term objective of education and development of the education system of the Czech Republic, the Regional Authority processes the long-term intention of education and development of the education system in the region and submits it to the Ministry for comments. Part of the long-term objective of education and development of the educational system in the region concerning education in schools and school establishments established by the region is submitted by the Council of the Region to the Council for approval. The long-term objective of education and development of the education system in the region is always published in a way that allows remote access.
(3) The long-term intention referred to in paragraph 2 shall include an analysis of the educational system in the region and shall determine, on the basis of projected demographic developments, labour market developments and the projects of further development of the region, in particular the objectives and tasks for the different areas of education, the structure of the educational supply, in particular the structure of the fields of education, the types, and, where appropriate, the types of schools and school establishments and their capacity and the proposal to finance education and school services in the region.
(4) Long-term projects shall be evaluated and processed every 4 years in accordance with the procedure referred to in paragraphs 1 and 2.
Annual reports
(1) The Ministry processes an annual report on the state and development of the educational system of the Czech Republic each year, presents it to the government and publishes it in a way that allows remote access.
(2) The Regional Authority shall each year draw up an annual report on the state and development of the education system in the region, submit it to the Regional Council and the Ministry and publish it in a way that allows remote access.
(3) The Director of Primary, Secondary and Higher Vocational Schools shall each year draw up an annual report on the school's activities for the school year, send it to the organiser and publish it in a way that allows remote access.
The Ministry shall establish a framework structure, content and procedure for the processing of long-term projects and annual reports pursuant to Article 10 (2) and (3) and the dates for their submission and publication by implementing legislation.
Evaluation of schools, schools and education systems
(1) The evaluation of the school is carried out as a self-evaluation of the school and the evaluation of the Czech school inspection.
(2) The school's own evaluation is the starting point for the preparation of the annual report on the school's activities.
(3) The evaluation of education in school establishments is carried out by the Czech School Inspectorate.
(4) The assessment of the education system in the region is carried out by the Regional Authority in the State and Development Report of the Region. The evaluation of the education system of the Czech Republic is carried out by the Ministry in the report on the state and development of the educational system of the Czech Republic and by the Czech School Inspection Office in its annual report.
(5) The evaluation of schools and educational establishments may also be carried out by their promoter according to criteria which are published in advance.
Teaching language and training of members of national minorities
Teaching language
(1) The language of instruction is Czech.
(2) Members of national minorities (8) are entitled to education in the language of a national minority under the conditions laid down in Section 14.
(3) The Ministry may authorise the teaching of certain subjects in a foreign language.
(4) In the fields of secondary education with a graduate examination in which, according to the framework curriculum, certain subjects are compulsory in a foreign language, teaching languages are Czech and the relevant foreign language.
(5) In higher vocational schools, the language of instruction may be a foreign language.
Education of members of national minorities
(1) The municipality, the county or, where appropriate, the Ministry provides training for members of national minorities in the language of a national minority in primary, primary and secondary schools, in municipalities in which a Committee on National Minorities has been set up in accordance with special legislation9, provided that the conditions laid down in this Act are met.
(2) A parent school class may be set up if at least 8 children with competence to a national minority apply for education in the language of a national minority, a primary school class may be established if at least 10 pupils with competence to a national minority apply for education in the language of a national minority; a parent or primary school with the language of a national minority may be established provided that all classes are on average filled with at least 12 children or pupils with a competence to a national minority in one class.
(3) A class of the relevant secondary school year may be established if at least 12 pupils with a national minority are enrolled in the language of the national minority; a secondary school with the language of a national minority may be established provided that all classes are on average filled with at least 15 pupils with competence of a national minority.
(4) When organising training in the language of a national minority, municipalities, counties or ministries shall take account of the availability of such training. Education in the language of a national minority can also be provided by a union of municipalities or, where appropriate, by means of collateral, including financing, municipalities may agree between themselves or a municipality with a region.
(5) If the conditions set out in paragraphs 2 and 3 are not met, the school director may, with the agreement of the school body, specify in the school curriculum the subjects or parts thereof in which the training takes place bilaterally, both in the Czech language and in the language of the national minority.
(6) In schools with education in the language of a national minority, certificates, certificates of discharge and certificates of professional specialist are issued bilingual, in the Czech language and in the language of a national minority.
Teaching religion
(1) In schools, religion may be taught in accordance with the principles and objectives of the education provided for in Section 2. Religion may be taught by registered churches or religious societies which have been granted a special right to teach religion in public schools, 10), including jointly on the basis of their written agreement.
(2) In primary and secondary schools established by the State, the county, the municipality or the association of municipalities, religion is taught as an optional subject if at least 7 pupils of the school apply to the subject of religion carried out by the church or religious society in question in the school year. To teach religion, pupils from several years of one or more schools may be joined up to a maximum of 30 pupils in the classroom. It is possible to combine pupils from several schools to teach religion by means of a contract between the respective schools, which also provides for reimbursement of the costs associated with such teaching.
(3) Religion may be taught in fundamental employment relations with a legal person who carries out the activities of the school concerned, by an authorised representative of the church or a religious society who fulfils the conditions for the pursuit of the activities of a teaching staff member under a special legislation. 2) The approval shall be issued by the statutory body of the church or religious society, in the case of the Roman Catholic church, by the statutory authority of the competent bishop.
Education of children, pupils and students with special educational needs and children, pupils and students of talent
Support for education of children, pupils and students with special educational needs
(1) A child, pupil and student with special educational needs is a person who needs support measures to fulfil his or her educational capacity or to exercise or use his or her rights on an equal footing with others. Support measures are the necessary arrangements in education and school services corresponding to the health, cultural environment or other living conditions of the child, pupil or student. Children, pupils and students with special educational needs are entitled to free provision of support measures for schools and schools.
(2) The support measures consist of:
(a) advisory assistance to the school and the school advisory establishment;
(b) the organisation, content, evaluation, forms and methods of education and education services, including the provision of teaching of subjects specifically for pedagogical care, and the extension of the duration of secondary or higher vocational education by up to two years;
(c) arrangements for admission to and termination of education;
(d) the use of compensatory aids, special textbooks and special teaching aids, the use of deaf and deaf blind persons communication systems 11a), Braille fonts and support or replacement communication systems;
(e) the adjustment of expected educational outcomes within the limits set by framework training programmes and accredited training programmes;
(f) training according to the individual training plan;
(g) the use of a teaching assistant;
(h) the use of a psychologist, a special educator or another teacher, an interpreter of the Czech sign language, a transcriber for the deaf or the possibility of having a child, a pupil or a student, during his stay at school or school establishment, support under specific legislation; or
(i) the provision of education or educational services on building or technical premises.
(3) Support measures referred to in paragraph 2 shall be broken down into five degrees according to organisational, teaching and financial performance. Support measures of different types or degrees may be combined. Higher-level support measures may be used if the educational institution finds that, in view of the nature of the child's special educational needs, the pupil or the student, or the progress and results of the provision of existing support measures, lower-level support measures would not be sufficient to fulfil the child's, pupil or student's educational capacity and to exercise his right to education. The integration of support measures into stages shall be laid down in implementing legislation.
(4) First-degree support measures shall be applied by the school or school establishment without the recommendation of the educational institution. The second to fifth degree support measures may be applied only with the recommendation of the educational institution. A school or a school establishment may, instead of the recommended support measure, take other support measures of the same degree after consultation with the relevant educational institution and with the prior written informed consent of the adult pupil, student or legal representative of the child, unless this is contrary to the interests of the child, pupil or student.
(5) The provision of second to fifth degree support measures by a school or school establishment shall always be subject to prior written informed consent of an adult student, student or legal representative of a child or pupil.
(6) A second to fifth-degree support measure shall cease to be provided by a school or school establishment after consultation with an adult pupil, student or legal representative of the child or pupil, provided that the recommendation of the educational institution indicates that the support measure is no longer necessary.
(7) Support measures for the education of a child, a pupil and a student who cannot perceive hearing language shall be chosen in such a way as to ensure education in the communication system of deaf and deaf blind persons, which corresponds to the needs of a child, pupil or student. Teaching in the Czech language is also given to pupils and students who are educated in the Czech language in parallel, while knowledge of the Czech language is acquired by these pupils and students using methods used in teaching the Czech language as a foreign language. If the school or school establishment of an interpreter of the Czech sign language is used, it shall ensure that his activity is carried out by a person who can prove an education or practice and education by which he has acquired knowledge of the Czech sign language at the level of the native speaker and interpretation skills at the level enabling full education of the child, pupil or student.
(8) Support measures for the education of the child, pupil and student using alternative or augmented communication means in communication shall be chosen to provide education in a communication system that meets the needs of the child, pupil or student.
(9) For children, pupils and students with mental, physical, visual or auditory disabilities, severe speech defects, severe learning disorders, severe behavioural development disorders, multiple defects or autism, schools or classes, departments and study groups may be established. Only the child, pupil or student referred to in the first sentence may be included in such a class, study group or department or may be admitted to such a school if the educational institution finds that, in view of the nature of the special educational needs of the child, pupil or student, or the progress and results of the current provision of support measures, the support measures referred to in paragraph 2 alone would not be sufficient to fulfil its educational capacity and exercise its right to education. A written request from an aged student or student or legal representative of a child or pupil, the recommendation of a educational institution and compliance with this procedure with the interests of the child, pupil or student is a condition for inclusion.
(10) In order to establish a class, department or study group as referred to in paragraph 9, the approval of the Ministry, in the case of schools established by the Ministry or by registered churches or religious societies which have been granted the right to exercise a special right to establish ecclesiastical schools shall be necessary, in the case of other schools, the consent of the Regional Office.
(11) The support measure referred to in paragraph 2 (h), consisting of the use of a psychologist or a special educator, may not be granted to a primary school pupil established by a region, a municipality or a association of municipalities who is entitled to funding the activities of a psychologist, a special educator or a social educator from a state budget on the basis of a government decree issued pursuant to § 161 (3) or (4), and to a pupil of a comparable primary school which is not established by a region, a municipality or a association of municipalities. A comparable primary school according to the first sentence shall mean a primary school which would otherwise fulfil the conditions under which the financing of the activity of a psychologist, special educator or social educator provided for in Article 161 (3) is to be carried out; no increase under Article 161 (4) shall be taken into account.
(12) The principal of a primary school set up by a region, municipality or association of municipalities in accordance with paragraph 11 shall be required to ensure the work of a psychologist or special educator up to a maximum weekly number of hours of direct pedagogical activity corresponding to the entitlement to the financing of the activity of a psychologist, special educator or social educator from the state budget under a government regulation issued pursuant to § 161 (3), where this is necessary due to the educational needs of the pupil or pupil; the increase under Paragraph 161 (4) is not taken into account. For directors of a comparable primary school which is not established by a county, municipality or association of municipalities, the obligation laid down in the first sentence shall apply mutatis mutandis.
Consultancy assistance for a school consultancy
(1) The educational advisory establishment shall provide advice to the child, pupil, student or legal representative of the child or the pupil on the basis of his or her request or on the basis of a decision of a public authority under another legislation.
(2) If the interest of a child or a minor pupil so requires, the school or school establishment shall advise its legal representative to seek the assistance of the educational institution. Before granting a support measure to a child, pupil or student, the school or educational establishment shall, in particular, cooperate with the educational institution, the founder, the doctor and the social protection body.
(3) In particular, the report and recommendations are the result of the advisory assistance of the educational institution. In the report of the educational institution, it shall state the essential elements for the recommendation of the support measures. The recommendation shall set out the conclusions of the examinations and support measures of the first to fifth degrees corresponding to the specific training needs identified and the possibilities of the child, pupil or student, including possible combinations and variants of support measures and the manner and rules of their use in education.
(4) The educational advisory establishment provides a report and a recommendation to the person receiving advisory assistance; the school or school establishment in which the child, pupil or student is educated is provided only with recommendations. The school guidance institution shall also provide the public authority with the recommendation issued, which by its decision has imposed on the legal representative of the child or pupil, the child, the pupil or the student the obligation to use the professional advice at the educational institution. If the case is not dealt with in the second sentence, the school counselling body shall also provide a recommendation issued to the social protection body, if requested in writing by the social protection body.
(5) Where an adult student, student or legal representative of a child or a pupil has doubts that a school or a school establishment progresses in accordance with the recommendation of a school institution, he may propose to the principal of the school or school establishment that the case be discussed with him, with the participation of the authorised staff of the school establishment concerned, and the director shall be obliged to convene the hearing without undue delay.
(6) The examination referred to in paragraph 5 shall be without prejudice to the right of an adult pupil, student or legal representative of a child or pupil to initiate a Czech school inspection pursuant to § 174 (6).
Revision
(1) The child, pupil, student or legal representative may, within 30 days of receiving the report or recommendation of the educational institution, request the legal person set up and appointed by the Ministry to carry out the revisions to revise them. A revision of the recommendation may also be requested by a school, a school establishment or a public authority which, by its decision, has imposed an obligation on the legal representative of a child or a pupil, a child, a pupil or a student to use professional advice at a school institution within 30 days of the date on which the recommendation was received and the Czech School Inspection Office.
(2) The legal person referred to in paragraph 1 shall examine the request for revision and the report or recommendation and, if necessary to fulfil the purpose of the revision, shall, with the agreement of the adult pupil or student or legal representative of the child, or the pupil, examine the educational needs and possibilities of the child, pupil or student. The legal person referred to in paragraph 1 shall ensure that the verification is carried out at the place of the head office of the educational institution which issued the report or recommendation. This educational institution shall be obliged to provide synergies in the examination of educational needs and possibilities according to the first sentence.
(3) A review report shall be issued by the legal person referred to in paragraph 1 within 60 days of receipt of the request, which may include a new report or recommendation of support measures and in which case replace the revised report or recommendation. The review report shall be sent to the child, pupil, student or legal representative, to the appropriate educational institution, and excluding data which are merely the content of the report referred to in Article 16a (3), to the school or school establishment. In cases where a child's social protection body has requested a guidance institution under Section 16a (4) for the provision of a recommendation, it shall also send a review report to that institution in respect of the recommendation provided.
(4) Until the issue of the revision report replacing the revised report or recommendations, the initial recommendations and reports issued by the educational institution shall be followed.
Education of gifted children, pupils and students
(1) Schools and educational establishments create conditions for the development of the talent of children, pupils and students.
(2) In order to develop the talent of children, pupils and students, the extended teaching of certain subjects or groups of subjects may take place. The school director may make different arrangements for the organisation of education to classes with a sports focus or pupils and for students performing sports training.
(3) The school director may, at the request of his legal representative and of an extraordinarily mature pupil or student, transfer to a higher grade without graduating from the previous grade. The application of a pupil who is a compulsory school student shall include the expression of a school guidance institution and a registered health service provider in the field of practical medicine for children and adolescents (hereinafter referred to as "the registered doctor '). The condition for reassignment is that examinations be carried out from the school or part of the year which the pupil or student will not attend. The content and scope of the examinations shall be determined by the school director.
Individual training plan
The school director may authorise a minor with special educational needs or with special qualifications at the request of his legal representative and of a mature pupil or student with special educational needs, or with special qualifications at the request of his / her request, in accordance with an individual training plan. In secondary education or higher vocational education, the school director may authorise education according to an individual training plan for other important reasons. In secondary education or higher vocational education, the school director will allow an individual training plan to a student or student on the basis of confirmation that the student or student is a sports representative of the Czech Republic in the sports sector, issued by a sports organisation representing this sports sector in the Czech Republic, in connection with this fact.
The Ministry shall determine by decree:
(a) the specific list and purpose of the support measures and their breakdown into degrees;
(b) for second to fifth-degree support measures, the rules governing their use by schools and educational establishments and the standard financial intensity for the purpose of providing funding from the state budget under this law;
(c) the procedure for the school or school establishment before granting support measures to a child, pupil or student;
(d) organisation of the provision of support measures;
(e) the organisation and rules of education in classes, departments and study groups and schools established under Article 16 (9);
(f) the course and organisation of the advisory services of the school and the activities of the educational institution, the basic principles of the use of diagnostic tools and the rules of cooperation of the educational institution with schools, educational establishments and other persons and public authorities;
(g) details of the report and recommendations issued by the educational institution;
(h) the conditions for the use of the assistant educator and the rules of his or her activity and the conditions for the operation of persons providing support to the child, pupil or student during his or her stay at the school or school establishment;
(i) the formalities for the individual training plan;
(j) the particulars of the informed consent to the granting of the support measure pursuant to Article 16 (4) and (5) and the application pursuant to Article 16 (9);
(k) rules and formalities for identifying the educational needs of gifted children, pupils and students, organisation arrangements, acceptance, conduct and termination of their education and conditions for reassignment.
Education of foreigners and long-term residents abroad
(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 and protective education, if they are legally resident in the Czech Republic or are applicants for international protection13d);
(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).
(4) The Czech Language and Literature Admission Examination in the Admission to Secondary and Higher Vocational Education, if any, will be waived by the School Director at the request of the person who:
(a) education in a school outside the Czech Republic in the school year in which it applies for education, and education in a school outside the Czech Republic was at least 1 school year out of the 3 school years immediately preceding the school year in which it applies; or
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 8a
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 16a
§ 16b
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 22a
§ 22b
§ 23
§ 24
§ 25
§ 25a
§ 25b
§ 25c
§ 26
§ 27
§ 28
§ 28a
§ 29
§ 30
§ 31
§ 32
§ 32a
ČÁST DRUHÁ
§ 33
§ 34
§ 34a
§ 34b
§ 35
ČÁST TŘETÍ
HLAVA I
§ 36
§ 36a
§ 37
§ 38
§ 38a
§ 38b
§ 39
§ 40
§ 41
§ 42
§ 43
HLAVA II
§ 44
§ 45
§ 46
§ 47
§ 48
§ 48a
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
ČÁST ČTVRTÁ
HLAVA I
§ 57
§ 58
§ 59
§ 60
§ 60a
§ 60b
§ 60c
§ 60e
§ 60f
§ 60g
§ 60h
§ 60ha
§ 60i
§ 60j
§ 60k
§ 60l
§ 60m
§ 60n
§ 61
§ 62
§ 63
§ 64
§ 65
§ 65a
§ 65b
§ 65c
§ 65d
§ 65e
§ 65f
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
HLAVA II
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 78a
§ 79
§ 80
§ 80a
§ 80b
§ 80c
§ 80d
§ 81
§ 81a
§ 81b
§ 82
HLAVA III
§ 83
§ 84
§ 85
ČÁST PÁTÁ
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
ČÁST ŠESTÁ
HLAVA I
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
§ 100
§ 101
§ 102
§ 103
HLAVA II
§ 104
§ 105
§ 106
§ 107
HLAVA III
§ 107a
ČÁST SEDMÁ
§ 108
§ 108a
ČÁST OSMÁ
§ 109
§ 110
§ 111
§ 111a
§ 112
ČÁST DEVÁTÁ
§ 113
§ 113a
§ 113b
§ 113c
§ 113d
§ 114
ČÁST DESÁTÁ
§ 115
§ 116
§ 117
§ 118
§ 119
§ 119a
§ 120
§ 120a
§ 121
§ 121a
ČÁST JEDENÁCTÁ
§ 122
§ 123
ČÁST DVANÁCTÁ
§ 124
§ 125
§ 126
§ 127
§ 128
§ 129
§ 130
§ 131
§ 132
§ 133
§ 134
§ 135
§ 136
§ 137
§ 138
§ 139
§ 140
ČÁST TŘINÁCTÁ
§ 141
§ 142
§ 143
§ 144
§ 145
§ 146
§ 147
§ 148
§ 149
§ 150
§ 151
§ 152
§ 152a
§ 153
§ 154
§ 155
§ 156
§ 157
§ 158
§ 159
§ 159a
ČÁST ČTRNÁCTÁ
§ 160
§ 161
§ 161a
§ 161b
§ 161c
§ 162
§ 162a
§ 163
ČÁST PATNÁCTÁ
§ 164
§ 165
§ 166
§ 167
§ 168
ČÁST ŠESTNÁCTÁ
§ 169
§ 169a
§ 169b
§ 169c
§ 170
§ 171
§ 171a
§ 172
§ 173
§ 174
§ 175
§ 176
ČÁST SEDMNÁCTÁ
§ 177
§ 178
§ 179
§ 179a
§ 180
§ 180a
§ 181
§ 182
ČÁST OSMNÁCTÁ
§ 182a
ČÁST DEVATENÁCTÁ
§ 183
§ 183a
§ 183b
§ 183c
§ 183d
§ 184
§ 184a
§ 184b
§ 185
§ 186
§ 186a
§ 187
§ 188
§ 189
§ 190
§ 191
ČÁST DVACÁTÁ
§ 192
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Regulation Information
| Citation | Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.11.2004 |
|---|---|
| Effective from | 01.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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