Act No. 562 / 2004 Coll.

Law amending certain laws in connection with the adoption of the Education Act

Valid Law Effective from 01.01.2005
562
THE LAW
of 24 September 2004
amending certain laws in connection with the adoption of the Education Act
Parliament has decided on this law of the Czech Republic:

ČÁST TŘETÍ

Amendment to the Pension Insurance Act
Čl. III
Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll., Act No. 289 / 1997 Coll., Act No. 224 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 116 / 2001 Coll., Act No. 188 / 2001 Coll., Act No. 353 / 2001 Coll., Act No. 198 / 2002 Coll., Act No. 85 / 2004 Coll., Act No. 263 / 2002 Coll., Act No. 362 / 2003 Coll., Act No. 424 / 2003 Coll., Act No. 425 / 2003 Coll., Act No. 85 / 2004 Coll., is amended as follows:
1. in Paragraph 20 (5), including footnotes 20) to 20d:
"(5) For compulsory education 20) is also considered for the purposes of this Act
(a) the continuation of pupils who did not receive primary education after completion of compulsory education, in primary education, 20a) the tenth year of primary education in primary school, 20b) the continuation of pupils with disabilities in primary education20c) and the course for basic education organised by primary or secondary school in the form of daily education, which is attended by persons under 26 years of age who did not receive basic education, 20d)
(b) the period of school holidays immediately following the end of the school teaching period of the school year in which the child completes the last year of compulsory education, provided that the child does not pursue a gainful activity throughout the calendar month to the extent specified in Section 27 nor receives unemployment or retraining aid, unless he has been with a secondary school student.
20) Sections 36 to 43 of Act No. 561 / 2004 Coll., on Pre-School, Basic, Medium, Higher Vocational and Other Education (Education Act).
20a) § 55 paragraph 1 of Act No. 561 / 2004 Coll.
20b) Sections 46 (3) and 48 of Act No. 561 / 2004 Coll.
20c) § 55 paragraph 2 of Act No. 561 / 2004 Coll.
20d) § 55 paragraph 3 of Act No. 561 / 2004 Coll. '
2. in Article 21 (1) (a), the words "study at work" shall be replaced by "long distance, distance, evening."
3. In Paragraph 21 (1), the words "implemented under the Staff Regulations (21a) 'shall be added at the end of the text in point (b).
Footnote 21a) reads as follows:
"21a) Act No. 435 / 2004 Coll., on Employment. '.
4. in Article 21 (2) and (3), including footnote (21b) to (21d):
"(2) For the purposes of this Act, secondary schools and conservators shall be considered as secondary schools and conservators if they are entered in the register of schools and school establishments. 21b) Secondary schools established by the Ministry of Defence, Home Affairs and Justice shall be considered as secondary schools for as long as they are not registered in the register of schools and educational establishments. 21c)
(3) For the purposes of this Act, the study at universities referred to in paragraph 1 shall mean the study at universities in the Bachelor's, Master's and doctoral programmes. 21d)
21b) § 141 to 159 of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act).
21c) § 186 (2) of Act No. 561 / 2004 Coll.
21d) § 45 to 47 of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education). "
footnotes 30 to 33 are deleted.

ČÁST PÁTÁ

Amendment of the Income Tax Act
Čl. V
Act No. 2000 / 2001, Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 2000, Act No. 100 / 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000 Coll.
1. in Article 4 (1) (k), the words "scholarships (2a) from the state budget, from the county budget and from public higher education funds and similar transactions provided from abroad," shall be replaced by the words "scholarships (2a) from the state budget, from the county budget, from the funds of the higher education institution, from the legal entity carrying out the activities of a secondary school or higher vocational school, or from abroad,";
2. In Paragraph 18 (8), the words "school legal persons under special legislation, 17d 'shall be inserted after the words" public higher education institutions'.
Footnote No 17d) reads as follows:
"17d) Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act). '.

ČÁST ŠESTÁ

Amendment of the Act on the State Budget of the Czech Republic for 1994 and amending and supplementing certain laws
Čl. VI
In Act No. 331 / 1993 Coll., on the State Budget of the Czech Republic for 1994 and amending and supplementing certain laws, as amended by Act No. 85 / 1994 Coll., Part Six is deleted.

ČÁST SEDMÁ

Amendment of the State Statistical Service Act
Čl. VII
Act No. 89 / 1995 Coll., on the State Statistical Service, as amended by Act No. 356 / 1999 Coll., Act No. 220 / 2000 Coll., Act No. 256 / 2000 Coll., Act No. 411 / 2000 Coll., Act No. 202 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 81 / 2004 Coll., is amended as follows:
1. in Article 22 (1), the following point (e) is inserted after point (d), including footnote 12a:
"(e) to educational legal persons under special legislation, 12a) Ministry of Education, Youth and Sports;
12a) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act). '.
Point (e) shall be renumbered as point (f).
2. Paragraph 22 (3) reads as follows:
"(3) Identification numbers for the needs of the registration courts, trade offices, Ministry of Interior, Ministry of Culture and Ministry of Education, Youth and Sports are provided by the Czech Statistical Office."

ČÁST OSMÁ

Amendment of the State Social Support Act
Čl. VIII
Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 137 / 1996 Coll., Act No. 132 / 1997 Coll., Act No. 242 / 1997 Coll., Act No. 91 / 1998 Coll., Act No. 158 / 1998 Coll., Act No. 360 / 1999 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 492 / 2000 Coll., Act No. 362 / 2003 Coll., Act No. 424 / 2003 Coll., Act No. 151 / 2002 Coll., Act No. 453 / 2003 Coll., Act No. 320 / 2002 Coll., Act No. 125 / 2003 Coll., Act No. 362 / 2003 Coll.
1. in Article 12 (1) (a) (2), "study at work" is replaced by "long distance, distance, evening."
2. In Article 12 (1), the words "implemented under the Staff Regulations 10a) 'shall be added at the end of the text in point (b).
Footnote 10a) reads as follows:
"10a) Act No. 435 / 2004 Coll., on Employment. '.
footnote 10 (a) shall be renumbered footnote 10 (b), including the footnote references.
(3) Paragraph 12 (2) and (3), including footnotes 39 to 43, read:
"(2) For the purposes of this Act, the study at secondary schools referred to in paragraph 1 shall mean:
(a) secondary schools and conservatories, 39) school and school registers, 40)
(b) secondary schools established by ministries of defence, interior and justice, 41)
(c) in higher vocational schools42) enrolled in the register of schools and school establishments. 40)
(3) For the purposes of this Act, the study at universities referred to in paragraph 1 shall mean the study at universities in the Bachelor's, Master's and doctoral programmes. 43)
39) Sections 57 to 91 of Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act).
40) § 141 to 159 of Act No. 561 / 2004 Coll.
41) Sections 8 (3) and 186 (2) of Act No. 561 / 2004 Coll.
42) Sections 92 to 107 of Act No. 561 / 2004 Coll.
43) § 45 to 47 of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education). "
4. In Article 13 (1), "Article 12 (a) 'is replaced by" (Article 12 (2))';
5. In Article 14 (1), "Article 12 (a) 'is replaced by" (Article 12 (3))';
6. In Paragraph 14 (2) (c), the part of the sentence after the semicolon is deleted and the semicolon is replaced by a dot.
7.
„§ 16
(1) For compulsory education 11) is also considered for the purposes of this Act
(a) continuation of pupils who have not received primary education after completion of compulsory education in primary education, 11a)
(b) tenth year of primary education in primary school special, 11b)
(c) continuation of pupils with disabilities in primary education, 11c)
(d) a course for basic education organised by a primary or secondary school in the form of daily education attended by persons under the age of 26 who have not received basic education. 11d)
(2) The period of school holidays immediately following the end of the school teaching period of the school year in which the child completes the last year of compulsory education shall also be considered as compulsory schooling. The period of school holidays referred to in the first sentence may not be considered as compulsory education if the child has been gainful at that time or was entitled to unemployment or retraining aid to the extent referred to in § 13 (3) (a) to (c). The second sentence does not apply if the child continues to prepare for a future profession after the end of the course in that school year.
11) § 36 to 43 of Act No. 561 / 2004 Coll.
11a) § 55 paragraph 1 of Act No. 561 / 2004 Coll.
11b) Sections 46 (3) and 48 of Act No. 561 / 2004 Coll.
11c) § 55 paragraph 2 of Act No. 561 / 2004 Coll.
11d) § 55 paragraph 3 of Act No. 561 / 2004 Coll. '.
8. In Article 68 (5), the words "on compulsory education, if it is a school year beginning in the calendar year in which the child completed the 15th year of age, and the years of compulsory education after that year, and attestations' are inserted after the word" Confirmation '.

ČÁST DEVÁTÁ

Amendment of the Higher Education Act and amendment of other laws (Higher Education Act)
Čl. IX
In Article 49 of Act No. 111 / 1998 Coll., on Higher Education, and amending and supplementing other laws (Act on Higher Education), as amended by Act No. 147 / 2001 Coll., at the end of the text of paragraph 3, the words "or have completed an accredited educational programme or part of it in a higher vocational school or study an accredited educational programme in a higher vocational school in the Czech Republic or abroad 'are added.

ČÁST DESÁTÁ

Amendment of the Act on the grant of grants to private schools, preschool and school establishments
Čl. X
Act No. 306 / 1999 Coll., on the grant of grants to private schools, preschool and school establishments, as amended by Act No. 132 / 2000 Coll., Act No. 255 / 2001 Coll., Act No. 16 / 2002 Coll. and Act No. 284 / 2002 Coll., is amended as follows:
1. paragraphs 1 to 5, including footnotes 1) to 6) shall read as follows:
„§ 1
(1) Subsidies from the State Budget (hereinafter referred to as "grants") are granted to legal persons engaged in the activities of schools and educational establishments registered in the school register, (1) which are not constituted by the State, the Region, the Municipality, a voluntary association of municipalities whose activities are the subject of educational tasks (hereinafter referred to as "the Union") or by a registered church or religious society which has been granted the right to exercise a special right to establish church schools, (2) (hereinafter referred to as "legal persons"), provided that they conclude a contract with the Regional Office under this law. The grant shall not be granted for the activities of language schools with the right of state language examination.
(2) The subsidy is granted to finance non-investment expenditure related to education and education in schools and services and education, which complements or supports education in or directly related to schools, or by providing constitutional and protective education or preventive educational care in educational establishments (hereinafter referred to as "educational services") and the normal running of school and school facilities, except for rent under a contract for the purchase of a hired item concluded after 1 January 1997 and advertising, and for legal persons providing education and educational services for children, pupils and students with disabilities, 3) and rehabilitation.
(3) The grant to a legal person who carries out the activity of a primary art school shall be granted for the provision of teaching intended for pupils performing compulsory education or training in a secondary school.
§ 2
(1) The application for grant for the next school year is submitted by a legal person to the Regional Office
(a) until 31 January; or
(b) within 30 days of receipt of the decision to register.
(2) The application contains:
(a) the name, registered office, identification number and account number of the legal person, and, where appropriate, the address and account number of the separate office;
(b) proof of inclusion in the network of pre-school, school and school establishments in accordance with existing legislation or proof of registration in the school register;
(c) proof of registration of a legal person in a commercial or other legally designated register, or of an application for registration in such a register, and proof of the establishment of a legal person;
(d) the expected total number of children, pupils or students in the school year for which the subsidy is requested and the number of children, pupils or students in each class, department or study group, trained in each field of education, for educational establishments the estimated number of beds, accommodated or fed children, pupils or students in each school establishment.
§ 3
(1) In particular, the grant contract shall specify the activities for which the grant is granted, their scope, the number of children, pupils or students in the school year for which the grant is granted and the amount of the subsidy fixed by a percentage in accordance with Article 4.
(2) A grant contract shall not be concluded if the legal person who drew the subsidy in the previous school year does not submit before 15 October for the previous school year:
(a) accounting for the subsidy in accordance with the procedure laid down by the Ministry of Education, Youth and Sports (hereinafter referred to as the Ministry), 2a
(b) the annual activity report of the school, 4)
(c) analysis of the management of the subsidy provided under this Act, prepared according to the curriculum established by the Ministry, 2a)
(d) information on the discussion of the annual report on school activities on the school board, if it is established.
(3) The Regional Office shall conclude a contract or inform the legal person of the reasons for the non-conclusion of the contract within 30 days of receipt of the request.
§ 4
(1) Subsidies to legal persons, with the exception of legal persons engaged in the activities of a parent or educational establishment, which otherwise constitute a municipality or association of municipalities under the special legislature (5), shall be determined by a percentage of the standard as an annual amount of non-investment expenditure, means of pay and legal contributions for a single child, pupil or student in a comparable field of education and the form of education in a school or equivalent school service in a school establishment established by a county or ministry. The subsidy shall be increased by a percentage of the standard for the disability of children, pupils and students established for children, pupils or students of schools and school establishments established by the county or by the Ministry.
(2) Subsidies to legal persons engaged in the activities of parent schools or educational establishments which otherwise, under the special legislature (5), establish a municipality or association of municipalities shall be fixed by a percentage of the standard as an annual amount of non-investment expenditure, wage resources and statutory contributions for one child in a comparable school established by the municipality or a pupil in a comparable school service in a school establishment established by the municipality. The subsidy shall be increased by a percentage of the standard for the disability of children, pupils and students set up for children, pupils or students of schools and school establishments established by municipalities.
(3) Legal persons engaged in the activities of schools and educational establishments otherwise established by a municipality or association of municipalities may apply to the municipality or association of municipalities for a further subsidy to cover non-investment expenditure.
(4) The grant is granted only for children, pupils or students in schools, fields of education and school services registered in the school register. The standards for the relevant calendar year shall be determined by the Ministry by 31 January at the latest and published in the Ministry Bulletin.
(5) The percentage of the standard referred to in paragraphs 1 and 2 is fixed at:
(a) secondary schools providing secondary education, schools carrying out educational programmes for pupils with disabilities, and primary schools special at 80%;
(b) other secondary schools not referred to in (a) and higher vocational schools at 60%;
(c) primary schools at 60%;
(d) school establishments for the performance of constitutional education, protective education and preventive education at 80%;
(e) nursery or school establishments which otherwise, under special legislation5) establish a municipality or a union of municipalities at 60%;
(f) other schools and schools at 50%.
§ 5
(1) An increase in the subsidy shall be concluded between the Regional Office and the legal person upon fulfilment of the conditions laid down in paragraphs 3 and 4 within the time limit laid down in paragraph 6.
(2) The percentage laid down in Article 4 (5) shall be increased
(a) secondary schools providing secondary education, schools carrying out training programmes for pupils with disabilities and primary schools which are 100% special;
(b) 90% for other secondary schools other than those referred to in (a) and higher vocational schools;
(c) for primary schools and primary arts schools at 100%;
(d) in the case of school establishments for the performance of constitutional education, protection education and preventive education at 100%;
(e) in the case of parent schools or educational establishments otherwise established by a municipality or a union of municipalities, at 100%;
(f) 80% for other schools and schools.
(3) The subsidy shall be increased in accordance with paragraph 2 if the legal person fulfils the following conditions:
(a) receives subsidies under Article 4;
b) has the latest results of the evaluation of the Czech School Inspection Office at least on average and a serious infringement of the legislation in force has not been detected in the last report on the control of the Czech School Inspection Office;
(c) is a generally beneficial company or a legal person of a school or, if it is in a different legal form, undertake in a contract to grant an increase in the grant to spend its entire profit for the relevant calendar year on education and education services, and, where appropriate, for schools or educational establishments carrying out educational programmes for pupils with disabilities and for rehabilitation.
(4) A grant increase contract may be concluded with a legal person per school year if, prior to the conclusion of a contract for at least one school year, it has been included in a network of pre-school institutions, schools and educational establishments according to existing legislation or registered in a school register and has provided education and education services in accordance with its inclusion in the pre-school, school and school facilities or entry into the school register. Where a legal person carries on more than one school and school establishment activity, compliance with the conditions for granting an increase in the subsidy for each school, field of education and school establishment shall be assessed separately.
(5) Where there is a change in the school register of a legal person engaged in the activity of a school or a school establishment, a new legal person may be contracted to increase the subsidy only if the school or educational establishment provided education or education services for at least one school year and if there is no change in any other facts relevant to the registration of the school register.
(6) Where a legal person submits to the Regional Office by 31 January an application for an increase in the grant for the next school year, together with documents certifying compliance with the conditions laid down in paragraphs 3 and 4, the Regional Office shall conclude a contract to increase the grant by 31 March. Where, by 31 January, a legal person fails to comply with the conditions laid down in paragraph 4, a grant increase contract may be concluded by 15 September, provided that the legal person complies with those conditions by 31 August.
(7) Where a legal person carries on more than one school and school establishment activity, the percentage of the increase in the subsidy for each school, education and school establishment shall be determined separately.
1) Paragraph 141 (1) of Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act).
2) Paragraph 7 (1) (e) of Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Societies and on the amendment of certain laws (Act on Churches and Religious Societies).
2a) § 170 of Act No. 561 / 2004 Coll.
3) Article 16 of Act No. 561 / 2004 Coll.
4) § 10 of Act No. 561 / 2004 Coll.
5) Sections 178 and 179 of Act No. 561 / 2004 Coll.
6) § 20 of Act No. 561 / 2004 Coll. '
2. Article 6, including the title and footnotes No 6a, 7) and 8) shall read as follows:
„§ 6
Rules governing the grant
(1) The subsidy is granted for the school year in advance for each quarter of the calendar year, not later than the last day of the first month of the first, second and third quarters and the 15th day of the second month of the fourth quarter. The annual amount of the grant shall be determined in accordance with Sections 4 and 5.
(2) The subsidy shall be granted on the basis of the actual number of children, pupils or students at school or school institutions, in the different fields and forms of education, beds or meals, as specified in the school matrices for the relevant school year, up to a maximum of the permitted number of children, pupils or students at school or school institutions, in the different fields and forms of education, beds or meals, as specified in the school register. The actual number according to the first sentence includes foreigners who receive education or education services under the same conditions as national citizens of the Czech Republic under the special legislature6a.
(3) If, during the school year, there is a change in the number of children, pupils, students as compared to the number for which the subsidy is granted, the legal person shall immediately notify that fact and prove to the Regional Office accordingly. The subsidy shall be adjusted from the beginning of the quarter following the change in which the overpayment or the underpayment occurred and shall be charged in accordance with paragraph 7. For pupils and students in the final years, the grant shall be granted until the end of the school year, irrespective of the fact that the final or final examination was already carried out in May or June. This also applies if discharge was carried out in May or June. If discharge takes place in another period, the grant shall be granted only until the end of the calendar quarter in which discharge is effected.
(4) If, during the school year, the Czech School Inspectorate or another inspection body finds serious shortcomings in the activities of a legal person, the Regional Authority may, depending on the nature of the deficiencies, withdraw from the grant contract, or, where appropriate, from the contract provided for in Section 3, if there is no other agreement.
(5) If a legal person who is not a generally beneficial company or a school legal person does not make a profit in education and education services, or in schools and educational establishments carrying out training programmes for pupils with disabilities, as well as for rehabilitation, as confirmed by the auditor, 7), and not later than 10 August of the following calendar year, the Regional Authority may withdraw from the grant increase contract. The increase in the subsidy granted under such a contract is subject to the provision of special legislation8) on the unlawful use of State budget funds.
(6) The amount of the grant may be reduced during the school year in which it is provided, for a shorter period than that referred to in paragraph 1, or increased in accordance with the regulatory measures to implement State budget expenditure decided on by the Government or the Minister of Finance. The amount of the subsidy may be reduced or granted for a shorter period than that referred to in paragraph 1 during the school year in which it is provided, if the legal person fails to comply with the provisions of paragraph 7.
(7) The legal person shall submit to the Regional Authority the accounts of the grant granted in accordance with the calendar year actually in accordance with the procedure laid down by the Ministry of Finance for the Settlement of Relations with the State Budget.
6a) § 20 of Act No. 561 / 2004 Coll.
7) Act No. 524 / 1992 Coll., on auditors and Chamber of Auditors of the Czech Republic, as amended.
8) Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended. '
3. Under Section 7, a new Section 7a is ruled:
„§ 7a
The scope laid down by this Law to the Regional Office shall be the exercise of the delegation of the Region. ';

ČÁST JEDENÁCTÁ

Amendment to the Act on the amendment and repeal of certain laws related to the Regional Act, the Act on Municipality, the Act on District Offices and the Law on the Capital City of Prague
Čl. XI
In Act No. 132 / 2000 Coll., amending and repealing certain laws related to the Act on Counties, the Act on Municipality, the Act on District Offices and the Act on the Capital City of Prague, as amended by Act No. 217 / 2000 Coll., Act No. 143 / 2001 Coll., Act No. 86 / 2002 Coll., Act No. 356 / 2003 Coll., Act No. 22 / 2004 Coll., Act No. 93 / 2004 Coll. and Act No. 99 / 2004 Coll., Part Twenty-fifth, Sixth and twenty-seventh Coll.

ČÁST DVANÁCTÁ

Amendment of the Act on the Protection of Public Health and on the amendment of certain related laws
Čl. XII
In Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Acts, as amended by Act No. 254 / 2001 Coll., Act No. 274 / 2001 Coll., Act No. 13 / 2002 Coll., Act No. 76 / 2002 Coll., Act No. 86 / 2002 Coll., Act No. 120 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 356 / 2003 Coll., Act No. 362 / 2003 Coll., and Act No. 167 / 2004 Coll., Part Sixteenth is deleted.

ČÁST TŘINÁCTÁ

Amendment of the Act on the budgetary rules of the territorial budgets
Čl. XIII
Act No. 250 / 2000 Coll., on the budgetary rules of territorial budgets, as amended by Act No. 450 / 2001 Coll., Act No. 320 / 2001 Coll. and Act No. 320 / 2002 Coll., is amended as follows:
1. In Article 1, at the end of paragraph 2, the words ", and the establishment of contribution organisations in the field of education by the municipality 'shall be added.
2. In Article 23 (1), at the end of point (d), the dot is replaced by a comma and the following point (e) is added:

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Regulation Information

CitationAct No. 562 / 2004 Coll., amending certain laws in connection with the adoption of the Education Act
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation10.11.2004
Effective from01.01.2005
Effective until-
Status Valid
The regulation text is for informational purposes only.
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