Act No. 67 / 2022 Coll.
Law on measures in the field of education in connection with armed conflict in Ukraine caused by the invasion of Russian troops
Valid
Law
Effective from 21.03.2022
67
THE LAW
of 17 March 2022
on measures in the field of education in connection with armed conflict in Ukraine caused by the invasion of Russian troops
Parliament has decided on this law of the Czech Republic:
Subject matter
(1) This Act provides for measures in the field of education (1) which apply to foreigners who have been granted temporary protection in the Czech Republic under the Act on certain measures in connection with the armed conflict in the territory of Ukraine caused by the invasion of Russian federation2) and to holders of a licence for long-term residence in connection with an armed conflict in the territory of Ukraine caused by the invasion of Russian troops under the Act on certain measures in connection with the armed conflict in the territory of Ukraine caused by the invasion of Russian federation2) ("alien").
(2) The provisions of this Act shall apply, as a priority, before the provisions of other legislation.
Admission to pre-school education and basic education
(1) Where the principal of a parent school established by a municipality or a association of municipalities having its registered office in the school district in which a stranger has his place of residence, or a primary school established by a municipality or a association of municipalities having its registered office in the school district in which a foreigner has his place of residence, he shall inform the founder within 5 days of the registration scheme provided for in the school-based education or compulsory education, or the person referred to in Article 20 (2).
(2) The establishment shall determine, without undue delay after consultation with the Director of another school, the school set up by it, unless the maximum number of children or pupils registered in the school register is exceeded at that school. If no school can be designated, the founder shall inform the local authority responsible for the place of residence of the alien without undue delay. The Regional Office shall designate a school for education without undue delay, after consulting the Director of the school concerned and its founder; taking into account the place of residence of the alien.
(3) Where no school can be designated by the Regional Office pursuant to paragraph 2, the Regional Office shall inform the Ministry of Education, Youth and Sports without undue delay (hereinafter referred to as the Ministry). The Ministry shall designate, without undue delay, another Regional Office which, in cooperation with the Regional Office referred to in paragraph 2, shall designate a School for Education without undue delay, after consulting the Director of the School concerned and its founder; taking into account the place of residence of the alien.
(4) The headmaster of the designated school shall decide on the admission of a foreigner to education unless the maximum number of children or pupils registered in the school register and school establishments is exceeded.
(5) The principal of the primary school may, in agreement with the founder, provide only for entry for foreigners in basic education between 1 June and 15 July. A stranger may not submit an application for registration in this school, held within the time limit of § 34 (2) or § 36 (4) of the Education Act.
(6) Where the school director provides for the registration referred to in paragraph 5, he shall notify the place and time of its conduct at the latest, together with the notification of the place and the duration of the registration under the school law. The minutes referred to in paragraph 5 shall be subject to the rules governing the enrolment under the Education Act, except for the period referred to in Articles 34 (2) and 36 (4) of the Education Act.
Sleep school in case of cancellation of the location of the reported stay
In the case of a candidate for admission to pre-school or primary education, to whom the Ministry of the Interior, pursuant to Section 6a of the Act on certain measures relating to the armed conflict in the territory of Ukraine caused by the invasion of Russian Federation troops in the information system of foreigners, has abolished the indication of the place of registered residence in the territory of the Czech Republic, the school is not a parent or primary school according to the seat of the Ministry of Interior. The establishment of a parent or primary school shall be governed by the place of residence declared under another law.
Time limit for starting compulsory education
The stranger is obliged to start compulsory education or compulsory pre-school education no later than 90 days after the date of granting of temporary protection.
Discharge procedure
If a stranger performing compulsory education does not attend primary school or secondary school, or if a stranger does not participate in primary school education or pre-school education at a nursery school continuously for at least 15 days, he shall not provide reasons for his absence in accordance with the conditions laid down by the school rules and, following a subsequent written invitation from the school director, sent to the last known address of the legal representative of a stranger within 15 days of the date of dispatch of the invitation to continue attending the school, he shall cease to be a child in the nursery or in the student school.
Content of education in parent, primary, secondary, higher vocational school and conservatory
In the course of the training of a child, pupil or student who is a foreigner enjoying temporary protection under § 1 (1) for a period of less than 12 months, the head of a parent school, primary school, secondary school, conservatory or higher vocational school for the purpose of adapting that person to education under the school law may, for a period of time strictly necessary in part or in full, replace the educational content of a school education programme or accredited training programme with other appropriate educational content according to the needs of the child, pupil or student. Appropriate educational content according to the needs of the child of a kindergarten, primary school pupil or secondary school may not be in line with the framework curriculum.
Admission to secondary education, conservatory and higher vocational education
(1) The Director of a secondary school or conservatory may accept and include a stranger who has temporary protection in accordance with § 1 (1) for a period of less than 12 months, even in the current first year.
(2) The Director of the Higher Education School may accept and include a stranger who is entitled to temporary protection under Section 1 (1) for a period of less than 12 months, even in the current first year.
Admission procedures for secondary and higher vocational education and Conservatory education
(1) In an admission procedure for secondary education and for conservatory education, a stranger may replace a document proving the acquisition of a prior education, the fulfilment of compulsory schooling, the evaluation of testimonies from prior education or other facts which prove the appropriate ability, knowledge and interests of the applicant, by a declaration of honour, if he does not have the document.
(2) In the recruitment procedure for higher vocational training, a stranger may replace a document proving the acquisition of prior education or the fulfilment of the admission criteria in accordance with § 94 (3) (a) or (c) of the Education Act by a declaration of honour if he does not have the document.
Specific rules on deadlines, deadlines, admission to education and termination of education
(1) In order to mitigate the consequences of a mass influx of displaced persons in the context of an armed conflict on the territory of Ukraine caused by the invasion of Russian troops, the Ministry may determine measures of a general nature in relation to foreigners.
(a) different dates or time limits from those laid down by, or established on the basis of, education law or implementing legislation, where their fulfilment is not possible or would cause considerable difficulties; or
(b) the different means or conditions of admission to education or termination of education where the procedure under the Education Act or this Act would not be possible or would cause considerable difficulties.
(2) A general measure must be issued in accordance with the principles and objectives of education set out in Section 2 of the Education Act.
(3) Measures of a general nature shall be taken without a procedure for the draft measure of a general nature. The Ministry shall notify measures of a general nature by hanging on its official plate and publish them in a manner that allows remote access for at least 15 days. A measure of a general nature shall take effect on the date of hanging on the official plate or on a later date specified therein. If the reasons for issuing measures of a general nature have changed, the Ministry shall withdraw or amend it without delay.
Data on foreigners
(1) The legal person or organisational body of the State carrying out the activities of a school or school establishment shall, at the request of the Ministry, transmit electronically to the Ministry details of foreigners contained in their documentation or in the school matrix. The legal person or organisational body of the State carrying out the activity of a school or school establishment shall, in accordance with the first sentence, also collect and transmit an indication of the number of the visa sticker, if marked on the visa, or an indication of the number of the travel document and the licence for long-term residence in connection with an armed conflict in the territory of Ukraine caused by the invasion of Russian troops; the alien is obliged to pass this information on to the legal person.
(2) The Regional Office shall, at its invitation, transmit electronically to the Ministry details of foreigners with deep mental disabilities, to whom it has provided for a method of education under Section 42 of the Education Act, to the extent of the name and, where appropriate, the name, surname, date of birth and place of residence. The Regional Office shall, in accordance with the first sentence, also collect and transmit an indication of the number of the visa sticker, if marked on the visa, or an indication of the number of the travel document and the long-stay permit in connection with the armed conflict in Ukraine caused by the invasion of Russian troops; the alien is obliged to transmit this information to the Regional Office.
(3) The Ministry provides data pursuant to paragraphs 1 and 2 to the Ministry of the Interior, the Police of the Czech Republic, the Ministry of Labour and Social Affairs and the Office of the Labour of the Czech Republic for the purpose of exercising their duties.
Exemptions from hygiene requirements for schools and school establishments
(1) In the case of a request for a school or a school establishment in connection with the education or provision of school services by foreigners for a change in the data kept in the register of schools and educational establishments under Section 149 of the Education Act, if the maximum permitted number of children, pupils and students at a school or school establishment, including their separate workplaces, beds, digested, classes, groups or other similar units, is not required, the opinion of the competent public health authority and the building office under Section 147 (1) (h) of the Education Act is not required. The administrative authority's decision to increase the maximum permitted number of children, pupils and students in a school or school establishment, including their secluded workplaces, beds, digested, classes, groups or other similar units, shall be effective in the proceedings under the first sentence for the duration of this Act, unless the applicant has requested a shorter period of time.
(2) School and educational establishments which educate or provide school services to foreigners are not subject to the hygiene requirements for the spatial conditions laid down in Article 7 (1) of the Act on the Protection of Public Health (3).
Specific rules for universities
(1) In the case of a candidate for a university degree or a student who is a stranger, he may:
(a) in the case of a foreigner enjoying temporary protection as provided for in Article 1 (1) for a period of less than 12 months, a university or faculty individually for the applicant or for a specifically defined group of such applicants to determine the conditions for admission to study under Section 49 of the Higher Education Act, establish the date and manner of verification of compliance with the conditions for admission to study or, where appropriate, other forms, framework content or criteria for evaluation of the entrance examination; the obligation to publish in good time pursuant to Article 49 (5) of the Higher Education Act shall not apply;
(b) when proving the previous education achieved, the document referred to in Articles 48 (4) (e) and 48 (5) (c) of the Higher Education Act shall be replaced by an affidavit of such a person on the facts otherwise demonstrated by such evidence or by verification in accordance with Article 90 (3) of the Higher Education Act, unless he has the document; prior education for the purposes of admission to university without institutional accreditation may be demonstrated in accordance with § 48 (4) (e) and § 48 (5) (c) of the Higher Education Act at another university with institutional accreditation under an agreement between higher education institutions,
(c) a rector of a public or public higher education institution or a body of a private higher education body exercising the responsibility of the rector to decide to exempt the candidate from the fee under Section 48 (7) of the Higher Education Act;
(d) the rector of a public university to decide on exemption from fees under Section 58 of the Higher Education Act and the Ministry of Defence or the Ministry of Interior to decide on exemption from the fee under Section 95 (10) (d) of the Higher Education Act;
(e) a rector of a public or state university or a faculty Dean or a body of a private university exercising the duties of a rector or dean to decide to suspend a study whose duration will not be included in the total period of suspension or the maximum period of study;
(f) a rector of a public or public university or a Dean of the Faculty or a body of a private university exercising the responsibilities of the Rector or Dean shall decide not to count the period of study from 24 February 2022 until the date on which the decision to suspend the studies referred to in (e) becomes final.
(2) The College may use funds from non-assigned funds for humanitarian purposes relating to the situation of foreigners. For the purposes of this Act, funds shall be regarded as non-earmarked funds according to § 18 (6) (a), (b), (d) and (g) of the Higher Education Act.
(3) Paragraph 1 (c) to (f) also applies to a university student who is a national of Ukraine and is not a foreigner referred to in § 1 (1). "
Exemption from the fee for nostallization
(1) An alien enjoying temporary protection as provided for in Article 1 (1) for a period of less than 12 months shall be exempt from the fee for accepting an application for recognition or issuing a certificate of recognition of the equivalence of evidence of basic, secondary or higher vocational training obtained at a foreign school under heading 10 (d) of the Annex to the Administrative Charges Act.
(2) An alien enjoying temporary protection under Paragraph 1 (1) for a period of less than 12 months shall be exempt from the fee for acts relating to the procedure for the application for recognition of foreign higher education and qualifications under Section 90a (2) of the Higher Education Act.
(3) An alien enjoying temporary protection under Paragraph 1 (1) for a period of less than 12 months shall be exempt from the fee for accepting an application for recognition of foreign higher education and a proof of foreign higher education under heading 22 (m) of the Annex to the Administrative Charges Act.
Efficacy
This Act shall take effect on the day of its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
1) Article 14 of Council Directive 2001 / 55 / EC of 20 July 2001 on minimum standards for the granting of temporary protection in the event of a mass influx of displaced persons and on measures to ensure a balance between Member States in making efforts to receive such persons and the consequences thereof.
2) Act No. 65 / 2022 Coll., on certain measures relating to armed conflict in the territory of Ukraine caused by the invasion of Russian troops.
3) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended.
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Regulation Information
| Citation | Law No. 67 / 2022 Coll., on measures in the field of education in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.03.2022 |
|---|---|
| Effective from | 21.03.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
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