Decree No. 72 / 2003 Coll.
Decree on the drawing up of bankruptcy boards and the rules of their activities in the bankruptcy proceedings for selected functions in the field of education
Valid
Effective from 17.03.2003
72
DECLARATION
of 26 February 2003
on the drawing up of bankruptcy committees and the rules governing their activities in the bankruptcy proceedings for selected functions in the field of education
The Ministry of Education, Youth and Sports (hereinafter referred to as "the Ministry ') provides, pursuant to Section 13 (b) of Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education (hereinafter referred to as" the Act'):
Establishment and composition of bankruptcy committees
(1) The Competition Commission (hereinafter referred to as "the Commission") shall be set up and its members, including the President, shall be appointed no later than 30 days before the bankruptcy proceedings (hereinafter referred to as "bankruptcy") by the person entitled to appoint the persons to the office for which the bankruptcy takes place.
(2) The Director shall delegate to his staff the functions of the Secretary of the Commission, who shall organise and administer the meetings of the Commission. The Secretary is not a member of the committee.
(3) The composition of the Commission may be amended at the latest by the date of commencement of its activities in accordance with Article 3 (2). If, after the start of the commission, a member of the commission ceases to serve as a member of the commission, the new member shall be appointed by the founder.
(1) The following are appointed for members of the Commission in the event of bankruptcy as Central School Inspector:
(a) three heads of staff in the Ministry, one for education within the education system, 1) one for economic and one for administrative or control;
(b) one school inspection expert;
(c) one expert in public administration and self-government in education;
(d) one training expert within the education system.1)
(2) The following are appointed for members of the Commission in the event of bankruptcy as school inspector:
(a) two school inspectors of the Czech School Inspectorate,
(b) two members designated by the Ministry of Education within the education system, (1) economic, administrative or control areas;
(c) one school inspection expert;
(d) one expert in public administration in education.
(3) The following are appointed for members of the Commission in the event of bankruptcy as head of a school, head of a preschool establishment or director of a school establishment (2) established by the Ministry pursuant to § 12 of the Act:
(a) one member designated by the Ministry of Education within the education system, (1) in the field of economic, administrative or control;
(b) one member designated by the municipality according to the school, preschool or school establishment concerned;
(c) two experts in public administration in education, organisation and management by type and type of school concerned, preschool or school establishment;
(d) one teaching staff of the school, preschool or school establishment concerned;
(e) one school inspector from the Czech School Inspectorate,
(f) one member of the school board (3) if established at the school concerned.
(4) The following are appointed for members of the Commission in the event of bankruptcy of the title of the school director, the head of the pre-school establishment or the head of the school establishment (2) established by the Region under Article 16 of the Act:
(a) two members designated by the school, preschool or school establishment,
(b) one member designated by the Department of Education of the Regional Office;
(c) one expert in public administration in education, organisation and management by type and type of school, preschool or school establishment;
(d) one teaching staff of the school, preschool or school establishment concerned;
(e) one school inspector from the Czech School Inspectorate,
(f) one member of the school board if established at the school concerned.
(5) The following are appointed for members of the Commission in the event of bankruptcy as head of a school, head of a preschool establishment or head of a school establishment (2):
(a) two members designated by the school, preschool or school establishment,
(b) one member designated by the Department of Education of the Regional Office;
(c) one expert in public administration in education, organisation and management by type and type of school, preschool or school establishment;
(d) one teaching staff of the school, preschool or school establishment concerned;
(e) one school inspector from the Czech School Inspectorate,
(f) one member of the school board (3) if established at the school concerned.
(6) The following are appointed for members of the Commission in the event of bankruptcy of the title of the school director, the head of the pre-school establishment or the head of the school establishment established by the municipalities with the agreement of the Ministry pursuant to Article 14 (7) of the Act:
(a) two members designated by the school, preschool or school establishment,
(b) one member designated by the Department of Education of the Regional Office;
(c) one expert in public administration in education, organisation and management by type and type of school, preschool or school establishment;
(d) one teaching staff of the school, preschool or school establishment concerned;
(e) one school inspector from the Czech School Inspectorate,
(f) one member of the school board (3) if established at the school concerned.
(7) The Director may invite other experts with an advisory vote who are not members of the Commission pursuant to Paragraph 1 (1) to attend meetings of the Commission if necessary.
(8) A commission may be appointed without a teaching staff of the school concerned, a pre-school establishment or a school establishment:
(a) primary schools which do not have all years4) and in which all educationstaff apply for bankruptcy;
(b) new schools, preschool or school establishments;
(c) when bringing schools together, (5); or
(d) the merging of pre-school or school establishments. 6)
Activities of the Commission
(1) The Commission shall, on the basis of the requirements laid down by the founder, notify in an appropriate manner:
(a) the name of the function and the school, school establishment or pre-school establishment where the function is to be performed;
(b) qualification requirements laid down by specific legislation, 7)
(c) the name and address of the founder to whom applications are submitted;
(d) the particulars of the application and the date of its submission.
(2) The Commission will start its activities after its appointment by the founder. Members of the Commission, the Secretary and invited experts shall sign the confidentiality declaration, 8), even after the end of this bankruptcy, of the facts which they have been aware of in the course of it.
(3) The hearing of the committee is private.
(4) The Commission will assess whether the applications comply with the requirements set out in points (b) and (d) of paragraph 1 and whether the tenderers will be subjected to a test demonstrating knowledge of the issues in the field of education, youth and sports (hereinafter referred to as the "knowledge test") and propose to the organiser the exclusion of tenderers who have not met the conditions laid down in points (b) and (d) of paragraph 1. The application submitted after the deadline referred to in paragraph 1 (d) shall be returned by the President of the Commission to the tenderer without further consultation, stating the reason for the refund.
(5) The Commission will send a registered invitation for bankruptcy to the address indicated by the tenderer no later than 14 days before the date of the bankruptcy, indicating the place, date and time of the bankruptcy.
(6) The Commission is in a position to act if at least two thirds of the members of the Commission, including the President, are present.
(7) Upon completion of the conducted discussions, the members of the Commission shall request expert advice from experts invited under Article 2 (7).
(1) The Commission shall assess the suitability of the tenderer on the basis of an application and a controlled interview lasting at least 15 minutes and not more than 60 minutes, while taking account of the candidate's existing results, in particular in his or her positions in the education, youth and physical sciences department. Candidates may be further evaluated on the basis of a knowledge test set up by the Commission for a maximum period of 60 minutes. The questions of the knowledge test, the criteria and the conditions for evaluating the test shall be determined by the Commission. The assessment and evaluation of candidates in bankruptcy shall lay down the same conditions for all tenderers.
(2) Following the application, a controlled interview, the results of the candidate, in particular in his or her positions in the department of education, youth and sports, and, where appropriate, the knowledge test and the opinions of experts referred to in Article 3 (7), the Commission shall decide on the suitability of the candidate. A suitable candidate shall be such as to obtain an absolute number of positive votes from the members of the Commission. In the event of a tie, the vote shall be taken by the President. The President of the Commission shall indicate in the minutes referred to in paragraph 8 whether:
(a) no participant is suitable for the performance of his duties;
(b) one of the participants is suitable for the performance of his duties; or
(c) two or more participants are suitable for the performance of their duties.
(3) Where, pursuant to paragraph 2, a commission has decided that two or more participants are suitable for the performance of its duties, each member of the commission shall subsequently draw up its own ranking from the most suitable to the least suitable participant. The order of the participants shall be forwarded by all members of the Commission to the President of the Commission.
(4) The President of the Commission shall, upon receipt of the ranking of the participants referred to in paragraph 3, with the participation of all members present, carry out an overall assessment of the bankruptcy on the basis of paragraph 5 and determine the final ranking of the participants in the bankruptcy.
(5) The first shall become a participant with the lowest total location in the order of individual members of the Commission, with one best and one worst assessment of each participant not counted; if all the positions of the participant are the same, two of them shall not be counted. In the event of an equality between the lowest sum of the positions of multiple participants, the participant becomes the first in order to gain out of the lowest sum the location of the most first positions. Where more than one participant is evaluated in this way, the position of the participant in the order of the President of the Commission shall be decisive.
(6) After evaluation of the bankruptcy, the President of the Commission shall declare its result without undue delay in the presence of the members of the committee present to the participants in the bankruptcy. The participants will also be informed in writing of the result of the bankruptcy within 7 days of the announcement of the results of the bankruptcy.
(7) The result shall be the resolution of the Commission, including the final ranking of the participants referred to in paragraph 4, for which the panel has decided, pursuant to paragraph 2, that they are suitable for the performance of its duties. The final ranking of participants shall be of a recommended nature for the organisers.
(8) The Secretary of the Commission shall record the conduct of the bankruptcy, which shall include:
(a) the full text of the bankruptcy notice;
(b) the date and manner of the bankruptcy,
(c) the list of members of the committee present at the bankruptcy and any amendments thereto;
(d) the list of participants in the bankruptcy;
(e) the Commission's resolution pursuant to paragraph 2,
(f) the ranking of the participants with each member of the Commission referred to in paragraph 3 and the proof of the overall ranking of the participants referred to in paragraph 4, for which the panel has decided, pursuant to paragraph 2, that they are suitable for the performance of their duties;
(g) questions of the knowledge test and its evaluation where it has been used.
(9) The President shall forward the minutes signed by all members of the Commission who were present at the bankruptcy to the founder no later than 7 days after the end of the bankruptcy.
Reimbursement of costs
(1) Justified costs associated with the Commission's activities are borne by the founder.
(2) The costs associated with its participation in the bankruptcy shall be borne by each tenderer himself.
Transitional provisions and final provisions
The competition declared before the entry into force of this Order shall be completed in accordance with existing legislation.
They shall be deleted:
1. Decree No. 187 / 1991 Coll., on the drawing up of bankruptcy committees and the rules of their activities for bankruptcy proceedings for selected functions in the field of education.
2. Decree No. 251 / 1996 Coll., amending and supplementing the Decree of the Ministry of Education, Youth and Sports of the Czech Republic No. 187 / 1991 Coll., on the drawing up of bankruptcy committees and the rules of their activities for bankruptcy proceedings for selected functions in the field of education.
3. Decree No. 24 / 2000 Coll., amending the Decree of the Ministry of Education, Youth and Sports of the Czech Republic No. 187 / 1991 Coll., on the drawing up of bankruptcy commissions and the rules of their activities for bankruptcy proceedings for selected functions in the field of education, as amended by Decree No. 251 / 1996 Coll.
This decree shall take effect on the day of its publication.
Minister:
JUDr. Buzková v. r.
1) Article 1 (1) of Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended by Act No. 171 / 1990 Coll. and Act No. 138 / 1995 Coll.
2) Act No. 76 / 1978 Coll., on school establishments, as amended by Act No. 31 / 1984 Coll., Act No. 425 / 1990 Coll., Act No. 390 / 1991 Coll., Act No. 190 / 1993 Coll., Act No. 138 / 1995 Coll., Act No. 19 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 109 / 2002 Coll. and Act No. 284 / 2002 Coll. Act No. 29 / 1984 Coll., as amended. Act No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and preventive educational care in educational establishments and amending other laws.
3) Article 17c of Act No. 564 / 1990 Coll., as amended by Act No. 139 / 1995 Coll. and Act No. 284 / 2002 Coll.
4) Paragraph 6 (2) of Act No. 29 / 1984 Coll., as amended by Act No. 171 / 1990 Coll. and Act No. 138 / 1995 Coll.
5) Article 2 (2) of Act No. 29 / 1984 Coll., as amended by Act No. 171 / 1990 Coll., Act No. 138 / 1995 Coll. and Act No. 284 / 2002 Coll.
6) Paragraph 1 (1) of Act No. 76 / 1978 Coll., as amended by Act No. 390 / 1991 Coll. and Act No. 138 / 1995 Coll.
7) Decree No. 139 / 1997 Coll., on the conditions of professional competence of teaching staff and on the qualifications of educational advisers.
8) Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Acts, as amended by Act No. 227 / 2000 Coll., Act No. 177 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 107 / 2002 Coll., Act No. 310 / 2002 Coll. and Act No. 309 / 2002 Coll.
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Regulation Information
| Citation | Decree No. 72 / 2003 Coll., on the drawing up of bankruptcy boards and the rules of their activities in the bankruptcy proceedings for selected functions in the field of education |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.03.2003 |
|---|---|
| Effective from | 17.03.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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