Decree No. 72 / 2005 Coll.
Ordinance on the provision of advisory services in schools and school counselling establishments
Valid
Effective from 17.02.2005
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72
DECLARATION
of 9 February 2005
on the provision of advisory services in schools and school advisory establishments
The Ministry of Education, Youth and Sports provides, pursuant to § 28 (6), § 121 (1) and § 123 (5) of Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended by Act No. 383 / 2005 Coll. and Act No. 49 / 2009 Coll.:
Provision of advisory services
(1) School and school advisory services are provided to children, pupils, students, their legal representatives, schools and educational establishments.
(2) School advisory establishments and schools set up by the State, Region, Municipality or Municipality shall provide standard advisory services free of charge to the extent specified in Annexes 1 to 4 to this Order, at the request of pupils, their legal representatives, schools or educational establishments or at the discretion of a public authority.
(3) Schools and schools other than those referred to in paragraph 2 shall provide free advisory assistance to:
(a) identification of special educational needs or special talent of the pupil;
(b) the recommendations of appropriate support measures and the evaluation of the provision of support measures to pupils with special educational needs and to pupils with exceptional qualifications;
(c) recommendations for the inclusion of a pupil in a school, class, department or study group established in accordance with Paragraph 16 (9) of the Education Act or for the inclusion or transfer of a pupil into an educational programme corresponding to the educational needs of the pupil; and
(d) promoting the education of pupils with special educational needs and of pupils gifted in schools and schools, as well as mitigating the consequences of disadvantages and preventing them from deepening.
(4) The provision of psychological, specially pedagogical or logopedic advisory services in a school institution and individual psychological, specially pedagogical or logopedic advisory services in a school shall be subject to the information referred to in paragraph 5 or 6. In addition, written consent of an adult student or legal representative of a pupil shall be required to provide psychological, specifically pedagogical or logopedic advisory services at a school guidance institution. The second sentence does not require agreement in cases provided for by other legislation1). In order to provide psychological, specifically pedagogical or logopedical advisory services at school, the consent of an elderly pupil or legal representative of a pupil shall not be required unless otherwise provided for by other legislation7.
(5) The educational advisory establishment must inform the pupil in advance in a clear manner and, in the case of a pupil with a legal representative, his legal representative
(a) any essential elements of the advisory services provided, in particular the nature, scope, duration, objectives and procedures of the advisory services provided;
(b) the benefits that can be expected and any foreseeable consequences that may result from the provision of the advisory service, as well as the possible consequences, if that service is not provided,
(c) his rights and obligations associated with the provision of advisory services, including the right to request at any time the provision of advisory services again, the right to submit a proposal for a hearing under § 16a (5) of the Education Act, the right to request a revision under § 16b of the Education Act, the right to apply to the Czech School Inspection Office under § 174 (6) of the Education Act and the right to withdraw the consent under paragraph 4 in writing.
(6) The school shall inform the pupil in a verifiable and comprehensible manner and, in the case of a pupil with a legal representative, its legal representative,
(a) the psychological, specifically pedagogical or logopedic advisory services it provides, including the identification of the teaching staff providing them;
(b) the purpose and course of the provision of psychological, specifically pedagogical or speech advisory services; and
c) the rights and obligations of the pupil and his legal representative associated with the provision of psychological, specially educational or speech advisory services at the school, including the right to contact the Czech School Inspection Office pursuant to § 174 (6) of the Education Act.
(7) Written consent to the provision of psychological, specifically pedagogical or logopedic advisory services in a educational institution includes:
(a) the identification of the educational institution and pupil;
(b) identification of the psychological, specifically educational or logopedic advisory services covered by written consent;
(c) the signature of the pedagogical staff of the educational institution providing the information referred to in paragraph 5; and
(d) the date and signature of the adult pupil or legal representative of the pupil certifying that he / she agrees to provide the advisory services referred to in (b).
(8) The advisory service at the educational institution shall be provided without undue delay, but no later than three months after the date of receipt of the application, unless otherwise provided for by other legislation. The condition for providing advisory services on request is that the applicant has provided the synergies needed to fulfil the purpose of the advisory service. Crisis advisory assistance shall be provided without delay; paragraph 4 shall not apply.
Consultancy services for the detection of special educational needs or special talent
(1) The advisory services of educational institutions for the purpose of identifying special educational needs or exceptional qualifications of pupils are mainly the result of a report and recommendations which are subject to other legislation4).
(2) The educational institution shall not provide a advisory service for the purpose of identifying special educational needs or exceptional talents of the pupil if the previous recommendation issued previously in force to the applicant has been issued by the same or other educational institution, except in the case referred to in the Education Order for pupils with special educational needs and pupils with qualifications (6).
(3) In addition, the school advisory institution shall issue a report whenever the advisory service consists of psychological, specifically pedagogical or logopedic diagnostics, or at the discretion of a public authority.
Purpose of advisory services
The purpose of advisory services is to contribute in particular to:
(a) creating suitable conditions for healthy physical and psychological development of pupils, for their social development, for the development of their personality before and during education;
(b) meeting educational needs and developing skills, skills and interests before and during education;
(c) identifying the special educational needs of the pupil and the special talent of the pupil, recommending appropriate support measures and evaluating the provision of support measures to pupils with special educational needs and to those with special qualifications;
(d) prevention and management of educational and educational difficulties, prevention of different forms of risk behaviour and other problems related to education and incentives to overcome problems;
(e) the creation of appropriate conditions for the education of pupils referred to in Section 16 (9) of the Education Act;
(f) the creation of appropriate conditions, forms and methods of work for pupils who are members of other cultures or who live in different living conditions;
(g) the creation of appropriate conditions, forms and methods of work for pupils who are gifted and extremely gifted;
(h) appropriate choice of educational means and later professional application;
(i) the development of pedagogic-psychological, specifically pedagogical and vocational logopedical knowledge and professional skills of teaching staff in schools and schools;
(j) promoting the education of pupils with special educational needs and of pupils gifted in schools and schools, as well as mitigating the consequences of disadvantages and preventing them from deepening;
(k) methodological support for teachers involved in the training of pupils with special educational needs and gifted pupils;
(l) methodological support for educational advisers and school methods of prevention, teachers' assistants and other teaching and non-teaching staff involved in providing support measures in pupil education;
(m) enhancing the quality of the advisory services provided, in particular through the cooperation of educational and educational institutions involved in the provision of advisory services at school;
(n) cooperation with public authorities and with a legal person referred to in Article 16b (1) of the Education Act.
Rules on the provision of advisory services
(1) In the provision of advisory services to schools and educational institutions
(a) comply with the purpose of advisory services;
(b) respect the ethical principles of the provision of advisory services;
(c) they are based on the individual needs of the pupil, promote its autonomy and contribute to its social inclusion;
(d) provide an adult pupil or legal representative with a report and recommendations resulting from psychological, specifically pedagogical or logopedic diagnostics;
(e) cooperate with other schools and schools;
(f) monitor and evaluate the provision of proposed support measures by the pupil;
(g) inform the pupil and the legal representative of the student of the advisory services provided by the school or the educational institution.
(2) In the provision of advisory services, educational advisory services shall be based on the conclusions of a medical assessment of the pupil's health or assessment by another expert, if such assessment is necessary.
(3) In the provision of advisory services, the educational institution, on the basis of the consent of an adult pupil or legal representative of a pupil, shall provide the conclusions of the examinations which are the basis for the recommendation on the training of a pupil with special educational needs, to another educational institution involved in the care of the pupil.
School advisory facilities
(1) School advisory services are provided by educational and social staff whose activities are set out in Annex 4 to this Decree. The headmaster of the educational institution shall ensure the continuous methodical management of these staff.
(2) Professional support is provided to pedagogical staff engaged in educational and psychological activities in schools and educational institutions in order to improve the quality of advisory services by a legal person established by the Ministry of Education, Youth and Sports.
(3) In order to meet the educational needs of the pupil, the educational institutions cooperate with other experts in the provision of advisory services.
Further documentation
(1) The educational advisory establishment shall keep documentation
(a) requests for advisory services, refusal or interruption of advisory services;
(b) the examination, its results and the provision of individual and group care, including the report and recommendations for the training of a pupil with special educational needs and an extremely gifted pupil;
(c) recommendations for the provision of support measures, their type, composition and degrees and any amendments thereto;
(d) on recommendations for the education of pupils at school, class, department or study group established under Section 16 (9) of the Education Act;
(e) recommending assessments of a school-based guidance institution for the postponement of compulsory education (hereinafter referred to as the "recommending assessment of a school-based advisory establishment"),
(f) comments on the individual education of the pupil;
(g) to grant consent pursuant to Article 1 (4);
(h) cooperation with schools and school establishments;
(i) communication and cooperation with public authorities;
(j) the revision of the report and recommendations under Section 16b of the Education Act.
(2) The school shall keep the documentation referred to in points (b), (h) and (i) of paragraph 1 on the advisory services provided by the school method of prevention, the educational advisor, the school psychologist, the special teacher, the school looped or the social educator.
(3) In addition, the School maintains documentation on the support measures granted in the first instance.
Consultation
(1) The work of the Advisory Board shall be carried out on an outpatient basis at the centre of the Advisory Centre and by visits to the staff of the Legal Person carrying out the advisory activities in schools and schools.
(2) Consultation
(a) establish the conditions for the postponement of compulsory education and issue in this context a report and a recommendation for the assessment of the educational institution;
(b) carry out a diagnosis of school maturity in order to set up a training support measure under the individual training plan in the event of postponement of compulsory education;
(c) identify the special educational needs of school pupils and, on the basis of the results of psychological and specific pedagogical diagnostics, make recommendations with proposals for support measures for pupils;
(d) issue a report and recommendations under another legislation4) in order to establish support measures on the basis of an assessment of the special training needs of the pupil or of the special talent of the pupil;
(e) issue a report and recommendations under another legislation4) for the inclusion of a pupil in a school, class, department or study group set up pursuant to Paragraph 16 (9) of the Education Act or for the inclusion or transfer to an education programme corresponding to the educational needs of the pupil;
(f) carrying out psychological and specially educational examinations for pupils with special educational needs and those with special qualifications;
(g) provide pupils with direct pedagogical and psychological intervention;
(h) provide advisory services to pupils at increased risk of school failure or problems in personal and social development; their legal representatives and educational staff educating these pupils provide advisory services aimed at clarifying the personal perspectives of pupils,
(i) provide advisory services to pupils from a different cultural environment and with different living conditions;
(j) provide methodological support to school and school staff in providing support measures;
k) provides career guidance to pupils;
(l) provide information, consultation, advisory and methodological support to legal representatives of the pupil;
(m) ensure, through the prevention methodology, the prevention of risk behaviour, the implementation of preventive measures and the coordination of school prevention methodologies.
(3) The methodological management of schools in the provision of advisory services focuses, in particular, on the coordination and professional quality of the activities of school staff involved in the provision of advisory services,
(a) supporting pupils with special educational needs and gifted pupils, pupils at risk of early leaving education and pupils with educational problems, including pupils with difficulty in adapting to the school environment and social-relationship problems;
(b) diagnostics of pupils who are gifted and extremely gifted at school; and
(c) activities aimed at the mental health of pupils.
Specially teaching centre
(1) The teaching centre (hereinafter referred to as "the Centre") provides advisory services in the education and training of pupils with mental, physical, visual or auditory disabilities, speech defects, concurrent disabilities with multiple defects, autism or other similar disadvantages to the extent appropriate to one or more types of such disadvantages in accordance with Part II of Annex 2 to this Decree.
(2) The activities of the Centre shall be carried out on an outpatient basis at the Centre's workplace and by visiting the Centre's pedagogical staff in schools and school establishments, as appropriate in families, in the childcare facilities referred to in paragraph 1.
(3) Centre
(a) establish the conditions for the postponement of compulsory education of the pupils referred to in paragraph 1 and issue in this context a report and a recommendation on the assessment of the educational institution;
(b) carry out a diagnosis of the school maturity of the pupils referred to in paragraph 1 in order to set up a training support measure in accordance with the individual training plan in the event of postponement of compulsory education;
(c) identify the special educational needs of the pupils referred to in paragraph 1, based on a medical assessment of the state of health or an assessment by another expert, process technical documentation for setting up support measures for those pupils and for their inclusion or reassignment in schools and educational establishments and for other educational measures, draw up reports from examinations and recommendations for pupil education;
(d) provide special pedagogical care, special pedagogical education and speech intervention for pupils referred to in paragraph 1 who are trained in a school, class, department or study group which is not set up under Paragraph 16 (9) of the Education Act, unless such services can be provided by a pupil's school or educational establishment, or for pupils referred to in paragraph 1, which provides for a different course of compulsory schooling (2);
(e) issue a report and recommendations under another legislation4) in order to establish support measures on the basis of an assessment of the student's specific training needs;
(f) issue a report and recommendations pursuant to another legislation4) for the inclusion of a pupil in a school, class, department or study group set up under Paragraph 16 (9) of the Education Act or for the inclusion or transfer to an education programme corresponding to the educational needs of the pupil;
(g) provide career advice to the pupils referred to in paragraph 1;
(h) carry out specifically educational, psychological and logopedic diagnostics and provide advisory services with a focus on helping to solve problems in education, on the psychological and social development of pupils referred to in paragraph 1, on identifying individual assumptions and creating conditions for the application and development of competences, talent and inclusion in society;
(i) advise teachers and legal representatives on the education of pupils referred to in paragraph 1;
(j) provide methodological support to school and school staff in providing support measures;
(k) provide information, consultation, advisory and methodological support to legal representatives of pupils.
(4) Article 5 (3) shall apply mutatis mutandis for the methodological management of parent, primary and secondary schools established under Article 16 (9) of the Law of Education and of primary schools of speciality in the provision of advisory services.
Referral assessment of the educational institution
(1) The recommended assessment of the educational institution includes:
(a) identification of the child, the educational institution and the school in which the child is trained;
(b) to specify the way in which the child is recommended;
(c) a summary of the conclusion;
(d) the specialisation of a doctor who has issued a recommendation that the child's health status does not permit his or her participation in education in the long term; where appropriate, information that a clinical psychologist has issued a recommendation;
(e) the date of the examination at the educational institution and the date of issue; and
(f) the signature of the head of the establishment of the educational institution; if the recommended assessment of the educational institution is sent through a data box, this signature is not required.
(2) The model recommending the assessment of the educational institution is set out in Annex 5 to this Decree.
School
(1) As a general rule, guidance services at a nursery school are provided by teachers of a parent school determined in accordance with the procedure laid down in Section 120a (2) of the Education Act. The provision of advisory services in primary or secondary schools is generally attended by educational advisers and school prevention methodologies, who cooperate in particular with class teachers, education teachers, or with other teaching staff. The provision of advisory services in a parent, primary, secondary or higher vocational school may involve a psychologist, a special educator, a school logoted or a social educator. The activity of teaching staff under this paragraph is laid down in Annex 3 to this Order.
(2) At the nursery school, advisory services are provided to the extent appropriate to the number and educational needs of the children of the school aimed in particular at:
(a) the identification and support of children with special educational needs and of children gifted and extremely gifted;
(b) support for children at potential risk of school failure;
(c) support for children with significant deficits in learning results in key personal and social competences;
(d) the implementation of methodological consultations between educators and educational institutions; and
(e) the continuous transmission of information to legal representatives on the implementation and proposed support of their child in pre-school education.
(3) In primary and secondary schools, counselling services are provided to the extent appropriate to the number and educational needs of pupils focused on:
(a) support measures for pupils with special educational needs;
(b) monitoring and evaluating the effectiveness of the selected support measures;
(c) prevention of school failure;
(d) career advice linking educational, information and advisory support to the appropriate choice of educational path and later professional application;
(e) promoting the education and social inclusion of pupils from a different cultural environment and with different living conditions;
(f) support for the education of pupils who are gifted and extremely gifted;
(g) continuous and long-term care of pupils with educational or educational difficulties and the creation of a favourable social climate for accepting cultural and other differences at school and school institutions;
(h) early intervention in the case of current problems in individual pupils and class societies;
(i) preventing all forms of risk behaviour, including various forms of bullying and discrimination;
(j) ongoing evaluation of the effectiveness of the preventive programmes undertaken by the school;
(k) methodological support for teachers in the use of psychological, specifically pedagogical, social pedagogical and speech procedures in the educational activities of the school;
(l) cooperation and communication between school and legal representatives,
(m) the cooperation of the school in the provision of advisory services with educational advisory establishments.
(4) Consultancy services may be provided within the scope of paragraph 3 at a university.
(5) The parent, primary and secondary schools shall process and carry out a programme of advisory services at the school which shall include a description and definition of the scope of the activities of the pedagogy staff referred to in paragraph 1. The primary and secondary schools further process and implement a preventive programme of the school, including a strategy to prevent school failure, bullying and other manifestations of risky behaviour.
(6) The pedagogical staff referred to in paragraph 1 shall participate in the provision of support measures for pupils with special educational needs, shall provide synergies with educational institutions and shall cooperate with public authorities to protect the rights of pupils.
(7) The school also cooperates with the educational institution in the field of other services provided to pupils according to the standard activities listed in Annexes 1 and 2 to this decree and services provided by the school.
Provision of advisory services for remuneration
(1) School advisory establishments established by the State, Region, Municipality or Municipality shall provide, in return for payment, the advisory services listed in Annexes 1 to 3 to this Order, at the request of persons not listed in Section 1 (1).
(2) The amount of the remuneration for the provision of advisory services referred to in paragraph 1 shall be equal to or less than the sum of all costs evidently and necessarily incurred by the educational institution for the service provided.
Repeal
They shall be deleted:
1. Decree of the Ministry of Education of the Czech Socialist Republic No. 130 / 1980 Coll., on educational advice.
2. Decree No. 233 / 2003 Coll., amending Decree No. 130 / 1980 Coll., on educational advice.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
JUDr. Buzková v. r.
Příloha č. 1
Annex No 1 to Decree No 72 / 2005 Coll.
Standard consultancy activities
I. Comprehensive or focused psychological and specially educational diagnostics:
1. Detection of conditions for the granting of deferral of compulsory schooling and for carrying out diagnosis of school maturity.
2. Individual psychological and pedagogical diagnostics of pre-school children due to uneven development.
3. Individual psychological and special pedagogical diagnostics of pre-school children, primary school pupils and secondary school pupils with adaptation problems and educational problems, including specific behavioural disorders.
4. Individual Psychological and specifically pedagogical diagnostics of primary school pupils, secondary school pupils and higher vocational school students with educational problems, including specific learning disorders, and non-profit pupils.
5. Individual psychological and specially educational diagnostics as a basis for:
(a) proposals for support measures, including their breakdown into degrees and possible combinations;
(b) the inclusion and reassignment of pupils with serious learning or behaviour disorders in schools, classes, departments and study groups established under Article 16 (9) of the Education Act;
(c) psychological and specially educational diagnostics of primary school pupils, secondary school pupils and students of higher vocational schools with personality or social-relationship problems;
(d) psychological and specially pedagogical diagnostics of the talents and extraordinary talents of pupils;
(e) recommendations for the training of pupils with specific learning or behaviour disorders and other specific educational needs.
6. Group and individual psychological and specifically pedagogical diagnostics as a basis for helping primary school pupils and secondary school pupils in cases of complications in the choice of another school or profession.
7. Diagnostics of social climate and risk behaviour in class collections as a basis for the development of risk behaviour prevention programmes.
8. Diagnostics of the social climate of class collective as a basis for the development of corrective programmes.
9. Individual psychological and special pedagogical diagnostics of the extraordinary talents of pupils.
II. Psychological and specially educational intervention:
1. Consultative intervention for pre-school children, primary school pupils, secondary school pupils and students of higher vocational schools, legal representatives and educational staff in a life crisis or emergency, and individual assistance to these individuals in crisis processing in cases of problems that adversely affect the education of the child or pupil.
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Regulation Information
| Citation | Decree No. 72 / 2005 Coll., on the provision of advisory services in schools and school counselling establishments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.02.2005 |
|---|---|
| Effective from | 17.02.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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