Decree No. 73 / 2005 Coll.
Decree on the education of children, pupils and students with special educational needs and children, pupils and students of exceptional talents
Valid
Effective from 17.02.2005
73
DECLARATION
of 9 February 2005
on the education of children, pupils and students with special educational needs, and children, pupils and students of exceptional talents
The Ministry of Education, Youth and Sports provides, pursuant to § 7 (3), § 19, § 23 (3), § 26 (4) and § 56 of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act):
GENERAL PROVISIONS
(1) The education of children, pupils and students (hereinafter referred to as "pupils") with special educational needs (hereinafter referred to as "special education") and the training of pupils of extraordinary qualifications is carried out using compensatory and support measures.
(2) For the purposes of this decree, compensation measures for the education of pupils with a health or social handicap shall mean the use of teaching methods and, where appropriate, specific teaching methods and procedures which correspond to the educational needs of pupils, the provision of individual support in the framework of teaching and training for teaching, the use of guidance services for schools and educational institutions, the individual training plan and the services of assistant education2). The school provides these measures on the basis of a pedagogical assessment of the educational needs of the pupil, the course and the results of his or her education and, where appropriate, in cooperation with the educational institution.
(3) For the purposes of this Decree, support measures for the education of pupils with disabilities are the use of special methods, procedures, forms and means of education, compensation, rehabilitation and teaching aids, special textbooks and didactical materials, the classification of subjects specifically educational care, the provision of pedagogical-psychological services (1), the provision of teaching assistant services (2), the reduction of the number of pupils in the classroom or study group or other arrangements of the training organisation taking into account the special educational needs of the pupil.
(4) For the purposes of this decree, support measures for the training of extremely gifted pupils are the use of special methods, procedures, forms and means of education, didactic materials, the provision of pedagogical psychological services, or other arrangements for the organisation of education taking into account the educational needs of such pupils.
(5) For the purposes of this decree, pupils with severe visual impairment, severe auditory impairment, severe physical impairment, severe communication disability, deafblind, multiple defects with concurrent disability, autism, severe physical or moderate, severe or deep mental impairment shall be regarded as having a severe disability. These pupils have the highest degree of support in terms of the extent of special training needs.
(6) A pupil with a social handicap shall be considered to be a pupil with a social handicap for the purpose of granting the compensatory measures referred to in paragraph 2, in particular a pupil from an environment in which he does not receive the necessary support for the proper course of education, including the cooperation of legal representatives with the school, and a pupil disadvantaged by a lack of knowledge of the language of instruction.
SPECIFIC EDUCATION
Principles and objectives of special education
Special education is provided to pupils for whom special educational needs have been identified on the basis of a special pedagogical or, where appropriate, psychological examination of educational counselling establishments (m3) and their scope and severity justify the inclusion of pupils in the special education scheme. Special education is also provided to pupils in schools set up in schools for the performance of constitutional and protective educations4).
Forms of special education for pupils with disabilities
(1) Special education of pupils with disability (5) is provided
(a) by means of individual integration;
(b) through group integration,
(c) in a school set up separately for pupils with disabilities (hereinafter referred to as a special school); or
(d) a combination of the forms referred to in (a) to (c).
(2) Individual integration means the education of a pupil
(a) in a normal school; or
(b) in cases of special consideration in a special school intended for pupils with another type of disability.
(3) Group integration means the education of a pupil in a class, department or study group set up for pupils with disabilities in a common school or special school intended for pupils with another type of disability.
(4) Pupils without disabilities are not trained according to the education programme for pupils with disabilities.
(5) A student with a medical disability may, exceptionally and only for the period necessary to compensate for his or her handicap, be trained in a primary school or a primary school for pupils with disabilities, provided that, in the course of the primary school or a primary school for pupils without disabilities, taking into account the individual educational needs and the application of the compensatory measures referred to in Article 1 (2), the general failure of the primary school and the interest of the student concerned so require. The first sentence does not apply if it is a school or a classroom for pupils with mild mental disabilities. The pupil may be classified according to the first sentence under the conditions of § 9 (1) and on the basis of written confirmation by the specialist. At least once per school year, the educational institution shall assess whether the reasons for the education of the pupil according to the first sentence persist; if these reasons have passed, he shall propose to the legal representative a pupil or a mature pupil to be educated in a school or a classroom for non-disabled pupils.
Schools in health establishments
(1 Primary schools may, as far as possible, provide individual consultations in general education subjects as well as in secondary school pupils located in this medical establishment.
(2) A recommendation from the treating doctor and the consent of the legal representative of the pupil are required to be included in the school at the medical institution. The extent and organisation of the pupil's teaching shall be determined by the school director in agreement with the attending physician.
Types of special schools
The types of special schools for the purposes of their labelling (6) are:
a) Maternity school for the visually impaired, primary school for the visually impaired, secondary school for the visually impaired (secondary vocational training for the visually impaired, vocational training for the visually impaired, practical school for the visually impaired, gymnasium for the visually impaired, secondary vocational school for the visually impaired), conservatory for the visually impaired,
(b) a parent school for the hearing impaired, a primary school for the hearing impaired, a secondary school for the hearing impaired (a secondary vocational school for the hearing impaired, a vocational school for the hearing impaired, a practical school for the hearing impaired, a high school for the hearing impaired),
(c) nursery school for deaf-blind, primary school for deaf-blind,
d) Maternity school for disabled, primary school for disabled, secondary school for disabled (secondary vocational school for disabled, vocational school for disabled, practical school for disabled, gymnasium for disabled, secondary vocational school for disabled),
e) Mother's school of speech, primary school of speech,
f) special nursery school, basic school practical, primary school special, vocational school, practical school,
(g) primary school for pupils with specific learning disabilities, primary school for pupils with specific behavioural disorders,
(h) nursery school in medical institutions, primary school in medical institutions, primary school in medical institutions.
Individual training plan
(1) Individual training plan (7) shall be established, where necessary, mainly for an individually integrated pupil, a student with deep mental disability, or for a group-integrated pupil or a special school pupil.
(2) The individual training plan is based on the school curriculum of the school concerned, the conclusions of a special pedagogical examination, and, where appropriate, a psychological examination of the educational institution, and, where appropriate, the recommendation of a registered practitioner for children and adolescents, or a specialist or another expert, and the expression of a legal representative of a pupil or an adult pupil. It is a binding document to ensure the special educational needs of the pupil.
(3) The individual training plan is part of the pupil's documentation.
(4) The individual training plan contains:
(a) details of the content, scope, course and manner of individual teaching or psychological care to the pupil, including justification;
(b) data on the objective of the education of the pupil, the time and content distribution of the teacher, including, where appropriate, the extension of the duration of secondary or higher vocational training, the choice of teaching procedures, the way in which to award and perform the tasks, the way in which to evaluate, the organisation of final examinations, senior examinations or discharge,
(c) expressing the need for and scope of another pedagogical worker or other person involved in the work with the pupil; for a student of a secondary school with hearing disabilities and a student of a higher vocational school with hearing disabilities, the need for the necessary interpretation services and their ranges (8), or, where appropriate, further adjustment of the organisation of education,
(d) a list of compensation, rehabilitation and teaching aids, special textbooks and didactic materials necessary for teaching the pupil or for carrying out the relevant examinations;
(e) the nominal identification of the teaching staff of the educational institution with whom the school will cooperate in ensuring the special educational needs of the pupil;
(f) the anticipated need to increase funds in excess of the State budget appropriations provided under the special legislature9),
(g) conclusions of specifically educational or psychological examinations.
(5) The individual training plan is drawn up as a general rule before the pupil enters the school, but no later than 1 month after the student enters the school or after finding the special educational needs of the pupil. The individual training plan may be supplemented and adapted throughout the school year as required.
(6) The Director of the School shall be responsible for the preparation of the individual training plan. The individual training plan shall be drawn up in cooperation with the educational institution and the legal representative of the pupil or an adult pupil.
(7) The school director shall inform the individual training plan of the legal representative of the pupil or of the adult pupil, who shall confirm this with his signature.
(8) The school advisory institution monitors and assesses twice a year compliance with the procedures and measures set out in the individual training plan and provides guidance to the pupil, school and legal representative. In the event of failure to comply with the measures provided for, it shall inform the school director accordingly.
(9) Paragraphs 6 and 7 apply mutatis mutandis to changes in the individual training plan.
Assistant pedagogy
(1) The main activities of the assistant education2 are:
(a) assistance to school staff in educational and educational activities, assistance in communication with pupils and legal representatives of pupils and the community from which the pupil comes;
(b) support for pupils in adapting to the school environment;
(c) assisting pupils in teaching and in preparing for teaching;
(d) the necessary assistance to pupils with severe disabilities in self-service and movement during teaching and in events organised by a school outside the place where the school carries out training in accordance with the register.
(2) The application for approval of the establishment of a teaching assistant shall include the name and registered office of a legal person who carries out the activities of the school, the number of pupils and classes in total, the number of pupils with special educational needs, the educational attainment of the teaching assistant, the expected level of salary or salary, the justification for the need for the establishment of a teaching assistant, the objectives which the school principal intends to achieve by setting up the teaching assistant.
Special training organisation
(1) The form and content of the pupil's special education and the degree of support measures are determined according to the extent of the pupil's specific training needs.
(2) Special education and support measures recommended by the educational institution are provided by the school in cooperation with the educational institution.
(3) In the classroom of a parent school separately set up for children with disabilities, the scope of teaching subjects specially for pedagogical care is up to 3 hours a day.
(4) Disabled pupils who are educated in primary school or in primary school classes separately for those pupils may have at first level a maximum of 5 teaching hours in the morning and 5 teaching hours in the afternoon; at the second stage, not more than 6 hours in the morning and 6 hours in the afternoon.
(5) In classes, departments and study groups set up for pupils with disabilities, pupils of two or more years, or first and second years, may be included.
(6) In classes and study groups set up for pupils with a severe disability and in school classes in psychiatric hospitals, 3 pedagogic staff can provide educational activities simultaneously, of which at least 1 is an assistant educator.
(7) In classes, departments and study groups where a disabled student is educated, a personal assistant who is not an employee of a legal person who carries on the activities of a school may, with the agreement of the school director and the legal representative of a pupil or a mature student, operate.
(8) In selected subjects, pupils with disabilities may, as far as possible, educate together with other pupils of the school and be involved in all the activities of the school at a time outside the school.
(9) For people with severe mental disabilities, multiple defects or autism who have not obtained the foundations of education, the primary school may special organise courses to obtain them.
Classification of pupils with disabilities in special education
(1) A pupil may be assigned to a school, class or study group set up for pupils with disabilities or transferred to an education programme adapted for pupils with disabilities only:
(a) on the basis of a written recommendation from the educational institution, including the proposal for specific support measures;
(b) after consultation with the legal representative of the pupil or an adult student, including the provision of an understandable lesson as provided for in the Annex to this Decree; adequate instruction is also given to a minor pupil,
(c) with the informed consent given by the legal representative of the pupil or an adult pupil for a form drawn up in accordance with the Annex to this Order in the case of primary education.
(2) The classification of a pupil under paragraph 1 may be preceded by a diagnostic stay. The diagnostic stay shall last if it is for the form of education referred to in § 3 (1) (a) or (b), 2 to 6 months, and if it is for the form of education referred to in § 3 (1) (c) or (d), 1 to 3 months. During the diagnostic stay, the pupil remains a student of the original school. Paragraph 9 (1) shall apply mutatis mutandis. The school counselling institution shall issue a report and recommendations containing the student's training proposals to the adult or legal representative of the student. The report and recommendations shall be issued no later than 30 days after the date of completion of the diagnostic stay. A diagnostic stay cannot be carried out in schools, classes and study groups for pupils with mild mental disabilities.
(3) The school advisory institution regularly assesses whether the inclusion of a pupil in the training programme for pupils with disabilities, the method of training referred to in Paragraph 3 (1) and the support measures provided to the pupil at school are in line with his special educational needs. In the case of a pupil included in the primary education programme for pupils with mild mental illness, the evaluation shall be carried out no later than one year after inclusion; Further evaluation shall be carried out at the end of the third, fifth and final year of compulsory education, but not before the school year following the first evaluation. For other pupils with disabilities, the evaluation shall be carried out within the time limit set by the educational institution. The school guidance institution assesses the facts according to the first sentence also after finding the facts suggesting a change in the special educational needs of the pupil or at the request of an adult pupil or legal representative of the pupil.
(4) If there is a change in the special educational needs of a student with disabilities, the educational institution will propose an appropriate adjustment in the education of the pupil. In the event of a transfer to another training programme, the school director shall assign the pupil to a grade corresponding to the student's knowledge and skills achieved.
Number of pupils
(1) The class, department and study group set up for pupils with disabilities and the classroom at the school at the medical institution have at least 6 and a maximum of 14 pupils, taking into account the age and special educational needs of pupils. Class, department and study group set up for pupils with severe disabilities shall have at least 4 and a maximum of 6 pupils.
(2) Pupils with a different type of disability, in the case of primary education as well as a disability, may also be included in the class or study group set up for pupils with disabilities at the request of an elderly student or legal representative of a pupil and a written recommendation from a school guidance institution. Their number shall not exceed 25% of the maximum number of pupils in the class or study group referred to in paragraph 1.
(3) The school director may divide classes, departments and study groups into groups in accordance with the school curriculum, pedagogical, hygienic, economic and spatial conditions (10), requirements for pupils' safety and protection of their health and the nature of the subject.
(4) A maximum of 5 pupils with disabilities can be individually integrated in the classroom of the normal parent, primary or secondary school, in the department of the ordinary conservatory and in the study group of the ordinary higher vocational school, taking into account the extent of the special educational needs of pupils.
(5) In the course of vocational training in a secondary school separately established for pupils with disabilities, the groups shall be completed in the number laid down by the special legislation11), in other cases the group shall be filled in the number of pupils in practical training.
(6) There are at least 10 pupils in a special school and a medical institution.
Pupil Safety and Health Care
(1) In one group of pupils with disabilities in the bathing and swimming training of non-swimmers with disabilities, there is a maximum of 4 pupils per teacher; If the pupil's medical condition so requires, it is possible to conduct swimming training on an individual basis at school in a medical facility and with pupils with a severe disability.
(2) Ski training is carried out by 1 pedagogical worker with a maximum of 8 pupils with disabilities. In the case of pupils with poor vision and pupils with physical disabilities, there is a maximum of 6 pupils per pedagogical worker; in the case of pupils who are blind, 1 pupil per pedagogical worker.
(3) If the number of pupils in an event is exceeded outside the place where education12), the number of pupils per class or group concerned shall be ensured by the school director by the supervision of another adult who is capable of legal action and is in employment relationship with the legal person who carries out the school's activities.
(4) The director of a special school can provide preventive and rehabilitation care for pupils with disabilities.
_
(1) For the purposes of this decree, an individual whose distribution of competences reaches an extraordinary level of high creativity throughout the whole range of activities or in individual areas of reason, movement, artistic and social skills.
(2) The examination of the special talent of the pupil is carried out by a teaching institution.
(3) For extremely gifted pupils, the school director may form groups in which pupils of the same or different classes are taught in certain subjects.
Individual training plan
(1) The education of extremely gifted pupils may take place according to an individual training plan based on the school curriculum of the school concerned, the conclusions of a psychological examination and the expression of a legal representative of a pupil or an adult student. It is a binding document to ensure the educational needs of an extremely gifted pupil.
(2) The individual training plan is part of the pupil's documentation.
(3) The individual training plan contains:
(a) the conclusions of psychological examinations which describe in detail the area, type and extent of the talents and educational needs of an extremely gifted pupil, or the expression of a registered practitioner for children and adolescents;
(b) information on how to provide individual pedagogical or psychological care to an exceptionally gifted pupil;
(c) the educational model for an extremely gifted pupil, the time and content distribution of the teacher, the choice of teaching procedures, the way in which to award and perform the tasks, the way in which to evaluate and adjust the examinations,
(d) a list of recommended teaching aids, textbooks and materials;
(e) the identification of a teaching staff of a school guidance institution with which the school will cooperate in the care of an extremely gifted pupil;
(f) staff provision of training for an extremely gifted pupil;
(g) the appointment of a teaching staff member of the school to monitor the training of an extremely gifted pupil and to ensure cooperation with the educational institution;
(h) the anticipated need to increase funds in excess of the State budget appropriations provided under the special legislature9).
(4) The individual training plan is drawn up after the arrival of an extraordinarily gifted pupil at school, but no later than 3 months after finding his extraordinary talents. The individual training plan may be supplemented and adapted during the school year.
(5) The Director of the School shall be responsible for the preparation of the individual training plan. The individual training plan shall be drawn up in cooperation with the educational institution and the legal representative of the pupil or an adult pupil.
(6) The school director shall inform the individual training plan of the legal representative of the pupil or of the adult pupil, who shall confirm this with his signature.
(7) The school's designated pedagogical staff shall monitor the course of the training of an extremely gifted pupil and provide support to both the pupil and his legal representatives together with the educational advisory establishment.
Allocation to senior year
(1) The school director may reassign an extraordinarily gifted pupil to a higher grade without graduating from the previous year on the basis of an examination before a commission appointed by the school director.
(2) The Commission shall be at least three members and shall always consist of:
(a) the President, who is, as a rule, the principal of the school or the teacher appointed by him;
(b) the examiner who is teaching the subject of the field in question, in the first to fifth years of primary education in the year in question;
(c) an associate teacher teaching the subject of the educational field.
(3) The term of the examination shall be determined by the principal of the school in agreement with the legal representative of the pupil or an adult student. If it is not possible to test the pupil for serious reasons within the prescribed time limit, the school director shall set a replacement test date.
(4) The pupil can only pass 1 test on 1 day.
(5) The school director shall determine the content, form and timing of the examination with regard to the age of the pupil. The examination shall verify the knowledge and skills enabling the pupil to pass smoothly to the upper grade and shall focus on an individual subject or educational area.
(6) The result of the examination shall be determined by vote. In the event of a tie, the chairman shall vote.
(7) A report shall be obtained on the test, which is part of the pupil's documentation.
(8) The school director shall communicate the result of the examination in a demonstrable manner to the legal representative of the pupil or of the adult pupil.
(9) The pupil will not be given a certificate for an uncompleted year. The following testimonies shall indicate on the back which grades the pupil has not completed.
COMMON AND FINAL PROVISIONS
Except as otherwise provided for in this Decree, special education for pupils and training for pupils who are extremely gifted shall be governed by general rules governing pre-school, primary, secondary and higher vocational education.
(1) If the teaching plans and syllables issued under the existing legislation and specified by the school do not contain the parts or particulars for which this Decree provides for the establishment of a school curriculum, they shall be completed by the school director with effect from 1 September 2005.
(2) According to Article 10, the procedure shall be followed from 1 September 2005. Until then, it shall be followed in accordance with existing legislation.
The Decree of the Ministry of Education, Youth and Sports No. 127 / 1997 Coll., on special schools and special maternity schools is hereby repealed.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
JUDr. Buzková v. r.
Annex to Decree No 73 / 2005 Coll.
Minimum scope of data and information for the provision of informed consent to the inclusion of a pupil in one of the organisational forms of education provided for in Section 3 of this Decree and the transfer of a pupil to the education programme for pupils with disabilities (Section 49 (2) of Act No. 561 / 2004 Coll.) in primary education
The legal representative of the pupil or an adult student shall receive a clear lesson in particular on:
(a) the rights and obligations of pupils and legal representatives of pupils in relation to compulsory education;
(b) organisational forms of education, their differences and related organisational changes;
(c) structure of training programmes (RVP ZV, RVP ZV, part. D, Chapter 8, RVP ZV - Annex governing the education of pupils with mild mental disabilities, RVP for the field of education primary school special part I and II, school curriculum),
(d) differences in training programmes and differences in output key competences;
(e) organisational changes that may arise in connection with the transfer to another training programme;
(f) support or compensatory measures which may help the pupil to manage the current training programme;
(g) the possibility of a diagnostic stay pursuant to Article 9 (2);
(h) the possibility of training under the individual training plan;
(i) opportunities for further education and professional application.
Lessons learned (date, name, position at school, signature):
I declare that I have been informed in detail and in a comprehensible manner of the possibilities and consequences of education for my child / my education under the training programme (including the relevant training programme) and the possibilities and consequences of his / her education in the chosen organisational form of education (including the relevant form) and that I understand the information. Before signing the informed consent, I had the opportunity to ask questions and consider the answers submitted sufficiently. I understand and agree with all the communications. Based on the information provided
I agree.
with the inclusion (name and surname, date of birth of the pupil) in the chosen form of education and with the training provided for in the above-mentioned training programme.
Date, name, signature of the legal representative of the pupil or of an adult student:
1) Decree No. 72 / 2005 Coll., on the provision of advisory services in schools and educational institutions, as amended by Decree No. 116 / 2011 Coll.
2) Paragraph 2 (2) (f) of Act No. 563 / 2004 Coll., on pedagogic workers and on the amendment of certain laws. Section 16 (9) of the Education Act.
3) Paragraph 16 (5) of the Education Act.
4) Act No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and on the amendment of other laws, as amended by the found Constitutional Court published under No. 476 / 2004 Coll. and Act No. 563 / 2004 Coll.
5) Paragraph 16 (2) of the Education Act.
6) Paragraph 7 (3) of the Education Act.
7) Article 18 of the Education Act.
8) Paragraph 8 (3) of Act No. 155 / 1998 Coll., on sign language and on the amendment of other laws.
9) Decree No. 65 / 2005 Coll., establishing the breakdown of regional standards, the indicators relevant for their determination, the units of performance for individual regional standards, the relationship between indicators and units of performance, the indicators for calculating the minimum level of regional standards and the principles for increasing regional standards (Regional Standard Decree).
10) Paragraph 7 (1) of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws. Decree No. 108 / 2001 Coll., laying down hygiene requirements for school premises, preschool facilities and certain school facilities.
11) Government Decree No. 689 / 2004 Coll., on the system of fields of education in basic, secondary and higher vocational education.
12) Paragraph 144 (1) (g) of the Education Act.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 73 / 2005 Coll., on the education of children, pupils and students with special educational needs and children, pupils and students of extraordinary talents |
|---|---|
| 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.
Comments 0