Decree No. 74 / 2005 Coll.
Ordinance on Home Education
Valid
Effective from 17.02.2005
74
DECLARATION
of 9 February 2005
on home education
The Ministry of Education, Youth and Sports provides, pursuant to § 29 (2), § 111a (3), § 112, § 121 (1), § 123 (5) and § 161c (2) (c) of Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended by Act No. 472 / 2011 Coll., Act No. 333 / 2012 Coll., Act No. 82 / 2015 Coll. and Act No. 101 / 2017 Coll.:
COMMON PROVISIONS
Participant in interest education
Children, pupils and students are participants in interest education; participants may also be pedagogical staff, legal representatives of minor participants or other natural persons, as appropriate.
Educational activities in education
(1) Interest training is carried out
(a) regular interest, educational, recreational or educational activities, including the possibility of preparing for teaching;
(b) occasional interest, educational, recreational or educational activities, including the possibility of preparing for teaching;
(c) camping and other similar activities;
(d) information activities, including the collection and provision of information for children, pupils and students and, where appropriate, other persons, and activities leading to the prevention of risk behaviour and training for volunteering;
(e) individual work, in particular by creating conditions for the development of talent for children, pupils and students;
(f) by using an open offer of spontaneous activities; or
(g) education programmes linked to school framework training programmes.
(2) Interest education shall take the form of regular daily attendance, regular attendance or irregular and occasional attendance.
(3) For the purposes of this decree:
(a) regular daily attendance at least 4 days per week for a period of at least 5 consecutive months,
(b) regular attendance of applications for interest education which are not regular daily attendance and which shall take place for at least 5 consecutive months during the school period on a regular basis, except for school holidays at least once,
1 week of at least 1 hour; or
2.2 weeks within a range of at least 2 hours,
(c) irregular and occasional attendance of applications for interest training to an extent other than those referred to in (a) and (b).
SCHOOL EQUIPMENT FOR INTEREST EDUCATION
Types of educational establishments for interest education
Training facilities for interest education are:
(a) a leisure centre (hereinafter referred to as "the Centre");
(b) a school club (hereinafter referred to as the club),
(c) the School Satellite ("Satellite").
Centre
Activities of the Centre
(1) The Centre's activities take place in more than one area of interest education or focus on a specific area of interest education, including outside the place where education is carried out under the Education Act (1).
(2) The organisational breakdown of the Centre shall be determined by the Director of the Centre by internal rules.
(3) The Centre may provide methodological and professional assistance to participants in interest education and, where appropriate, to schools and educational establishments.
(4) The Centre has the following types:
(a) a house of children and youth, which carries out activities in several areas of interest education;
(b) a station of interest activities aimed at one area of interest education.
(5) The Centre shall carry out its activities on the day of school education. The Centre may carry out activities on non-school days, including school holidays.
Participants in the Centre's activities
(1) The Centre's activities are intended for children, pupils, students, pedagogic staff and, where appropriate, other persons, regardless of their place of residence or other conditions.
(2) The activities of the Centre in the form of regular attendance are intended exclusively for tenderers who are not admitted to regular attendance at the club, provided that the activities of the Centre and the club are carried out by the same legal person.
(3) A written application is a condition for the admission of a candidate to the Centre's activities referred to in Article 2 (1) (a) or (c).
Club
Activities of the club
(1) The club provides interest education to pupils of one or more schools.
(2) The club operates on the day of school education. The club can also operate on non-school days, including school holidays.
(3) The organisational breakdown of the club shall be determined by the Director's internal rules.
(4) The activities of the club are carried out in particular by the activities referred to in § 2 (1) (a), (b) and (f).
Participants in club activities
(1) The activities of the club are primarily intended for pupils of the second grade of primary school, pupils of a lower level of six or eight-year-old high school or the corresponding years of the eight-year conservatory training programme, registered for regular daily attendance or regular attendance.
(2) A primary school pupil may also be a participant.
(3) The activities of the club in the form of regular daily attendance are intended exclusively for applicants who are not admitted to regular daily attendance if the activities of the club and the cooperative are carried out by the same legal person.
(4) The activities of the club in the form of regular attendance are intended exclusively for candidates who are not admitted to regular attendance at the Centre, provided that the activities of the club and the Centre are carried out by the same legal person.
(5) A written application is a condition for the admission of a candidate to the activities of a club referred to in Article 2 (1) (a) or (c).
Sauna
Operation of the cooperative
(1) The cooperative provides interest education to pupils of one school or several schools, or even to children in the preparatory class of one or more primary schools and children in the preparatory stage of one or more special primary schools.
(2) The cooperative shall operate on the days of school teaching and on school holidays. After consultation with the founder, the director may suspend the activities of the cooperative during school holidays. In agreement with the Director of other satellites, the Director may, in consultation with the Director of other satellites, provide for the possibility of providing interest education to participants in another school cooperative during the period of interruption, particularly during school holidays. The Director shall publish in an appropriate publicly accessible place information on the interruption of the operation of the cooperative and, where appropriate, information on the possibility and conditions of providing training in another cooperative.
(3) The training and education activities of the cooperative are mainly carried out by the activities referred to in § 2 (1) (a), (b) and (f).
(4) The cooperative allows participants registered for regular daily attendance and rest activities.
Participants in cooperative activities
(1) The activities of the cooperative are primarily intended for pupils of the first grade of the primary school enrolled in regular daily attendance.
(2) Children from primary school education classes or primary school preparatory classes may also be admitted to regular daily attendance, pupils from second-degree primary school, pupils from lower grade of six or eight-year-olds or corresponding years of the eight-year conservatory education programme.
(3) The activities of the cooperative in the form of regular daily attendance are intended exclusively for candidates who are not admitted to the club on a regular basis, provided that the activities of the cooperative and the club are carried out by the same legal person.
(4) In the cooperative, pupils or children who are not admitted to the cooperative on a regular basis may participate in the activities referred to in § 2 (1) (b), (c) and (f).
(5) A written application is a condition for the admission of a candidate to the activities of a cooperative referred to in Article 2 (1) (a) or (c). The application for the activities of the cooperative referred to in Article 2 (1) (a) shall include a written communication on the extent of attendance and the manner in which the participant leaves the cooperative.
Organisation and financing of cooperative activities
(1) Participants to regular daily attendance in the cooperative shall be classified in the department.
(2) The cooperative has at least 20 participants who are first-degree students of primary school, on average in 1 department.
(3) A cooperative whose activity is carried out by the same legal person as that of a primary school with classes only of the first degree and has only one department shall have at least:
(a) 5 participants who are pupils of the first degree of primary school, if the primary school is one class;
(b) 15 participants who are students of the first degree of primary school, where the primary school is composed of 2 classes;
(c) 18 primary school pupils, if the primary school consists of 3 classes.
(4) The department shall be filled up to a maximum of 30 participants.
(5) Further separation may be established only if there are on average more than 27 participants in the separation.
(6) A second separation may be set up even if the average number of participants who are first-degree pupils than referred to in paragraph 2 is lower than 27 and the number of participants who are first-degree primary school students is higher than 20. A third department may be set up even if the average number of participants who are first-degree pupils than referred to in paragraph 2 is lower than 54 and the number of participants who are first-degree primary school students is higher than 40.
(7) If the department consists only of the participants referred to in § 16 (9) of the Education Act, the lowest and highest number of participants in the department is the same as the lowest and highest number of pupils in the class set up for pupils referred to in § 16 (9) of the Education Act provided for by other legislationsm2).
(8) The Director may adjust the operational hours of the cooperative according to local conditions. Paragraph 9 shall be without prejudice to this.
(9) For the purposes of this decree, the maximum number of hours of direct pedagogical activity financed by the State Budget in a cooperative set up by the Region, the municipality or municipality association (PHmax) represents the maximum weekly number of hours of direct pedagogical activity in a cooperative financed by the State Budget depending on its organisational structure. Unless otherwise specified, the PHmax is set out in the Annex to this Decree.
(10) If the average number of participants in the cooperative separation is lower than the number laid down in paragraph 2 or 3 by derogation under the Education Act, the PHmax of the cooperative determined in accordance with the Annex shall be reduced on average per division in proportion to the number of participants by which the actual number is lower.
(11) The PHmax set out in accordance with the Annex is reduced in the case of a department referred to in paragraph 7 which has been granted a derogation from the lowest number under the Education Act by:
(a) 0,05 times the PHmax as set out in the Annex, on average for each department, if the average number of participants in those departments is at least 5 and less than 6;
(b) 0,1 times the PHmax as specified in the Annex corresponding on average to each such department, if the average number of participants in such departments is at least 4 and less than 5; and
(c) 0,6 times the PHmax as set out in the Annex, which shall be on average for each of these departments, provided that the average number of participants in these departments is less than 4.
(12) The maximum weekly number of hours of direct pedagogical activity provided by an assistant educator co-financed by the State Budget shall be 15 hours per department referred to in paragraph 7; paragraph 11 shall apply mutatis mutandis.
PAYMENT FOR INTERESTED EDUCATION IN SCHOOL ESTABLISHED COUNTRIES, COUNTRIES, OBJECTIVES OR BODIES
Conditions for payment
(1) Interest training is generally provided for remuneration.
(2) The maturity of the remuneration shall be determined by the Director in such a way that the remuneration is payable no later than before the end of the participation in the activity. The Director may split the remuneration into several instalments.
(3) The Director may reduce or exempt the amount of remuneration if:
(a) the participant or his legal representative shall be the recipient of a benefit of State social assistance which is part of the livelihood component or of a member of the household of that beneficiary under the State Social Assistance Benefit Act;
(b) the participant or his legal representative is entitled to an increase in the care allowance under the Social Services Act; or
(c) a participant entrusted to foster care is entitled to a contribution to meet the needs of a child under the Social Protection Act
and shall prove this to the Director.
(4) The Director may reduce or exempt a participant in a cooperative or club from payment if he is a member of a household providing a benefit of state social assistance, including a child bonus.
(5) Furthermore, the remuneration may be reduced
(a) participants participating in more than two activities of the school establishment concerned;
(b) participants who are enrolled in regular activities in the event of participation in other activities of the school establishment concerned.
(6) If the operation of the cooperative is reduced or interrupted in the calendar month for more than 5 days, the remuneration shall be reduced proportionally to the participant. The Director shall inform the legal representatives accordingly of the amount of the remuneration.
(7) If, in a calendar month, the operation of a club or centre is reduced or interrupted for more than 5 days, the remuneration shall be reduced in proportion to the restriction or interruption of its training. The remuneration shall not be reduced if the club or centre allows the replacement of the training by other means or by another date in the same school year. The Director shall inform the legal representatives accordingly of the amount of the remuneration.
Determination of the amount of remuneration at the Centre
Where the amount of the remuneration is determined by the budget, the revenue to be charged to the participant shall not exceed the expenditure to be charged to the participant by more than 80%. In other cases, the amount of remuneration may not exceed 180% of the average actual non-investment expenditure per participant in the previous calendar year in the same or similar activity. Expenses on salaries, salaries, wages and wages, on-the-spot remuneration, on-the-job fees, on-the-job fees, on-the-job fees, on-the-job work agreements and severance payments, on social security premiums and on the contribution to national employment policy and on the remuneration of general health insurance premiums, on allowances to the fund of cultural and social needs provided by the State budget shall not be included in the budgeted expenditure or actual non-investment expenditure.
Determination of the level of remuneration in the club
(1) The club manager shall determine the amount of remuneration per participant in the club for the school year by 30 June of the preceding school year at the latest. If the organiser does not determine the amount of remuneration by that date, the amount of remuneration for the next school year shall remain the same as in the previous school year. The Director shall inform the legal representatives accordingly of the amount of the remuneration.
(2) The monthly amount of remuneration per participant in a club may not exceed 4% of the monthly minimum wage applicable at the time the monthly amount of remuneration is fixed.
Determination of remuneration in the cooperative
(1) The establishment of the cooperative shall determine the amount of the remuneration per participant in the cooperative for the period of the school year by 30 June of the preceding school year at the latest. If the organiser does not determine the amount of remuneration by that date, the monthly amount of remuneration for the next school year shall remain the same as in the previous school year. The Director shall inform the legal representatives accordingly of the amount of the remuneration.
(2) The monthly amount of remuneration per participant in the cooperative may not exceed 4% of the monthly minimum wage applicable at the time the monthly amount of remuneration is fixed.
PROVISIONS COMMON AND FINAL
(1) The Director shall establish, in the internal rules, the method of recording participants in accordance with Article 2 (1).
(2) The Director shall set the maximum number of participants per pedagogical worker, taking into account the type of activity carried out by the participants and their possible special training needs, in particular their safety.
(3) The safety and health of participants in education and events outside the place where education is carried out under the Education Act (1) is ensured by a legal person who carries out the activities of the educational establishment, by his staff, but always by at least one pedagogical worker.
Repeal
The following shall be deleted:
1. Decree No. 432 / 1992 Coll., on free time centres for children and youth.
2. Decree No. 87 / 1992 Coll., on school cooperatives and school clubs.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
JUDr. Buzková v. r.
Annex to Decree No 74 / 2005 Coll.
Maximum weekly number of hours of direct pedagogical activity in the school cooperative established by the county, municipality or association of municipalities
| Celkový počet oddělení | Celkový PHmax za školní družinu |
| 1 | 32,5 |
| 2 | 57,5 |
| 3 | 80,0 |
| 4 | 97,5 |
| 5 | 130,0 |
| 6 | 155,0 |
| 7 | 177,5 |
| 8 | 195,0 |
| 9 | 227,5 |
| 10 | 252,5 |
| 11 | 275,0 |
| 12 | 292,5 |
| 13 | 325,0 |
| 14 | 350,0 |
| 15 | 372,5 |
| 16 | 390,0 |
| 17 a více oddělení | 390,0 se zvyšuje o 22,5 za každé další oddělení nad počet 16 |
1) § 144 (1) (g) of Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act).
2) Paragraph 25 (1) of Decree No. 27 / 2016 Coll., on the education of pupils with special educational needs and gifted pupils.
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Regulation Information
| Citation | Decree No. 74 / 2005 Coll., on Home Education |
|---|---|
| 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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