Act No. 82 / 2015 Coll.
Act amending Act No. 561 / 2004 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act), as amended, and certain other laws
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Effective from 01.05.2015
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82
THE LAW
of 19 March 2015
amending Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Education Act
Act No. 561 / 2004 Coll., Act No. 158 / 2006 Coll., Act No. 161 / 2006 Coll.
1. In Paragraph 8, the sentence "The Ministry and other bodies of the State may set up nursery schools and school catering facilities serving them as state contributory organisations under special legislation4) is added at the end of paragraph 3; Paragraph 169 (5) to (9) shall apply mutatis mutandis. ';
2. in Article 8 (5), the words "paragraphs 2 to 4 'are replaced by the words" and other organisational elements of the State';
3. In Article 8, at the end of paragraph 6, the words "even if the predominant object of the activity of such a legal person is business under special legislation. According to the first sentence, a number of legal or natural persons may also be set up jointly. '
4. Paragraph 13 (4) reads as follows:
"(4) In the fields of secondary education with a graduate examination in which, according to the framework curriculum, certain subjects are compulsory in a foreign language, the language of instruction is Czech and the foreign language is relevant."
5. In Article 13, the following paragraph 5 is added:
"(5) In higher vocational schools, the language of instruction may be a foreign language. '
6. In Paragraph 15 (3), the word "basic 'shall be inserted after the words" may be inserted in'.
7. Paragraph 16, including the title and footnote 11a, reads as follows:
Support for education of children, pupils and students with special educational needs
(1) A child, pupil and student with special educational needs is a person who needs support measures to fulfil his or her educational capacity or to exercise or use his or her rights on an equal footing with others. Support measures are the necessary arrangements in education and school services corresponding to the health, cultural environment or other living conditions of the child, pupil or student. Children, pupils and students with special educational needs are entitled to free provision of support measures for schools and schools.
(2) The support measures consist of:
(a) advisory assistance to the school and the school advisory establishment;
(b) the organisation, content, evaluation, forms and methods of education and education services, including the provision of teaching of subjects specifically for pedagogical care, and the extension of the duration of secondary or higher vocational education by up to two years;
(c) arrangements for admission to and termination of education;
(d) the use of compensatory aids, special textbooks and special teaching aids, the use of deaf and deaf blind persons communication systems 11a), Braille fonts and support or replacement communication systems;
(e) the adjustment of expected educational outcomes within the limits set by framework training programmes and accredited training programmes;
(f) training according to the individual training plan;
(g) the use of a teaching assistant;
(h) the use of another pedagogical worker, interpreter of the Czech sign language, transcriber for deaf persons or the possibility of having a child, pupil or student during his or her stay at school or school establishment to provide support under specific legislation; or
(i) the provision of education or educational services on building or technical premises.
(3) Support measures referred to in paragraph 2 shall be broken down into five degrees according to organisational, teaching and financial performance. Support measures of different types or degrees may be combined. Higher-level support measures may be used if the educational institution finds that, in view of the nature of the child's special educational needs, the pupil or the student, or the progress and results of the provision of existing support measures, lower-level support measures would not be sufficient to fulfil the child's, pupil or student's educational capacity and to exercise his right to education. The integration of support measures into stages shall be laid down in implementing legislation.
(4) First-degree support measures shall be applied by the school or school establishment without the recommendation of the educational institution. The second to fifth degree support measures may be applied only with the recommendation of the educational institution. A school or a school establishment may, instead of the recommended support measure, take other support measures of the same degree after consultation with the relevant educational institution and with the prior written informed consent of the adult pupil, student or legal representative of the child, unless this is contrary to the interests of the child, pupil or student.
(5) The provision of second to fifth degree support measures by a school or school establishment shall always be subject to prior written informed consent of an adult student, student or legal representative of a child or pupil.
(6) A second to fifth-degree support measure shall cease to be provided by a school or school establishment after consultation with an adult pupil, student or legal representative of the child or pupil, provided that the recommendation of the educational institution indicates that the support measure is no longer necessary.
(7) Support measures for the education of a child, a pupil and a student who cannot perceive hearing language shall be chosen in such a way as to ensure education in the communication system of deaf and deaf blind persons, which corresponds to the needs of a child, pupil or student. Teaching in the Czech language is also given to pupils and students who are educated in the Czech language in parallel, while knowledge of the Czech language is acquired by these pupils and students using methods used in teaching the Czech language as a foreign language. If the school or school establishment of an interpreter of the Czech sign language is used, it shall ensure that his activity is carried out by a person who can prove an education or practice and education by which he has acquired knowledge of the Czech sign language at the level of the native speaker and interpretation skills at the level enabling full education of the child, pupil or student.
(8) Support measures for the education of the child, pupil and student using alternative or augmented communication means in communication shall be chosen to provide education in a communication system that meets the needs of the child, pupil or student.
(9) For children, pupils and students with mental, physical, visual or auditory disabilities, severe speech defects, severe learning disorders, severe behavioural development disorders, multiple defects or autism, schools or classes, departments and study groups may be established. Only the child, pupil or student referred to in the first sentence may be included in such a class, study group or department or may be admitted to such a school if the educational institution finds that, in view of the nature of the special educational needs of the child, pupil or student, or the progress and results of the current provision of support measures, the support measures referred to in paragraph 2 alone would not be sufficient to fulfil its educational capacity and exercise its right to education. A written request from an aged student or student or legal representative of a child or pupil, the recommendation of a educational institution and compliance with this procedure with the interests of the child, pupil or student is a condition for inclusion.
(10) In order to establish a class, department or study group as referred to in paragraph 9, the approval of the Ministry, in the case of schools established by the Ministry or by registered churches or religious societies which have been granted the right to exercise a special right to establish ecclesiastical schools shall be necessary, in the case of other schools, the consent of the Regional Office.
(11) The increase in funding provided for the activities of a school from the state budget pursuant to § 161 to 163 for the purpose of using the assistant educator is only possible if the Ministry has given its consent to the use of the assistant educator in the case at hand of schools established by the Ministry or by registered churches or religious companies which have been granted the right to establish church schools or the Regional Office in the case of other schools.
11a) Act No. 155 / 1998 Coll., on the communication systems of deaf and deaf blind persons, as amended. '
8. the following Sections 16a and 16b are inserted after Section 16, including the headings:
Consultancy assistance for a school consultancy
(1) The educational advisory establishment shall provide advice to the child, pupil, student or legal representative of the child or the pupil on the basis of his or her request or on the basis of a decision of a public authority under another legislation.
(2) If the interest of a child or a minor pupil so requires, the school or school establishment shall advise its legal representative to seek the assistance of the educational institution. Before granting a support measure to a child, pupil or student, the school or educational establishment shall, in particular, cooperate with the educational institution, the founder, the doctor and the social protection body.
(3) In particular, the report and recommendations are the result of the advisory assistance of the educational institution. In the report of the educational institution, it shall state the essential elements for the recommendation of the support measures. The recommendation shall set out the conclusions of the examinations and support measures of the first to fifth degrees corresponding to the specific training needs identified and the possibilities of the child, pupil or student, including possible combinations and variants of support measures and the manner and rules of their use in education.
(4) The educational advisory establishment provides a report and a recommendation to the person receiving advisory assistance; the school or school establishment in which the child, pupil or student is educated is provided only with recommendations. The school guidance institution shall also provide the public authority with the recommendation issued, which by its decision has imposed on the legal representative of the child or pupil, the child, the pupil or the student the obligation to use the professional advice at the educational institution. If the case is not dealt with in the second sentence, the school counselling body shall also provide a recommendation issued to the social protection body, if requested in writing by the social protection body.
(5) Where an adult student, student or legal representative of a child or a pupil has doubts that a school or a school establishment progresses in accordance with the recommendation of a school institution, he may propose to the principal of the school or school establishment that the case be discussed with him, with the participation of the authorised staff of the school establishment concerned, and the director shall be obliged to convene the hearing without undue delay.
(6) The examination referred to in paragraph 5 shall be without prejudice to the right of an adult pupil, student or legal representative of a child or pupil to initiate a Czech school inspection pursuant to § 174 (5).
Revision
(1) The child, pupil, student or legal representative may, within 30 days of receiving the report or recommendation of the educational institution, request the legal person set up and appointed by the Ministry to carry out the revisions to revise them. A revision of the recommendation may also be requested by a school, a school establishment or a public authority which, by its decision, has imposed an obligation on the legal representative of a child or a pupil, a child, a pupil or a student to use professional advice at a school institution within 30 days of the date on which the recommendation was received and the Czech School Inspection Office.
(2) The legal person referred to in paragraph 1 shall examine the request for revision and the report or recommendation and, if necessary to fulfil the purpose of the revision, shall, with the agreement of the adult pupil or student or legal representative of the child, or the pupil, examine the educational needs and possibilities of the child, pupil or student. The legal person referred to in paragraph 1 shall ensure that the verification is carried out at the place of the head office of the educational institution which issued the report or recommendation. This educational institution shall be obliged to provide synergies in the examination of educational needs and possibilities according to the first sentence.
(3) A review report shall be issued by the legal person referred to in paragraph 1 within 60 days of receipt of the request, which may include a new report or recommendation of support measures and in which case replace the revised report or recommendation. The review report shall be sent to the child, pupil, student or legal representative, to the appropriate educational institution, and excluding data which are merely the content of the report referred to in Article 16a (3), to the school or school establishment. In cases where a child's social protection body has requested a guidance institution under Section 16a (4) for the provision of a recommendation, it shall also send a review report to that institution in respect of the recommendation provided.
(4) Pending the issue of a review report replacing the revised report or recommendation, the initial recommendations and reports issued by the educational institution shall be followed. ';
9. In Article 17 (3), the words "a person who is entitled to act as a child or a minor (hereinafter referred to as a legal representative) 'are replaced by the words" his legal representative'.
(10) footnote 12 is deleted.
11.
The Ministry shall determine by decree:
(a) the specific list and purpose of the support measures and their breakdown into degrees;
(b) for second to fifth-degree support measures, the rules governing their use by schools and educational establishments and the standard financial intensity for the purpose of providing funding from the state budget under this law;
(c) the procedure for the school or school establishment before granting support measures to a child, pupil or student;
(d) organisation of the provision of support measures;
(e) the organisation and rules of education in classes, departments and study groups and schools established under Article 16 (9);
(f) the course and organisation of the advisory services of the school and the activities of the educational institution, the basic principles of the use of diagnostic tools and the rules of cooperation of the educational institution with schools, educational establishments and other persons and public authorities;
(g) details of the report and recommendations issued by the educational institution;
(h) the conditions for the use of the assistant educator and the rules of his or her activity and the conditions for the operation of persons providing support to the child, pupil or student during his or her stay at the school or school establishment;
(i) the formalities for the individual training plan;
(j) the particulars of the informed consent to the granting of the support measure pursuant to Article 16 (4) and (5) and the application pursuant to Article 16 (9);
(k) rules and formalities for identifying the educational needs of gifted children, pupils and students, organisation arrangements, acceptance, conduct and termination of their education and conditions for reassignment. ";
12. In Section 20 (5) of the introductory part of the provision, the word "basic 'is inserted after the words" working activity in'.
13. in Article 27 (4) and (6), the words "with disabilities" shall be replaced by the words "referred to in the first sentence of Article 16 (9)."
14. In Paragraph 27 (5), the words "with social handicap and pupils in material distress. 14) 'shall be replaced by" with the order of constitutional education or imposed protective education, pupils with the status of asylum seeker, beneficiaries of supplementary protection or participants in international protection proceedings in the territory of the Czech Republic, pupils in material needs 14), and in other cases of special consideration.'
15. in Paragraph 28 (2) (f):
"(f) data on the handicap of the child, pupil or student referred to in Article 16 (9), data on the support measures granted to the child, pupil or student by the school in accordance with Article 16, and on the conclusions of the examinations referred to in the recommendations of the educational institution,"
16. in Paragraph 28 (3) (d):
"(d) data on the handicap of the child, pupil or student referred to in Article 16 (9), data on the support measures granted to the child, pupil or student by the educational establishment in accordance with Article 16 and on the conclusions of the examinations referred to in the recommendation of the educational institution;"
17. in Paragraph 28 (7), the words "pupil or student, if assigned to him" shall be replaced by the words "natural person to whom the document was issued, if the birth number was assigned to him."
18. In Paragraph 28 (8), the word "Schools' is replaced by the words" Legal persons engaged in the activities of the school and legal persons referred to in § 171 (4), first sentence '.
19. in Article 30 (1) (a), the words "with pedagogic staff" shall be replaced by the words "with school or school staff."
20. In Section 30, the following paragraph 5 is added:
"(5) The Director of a secondary or higher vocational school may, with the agreement of the founder, act as an intermediary of a contract between a pupil or a student over 15 years of age, on the one hand, and a legal or natural person on the other hand, in which, under the agreed conditions, a legal or natural person undertakes to provide a student or a student with a teaching or study allowance, and a student or student undertakes to enter into an employment relationship with a designated legal or natural person related to his or her teaching or a study, and to remain in that employment for an agreed period of time, or to return the contribution provided 52).
52) Sections 31 and 35 of Act No. 89 / 2012 Coll., Civil Code. Section 6 of Act No. 262 / 2006 Coll., Labour Code, as amended. '
21. Paragraph 32 (2) reads:
"(2) Advertising which is contrary to the objectives and content of education and advertising, offering for sale or sale of products that are harmful to health, the psychological or moral development of children, pupils and students, or directly threatening or damaging the environment, as well as advertising and offering for sale or sale of food which is contrary to the nutritional requirements for healthy nutrition of children, pupils and students shall be prohibited in schools and educational establishments. The requirements for foods for which advertising is permitted and which may be offered for sale and sold in schools and educational establishments shall be laid down by the Ministry and the Ministry of Health by decree. ';
22. in Article 32a, the following paragraph 7 is added:
"(7) Programmes co-financed by the budget of the European Union or part thereof which are intended to promote the quality, development or availability of education and education services under this Act shall not be subject to the provisions on programmes under the budgetary rules. ';
23. in Articles 34 (6) and 67 (2), the words "with disabilities" shall be replaced by the words "referred to in Article 16 (9)."
24. In Article 36, the following paragraph 8 is added:
"(8) The municipal authority of the municipality in whose territory the school district is a primary school shall provide the school with a list of children for whom the school is active and covered by the obligation referred to in paragraph 4, in good time before the date of entry into compulsory school. The list shall always include the name, names and surname, date of birth and address of the child's permanent residence. ';
25. In Paragraph 38 (5), the sentence "The results of these examinations may also be replaced by documented educational results from a foreign education provider which, in accordance with a contract concluded with the Ministry, provides for the education of citizens of the Czech Republic abroad, with the exception of a certificate issued for the second half of the ninth year of primary education in the case of pupils receiving education under paragraph 1 (a)."
26. In Paragraph 38, the following paragraph 6 is inserted after paragraph 5:
"(6) The contract referred to in paragraph 5 may be concluded if the provider of education abroad proves the conditions for providing education to the citizens of the Czech Republic in terms of personnel and material. The contract according to the first sentence always contains
(a) the obligation of the provider of education abroad to provide education to citizens of the Czech Republic who perform compulsory schooling outside the Czech Republic, in accordance with the capacity, personnel and material conditions of the provider of education abroad;
(b) an obligation on the provider of education abroad to provide the training referred to in point (a), the content, objectives and methods of which correspond to the framework training programme for basic education, to the extent provided for in the contract;
(c) the particulars of the proof of the results of the education of citizens of the Czech Republic with the provider of education abroad,
(d) the way in which the deficiencies identified in the provision of education to citizens of the Czech Republic are addressed with the provider of education abroad;
(e) the reasons for the termination or cancellation of the contract. ';
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
27. in § 41 (9), the words "didactic and compensatory teaching aids under § 16 (7)" shall be replaced by the words "compensation aids and special teaching aids under § 16 (2) (d)."
28. in Articles 46 (3), 49 (2), 123 (2) and 181 (1) (c), the words "with disabilities" are replaced by the words "referred to in Article 16 (9)."
29. in Paragraph 47 (1):
"(1) The municipality, the municipality, the county and the registered church and religious society which has been granted the right to exercise a special right to establish ecclesiastical schools (6) may establish primary school classes for children in the last year prior to the start of compulsory education, which are presupposedto compensate for their development, preferably children who have been granted a postponement of compulsory schooling. A preparatory class may be established if at least 10 children are educated there. In order to establish a preparatory class of the primary school of the municipalities, a union of municipalities and regions, the agreement of the Regional Office, in the case of preparatory classes established by a registered church and a religious society which has been granted the right to exercise a special right to establish church schools6, is necessary, the agreement of the Ministry. '
30. In Paragraph 48 (1), "with consent 'is replaced by" upon request'.
31. in the second sentence of Article 50 (2) and in the third sentence of Article 67 (2), the words "written recommendation by a registering doctor or specialist" shall be replaced by "on the basis of an opinion issued by a registering doctor if the pupil is to be released for the half-year of the school year or for the school year."
32. In Paragraph 50, the following paragraph 4 is added:
"(4) If a stranger who is not resident on the territory of the Czech Republic does not participate continuously for at least 60 teaching days and does not provide reasons for his absence in accordance with the conditions laid down in the school regulations, he shall cease to be a pupil of the school on the day following that period."
33. in § 55 (2), the words "with disabilities" are replaced by the words "referred to in § 16 (9)" and the words "pursuant to § 16 (8), second sentence, and § 48" are replaced by the words "special school training programme."
34. In Article 55, at the end of paragraph 3, the sentence "The Regional Office, in cooperation with the school promoters and school managers, shall ensure the availability in its administrative district of courses for obtaining basic education in the form of distance learning."
35. In Section 56, the words "the conditions for the establishment of the teaching assistant and details of his activity," shall be deleted after the words "in the preparatory classes," the words "the rules of organisation and the course of enrolment in compulsory school," and, at the end of the text of Section 56, the words "the rules of organisation, conduct and termination of education in courses for basic education and the rules for ensuring the availability of courses for basic education in the distance form of education shall be added."
36. In Paragraph 60a, the sentence "The applicant may withdraw the entry note used in the application procedure under § 62 or § 88 if he was subsequently admitted to education which is not covered by § 62 or § 88; the first and second sentences shall apply to the subsequent procedure of the tenderer. '
37. in Article 62 (2), the third sentence shall be replaced by the sentence "The school director shall publish the list of candidates accepted and shall take a decision not to accept the candidate by 15 February."
38. in Paragraph 74 (3):
"(3) The dates for the final examinations shall be determined by the school director. In the final examinations referred to in paragraph 1 (a), the school shall make use of uniform subjects and related test documentation. This award and test documentation shall be prepared and made available to schools by the Ministry or a legal person set up and appointed by the Ministry to process uniform final examinations and test documentation. The school is required to secure the assignment and related documentation against their abuse. For the final examinations referred to in paragraph 1 (b), the subjects, content, form and concept of examinations shall be determined by the school director. ';
39. in Paragraph 74 (8), the word "basic" shall be inserted after the word "be in."
40. In Paragraph 81, the following sentence is added at the end of paragraph 6: "If 3 compulsory examinations are held in the profile section of the graduation exam, the school director may provide that, under the conditions laid down in the implementing legislation, one compulsory examination from a foreign language may be replaced by a successful standardised examination from that foreign language, supported by a language certificate. The same may be determined by the Director under the conditions laid down in the implementing legislation for one optional test of the profile part of the graduation examination. ';
41. In Paragraph 81 (11) (a), the words "the conditions for replacing the profile part from a foreign language shall be inserted after the words" these tests "by the result of a standardised test supported by a language certificate, including the proven level of knowledge of a foreign language,"
42. In Paragraph 81 (11) (d), the words "with disabilities, disability" are replaced by the words "referred to in Paragraph 16 (9), pupils with learning disabilities or learning disorders."
43. In Paragraph 88 (2), the last sentence is replaced by "Paragraph 62 shall apply mutatis mutandis when organising a talent test."
44.Paragraph 94 (7) reads as follows:
"(7) The school director shall publish the list of candidates admitted and shall take a decision not to accept the candidate within 7 days of the examination or after the results of the admission procedure have been determined if the examination is not carried out. ';
45. in Paragraph 97 (1), the words' no later than 30 September 'shall be replaced by' no later than 31 October ';
46. In Paragraph 108 (5), the word "fail 'is replaced by" unable to comply' and the words "novification test 'are replaced by" resolution novification test'; from the time of the resolution to the time limit set for carrying out the nostrification test, the time limit for the decision on the matter shall not run '.
47. in Paragraph 108, the following paragraph 6 is inserted after paragraph 5:
"(6) The differences in the content and scope of the training referred to in paragraph 5 shall not be taken into account if the foreign certificate was issued under the legal order of a Member State of the European Union and if the output of the training completed is comparable to the output of the education under this law on the basis of the standards applied in the European Union. In such a case, the application for novification shall be accepted. Applications shall also be accepted where a foreign certificate issued under the legal order of a Member State of the European Union is considered to constitute proof in the Member State concerned authorising applicants to access higher education. ';
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
48. In Paragraph 108a (2), "5 'is replaced by" 6'.
49. In Paragraph 110 (4), the second sentence is replaced by the sentence "The Regional Office shall appoint the President of the National Language Examinations Commission, the Chairmen of the Examination Committees for each language and the other members of the Committees shall be appointed by the School Director. '
50. In Paragraph 114 (1), the words "and the organisational components of the State or its component 'shall be inserted after the words" persons'.
51. In Paragraph 114, the words "and further training for the pursuit of agricultural professions and activities shall be added at the end of the text of paragraph 6, in accordance with the specific legislation of the Ministry of Agriculture (58) '.
Footnote 58 reads:
"58) For example, Act No. 326 / 2004 Coll., on Phytosanitary Care and on the amendment of certain related laws, as amended, Act No. 154 / 2000 Coll., on Breeding, Breeding and Registration of Animals and on the Amendment of Certain Related Laws (Breeding Act), as amended, Act No. 246 / 1992 Coll., on the Protection of Animals against Torture, as amended. '
52. In Section 114, paragraph 7 is added, including footnote 59:
"(7) The Ministry of the Interior and the Ministry of Defence may, by decree, lay down the conditions for the organisation of professional courses, courses of individual subjects or other comprehensive sections of the teaching or graduation specialisation courses and other formalities for such courses in schools and educational establishments established by them (hereinafter referred to as the" ministerial courses'),
(a) the method of drawing up and approving the profile of the graduate of the ministerial course and of the relevant training programme;
(b) the conditions and manner in which participants in the department courses are admitted to study and to complete their studies;
(c) the manner and form of continuous and final verification of the knowledge, skills and attitudes of participants and graduates of department courses; and
(d) the form, formalities and conditions of certification of the completion of the ministerial course, to the extent necessary to meet the qualification requirements and other technical conditions laid down by the special legislature42) for the performance of service in the security corps or in the armed forces of the Czech Republic, or for the acquisition, enhancement or enhancement of qualifications under the special legislature59) for the performance of work in the security corps or for the performance of the work of staff of the Ministry of Defence.
59) § 227 to 235 of Act No. 262 / 2006 Coll., Labour Code, as amended. '
53.In Paragraph 116, the last sentence is deleted.
54. In Paragraph 121 (1), the words "except for training centres' are deleted.
55. in § 123 (2), the words "12 months. The limitation of the validity of pre-school education to 12 months' is replaced by" one school year. Pupiless of pre-school education shall apply only in the school year in which the child is first educated in the final year of primary school. Limitation of the validity of pre-school education to one school year '.
56. In Article 123 (4), the words "in the case of children, pupils or students with social handicaps or disabilities," shall be replaced by "in the cases referred to in Article 27 (5) and in the case of children, pupils and students referred to in Article 16 (9),"
57. In Paragraph 129, at the end of paragraph 1, the dot is replaced by a comma and the following point (e) is added:
"(e) appoint and withdraw a third of the school board when the school board is established.";
58. In Paragraph 132 (6), the word "basic 'is inserted after the word" not in'.
59. In Article 143 (2), the words "educational advisory establishments' shall be inserted after the words" staff establishments' and, at the end of the paragraph, the sentence "The Ministry shall continue to keep in the register of schools and educational establishments data on parent schools and school catering establishments serving them established by other ministries and other organisational bodies of the State '.
60. In Section 148 (6), the words "by the Ministry or 'shall be inserted after the word" established'.
61. In Paragraph 149 (1), the words "by the Ministry or 'shall be inserted after the words" established'.
62. In Article 149, the sentence "Where a change in the legal person carrying out the activity of a school or a school establishment is proposed at the end of paragraph 3, because of the transfer or transfer of the activity of a school or a school establishment to another legal person, the authority which keeps a register of schools and educational establishments shall examine the conditions for carrying out the activity of a school or a school establishment with the acquiring legal person in a similar manner as if it were the registration of a new school or a school establishment. '
63. In Paragraph 150, the following paragraph 4 is added:
"(4) Before submitting an application for the removal of a secondary or higher vocational school which is not established by a region or the field of education of such a school from the register of schools and educational establishments, the legal person carrying out the activity of the school or its founder with a region in whose territory the legal person carrying out the activity of the school has its registered office shall discuss the possibility to transfer the activity of the school to the appropriate extent to the legal person established by the region. The minutes shall be attached to the request for school removal from the school register and school establishments. ';
64. In Paragraph 152, the following paragraph 6 is added:
"(6) The provisions of paragraphs 1 to 5 shall not apply to the registration of nursery schools and school catering establishments established under the second sentence of Paragraph 8 (3). ';
65.In § 158 (d), "§ 126 (3) (e) 'is replaced by" § 126 (3) (d) and (e)';
66. in Article 160 (1) (a), (c) and (d), the words "resulting from" shall be replaced by the words "resulting from the basic."
67.In Article 160 (1) (a), (c) and (d), the words "disabled" are replaced by the words "referred to in Article 16 (9)."
68. In Article 161 (2), the words "special educational needs of children, pupils and students' are replaced by the words" support measures provided for in the light of the standard financial performance of support measures'.
69. in § 161 (6) of the introductory part of the provision and in § 163 (1) (a), the words "with the knowledge of the county council" shall be deleted;
70. in Paragraph 161, the following paragraph 7 is inserted after paragraph 6:
"(7) The Regional Office shall subsequently inform the Regional Council of the breakdown and allocation of funds referred to in paragraph 6."
Paragraph 7 shall become paragraph 8.
71. In Section 162, at the end of paragraph 2, the following sentence is added: "Additional support measures are part of the norm, taking into account the standard financial intensity of the support measures."
72.In Article 163 (1), the words "and the allocation of funds shall subsequently be informed by the regional council" shall be added at the end of the text of point (a).
73.In Article 165 (2), the introductory part of the provision reads:
"(2) The Director of the School and the School Institute shall decide on the rights and obligations in the field of government in the following cases: '.
74. In Paragraph 166 (2), the words "for a period of 6 years' are deleted.
75. in Paragraph 166 (3):
"(3) In the period from the beginning of the sixth month to the end of the fourth month before the end of the six-year period, the Director of the School or the establishment referred to in paragraph 2 (hereinafter referred to as the" six-year period ') may declare bankruptcy for that post; in such a case, it shall withdraw the Director on the last day of the six-year period. The founder declares an bankruptcy and removes the Director whenever, before the start of the bankruptcy period, he receives a proposal to announce it from the Czech school inspection or school board. If the organiser does not declare bankruptcy and withdraw the Director in accordance with the first or second sentence, the day following the end of the six-year period shall begin to run a further six-year period.';
76. In Article 166 (5) of the Introductory Part of the provision, the words "during the term of a fixed-term employment relationship 'are deleted.
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Regulation Information
| Citation | Act No. 82 / 2015 Coll., amending Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.04.2015 |
|---|---|
| Effective from | 01.05.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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