ACT No. 561
of 24th
September 2004
on Pre-school, Basic, Secondary, Tertiary Professional and Other Education
(the Education Act)
The Parliament has resolved upon the following Act of the Czech Republic:
PART ONE
GENERAL PROVISIONS
Section 1
Subject and Scope of Application
This Act shall regulate pre-school, basic, secondary, tertiary professional and other
education at schools and school facilities, lay down conditions under which education and
training (hereinafter referred to as “education”) are executed, define the rights and duties of
natural and legal persons involved in education, and specify the scope of competencies of the
bodies executing state administration and self-government in the system of education.
Section 2
Principles and Goals of Education
(1) Education shall be based on the principles of
a) equal access of all citizens of the Czech Republic or nationals of any other European
Union Member State to education without any discrimination based on any ground such
as race, colour, sex, language, belief or religion, nationality, ethnic or social origin,
property, kith or kin, or the health condition or any other status of a citizen;
b) considering the educational needs of an individual;
c) mutual respect, deference, toleration of opinions, and dignity of all parties in education;
d) free basic and secondary education of citizens of the Czech Republic or nationals of any
other European Union Member State at schools established by the state, a region, a
municipality or a union of municipalities;
e) free dissemination of findings arising from the results of current knowledge of the world
and in compliance with general goals of education;
f) enhancement of the process of education on the basis of results achieved in the sciences,
research and development and the widest possible application of effective up-to-date
pedagogical approaches and methods;
g) evaluation of results of education with regard to achieving goals of education laid down
herein and in educational programmes; and
h) the opportunity given to everybody to learn for all their life whilst being aware of
having co-responsibility for one’s education.
(2) General goals of education shall be, in particular, as follows:
a) the personal development of a human being who shall possess knowledge and social
competencies, ethical and spiritual values for their personal and civil life, for the
execution of a profession or working activities, and for acquiring information and
learning in the course of life;
b) acquiring general education or general and vocational education;
c) understanding of and application of principles of democracy and a legal state,
fundamental human rights and freedoms along with responsibility and a sense of social
coherence;
d) understanding and application of the principle of equality of women and men in society;
e) the formation of national and state citizenship awareness and respect for the ethnic,
national, cultural, language and religious identity of every person;
f) knowledge of global and European cultural values and traditions, understanding and
acquiring principles and rules arising from European integration as a basis for
coexistence at national and international levels;
g) acquisition and application of knowledge of the environment and its protection arising
from the principles of sustainable growth and of safety and the protection of health.
(3) Education provided hereunder shall be a service of general interest.
Educational Programmes
Section 3
System of Educational Programmes
(1) The Ministry of Education, Youth and Sports (hereinafter referred to as the
“Ministry”) shall develop the National Educational Programme, discuss it with selected
scientific experts and practitioners, with relevant central trade union bodies, republic-wide
employers’ organisations and with regions, and shall submit it to the Government to be
discussed. The Government shall submit the National Educational Programme to the Chamber
of Deputies and the Senate of the Parliament for their approval. The National Educational
Programme shall incorporate goals of education laid down herein and define principal
educational areas, the content of education and tools necessary for achieving such goals. The
Ministry shall disclose the National Educational Programme at all times in a manner enabling
remote access.
(2) Framework Educational Programmes shall be published for each educational area
within basic and secondary education as well as for pre-school, basic artistic and language
education. Framework Educational Programmes shall define the compulsory content, scope
and conditions of education. These shall be binding for the development of School
Educational Programmes, the evaluation of children’ and pupils’ results in education, the
development and assessment of textbooks and teaching texts, and furthermore Framework
Educational Programmes shall be a binding basis for specifying amounts of funds to be
allocated pursuant to Sections 160 through 162.
(3) Education in individual schools and school facilities shall be organised in
accordance with School Educational Programmes.
(4) Tertiary professional education in each educational area in individual tertiary
professional schools shall be organised in accordance with an educational programme
accredited pursuant to Sections 104 through 106.
(5) The Government shall lay down in its Regulation, after discussion with respective
republic-wide employers’ organisations and with regions, the set of educational areas within
basic, secondary and tertiary professional education and conditions for assessing the health
condition of a person applying for education.
Section 4
Framework Educational Programmes
(1) Framework Educational Programmes shall specify, in particular, the concrete
objectives, form, length and compulsory content of education, both general and vocational, in
accordance with the focus of a particular educational area, its organisation, professional
profile, conditions of the course of education and the manner of completing the education,
principles for development of School Educational Programmes as well as conditions for the
education of pupils with special educational needs, and shall determine required materials,
personnel and organisational conditions, and conditions for health protection and safety. The
Ministry acting in agreement with the Ministry of Health shall specify conditions for the
protection of health with regard to the provision of education.
(2) Framework Educational Programmes must comply with the latest findings of:
a) scientific disciplines whose fundamental findings and practical usage should be
delivered by education, and
b) pedagogy and psychology on effective methods and organisation of education
appropriate to the age and development of learners.
Framework Educational Programmes shall be adjusted in accordance with the aforementioned
views. Relevant ministries, through scientists and practitioners, including those involved in
pedagogy and psychology, shall ensure the development of critical objector’s opinions on
Framework Educational Programmes.
(3) The Ministry shall publish Framework Educational Programmes acting in
accordance with relevant ministries. The Ministry shall publish Framework Educational
Programmes for medical fields acting in accordance with the Ministry of Health. The Ministry
of Defence, the Ministry of the Interior and the Ministry of Justice, acting in accordance with
the Ministry, shall publish Framework Educational Programmes for education at schools
under their responsibility. Prior to their publication, ministries shall discuss Framework
Educational Programmes for vocational education with relevant central trade union bodies,
republic-wide employers’ organisations, and regions .
(4) In the case of a serious event, a Framework Educational Programme may be
modified with such a modification being effective at the earliest from the beginning of the
following school year unless the modifications arise from valid legal regulations. In such a
case the ministry that issued the Framework Educational Programme shall disclose the
modification sufficiently in advance.
(5) Framework Educational Programmes and their modifications shall be disclosed by
the issuing ministries at all times in a manner enabling remote access.
Section 5
School Educational Programmes
(1) With regard to education for which a Framework Educational Programme has been
issued under Section 3 (2), School Educational Programmes must be in compliance with this
Framework Educational Programme; the content of education may be broken down in the
School Educational Programme into subjects or other comprehensive educational units (for
example modules).
(2) With regard to education for which a Framework Educational Programme has been
issued a School Educational Programme shall specify, in particular, the concrete objectives of
education, the length, the form, the content and the time schedule of education, conditions for
the admission of persons applying for education, and the manner in which education shall be
completed, including conditions for the education of pupils with special educational needs,
and a document certifying completion of education, if applicable. Further it shall include the
description of material, personnel and economic conditions and conditions for work safety
and health protection upon which education at a particular school or school facility shall be
provided.
(3) A School Educational Programme shall be issued by the head teacher or director of
a school facility. The head teacher or director of the school facility shall disclose the School
Educational Programme at an accessible place within the school or school facility; everybody
shall be entitled to acquaint themselves with the School Educational Programme and make
copies, or may receive a copy being charged a fee as appropriate in the given location. The
provision of information under the Act on Free Access to Information shall not be prejudiced.
Section 6
Educational Programme for Tertiary Professional Education
(1) The Educational Programme for Tertiary Professional Education shall specify, in
particular, the concrete objectives of education, the length, the form, and the content of
education and its organisation, the profile of graduates of the educational programme
concerned, the language of instruction, conditions of the course of education, and the manner
in which education shall be completed, as well conditions for the education of students with
special educational needs, and material, personnel and organisational conditions, conditions
for work safety and health, and health protection conditions for persons applying for
education.
(2) A head teacher shall publish, at an accessible place in the school, the educational
programme accredited under Sections 104 through 106; everybody shall be entitled to
acquaint themselves with the educational programme and make copies, or may receive a copy
being charged a fee as appropriate in the given location. The provision of information under
the Act on Free Access to Information shall not be prejudiced.
(3) Educational Programmes accredited under Sections 104 through 106 shall be binding
for evaluation of the tertiary professional school concerned as well as for the results of the
education of students. It shall be a binding basis for specifying amounts of funds to be
allocated pursuant to Sections 160 through 162.
Educational System, Schools and School Facilities and their Legal Status
Section 7
Educational System, Schools and School Facilities
(1) In this Act hereunder, the educational system shall consist of schools and school
facilities.
(2) Schools shall provide education in compliance with Educational Programmes laid
down in Section 3.
(3) Different types of schools shall be as follows: nursery schools, basic schools,
secondary schools ( secondary general schools, secondary technical schools and secondary
vocational schools), conservatories, tertiary professional schools, basic artistic schools and
language schools authorised to organise state language examinations. For the purpose of
description of a school the Ministry shall lay down in an implementing legal regulation the
different types of schools in accordance with their specialisation.
(4) A school facility shall provide services and education supplementing and supporting
education at schools or relating directly to it, or shall provide institutional and protective
education or preventative educational care1
. A school facility shall carry out education in
compliance with the School Educational Programme specified in Section 5 (2).
(5) Types of school facilities shall be as follows: school facilities for further education
of pedagogical staff, school advisory facilities, school facilities for developing personal
interests and providing further education, school facilities for special purposes, educational
and lodging and boarding facilities, school canteens, and school facilities for providing
institutional education, protective education and preventative educational care. A special legal
regulation1
shall lay down the division of school facilities for executing institutional
education, protective education and preventative educational care.
(6) The execution of activities carried out at schools and school facilities shall be
conditional upon their inclusion in the Register of Educational Facilities.
1
Act No. 109/2002 Coll. Act on the Provision of Institutional Education or Protective Education at School
Facilities and on Preventative Educational Care at School Facilities and on the Amendment to Some Other Acts
(7) Pedagogical staff2
shall carry out educational activities at schools and school
facilities.
Section 8
Legal Status of Schools and School Facilities
(1) A region, a municipality or a voluntary union of municipalities whose scope of
activities concern tasks carried out within the educational system (hereinafter referred to as a
“union of municipalities”) shall establish schools and school facilities as legal persons
involved in education or organisations partially covered from the state budget under a special
legal regulation.3
(2) The Ministry shall establish schools and school facilities as legal persons involved
in education or organisations partially covered from the state budget under a special legal
regulation4
and Section 169 herein.
(3) The Ministry of Defence, the Ministry of the Interior and the Ministry of Justice
shall establish schools and school facilities as organisational units of the state.5
(4) The Ministry of Foreign Affairs shall establish schools at embassies and consulates
of the Czech Republic as units of such embassies and consulates.
(5) The Ministries listed in sub-sections 2 through 4 shall fulfil the function of founders
of schools and school facilities on behalf of the state.
(6) Registered churches and religious societies which have been authorised to exercise a
special right to establish church schools6
, and other legal persons or natural persons, shall
establish schools and school facilities as legal persons involved in education or legal persons
operating in accordance with special legal regulations7
and whose scope of activities shall be
providing education or educational services hereunder
(7) A legal person and an organisational unit of the state may carry out activities
pertaining to a school and/or a school facility or also several schools and/or school facilities.
Section 8a
The Name of a Legal Person and Organisational Unit of the State
2
Act No. 563/2004 Coll. on Pedagogical Staff and on the Amendment to Some Other Acts
3
Act No. 250/2000 Coll., on Budgeting Rules of Regional Budgets, as amended.
Act No. 562/2004 Coll., amending some acts in relation to the adoption of the Education Act.
4
Section 54 (2) of Act No. 219/2000 Coll., on the Property of the Czech Republic and its Representation in
Legal Relations
5
Act 219/2000 Coll., as amended
6
Section 7 (1) (e) of Act No. 3/2002 Coll., on the Freedom of Religious Confession and the Position of Churches
and Religious Societies and on the Amendment to Some Other Acts (the Act on Churches and Religious
Societies)
7
For example the Commercial Code, Act No. 248/1995 on Public Benevolent Societies and on Amendments to
Some Other Acts, as amended
(1) The name of a legal person or organisational unit of the state carrying out
activities under sub-section 8 (7) must always include the following:
a) a denotation of the kind or type of school if it carries out activties of a school;
b) a denotation of the type of school facility to perform institutional education,
protective education or preventive educational care if it carries out the
activities of this kind of school facility;
c) a denotation of the kind or type of school facility which is not specified under
letter b) if it carries out the activities of only this type of school facility;
(2) The name of a legal person or organisational unit of the state carrying out
activities under sub-section 1 (a) and (b) may further include denotations of all kinds or
types of school facilities if such legal person or organisational unit of the state carries out
the activities of such school facilities.
(3) The name may also contain a clarifying description or an honourable title,
provided that such honourable title has been granted by the Ministry.D)
Long-term Objectives and Annual Reports
Section 9
Long-term Objectives
(1) The Ministry shall draw up long-term objectives of education and of the
development of the educational system of the Czech Republic, discuss the draft objectives
with relevant central trade union bodies, relevant republic-wide employers’ organisations and
with regions, submit it to the Government for its approval, and shall disclose it in a manner
enabling remote access. The Government shall submit the long-term objectives of education
and development of the educational system of the Czech Republic to the Chamber of Deputies
and the Senate of the Parliament for it to be discussed there.
(2) Regional Authorities shall draw up, in compliance with the long-term objectives of
education and development of the educational system of the Czech Republic, their long-term
objectives of education and development of the educational system of the respective region
and submit it to the Ministry for its opinion. Part of the long-term objectives of education and
development of the educational system of the respective region concerning education at
schools and school facilities established by the region in question shall be submitted by the
relevant Regional Council to the respective Regional Assembly for its approval. The longterm
objectives of education and development of the educational system of the respective
region shall be at all times disclosed in a manner enabling remote access.
(3) The long-term objectives under sub-section 2 shall contain an analysis of the
educational system in the region concerned and lay down, on the basis of demographic
development presented, labour market development and other development goals in the
region, in particular, goals and tasks for individual fields of education, the structure of
education offered, mainly the structure of individual educational areas, kinds or types of
schools and school facilities and their capacities, and a proposal for funding education and
educational services in the region concerned.
(4) Long-term objectives shall be evaluated at two year intervals and, if necessary, they
shall be adjusted or supplemented using the procedure set out in subsections 1 and 2.
Section 10
Annual Reports
(1) Every year the Ministry shall draw up an annual report on the situation and
development of the educational system of the Czech Republic, submit it to the Government
and disclose it, at all times, in a manner enabling remote access.
(2) Every year Regional Authorities shall draw up an annual report on the situation and
development of the educational system in the respective region, shall submit it to the
respective Regional Assembly and the Ministry, and disclose it, at all times, in a manner
enabling remote access.
(3) Every year head teachers of basic, secondary and tertiary professional schools shall
draw up an annual report on activities carried out by the respective school during the school
year, deliver it to the founder and disclose it in an accessible place in the school. All persons
may acquaint themselves with the annual report and make copies or may receive a copy being
charged a fee as appropriate in the given location. The provision of information under the Act
on Free Access to Information shall not be prejudiced.
Section 11
The Ministry shall lay down in an implementing legal regulation a framework structure,
the content and procedures of elaborating long-term objectives and annual reports under
Section 10 (2) and (3), and dates by when such objectives and reports must be submitted and
disclosed.
Evaluation of Schools, School Facilities and the Educational System
Section 12
(1) Evaluation of schools shall be carried out through self-evaluation of the relevant
school and observations of the Czech School Inspectorate.
(2) Self-evaluations of schools shall become the basis for drawing up the annual report on
the activities of the school and one of the documents to be used for observations made by the
Czech School Inspectorate. The Ministry shall lay down in an implementing legal regulation a
framework structure, rules and deadlines for self-evaluations carried out by schools.
(3) Education at school facilities shall be evaluated by the Czech School Inspectorate.
(4) Evaluation of the educational system in regions shall be carried out by the relevant
Regional Authority and included in the report on the situation and development of the
educational system in the respective region. Evaluation of the Educational System of the
Czech Republic shall be made by the Ministry and included in the report on the situation and
development of the educational system of the Czech Republic and by the Czech School
Inspectorate and included in its annual report.
(5) Evaluation of a relevant school or school facility may be made by the founder in
accordance with criteria published in advance.
Language of Instruction and Education of Members of National Minorities
Section 13
Language of Instruction
(1) The language of instruction shall be the Czech language.
(2) Members of national minorities8
shall have the right to be educated in the language of
the relevant national minority under conditions stipulated in Section 14.
(3) The Ministry may permit the teaching of some subjects in a foreign language.
(4) A foreign language may be the language of instruction at tertiary professional
schools.
Section 14
Education of Members of National Minorities
(1) A municipality, a region or the Ministry shall ensure education for members of
national minorities in the language of the relevant minority at nursery, basic and secondary
schools, namely in the municipalities where, in compliance with a special legal regulation,9
a
Committee for National Minorities has been established and if conditions stipulated herein are
satisfied.
(2) Should at least eight (8) children claim to be members of a national minority a class D)
of the relevant grade of nursery school may be set up; should at least ten (10) pupils claim to
be members of a national minority a class D)
of the relevant grade of basic school may be set
up. A nursery school or basic school with the language of the national minority may be
established provided that all classes have on average at least twelve (12) children or pupils
who claim to be members of the national minority in one class.
(3) Should at least twelve (12) pupils claim to be members of a national minority a class
of the relevant grade of secondary school may be set up; a secondary school with the language
of the national minority as a language of instruction may be established provided that all
classes have on average at least fifteen (15) pupils who claim to be members of the national
minority.
(4) In organising education in the language of a national minority, municipalities, regions
or the Ministry shall take into account the accessibility of this education. Education in the
8
Section 2 (2) of Act No. 273/2001 Coll., on the Rights of Members of National Minorities and on the
Amendment to Some Other Acts
9
Section 117 (3) of Act 128/2000 Coll., on Municipalities (Municipal Establishment), as amended by Act No.
273/2001 Coll.
language of a national minority may be also organised by a union of municipalities or
municipalities, or a municipality and a region may mutually agree on the manner of
organisation, including funding.
(5) If conditions stipulated in sub-sections 2 and 3 are not satisfied a head teacher with the
consent of the founder may specify in the School Educational Programme subjects or their
parts which may be taught bilingually, both in the Czech language and the language of the
relevant national minority.
(6) At schools with instruction in the language of the relevant national minority, school
reports, apprenticeship certificates, and diplomas on completion of education shall be issued
bilingually, both in the Czech language and in the language of the relevant national minority.
Teaching of Religion
Section 15
(1) In compliance with the principles and goals of education under Section 2, it shall be
enabled to teach religion at schools. Religion may be taught by registered churches or
religious societies which have been granted a special right to teach religion at state schools10
,
even jointly upon an agreement in writing.
(2) Religion shall be taught as an optional subject at basic and secondary schools
established by the state, a region, a municipality or a union of municipalities, if at least seven
(7) pupils of the school concerned apply for religion lessons taught by a church or a religious
society. Pupils from several grades of one school or more schools, however with a maximum
number of pupils in one class of thirty (30) pupils, may join in one class. Pupils from more
schools may join to be taught religion lessons simply on the basis of an agreement concluded
between the relevant schools which shall also regulate the coverage of costs incurred in
relation to such lessons.
(3) An authorised representative of a church or religious society who satisfies the
qualifications required to carry out the activities of a pedagogical worker under a special legal
regulation2
may teach religion being in a labour-law relation to the legal person providing the
activities of the school concerned. An authorising document shall be issued by the statutory
body of a church or religious society. In the case of the Roman-Catholic church this shall be
the statutory body of the relevant bishopric.
Education of Children, Pupils and Students with Special Educational Needs and Gifted
Children, Pupils and Students
Section 16
Education of Children, Pupils and Students with Special Educational Needs
(1) A child, pupil or student having special educational needs shall be a disabled person,
or a person disadvantaged in terms of health condition or social position.
10
Section 7 (1) (a) of Act No. 3/2002 Coll.
(2) For the purpose of this Act, disability shall mean mental, physical, visual or auditory
disability, language deficiency concurrent with more deficiencies, autism and development
deficiency in learning or behaviour.
(3) For the purpose of this Act a health disadvantage shall mean a serious health defect,
long-term disease or modest health defect resulting in problems in learning and behaviour
which must be taken into account in education.
(4) For the purpose of this Act, social disadvantage shall mean:
a) a family environment with a low social and cultural status, threat of pathological social
phenomena;
b) institutional education ordered or protective education imposed, or
c) the status of asylum seeker, a person enjoying supplementary protection, or a party
to proceedings for granting international protection in the Czech Republic under a
special legal regulationF)11
(5) The special educational needs of children, pupils and students shall be ensured by a
school advisory facility.
(6) Children, pupils or students with special educational needs shall be entitled to an
education the content, form and methods of which correspond to their educational needs and
possibilities, on the creation of necessary conditions enabling such education and on the
advisory assistance of the school and the school advisory facility. When admitting disabled
pupils and students, and pupils and students who are disadvantaged in terms of health
conditions, and when such pupils and students complete their education, adequate conditions
corresponding to their needs shall be specified. When evaluating pupils and students with
special educational needs the nature of their disability or disadvantage must be taken into
account. The head teacher may, in exceptional cases, prolong the length of secondary and
tertiary professional education, however not more than by two (2) years, for individual
disabled pupils or students.
(7) Disabled children, pupils or students shall be, during their education, entitled to the
free use of special textbooks and special didactical and compensatory teaching aids provided
by the school. Children, pupils and students who are deaf-and-mute shall be entitled to free
education through or by means of sign language. Visually impaired children, pupils and
students who cannot read normal print shall be entitled to education using Braille print.
Children, pupils or students who cannot communicate in spoken language shall be entitled to
free education through or by means of compensatory ways of communication.
(8) Should it be required by the nature of schools for the disabled or, with the consent
of a Regional Authority, classes, departments or study groups at schools using adapted
educational programmes shall be established for disabled children, pupils or students. Pupils
suffering from serious mental disability, pupils with several learning disabilities, and autistic
pupils shall be entitled to be educated at a special basic school if they are not thus educated
otherwise.
11
Act No. 325/1999 Coll., on Asylum and on the Amendment to Act No. 283/1991 Coll., on the Police of the
Czech Republic, as amended (the Act on Asylum), as amended
(9) Head teachers of nursery schools, basic schools, basic special schools, secondary
schools, and tertiary professional schools may, with the consent of the relevant Regional
Authority, establish the post of teacher’s assistant for classes or study groups where a child,
pupil or student with special educational needs is educated. In the case of disabled children,
pupils and students or children, pupils and students disadvantaged in terms of health
conditions the opinion of the school advisory facility shall be required.
(10) To open an individual class, department or study group with adjusted
educational programmes in a school under sub-section 8 and to establish the post of
teacher’s assistant under sub-section 9 the consent of the Ministry is required in the case
of schools established by the Ministry or registered churches or religious societies, and
the consent of the relevant Regional Authority in the case of schools established by
other entities.
Section 17
Education of Gifted Children, Pupils and Students
(1) Schools and school facilities shall create conditions for the development of gifted
children, pupils, and students.
(2) With regard to the development of gifted children, pupils, and students, the
extended teaching of some subjects or groups of subjects may be organised. Head teachers of
schools may adjust the organisation of education in classes aimed at physical education or for
pupils and students undergoing sports training.
(3) Head teachers of schools may, in the case of an extraordinarily gifted pupil, at the
request of a person specified by a special legal regulation12
or upon the judgment of the court
authorised to act on behalf of the child (hereinafter referred to as “statutory representative”),
and in the case of an extraordinarily gifted pupil who is of legal age, at his/her own request,
transfer that pupil to a higher grade without completing the previous grade. The opinion of the
school advisory facility or a paediatrician registering the pupil concerned shall be enclosed
with the application of the pupil whose school attendance is compulsory. The transfer shall be
made upon the condition of passing examinations relating to the syllabus or the part of the
syllabus of the grade the pupil or student shall not complete. The head teacher shall specify
the content and scope of such examinations.
Section 18
Individual Educational Plan
Head teachers may, after receiving in writing the recommendation of a school advisory
facility, in the case of a minor pupil with special educational needs or being extraordinarily
gifted, at the request of his/her statutory representative, or in the case of a pupil who is of
legal age or a student with special educational needs or being extraordinarily gifted, at his/her
own request, permit education according to an individual educational plan. With regard to
secondary or tertiary professional education head teachers may permit education according to
an individual educational plan also on the basis of other serious reasons.
12
Act 94/1963 Coll., on Family, as amended
Section 19
The Ministry shall lay down in an implementing legal regulation rules and other details
for determining the educational needs of gifted children, pupils, and students and the
adjustment of organisation, admission, the course of teaching and completion of education of
children, pupils and students with special educational needs and gifted children, pupils and
students, including details of the individual educational plan and conditions for transferring
these children, pupils, and students to the relevant higher grade.
Education of Foreign Nationals
Section 20
(1) Persons who are not citizens of the Czech Republic and who reside legally in the
Czech Republic shall have access to basic, secondary and tertiary professional education upon
the same conditions as citizens of the Czech Republic, including education within institutional
education and protective education.
(2) Persons listed in sub-section 1 shall become pupils and students of a relevant school
upon the conditions stipulated herein if they provide the head teacher with evidence, not later
than on the date of the commencement of their education, of the legitimacy of their residence
in the Czech Republic.
(3) Nationals of other European Union Member States shall have access to education and
school services hereunder upon the same conditions as citizens of the Czech Republic. The
provisions of sub-section 2 shall not apply.
(4) Persons who are not citizens of the Czech Republic and who have had previous
education abroad shall be, at their request when taking admission examinations at secondary
and tertiary professional schools, waived the admission examination of the Czech language
which is a part of the admission examination. The school shall verify knowledge of the Czech
language which is necessary for education in the chosen field of education by means of an
interview.
(5) The Regional Authority having local jurisdiction at the place of residence of the pupil
concerned and in cooperation with the founder of the school shall ensure that a pupil who has
lived in the Czech Republic for a long period of time and is subject to compulsory school
attendance hereunder, and who is a child of nationals of other European Union Member States
who have been employed or have been self-employed persons in the Czech Republic or have
studied here or have been granted the right to reside in the Czech Republic for other reasons13
,
a) can attend free preparation for their inclusion to basic education including learning the
Czech language adapted to the needs of such pupil; and
b) is, if possible and in cooperation with the countries of origin of pupils, taught their
mother tongue and culture of their country of origin, whilst such teaching shall be
coordinated with usual education at the basic school concerned.
13
Act No. 326/1999 Coll., on the Residence of Aliens in the Czech Republic and on the Amendment to Some
Other Acts, as amended
(6) The Regional Authority shall ensure the preparation of pedagogical staff who shall
carry out education under sub-section 5.
(7) The Ministry shall lay down in an implementing legal provision the form, content and
organisation of free preparation under sub-section 5 (a).
Rights and Duties of Pupils, Students and Statutory Representatives of Children and
Minor Pupils
Section 21
Rights of Pupils, Students and Statutory Representatives of Children and Minor Pupils
(1) Pupils and students shall be entitled to
a) education and school services hereunder;
b) information on the course and results of their education;
c) elect and be elected to the School Board, if they are of legal age;
d) establish, with the school, self-governing bodies of pupils and students, to elect and be
elected to such bodies, to work for them and through them to contact the head teacher,
whereas the head teacher shall be obliged to deal with the opinions and comments of
such self-governing bodies;
e) express their opinions on all decision concerning essential matters of their education,
whilst their opinions must be devoted attention appropriate to their age and development
level; and
f) information and advisory assistance
(2) Statutory representatives of children and minor pupils shall also have the rights
stipulated in sub-section 1 with the exception of letters a) and b).
(3) Parents of pupils who are of legal age and students or persons who have a duty to
support and maintain such pupils and students shall be also entitled to be provided with
information under sub-section 1 (b).
Section 22
Duties of Pupils, Students and Statutory Representatives of Children and Minor Pupils
(1) Pupils and students shall be obliged to:
a) duly attend the school or school facility and to duly be educated;
b) adhere to school and internal Rules of Order and regulations and instructions of the
school and school facility concerning health protection and safety which they are to
become acquainted with; and
c) respect instructions given by pedagogical staff of schools and school facilities issued in
compliance with legal regulations or the internal Rules of Order.
(2) Pupils of legal age and students shall be further obliged to:
a) inform the school and school facility on any change in their health condition, health
problems or other serious facts which could affect the course of their education;
b) justify their absence from school lessons in compliance with conditions set out in the
school Rules of Order; and
c) notify the school and school facility of the data under Section 28 (2) and (3) and other
data which is essential for the course of their education or the safety of a pupil or student
and of any changes in such data .
(3) Statutory representatives of children and minor pupils shall be obliged to:
a) ensure that the child or pupil duly attends the school or school facility;
b) at the request of the head teacher or the principal of the school facility to participate
personally in discussing serious matter concerning the education of the child or pupil;
c) inform the school and school facility on any change in health conditions, health
problems or other serious facts concerning the child or pupil which could affect the
course of education of the child or pupil;
c) justify the absence of the child or pupil from school lessons in compliance with
conditions set out in the school Rules of Order; and
d) notify the school and school facility of data under Section 28 (2) and (3) and other data
which is essential for the course of their education or the safety of a pupil or student,
and of any changes in such data.
Organisation of Education at Schools
Section 23
Organisation of Schools
(1) With regard to organisation, nursery, basic and secondary schools shall be divided
into classes, tertiary professional schools into study groups, conservatories and basic artistic
schools into departments and language schools authorised to organise state language
examinations into courses.
(2) Classes, study groups and departments of all schools whose activities are carried
out by one legal person must be located in a region where the legal person has a registered
seat. The Ministry shall permit exceptions in cases of particular consideration and on the
proposal of the founder or the legal person carrying out activities of the school.
(3) The Ministry shall lay down in an implementing regulation the lowest number of
children, pupils, and students for individual types of schools, and the lowest as well as the
highest number of children, pupils, and students to be in a class, study group or department.
The founder of the school may permit exceptions of up to four (4) children, pupils, and
students from the number specified in the implementing legal regulation and of up to 20 per
cent from the number laid down in Section 14 (2) and (3) and Section 47 (1), provided that in
the case of a lower number than specified they shall cover the increased costs on educational
activities and that an increased number of children, pupils, and students shall not be
detrimental to the quality of educational activities of the school, and that conditions of health
protection and safety are satisfied. In the case of an approved exception from the number of
pupils under Section 14 (2) and (3) and Section 47 (1) the calculated figure shall be rounded
up. The founder of the school, unless it is the state, a region, a municipality or a union of
municipalities, when permitting an exception to the lowest possible number of children,
pupils or students in individual types of schools or in a class, study group or department,
shall not be bound by the limit of four (4) children, pupils or students of the number
specified by an implementing legal regulation A)
.
Section 24
School Year
(1) The school year shall start on 1 September and end on 31 August of the following
calendar year. The school year shall be divided into a period of school lessons and a period of
school holidays. The period of school lessons shall be divided into semesters. The lessons
shall be taught in a five-day school week.
(2) Head teachers may, for serious reasons, in particular for organisational and
technical reasons, during school lessons permit for pupils a maximum of five (5) days off
within the school year.
(3) The Ministry may, in individual cases of particular consideration, set out
differences from the usual organisation of the school year.
(4) The provisions of sub-sections 1 through 3 shall not apply to education provided in
nursery schools and language schools authorised to organise state language examinations, and
the provisions of sub-section 1 shall not apply to education at tertiary professional schools.
(5) The Ministry shall lay down in an implementing legal regulation details on
organisation of the school year, types, length and terms of school holidays, dates on which
pupils and students shall receive school reports, as well as the organisation of the school year
and conditions for operations at nursery schools and language schools authorised to organise
state language examinations.
Section 25
Forms of Education
(1) Basic education shall be in the form of day attendance. Secondary and tertiary
professional education shall be organised as day or evening attendance, as distance, e-learning
and combined forms of education. Education attained in all forms of education shall be equal.
(2) For the purpose of this Act
a) day attendance shall be understood to be school lessons organised regularly every day
within a five day school week during the school year;
b) evening attendance shall be understood to be school lessons organised regularly several
times a week in the scope of 10 up to 18 lessons a week during the school year, usually
in afternoon and evening lessons;
c) distance form shall be understood as self-learning supported by consultation in the scope
of 200 up to 220 consultation hours in the school year;
d) e-learning shall be understood to be self-learning mainly via or only via information
technologies or supported by individual consultation;
e) combined form shall be understood as education using day and other forms of education
laid down herein.
(3) The length of distance, evening, e-learning, or combined forms of education shall
be maximally one (1) year longer that the period of day education.
Section 26
School Lesson
(1) A school lesson in basic, basic artistic, secondary and tertiary professional
education shall last 45 minutes. A lesson of vocational training and job practice at secondary
and tertiary professional education shall last 60 minutes. A framework or accredited
educational programme for pupils with special educational needs may specify a different
length of school lesson. In justified cases school lessons may be divided or joined together.
(2) A Framework Educational Programme for basic education shall specify the number
of compulsory school lessons per week for the first grade and the second grade and it shall be
maximum of 22 compulsory school lessons, in the third up to fifth grade a maximum of 26
compulsory school lessons, in the sixth and seventh grades a maximum of 30 and in the eight
and ninth grades a maximum of 32 compulsory school lessons per week. Framework
educational programmes for secondary education and accredited educational programmes for
tertiary professional education shall specify the number of compulsory school lessons, namely
a maximum of 35 compulsory school lessons per week. In the case of conservatories and
educational areas where a Framework Educational Programme specifies as a part of
enrolment proceedings an examination to determine ability, a maximum of 40 compulsory
school lessons per week; and with regard to the field of education “Gymnazium Focusing
on Sports” a maximum of 46 school lessons per weekD)
.
(3) Framework Educational Programmes for basic and secondary education and
accredited educational programmes for tertiary professional education shall further determine
the minimum number of compulsory school lessons in individual grades.
(4) The Ministry shall lay down in an implementing legal regulation the organisation of
school lessons and rules for dividing and joining classes and study groups during school
lessons.
Section 27
Textbooks, Teaching Texts, School Equipment and Stationary
(1) The Ministry shall grant or withdraw an approval clause for textbooks and teaching
texts for basic and secondary education on the basis of an assessment as to whether these
comply with educational goals stipulated herein, in Framework Educational Programmes and
legal regulations. The Ministry, acting in agreement with the Ministry of Health, shall grant
and withdraw an approval clause for textbooks and teaching texts for medical branches of
secondary schools. The Ministry shall publish the list of textbooks and teaching texts
approved by an approval clause in the Journal of the Ministry of Education, Youth and Sports
(hereinafter referred to as the “Journal”) and in a manner enabling a remote access.
(2) In addition to textbooks and teaching texts provided for in the list under sub-section
1, schools may also use other textbooks and teaching texts unless these are contrary to the
educational goals stipulated herein, in Framework Educational Programmes or legal
regulations, and if in terms of their structure and content they conform with pedagogical and
didactical principles of education. Head teachers who are responsible for satisfying the
aforementioned conditions shall decide on using textbooks and teaching texts pursuant to the
first sentence.
(3) Pupils of basic schools and children included in preparatory classes (Section 47)
shall be provided free textbooks and teaching texts contained in the list under sub-section 1.
Pupils of the first grade of basic education and children included in preparatory classes shall
not return such textbooks and teaching texts, whereas pupils of other grades of basic
education shall be obliged to return textbooks and teaching texts provided not later than by the
end of the relevant school year.
(4) Pupils of secondary schools for whom school attendance is compulsory and
disabled pupils who attend secondary schools shall be provided free textbooks and teaching
texts contained in the list under subsection 1. Pupils shall be obliged to return textbooks and
teaching texts provided not later than by the end of the relevant school year
(5) Head teachers of secondary schools shall establish a fund of textbooks and teaching
texts at lest for 10 per cent of pupils of the relevant secondary school. Such textbooks and
teaching texts shall be lent free to pupils who are socially disadvantaged and pupils in social
need and in material necessity B)
. 14
(6) Pupils of preparatory classes of basic schools, the first grades of basic education,
pupils in basic education under Section 46 (3), and disabled pupils who attend basic schools
shall be provided free basic school equipment and stationery. The Ministry shall lay down in
the implementing legal regulation the scope of such free provision of basic school equipment
and stationary.
Documentation of Schools and School Facilities
Section 28
(1) Schools and school facilities shall maintain, in accordance with the nature of their
activities, the following documentation:
a) the decision of registration in the Register of Educational Facilities and on its alteration
and documents listed in Section 147;
b) a register of children and students (hereinafter referred to as the “School Register”);
c) documents concerning the admission of children, pupils, students and applicants D)
for
education, on the course of their education and its completion;
d) educational programmes under Section 4 through 6;
e) annual reports on activities carried out at the school, reports on its self- evaluation;
f) class registers containing provable data on education provided and the course of
education;
14
Act No. 482/1991 Coll., on Social Needs, as amended
g) the School Rules of Order and Internal Order of the School, the timetable;
h) minutes of pedagogical meetings;
i) a Book of Injuries of children, pupils and students, and medical reports;
j) protocols and other records on controls and inspection reports;
k) personnel and pay-roll documentation, financial documentation and accounting
records15
as well as other documentation laid down by special legal regulations.16
(2) The School Register of the school, in accordance with the nature of school
activities, shall contain the following data on a child, pupil or student:
a) the name and surname, birth identification number, nationality, the place of birth andA)
the place of permanent residence;
b) data on previous education including the achieved level of education;
c) in the case of secondary or tertiary professional schools, the educational area, form and
length of education;
d) the date when education was commenced at the school concerned;
e) data on the course and results of education at the school concerned, the language of
instruction;
f) data on whether a child, pupil, or student is disabled, including a description of his/her
disability or whether he/she is disadvantaged in terms of health condition; or data on
whether a child, pupil, or student is disadvantaged in terms of social position if such
data has been provided to school by the statutory representative of the child or minor
pupil, pupil of legal age, or student;
g) data on health conditions relevant to education and on any health problems which could
affect the ability to learn;
h) the date of termination of education at the relevant school, data on examinations by
which the education at secondary or tertiary professional education has been completed;
and
i) the name and surname of the statutory representative, the place of permanent residence
and the address for the delivery of written documents, and telephone number.
(3) The School Register of a school facility, in accordance with the nature of their
activities, shall contain the following data on a child, pupil, or student:
a) the name and surname, birth identification number, nationality and the place of
permanent residence;
b) the date when school service or education was commenced and terminated;
c) the data on health conditions relevant to education and on any health problems which
could affect the provision of school services or education;
d) data on whether a child, pupil, or student is disabled including a description of his/her
disability or whether he/she is disadvantaged in terms of health condition; or data on
whether a child, pupil or student is disadvantaged in terms of social position if such data
has been provided to the school by the statutory representative of the child or minor
pupil, or pupil of legal age, or student;
e) denotation of the school which the child, pupil, or student attends; and
f) the name and surname of the statutory representative, the place of permanent residence
and the address for the delivery of written documents, and telephone number.
15
Act No. 563/1991 Coll., on Accounting, as amended
16
For example Sections 50 and 52 of Act No. 258/2000 Coll., on Public Health Protection and on the
Amendment to Some Other Related Acts
(4) Records or modifications of data included in the School Register shall be made
without any undue delay after the date of change of such relevant fact. In maintaining
documentation and School Registers and in processing personal data on children, pupils, and
students schools and school facilities shall respect a special legal regulation.17
Schools and
school facilities shall be authorised to provide data contained in documentation and in School
Registers to persons who prove their entitlement by authorisation stipulated herein or in
special acts.18
(5) For statistical purposes and meeting other duties pursuant hereto the Ministry or an
organisation established by the Ministry shall collect data resulting from documentation of
schools and school facilities and School Registers with the exception of data stipulated in subsection
2 (g) and (i) and sub-section 3 (c) and (f); the data provided for in sub-section 2 (f)
and sub-section 3 (d) shall be gathered only as anonymous data. Schools and school facilities
established by a municipality or a union of municipalities shall provide to the relevant
Regional Authority such data through a Municipal Council of a municipality with an extended
scope of powers. Regional Authorities shall deliver such data to the Ministry or to the
organisation established by the Ministry. Other schools and school facilities, with the
exception of schools and school facilities established by the Ministry, shall deliver such data
through the relevant Regional Authority to the Ministry or the organisation established by the
Ministry. When delivering and processing data resulting from documentation of schools and
school facilities and School Registers, state administration bodies and local governments shall
respect a special legal regulation.17
(6) The Ministry shall lay down in an implementing legal regulation and shall publish
in the Journal the conditions, scope, form and the manner in which documentation of schools
and school facilities and School Registers shall be maintained, and the scope, form, manner
and deadlines for delivering the data resulting from documentation of schools and school
facilities and School Registers to the relevant state administration body operating within the
educational system, and via it to the Ministry or to the organisation established by the
Ministry.
(7) The Ministry shall lay down in an implementing legal regulation the form and
content of valid forms of school reports, extracts from school reports, apprenticeship
certificates and diplomas confirming completion of education. School reports,
apprenticeship certificates, and diplomas on completion of education shall contain the
birth identification number of a pupil or student if such number has been assigned to
him/her D)
. School reports, diplomas on completion of education and apprenticeship
certificates shall be stamped with the national coat of arms of the Czech Republic19
and shall
be a public instrument.
(8) It shall not be permitted to make any corrections to records included on a school
report, apprenticeship certificates or diplomas on completion of education. Signatures on
school reports, apprenticeship certificates and diplomas of completion of education must be
17
Act No. 101/2002 Coll., on the Protection of Personal Data and on the Amendment to Some Acts, as amended
18
For example Section 8 of the Rules of Criminal Procedure, Section 47 (1) and (2) of Act No. 283/1991 Coll.,
on the Police of the Czech Republic, Section 21 (1) (d) of Act No. 582/1991 Coll., on Organisation and
Provision of Social Welfare
19
Act No. 352/2001 coll., on Using National Symbols of the Czech Republic and on the Amendment to Some
Other Acts
original. Schools shall issue duplicates and transcripts of school reports, apprenticeship
certificates and diplomas of completion of education. The school may require payment for
costs incurred for the issuance of such duplicates and transcripts which may not exceed CZK
100.00 (one hundred). The Ministry shall lay down in an implementing legal regulation
conditions for the issuance of duplicates and transcripts of school reports, apprenticeship
certificates and diplomas of completion of education.
(9) Schools shall maintain records of forms for school reports which are evidence of an
acquired level of education, for apprenticeship certificates and diplomas of completion of
education.
(10) Document filing shall be regulated by special legal regulations.20
Safety and Health Protection at Schools and School Facilities
Section 29
(1) In providing education and directly related activities and in providing school
services schools and school facilities shall be obliged to take into account fundamental
physiological needs of children, pupils, and students and to create conditions for their healthy
development and for preventing the rise of pathological social phenomena.
(2) Schools and school facilities shall ensure the safety and protection of health of
children, pupils, and students in education and directly related activities and in providing
school services, and they shall provide pupils and students necessary information on safety
and health protection.
(3) Schools and school facilities are obliged to maintain registers of injuries of children,
pupils and students which occurred during activities stipulated in sub-section 2, to draw up,
and to deliver a record on such injury to specified bodies and institutions. The Ministry shall
lay down in its decree the manner of recording injuries, reports and delivery of records on
injuries, a sample of such records on injuries and shall specify bodies and institutions which
must be supplied with records on injuries.
School Rules of Order, Internal Rules of Order, and Scholarship Rules
Section 30
(1) Head teachers shall issue the School Rules of Order; principles of school facilities
shall issue Internal Rules of Order. School Rules of Order and Internal Rules of Order shall
regulate:
20
Act No. 97/1974 Coll., on Archiving, as amended.
Decree no. 117/1974 Coll., laying down the criteria for assessing written documents such as archives and details
on shredding procedure.
a) details on the execution of rights and duties of children, pupils, and students and their
statutory representatives at schools or school facilities and details on rules of relations
with pedagogical staff;
b) operations and the internal regime of schools or school facilities;
c) conditions on ensuring the safety and protection of health of children, pupils or students
and their protection against pathological social phenomena and against manifestations of
discrimination, hostility, or violence;
d) conditions concerning the treatment of property of schools or school facilities by
children, pupils, and students.
(2) The School Rules of Order shall also contain rules for the evaluation of results of
education of pupils and students.
(3) Head teachers shall disclose the School Rules of Order or Internal Rules of Order at
an accessible place in the school or school facility, in a provable manner they shall inform
employees, pupils, and students of the school or school facility of such rules and shall inform
statutory representatives of minor children and pupils of their publication and content.
(4) Head teachers of secondary or tertiary professional schools may with the consent of
the founder issue Scholarship Rules under which pupils and students may be granted
scholarship for excellent results.
Educational Measures
Section 31
(1) Educational measures shall be approbations or other appreciations on the one hand
and disciplinary measures, on the other hand. A disciplinary measure may be conditional
expulsion of a pupil or student from the school or school facility, final expulsion of a pupil or
student from the school or school facility, and other disciplinary measures not having legal
consequences for the pupil or student concerned. Approbations, other appreciations and
disciplinary measures may be imposed by head teachers or the principals of school facilities
or by class teachers. The Ministry shall lay down in an implementing regulation types of
disciplinary measures and conditions for granting and imposing other disciplinary measures or
approbations or other appreciations.
(2) Head teachers or directors of school facilities may, in the event of serious wilful
violation of duties stipulated herein or in the School Rules of Order or Internal Rules of
Order, decide on conditional expulsion or final expulsion of a pupil or student from the school
or school facility . Head teachers or principals of school facilities shall specify in their
decisions on conditional expulsion a probationary period of not longer than one (1) year.
Should a pupil or student breach during the probation period the duties stipulated herein or in
the School Rules of Order or Internal Rules of Order, the head teacher or the principal of the
relevant school facility may make a decision on final expulsion of the pupil or student
concerned. A pupil may be conditionally expelled or finally expelled from the school only in
the case that he/she has finished compulsory school attendance.
(3) Specially rude verbal or intentional physical assault of a pupil or student against
staff of the school or school facility shall be, at all times, considered to be a serious wilful
violation of duties stipulated herein.
(4) Head teachers or directors of school facilities shall make a decision on conditional
or final expulsion within two (2) months from the day they were informed of the wrongful act
of the pupil or student, however not later than within one (1) year from when the pupil or
student committed the wrongful act in question, with the exception of cases where such
wrongful act has been classified as a criminal offence under a special legal regulation.21
The
head teacher shall inform the Pedagogical Board of his/her decision. A pupil or student shall
cease to be a pupil or student of the relevant school or school facility the day following the
date when the decision on expulsion comes into legal force unless such decision states a later
date.
Prohibition of Activities and Propagation of Political Parties and Movements,
Prohibition of Advertising
Section 32
(1) Neither activities of political parties and political movements nor their propagation
shall be permitted at schools and school facilities.
(2) Advertising in contradiction with goals and the content of education and advertising
and sales of products endangering the health, psychological and moral development of
children, pupils, and students or directly threatening or damaging the environment shall not be
permitted.
PART TWO
PRE-SCHOOL EDUCATION
Section 33
Goals of Pre-school Education
Pre-school education shall support the development of personality of a pre-school age
child, support his/her healthy emotional, intellectual and physical development and acquiring
child’s basic rules of conduct, fundamental life values and interpersonal relations. Pre-school
education shall create fundamental prerequisites for continuing education. Pre-school
education shall help to equalise inequalities in development among children prior to their
admission to basic education and provide special pedagogical care for children with special
educational needs.
Section 34
Organisation of Pre-school Education
(1) Pre-school education shall be organised for children aged usually between three to
six years of age.
21
Act No. 140/1961 Coll., the Criminal Code, as amended
(2) Head teachers of nursery schools shall set out, acting in agreement with the founder
of the school, the place, deadline and time for applying for the admission of children to preschool
education for the following school year and shall publish such information in a manner
usual at the location of the nursery school.
(3) Head teachers of nursery schools shall decide on the admission of a child to the
nursery school or on specification of a probationary period for the stay of a child the period of
which must not exceed three (3) months.
(4) Priority of admission shall be given to children during the last year prior to their
commencement of compulsory school attendance. Should it not be possible to admit a child
during the last year prior to his/her compulsory school attendance due to reasons of capacity
the municipality where the child has permanent residence shall ensure that the child in
question shall be admitted to another nursery school.
(5) When admitting children to pre-school education the conditions stipulated by a
special legal regulation22
must be adhered to.
(6) Head teachers of nursery schools shall decide on the admission of disabled children
on the basis of an opinion in writing issued by the school advisory facility or a paediatrician
registering the child in question.
(7) A child may be admitted to pre-school education even during the school year.
Section 35
(1) Head teachers of nursery schools may, after sending in advance notification in
writing to the child’s statutory representative, make a decision on the termination of preschool
education if
a) a child without the excuse of his/her statutory representative does not attend pre-school
education for a period exceeding two weeks;
b) a statutory representative grossly and repeatedly disturbs the operations of the nursery
school;
c) termination has been recommended in the course a of probationary period by a
paediatrician or the school advisory facility; or
d) a statutory representative repeatedly does not pay a fee charged for education at the
nursery school or a fee charged for school meals (Section 123) within a specified period
of time and does not agree with the head teacher on an additional payment date.
(2) The Ministry shall lay down in an implementing legal regulation details on
conditions pertaining to operations of nursery schools, the organisation of pre-school
education, safety and protection of the health of children, provision of meals and other special
care for children.
PART THREE
COMPULSORY SCHOOL ATTENDANCE AND BASIC EDUCATION
22
Section 50 of Act No. 258/2000 Coll.
TITLE I
COMPULSORY SCHOOL ATTENDANCE
Section 36
Satisfying Compulsory School Attendance
(1) School attendance shall be compulsory for a period of nine (9) years, however no
longer than until the end of the school year when a pupil reaches seventeen (17) years of age
(hereinafter referred to as “compulsory school attendance”).
(2) Compulsory school attendance shall apply to citizens of the Czech Republic,
nationals of any other European Union Member States and their family members who reside
in the Czech Republic under a special residence permit23
, and further to other foreign
nationals who have been granted permanent residence in the Czech Republic or temporary
residence on the basis of a long-term visa24
, asylum seekers, and persons enjoying
supplementary protection or who are party to proceedings for granting international
protectionF
) .11
(3) Compulsory school attendance shall start at the beginning of the school year
following the date when a child reaches six (6) years of age, unless he/she is permitted
postponement. A child who reaches six years of age at the period between the beginning of a
relevant school year and the end of the calendar year may be admitted to compulsory school
attendance in the school year concerned if such a child is physically as well as mentally
adequately mature and if his/her statutory representative so requests.
(4) The statutory representative of a child shall be obliged to register the child for
compulsory school attendance from 15th
January until 15th
February of the calendar year
during which the child should begin compulsory school attendance.
(5) A pupil shall satisfy his/her compulsory school attendance at the basic school
established by a municipality or a union of municipalities located in the school district
(Section 178 (2)) where the pupil has permanent residence (hereinafter referred to as the
“local school”) unless the statutory representative selects for the pupil a school other than the
local school. Should the child be admitted to a school to other than the local school the head
teacher of such school shall notify the head teacher of the local school of this fact not later
than by the end of March of the calendar year when the child concerned should start
compulsory school attendance.
(6) A pupil placed in a school facility for institutional education or protective education
or in a school facility for preventative educational care shall satisfy compulsory school
attendance at the basic school established within the school facility or at the basic school
established by a municipality or a union of municipalities located in the school district where
the relevant school facility has its seat or any other school established by the state, a region, a
municipality or a union of municipalities.
(7) Head teachers of local schools shall be obliged to preferentially admit pupils who
have permanent residence in the relevant school district and pupils placed in this district at the
23
Title IV a of Act No. 326/1999 Coll., as amended
24
Section 30 and following and Title IV of Act No. 326/1999 Coll., as amended
school facility for the execution of institutional education or protective education or in a
school facility for preventative educational care, up to the permitted number of pupils
specified in the Register of Educational Facilities.
Section 37
Postponement of Compulsory School Attendance
(1) If a child is not after having reached six (6) years of age adequately physically or
mentally mature and if the child’s statutory representative so applies in writing, the head
teacher shall postpone the beginning of compulsory school attendance by one (1) school year
if such an application is supported by a recommending assessment from the relevant school
advisory facility or a paediatrician. The beginning of compulsory school attendance may be
postponed to, at the latest, the beginning of the school year when the child concerned reaches
eight (8) years of age.
(2) In registering for the first grade the basic school shall provide a statutory
representative with information on the option to postpone compulsory school attendance.
(3) Should a pupil show during the first year of his/her compulsory school attendance
insufficient physical or mental maturity to be able to satisfy compulsory school attendance the
head teacher may, with the consent of the statutory representative, additionally postpone for
such a pupil the beginning of compulsory school attendance until the following school year.
(4) Should the head teacher decide on the postponement of compulsory school
attendance under sub-section 1 or 3 he/she at the same time shall recommend to the statutory
representative education of the child concerned in a preparatory class of the basic school or in
the last grade of a nursery school if it can be assumed that such education shall balance the
child’s development.
Section 38
Satisfying Compulsory School Attendance Abroad or at a Foreign School in the Czech
Republic
(1) A pupil may also satisfy compulsory school attendance
a) at a school outside the Czech Republic;
b) at a school established at the embassy or consulate of the Czech Republic;
c) at a school established in the Czech Republic by a legal person with a registered seat
outside the Czech Republic or by a natural person who is a foreign national, and at a
school not included in the Register of Educational Facilities but where the Minister of
Education, Youth and Sports has permitted compulsory school attendance.
(2) If a pupil may not satisfy his/her compulsory school attendance abroad in a manner
corresponding to sub-section 1 (a) or (b) such a pupil shall satisfy compulsory school
attendance in the form of individual tuition.
(3) A pupil who satisfies compulsory school attendance in the manner set out in subsection
1 or 2 shall be at the same time a pupil of the local school or any other school
included in the Register of Educational Facilities and which has been selected by his/her
statutory representative.
(4) The pupil’s statutory representative shall be obliged to notify the head teacher of the
school laid down in sub-section 3 of the presumed period of time during which the pupil shall
satisfy his/her compulsory school attendance in the manner set out in sub-section 1 or 2, or
shall provide the address of the school abroad. The pupil’s statutory representative shall be
obliged to register the pupil at the school set out in sub-section 1 (a) or (b) not later than
within two (2) weeks of the pupil’s arrival in the country of residence.
(5) Pupils who satisfy their compulsory school attendance at a school set out in
subsection 1 (a) or (c) and in the manner laid down in sub-section 2 shall take examinations in
selected subjects at the school set out in sub-section 3 or at a school established at an embassy
or consulate of the Czech Republic.
(6) The provisions of sub-sections 3 through 5 shall not apply to nationals of any other
European Union Member State or their family members who reside in the Czech Republic on
the basis of a temporary residence permit or other foreign nationals who have been granted
temporary residence in the Czech Republic on the basis of a long-term visa if they satisfy
their compulsory school attendance at a school set out in sub-section 1 (c).
(7) The Ministry shall lay down in an implementing legal regulation the list of subjects,
the manner, content, details and conditions upon which examinations under sub-section 5
shall be taken, conditions upon which textbooks and teaching texts shall be provided to pupils
who satisfy compulsory school attendance under sub-section 1, and conditions for the
inclusion of such pupils into the relevant grades of basic education.
Section 38
Satisfying Compulsory School Attendance at Secondary School
(1) A pupil who has been during his/her compulsory school attendance admitted to
secondary education shall continue compulsory school attendance at the relevant secondary
school.
(2) Upon the request of the pupil’s statutory representative or after agreement with such
a representative the head teacher of the secondary school where the pupil satisfies compulsory
school attendance shall transfer the pupil in question to the appropriate grade of the local
basic school or to any other basic school selected by the pupil’s statutory representative with
the consent of the head teacher of the school in question.
Alternative Ways of Satisfying Compulsory School Attendance
Section 40
Other Alternatives of Satisfying Compulsory School Attendance
Other manners of satisfying compulsory school attendance shall be understood to be
a) individual tuition carried out without regular participation in school lessons (hereinafter
referred to as “individual tuition”);
b) education of pupils suffering from serious mental disability.
Section 41
Individual Tuition
(1) The head teacher of a school where a pupil has been admitted for compulsory school
attendance shall decide on permitting individual tuition of the pupil concerned upon an
application in writing filed by the pupil’s statutory representative. Individual tuition may be
permitted only for the pupil attending the first level (primary level) of basic school.
(2) An application filed by the pupil’s statutory representative must contain the
following data:
a) the name and surname, birth identification number and permanent place of residence of
the pupil;
b) the period, grade or term when the pupil should be educated individually;
c) reasons justifying individual education of the pupil;
d) the description of space, material and technical equipment for education and conditions
for the protection of health of the pupil;
e) documents certifying education achieved by the person who shall individually teach the
pupil;
f) the list of textbooks and teaching texts to be used in individual tuition unless these are
textbooks listed in Section 27 (1);
g) other details affecting the course of education of the pupil;
h) the opinion of the school advisory facility.
(3) The head teacher shall permit individual tuition if
a) individual tuition is justified by serious reasons;
b) sufficient conditions for individual tuition, in particular material conditions and
conditions of protection of the pupil’s health, are ensured;
c) the person who will teach the pupil has acquired at least secondary education completed
by a school-leaving examination;
d) adequate textbooks and teaching texts under which the pupil is to be taught are
available.
(5) Should it not be possible to evaluate the pupil being educated individually at the end
of the relevant term the head teacher shall specify an additional term for his/her evaluation in
order that evaluation shall be completed not later than within two (2) months of the end of the
relevant term.
(6) If the statutory representative has some doubts about the correctness of the pupil’s
evaluation he/she may, not later that within eight (8) days of the date of examinations, request
the head teacher in writing to re-examine the pupil. If an examiner of the pupil was the head
teacher him/herself the statutory representative shall contact the Regional Authority. If the
head teacher or Regional Authority agrees to the request a re-examination of the pupil by the
Examination Board shall be ordered.
(7) The head teacher shall refuse permission for individual tuition
a) if sufficient conditions for education, in particular material and personnel conditions
and conditions for the protection of the pupil’s health are not ensured;
b) if the statutory representative does not meet conditions of individual tuition stipulated
herein;
c) if the pupil failed examinations at the end of the relevant term;
d) if the pupil may not be evaluated in the manner laid down in sub-sections 4 or 5; or
e) upon the request of the statutory representative.
(8) The head teacher shall decide on refusing individual tuition for the pupil not later
than thirty (30) days from the commencement of proceedings and at the same time he/she
shall include the pupil into the relevant grade of the basic school. An appeal against a decision
made by the head teacher on refusing individual tuition for the pupil shall not have the effect
of suspending the enforcement of the decision.
(9) Expenses incurred in individual tuition shall be covered by the statutory
representative of the pupil with the exception of textbooks and basic school equipment and
stationary under Section 27 (3) and (6), special textbooks and special didactical and
compensatory teaching aids under Section 16 (7), and expenses on activities of the school to
which the pupil was admitted to satisfy compulsory school attendance.
Section 42
Education of Pupils Suffering from Serious Mental Disability
The Regional Authority with jurisdiction at the place of permanent residence of a child
suffering from serious mental disability shall, with the consent of the child’s statutory
representative, determine the manner of education corresponding to the mental and physical
capabilities of the child and such decision shall be supported by the recommendatory
assessment of a medical specialist and the school advisory facility. At the same time the
Regional Authority shall ensure adequate assistance in educating the child, in particular it
shall provide pedagogical and methodological help. If the mental and physical capabilities of
the child change the Regional Authority shall adjust the manner of education correspondingly.
Compulsory School Attendance Completion
Section 43
A pupil shall accomplish compulsory school attendance by completing the period of
school lessons held in the school year during which he/she should complete the last year of
his/her compulsory school attendance.
TITLE II
BASIC EDUCATION
Section 44
Goals of Basic Education
Through basic education pupils shall acquire necessary learning strategies on the basis
of which they should be motivated for life-long learning, learn how to think creatively and
solve problems, effectively communicate and cooperate, protect their physical and mental
health, creative values and the environment, learn how to be considerate and tolerant towards
other people, different cultures and spiritual values, to recognise their abilities and real
possibilities and to apply these together with knowledge and skills acquired in deciding on
their life path and professional career.
Section 45
Levels of Education
(1) A pupil shall acquire the level of basic education through successful completion of
the educational programme of basic education at a basic school, at the lower secondary level
of six or eight-year secondary general schools (gymnazium), or in the corresponding level of
the eight-year educational programme at a conservatory. The level of basic education shall be
also acquired after completing compulsory school education through successful completion of
the course for acquiring basic education organised at basic or secondary schools (Section 55
(3)).
(2) A pupil shall acquire the level of basic education by completing the educational
programme of basic education at a special basic school.
Section 46
Organisation of Basic Education
(1) The head teacher shall determine the place and time for registration of pupils to the
first grade of basic education in compliance with Section 36 (4) and shall announce it in a
usual manner at the location of the school. The head teacher shall decide on admission to
basic education upon conditions stipulated in Section 36.
(2) Basic education at basic schools shall consist of nine (9) grades and shall be divided
into a first level (primary education) and a second level (lower secondary education) . The
first level shall consist of the first five grades and the second level shall be from the sixth to
ninth grades. In locations where there are not conditions for establishing all nine (9) grades at
basic school, basic school not having all grades may be established.
(3) Basic education for disabled pupils who attend classes or schools with adjusted
educational programmes may, upon the prior consent of the Ministry, have ten (10) grades.
The first level shall consist of the first up to the sixth grade, whilst the second level shall
consist of the seventh up to the tenth grade.
Section 47
Preparatory Classes of Basic School
(1) A municipality, a union of municipalities or a region may, with the prior consent of
the Regional Authority, establish preparatory classes of basic schools to be attended by
children, during the last year prior to their commencement of compulsory school attendance,
who are socially disadvantaged and where there is a presumption that their inclusion in such a
preparatory class may balance out their development. A preparatory class may be established
if there are at least seven (7) children.
(2) The head teacher shall decide on the inclusion of pupils in a preparatory class upon
the request of the child’s statutory representative and upon a recommendation in writing
issued by the school advisory facility. The content of education in a preparatory class shall be
an integral part of the School Educational Programme.
Section 48
Education of Pupils Suffering from Serious Mental Disability, with Multiple Defects and
Autism
Pupils suffering from serious mental disability, pupils with multiple defects, and autistic
pupils may be educated at special basic schools with the prior consent of their statutory
representative and on the basis of a recommendation in writing issued by a medical specialist
and the relevant school advisory facility.
Course of Basic Education
Section 49
(1) The head teacher of a school where a pupil requests to be educated shall decide on
the transfer of the pupil of a basic school to any other basic school upon the request of the
pupil’s statutory representative. Should the head teacher decide to grant the request for a
transfer, he/she shall inform, without any undue delay, the head teacher of the school to which
the pupil concerned should be transferred. The head teacher of the school from which the
pupil should be transferred shall deliver copies of documentation from the School Register
concerning the pupil to the head teacher of the school in question within five (5) working days
after he/she receives the information that the pupil has been admitted to the relevant school.
(2) A head teacher may transfer a pupil to the educational programme of basic
education for disabled pupils or to the educational programme of a special basic school upon a
recommendation in writing issued by a medical specialist or the school advisory facility,
however only after the prior written consent of the pupil’s statutory representative. The head
teacher shall be obliged to provide the pupil’s statutory representative with information on
differences in educational programmes and organisational changes which could occur in
relation to the transfer to a different educational programme.
(3) In transferring or moving a pupil under sub-sections 1 and 2 the basic school to
which the pupil has been transferred or moved shall create conditions for equalising
differences in knowledge of the pupil resulting from the differences in school educational
programmes.
Section 50
(1) A pupil’s statutory representative shall be obliged to justify reasons for the pupil’s
absence from school lessons not later than within three (3) calendar days of the beginning of
the pupil’s absence. The conditions upon which a pupil shall be excused from school lessons
and justification for a pupil’s absence from school lessons shall be laid down in the school
Rules of Order.
(2) The head teacher may, on the basis of the health conditions of the pupil or other
serious reasons, excuse a pupil, upon the request of the pupil’s statutory representative,
partially or fully from some subjects; he/she, at the same time shall determine a
supplementary manner of educating the pupil at the time when the subject in question is being
taught. With regard to physical training the head teacher shall excuse a pupil from such
lessons upon a recommendation in writing issued by the paediatrician or a medical specialist.
A pupil may be excused from the first or last school lesson of a school day with the prior
consent of the statutory representative without any need to compensate for the lesson.
(3) For a pupil who will not be able, due to his/her health condition, attend school
lessons for a period exceeding two (2) months, the head teacher shall specify such manner of
education which corresponds to the possibilities of the pupil, or the pupil may be permitted
education under an individual educational plan pursuant to Section 18. The pupil’s statutory
representative shall be obliged to create conditions adequate to the determined education.
Evaluation of Pupils` Results of Education
Section 51
(1) A pupil shall be every term issued a school report. A pupil may be issued for the
first term instead of the school report an extract from the school report.
(2) The evaluation of results of education of a pupil included in a school report shall be
expressed by a classifying grade (hereinafter referred to as “classification”), verbally, or by
combination of both. The head teacher shall decide on the manner of evaluation with the
consent of the School Board.
(3) The school shall transfer verbal evaluation into classification or classification into
verbal evaluation in the event that the pupil shall transfer to a school which uses a different
evaluation. This shall be done upon the request of the school concerned or the pupil’s
statutory representative. For the purpose of enrolment proceedings for secondary education a
school evaluating verbally shall transcript verbal evaluation into classification.
(4) With regard to a pupil with a learning disability the head teacher shall decide on
using verbal evaluation upon the request of the pupil’s statutory representative. The
educational results of pupils attending special basic schools shall be evaluated verbally.
(5) A school shall issue to its pupil in the last year of compulsory school attendance a
final evaluation stating how the pupil concerned has achieved the educational goals stipulated
in Section 44. In the fifth and seventh grades of basic education the school shall issue to a
pupil who has decided to apply for admission to a secondary school a final evaluation.
Section 52
(1) A pupil who, at the end of the second term, has succeeded in all compulsory
subjects specified by the School Educational Programme with the exception of subjects
focusing only on educational care listed in the Framework Educational Programme and
subjects from which the pupil has been excused, shall proceed to the upper grade. A pupil of
the first level of basic school, who within the first level repeated a grade, and a pupil of the
second level of basic school who within the second level repeated a grade, regardless of the
results of such a pupil, shall proceed to the upper grade.
(2) If a pupil cannot be evaluated at the end of the first term the head teacher shall
determine for his/her evaluation an alternative date so that the evaluation of the first term is
completed not later than within two (2) months after completion of the first term. If it is not
possible to carry out evaluation on the alternative date the pupil shall not be evaluated for the
first term.
(3) It a pupil cannot be evaluated at the end of the second term the head teacher shall
determine for his/her evaluation an alternative date so that the evaluation of the second term is
completed not later than by the end of September of the following school year. During
September until he/she is evaluated the pupil shall attend the nearest upper grade, or he/she
shall repeat the ninth grade.
(4) If the pupil’s statutory representative is in doubt as to the correctness of the pupil’s
evaluation at the end of the first or second term he/she may within three (3) working days of
the date on which he/she was provably informed of the results of evaluation, however not
later than within three (3) working days from the date of school report issuance, request the
head teacher to have the pupil re-examined by an Examination Board. If the relevant subject
was taught by the head teacher him/herself the pupil’s statutory representative may contact the
Regional Authority. The re-examination by the Examination Board shall be held not later than
within fourteen (14) days of the delivery of the request or on the date agreed with by the
pupil’s statutory representative.
(5) A pupil satisfying compulsory school education shall repeat the grade if he/she
failed at the end of the second grade or could not be evaluated. This provision shall not apply
to a pupil who has already repeated the same grade at the same school. Upon the request of
the pupil’s statutory representative the head teacher may permit the pupil to repeat the grade
only on the basis of serious health reasons.
(6) The head teacher may permit a pupil who has completed compulsory school
attendance and at the end of the second term failed, or could not be evaluated, to repeat the
grade, upon the request of the pupil’s statutory representative after assessing study results to
date and reasons stated in the application.
Section 53
(1) Pupils of the ninth grade and pupils who have not yet repeated a grade within a
given level of basic school, who at the end of the second term failed a maximum of two
subjects with the exception of subjects focused merely on educational care, may resit the
examinations.
(2) Examinations shall be resit not later than by the end of the relevant school year on
the date determined by the head teacher. A pupil may resit in one day only one examination;
such examinations shall be taken in front of an Examination Board.
(3) A pupil who does not pass successfully the repeat examination or does not
participate in it, shall have failed. The head teacher may, upon the serious grounds, determine
an alternative date for a repeat examination not later than on 15th
September of the following
school year. Until this examination the pupil concerned shall be included in the nearest higher
grade or he/she shall again attend the ninth grade.
(4) In well-justified cases the Regional Authority may decide on a repeat examination
and examination by an Examination Board under Section 52 (4) at a different basic school. A
school inspector shall be present at such examination upon the request of the relevant
Regional Authority.
Completion of Basic Education
Section 54
(1) The document proving the completion of basic education shall be a school report on
the successful completion of the ninth grade or the tenth grade of basic education, a school
report proving successful completion of the second grade of a sixth-year secondary general
school (gymnazium), the fourth grade of an eight-year secondary general school
(gymnazium) or the eight-year educational programme of a conservatory, or a school report
issued after successful completion of the course for achieving basic education. These school
reports are issued with a certification proving the acquired level of basic education.
(2) A pupil who has successfully completed basic education or a pupil who has
completed compulsory school attendance and shall not continue basic education shall cease to
be a pupil of the school on 30 June of the relevant school year. A pupil who completed
compulsory school attendance and shall resit an examination or shall be evaluated on an
alternative date shall be a pupil of the school until he/she takes the examinations in question,
unless he/she has been permitted to repeat the grade. A pupil who has been admitted to a
secondary school shall be considered a pupil of the basic school until 31 August of the
relevant school year.
Section 55
(1) A pupil who, after completing compulsory school attendance, has not acquired basic
education may after satisfying conditions stipulated herein and upon the request of the pupil’s
statutory representative continue basic education, however not longer than by the end of the
school year in which the pupil reaches eighteen (18) years of age.
(2) The head teacher may, in exceptional cases, permit a disabled pupil to continue
basic education until the end of the school year in which the pupil concerned reaches
twenty (20) years of age, and in the case of pupils being educated under Section 16 (8),
second sentence and Section 48, with the consent of the founder until the end of the
school year in which the pupil concerned reaches twenty six (26) years of age. In such
cases, taking into account preparation for a profession or working activities, the head
teacher shall cooperate with the relevant Labour OfficeC)
.
(3) Basic and secondary schools may, after discussing the issue with the founder and
the Regional Authority and in compliance with the Framework Educational Programme of
basic education, organise a course of basic education for persons who have not acquired basic
education.
Section 56
The Ministry shall lay down in an implementing legal regulation the conditions for
establishing the post of teacher’s assistant and details of his/her activities, the basic content of
education as well as conditions upon which education in preparatory classes may be organised
and the description of organisation of the course of basic education and of evaluating the
results of education of pupils and details of the evaluation
PART FOUR
SECONDARY EDUCATION
TITLE I
GOALS AND LEVELS OF SECONDARY EDUCATION, ADMISSION TO EDUCATION,
ITS ORGANISATION AND COURSE
Section 57
Goals of Secondary Education
Secondary education shall develop knowledge, skills, abilities, attitudes and values
attained within basic education and important for the personal development of an individual.
It shall provide pupils in terms of content a broader general education or vocational education
connected with general education and shall strengthen their value system. Secondary
education shall further create preconditions for fair personal and civil life, the independent
acquisition of information and life-long learning, the continuation of education and
preparation for carrying out a profession or work activities.
Section 58
Levels of Secondary Education
(1) Through successful completion of the relevant educational programme of secondary
education the following levels of education shall be acquired:
a) secondary education;
b) secondary education completed by attaining an apprenticeship certificate;
c) secondary education completed by a school-leaving examination.
(2) A pupil shall acquire secondary education through successful completion of an
educational programme lasting for one (1) or two (2) years and attended in the form of day
education.
(3) A pupil shall acquire secondary education completed by attaining an apprenticeship
certificate through successful completion of an educational programme lasting for two (2) or
three (3) years and attended in the form of day education, or an educational programme of
shortened studies for acquiring secondary education completed by attaining an apprenticeship
certificate (Section 84).
(4) A pupil shall acquire secondary education completed by a school-leaving
examination through successful completion of educational programmes of a six-year or eightyear
secondary general schools (gymnazium), the educational programme lasting for four (4)
years in the form of day education, the educational programme of additional studies (Section
83) lasting for a period of two (2) years in the form of day education or the educational
programme of shortened studies for acquiring secondary education completed by a schoolleaving
examination (Section 85).
(5) The Government shall lay down in its Regulation areas of education within which
secondary education, secondary education completed by attaining an apprenticeship
certificate, secondary education completed by a school-leaving examination may be acquired.
The Regulation shall also lay down their continuation in apprenticeship branches and study
areas under previous legal regulations and the number of pupils in a group under one teacher
in vocational training.
Admission to Education at Secondary Schools
Section 59
Conditions of Admission to Education at Secondary Schools
(1) Applicants who have completed compulsory school attendance or successfully
completed basic education prior to finishing compulsory school attendance, and who within
enrolment proceedings have met all conditions upon which they may be admitted by proving
adequate abilities, knowledge, interests and health conditions, may be admitted to education at
a secondary school unless otherwise stipulated herein.
(2) The head teacher of a secondary school shall decide on admission of applicants for
education at the secondary school.
Section 60
Admission to the First Grade of Education at Secondary Schools
(1) A head teacher shall be obliged to announce at least one round of enrolment
proceedings to the first grade of education at the secondary school.
(2) An applicant or the statutory representative of a minor applicant shall submit his/her
application for education at the secondary school to the head teacher of the school where the
applicant satisfies his/her compulsory school attendance, in all other cases to the head teacher
of the secondary school on the official form and within the term specified by the
implementing legal regulation. An application submitted by a minor applicant must contain
his/her statement of approval. Only one application may be filed within the first round of
enrolment proceedings to secondary schools.
(3) The head teacher of the secondary school shall invite applicants for enrolment
proceedings within the time specified by an implementing legal regulation. With regard to
enrolment proceedings the head teacher may decide on holding an admission examination the
content and form of which shall be in compliance with the Framework Educational
Programme of basic education. Should the head teacher decide not to organise an admission
examination he/she shall inform the applicants or the statutory representatives of minor
applicants of such fact without any undue delay.
(4) The head teacher shall specify uniform criteria of enrolment proceedings for all
applicants to be admitted in individual rounds of enrolment proceedings to the relevant
education area as well as the forms of education for a given school year, and shall publish
them not later than by the end of March. The head teacher shall assess applicants within the
enrolment proceedings according to:
a) the knowledge of the applicant evidenced by evaluation in the school report on previous
education and further according to the final evaluation of the applicant of his/her basic
education, if such evaluation has been issued to the applicant;
b) the results of the admission examination or any examinations proving the relevant
abilities of the applicant, if applicable, and
c) other facts proving adequate abilities, knowledge and interests of the applicant.
(5) A prerequisite for admitting an applicant to education at a secondary school shall be
also the satisfaction of health conditions for selected areas of education.
(6) If more applicants than the specified number of pupils to be admitted satisfy the
conditions of the enrolment proceedings their order of result during the enrolment
proceedings evaluation shall be decisive.
(7) The head teacher shall send the decision on admission or non-admission to an
applicant or to the statutory representative of a minor applicant within seven (7) days of the
date of the admission examination or from the date on which the relevant decision was made
if an admission examination was not taken, however not earlier than on 20th
April.
(8) The head teacher may, after closing the first round of enrolment proceedings
announce another round of enrolment proceedings to reach the expected number of pupils,
however the enrolment proceedings must be closed not later than by the end of August.
Applications shall be filed directly with the head teacher of the relevant school.
(9) Should the head teacher announce another round of enrolment proceedings he/she
shall, without undue delay, notify the Regional Authority the number of unoccupied places in
individual areas and forms of education. The Regional Authority shall forthwith publish the
overview of secondary schools including data on the number of unoccupied places in
individual educational areas and forms of educations also in a manner enabling remote access.
(10) If an applicant has been admitted to education at a secondary school in one of the
rounds of the enrolment proceedings he/she may not be admitted to education at any other
secondary school in further rounds of enrolment proceedings.
(11) An appeal against a decision made by the head teacher of a school established by
the state, a region, a municipality or a union of municipalities on non-admission of an
applicant to education may be filed within eight (8) days of the delivery of the decision in
question.
Section 61
Enrolment Proceedings to the First Grade of the Lower Level and to the First Grade of
the Upper Level of Six-Year or Eight-Year Secondary General Schools (Gymnazium)
(1) Education in six-year and eight-year secondary general schools shall be divided
into a lower lever and an upper level. The lower level shall consist of the first two grades of
six-year secondary general schools or the first four grades of eight-year secondary general
schools. The upper level shall comprise of the last four grades of six-year and eight-year
secondary general schools.
(2) Applicants who shall in the given school year successfully complete the seventh
grade of a basic school may be admitted to the first grade of the lower level of six-year
secondary general schools, and applicants who shall in the given school year successfully
complete the fifth grade of a basic school may be admitted to the first grade of the lower level
of eight-year secondary general schools.
(3) Applicants who have successfully completed the lower level of six-year secondary
general schools or of eight-year secondary general schools and other applicants who have
satisfied their compulsory school attendance or completed basic education prior to the
satisfaction of their compulsory school attendance may be admitted to the first grade of the
upper level of secondary general schools.
(4) An applicant who applies for admission to the first grade of the lower or upper level
of a secondary general school may file his/her application only with one six-year or eight-year
secondary general school. An applicant who applies for education at the upper level of a
secondary general school may simultaneously file his/her application for education at any
other secondary school under Section 60.
(5) With regard to enrolment proceedings to the lower or upper level of a secondary
general school Section 60 shall be followed accordingly.
Section 62
Admission to Branches Requiring an Examination Proving Certain Abilities
(1) With regard to enrolment proceedings for an area of education where an examination
proving certain abilities is required by the Framework Educational Programme, the head
teacher of the school shall announce the enrolment proceedings within the time specified by
an implementing legal regulation.
(2) After the results of the examination proving the particular abilities are evaluated the
head teacher shall send to the applicant or to the statutory representative of a minor applicant,
notification of the results of such examination, however not later than on 20th
January. If the
applicant has passed the examination proving his/her particular abilities he/she shall continue
in the enrolment proceedings. The head teacher shall send the decision on admission or nonadmission
within seven (7) days of the decision was issued, however not later than on 15th
February.
(3) By filing an application under sub-section 1 the right of the applicant to file his/her
application to education at a secondary school under Section 60 shall not be prejudiced.
(4) With regard to this type of enrolment proceedings under this provision Section 60,
with the exception of sub-section 7, shall be followed accordingly.
Section 63
Admission to the Upper Grade of Education at Secondary Schools
A head teacher may admit an applicant to a grade higher than the first grade of the
secondary school. After assessing the documents of the applicant proving his/her previous
education the head teacher may within the enrolment proceedings determine as a condition
upon which the applicant may be admitted the taking of an examination, and specify its
content, date, form and evaluating criteria in compliance with the Framework Educational
Programme of the relevant area of education. Provided that the head teacher decides on the
admission of an applicant he/she shall also specify the grade to which the applicant shall be
assigned.
Section 64
The Ministry shall lay down in an implementing legal provision details, procedures and
deadlines for filing an application for education at a secondary school including documents
forming an integral part thereof, further details on organisation, procedures and the course of
the enrolment proceedings, including the dates for holding admission examinations and
examinations proving particular abilities of an applicant and on admitting applicants to a
grade higher than the first grade.
Organisation of Secondary Education
Section 65
(1) Education at a secondary school shall be divided into theoretical teaching and
practical education, and education outside school lessons, whilst practical education shall be
divided into professional training, practicum, apprenticeship practice, vocational training or
artistic performance and sport preparation, in accordance with individual areas of education.
Vocational training or artistic performance and sport preparation may be held also during
school holidays for the period of time specified by the Framework Educational Programme.
(2) Practicum and vocational training shall be held at schools and school facilities or at
the workplaces of natural or legal persons who have been authorised to carry out activities
relating to a given area of education and who have entered into an agreement with the relevant
school specifying the content and scope of vocational training and conditions upon which it
shall be organised.
(3) The provisions of the Labour Code regulating working hours, safety and protection
of health at the work place, care for employees and working conditions for women and
children and other regulations on safety and protection of health during work activities shall
apply to vocational training.
Course of Secondary Education
Section 66
(1) An applicant shall become a pupil of a secondary school on the first day of the
relevant school year or on the date stated in the decision on admission.
(2) During the course of secondary education a pupil shall be allowed to transfer to any
other secondary school, to change his/her area of education, to interrupt his/her education, to
repeat a grade, and shall be entitled to recognition of his/her education to-date under Section
70 upon an application in writing. The consent of the pupil shall be an integral part of the
application filed by the statutory representative of a minor pupil.
(3) A head teacher may permit a pupil to change his/her area of education. With regard
to making a decision on the change of the area of education the head teacher may decide on
an examination which might show the differences in education and specify its content, scope,
date, and evaluation criteria.
(4) The head teacher of the school to which a pupil wishes to be transferred shall decide
on the transfer of the pupil concerned. With regard to such decision-making process in
particular if the transfer to a different area of education is considered, the head teacher may
decide on an examination which might show the differences in education and shall specify its
content, scope, date, and evaluation criteria. A pupil shall cease to be a pupil of the school
from which he/she has decided to transfer on the date preceding the date of the admission to
another school. The head teacher shall inform the head teacher of the school which the pupil
has left of the admission of the pupil without undue delay. The head teacher of the school
from which the pupil has transferred shall send, within five (5) working days after he/she
receives information on the admission of the pupil to the other school, to the head teacher of
the school in question a copy of documentation on the pupil from the School Register.
(5) The head teacher may interrupt, for a period of not longer than two (2) years, the
education of a pupil who has completed compulsory school attendance. For such a time limit
the pupil shall cease to be a pupil of the relevant school. After the specified time limit of
interruption of education elapses the pupil shall continue to study in the same grade in which
he/she interrupted his/her school attendance or, with the prior consent of the head teacher, in a
higher grade if he/she proves corresponding knowledge. Upon request the head teacher shall
discontinue the interruption of education even before the specified time limit of interruption
elapses unless such discontinuation is prevented by serious reasons.
(6) The head teacher shall be obliged to interrupt the education of a female pupil if she
is pregnant or on maternity leave, provided that the education is vocational training and is
organised at workplaces prohibited for pregnant women or work carried out is prohibited for
pregnant women and mothers until the ninth month after giving birth, or, if on the basis of a
medical assessment, school lessons endanger pregnancy of the female pupil concerned.
(7) The head teacher may permit a pupil who has satisfied compulsory school
attendance, and who at the end of the second term failed or could not be evaluated, to repeat a
grade after assessing all his/her current study results and reasons stated in the application; a
pupil who is still satisfying compulsory school attendance shall in such cases always repeat
the grade.
Section 67
(1) A pupil of legal age or the statutory representative of a minor pupil shall be obliged
to justify reasons for absence of the pupil from school lessons not later than within three (3)
calendar days of the beginning of his/her absence.
(2) The head teacher may, for serious reasons, in particular health conditions, excuse a
pupil, upon request, partially or fully from lessons of a subject; a disabled pupil may be also
be excused from carrying out certain activities or the head teacher may decide that such a
pupil shall not be evaluated in some subjects. A pupil may not be excused from a subject of
crucial importance for professional focus of a graduate. With regard to physical training the
head teacher shall excuse a pupil from lessons upon the recommendation in writing of a
physician registering the pupil concerned, or a medical specialist. A pupil shall not be
evaluated in the subject for which he/she has been fully excused.
(3) Conditions upon which a pupil’s absence is excused or upon which a pupil is
excused from school lessons shall be laid down in the School Rules of Order.
Section 68
(1) A pupil who has satisfied compulsory school attendance may discontinue
education on the basis of a written notification duly serviced to the head teacher of the
relevant school. Consent of the statutory representative of a minor pupil shall be an integral
part of such notification. A pupil shall cease to be a pupil of the secondary school on the day
following the date of delivery of such notification to the head teacher of the relevant school,
or on the date stated in the notification on discontinuation of education if such a date is later.
(2) Should a pupil who has already finished compulsory school attendance not attend
school lessons for a period of at least five (5) days and his/her absence has not been duly
justified, the head teacher shall request in writing the pupil, or the statutory representative of
the pupil if he/she is minor, to justify, without undue delay, the pupil’s absence. At the same
time he/she shall note that otherwise the pupil in question shall be considered to be a pupil
who has discontinued his/her education. A pupil who does not start to attend school lessons
within ten (10) days of the delivery of the request or who does not justify the reasons for
his/her absence shall be considered to be a pupil who has discontinued his/her education on
the last date of the time limit specified. He/she shall cease to be a pupil of the school on that
day.
(3) A pupil who after completing his/her compulsory school attendance has not
proceeded to a higher grade shall cease to be a pupil of the school on the last day of the
relevant school year or after such a date on the day following the date when he/she failed a
repeat examination or failed the evaluation on the alternative date, or on the day following the
date when the decision by which the pupil was not permitted to repeat the grade came into
legal force.
Section 69
Evaluation of Educational Results of Pupils
(1) A pupil shall be issued a school report each term . A pupil may be issued an extract
from the school report for the first term instead of the school report.
(2) Evaluation of results of the education of a pupil included in a school report shall be
expressed by a classifying grade (hereinafter referred to as “classification”), verbally or by a
combination of both. The head teacher shall decide on the manner of evaluation with the
consent of the School Board.
(3) The school shall transfer verbal evaluation into classification or classification into
verbal evaluation in the event that the pupil transfers to a school which uses different
evaluation. This shall be done upon the request of the school concerned or the request of the
pupil of legal age or the pupil’s statutory representative in the case of a minor pupil.
(4) A pupil who at the end of the second term has succeeded in all compulsory subjects
specified by the School Educational Programme with the exception of subjects from which
pupils are not evaluated shall proceed to a higher grade. A pupil shall be evaluated in
vocational subjects specified in the Framework Educational Programme in artistic branches
after passing an examination in front of an Examination Board.
.
(5) If a pupil cannot be evaluated at the end of the first term the head teacher shall
determine for his/her evaluation an alternative date so that the evaluation of the first term is
completed not later than within two months of completion of the first term. If it is not possible
to carry out evaluation on the alternative date the pupil shall not be evaluated for the first
term.
(6) If a pupil cannot be evaluated at the end of the second term the head teacher shall
determine for his/her evaluation an alternative date so that the evaluation of the second term
is completed not later than by the end of September of the following school year. Until the
pupil is evaluated he/she shall attend the next higher grade. If the pupil is not evaluated within
this term he/she shall have failed.
(7) A pupil who at the end of the second grade failed a maximum of two (2)
compulsory subjects or a pupil who failed at the end of the first term a maximum of two (2)
compulsory subjects taught only during the first term shall resit examination from such
subjects no later than by the end of the relevant school year on a date specified by the head
teacher. Repeat examinations shall be examined by an Examination Board
(8) A pupil who has not passed the repeat examination successfully or who has not
taken such examination at all shall have failed. For serious reasons the head teacher may
determine for a pupil an alternative date for a repeat examination, however not later than by
the end of September of the following school year.
(9) If a pupil of legal age or, in the case of a minor, the pupil’s statutory representative
is in doubt about the correctness of the pupil’s evaluation at the end of the first or second term
he/she may within three (3) working days of the date on which he/she was provably informed
of the results of the evaluation, may, however not later than within three (3) working days of
the date of school report issuance, request the head teacher to have the pupil re-examined by
an Examination Board. If the relevant subject was taught by the head teacher him/herself the
pupil or in the case of a minor the pupil’s statutory representative may contact the Regional
Authority. The re-examination by the Examination Board shall take place not later than within
fourteen (14) days of the delivery of the request or on the date agreed with the pupil or minor
pupil’s statutory representative
(10) In well-justified cases the Regional Authority may decide on the taking of a
repeat examination and an examination by the Examination Board under sub-section 9 at
another secondary school. A school inspector shall be present at such examination upon the
request of the relevant Regional Authority.
(11) The provisions of this Section shall also apply accordingly to the evaluation of
education included in other comprehensive parts of the curricula.
Section 70
Recognition of Education Achieved
A head teacher shall recognise comprehensive education achieved by a pupil under
Section 66 if it is justified by a document on such education or by any other provable manner.
The head teacher may recognise the partial education of a pupil if it is justified by a document
confirming such education or by any other provable manner and not more than ten (10) years
have elapsed since its finish; or if a pupil proves the knowledge achieved through such
education in an examination specified by the head teacher. If the head teacher recognises the
education achieved by a pupil he/she shall excuse such a pupil from school lessons and
evaluation within the scope of the recognised education.
Section 71
The Ministry shall lay down in the implementing legal regulation details on
organisation and the course of secondary education, theoretical and practical education and
education outside school lessons, as well as details of the agreement on the content, scope and
conditions of vocational training, details on evaluation of educational results of pupils and its
procedures and conditions upon which previous education shall be recognised.
TITLE II
ACCOMPLISHMENT OF SECONDARY EDUCATION
Manners of Completing Secondary Education
Section 72
(1) Education in educational programmes pertaining to areas of education through
which secondary education may be achieved shall be completed by a final examination. The
document proving that secondary education has been achieved shall be the report on the final
examination.
(2) Education in educational programmes pertaining to areas of education through
which secondary education is completed by attaining an apprenticeship certificate shall be
completed by a final examination. The documents proving that secondary education
accomplished by attaining apprenticeship certificate has been achieved shall be the report on
the final examination and the apprenticeship certificate.
(3) Education in educational programmes pertaining to areas of education through
which secondary education is completed by a school leaving examination shall be completed
by a school leaving examination. The document proving that secondary education completed
by the school-leaving examination has been achieved shall be the report on the school-leaving
examination.
(4) A report on a final examination and a report on a school leaving examination shall
be issued with certification on acquiring the relevant level of education
Section 73
The purpose of a final examination and a school-leaving examination is to verify how
pupils have achieved educational goals laid down in the Framework and School Educational
Programmes in the relevant area of education, in particular to verify the level of key
knowledge, skills, and attitudes of a pupil which are important for his/her further education or
the carrying out of a profession or professional activities.
Final Examination
Section 74
(1) The final examination shall consist,
a) in areas of education in which secondary education is completed by attaining an
apprenticeship certificate, of a written examination and an oral examination as well as a
practical examination on the basis of practicum and vocational training;
b) in areas of education in which secondary education is completed by a practical
examination of vocational subjects, of a theoretical examination taken in vocational
subjects
(2) A pupil may take a final examination if he/she has successfully completed the last
grade of secondary education.
(3) The head teacher shall lay down in compliance with the Framework and School
Educational Programmes topics, the content, form, and concept of examinations and dates
when they are to be held.
(4) Prior to the commencement of an oral examination or a practical examination pupils
shall not attend school lessons for a period of four (4) days before the date specified by the
head teacher of the relevant school.
(5) Final examinations shall be public with the exception of written examinations and
meetings of the Examination Board on the evaluation of a pupil. Practical examinations shall
not be public in cases where it is necessary because of health protection, labour safety and, in
the case of medical examinations, patient’s privacy.
(6) Final examinations shall be held in front of an Examination Board. In the event that
the organisation or length of a written or practical examination excludes the permanent
presence of the Examination Board during the examination itself the Board’s Chair shall
assign a member of the Examination Board who shall be responsible for the due running of
the examination in question.
(7) A Regional Authority shall appoint the Chair of the Examination Board until the
end of February of the relevant school year. Such appointment shall be valid also for repeat
examinations and substitute examinations. The head teacher shall appoint the other members
of the Examinational Board. With regard to areas of education completed by attaining an
apprenticeship certificate the head teacher shall appoint a member of the Examination Board a
practical expert.
(8) The Chair of an Examination Board
a) shall be qualified in the relevant or similar area and has carried out direct pedagogical
activity for at least five (5) years;
b) may not be in a labour-law or similar relation with the school where he/she will chair the
Examination Board;
c) shall not have been in the course of secondary education a teacher of any pupils who are
to take the final examination.
(9) The Chair of an Examination Board
a) shall manage the work carried out by the Examination Board and shall be responsible
for its activities;
b) shall be responsible for the due running of examinations and classification;
c) shall be authorised to exclude a pupil from an examination if the pupil has used
prohibited aids or otherwise grossly disturbed the course of the examination; the Chair
of the Examination Board shall decide on the expulsion of the relevant pupil forthwith;
d) shall notify pupils on evaluation in individual examinations of the final examination.
(10) The Examination Board shall decide on classification of pupils in individual
examinations on the proposal of members of the Examination Board by voting. In the event of
equality of votes the vote of the Chair of the Examination Board shall be decisive.
Section 75
(1) A pupil shall pass a final examination successfully if he/she successfully passes all
examinations which the final examination consists of.
(2) In the event that a pupil failed an examination which was a part of the final
examination he/she may resit the examination, however not more than twice in the case of
each examination. If a pupil who does not sit the examination and duly justifies his/her
absence not later than within three (3) working days from the date of the examination to the
Chair of the Examination Board or does not sit the examination since he/she has not yet
completed the last grade of education he/she shall be entitled to take a substitute examination
within the term specified by the Examination Board. The Chair of the Examination Board
may, in serious cases, waive the fact that the specified term has not been respected. The right
of the pupil to resit an examination shall not be prejudiced by participating in a substitute
examination.
(3) A pupil shall cease to be a pupil of the school on the day following the date when
he/she successfully passed the final examination. If a pupil does not pass the final
examination in the due term he/she shall cease to be a pupil of the school on 30th
June of the
school year when he/she should have completed his/her education. If a pupil has not taken the
examination without there being due justification, or his/her excuse has not been
acknowledged, or he/she was expelled from the examination, such a pupil shall be considered
to be a pupil who has failed.
(4) A final examination may be taken not later than within five (5) years of completion
of the last grade of education.
Section 76
The Ministry shall lay down in an implementing legal regulation details on the concept,
content and course of final examinations, their dates, the subjects which the final examination
shall consist of, the composition of the Examination Board, the manner in which pupils shall
be evaluated, and repeat examinations and examinations to be taken on alternative dates.
School-leaving Examination
Section 77
A school-leaving examination shall consist of common and profile parts. A pupil shall
acquire secondary education completed by a school-leaving examination if he/she has
successfully passed both parts of the school-leaving examination.
Section 78
Common Part of a School-leaving Examination
(1) The common part of a school-leaving examination shall consist of three (3)
examinations, namely the examination of the Czech language, examination of a foreign
language, and the examination of an optional subject.
(2) A pupil shall select a foreign language from the selection specified by an
implementing legal regulation. A pupil may take an examination exclusively in the language
which has been taught at the school where he/she is a pupil.
(3) A pupil shall take an optional examination in mathematics, civic education, natural
and technical education or information-technology education, according to his/her choice. The
school shall ensure that the pupil is able to take examinations in at least two of these subjects.
Such examination shall be laid down in the School Educational Programme.
(4) The examination of the Czech language and the examination of a foreign language
shall be composed of a written part and an oral part. The optional examination shall be a
written examination.
(5) Written examinations of the common part of a school-leaving examination shall not
be public. Participation shall be permitted to a pedagogical worker authorised to set the
written part of examinations (hereinafter referred to as the “authorised teacher”), to the school
examination commissionaire (hereinafter referred to as the “commissionaire”), to the head
teacher of the school and to school inspectors of the Czech School Inspectorate. Other parts of
the examinations shall be public.
(6) A pupil shall take the common part of the school-leaving examination at the school
where he/she is a pupil. A pupil shall take a substitute examination or a repeat examination at
the school specified by the Centre for Gathering Educational Results.
(7) A pupil shall successfully pass the common part of the school-leaving examination
if he/she successfully passes all examinations which are parts of the school-leaving
examination.
Section 79
Profile Part of a School-leaving Examination
(1) The profile part of a school-leaving examination shall consist of three (3)
compulsory examinations. With regard to schools and classes with the language of a national
minority as the language of instruction one of the compulsory examinations shall be an
examination of the language of the relevant national minority.
(2) The head teacher shall specify the selection of subjects of compulsory examinations
in compliance with the Framework Educational Programme and he/she shall further set out
the form, topics, and dates when such examinations are to be taken.
(3) Furthermore, a pupil may take a maximum of four (4) non-compulsory
examinations. A pupil may select non-compulsory examinations from the list set out by the
head teacher and from the list specified by the Ministry. The head teacher, or the Ministry in
the event of non-compulsory examinations set out by the Ministry, shall specify the form,
topics, and dates when non-compulsory examinations are to be taken.
(4) Examinations shall be taken by
a) writing a school-leaving thesis and its defence in front of a School-leaving Examination
Board;
b) oral examinations in front of the School-leaving Examination Board;
c) written examinations;
d) practical examinations; or
e) a combination of two or more forms under letters a) through d).
(5) A pupil shall defend his/her school-leaving thesis and sit the oral examination under
sub-section 4 (a) and (b) after he/she has successfully completed the last grade of their
particular education. A pupil may take the profile part of the school-leaving examination also
in the event that he/she has not been successful in the common part of the school-leaving
examination.
(6) Prior to the commencement of the school-leaving examination pupils shall not
attend school lessons for a period of five (5) teaching days in order to prepare for taking
the school-leaving examination before its date specified by the head teacher of the
relevant schoolD)
.
(7) The profile part of the school-leaving examination shall be public with the exception
of written examinations and meetings of the School-leaving Examination Board concerning
evaluation of the pupil. Practical examinations shall not be public in cases where this is
necessary due to health protection, labour safety and, in the case of medical examinations,
patient’s privacy.
(8) A pupil shall take the profile part of the school-leaving examination at the school at
which he/she is a pupil. A pupil shall take non-compulsory examinations set out by the
Ministry at the school specified by the Centre for Gathering Educational Results.
(9) A pupil shall successfully pass the profile part of a school-leaving examination if
he/she passes all compulsory examinations which are part of it.
Section 80
Bodies Ensuring School-leaving Examinations
(1) The Ministry shall be responsible for preparing and managing school-leaving
examinations in terms of methodology, and for maintaining files, applications and records of
results of school-leaving examinations. The Ministry shall specify the content of examinations
set by the Ministry and shall lay down the manner of and evaluation criteria for schoolleaving
examinations. The Ministry shall issue a certificate on qualifications to perform the
roles of commissionaire and assessor. The Ministry shall be the administrator25
of a Register
of Pupils registered for school-leaving examinations and their birth identification numbers for
the purpose of their identification.
(2) The Ministry shall establish the Centre for Gathering Educational Results. As an
organisational unit of the state the Centre for Gathering Educational Results shall be an
accounting unit. The Centre for Gathering Educational Results shall organise the common
part of school-leaving examinations and examinations set by the Ministry within the profile
part of school-leaving examinations. It shall also publish catalogues and ensure the
professional preparation of pedagogical staff to be able to perform the role of
commissionaires and assessors. Further it shall ensure the production of and shall distribute
the content of school-leaving examinations to Regional Authorities and shall maintain the
Register of Applications and Results of School Leaving Examinations. The Centre for
Gathering Educational Results shall process the data in26
the Register of Pupils registered for
school-leaving examinations and their birth identification numbers for the purpose of their
identification and moreover, shall be administrator of the Register of Pedagogical Staff
authorised to carry out the role of commissionaires and assessors.
(3) Regional Authorities shall create conditions for organising and evaluating the
common part of school-leaving examinations within their respective regions and shall
participate in the organisation of their course, in particular they shall distribute the content of
examinations to schools and appoint Chairs of School-leaving Examination Boards,
commissionaires and assessors. Furthermore, Regional Authorities shall specify schools,
school facilities or other suitable places where examinations set by the Ministry will be
evaluated and shall notify the Centre for Gathering Educational Results of these.
25
Section 4 (1) of Act No. 1001/2000 Coll.
26
Section 4 (k) of Act No. 1001/2000 Coll.
(4) Head teachers shall be responsible for creating conditions enabling the due course of
school-leaving examinations at the relevant school and shall appoint an authorised teacher.
(5) The oral part of the common part and the profile part of school-leaving
examinations shall be examined by the School-leaving Examination Board with the exception
of written examinations and written parts of examinations set by the Ministry. School-leaving
Examination Boards shall be established for each class and branch of education or for more
classes should pupils be educated within the same branch of education. A practical expert
from a university or tertiary professional school may be appointed a member of a Schoolleaving
Examination Board. The provisions of Section 7 (6) through (10) shall apply to
School-leaving Examination Boards accordingly.
(6) Chairs of School-leaving Examination Boards shall be responsible for the due
course of the relevant part of school-leaving examinations examined by the School-leaving
Examination Board.
(7) Commissionaires shall be responsible at schools for the due course of written
examinations and written parts of examinations set by the Ministry.
(8) Authorised teachers shall be responsible for the due course of written examinations
and written parts of examinations set by the Ministry and taken in school classrooms. An
authorised teacher shall be entitled to exclude a pupil from a written examination and written
parts of examinations set by the Ministry if the pupil has used prohibited aids or otherwise
grossly disturbed the course of the examination. An authorised teacher shall decide on the
expulsion of the relevant pupil forthwith.
(9) Assessors shall evaluate written examinations and written parts of examinations set
by the Ministry.
(10) Only a person satisfying the prerequisites laid down in an implementing legal
regulation may perform the duties of a commissionaire, assessor or authorised teacher. In the
case of a commissionaire and an assessor this shall be a person who has received a certificate
to carry out such a role issued by the MinistryD)
.
Section 81
Other Conditions for Organising School-leaving Examinations
(1) A pupil shall take a substitute school-leaving examination or a resit examination
upon an application submitted to the head teacher. The head teacher shall deliver data
provided in applications to the Centre for Gathering Educational Results including the birth
identification numbers of pupils.
(2) If a pupil has failed the common or profile part of the school-leaving examination
he/she may take a resit examination however not more than twice in the case of each
examination. If a pupil does not resit the examination but duly justifies his/her absence to the
head teacher and in all other cases to the Chair of the Examination Board not later than within
three (3) working days of the date of the examination set by the Ministry, he/she shall be
entitled to take a substitute examination. The head teacher or the Chair of the Examination
Board may, in serious cases, waive the fact that the specified term has not been respected. The
right of the pupil to resit examination shall not be prejudiced by participating in the substitute
examination
(3) If a pupil has not taken the examination without due justification, if his/her excuse
has not been acknowledged, or if he/she has been expelled from the examination, such a pupil
shall be considered to be a pupil who has failed.
(4) The head teacher shall issue to a pupil who has passed successfully both parts of the
school-leaving examination a School-leaving Examination Report.
(5) A school-leaving examination may be taken not later than within five (5) years of
accomplishment of the last grade of secondary school.
(6) A pupil who has already achieved secondary education completed by a schoolleaving
examination by passing it hereunder shall not take the common part of the schoolleaving
examination. A pupil who has already acquired secondary education completed
by a school-leaving examination by passing such an examination under previous legal
regulation shall not take the common part of the school-leaving examinationD)
. The head
teacher may acknowledge the profile part of the school-leaving examination which the pupil
concerned passed within his/her previous education if it is comparable in terms of its content
with the profile part of the examination at the school in question.
(7) Pupils of schools and classes taught in the language of a national minority shall be
entitled to take the common as well as the profile part of the school-leaving examination
either in the Czech language or the language of the relevant national minority, with the
exception of the examination of the Czech language which must be taken in Czech.
(8) With the consent of the Ministry, education carried out under educational
programmes in selected classes of eight-year or six-year secondary general schools
(gymnazium) where some subjects are taught in a foreign language, or at schools established
pursuant to an international agreement or with the consent of the Ministry, also in other
educational branches, may be completed in a different manner. Such a school-leaving
examination shall be considered to be a school-leaving examination hereunder if a pupil also
takes an examination in the Czech language within the common part of the school-leaving
examination.
(9) A pupil shall cease to be a pupil of the school on the day following the date when
he/she successfully passed the school-leaving examination. If a pupil has not passed one or
both parts of the school-leaving examination in the due term he/she shall cease to be a pupil of
the school on 30th
June of the school year when he/she should have completed his/her
education.
(10) The Ministry shall lay down in an implementing legal regulation:
a) terms, forms, rules of the course and the manner of evaluation of examinations in the
common part of school-leaving examinations; the list of foreign languages of the
common part of school-leaving examinations, as well as the list of non-compulsory
subjects of the profile part of school-leaving examinations; the period during which
school-leaving examinations may be organised; rules of the course and the manner of
evaluation of examinations within the profile part of school-leaving examinations; rules
for taking repeat and substitute examinations; and conditions specifying the content of
school-leaving examinations;
b) rules for preparing, organising and managing common and profile parts of schoolleaving
examinations, conditions for their course and the evaluation of results and
definition of activities to be carried out by bodies involved in school-leaving
examinations; and preconditions for carrying out the duties of authorised teachers,
assessors and commissionaires, and details on the manner and form of their appointment
and on activities to be performed by School-leaving Examination Boards and the
selection and appointment of their members;
c) rules on the form, manner and deadlines for filing applications; rules on the content,
deadlines, form, and manner for delivering data from applications; rules on the scope,
content, manner and form of maintaining records under Section 80 (1) and (2); and on
the manner of the protection of data contained in the Registers;
d) details on conditions and the manner in which school-leaving examinations of disabled
pupils, pupils disadvantaged in terms of health, and foreign nationals shall be held and
conditions on school-leaving examinations to be taken in a language of a national
minority.
Review of the Course and Results of Final and School-Leaving Examinations
Section 82
(1) Every pupil who has taken a final examination or a part of a school leaving
examination and has been examined by an Examination Board may, within eight (8) days of
the date he/she was informed of the result of the examination, request in writing the relevant
Regional Authority to review the course and results of such examination.
(2) The Regional Authority shall decide on the request within thirty (30) days of the date
of its delivery and shall either change the result of the examination or abolish it and order to
repeat the examination if it ascertains that legal regulations were breached, or that there were
other serious deficiencies which could have affected the due course or result of the
examination. It shall confirm the result of the examination in the opposite case. The Czech
School Inspectorate shall be obliged to cooperate with the Regional Authority when assessing
such application. The examination must be repeated not later than fifteen (15) days from the
date when the decision was issued and must be taken in front of the Examination Board
appointed by the Regional Authority.
(3) Every pupil who has taken a written part of a school-leaving examination set by the
Ministry may request the Ministry in writing within eight (8) days of the date on which he/she
was provided information on the result of such examination to review the result of such
examination. The Ministry shall inform the applicant in writing on the result of the review not
later than within fifteen (15) days of the delivery of the request in question.
(4) Every pupil shall be entitled to get acquainted with all documents concerning them
which are decisive to the results of the examination.
TITLE III
FOLLOW-UP COURSES AND SHORTENED STUDIES FOR ACQUIRING
SECONDARY EDUCATION COMPLETED BY ATTAINING AN APPRENTICESHIP
CERTIFICATE AND SECONDARY EDUCATION COMPLETED BY A SCHOOLLEAVING
EXAMINATION
Section 83
Follow-up Courses
(1) Secondary schools providing secondary education completed by a school-leaving
examination in a given area of education may in such an area organise follow-up courses for
applicants who have acquired secondary education completed by attaining an apprenticeship
certificate in the area similar to the education in question which was studied as a day form of
education for three (3) years. Education shall be organised under an adjusted Framework
Educational Programme for the relevant area of education. The Government shall lay down in
a Regulation how the relevant educational areas link together.
(2) Education within follow-up courses shall last for two (2) years and will be taught in
the day form.
(3) The head teacher may, within enrolment proceedings for follow-up courses, decide
on a compulsory admission examination, the content and form of which shall be specified in
compliance with the common part of the Framework Educational Programmes of those areas
of education which may be followed up by special courses.
(4) Follow-up courses shall be completed by a school-leaving examination and shall be
certified by a School-leaving Examination Report. A pupil who has successfully completed a
follow-up course shall acquire secondary education accomplished by a school-leaving
examination.
(5) The Ministry shall lay down in an implementing legal regulation detailed conditions
according to which follow-up courses shall be organised.
Section 84
Shortened Courses for Acquiring Secondary Education Accomplished by Attaining an
Apprenticeship Certificate
(1) Secondary schools providing secondary education completed by attaining an
apprenticeship certificate in a given area of education may in such area organise shortened
courses for acquiring an apprenticeship certificate for applicants who have acquired secondary
education completed by a school leaving examination. Shortened courses shall last from one
(1) up to one and a half (1.5) years and shall be taught in the day form. The Framework
Educational Programme shall specify the length of the relevant area of education.
(2) The head teacher may, within enrolment proceedings, decide on a compulsory
admission examination, the content and form of which shall be specified in compliance with
the Framework Educational Programme of that area of education in which the applicant
wishes to study.
(3) The Ministry shall lay down in an implementing legal regulation details and
conditions upon which shortened courses for acquiring education completed by attaining an
apprenticeship certificate shall be organised.
Section 85
Shortened Courses for Acquiring Secondary Education Accomplished by a School
Leaving Examination
(1) Secondary schools providing secondary education completed by a school-leaving
examination in a given area of education may in such area organise shortened courses for
acquiring secondary education completed by a school-leaving examination. Shortened courses
shall last for from one (1) up to two (2) years and shall be taught in the day form. The
Framework Educational Programme shall specify the length of the relevant area of education.
(2) Shortened courses for acquiring secondary education completed by a school-leaving
examination may be applied for by applicants who have already acquired secondary education
accomplished by a school-leaving examination, however in a different area of education. The
head teacher may, within enrolment proceedings, decide on a compulsory admission
examination the content and form of which shall be specified in compliance with the
Framework Educational Programme of the area of education in which the applicant wishes to
study
(3) The Ministry shall lay down in an implementing legal regulation details and
conditions upon which shortened courses for acquiring education completed by a schoolleaving
examination shall be organised.
PART FIVE
EDUCATION AT CONSERVATORIES
Section 86
Goals of Education at Conservatories
Education at conservatories shall develop knowledge, skills and other abilities of a
pupil acquired at basic education and basic artistic education, provide general education, and
prepare pupils for the performance of demanding artistic or artistic together with artisticpedagogical
activities in such branches as music, dance, singing, and music and drama.
Education at conservatories shall further create preconditions for quality personal and civil
life and the continuation of education and preparation for the carrying out of work activities
Section 87
Levels of Education at Conservatories
(1) The following levels of education shall be achieved by successful completion of the
educational programme at conservatories:
a) secondary education completed by a school-leaving examination;
b) tertiary professional education for conservatories;
(2) A pupil shall acquire secondary education completed by a school-leaving
examination by successful completion of a corresponding part of the educational programme
for conservatories, however not earlier than after four (4) years of attending a day form of
education within a six-year educational programme or after eight (8) years of attending a day
form of education within an eight-year educational programme.
(3) A pupil shall acquire tertiary professional education by successful completion of a
six-year or eight-year educational programme.
Section 88
Admission to Education at Conservatories
(1) Applicants who have completed compulsory school attendance or successfully
completed basic education prior to finishing compulsory school attendance may be admitted
to the first grade of six-year conservatories, whilst applicants who have successfully
completed the fifth grade of basic school and who have met within the enrolment proceedings
conditions for admission by proving adequate abilities, knowledge, interests, and health
condition, may be admitted to the first grade of eight-year conservatories.
(2) The enrolment proceedings for education at conservatories shall be held in the form
of an examination proving particular abilities of an applicant. Section 62 shall apply to
organisation of such examinations and the head teacher of the conservatory shall send, to the
applicant him/herself or, in the case of a minor applicant, to his/her statutory representative,
after the evaluation of the results of the examination proving the particular abilities, a decision
on admission or non-admission to education at the conservatory, not later than on 10th
February.
Section 89
Completion of Education at Conservatories
(1) Education at conservatories shall be usually completed by passing a graduation
examination (hereinafter referred to as “absolutorium”) certified by a certificate of completion
and a diploma of a conservatory graduate. Conservatory graduates shall be awarded a degree
“diplomovaný specialista” (“a qualified specialist”) stated after the name and abbreviated as
“DiS”. Students may complete education also by a school-leaving examination, however not
earlier than after the fourth grade, and in dance after the eight grade.
(2) A school-leaving examination report and certificate of completion at conservatory
shall state, in a special clause, the relevant level of education.
Section 90
Absolutorium at Conservatories
(1) The purpose of “absolutorium” at conservatories is to verify whether pupils have
achieved the goals of education specified by the Framework and School Educational
Programmes in the relevant area of education, in particular to verify the level of their key
skills, knowledge and attitudes being important for their further education as a conservatory
graduate and the carrying out of their profession.
(2) In order to achieve absolutorium at conservatories pupils must take a comprehensive
professional examination consisting of a theoretical examination composed of vocational
subjects specified by the Framework Educational Programme, an examination in a foreign
language, a graduate thesis and its defence, and a graduate performance in one or two
principal artistic branches, or an examination in artistic and pedagogical preparation if so
stipulated by the Framework Educational Programme. In order to achieve absolutorium in
dance a pupil shall take an examination consisting of a theoretical examination in vocational
subjects specified by the Framework Educational Programme, write a graduate thesis and give
its defence, give a graduate performance, and take an examination in artistic and pedagogical
preparation. The head teacher shall specify the content and terms for holding such
examinations.
(3) A pupil may take absolutorium examinations at a conservatory if he/she has
successfully completed the last grade of education in the relevant area of education and
a) successfully passed final examinations in the Czech language and literature, the history
of the branch he/she has studied, or a school-leaving examination within a six-year
educational programme;
b) successfully passed final examinations in the Czech language and literature, the history
of the branch he/she has studied, or a school-leaving examination within an eight-year
educational programme.
(4) A pupil who completes education at conservatory through absolutorium without
passing a school-leaving examination shall take within the time limit specified by the head
teacher a final examination in front of an Examination Board in subjects under sub-section 3
in the school year during which school lessons of such subjects were finished, however not
later that by the end of the first term of the following school year. If a pupil fails the final
examination taken in front of the Examination Board, the Examination Board shall specify the
date for a repeat examination. A pupil may take such a repeat examination in front of the
Examination Board not more than twice. The head teacher shall appoint the Chair and
members of the Examination Board for the final examination.
(5) An absolutorium examination shall be held in front of the Examination Board. The
relevant Regional Authority shall appoint the Chair of the Examination Board. The Chair of
the Examination Board must be a pedagogical worker from another conservatory or a
university having adequate professional and pedagogical qualifications and at least five (5)
years of artistic and pedagogical experience. The head teacher shall appoint the Vice-Chair
and members of the Examination Board. A pedagogical worker employed at the school
concerned having at least five (5) years of pedagogical experience shall be appointed ViceChair.
Members of the Examination Board must be the supervisor of the graduate thesis, the
supervisor of the graduate performance and an opponent. The Provisions of Section 74 (9) and
(10) shall apply accordingly.
(6) Prior to commencement of the absolutorium examination pupils shall not attend
school lessons for a period of five (5) days. This period is assigned for learning for the
relevant examinations.
(7) The Examination Board may permit a pupil’s postponement of a final examination
taken in front of the Examination Board or absolutorium examination, or shall determine the
date of a substitute examination provided that the pupil could not, due to serious reasons, take
the final examination in front of the Examination Board or the absolutorium examination, and
he/she has justified in writing his/her absence to the Chair of the Examination Board within
three (3) working days of the date of the relevant examination. The Chair of the Examination
Board may, in serious cases, waive the fact that the specified term has not been respected.
(8) If a pupil has not taken the final examination or the absolutorium examination
without due justification, if his/her excuse has not been acknowledged, or if he/she has been
expelled from the examination then such a pupil shall be considered to have failed.
(9) If a pupil has failed the absolutorium examination or if he/she has not successfully
defended his/her graduate thesis such a pupil shall be permitted to resit the examination or
repeat defence of his/her graduate thesis on a date specified by the Examination Board. A
repeat examination and repeat defence may be taken twice.
(10) A pupil shall cease to be a pupil of the school on the day following the date when
he/she passes the absolutorium examination. If a pupil has not passed the absolutorium
examination at the conservatory in the due term and he/she has been permitted a repeat
examination or postponement of such examination the pupil shall have all the rights and
duties of a pupil of the conservatory until 30th
June of the school year when he/she should
have completed his/her education.
(11) A pupil may take an absolutorium examination not later than five (5) years from
completing the last grade of education.
(12) Every pupil who has taken the absolutorium examination may, within eight (8)
days from the date he/she was announced the result of the examination, request in writing the
relevant Regional Authority to review the course and results of such examination. In
reviewing the results the provisions of Section 82 (1), (2) and (4) shall apply accordingly.
Section 91
(1) The Ministry shall lay down in an implementing legal regulation more detailed
conditions on the course, organisation, and completion of education at conservatories.
(2) The provisions hereof concerning secondary education and secondary schools shall
apply to education at conservatories unless stipulated otherwise.
PART SIX
TERTIARY PROFESSIONAL EDUCATION
TITLE I
GOALS AND THE LEVEL OF TERTIARY PROFESSIONAL EDUCATION, ITS
ORGANISATION, COURSE AND MANNER OF ITS COMPLETION
Section 92
Goals of Tertiary Professional Education and the Level of Education
(1) Tertiary professional education shall develop and broaden the knowledge and skills
of a student acquired during secondary education and shall provide general and vocational
education as well as vocational training for the execution of demanding activities.
(2) A level of tertiary professional education shall be achieved by successful
completion of a relevant accredited educational programme.
(3) The length of tertiary professional education, in the day form, shall last for three (3)
years including vocational training, and with regard to medical branches it shall last up to
three and a half (3.5) years.
Admission to Education at Tertiary Professional Schools
Section 93
Conditions for Admission to Education at Tertiary Professional Schools
(1) Applicants who have completed secondary education completed by a school-leaving
examination and who, within enrolment proceedings, have met all conditions upon which they
may be admitted by proving adequate abilities, knowledge, interests, and health condition,
may be admitted to education at tertiary professional schools.
(2) The head teacher of the tertiary professional school shall decide on the admission of
an applicant to education at the tertiary professional school.
Section 94
Admission to the First Grade of Education at Tertiary Professional Schools
(1) An applicant shall file his/her application for education at a tertiary professional
school with the head teacher for the first round of enrolment proceedings and within the time
limit specified by an implementing legal regulation. An application shall always contain the
birth identification number of an applicant if such number has been assigned to him/her
D)
.
(2) The head teacher may, within enrolment proceedings, decide on an admission
examination the content and form of which shall be specified in compliance with the common
part of Framework Educational Programmes providing secondary education completed by a
school-leaving examination.
(3) The head teacher shall specify unified criteria of enrolment proceedings for all
applicants to be admitted in individual rounds of enrolment proceedings to the relevant area of
education as well as the forms of education for a given school year. The head teacher shall
assess applicants within the enrolment proceedings according to:
a) the knowledge of an applicant acquired during secondary education and expressed by
evaluation on the school report from the secondary school;
b) results of the admission examination, if applicable; and
c) other facts proving adequate abilities, knowledge, and interests of an applicant.
(4) A prerequisite for admitting an applicant to education at a tertiary professional
school shall be also to satisfy health conditions necessary for the selected area of education.
(5) If an admission examination is required, the head teacher shall publish the deadline
for submitting applications for education a sufficient time in advance, however not later than
two (2) months prior to the specified deadline, along with documents required to be submitted
with the application, evaluating criteria of enrolment proceedings, the date of the admission
examination and its form, as well as the framework content or other conditions upon which an
applicant may be admitted. Such information must be disclosed at a place which is accessible
in the school.
(6) If more applicants than the specified number of students to be admitted satisfy the
conditions of the enrolment proceedings their order of results from the enrolment proceedings
evaluation shall be decisive.
(7) The head teacher shall send the decision on admission or non-admission to tertiary
professional education to an applicant within seven (7) days of the date of the admission
examination or of the date on which the relevant decision was made if an admission
examination has not been organised, however not earlier than on 21st
June.
(8) The head teacher may, after closing the first round of the enrolment proceedings,
announce another round of enrolment proceedings to reach the expected number of pupils.
Section 95
(1) The head teacher may admit an applicant to a grade higher than the first grade of the
tertiary professional school. After assessing the documents of the applicant proving his/her
education to-date the head teacher may within the enrolment proceedings determine as a
condition upon which an applicant may be admitted that he/she take an examination, and
specify its content, date, form, and evaluation criteria in compliance with the Accredited
Educational Programme of the relevant area of education. Provided that the head teacher
decides on the admission of the applicant he/she also shall specify the grade to which the
applicant shall be assigned.
(2) With regard to medical branches the head teacher may admit an applicant to a grade
higher than the first grade at the tertiary professional school only if the content of the previous
education of an applicant corresponds to the content of education carried out in the grades
which the student will not attend.
Organisation and Course of Tertiary Professional Education
Section 96
(1) The school year shall begin on 1st
September and ends on 31st
August of the
following calendar year. The school year shall be divided into two terms. The winter term
shall start on 1 September and end on 31st
January, whilst the summer term shall run from 1st
February to 31st
August.
(2) Tertiary professional education shall contain theoretical education and vocational
training. Vocational training shall be held in the form of practicum at school or in the form of
in-service professional practice at the workplaces of natural and legal persons authorised to
carry out activities relating to the given area of education and which have entered with the
relevant school into an agreement on the content and scope of in-service professional practice
and conditions upon which the professional practice shall be held.
(3) The provisions of the Labour Code regulating working hours, safety and protection
of health at the working place, care for employees, working conditions for women and
youngsters, and other regulations on the safety and protection of health during work activities
shall apply to vocational training.
Section 97
(1) An applicant shall become a student of a tertiary professional school on the date of
his/her registration for education. Applicants shall register within a time limit specified by the
relevant tertiary professional school, however not later than on 30th
September.
(2) A document proving education at a tertiary professional school shall be a student’s
book proving his/her results. A student’s book shall record subjects and other comprehensive
parts of the syllabus of the selected area of education and results of student’s evaluation.
(3) A student shall be able during his/her studies at the tertiary professional school to
transfer to another tertiary professional school or to repeat the grade, and he/she shall be
entitled to recognition of his/her previous education upon his/her request made in writing.
(4) The head teacher may permit a student to change his/her area of education. With
regard to making a decision on the change of the area of education the head teacher may
decide on an examination which might show the differences in education and shall specify its
content, scope, date, and evaluation criteria.
(5) The head teacher of the school where a student wishes to be transferred shall decide
on the transfer of the student concerned. With regard to such decision-making process, in
particular if the transfer to a different area of education is considered, the head teacher may
decide on an examination which might show the differences in education and shall specify its
content, scope, date, and evaluation criteria.
(6) The head teacher may interrupt the education of a student for a period of not longer
than two (2) years. For such a period the student shall cease to be a student of the relevant
tertiary professional school. After the specified time limit of interruption of education elapses
the student shall continue to study in the same grade in which he/she interrupted his/her
school attendance. With the prior consent of the head teacher the student may continue his/her
studies in an upper grade if he/she proves corresponding knowledge and practical skills and
the manner how these have been achieved. Upon the request of the student the head teacher
shall discontinue the interruption of education even before the period of interruption elapses
unless such discontinuation is prevented by serious reasons.
(7) The head teacher shall be obliged to interrupt the education of a female-student if
she is pregnant or on maternity leave if vocational training is organised at workplaces
prohibited for pregnant women or work carried out is prohibited for pregnant women and
mothers until the ninth month after giving birth, or if on the basis of a medical assessment
school lessons may endanger the pregnancy of the female-student concerned.
(8) The head teacher may permit a student who has not met the conditions specified by
the Accredited Educational Programme for a relevant school year to repeat the grade after
assessing his/her current study results and reasons stated in the application.
Section 98
(1) A student may discontinue education on the basis of a written notification duly
serviced to the head teacher of the relevant school. A student shall cease to be a student of the
tertiary professional school on the day following the date of delivery of such notification to
the head teacher of the relevant school or on the date stated in the notification on
discontinuation of education if such a date is later.
(2) Should a student not attend school lessons for a period of at least twenty (20) days
and his/her absence has not been duly justified the head teacher shall request him/her in
writing to justify, without undue delay, his/her absence. At the same time he/she shall note
that otherwise the student in question shall be considered to be a student who has discontinued
his/her education. A student of a tertiary professional school who does not start to attend
school lessons within three (3) weeks from the delivery of the request or does not justify the
reasons for his/her absence shall be considered to be a student who has discontinued his/her
education on the last date of the time limit specified. He/she shall cease to be a student of the
tertiary professional school on that day.
Section 99
Evaluation of Educational Results of Students
(1) Students shall be evaluated always for each relevant term. Subjects or other
comprehensive parts of the syllabus on the basis of which a student will take an examination
or will be evaluated in a different manner shall be specified by the Accredited Educational
Programme. Examinations may be repeated twice. In the case that the content of evaluation is
further broken down into different comprehensive parts, which are not subjects, students shall
be issued confirmation of their attendance.
(2) A student who has successfully met the conditions specified by the Accredited
Educational Programme for a relevant grade shall proceed to a higher grade.
(3) If a student cannot be evaluated due to serious reasons the head teacher shall
determine the date by which the student’s evaluation must be completed. Evaluation must be
completed not later than by the end of the following term.
Section 100
Recognition of Achieved Education
A head teacher shall recognise comprehensive education achieved by a student provided
that it is justified by a document on such education or by any other provable manner. The
head teacher may recognise the partial education of a student if it is justified by a document
confirming such education or by any other provable manner and not more than ten (10) years
have elapsed since its completion, or if the student proves the knowledge achieved by such
education in an examination specified by the head teacher. If the head teacher recognises the
education achieved by the student he/she shall excuse fully or partially such a student from
school lessons and evaluation in the scope of the recognised education.
Accomplishment of Tertiary Professional Education
Section 101
Education at tertiary professional schools shall be completed by an absolutorium
examination. The document certifying achievement of tertiary professional education shall be
the Absolutorium Report and the diploma of a graduate of a tertiary professional school.
Tertiary professional school graduates shall be awarded a degree “diplomovaný specialista”
(“a qualified specialist”) written after his/her name and abbreviated as “DiS”.
Section 102
(1) Absolutorium shall be conditional upon successful completion of the last grade of
education. An absolutorium examination shall consist of vocational subjects, an examination
in a foreign language and the defence of a graduate thesis. A graduate thesis may be
elaborated and defended by several students, however each student shall be evaluated
individually. A graduate thesis and its defence may also contain a part verifying practical
skills.
(2) The head teacher shall announce at least one (1) date for absolutorium in the school
year.
(3) An absolutorium examination shall be held in front of an Examination Board and
shall be public with the exception of meetings of the Examination Board on evaluating a
student.
(4) The Examination Board shall have permanent and other members with the Chair
being a pedagogical worker from another tertiary professional school or university. Permanent
members shall be the Chair, Vice-Chair and a supervising teacher of a study group. Other
members shall be a teacher of the relevant subject, a teacher who also teaches the same
subject but is not the teacher of the examined pupil, a supervisor of the graduate thesis, and a
critical opponent. A practical expert may be also appointed a member of the Examination
Board. The Regional Authority shall appoint the Chair of the Examination Board whilst the
head teacher shall appoint all other members of the Examination Board. The Provisions of
Section 74 (9) and (10) shall apply accordingly.
(5) If a student has failed an examination or has not defended his/her graduate thesis he
may take a repeat examination or defend the graduate thesis within six (6) months of the date
of the absolutorium examination. Repeat examinations or repeat defences of the graduate
thesis may be taken not more than twice and always on the date determined by the
Examination Board.
(6) If a student does not take the examination but he/she has duly justified his/her
absence not later than within three (3) working days of the date of the examination to the
Chair of the Examination Board or does not take the absolutorium examination since he/she
has not yet completed the last grade of education, he/she shall be entitled to take a substitute
examination. The Chair of the Examination Board may, in serious cases, waive the fact that
the specified term has not been respected. The right of the pupil to take a repeat examination
shall not be prejudiced by participating in the substitute examination.
(7) A student shall cease to be a pupil of the tertiary professional school on the day
following the date when he/she passes the absolutorium examination. If a student has not
passed the absolutorium examination he/she shall have all rights and duties of a student of the
tertiary professional school until 30th
June of the school year when he/she should have
completed his/her education. If a student has not taken the examination without due
justification, if his/her excuse has not been acknowledged or if he/she was expelled from the
examination, such a student shall be considered to have failed.
(8) A student may take an absolutorium examination not later than five (5) years from
completing the last grade of education.
(9) Each person who has taken an absolutorium examination or defended his/her
graduate thesis may, within eight (8) days of the date he/she was informed of the result of the
examination, request in writing the relevant Regional Authority to review the course and
result of such examination. In reviewing the result the provisions of Section 82 (1), (2) and (4)
shall apply accordingly.
Section 103
The Ministry shall lay down in an implementing legal regulation details on organisation,
procedures and the course of enrolment proceedings for education at tertiary professional
schools including dates of admission examinations and admission to grades higher than the
first grade, details on organisation and the course of tertiary professional education,
conditions for organising vocational training, rules for evaluating students and for recognising
their previous education, and detailed conditions on the completion of tertiary professional
education by the absolutorium examination.
TITLE II
EDUCATIONAL PROGRAMME ACCREDITATION
Section 104
(1) An educational programme in the relevant area of education for individual tertiary
professional school shall be subject to the granting of accreditation by the Ministry. In the
event of a medical educational programme the consent of the Ministry of Health shall be
required in advance and in the event of an educational programme relating to security services
the consent of the Ministry of the Interior shall be required in advance.
(2) Should the educational programme be accredited and registered for the relevant
tertiary professional school in the Register of School, applicants for this type of education
may be admitted, school lessons and examinations organised, and the degree of a graduate of
a tertiary professional school may be granted.
Section 105
(1) Applications for educational programme accreditation shall be submitted to the
Ministry. The Ministry shall, without undue delay, provide the application to the
Accreditation Commission for tertiary professional schools (hereinafter referred to as the
“Accreditation Commission”). The Accreditation Commission shall assess an educational
programme in terms of its content and specialisation within 120 days of the date when the
application was delivered and shall provide the Ministry with its opinion.
(2) The Ministry shall decided on accreditation of the relevant educational programme
within thirty (30) days of the date of delivery of the opinion of the Accreditation Commission.
(3) The Ministry shall not grant accreditation if
a) the educational programme does not satisfy details stipulated in Section 6(1);
b) the educational programme is not in compliance in terms of its content with goals and
principles stipulated herein;
(4) Furthermore, the Ministry shall not grant accreditation if the Accreditation
Commission issues a dissenting opinion on the application for educational programme
accreditation.
(5) The Ministry shall lay down in an implementing legal regulation the content of the
written application for educational programme accreditation.
Section 106
(1) Educational programme accreditation shall be granted for a limited time equalling
not more than double the length of education in the day form. The validity of accreditation
may be repeatedly renewed. The provisions of Section 105 shall apply to extension of the
validity of accreditation and shall reasonably apply accordingly.
(2) Whilst carrying out the accredited educational programme the tertiary professional
school may apply for modification of its educational programme.
(3) Educational programme accreditation shall cease to exist upon deleting the relevant
record of education field from the Register of Educational Facilities.
Section 107
Accreditation Commission
(1) The Accreditation Commission shall issue its opinion on educational programmes
within accreditation proceedings and further it shall also assess other matters concerning
tertiary professional education submitted to it by the Minister of Education, Youth and Sports.
(2) The Accreditation Commission shall consist of twenty-one (21) members. The
Minister of Education, Youth and Sports shall appoint members of the Accreditation
Commission from among experts from universities, tertiary professional schools and
practitioners with relevant expertise.
(3) Members of the Accreditation Commission shall be appointed for a period of six (6)
years and may be appointed for no more than two subsequent periods.
(4) In carrying out their activities members of the Accreditation Commission shall act
independently.
(5) The internal organisation and sessions of the Accreditation Commission and reasons
for discharging its members shall be regulated by the Accreditation Commission Statute
issued by the Ministry. The Ministry may alter the Accreditation Commission Statute after
discussion with the Accreditation Commission itself. The Ministry shall publish the
Accreditation Commission Statute and its modifications in the Journal.
(6) The Ministry shall support activities carried out by the Accreditation Commission
materially, financially and in terms of organisation.
PART SEVEN
RECOGNITION OF FOREIGN EDUCATION
Section 108
(1) A school-leaver of a foreign school who holds a document certifying that he/she has
achieved basic, secondary or tertiary professional education (hereinafter referred to as
“foreign school report”) may request the Regional Authority relevant with respect to the place
of residence of the applicant
a) to issue a certificate of recognition of the equality of the foreign school report in the
Czech Republic, or
b) for a decision on recognition of the validity of the foreign school report issued in the
Czech Republic (hereinafter referred to as “education recognition”)
(2) The Regional Authority shall also issue a certificate recognising the equality of a
foreign school report in cases where the Czech Republic is bound by an international
agreement on recognising the equality of certificates of education with the country where the
foreign school has been established and registered. If the foreign school report does not
provably demonstrate the content and scope of the subject taught the applicant shall also
submit the Framework Educational Programme of the area in which he/she has achieved
his/her education.
(3) If the Czech Republic is not bound by an international agreement on recognising the
equality of certificates of education with the country where the foreign school has been
established and registered, the Regional Authority shall decide on recognition of education
upon the submission of the original of foreign school report or its officially verified copy. If a
foreign school report does not provably demonstrate the content and scope of subject taught
the applicant shall also submit the Framework Educational Programme of the area in which
he/she has achieved his/her education.
(4) Unless an international agreement states otherwise the authenticity of signatures and
seals on originals of foreign school reports and the fact that school has been registered in the
country where the foreign school report was issued must be verified by a relevant embassy or
a consulate of the Czech Republic and the Ministry of Foreign Affairs of the country where
there is the seat of the foreign school which issued the foreign school report or by a notary in
the country concerned. An officially verified translation of the documents stipulated in subsections
2 and 3 into the Czech language shall be attached to the application. In the event of a
certificate of education issued in the Slovak language its translation into the Czech language
shall not be required.
(5) If the Regional Authority, within the procedure of recognition of education, finds out
that the content and scope of education at foreign school substantially differs when compared
with a similar Framework Educational Programme in the Czech Republic, it shall reject the
application. If the content and scope of education at the foreign school differs only partially or
the applicant does not satisfy requirements stipulated in sub-section 3, the Regional Authority
shall order an recognition of education examination. The Regional Authority shall also reject
an application for recognition of education if the applicant fails the recognition of education
examination. An applicant who is not a Czech national shall not take a recognition of
education examination in the Czech language and literature.
(6) The Ministry shall decide on the recognition of education with regard to a foreign
school report issued by a foreign school with an educational programme which is carried out
with the agreement of the Ministry. The provisions of sub-section 3 through 5 shall apply
accordingly.
(7) The Ministry of the Interior shall issue a certificate on the recognition of equality
and shall decide on recognition of education of a foreign school report with respect to the
activities of the police and fire rescue brigades.
(8) The Ministry shall lay down in an implementing legal regulation conditions for
recognising the equality of education and education recognition with regard to foreign school
reports issued by foreign schools, conditions for organising recognition of education
examinations, the composition of the Examination Board for recognition of education
examinations, and the manner of making decisions thereof.
(9) With regard to a person who was provided in the Czech Republic or in any
other Member State of the European Union international protection in the form of
asylum or supplementary protection 26a)
or who must be considered in accordance with
international obligations of the Czech Republic as a refugee or displaced person, or a
person finding him/herself in a similar situation as that of a refugee, submission of a
document specified in sub-sections 1 through 3 and verification under sub-section 4 may
be replaced by the submission of an affidavit of such person confirming facts otherwise
proven by the aforementioned document or verification. In the case of doubt arising
with regard to the attained education a Regional Authority shall order the applicant to
take a recognition examinationF)
.
PART EIGHT
BASIC ARTISTIC AND LANGUAGE EDUCATION AND EDUCATION DEVELOPING
PERSONAL INTERESTS
Section 109
Basic Artistic Education
(1) Basic artistic education shall provide basic education in individual artistic areas of
education. Basic artistic education shall be carried out at basic artistic schools. Basic artistic
schools shall also prepare for education at secondary artistic schools and at conservatories or
for studies at universities focusing on artistic pedagogical activities.
(2) Basic artistic schools shall organise preparatory school lessons, basic studies of the
1st
and 2nd
levels, studies with an extended number of school lessons, and adult education.
Section 110
Language Education
(1) Language education shall provide language education in foreign languages.
Language education hereunder shall be carried out at language schools authorised to organise
state language examinations.
(2) Education at language schools authorised to organise state language examinations
may be completed by a state language examination, a general state language examination and
a special state language examination. A state language examination may be taken even
without previous education at a language school authorised to organise state language
examinations. A certificate on the state language examination shall certify that the relevant
examination has been passed.
(3) A state language examination shall consist of oral and written parts. The Ministry
shall specify the written part of the examination and shall set out the dates on which such
examinations shall be taken.
(4) State language examinations in individual languages shall be taken in front of an
Examination Board. The Ministry shall appoint the Chair of the Board for state language
examinations and Chairs for Examination Boards for individual languages. The head teacher
shall appoint other members of the Examination Board. The Chair of the Examination Board
for state language examinations and Examination Boards for individual languages must be a
person having relevant professional qualifications and who has performed direct pedagogical
activity for at least five (5) years.
Section 111
Education Developing Personal Interests
(1) Education developing personal interests shall be provided to learners in their leisure
time and shall focus on various areas. Education developing personal interests shall be carried
out at school facilities for developing interests, in particular in leisure time centres, school
play-centres, and school clubs.
(2) Leisure time centres shall further participate in care for gifted children, pupils, and
students and in cooperation with schools and other institutions in organising competitions and
performances of children and pupils.
Section 112
The Ministry shall lay down in an implementing legal regulation detailed conditions and
procedures for admission to basic artistic education, language education and education
developing personal interests, their content, scope, organisation, evaluation, and completion,
conditions for completing language education by a state language examination, the content
and scope of state language examinations and the Rules of Organisation of such examinations,
recognition of previous education for the purpose of taking state language examinations, and
the fees to be charged for such examinations; it shall also specify organisation of education
according to interests at school facilities for development of personal interests and conditions
for organising and funding competitions and performances arising from education developing
personal interests.
PART NINE
FURTHER EDUCATION AT SCHOOLS D)
Section 113
Individual Examinations
(1) With regard to further education, every person who has acquired at least basic
education may take, upon the conditions stipulated in letters a) and b), at secondary or tertiary
professional schools an individual examination which is part of a final examination, schoolleaving
examination or absolutorium examination, if such examination corresponds to the
relevant subject or content of an examination typically organised in the given school with
respect to its content and scope. The examination may be taken upon an application submitted
to
a) the Centre for Gathering Educational Results if the applicant wishes to take an
individual examination which is part of a school leaving-examination set by the
Ministry;
b) the head teacher of the school if the applicant wishes to take an individual examination
which is part of a final examination absolutorium examination or school-leaving
examination set by the school; the head teacher shall inform the applicant in writing not
later than within three (3) weeks after delivery of the application whether he/she may
take the requested examination.
(2) With regard to a practical examination on the basis of vocational training or in
vocational subjects with regard to a final examination or an examination of a school leaving
examination taken in the form of a practical examination attendance, such examination under
sub-section 1 is conditional upon attendance during vocational training in the scope specified
by the Framework Educational Programme. The head teacher may partially or fully waive
attendance during vocational training if the applicant proves corresponding practical
experience which is subject to vocational training.
(3) A certificate from the individual examination shall certify that such examination has
been passed, however the respective level of education shall not be acquired through an
individual examination. Qualifications required for performing a medical profession may not
be acquired through an individual medical examination.
(4) A level of education may be, without previous education at secondary or tertiary
professional school, acquired after passing the examinations in all subjects or other
comprehensive parts of syllabus specified by the Framework Educational Programme or
Accredited Educational Programme for the relevant area of education pertaining to all grades
and by passing a final examination, school-leaving examination, or absolutorium examination
hereunder.
Section 113a
Recognition of Further Education for Enrolment to a Higher Grade of Education
A certificate on acquiring partial qualification issued under a special legal
regulation 26a)
shall be, for the purposes of Section 63, considered a certificate on
previous education.
Section 113b
Recognition of Partial Education in the Course of Education
A certificate on acquiring partial qualification issued under a special legal
regulation 26a)
shall be, for the purposes of Section 70, considered a certificate on partial
education of a pupil.
Section 113c
Taking a Final Examination, School-Leaving Examination or Examination on
Completing Education at a Conservatory
(1) A person having at least basic education who, under a special legal
regulation26a)
, has acquired partial qualifications confirming all professional
qualifications laid down in the National Qualification System for Due Performance of all
Working Activities Carried Out within a Certain Profession may, even without previous
education at a secondary school or conservatory and without previous successful passing
of examinations in all subjects or other comprehensive parts of a core curriculum laid
down by a framework or school educational programme in a relevant field of education
for all grades of education, acquire a level of education by successfully passing a final
examination, school-leaving examination or examination on completing education at a
conservatory in a relevant field of education. The head teacher of a school in the
respective field of education shall, upon the application of such person stated in the first
sentence, enable that person to take a final examination, school-leaving examination or
examination on completing a conservatory on the date specified by the head teacher.
(2) The person specified in sub-section 1 may take a final examination, schoolleaving
examination or examination on completing education at a conservatory even
though he/she is not a pupil of the relevant school. In such a case the person shall take
the examination under similar conditions as if he/she were a pupil of the school. Unles
the school has been established by the state, a region, a union of municipalities or a
municipality, the head teacher of the school may make the option of taking a final
examination, school-leaving examination or examination on completing education at a
conservatory conditional upon payment of a fee in the amount specified by the head
teacher; such fee shall be the income of the legal person carrying out the activities of the
school in question.
(3) Sub-sections 1 and 2 shall not apply to the fields of education within which
qualifications for performing medical professions under a special legal regulation26b)
are
acquiredD)
.
Section 114
Specialised Courses, Courses of Individual Subjects, Post-Secondary Specialised
Courses
(1) Legal persons carrying out activities of secondary or tertiary professional schools
may, in addition to education provided in accordance with the educational programmes
stipulated in Section 3, organise specialised courses, courses in individual subjects, or other
comprehensive parts of the syllabus or post-secondary specialised courses.
(2) Specialised courses and courses of individual subjects or other comprehensive parts
of the syllabus at secondary or post secondary school shall be determined to supplement
general as well as a special knowledge and skills required for performing professions or work
activities.
(3) A post-secondary specialised course shall be determined for acquiring special
theoretical as well as practical knowledge and skills which shall follow up, with respect to
their special objectives, previously completed education and shall extend qualifications for
performing professions or working activities.
(4) Courses under sub-section 1 shall not provide a level of education and may be
charged for. A certificate shall certify that a course under sub-section 1 has been successfully
completed.
(5) Parties to education under sub-section 1 shall not be pupils or students of the given
school.
(6) Re-qualification not organised within the official educational system shall be
organised under special legal regulations27
, further education for performing medical
professions shall be carried out under special legal regulations within the scope of activities of
the Ministry of Health.28
PART TEN
SCHOOL FACILITIES AND SCHOOL SERVICES
Section 115
Facilities for Further Education of Pedagogical Staff
Facilities for further education of pedagogical staff shall provide the further education of
pedagogical staff of schools and school facilities, provide to schools and school facilities
advisory services in methodological issues and management of schools and school facilities,
and further they shall intermediate information on directions and procedures in education and
coordinate supporting activities for schools and school facilities, development programmes,
and other events.
Section 116
School Advisory Facilities
School advisory facilities shall provide for children, pupils, and students and their
statutory representatives and for schools and school facilities, information and diagnostic,
advisory and methodological services, and shall provide pedagogical and specialised
pedagogical and psychological services and preventative educational care, and shall assist in
selecting a suitable future profession. School advisory facilities shall cooperate with
authorities in providing social and legal care for children, and also with bodies providing care
for youth and families, medical facilities, or other bodies and institutions.
Section 117
School Educational and Lodging and Boarding Facilities
(1) School educational facilities and lodging and boarding facilities shall provide, in
accordance with the purpose of their establishment, children, pupils, and students with
a) education, sports, and interest activities in their leisure time;
b) all-day education, lodging and boarding, or
c) recovery stays for children and pupils in a healthy environment without the necessity of
interrupting their education.
27
For example Act No. 1/1991 Coll., on Employment, as amended, Act No. 9/1991 Coll., on Employment and
Scope of Competencies of the Bodies of the Czech Republic with Regard to Employment, as amended, Decree
No. 21/1991 Coll., on More Detailed Conditions for the Re-qualification of Job-Seekers and Employees, as
amended by Decree no. 324/1992 Coll.
28
Decree no. 77/1981 Coll., on Medical Workers and Other Professional Workers in Medical Care
(2) School educational facilities and lodging and boarding facilities may operate during
weekends, national holidays as well as during school holidays.
Section 118
School Facilities for Developing Personal Interests
School facilities for developing personal interests shall provide, in accordance with the
purpose of their establishment, educational, training, interest or recreational services and
events, and shall ensure cultural activities for pupils, students and pedagogical staff or other
persons.
Section 119
Facilities for School Catering (School Canteens)
The catering of children, pupils, and students during their stay at schools, school
facilities under Section 117 (1) (b) and (c) and school facilities for executing institutional
education, protective education and preventative educational care shall be provided in school
canteens. School canteens may provide food also to the employees of schools and school
facilities and food services to other persons, charging a fee.
Section 120
School Facilities Established for a Special Purpose
School facilities established for a special purpose and in accordance with their purpose
shall assist schools and school facilities in their activities, provide material and technical
services, advisory, information or economic and administrative services; they shall provide
professional, study and work, library and information services for pupils, students, or
employees; and they shall ensure vocational training and education outside regular school
lessons or create conditions for vocational training of pupils and the development of activities
they are interested in.
Section 121
(1) The Ministry shall lay down in an implementing legal regulation types of school
facilities and details on their content and the scope of their activities, organisation and
conditions of operation, criteria for inclusion and placing children, pupils, and students or
other users of services, or on the termination of placement, also on conditions upon which
school services may be provided to the general public and on charges for school services and
providing advisory services at schools and school advisory facilities.
(2) The Ministry shall lay down, acting in accordance with the Ministry of Health, in
an implementing legal regulation, detailed conditions of organisation of school catering,
operations of school canteens and the scope of provided services, nutrition standards
according to age groups of those having meals at school canteens, and the range of financial
rates for the purchase of food.
PART ELEVEN
MATERIAL SECURITY, COMPENSATION FOR PRODUCTIVE ACTIVITIES AND
CHARGES FOR EDUCATION AND SCHOOL SERVICES
Section 122
Material Security and Charges for Productive Activities
(1) A legal person carrying out activities of a school shall provide pupils of a secondary
school and students of a tertiary professional school compensation for productive activities
from funds acquired through such productive activities. The head teacher shall determine the
amount of such compensation in compliance with the scope and quality of productive
activities. If pupils carry out vocational training or student professional practice on the
premises of another legal person, such a person shall provide them compensation for the
productive activities concerned. For the purpose hereof, productive activities shall be
activities bringing an income. The minimal amount of monthly compensation for productive
activities for a specified 40 working hour week shall be 30 per cent of the minimum salary.
With regard to a different number of working hours per week or if a pupil has not carried out
productive activities for the whole month, the amount of monthly compensation for
productive activities shall be adjusted accordingly.
(2) Children at nursery schools, pupils of basic schools and minor pupils of secondary
schools shall be provided material security including school meals for the time of their stay at
the school or school facility under Section 117 (1) (b) and (c) and if necessary, they shall be
provided lodging. Pupils of secondary schools who are of legal age and students of tertiary
professional schools may be provided material security under the first sentence.
(3) The legal person carrying out activities of a school or school facility shall provide
material security under sub-section 2 for children, pupils and students attending it. A legal
person established by the state, a region, a municipality or a union of municipalities may
provide material security in cooperation with the founder. Material security under sub-section
2 may be charged.
(4) School meals shall be provided preferably in school canteens defined herein. Legal
persons carrying out activities of schools or school facilities may provide school meals on a
contractual basis with another person providing catering services. In the case of legal persons
established by the state or registered churches or religious societies who have been authorised
to exercise a special right to set up church schools6,
they may provide meals with the consent
of the Ministry in advance. School meals shall be regulated by nutrition standards.
(5) The Ministry shall lay down in an implementing regulation detailed conditions on
providing material security.
Section 123
Charges for Education and School Services
(1) Education at basic and secondary schools which have not been established by the
state, a region, a municipality or a union of municipalities and education at tertiary
professional schools may be charged for, with such charges becoming the income of the legal
person carrying out the activities of the school concerned.
(2) Education not providing a level of education may be charged for, with such charge
becoming the income of the legal person carrying out the activities of the school concerned.
Education in the last grade of nursery school established by the state, a region, a municipality
or a union of municipalities and in preparatory classes of a basic school shall be provided free
of charge.
(3) School services may be charged for, with such charges becoming the income of the
legal person carrying out the activities of the school facility concerned.
(4) In the case of schools and school facilities established by the state, a region, a
municipality or a union of municipalities, head teachers or directors of school facilities shall
set out charges under sub-sections 1 through 3. In the case of schools and school facilities
established by other legal or natural persons the legal persons carrying out the activities of
such schools and school facilities shall set out the amount of charges under sub-sections 1
through 3. The head teacher of the relevant school or director of the school facility shall
decide on decreasing or waiving charges, in particular in the case of children coming from
socially disadvantaged families.
(5) The Ministry shall lay down in an implementing legal regulation conditions, due
dates of charges, an option on how to decrease such charges or on waiving the charges, and
the highest possible fees to be charged for tertiary professional education, for education not
providing a level of education regulated herein, and for individual school services at schools
and school facilities established by the state, a region, a municipality or a union of
municipalities.
PART TWELVE
SCHOOL LEGAL ENTITY
Section 124
Principal Activities and a Founder of a School Legal Entity
(1) A school legal entity shall be a legal person established hereunder whose principal
activity shall be the provision of education in compliance with educational programmes
stipulated in Section 3 and school services hereunder.
(2) A founder of a school legal entity may be
a) the Ministry, a region, a municipality or a union of municipalities;
b) another legal person or natural person.
(3) A school legal entity may be established jointly by more founders stipulated in subsection
2 (a) or more founders stipulated in sub-section 2 (b).
(4) Unless stipulated herein otherwise, the provisions on commercial companies of the
Commercial Code shall apply accordingly on establishment and forming, dissolution and
cessation of existence and division, consolidation or merger of legal persons.
Section 125
Establishment and Formation of a School Legal Entity
(1) A school legal entity established by one founder shall be set up by a Charter of
Foundation.
(2) A school legal entity established jointly by more than one founder shall be set up by
an Agreement of foundation.
(3) A Charter of Foundation or an Agreement of Foundation (hereinafter referred to as
the “Deed of Foundation”) shall contain the following:
a) the name and registered seat of the school legal entity;
b) the name, the registered seat and identification number of the founder, in case the of a
legal person, or the name, surname, the date of birth and the place of permanent
residence of the founder, in the case of a natural person;
c) denotation of the statutory body under Section 131 and the manner of how they
represent the school legal entity;
d) the kind and type of school and school facility whose activities are carried out by
the school legal entity A)
;
e) the subject, conditions and the scope of additional activities in the case of a school legal
entity established by the Ministry, a region, a municipality or a union of municipalities
if such additional activities have been permitted;
f) a definition of how assets for carrying out activities of the school legal entity are
safeguarded;
g) the number of members of the Board in the case of a school legal entity established by
another legal person or natural person under Section 124 (2) (b);
h) in the case of more founders the manner in which rights and duties of the founder shall
be performed hereunder;
i) a definition of the time limit for which the school legal entity has been established.
(4) The Deed of Foundation of a school legal entity established by another legal or
natural person under Section 124 (2) (b) may also define a school legal entity authorised to
accept surplus assets provided that the school legal entity has been dissolved by winding up. It
may also define that such a school legal entity shall be specified by a body defined in the
decision taken on dissolving the school legal entity concerned.
(5) A school legal entity shall come into existence on the date of its registration in the
Register of School Legal Entities under conditions stipulated herein.
Section 126
Dissolution and Cessation of Existence of a School Legal Entity
(1) A school legal entity shall cease its existence on the date on which it is removed
from the Register of School Legal Entities.
(2) The cessation of existence of a school legal entity shall be preceded by its
dissolution with winding up or without winding up. Winding up shall not be made in cases
stipulated in sub-section 3 (b) and (e) and in the event of dissolution of a school legal entity
established by the Ministry, a region, a municipality or a union of municipalities.
(3) A school legal entity shall be dissolved
a) on the date stated in the decision on dissolution of the school legal entities, otherwise on
the date when such decision was adopted;
b) on the date stated in the decision or in the agreement on merger, consolidation or
division if the school legal entity is to cease its existence as a consequence of its merger,
consolidation or division, otherwise on the date when such decision was adopted or the
agreement concluded;
c) by the elapse of the period of time for which it has been established;
d) on the date when the decision removing the last school or school facility operated by the
school legal entity concerned from the Register of Schools and School Facilities came
into effect;
e) by rejecting a proposal for adjudication of bankruptcy proceedings for insufficient
assets, cancellation of bankruptcy proceedings as a result of compliance with the
resolution to distribute the assets or cancellation of bankruptcy proceedings because the
assets of the school legal entity cannot cover the costs of the bankruptcy proceedings;
f) on the date stated in the decision on dissolving the school legal entity issued by the
court, otherwise on the date when such decision comes into effect.
(4) If a school legal entity is not dissolved due to reasons stated in sub-section 3 (b), the
rights and duties of such a school legal entity established by the Ministry, a region, a
municipality or a union of municipalities, including rights and duties arising from
employment contracts, shall be transferred to its founder.
(5) The court may decide on the dissolution of a school legal entity and in the case of a
school legal entity established by another legal or natural person under Section 124 (2) (b)
may decide on its winding up upon the proposal of a state administration body or a person
who justifies its legal interest, if
a) the bodies of the school legal entity have not been appointed and current bodies
terminated their operations more than a year ago;
b) no meeting of the Board of the school legal entity established by another legal or natural
person under Section 124 (2) (b) was held in the past year;
c) due to operations of additional activities, within a period of six months, the quality, the
scope and availability of the principal activity for which the school legal entity was
established was repeatedly endangered;
d) the school legal entity uses the income of its activities or its assets contrary to this Act;
or
e) the school legal entity otherwise grossly violates law or does not satisfy conditions
stipulated by legal regulations.
(6) The court, prior to issuing its decision on dissolving the school legal entity, shall
specify a time limit for remedying the reason for which such dissolution was proposed, if such
remedy is be possible.
Section 126
Dissolution and Cessation of Existence of a School Legal Entity
(1) A school legal entity shall cease its existence on the date on which it is removed
from the Register of School Legal Entities.
(2) The cessation of existence of a school legal entity shall be preceded by its
dissolution with winding up or without winding up. Winding up shall not be made in cases
stipulated in sub-section 3 (b) and (e) and in the event of dissolution of a school legal entity
established by the Ministry, a region, a municipality or a union of municipalities.
(3) A school legal entity shall be dissolved
g) on the date stated in the decision on dissolution of the school legal entities, otherwise on
the date when such decision was adopted;
h) on the date stated in the decision or in the agreement on merger, consolidation or
division if the school legal entity is to cease its existence as a consequence of its merger,
consolidation or division, otherwise on the date when such decision was adopted or the
agreement concluded;
i) by the elapse of the period of time for which it has been established;
j) on the date when the decision removing the last school or school facility operated by the
school legal entity concerned from the Register of Schools and School Facilities came
into effect;
k) by rejecting a proposal for adjudication of bankruptcy proceedings for insufficient
assets, cancellation of bankruptcy proceedings as a result of compliance with the
resolution to distribute the assets or cancellation of bankruptcy proceedings because the
assets of the school legal entity cannot cover the costs of the bankruptcy proceedings;
l) on the date stated in the decision on dissolving the school legal entity issued by the
court, otherwise on the date when such decision comes into effect.
(4) If a school legal entity is not dissolved due to reasons stated in sub-section 3 (b), the
rights and duties of such school legal entity established by the Ministry, a region, a
municipality or a union of municipalities, including rights and duties arising from
employment contracts, shall be transferred to its founder.
(5) The court may decide on the dissolution of a school legal entity and in the case of a
school legal entity established by another legal or natural person under Section 124 (2) (b)
may decide on its winding up upon the proposal of a state administration body or a person
who justifies its legal interest, if
f) the bodies of the school legal entity have not been appointed and current bodies
terminated their operations more than a year ago;
g) no meeting of the Board of the school legal entity established by another legal or natural
person under Section 124 (2) (b) was held in the past year;
h) due to operations of additional activities, within a period of six months, the quality, the
scope and availability of the principal activity for which the school legal entity was
established was repeatedly endangered;
i) the school legal entity uses the income of its activities or its assets contrary to this Act;
or
j) the school legal entity otherwise grossly violates law or does not satisfy conditions
stipulated by legal regulations.
(6) The court, prior to issuing its decision on dissolving the school legal entity, shall
specify a time limit for remedying the reason for which such dissolution was proposed, if such
remedy is be possible.
Section 127
Division, Merger and Consolidation of a School legal entity
(1) A school legal entity may be merged or consolidated with another school legal
entity and divided into other school legal entities. The legal effects of such changes shall
come into force on the date of their entry into the Register of School Legal Entities.
(2) A division shall cease the existence of a school legal entity which was previously
dissolved without winding up. Its rights and duties, including rights and duties arising from
employment contracts, shall be transferred to other school legal entities. The decision or the
agreement on division must specify to what extent rights and duties, including rights and
duties arising from employment contracts, shall be transferred to individual school legal
entities.
(3) A consolidation shall cease the existence of a school legal entity which was
previously dissolved without winding up. Its rights and duties, including rights and duties
arising from employment contracts, shall be transferred to another school legal entity.
(4) A merger shall cease the existence of two or more school legal entities which were
previously dissolved without winding up. Their rights and duties, including rights and duties
arising from employment contracts, shall be transferred to a newly established school legal
entity.
(5) In the case of school legal entities established by the Ministry, a region, a
municipality or a union of municipalities, merger, consolidation and division are possible only
if such school legal entities have been established by a common founder.
(6) In order to merge, consolidate and divide school legal entities established by
different founders stipulated in Section 124 (2) (b), the founder of the school legal entities
concerned or the Board in cases stipulated in Section 129 (4) and (5) shall be obliged to issue
a decision and enter into an agreement between the school legal entities concerned. The
founders of the school legal entities which shall cease their existence shall become founders
of a succession school legal entity or succession school legal entities.
Section 128
Winding Up a School Legal Entity
(1) The provisions of Sections 70 through 75b of the Commercial Code shall apply
accordingly to the winding up of a school legal entity unless stipulated otherwise herein.
(2) The commencement of winding up of a school legal entity and data on a liquidator
stipulated in Section 154 (1) (i) shall be entered into the Register of School legal entities.
(3) A liquidator shall be appointed by the head teacher of the school legal entity. Should
the head teacher of the school legal entity not appoint the liquidator without undue delay
he/she shall be appointed by a court. The remuneration of the liquidator shall be determined
by the person who has appointed him/her. The liquidator’s compensation shall be covered
from the funds of the school legal entity.
(4) The report on the winding up proceedings of a school legal entity shall be approved
by the founder. If the founder has ceased its existence or died without a legal successor the
report shall be approved by the court.
(5) With the exception of the case stipulated in Section 125 (4) the liquidator shall offer
the net assets balance resulting from winding up proceedings to free transfer to the region
where the school legal entity being winded up has its registered seat. An agreement on free
transfer of a winding up balance to the region may be entered into only if the region
undertakes to use the total amount of such winding up balance for the provision of education
or school services hereunder. If the region, within thirty (30) days of the delivery of the
aforementioned offer, does not confirm its intention to take the amount of the winding up
balance, the amount in question shall be devolved upon the Czech Republic. The liquidator
shall ensure that the amount of the winding up balance is delivered to the Office for
Representation of the State in Property Matters.
Section 129
The Scope of Powers of the Founder of a School Legal Entity
(1) The founder of a school legal entity shall
a) issue a Deed of Foundation of the school legal entity;
b) decide on alterations and amendments to the Deed of Foundation of the school legal
entity;
c) decide on merger, consolidation, division and dissolution of the school legal entity;
d) appoint and dismiss the head teacher of the school legal entity; and shall determine
his/her salary and/or wage.
(2) The founder of the school legal entity, if it is the Ministry, a region, a municipality or a
union of municipalities, shall further
a) approve the budget of a school legal entity;
b) approve an improved economic result of the school legal entity;
c) approve the creation of other funds of the school legal entity not stipulated in Section
137 (2) and the manner of their use;
(3) The founder of the school legal entity, if it is another legal or natural person under
Section 124 (2) (b), shall further appoint and dismiss members of the Board of the school
legal entity or shall specify in the Deed of Foundation a different manner of their appointment
or dismissal.
(4) The founder of the school legal entity, if it is another legal or natural person under
Section 124 (2) (b), may in the Deed of Foundation delegate his/her powers stipulated in subsection
1 (b), (c) and (d) to the Board of the school legal entity.
(5) If the founder of the school legal entity ceases its existence or dies, and if such a
founder is another legal or natural person under Section 124 (2) (b) without a legal successor,
the powers of the founder stipulated in sub-section 1 shall be devolved upon the Board of the
school legal entity.
Section 130
Bodies of a School Legal Entity
(1) The head teacher shall be the authorised body of a school legal entity established by
the Ministry, a region, a municipality or a union of municipalities.
(2) The head teacher and the Board shall be the authorised bodies of a school legal
entity established by another legal or natural person under Section 124 (2) (b).
Section 131
Head Teacher
(1) The head teacher shall be a statutory body of a school legal entity. The head teacher
shall decide on matters concerning the school legal entity unless stipulated otherwise herein.
(2) The head teacher of a school legal entity established by the Ministry, a region, a
municipality or a union of municipalities shall be appointed and dismissed by the founder
upon conditions and according to the procedure stipulated in Section 166.
(3) The head teacher of the school legal entity established by another legal or natural
person under Section 124 (2) (b) shall be appointed and dismissed by the founder on the
proposal of the Board or by the Board in cases stipulated in Section 129 (4) and (5) upon
conditions and according to the procedure stipulated in Section 166.
(4) The head teacher of the school legal entity established by another legal or natural
person under Section 124 (2) (b)shall be accountable for his/her activities to the Board.
(5) The head teacher of the school legal entity established by another legal or natural
person under Section 124 (2) (b) shall
a) submit to the Board the draft budget of the school legal entity and its alterations, the
draft mid-term forecast of its funding, and draft annual financial statements;
b) submit to the Board the draft internal compensation regulation and the Rules of
Organisation of the school legal entity;
c) submit to the Board proposals for alterations of the Deed of Foundation and after these
have been discussed by the Board they shall be submitted to the Founder;
d) submit to the Board, for its approval, proposals of legal acts which, in compliance with
Section 132 (2), must be approved by the Board;
e) participate in sessions of the Board, having an advisory vote.
Section 132
Board
(1) The Board shall
a) ensure that the purpose for which the school legal entity has been established is
maintained and shall take care of due assets management, including financial means;
b) approve actions taken on behalf of the school legal entity prior to its establishment and
registration;
c) approve the budget of the school legal entity and its alterations, the mid-term forecast of
its funding, and annual financial statements;
d) approve the Rules of Procedure, the internal compensation regulation and the Rules of
Organisation of the school legal entity;
e) discuss amendments to the Deed of Foundation;
f) propose to the Founder a merger, consolidation or division of the school legal entity and
give its opinion on the intention of the founder to merge, consolidate, divide or dissolve
the school legal entity;
g) decide on the subject, conditions and scope of additional activities of the school legal
entity;
h) approve the creation of other funds of the school legal entity not stipulated in Section
137 (2) and the manner in which these shall be managed;
i) approve an improved economic result of the school legal entity.
(2) Furthermore, the advance consent of the Board shall be required for legal acts
through which the school legal entity shall
a) acquire or transfer title to real estate;
b) acquire or transfer title to intangible assets the price of which exceeds more than twentyfive
times the amount which is considered, in accordance with a special legal
regulation29
, to be a basic price for tangible assets;
c) encumber the assets with debts, in particular establish an easement or the pre-emptive
right;
d) establish another legal person or acquire an interest in an existing legal person, unless
excluded herein; and
e) provide a cash or non-cash contribution to the legal person established by the school
legal entity or to any other legal person, unless excluded herein.
(3) The Board shall not approve a legal act stipulated in sub-section 2 if it contradicts
the requirement of the due use of assets of the school legal entity or if such a legal act could
endanger the due operation of the principal activity of the school legal entity . A legal act
stipulated in sub-section 2 shall not be valid without a prior consent of the Board.
(4) The Board shall have a minimum of three (3) and a maximum of fifteen (15)
members. The number of Board members shall be specified by the founder in the Deed of
Foundation of the school legal entity.
(5) The founder shall appoint and dismiss the Board members unless stipulated
otherwise in the Deed of Foundation. In the case that the founder ceases its existence or dies
without a legal successor the Ministry shall appoint and dismiss Board members, unless
stipulated otherwise in the Deed of Foundation.
29
Section 26 (2) of Act No. 586/1992 Coll., on Income Taxes
(6) The member of the Board may be a natural person who is fully competent for legal
acts, has not been sentenced by final and conclusive judgement for a wilful criminal offence,
and is neither an employee nor in any other similar relation to the school legal entity.
(7) The Board members shall hold the office for a period of five (5) years.
(8) Membership in the Board shall terminate by
a) the elapse of the time limit specified;
b) resignation;
c) the prerequisites for Board membership under sub-section 6 being no longer satisfied;
d) dismissal, or
e) the death of the member.
(9) A Board member can be dismissed from his/her office if for a period longer than six
(6) months he/she is not be able to hold an office in the Board or he/she repeatedly has not
participated in the Board’s meetings.
(10) The Board shall elect from among its members the Chair who shall call and
manage the Board’s meetings.
(11) The Board may from among its members elect the Vice-Chair who shall be a
deputy of the Chair in his/her absence.
(12) In decision-making the voting rights of Board members shall be equal. Unless the
Deed of Foundation states otherwise, the Board shall have a quorum if a majority of its
members is present and then the Board shall make its decision with a majority of votes of the
present members.
(13) The Board shall hold its session at least twice a year. If the Chair of the Board does
not call the meeting of the Board for a period of one year the meeting may be called by any
other member of the Board. Upon the request of the head teacher the Chair of the Board shall
be obliged to call an extraordinary meeting of the Board. If the Chair of the Board does not
call an extraordinary meeting of the Board within thirty (30) days of the request of the head
teacher the head teacher may call it him/herself.
(14) The Rules of Procedure shall specify other details for activities to be carried out by
the Board.
(15) The Board members may be compensated for holding their office in the Board
from an improved economic result of the school legal entity. The amount of compensation
shall be determined by the founder.
Section 133
Financial Management of a School Legal Entity
(1) Revenues of a school legal entity are, in particular:
a) funding from the state budget;
b) funding from the budgets of territorial self-governing units;
c) income from principal and additional activities;
d) funds received from the founder;
e) charges for education and school services;
f) income from assets in the ownership of the school legal entities; and
g) gifts and heritage.
(2) The budget of the founder shall intermediate relations between the school legal
entity established by a region, a municipality or a union of municipalities and the state budget.
Section 134
Basic Rules for Financial Management of a School Legal Entity
(1) School legal entities shall mange revenues under Section 133 (1), financial means
from their funds, other assets, liabilities, and receivables. School legal entities shall use assets
for the purpose of their principal activities unless stipulated otherwise herein. Financial
management of school legal entities shall be, within their principal activities, governed by
their budgets. The budget of the principal activity of a school legal entity may include only
income and expenses relating to the principal activity of the school legal entity. Income
received from the principal activity of the school legal entity may be used only for carrying
out such principal activity.
(2) An improved economic result of a school legal entity shall be used by this school
legal entity preferably to pay losses incurred from the principal activity of past years and then
only to support and enhance the principal activity.
Section 135
Additional Activity
(1) A school legal entity may in addition to its principal activity carry out additional
activities.
(2) A school legal entity shall, within its additional activities, carry out activities
relating to its principal activity and serving for the better use of expertise of its employees and
assets. Additional activities may not be carried out in a manner which would limit the
principal activity of the school legal entity or endanger its quality, scope, and availability.
(3) Additional activities may not be funded from the funds of the state budget allocated
hereunder with the exception of funds temporarily used to pay the costs of additional
activities which cannot be separated in advance from the costs of the principal activity and
which the school legal entity shall be obliged to return to its budget in the relevant quarter,
however not later than by the end of the relevant budgeting year. Funds received from
additional activities may be, within the relevant calendar year, used only for the payment of
costs of additional activities.
(4) If additional activities cause at the end of a calendar year a loss, the school legal
entity shall be obliged to settle such loss by the end of the following calendar year or the
school legal entity shall be obliged to take measures to terminate additional activities so that
such activities shall not continue after the end of the next calendar year.
Section 136
Other Rules for Financial Management of a School Legal Entity
(1) A school legal entity shall
a) submit to the entity providing the funds a statement on the funds allocated from the state
budget using the procedure set out by a special legal regulation30
;
b) depreciate its assets under a special legal regulation15
;
c) annually draw up an analysis of its financial management upon conditions stipulated
herein or in a special legal regulation31
d) make profit by consolidating the economic outcome of the principal activity and profits
of additional activities after taxes; the economic result shall be created after settling all
funds received from the state budget allocated under Sections 160 through 163;
e) create financial funds from the improved economic result, whilst the improved economic
results shall be created if real income resulting from the principal and additional
activities of the school legal entity after taxes are, together with financial means
received from the founder, higher than its operational costs.
(2) A school legal entity shall not be permitted to
a) establish school legal entities, benevolent societies, or foundations;
b) establish legal persons under the Commercial Code and participate in their business
undertaking;
c) guarantee the liabilities of other persons;
d) provide gifts, with the exception of gifts provided from funds of cultural and social
needs or other financial funds established for social purposes, scholarships for excellent
school results under Section 30 (4), and awards under Section 31 (1).
(3) A school legal entity established by the Ministry, a region, a municipality or a union
of municipalities shall be further prohibited to
a) accept and provide loans without the prior consent of the founder, with the exception of
providing loans from the fund for cultural and social needs, to enter into loan
agreements or accept/issue notes;
b) enter into a hire-purchase agreement without the prior consent of the founder;
c) purchase or, without the prior consent of the founder, accept as a counter-value for its
receivables shares or other securities.
Section 137
Financial Funds of a School Legal Entity
30
Decree No. 531/2002 Coll. laying down rules and deadlines for financial clearing of funds from the state
budget
31
Act No. 306/1999 Coll. on Providing Subsidies to Private Schools, Pre-School and School Facilities, as
amended
(1) A school legal entity may create financial funds.
(2) A school legal entity shall at all times create a reserve fund and investment fund; a
school legal entity established by the Ministry, a region, a municipality or a union of
municipalities shall also create a fund for cultural and social needs.
(3) The reserve fund shall preferentially serve to cover loss resulting from the principal
activities of previous years and to support and enhance the principal activity.
(4) The investment fund shall preferentially serve to fund the investment needs of the
school legal entity. The investment fund shall be also created by the depreciation of assets
under a special legal regulation15
.
(5) Balances of financial funds shall be, after the end of a year, transferred to the next
year.
Section 138
Fund for Cultural and Social Needs
(1) The fund for cultural and social needs shall be created by basic contribution on the
account of expenses of the school legal entity established by the Ministry, a region, a
municipality or a union of municipalities from the year’s volume of expenses for salaries and
reimbursement of salaries or for wages and reimbursement of wages and for compensation for
being on call, for special bonuses and other compensations for work performed.
(2) The money shall be added to the fund for cultural and social needs as advance
deposits from the annually planned amount in compliance with its approved budget. Clearing
of the real basic contributions shall be made within the final annual accounts.
(3) The fund for cultural and social needs shall be used for ensuring cultural, social and
other needs of employees having employment contracts with the school legal entity and their
family members, pensioners who, when retiring for the first time or becoming fully disabled,
had employment contracts with the school legal entity or with the relevant District Office
provided that they were assigned work at the school or school facility which was not a legal
entity or a legal person prior to its change of form to become a school legal entity.
(4) School legal entities established by the Ministry, a region, a municipality or a union
of municipalities may combine money from the fund for cultural and social needs upon an
Agreement on the Combination of Funds.32
(5) The Agreement on the Combination of Funds must stipulate that each school legal
entity shall be obliged to use combined funds adequately to its share of deposited finance.
(6) The Agreement on the Combination of Funds must also regulate who shall be
authorised to use the account in which combined funds are deposited and the manner of how
such combined funds will be settled in the case that some of the school legal entities merge,
consolidate, divide or terminate their activities or are expelled from or cease to be a member
32
Section 826 and the following of Act No. 40/1964 Coll., the Civil Code, as amended
of the association, and in the case that the Agreement on the Combination of Funds is
terminated.
(7) If the Agreement on the Combination of Funds does not satisfy details stipulated in
sub-sections 5 and 6 it shall be void from the very beginning.
(8) Combined funds shall be maintained in a special account to which unused balances
shall be transferred and used in next years. Interest earned on this account shall be income
charged to this account whilst bank charges shall be expenses of the account.
(9 Details on other income, amounts and the manner of financial management shall be
governed by the Decree of the Ministry of Finance regulating the fund for cultural and social
needs of organisations established by municipalities or regions and partially covered from the
state budget.33
Section 139
Accounting
(1) A school legal entity shall maintain accounting under special legal regulations34
. A
school legal entity shall be included, within accounting units under a special legal
regulation35
, among other legal persons whose principal activities are not business
undertaking.
(2) A school legal entity shall consistently separate in its accounting the revenues and
costs of its principal activity from the revenues and costs of its additional activities.
Section 140
Relation of a School Legal Entity to Assets
A school legal entity shall use for its activities
a) its own assets;
b) assets borrowed or rented from the founder or any other person.
PART THIRTEEN
REGISTER OF EDUCATIONAL FACILITIES
Section 141
Content of the Register of Educational Facilities
33
Decree No. 114/2002 coll. on the Fund for Cultural and Social Needs as amended by Decree No. 510/2002
Coll.
34
Act No. 563/1991 Coll., as amended. Decree No. 504/2002 Coll. implementing some provisions of Act No.
563/1991 Coll. on Accounting, as amended, for accounting units whose principal subject of activities is not
business undertaking, if such units use double-entry accounting.
35
Section 14 of Act no. 563/1991 Coll. as amended by Act No. 353/2001 Coll.
(1) The Register of Educational Facilities shall be a public list containing
a) the Register of Schools and School Facilities;
b) the Register of School Legal Entities.
(2) Every person shall be entitled to go through the data included in the Register of
Schools and make extracts. Upon request the body maintaining the Register of Educational
Facilities shall issue an official extract of the data included in the Register of Educational
Facilities. The provision of information under the Act on Free Access to Information shall not
be prejudiced.
(3) The body maintaining the Register of Educational Facilities shall provide free of
charge the data from the Register of Educational Facilities to the Czech Statistical Office.
(4) The Ministry shall also publish the Register of Educational Facilities in an
electronic form on its web sites. Such form shall be for information purposes only.
Register of Schools and School Facilities
Section 142
Effects of a Record in the Register of Schools and School Facilities
(1) After the record of a school or a school facility in the Register of Schools and
School Facilities has come into force the school legal entity carrying out the activities of a
school or school facility shall be entitled to provide education and school services and shall
have the right to issue documents on education stipulated herein and in the scope of this
record.
(2) After the record of a school or a school facility in the Register of Schools and
School Facilities has come into force the school legal entity carrying out the activities of a
school or school facility shall be entitled to the allocation of funds from the state budget or the
budget of the relevant territorial self-governing unit upon the conditions stipulated herein and
in the scope of the record.
Section 143
Maintaining the Register of Schools and School Facilities
(1) Regional Authorities shall maintain in the Register of Schools and School Facilities
data on nursery schools and school facilities with the exception of nursery schools and school
facilities listed in sub-section 2.
(2) The Ministry shall maintain in the Register of Schools and School Facilities data on
nursery schools and school facilities established by the Ministry, on other schools, on school
facilities for the further education of pedagogical staff, school facilities for the execution of
institutional or protective education or for preventative educational care, and on school
facilities established for special purposes, namely for organising vocational training.
(3) Regional Authorities shall supply the Ministry with the data from the Register to be
maintained and published by the Ministry.
Section 144
Data from the Register of Schools and School Facilities
(1) The following data shall be entered into the Register of Schools and School
Facilities:
a) the kind and type of school or school facility and their identifier within the
MinistryA)
;
b) the name, seat, identification number, legal form and identifier within the Ministry of
the legal person carrying out the activities of a school or a school facility;
c) if the founder is a legal person, the name, seat and identification number and the legal
form of the founder of the school legal entity or an organisation partially covered from
the state budget; if the founder is a natural person the name and surname, nationality, the
place of permanent residence, and the date of birth of the founder;
d) the list of fields of education including the forms of education or the list of school
services;
e) the maximum permitted number of children, pupils, and students at the school and
school facility including their branches, the number of beds, persons having meals at
school canteens classes, groups or other similar units specified in the decision on
entering a record in the Register of Schools and School Facilities;
f) the maximum permitted number of pupils and students in individual fields of education
and forms of education;
g) a description of the place where education or school services shall be provided;
h) the language of instruction, unless it is the Czech language;
i) the name, surname and date of birth of the head teacher of the school or the school
facility;
j) the name and surname, the place of permanent residence and the date of birth of a
person or persons who is/are statutory body(ies) of the legal person carrying out
activities of a school or a school facility;
k) the time limit for which the school legal entity carrying out activities of a school or a
school facility has been established; and
l) the date of record and the date of commencement of activities of the school or the school
facility.
(2) The sum of the maximum permitted number of pupils and student in individual
fields of education registered in the Register of Schools and School Facilities may be higher
than the maximum permitted number of pupils and students at the school. In providing
education at school neither the maximum permitted number of pupils and students in
individual fields of education nor the maximum permitted number of pupils and students may
be exceeded.
Section 145
Parties to the Proceedings
(1) A party to proceedings relating to the Register of Schools and School Facilities shall
be a movant. In the case of a school legal entity and an organisation partially covered from the
state budget the movant shall be the founder. The movant shall be a legal person carrying out
the activities of a school or a school facility. In the case of an organisation partially covered
from the state budget the movant may also be the founder. If the movant is an organisation
partially covered from the state budget the consent of its founder shall be a part of the
proposal.
(2) If the legal person which will carry out the activities of a school or a school facility
has not yet been established, its establisher, founder or any other person who in compliance
with legal regulations shall act on behalf of the legal person prior to its establishment shall be
a movant.
Section 146
Filing an Application for Registering a School or a School Facility
(1) An application for registering a school or a school facility in the Register of Schools
or School Facilities for the following school year shall be filed with the Regional Authority
having local jurisdiction at the place of the seat of the legal person which will carry out the
activities of a school or school facility not later than on 30 September. In the case of schools
and school facilities the Register of which is maintained by the Ministry this shall be not later
than on 30 November.
(2) The body maintaining the Register of Schools and School Facilities may, in
exceptional cases deserving special consideration, waive a failure to file the application within
the time limit stipulated in sub-section 1 or may decide on retrospective effect of the
recording of the school or school facility in the Register.
Section 147
Details of the Application for Registering a School or a School Facility
(1) The application for registering a school or a school facility in the Register shall
contain the following data and documents:
a) the kind and type of school or school facilityA)
;
b) the name, seat, and legal form of the legal person which will carry out the activities of a
school or a school facility, and its identification number, if available;
c) the name and surname, nationality, the place of permanent residence and the date of
birth of the person or persons who is/are a statutory body of the legal person concerned;
d) if the founder is a legal person, the name, registered seat, legal form and identification
number of the founder of the school legal entity or the organisation partially covered
from the state budget; if the founder is a natural person then the name and surname,
nationality, the place of permanent residence, and the date of birth of the founder;
e) if the founder is a legal person, the name and surname, nationality, and the place of
permanent residence of a person or persons who is/are a statutory body of the founder of
the school legal entity; however this provision shall not apply provided that the founder
is the Ministry, a region, a municipality or a union of municipalities;
f) the framework description of personnel, assets and funding of activities of the school or
school facility with regard to the requirements of the Framework Educational
Programme, if applicable;
g) the document certifying the ownership title and right of the legal person who will carry
out the activities of a school or a school facility to use a facility where education or
school services shall be provided;
h) the opinion of the relevant body of the protection of public health and of the
construction authority certifying that the relevant facility may be used for the purpose
proposed, including the maximum number of persons who may be educated or provided
school services in such a facility;
i) the document certifying the establishment or foundation of the legal person who will
carry out the activities of a school or a school facility;
j) the document certifying the registration of the legal person who will carry out the
activities of a school or a school facility, unless it is a school legal entity;
k) a list of fields of education, including the forms of education in the case of a school; and
the list of school services in the case of a school facility; the document on accreditation
of educational programmes in the case of a tertiary professional school;
l) the name and surname, the date of birth of the head teacher or the director of a school
facility, the document appointing him/her to the office, and documents certifying that
he/she has satisfied qualifications for carrying out the office of the head teacher of a
school or director of a school facility under a special legal regulation2
;
m) the maximum proposed number of children, pupils, and students at school or school
facility including their branches, in individual fields of education and forms of
education, beds, persons having meals at school canteens, classes, groups, or other
similar units;
n) an affidavit made by the founder of the school legal entity or organisation partially
covered from the state budget that the founder in question is not bankrupt and
composition or is not being wound up, and has fulfilled obligations relating to the
payment of taxes, social security contributions or health security contributions, and
within the last three years the entity established by the founder concerned was not
removed from the Register of Educational Facilities due to reasons stipulated in Section
150 (1) (c) through (f); the aforementioned shall also apply to persons who are a
statutory body of other legal persons who will carry out the activities of schools or
school facilities;
o) the date of commencement of activities of the school or school facility;
p) the opinion of the municipality in the territory of which the basic school or basic artistic
school shall carry out their activities, unless the municipality is the founder; and
q) the opinion of the region in the territory of which the basic school or basic artistic school
shall carry out their activities, unless the region is the founder.
(2) The documents and data under subsection 1, letters g), h) and l) may be submitted
additionally however not later than on the date on which the activities of the school or school
facility are to be commenced. The document certifying the registration of the legal person
who will carry out the activities of a school or a school facility may be, in the case that it is a
part of the proposal for registering this legal person to the Register of Companies or any other
similar register, submitted additionally however not later than on the date on which the
activities of the school or school facility are to be commenced. The decision on the entry of
the school or school facility into the Register of Schools and School Facilities shall come into
force after all missing documents are submitted to the body maintaining the Register of
Schools and School Facilities.
(3) If there are simultaneous proceedings relating to the registration of more schools or
school facilities the activities of which shall be carried out by one legal person and the
registration of which is maintained by one body, the data and documents which are common
for such proceedings shall be submitted only once.
Section 148
Assessment of the Application for Registering a School or a School Facility
(1) The body maintaining the Register of Schools and School Facilities shall decide on
the application for registering a school or a school facility within ninety (90) days of the
delivery of the application.
(2) The body maintaining the Register of Schools and School Facilities shall refuse to
register a school or a school facility if the application does not meet the requirements of data
stipulated herein and such deficiencies have not been upon the request of the body in question
rectified within the specified time limit.
(3) The body maintaining the Register of Schools and School Facilities shall refuse
partially or fully to register a school or a school facility if by assessing the application it
ascertains that
a) the application is not in compliance with a long-term goal of education and development
of the educational system in the Czech Republic and of the relevant region;
b) absence of the preconditions for the due execution of activities of a school or a school
facility in terms of personnel, material, and financial conditions; or
c) the application contains incorrect data or activities to be carried out by the school or
school facility would not be in compliance with legal regulations.
(4) Unless there are reasons for making decision under sub-sections 2 and 3 the body
maintaining the Register of Schools and School Facilities shall grant the application.
(5) In the case that the Ministry grants an application for registering a secondary or
tertiary professional school and registering the areas of education such school will teach, the
Ministry shall, not later than within five (5) days of the date on which such decision came into
force, refer the application to the relevant Regional Authority in order to decide on the
maximum number of pupils or students in individual fields of education and forms of
education. The Regional Authority shall make a decision not later than within thirty (30) days
of the delivery of the application in compliance with sub-sections 2 through 4. The Regional
Authority shall send the decision under the previous sentence to the Ministry for its
information and for publication.
Section 149
Recording of Alterations of the Registered Data
(1) Section 146 shall apply accordingly to applications to alter registered data stipulated
in Section 144 (1) (d) through (f), however it is always the Regional Authority which shall
decide on alterations of registered data stipulated in Section 144 (1) (f).
(2) An application for alteration of registered data stipulated in Section 144 (1) (b), (c),
(g), (i) and (j) shall be submitted to the body maintaining the Register of Schools and School
Facilities within thirty (30) days of the date on which the alteration concerned occurred.
(3) The application for alteration of registered data shall contain merely the data and
documents directly relating to the relevant alteration. Documents stipulated in Section 147 (1)
(p) and (q) shall be required only in the event of an alteration of data stipulated in Section 144
(1) (d), (e) and (f).
(4) The provisions of Section 148 shall apply accordingly to assessing an application
for alteration of registered data and the body maintaining the Register shall decide on
recording the alterations stipulated in sub-section 2 within thirty (30) days of the delivery of
the application.
(5) The proceedings relating to alterations of registered data may be commenced
without a proposal if conformity between the record in the Register and the actual situation is
to be achieved.
Section 150
Removal from the Register of Schools and School Facilities
(1) The body maintaining the Register of Schools and School Facilities shall remove a
school or a school facility from the Register of Schools and School Facilities
a) upon the request of the movant ;
b) after the time limit for which the legal person carrying out activities of a school or a
school facility was established has elapsed;
c) if a school or a school facility does not provide education in compliance with principles
and rules stipulated in Section 2 or by the educational programmes stipulated in Section
3;
d) if the legal person carrying out activities of a school or a school facility grossly or
repeatedly violates legal provisions relating to the provision of education and school
services;
e) if the legal person in three subsequent school years does not carry out the activities of
the school or school facility registered in the Register;
f) if the legal person carrying out the activities of a school or a school facility stated in the
application for its record in the Register or in the application for altering the registered
data incorrect data decisive to approving the recording of the school or school facility
into the Register or to approving alterations to registered data, or if the changes which
occurred do not allow registration of the school or school facility or registration of
alterations of the registered data; or
g) in the case that the tertiary professional school does not have any accredited educational
programme.
(2) The provisions of sub-section 1 shall apply accordingly to the removal of data
stipulated in Section 144 (1) (d), (e) and (f).
(3) Proceedings on removal shall be also commenced upon the proposal of the Chief
School Inspector under Section 175 (5).
Section 151
(1) During proceedings on removal from the Register the body maintaining the Register
of Schools and School Facilities shall decide on measures to prevent the uneconomical use of
funds from the state budget allocated hereunder.
(2) The legal person who carried out the activities of a school or a school facility shall
cease to be entitled to provide education or school services and to issue documents on
certifying education stipulated herein on the date on which the decision of removal from the
Register comes into force, specifically in the scope of such removal. At the same time the
allocation of funds from the state budget or the budget of the territorial self-governing unit
shall not be provided with regard to the scope of such removal.
(3) If the school or field of education is removed from the Register of Schools or
School Facilities the legal person who carried out the activities of the school or school facility
or its founder shall ensure that pupils and students may continue education in the same or
similar area of education and shall provide them with the evaluation results for the unfinished
school year.
(4) If the school where pupils satisfy their compulsory school attendance is removed
from the Register of Schools and School Facilities the municipality where the school carried
out its activities shall ensure, acting in accordance with the relevant Regional Authority, that
pupils shall attend another school providing compulsory school attendance.
Section 152
Proceedings concerning Registration of Schools and School Facilities Established by the
Ministry of the Interior, Ministry of Justice, and the Ministry of Defence
(1) Registration of schools and school facilities established by the Ministry of the
Interior, Ministry of Justice, and the Ministry of Defence in the Register of Schools and
School Facilities, alterations of registered data and removal of records from the Registers
shall be carried out by the Ministry upon the notification of the founders of such schools and
school facilities.
(2) With regard to schools and school facilities established by the Ministry of the
Interior, Ministry of Justice, and the Ministry of Defence, the Register shall reasonably
include the data stipulated in Section 144 (1) with the exception of the data stipulated under
letter (e) and (f).
(3) The notification upon which the records in the Register of Schools and School
Facilities are made shall reasonably contain the data stipulated in Section 147 (1) (a) through
(e), (i) through (l) and (o).
(4) The Ministry shall notify the founder and the organisational unit of the state
carrying out the activities of a school or school facility on the registration of the school or
school facility in the Register, the registration of altered data, and removal from the Register.
(5) Section 142 (1) and the first sentence of Section 151 (2) shall apply accordingly to
proceedings in matters concerning the registration of schools and school facilities established
by the Ministry of the Interior, Ministry of Justice, and the Ministry of Defence.
Register of School Legal Entities
Section 153
(1) The Ministry shall maintain the Register of School Legal Entities.
(2) The data included in the Register of School Legal Entities shall be effective from the
date of its publication.
(3) A person whom a record in the Register of School Legal Entities concerns may not
raise objections as to the verity of the record against a person who acts in confidence with
respect to that record
(4) The Ministry shall publish, without undue delay, any record in the Register of
School Legal Entities, any record of alterations of registered data, and any removal from the
Register.
Section 154
(1) The following data shall be included in the Register of School Legal Entities:
a) the name, seat, identification number, legal form and identifier within the Ministry of
the legal person;
b) if the founder is a legal person, the name, seat and identification number, the legal form
and statutory body of the founder; if the founder is a natural person the name and
surname, nationality, the place of permanent residence and the date of birth of the
founder;
c) the name, surname and date of birth of the director of the school legal entity, the date of
his/he appointment and/or dismissal;
d) the name, surname and date of birth of members of the Board of the school legal entity
if it has been established hereunder;
e) the subject of additional activities of the school legal entity which have been approved;
f) the date of registration of the school legal entity;
g) the time period for which the school legal entity has been established;
h) the date on which the school legal entity was dissolved and the reason for such
dissolution;
i) commencement of the school legal entity in winding up proceedings and the name,
surname and the place of permanent residence of or the name and the seat of the
liquidator;
j) adjudication of bankruptcy proceedings and the name, surname and the place of
permanent residence of or the name and the seat of the bankruptcy trustee;
k) rejection of a proposal for adjudication of bankruptcy proceedings for insufficient assets,
cancellation of bankruptcy proceedings as a result of compliance with the resolution to
distribute the assets, or cancellation of bankruptcy proceedings because the assets of the
school legal entity cannot cover the costs of the bankruptcy proceedings;
l) the day on which the school legal entity ceased its existence;
m) alteration or cessation of existence of the registered data.
(2) In the case of a merger or consolidation of a school legal entity with another school
legal entity or in the case of division into several school legal entities, the date of the relevant
change shall be included, and in the case of school legal entities which have ceased their
existence the record shall include that it ceased its existence by division, merger or
consolidation along with the name, seat and identification number of the succession school
legal entity or entities. With regard to the successor of a school legal entity the following data
shall be registered:
a) in the case of division, in addition to the data recorded in registration, the fact that it has
been established by division and the name, seat, identification number of the school
legal entity by the division of which it came into existence;
b) in the case of consolidation the name, seat, identification number and Ministry’s
identifier of the school legal entity(ies) and respective changes in recorded data on the
succession school legal entity;
c) in the case of merger, in addition to the data recorded within the original registration the
information that the school legal entity has come into existence by merger, as well as
the name, seat, identification number and Ministry’s identifier of the school legal entity
by the merger of which it came into existence.
(3) If the record is made upon a court’s decision the relevant data shall be included in
the Register of School Legal Entities without a decision issued by a relevant authority on
permitting such record.
Section 155
(1) The integral part of the Register of School Legal Entities shall be the
Collection of Deeds containing:
a) the Deed of Foundation of the school legal entity and its modifications;
b) a document on appointing, recalling or otherwise terminating the office of a person
who is a director of the school legal entity, a member of the Board of the school legal
entity established by another legal person or a natural person under Section 124 (2)
(b), or a liquidator;
c) a decision on dissolution of the school legal entity;
d) a decision or agreement on the change of the school legal entity under Section 127 or
the decision on the change of a legal form under Sections 187 through 190;
e) a report on the liquidation proceedings of the school legal entity and the report on how
the assets or liabilities will be used respectively;
f) a decision issued by a court under the Act on Bankruptcy and Composition.
(2) The Ministry shall maintain a separate file for each recorded school legal entity in
the Collection of Deeds.
(3) If a certain fact has been recorded in the Register of School Legal Entities but a
corresponding deed has not been filed in the Collection of Deeds, after finding this deficiency
the Ministry shall be obliged to make a record of such fact in the Collection of Deeds and
invite the authorised person to file the deed in the Collection of Deeds without undue delay.
(4) If the deed to be filed in the Collection of Deeds is not written in the Czech language
the Ministry shall be entitled to require an officially authenticated translation of such deed
into the Czech language.
Section 156
(1) A movant and founder shall be parties to proceedings relating to the Register of
School Legal Entities. With regard to records of persons who are recorded in the Register
within the registration of a school legal entity under Section 154 such persons shall also be
parties to the proceedings.
(2) A movant shall be a school legal entity. If a school legal entity has not yet been
established, its founder shall be a movant.
Section 157
(1) The application for registration of a school legal entity in the Register of School
Legal Entities shall be submitted along with the application for registration of a school or a
school facility in the Register of Schools and School Facilities upon the conditions and
procedure stipulated in Section 146. In assessing all applications the data and documents
contained in the application under Section 147 shall be taken into account.
(2) The application for registration of a school legal entity established as a result of a
division or merger of school legal entity(ies) shall be submitted, without undue delay, after
the founder has issued the relevant decision; the application shall contain the data to be
recorded in the Register and the deeds to be filed in the Collection of Deeds. Removal of the
record on the school legal entity to cease its existence and registration of the school legal
entity to be established may be done only on the same date.
(3) The Ministry shall register a school legal entity in the Register provided that the
Ministry simultaneously permits the registration of the school or school facility in the Register
of Schools and School Facilities or in the case stipulated in sub-section 2 registration of the
change in the Register of Schools and School Facilities. The aforementioned shall apply
accordingly to cases when the registration of the school or school facility in the Register of
Schools and School Facilities has been approved by a relevant Regional Authority. In the
contradictory case the Ministry shall reject the application.
Section 158
The Ministry shall remove a school legal entity from the Register of School Legal
Entities
a) if a school legal entity established by the Ministry, a region, a municipality or union of
municipalities has been dissolved;
b) if a school legal entity has been dissolved as a result of its division, consolidation or
merger and if the decision on registration of the succession school legal entity(ies) in
the Register of School Legal Entities was taken at the same time;
c) after winding up a school legal entity in the case that the cessation of existence of the
school legal entity was preceded, in compliance with Section 126 (2), by its
dissolution with winding up;
d) if a school legal entity was dissolved due to the reason stipulated in Section 126 (3)
(e).
Section 159
(1) Movant shall be obliged to submit without undue delay applications for registering
the changes in recorded data and applications for removing a school legal entity from the
Register. The application must contain the data and documents directly concerning the
proposed change or removal as well as deeds which are to be filed in the Collection of Deeds.
(2) The registration of any change in recorded data or removal of a school legal entity
from the Register shall be done on the date specified in the application. If the decision on
registering the change or on removal comes into effect later or if the application does not
contain the date as of which the registration of the change or removal is to be done then the
registration of the change or removal shall be done on the date on which such decision shall
come into effect.
(3) Proceedings relating to the registration of any change in recorded data and
proceedings relating to the removal of a school legal entity from the Register may also be
commenced without any proposal, if compliance between the record in the Register and actual
status is to be achieved.
(4) The Ministry shall decide on registering any change in recorded data and on
removal of a school legal entity from the Register within thirty (30) days from the date on
which the proceedings were commenced.
(5) The Ministry shall notify the relevant tax authority, the authority carrying out
national statistical services, and the authority which issued the respective trade licence or any
other business licence, of the registration of a school legal entity, registration of any changes
to recorded data, and removal of a school legal entity from the Register, not later than within
one (1) week from the date of registration.
PART FORTEEN
FINANCING SCHOOLS AND SCHOOL FACILITIES FROM THE STATE BUDGET
Section 160
(1) Funds from the state budget shall be provided, conditional upon this Act, for
activities of
a) schools and school facilities established by the Ministry to be used for salaries,
compensation of salaries or wages and compensation of wages, for compensation for
being on call, compensation for work carried out on the basis of agreement on work
other than work performed under employment contracts and redundancy payments, for
expenses to be used for covering welfare fees and contributions for the national
employment policy and for covering health insurance fees, contributions to the Fund for
Cultural and Social Needs and other expenses resulting from legal relations, for
necessary expenditures relating to teaching disabled children, pupils and students, for
expenses for teaching aids, educational aids and textbooks if they are, in accordance
with this Act, provided free, for expenditures for the further education of pedagogical
staff, for activities directly relating to the development of schools and the quality of
education, as well as for other necessary non-investment expenditures relating to the
operation of schools and school facilities and for investment expenditures included in
the programme under a special legal regulation;36
b) schools and school activities established by registered churches or religious societies
which are authorised to established church schools6
, with the exception of language
schools authorised to organise state language examinations stipulated under letter a),
except for expenditures used for acquisition and material improvement of long-term
assets; such exception shall not apply to expenditures for teaching aids;
c) schools and school facilities established by municipalities or unions of municipalities,
with the exception of educational facilities and school boarding facilities under Section
117 (1) (c) and language schools authorised to organise state language examinations, to
be used for salaries, compensation of salaries or wages and compensation of wages for
compensation for being on call, compensation for work carried out on the basis of
agreements on work other than work performed under employment contracts and
redundancy payments, for expenses to be used for covering welfare fees and
contributions for the national employment policy and for covering health insurance fees,
contributions to the Fund for Cultural and Social Needs and other expenses resulting
from legal relations, for necessary expenditures relating to teaching disabled children,
pupils, and students, for expenses for teaching aids, educational aids and textbooks if
they are, in accordance with this Act, provided free, as well as expenditures for the
further education of pedagogical staff, and on activities directly relating to the
development of schools and the quality of education;
d) schools and school facilities established by regions, with the exception of language
schools authorised to organise state language examinations and educational facilities and
school boarding facilities under Section 117 (1) (c), to be used for salaries,
compensation of salaries or wages and compensation of wages, for compensation for
being on call, compensation for work carried out on the basis of agreements on work
other than work performed under employment contracts and redundancy payments, for
expenses to be used for covering welfare fees and contributions for the national
employment policy and for covering health insurance fees, contributions to the Fund for
Cultural and Social Needs and other expenses resulting from legal relations, for
necessary expenditures relating to teaching disabled children, pupils and students, for
expenses for teaching aids, educational aids and textbooks if they are, in accordance
with this Act, provided free, as well as for expenditures for the further education of
pedagogical staff, and on activities directly relating to the development of schools and
the quality of education.
36
Act No. 218/2000 Col., on Budgeting Rules and on the Amendment to Some Other Related Acts (the
Budgeting Rules), as amended
(2) Funds from the state budget shall be provided for activities of schools and school
facilities which are not established by the state, a region, a municipality or a union of
municipalities or by a registered church or religious society authorised for establishing church
schools6
in the scope of and conditional upon a special legal regulation.31
(3) Funds from the state budget under sub-sections 1 and 2 shall be provided on
the basis of the real number of pupils or students at a school or school facility, in
individual educational fields and forms, on the basis of the number of beds and persons
having meals, stated in the School Register valid for the relevant school year, or on the
basis of other units specified by a special legal regulation34a)
however only up to the
maximum permitted number of children, pupils, or students at the school or school
facility, in individual educational fields and forms, or up to the maximum permitted
number of beds and persons having meals, or other units specified by a special legal
regulation34a)
stated in the Register of Educational FacilitiesA)
. The real number under the
first sentence shall also include foreign nationals who are, pursuant to Section 20 (1) and (3),
provided education or school services under the same conditions as citizens of the Czech
Republic.
(4) Funds beyond the amount of funds from the state budget provided under subsections
1 and 2 shall be covered by legal persons carrying activities of schools and school
facilities, from other financial sources, in particular from their own income or from funds
provided by the founder or by other persons respectively.
Section 161
Financing Schools and School Facilities Established by Self-Governing Territorial Units
(1) The Ministry shall specify republic-wide regulatory standards for amounts of
expenses under Section 160 (1) (c) and (d) determined for the education of and school
services for one child, pupil, or student of each relevant age category within pre-school, basic,
secondary, and tertiary professional education in a calendar year and shall publish these in the
Journal.
(2) The Regional Authority shall specify regional regulatory standards for amounts of
expenses under Section 160 (1) (c) and (d) determined for one unit of output in a calendar
year under conditions stipulated in an implementing legal regulation and shall publish these.
One unit of output shall be one child, pupil, student, accommodated person, person
having meals at school, bed, class, study group or department, or any other unit
specified by a special legal regulation 34a)A)
. Regional regulatory norms shall include
compensation for special educational needs of children, pupils and students.
(3) In specifying regional regulatory standards the Regional Authority shall take into
account in particular
a) the long-term objectives of education and development of the school system in the
relevant region;
b) framework educational programmes or accredited educational programmes for tertiary
professional education;
c) the scope of direct teaching, direct educational, direct special educational needs or direct
pedagogic-psychological activities; and
d) the number of learners at classes, study groups and departments of individual schools
and school facilities.
(4) The Ministry shall specify by a special legal regulation the classification of regional
regulatory standards, indicators decisive for their specification, units of output for individual
regional regulatory standards relations between indicators and units of output, indicators for
calculating the minimum level of regional regulatory standards and principles for their
increase and publication.
(5) On the basis of republic-wide regulatory standards under subsection 1 the Ministry
shall break down subsidies to be provided to Regional Authorities37
and shall transfer the
funds earmarked from the state budget to the special account of a region where such funds are
to be used for the activities of
a) schools and school facilities established by regions and for expenses stipulated in
Section 160 (1) (d);
b) schools and school facilities established by municipalities or unions of municipalities
and for costs stipulated in Section 160 (1) (c).
(6) The relevant Regional Authority exercising powers of the state with the approval of
the regional assembly through regional regulatory standards and in compliance with principles
specified by the Ministry under Section 170 (b) shall
a) break down and provide legal persons carrying out activities of schools and school
facilities established by the regionA)
with funds under Section 160 (1) (d);
b) break down and directly provide with funds under Section 160 (1) (c) legal persons
carrying out activities of schools and school facilities established by municipalities or
unions of municipalities. In so doing, the Regional Authority shall take into account
proposals submitted by municipal councils of municipalities with an extended scope of
powers. The Regional Authority shall notify municipal councils of municipalities with
an extended scope of powers on the break-down of funds under the first sentence.
(7) The relevant municipal council of a municipality with an extended scope of powers
shall
a) draw up draft break-downs of budgets of funds from the state budget provided under
sub-section 6 (b) in compliance with principles specified by the Ministry pursuant to
Section 170 (c) and regional regulatory standards and shall submit them to the relevant
Regional Authority;
b) draw up and submit to the relevant Regional Authority analyses of utilisation of funds
from the state budget provided under sub-section 6 (b) in accordance with guidelines
and procedures specified by the Ministry pursuant to Section 170 (d).
(8) A Regional Authority shall
a) settle and clear funds from the state budget which were provided for the activities of
schools and school facilities under sub-section 6 and under instructions specified by the
Ministry pursuant to Section 170 (e) and a procedure specified by a special legal
37
Section 7 (1) (c) of Act No. 218/2000 Coll.
regulation30
and shall submit the results of financial settlement and clearing to the
Ministry;
b) summarise annual financial statements of legal persons carrying out activities of schools
and school facilities established by regions, municipalities and unions of municipalities
within the jurisdiction of the relevant Regional Authority; and
c) draw up and evaluate analyses of the utilisation of funds from the state budget provided
under sub-section 6 (a) in accordance with guidelines and procedures specified by the
Ministry pursuant to Section 170 (d) and (e).
(9) A legal person carrying out activities of a school or school facility established by a
municipality or a union of municipalities shall draw up and submit to the Municipal
Council of a municipality with extended scope of powers an analysis of the use of funds
from the state budget provided under sub-section 6 (b) in accordance with the chart of
accounts and procedure specified by the Ministry under Section 170 (d). A legal
person carrying out activities of a school or school facility established by a region shall
draw up and submit to the Regional Authority an analysis of the use of funds from the
state budget provided under sub-section 6 (a) in accordance with the chart of accounts
and procedure specified by the Ministry under Section 170 (d).A)
Section 162
Financing Schools and School Facilities which Are Not Established by the State, a
Region, Municipality or Union of Municipalities
(1) The Ministry shall break down by means of regulatory standards and provide funds
to be used for expenses stipulated in Section 160 (1) (b) in the form of a subsidy under a
special legal regulation37
to legal persons carrying out activities of schools and school
facilities established by registered churches and religious societies authorised to establish
church schools6
.
(2) The Ministry shall specify regulatory standards as an average annual amount of
expenses stipulated in Section 160 (1) (b) and allocated to a unit of output under Section 161
(2) in a given field and form of education or in a given school service and shall publish them
in the Journal.
(3) The Ministry shall provide Regional Authorities in the form of a subsidy37
funds to
be used for activities of schools and school facilities not established by a region, the state, a
municipality or a union of municipalities or a registered church or religious society authorised
to establish church schools6,
and transfer them to the special account of the region.
(4) The relevant Regional Authority shall provide legal persons carrying out activities
of schools and school facilities not established by a region, the state, a municipality or a union
of municipalities or a registered church or religious society authorised to establish church
schools6
with a subsidy in the amount and under conditions stipulated in a special regulation31
and shall control its use.
Section 163
Other Expenditures from the State Budget for Schools and School Facilities Registered
in the Register of Educational Facilities
(1) Funds from the state budget may be further provided for testing of methods and
development programmes under Section 171 (1) and (2) at schools and school facilities of all
founders; the state budget further provides finance to cover eligible costs relating to final
examinations, school-leaving examinations and examinations on completing
conservatories under Section 113cD)
. The Ministry shall provide funds for experimental
verification of methods and development programmes under Section 171 (1) and (2) and for
covering eligible costs relating to final examinations, school-leaving examinations and
examinations on completing conservatories under Section 113cD)
to
a) Regional Authorities, to a special account of the respective region for schools and
school facilities not established by the Ministry, registered churches or religious
societies authorised to establish church schools6
; a Regional Authority authorised to
exercise powers of the state with the approval of the relevant regional assembly shall
allocate such funds to legal persons carrying out activities of schools and school
facilities; and
b) legal persons carrying out activities of schools and school facilities established by the
Ministry, registered churches or religious societies authorised to establish church
schools6
.
(2) The Act on the State Budget shall stipulate amounts of subsidies to be provided
from the state budget for a partial payment of expenses of legal persons carrying out activities
of schools and school facilities established by a region, a municipality or a union of
municipalities.
PART FIFTEEN
HEAD TEACHERS OF SCHOOLS AND DIRECTORS OF SCHOOL FACILITIES AND
SCHOOL BOARDS
Head Teachers of Schools and Directors of School Facilities
Section 164
(1) The head teacher of a school or director of a school facility shall
a) decide on all matters concerning the provision of education and school services unless
stated otherwise by a rule of law;
b) be liable for the school or school facility providing education and school services in
compliance with this Act and educational programmes stipulated in Section 3;
c) be responsible for the professional and pedagogical level of education and school
services;
d) create conditions for inspections to be carried out by the Czech School Inspectorate and
shall adopt measures resulting from such inspections;
e) create conditions for the further education of pedagogical staff and for the work of the
School Board if such Board is established hereunder;
f) ensure that persons listed in Section 21 are in a timely manner provided with
information on the course and results of the education of a child, pupil, or student;
g) ensure cooperation in implementing programmes for evaluation of educational
achievemnets required by the Ministry;
h) be responsible for ensuring the supervision of children and minor pupils at schools and
school facilities.
(2) Head teachers shall establish an Educational Board as their advisory body, discuss
with them all fundamental educational documents and measures concerning educational
activities of the school. In his/her decision-making the head teacher shall take into account the
opinions of the Educational Board. All pedagogical staff of the school shall become members
of the Educational Board.
Section 165
(1) Head teachers of schools and directors of school facilities established by the state, a
region, a municipality or a union of municipalities shall further
a) determine the organisation of and conditions for operations of schools and school
facilities;
b) be accountable for the use of funds from the state budget allocated under Sections 160
through 163 in compliance with the purpose for which they were allocated;
c) submit an analysis of economic results in accordance with the obligatory guidelines and
procedures specified by the Ministry.
(2) Head teachers of schools and directors of school facilities established by the state, a
region, a municipality or a union of municipalities shall decide on rights and duties relating to
state administration in the following cases:
a) the transfer of a pupil or student to an upper grade under Section 17 (3) and permission
for an individual education plan under Section 18;
b) admission of a child to pre-school education under Section 34 and termination of preschool
education under Section 35;
c) postponement of compulsory school attendance under Section 37;
d) the transfer of a pupil to an appropriate grade of basic school under Section 39 (2);
e) admission to basic education under Section 46, the transfer of a pupil under Section 49
(1) and the transfer of a pupil to a different educational programme under Section 49 (2)
and permission to continue basic education under Section 55 (2);
f) admission for education at secondary school under Section 59 and the following
Sections, at tertiary professional school under Section 93 and following Sections, and at
conservatories under Section 88;
g) a transfer, change of field of education or interruption of education under Sections 66
and 97;
h) repeating a grade after satisfying compulsory school attendance under Section 52 (6),
Section 66 (7), and Section 97 (8);
i) decreasing and waiving fees for the provision of education and school services under
Section 123 (4);
j) conditional expulsion and final expulsion of a pupil or student from the school or school
facility under Section 31 (2) and (4);
k) recognition of education achieved under Sections 70 and 100;
l) permission for and cancellation of individual education of a pupil under Section 41.
Section 166
(1) The director of a school legal entity, the director of an organisation partially covered
from the state budget38
and the head of an organisational unit of the state shall be the director
of all schools and school facilities the activities of which are carried out by the relevant school
legal entity or organisational unit of the state. Only a person satisfying all prerequisites for
performing the office of head teacher of a school or the office of director of a school facility
defined by a special act2
may be the director of a school legal entity, the director of an
organisation partially covered from the state budget, or a head of an organisational unit of the
state.
(2) The founder shall, on the basis of a tender, appoint the director of a school legal
entity established by the Ministry, a region, a municipality or a union of municipalities, the
director of an organisation partially covered from the state budget, and the head of an
organisational unit of the state. Under the first sentence the founder shall meet, with regard to
labour-law relations, the function of a body superior to an employer.39
(3) The Ministry shall lay down in an implementing legal regulation the requirements
for a tender, the composition of commissions for assessing applicants to be appointed to the
offices listed in sub-section 2, and the rules for setting up, the activities of and decisionmaking
of such commissions.
(4) The founder shall dismiss from office the director of a school legal entity
established by the Ministry, a region, a municipality or a union of municipalities, the director
of an organisation partially covered from the state budget, or the head of an organisational
unit of the state, if:
a) they no longer fulfil any of the prerequisites for performing the office of head teacher or
director of a school facility laid down by a special act2
;
b) they do not satisfy conditions for head teachers and directors of school facilities set out
under a special act2
for acquiring knowledge of school management ;
c) as a consequence of organisational changes the office they perform has been closed
down.
(5) The founder may further dismiss from office the director of a school legal entity
established by the Ministry, a region, a municipality or a union of municipalities, the director
of an organisation partially covered from the state budget and the head of an organisational
unit of the state if
a) they grossly violate or do not meet legal obligations resulting from the office performed
and such violation was revealed by means of inspection carried out by the Czech School
Inspectorate, the founder or other auditing bodies; or
b) they reach the age of 65.
(6) Dismissal from office must be in writing and shall be delivered to the own hands of
the director or the head of the unit and must contain the reasons for their dismissal under subsections
4 and 5 otherwise it shall not be valid.
38
Section 54 of Act No. 219/2000 Coll., as amended
Section 27 of Act No. 250/2000 Coll., on Budgeting Rules of Regional Budgets
39
Section 26 of the Labour Code, as amended
(7) The office of head teacher of a school or director of a school facility the activities of
which are carried out by another legal person shall be performed by the authorised body or by
a member of the authorised body of such a legal person if he/she satisfies prerequisites for
performing the office of head teacher or director of a school facility laid down in a special
legal regulation.2
If the head teacher of a school or director of a school facility cannot be
appointed from the above-mentioned persons then the legal person shall appoint as head
teacher of a school or director of a school facility another person having an employment
contract with such a legal person and satisfying prerequisites for performing the office of
head teacher of a school or director of a school facility laid down in a special act.2
The person
stated in the first and second sentences may be a director for all the schools and school
facilities the activities of which are carried out by the relevant legal person.
School Board
Section 167
(1) A School Board shall be established at basic, secondary and tertiary professional
schools. A School Board shall be a body enabling statutory representatives of minor pupils,
pupils and students of legal age, pedagogical staff, the founder, and other persons to
participate in school management. If a legal person manages more than one such school only
one School Board may be established. With regard to a tertiary professional school a separate
School Board must be established.
(2) A School Board shall be established by the founder who shall at the same time
specify the number of its members and issue rules for its election. The founder shall appoint
one third of the School Board’s members, and the statutory representatives of minor pupils
along with the other pupils and students shall elect one third of the School Board’s members;
one third of these shall be elected by the pedagogical staff of the relevant school. The head
teacher may not be a member of the School Board. The head teacher shall meet the tasks of
the founder at schools established by the state, a region, a municipality or a union of
municipalities.
(3) No member of the School Board may be at the same time both appointed by the
founder and elected by statutory representatives of minor pupils and pupils and students of
legal age, or elected by the pedagogical staff of the school.
(4) In compliance with the rules for elections the head teacher shall organise elections
to the School Board.
(5) Should the statutory representatives of minor pupils and the other pupils and
students not elect the specified number of members of the School Board after repeated request
the head teacher shall appoint the remaining members of the School Board.
(6) Members of all School Boards shall be elected for a period of three (3) years.
(7) A School Board shall meet at least twice a year; sessions of the School Board shall
be convened by its Chair; the first session shall be convened by the head teacher. The head
teacher or a representative authorised by the head teacher shall be obliged to participate in the
session of the School Board if he/she is called by the Chair to do so. The School Board at its
first session shall set out its Rules of Procedure and elect its Chair. The Rules of Procedure
shall be adopted by a majority vote of all members of the School Board.
Section 168
(1) The School Board shall
a) give its opinion on the proposals of school educational programmes and their
implementation;
b) approve annual reports on activities of the school;
c) approve the internal Rules of Order, Scholarship Rules at secondary and tertiary
professional schools, and propose their amendments;
d) approve rules for evaluating the results of pupils` education at basic and secondary
schools;
e) participate in drawing up strategic objectives of school development;
f) discuss a draft budget of the legal person for the next year, express its opinion on
analyses of economic results, and propose measures on improving economic results;
g) discuss inspection reports of the Czech School Inspectorate;
h) give suggestions and deliver notices to the head teacher, founder, state bodies involved
in the school system, and other state administration bodies.
(2) The head teacher shall be obliged to enable the School Board to have access to
information regarding the school, in particular to school documentation. The head teacher
shall provide to the School Board information protected in accordance with special legal
regulations17
only conditional upon such special legal regulations. The provision of
information under the Act on Free Access to Information shall not be prejudiced.
(3) The School Board shall decide upon approval of documents listed in sub-section 1
(b) through (d) within one (1) month of the date they were submitted by the head teacher. If
the School Board does not approve a document, the head teacher shall submit the document to
be discussed again within one (1) month. If the document is not approved within a repeat
discussion of it or if the School Board does not discuss the documents listed in sub-section 1
(b) through (d) within one (1) month of the date on which these were submitted by the head
teacher, the founder shall decide upon further procedure to be taken without undue delay.
(4) The person who appointed the head teacher shall meet the tasks of the founder under
sub-section 3 at schools not established by the state, a region, a municipality or a union of
municipalities.
PART SIXTEEN
MINISTRIES AND THE CZECH SCHOOL INSPECTORATE
Ministry
Section 169
(1) In addition to tasks stipulated herein the Ministry shall further execute state
administration in the school system within the scope stipulated herein and shall be responsible
for the status, strategy and development of the educational system.
(2) The Ministry shall create conditions for the execution of institutional and protective
education and preventative educational care of persons placed at school facilities established
for such care as well as conditions for the further education of pedagogical staff. For this
purpose the Ministry shall establish or close down
a) school facilities for the execution of institutional education or protective education and
school facilities for preventative educational care, and furthermore conditional upon a
special legal regulation nursery, basic, and secondary schools for children and pupils
placed in such school facilities, and
b) institutions for the further education of pedagogical staff.
(3) The Ministry shall further establish or close down
a) nursery, basic, and secondary schools with instruction in the language of a national
minority upon conditions stipulated in Section 14 unless these are established by a
municipality, a union of municipalities or region;
b) schools the activities of which are regulated by international agreements.
(4) The Ministry may, in exceptional cases of special consideration, also establish or
close down other schools and school facilities.
(5) If the Ministry establishes schools and school facilities listed in sub-sections 2 and 4
as state organisations partially covered from the state budget, it shall decide upon the
management, division and merger of an organisation partially covered from the state budget
and shall issue the Deed of Foundation. An organisation partially covered from the state
budget shall come into existence on the date stated in the Deed of Foundation.
(6) The Ministry shall decide upon a merger of an organisation partially covered from
the state budget, the establishment or closing down of a school or a school facility as an
internal organisational unit of an organisation partially covered from the state budget and
upon alterations of the data stated in the Deed of Foundation. The amendment to the Deed of
Foundation shall be issued along with the decision.
(7) An organisation partially covered from the state budget shall be changed on the date
stated in the Deed of Foundation or in the amendment to the Deed of Foundation.
(8) The Ministry shall decide on the closing down of an organisation partially covered
from the state budget and at the same time shall terminate the Deed of Foundation. An
organisation partially covered from the state budget shall cease its existence on the date stated
in the decision on its closing down.
(9) In the event of closing down, division, consolidation, or merger of an organisation
partially covered from the state budget and in the event of the closing down of a school or a
school facility as its internal organisational unit, the Ministry shall simultaneously decide
which organisation partially covered from the state budget and managed by the Ministry shall
take over the rights and duties of the organisation partially covered from the state budget
which is being closed down or changed, or on a different manner of settling such rights and
duties. Should the Ministry not decide on the manner in which the rights and duties of an
organisation partially covered from the state budget being closed down or changed shall be
settled, such rights and duties shall be devolved to the Ministry.
(10) The Ministry shall publicise the establishment, any changes or closing down of an
organisation partially covered from the state budget in the Journal and the Central Journal of
the Czech Republic. Such publicising shall contain the name, registered seat, identification
number and the date of establishment or closing down of the organisation partially covered
from the state budget.
Section 170
The Ministry
a) shall ensure and perform an audit of the correctness and effectiveness of use of funds
allocated or provided under agreement from the state budget, from the National Fund
and from funds provided by international organisations under international agreements;
at the same time shall perform a regular audit, an audit on an ongoing basis, and a
follow up audit in accordance with a special legal regulation;40
b) shall define by means of a Directive41
binding principles under which Regional
Authorities shall break down funds allocated from the state budget under Section 161
(6) (b);
c) shall define by means of a Directive binding principles under which municipal councils
of municipalities with an extended scope of powers shall break down funds allocated
from the state budget under Section 161 (6) (b);
d) shall lay down by means of a Directive 41
binding guidelines and procedure under
which legal persons carrying out activities of schools and school activities established
by the Ministry, a region, a municipality or a union of municipalities, and municipal
councils of municipalities with an extended scope of powers and Regional Authorities
shall provide analyses of the economical use of funds allocated from the state budget
under Section 161 (6) (a) and (b);
e) shall lay down by means of a Directive41
binding instructions under which Regional
Authorities shall settle and clear funds allocated from the state budget under Section 161
(6) (a) and (b);
f) may award financially and otherwise persons who gained recognition for the
development of education; and
g) may grant an honourable name to legal persons and organisational units of the state
carrying out activities of schools and school facilities.
Section 171
(1) The Ministry shall announce and manage testing of methods, content, forms,
education organisation and testing of the manner of school and school facilities management,
40
Act No. 320/2001Coll., on Financial Auditing in Public Administration and on the Amendment to Some Other
Acts (the Act on Financial Auditing as amended
41
Section 30 of Act No. 129/2000 Coll., on Regions (Regional Administrative System) as amended by Act No.
231/2002 Coll.
Section 61 of Act No. 128/2000 Coll., on Municipalities (Municipal Administrative System) as amended by Act
No. 313/2000 Coll.
and at the same time it shall specify the term of testing, its scope, the manner of funding from
the state budget and the manner of evaluating its results.
(2) The Ministry shall announce development programmes in education and
programmes to determine the results of education including conditions and criteria for their
funding from the state budget.
(3) The Ministry shall prescribe methodology for drawing up school educational
programmes for basic education.
The Ministry of Defence, the Ministry of the Interior, the Ministry of Justice, and the
Ministry of Foreign Affairs
Section 172
(1) Secondary military schools, tertiary professional military schools and relating
school facilities shall be established or closed down by the Ministry of Defence
(2) Secondary police schools, tertiary police schools and relating school facilities as
well as secondary fire rescue schools, tertiary fire-rescue schools and relating school facilities
shall be established or closed down by the Ministry of the Interior.
(3) Secondary schools for prisoners` service and relating school facilities and schools
and school facilities for persons in custody and imprisoned persons shall be established or
closed down by the Ministry of Justice.
(4) Basic schools at embassies and consulates of the Czech Republic shall be
established or closed down by the Ministry of Foreign Affairs.
(5) The Ministry of Defence, the Ministry of the Interior, the Ministry of Justice, and
the Ministry of Foreign Affairs shall execute powers of the Ministry, Regional Authorities
and the Czech School Inspectorate hereunder for schools established by them with the
exception of powers under Section 4 (3) and Section 28, powers concerning the common part
of the school-leaving examination, managing the Register of Educational Facilities and
accreditation of educational programmes of tertiary professional education. The Ministry of
Defence, the Ministry of the Interior, and the Ministry of Justice shall lay down by decrees
regulations for schools and school facilities established by them in cases where the Ministry is
empowered by this Act to issue such decrees relating to secondary and tertiary schools.
(6) With regard to general education and completion of education hereunder, the
Ministry of Defence, the Ministry of the Interior, and the Ministry of Justice shall act in
agreement with the Ministry.
(7) Service relations of pupils and students of schools established by the Ministry of
Defence, the Ministry of the Interior, and the Ministry of Justice shall be governed by special
legal regulations.42
42
Act No. 361/2003 Coll., on Service Relations of Members of Security Forces
Act No. 221/1999 Coll., on Professional Soldiers, as amended.
(8) The provisions of Section 20, Section 21 (1) (c ) and (d), Section 74 (8) (a), and
Sections 167 and 168 shall not apply to schools established by the Ministry of Defence, the
Ministry of the Interior, and the Ministry of Justice; the provisions of Section 24 (1), Section
60, Section 94, the first sentence of Section 102 (4), and the second sentence of Section 166
(1) shall apply to such schools accordingly.
(9) The provisions of Section 7 (6) shall not apply to schools established by the
Ministry of Foreign Affairs at embassies and consulates of the Czech Republic; the provisions
of Section 28 shall apply to such schools accordingly.
Czech School Inspectorate
Section 173
(1) The Czech School Inspectorate shall be an administrative authority with nation-wide
powers which shall be an organisational unit of the state and an accounting unit.
(2) The Czech School Inspectorate shall be divided in terms of organisation into the
head office of the Czech School Inspectorate with its registered seat in Prague and offices of
the Czech School Inspectorate.
(3) The Czech School Inspectorate shall be headed by the Chief School Inspector.
He/she shall be appointed and dismissed in accordance with the provisions of the Act on Civil
Service.43
Section 174
(1) The Czech School Inspectorate shall draw up strategic objectives for inspection
activities and systems for evaluating the educational system.
(2) The Czech School Inspectorate at schools and school facilities registered in the
Register of Educational Facilities and at workplaces where practicum or vocational training is
carried out under Section 65 (2) and Section 96 (2) shall, within its inspections:
a) acquire and analyse information on the education of children, pupils and students, on the
activities of schools and school facilities registered in the Register of Educational
Facilities, and monitor and evaluate the effectiveness of the educational system;
b) determine and assess the conditions, course and results of education in accordance with
relevant school educational programmes;
c) determine and assess to what extent the school educational programme is met and
whether it is in compliance with legal regulations and the framework educational
programme;
d) perform state checks to determine whether legal regulations relating to provision of
education and school services are met; state checks shall be executed in accordance with
a special legal regulation;44
43
Section 53 (5) of Act No. 218/2002 Coll., on the Service of Civil Servants in Administrative Authorities and
on Compensation of such Civil Servants in Administrative Authorities (the Act on Civil Service).
44
Act No. 552/1991, on State Auditing as amended
e) perform a public-legal audit40
focused on the use of funds allocated from the state
budget under Sections 160 through 163.
(3) Inspections shall be carried out in accordance with the plan of principal assignments
for the relevant school year approved by the Minister of Education, Youth and Sports on the
basis of a proposal submitted by the Chief School Inspector.
(4) Furthermore, inspections shall be carried out on the basis of suggestions, complaints
and petitions which fall within the scope of powers of the Czech School Inspectorate under
sub-section 2 (a) through (e). With regard to inspections carried out on the basis of a
complaint, the Czech School Inspectorate shall investigate individual statements within the
complaint and shall present the results of investigations to the founder. The founder shall
notify the Czech School Inspectorate on settling the complaint and on respective measures
adopted to ensure correction.
(5) Furthermore, the Czech School Inspectorate shall be obliged to carry out activities
under Section 2 (b) (c) and (d) and for the purpose of subsidies to be allocated under a special
legal regulation if the Czech School Inspectorate is so requested by a legal person carrying out
activities of school or school facility. Inspections under sub-section 2 (b) (c) or (d) cannot be
upon the request of a legal person carrying out activities of school or school facility carried
out prior to the elapse of the period specified for the correction of the respective deficiencies
determined by previous inspections under sub-section (2) (b) (c) or (d).
(6) In evaluating the conditions, course and results of education and school services the
Czech School Inspectorate shall adhere to the principles and objectives of education stipulated
herein whilst a fundamental criterion shall be how efficient is the support of personality
development of children, pupils, and students and whether the objectives of education have
been achieved by a school or a school facility. Evaluation criteria shall be submitted to the
Ministry for its approval. The Ministry shall publish the approved evaluation criteria.
(7) School inspectors, auditors and invited persons shall carry out inspection activities
on the basis of written authorisation issued by the Chief School Inspector or a person
authorised by the Chief School Inspector. School inspectors shall prove their identity by a
School Inspector Card stamped with the coat-of-arms of the Czech Republic. Auditors shall
prove their identity by an Auditor Card stamped with the coat-of-arms of the Czech Republic.
Invited persons shall prove their identity by their personal identity cards.
(8) A school inspector may be a person who has completed higher education and has
had at least five (5) years of pedagogical or pedagogical-psychological experience and who
satisfies other prerequisites laid down in a special legal regulation.45
(9) An auditor may be a person who has completed higher education, who has at
least five (5) years of professional experience and who satisfies other prerequisites laid
down in special legal regulations45),
or a person who has completed secondary education
accomplished by a school-leaving examination, who has at least twenty (20) years of
professional experience and who satisfies other prerequisites laid down in special legal
regulations45) D)
.
45
Section 30 of Act No. 218/2000 Coll.
(10) An invited person shall be a person who will participate in inspections with regard
to the professional assessment of a matter. An invited person shall work under the supervision
of a school inspector or an auditor.
(11) Written authorisation under Section 7 must contain the following:
a) the name and surname of the authorised person or names and surnames of members of
the inspection team if the authorisation has been issued for an inspection team;
b) the subject and place of the inspection;
c) the commencement date of the inspection;
d) the date and the reference number;
e) the signature of the Chief School Inspector or a person authorised by the Chief School
Inspector; and
f) the name and address of the relevant workplace of the Czech School Inspection and the
official seal;
(2) The results of inspection shall be
a) an Inspection Report, in the case of an inspection carried out under sub-section 2 (b) and
(c);
b) a protocol under a special legal regulation 40, 44
in the case of an inspection under subsection
2 (d) and (e);
c) a Subject Report in the case of an inspection under sub-section 2 (a); or
d) an Annual Report of the Czech School Inspectorate.
(13) An Inspection Report shall contain evaluation of the conditions, course and results
of education along with the names, surnames and signatures of school inspectors, auditors and
invited persons. The content of any Inspection Report shall be discussed by school inspectors
and auditors with the relevant head teacher of the school or director of the school facility. The
head teacher of the school or director of the school facility shall confirm by his/her signature
that the Report has been discussed and taken over. The head teacher of the school or director
of the school facility may submit his/her comments on the Inspection Report to the Czech
School Inspectorate within fourteen (14) days of the date it was submitted. The Czech School
Inspectorate shall, without undue delay, send the Inspection Report along with the comments
and opinions of the Czech School Inspectorate on such comments to the founder and the
School Board. The Inspection Report, including the comments, shall be public and shall be
kept for a period of ten (10) years in the school or school facility concerned and in the
relevant office of the Czech School Inspectorate.
(14) The Czech School Inspectorate shall issue a Subject Report on the basis of
summarised findings resulting from the inspection relating to a particular subject and their
analysis. After being drawn up the Subject Report shall be published without undue delay.
(15) Annual Reports of the Czech School Inspectorate shall contain summarised
findings on the current situation of education and the educational system resulting from the
inspections carried out in the previous school year and shall be published annually every
December.
Section 175
(1) Mutual relations between school inspectors, auditors, invited persons and persons
who are inspected shall be, during the inspection on the spot, governed by the Third Part of
the Act on the State Auditing44
unless otherwise stated herein.
(2) The Chief School Inspector or a person authorised thereby shall decide on the term,
manner and staffing of the inspection. An inspection carried out on the spot shall be
commenced by submitting the written authorisation to carry out the inspection under Section
174 (7). School inspectors, auditors and invited persons shall be, whilst carrying out the
inspection, authorised to:
a) ascertain at schools and school facilities as well as at workplaces of persons where
practicum and vocational training is carried out under Section 65 (2) and Section 96 (2),
facts under Section 174 (2); and
b) make copies of school and school facility documentation and use it as evidence of their
findings.
(3) School inspectors, auditors and invited persons shall be obliged to:
a) prior to commencing the inspection, inform the head teacher or the director of the school
facility where their inspection will be held, or if the head teacher or director is not
present inform their deputies on the subject of the inspection, the date of commencement
and the assumed date of its termination, the inspection time schedule, the list of school
or school facility documentation to be subject to inspection, requirements relating to the
inspection, and other circumstances which are substantial in terms of the inspection to
be carried out and objective results to be achieved;
b) when commencing the inspection, submit the written authorisation to carry out the
inspection and prove their identity with a School Inspector Card, Auditor Card or
personal identity card.
(4) Persons who have been inspected are obliged to adopt measures in order to correct,
without undue delay, deficiencies ascertained during the inspection, however not later than
within the period specified by the Czech School Inspectorate. On the basis of the results of the
inspection the founder shall adopt, without undue delay, measures at schools and school
facilities he/she has established.
(5) In the event that it is ascertained that the school or school facility concerned failed
to act or gross deficiencies are ascertained in school or school facility activities, the Chief
School Inspector may submit to the body maintaining the Register of Educational Facilities a
proposal for removal of the school or the field of education concerned from the Register of
Educational Facilities.
(6) The Ministry shall lay down in an implementing legal regulation more detailed
conditions concerning the organisation of the Czech School Inspectorate and execution of
inspections as well as a specimen of a School Inspector Card and Auditor Card.
Section 176
(1) Natural persons responsible for adopting or meeting measures taken for correcting
deficiencies ascertained during the inspection under Section 174 (2) (b) (c) and (d) shall have
committed a minor offence if they, within the specified time limit, do not adopt or meet such
measures.
(2) A fine of an amount of up to CZK 50,000 may be imposed for such minor offences
under sub-section 1.
(3) The Czech School Inspectorate shall act as an administrative body competent at the
first level in proceedings relating to the minor offence under sub-section 1.
(4) Fines shall be collected and enforced by the Czech School Inspectorate; whilst
collecting or enforcing fines the Czech School Inspectorate shall adhere to a special legal
regulation46
. Fine revenues shall become income of the state budget.
PART SEVENTEEN
SCOPE OF COMPETENCIES OF TERRITORIAL SELF-GOVERNING UNITS IN
THE SCHOOL SYSTEM
Section 177
(1) Territorial self-government in the school system shall be executed by
a) municipalities, and
b) regions.
(2) In ensuring education and school services, in particular in establishing schools and
school facilities, municipalities and regions shall take care mainly of
a) the compliance of the development of education and school services with the interests of
citizens of a municipality or region, with labour market needs, with demographic
development and with development of the relevant territory;
b) the availability of education and school services in accordance with local conditions.
Municipality
Section 178
(1) A municipality shall be obliged to create conditions for satisfying compulsory
school attendance of children with permanent residence in its territory and children placed in
its territory at school facilities for the execution of institutional or preventative care who are
not educated at schools established for such school facilities in compliance with a special
legal regulation47
. For such purposes a municipality shall
a) establish a basic school; or
46
Act No. 337/1992 Coll., on Tax and Fee Administration, as amended
47
Section 12 (2), Section 13 (5) of Act No. 109/2002 Coll., on Executing Institutional Education or Protective
Education at School Facilities and on Preventative Educational Care at School Facilities and on the Amendment
to Some Other Acts
b) ensure compulsory school attendance to be satisfied at a basic school established by
another municipality or union of municipalities.
(2) School districts of local schools are defined in the territory of a municipality, a part
of a municipality, or in the territory of several municipalities, as follows:
a) if there is only one basic school in a municipality established by the municipality the
local school district shall be the territory of the municipality;
b) if there are more basic schools in a municipality established by the municipality the
municipality shall define local school districts in a commonly binding decree;
c) if there is only one basic school or more basic schools established by the union of
municipalities in the territory of a union of municipalities or if several municipalities
enter into an agreement on establishing a common school district of one or more basic
schools established by one of such municipalities, each of the municipalities concerned
shall define in a commonly binding decree the relevant part of the school district.
(3) If a municipality does not define a local school district and compulsory school
attendance of pupils stipulated in sub-section 1 is endangered the relevant Regional Authority
exercising the powers of the state shall decide on the local school district.
(4) A local school district shall not be defined for a school executing education merely
in accordance with an educational programme for disabled pupils and for schools established
by founders other than a municipality or union of municipalities.
(5) Within the basic public transport service48
in the territory of a region, the region
shall be obliged to ensure transport to the local school district if the distance of the local
school district from the place of permanent residence of a pupil exceeds four (4) kilometres.
(6) If a pupil satisfies compulsory school attendance at a school established by another
municipality then the municipality where the pupil has his/her permanent residence shall be
obliged to pay to the municipality which established the school where the pupil satisfies
his/her compulsory school attendance non-investment expenses of such school allocated for
one pupil unless the municipalities in question agree otherwise. Non-investment expenses
under the first sentence shall include maintenance and repair investments, material
expenditures, services and expenses other than productive expenses, pay-roll expenses and
other payments provided to natural persons which are not granted by the Regional Authority.
This provision shall apply accordingly in the event that a pupil satisfies his/her compulsory
school attendance at a school established by a union of municipalities, which the municipality
where the pupil concerned has his/her permanent residence is not a member of.
(7) The municipality shall not be obliged to pay the expenses under sub-section 6 if
such municipality has established a school where there are conditions for the pupil concerned
to satisfy compulsory school attendance, or if it is a member of a union of municipalities
which has established a school where there are conditions for the pupil to satisfy compulsory
school attendance, or if it is a contracting party to an agreement between several
municipalities on establishing a common school district of one or more basic schools
established by one of such municipalities if there are conditions for the pupil concerned to
48
Section 19a of Act No. 111/1994 Coll., on Road Transport, as amended
satisfy compulsory school attendance, with the exception of cases where the pupil is educated
at basic school with instruction in the language of a national minority.
(8) If a child placed at a school facility for institutional or preventative education
satisfies his/her compulsory school attendance at a basic school established by a municipality
or union of municipalities where he/she does not have his/her permanent residence then this
school facility shall pay expenses under sub-section 6 allocated for one pupil of such school.
Section 179
(1) A municipality or union of municipalities shall establish or close down:
a) nursery schools;
b) nursery or basic schools with instruction in the language of a national minority
conditional upon Section 14; and
c) school canteens serving children and pupils of schools which are established by such
municipality or union of municipalities.
(2) A municipality shall be obliged to ensure conditions for pre-school education in the
last grade prior to commencing compulsory school attendance for children with their
permanent place of residence in its territory and for children placed in its territory in an care
home. For such purpose a municipality shall:
a) establish a nursery school; or
b) ensure pre-school education at a nursery school established by another municipality or
union of municipalities; in such a case the municipality shall be obliged to pay for each
child having his/her permanent residence in its territory and attending a nursery school
established by another municipality non-investment expenses of such nursery school
allocated for one child under Section 178 (6) unless the municipalities in question agree
otherwise.
(3) If a child placed in a care home is educated prior to commencing compulsory school
attendance in the last grade of a nursery school established by a municipality or the union of
municipalities where the child concerned does not have his/her permanent residence, expenses
under Section 178 (6) allocated for one child shall be paid by the care home in question.
(4) Furthermore, a municipality or union of municipalities may establish and close
down:
a) artistic basic schools;
b) school facilities for developing personal interests;
c) school facilities for special purposes; and
d) schools and school facilities otherwise established by regions or the Ministry, if it
proves to the body maintaining the Register of Schools and School Facilities that it has
available necessary funds and personnel for their activities.
Section 180
(1) A municipality or union of municipalities shall cover the expenses of legal persons
carrying out activities of schools and school facilities established by the municipality or union
of municipalities concerned with the exception of expenses paid from funds provided from the
state budget under section 161 (6) (b) and from other sources; provided that a local school
district exceeds the territory of one municipality then the expenses of a basic school in this
local school district and relating school facilities in the municipality in question shall be paid
proportionally in accordance with the number of pupils with permanent residence in
individual municipalities unless the municipalities agree otherwise.
(2) A municipality may provide legal persons carrying out activities of schools and
school facilities established by the municipality concerned with contributions for other noninvestment
expenses otherwise paid from the state budget hereunder.
(3) A municipality or union of municipalities shall allocate to legal persons carrying out
activities of schools and school facilities established by the municipality or union of
municipalities concerned subsidies specified by the Act on the State Budget to be used for
partial payments of operational expenses and such subsidies must be financially settled and
cleared.
Region
Section 181
(1) A region shall be obliged to ensure conditions for secondary and tertiary professional
education, education of disabled children, pupils, and students as well as children, pupils, and
students disadvantaged in terms of health condition. Furthermore, a region shall be obliged to
ensure condition for language education, basic artistic education and education developing
personal interests and conditions for executing institutional education. For such purposes a
region shall establish and close down
a) secondary schools;
b) tertiary professional schools;
c) nursery, basic and secondary schools and school facilities for disabled children and
pupils;
d) special educational needs schools;
e) schools connected to health care facilities;
f) school educational and boarding facilities and school canteens for children, pupils, and
students of schools established by the region;
g) secondary schools with the instruction in the language of a national minority conditional
upon Section 14;
h) language schools authorised to organise state language examinations;
i) basic artistic schools;
j) school facilities for developing personal interests; and
k) care homes.
(2) Furthermore, a region may establish or close down:
a) nursery and basic schools with the instruction in the language of the national minority
conditional upon Section 14;
b) school facilities under Sections 115 through 120;
c) schools and school facilities otherwise established by a municipality or the Ministry if
the region proves that it has available necessary funds and personnel for such schools
and school facilities.
Section 182
(1) A region shall cover the expenses of legal persons carrying out activities of schools
and school facilities established by the region concerned with the exception of expenses paid
from funds provided from the state budget under Section 161 (6) (a) and from other sources.
(2) A region may provide legal persons carrying out activities of schools and school
facilities established by the region concerned with contributions for other non-investment
expenses otherwise paid from the state budget hereunder.
PART EIGHTEEN
COMMON, TRANSITIONAL, REPEALING AND FINAL PROVISIONS
Common Provisions
Section 183
(1) Unless this Act states otherwise, decisions on rights and duties of natural and legal
persons regarding state administration hereunder shall be governed by the Rules of
Administrative Procedure.
(2) The Rules of Administrative Procedure shall not apply to decision-making under
Section 27 (1), Section 74 (9) (c), Section 80 (8), Section 82, Section 90 (12), and Section 102
(9).
(3) A Regional Authority shall perform the role of a body superior to head teachers of
schools and directors of school facilities, established by the state, a region, a municipality or a
union of municipalities, when making decisions under Section 165 (2). The Ministry shall
perform the role of a body superior to Regional Authorities when making decision on rights
and duties of natural or legal persons regarding state administration hereunder. The Chief
School Inspector shall issue decisions concerning appeals against decisions taken by the
Czech School Inspectorate with regard to minor offences under Section 176.
(4) The relevant provisions of the Rules of Administrative Procedure shall apply
accordingly to deliveries of written documents under Section 66 (2) and Section 98 (2).
(5) Competencies of municipal councils of municipalities with an extended scope of
powers and of Regional Authorities laid down herein shall be executed as competencies of the
state.
(6) Municipalities and regions shall be obliged to provide the Ministry with the
statistical data ascertained within statistical work included in the programme of statistical
findings for a given year under a special legal regulation.49
(7) For the purpose hereof a national of a Member State of the European Union
shall be understood also to be a person who has been awarded by the Czech Republic
the status of long-term resident49a)
or a person who has been awarded by a Member
State of the European Union the status of long-term resident and who has received a
residency permit in the Czech Republic13) E)
.
(8) The Ministry, or an organisation established by it respectively, shall, when
gathering and processing data retrieved from the documentation of schools, school
facilities and School registers and when collecting statistical data49)
, be entitled to use
the birth identification numbers of applicants, children, pupils, and students. A legal
person carrying out the activities of school or school facility shall be, for the purposes
specified in the first sentence, obliged to provide the birth identification numbers of
applicants, children, pupils, and studentsD)
.
Section 184
(1) The participation of members in an examination commission for final examinations,
school-leaving examinations, and absolutorium at conservatories shall be an act in the general
interest of the public50
for which members of such commissions shall be entitled to
compensation of travel expenses paid to their proved amount, compensation for
accommodation and meal expenses paid to their proved amount. Such expenses shall be
reimbursed by the legal person carrying out activities of the school where examinations are
held. Meal expenses shall be reimbursed at the amount and upon conditions stipulated by a
special legal regulation.51
(2) Participation of members in any Accreditation Commission shall be an act in the
general interest of the public50
for which the members of such commission shall be entitled to
compensation of travel expenses paid to their proved amount, compensation for
accommodation and meal expenses paid to their proved amount. Meal expenses shall be
reimbursed at the amount and upon conditions stipulated by a special legal regulation51
.
Furthermore, the Ministry may provide the members of any Accreditation Commission with a
special bonus.
Transitional Provisions
Section 185
(1) Schools shall proceed in accordance with Framework Educational Programmes
commencing from 1st
September following not more than two (2) years from the date of
issuance of such Programmes, effective from the first grade and also from the sixth grade of
basic education under Section 46 (2), and from the seventh grade of basic education under
Section 46 (3). The validity of teaching and study documents from the first grade up issued in
49
Act No. 89/1995 Coll., on the State Statistical Service, as amended
50
Section 124 of the Labour Code
51
Act No. 119/1992 Coll., on Travel Expenses, as amended
accordance with current legal regulations shall terminate on such a date; until then,
enrolment into education, the process of education and the completion of education shall
be governed in accordance with such study documentsD)
. Teaching and study documents
issued in accordance with current legal regulations may be altered for the purpose of
achieving compliance with this Act in accordance with the procedure stipulated in current
legal regulations.
(2) Teaching and study documents of tertiary professional schools issued in accordance
with current legal regulations shall be considered educational programmes for tertiary
professional schools hereunder accredited for seven (7)D)
years from the coming of this Act
into effect. Tertiary professional schools may provide education in accordance with
study documents approved under current legal regulations until the end of the school
year 2011/2012 at the latestD)
. Schools shall follow educational programmes for tertiary
professional schools accredited hereunder commencing from 1st
September following their
accreditation and registration in the Register of Educational Facilities.
(3) Special schools under current legal regulations shall be basic schools hereunder.
Auxiliary schools under current legal regulations shall be special educational needs schools
hereunder. Secondary vocational schools, secondary general schools (gymnazium), secondary
technical schools, secondary special educational needs schools, vocational apprentice centres
and schools preparing directly for a profession (practical schools) under current legal
regulations shall be secondary schools hereunder.
(4) The Ministry shall draw up long-term objectives of education and development of
the school system of the Czech Republic hereunder and shall submit this to the Government
not later than 31st
March 2005. Regional Authorities shall draw up long-term objectives of
education and development of the school system in the relevant region hereunder shall submit
them to the Ministry to be discussed not later than on 31st
March 2006.
(5) Levels of education acquired under current legal regulations shall not be prejudiced.
(6) Secondary vocational education achieved under current legal regulations in
individual branches of secondary vocational schools and lasting for one (1) or two (2) years of
the day form of education laid down in the Government Regulation issued under Section 58
shall be considered secondary education hereunder. Secondary vocational education achieved
under current legal regulations in study branches or branches lasting for two (2) or three (3)
years of the daily form of education laid down in the Government Regulation under Section
58 shall be considered as secondary education completed by attaining an apprenticeship
certificate hereunder. Complete secondary technical education and complete secondary
education under current legal regulations shall be considered as secondary education
completed by a school-leaving examination hereunder. Tertiary professional education
provided at conservatories achieved under current legal regulations shall be considered as
tertiary professional education achieved at conservatories hereunder.
(7) Section 61 shall apply to admission proceedings for the first grade of the six-year l
secondary general schools (gymnazium) or eight-year secondary general schools
(gymnazium) for the school year 2005/2006 commencing from the first grade.
(8) Pupils who should have duly completed secondary education by a final examination
prior to the date on which this Act shall come into effect shall take the final examination
under the current legal regulations. Pupils who should have duly completed secondary
education by a school-leaving examination prior to 1st
September 2007 shall take the schoolleaving
examination under current legal regulations. Students who should have duly
completed tertiary professional education by absolutorium prior to the date on which this Act
shall come into effect shall take the absolutorium under the current legal regulations.
(9) Pupils may be enrolled on a follow up course at secondary schools which organise
follow up courses as of the date on which this Act comes into effect and do not satisfy the
conditions laid down in Section 83 (1) in the first sentence not later than for the school year
2008/2009AA))
.
(10) School Boards hereunder must be established within one (1) year of the coming of
this Act into effect. Until a School Board is established its functions will be carried out by a
board of the school established under current legal regulations.
(11) Testing of methods permitted under current legal regulations shall remain valid.
(12) Schools with the instruction in the language of a national minority included in the
network of schools, pre-school facilities, and school facilities as of the date on which this Act
shall come into effect may be closed down only if they do not meet conditions stipulated in
the provisions of Section 14 (2) and (3).
(13) The wording “the network of pre-school facilities and school facilities” used in
special legal regulations shall be replaced by the wording “the Register of Educational
Facilities”. The wording “pre-school facilities” used in special legal regulations shall be
replaced by the wording “nursery school(s)”. The wording “secondary vocational education”
used in special legal regulations shall be replaced by the wording “secondary education
completed by attaining an apprenticeship certificate”. The wording “complete secondary
education” used in special legal regulations shall be replaced by the wording “secondary
education completed by a school-leaving examination”. The wording “complete secondary
technical education” used in special legal regulations shall be replaced by the wording
“secondary education completed by a school-leaving examination”.
(14) The Minister of Education, Youth and Sports will, until the Act on Civil Service
comes into full effect, appoint and dismiss the Chief School Inspector.
(15) In settlement and clearing of funds provided from the state budget for the calendar
year 2004 the current legal regulations shall be adhered to.
(16) The right to priority admission of a child at his/her last year prior to commencing
compulsory school attendance to pre-school education under Section 34 (4) and the duty of a
municipality to create conditions for pre-school education at the last year prior to
commencing compulsory school attendance for children with their permanent place of
residence in its territory and for children placed in its territory in a care home under Section
179 (2) shall be applied commencing from the school year 2005/2006.
(17) The rules for teaching and learning religion laid down in Section 15 shall be
applied commencing from the school year 2005(2006.
(18) Section 28 (2) through (5) shall be adhered to commencing from the school year
2005/2006. Until then current legal regulations shall govern records of children, pupils, and
students of schools and school facilities. Funds from the state budget determined for activities
of schools and school facilities for the school year 2004/2005 shall be provided on the basis of
statistical output reports for the relevant school year.
(19) The provisions of Section 42 shall apply not earlier than for the school year
2005/2006. Until then current legal regulations shall regulate release from compulsory school
attendance.
(20) Provisions of Section 51 (5) shall apply commencing from the school year
2005/2006.
(21) In enrolment proceedings to the first grade of education, which require an ability
identification examination, and at conservatories for the school year 2005/2006 the Measures
for Introduction of Testing Organisation of Ability Identification Examinations in Admitting
Pupils to Attend Study Fields of Group 82 Arts, Applied Arts and Hand Crafts, ref. no.
28127/97-71 shall apply.
(22) Shortened studies for acquiring secondary education completed by attaining an
apprenticeship certificate under Section 84 and shortened studies for acquiring secondary
education completed by a school-leaving examination under Section 85 may be organised
commencing from the school year 2005/2006.
(23) Rules for providing compensation for productive activities of pupils of secondary
schools and students of tertiary professional schools under Section 122 (1) shall be used not
earlier than for the school year 2005/2006. Until then current legal regulations shall apply.
(24) The head teacher of a school shall pursue a course of action under Section 60
(4), the second part of letter a), starting with the words “and further according to the
final evaluation” from the school year 2007/2008.D)
Section 186
(1) Schools and school facilities included as of the date on which this Act comes into
effect in the network of schools, pre-school facilities, and school facilities shall be schools
and school facilities hereunder registered in the Register of Educational Facilities. Legal
persons carrying out activities of schools and school facilities, or founders of organisations
partially covered from the state budget38
, shall be obliged to adapt the records in the Register
of Educational Facilities to be in compliance with this Act and submit to the body maintaining
the Register all necessary documents relating to such records not later than on 31st
March
2006. If the aforementioned obligation is not satisfied the body maintaining the Register shall
remove the school or school facility concerned from the Register of Educational Facilities
effective of 31st
August 006. The provisions of Section 151 shall apply accordingly.
(2) Schools and school authorities established, as of the date on which this Act come
comes into effect, by the Ministry of the Interior, the Ministry of Defence, and the Ministry of
Justice as organisational units of the state, shall be schools and school facilities hereunder
and shall be registered in the Register of Educational Facilities not later than on 31st
August
2006 if their founders provide the Ministry with the data and documents listed in Section 147
(1) (a) through (e), (i) through (l) in the first part of the sentence, and (o), not later than on 31st
March 2006.
(3) Administrative proceedings on applications for inclusion in the network of schools,
pre-school facilities and school facilities, for changes in their inclusion in the network of
schools, pre-school facilities and school facilities, and for exclusion from the network of
schools, pre-school facilities and school facilities submitted prior to the date on which this Act
comes into effect shall be processed under the current legal regulations.
(4) The Ministry will prepare and draw up along with relevant Regional Authorities in
the period after this Act has come into effect by 30th
April 2005, or not later than within thirty
(30) days of the date on which the decision concerning the relevant school or school facility
was issued, a protocol on submitting and taking over the data on electronic media and
documents concerning schools and school facilities which were under the current legal
regulations included in the network of schools, pre-school facilities and school facilities by
the Ministry and which are in compliance with Section 143 maintained in the Register of
Schools and School Facilities by Regional Authorities.
Change of the Legal Form and Establishment of a School legal entity
Section 187
(1) Legal persons carrying out activities of schools, pre-school facilities and school
facilities included as of the date on which this Act comes into effect in the network of schools,
pre-school facilities and school facilities may change their legal form and become school legal
entities.
(2) By changing legal form and becoming a school legal entity the rights and duties of
such legal persons shall not cease existence, but shall only be devolved to the legal successor;
merely the internal legal relationship shall be changed.
Section 188
(1) The following shall be required for changing a legal person into a school legal
entity:
a) a decision on the change of a legal form;
b) modification of legal relations concerning the assets the legal person uses for carrying
out its activities with regard to the provisions of Section 140;
c) removal of the current legal person from the Register of Companies or any other register
or similar records of legal persons if it is registered under a special legal regulation;
d) registration of the school legal entity in the Register of School Legal Entities.
(2) The body or the person authorised to make decisions on dissolution of the legal
person concerned shall decide on the change of the legal form of a legal person into a school
legal entity unless it is a commercial company or a co-operative.
(3) In the case of commercial companies or co-operatives the decision on the change of
a legal form to the school legal entity shall be taken by the partners or the body of the relevant
commercial company or co-operative which are under the Commercial Code entitled to take
decisions on the change of legal form. The provisions of Section 69d (2), (4), (7), (10), and
(11), Section 69f (1), (4), (5), and (6), Section 69g (1) and (2), Section 254 (4) in the first,
second and third sentences, of the Commercial Code shall apply accordingly. The approval of
all partners and in the case of a joint stock company the approval of three thirds of votes of
shareholders present at the Annual Meeting shall be required to change the legal form to a
school legal entity. A record of the state notary must be made about the decision taken by the
Annual Meeting or the meeting of co-operative members on the change of legal form to a
school legal entity.
Section 189
(1) The decision on the change of a legal person to a school person must contain the
consenting declaration to change the legal form to a school legal entity and the time limit
within which the application for registration in the Register of School Legal Entities shall be
filed. The Deed of Foundation must be attached to the decision.
(2) If, prior to its change of legal form to a school legal entity, the relevant legal person
was a commercial company or co-operative then the persons who were their partners or
members as of the date of its removal from the Register of Companies shall have the legal
position of founders of the school legal entity. With regard to benevolent societies, their
establishers shall have the legal position of founders of the school legal entity.
Section 190
(1) The authorised body of a legal person changing its legal form to become a school
legal entity shall be obliged to file a proposal for registration in the Register of School Legal
Entities within the time limit specified in the decision on the change of legal form, otherwise
the registration in the Register of School Legal Entities cannot be approved. The application
for registration must contain the decision on the change of legal form to a school legal entity
and the data and documents which are included with respect to the establishment of the school
legal entity in the Register of School Legal Entities and shall be filed in the Collection of
Deeds.
(2) The school legal entity shall be recorded in the Register of School Legal Entities as
of the date on which the legal person which has changed its legal form to become a school
legal entity was removed from the Register of Companies or other similar register of legal
persons.
(3) The legal form, name and seat of the legal person valid prior to its change of the
legal form shall be registered in the Register of School Legal Entities.
(4) The authorised body of the legal person which decided on the change of the legal
form to a school legal entity shall submit, within thirty (30) days from the date on which the
decision on the registration of the school legal entity in the Register of School Legal Entities
comes into effect, the proposal for recording such change in the Register of Companies or
other register or other similar recordings of legal persons. The decision on the change of the
legal form and the decision under the first sentence must be attached to the proposal.
(5) When changing the legal form to a school legal entity the following data shall be
recorded in the Register of Companies or other register or in any other similar recording: the
fact that the legal person has changed its legal form and has become a school legal entity, the
name and seat of such school legal entity, the name, surname, place of permanent residence
and the birth identification number of the head teacher, as well as the date of removal of the
previous legal person from the Register.
(6) The authorised body of the legal person which decided to change its legal form and
become a school legal entity shall be obliged, within thirty (30) days of the date on which the
record was made, to notify the body maintaining the Register of School Legal Entities that the
change of legal form in the Register of Companies or in any other register or in any other
similar recordings of legal persons has been made, and include the date on which the relevant
record was made. The record of the change of legal form in the relevant Register shall be
proved by an Official Deed evidencing this fact.
(7) When changing the legal form of a legal person not established by the Ministry, a
region, a municipality or a union of municipalities or registered church or religious society to
become a school legal entity the provisions of Section 136 (2) (b) and (c) shall not apply with
respect to rights and duties valid prior to registration in the Register of School Legal Entities.
Repealing Provisions
Section 191
The following shall be repealed:
1. Act No. 29/1984 Coll., on the Network of Basic and Secondary Schools (the Education
Act).
2. Act No. 171/1990 Coll., amending and supplementing Act No. 29/1984 Coll. on the
Network of Basic and Secondary Schools (the Education Act).
3. Act No. 522/1990 Coll., amending and supplementing Act No. 29/1984 Coll. on the
Network of Basic and Secondary Schools (the Education Act) as amended by Act No.
171/1990 Coll.
4. Act No. 134/1993 Coll., amending and supplementing Act No. 29/1984 Coll. on the
Network of Basic and Secondary Schools (the Education Act) as amended by Act No.
188/1998 Coll., Act No. 171/1990, and Act No. 522/1990 Coll.
5. Act No. 190/1993 Coll., amending and supplementing Act No. 29/1984 Coll. on the
Network of Basic and Secondary Schools (the Education Act) as amended by Act No.
188/1998 Coll., Act No. 171/1990, Act No. 522/1990 Coll., and Act No. 134/1993 Coll.,
Act of the Czech National Council No. 564/1990 Coll. on State Administration and SelfGovernment
in the School System and Act of the Czech National Council No. 76/1978
Coll. on School Facilities, as amended by Act of the National Council No. 31/1984 Coll.
and Act of the Czech National Council No. 390/1991 Coll.
6. Act No. 182/2003 Coll. amending Act No. 29/1984 Coll. on the Network of Basic,
Secondary and Tertiary Professional Schools (the Education Act), as amended.
7. Act No. 256/1994 Coll., amending Act No. 29/1984 Coll., on the Network of Basic and
Secondary Schools (the Education Act), as amended, Act of the Czech National Council
No. 390/1991 Coll., on Pre-School Facilities and School Facilities, and Act of the Czech
National Council No. 564/1990 Coll., on State Administration and Self-Government in
the School System, as amended by Act. No. 190/1993 Coll.
8. Act No.138/1995 Coll., amending and supplementing Act No. 29/1984 Coll. on the
Network of Basic and Secondary Schools (the Education Act) as amended by Act No.
188/1998 Coll., Act No. 171/1990, Act No. 522/1990 Coll., Act No. 134/1993 Coll., Act
No. 190/1993 Coll., Act 331/1993 Coll., the judgement of the Constitutional Court of
the Czech Republic No. 49/1994 Coll., and Act No. 256/1994 Coll. and Act of the
Czech National Council No. 76/1978Coll. on School Facilities, as amended by Act of
the Czech National Council No. 31/1984 Coll., Act of the Czech National Council No.
390/1991 Coll. and Act No. 190/1993 Coll.
9. Act No. 19/2000 amending Act No. 29/1984 Coll., on the Network of Basic and
Secondary Schools (the Education Act), as amended.
10. Act No. 76/1978 Coll., on School Facilities.
11. Act No. 31/1984 Coll., amending and supplementing the Act of the Czech National
Council on State Administration in the School System and the Act of the Czech National
Council on School Facilities.
12. Act No. 390/1991 Coll., on Pre-school Facilities and School Facilities.
13. Act No. 564/1990 Coll., on State Administration and Self-Government in the School
System.
14. Act No. 181/2003 Coll., amending Act No. 564/1990 Coll., on State Administration and
Self-Government in the School System, as amended.
15. Act No. 139/1995 Coll., amending and supplementing the Act of the Czech National
Council No. 564/1990 Coll., on State Administration and Self-Government in the
School System, as amended by Act No. 190/1993 Coll. and Act No. 256/1994 Coll.
16. Act No. 284/2002 Coll. amending Act No. 564/1990 Coll., on State Administration and
Self-Government in the School System, as amended and Some Other Acts.
PART NINETEEN
EFFECTIVENESS
This Act shall enter into effect on 1st
January 2005 with the exception of the provisions
of Section 20 (3), (5) and (7) which shall come into effect on the date of its publication, and
with the exception of the provisions of Sections 77 through 79, Section 80 (3) through (10),
Section 81 (1) through (8), and Section 82 (3), which shall come into effect on 1st
September
2007.
Authorised signatures
Zaorálek
Klaus
Gross
Notes to incorporated changes:
A) Amendments provided for in Act No. 383/2005 Coll., effective as of 1 December
2005.
B) Amendments provided for in Act No. 112/2006 Coll., effective as of 1 January
2007.
C) Amendments provided for in Act No. 158/2006 Coll., effective as of 1 July 2006.
D) Amendments provided for in Act No. 179/2006 Coll., effective as of 5 May 2006
or as of 1 August 2007.
E) Amendments provided for in Act No. 161/2006 Coll., effective as of 27 April 2006.
F) Amendments provided for in Act No. 162/2006 Coll., effective as of 1 September
2006.