ACT No. 563
of
on Pedagogical Staff and on the Amendment to
Some Other Acts
The
Parliament has resolved upon the following Act of the
PART ONE
PEDAGOGICAL STAFF OF SCHOOLS AND SCHOOL
FACILITIES
TITLE 1
GENERAL PROVISIONS
Section 1
(1) This Act shall regulate the prerequisites for the performance of duties by pedagogical staff, their further education, and the career scheme.
(2) This Act shall cover pedagogical staff of schools and school facilities included in the Register of Schools and School Facilities[1] (hereinafter referred to as “schools”) and pedagogical staff at facilities providing social care.
Section 2
(1) A pedagogical worker shall be a person who
performs direct teaching, direct educational function, or direct special
educational needs activities or direct pedagogical-psychological activities
directly affecting learners thus implementing education and training pursuant
to the special legal regulation1 (hereinafter referred to as “direct
educational function”) who is an employee of a legal person carrying out the
activities of a school, or an employee of the state, or a head teacher unless
such a person is in a labour-law relation to a legal person carrying out the
activities of a school or who is not an employee of the state[2].
A pedagogical worker shall be also an employee performing direct educational
function in facilities providing social care.
(2)
Direct educational function shall be performed by:
a) a teacher;
b) an
educator,
c) a
special educational needs teacher,
d) a psychologist,
e) a
teacher responsible for leisure activities,
f) a
teacher’s assistant,
g) a coach,
or
h) a
pedagogical manager
TITLE II
PREREQUISITES AND REQUIREMENTS FOR PERFORMING
ACTIVITIES OF PEDAGOGICAL STAFF
Sub-title 1
Prerequisites for Performing Activities of a Pedagogical Worker and Prerequisites for Performing the Office of Head Teacher
Section 3
(1) A person satisfying the following prerequisites may be a pedagogical worker. Such a person:
a) shall be
fully qualified to carry out direct educational function which he/she shall
perform;
b) shall be
without a criminal record;
c) shall be
in appropriate health; and
d) shall prove his/her knowledge of the Czech
language unless stated otherwise herein.
(2) For
the purpose of this Act, a person “without a criminal record” shall be
understood as a person who has not been sentenced by a final and conclusive
judgement of a court
a) for an
intentional criminal offence; or
b) for a negligent criminal
offence committed relating to the performance of activities of a
pedagogical worker,
unless
his/her conviction has been erased.
(3) A
natural person shall prove that he/she
is without a criminal record prior to signing his/her employment contract by
submitting an extract from the Criminal Register not older than three (3)
months.
(4) With regard to labour-law relations,
pedagogical staff shall be obliged to submit to their head teachers or
directors of facilities providing social care an extract from the Criminal
Register if they have been sentenced by a final and conclusive judgement of a
court which would result in the precondition of being without a criminal record
no longer being met.
(5) Assessment under sub-section 1 (d) shall be
regulated by a special legal regulation.[3]
(6) With
regard to the nationals of European Union Member States and their family
members, or nationals of third countries, recognition of professional
qualifications and satisfaction of the prerequisite of being without a criminal
record shall be regulated by special legal regulations.[4]
Section 4
(1) A
natural person who gained the relevant qualifications laid down herein in a
language other than the Czech language shall be obliged to prove knowledge of
the Czech language by taking an appropriate examination, unless stated
otherwise herein.
(2) An
examination in the Czech language may be taken at a higher education
institution with the life-long learning programme[5]
or at an institution for the further education of pedagogical staff1,
or at a language school authorised to organise state language examinations.1
(3) Such
examination shall not replace the professional qualifications for teaching the
Czech language at basic, secondary, and tertiary professional schools.
(4) Proving
knowledge of the Czech knowledge shall not be required of a natural person who
a) will
work at a school with a language instruction other than the Czech language;
b) has
successfully passed a school leaving examination in the Czech language and
literature; or
c) teaches
a foreign language or conversation in a foreign language.
Section 5
(1) A head teacher shall be a natural person
who has satisfied the prerequisites under Section 3 and who has acquired
experience in performing the direct educational function or an activity
requiring the same or similar knowledge, or who has worked in a senior managing
position or has been involved in research and development for not less than
a) three
(3) years for head teachers of nursery schools;
b)
four (4) years for head teachers of basic schools, basic schools and
school facilities, with the exception of facilities for institutional
education, facilities for protective education and school facilities for
preventative educational care;
c) five
(5) years for head teachers of secondary schools, language schools,
conservatories, tertiary professional schools, and school facilities for
institutional education, facilities for protective education, and school
facilities for preventative educational care.
(2) The
head teacher of a school established by the Ministry of Education, Youth and
Sports (hereinafter referred to as the “Ministry”), by a region, municipality
or voluntary union of municipalities whose subject of activities are
educational tasks (hereinafter referred to as “union of municipalities”), may
only be a person who, in addition to the prerequisites stipulated in sub-section 1, has acquired, not later
than two (2) years from the date he/she started to perform his/her duties as
head teacher, knowledge of school management by graduating from a programme for
head teachers organised within the further education of pedagogical staff under
Section 24 (4) (a).
(3) The
duty to complete a programme for head teachers of schools established by the
Ministry, a region, municipality or union of municipalities shall not relate to
head teachers who acquired their knowledge of school management by
completing an accredited study programme5
of school management organised by a higher education institution or by
completing any other programme of life-long education organised by a higher
education institution accredited for teaching organisation and school
management.
Sub-title 2
Professional Qualifications Acquired
by Pedagogical Staff
Section 6
(1) Nursery
school teachers shall acquire their qualifications through:
a) higher
education acquired on an accredited study programme in the field of pedagogical
sciences focused on education of pre-school age;
b) tertiary
professional education by completing an
accredited educational programme of a tertiary professional school1
in the field focused on preparing
teachers of pre-school education;
c) secondary
education accomplished by a school-leaving examination acquired by completing a
secondary educational programme1 in the field focused on preparing
teachers of pre-school education; or
d) education
under sub-section 2 (a).
(2) Nursery school teachers who perform direct educational function in a class or at a school established for children with special educational needs shall acquire professional qualifications by
a) completing
an accredited study programme at a higher education institution in the field of
pedagogical sciences focused on special educational needs; or
b) completing
education specified for teachers of
pre-school education under sub-section 1 and by completing higher
education acquired on an accredited bachelor’s study programme of pedagogical
sciences focused on special educational needs, or by education on a programme
of life-long learning carried out by a higher education institution and
focusing on special educational needs.
Section 7
(1) Teachers
of the first level of basic school shall acquire professional qualifications
through higher education by completing an accredited master’s study programme
in the field of pedagogical sciences focused on
a) educating teachers of the first
level of basic school;
b) pedagogy of pre-school age and
higher education by completing an accredited bachelor’s study programme in the
field of pedagogical sciences focused on educating teachers of the first level
of basic school or by completing a programme of life-long learning organised by
a higher education institution and focused on educating teachers of the first
level of basic school;
c) educating teachers of the second
level of basic school and higher education by completing a bachelor’s study
programme in the field of pedagogical sciences focused on educating teachers of
the first level of basic school or by completing a programme of life-long
learning organised by a higher education institution and focused on educating
teachers of the first level of basic school; or
d) educating teachers under sub-section
2 (a).
(2) A teacher of the first level of basic school who performs direct educational function in a class or at school established for children with special educational needs shall acquire professional qualifications through
a) higher education by completing an accredited master’s study programme in the field of pedagogical sciences focused on special educational needs for teachers; or
b) education specified for teachers of the first level of basic school under sub-section 1 and higher education by completing an accredited bachelor’s study programme in the field of pedagogical sciences focused on special educational needs or by completing a programme of life-long learning organised by a higher education institution and focused on special educational needs.
Section 8
(1) Teachers
of the second level of basic school shall acquire professional qualifications
through higher education by completing an accredited master’s study programme
a) in
the field of pedagogical sciences focused on educating teachers of general
subjects taught at the second level of basic school;
b) in
the field of pedagogical sciences focused on educating teachers of general
subjects taught at the second level of basic school and general subjects taught
at secondary schools;
c) in
the field of pedagogical sciences focused on educating teachers of general
subjects taught at secondary schools;
d) in
a field appropriate to the nature of the subject to be taught, and through
higher education by completing an accredited bachelor’s study programme in the
field of pedagogical sciences focused on educating teachers of the second level
of basic school, or by completing a programme of life-long learning organised
by a higher education institution and focused on educating teachers of the
second level of basic school;
e) in
the field of pedagogical sciences focused on educating teachers of the first
level of basic school and through higher education by completing an accredited
bachelor’s study programme in the field of pedagogical sciences focused on
educating teachers of general subjects taught at the second level of basic
school or by completing a programme of life-long learning organised by a higher
education institution and focused on educating teachers of the second level of
basic school; or
f) under
Section 12, however only for teaching a foreign language.
(2) A teacher of the second level of basic school who teaches in a class or at school established for children with special educational needs shall acquire professional qualifications through
a) higher education by completing an accredited master’s study programme in the field of pedagogical sciences focused on special educational needs teachers; or
b) education specified for teachers of the second level of basic school under sub-section 1 and higher education by completing an accredited bachelor’s study programme in the field of pedagogical sciences focused on special educational needs or by completing a programme of life-long learning organised by a higher education institution and focused on special educational needs.
Section 9
Secondary School Teachers
(1) Teachers
of general subjects taught at secondary schools shall acquire professional
qualifications through higher education by completing an accredited master’s
study programme
a) in
the field of pedagogical sciences focused on educating teachers of general
subjects taught at secondary schools;
b) in
the field of pedagogical sciences focused on educating teachers of general
subjects taught at the second level of basic school and general subjects taught
at secondary schools;
c) in
a field appropriate to the nature of the subject to be taught and through
higher education by completing an accredited bachelor’s study programme in the
field of pedagogical sciences focused on educating secondary school teachers,
or by completing a programme of life-long learning organised by a higher
education institution and focused on educating secondary school teachers;
d) in
the field of pedagogical sciences focused on educating teachers of the second
level of basic school and through higher education by completing an
accredited bachelor’s study programme in
the field of pedagogical sciences focused on educating teachers of general
subjects taught at secondary schools, or by completing a programme of life-long
learning organised by a higher education institution and focused on educating
secondary school teachers; or
e) under
Section 12, however only for teaching a foreign language.
(2) A teacher of vocational subjects to be taught at secondary schools shall acquire professional qualifications through higher education by completing an accredited master’s study programme
a) in
the field of pedagogical sciences focused on educating teachers of vocational
subjects to be taught at secondary schools; or
b) in
a field appropriate to the nature of the subject to be taught and through
higher education by completing an accredited bachelor’s study programme in the
field of pedagogical sciences focused on educating secondary school teachers,
or by completing a programme of life-long learning organised by a higher
education institution and focused on educating secondary school teachers or by
studying pedagogy as a major subject at a higher education institution under
Section 22 (1) (hereinafter referred to as “studying pedagogy”).
(3) A teacher of practicum shall acquire professional qualifications through
a) higher education by completing an accredited study programme in a field appropriate to the nature of subjects to be taught in practicum and through higher education by completing an accredited bachelor’s study programme in the field of pedagogical sciences focused on educating secondary school teachers or by completing a life-long learning programme organised by a higher education institution and focused on educating secondary school teachers, or by studying pedagogy;
b) tertiary professional education by completing an accredited educational programme at a tertiary professional school in a field appropriate to the nature of subjects to be taught in practicum and through higher education by completing an accredited bachelor’s study programme in the field of pedagogical sciences focused on educating secondary school teachers, or by completing a life-long learning programme organised by a higher education institution and focused on educating secondary school teachers, or by studying pedagogy; or
c) secondary education accomplished by a school-leaving examination acquired by completing an educational programme of secondary education in a field appropriate to the nature of the subject to be taught and through higher education by completing an accredited bachelor’s study programme in the field of pedagogical sciences focused on educating secondary school teachers, by completing a life-long learning programme organised by a higher education institution and focused on educating secondary school teachers, or by studying pedagogy and practical experience in the relevant field of not less than three years.
(4) A teacher of practicum in the field of medical study subjects must also be qualified in that medical profession under a special legal regulation in the field[6] which he/she is to teach.
(5) A teacher of vocational training (at the relevant workplace)
shall acquire professional qualifications through education specified for
teachers of practicum under sub-section 3 and through secondary education with
an apprenticeship certificate by completing an educational programme of
secondary education in a field appropriate to the nature of the subject to be
taught.
(6) A secondary school teacher who teaches in a class or at a school established for pupils with special educational needs shall acquire professional qualifications through education specified for secondary school teachers under sub-sections 1 through 5 and through higher education by completing an accredited bachelor’s study programme in the field of pedagogical sciences focused on special educational needs or by completing a life-long learning programme organised by a higher education institution and focused on special educational needs.
Section 10
Teachers of Artistic Vocational
Subjects at Basic Artistic Schools,
(1) A teacher of artistic vocational subjects
at a basic artistic school, a secondary vocational school or a conservatory
shall acquire professional qualifications through
a) higher
education by completing an accredited study programme in the field
corresponding to the nature of the artistic subject to be taught and through
higher education by completing an accredited bachelor’s study programme in the
field of pedagogical sciences, or by completing a life-long learning programme
organised by a higher education institution and focused on pedagogy, or by
studying pedagogy;
b)
tertiary professional education by completing an eight-year or six-year
educational programme in the relevant field at a conservatory1
corresponding to the nature of the artistic subject to be taught;
c) tertiary
professional education by completing an accredited educational programme at a tertiary
professional school in a field appropriate to the nature of the artistic subject to be taught and through higher
education by completing an accredited bachelor’s study programme in the field
of pedagogical sciences or by completing a life-long learning programme
organised by a higher education institution and focused on pedagogy, or by
studying pedagogy;
d) secondary
education accomplished by a school-leaving examination acquired by completing
the corresponding part of an educational programme of a conservatory and
through higher education by completing an accredited bachelor’s study programme
in the field of pedagogical sciences, or by completing a life-long learning
programme organised by a higher education institution and focused on pedagogy,
or by studying pedagogy; or
e) secondary
education accomplished by a school-leaving examination acquired by completing
the educational programme of a secondary vocational school in a field
appropriate to the nature of the creative
subject to be taught and through higher education by completing an
accredited bachelor’s study programme in the field of pedagogical sciences or
by completing a life-long learning programme organised by a higher education
institution and focused on pedagogy, or by studying pedagogy.
(2) A head teacher of a basic artistic school,
secondary vocational school, or conservatory may, in well justified cases,
decide that he/she shall withdraw the prerequisite of professional
qualifications of a teacher of an artistic subject who performs
artistic-pedagogical activities provided that such a teacher has been an
performing artist[7]. Such decision must be
issued in writing. For the purpose of labour-law relations the prerequisite of
professional qualifications of a teacher at the relevant school shall be
satisfied by the issue of such a decision.
Section 11
(1) A teacher of general subjects or vocational
subjects teaching at a tertiary professional school shall acquire professional
qualifications through higher education by completing an accredited master’s
study programme in a field appropriate to the nature of the general subject or
vocational subject to be taught.
(2) A
teacher of practicum and vocational
training shall acquire professional qualifications through:
a) higher
education by completing an accredited study programme in a field appropriate to
the nature of the subjects to be taught in practicum;
b) tertiary
professional education by completing an accredited educational programme at a tertiary professional school in a field appropriate
to the nature of the subjects to be taught in practicum; or
c) secondary
education accomplished by a school-leaving examination acquired by completing
an educational programme of secondary education in a field appropriate to the
nature of the subject to be taught and having practical experience in the
relevant field of not less than three (3) years.
(3) A teacher of practicum and vocational
training of medical study subjects must be also qualified in that medical
profession under a special legal regulation6 in the field he/she is
to teach.
(4) A head
teacher of a tertiary professional school may, in well-justified cases, decide
that he/she withdraw the prerequisite of professional qualifications of a
teacher of an artistic subject who performs artistic-pedagogical activities
provided that such a teacher has been a performing artist. Such decision must
be issued in writing. For the purpose of labour-law relations the prerequisite
of professional qualifications of a teacher at the relevant school shall be
satisfied by the issue of such decision.
Section 12
A teacher at a language school
authorised to organise state language examinations shall acquire professional
qualifications through higher education by completing an accredited master’s
study programme
a)
in
the field of pedagogical sciences focused on educating teachers of foreign
languages; or
b)
in
the field of social sciences focused on foreign languages and through higher
education by completing an accredited bachelor’s study programme in the field
of pedagogical sciences, by completing a life-long learning programme organised
by a higher education institution and focused on education, or by studying
pedagogy.
Section 13
A teacher at an institution for the further
education of pedagogical staff shall acquire professional qualifications
through
a)
higher
education by completing an accredited master’s study programme in the field of
pedagogical sciences; or
b)
higher
education by completing an accredited master’s study programme different to the
programme stipulated in letter a)
and by
pedagogical practical experience or practical experience in a field appropriate
to the nature of educational subjects for not less than seven (7) years and in
a scope corresponding at least to a half of the determined working hours per
week.[8]
Section 14
A teacher
of religion shall acquire professional qualifications through higher education
by completing an accredited master’s study programme
a)
in
the field of theological sciences;
b)
in
the field of pedagogical sciences focused on educating teachers of religion; or
c)
in
the field of pedagogical or social sciences and through higher education by
completing an accredited bachelor’s study programme in the field of pedagogical sciences focused on educating
teachers of religion, or by completing a life-long learning programme organised
by a higher education institution and focused on educating teachers of
religion.
Section 15
A teacher of vocational training in a facility
providing social care shall acquire professional qualifications as a teacher of
vocational training under Section 9 (5) and at the same time by completing an
accredited educational programme focused on special educational needs and
organised by an institution for the further education of pedagogical staff.
Section 16
(1) An educator shall acquire professional
qualifications through
a)
higher
education by completing an accredited study programme in the field of
pedagogical sciences focused on education related activities or social
pedagogy;
b)
higher
education under Sections 7 through 12 with the exception of Section 11;
c)
tertiary
professional education by completing an accredited educational programme at a tertiary
professional school in a field focused on education related activities or
social pedagogy;
d)
tertiary
professional vocational education by completing an accredited educational
programme different to the programme stipulated in letter c) and through higher
education by completing an accredited bachelor’s study programme in the field
of pedagogical sciences focused on education related activities or social
pedagogy, or by completing a life-long learning programme organised by a higher
education institution and focused on education related activities or social
pedagogy, or by studying pedagogy;
e)
secondary
education accomplished by a school-leaving examination acquired by completing
an educational programme at a secondary vocational school in the field focused
on educating educators; or
f)
secondary
education accomplished by a school-leaving examination acquired by completing
the educational programme of a secondary school.
(2) An
educator who performs direct educational function at a boarding school or at
its department established for children and pupils with special educational
needs, at a school facility for institutional education or protective
education, or at a school facility for preventative educational care shall
acquire professional qualifications through
a)
higher
education by completing an accredited study programme in the field of
pedagogical sciences focused on special educational needs for educators; or
b)
education
specified for educators under sub-section 1 and by completing an accredited
bachelor’s study programme in the field of pedagogical sciences focused on
special educational needs or by completing a life-long learning programme
organised by a higher education institution and focused on special educational
needs.
Section 17
Teachers Responsible for Leisure
Activities
A teacher responsible for leisure activities
shall acquire professional qualifications through
a)
higher
education by completing an accredited study programme in the field of
pedagogical sciences focused on leisure activities or social pedagogy;
b)
higher
education under Section 7 through 12 with the exception of Section 11;
c)
tertiary
professional vocational education by completing an accredited educational
programme at a tertiary professional school in a field focused on leisure
activities or education related activities or social pedagogy;
d)
tertiary
professional education by completing an accredited educational programme
different to the programmes stipulated in letter c) and by completing a
life-long learning programme organised by a higher education institution and
focused on leisure activities or social pedagogy or education related activities,
or by studying pedagogy,
e)
secondary
education accomplished by a school-leaving examination acquired by completing
the educational programme of a secondary vocational school in a field focused
on leisure activities or education related activities, or
f)
secondary
education accomplished by a school-leaving examination and by completing a
life-long learning programme organised by a higher education institution and
focused on leisure activities or education related activities, or by studying
pedagogy.
Section 18
A teacher at special educational needs classes
or schools shall acquire professional qualifications through higher education
acquired by completing an accredited master’s study programme in the field of
pedagogical sciences focused on special educational needs.
Section 19
A psychologist shall acquire professional
qualifications through higher education by completing an accredited master’s
study programme in psychology.
Section 20
A
teacher’s assistant shall acquire professional qualifications through
a)
higher
education by completing an accredited study programme in the field of
pedagogical sciences;
b)
tertiary
professional education by completing an accredited educational programme at a tertiary
professional school in the field focused on educating teacher’s assistant or
social pedagogy;
c)
secondary
education accomplished by a school-leaving examination acquired by completing
an educational programme at a secondary vocational school in the field focused
on educating teacher’s assistants;
d)
secondary
education accomplished by an apprenticeship certificate acquired by completing
an educational programme of secondary education and by studying pedagogy; or
e)
basic
education and by completing an accredited educational programme for teacher’s
assistants organised by an institution for the further education of pedagogical
staff.
Section 21
A coach shall acquire professional
qualifications through
a)
higher
education by completing an accredited master’s study programme in the field of
pedagogical sciences focused on educating teachers of physical training and by
acquiring a certificate of at least 2nd class to be a coach of
relevant specialisation;
b)
higher
education by completing an accredited master’s study programme in the field of
physical training and sports and by acquiring a certificate of at least 2nd
class to be a coach of relevant specialisation;
c)
higher
education by completing an accredited bachelor’s study programme in the field
of physical training and sports and by acquiring a certificate of at least 2nd
class to be a coach of relevant specialisation;
d)
secondary
education accomplished by a school-leaving examination acquired by completing
an educational programme of secondary education or secondary education
completed by an apprenticeship certificate acquired by completing the
educational programme of secondary education and a special school for coaches
at any of the Faculties of Physical Training and Sports and by acquiring a
certificate of at least 2nd class to be a coach of relevant
specialisation.
Section 22
(1) Studying pedagogy shall be
understood to be education accomplished by completing an accredited educational
programme in the field of pedagogical sciences organised by an institution for
the further education of pedagogical staff
a)
for
secondary school teachers of vocational subjects, for tertiary professional
school teachers of practicum and vocational training, for teachers of artistic
vocational subjects at basic artistic schools, secondary vocational schools,
and conservatories as well as for teachers at language schools authorised to
organise state language examinations, in the scope of at least 120 hours with
the content focus on pedagogy, psychology, and didactics; and
b) for educators, teachers of leisure
activities and teacher’s assistants in the scope of at least 80 hours with the
content focus on pedagogy and psychology.
(2) A prerequisite of professional
qualifications of teachers performing direct educational function with
children, pupils, and students who are deaf-mute shall be to prove knowledge of
the sign language.
TITLE III
DIRECT
EDUCATIONAL FUNCTION
Section 23
(1) The scope of hours of direct educational
function per week shall be specified for a pedagogical worker by the head
teacher for a period of an academic year and for a semester of an academic year1.
A director of an institution providing social care shall specify the scope of
hours of the direct educational function for a calendar year,
(2) The
head teacher of a school established by the Ministry, a region, municipality or
union of municipalities shall specify the scope of hours of direct educational
function per week under an implementing legal regulation. In contracting or
approving shorter than specified week working hours the scope of direct
educational function shall be proportionally reduced.
(3) The head teacher or director of a facility
providing social care may order a pedagogical worker to carry out direct
educational function beyond the specified hours in the scope of not more than
four (4) hours per week and may negotiate with him/her two (2) more hours.
(4) Direct educational function beyond the
specified scope of hours shall also be direct educational function carried out
whilst substituting an absent pedagogical worker.
(5) The Government shall lay down by its
Regulation the scope of direct educational function of pedagogical staff at
schools established by the Ministry, a region, municipality or union of
municipalities.
TITLE IV
FURTHER
EDUCATION AND THE CAREER SCHEME OF PEDAGOGICAL STAFF AT SCHOOLS ESTABLISHED BY
THE MINISTRY, A REGION, MUNICIPALITY OR UNION OF MUNICIPALITIES AND AT
FACILITIES PROVIDING SOCIAL CARE
Section 24
(1) Pedagogical staff whilst performing direct
educational function shall have the duty of further education for renewing,
strengthening, and supplementing their qualifications.
(2) Pedagogical staff may participate in
further education increasing their qualifications. Under a special regulation[9]
increasing qualifications shall be understood as their acquisition or
extending.
(3) A head teacher shall organise further
education of pedagogical staff in accordance with a plan of further education
which shall have been laid down after preceding negotiations with a relevant
trade union body. When laying down the plan of further education it shall be necessary
to take into account the study interests of a pedagogical worker, the school
needs and budget.
(4) Further education of pedagogical staff
shall be held
a)
at
higher education institutions, at institutions of further education of
pedagogical workers and at other facilities (hereinafter referred to as
“educational institutions”) on the basis of accreditation granted by the
Ministry;
b)
by
self-education;
c)
by
the further education of medical staff under a special legal regulation6
in the case of teachers of medical subjects.
(5) Evidence of the completion of further
education under sub-section 4 (a) shall be a certificate issued by an
educational institution which organised further education.
(6) The Ministry shall lay down by an
implementing legal regulation types and conditions of further education of
pedagogical staff and the manner of its accomplishment. The Ministry of the
Interior shall lay down by an implementing legal regulation types and
conditions of further education of pedagogical staff and the manner of its
accomplishment for those pedagogical staff of schools established by the
Ministry of the Interior.
(7)
Pedagogical staff participating in further education under sub-section 4
(b) shall be entitled to twelve (12) working days off per academic year; for
the period of days off pedagogical staff shall be entitled to their salary
equalling the amount of loss of earnings. Should an employment contract be only
for a part of an academic year then the relevant pedagogical worker shall be
entitled to receive one twelfth of days off under the first sentence of this
sub-section for each month of duration of the employment contract. The head
teacher of a school shall assign days off as being days not obstructing school
operations.
Section 25
(1) For
the purpose of this Act the Ministry shall accredit educational institutions
and their educational programmes focused on the further education of
pedagogical staff on the basis of the application of a natural person or legal
person (hereinafter referred to as the “applicant”) and upon conditions laid
down herein. The Ministry shall maintain the Register of Applicants containing
data stated in Section 26 (1) or Section 27 (1) respectively. Personal data of
natural persons maintained in the Register shall be processed by the Ministry
in compliance with a special legal regulation.[10]
(2)
Educational institution accreditation shall be granted for a term of six
(6) years. Educational programme accreditation shall be granted for a term of
three (3) years. Prior to the lapse of a term under the first and second
sentences the holder of the educational institution accreditation or
educational programme accreditation may apply for its renewal.
(3) Educational institution accreditation or
educational programme accreditation shall not be subject to transfer and shall
not be devolved to legal successors.
(4) The Ministry shall inspect the activities
of accredited educational institutions when carrying out accredited programmes.
(5) Should any deficiencies in carrying out an
educational programme be found by the Ministry within its inspection the
Ministry shall request the educational institution to correct, within a
reasonable period of time, any and all deficiencies. If the educational
institution does not do so within the specified period of time the Ministry
shall withdraw the educational institution accreditation or the educational
programme accreditation.
(6) The Ministry shall withdraw the educational
institution accreditation or the educational programme accreditation also in
the event that the educational institution has experienced such circumstances
which would justify rejection of the application for educational institution
accreditation or educational programme accreditation.
(7) In
inspecting activities carried out by an accredited educational institution the
Ministry shall proceed under a special legal regulation.[11]
Section26
(1)
An application for educational institution accreditation shall contain
the name, surname, registered seat and identification number of the applicant,
if the applicant is a natural person, or the business name, registered seat or
a seat of an organisational unit, statutory body and identification number, if
the applicant is a legal person.
(2)
An application for educational institution accreditation must be
submitted along with an application for accreditation of at least one
educational programme of further education of pedagogical staff under Section
27.
(3)
The following must be enclosed with an application for educational
institution accreditation:
a)
the
licence for carrying out educational activities under a special legal
regulation[12];
b)
an
overview of personnel, technical and material equipment of the applicant for
educational institution accreditation in the field of further education of
pedagogical staff;
c)
an
overview of to-date activities of the applicant for accreditation;
d)
the
educational programme the accreditation is being applied for.
(4) The
Ministry shall grant a natural or legal person educational institution
accreditation provided that such a person satisfies conditions stipulated in
sub-sections 1 through 3 whilst taking into account the assessment of the
Accreditation Commission.
(5) The
Ministry shall not grant educational institution accreditation if a natural or
legal person
a)
did
not enclose with the respective application documents under sub-section 3
above;
b)
included
in the respective application incorrect or incomplete data and they have not
corrected or supplemented such data within the period of time specified by the
Ministry;
c)
enclosed
an educational programme which did not satisfy requirements laid down in
Section 27 (3);
d)
enclosed
an educational programme which has not been recommended for approval by the
Accreditation Commission.
(6) The Ministry shall maintain a list of all
accredited educational institutions and programmes which the Ministry shall
always publish at the beginning of an academic year in the Journal of the
Ministry and on the Ministry’s websites.
Section 27
(1) An
application for educational programme accreditation shall contain the name,
surname, registered seat and identification number of the applicant if the
applicant is a natural person, or the business name, registered seat or a seat
of an organisational unit, statutory body and identification number if the
applicant is a legal person.
(2) An
application for educational programme accreditation must be submitted along
with
a)
an
authenticated copy of accreditation of the educational institution which will
carry out the educational programme or an application of a natural or legal
person for educational institution accreditation;
b)
the
educational programme.
(3) The
educational programme shall contain
a)
its
name, type, form and targets; the type of educational programme shall express
the kind of further education of pedagogical staff; the form of educational
programme shall express whether it is education in the form of classroom
lessons, distance learning or is a combination of both;
b)
subjects
to be taught and their description;
c)
an
educational plan specifying the time sequence and content of subjects to be
taught and the term of education;
d)
a
list of trainers including their names, surnames and professional
qualifications for the educational programme in question.
(4) The
Ministry shall grant a natural or legal person accreditation of an educational
programme should the educational programme satisfy the conditions stipulated in
sub-section 3 above whilst taking into account the assessment of the
Accreditation Commission.
(5) The
Ministry shall not grant accreditation if a natural or legal person
a)
did
not enclose with the respective application documents under sub-section 2
above;
b)
included
in the respective application incorrect or incomplete data and they have not
corrected or supplemented such data within the period of time specified by the
Ministry;
c)
enclosed
an educational programme which did not satisfy requirements under sub-section
3;
d)
enclosed
an educational programme which has not been recommended for approval by the
Accreditation Commission..
Section 28
(1) The
Ministry shall establish the Accreditation Commission as its advisory body for
granting accreditation under Sections 25 through 27.
(2) The
Minister of Education, Youth and Sports shall appoint and recall members of the
Accreditation Commission. The Ministry shall lay down in the implementing legal
regulation the composition of the Accreditation Commission and rules for its
activities.
(3) The
Accreditation Commission shall assess in particular
a)
how
conditions for granting accreditation have been satisfied;
b)
the
content of an educational programme; and
c)
the
professional qualifications of trainers.
(4) On
the basis of the assessment of facts specified in sub-section 3 the
Accreditation Commission shall issue its opinion on the relevant application.
Section 29
(1) The
career scheme shall be a set of rules determined for the inclusion of
pedagogical staff into career grades.
(2)
A career grade shall be specified by a description of activities,
professional qualifications or other prerequisites of qualifications and a
system of appraisal which a pedagogical worker is obliged to satisfy in order
to be able to carry out such activities.
(3)
The inclusion of a pedagogical worker into a higher career grade shall
be conditional upon
a) performing activities
1.
specialised,
teaching method related, or methodological or more demanding mainly in terms of
psychological exertion and demands placed on preparation;
2.
managing;
and
b) satisfying professional
qualifications under Sections 6 through 21 and with regard to activities
specified by the Ministry by the implementing legal regulation also upon
satisfying other qualification prerequisites.
(4) Other qualification prerequisites shall be as
follows:
a)
pedagogical
experience which shall be understood as performance of direct educational
function;
b)
a certificate of qualifications to perform
specialised, teaching method related, or methodological or managing activities
issued by an accredited educational institution (hereinafter referred to as the
“certificate of qualifications”).
(5)
Conditions upon which a pedagogical worker shall be included into a
career grade, a description of activities, the length of teaching experience,
the conditions upon which a certificate shall be acquired and a system of
appraisal shall be laid down by the
Ministry in the implementing legal regulation issued under Section 24 (6).
(6)
The certificate of qualifications under sub-section 4 (b) issued to a
pedagogical worker must include the following data:
a)
the
name, surname, academic title, date and place of birth of the pedagogical
worker;
b)
the
number of the certificate;
c)
the
number of the career grade and description of
activities under sub-section 3 for which the pedagogical worker is
qualified;
d)
the
date of issue;
e)
the
seal of the educational institution; and
f)
the
signature of an authorised officer.
(7)
The Ministry shall maintain a Register of all certificates issued by
educational institutions under sub-section 4. Personal data of natural persons
maintained in the Register shall be processed by the Ministry in compliance
with a special act.10
TITLE V
COMMON
TRANSITIONAL AND FINAL PROVISIONS
Section 30
Pedagogical staff pursuant to this
Act shall be also pedagogical staff who, as of the date of the entering of this
Act into effect, shall satisfy qualifications for performing the activities of
a pedagogical worker under current legal provisions.
Section 31
Other qualifications acquired within
the further education of pedagogical staff as of the date of the entering of
this Act into effect under current legal provisions shall not be prejudiced.
Section 32
A natural person who does not
satisfy the prerequisite under Section 3 (1) (b) may perform direct educational
function after the date of the entering of this Act into effect
a)
not
longer than for a period of five (5) years unless they commence studies through
which they will acquire the required qualifications and if they complete such studies successfully;
b)
if
higher education institutions providing education in vocational subjects taught
at secondary and tertiary professional schools do not enable access to higher
education in an accredited educational programme for the relevant study field;
in such case acquisition of the highest possible education in the relevant
field shall be satisfactory.
Section 33
A head teacher of a school established by the
Ministry, a region, municipality or union of municipalities who has not
acquired knowledge in school management by graduating from the study programme
for head teachers within the further education of pedagogical staff under
Section 24 (4) (a) and performs the office of head teacher as of the date of
the entering of this Act into effect, may perform such an office for not longer
than for a period of five (5) years from the date of the entering of this Act
into effect unless he/she has performed the office of head teacher for a period
of at least ten (10) years.
Section 34
Unless stated otherwise proceedings on granting
accreditation to an educational institution or educational programme shall be
governed by general provisions of administrative proceedings[13].
The Ministry shall decide on an application for granting an educational
institution or educational programme accreditation within 120 days of its
delivery.
Section 35
The
employment relations of pedagogical staff of schools established by the
Ministry of the Interior, the Ministry of Defence and the Ministry of Justice
shall be governed by special legal regulations.[14]
The Provisions of Section 5, Section 9 (2), (3) and (5), Section 11, Section 24
and Section 29 shall apply to pedagogical staff of schools and school
facilities established by the Ministry of the Interior accordingly.
Section 36
The provisions of Section 5 (1) (a),
(b) and (c) shall not apply to a person performing the office of head teacher
as of the date of this Act’s entering into
effect.
Section 34
The following shall be repealed:
1. Government
Regulation No. 68/1997 Coll., laying down the scope of teaching duties of
teachers and the scope of educational duties of other pedagogical staff working
in the educational system.
2. Government
Regulation No. 153/1999 Coll., amending Government regulation No. 68/1997
Coll., laying down the scope of teaching duties of teachers and the scope of
educational duties of other pedagogical staff working in the educational
system.
3. Government
Regulation No. 400/2002 Coll., amending Government Regulation No. 68/1997
Coll., laying down the scope of teaching duties of teachers and the scope of
educational duties of other pedagogical staff working in the educational
system.
4. Decree
No. 139/1997 Coll., on conditions of professional and pedagogical
qualifications and on the prerequisites of qualifications of education
advisors.
PART TWO
Amendment
to the Labour Code
Section 38
Act No. 65/1965 Coll., the Labour
Code as amended by Act No. 88/1968 Coll., Act No. 153/1969 Coll., Act No.
100/1970 Coll., Act No. 146/1971 Coll., Act No. 20/1975 Coll., Act No. 72/1982
Coll., Act No. 111/1984 Coll., Act No. 22/1985 Coll., Act No. 52/1987 Coll., Act
No. 98/1987 Coll., Act No. 188/1988 Coll., Act No. 3/1991 Coll., Act No.
297/1991 Coll., Act No. 231/1992 Coll., Act No. 264/1992 Coll., Act No.
590/1992 Coll., Act No. 37/1993 Coll., Act No. 74/1994 Coll., Act No. 118/1995
Coll., Act No. 287/1995 Coll., Act No. 138/1996 Coll., Act No. 167/1999 Coll.,
Act No. 225/1999 Coll., Act No. 29/2000 Coll., Act No. 155/2000 Coll., Act No.
220/2000 Coll., Act No. 238/2000 Coll., Act No. 257/2000 Coll., Act No.
258/2000 Coll., Act No. 177/2001 Coll., Act No. 6/2002 Coll., Act No. 136/2002
Coll., Act No. 202/2002 Coll., Act No. 309/2002 Coll., Act No. 311/2002 Coll.,
Act No. 312/2002 Coll., Act No., 274/2003 Coll., Act No. 362/2003 Coll., and
Act No. 46/2004 Coll. is amended as follows:
1. Section 29a shall be followed by
new Section 29b which, including footnotes No. 4a and 4b, shall be as follows:
“Section 29b
The provisions on employment
contracts under Section 29a shall not apply to pedagogical staff of schools and
school facilities4a established by the Ministry of Education, Youth
and Sports, a region, municipality or a voluntary union of municipalities whose
subject of activities are tasks to be carried out in the educational system
(hereinafter referred to as “union of municipalities”) and to pedagogical staff
at facilities providing social care.4b
_____________
4a Act No. 563/2004 Coll. on Pedagogical Staff
and on the Amendment to Some Other Acts
4b Section 66 of Decree No. 182/1991 Coll.
implementing the Act on Social Security and the Act of the Czech National
Council on the Scope of Competencies of Social Security Authorities of the
Czech Republic.”.
2. In Section 82 the following
sub-section 4 shall be inserted after sub-section 3:
“(4) The Ministry of Education,
Youth and Sports shall issue the Decree laying down the employment rules for
employees of schools and school facilities 4a established by the
Ministry of Education, Youth and Sports, a region, municipality, or union of
municipalities. The first sentences of sub-section 3 shall not apply.”.
Current sub-sections 4 and 5 shall
be numbered as sub-sections 5 and 6.
3.
In Section 82 the sentence “The second sentence shall not apply in the
case of sub-section 4” shall be added at the end of sub-section 5.
Section 39
Transitional Provision
Until the Employment Rules are
issued under the Labour Code, Section 58 (b) of Act No. 29/1984 Coll., on the
System of Basic Schools, Secondary Schools and Tertiary Professional Schools
(the Educational Act), as amended, shall apply.
PART THREE
Amendment to the Act on the
Execution 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
Section 40
Act No. 109/2002 Coll., on the
Execution 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 shall be amended as follows:
1.
Sub-section 1 of Section 18 including the relevant footnotes shall be
repealed.
Current sub-section 2 and 3 shall be numbered
as sub-sections 1 and 2.
2.
The word “worker” in Section 18 (1) shall be replaced by the wording
“worker8a at the facility or centre”.
3.
Footnote No. 8a shall be as follows:
__________
“8a Section 2 (1) of
Act No. 563/2004 Coll. on Pedagogical Staff and on the
Amendment to Some Other Acts.”.
4.
The wording “at a facility or centre” shall be inserted in Section 18
(2) after the word “staff”.
PART
FOUR
Amendment
to the Act on Wages and Compensation for Being on Call in Organisations Covered
from the State Budget and Some Other Organisations and Bodies
Section 41
Act. No. 143/1992 Coll., on Wages
and Compensation for Being on Call in Organisations Covered from the State
Budget and Some Other Organisations and Bodies, as amended by Act No. 590/1992
Coll., Act No. 10/1993 Coll., Act No. 40/1994 Coll., Act No. 118/1995 Coll.,
Act No. 201/1997 Coll., Act No. 225/1999 Coll., Act No. 132/2000 Coll., Act No.
217/2000 Coll., Act No. 492/2001 Coll., Act No. 308/2002 Coll., Act No.
309/2002 Coll., and Act No. 421/2002 Coll. is amended as follows:
1.
Section 8 shall be followed by new Section 8a which, including footnotes
No. 8a and 8b, shall be as follows:
“Section 8a
Compensation for Direct educational function beyond the Specified Scope of Hours
A pedagogical worker8a shall be
compensated for each hour of direct teaching, direct educational function,
direct special educational needs activities or direct pedagogical-psychological
activities directly affecting learners and thus implementing education and
training pursuant to a special legal regulation8b beyond the scope
of hours specified by the head teacher, the director of the school facility or
the director of the facility providing social care under a special legal
regulation, at the amount of a double average hourly compensation.
______________
8a Section
2 of Act No. 563/2004 Coll. on Pedagogical Staff on the Amendment to Some
Other Acts
8b Act No. 561/2004 Coll., on Pre-School, Basic, Secondary, Tertiary Professional and Other Education (the Education Act).”.
2. Section 9
shall be followed by new Section 9a which shall be, including footnote No. 8c,
as follows:
“Section 9a
A pedagogical worker who, in
addition to his/her direct educational function8a, also performs
specialised activities for execution of which other qualifications are required8c
shall be compensated by the amount of CZK 1,000 up to CZK 2,000 a month.
_________________
8c Act No. 563/2004 Coll. on
Pedagogical Staff and on the Amendment to Some Other Acts
3.
In Section 23 (1) letter g) is repealed.
Current letters h) and i) shall be denoted as
letters g) and h).
PART
FIVE
EFFECTIVENESS
This act shall enter into effect on
Authorised
signatures
Zaorálek
Klaus
Gross
[1] Act No. 561/2004 Coll., on
Pre-School, Basic, Secondary, Tertiary Professional and Other Education (the
Education Act).
[2] For example Act No. 1/1994 Coll.,
on Employment, as amended
[3] Ministry of Health Decree No.
49/1967 of the Ministry’s of Health Journal on assessing health capacity
necessary for performing certain work (registered under item 2/1968 Coll.,) as
amended
[4] For example Act No. 18/2004 Coll., on Recognising Professional Qualifications and Other Capabilities of Nationals of the European Union Member States and on the Amendment to Some Other Acts (the Act on Recognising Professional Qualifications)
[5] Act No. 111/1998 Coll. on Higher
Education Institutions and on the Amendments and Supplements to Other Acts (the
Higher Education Act), as amended
[6] Act No. 95/204 Coll. ,on the Conditions for Acquiring and
Recognising Professional Qualifications and Specialised Qualifications to
Perform the Professions of a Physician, Dentist, and Pharmacist
Act No. 96/2004 Coll., on the Conditions for Acquiring and Recognising Professional Qualifications to Perform Non-medical Health Care Professions and to Perform Activities relating to Health Care Provision and on the Amendment to Some Related Acts (the Act on Non-medical Health Care Professions)
[7] Act No. 121/2000 Coll. on
Copyright, on Rights relating to Copyright and on the Amendment to Some Other
Acts (the Copyright Act)
[8] Section 83 of the Labour Code
[9] Section 142 (1) of the Labour Code
[10] Act No.101/2000 Coll., on the Protection
of Personal Data, as amended.
[11] Act No. 552/1991 Coll., on State
Inspection, as amended
[12] Act No. 561/2004 Coll., on
Pre-School, Basic, Secondary, Tertiary Professional and Other Education (the
Education Act).
Act No. 111/1998 Coll., as amended
The Trade Licence Act
The Commercial Code
[13] Act No. 71/1967 Coll., on
Administrative Procedure (the Rules of Administrative Procedure), as amended.
[14] Act 186/1992 Coll., on Employment
Relations of Members of the Police of the
Act No. 221/1999 Coll., on Professional Soldiers, as amended.