Education Authorities - Administrative Reform Law 2013

Original Language Title: Schulbehörden – Verwaltungsreformgesetz 2013

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164. Federal Law, with which the Federal Constitutional Law, the Federal Constitutional Law of 18 July 1962, with which the Federal Constitutional Law is amended in the version of 1929 with regard to the school system, and the Federal School Supervision Act on the Reform of the Federal Constitutional Law Administration of the federal education system are changed (school authorities-Administrative Reform Act 2013)

The National Council has decided:

Article 1

(constitutional provision)

Amendment of the Federal Constitutional Law

The Federal Constitutional Law, BGBl. No. 1/1930, as last amended by the Federal Act BGBl. I n ° 59/2013, shall be amended as follows:

1. In Article 14 (3) lit. a eliminates the word sequence "in the countries and political districts" .

(2) In Article 14 (4) (4). a eliminates the word sequence "in the countries and political districts" and shall be added:

"In the Land laws, provision can be made for the dienthoness of the teachers of public compulsory schools to be exercised by the respective federal school authority, which is bound by the instructions of the state government;"

3. In Art. 14 (5) lit. a and b will the word "Practice Schools" in each case by the word "Practical schools" replaced.

(4) In Article 81a (1), the word sequence shall be: "-insofar as it is not the higher education and art academy as well as the agricultural and forestry school system and the agricultural and forestry educational system in the affairs of the student homes-" through the phrase "-insofar as it is not the university and higher education system, the agricultural and forestry school system, including the agricultural and forestry education system in the affairs of the student homes as well as the central institutions " replaced.

5. Article 81a (2) reads:

" (2) For each country, a school authority to be designated as a national school council is to be set up. In the Land of Vienna the Landesschulrat (Landesschulrat) has the name "Stadtschulrat für Wien". The factual sphere of action of the State School Councils shall be regulated by federal law. "

6. Art. 81a (3) lit. a first and second sentences are replaced by the following sentence:

"Within the framework of the State School Councils, colleges are to be set up, the voting members of which are to be ordered according to the strength ratio of the parties in the Landtag."

7. In Art. 81a (3) lit. b eliminates the turn " , Chairman of the district school council of the heads of the district administrative authority " .

8. Art. 81a (3) lit. c First sentence is:

"The roles of the colleges and the presidents of the State School Councils are to be determined by law."

9. In Art. 81a (3) lit. d dispenses with the parenthesis "(the Chairman)" .

10. In Art. 81a (3) lit. e dispense the clip expressions "(Chair)" and "(Chair)" .

11. In Art. 81b (1), the word shall be used in the introduction "Triple Proposals" through the turn "Tripartied Tripartis" replaced.

12. In Art. 81b (1), lit. b the turn "Country and district school councils" through the turn "Landesschulräten" replaced, the side mark at the end of the lit. b is replaced by a point and is deleted. c.

13. In Art. 132 paragraph 1 Z 2 in the version of the Federal Constitutional Law, BGBl. I n ° 51/2012, the words "Land and District School Board" by the word "Landesschulrat" replaced.

14. In Art. 132 (4) in the version of the Federal Constitutional Law BGBl. I n ° 51/2012 the words "the school authority" by the words "the Landesschulrat" replaced.

15. In Art. 133 sec. 6 Z 4 in the version of the Federal Constitutional Law BGBl. I n ° 51/2012 the words "the school authority" by the words "the Landesschulrat" replaced.

(16) The following paragraph 56 is added to Article 151:

" (56) In the version of the school authorities-Administrative Reform Act 2013, BGBl. I No 164/2013, enter into force:

1.

Art. 14 (5) (lit). a and b as well as the entry rate of Art. 81b (1) with the expiry of the day of the customer's presentation in the Federal Law Gazans,

2.

Art. 81a (1), 1 September 2013,

3.

Art. 14 (3) (a), (4) (a), Art. 81a (2) and (3), Art. 81b (1) (if not covered by Z 1), Art. 132 (1) and (4) and Art. 133 (6) with 1 August 2014. "

Article 2

(constitutional provision)

Amendment of the Federal Constitutional Law, amending the Federal Constitutional Law as amended by 1929 with regard to the school system

The Federal Constitutional Law, with which the Federal Constitutional Law is amended in the version of 1929 with regard to the school system, BGBl. No 215/1962, as last amended by the Federal Law BGBl. I n ° 2/2008, shall be amended as follows:

1. In Art. III. 1 becomes the turn of the "der Bundes-Taubstummeninstitut in Wien" through the turn "The Federal Institute for Deaf Education in Vienna" replaced.

2. In Art. III the sales designation shall be deleted "(1)" as well as (2).

3. In Art. IV, para. 3 lit. a becomes the turn "at primary and secondary schools, polytechnic courses and in commercial, commercial or in-house vocational schools" through the turn "at elementary schools, secondary schools, new middle schools, polytechnic schools and vocational schools" replaced.

4. Art. XI is:

" Article XI.

In the version of the Federal Law BGBl. I No 164/2013 are of a nature. III (1) and Art. IV (3) in the version of the School Authorities-Administrative Reform Act 2013, BGBl. I n ° 164/2013, with which the following day is in force following the presentation of the Federal Act of the Federal Republic of Germany in the Federal Law Gazans. In Art. III. the sales designations "(1)" and (2) shall expire at the end of 31 July 2014. "

Article 3

Amendment of the Federal Education and Training Act

The Federal School Supervision Act, BGBl. No 240/1962, as last amended by the Federal Law BGBl. I No 75/2013, shall be amended as follows:

1. In § 1 para. 1, the turn-of-the-turn "and political districts" .

2. In § 2, the accoration shall be made by the word "and" Replaces and eliminates the turn "and the county school councils under these conditions" .

3. § 3 Abs.1 Z 1 to 3 shall be replaced by the following Z 1 and 2:

" 1.

the Landesschulrat (Landesschulrat) for all schools, with the exception of the central institutions (par. 4); factually relevant upper authority is the Federal Minister for Education, Arts and Culture;

2.

The Federal Minister for Education, the Arts and Culture for the Central Hospitals (paragraph 1) 4). "

4. § 3 (3) deleted.

5. § 4 together with headline reads:

" Local responsibility of the federal authorities in the federal states

§ 4. (1) The local competence of the Landesschulrat (Landesschulrat) extends to the territory of the Federal State. The local competence of the City School Council for Vienna extends to the territory of the Federal Capital of Vienna.

(2) The seat of the Landesschulrat shall be governed by that of the State Government, which shall be the City Council for Vienna in accordance with that of the City Council. According to regional requirements, the Landesschulrat (College of Education) can also set up external offices of the Landesschulrat (educational regions). "

6. The heading of Section II is:

" Section II.

Organization of federal school authorities in the federal states "

7. The heading at the beginning of Section II "Landesschulrat" No.

7a. § 8 para. 2 lit. b Z. 3 is added to the following Z. 4:

" 4.

Representatives and representatives of pupils, teachers and parents "

8. ( Principle specification ) In Section 8 (8), the turn-of-the- "also the district school inspectors" through the turn "compulsory school inspectors for general education compulsory schools" replaced.

9. § 11 para. 3 third sentence reads:

" The proposal to the Federal President (Art. Article 67 (1) of the Federal Constitutional Law, BGBl. No. 1/1930) has to be carried out on the basis of a three-year proposal of the College of the Regional Council of Education. "

10. (determining the principles with regard to § 14) The heading preceding paragraph 12 "District School Council" , § § 12 to 16, in each case together with the title, as well as the title following section 16 "Common provisions" .

11. In § 17 (1) the turn-of-the-turn "and district school councils" and the word shall be "Chairperson" by the word "Presidents" replaced.

12. In § 18 (1), the twists "Country and district school councils" , "Country and District Level" and "Land and county school councils" by the words "Landesschulräten" , "Country Level" and "LandesschulCouncils" as well as the parenthesis " (par. 2 Z 2) " by the parenthesis expression " (par. 2 Z 3) " replaced.

13. In § 18 para. 2 Z 3 the turn is "on country, district and school level" through the turn "on Land and School Level" replaced.

14. § 19, last sentence is deleted.

15. In § 20 (1) and (2), the turn shall be "Land and county school councils" in each case by the word "LandesschulCouncils" replaced.

16. In § 20 (3), the turn-of-the-turn "or the district school councils" and the parenthesis is: " (Art. Article 97 (2) of the Federal Constitutional Law) " .

17. § 21 (1) deleted.

18. § 22 reads:

" § 22. The planning offices of the district school inspectors for the duration of the further existence of the county school councils for the duration of the further existence of the district school councils for the duration of the further existence of the county school inspectors and county school inspectors may be filled by indefinite stubbornness of the appointed teacher and by their appointment. "

19. The following paragraph 7 is added to § 24:

" (7) For the entry into force of the by the Federal Law BGBl. I No 164/2013 amended or inserted provisions and for the expiry of the provisions of this Federal Act as well as for the transition to the new legal situation:

1.

Section 11 (3) enters into force at the end of the day of the customer's presentation in the Federal Law Gazans,

2.

Section 21 (1) shall expire at the end of the day of the manifestation in the Bundesgesetzblatt (Federal Law Gazans),

3.

§ 1 para. 1, § 2, § 3 paragraph 1, § 4 with title, Section II regarding the interim headings independent of paragraphs, § 17 para. 1, § 18 para. 1 and 2, § 19, § 20 para. 1, 2 and 3 as well as § 22 shall enter into force on 1 August 2014,

4.

§ 3 (3) as well as § § 12, 13, 15 and 16, together with the title, expire on 31 July 2014.

5.

( Principle specification ) § 8 para. 2 lit. b Z 4 and § 8 (8) shall enter into force with respect to the Länder at the end of the day of the customer's notice in the Federal Law Gazans. Section 14, together with the headline, shall not apply to the Länder at the end of the day of the manifestation in the Federal Law Gazprom; the laws of execution shall be adopted within one year and shall be put into effect on 1 August 2014. "

Fischer

Faymann