Education Authorities - Administrative Reform Law 2013

Original Language Title: Schulbehörden – Verwaltungsreformgesetz 2013

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996252/schulbehrden--verwaltungsreformgesetz-2013.html

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164. Federal law with the Federal Constitutional law, the Federal Constitutional law of 18 July 1962, with the 1929 in terms of education modifies the Federal Constitutional law as amended, and the federal school inspection Act to reform of the management of the education system of the Federal Government be changed (education authorities - administrative reform law 2013)

The National Council has decided:

Article 1

(Constitutional provision)

Amendment of the Federal Constitution Act

The Federal Constitution Act, Federal Law Gazette No. 1/1930, last amended by Federal Law Gazette I no. 59/2013, is amended as follows:

1. in article 14, paragraph 3 lit. the phrase "in the countries and political districts" is a.

2. in article 14, paragraph 4 lit. a is omitted the phrase "in the countries and political districts" and is attached:

"in national laws may provide, that the service prerogative is exercised about the teachers at public compulsory schools by the respective Board of education of the Federal Government, that it is bound to the instructions of the provincial government;"

3. in article 14, paragraph 5 lit. a and b is substituted the word "Training schools" with the word "Practice schools".

4. in article 81a para 1, the phrase is replaced - as far as it is not to the University and industry of Academy of arts as well as agricultural and forestry schools and agricultural and forestry education in the Affairs of the student hostels - insofar as this is not, to the University and higher education to the agricultural and forestry education including for agricultural and forestry education in matters pertaining to the dormitories, as well as to central educational institutions - by the phrase.

5. Article 81a paragraph 2 reads:

"(2) for the area of each country a school board to lawmakers as a provincial is set up. In Vienna the land School Board has to carry the name "Vienna City School Board". The substantive scope of the boards is to fix by federal law."

6 article 81a para 3 lit. a first and second sentence is replaced by the following sentence:

"Under the boards colleges are set up, whose voting members are appointed according to the strength ratio of the parties in the Parliament."

7. in article 81a, para 3 lit. b eliminates the phrase ", Chairman of the District School Board, the head of the district administration authority".

8 article 81a para 3 lit. first sentence is c:

"Responsibilities of the colleges and the President of the boards shall be determined by law."

9. in article 81a, para 3 lit. d eliminates the bracket expression (the Chairman).

10. in article 81a, para 3 lit. e eliminating the parenthetical expressions (Chairman) and (Chairman).

11. in article 81b paragraph 1 "Three proposals" is replaced in the introductory phrase "identified three proposals" through the turn.

12. in article 81b paragraph 1 is lit. (b) the phrase "Country - and Bezirksschulräten" by the phrase "Landesschulräten" replaced, the comma at the end of the lit. b replaced by a point and is lit. (c).

13. in article 132 § 1 Z 2 in the version of the Federal Constitution Act, Federal Law Gazette I be no. 51/2012, replaces the words "State and District School Board" by the word "Board".

14 in article 132 paragraph 4 as amended by the Federal Constitution Act, Federal Law Gazette I no. 51/2012 the words "the School Board" shall be replaced by the words "the land School Board".

15. in article 133 paragraph 6 No. 4 in the version of the Federal Constitution Act, Federal Law Gazette I be no. 51/2012 replaced the words "the School Board" by the words "the land School Board".

16 Article 151 56 the following paragraph is added:

"(56) as amended by the education authorities - administrative reform act 2013, Federal Law Gazette I no. 164/2013, enter into force:"



1. Article 14 paragraph 5 lit. a and b and the introductory phrase of article 81 b paragraph 1 at the end of the day of the announcement in the Federal Law Gazette, 2. Article 81 a par. 1 with 1 September 2013, 3 article 14 para 3 lit. a, paragraph 4 lit. "a, article 81a (2) and (3), article 81b paragraph 1 (if not covered by Z 1), art. 132 paragraph 1 and 4, and article 133 paragraph 6 with 1 August 2014."

Article 2

(Constitutional provision)

Amendment of the Federal Constitution Act, with the changes the Federal Constitutional law as amended by 1929 in terms of education

The Federal Constitutional law, with the 1929 in terms of education modifies the Federal Constitutional law as amended, BGBl. No. 215/1962, as last amended by Federal Law Gazette I no. 2/2008 is amended as follows:

1. in article III, paragraph 1, the phrase "of the Federal deaf Institute in Vienna" is replaced by the phrase "of the Federal Institute for deaf education in Vienna".

2. in article III, the sales designation does not apply (1), as well as of paragraph 2.

3. in article IV, paragraph 3 lit. a is replaced by the phrase "at elementary schools, secondary schools, new middle schools, polytechnic schools and vocational schools" the twist "in elementary and secondary schools, Polytechnic courses and industrial, commercial and household vocational schools".

4. Article XI reads:

"Article XI.

In the version of Federal Law Gazette I no. 164/2013 article III paragraph 1 and article IV paragraph 3 as amended by the education authorities - 2013 administrative reform act, Federal Law Gazette become I no. 164/2013, with the promulgation of the Federal Act in the Federal Law Gazette the following day. Article III paragraph names entering (1) and paragraph 2 upon expiry of the 31 July 2014 except force."

Article 3

Amendment of the federal inspection law

The Federal Inspection Act, Federal Law Gazette No. 240/1962, as last amended by Federal Law Gazette I no. 75/2013, is amended as follows:

1 in § 1 ABS. 1 deleted the phrase "and political districts".

2. in article 2, the comma by the word is 'and' replaced and deleted the phrase "and the this below Bezirksschulräten".

3. § 3 ABS. 1 Z 1 to 3 is replaced by the following Nos. 1 and 2:



"1. the provincial for all schools, except the central educational institutions (para. 4); factually, eligible federal authority is the Federal Minister for education, art and culture;

2. the Federal Minister for education, art and culture for the central educational institutions (para. 4)."

4. paragraph 3 is omitted § 3.

5. paragraph 4 together with the heading:

"Territorial jurisdiction of the authorities of the Federal Government in the countries

4. (1) extends the territorial jurisdiction of the Board on the territory of the Federal State. The territorial jurisdiction of the City Council of Vienna covers the area of the capital Vienna.

(2) the seat of the Board depends on which of the City Council of Vienna after the City Senate that the State Government. According to regional needs the land School Board (College) can set up also offices of the land School Board (educational regions)."

6. the heading of chapter II is as follows:

"Section II.

Organisation of the education authorities of the Association in the countries'

7. the standing at the beginning of the section II heading "Provincial" is omitted.

7A. § 8 par. 2 lit. b for 3 is added following Z. 4:



"4. representatives and representatives of pupils and students, teachers and parents" 8 (determination of principle of) in article 8, paragraph 8 is replaced the phrase "also the district school inspectors" by the phrase "the compulsory school inspectors for general education schools".

9 § 11 subsection 3 third sentence reads:

"The proposal of the President (article 67 par. 1 of the Federal Constitution Act, BGBl. No. 1 / 1930) has to be carried out on the basis of a lined three-way proposal of the quorum of the Board."

10. (principle determination in terms of § 14) which account for article 12 preceding heading "Bezirksschulrat", the sections 12 to 16 each and heading as well as the following section 16 heading 'Common provisions'.

11. in article 17, paragraph 1, deleted the phrase "and boards" and the word "Chairman" is replaced by the word "President".

12. in paragraph 18, the phrases "Country - and Bezirksschulräten", "country - and district-level" be para 1 and 'Country - and boards' by the words Landesschulräten ","Country"and"Boards"and the bracket expression"(Abs. 2 Z 2)"by the parenthetical expression"(Abs. 2 Z 3) replaced.

13. in article 18, paragraph 2, Z 3 is replaced by the phrase "at national and school level" the twist "on State, district, and school level".

14 the last sentence is § 19.

15. in article 20, paragraph 1 and 2, the phrase "State and boards" by the word "Boards" will be replaced.

16. in article 20, para. 3, eliminates the phrase "or the Bezirksschulräten" and is the bracket expression: "(Art. 97 Abs. 2 des Bundes-Verfassungsgesetzes)".

17 paragraph 1 is eliminated § 21.

18 paragraph 22:

"§ 22. Them due to the restructuring of the school authorities set up in the districts of the Federal for the duration of the further existence of the boards to the occupation by temporary entrustment must advertised posts of district school inspectors and district school inspectors by perpetual entrustment of the appointed teacher and be occupied by their appointment."

19 the following paragraph 7 is added to the section 24:


"(7) for the entry into force of the Federal Act Federal Law Gazette I no. 164 / 2013 modified or inserted provisions and for the expiry of the provisions deleted by this federal law, as well as for the transition to the new legal situation, the following applies:"



1 § 11 paragraph 3 shall enter into force the day of the announcement in the Federal Law Gazette, 2. Article 21, paragraph 1 the by-laws in the Federal Law Gazette override, 3. Article 1, paragraph 1, article 2, article 3, paragraph 1, section 4 together with heading, section II regarding the subheadings independent of paragraph, with expiration of the day section 17 para 1, § 18 para 1 and 2, article 19, article 20, paragraph 1 , 2 and 3 as well as article 22 with 1 August 2014 into force, section 3 para 3 as well as the sections 12, 13, 15 and 16 each and heading are 4. expiry of the 31 July 2014 except force, 5. (principle of determination) § 8 par. 2 lit. b Z 4 and § 8 paragraph 8 enter into force towards the countries with expiration of the day of the announcement in the Federal Law Gazette. § 14 and heading appears to the countries at the end of the day of the announcement in the Federal Law Gazette override; the implementing legislation are to adopt within a year and with to implement 1 August 2014."

Fischer

Faymann