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Verwaltungsgerichtsbarkeits Adjustment Act Federal Ministry For Education, Arts And Culture, Service Law

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz - Bundesministerium für Unterricht, Kunst und Kultur, Bereich Dienstrecht

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151. Federal law with which the State Teaching Law Act and the Law on Teaching Practice are amended (Administrative Jurisdiction Adaptation Act-Federal Ministry of Education, Arts and Culture, Area of Service Law)

The National Council has decided:

Article 1

Amendment of the Landeslehrer-Dienstrechtsgesetz

The Landeslehrer-Dienstrechtsgesetz (LDG 1984), BGBl. No 302/1984, as last amended by the Federal Law BGBl. N ° 24/2013, shall be amended as follows:

1. In § 12 (7), § 19 (6), in the title of § 98 and in § 98 the word shall be "vocation" by the word "Complaint" replaced.

2. In § 72 (3) (2), the term "Personnel Representation Supervisory Commission" by the term "Personnel Management Authority" replaced.

Section 75 (2) reads as follows:

" (2) The Disciplinary Lawyer or Disciplinary Lawyer shall be granted the right to:


Appeal against the disciplinary committee pursuant to Art. 132 (5) B-VG complaint to the Regional Administrative Court; and


against the recognition of the Regional Administrative Court in accordance with Art. 133 (8) B-VG Revision in the Administrative Court


4. § 80 (2) reads:

"(2) The complaint against a (provisional) suspension does not have suspensive effect."

5. In § 80 (3a) the phrase "Appointment to the competent authority for this purpose" through the phrase "Complaint to the Regional Administrative Court" replaced.

§ 67 including the title, § 80 (6), § 82 (3), last sentence, § 88, including the title and § 92 (2), last sentence, are no longer required.

7. In § 95, the last sentence of paragraph 1 is deleted as well as (4).

8. § 97a reads:

" § 97a. Legally binding disciplinary findings and final decision-making decisions shall be published without delay by the chairman or chairperson of the authority responsible for carrying out the disciplinary proceedings in an anonymized form. "

9. In § 123, paragraph 69 is given in the version of the Federal Law BGBl. I n ° 24/2013 the name "70" and shall be added to the following paragraph 71:

" (71) § 12 para. 7, § 19 para. 6, § 72 para. 3 Z 2, § 75 para. 2, § 80 para. 2 and 3a, § 97a and § 98 with the title of this federal law in the version of the Federal Law BGBl. I n ° 151/2013 are due to 1. January 2014 in force; at the same time, § 67 including the title, § 80 (6), § 82 (3), last sentence, § 88, including the title, § 92 (2), last sentence, § 95, paragraph 1, last sentence, and paragraph 4, are repeal. "

Article 2

Amendment of the law on teaching practice

The Education Language Law (UPG), BGBl. No. 145/1988, as last amended by the Federal Law BGBl. N ° 24/2013, shall be amended as follows:

1. In § 19 (1) (1) (1) and (2) and (2) and (4) (2) the "living in a community of life" in each case by the word sequence "living in a life community or a registered partnership" replaced.

2. In § 19 (1), at the end of the Z 2 the point is given by the word "or" replaced and the following Z 3 added:

" 3.

because of the assistance of his child, choice or nurse, stepchild or the child of the person with which he or she lives in a community or registered partnership, in a hospital stay in a nursing and nursing home, provided that the child has not yet completed the tenth year of life. "

Article 19 (4a) is deleted and is paragraph 5:

" (5) In the case of the necessary care of her or his sick child (choice or nursing child), the teaching practice or the right to be taught also has the right to a nursing exemption pursuant to paragraph 1 (1) and (4), who or who does not have the right to receive a nursing care. or his ill child (choice or foster child) living in the common household. "

4. § 24 (7) and § 27 (4) shall be deleted.

5. According to § 24, the following § 24a and heading is inserted:

" Provisional procedure (contradiction)

§ 24a. (1) The responsible Landesschulrat (Stadtschulrat für Wien) shall be admissible against decisions of the Head of the Head or of the Head of the Office in the matters of Section 24 (5). The objection shall be made in writing (in any technically possible form, but not by e-mail) within fourteen days after the conclusion or delivery of the certificate at the school.

(2) With the introduction of the opposition, the (provisional) decision of the conductor or of the conductor does not enter into force. In these cases, the Landesschulrat (City School Council for Vienna) has to initiate the administrative procedure and make the decision with a decision.

(3) In the case of a review of the assessment of a teaching practice in religion, the opinion of the responsible ecclesiastic authority shall be obtained. In the event of a change in the assessment, a corresponding amended certificate shall be issued. "

6. In § 27 (3) the word "vocation" by the word "Complaint" replaced.

(7) The following paragraph 15 is added to § 30:

" (15) § 24a together with the title and section 27 (3) of this Federal Act in the version of the Federal Law BGBl. I n ° 151/2013 are due to 1. Jänner 2014 in force; at the same time, § 24 (7) and § 27 (4) repeal. "