Amendment Of The Compulsory Education Act Of 1985 And The Educational Documentation Act

Original Language Title: Änderung des Schulpflichtgesetzes 1985 und des Bildungsdokumentationsgesetzes

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77. Federal Act, with which the Act of Education Act 1985 and the Education Document Law are amended

The National Council has decided:

Article 1

Amendment of the compulsory schooling law 1985

The Compulsory Education Act 1985, BGBl. N ° 76, as last amended by the Federal Law BGBl. I No 76/2013, shall be amended as follows:

1. In § 8a (2), third sentence, the word "or" in front of the school name "New middle school" .

Article 8a (3) reads as follows:

" (3) If the parents or other guardians wish to receive the child in a primary school, Hauptschule, Neue Mittelschule, Polytechnic School, lower level of a general education higher school or household school and consist of No corresponding funding opportunities at such a school, which can be reached by the child in the course of a school path which can be expected to him, the District Council of Education has, in the context of its responsibilities, measures on the circumstances within the scope of its responsibilities. to enable the visit of the desired type of schooling to be taken and-in the case of Responsibility of other bodies-to apply for the implementation of the measures in question. "

(3) In § 8b, the word "or" in front of the school name "New middle school" .

4. § 24 (4) reads:

" (4) The non-performance of the obligations referred to in paragraphs 1 to 3 above, but with regard to the obligation to attend regular school attendance only after successful implementation of the measures pursuant to Section 24a (2) to (6), constitutes an administrative transgressing and is from the district administrative authority with a fine of up to 440 €, in the case of incrimination with a replacement custodial sentence of up to two weeks. "

5. § 24a receives the paragraph "§ 24b." . The new § 24b shall be preceded by the following § 24a together with the heading:

" Measures to fulfil compulsory schooling (five-step plan)

§ 24a. (1) The following paragraphs 2 to 6 regulate measures for the case of non-regular school visits in accordance with § 24 (4) in conjunction with § 9 (1) to (5). The measures shall then be unsuccessful within the meaning of Article 24 (4), if the verification pursuant to paragraph 7 has shown that the measures in accordance with para. 2 to 6 show no effect or have too little effect. In duly substantiated cases, the headmaster may set different deadlines from paragraphs 4 to 7.

(2) At the beginning of each school year, an agreement on communication and behaviour is to be drawn up between pupils of each class and the class teacher or the class-head. It defines the basic rules of cooperation in the sense of the culture of agreement in schools.

(3) If a student stays away from the classroom for five days or 30 hours of instruction in the semester or three consecutive days, a call to be made immediately and in a compulsory manner shall be between the Guardians, the pupil and the class teacher, or class management, to discuss the reasons for staying away (Level I). Further steps should be taken in writing in order to avoid breaches of compulsory school care and to inform the legal guardians and the pupils of their responsibility to fulfil their compulsory schooling.

(4) Within four weeks of the discussion referred to in paragraph 3, a further discussion shall be held between the parties in which the achievement of the objectives is to be discussed in accordance with the agreement reached. If it is found that the measures put in place do not show any or only a weak effect, then the head of the school has to involve student counsellors and the school psychological service and-where possible-guidance teacher, psychagogues, school social work and youth coaching in addition (Level II). Action should be taken to resolve the conflict and mediate between those involved, which should lead to a common identification of the causes of the breach of the guilty plea. On the basis of the problem analysis, solutions are to be elaborated and the written agreement reached in accordance with paragraph 3 is to be adapted by mutual agreement, taking into account the proposed solutions.

(5) Within four weeks of the new agreement referred to in paragraph 4, a further discussion shall be held between the parties in which the achievement of the objectives is to be discussed in accordance with the agreement reached. If it is found that the measures set show no or only a weak effect, the principal shall inform the legal guardian and the pupil of the legal consequences in the event of a further breach of the compulsory school-leaving. and to the responsible officials of the quality management in accordance with § 18 (2) of the Federal Education and Training Act (Level III). In a further discussion with the legal guardians, the pupil and the class teacher, he/she has to verify compliance with the agreements pursuant to paragraphs 3 and 4 and the further course of action using the school-based school. Advisory systems (para. 4) for the elimination of the causes of the culpable injury.

(6) Within two weeks of the measures set out in accordance with paragraph 5, the competent officer of quality management shall have a further discussion between the parties to discuss the achievement of the objectives in accordance with the measures set out in (Stage IV). If, within the framework of the measures set out in accordance with paragraph 2 to 5, there is a suspicion of child welfare in the sense of § 37 of the Youth Welfare Act 1989, Federal Law Gazette (BGBl). No. 161, shall immediately report to the Youth Welfare Carrier.

(7) Within a period of four weeks after the interview in accordance with paragraph 6, the head of the school has to check the effectiveness of the measures as set out in the case of the Youth Welfare. If it is established that the measures set out in paragraph 2 to (6) show no effect or have too little effect, the head of the school has to file a criminal complaint with the relevant district administrative authority in accordance with Section 24 (4) (level V). "

6. The following paragraph 16 is added to Article 30 (15):

" (16) The following provisions in the version of the Federal Law BGBl. I No 77/2013 shall enter into force as follows:

1.

§ 8a (2) and (3) as well as § 8b shall enter into force with the end of the day of the customer's notice in the Federal Law Gazans.

2.

§ 24 (4), § 24a and the title and section 24b enter into force on 1 September 2013. "

Article 2

Amendment of the Education Documentation Act

The Education Documentary Act, BGBl. No 12/2002, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 89/2012, will be amended as follows:

1. § 3 para. 2 Z 7 reads:

" 7.

Other data relating to school attendance on the breach of compulsory schooling, participation in teaching and care services, school success, school or school attendance, or school attendance. Teaching organisation, the course of education and the use of transfer benefits from the compensation of family costs in accordance with the conditions laid down in Annex 1. "

2. § 12 (10) in the version of the Federal Law BGBl. I n ° 38/2012 shall be replaced by the sales designation "(11)" . (11) and (12) in the version of the Federal Law BGBl. I n ° 89/2012 are awarded the sales names "(12)" and "(13)" . The following paragraph 14 is added:

" (14) § 3 para. 2 Z 7 as well as Appendix 1 in the version of the Federal Law BGBl. I N ° 77/2013 will enter into force on 1 September 2013. "

3. In Appendix 1, the point at the end of Z 13 shall be replaced by a stroke, and the following Z 14 shall be added:

" 14.

Procedure according to § 24a of the Schulpflichtgesetz 1985, BGBl. No. 76. "

Fischer

Faymann