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

Original Language Title: Änderung des Schulpflichtgesetzes 1985 und des Bildungsdokumentationsgesetzes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_77/BGBLA_2013_I_77.html

77. Federal law that modifies the compulsory school attendance Act 1985 and the law on education documentation

The National Council has decided:

Article 1

Amendment of the compulsory education Act 1985

The compulsory school attendance Act 1985, BGBl. No. 76, last amended by Federal Law Gazette I no. 76/2013, is amended as follows:

1. in section 8a, paragraph 2, third sentence eliminates the word 'or' before the school name "New school".

2. § 8a para 3 is as follows:

"(3) wish the parents or other legal guardians of the child in a primary school, Hauptschule, new middle school, Polytechnic School, elementary of secondary higher school or housekeeping school and there are no corresponding funding opportunities at a such school, which can reach the child in a reasonable way to school, so has the Bezirksschulrat, taking into consideration to the circumstances in the framework of his responsibilities measures to allow the visit of the desired type of school and - in the case of the jurisdiction of other bodies - these to take the implementation" the appropriate measures to apply."

3. in paragraph 8, the word 'or' before the school name "New school" eliminates b.

4. paragraph 24 section 4:

"(4) the failure to comply with the obligations stated in the paragraphs 1 to 3, with regard to the obligation to attend regular school but only after unsuccessful implementation of measures pursuant to Article 24a para 2 to 6, represents an administrative offence and is up to €440 by the district administrative authority with a fine to punish with imprisonment up to two weeks in the case of recovery."

5. § 24a receives the paragraph called "section 24 b.". 24 b the following Article 24a and heading is preceded by new section:

"Measures for the fulfilment of compulsory education (five step plan)

§ 24a. (1) the following paragraph 2 to 6 control measures in case of non regular visit in accordance with section 24 (4) in conjunction with § 9 para 1 to 5. The measures are then unsuccessful within the meaning of section 24, paragraph 4, if the review pursuant to paragraph 7, that the measures referred to in paragraph 2 to 6 show no or a low effect. In justified cases the school facilities from 4 to 7 may fix different periods.

(2) at the beginning of each school year, an agreement on communication and behaviors is to develop between students of each class and the class teacher or the class Board. Basic rules of coexistence within the meaning therein are to define agreement culture in schools.

(3) If a student five days or 30 teaching hours consecutive days your remote remains in the semester or three classes, are immediately in a mandatory performed conversation between the parent/guardian, and the student and to discuss the reasons for the absence, the class teacher or class Board of Directors (stage I). Are further steps to avoid compulsory education injuries and the guardian, as well as the to agree in writing to educate students about their responsibility to comply with the compulsory school attendance.

(4) period of four weeks after the meeting referred to in paragraph 3 another talk between the parties is to organise, in the achievement of objectives in accordance with the agreement to discuss. Determined that the measures show no or a weak effect, so the headmaster has to involve student advisers and the educational psychology service and - where it's guidance counselor, Psychagogen, possible - in addition to take school social work and youth coaching (level II). There are measures of conflict resolution and mediation between the parties involved to set, which should lead to a common identification of the causes of the violation of the compulsory education. On the basis of the problem analysis, are to devise solutions and is by mutual agreement to adapt the written agreement referred to in paragraph 3, taking into account the developed solutions.

(5) within four weeks after the renewed agreement in accordance with paragraph 4 another talk between the parties is to organise, in the achievement of objectives in accordance with the agreement to discuss. Determined that the measures show no or a weak effect, so has the headmaster the guardians and the student's opinion about the legal consequences in case of a further breach of compulsory education-in to inform and to deal with officials of the quality management system in accordance with section 18, paragraph 2, of the federal inspection law (level III). This has in a further conversation with the parent/guardian to check the student and the class instructor or class Board compliance with the agreements referred to in paragraph 3 and 4 and to set how taking advantage of school-based guidance systems (para. 4) to the Elimination of the causes of the violation of the compulsory education.

(6) within two weeks after the measures adopted in accordance with paragraph 5, the competent officials of the quality management system has to schedule another talk between the parties involved, in which to discuss the achievement of objectives, in accordance with the implementation of the measures is (stage IV). Arises in the context of the measures referred to in paragraph 2 to 5 who 1989, BGBl. No. 161, is suspected of a child welfare hazard within the meaning of § 37 of the youth welfare act immediately to report the youth welfare institution.

(7) within four weeks after the meeting in accordance with paragraph 6, the principal has to verify the effectiveness of the measures only after referral to the youth welfare. Determined, that show no or a low impact measures in paragraph 2 to paragraph 6, has the headmaster at the competent district administrative authority to reimburse criminal charges pursuant to § 24 para 4 (level V)."

6 16 the following paragraph shall beadded § 30 paragraph 15:

"(16) the following provisions as amended by Federal Law Gazette I no. 77/2013 apply as follows: 1. Article 8a, paragraph 2 and 3 and § 8B with expiration of the day of the announcement in the Federal Law Gazette into force."

Para 4, § 24a heading and section 24 will take 2. § 24 b 1 September 2013 effect."

Article 2

Amendment of the Act on education documentation

The training documentation Act, Federal Law Gazette I no. 12/2002, as last amended by Federal Law Gazette I no. 89/2012, is amended as follows:

1. section 3 para 2 No. 7 is: "7 other with school-related data about the violation of compulsory education, participation in teaching and childcare services, school success, the school and classroom organization, the course of education and using the transfer services from the equalisation in accordance with Appendix 1."

2. section 12 para 10 as amended by Federal Law Gazette I no. 38/2012 is the sales designation (11). I 89/2012 get no. para 11 and 12 as amended by Federal Law Gazette the paragraph titles (12) and (13). 14 the following paragraph is added:

"(14) section 3 para 2 No. 7 as well as the annex 1 as amended by Federal Law Gazette I no. 77/2013 with 1 September 2013 into force."

3. in Appendix 1, the point is replaced at the end of the Z 13 by a semi-colon and following Z 14 added: "14 in accordance with Article 24a of the compulsory school attendance Act 1985, BGBl. No. 76."

Fischer

Faymann