Amendment Of The University Act 2002

Original Language Title: Änderung des Universitätsgesetzes 2002

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52. Federal Law, which changes the University Act 2002

The National Council has decided:

The Federal Law on the Organization of Universities and their Studies (University Law 2002-UG), BGBl. I n ° 120/2002, as last amended by the Federal Law Gazette (BGBl). I n ° 18/2013, is amended as follows:

1. In the table of contents, after the second subsection of the 1. Section of the I. Part of the following subsection 2a. together with headline inserted:

" 2a. Subsection

Implementation of capacity-oriented, student-related university funding

§ 14a.

Objectives of capacity-oriented, student-related university funding

§ 14b.

Basic principles of capacity-oriented, student-related university funding

§ 14c.

Definitions

§ 14d.

Overall Austrian University Development Plan

§ 14e.

Composition of the global budget

§ 14f.

Implementation of capacity-oriented, student-related university funding

§ 14g.

Improvement of study conditions/future capacity regulations

§ 14h.

Access regulations in particularly highly sought-after studies

§ 14i.

Application of § 66 (study entry and orientation phase) "

2. After the second subsection "Financing, performance agreement and quality assurance" of 1. The section of the I. part becomes the following subsection 2a. together with headline inserted:

" 2a. Subsection

Implementation of capacity-oriented, student-related university funding

Objectives of capacity-oriented, student-related university funding

§ 14a. (1) In view of the longer-term objective of making public and private expenditure on the tertiary education sector sustainable and in line with the needs of a modern knowledge society, steps are taken to ensure that: Transparent design of the financing of universities.

(2) The objective of university funding based on capacity-oriented university funding is to provide a sufficient number of places of study in an international comparison of quality study conditions. In particular, the care relations should be improved, taking into account the needs of the respective scientific or artistic subject.

(3) In the course of the implementation of the capacity-oriented, student-related university funding, without reducing the total number of students admitted to the universities, the share of the examination-active studies and the number of students completed studies. At the same time, taking into account the university's or The aim of the study is to avoid study conditions that result in study outbreaks as well as above-average study-related subjects.

basic principles of capacity-oriented,
student-related university funding

§ 14b. (1) The universities are to be financed by the federal government. The financial performance of the federal government, its requirements for universities and the task performance of the universities must be taken into consideration. The implementation of the capacity-oriented, student-related university funding will be carried out within the respective federal financial framework.

(2) The Federal Minister or the Federal Minister, in agreement with the Federal Minister for Finance or the Federal Minister of Finance, shall, by 30 September of the second year at the latest, have each performance agreement period, in accordance with Section 13, taking into account the expected student numbers and the care ratio of the total amount available for the next performance period to finance the universities and their allocation into the partial amounts for the university Teaching, Research and/or Research To determine the development and development of the arts as well as infrastructure and clinical additional expenditure and the agreement in accordance with § 60 of the Federal Budget Act 2013 (BHG 2013), BGBl. I n ° 139/2009, as last amended by the Federal Law BGBl. I No 62/2012.

(3) The funding of university teaching is based on the number of study places offered and supervised by the universities. Study places of similar orientation and the need for equipment are grouped into subject groups, for which a uniform weighting is determined by regulation of the Federal Minister or the Federal Minister of State. The amount per place of study is determined by the determination of the partial amount for teaching according to para. 2 as well as the number of weighted study places. For the determination of the number of weighted study places, the indicator "Number of regular Bachelor's, Diploma and Master's degree studies with weighting according to subject groups" is used.

Definitions

§ 14c. (1) The term "place of study" in the sense of capacity-oriented, student-related university funding includes any ordinary course of study which is operated by one or a student in an active manner. Examination-active means that only those studies in which at least 16 ECTS credits or positively assessed study achievements of at least 8 semester hours in the course of study in question are taken into account in the course of study in question have been provided.

(2) "Studienwerberinnen und -werber" within the meaning of § § 14g and 14h are those persons who apply for the first-time admission to a specific course of study at the relevant university.

(3) "Start-up students" within the meaning of § § 14g and 14h are those students who are actually admitted to their studies after the completion of a recording or selection procedure according to § § 14g or 14h.

(4) The "number of study places for first-year students" in connection with capacity-oriented, student-related university funding is the sum of those places of study, which are provided by the universities of Austria and/or Germany. be provided by a university for first-year students per academic year and field of study. The number shall be determined throughout Austria by the Regulation of the Federal Minister or the Federal Minister pursuant to Section 14d (3) in agreement with the Main Committee of the National Council and/or the Federal Republic of Germany. in accordance with § 14h (2) and at university level by the performance agreement.

(5) "subject groups" in the sense of capacity-oriented, student-related university funding are the assignments of the studies established at the Austrian universities according to criteria of professional orientation and of the Equipment required in different groups, which are given a weighting according to the technical orientation and the need for equipment. The weighting is carried out in accordance with Section 14b (3) by regulation of the Federal Minister or of the Federal Minister.

(6) "Studies" in the sense of capacity-oriented, student-related university funding are all Bachelor, Diploma, Master and Doctoral Studies, including individual studies. § § 14g and 14h include exclusively bachelor and diploma studies without taking into account individual studies, to which an admission is possible.

(7) "Fields of study" in the sense of capacity-oriented, student-related university funding are subject-specific assignments of the studies according to paragraph 6 according to the ISCED classification of UNESCO. In this context, the field of study corresponds to the criterion of "detailed field" in the classification of education and training fields in accordance with EUROSTAT's manual.

(8) The term "non-traditional female students" includes, in addition to students with disabilities, persons with disabilities, persons with social obligations, persons with a delayed start of studies, older persons and persons with disabilities. Persons with alternative university access.

Overall Austrian University Development Plan

§ 14d. (1) As a planning tool for the expansion of the university system, the Federal Minister or the Federal Minister has, after consulting the German Council of Science and Humanities, as well as representatives of the Austrian Universities, no later than At the end of the second year of each performance agreement, draw up an overall university development plan for the whole of the period.

(2) The entire university development plan shall contain statements in particular on:

1.

the higher education policy and scientific policy objectives,

2.

the overarching research policy objectives,

3.

the development of the number of students as a whole and in the individual groups of subjects at study level (ISCED 3),

4.

the intended development of the proportion of students who are active in the examination of the students as a whole,

5.

the intended development of the number of graduates,

6.

the desired care conditions,

7.

Explanatory notes on the development of caring conditions,

8.

Measures of evaluation and quality assurance (§ 14) and

9.

Bachelor and Diploma studies at study field level (ISCED 3), in which universities are entitled to set access regulations in accordance with § 14g, including the number of study places for first-year students per year Study year and field of study.

(3) Paragraph 2 (2) (9) is to be adopted by means of a regulation of the Federal Minister or of the Federal Minister in agreement with the Main Committee of the National Council.

(4) The whole of the University Development Plan shall be drawn up for the following two performance period periods.

Composition of the global budget

§ 14e. (1) Universities shall receive a global budget established by the performance agreement. It is composed of the sub-and sub-amounts for teaching, research and/or research. Development and development of the arts as well as infrastructure and clinical additional effort together. The amount of the sub-amounts and subamounts shall be determined in the performance agreement, taking into account Section 14b (2). In the context of their tasks and the performance agreements, universities can freely use the global budgets.

(2) The amount of the sub-amounts shall be determined on the basis of the following criteria:

1.

Partial amount for teaching:

The amount of the partial amount for teaching is determined on the basis of the number of regular Bachelor's, Diploma and Master's degree programs operated with weighting according to subject groups per study field.

The partial amount for teaching is supplemented by a strategic amount, the amount of which, in particular taking into account the social objectives according to § 13 paragraph 2 Z 1 lit. g is determined.

2.

Partial amount for research and/or Development and development of the arts:

The partial amount for research and/or Development and development of the arts consists of the following suborders:

a)

For all universities from a research supplement weighted according to subject groups, to the number of places offered and supervised by the university per subject group. The weighting of the research grant is to be determined by regulation of the Federal Minister or of the Federal Minister.

b)

For the universities according to § 6 Z 1 to 15 ("scientific universities") from a sub-amount, which is calculated on the basis of a competitive research indicator.

c)

For the universities according to § 6 Z 16 to 21 ("artistic universities") from a sub-sum, which is both based on a competitive research indicator and a competitive indicator for development and Development of the arts is calculated.

The partial amount for research and/or The development and development of the arts as well as the corresponding subamounts are each supplemented by a strategic amount, the amount of which, in particular taking into account the social objectives according to § 13 paragraph 2 Z 1 lit. g is determined.

3.

Partial amount for infrastructure and clinical additional expenditure:

The sub-amount for infrastructure and clinical additional expenses shall be composed of the following suborders:

a)

Subamount for large-scale research infrastructure

b)

Building Sub Amount

c)

Sub-amount for the clinical additional effort

These subamounts are determined in the performance agreement, taking into account the University's objectively justified needs.

Implementation of capacity-oriented, student-related university funding

§ 14f. (1) The implementation of the capacity-oriented, student-related university financing shall be carried out step by step:

1.

§ § 12 and 13 idF of the Federal Law BGBl apply for the 2013 to 2015 performance agreement period. I n ° 18/2013 in full.

2.

A share to be determined by the Federal Minister or the Federal Minister for the 2016 performance agreement period to a maximum of 60 vH of the total amount set in accordance with section 14b (2) shall be taken into account in the light of Section 14e (2). (capacity-oriented, student-related university financing), the rest of this total amount will be based on § § 12 and 13 idF of the Federal Law BGBl. I No 18/2013.

3.

From the performance agreement period 2019 to 2021, the capacity-oriented, student-related university financing will be fully applied.

(2) The universities have to take all appropriate measures to prepare for the model of the capacity-oriented, student-related university financing, in particular a cost and benefit account in accordance with § 16 para. 1 after uniform standards.

Improvement of study conditions/future capacity regulations

§ 14g. (1) The objective of university funding, which is based on capacity, is to provide a sufficient number of places of study in the international comparison of study conditions that are adequate in terms of quality. In particular, the care relations should be improved, taking into account the needs of the respective scientific or artistic subject.

(2) The number of study places exceeds the number of study places for first-year students per study field as defined in the performance agreement per academic year, and is a study according to § 14d (2) Z 9, the Rectorate may regulate access either by admission procedure prior to admission or by the selection of students up to a maximum of one semester after the admission.

(3) The allocation of the number of places of study for first-year students per academic year and field of study to individual universities as defined in the Regulation pursuant to § 14d (3) shall be carried out within the framework of the performance agreements; In any case, this number must be offered throughout Austria.

(4) The recording or Selection procedures shall, in particular, take account of:

1.

Review of the performance criteria corresponding to the training requirements of the respective studies,

2.

Ensuring accessibility for non-traditional study-makers,

3.

Timely provision of the test material on the university's homepage (in the case of admission procedures prior to admission not later than four months prior to the examination date, in the case of selection procedures after approval at the latest at the beginning of the examination) semester) and

4.

a multi-stage design of the admission or selection procedures. Any oral components may only be part of the admission or selection procedures and may not take place at the beginning of the recording or selection procedure. Furthermore, the oral components must not be the sole criterion for the existence of the recording or selection procedure.

§ 41 of the Federal Equal Treatment Act-B-GlBG, BGBl is responsible for the implementation of the admission or selection procedures. N ° 100/1993, as last amended by the Federal Law BGBl. I No 120/2012.

(5) Prior to the establishment of the admission or selection procedure by the Rectorate, the Senate shall be given the opportunity to deliver an opinion within two weeks. The establishment by the Rectorate must be made by 30 April at the latest, in order to take effect from the following academic year.

Access regulations in particularly highly sought-after studies

§ 14h. (1) An Austrian-wide number of study places for first-year students per academic year and field of study is set for the Bachelor's and Diploma Studies (ISCED 3), which are regulated in paragraph 2 above. The definition takes place taking into account the needs of the respective scientific or artistic subject with the aim of providing adequate number of places of study in an international comparison of quality To make study conditions available. In particular, the care relations should be improved, taking into account the needs of the respective scientific or artistic subject.

(2) The following number of study places for first-year students per academic year and field of study must be made available in Austria:

Study field

Total

Architecture and urban planning *

2.020

Biology and Biochemistry * *

3.700

Computer Science

2.500

Management and administration/economy and administration, general/economic science

10.630

Pharmacy

1.370

* excluded are the studies at the University of Applied Arts Vienna, at the University of Artistic and Industrial Design Linz, and at the Academy of Fine Arts Vienna.

** except for studies which already exist in accordance with Section 124b (4).

(3) The distribution of the number of study places referred to in paragraph 2 between the individual universities and the individual studies has to be carried out within the framework of the performance agreements, whereby this number must be offered in any case throughout Austria.

(4) In the studies covered by the fields of study as referred to in paragraph 2, the rectorate of each university in which the studies in question is established shall have the right to obtain admission to the study by means of a regulation either before the university Admission or through the selection of students up to a maximum of one semester after the admission.

(5) In the context of the reception or The selection procedure shall be made within a period to be determined by the rectorate, a compulsory registration of the study-recruiters. The procedure may only be carried out if the number of registered applicants is the number of places of study for first-year students per study, as defined in the performance agreement referred to in paragraph 3 above. exceeds. If the number of registered students remains under the number of places of study for first-year students per study, as set out in the performance agreement in accordance with paragraph 3, these are registered. In any case, if the general conditions pursuant to § 63 are met, students must be allowed to do so. In addition, the university also has to admit to the number of students enrolled at a different university by the time the number of students has been reached.

(6) Prior to the establishment of the admission or selection procedure by the Rectorate, the Senate shall be given the opportunity to deliver an opinion within two weeks. The establishment by the Rectorate must be made by 30 April at the latest, in order to take effect from the following academic year.

(7) The recording or Selection procedures shall, in particular, take account of:

1.

Review of the performance criteria corresponding to the training requirements of the respective studies,

2.

Ensuring accessibility for non-traditional study-makers,

3.

Timely provision of the test material on the university's homepage (in the case of admission procedures prior to admission not later than four months prior to the examination date, in the case of selection procedures after approval at the latest at the beginning of the examination) semester) and

4.

a multi-stage design of the admission or selection procedures. Any oral components may only be part of the admission or selection procedures and may not take place at the beginning of the recording or selection procedure. Furthermore, the oral components must not be the sole criterion for the existence of the recording or selection procedure.

§ 41 B-GlBG is to be applied for the implementation of the admission or selection procedures.

Application of § 66 (study entry and orientation phase)

§ 14i. For studies on which the admission is regulated in accordance with § 14g or § 14h, § 66 is to be applied with the proviso that the selection procedure must be part of the study entry and orientation phase, if it takes place after the admission. "

3. According to Article 16 (2), the following paragraph 2a is inserted:

" (2a) The Federal Minister or the Federal Minister, after consulting the universities, has, in agreement with the Federal Minister for Finance, or the Federal Minister for Finance, by Regulation, uniform standards for the cost and performance calculation in accordance with paragraph 1 of this Regulation. "

4. In § 66 (1a), third sentence, the word "Once" by the word "twice" and the fourth sentence is deleted.

5. In accordance with Section 66 (1a), the following paragraph 1b is inserted:

" (1b) The admission to studies shall be lost if the student has been assessed negatively in the case of the last repetition of the examination required for her or him in the course of the study entry and orientation phase. In derogation from § 63 (7), the new admission to this course of study may be requested at the earliest for the third semester following the deletion of the admission. The new authorisation may be requested twice. After each new admission, the students are admitted to the To the students, the total number of reexaminations in the initial and orientation phase according to the third sentence of paragraph 1a. "

6. The following paragraphs 31 to 34 are added to section 143 (30):

" (31) § 143 (22) and (28) shall expire on the expiry of 28 February 2013. Section 66 (1), (1a) and (1b) shall expire at the end of 31 December 2015. The Federal Minister or the Federal Minister has to evaluate the impact of the study entry and orientation phase in cooperation with the universities and to report to the National Council at the latest in December 2015 on the outcome of the Evaluation.

(32) § § 12 and 13 are subject to the provisions of § § 14a to 14g in the version of the Federal Law BGBl. I No 52/2013 to be amended by 31 March 2014 at the latest. If no corresponding amendment of § § 12 and 13 has been made by this date, § § 14a to 14g will expire on 31 March 2014.

(33) § § 64 and 66 are subject to the provisions of § § 14g and 14i in the version of the Federal Law BGBl. I No 52/2013 to be amended by 31 March 2014 at the latest. If no corresponding amendment to § § 64 and 66 has been made by this date, § 14i will expire on 31 March 2014.

(34) § 14h occurs with 1. Jänner 2013 in force and with expiry of 31 December 2015. The Federal Minister or the Federal Minister has to evaluate the impact of the admission requirements in accordance with § 14h in cooperation with the universities and to submit a report to the National Council at the latest in December 2015 on the outcome of the Evaluation. The main focus of the evaluation is the composition of the study workers and/or the students. of students in social and cultural terms, as well as by gender and nationality. "

Fischer

Faymann