53. Federal Act, which amalgles the law on the teaching of the profession of professional

The National Council has decided:

The school teaching law for professionals, BGBl. I No 33/1997, as last amended by the Federal Law BGBl. I n ° 90/2006 and the Federal Ministries of the Federal Ministries of Law 2009, BGBl. I No 3, shall be amended as follows:

1. Before the 1. Section (General provisions) is inserted as a table of contents:

" TOC
Paragraph	Subject matter
Section 1 General provisions
§ 1.	Scope
§ 2.	Fulfilling the task of the Austrian School
§ 3.	Personal names
§ 4.	Definitions
Section 2 Admission to the school
§ 5.	Admission as an ordinary student
§ 6.	Admission as an extraordinary student
§ 7.	Reception procedure
Section 3 Take-up and aptitude tests
§ 8.	Audit dates
§ 9.	Implementation of the reception and aptitude tests
§ 10.	Audit Result
Section 4 Teaching order
§ 11.	Module Education, Curriculum Distribution
§ 12.	Timetable, individual module choice
§ 13.	Mandatory subjects and mandatory exercises
§ 14.	Free items, non-binding exercises and support lessons
§ 15.	School events
§ 16.	Teaching aids
§ 17.	Language of instruction
Section 5 Teaching and student assessment
§ 18.	Teaching and education
§ 19.	Performance determination
§ 20.	Performance assessment
§ 21.	Module Assessment
§ 22.	Information for students
§ 23.	Colloquia
§ 23a.	Module Checks
§ 24.	Certificates
§ 25.	School Attendance Confirmation
6. Ascend, Successful Completion, Repeat, Invoices
§ 26.	Ascend
§ 27.	Successful completion
§ 28.	Voluntary repetition of modules
§ 30.	Invoices in case of transfer to another type of school (school form, speciality, training)
Section 7 Maximum duration and termination of school attendance
§ 31.	Maximum duration of the school visit
§ 32.	Termination of school attendance
8. Section Final exams; Externist tests
§ 33.	Final exams
§ 34.	Audit Commission
§ 35.	Audit dates
§ 36.	Approval for examination
§ 37.	Examination areas, tasks, examination procedure
§ 38.	Assessment of the performance of the examination
§ 39.	Examination certificates
§ 40.	Repeating partial checks
§ 41.	Additional Checks
§ 42.	Externalized checks
Section 9 School order
§ 43.	Duties of students
§ 44.	House Order
§ 45.	Staying away from school
§ 46.	Exclusion from school
Section 10 Teacher's functions; teachers ' conferences
§ 47.	Teacher
§ 48.	Kustos
§ 49.	Head of the workshop and head of the construction site
§ 51.	Head of department and professional management
§ 52.	Study Coordinator
§ 53.	Principal
§ 54.	Teachers ' Conferences
11. School and students
§ 55.	Rights of students
§ 56.	Student representatives
§ 57.	Election of student representatives
§ 58.	Community Committee
12. Extended School Community
§ 59.	Trustees
Section 13 Procedural provisions
§ 60.	Ability of the non-eligible student to act
§ 61.	Procedure
§ 62.	Appeal
§ 63.	Decision making
§ 64.	Replacement Confirmation for Lost Testimonials
§ 65.	Retention of records
14. Final provisions
§ 66.	Presentation of Regulations
§ 67.	Freedom from stamp fees and administrative charges
§ 68.	Final provisions
§ 69.	entry into force
§ 70.	Enforcement

2. In § 4 Z 4, the word order shall be "in the class association (social phases)." through the phrase "in social phases," and the following Z 5 and the following final sentence shall be added:

" 5.		Teaching subjects taught in one semester under modules.
To the extent that, in other legislation, classes are placed on schools for professionals, the number of students shall be divided by 23 for each half-year as a class within the meaning of those provisions. "

3. § 5 (3) reads:

" (3) Applicants for a further semester are within a period to be determined by the head of the school after hearing the student, to a one-level examination of the teaching material of all modules concerning the compulsory subject matter of the previous to allow the semester of the training in question. The filing of classification tests can be omitted to the extent that the student proves that he meets the learning contents of the modules concerned. Proof can be made of:

1.		in the case of modules relating to compulsory subject-matter completed in accordance with the curriculum, by presenting a certificate of a school or an external test certificate, either public or with public law, and
2.		in the case of modules on compulsory subject matter not completed in accordance with the curriculum, also through appropriate services within the framework of the teaching.
The determination of the decision to discontinue entry checks shall be made by the teacher teaching the module concerned. Section 23 (2) to (9) shall apply. "

4. § 6 together with headline reads:

" Admission as an extraordinary student

§ 6. (1) As an extraordinary student, it should be included who

1.		the admission to the visit of individual modules is intended or
2.		does not fulfil the conditions laid down in § 5 (1) and can prove important reasons in his/her person which justify the admission.

(2) Extraordinary students may only be admitted to individual modules according to paragraph 1 (1) (1) (1), subject to the provisions of § 32 (1) (5) (5). Furthermore, additional space, equipment and personnel expenses must not be caused thereby.

(3) The admission as an associate student in accordance with paragraph 1 (1) (2) shall be permitted only if all host applicants considered as ordinary students have been admitted to the host country.

(4) Paragraph 2, second sentence and (3) do not apply to private schools, for whose personnel expenses the federal government does not contribute. "

5. § 7 (1) reads:

' (1) For the purpose of recording, the principal shall set a time-limit for notification and shall be notified in an appropriate manner for each six-month period. Admission of students registered after the deadline is permissible if this does not cause any additional space, equipment or personnel expenses. "

6. In Section 9 (1), the phrase "Federal Minister for Education and Cultural Affairs" through the phrase "Federal Minister responsible" changed.

7. § 11 together with the headline is:

" Module formation, Curriculum Distribution

§ 11. (1) The students are to be divided into modules (module formation) by the principal under cover of the regulations of the school organization as well as of the individual module elections of the students (§ 12) deviating from the syllabus.

(2) For each six-month period, the principal shall have the weekly hours of teaching of the modules on the basis of pedagogical and didactic principles, taking into account the provisions on the teaching obligation and on the provisions on teaching and teaching, and on the provisions on the teaching of the teaching and the teaching of the teaching of the teaching Teaching qualification and, taking into account any wishes, which can be combined with this, to be assigned to teachers (apprentists ' distribution).

(3) The distribution of teaching subjects shall be brought to the attention of the School Authority of the first instance. "

8. § 12 together with headline reads:

" timetable, individual module choice

§ 12. (1) The head of the school shall draw up a plan for the division of the teaching items, which are planned to be taught in the respective semesters, on the individual lessons, and shall make them available in a suitable manner (timetable).

(2) Students as well as host applicants can choose from different modules within a period to be determined by the principal, if they are conducted in the relevant semester (individual module choice). The headmaster also has to determine whether or not the modules of the training must be completed successfully in order to be able to choose and visit a module, deviating from the curriculum, valid. Individual module elections are to be taken into consideration in the formation of modules (§ 11).

(3) If this is necessary for didactic or other important reasons (e.g. in the case of prevention of the teacher), the headmaster has to arrange temporary changes in the timetable (exchange of hours, subject-related supplation, elimination of hours of instruction). The students must be informed of any change in the timetable in good time.

(4) The Realgymnasium (Realgymnasium) for professionals at the Theresianian Military Academy does not apply paragraph 2. "

9. § 13 together with headline reads:

" Mandatory items and mandatory exercises

§ 13. (1) In so far as alternative compulsory items are provided, the students must choose between them within a period to be set by the principal. If the choice is not made within this period, the principal has to assign one of the alternative compulsory items to the student after he has admitted a hearing right. The choice or the allocation shall apply subject to the following paragraphs for the entire course of studies.

(2) In the event of a later change of an alternative compulsory subject, within a period to be determined by the head of the school a one-stage examination of the apprentice of the preceding semesters of the newly elected alternative subject must be taken. Section 23 (2) to (9) shall apply.

(3) If an alternative subject-matter which has been received by the student is not conducted in a later semester, the student may

1.		to visit an optional subject, or
2.		Take module examinations (§ 23a) or carry out external examinations (§ 42).

(4) (1) and (2) shall apply mutatily if there is a compulsory subject-matter (e.g. a living foreign language, instrumental instruction).

(5) The head of the school has to exempt a student from participation in individual compulsory subjects and mandatory exercises if he/she is

1.		is unable to participate for health reasons, or
2.		, by submitting a certificate of a school, a university or university or an external test certificate, which is equipped with public or public law, that it has the educational objective of the required subject matter and/or has attended a teaching item corresponding to the mandatory exercise in question; or
3.		apply for exemption from practical instruction in the workshops at middle or higher vocational schools after successful completion of a school-leaving examination, the teaching material of which is proved by the training in the apprenticeship profession.
Exemption in accordance with Z 1 shall be permitted only if the educational objectives, including the rights attaching to the visit, are in principle also achieved without the attendance of the required subject matter or of the relevant mandatory exercise , if this is not the case, a waiver shall be permitted only if a colloquium is to be established, provided that the educational task of the subject in question can be demonstrated by a colloquium. "

10. In § 14 (1) the word "Semester" by the word "Half-year" replaced.

11. § 14 (2) reads:

"(2) If support is provided for, students may register to participate in the teaching of the funding by the teacher teaching the relevant module." (2) If the funding is to be determined, students can register by the teacher teaching the relevant module. "

12. § 15 (2) reads:

" (2) For the implementation of school events, however, five days per half-year, at the Realgymnasium for professionals at the Theresians Military Academy, are available for ten days per half-year, which are summarized by the number of half-years. and can be consumed in any way throughout the training. "

13. In Section 16 (2), the phrase "Federal Minister for Education and Cultural Affairs" through the phrase "competent federal ministers" replaced.

14. In Section 17 (3), the phrase "Classes or individual teaching items" by the word "Modules" replaced.

15. In § 18 (4), the phrase "in the class association" through the phrase "the social phase" replaced.

16. In § 19 (1) the word "Semester" by the word "Half-Year" replaced.

17. § 21 together with the title is:

" Module Assessment

§ 21. (1) The assessment of the performance of a student in a module shall be carried out by the teacher of the module concerned on the basis of all the services provided in the module concerned.

(2) If the teacher is unable to make a safe assessment of performance, he/she shall arrange a performance assessment (§ 19) at the latest within the last two weeks of the half-year. If the student does not attend this performance assessment, he is not to be assessed in this module.

(3) At the request of the student, a performance determination (§ 19) is to be carried out in each module. The request shall be made in such a timely manner that it is possible to carry out the examination. "

18. In § 22 (1) the word "Teaching subject" by the word "Module" replaced.

19. In § 22 (3) the word "Compulsory subject" by the word "Module" replaced and the phrase "from the class's prep," No.

20. In Section 23 (1), the phrase "Obligatory items for the semester" by the word "Modules" replaced.

21. In Section 23 (2), the phrase "the subject of teaching" through the phrase "the module" replaced.

22. § 23 (4) reads:

"(4) The tasks as well as the forms of examination shall be determined by the examiner (the examiners), the form of the written examination being admissible in addition to the oral examination only in the case of schoolwork scheduled for the course of the curriculum."

23. In Section 23 (6), the phrase "whole (the respective) semester" through the phrase " Module or for the modules " replaced.

24. § 23 (7) reads:

" (7) The colloquia which has not been assessed on the basis of miserable performances or colloquia which are not sufficiently assessed may not be repeated at most twice. The above paragraphs shall apply. '

25. In § 23, paragraph 8, the parenthesis shall be " (par. 3) " by the parenthesis expression " (par. 2) " replaced.

26. In accordance with § 23, the following § 23a and heading is inserted:

" Module examinations

§ 23a. At the request of the student, a module examination can be taken at the request of the student even without a visit to the module by the end of the half-year, which corresponds to the previous semester of the training. The examiner is a qualified teacher to be appointed by the head of the school (in the case of a division of vocational schools from the head of department). Section 23 (3) to (6), (8) and (9) shall apply. A repetition of module checks is not allowed. "

27. § 24 together with the title is:

" Certificates

§ 24. (1) At the end of each half-year, the student is a certificate of all modules completed in this six-month period and on his application a certificate of all modules successfully completed at a certain point in time or not successfully ,

(2) Each certificate shall contain in particular:

1.		the name of the school,
2.		the students ' personal data,
3.		the name of the curriculum according to which it has been informed;
4.		the modules (subject matter, semester, week-hours),
5.		the module assessments,
6.		Endorsement of mandatory and non-binding exercises,
7.		Endorsements of a possible exemption from participation in compulsory items and mandatory exercises,
8.		an endorsement of an early part-examination (§ 35 (4)) and the assessment in the examination area or in the examination areas,
9.		Location and date of the exhibition, signature of the head of the school (at the departmental breakdown of the department board), round seal of the school.

(3) At the time of the successful completion of all modules on the compulsory subject matter and the participation in mandatory exercises, a final certificate must be issued if a certificate of a final certificate is not issued in accordance with § 39 (1). Examination shall be issued. The final certificate may include endorsements of rights acquired through school attendance (also with regard to the EU legal recognition of diplomas and professional qualifications).

(4) The forms of certificates shall be subject to the vacuum documents provided for in public schools. "

28. § 25 together with the headline is:

" School Attendance Confirmation

§ 25. (1) At the request of a student, the visit of the school is to be confirmed (school attendance confirmation).

(2) In the event of leaving the school, the school attendance confirmation shall contain an indication of the departure from the school.

(3) § 24 (2) (1) to (3) and (9) and (4) shall apply. "

29. The title of the 6. Section is:

"Rising, Successful Completion, Repeat, Invoices"

30. In § 26 (1) the introduction rate of the second sentence is:

"At the Realgymnasium for professionals at the Theresians Military Academy, a student is not entitled to ascend when he"

31. § 27 together with the headline is:

" Successful completion

§ 27. (1) A training which is not terminated with a final examination shall be completed successfully if each module (subject to any waiver pursuant to § 13 para. 4 or an accounting according to § 30) has been assessed positively. All other trainings have been successfully completed with the successful completion of the final exam.

(2) If a student at a vocational middle or higher school in practical instruction or at an educational institution for kindergarten education or for social education in kindergarten, hort or home care practice or physical education or education or Movement and exercise more than four times the weekly number of hours of a module without fault of its own, it is the opportunity to give it the knowledge and skills required in this module by a colloquium , provided that he/she is responsible for the failings of a specialist in the field of Activity has been picked up. In the event of failure of the teaching of the above mentioned extent or in case of non-deposition of the colloquium, the student is not to be assessed in this module. "

32. § 28 together with the title is:

" Repeat

§ 28. (1) A module which is not successfully completed may be visited only once in a further six-month period on request. If the performance in this module is not assessed after its repetition or is judged to be "not sufficiently", the second possibility of repeating a colloquium, which may have been negatively assessed, is omitted.

(2) In cases which are particularly worthy of consideration, the principal may grant a further repetition of a module visited pursuant to paragraph 1 and not completed successfully. If the performances in this module are not assessed again or with "not enough", then all the repetition possibilities of a colloquium, which may have been negatively assessed, are eliminated.

(3) In the Realgymnasium for professionals at the Theresian Military Academy, a student who has not been assessed in a module or with "not enough" is to repeat the semester in question or not, or not, for a maximum of two times. with "Not enough" evaluated module. A third repetition can be granted on request of the student by the head of the school in case of important reasons. If the module in question is not conducted in the following semester, the student is entitled to repeat the immediately preceding semester voluntarily, provided that this does not include additional space, equipment and personnel resources. shall be required. "

33. § 29 together with the title shall be deleted.

34. § 30 together with headline reads:

" Bills when crossing into another type of school (school form, speciality, training)

§ 30. The head of the school has to free a student at his request from participation in individual modules if he/she is required to attend a school, a university or a school, or a school, or a public or public law school, or University or an external audit certificate proves that it has attained the educational goal of the relevant module. "

35. § 32 (1) and (2) are:

" (1) The property as a student of an education ends:

1.		with a successful conclusion (§ 27) of the training in question,
2.		at the time of a written declaration to the school management of the school attendance,
3.		at the time when it is established that, in the event of re-visit, a student exceeds the maximum permitted duration of the school visit, in accordance with § 31,
4.		by the end of a half-year, unless modules have been successfully completed in this half-year and in the previous half-year for a minimum of 10 hours per week, provided that this is not due to reasons worthy of consideration,
5.		at the time when the performance of the student was not assessed in the case of the last possible filing or repetition of a colloquium or with "not enough",
6.		in the case of a distance from the instruction with the unused expiry of the two-week period since the notification of the written request in accordance with § 45, provided that it has not been left for reasons worthy of consideration, or
7.		with the entry of the legal force of an exclusion (§ 46 para. 1).

(2) The date of the termination of the school attendance is demonstrably communicated to the student by means of a written decision and on the certificate (§ 24) and/or on the confirmation of school attendance (§ 25). "

36. In § 34 paragraph 2 Z 2 the turn "a subject in the class in question" through the turn "the subject of the teaching in question" replaced.

37. In § 35 (2) (1), the word order shall be "the last semester" through the phrase "a half-year" replaced.

38. In § 35 (4), the word "Semester" by the word "Half-Year" replaced.

39. § 36 (1) reads:

" (1) Subject to the provisions of Section 35 (4), all examination candidates who have successfully completed all modules of the training or who in the last six months of the year in no more than one module are eligible for the examination of the main examination. have not been assessed or have not been assessed with "not enough"; in this case the candidate has to take an examination (module examination) from the subject matter in question in the course of the final examination. Insofar as the following provisions do not order otherwise, the performance of module examinations in the context of the final examination § 37 (1), (3) and (7) as well as § 40 shall apply mutatily. The module examination shall not be disregarded in so far as the relevant subject-matter in question forms an examination area of the main examination. "

40. In § 37 (2) (5), the word shall be: "Semesteraudits" by the word "Module Checks" replaced.

41. § 38 (4) reads:

" (4) The assessment of the performance of the module examination shall be carried out with the appropriate application of paragraphs 1 and 2, whereby, by way of derogation from § 34, the teacher of the relevant module (examiner of the module examination) shall be entitled to vote. The assessment of the student's performance during the module examination or in the case of § 36 para. 1 last sentence in the examination area corresponding to the module examination (part of the examination area) is to be determined as a performance assessment for the relevant module. "

42. In § 39 paragraph 2 Z 5, the word "Semesterprüfung" by the word "Module Review" replaced.

43. In § 39 (3), the word "Semester Assessment" by the word "Module Assessment" and the phrase "New Semi-Product" by the word "Certificate" replaced.

44. § 42 (1) and (2) are:

" (1) If comparable curricula do not exist corresponding daily forms, external examinations can be taken

1.		on the teaching material of individual or all modules of subject-matter,
2.		over a single semester,
3.		of an education, unless Z 3 is considered, or
4.		as tests, which correspond to a final examination.

(2) The external tests referred to in paragraph 1 (1) (1) shall comprise the whole of the teaching material of the of the modules of the relevant subject. "

45. § 42 (3) reads:

"(3) The external examinations referred to in paragraph 1 (2) shall comprise the entire curriculum of all modules relating to the compulsory subject matter of the respective training in the relevant semester."

46. § 42 (4) reads:

"(4) The external examinations referred to in paragraph 1 (3) shall include the teaching material of all modules concerning the compulsory subject matter of the training concerned."

47. In § 42 (5), the word sequence shall be followed by the word 'apprentice' "all modules" inserted.

48. In Section 43 (1), the phrase "Community of Class and School" by the word "School Community" replaced.

49. § 45 together with the title is:

" Stay away from school

§ 45. If a student stays in the social phase for more than two weeks without interrupting the entire instruction, without justifying his or her absence, he shall be required in writing to justify his or her absence within two weeks, and to To make a statement as to whether he wants to remain a student of the school. "

Section 47 (2) reads as follows:

" (2) In addition to the teaching tasks (including educational work) and administrative tasks, the teacher has to perform special functions (e.g. a student coordinator or a member of an examination board). will take part in the teachers ' conferences and attend the necessary training and further education courses. "

51. § 50 deleted.

52. § 52 together with the title is:

" Study Coordinator

§ 52. (1) Study coordinators have to take care of the students of several years of schooling in general matters of study, to carry out teaching tasks, to coordinate all of the educational work in the courses of study and to carry out the tasks of the students. to the relevant official documents. The responsible Federal Minister, in agreement with the Federal Minister of Finance, has to deal with the special tasks, the number of students and other students at which school forms to order study coordinators. To set the function carrier. The order is the responsibility of the headmaster.

(2) Study coordinators have to advise the students in all individual decisions of the school career, in particular also in the enrolment of modules, in distance learning as well as in electronically guided learning forms and by appropriate Measures to support. "

53. In Section 54 (2), the word order is deleted "a class," .

54. In § 54, para. 4, first sentence, the word "is" by the word "are" replaced.

55. § 56 (2) reads:

"(2) Student representatives are the school spokesperson (for all matters of the school), four other student representatives in support of the school spokesperson and two speakers of the students in the school community committee."

56. § 57 (1) first sentence reads:

"The student representatives (§ 56 para. 2) and their deputies (§ 56 para. 3) must be chosen by the students in the same, direct, secret and personal choice for a functional period of two to a maximum of four half-years."

57. § 57 (2), first sentence and second sentence are:

" The choice of the school speakers takes place by means of a majority vote. The choice of the four other student representatives, the two spokespersons of the students in the school community committee as well as the deputy (§ 56 para. 3) is made by means of proportional representation. "

58. § 57 (3).

59. § 57 (4) reads:

"(4) The student representatives (§ 56 para. 2) and their substitutes (§ 56 paragraph 3) are elected by the students of the school from the school association."

60. In § 58 (4), the word "Semester" by the word "Half-years" and the word "Semesters" by the word "Half-years" replaced.

61. § 62 (1) second sentence reads:

"The appointment shall be made in writing (in any technically possible form, but not with E Mail) within five days at the school, in the case of external examinations at the Examination Commission."

62. § 62 (3) reads:

"(3) In cases where a colloquium has been filed against the termination of the school visit (§ 32), the School Authority of the first instance has the alleged incorrect assessment of the colloquium with" Not enough "or" Not enough ". to review the non-evaluation of the colloquium on the grounds of pre-deceived performance. If the documents to establish that a non-evaluation or an assessment which was not sufficiently sound were incorrect or correct, the procedure should be interrupted and the appellant to a new colloquium should be suspended, that a representative of the School Authority of the first instance has to attend. "

63. In § 67, the phrase "Federal Minister for Education and Cultural Affairs" through the phrase "competent federal ministers" replaced.

64. In § 69, para. 5, the quote shall be "§ 5 (1) Z 2 in the version" by quoting "§ 5 (1) Z 2" replaced.

65. The following paragraph 6 is added to § 69:

" (6) The table of contents, § 4 Z 4 and 5, § 5 para. 3, § 6 with title, § 7 para. 1, § 9 para. 1, § 11 with headline, § 12 with title, § 13 with title, § 14 para. 1 and 2, § 15 para. 2, § 16 para. 2, § 17 para. 3, § 18 para. 4, § 19 para. 1, Section 21, including the title, section 22 (1) and (3), section 23 (1), (2), (4), (6), (7) and (8), section 23a, and the title, § 24, and the title, section 25, together with the heading, the title of the 6. Section, § 26, § 27 with title, § 28 with title, § 30 with title, § 32 para. 1 and 2, § 34 para. 2 Z 2, § 35 para. 2 Z 1 and para. 4, § 36 para. 1, § 37 para. 2 Z 5, § 38 para. 4, § 39 para. 2 Z 5 and para. 3, § 42 para. 1, 2, 3, 4, 5, § 43 Para. 1, § 45 with title, § 47 para. 2, § 52 with title, § 54 para. 2 and 4, § 56 para. 2, § 57 para. 1, 2 and 4, § 58 para. 4, § 62 para. 1 and 3, § 67, § 69 paragraph 5 as well as § 70 of this Federal Act in the version of the Federal Law BGBl. I n ° 53/2010 will enter into force on 1 September 2010 and shall be subject to the individual schools falling within the scope of this Federal Law on the basis of a specific technical and organisational situation at the school site. Federal Minister for Education, Arts and Culture from the school year 2010/11 or from the school year 2011/12 Application; § 29 including the title, § 50, § 57 (3) and § 69a, together with the title, will expire on 31 August 2010. except, however, in accordance with the provisions of the Regulation referred to above, to individual schools up to Expiry of the 31 August 2011 application. "

66. § 69a together with the title shall be deleted.

67. In § 70, the phrase "Federal Minister for Education and Cultural Affairs" in each case by the word sequence "Federal Minister for Education, Arts and Culture" replaced.

Fischer

Faymann