52. Federal law, which changes the school teaching law

The National Council has decided:

The school teaching law, BGBl. No 472/1986, as last amended by the Federal Law BGBl. I No 112/2009, shall be amended as follows:

1. § 14 (2) reads:

" (2) Educational resources must correspond to the syllabus of the school level concerned and to the competence orientation of the school type (educational standards, final examination) according to content and form. They shall be appropriate for material, presentation and other equipment and shall be suitable for the pupils of the school level concerned. "

2. § 14 (5), first sentence reads:

" At the request of the author, publisher, publisher or manufacturer, the competent Federal Minister shall declare a teaching material suitable for use in the classroom if it meets the conditions laid down in paragraph 2 and the acquisition and acquisition of such a teaching material and Use in the classroom is economical, economical and practical. "

Section 15 (1) reads as follows:

" (1) Before the competent Federal Minister declares a teaching material suitable for use in teaching (Section 14 (5)), he has an expert opinion from a panel of experts

1.		on the existence of the conditions pursuant to section 14 (2),
2.		to determine the appropriateness of the use of the teaching material in the classroom and
3.		to determine the way in which the teaching resources contribute to the attainment of interdisciplinary educational goals and competences in the sense of the tasks of the Austrian School (§ 2 of the School Organization Act),
In the absence of radio or television broadcasts, a representative of the competent Federal Ministry has participated in the production of such broadcasts as a consultant. "

(4) The following paragraph 5 is added to § 15:

" (5) The competent Federal Minister may, by means of a regulation, provide for a procedure abbreviated to (1) to (4) if:

1.		they are updates or reorders of teaching materials which have already been declared fit, or
2.		there is no sufficient prospect of a determination of the suitability of the teaching material according to the criteria of § 14 (2) or § 15 (1) Z 2 or 3.
In the case of the determination of the non-participation of a teaching material in the abbreviated procedure in accordance with Z 2, the author, publisher, publisher or manufacturer may submit a further application in accordance with § 14 (5), which shall be subject to a procedure in accordance with paragraphs 1 to 4. is to be supplied. "

Section 23 (1a) reads as follows:

" (1a) The repeat exams shall take place on the first two days of the first week of the following school year, unless otherwise specified below. In the final stage of schools with final examination, the repeat examination shall take place in no more than one subject matter at the request of the pupil between the assessment conference (section 20 (6)) and the beginning of the examination of the examination; a a one-off repetition of these tests shall be admissible at the request of the pupil for the date of the examination in accordance with the first sentence and paragraph 1c. "

6. The title of the 8. Section is:

" 8. Section

Final exams, Externist tests "

7. § § 34 to 36, 36a and 37 to 41, together with the headline, are:

" Form and scope of final exams

§ 34. (1) The final test shall consist of:

1.		a preliminary examination and a main examination, or
2.		of a primary examination.

(2) The preliminary examination shall consist of written, oral and/or practical tests.

(3) The main examination shall consist of:

1.		a final work (including its presentation and discussion), which is to be created independently and outside of the teaching period (in higher schools at a pre-scientific level; with a final or diploma character),
2.		a examination of the examination, which includes written, graphic and/or practical examinations and oral compensation checks, and
3.		an oral examination which includes oral examinations.

(4) The competent Federal Minister for the types of schools concerned (school forms, subject-matter) according to their tasks and curricula as well as the equivalence of the examination by means of the Regulation shall lay down detailed provisions on the examination form to meet.

Audit Commission

§ 35. (1) In the preliminary examination, the examination committees of the individual examination areas are members of:

1.		the head of the school or the professional executive or a teacher to be appointed by the head of the school as chairman and
2.		the teacher who has taught the subject-matter of the respective examination subject in the relevant class, and another teacher (examiner) to be appointed by the head of the school.

(2) The main examination includes the examination committees of the individual examination areas according to § 34 (3) (1) to (3) of the examination board as members:

1.		the national school inspector responsible following the division of the office of the Landesschulrat, or another expert in the middle and/or secondary school, to be ordered by the school authority of the first instance. of the higher education system or external expert expert as chairman,
2.		the principal or a department head or teacher to be ordered by him,
3.		the class's head or the Executive Board of the Year or, if it is necessary with regard to the technical requirements of the examination area, a qualified teacher to be appointed by the head of the school,
4.		the teacher who has taken care of the final work pursuant to § 34 (3) Z 1 or the subject of the examination or the subject of the class or subjects of instruction in the relevant examination subject to the examination area of the examination or the oral examination Class has been informed (examiner) and
5.		in the case of examination areas of the oral examination and in the case of oral compensations of the examination of the examination, a professional teacher to be determined by the head of the school (Beisitzer).
If several teachers are eligible for an examination area as examiners according to Z 4, the headmaster will have one, however, if the technical requirements require no more than two qualified teachers as examiners. When ordering two examiners, the two examiners agree to a single vote and, in the case of an oral examination or an oral compensations test, no appointment of a contestation according to Z 5 shall be made. If a qualified teacher is not available for an examination area as a co-sitter according to Z 5, the school authority of the first instance has to appoint an expert teacher of another school as a co-sitter.

(3) The presence of all the members of the Commission referred to in paragraphs 1 and 2 shall be required for a decision of the examination commissions referred to in paragraphs 1 and 2. The Chairman of the Audit Commissions referred to in paragraph 2 does not agree. Abstentions are inadmissible. In the case of examination areas of the oral examination and in the case of oral compensations of the examination of the examination, the examiners or examiners are together with the examiner and the assessor together, one vote. In the event of unforeseen prevention of the chairman pursuant to paragraph 2 (2) (1), the chairmanship shall be carried out by the head of the school or by a teacher to be appointed by the latter. If another member of the respective examination board is prevented or if the function of the examiner coincides with the function of another Commissioner, the head of the school shall have a substitute for the member concerned. order.

Audit dates

§ 36. (1) In accordance with the tasks and curriculum of the relevant school form, preliminary examinations shall take place at the end of the penultimate period or in the last school stage, but before the main date of the main examination. The concrete examination dates for the individual examination areas (partial exams) are based on the regulations of the relevant Federal Minister and on the basis of the curriculum requirements by the school authority. of the first instance.

(2) Main examinations have to take place:

1.		for the initial submission of the final work according to § 34 paragraph 3 Z 1 within the 2nd semester of the last school level before the start of the examination in the main appointment,
2.		for the first-time entry to the examination and the oral examination within the last nine or, if required by the appointment organisation, ten weeks of the year of education (main date); and
3.		incidentally,
a)			within the first seven weeks of the school year,
b)			within seven weeks after the Christmas holidays and
c)			within the last nine or, if it requires the appointment, ten weeks of the year of education.
If it is necessary for educational reasons or for the duration of a course schedule, the competent Federal Minister can set different dates for the main examination by means of a regulation of Z 1 to 3.

(3) In the context of the final examination at vocational higher schools as well as at higher institutions of teacher training and educating, individual examinations of the examination of the examination or examination of the examination can be carried out. the oral examination at the request of the pupil before the main date (para. 2) are filed (early partial examinations) if the corresponding teaching subjects have been completed in accordance with the curriculum. Examination date is the date specified in section 2 Z 3 lit. a of the last school level.

(4) The specific examination dates in the context of the main examination shall be determined on the basis of the requirements of the curriculum as follows:

1.		for the submission of the final work pursuant to Section 34 (3) Z 1 by the competent Federal Minister,
2.		for the individual standardized examinations of the examination by the competent Federal Minister and for the remaining examinations of the examination of the examination by the school authority of the first instance and
3.		for oral compensations of compensations of standardized examinations by the competent Federal Minister, for oral examination, oral compensations of non-standard examination papers and the Presentation and discussion of the final work according to § 34 paragraph 3 Z 1 by the school board of first instance.
The Board of First Instance must, in the determination of test dates in accordance with Z 2 and 3, provide for the dates of the examination of the standardised examination procedures laid down by the competent Federal Minister, that between the At the end of the examination of the examination and the beginning of the oral examination, it shall be a reasonable period of at least two weeks.

(5) In the case of justified prevention, the candidate for examination shall be entitled to take the examination or the examinations in question after the absence of the grounds of prevention and the organisational possibility in the same examination date. ,

Approval for examination

§ 36a. (1) Subject to the provisions of Section 36 (3), all examination candidates who have successfully completed the last school level provided for in accordance with section 25 (1) shall be entitled to deposit the main examination.

(2) The first-time admission to the pre-examination as well as to the main examination (with the exception of any oral compensations in the context of the examination of the examination) at the main date shall be carried out by office. At the request of the candidate for examination, the candidate shall be admitted for the first time for the final examination at a later date, if there are important reasons to justify it. In the case of a negative assessment of examination papers, the candidate for examination must be admitted to additional oral compensation tests on request in the same examination date. Each admission to a repetition of partial examinations of the preliminary examination or of the examination areas of the main examination shall be carried out at the request of the examination candidate, with an unjustified absence from the examination (without any one within the registration period). Withdrawal of the application) to a loss of the possibility of repetition in question (§ 40 para. 1) or the possibility of oral compensation.

Examination areas, tasks, examination procedure

§ 37. (1) The competent Federal Minister has, by means of a regulation in accordance with the tasks and curriculum of the relevant type of school (school form, specialisation), with regard to the equivalence of final examinations, the more detailed provisions concerning the Examination areas, the tasks and the conduct of the tests should be laid down.

(2) The tasks shall be determined as follows:

1.		for the individual examination areas of the preliminary examination by the auditor with the approval of the Chairman of the Examination Commission,
2.		for the final work pursuant to Section 34 (3) (1) by the examiner in agreement with the candidate for examination and with the consent of the School Authority of the first instance,
3.		for the examination areas German (at the Bundesgymnasium and the Bundesrealgymnasium for Slovenes: Slovenian; at the Bilingual Federal Trade Academy in Klagenfurt: Slovenian; at the bilingual Federal High School in Oberwart: Croatian) and Hungarian), (Living) foreign language (English, French, Spanish, Italian, Latin, Greek; in other languages, in accordance with a regulation of the competent Federal Minister) and (applied) mathematics (taking into account the (in particular) of the examination subject to the examination (exams and oral compensations) at higher schools by the competent Federal Minister, for the other examination areas of the examination exam (exams and oral compensations) at middle and higher schools Proposal of the auditor by the school authority of the first instance and
4.		for the individual examination areas of the oral examination, subject areas should be drawn up by (specialist) teacher conferences. The candidate has to choose two of the subject areas, while ensuring that he is not aware of the subject areas he has chosen. These two subject areas shall then be submitted to the candidate for examination, who shall subsequently have to choose one of these areas from which to submit a task to him by the examiner or by the examiners.

(3) The examination must be carried out in such a way that the candidate for examination in the solution of the tasks his knowledge of the examination area, his insight into the relationships between different subject areas as well as his independence in the thinking and in the Application of the teaching material can be demonstrated. In addition, the task of the final work according to § 34 (3) Z 1 is to be designed in accordance with the educational goal of the respective school type (school form, specialisation) in such a way that the examination candidate has extensive knowledge and the Mastery of the respective examination area or the respective discipline appropriate methods as well as its independence in the task management and its ability in communication and expert discussion within the framework of the presentation and The debate can be demonstrated.

(4) During the preparation of the final work according to § 34 (3) Z 1, the examiner must be supervised continuously by the examiner at the last school level, paying attention to the self-employment of the performance of the examination candidate.

(5) The oral examination shall be held in public and before the respective examination board. The Chair shall be responsible for conducting the audit. The head of the school has to entrust a writer with the preparation of a test protocol.

Assessment of the performance of the examination

§ 38. (1) The performance of the examination candidate in the individual partial examinations as well as of the examination areas of the preliminary examination must be assessed on the basis of substantiated requests by the examiners from the respective examination board of the preliminary examination (Section 35 (1) and (3)) (partial assessments in the context of the preliminary examination and assessment of the examination areas of the preliminary examination).

(2) The performance of the examination candidate in the final work pursuant to § 34 (3) Z 1 (including the presentation and discussion) shall be based on a reasoned request from the examiner of the final work of the respective candidate. Examination board of the main examination (§ 35 (2) and (3)) to be assessed (assessment of the final work).

(3) The performance of the examination candidate in the individual examination papers in the course of the examination of the examination are due to the reasons for substantiated requests by the examiners of the examination papers of the respective examination board of the main examination (§ 35 para. 2 and 3). In any case, a positive assessment of a written examination shall be considered as an assessment in the examination area of the examination subject to the examination. A negative assessment of a written examination is then considered to be an assessment in the examination area if the candidate does not submit an additional oral compensation examination in the same examination date (assessments of the examination areas of the examination area of the examination area). Examination of the exam). In the case of standardized examination areas of the examination in accordance with § 37 paragraph 2 Z 3, the tasks of which are determined by the competent Federal Minister, the examiners ' requests for assessment as well as the assessment by the Examination Committee in accordance with the central correction and assessment instructions of the competent Federal Minister.

(4) The performance of the candidate for the examination in the individual examination areas of the oral examination of the main examination shall be based on justified consensual requests by the examiners and/or the examination board. the examiner and the assessor of the respective examination board of the main examination (§ 35 para. 2 and 3) to be assessed (assessments of the examination areas of the oral examination).

(5) If partial exams have been filed in the course of a preliminary examination, the examination board of the preliminary examination has, on the basis of the partial assessments determined in accordance with paragraph 1, the assessment of the performance of the candidate in those examination areas to be fixed. If an additional oral compensation examination has been filed in the course of the examination in the case of a negative assessment of a written examination, the examination board of the main examination has to do with the partial assessment of the written examination with " Not "sufficient" and the partial assessment of the oral compensation test to determine the assessment of the performance of the candidate in the examination subject in question with "satisfactory", "sufficient" or "not sufficient".

(6) The assessments referred to in paragraphs 1 to 5 shall be made subject to the application of section 18 (2) to (4) and (6) to the exclusion of the general public. On the basis of the assessments of the performance in the examination areas of the preliminary examination and the main examination, as laid down in accordance with paragraphs 1 to 5, the chairman of the examination boards has to examine the overall assessment of the final examination of the final examination. decision. The final test is

1.		"with excellent success", if at least half of the examination areas are judged "very good" and the other examination areas are "good"; assessments with "satisfactory" do not prevent this finding if at least Many assessments with "Very good" are available in excess of half of the examination areas;
2.		"with good success", if none of the examination areas are judged to be worse than with "satisfactory" and, moreover, at least the same number of examination areas are assessed with "very good" as with "satisfactory";
3.		"passed" if no examination area is judged to be "not sufficiently" and the conditions under Z 1 and 2 are not met;
4.		"do not pass" if the performance in one or more examination areas is assessed with "not enough".

Examination certificates

§ 39. (1) The performance of the examination candidate during the preliminary examination and at the request of the pupil, even in the case of early partial exams of the main examination, shall be in a certificate of the preliminary examination or on the early part-examination of the main examination to be assessed. The overall assessment of the performance of the examination candidate is to be assessed in a certificate of the final examination.

(2) The certificate referred to in paragraph 1 shall contain in particular:

1.		the name of the school (school type, school form, subject area);
2.		the identity of the candidate for the examination;
3.		the name of the curriculum according to which it has been informed;
4.		the topic of the final work pursuant to § 34 (3) (1) (1);
5.		the assessment of the performance in the individual examination areas of the preliminary examination and the main examination (in the case of the assessment of an examination area of the examination subject to the examination of an additional oral compensations test with "satisfactory" or "Sufficient" also a reference to the filing of the oral compensations test);
6.		in the case of the main examination, the overall assessment of the benefits in accordance with section 38 (6);
7.		the decision on the admissibility of a repetition of partial exams (§ 40);
8.		if necessary, endorsements of allowances acquired through school attendance (including with regard to EU legal recognition of diplomas and professional qualifications);
9.		Place and date of the exhibition, signature of the chairperson of the examination board, the head of the school or the department board as well as the class board and/or the class board. of the annual management board, the school's circular seal.

(3) The relevant Federal Minister has to take the more detailed provisions on the design of the certificate forms by means of a regulation.

Repetition of partial exams or of audit areas

§ 40. (1) Partial Exams If the examination areas are not assessed on the grounds of miserable performance or are judged to be "not sufficiently", the candidate for the examination shall be no more than three times to repeat those partial exams of the preliminary examination, or To allow examination areas of the main examination.

(2) The repetition of the final work pursuant to § 34 (3) Z 1 shall be carried out in accordance with the provisions of the Regulation with a new topic or in a different form. The repetition of the other partial exams of the preliminary examination or Examination areas of the examination of the examination and the oral examination must be carried out in the same way as the original examination.

(3) The repetition of partial exams of the preliminary examination or of the examination areas of the main examination shall be carried out within three years, calculated from the date of the first occurrence, in accordance with the examination regulations in force at that date. From this point on, the final examination shall be carried out in accordance with the respective examination requirements, and the successful tests of comparable levels and content shall not be repeated.

(4) At the request of the candidate for examination, the head of the school has to assign a specific examination date for the repetition of the examination to the examiner on the basis of the dates set in accordance with § 36 (3).

Additional Checks

§ 41. (1) The examination candidate shall be entitled to carry out additional examinations during the final examination in the course of the final examination, if such examinations are provided for by law and if appropriate examiners are available at the school. The admission to the additional examination is carried out at the request of the candidate for examination. In this case, the Examination Committee (§ 35) also belongs to the examiner and, in the case of oral examinations, also the assessor of the examination area of the additional examination. The assessment of the performance of the candidate in the additional examination has no influence on the overall assessment of the final examination in accordance with § 38 (6); however, if the additional examination is passed, it is to be found in the examination certificate (§ 39). certificates.

(2) Persons who have already successfully passed a maturity test, a maturity and diploma examination or a maturity and qualification examination of a higher school are on their request from the principal of an eligible higher school to the To allow additional tests to be carried out for the test of maturity. Such an additional examination may also take place outside of the dates for the final examination of the relevant school.

(3) § § 35 to 40 shall apply to the additional tests for the tyre test in accordance with the relevant application. "

8. The title of section 8a as well as § § 42a to 42i are omitted. Section 42j receives the title of paragraph "§ 41a." and shall be inserted with the title in accordance with § 41.

9. § 51 para. 2 reads:

" (2) In addition to the teaching, educational and administrative tasks assigned to him (e.g. carrying out standard reviews), the teacher has, if necessary, the functions of a class board, a workshop or workshop manager, and Kustos, To take on subject coordinators as well as a member of an examination board, attend the teachers ' conferences, and attend necessary training and further education courses. "

10. In § 71 para. 2 lit. f is omitted in the clip expression the turn "37 (5)" .

11. In Section 78b (1), the turn shall be "Section 8a" through the turn "Section 8" replaced.

12. § 78b (2) reads:

" (2) In the school years 2010/11 to 2013/14, new forms of maturity and diploma examination in accordance with Section 8 are to be tested in the school years 2010/11 to 2013/14 at vocational higher schools as well as in higher institutions of teacher and teacher education. § 7 of the Schulorganisationsgesetz (School Organization Act) shall apply to such school trials, subject to the proviso that there is no numerical restriction. The provisions of Section 8 and their application to partial examinations of the professional tyre test in recognised courses according to § 8 of the Federal Act on the Professional Entrance Examination, which will be filed as of 1 April 2015, are the recognition of To lay down courses in preparation for the professional tyre test. "

13. In § 82, the following paragraph 5p is inserted after paragraph 5:

" (5p) The following provisions of this Federal Act in the version of the Federal Law BGBl. I No 52/2010 shall enter into force as follows: except for power:

1.		Section 14 (2) and (5), section 15 (1) and (5), section 51 (2), section 78b (1) and section 82b, together with the title, shall enter into force on 1 September 2010,
2.		the heading of Section 8, as well as sections 34 to 36, 36a and 37 to 41 and 71 para. 2 lit. f shall enter into force on 1 September 2010 and shall, by way of derogation from that date,
a)			with regard to the general education of higher schools, with a major appointment as of 2014 and
b)			in the case of middle and higher vocational schools and the higher education and training institutions for final examinations, with a major date from 2015 onwards,
3.		Section 23 (1a) and § 41a, together with the title, shall enter into force on 1 September 2013,
4.		the heading of Section 8a and Articles 42a to 42i, together with the heading, shall expire on 31 August 2010. '

14. § 82b together with the headline is:

" Transitional right to 8. Section

§ 82b. (1) § § 34 to 36 (excluding para. 2 Z 2), 36a and 37 to 41 as well as 71 para. 2 lit. f in the version before the novella BGBl. I No 52/2010 shall also apply for final examinations up to the date of effect of the corresponding provisions in accordance with Section 82 (5p) Z 2 as well as the repetition of such final examinations beyond the date of this effective acquisition. continue to apply.

(2) § 36 para. 2 Z 2 of the version before the Novelle BGBl. In respect of the period of application referred to in paragraph 1, I No 52/2010 shall be as follows:

" 2.		in fact, within the first seven weeks of the school year, within seven weeks after the Christmas holidays and within the last new weeks of the year of education. "

Fischer

Faymann