97. Federal Act amending the Law on Education for Vocational Training, College and Preparatory Courses as well as the Vocational Training Act (Berufsreifeprüfungsgesetz)

The National Council has decided:

Article 1

Amendment of the school teaching law for working persons, colleges and preparatory courses

The school teaching law for professionals, colleges and preparatory training courses (SchUG-BKV), BGBl. I No 33/1997, as last amended by the Federal Law BGBl. I n ° 75/2013 and by the Federal Ministries of the Federal Ministries of Law 2014, BGBl. I n ° 11/2014, shall be amended as follows:

1. § 7 (3).

2. § 12 (4) shall be deleted.

3. In § 15 (2), the turn-of-the-turn " , at the Realgymnasium for professionals at the Theresians Military Academy, however, ten days per half-year " .

4. In § 23 (1) the word "Obligatory items" by the word "Modules" replaced.

5. § 26 and headline reads:

" Rising

§ 26. A student or a student is entitled to ascend into the next semester. "

6. § 28 (3) deleted.

Section 32 (3) is deleted.

8. § § 33 to 41 together with the headings are:

" Form and scope of final exams

§ 33. (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, graphic 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 government member shall, for the types of schooling concerned (school forms, subject-matter), specify in accordance with their tasks and curricula and, taking into account the equivalence of the examination by the Regulation, more detailed provisions on the Examination form to be taken.

Audit Commission

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

1.		the principal or principal of the school, or a teacher to be appointed by the head of the school or the head of the school, or a teacher to be appointed by him or her, as chairman or chairman,
2.		the professional executive or the expert or, if no professional or professional executive is appointed, an expert teacher to be determined by the head of the school or by the head of the school, or one of the teachers to be determined by that teacher or by the teacher professional teacher and
3.		that teacher or teacher who has taught the subject-matter of the particular examination subject in the class concerned (examiner/examiner).

(2) The main examination includes the examination committees of the individual examination areas according to § 33 (3) (1) (1) to (3) as members:

1.		the national school inspector or the national school inspector responsible for the business distribution of the Office of the Landesschulrat or another expert to be appointed by the competent school authority, or another person to be ordered by the competent school authority Expert of the medium or the higher education system or external expert expert or external expert as chairman or chairperson,
2.		the head of the school or the head of the school, or any department head or department or teacher or teacher who is to be ordered by him or her,
3.		the professional executive or the specialist or, if no professional or specialist executive is appointed, a qualified teacher to be determined by the head of the school or by the head of the school, or a specialist teacher or coordinator of the study coordinator or the study coordinator,
4.		that teacher or teacher who has taken care of the final work pursuant to Article 33 (3) (1) (1) or the subject of the examination or the subject of the examination or the subject of the examination or the subject of the oral examination, or has taught subjects in the relevant class (examiner/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, one or a qualified teacher to be determined by the head of the school or by the head of the school, or Examination area "Religion" is a religion teacher or a religious teacher (Beisitzer/Beisitzerin).
If several teachers are eligible for an examination area as examiners or examiners in accordance with Z 4, the principal or principal shall have one or one, however, if the technical requirements require no more than two knowledgeable persons Appoint teachers as examiners, examiners, examiners and examiners. When ordering two examiners, one examiner and one examiner, the two examiners shall have one vote together and, in the case of an oral examination or an oral compensation test, shall not be appointed by a co-chair. or a side-seater according to Z 5. If an examination area is not an expert teacher or an expert teacher or teacher, A teacher of religion or a religious teacher as a co-sitter or a co-sitter according to Z 5 is available, the responsible school authority has a qualified teacher or a specialist teacher. To order a religious teacher or a religious teacher of another school as a co-sitter or a co-sitter.

(3) For a decision of the examination commissions referred to in paragraphs 1 and 2, the presence of all the Commissioners referred to in paragraphs 1 and 2 and the unconditional majority of the votes cast shall be required. The chairman of the examination board or the chairperson of the examination board in accordance with 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 examiner, the examiner and the examiner, or the examiner, or the examiner, shall be the examiner or the examiner and the assessor or the assessor in each case shall share a single vote. In the event of unforeseen prevention of the chairman or chairpersons referred to in paragraph 2 (1) and, if necessary, in the case of standardised oral compensation checks, the chairmanship shall be carried out by the head of the school or by the head of the school or by one or more a teacher or teacher to be ordered by this or that of the teacher. If another member of the respective Examination Board is prevented or if the function of the examiner or the examiner is related to the function of another Commissioner, the principal or principal for the shall appoint a deputy or a deputy.

Audit dates

§ 35. (1) In accordance with the tasks and curriculum of the relevant school form, preliminary examinations must be submitted for the first time at the end of the third semester prior to the first-time admission to the examination for the first time or within the two of the first-time admission to the Examination of examinations during the previous semester can be accepted. The specific examination dates for the individual examination areas (partial examinations) shall be determined by the competent government member in accordance with the conditions laid down in the detailed rules, and by the competent authorities in accordance with the requirements laid down in the regulations. to establish a school authority.

(2) Main examinations have to take place:

1.		for the first-time submission of the final work pursuant to § 33 (3) (1) (1) within the two semesters preceding the first admission to the examination for the first time,
2.		for the presentation and discussion of the final work in the period following the delivery in accordance with Z 1 and the end of the test date according to Z 3, in which for the first time the main examination has been performed,
3.		for the examination of the examination and the oral examination
a)			within the last nine or, if required by the appointment organisation, ten weeks of the half-year corresponding to the summer semester (main date),
b)			within the first seven weeks of the school year, and
c)			within seven weeks after the Christmas holidays.
If it is necessary for educational reasons or for the duration of a course provided for in the course of the course, the competent government member may set different dates for the main examination by means of a regulation of Z 1 to 3.

(3) In the course of the final examination, individual partial examinations of the examination of the examination can be carried out. the oral examination at the request of the student before the examination date of the first-time admission to the main examination (para. 2 Z 3) are filed (early partial examinations) if

1.		the relevant teaching subjects are completed in a positive way, or
2.		have successfully completed module examinations in accordance with § 23a in the relevant teaching subject.
The date of examination is the date specified in section 2 (2) (3) (a), (b) or (c) after the successful completion of the subject of the examination subject to the examination area.

(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 33 (3) Z 1 by the relevant government member,
2.		for the individual standardized examinations of the examination by the responsible government member and for the remaining examinations of the examination by the head of the school or by the head of the school after the agreement has been made with the or the chairman and
3.		for oral compensations of compensations of standardized examinations by the responsible government member, for the oral examination, oral compensation tests of non-standardized examinations, as well as the Presentation and discussion of the final work according to § 33 paragraph 3 Z 1 by the principal or the head of the school after making the agreement with the chairperson or the chairman.
The responsible school authority and the headmaster or the head of the school have to determine the dates of the examinations in accordance with Z 2 and 3 on the basis of the examination dates set by the relevant member of the government for the standardized test dates for the standardised provision should be made for an adequate period of at least two weeks between the final written examination and the commencement of the oral examination.

(5) In the case of justified prevention, the candidate for examination or the examination candidate shall be entitled to take the examination or the examinations in question after the removal of the grounds of prevention as well as in accordance with the organisational structure of the examination. Possibility to be deposited in the same test date.

Approval for examination

§ 36. (1) For the filing of the main examination, all candidates for examination and examination candidates shall be entitled to:

1.		the modules corresponding to all mandatory items have been successfully completed,
2.		have participated in all the modules related to the Obligatory Exercises, and
3.		who have completed all compulsory internships and internships in the curriculum.
The provisions of Section 35 (2) (1) and (2) and (3) shall remain unaffected.

(2) Any admission to the final examination for the final examination (including the repetition of partial examinations) shall be made at the request of the candidate for examination or the examination candidate. In case of a negative assessment of written examination papers, the candidate for examination or the examination candidate must be admitted to additional oral compensation tests on request in the same examination date. An unjustified absence of a repetition of a partial examination or of an oral compensation test (without a withdrawal of the application admissible within the registration period) leads to a loss of the relevant part of the examination. Possibility of repetition (§ 40 (1)) or the possibility of oral compensation.

Examination areas, tasks, examination procedure

§ 37. (1) In accordance with the tasks and syllabus of the relevant type of school (school form, specialisation), the member of the Government of the Member State responsible for the equivalence of final exams shall have the provisions on the subject of the following: 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 examiner or the examiner, with the consent of the chairman or chairperson of the examination board,
2.		for the final work pursuant to § 33 (3) (1) (1) by the examiner or the examiner in agreement with the examination candidate or the examination candidate and with the consent of the responsible school authority,
3.		for the examination areas German, (Living) foreign language (English, French, Spanish, Italian, Latin, Greek; in other languages in accordance with a regulation of the relevant Federal Minister) and (applied) mathematics (under Consideration of the respective curriculum requirements) of the examination exam (exams and oral compensations) at higher schools by the responsible government member, for the other examination areas of the examination exam (exams and oral compensations) at middle and higher Schools, on a proposal from the auditor or the examiner, by the competent school authority, and
4.		for the individual examination areas of the oral examination, subject areas should be created by (subject) teacher and (subject) teacher conferences. The candidate for the examination or candidate has to choose two of the subject areas, while ensuring that he or she is not aware of the subject areas he or she has chosen. These two subjects shall then be submitted to the candidate for examination or to the candidate for examination, who shall, in future, have to choose one of these areas from which he or she shall be the examiner, the examiner or the examiner. To submit a task to the examiner, the auditor and the examiner or to the examiner.

(3) The examination must be carried out in such a way that the candidate for the examination or the examination candidate in the solution of the tasks, his or her knowledge of the examination area, his or her insight into the relationships between different subject areas, and to demonstrate his or her independence in thinking and in the application of the teaching material. In addition, the task of the final work according to § 33 (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 or the examination candidate Extensive knowledge and mastery of the respective examination area or discipline appropriate methods as well as his or her self-employment in the management of tasks and his or her ability in communication and Expert discussion in the context of the presentation and discussion can prove.

(4) During the preparation of the final work pursuant to § 33 paragraph 3 Z 1, the examination candidate or the examination candidate shall be continuously supervised by the examiner or the examiner over eight months, with the self-employment of the examiner. Achievements of the examination candidate or of the examiner must be respected.

(5) The oral examination as well as the presentation and discussion within the framework of the final work shall be held publicly before the respective examination commission. The chairman shall be responsible for the management of the examination. The head of the school or the head of the school has to entrust a writer or a secretary with the preparation of a protocol of verification.

Assessment of the performance of the examination

§ 38. (1) The performance of the examination candidate or of the examination candidate in the individual partial examinations as well as of the examination areas of the preliminary examination are based on substantiated requests by the examiners or examiners of the respective examination board of the Preliminary examination (§ 34 (1) and (3)) (partial assessments in the context of the preliminary examination as well as assessment of the examination areas of the preliminary examination).

(2) The performance of the examination candidate or of the examiner in the final work pursuant to § 33 (3) Z 1 (including the presentation and discussion) shall be based on a reasoned request by the examiner or the examiner of the final work to be assessed by the respective examination board of the main examination (§ 34 (2) and (3)) (assessment of the final work).

(3) The performance of the examination candidate or the examination candidate during the individual examinations during the examination of the examination are based on substantiated requests by the examiners or examiners of the written examination of the respective examination. Examination board of the main examination (§ 34 (2) and (3)), whereby a positive assessment of a written examination is in any case assessed as an assessment in the examination area of the examination. A negative assessment of a written examination is then considered as an assessment in the examination area if the candidate for examination or the candidate does not submit an additional oral compensation examination in the same examination (assessments of the examination). Examination areas of the examination of the exam). In the case of standardized examination areas of the examination in accordance with § 37 para. 2 Z 3, whose tasks are determined by the competent government member, the assessment requests of the examiners and examiners as well as the assessment by the Examination board shall be carried out in accordance with the central correction and assessment instructions of the relevant government member.

(4) The performance of the examination candidate or of the candidate for examination in the individual examination areas of the oral examination of the main examination shall be based on justified consensual requests by the examiners or examiners, respectively. of the examiners and assessors of the respective examination board of the main examination (§ 34 (2) and (3)) (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 established in accordance with paragraph 1, the assessment of the performance of the candidate for examination or of the examination candidate in to set these audit areas. 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 examination to determine the assessment of the performance of the candidate for examination or of the candidate for examination in the examination area concerned with "satisfactory", "sufficient" or "not sufficient".

(6) The assessments referred to in paragraphs 1 to 5 shall be carried out in camera. 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 chairperson of the examination boards of the examination board has the main examination of the overall assessment of the final examinations. To decide. 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 candidate for examination or the examination candidate during the preliminary examination and at the request of the student, even in the case of early partial examinations of the main examination as well as in the final work, shall be provided in a certificate of the Pre-examination or on the early part-examination of the main examination or on the final work to be assessed. The overall assessment of the performance of the examination candidate or candidate is to be assessed in a certificate of the final examination.

(2) The certificate of the final examination referred to in paragraph 1 of the last sentence shall include in particular:

1.		the name of the school (school type, school form, subject area);
2.		the identity of the candidate for the examination or the candidate;
3.		the name of the curriculum according to which it has been informed;
4.		the topic of the final work according to § 33 (3) (1) (1);
5.		the assessment of the performance in each of the examination areas of the preliminary examination and of the main examination;
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.		Certification of the level of training provided for in Article 11 of Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 22.11.2005, p. No. OJ L 255, 30.9.2005, p. 22, as last amended by OJ L 327, 28.11.2005 No. OJ L 305, 24.10.2014 p. 115, as last amended by Directive 2013 /55/EU, OJ L 206, 22.7.2013, p. No. OJ L 354, 28.12.2013, p.132;
10.		The place and date of the exhibition, the signature of the chairman of the examination board, the head of the school or the head of the school, or the department board, the school's circular seal.

Repetition of partial exams or of audit areas

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

(2) The repetition of the final work pursuant to § 33 (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 or the candidate for examination, the head of the school or the principal has a specific examination date for the repetition of the dates set out in accordance with § 35 (4). Assign Review.

Additional Checks

§ 41. (1) In the course of the final examination at a higher school, the candidate for examination or the examination candidate shall be entitled to carry out additional examinations for the examination of the maturity of the examination, if such examinations are provided for by law and if appropriate examiners or examiners are required to perform the examination at the school. Examiners are available. Admission to the additional examination is carried out at the request of the candidate for examination or the examination candidate. In this case, the Examination Committee (§ 34) also belongs to the examiner or the examiner and, in the case of oral examinations, also the assessor or 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 eligible for their application by the principal or by the principal of a school. to allow the higher school to be completed for the examination of the tire test. Such an additional examination may also take place outside of the dates for the final examination of the relevant school.

(3) § § 34 to 40 shall apply to the additional tests for the maturity test in accordance with the applicable law. "

9. § 41a together with the title shall be deleted.

10. In § 46 (1) the word "competent" by the word "competent" replaced.

(11) The following paragraph 9 is added to § 69:

" (9) For the entry into force of the by the Federal Law BGBl. I No 97/2015 amended or inserted provisions and the expiry of the provisions of this Federal Act as well as for the transition to the new legal situation shall be as follows:

1.		Section 15 (2), section 23 (1), section 26, title, section 46 (1), and § 70 shall enter into force at the end of the day of the event in the Bundesgesetzblatt; at the same time, Section 7 (3), Section 12 (4), § 28 (3) and Article 32 (3) shall be repeal;
2.		§ § 33 to 41 together with transcripts shall enter into force on 1 September 2015 and shall differ from that date
a)			however, for final examinations with a major date from 2017 onwards,
b)			in accordance with a regulation of the competent government member on the basis of the competence orientation of the school curricula (school type, school form) and in accordance with § 66 of the competent government member for final examinations with a later Main Date
		Application. With the agreement of the school community committee, the provisions of § § 33 to 41 on the final test can be entirely or-also in the case of the lit. (b) with regard to individual examination areas, they already apply from the school year 2015/16 onwards. Such a declaration of consent shall be submitted to the competent school authority by the end of September of the relevant school year at the latest, which shall be submitted to the competent school authority, which shall apply the early application of the relevant provisions for the final examination. The provisions of § 66 shall be made known. § § 33 to 41 in the version before the Novelle BGBl. I No 97/2015 will continue to apply for final examinations until the corresponding provisions have been taken into effect, as well as to the repetition of such final tests beyond the date of this effective acquisition. "

12. In § 70, the two-way turn will be "Education, art and culture" in each case by the turn "Education and women" replaced.

Article 2

Amendment of the Vocational Training Act (Berufsreifeprüfungsgesetz

The Vocational Training Act, BGBl. I n ° 68/1997, as last amended by the Federal Law BGBl. I No 75/2013, shall be amended as follows:

1. In Section 1 (1) (1) (1), the turn shall be "pursuant to § 21 of the Vocational Training Act" through the turn "according to the Vocational Training Act" replaced.

2. In Section 1 (1) (2) (2), the turn shall be "pursuant to § 7 of the Land and Forest Economic Training Act" through the turn "in accordance with the German law on vocational training for agriculture and forestry" replaced.

3. In Section 1 (1) (6), the turn shall be "in accordance with § 20 of the Industrial Code 1994" through the turn "according to the 1994 Commercial Code" replaced.

4. In § 1 para. 1, Z 7, the turn-of-the- "pursuant to Section 22 of the 1994 Industrial Code" through the turn "according to the 1994 Commercial Code" replaced.

5. In § 1 para. 1, Z 8, the turn-of-the- "pursuant to § 12 of the German Land and Forest Economic Training Act" through the turn "in accordance with the German law on vocational training for agriculture and forestry" replaced.

6. In Section 3 (1) (2) (2), the word "four-hour" by the word "four-and-a-half-hour" replaced.

7. § 7 (4) reads:

"(4) No partial exams or partial exams which have not been assessed in accordance with paragraph 3 shall be repeated at most three times after the expiry of two months."

8. Section 8a (5) reads:

"(5) No final exams or final exams which have not been assessed on the basis of miserable performance shall be repeated at most three times after the end of two months."

9. In Section 12 (7) (2) (2) the annual number shall be: "2016" by the year "2017" replaced.

10. The following paragraph 11 is added to § 12:

" (11) § 3 para. 1 Z 2 in the version of the Federal Law BGBl. I No 97/2015 will enter into force on 1 April 2017. Section 1 (1) (1), (1), (2), (6), (7) and (8), as well as section 8a (5) of the above-mentioned version shall enter into force on 1 September 2015; Section 7 (4) and Article 8a (5) shall apply to examinations which have been filed from that date. "

Fischer

Faymann