2. Education Laws Package 2005

Original Language Title: 2. Schulrechtspaket 2005

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20 federal law, with which the school Organization Act, the 1985 School Act, the compulsory education Act 1985, the school education Act, the agriculture and forestry Federal Education Act, the student aid Act 1983, the study support act of 1992, the federal inspection law and the training documentation Act be changed (2005 2 education laws package)

The National Council has decided:

Table of contents



Article







              Subject







1





Amendment of the school organization act







2





Amendment to the School Act of 1985







3





Amendment of the compulsory education Act 1985







4





Amendment of the Education Act







5





Change of land and forestry Federal Education Act







6





Change of the student aid Act 1983







7





Change of study support act of 1992







8





Amendment of the federal inspection law







9





Amendment of the Act on education documentation





Article 1

Amendment of the school organization act

The school Organization Act, Federal Law Gazette No. 242/1962, as last amended by Federal Law Gazette I no. 91/2005 is amended as follows:

1 § 6 para 1 third sentence reads:



"The competent Minister has to empower the individual schools, to provisions (autonomous school curriculum), as far as this is feasible, taking into consideration the educational task of individual types of schools (school forms, disciplines), their permissions as well as maintaining the transfer possibilities in the framework of same types of schools (schools, professional direction) and the conversion options in the sense of § 3 para 1 a to curriculum terms according to the local requirements, as well as in the framework of school collaboration on the basis of this Federal Act."

2 in § 8a paragraph 1 be the word "and" at the end of the lit. e by a comma and the point at the end of the lit. f by the word 'and' replaced and is following lit. g added:



"(g) for which minimum number of pupils with lack of knowledge of the language of instruction are language remedial classes to lead."

The following paragraph 4 is added to § 3. 9:



"(4) in language foerderkursen (§ 14a) elementary school has the task, students who in accordance with § 4 para 2 lit. a of the Education Act, Federal Law Gazette recorded no. 472/1986, due to lack of knowledge of the language of instruction as extraordinary pupils, to impart those skills which enable them to follow the relevant grade."

The following paragraph 5 is added to § 4. 10:



"(5) in the language foerderkursen (§ 14a) is lit with a duration of 11 hours a week instead of in paragraph 1 and paragraph 2. "a compulsory items mentioned the curriculum addition"German for pupils with non-German mother tongue"application."

5. (principle of determination) according to § 14 is inserted the following § 14a along with heading:



"Remedial language classes



§ 14a. In the years 2006/07 and 2007/08 four grades can be set in the pre-school level and in the first anyway, from a number of students from eight students remedial language classes. Remedial language classes last not more than one year of teaching and can be done also schulstufen - or across the school. Under the execution Act authority decides on the establishment of language foerderkursen. For language remedial classes required teachers to be ordered."

6 paragraph 36 along with heading:



"Forms of general-education secondary schools



36. the following section forms the general-education secondary schools - apart from the special shapes (§ 37) - are eligible:



1 with lower and upper stage: a) the gymnasium - with particular emphasis on linguistic, humanist and liberal arts curricula, b) high school - with special emphasis on Science and mathematics educational content, c) the Wirtschaftskundliche grammar school - with special emphasis on economic and lebenskundlichen (including practice) educational content;

"2. except on the high school: the Oberstufenrealgymnasium - with particular emphasis on linguistic, scientific and music creative educational content."

7 § 37 para 1 No. 4 is:



"4. the factory dormitory."

8 paragraph 37 paragraph 6:



"(6) the factory dormitory includes a five-year high school, where in addition to the higher education a craft training to convey is."

9 § 38 together with heading is eliminated.

10. in article 39, paragraph 1, the text is "In the curriculum (art. 6) of the forms referred to in section 36 of the higher schools of general education are considered compulsory subjects: 1 in all forms:" through the turn "in the curriculum (section 6) the forms referred to in section 36 of the general-education secondary schools can be considered compulsory subjects:" replaced.

11. in article 39, paragraph 1, the text is replaced by the phrase "a modern foreign language," with the following text:



"Latin (in high school, in the other forms as an alternative to the other living foreign language), a more modern foreign language, history and social studies, history and civic education, geography and economics, mathematics, biology and environmental studies, physics, chemistry, psychology and philosophy, information and communication technology, music education, art education, works (Alternatively technical works or textile works) - the for the various forms of general-education secondary schools with regard to their specific educational content (section 36) except the Oberstufenrealgymnasium, movement and sport, required compulsory subjects." In the curricula of all forms from high school, choice subject to duty are also in the 6th-8th grade as alternative compulsory subjects to a degree of hours provided that the total extent of the compulsory subjects in secondary school for all students is the same with the involvement of the other compulsory subjects. Subject to election duty serve the addition, enlargement or deepening of the compulsory subjects in the first set and the specific educational content of each form of general-education secondary schools (section 36)."

12. in article 39, paragraph 4 of the parenthetical expression "(Abs. 1 Z 3) is eliminated".

13 paragraph 39 para 5:



"(5) the curriculum of work school home has to vary, according to the curriculum of one of the forms referred to in the section 36 where scholastic training in a craft to provide is to fulfil the responsibilities of work school home within the meaning of § 37 para 6 in a complementary curriculum; the rules on the curriculum of the corresponding vocational middle schools (part B section II) are to apply by analogy."

14. in article 40, paragraph 2, the quote is "Federal Law Gazette No. 139/1974" by the quote "BGBl. No. 472/1986" replaced.

15. in article 45 para 2, at the end of the list, the point replaced by a comma and added to the list:



'' Federal work school home (under the leadership of craft specialization). ''

16 paragraph 3 deleted § 45.

17. in article 119, b is inserted after paragraph 8a 8 the following paragraph:



"(8B) in the years 2006/07 and 2007/08 can be done in practice elementary schools language remedial classes." Remedial language classes last not more than one year of lessons, and can be done also cross-grade. For language remedial classes required teachers to order. § 9 para 4 and article 10, paragraph 5 shall apply."

18. (principle provision relating to section 131, paragraph 18 Z 4) § 131 18 the following paragraph shall be added:



"(18) the following provisions of this Federal Act in the version of Federal Law Gazette I no. 20/2006 appear as follows in force or override:"



1 § 37 para step 1 Z 4 and para. 6, § 39 para 5, § 40 paragraph 2 and article 45 para 2 with expiration of the day of the announcement in the Federal Law Gazette in force, 2. § 6 para 1, § 8a, paragraph 1 lit. e, f and g, § 9 para 4, § 10 para 5, § 36 including heading, article 39, paragraph 1 and 4, and article 119, para. 8 b 1 September 2006 into force, 3. § 38 together with heading, § 45 para 3, § 131a including heading, § 131 b together with headline, article 131 c along with heading and section 131 come with expiration of the day of the announcement in the Federal Law Gazette override, 4.

(Determination of principle of) § 14a and heading appears to the countries at the end of the day of the announcement in the Federal Law Gazette in force; the implementing legislation are to adopt within a year and to put September 1, 2006 in force."

19 131 b together with heading, § 131 c along with heading and section 131 are § 131a including heading, §.

Article 2

Amendment to the School Act of 1985

The School Act 1985, BGBl. No. 77, last amended by Federal Law Gazette I no. 91/2005 is amended as follows:

1 in § 2 para 2a and § 13 para 3 are substituted the phrases "Federal Minister for education and Cultural Affairs" with the phrase "Federal Minister".

2. § 2 para 5 second sentence reads:



"Furthermore, the School Board of first instance in special cases of the school or any other public life another day schulfrei explained by regulation."


3. § 2 paragraph 7, first sentence, is:



"In Unbenützbarkeit of the school building, in civil cases and for other compelling or reasons in the public interest, the School Board of first instance can no more than three days or the competent Federal Minister that inevitably necessary time by regulation declare NAFTA."

4. § 3 para 1 first sentence reads:



"The total number of hours per week by the curriculum is by the headmaster as evenly as possible on the individual days of the week to split, where in the curriculum, taking into consideration the way of teaching the subject pedagogically appropriate Blockungen and in going beyond school-autonomous design options are."

5. paragraph 5 paragraph 1:



"(1) for academies, for the factory dormitory for schools, whose Lehrplan provides internships (except summer internships) for the middle and upper schools for professionals as well as for the Federal vocational school for watchmakers in Karlstein in lower Austria the corresponding to paragraphs 2 to 4 regulations by regulation of the competent Federal Minister are to meet, where the content of those provisions only to the extent must be adhered to, as it is in regard to the particular requirements of the respective school type is appropriate and justifiable, taking into account the age of the students."

6. in § 5 para 2 and 3 as well as article 15 par. 2 the phrases "Federal Minister for education and Cultural Affairs" are substituted by the phrase "competent Minister".

7. (determination of principle of) in § 8 para 3 is omitted the phrase ", no classes are held for students of preschool groups of also those days on which basic school organisation law".

8 paragraph 16 paragraph 2:



"(2) on school events, school-related events, and similar events, where the students outside their usual stay are accommodated, this law does not apply."

9 (principle provision relating to section 16a para 5 No. 3), the following paragraph 5 is added to § 16a:



"(5) the following provisions of this Federal Act in the version of Federal Law Gazette I no. 20/2006 apply as follows:"



1 § 2 para 2a and 7, article 5, paragraph 1, 2 and 3, article 13, para. 3, § 15 para 2, § 16 para 2, § 16c and section 17 occur with expiration of the day of the announcement in the Federal Law Gazette in force, article 2, paragraph 5 and article 3, paragraph 1 2 1 September 2006 into force, 3.

(Determination of principle of) section 8 subsection 3 occurs to the countries at the end of the day of the announcement in the Federal Law Gazette in force; the implementing legislation are to adopt within a year and to put September 1, 2006 in force."

10 according to § 16, b the following section 16 c shall be inserted:





§ 16c. As far as referenced in this Federal Act on other federal laws, they are in their currently valid version to apply."

11. in paragraph 17, the phrase "Education and Cultural Affairs" through the turn is replaced "Education, science and culture".

Article 3

Amendment of the compulsory education Act 1985

The compulsory school attendance Act 1985, BGBl. No. 76, last amended by Federal Law Gazette I no. 91/2005 is amended as follows:

1. paragraph 5 paragraph 1:



(1) that is compulsory to comply by the visit of general compulsory schools as well as middle and higher schools (including the agricultural and forestry colleges and the higher agricultural and forestry colleges).

2. paragraph 3 and 4 is § 5.

3. in article 6, para. 3, the phrase "a month" is replaced by the phrase "five months".

4. paragraph 7 subsection 1:



"(1) children who are not yet compulsory, are to record in the first grade to locate their parents or other guardians to the beginning of the school year, when they complete their sixth year until March 1 of the following calendar year, are woman and have the required school social skills."

5. § 7 paragraph 4 first sentence reads:



"The principal has to determine whether the child the school readiness in accordance with § 6 para 2 has b and whether it has the required school social competence to request the personal conception of the child and to obtain a schulärztliches opinion."

6 § 7 paragraph 8 first sentence reads:



"It turns out after the entry into the first grade, that the school readiness (§ 6 par. 2 b) or the required school social skills do not yet exist, is to revoke the early recording by the headmaster."

7 paragraph 15 together with the heading:



"Liberation school children of the school



Section 15 (1) unless medical reasons preclude the school or this this stress unacceptable for student would, to free the students for the inevitably necessary time from attending school.

(2) in the case of an expected to be beyond the duration of a semester period of the exemption referred to in paragraph 1 the Bezirksschulrat has to advise the parents or other legal guardians of the child about it, the funding possibilities outside the school.

(3) on the procedure, article 8 shall apply mutatis mutandis. Pursuant to article 15 in the version before the amendment to the Federal Law Gazette I no. 20 / 2006 carried out exemptions from compulsory school failure considered for the observed duration of exemption from compulsory exemptions within the meaning of paragraph 1."

8 10 the following paragraph is added to article the 30:



"(10) the following provisions of this Federal Act in the version of Federal Law Gazette I no. 20/2006 appear as follows in force or override:"



Article 6 par. 3 and § 7 para 4 1 with expiration of the day of the announcement in the Federal Law Gazette into force, article 5, paragraph 1, article 7, para. 1 and 8 and § 15 together with heading 2 with 1 September 2006 into force, 3. is article 5 par. 3 and 4 at the end of August 31, 2006 except for power."

Article 4

Amendment of the Education Act

The school education Act, Federal Law Gazette No. 472/1986, as last amended by Federal Law Gazette I no. 91/2005 is amended as follows:

1. § 3 par. 1 lit. c is as follows:



"(c) the suitability for the respective school has an opinion of Schularztes or doctor's Office to obtain is to their finding in case of doubt."

2. paragraph 5 paragraph 1:



"(1) for inclusion in the 1st stage of the individual types of schools (except the Volks - and special school and vocational school) the competent Minister shall by regulation establishing detailed rules about the Aufnahmsverfahren." For inclusion in schools, for which there exists no school district, are applicable ranking criteria to determine where anyway, on the achievements to date, close to the place of residence and visiting any school by siblings carefully to take is in regulation for all Aufnahmsbewerber in the same way. The regulation is also in schools, for which no local school districts, the school community Committee to empower, to set more detailed provisions on the ranking in terms of the task of the relevant school (Department form), where to be taken into account with regard to the suitability of the Aufnahmsbewerber on a possible school-autonomous profiling, and any existing school collaboration is (autonomous school ranking criteria). The deadlines for registration are set so that the Aufnahmsverfahren, unless they conflict with compelling reasons (E.g. the passing of tests), is completed at the beginning of the main holiday."

3. paragraph 3, 4 and 5 is § 5.

4. paragraph 6 along with heading:



"Permission to take the Aufnahms - and proficiency tests



6. (1) requirement for admission to the Aufnahms - and proficiency tests is the fulfilment of all other Aufnahmsvoraussetzungen for the relevant type of school; the conclusion of that grade, completed is a prerequisite for admission to the schools aspired is subject.

(2) an Aufnahms - set for a certain type of school or aptitude test may not be repeated for the same school year."

5. in article 10, paragraph 1, the words "three weeks" are replaced by the words "two days".

6 paragraph 11 paragraph 1:



'(1) as far as alternative compulsory subjects are provided, students between them have to choose. The choice has on the occasion of the headmaster at the beginning of the 2nd semester of the previous year in the school or within a recording to period of at least three days and no longer than a week to be made. No selection is made within this period the principal has to assign the student an the alternative compulsory subjects after the hearing. The choice and the assignment applies to all levels of education, in which the compulsory subject teaching scheduled runs. At the Polytechnic School is to set the deadline for the choice of alternative compulsory subjects within the first ten weeks of the school year and an orientation phase stored before the election by no more than eight weeks."

7. in article 11, par. 3a eliminates the phrase "that the deadline referred to in paragraph 1 for the choice of the choice compulsory subject at the beginning of the 2nd semester of the previous year to set is and".

8. in article 11, after paragraph 6, the following paragraph 6a is inserted:




"(6a) at the request of the student, the principal has to free a student if students equipped school or a post-secondary educational institution or an external certificate can prove by presentation of a certificate of a public or the public law that he has obtained the educational goal of the teaching event already high order from participating in individual items of compulsory and binding exercises."

9 § 12 para 1 last sentence reads:



"The registration has to be done (except in vocational schools) on the occasion of the headmaster at the beginning of the 2nd semester of the previous year in the school or within a recording to period of at least three days and no longer than one week and is valid only for the next school year; After this time a login is allowed, if it has no separation of the teaching event result."

10 para 2 and 3 eliminates § 12.

11. in article 12, paragraph 5 the phrase is replaced by the phrase "is 4" "are 2 to 4".

12. in article 19 paragraph 3a is eliminated in the last sentence the phrase "and moderate course vocational schools on the site of the 1st or the 2nd semester is the 1st or the 2nd half of the course".

13. in article 20, paragraph 6, first sentence replaces the word "In" the words "In the period from Wednesday to Friday".

14. in section 20, paragraph 9 is replaced "moderate course" by the phrase "lehrgangs - and moderate season".

15 § 22 paragraph 8 first sentence reads:



"At the time of the successful completion of the last level of a school or - in the case of the search on a"seam"according to section 26a - penultimate grade of a school is to exhibit a graduation certificate in addition to the testimony of the year or in connection with this, if not in accordance with article 39, paragraph 1 a certificate of the final examination to exhibit is.

16 § 23 paragraph 1 is replaced by 1 following paragraph-1 c:



"(1) a student may - placing except in elementary school, as well as in special schools with classroom teachers system - a repeat test in a compulsory subject or in two compulsory subjects, when in the year certificate



1. the students in compulsory subjects without performance groups with "Not enough" is been judged, 2nd of the students in the lowest group was classified and with is "Not enough" been judged or 3 students in the last stage of a school in a higher performance group was classified and is "Not enough" been judged with;

this connection the total number of assessments with "Not enough" according to Z 1 to 3 must not exceed two.

(1a) the repeat tests find - if not the following paragraph other arrange - held between Thursday of last week of the school year and Tuesday of the first week of the following school year.

the repeat tests between Wednesday and Friday of the first week of the school year must be placed (1 b) to year-round professional schools. Lehrgangs - and season-like vocational schools and over not a whole school year lasting professional grades the repeat tests must be placed at the earliest two weeks after completion of the course, and at the latest at the beginning of the following for the students considering coming course.

(1c) setting the days, the repeat tests must be made on which, through the school Forum (article 63a) or the school community Committee (section 64), or if a valid decision is not reached, by the headmaster. Please note that there will be no elimination of teaching through the holding of repeat tests and the beginning of scheduled teaching education (§ 10 para 1) is not delayed.

(1 d) makes a student who is the last sentence and paragraph 2 in spite of the note entitled "Not sufficient" to upgrade in the next higher grade, in accordance with article 25, paragraph 1 of this power use, so remains permission to upgrade without regard to the assessment of his achievements with the repeat test. A repeat test may not, if the note is based on the result of a supplementary audit (article 20 para. 3)."

17. in article 25, 5 b the following paragraph 5 c is inserted after paragraph:



"(5C) students who have attended a language extra-mural, are entitled in the next school year to go to the next higher grade, this provides a better way of development for the students as a whole;" on this class, the Conference according to § 20 paragraph 6 has to decide."

18. pursuant to section 26, the following Article 26a and heading shall be inserted:



"Skip to the"seams"



Article 26a. (1) for the inclusion in a higher level of a school, as it corresponds to the age of the Aufnahmsbewerbers, is § 3 sec. 6 lit. (b) searches of the student then non-application, if



1 the relevant grade, by analogy with application of section 22 par. 2 lit during an immediately preceding school in Austria. g completed with excellent success was 2nd which determines class Conference, is that the students due to his accomplishments and talents with great probability will comply with the requirements of the desired grade and type of school, and 3 not to fear an excessive demand in physical and mental terms.

In case of doubt, the student of a placement exam and also educational psychology and/or provided examination is to undergo.

(2) unless the successful completion of the 4th stage of the elementary school or secondary school (or the 8th grade) class 4 condition for inclusion in the 1st level secondary modern school, a higher or middle school, this is given to searches of the student through the successful completion of the level 3 of primary school or the 3rd grade of secondary school (or the 7th grade) , if



1. this year see by analogy with application of section 22 par. 2 lit. g completed with excellent success was 2nd which determines class Conference, is that the students due to his accomplishments and talents with great probability will comply with the requirements of the desired grade and type of school, and 3 not to fear an excessive demand in physical and mental terms.

In case of doubt, the student of a placement exam and also educational psychology and/or provided examination is to undergo.

"(3) decisions about search at bottom of paragraphs 1 and 2 are the students immediately, stating the reasons and, if not the full extent granted the application, the appeal to announce."

19. the heading of section 7 is as follows:



"7th section

Minimum and maximum duration and termination of the visit"

20 the following section 31e and heading is preceded by § 32:



"Minimum duration of visit



§ 31e. (1) if in the following paragraphs, not other is arranged, has to match, if not prematurely is a termination of the visit (§ 33) or a conversion (§ 29) considered the minimum duration of the visit of the school organization legally provided number of levels.

(2) the elementary school, middle school, the junior of general secondary school and the upper of secondary high school are to visit at least three school years.

(3) the three - and four-year vocational middle schools, vocational secondary schools and higher institutions of teachers and educators education to attend school at least as many years that matches such as the number of levels reduced by one.

(4) paragraph 2 and 3 shall not apply on special types of the mentioned schools divided into semester.'

21 § 36a para 2 second and third sentence reads:



"A non-binding preliminary examination was not or with"Insufficient"judged the candidate resigned at the latest at the beginning of the Christmas holidays of the school year of the last grade of non-compulsory preliminary examination, is to provide for a corresponding change to the chosen form of testing to ensure of the equivalence of the test form (§ 34 ABS. 4)." In the case of not judging or evaluating with "Not enough" is the candidate during the examination the main deadline for taking the exam testing and those oral exams, which are unaffected by the change of the type of examination to admit; "the exams, which are affected by the changes to the test form, the candidate on his application to the fall is at a later date (§ 36 para 2 subpara 2) entitled."

22 paragraph 38 paragraph 4:




"(4) the assessment of the audit of the annual benefits are the paragraphs 1 and 2, where by way of derogation from section 35 the teacher of the concerned duty item within that class (auditor of the annual audit) may vote and positive reviews from tests of a test area that corresponds to the obligation subject to annual audit to include are laying down the evaluation of the audit of the annual by analogy with. Positive assessment of the audit of the annual which is for year assessment taking into account newly to be determined the relevant compulsory subject with "Not enough" set assessed year services with "Satisfactory" or "Enough"."

23 § 57 including heading is as follows:



"Teacher conferences



Teacher conferences are 57 (1) to carry out the tasks conferred upon them by the legislation and to the advice of shared concerns of in particular the planning, teaching, education and training, carry out the evaluation or the professional development of teachers. In the teacher conferences those affairs are to advise anyway, whose handling is required in each of one-third of the teacher eligible for participation in the teachers Conference considering.

(2) depending on the task of the teacher conference this consists of the teachers of the school (School Council), a class (class meeting), a teaching subject matter or in any other way. On decision of the teacher's Conference, the discussions can be invited to attend other people.

(3) the principal or a teacher appointed by him shall preside in the teacher conferences. The convening of the Conference of teachers is the Chairman. A teacher conference is to convene anyway, if this each requires one-third of the teacher eligible for the participation of into account.

(4) for the decision of a teacher Conference, the presence of at least two-thirds of its members and the absolute majority of the votes are required. A voice comes to the Chairman and each Member. Vote the vote of the Chairman decides. Voice transmissions are not valid. Abstention is except in the presence of in § 7 AVG, Federal Law Gazette No. 51/1991, called bias reasons not allowed. In class conferences pursuant to § 20 paragraph 6, article 21, paragraph 4 and article 25 paragraph 2 lit. c is the right to vote only to those members, which at least four weeks have taught the students in that school year. There is a written record to lead over the course of a teacher Conference.

(5) in matters which fall within the competence of teacher conferences and where a right of codecision is to the students and guardians, this right of the representatives of the student or guardian in the school community Committee is to exercise through participation in the deliberations and voting in the teacher conferences (article 64) and the class representative of the class. On application of the Schulsprechers Z 2 of also the class President of the class of the affected student can take part in the deliberations in the issues of section 58, paragraph 2. The invitation of representatives of the student and the parent/guardian to a teacher Conference has to be in good time prior to the scheduled date and has been proven."

24. in section 63a, paragraph 2 the introductory phrase is as follows:



"In addition to the due to other statutory provisions are transferred decision-making class Forum decisions on the following matters, insofar as they relate to only one class, and the school Forum voting anyway, in the matters of subpara 1 lit. ' c, e, h, i, and n, also in the following matters as far more than a class touching: '

25. in section 63a para 2 subpara 1 lit. h is the phrase "lit. (b)".

26 the semicolon is in section 63a para 2 subpara 1 lit. m replaced by a comma and following lit. n added:



"(n) cooperation with schools and non-formal institutions;"

27 section 63a para 11 third sentence reads:



"A transmission of voice to another person is illegal and ineffective, unless rules of procedure (paragraph 16) not other sets."

28. in article 63a para 12 is the phrase "para 2 subpara 1 lit. h to j and m"by the phrase"para 2 subpara 1 lit. c, h, j, m, and n"replaced.

29. in article 64, paragraph 2, the introductory phrase is:



"In addition to the due to other statutory provisions transferred decision-making Committee is responsible for the school community:"

30. in § 64 para 2 subpara 1 lit. j is the phrase "lit. (b)".

31. in article 64, paragraph 2, no. 1 is the semicolon after lit. n replaced by a comma and following lit. o added:



"(o) cooperation with schools and non-formal institutions;"

32. paragraph 64 paragraph 6:



"(6) the representatives of parents or guardians are by the legal guardian of the pupil of concerned school, adult students from their parents, unless they were family at the time of the termination of minority children, to choose from the circle within the first three months in lehrgangs - and season-like vocational schools within the first three weeks of each course, each school year for the time until the next election. At the same time with the election of the representatives of parents or guardians, three deputies are to choose. A parents association in the sense of section 63, is for school representatives of parents or guardians are however of this to send; this connection only parents and guardians may be sent, if they were family at the time of the termination of minority children, whose parents of children who attend that school, or adult students of the school."

33. in article 64, paragraph 11, the phrase is "para 2 subpara 1 lit. j m"by the phrase"para 2 subpara 1 lit. d, j m and o"replaced.

34. According to section 65, the following article 65a and heading shall be inserted:



"School cooperation



§ 65a. (1) for the purpose of qualification for professional life and the facilitation of defectors, collaborations with other schools or after-school facilities may be entered in autonomous school curriculum provisions, as well as other school-autonomous measures.

(2) cooperation with other schools and extracurricular institutions have to observe the existing legal situation and are to bring the School Board of first instance. The School Board of first instance is entitled to cancel agreements with effect for third parties, if they are contrary to the legal situation."

35. following lit is § 71 para 2. g added:



"(g) not to the full extent was granted the application in accordance with Article 26a," 36. In § 71 paragraph 8 is the phrase "and lit. e "the twist", lit. e and lit. g"replaced.

37. in paragraph 82, k according to paragraph 5j of the following paragraph 5 is inserted:



"(5k) the following provisions of this Federal Act in the version of Federal Law Gazette I no. 20/2006 appear as follows in force or override:"



1. § 5 para 1, § 6 together with headline, article 11, paragraph 1 and 3a, article 12, paragraph 1, section 20, paragraph 9, section 38 (4), section 63a para 2 subpara 1 lit. h, § 11 and § 64 para 2 subpara 1 lit. j enter into force January 1, 2006, 2. § 20 paragraph 6 and § 23 paragraph 1, 1a, 1B, 1 c and 1 d contact in force on June 1, 2006, 3. § 3 paragraph 1 lit. c, § 10 para 1, § 11 para 6a, § 12 para 5, § 19 paragraph 3a, § 22 para 8, § 25 paragraph 5c, Article 26a with heading, the heading of section 7, section 31e heading, § 36a para 2, § 57 including heading, section 63a para 2 first sentence, paragraph 2 No. 1 lit. m and n, par. 12, § 64 para 2 first sentence, para 2 subpara 1 lit. n and o, par. 6 and 11, § 65a including heading, § 71 para 2 lit. g as well as § 71 para 8 contact in force on September 1, 2006, 4. is article 5, para. 3, 4 and 5 with expiry of the 31 December 2005 except for power, 5. § 12 para 2 and 3 with expiration of August 31, 2006 except for power."

Article 5

Change of land and forestry Federal Education Act

The agriculture and forestry Federal Act, Federal Law Gazette No. 175/1966, as last amended by Federal Law Gazette I no. 91/2005 is amended as follows:

1. § 5 para 1 second sentence reads:



"He has to empower the individual schools in a curriculum framework to according to the local requirements, as well as in the framework of school collaboration on the basis of this Federal Act provisions (autonomous school curriculum), as far as this is feasible, taking into consideration the educational task of the respective agricultural and forestry College, whose permissions as well as maintaining the transfer possibilities in the framework of the education system."

2. in section 35 is inserted after paragraph 3e 3f the following paragraph:



(3f) § 5 (1) this Federal Act in the version of Federal Law Gazette I 20/2006 enters no. with force, September 1, 2006.

Article 6

Change of the student aid Act 1983

The student aid Act 1983, BGBl. No. 455, as last amended by Federal Law Gazette I no. 71/2003, is amended as follows:

1 § 1a No. 2 is as follows:



"2.

Citizens of parties to the Convention for the creation of the European economic area (EEA) and by Contracting Parties of the Treaty establishing the European Community and third-country nationals, as far as it is clear from this Convention,"2. The following Article 24a and heading shall be inserted after article 24:



"Implementation note



§ 24a. The following EC-directives implemented by § 1a No. 2:



1. Directive 2003/109/EC concerning the status of long-term resident third-country nationals, OJ No. L 16 of the ruhrcongress, p. 44 and 2. Directive 2004/38/EC on the right of Union citizens and their family members, in the territory of the Member States free to move and to stop amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC , 90/364/EEC, 90/365/EEC and 93/96/EEC, OJ No. L 158 of 30.04.2004, S 77, as amended by the amending OJ No. L 229 of the 29.06.2004, p. 35."

The following paragraph 9 is added to § 3. 26:



"(9) § 1a No. 2 of the Federal Act in the version of Federal Law Gazette I 20/2006 enters no. with January 1, 2006 in force."

Article 7

Change of study support act of 1992

The study support Act 1992, BGBl. No. 305, as last amended by Federal Law Gazette I no. 11/2005 is amended as follows:

1 paragraph 4 section 1:



"(1) nationals of Contracting Parties to the agreement establishing the European economic area (EEA) and by Contracting Parties of the Treaty establishing the European Community and third-country nationals are equal, Austrian citizens as far as results from this agreement."

2. in section 4, paragraph 2, the phrase is omitted "foreigners and".

2A. the following paragraph 6 is added to article 50:



"(6) in the case of students of Bachelor's study the claim referred to in paragraph 1 Z 4 does not, go off when"



1 for an immediately subsequent master's degree student grant is involved and 2 out of the first two semesters of the master's degree required Stu serving success is assigned to pursuant to § 48 para 2."

3. the section 75 be added following paragraph 23, 24 and 25:



"(23) through § 4 para 1 to the Directive 2004/38/EC on the right of Union citizens and their family members, to move freely in the territory of the Member States and to stop amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC" , 90/365/EEC and 93/96/EEC, OJ No. L 158 of 30.04.2004, S 77, as amended by the amending OJ No. L 229 of the 29.06.2004, p. 35, and Directive 2003/109/EC concerning the status of long-term resident third-country nationals, OJ No. L 16 of 23.01.2004, S. 44, implemented.

(24) section 50 para 6 is for the first time for students to apply, that 2005/06 include a master's degree in the academic year.

(25) § 15 ABS. 3 is no. 2 not to apply if changed while maintaining the study of diploma program on the Bachelor."

4. According to article 78 paragraph 24 25 the following paragraph is added:



"(25) § 50 paragraph 6 and section 75 para. 24 and 25 of the Federal Act in the version of Federal Law Gazette I no. 20/2006 with the beginning of the academic year 2005/06 into force." Article 4, paragraph 1 and 2 of this Act in the version of Federal Law Gazette I 20/2006 enters no. with January 1, 2006 in force."

Article 8

Amendment of the federal inspection law

Changed the Federal Inspection Act, Federal Law Gazette No. 240/1962, in the version of Federal Law Gazette No. 70/1966 and BGBl. No. 321/1975, is as follows:

1. in article 2, § 11 para. 2 and § 16 par. 2 and 3 the phrases "Federal Ministry of education and art" are substituted by the phrase "Federal Minister".

2. in article 3, paragraph 1 subpara 1 lit. c, subpara 2 lit. b and Z 3, section 7, paragraph 2, and article 18, para. 3 are substituted the phrases "Federal Ministry of education and art" with the expression "Federal Minister".

3. in article 7, par. 2, article 10 par. 2, article 11 par. 4 and § 13 para 3 the phrases "Federal Ministry for education and art" are substituted by the phrase "competent Minister".

4. under section II, the following section IIa including heading (sections 20a to 20 d) is inserted each together with the heading:



"Section IIa

Federal Institute for educational research, innovation and development of education

Legal status of the Federal Institute



section 20a. (1) at the Federal Ministry for education, science and culture, a Federal Institute for educational research is as immediately subordinate departments to set up innovation and development of education (Federal Institute).

(2) if the Federal Institute in fulfilling its tasks (article 20 b) is not of the Covenant (para. 1), it is equipped for that purpose with legal personality and its organs in the name and on behalf of the Federal Institute (partial legal capacity) Act.

Tasks of the Federal Institute



Article 20 b. (1) the Federal Institute has in particular the following:



1. creation of scientific studies related to education and training, 2. implementation, monitoring and evaluation of educational actions and projects, 3. development of proposals for measures of school development as well as support for their testing and entry into the mainstream school system, 4 implementation of quality initiatives and networking to exploit synergies, 5. coordination, editorial and substantive participation of reports on current developments in education, 6 documentation and studies on trends in educational and vocational education (and other States), as well as collaborating on projects and reports , 7 collaboration with University and non-university research institutions for the purpose of professional focus.

(2) if the technical tasks for the Federal Administration, the federal institution pursuant to section 20a para 2 in his own name and on its own account and other authorities, as well as other legal and natural persons within the scope of task (para 1) can provide services. Services for local authorities and services which are located in the public interest, are to treat as a priority.

(3) this scientific work can be transmitted by the competent Federal Minister in the public interest the Federal Institute. There is no entitlement to remuneration for such work. The competent Minister can the Federal Institute also research contracts and contracts to other scientific investigations under application of sections 12 and 13 of the research organisation Act, Federal Law Gazette No. 341/1981, in conjunction with § 20 c para 1 subpara 2 grant.

Partial legal capacity of the Federal Institute



§ 20c. (1) legal personality is to the Federal Institute in this respect than it is entitled, on its own behalf



1 by free legal business assets and rights to acquire;

2. contracts for carrying out scientific work within its remit in order to complete any third party (including federal departments);

3. printing works, sound, image and other disk, replicas and other articles related to the activity of the Federal Institute directly linked to produce, for example, participation in companies and cooperatives or to move and distribute and to distribute sophisticated methods and their results;

4. Special events perform;

5. with the approval of the competent Federal Minister membership clubs, other entities and intergovernmental organizations, the purpose of which is equivalent to its tasks, to acquire;

6 the Government support programmes, to accept them so far in connection with the participation in international research programmes are available, as well as funding other legal entity;

7. of assets and rights which it has acquired from legal transactions according to Z 1 to 6 to make use to fulfil its purposes.

(2) within the framework of the partial legal capacity represented the Federal Institute by its Director. In the implementation of agreements in the framework of the partial legal capacity, the head may authorize other persons to conclude of the necessary for the performance of contract legal transactions called the Federal Institute and available funds in the context of the revenue from these contracts. For liabilities which arise in the context of the partial legal capacity, no liability meets the Federal.

(3) on labour relations in the context of the partial legal capacity, the private according to the type of activity applicable law shall apply. A service relationship with the Federal Government is not established.

(4) as far as the Federal Institute within the framework of its partial legal capacity is active, it has to observe the principles of a prudent businessman. It has annually submit a management proposal and a clearance of accounts to the competent Federal Minister in the of this determined form. The transaction, the accounting as well as the other assets, personnel, and inventory management in the context of paragraph 1 can get the federal institution itself or by a third party to get; also federal facilities can be responsible for a fee.


(5) the competent Federal Minister can hire accountants with assessing the part of legal management of the Federal Institute with regard to the obligations of a prudent businessman. The cost of this can be replaced by the Federal Institute.

(6) the Federal Institute as a part of legal institution is subject to the following provisions arranging his affairs of the supervision of the competent Federal Minister, as well as the control of the Court of Auditors. The supervisory authority extends to:



1. the observance of the laws and regulations, and 2. the fulfilment of the tasks incumbent upon the Federal Institute.

(7) the competent Minister shall be entitled to inform yourself about all matters of the Federal Institute. The federal institution is obliged to provide information on all matters of the Federal Institute of the competent Federal Minister, to submit business pieces and documents about the items designated by him, to make surveys arranged by him and to carry out checks on the spot.

(8) the competent Minister has to refuse to approve the decisions subject to his approval or rights of prohibition of within the framework of its right of supervision or to prohibit the implementation of measures envisaged, if the decision in question



1 stems of an incompetent institution 2. among non-respect of the rules of procedure is established, in compliance with which the organ to another decision could have come, or 3. contrary to applicable laws and regulations, is not feasible in particular also because of discrimination therefore carried out on the basis of sex, or 4 because of the financial impact or prevent 5th due to the organizational impact of the federal institution or individual areas in the performance of his duties.

(9) the Federal Institute shall in the case of paragraph 8 legally means the commandments with other substitute performance by the competent Federal Minister without delay to create the legal status corresponding to the legal opinion of the competent Federal Minister with the him.

(10) the acquisition of scientific work in accordance with paragraph 1 Z 2 is allowed only if the proper performance of the tasks of the Federal Institute is not prejudiced. A written contract is to be issued, which shall include in particular the reimbursement of costs. The agreement of beyond fees is permitted. The contracts are to be signed by the Director of the Federal Institute. If the agreed activity is expected to take longer than a year or the agreed overall remuneration of such contract exceeds EUR 100 000, requires the conclusion of the contract the prior approval of the competent Federal Minister. This approval is to decide within a month. No such decision of the competent Federal Minister is carried out within one month, the approval is considered granted. If it is likely to be same work in progress and the competent Federal Minister empowered the Director to conclude of such contracts generally eliminates the contract draft in individual cases.

(11) for the execution of work referred to in paragraph 1 and the cost er rates payable for the use of resources of the Federal Institute are in the sense of § 17 par. 5 of the federal budget law, BGBl. No. 213 / 1986, to use for the intended purpose for the use of staff, rooms, equipment and services of the Federal Institute within the framework of the Federal Administration.

(12) the Federal Institute can provide the premises used by him and real estate also natural and legal persons outside the Federal Government in accordance with the budgetary provisions of the Covenant, insofar as it this is not undermined in the performance of his duties. Such agreements require the approval of the competent Federal Minister. This can however transferred head the decision without reservation as to approval in accordance with the budgetary provisions. Paragraph 11 is to apply mutatis mutandis.

Establishment procedure of the Federal Institute



§ 20 d. (1) the competent Minister has without prejudice to article 5 of the Federal Ministry of law, BGBl. an agency order to issue No. 76/1986, the Federal Institute.

(2) the Agency regulation has in particular detailed provisions to contain:



"1. the organizational structure of the Federal Institute, 2. the more detailed regulation for the operation of the service, as well as for the use of the services of the Federal Institute, 3. the preparation of work programmes and activity reports, and 4. the cooperation of the federal institution with other federal departments."

5. According to article 21, the following article 21a is inserted:





§ 21a. As far as referenced in this Federal Act on other federal laws, they are in their currently valid version to apply."

6 the following paragraph 3 is added to § in 24:



"(3) the following provisions of this Federal Act in the version of Federal Law Gazette I no. 20/2006 apply as follows:"



1. § 2, § 3 para 1 subpara 1 lit. c, subpara 2 lit. b and Z 3, section 7 para 2, § 10 para 2, § 11 para. 2 and 4, § 13 para 3, § 16 par. 2 and 3, § 18 para 3, § 21a and article 25 at the end of the day of the announcement in the Federal Law Gazette into force, 2nd section IIa (sections 20a to 20 d) 1 September 2006 into force."

7. in article 25, the phrase is replaced "Art and education" by the phrase "Education, science and culture".

Article 9

Amendment of the Act on education documentation

The training documentation Act, Federal Law Gazette I no. 12/2002, in the version of Federal Law Gazette I is no. 169/2002, how is changed:

1 § 8 ABS. 1 by following paragraph 1, 1a and 1B replaced:



"(1) the Federal Minister for education, science and culture has on demand



1 educational institutions, lead the evidence referred to in article 3 for the purpose of conducting the registration of pupils or students, 2. the authorities of the Federal Government for the purpose of carrying out the tasks entrusted to them by law (planning, controlling and maintaining the legal supervisory duties), 3. the Federal Institute for educational research, innovation and development of education for the purpose of exercising this statutory tasks, 4. the organs of the Federal Government in Affairs of the Familienlastenausgleichs, as well as the courts of law maintenance proceedings and judicial proceedings over the granting of Advances on maintenance payments, 5. the authorities in matters of Schulerhalterschaft and 6 the main Association of Austrian social security institutions or the social security institutions in matters of health, accident and pension insurance one query permission by way of remote traffic on that in the overall evidence in accordance with § 5 processed data to open.

(1a) education participants specific identifying data via a from the overall evidence Nos. 1, 4 and 6 only to the extent the facilities referred to in paragraph 1 is allowed, as this is necessary to perform the statutory tasks. A such query, the query facility to enter the social security number of the person concerned, has automated that BEKZ (§ 5 para 2) is converted into that and then used to search in the overall evidence. The BEKZ may be accessed of the requesting institution. The affiliation of a given social security number with a certain BEKZ may not be recorded.

(1B) the in par. 1 Z 2, 3, and 5 listed facilities is in for the exercise of the statutory tasks required extent query permission on the data processed in the overall evidence in such a way to open that statistical analysis possible and a determination and storage of data about a particular education participant or an inference on details about specific education participants are not possible. "

2. in article 8, paragraph 2, the quote "Paragraph 1" is replaced by the quote "Paragraph 1, 1a and 1B".

3. in article 8, paragraph 4, the quote "ABS 1 Z 1, 2 and 4" is replaced by the quote "ABS 1 Z 1, 2, 3 and 5".



The following paragraph 3 is added to § 4. 12:



"(3) § 8 ABS. 1, 1a, 1B, 2 and 4 of the Federal Act in the version of Federal Law Gazette I no. 20/2006 September 1, 2006 into force."

Fischer

Bowl

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