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2. Education Laws Package 2005

Original Language Title: 2. Schulrechtspaket 2005

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20. Federal Law, with which the Education Organization Act, the School Law 1985, the School Pflichtgesetz 1985, the School Education Act, the Federal Law on Agriculture and Forest Law, the Student Assistance Act 1983, the Student Promotion Act 1992, the Federal School Supervision Act and the Education Documentation Act are amended (2. School rights package 2005)

The National Council has decided:

table of contents

Item

Subject matter

1

Amendment of the School Organisation Act

2

Amendment of the school-age law 1985

3

Amendment of the compulsory schooling law 1985

4

Amendment of the school teaching law

5

Amendment of the Federal Law on Agriculture and Forestry

6

Amendment of the Student Aid Act 1983

7

Amendment of the Study Promotion Act 1992

8

Amendment of the Federal Education and Training Act

9

Amendment of the Education Documentation Act

Article 1

Amendment of the School Organisation Act

The School Organization Act, BGBl. No 242/1962, as last amended by the Federal Law BGBl. I No 91/2005, is amended as follows:

1. § 6 para. 1 third sentence reads:

" The competent Federal Minister has to authorise the individual schools to enact in a setting framework curriculum provisions according to local requirements as well as in the framework of school cooperations under this federal law (school autonomous Curriculum provisions), where this is based on the educational task of the individual types of schools (school forms, subject areas), on their allowances, and on the maintenance of the possibilities of entry within the same school type (school form, Subject-specific direction) and the possibilities of transfer within the meaning of § 3 (1) is acceptable. "

2. In Section 8a (1), the word "and" at the end of the lit. e by a dash and the point at the end of the lit. f by the word "and" shall be replaced and the following is replaced. g is added:

" (g)

Where the minimum number of pupils with a lack of knowledge of the language of instruction is to be given language promotion courses. "

(3) The following paragraph 4 is added to § 9:

" (4) In language support courses (§ 14a), the primary school has the task of pupils, who according to § 4 paragraph 2 lit. a of the school teaching law, BGBl. No 472/1986, because of the lack of knowledge of the language of instruction as an extraordinary pupil, to provide the language skills which enable them to follow the teaching of the school level concerned. '

(4) The following paragraph 5 is added to § 10:

" (5) In the language support courses (§ 14a), the extent of eleven hours per week takes place in place of para. 1 and para. 2 lit. a "German for pupils with non-German mother tongue" ("German for pupils with non-German mother tongue"). "

5. (Policy determination) In accordance with § 14, the following § 14a and heading is inserted:

" Language Support Courses

§ 14a. In the school years 2006/07 and 2007/08, language support courses can be set up in the pre-school level as well as in the first four school levels, in any case from a number of pupils of eight pupils. Language support courses last not more than one year of education and can also be conducted in a school-or school-wide way. The authority responsible under the implementing law decides on the establishment of language support courses. For language support courses, the required teachers are to be ordered. "

6. § 36 together with headline reads:

" Forms of general-education higher schools

§ 36. The following forms of the generally forming higher schools-apart from the special forms (§ 37)-come into consideration:

1.

with upper and lower levels:

a)

Gymnasium-with special consideration of linguistic, humanistic and humanities educational content,

b)

The Realgymnasium-with special consideration of natural science and mathematical education content,

c)

the Realgymnasium (Realgymnasium), with special consideration of economic and life-friendly (including practice-related) education content;

2.

only with upper level: the Oberstufenrealgymnasium-with special consideration of linguistic, natural science and arts-creative educational content. "

7. § 37 (1) Z 4 reads:

" 4.

the Werkschulheim. "

8. § 37 (6) reads:

"(6) The Werkschulheim comprises a five-year upper secondary school, in which, in addition to the higher general education, a craft training is to be conveyed."

9. § 38 together with the title shall be deleted.

10. In § 39 (1), the text "In the syllabus (§ 6) of the forms of general-education higher schools mentioned in § 36 are to be provided as compulsory items: 1. in all forms:" through the turn "In the curricula (§ 6) of the forms of general education of higher schools referred to in § 36 are to be provided as compulsory items:" replaced.

11. In § 39 paragraph 1, the text after the turn "a living foreign language," replaced by the following text:

" Latin (in high school, in other forms as an alternative to another living foreign language), another living foreign language, history and social studies, history and political education, geography and economics, mathematics, biology and Environmental Science, Physics, Chemistry, Psychology and Philosophy, Information and Communication Technology, Music Education, Educational Education, Works (alternatively Technical Works or Textiles Works)-except at the Oberstufenrealgymnasium, movement and sport, as well as those for the various forms of general education Higher schools with regard to their specific educational content (§ 36) required subjects. In the curricula of all forms of the upper level are also included in the 6. to 8. To provide for category of compulsory items as an alternative compulsory subject in such an hourly extent that the total hourly amount of compulsory items in the upper level for all pupils shall be equal to the total number of compulsory items included in the compulsory items is. The elective subjects shall be used to supplement, extend or deepen the compulsory subject matter mentioned in the first sentence and the specific educational contents of the individual forms of the generally forming higher schools (§ 36). "

12. In § 39 (4), the parenthesis shall be deleted. " (par. 1 Z 3) " .

Section 39 (5) reads as follows:

" (5) The curriculum of the Werkschulheim has to be determined according to the curriculum of one of the forms mentioned in § 36, whereby in order to fulfil the tasks of the Werkschulheim within the meaning of § 37 paragraph 6 in a supplementary curriculum, the training in school in , the rules on the syllabus of the corresponding vocational training schools (Part B, Section II) shall apply in the appropriate way. "

14. In Section 40 (2), the quote shall be " BGBl. No. 139/1974 " by quoting " BGBl. No 472/1986 ' replaced.

15. In § 45 (2), at the end of the list, the point shall be replaced by an accudate and the list shall be added:

"Bundeswerkschulheim (Bundeswerkschulheim) (under the guidance of the artisanal specials)."

16. § 45 (3).

17. In § 119, the following paragraph (8b) is inserted:

" (8b) In the school years 2006/07 and 2007/08, language promotion courses can be held in practice volksschools. Language support courses last not more than one year of education and can also be conducted in a cross-school manner. For language support courses, the required teachers are to be ordered. § 9 (4) and § 10 (5) shall apply. "

18. (Policy provision concerning § 131 (18) (4) (4)) The following paragraph 18 is added to Section 131:

" (18) The following provisions of this Federal Act in the version of the Federal Law BGBl. I n ° 20/2006 shall enter into force as follows: except for power:

1.

Section 37 (1) (4) and (6), section 39 (5), section 40 (2) and section 45 (2) shall enter into force at the end of the day of the event in the Bundesgesetzblatt (Federal Law Gazans),

2.

§ 6 (1), § 8a (1) (e), (f) and (g), § 9 (4), § 10 (5), § 36 (including the title), § 39 (1) and (4) and § 119 (8b) shall enter into force on 1 September 2006,

3.

§ 38 together with the title, § 45 (3), § 131a and the title, § 131b with title, § 131c, title and § 131d are repeal with the end of the day of the customer's presentation in the Federal Law Gazans.

4.

(Policy determination) § 14a together with the title shall enter into force with respect to the countries at the end of the day of the manifestation in the Federal Law Gazprom; the laws of execution shall be adopted within one year and shall enter into force on 1 September 2006. "

§ 131a with title, § 131b with title, § 131c with headline as well as § 131d are deleted.

Article 2

Amendment of the school-age law 1985

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

1. In Section 2 (2a) and Section 13 (3), the twists shall be "Federal Minister for Education and Cultural Affairs" in each case by the turn "Federal Minister responsible" replaced.

2. § 2 para. 5 second sentence reads:

"In addition, in special cases of formal or other public life, the primary school authority may declare another day in a school-free form."

3. § 2 para. 7, first sentence reads:

" In the case of unuseability of the school building, in the event of a disaster and of other compelling reasons or reasons of public interest, the school authority of the first instance may not exceed three days or the competent Federal Minister of the Federal Republic of Germany explain the necessary time through the regulation without a debt. "

4. § 3 (1) first sentence reads:

" The total number of weeks determined by the curriculum must be divided as evenly as possible from the principal to the individual days of the week, with the pedagogical purpose being pedagogically appropriate in the curricula and taking into account the nature of the subject. Blockings and beyond should be provided on the basis of school-autonomous design possibilities. "

5. § 5 (1) reads:

" (1) For academies, for the Werkschulheim, for schools whose curriculum provides for internships (with the exception of holiday internships), for the middle and higher schools for professionals as well as for the federal vocational school for watchmakers in Karlstein in Lower Austria shall be subject to the provisions of Articles 2 to 4 by the Regulation of the competent Federal Minister, whereby the content of the said provisions may only be deviated in so far as it is in view of the specific requirements of the shall be appropriate and taking into account the age of the pupils is acceptable. "

6. In § 5 (2) and (3) and § 15 (2), the twists shall be "Federal Minister for Education and Cultural Affairs" in each case by the turn "competent federal ministers" replaced.

7. (Policy determination) In Section 8 (3), the turn-of-turn "for pupils of pre-school groups, moreover, those days when there is no teaching on the basis of compulsory school-organisation legislation" .

8. § 16 (2) reads:

"(2) At school events, school-related events and similar events where pupils are accommodated outside their habitual residence, this law shall not apply."

9. (Policy provision concerning § 16a (5) (3)) The following paragraph 5 is added to Article 16a:

" (5) The following provisions of this Federal Act in the version of the Federal Law BGBl. I n ° 20/2006 shall enter into force as follows:

1.

§ 2 (2a) and (7), § 5 (1), (2) and (3), § 13 (3), § 15 (2), § 16 (2), § 16c and § 17 shall enter into force on the day of the day of the event in the Federal Law Gazan.

2.

Section 2 (5) and § 3 (1) shall enter into force on 1 September 2006,

3.

(Policy determination) Section 8 (3) shall enter into force with respect to the Länder at the end of the day of the manifestation in the Federal Law Gazans; the implementing laws shall be adopted within one year and shall enter into force on 1 September 2006. "

10. According to § 16b the following § 16c is inserted:

" § 16c. Insofar as other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version. "

11. In § 17 the Wendung "Education and Cultural Affairs" through the turn "Education, science and culture" replaced.

Article 3

Amendment of the compulsory schooling law 1985

The Compulsory Education Act 1985, BGBl. N ° 76, as last amended by the Federal Law BGBl. I No 91/2005, is amended as follows:

1. § 5 (1) reads:

" (1) The general compulsory schooling is due to the attendance of general education compulsory schools as well as of middle or higher schools (including the agricultural and forestry specialist schools and the higher agricultural and forestry economic Teaching institutions). "

2. § 5 (3) and (4) shall be deleted.

3. In § 6 (3), the turn-of-the- "one month" through the turn "five months" replaced.

4. § 7 (1) reads:

" (1) Children who are not yet obliged to pay are to be included at the beginning of the school year at the beginning of the school year on the request of their parents or other legal guardians if they are sixth in the sixth year of the school year following the following calendar year They are full of school and have the social competence necessary for their schooling. "

5. § 7 (4), first sentence reads:

" The head of the school has to determine whether the child has the school entrance qualification in accordance with § 6 para. 2b and whether it has the social competence required for the school attendance to demand the personal presentation of the child and a school medical certificate. To obtain expert opinions. "

6. § 7 (8), first sentence reads:

"If, after entering the first school stage, it turns out that the school entrance qualification (§ 6 para. 2b) or the social competence required for the school attendance is not given, then the early admission by the principal is to be revoked."

7. § 15 together with the headline is:

" Liberation of school-dependent children from school attendance

§ 15. (1) If medical reasons are contrary to the attendance of the school, or if this would result in an unreasonable burden on the pupil, the student must be freed from attending the school for the unavoidable period of time.

(2) In the case of a period of exemption in accordance with para. 1 which is expected to exceed the duration of a semester, the District School Board shall advise the parents or other legal guardians of the child on the funding opportunities outside the School.

(3) § 8 shall apply mutatily to the procedure. In accordance with § 15 in the version before the Novelle BGBl. I n ° 20/2006, exemption from the general obligation to compulsory schooling was granted for the duration of the exemption from the general obligation to compulsory schooling as a waiver within the meaning of the first paragraph. "

(8) The following paragraph 10 is added to § 30:

" (10) The following provisions of this Federal Law in the version of the Federal Law BGBl. I n ° 20/2006 shall enter into force as follows: except for power:

1.

Section 6 (3) and Section 7 (4) shall enter into force on the expiry of the day of the customer's presentation in the Federal Law Gazans,

2.

§ 5 (1), § 7 (1) and (8) and § 15, together with the title, enter into force on 1 September 2006,

3.

Section 5 (3) and (4) shall expire at the end of 31 August 2006. "

Article 4

Amendment of the school teaching law

The school teaching law, BGBl. No 472/1986, as last amended by the Federal Law BGBl. I No 91/2005, is amended as follows:

1. § 3 para. 1 lit. c is:

" (c)

is suitable for the type of school in question, in which case an expert opinion from the school doctor or the official doctor is to be found in the case of doubt. "

2. § 5 (1) reads:

" (1) For inclusion in the 1. The level of the various types of schools (excluding the general and special schools as well as the vocational school) has to be laid down by the competent Federal Minister by means of a regulation on the more detailed provisions concerning the host procedure. In order to be included in schools which do not have a school-leaving rule, the Regulation provides for the establishment of criteria for the establishment of all host applicants in the same way, in any case with respect to previous achievements, the proximity of the place of residence, and the A visit to the school by siblings is to be taken care of. The Regulation also authorizing the school community committee to determine, with a view to the task of the type of school concerned (form, direction of speciation), more detailed rules on the category of schooling in schools for which there is no school-leaving rule, whereas, with regard to the suitability of host applicants, consideration should also be given to compulsory school-autonomous profiling and, if need be, existing school cooperations (school-autonomous riding criteria). The time-limits for the application must be laid down in such a way that the reception procedure is terminated at the beginning of the main holidays, provided that there are no compelling reasons (e.g. the deposition of tests). "

3. § 5 (3), (4) and (5) are deleted.

4. § 6 together with headline reads:

" Eligibility for the deposition of the host and aptitude tests

§ 6. (1) The prerequisite for admission to the admission and aptitude tests is the fulfilment of all other host conditions for the type of school in question, with the exception of the completion of the school level, the successful completion of which is completed. Prerequisite for admission to the desired school type.

(2) A host or aptitude test taken for a given school type may not be repeated for the same school year. "

5. In § 10 (1) the words shall be: "Three Weeks" by the words "Two Days" replaced.

6. § 11 (1) reads:

" (1) To the extent that alternative compulsory items are provided, the pupils shall choose between them. The choice must be made on the occasion of admission to the school or within a time limit of at least three days and at least one week from the principal at the beginning of the second semester of the preceding school level. If no choice is made within these time limits, the principal shall, after hearing the pupil, assign one of the alternative compulsory items to the pupil. The choice or the assignment is valid for all school levels in which the subject matter is subject to the curriculum. At the Polytechnic School, the time limit for the choice of alternative compulsory items must be set within the first ten weeks of the year of education, and an orientation phase of at least eight weeks may be pre-stored in the election. "

7. In Section 11 (3a), the turn-of-the- 'that the period laid down in paragraph 1 of this Article shall be laid down for the election of the compulsory elective subjects at the beginning of the second semester of the preceding school level and' .

8. In § 11, the following paragraph 6 (6a) is inserted:

" (6a) At the request of the pupil, the principal shall free a pupil from the participation in individual subject matter and compulsory exercises if the pupil has a certificate of public or public law. a school or a post-secondary educational institution or an external audit certificate that it has already acquired the educational objective of the course in question at a higher value. "

9. § 12 (1) last sentence reads:

" The application has to be registered (except in the case of vocational schools) on the occasion of admission to the school or within a period of at least three days and at least one week from the principal at the beginning of the second semester of the previous school level. , and shall apply only to the next following year of teaching; after that period, a notification shall be admissible if it does not result in the division of the course of the course. "

10. § 12 (2) and (3) deleted.

11. In § 12 (5), the turn "are paragraphs 2 to 4" through the turn "is paragraph 4" replaced.

12. In § 19 (3a) the turn is deleted in the last sentence " and at vocational schools in the course of teaching at the place of 1. or of the 2nd semester the 1. or the second half of the course " .

13. In § 20 (6), first sentence, the word "In" by the words "In the period from Wednesday to Friday" replaced.

14. In § 20 (9) the word "Teaching-wise" through the turn "Course and seasonal" replaced.

The first sentence of Article 22 (8) reads as follows:

"At the time of the successful completion of the last school level of a school type or-in the case of overjumping at a" seam " according to § 26a-the penultimate school level of a school type is, in addition to the annual certificate or in connection with this one To issue a certificate of completion if a certificate of the final examination is not to be issued in accordance with Section 39 (1).

16. § 23 (1) is replaced by the following paragraphs 1 to 1c:

" (1) A pupil may, with the exception of primary school and special schools with a class teacher system, take a repeat examination in a compulsory subject or in two compulsory subject matter if the annual certificate

1.

the pupil has been assessed "not enough" in compulsory subjects without performance groups, or

2.

the student was ranked in the lowest performance group and was assessed with "not enough", or

3.

the pupil in the last stage of a school type was classified in a higher performance group and was judged "not sufficiently";

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

(1a) The repeat exams shall take place between Thursday of the last week of the school year and Tuesday of the first week of the following school year, unless the following paragraph is arranged.

(1b) At year-round vocational schools, the repeat exams may also be taken between Wednesday and Friday of the first week of the school year. At least two weeks after the completion of the course and at the latest at the beginning of the following year, at least two weeks after completion of the course and at the beginning of the following year, at least two weeks after completion of the course, the Pupils are to be taken into consideration in the course of the study.

(1c) The days at which the repeat examinations are to be carried out shall be determined by the school forum (§ 63a) or by the school forum (§ 63a). the School Community Committee (§ 64) or, if a valid decision is not reached, by the head of the school. It should be borne in mind that the holding of the repeat examinations does not result in any teaching case and the beginning of the teaching schedule (§ 10 para. 1) is not delayed.

(1d) A student who, in accordance with § 25 (1), last sentence, and para. 2, is entitled to ascend to the next higher school level, despite the note "Not enough", shall exercise the right to ascend without regard to for the evaluation of his performance during the repeat examination. A repeat examination shall not be admissible if the note is based on the result of a supplementary examination (§ 20 (3)). "

17. In § 25, the following subsection 5c is inserted:

" (5c) Students who have attended a language course are entitled to attend the next level of schooling in the next following school year, if this offers a better development opportunity for the pupil as a whole; this has the effect of To decide on the class conference pursuant to § 20 (6). "

18. In accordance with § 26, the following § 26a and title shall be inserted:

"Skip at the" seam points "

§ 26a. (1) In the case of admission to a higher level of a school type than the age of the host applicant, § 3 para. 6 lit. b on request of the student then not application if

1.

in the case of an immediately preceding school visit to Austria, the relevant school level under the appropriate application of section 22 (2) (lit). g has been completed with excellent success,

2.

the class conference determines that, due to its special achievements and talents, the pupil will most likely meet the requirements of the school and school level sought, and

3.

is not to be feared in the physical and mental sense.

In case of doubt, the student must be subject to an assessment test and, if need be, to a school psychological and/or a school-medical examination.

(2) If the successful completion of the 4. Level of elementary school or 4. Class of primary school (or of the 8. School level) A prerequisite for admission to the 1. Level of primary school, middle or higher school, is this requirement on request of the student also by the successful completion of the 3. Level of elementary school or 3. Class of primary school (or of the 7. school level), if:

1.

This school level is used in accordance with § 22 para. 2 lit. g has been completed with excellent success,

2.

the class conference determines that, due to its special achievements and talents, the pupil will most likely meet the requirements of the school and school level sought, and

3.

is not to be feared in the physical and mental sense.

In case of doubt, the student must be subject to an assessment test and, if need be, to a school psychological and/or a school-medical examination.

(3) Decisions on request under the first and second paragraphs shall be communicated to the students without delay, stating the reasons and, if the request has not been fully accepted, the right to appeal. "

19. The title of the 7. Section is:

" 7. Section

Minimum and maximum duration as well as termination of the school visit "

20. § 32 shall be preceded by the following § 31e together with the heading:

" Minimum duration of school attendance

§ 31e. (1) Unless otherwise stated in the following paragraphs, the minimum duration of the school attendance is to correspond to the number of school levels provided for in the school organization, unless an end of the school visit (§ 33) or a crossing (§ 29) is to be considered.

(2) The primary school, the primary school, the lower level of the general education higher school and the upper level of the general education higher school must each be visited at least three school years each.

(3) The three-and four-year vocational middle schools, the vocational higher schools and the higher schools of teacher and teacher education are to attend at least as many school years as the number of school levels is reduced by one .

(4) Paragraph 2 and 3 shall not apply to special forms of the above-mentioned types of schools, which are divided into six semesters. "

Section 36a (2) second and third sentence reads as follows:

"If a non-compulsory preliminary examination was not assessed or assessed with" not enough ", or is the examination candidate at the latest at the beginning of the Christmas holidays of the school year of the last school year from the non-compulsory preliminary examination , in order to guarantee the equivalence of the examination form (section 34 (4)), a corresponding change in the chosen form of examination should be provided. In the case of non-evaluation or assessment with "not enough", the candidate for the examination is the main examination at the main date for the examination of the examination and those oral examinations which are not due to the change of the examination form. , in addition to the partial exams affected by the change in the form of examination, the candidate for examination shall be entitled to submit his application for a later date (Article 36 (2) (2) (2)). "

22. § 38 (4) reads:

" (4) The assessment of the performance at the annual test shall be carried out with the appropriate application of paragraphs 1 and 2, whereby by way of derogation from § 35 the teacher of the relevant subject matter in the relevant class (auditor of the annual examination) shall have the right to vote. , and positive assessments of partial examinations of an examination area, which corresponds to the subject matter of the annual examination, must be included in the determination of the evaluation of the annual audit. In the case of a positive assessment of the annual assessment, the annual assessment to be redefined for the relevant subject-matter shall be determined with the inclusion of the annual performance of "unsatisfactory" or "sufficient" annual performance. "

23. § 57 together with the title is:

" Teachers ' Conferences

§ 57. (1) Teachers ' conferences are to fulfil the tasks assigned to them by the legislation and to advise common questions, in particular the work of planning, teaching, education and training, evaluation or vocational training. To carry out the training of teachers. In any case, the teachers 'conferences give advice on those matters, the treatment of which is required by one third of the teachers eligible for participation in the teachers' conferences.

(2) Depending on the task of the teachers ' conference, these are composed of the teachers of the school (school conference), a class (class conference), a teaching subject or in some other way. Other persons can also be consulted on the deliberations of the teachers ' conference.

(3) The head of the school or a teacher appointed by him shall be chaired by the teachers ' conferences. The chairperson is responsible for convening the teachers ' conference. In any case, a teacher's conference is to be convened if this requires one third of the teachers eligible for the participation.

(4) The decision of a teachers ' conference requires the presence of at least two-thirds of its members and the unconditional majority of the votes cast. The chairman and each member shall have one vote. In the event of a tie, the Chairperson shall vote. Voice transmissions are invalid. Abstention is not only in the presence of § 7 AVG, BGBl. No 51/1991, are inadmissible for reasons of convenience. In class conferences according to § 20 (6), § 21 (4) and § 25 (2) lit. (c) the right to vote only applies to those members who have taught the pupil at least four weeks in the school year in question. A written record is to be held on the course of a teacher's conference.

(5) In matters which fall within the competence of teachers ' conferences and where the pupils and legal guardians are entitled to a right of co-decision, this right shall be exercised by the representatives of the pupils and/or Legal guardians of the school community committee (§ 64) or to exercise the class parental representatives of the class in question by taking part in the deliberations and votes in the teachers ' conferences. At the request of the school spokesperson, the class spokesperson of the class of the student concerned may also participate in the deliberations in the affairs of § 58 para. 2 Z 2. The invitation of the representatives of the pupils and the legal guardians to a teachers ' conference must be made in good time before the scheduled date and demonstrably. "

24. In Section 63a (2), the entry rate is:

" In addition to the decision-making powers transferred under other legal provisions, the class forum is responsible for decision-making in the following matters, insofar as they concern only one class, and the school forum for decision-making. in any case, in the affairs of Z 1 lit. c, e, h, i and n, and in the following matters, insofar as they affect more than one class: "

25. In § 63a paragraph 2 Z 1 lit. h eliminating the turn "lit. b" .

26. In § 63a (2) (1) (1), the reticle shall be referred to as lit. m replaced by a dash and the following lit. N:

" n)

Cooperation with schools or extracurricular institutions; "

27. § 63a (11) third sentence reads:

" A transfer of the vote to another person is inadmissible and ineffective, subject to a point of order (paragraph 1). 16) do not specify otherwise. "

28. In Section 63a (12), the turn shall be " 2 Z 1 lit. h to j and m " through the turn " 2 Z 1 lit. c, h to j, m and n " replaced.

29. In § 64 (2) the entry rate is:

"In addition to the decision-making powers conferred on the basis of other legislative provisions, the school community committee is responsible for:"

30. In § 64 paragraph 2 Z 1 lit. j eliminating the turn "lit. b" .

31. In § 64 (2) (1) (1), the reticle shall be referred to lit. (n) replaced by a dash and the following lit. o appended:

" o)

Cooperation with schools or extracurricular institutions; "

32. § 64 (6) reads:

" (6) The representatives of the legal guardians shall be the guardians of the pupils of the school in question, with full-year pupils from their parents, provided that they are at the time of the termination of their children's minority. have been entitled to choose from their circle within the first three months, in the course of the first three weeks of each course, in the course of the first three weeks of each school year, for the period up to the next election. At the same time as the election of the representatives of the legal guardians, three substitutes shall be elected. If the school is a parent association within the meaning of § 63, however, the representatives of the legal guardians are to be sent from the school; for this purpose, only guardians of children who visit the school in question must be entitled to receive the parents ' association. in the case of full-year pupils of the school concerned, their parents, if they were entitled to education at the time of the termination of their children's age, shall be sent. '

33. In § 64 (11), the turn " 2 Z 1 lit. j to m " through the turn " 2 Z 1 lit. d, j to m and o " replaced.

34. In accordance with § 65, the following § 65a with headline is inserted:

" School co-operations

§ 65a. (1) For the purpose of qualification for working life and the facilitation of transcends, the school-autonomous curriculum regulations and other school-autonomous measures may cooperate with other schools or non-school institutions. shall be received.

(2) Cooperations with other schools or non-school institutions must comply with the existing legal situation and should be brought to the attention of the school authority of the first instance. The School Authority of the first instance is authorized to terminate cooperation agreements with effect for third parties even if they are contrary to the legal situation. "

35. § 71 (2) is lit. g is added:

" (g)

that the request has not been fully accepted in accordance with Article 26a, "

36. In § 71 (8), the turn-of-the- "and lit. e" through the turn ", lit. e and lit. g " replaced.

37. In § 82, the following paragraph 5k is inserted after paragraph 5j:

" (5k) The following provisions of this Federal Act in the version of the Federal Law BGBl. I n ° 20/2006 shall enter into force as follows: except for power:

1.

§ 5 (1), § 6 including the title, § 11 (1) and (3a), § 12 (1), § 20 (9), § 38 (4), § 63a (2) (1) (h), (11) and § 64 (2) (2) (1) (lit). j enter 1. Jänner 2006 in Kraft,

2.

§ 20 (6) and 23 (1), 1a, 1b, 1c and 1d shall enter into force on 1 June 2006,

3.

§ 3 para. 1 lit. c, § 10 para. 1, § 11 paragraph 6a, § 12 para. 5, § 19 para. 3a, § 22 para. 8, § 25 para. 5c, § 26a with headline, the headline of the 7. Section, § 31e including title, section 36a (2), § 57 with title, § 63a (2), first sentence, para. 2, Z 1 lit. m and n, para. 12, § 64 para. 2 first sentence, para. 2 Z 1 lit. n and o, para. 6 and 11, § 65a together with the title, § 71 para. 2 lit. g and § 71 (8) shall enter into force on 1 September 2006,

4.

Section 5 (3), (4) and (5) shall expire at the end of 31 December 2005,

5.

Section 12 (2) and (3) shall expire at the end of 31 August 2006. "

Article 5

Amendment of the Federal Law on Agriculture and Forestry

Federal Law on Agriculture and Forest Law, BGBl. No. 175/1966, as last amended by the Federal Act BGBl. I No 91/2005, is amended as follows:

1. § 5 (1) second sentence reads:

" It has the power to empower the individual schools to enact, in a set frame, curriculum provisions according to local requirements, as well as in the framework of school cooperation under this federal law (school-autonomous curriculum regulations), in so far as this is justifiable on the basis of the educational task of the respective higher agricultural and forestry teaching institution, on the authorities ' allowances and on the maintenance of the possibilities of transfer within the framework of the school system. "

2. In § 35, the following paragraph (3f) is inserted after paragraph (3e):

" (3f) § 5 (1) of this Federal Act in the version of the Federal Law BGBl. I n ° 20/2006 will enter into force on 1 September 2006. '

Article 6

Amendment of the Student Aid Act 1983

The Student Assistance Act 1983, BGBl. No 455, as last amended by the Federal Law BGBl. I No 71/2003, shall be amended as follows:

1. § 1a Z 2 reads:

" 2.

Citizens of the Contracting Parties to the Agreement establishing the European Economic Area (EEA) and to the Contracting Parties to the Treaty establishing the European Community and to third-country nationals, as far as they are concerned, the Convention, "

2. According to § 24, the following § 24a and heading is inserted:

" Implementation Notice

§ 24a. § 1a Z 2 provides for the implementation of the following EC directives:

1.

Directive 2003 /109/EC on the legal status of third-country nationals who are long-term residents, OJ L 327, 31.12.2003, p. No. OJ L 16, 23.01.2004, p.

2.

Directive 2004 /38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, 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 L 206, 22.7.1992, p. No. OJ L 158 of 30.04.2004, p. 77, as amended by the corrigendum OJ L 158, 30.4.2004, p No. OJ L 229, 29.06.2004, p. 35.

(3) The following paragraph 9 is added to § 26:

" (9) § 1a Z 2 of this Federal Act in the version of the Federal Law BGBl. I n ° 20/2006 shall enter into force 1. Jänner 2006 in force. "

Article 7

Amendment of the Study Promotion Act 1992

The Study Promotion Act 1992, BGBl. No. 305, as last amended by the Federal Law BGBl. I n ° 11/2005, shall be amended as follows:

1. § 4 (1) reads:

" (1) State citizens of Contracting Parties to the Convention establishing the European Economic Area (EEA) and to the Contracting Parties to the Treaty establishing the European Community and to third-country nationals are Austrian Citizens shall be treated as such as provided for by these Conventions. "

2. In Section 4 (2), the word sequence shall be deleted "Foreigners and" .

2a. The following paragraph 6 is added to § 50:

" (6) In the case of students of a Bakkalaureatsstudium, the claim in accordance with paragraph 1 Z 4 shall not be issued if:

1.

for an immediately subsequent master's degree, study aid is obtained and

2.

from the first two semesters of the Magister's study of the Studi's success required in accordance with § 48 (2). "

(3) The following paragraphs 23, 24 and 25 are added to § 75:

" (23) By Article 4 (1), Directive 2004 /38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States is amended by Regulation (EEC) No 1612/68 and Repeal of 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 L 206, 22.7.1990, p. No. OJ L 158 of 30.04.2004, p. 77, as amended by the corrigendum OJ L 158, 30.4.2004, p No. 35, and Directive 2003 /109/EC on the legal status of third-country nationals who are long-term residents, OJ L 229, 29.9.2003, p. No. OJ L 16 of 23.01.2004, p. 44.

(24) § 50 (6) is to be applied for the first time to students who take up a Master's degree in the academic year 2005/06.

(25) § 15 para. 3 Z 2 shall not apply if, while maintaining the study direction, the diploma course has changed to the Bakkalaureatsstudium. "

4. In accordance with Section 78 (24), the following paragraph 25 is added:

" (25) Section 50 (6) and Section 75 (24) and (25) of this Federal Law in the version of the Federal Law BGBl. I n ° 20/2006 will enter into force at the beginning of the 2005/06 academic year. § 4 (1) and (2) of this Federal Act, as amended by the Federal Law BGBl. I n ° 20/2006 shall enter into force 1. Jänner 2006 in force. "

Article 8

Amendment of the Federal Education and Training Act

The Federal School Supervision Act, BGBl. No 240/1962, as amended by Federal Law Gazette (BGBl). No. 70/1966 and BGBl. No 321/1975, shall be amended as follows:

1. In § 2, § 11 (2) and § 16 (2) and (3), the twists and turns shall be "Federal Minister for Education and the Arts" in each case by the turn "competent federal ministers" replaced.

2. In § 3 paragraph 1 Z 1 lit. c, Z 2 lit. b and Z 3, § 7 para. 2 and § 18 para. 3, the twists "Federal Minister for Education and the Arts" in each case by the turn "Federal Minister responsible" replaced.

3. In § 7 (2), § 10 (2), § 11 (4) and § 13 (3), the twists are to be "Federal Minister for Education and the Arts" in each case by the turn "competent federal ministers" replaced.

4. In accordance with Section II, the following section IIa, together with the heading (sections 20a to 20d, together with the heading), is inserted:

" Section IIa

Federal Institute for Education Research, Innovation and Development of Education

Legal status of the Federal Institute

§ 20a. (1) At the Federal Ministry of Education, Science and Culture, a Federal Institute for Education Research, Innovation and Development of Education (Federal Institute) is to be set up as a directly subordinate service.

(2) Insofar as the Federal Institute does not comply with its tasks (§ 20b), the Federal Institute for the Federal Republic of Germany ( 1), it is equipped with its own legal personality and its bodies act on behalf of and on behalf of the Federal Institute (partial legal capacity).

Tasks of the Federal Institute

§ 20b. (1) The Federal Institute shall in particular have the following tasks:

1.

Preparation of scientific studies on education and training,

2.

Implementation, monitoring and evaluation of educational policy measures and projects,

3.

development of proposals for school development measures, as well as support in their testing and transfer to mainstream education,

4.

Implementation of quality initiatives and networking to exploit synergies,

5.

Coordination, editorial and content-related co-organisation of reports on current developments in education,

6.

Documentation and studies on development trends in education and training (including other countries), as well as cooperation on projects and reports,

7.

Cooperation with relevant university and non-university research institutions for the purpose of specialist focus.

(2) Insofar as it allows the performance of the technical tasks for the Federal Administration, the Federal Institute may, in accordance with Section 20a (2) in its own name and on its own account, also other territorial authorities as well as other legal and natural Persons within the scope of his/her duties (para. 1) provide services. Priority should be given to services for local authorities and services in the public interest.

(3) Scientific work in the public interest may be entrusted to the Federal Institute by the competent Federal Minister. There is no entitlement to pay for such work. The Federal Minister responsible may also carry out research contracts and orders for the conduct of other scientific investigations under the application of § § 12 and 13 of the Research Organization Act, BGBl. No 341/1981, in conjunction with Section 20c (1) (2).

Partial legal capacity of the Federal Institute

§ 20c. (1) The Federal Institute shall have legal personality to the extent that it is entitled to do so in its own name

1.

acquire property and rights through free legal transactions;

2.

to conclude contracts for the implementation of scientific work in its remit on behalf of third parties (including federal services);

3.

Printing works, sound, image and other data carriers, replicas and other articles which are directly related to the activities of the Federal Institute, for example, by participation in companies and cooperatives, or To distribute and distribute methods and their results developed by him;

4.

to carry out specialist events;

5.

to acquire, with the approval of the competent Federal Minister, the membership of clubs, other legal entities and intergovernmental organizations whose purpose is in accordance with its tasks;

6.

to receive funding from the Federal Government, insofar as they are related to participation in international research programmes, and to receive funding from other legal entities;

7.

to make use of assets and rights acquired from legal transactions in accordance with Z 1 to 6 for the purpose of carrying out its purposes.

(2) Within the scope of the partial legal capacity, the Federal Institute shall be represented by its director. When carrying out contracts within the framework of the partial legal capacity, the manager may also provide other persons at the conclusion of the legal transactions required for the performance of the contract by the name of the Federal Institute and at the disposal of funds within the scope of the contract. of the revenue arising from these contracts. The Federal Government does not accept any liability for liabilities arising within the scope of the partial legal capacity.

(3) In the case of work relationships within the scope of the partial legal capacity, the law applicable to private law in accordance with the nature of the activity shall apply. A service relationship with the federal government is not justified.

(4) As far as the Federal Institute is active in the context of its partial legal capacity, it has to observe the principles of a prudent businessman. It shall submit annually to the competent Federal Minister, in the form to be determined, a building proposal and a closure of the accounts. The business administration, the accounting as well as the other asset management, personnel and inventory management within the scope of paragraph 1 can be provided by the Federal Institute itself or can be obtained by third parties; charges may also be provided by the Federal Government for payment. in order to do so.

(5) The competent Federal Minister of Economics may commission economic agents with the examination of the partial legal building of the Federal Institute with regard to the performance of the obligations of a prudent businessman. The costs for this are to be replaced by the Federal Institute.

(6) The Federal Institute shall be subject to the supervision of the competent Federal Minister as well as the control of the Court of Auditors in accordance with the following provisions in the light of the following provisions. The supervision shall cover:

1.

compliance with the laws and regulations, and

2.

the performance of the tasks assigned to the Federal Institute.

(7) The relevant Federal Minister is entitled to inform himself about all matters of the Federal Institute. The Federal Institute is obliged to provide the relevant Federal Minister with information on all matters relating to the Federal Institute, to submit business pieces and documents relating to the objects he has designated, to carry out surveys ordered by him. and carry out verifications on the spot.

(8) The competent Federal Minister, within the framework of his supervisory law, shall refuse authorisation to take decisions subject to his or her approval reservation or under-law, or shall take the necessary measures to ensure that the measures are taken into account. , if the decision in question is

1.

comes from an uncompetent organ, or

2.

has been brought about by the withdrawal of procedural rules which the institution could have decided to comply with in respect of another decision, or

3.

is in conflict with applicable laws and regulations, in particular as a result of discrimination on grounds of sex, or

4.

because of the financial impact, is not feasible, or

5.

Because of the organisational impact the Federal Institute or individual areas prevent the performance of its duties.

(9) In the case referred to in paragraph 8, the Federal Institute shall be obliged to state the legal status corresponding to the legal opinion of the competent Federal Minister with the funds legally available to him in the event of other replacement by the competent authority. Federal Minister without delay.

(10) The assumption of scientific work in accordance with paragraph 1 Z 2 is only permissible if this does not affect the proper performance of the tasks of the Federal Institute. A written contract shall be completed, which shall include, in particular, the replacement of the costs. The agreement of an additional fee shall be permitted. The contracts are to be undersigned by the head of the Federal Institute. If the activity to be agreed is expected to last for more than one year or if the total fee to be agreed exceeds EUR 100 000, the conclusion of the contract must be concluded prior to the approval of the competent authority. Federal Minister. The granting of this authorisation shall be decided within one month. If no decision is taken by the competent Federal Minister in this respect within one month, the approval shall be deemed to be granted. If the work is likely to be the same and the competent Federal Minister authorizes the head to conclude such contracts in general, the presentation of the draft contract in individual cases is no longer necessary.

(11) The costs for the execution of works pursuant to paragraph 1 as well as the expenses to be paid for the use of the resources of the Federal Institute are within the meaning of Section 17 (5) of the Federal Budget Act, BGBl. No. 213/1986, earmarked for the use of personnel, rooms, equipment and services of the Federal Institute within the framework of the Federal Administration.

(12) The Federal Institute may also make available the premises and properties used by the Federal Institute for natural and legal persons outside the Federal Government, in accordance with the relevant provisions of the Federal Government's relevant budgetary provisions, to the extent that: it will not be affected in the performance of its duties. Such agreements, however, require the approval of the competent Federal Minister. However, within the framework of the budgetary provisions, the director may transfer the right to a decision without reservation of approval. Paragraph 11 shall apply mutatily.

Organization of the Federal Institute of Technology

§ 20d. (1) The relevant Federal Minister has, without prejudice to § 5 of the Federal Ministries Act, Federal Law Gazette (BGBl). No 76/1986, for the Federal Institute to adopt a federal order.

(2) The Rules of the Anstalts shall contain in particular more detailed provisions on:

1.

the organizational structure of the Federal Institute,

2.

the more detailed regulations for the service and the use of the services of the Federal Institute,

3.

the drawing up of work programmes and activity reports; and

4.

the cooperation of the Federal Institute with other federal services. "

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

" § 21a. Insofar as other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version. "

6. The following paragraph 3 is added to § 24:

" (3) The following provisions of this Federal Act in the version of the Federal Law BGBl. I n ° 20/2006 shall enter into force as follows:

1.

§ 2, § 3 paragraph 1 Z 1 lit. c, Z 2 lit. b and Z 3, § 7 para. 2, § 10 para. 2, § 11 para. 2 and 4, § 13 para. 3, § 16 para. 2 and 3, § 18 para. 3, § 21a as well as § 25 enter into force with the end of the day of the proclamation in the Federal Law Gazans,

2.

Section IIa (§ § 20a to 20d) shall enter into force on 1 September 2006. "

7. In § 25 the Wendung "Education and Art" through the turn "Education, science and culture" replaced.

Article 9

Amendment of the Education Documentation Act

The Education Documentary Act, BGBl. I n ° 12/2002, in the version of the Federal Law BGBl. I n ° 169/2002, is amended as follows:

1. § 8 (1) is replaced by the following paragraphs 1, 1a and 1b:

" (1) The Federal Minister for Education, Science and Culture has at its request

1.

the educational institutions which carry out evidence in accordance with § 3 for the purpose of carrying out the application of the student's registration, or students,

2.

the federal school authorities for the purpose of carrying out the tasks assigned to them by law (planning, control and maintenance of statutory supervisory duties),

3.

the Federal Institute for Education Research, Innovation and Development of Education for the purpose of carrying out the tasks assigned to it by law,

4.

the Federal Institutions on matters relating to the compensation of family costs and the courts in judicial subsisting procedures and judicial proceedings on the granting of maintenance payments;

5.

the local authorities in matters of their school-holding and

6.

the main association of the Austrian social insurance institutions, Social security institutions in matters of sickness, accident and pension insurance

open a query authorization by long-distance traffic to the data processed in accordance with § 5 of this Directive.

(1a) The identification of data relating to a particular image participant from the overall trends shall be permitted to the bodies referred to in paragraphs 1, Z 1, 4 and 6 only to the extent necessary for the performance of the tasks assigned to the law. In the case of such a query, the requesting institution has to enter the social security number of the person concerned, which is automatically converted into the BEKZ (§ 5 para. 2) and is then used for the search in the overall tendencies. The BEKZ must not be made accessible to the requesting institution. Do not record the related nature of a particular social security number with a particular BEKZ.

(1b) The entities referred to in paragraph 1 (1), (2), (3) and (5) shall, in the extent necessary for the exercise of the tasks assigned to the law, open up a query entitlement to the data processed in the total, in such a way as to ensure that: statistical evaluations and the identification and storage of data on a particular picture participant or a conclusion of information about certain participants in the picture is not possible. "

2. In Section 8 (2), the quote shall be " 1 " through the citation " 1, 1a and 1b " replaced.

3. In Section 8, Section 4, the quote shall be: " 1 Z 1, 2 and 4 " by quoting " 1 Z 1, 2, 3 and 5 " replaced.

(4) The following paragraph 3 is added to § 12:

" (3) § 8 para. 1, 1a, 1b, 2 and 4 of this Federal Act as amended by the Federal Law BGBl. I n ° 20/2006 will enter into force on 1 September 2006. '

Fischer

Bowl