38. Federal Law, with the Federal Act on Education, the Federal Education Act, the Federal Law on Schools and the Federal Law on Education, the Federal Law on Schools, the Federal Education Act, the Federal Education Act, the Federal Law on Education and the Federal Education Act, the Federal Education Act Education of lead teachers and sports teachers, the school teaching law, the Federal Law BGBl. I n ° 9/2012 as well as the Higher Education Act 2005

The National Council has decided:

table of contents

Article 1	Amendment of the Federal Education and Training Act
Article 2	Amendment of the School Organisation Act
Article 3	Amendment of the Federal Law on Agriculture and Forestry
Article 4	Amendment of the Federal Act on Schools for the Training of Leibeseducators and Sports Teachers
Article 5	Amendment of the school teaching law
Article 6	Amendment of the Federal Law BGBl. I N ° 9/2012
Article 7	Amendment of the Higher Education Act 2005

Article 1

Amendment of the Federal Education and Training Act

The Federal School Supervision Act, BGBl. No 240/1962, as last amended by the Federal Law BGBl. I No 48/2014, shall be amended as follows:

1. § 18 (1) first sentence reads:

" The competent Federal Minister has, in relation to all schools covered by the scope of this federal law in accordance with § 1, (including the supervision part of all-day school forms according to § 8 lit. j of the School Organization Act) as well as to the Higher agricultural and forestry departments according to the Federal Law on Agriculture and forestry, Federal Law Gazette (BGBl). No. 175/1966, to establish a level of quality management at all levels of the school administration and the schools. "

2. § 18 para. 2 Z 1 reads:

" 1.		A definition and description of school quality, including a quality learning and recreational service on all-day school forms, "

(3) The following paragraph 9 is added to § 24:

" (9) § 18 (1) and (2) (2) Z 1 in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 38/2015 will enter into force with the end of the day of the customer's presentation in the Federal Law Gazans. "

Article 2

Amendment of the School Organisation Act

The School Organization Act, BGBl. No 242/1962, as last amended by the Federal Law BGBl. I No 48/2014, shall be amended as follows:

The second subparagraph of Article 2 (1) reads as follows:

" The young people are to be educated to healthy and health-conscious, working-class, nursing and responsible members of society and citizens of the democratic and federal Republic of Austria. They are to be guided to independent judgement, social understanding and sporty active way of life, to be open to the political and ideological thinking of others and to be empowered, in the economic and cultural life of Austria, Europe and Europe. To take part in the world and to participate in the common tasks of humanity in freedom and peace love. "

Section 6 (4a) of the first and second sentences are replaced by the following sentences:

" Support plans shall be fixed for periods of learning and for the recreational part of all-day schooling. In this connection, it should be specified that the learning periods are in any case the processing of homework, the consolidation and promotion of teaching work in the teaching part and the individual advancement of the children, but not the development of new teaching contents. In any case, creative, artistic, muslim and athletic talents, as well as the appropriation of social competences and the development of personality, are to be promoted in the leisure part. "

3. In Section 6 (4a), the following sentence shall be inserted before the last sentence:

"The determination of the time units for learning periods and leisure time must be carried out in such a way that, in leisure time, in the compulsory subject matter" movement and sport ", the" movement and sport " must have five units of movement according to the compulsory subject-matter of the teaching part. Possibility to be evenly distributed over the week, guaranteed. "

4. § 8 lit. j sublit. aa to cc is:

" (aa)			learning time, which is related to certain compulsory subjects and is to be obtained by teachers,
bb)			individual learning time, which is to be provided by teachers or educators, as well as
cc)			In any case, leisure time (including catering), which is to be determined by teachers, educators, recreational educators or persons with other persons with a regulation of the competent Federal Minister, for the tasks in the context of leisure activities on all-day to obtain the skills of empowering qualification; "

5. (Policy determination) The following sentences are added to Section 13 (2a):

" For leisure time, other persons suitable for the performance of the tasks in the leisure part may also be eligible for leisure activities (§ 8 lit. j sublit. (cc) ordered. The use of such qualified persons shall be permitted even if they are not servants of a local authority or of a municipal association; § 56 (2) of the Law on the Education of the Schools is to be applied. "

6. The following sentences are added to Section 42 (2a):

" For leisure time, other persons suitable for the performance of the tasks in the leisure part may also be eligible for leisure activities (§ 8 lit. j sublit. (cc) ordered. The use of such qualified persons shall be permitted even if they are not servants of a local authority or of a municipal association; § 56 (2) of the Law on the Education of the Schools is to be applied. "

7. § 128a (1) second sentence reads:

" There are omissions for creative, artistic, muslim and sporting purposes as well as for the purposes of adult education and the public sector in the sense of the Federal Sports Promotion Act 2013, BGBl. I n ° 100/2013, the Art Promotion Act, BGBl. No. 146/1988, and the Federal Law on the Promotion of Adult Education and the People's Library of the Federal Republic of Germany, BGBl. No. 171/1973, the Federal Youth Promotion Act, BGBl. I n ° 126/2000, as amended, as well as omissions for the purposes of the partial legal capacity in accordance with Section 128c as a priority. "

8. § 128a (4) reads:

" (4) By way of derogation from para. 2 and 3, the omission of parts of the school property may be used for purposes which are in the interest of the school or the student's home, in particular in the creative, artistic, arts and sports fields, free of charge. However, an overtime contribution may not exceed the operating expenses. "

9. The following paragraph 31 is added to § 131:

" (31) The following provisions in the version of the Federal Law BGBl. I No 38/2015 shall enter into force as follows:

1.		§ 2 (1) and § 128a (1) and (4) shall enter into force on the expiry of the day of the manifestation in the Federal Law Gazans,
2.		§ 6 para. 4a, § 8 lit. j sublit. aa to cc and section 42 (2a) enter into force on 1 September 2015,
3.		(Policy determination) Section 13 (2a) shall enter into force with respect to the Länder at the end of the day of the manifestation in the Federal Law Gazprom; the implementing laws shall be adopted within one year and shall enter into force on 1 September 2015. "

Article 3

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 48/2014, shall be amended as follows:

1. § 31a para. 1 second sentence reads:

" There are omissions for creative, artistic, muslim and sporting purposes as well as for the purposes of adult education and the public sector in the sense of the Federal Sports Promotion Act 2013, BGBl. I n ° 100/2013, the Art Promotion Act, BGBl. No. 146/1988, and the Federal Law on the Promotion of Adult Education and the People's Library of the Federal Republic of Germany, BGBl. No. 171/1973, the Federal Youth Promotion Act, BGBl. I n ° 126/2000, as amended, as well as omissions for the purposes of the partial legal capacity as defined in § 31c. "

Section 31a (4) reads as follows:

" (4) By way of derogation from paragraphs 2 and 3, the omission of parts of the school property for purposes which are in the interest of the school, in particular in the creative, artistic, arts and sports fields, may be carried out free of charge. However, an overtime contribution may not exceed the operating expenses. "

(3) The following paragraph 7 is added to § 35:

" (7) § 31a (1) and (4) in the version of the Federal Law BGBl. I n ° 38/2015 will enter into force with the end of the day of the customer's presentation in the Federal Law Gazans. "

Article 4

Amendment of the Federal Act on Schools for the Training of Leibeseducators and Sports Teachers

Federal Law on Schools for the Training of Leibeseducators and Sports Teachers, BGBl. No. 140/1974, as last amended by the Federal Law BGBl. I No 48/2014, shall be amended as follows:

1. § 10a (1) second sentence reads:

" There are omissions for creative, artistic, muslim and sporting purposes as well as for the purposes of adult education and the public sector in the sense of the Federal Sports Promotion Act 2013, BGBl. I n ° 100/2013, the Art Promotion Act, BGBl. No. 146/1988, and the Federal Law on the Promotion of Adult Education and the People's Library of the Federal Republic of Germany, BGBl. No. 171/1973, the Federal Youth Promotion Act, BGBl. I n ° 126/2000, as amended, as well as omissions for the purposes of the partial legal capacity in accordance with Section 10b above. "

Section 10a (4) reads as follows:

" (4) By way of derogation from paragraphs 2 and 3, the omission of parts of the school property for purposes which are in the interest of the school, in particular in the creative, artistic, arts and sports fields, may be carried out free of charge. However, an overtime contribution may not exceed the operating expenses. "

(3) The following paragraph 7 is added to § 12:

" (7) § 10a (1) and (4) in the version of the Federal Law BGBl. I n ° 38/2015 will enter into force with the end of the day of the customer's presentation in the Federal Law Gazans. "

Article 5

Amendment of the school teaching law

The school teaching law, BGBl. No 472/1986, as last amended by the Federal Law BGBl. I No 48/2014, shall be amended as follows:

(1) In Article 17 (1), the following sentence shall be inserted after the second sentence:

" In addition, on the basis of the curriculum requirements of the teaching design as well as on the concrete learning situation of the pupils, there is also an appropriate level of movement elements in the classroom and on the whole-day basis. Also to integrate school forms into the learning periods. "

2. In § 19 (3a), first sentence, after the word "April" Put a dash and the turn "in the case of internships starting in March," inserted.

Section 23 (1a) of the last sentence reads as follows:

" In the last stage of generally forming higher schools (with the exception of the Werkschulheim and the Realgymnasium as well as the Oberstufenrealgymnasium, with special consideration of the arts education for students of the music), the Repeat examination in no more than one subject matter at the request of the pupil between the assessment conference (§ 20 para. 6) and the beginning of the examination of the examination; a one-off repetition of these examinations is at the request of the student to Examination date according to the first sentence and paragraph 1c admissible. "

Section 23 (1a) of the last sentence reads as follows:

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

5. In § 33 (2), the point at the end of the lit. f replaced by a stroke point and the following lit. g is added:

" (g)			if he/she is a pupil of at least three-year-old middle or higher school in more than three compulsory subjects of the 10. up to and including the penultimate school level in accordance with § 23a, para. 3, second sentence, a semester examination (up to third repetition) between the assessment conference of the last school level (section 20 (6)) and the beginning of the examination examination or to the Implementation of the repeal tests (§ 23) should have been laid down. "

6. In § 33 (3), after the expression of the staples "(Section 22 (1))" the twist "or the Semester product (section 22a (1))" inserted.

Section 34 (2) reads as follows:

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

8. § 35 (1) Z 1 and 2 are replaced by the following Z 1 to 3:

" 1.		the head of the school or a teacher to be appointed by the head of the school as chairman,
2.		the professional executive or, if no professional executive has been appointed, a qualified teacher to be determined by the head of the school, and
3.		the teacher who has taught the subject-matter of the examination subject in the relevant class (examiner). "

9. In § 35 (2) Z 5, after the word "Teacher" Put a dash and the turn "in the examination area" Religion " a religion teacher " inserted.

10. In § 35, para. 2, last sentence, after the twists "expert teacher" and "knowledgeable teachers" in each case the turn " or Religious teachers " inserted.

11. In § 35 (3), first sentence, after the word "Commissioners" the twist "and the unconditional majority of the votes cast" inserted.

12. In § 35, para. 3, fifth sentence, after the turn "pursuant to paragraph 2 Z 1" the twist "and, if necessary, in the case of standardized oral compensation tests" inserted.

13. In § 36 (2) (1), the turn-of-the-turn "before the beginning of the examination in the main appointment" .

14. In § 36 (2) (1a) the word shall be: "Main Date" through the turn "Examination dates foreseen as the main deadline" replaced.

15. In § 36 (3), the turn "if the corresponding teaching items are completed on a curriculum basis" through the turn "if the corresponding teaching subjects are completed in a positive way" replaced.

16. In § 36, para. 4, last sentence, the turn "between the end of the examination examination and the beginning of the oral examination" through the turn "between the last written examination and the beginning of the oral examination" replaced.

17. In Section 36a (1), the quote shall be "§ 36 (3)" by quoting "§ 36 (2) (1) and (1a) and (3)" replaced.

The first sentence of Article 36a (2) reads as follows:

"The first-time admission to the pre-examination, to the final work as well as to the examination of the examination (with the exception of oral compensations) and to the oral examination at the main date shall be carried out by the Office of the Office."

19. In § 36a (2), third sentence, the word "Klausuroperate" the word "written" .

The first sentence of Article 37 (5) reads as follows:

"The oral examination as well as the presentation and discussion within the framework of the final work shall be held publicly before the respective examination commission."

21. § 39 (1) first sentence reads:

" The performance of the examination candidate during the preliminary examination and at the request of the pupil, even in the case of early partial exams of the main examination as well as in the final work, shall be in a certificate of the preliminary examination or the examination. on the early part-examination of the main examination or on the final work to be assessed. "

22. The rate of introduction of Section 39 (2) reads as follows:

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

23. In § 40, paragraph 4, the quote shall be "§ 36 (3)" by quoting "§ 36 (4)" replaced.

24. In § 41, para. 1, after the turn "within the framework of the final examination" the twist "at a higher school" inserted.

25. § 44a together with the title is:

" Supervision of pupils by non-teachers (educators, freelance teachers)

§ 44a. (1) The supervision of pupils in school, at school events (§ 13), school-related events (§ 13a) or in the context of individual professional (educational) orientation (§ 13b) may also be carried out by other appropriate persons than by teachers, Educators or recreational educators take place when this is

1.		necessary to guarantee the safety of pupils; and
2.		is appropriate in order to fulfil the tasks of the school.

(2) Persons in accordance with paragraph 1 (e.g. legal guardians, qualified persons from the fields of sports, music, etc.) shall function functionally as federal bodies. Section 56 (2) shall apply. "

26. The following paragraph 3 is added to § 55b:

" (3) (1) and (2) shall also apply to other persons suitable for the performance of the duties in the leisure part for other persons (§ 8 lit. j sublit. cc of the School Organization Act), regardless of whether they are employees of a local authority or of a community association, or not. "

27. § 65a Abs.1 reads:

" (1) For the purpose of empowerment for professional life and the facilitation of transcends as well as in general for the purpose of better implementation of the tasks of the Austrian school as defined in § 2 of the School Organization Act, within the scope of School-autonomous curricula regulations and other school-autonomous measures Cooperation with other schools or non-school institutions will be discussed. "

28. In the introduction sentence of § 82 para. 5p, after the quote " BGBl. I No 74/2013 " the twist " as well as § 34 (2), § 35 (1), (2) and (3), § 36 (2), (3) and (4), § 36a (1) and (2), § 37 (5), § 39 (1) and (2), § 40 (4) and § 41 (1), as amended by the Federal Law BGBl. I No 38/2015 " inserted.

29. In § 82 (5s) Z 4, after the quote " 7a " the parenthesis expression " (in the version of the Federal Law BGBl. I No 75/2013) " inserted.

30. In § 82 (5s) Z 6, after the quotations "§ 20 (10)" , "§ 23a together with the heading" , "§ 23b together with headline" and "§ 25 (10)" each of the brackets " (in the version of the Federal Law BGBl. I No 38/2015) " inserted.

31. In § 82 (5s) Z 8, after the first quote " BGBl. I No 52/2010 " Put a dash and the turn " § 36 (3) in the version of the Federal Law BGBl. I No 38/2015 " inserted and becomes the second citation " BGBl. I No 52/2010 " by quoting " BGBl. I No 38/2015 " replaced.

32. The following paragraph (5z) is added to § 82:

" (5z) The following provisions in the version of the Federal Law BGBl. I No 38/2015 shall enter into force as follows:

1.		§ 17 (1), § 19 (3a) and § 23 (1a) in the version of Z 3, § 44a, including the title, § 65a (1) and § 82d, together with the title, enter into force at the end of the day of the event in the Federal Law Gazet;
2.		Section 23 (1a) in the version of Z 4 and § 55b (3) shall enter into force on 1 September 2015; at the same time, Section 23 (1a) shall be repeal in the version of the Z 3;
3.		Section 33 (2) and (3) shall enter into force with 1 September 2017. "

33. In accordance with § 82c, the following § 82d and heading is inserted:

" Transitional law with regard to external tyre tests, external maturity and diploma examinations, external diploma and external audit examinations (including additional tests)

§ 82d. On externalised tyre tests, externalisation and diploma examinations, external diploma examinations and external audits (including any additional exams), with regard to which admission to the main date of 2015 or to one of the subsequent dates up to and including that according to § 36 paragraph 2 Z 3 lit. b of the year 2017 shall, by way of derogation from § 42, apply the provisions of this Federal Law applicable on 31 August 2010 for final examinations as well as the regulations in force at that date. "

Article 6

Amendment of the Federal Law BGBl. I N ° 9/2012

Federal Law BGBl. I N ° 9/2012, as last amended by the Federal Law BGBl. I No 75/2013, shall be amended as follows:

1. In Art. 4 Z 8 (§ 20 para. 10), the para. 10 reads:

" (10) The heading and para. 1 to 4 and 6 shall apply to the 10. up to 13. school level of at least three-year middle and higher schools with the proviso that:

1.		is to be understood in the title as well as in para. 1 and 2 under "School Level" one semester,
2.		in paragraphs 1 and 4, the term "year of teaching" is to be understood as one semester,
3.		Paragraph 3, last sentence, shall not apply,
4.		(4) in place of the "eight-fold", the "four times" of the weekly number of hours of a compulsory subject can be understood and an appropriate, shorter than four-week holiday practice can be provided; and
5.		in paragraph 6, the term "teaching year" is to be understood as the summer semester and the class conference at the end of the winter semester is to be held in the last week of instruction prior to the semester break. "

2. In Art. 4 Z 14 (§ 23a and § 23b) the second sentence of section 23a (3) reads as follows:

"In no more than three, or with" not sufficiently " assessed subject-related items of the 10. Up to and including the penultimate school level, a semester examination (up to a third repetition) between the assessment conference of the last school level (§ 20 para. 6) and the beginning of the examination examination or to the beginning of the examination is beyond the periods according to Z 1 and 2. permitted for the performance of the repeal tests (§ 23). "

3. In Art. 4 Z 14 (§ 23a and § 23b) the third sentence of section 23a (3) reads as follows:

"Semester examinations as well as repetitions of semester examinations are to be held at the request of the student, whereby repetitions are to be scheduled at least four weeks after the last examination filed."

4. In Art. 4 Z 14 (§ 23a and § 23b) the turn of the sentence is given in Section 23a (3) of the fourth sentence. "The repetition of semester exams can" through the turn "Semester examinations (including their repetitions) can" and the word "is" by the word "are" replaced.

5. In Art. 4 Z 14 (§ 23a and § 23b) the second sentence of section 23a (4) reads as follows:

"Oral and graphic examinations have between 15 and 30 minutes, practical tests of up to 300 minutes to take."

6. In Art. 4 Z 14 (§ 23a and § 23b) the last sentence of section 23a (7) reads as follows:

"Unwarranted prevention leads to loss of time."

7. In Art. 4 Z 14 (§ 23a and § 23b, in each case together with the heading), § 23b (1) shall be used after the word "Mandatory" the parenthesis expression "(except for the subject matter" Movement and Sport ")" inserted.

8. In Art. 4 Z 15 (§ 25 para. 10), the para. 10 reads:

" (10) The preceding paragraphs 1 to 8 shall not apply to pupils of at least three-year middle and higher schools from the age of 10 onwards. School level. These students are from the 10. School level then entitled to ascend to the next higher school level, if the semester products over the winter semester and the summer semester of the relevant school level in the compulsory items in total no more than two non-assessments or Assessments with "Not enough". In the case of a total of three non-assessments or assessments with "Not enough" in compulsory subject areas, the class conference can be used with the appropriate application of paragraph 2 lit. c grant permission to ascend to the next higher school level. An ascend with a total of three non-judgements or assessments with "Not enough" is from the 10th. School level of at least three-year middle and higher schools is allowed at most once. Decisions of the class conference on the granting of the right to ascend are the legal guardians, with explicit reference to the unique possibility of ascending with a total of three non-judgements or assessments with "Not enough" demonstrably to be brought to the knowledge. "

9. In Art. 4 Z 27 (§ 36 para. 3), the Z 1 of section 36 (3) reads:

" 1.		the corresponding teaching subjects provided for in the course of the curriculum have been positively concluded or "

10. In Art. 4 Z 28 (§ 36a para. 1) the last sentence of section 36a (1) reads:

"The provisions of Section 36 (2) (1) and (1a) and (3) shall remain unaffected."

Article 7

Amendment of the Higher Education Act 2005

The Higher Education Act 2005, BGBl. I n ° 30/2006, as last amended by the Federal Law BGBl. I No 21/2015, shall be amended as follows:

(1) In Article 56 (1), the following sentence shall be inserted after the second sentence:

"The Federal Minister responsible has to determine by means of a regulation which training courses or parts of training courses are to be applied to the university course for leisure education."

(2) The following paragraph 10 is added to § 80:

" (10) § 56 (1) in the version of the Federal Law BGBl. I n ° 38/2015 will enter into force on 1 September 2015. "

Fischer

Faymann