73/2005 Sb.
DECREE
of 9 June. February 2005
on the education of children, pupils and students with special educational
needs and of children, pupils and students exceptionally gifted
147/2011: Sb.
103/2014: Sb.
The Ministry of education, youth and sports, establishes, pursuant to § 7 para. 3,
§ 7, § 23 para. 3, § 26 para. 4 and section 56 of Act No. 561/2004 Coll.
pre-school, primary, secondary, higher vocational and other education
(the Education Act):
PART THE FIRST
GENERAL PROVISIONS
§ 1
(1) the education of children, pupils and students ("the pupil")
educational needs (hereinafter referred to as "special education") education
extremely talented pupils is carried out with the use of buffers and
support measures.
(2) the countervailing measures in the education of pupils with disabilities or
social disadvantages, for the purposes of this Ordinance, means the use of
teaching, or specially pedagogical methods and procedures
correspond to the learning needs of students, the provision of individual support
in the context of the teaching and training on teaching, use of advisory services of the school
and educational counselling facilities, individual educational plan and
the services of an Assistant teacher ^ 2). The school provides a based on these measures,
pedagogical assessment of the training needs of the pupil, the progress and results
his education, where appropriate, in cooperation with the educational guidance
device.
(3) the support measures in the education of students with disabilities
for the purposes of this Ordinance, means the use of special methods, procedures,
forms and means of education, compensation, rehabilitation and
teaching aids, special textbooks and didactic materials,
the classification of subjects the special pedagogical care, provision of
pedagogical-psychological services ^ 1), ensuring services Assistant
Educator ^ 2), the reduction in the number of pupils in a class or study group or
other editing organization education taking into account the special educational
the needs of the learner.
(4) support measures, particularly in the education of gifted children for
the purposes of this Ordinance, means the use of special methods, procedures, forms and
resources training, didactic materials, the provision of
pedagogical-psychological services, or other transformation of the Organization
education, taking into account the educational needs of these pupils.
(5) for pupils with severe disability for the purposes of this order
consider students with severe visual impairment, severe hearing
with severe disabilities, physical disabilities, with severe renal
communication skills, hluchoslepí, with simultaneous multiple disabilities
as with autism, with severe physical or moderate, heavy or
profound mental disabilities. These students with regard to the scope of the
Special educational needs belongs to the highest levels of support
measures.
(6) in the pupil with a social disadvantage for the purpose of providing
countervailing measures referred to in paragraph 2 shall be considered, in particular, the pupil of the
environment where he needed support for a proper course
education including legal representatives with the school, and pupil
lack of knowledge of the teaching language of the disadvantaged.
PART TWO
SPECIAL EDUCATION
§ 2
Principles and objectives of special needs education
Special education provides students with special
educational needs identified on the basis of specifically educational,
or psychological examination of educational guidance device ^ 3) and
their extent and severity of the reason for the inclusion of pupils to the mode
special needs education. Special education is provided and students
listed in schools set up in school facilities for institutional
education and protective education. ^ 4)
§ 3
Forms of special education students with disabilities
(1) special education students with disabilities ^ 5)
be ensured by
and in the form of individual integration)
(b)) in the form of group integration,
(c)) in the school itself set up for pupils with disabilities (hereinafter the
"special school"), or
(d)) a combination of forms referred to in points) to c).
(2) the individual integration means the education of the pupil
and in a normal school) or
(b)) in cases worthy of special attention in a special school designed for
pupils with other types of disability.
(3) the Group integration means the education of the pupil in the class, the Department
or study group set up for pupils with disabilities in the ordinary
school or a special school for pupils with a different kind of
disability.
(4) the pupil without a disability is receiving education under the education
programme for the education of pupils with disabilities.
(5) a pupil with handicaps are exceptionally and only for
necessary to offset its disadvantage may in
elementary school or class of primary schools for pupils with disabilities
disabilities, if education in the primary school or elementary
school for students without a disability, even when taking into account
individual educational needs and the application of countervailing measures
According to § 1 (1). 2 overall is failing and if it requires his interest. Theorem
the first does not apply in the case of a school or class for students with mild mental
disabilities. The pupil can be classified under the first sentence under the terms of § 9 para. 1 and
on the basis of the written confirmation of the medical professional. At least once a
school year school guidance device shall examine whether the grounds for
education pupil under the first sentence still occur; If these reasons have ceased to apply,
propose a legal representative of the pupil or the pupil zletilému to educate the
school or class for students without disabilities.
§ 4
School of medical devices
(1) in the nursery and primary school at the healthcare facility may
educating students with disabilities by weakening or pupils of the long-term sick
the location of this facility if their State of health
allows you to. Primary schools can provide in their capacity
individual consultation in general educational subjects and students
secondary schools located in this facility.
(2) the inclusion in the school when the clinic is required
recommendation of the attending physician, and the consent of the legal guardian of the pupil.
Scope and organization of teaching a pupil determines the school director in agreement with the
the treating physician.
§ 5
Types of special schools
Types of special schools for the purpose of marking ^ 6) are:
a) nursery school for the visually impaired, elementary school for the visually impaired
affected, high school for the visually impaired (secondary vocational
school for the visually impaired, a vocational school for the visually impaired,
practical school for the visually impaired, a school for the visually impaired,
school for the visually impaired), the Conservatoire for visually impaired
handicapped people,
b) nursery school for the hearing impaired, a primary school for the hearing impaired
affected, high school for the hearing impaired (secondary vocational
school for the hearing impaired, a vocational school for the hearing impaired
handicapped people, practical school for the hearing impaired, school for the
hearing impaired, a school for the hearing impaired)
(c)) kindergarten for the Deafblind, elementary school for the Deafblind,
d) nursery school for the handicapped, elementary school for the handicapped
affected, high school for the physically handicapped (secondary vocational
a vocational school for the disabled, vocational school for the disabled,
practical school for the handicapped, for the handicapped,
secondary vocational school for the disabled),
e) nursery school speech therapy, speech therapy, elementary school
f) nursery school, primary school, special practical, primary school
Special, vocational school and practical school,
g) elementary school for pupils with specific learning difficulties, basic
a school for pupils with specific behavioural disorders,
h) nursery school when clinic, primary school in
the clinic, primary school special in healthcare
device.
§ 6
Individual educational plan
(1) the individual education plan ^ 7) shall be determined, if necessary,
especially for individually integrated pupil, pupil with profound
mental disability, possibly also for the pupil group-integrated
or for the pupil's special school.
(2) the individual education plan is based on the school education
the school, specifically educational examination conclusions
or psychological examination of educational guidance device
where appropriate, the advice of a registered medical practitioner for children and
puppy or a specialist doctor or other expert, and observations
legal guardian of the pupil, or an adult learner. It is a binding document for the
ensuring of the special educational needs of the student.
(3) the individual education plan is part of the documentation of the pupil.
(4) the individual education plan includes:
and content data), scope, progress and how the individual
Special educational or psychological care pupil including the rationale,
(b) the objectives of the training data) pupil, time and content of the curriculum, layout
including a possible extension of the length of secondary and higher vocational
education, the choice of pedagogical procedures, how to enter and the fulfilment of
tasks, method of evaluation, adjustment of the holding of the final examinations, graduation
tests or discharge,
(c) the need for further educational) observations of a worker or other person
involved in working with the pupil and its scope; pupil high school
hearing impairment and higher vocational school student with hearing
disabilities shall state the need for the necessary interpretation services and their
range, ^ 8), where appropriate, further adjustment of the Organization's education,
(d)) the list of compensatory, rehabilitation and teaching aids,
Special textbooks and teaching materials necessary for teaching the pupil
or for holding the relevant tests,
(e) determine the pedagogical worker) rated the school Advisory
a device with which the school will cooperate in ensuring the
the special educational needs of the student,
(f) the estimated need for increased financial) resources above and beyond
the State budget provided resources under a special legal
prescription, ^ 9)
g) conclusions specifically educational, or psychological examinations.
(5) the individual education plan is drawn up, as a rule, before the onset of
the pupil into the school, but not later than 1 month after the onset of the pupil at school or after
the findings of the special educational needs of the student. Individual education
the plan may be amended and modified throughout the school year
as needed.
(6) for the processing of an individual educational plan corresponds to the Director
the school. Individual educational plan shall be drawn up in cooperation with the
educational guidance device and the legal guardian of the pupil or adult
a pupil.
(7) the Director of the school, meet with an individual educational plan of legal
the representative of the student or an adult learner, who acknowledge their
signature.
(8) the Education Advisory device monitors and evaluates the twice a year
compliance with the procedures and measures set out in the individual educational
plan and provides the pupil, the school and the pupil's legal representative consulting
support. In the case of non-compliance with the measures laid down informs about this
fact, the Director of the school.
(9) the provisions of paragraphs 6 and 7 shall apply to changes in the individual
educational plan accordingly.
§ 7
Assistant teacher
(1) the main activities of the Assistant teacher ^ 2) are:
and school teachers) assistance in education and training
activities, assistance in communicating with students and representatives of pupils and
the community from which the pupil comes from,
(b) support to pupils in adjusting) the school environment,
c) help pupils in teaching and in preparation for teaching,
(d)) the necessary help pupils with severe disabilities in the self-service
and movement during school hours and during the events organized by the school outside the place where the
the school in accordance with the registration in the register of the education takes place
education.
(2) an application for consent to the establishment of the function of Assistant teacher includes
the name and address of the legal person, who carries out the activities of a school, the number of pupils
and classes in total, the number of pupils with special educational needs,
formal education Assistant educator, the estimated amount of the salary or
wages, the justification for the establishment of an educator needs, objectives,
the Director of the school through the establishment of this function in school, and
job description of an Assistant teacher.
§ 8
The Organization of special education
(1) the form and content of the special education student and degree of support
measures shall be adopted by a range of special educational needs of the student.
(2) special education and support measures recommended educational
guidance secures school equipment in collaboration with the educational
guidance device.
(3) in the class of kindergarten separately established for children with
disabilities is the scope of study, the special pedagogical care, not more than
3 hours per day.
(4) Pupils with disabilities who are educated in elementary school
or class of primary school pupils intended for those separately, can have on the
the first stage of a maximum of 5 hours in the morning and 5
lessons in the afternoon; on the second level of not more than 6
lessons in the morning teaching and 6 teaching hours in
the afternoon lessons.
(5) in classrooms, departments and study groups set up for pupils with
disabled students can be included 2 more years,
where appropriate, the first and second instance.
(6) in classes and study groups set up for pupils with severe
disabled persons and in the classrooms of schools in psychiatric hospitals
can provide educational activities in parallel, teaching 3
workers, of which at least 1 is an Assistant teacher.
(7) in classrooms, departments and study groups in which
educates a pupil with a disability may, with the consent of the Director of the school
and the legal guardian of the pupil or pupil's Act of an adult personal assistant
that is not an employee of the legal person, who carries on the activity of the school.
(8) in selected subjects, pupils with disabilities in the context of the
their capabilities can educate together with other pupils of the school and be
involved in all activities of the schools at the time outside of the classroom.
(9) for persons with severe mental disabilities, multiple disabilities or autism,
that they have not acquired the basics of education, the elementary school special
to organize courses to obtain them.
§ 9
Marshaling of pupils with disabilities in special education
(1) the pupil can be marshaled to a school, class, or study groups established for the
pupils with disabilities or converted into educational program
adjusted for pupils with disabilities only:
and on the basis of written recommendations) education counselling facilities,
part of which is the design of specific support measures,
(b)) after consultation with the legal guardian of the pupil or pupil, including
provide comprehensible lessons according to the annexes to this Decree;
fair lessons also gets a minor pupil,
(c)) with the informed consent granted by a legal guardian of the pupil, or
adult student on the form prepared by the annexes to this Decree in
the case of basic education.
(2) the inclusion of a pupil pursuant to paragraph 1 may be preceded by a diagnostic.
Diagnostic stay takes if for inclusion in the form of education pursuant to §
3 (2). 1 (b). and) or (b)), 2 to 6 months, and in the case of inclusion in the form of
education pursuant to § 3 (2). 1 (b). c) or (d)), 1 to 3 months. After a period of
diagnostic stay a disciple student of the original school. The provisions of § 9
paragraph. 1 shall apply mutatis mutandis. The diagnostic progress of stay issues
school counseling device zletilému pupil or pupil's guardian
a report containing proposals and recommendations to the education of the pupil. The report and the
recommendations shall be issued not later than 30 days from the date of their
the diagnostic. You cannot perform diagnostic stay in schools,
classrooms and study groups for students with mild intellectual disabilities.
(3) Educational consulting regularly evaluates whether the inclusion of
student in the educational program for pupils with disabilities
disabilities education pursuant to § 3 (2). 1 and support measures
provided by a pupil in the school with its special educational
needs. In the case of a pupil included in the educational program of the basic
education for students with mild intellectual disabilities evaluation
made no later than one year after the inclusion. further evaluation is done on the
the end of the third year, the fifth year and final year of compulsory school
attendance, but not earlier than in the school year following the first
evaluation. For the other pupils with disabilities evaluation
done in the time provided for educational guidance device. School
Consulting facility evaluates the fact in the first sentence, after
facts indicating change in special education
the needs of the pupil or pupil's at the request of an adult or legal guardian of the pupil.
(4) if there is a change in the special educational needs of the student are
disabilities, educational consultancy will propose a corresponding device
the adjustment in the education of the pupil. In the case of reassignment to another educational
the programme shall include the Director of the school the pupil in the senior year, which corresponds to the peak
knowledge and skills of the pupil.
§ 10
The number of pupils
(1) Class, Department, and a study group established for students with disabilities
disabilities and class in the school when the facility has at least 6 and
most 14 pupils taking into account the age and special educational needs
pupils. Class, Department, and a study group established for students with severe
a disabled person has at least 4 and at most 6 students.
(2) in a class or study group set up for pupils with disabilities
disabilities may be at the request of an adult student or legal
the representative of the pupil and the written recommendation of the school guidance device
enrolled pupils with a different type of disability, in the case of
basic education and health handicaps. Their number
shall not exceed 25% of the maximum number of pupils in a class or study group
referred to in paragraph 1. The provisions of § 3 para. 4 and 5 and § 9 para. 1 are not
without prejudice to the.
(3) the Director of the school may divide the class, Department, and of the study group on
Group in accordance with school curricula, educational,
the health, economic, and spatial terms, ^ 10) requirements for
the safety of the pupils and the protection of their health and character of the object.
(4) in the class of common nursery, primary or secondary school, in the Department of
common at the Conservatory and in the study groups common higher vocational colleges can be
taking into account the range of special educational needs pupils
individually integrate no more than 5 students with disabilities.
(5) vocational training in secondary school set up by pupils individually
with disabilities to fill in the number of established groups
special legislation, ^ 11) in other cases, the group when
practical teaching fills in the number of 6 students.
(6) a special school and a school in the medical facility has at least 10
pupils.
§ 11
Taking care of the safety and health of the pupils
(1) in one group of pupils with disabilities in swimming and
swim training neplavců with disabilities fall on 1
pedagogical worker maximum of 4 pupils; If required by the State of health of
the pupil, it is possible in the school at the medical facility and with pupils with severe
disabilities held swimming training individually.
(2) ski lessons done 1 teachers with a maximum of 8 pupils
the disabled. For visually impaired pupils and students with disabilities
falls on 1 pedagogical worker not exceeding 6 pupils, for pupils of the blind
1 pedagogical worker found 1 pupil.
(3) if the number of pupils in action outside the place where it takes place
education, ^ 12) number of students specified the applicable class or group,
principal of the school shall ensure supervision for more adult person who is eligible to
legal capacity and is in the employment relationship to the legal entity that
carries on the activity of the school.
(4) the Director may for special school pupils with disabilities
to ensure medical and rehabilitation care.
PART THREE
EDUCATION OF PUPILS EXTREMELY TALENTED
§ 12
(1) an extremely gifted pupil, for the purposes of this Ordinance, means the individual,
whose layout capability achieves an exceptional level of high
creativity in the entire business, or individual cognitive
areas, motion, artistic and social skills.
(2) the discovery of extraordinary talents pupil performs educational consulting
device.
(3) for the exceptionally gifted students can create groups, principal of the school in
which educate pupils from the same or different years in some
articles.
section 13 of the
Individual educational plan
(1) an extremely gifted children Education can take place according to the
an individual educational plan, which is based on the school
the educational program of the school, the conclusions of psychological examination
and the expression of the legal guardian of the pupil, or an adult learner. It is a binding
document to ensure the educational needs of exceptionally gifted pupil.
(2) the individual education plan is part of the documentation of the pupil.
(3) the individual education plan includes:
and) the conclusions of psychological examinations, which describe the area closer to the type and
the range of talent and learning needs of exceptionally gifted pupil, or
observations of a registered medical practitioner for children and adolescents,
(b)) the provision of individual data on method of teaching or
psychological care exceptionally many pupil
(c) educational model for extraordinarily) gifted pupil, time, and content
the layout of the curriculum, the choice of pedagogical procedures, how to enter and the fulfilment of
tasks, method of evaluation, treatment, tests
(d)) a list of recommended textbooks and teaching aids, materials,
(e) the determination of the worker's educational school) guidance device
which the school will cooperate in providing care for the extremely
a gifted student,
f) staffing adjustments and during exceptionally gifted education
the pupil,
(g) determine the pedagogical worker schools) to monitor the progress of
Education extremely gifted pupil and to ensure cooperation with the
educational guidance device
h) estimated the need for increased financial resources beyond the scope of
the State budget provided resources under a special legal
prescription. ^ 9)
(4) the individual education plan is drawn up after the onset of extremely
a gifted pupil to the school no later than 3 months following the determination of its
extraordinary talent. Individual educational plan can be updated and
being edited during the school year.
(5) for the processing of an individual educational plan corresponds to the Director
the school. Individual educational plan shall be drawn up in cooperation with the
educational guidance device and the legal guardian of the pupil or adult
a pupil.
(6) the Director of the school, meet with an individual educational plan of legal
the representative of the student or an adult learner, who acknowledge their
signature.
(7) specified by the pedagogical worker monitors the progress of school education
an extremely gifted pupil and provides together with the educational guidance
device support the pupil and his legal representatives.
§ 14
Reclassification to a higher grade
(1) the Director may reassign an extremely gifted pupil to a higher
year without passing the previous year on the basis of tests before
the Commission, which shall appoint the Director of the school.
(2) the Commission is at least three, and consists of:
and the President, that is) as a rule, school director or authorized
the teacher,
(b)), which is the teacher teaching the subject of the educational
the area, in the first to fifth year of primary education teacher
for the year,
(c)), which is a member of the teaching of the subject of the teacher education
area.
(3) the date of the test sets out the principal of the school in accordance with the legal
the representative of the pupil or adult pupil. If the pupil is not serious
reasons to be checked by the set deadline, established a school director replacement
the term test.
(4) a pupil may consist in 1 day only 1 exam.
(5) the principal of the school shall determine the content, form and layout of the test with time
given the age of the student. Test validates the knowledge and skills to enable
the pupil a smooth transition to a higher grade and is focused on an individual
the subject or educational area.
(6) the test result the Commission shall determine by a vote. In the event of a tie
Decides to vote.
(7) the test shall be recorded in a log that is part of the documentation of the pupil.
(8) the principal of the school shall notify the test result can be proved in
legal representative of the pupil or the pupil zletilému.
(9) in the pupil will not be issued not less than the annual report card. In
the following dates are on the back of which editions of the pupil
taken.
PART FOUR
COMMON AND FINAL PROVISIONS
§ 15
If this Ordinance provides otherwise, be subject to special
education and training of pupils extremely talented general regulations
governing the area of pre-primary, primary, secondary and higher
of vocational training.
section 16 of the
(1) if the lesson plans and curricula issued under the existing
legislation and concretized by the school do not have the parts or information,
for which this Ordinance stipulates that the established school
the educational program, Director of the school is to make up with effect from 1. September
2005.
(2) under section 10 shall be applied from 1 January 2005. September, 2005. In the meantime, proceed
According to the existing legislation.
§ 17
Decree of the Ministry of education is hereby repealed, youth and sports No.
127/1997 Coll., on special schools and special kindergartens.
section 18
The effectiveness of the
This Decree shall take effect on the date of its publication.
Minister:
JUDr. Buzek in r.
Annex
Minimum data and information to give informed consent
with the inclusion of the pupil to some of the organizational forms of education pursuant to § 3
of this order and with the transfer student in the educational program for pupils with
disabled persons (article 49, paragraph 2, of Act No. 561/2004 Coll.) in the basic
education
The legal guardian of the pupil, or an adult learner will receive understandable lessons
all about:
and) the rights and obligations of pupils and the pupils ' legal representatives in relation to the
implementation of compulsory education,
(b) the organizational forms of training), their differences and related
organizational changes,
(c) the structure of educational programs ()
RVP ZV, ZV, part of the FEP. (D), Chapter 8, RVP ZV-annex governing
education of students with mild intellectual disabilities, RVP for a scope that education
elementary school special-part I and II, school educational program
),
(d)) the differences in educational programmes and the differences in the output
key competencies,
e) organizational changes, which, in the context of a transfer to another
the training program may occur,
f) support or compensatory measures that may help the pupil
to manage an existing training program,
g) options diagnostic stay pursuant to § 9 para. 2,
h) learning opportunities based on individual educational plan,
I) how to further education and career.
The lessons made/and (date, name, function in school, signature):
I declare that I was in detail and clearly informed about
the possibilities and implications of education their child's/your education on the
the educational programme (
the training program shall be
) and of the possibilities and the consequences of his or her education in the selected
the organizational form of education (
Enter the appropriate form
) and that I understood the information. Before signing the informed
consent I had the opportunity to ask questions and consider the submitted enough
the response. I understand all the communication and I agree with them. On the basis of
the information provided
I agree
with the inclusion of (
name and surname, date of birth of the pupil
) to selected forms of education and training referred to in
the educational program.
Date, name, signature of the legal representative or an adult learner:
Selected provisions of the novel
Article. (III) Decree No. 103/2014 Coll.
Transitional provisions
1. recommendations for the inclusion of the child, a pupil or a student to the school or
the educational program for children, pupils or students with
disabilities, with the exception of slight mental disability, issued before the date of
the effective date of this Ordinance and in force on the date of entry into force of this
the Ordinance, shall continue to be valid for a period corresponding to the purpose of the recommendation.
2. children, pupils and students without disabilities, inclusion on the date
the effective date of this order to the school, class or study group
set up for children, pupils or students with disabilities can
educate according to the existing legislation. The Director of the school without
undue delay shall discuss with the legal guardian of the child or pupil, or
the pupil or student, that takes on the training referred to in the first sentence;
If so, the principal of the school shall provide assistance and methodological assistance
to ensure the best way of training. Record of discussion of the
According to the second sentence, signed by legal representative of the child or pupil, or
pupil or student, the principal of the school shall establish a documentation of the child, the pupil
or the student.
1) Decree No. 72/2005 Coll. on the provision of advisory services in the
schools and educational counselling establishments, as amended by Decree No.
116/2011 Sb.
2) § 2 (2). 2 (a). f) Act No. 563/2004 Coll., on pedagogical
workers and on amendment to certain laws.
§ 16 para. 9 of the Education Act.
3) § 16 para. 5 of the Education Act.
4) Act 109/2002 Coll., on the performance of institutional care or protective
education in school facilities and on preventive educational care in
school facilities and amending other acts, in the wording of the finding
The Constitutional Court published under no. 476/2004 Coll. and Act No. 563/2004
SB.
5) § 16 para. 2 Education Act.
6) § 7 para. 3 of the Education Act.
7) section 18 of the Education Act.
8) § 8 para. 3 of Act No. 155/1998 Coll. on sign language and amending other
laws.
9) Decree No. 65/2005 Coll. laying down the breakdown of regional
normatives, indicators relevant for their determination, drive performance for
each regional directives, the relationship between indicators and performance units,
the parameters for calculating the minimum level of normatives and policies for regional
increase regional normatives (regional decree normativech).
10) § 7 para. 1 of the law No. 258/2000 Coll., on the protection of public health and the
amending certain related laws.
Decree 108/2001 Coll. laying down public health requirements for the
the premises of schools, preschools and some school facilities.
11) Government Regulation No. 689/2004 Coll., on the system of education in the disciplines
primary, secondary and higher vocational education.
12) § 144 paragraph. 1 (b). (g)) of the Education Act.