The Education Of Children, Pupils And Students With Special Educational Needs

Original Language Title: vzdělávání dětí, žáků a studentů se speciál.vzdělávacími potřebami

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=59742&nr=73~2F2005~20Sb.&ft=txt

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.