Changing The Education Act

Original Language Title: změna školského zákona

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=65244&nr=343~2F2007~20Sb.&ft=txt

343/2007 Sb.



LAW



of 27 June. November 2007,



amending Act No. 561/2004 Coll. on pre-school, primary,

secondary, higher vocational and other education (the Education Act), as amended by

amended, and certain other laws



Parliament has passed the following Act of the United States:



PART THE FIRST



Changing the Education Act



Article. (I)



Act No. 561/2004 Coll. on pre-school, primary, secondary, higher

vocational and other education (the Education Act), as amended by Act No.

383/2005 Coll., Act No. 112/2006 Coll., Act No. 159/2006 Coll., Act No.

161/2006 Coll., Act No. 165/2006 Coll., Act No. 179/2006 Coll., Act No.

342/2006 Coll. and Act No. 624/2006 Coll., is amended as follows:



1. in section 20, paragraphs 1 to 3, including footnotes # 13a through 13f

shall be added:



"(1) the European Union citizens and their family members have access to the

training and educational services under this Act, under the same conditions.



(2) persons who are not listed in paragraph 1, under the same conditions

as citizens of the European Union approach:



and to fundamental education), including training in the exercise of the constitutional

education and protective education, if they are staying in the territory of the Czech Republic,



(b)) to the school meals and to education provided in the hobby

a school for extracurricular education in regular daily attendance,

If you are primary school pupils, corresponding to the year of high school

or the corresponding year of the Conservatory,



(c)) to the middle education and higher vocational education, including

training in the performance of institutional care or protective custody, if

residing lawfully on the territory of the Czech Republic,



(d)) to early childhood education, basic art education,

language learning and educational services under this Act, if

they have the right of residence on the territory of the Czech Republic ^ 13) for more than 90

days ^ 13a) or if they are persons entitled to reside on the territory of the

The United Kingdom for research purposes ^ 13b), refugees, persons enjoying

subsidiary protection ^ 13 c), the applicant for international protection ^ 13d)

or persons enjoying temporary protection ^ 13e).



(3) the persons referred to in paragraph 2 (a). (c)), and (d)) become children, pupils

or students of the relevant school or educational establishment under the conditions

laid down in this Act, if the Director of the school or school facility

They show no later than at the start of the training or the provision of educational

the services of the legitimacy of their stay on the territory of the Czech Republic. The legitimacy of the

stay on the territory of the Czech Republic shall carry a document according to a special

^ law 13f).



13A) Article. 10 (a). (b)) of the Council Directive 2004/81/EC of 29 April 2004. April 2004 on the

residence permit for third-country nationals who are

victims of human trafficking or have received assistance to illegal

immigration, who cooperate with the competent authorities.



13B) Article. 12 Council Directive 2005/71/EC of 12 July 2005. October 2005 on a specific

procedure for the admission of third-country nationals for the purposes of

scientific research.



Article 13 c). 23 para. 2 and article. 27 Council Directive 2004/83/EC of 29 April 2004. April

2004, on minimum standards that must be met by nationals

of third countries or stateless persons so that they can apply for a

a refugee or a person who needs for other reasons

international protection and the content of the protection granted.



13D) Article. 10, paragraph 1. 1 Council Directive 2003/9/EC of day 27. January 2003,

laying down minimum standards for the reception of asylum seekers.



13E) Article. 14. 1 Council Directive 2001/55/EC of 20 May 1999. July 2001 on

minimum standards for giving temporary protection in the event

a mass influx of displaced persons and on measures to ensure

balance between Member States in receiving efforts in connection with the

by accepting these people, and the consequences of the consequences thereof.



Act No. 222/2003 Coll., on temporary protection of aliens, as amended

regulations.



13F) Act No. 326/1999 Coll., as amended.



Act No. 325/1999 Coll., as amended.



Act No. 222/2003 Coll., as amended. ".



2. in section 28 para. 2 letter a) is added:



") first and last name, social security number, or date of birth, if no

social security number to a child, a pupil or student is allocated, the State

citizenship, place of birth and place of residence, or

stay on the territory of the Czech Republic according to the type of stay of a foreigner or a place

stay abroad, if the child does not reside, pupil or student in the territory of the United

the Republic ".



3. in section 28 para. 3 letter a) is added:



") first and last name, social security number, or date of birth, if no

social security number to a child, a pupil or student is allocated, the State

citizenship and place of residence, or the place of residence on the territory

The United States, according to the kind of an alien's stay or residence in

abroad, if the child does not reside, pupil or student in the territory of the United

the Republic ".



4. In article 36 paragraph 2 reads as follows:



"(2) the compulsory school attendance applies to citizens United

States and the citizens of another European Union Member State, who

the territory of the United Kingdom staying more than 90 days. Additionally, compulsory

attendance refers to other foreigners, who are authorised to reside on

the territory of the Czech Republic permanently or temporarily for a period longer than 90 days, and

to the participants in the procedure for granting international protection ^ 11). ".



5. In § 38 paragraph 6 is added:



"(6) the provisions of paragraphs 3 to 5 shall not apply to the citizens of another

the Member State of the European Union, who are staying in the territory of the Czech Republic

temporarily for a period longer than 90 days, and other foreigners, who are

authorised to reside in the territory of the United States temporarily for a period longer than

90 days if subject to compulsory school attendance in the school referred to in paragraph

1 (b). c).".



6. In section 160 paragraph. 3 the words "§ 20 para. 1 and 3 "are replaced by the words" of this

the law ".



7. in section 172 para. 8, the words "§ 20.0" are deleted.



8. In paragraph 172, after paragraph 8, the following paragraph 9 is added:



"(9) a person who is not a citizen of the United States, may be required to

education in the field of education in the military or in the area of

crisis management in a school set up by the Ministry of defence received only

with the prior consent of the founder; the consent of the governing body will take

Director of the school in the admission procedure. The founder is entitled to consent under

the previous sentence denied only on grounds of public policy or

public safety ".



The former paragraph 9 shall become paragraph 10.



9. In paragraph 183, paragraphs 6 to 10, including the footnote No 49 to 49e

shall be deleted.



10. in paragraph 183, the following new section 183a and section 183b, which including notes

footnote No 49 to the following: 49f



"section 183a



(1) the municipalities and regions are required to provide, within the scope of the transferred

the Department of statistics in the context of statistical surveys

included in the programme of statistical surveys ^ 49) for a given year.



(2) the Ministry of it, where appropriate, set up by the legal person,

pooling and processing of data from schools and educational institutions

and the school pertaining to the implementation of statistical surveys ^ 49)

authorised to use social security numbers of applicants, children, pupils and students.

Legal person who carries out the activities of a school or educational establishment,

for the purposes referred to in the first sentence required social security numbers of applicants, children,

pupils and students provide.



(3) the Ministry of the Interior Ministry and the regional authority provides for

the purpose of keeping the school register of the information system records

^ population) data on the inhabitants, 49a, in electronic form, in a manner

allowing remote access.



(4) the information Provided under paragraph 3, the data on



and citizens of the United States) Government ^ 49b)



1. the name or name, surname, maiden name,



2. date of birth



3. the address of the place of residence, including previous address space

permanent residence,



4. the deprivation or restriction of legal capacity,



b) aliens who are residents,



1. the name or name, surname, maiden name,



2. date of birth



3. citizenship or more of State citizenship,



4. type and address of the place of stay



5. the beginning of stay, where appropriate, the date of their stay,



6. the deprivation or restriction of legal capacity.



(5) the Ministry and regional office can provided data from the information

system of population register for the purposes of the management of school register in

extent set out in paragraph 4 below, sort or

combine ^ 49 c) or is blocking when it detects that the data provided

are not accurate.



(6) of the provided data that can be used in a particular case only

such data, which are necessary for the performance of the task.



section 183b



(1) in this Act, a citizen of the European Union and the citizen

The Swiss Confederation and the national of a Contracting State of the agreement on the European

economic area.



(2) in this Act, for the family of a citizen of the European Union

considers that an alien who is not a citizen of the European Union and may, on the territory of the

The United States to reside by reason of his position




and) family of a citizen of the European Union pursuant to the Act on the residence of

foreigners in the territory of the Czech Republic,



(b)) of the person to which the provisions of the Act on residence of aliens in the territory of

The United States, relating to family members of citizens of the European

Union, apply mutatis mutandis.



(3) the same rights and obligations as a citizen of the European Union has under this

the law:



and) the long-term resident in the territory of the European Community

The United States ^ 49d)



(b)) the long-term resident in the territory of the European Community

another Member State of the European Union is 49e) ^ ^ who has been on the territory of the United

the Republic is granted a residence permit ^ 13),



(c)) the person that was in the territory of the United States granted residence permit

because of its status as a family member of long-term

a resident in the European Community in the territory of another Member State

Of the European Union.



(4) a person who has derived his stay on the territory of the Czech Republic from

the bearer permission to family reunification ^ 49f), has under this Act

access to education and educational services under the same conditions as

the wearer of this permission.



49) Law No. 89/1995 Coll., on State statistical service, as amended by

amended.



49A) Act No. 133/2000 Coll., on registration of the population and the birth numbers and

amendments to certain laws (law on population register), as amended

regulations.



49B) Act No. 40/1993 Coll. on acquisition and loss of citizenship

The Czech Republic, as amended.



49 c) section 4 (b). e) of Act No. 101/2000 Sb.



49d) Article. 11 Council Directive 2003/109/EC of 25 March 2002. November 2003 on the

the legal status of third-country nationals who are

long-term residents.



section 83 of the Act No. 326/1999 Coll.



49e) Article. 21 Council Directive 2003/109/EC of 25 March 2002. November 2003 on the

the legal status of third-country nationals who are

long-term residents.



49f) Article. 14. 1 (b). and) Council Directive 2003/86/EC of 22 December 2004. September

2003 on the right to family reunification ".



PART TWO



Amendment of the Act on asylum



Article. (II)



In § 80 para. 4 Act No. 325/1999 Coll., on asylum and on the amendment of Act No.

283/1991 Coll., on the police of the Czech Republic, as subsequently amended,

(asylum Act), as amended by Act No. 2/2002 Coll., Act No. 57/2005 Coll. and

Act No. 165/2006 Coll., the first sentence is replaced by the phrase "applicants for

the granting of international protection have access to education under the conditions

established educational law ^ 12 c). ".



Footnote # 12 c:



"12 c) Act No. 561/2004 Coll. on pre-school, primary, secondary, higher

vocational and other education (the Education Act), as amended

regulations. ".



PART THREE



Amendment of the Act on temporary protection of aliens



Article. (III)



Law no 221/2003 Coll., on temporary protection of aliens, as amended by Act No.

165/2006 Coll. and Act No. 112/2006 Coll., section 33, including footnote

# 13a is inserted:



"§ 33



A foreigner enjoying temporary protection have access to education under the conditions

established educational law ^ 13a). For the purposes of study in universities

a foreigner enjoying temporary protection has the same status as a citizen of the United

of the Republic.



13A) Act No. 561/2004 Coll. on pre-school, primary, secondary, higher

vocational and other education (the Education Act), as amended

regulations. ".



PART FOUR



The EFFECTIVENESS of the



Article. (IV)



This Act shall take effect on the first day of the first calendar month

following the date of its publication.



Vaidya in the r.



Klaus r.



Topolanek in r.