Consent to the establishment of a class, department or study group pursuant to Section 16(9) of the Schools Act

Main information

Schools or classrooms, departments and study groups may be established for children, pupils and students with mental, physical, visual or hearing impairments, severe speech impairments, severe developmental learning disabilities, severe developmental behavioural disorders, co-disability with multiple impairments or autism (Section 16(9) of the Schools Act).

The establishment of a separate school for children, pupils or students pursuant to Section 16(9) of the Education Act is subject to an approval procedure for registration in the register of schools and educational establishments (Entry in the register of schools and educational establishments by the Ministry).

In the case of schools established by the Ministry of Education, Youth and Sports (‘the Ministry’) or registered churches or religious societies which have been granted authorisation to exercise the special right to establish ecclesiastical schools, the approval of the Ministry shall be required for the establishment of a class, department or study group pursuant to Paragraph 16(9) of the Education Act, and in the case of other schools, the approval of the regional authority shall be required.

The reason for the need for the consent of the competent public authority is, in particular, the increased financial burden of these measures and compliance with the strategy for the development of the school network. There is no express legal entitlement to the establishment of a class, department or study group pursuant to Section 16(9) of the Education Act; these organisational measures cannot be implemented in practice without the consent of the competent public authority.

This applies to you if

Education of children, pupils or students with mental, physical, visual or hearing impairments, severe speech impairments, severe developmental learning disabilities, severe developmental behavioural disorders, concomitant multi-impairment or autism shall, as a rule, take place in a school, class, department or study group that is not established pursuant to Section 16(9) of the Schools Act, using support measures. In the case of kindergartens and primary schools, especially in the catchment school near the residence of the child or pupil.

If the school counselling establishment finds that, due to the nature of the special educational needs of the child, pupil or student or the course and results of the provision of support measures to date, the support measures alone would not be sufficient to fulfil its educational possibilities and to exercise its right to education, its inclusion in a class, study group or department or admission to a school established pursuant to Section 16(9) of the Schools Act is possible. The condition for inclusion is a written request from an adult pupil or student or a child's or pupil's legal representative, a recommendation from a school counselling facility and compliance of this procedure with the interests of the child, pupil or student.

In such a case, the school may request approval for the establishment of a class, department or study group pursuant to Section 16(9) of the Schools Act.

When to use this service

The application shall be submitted in advance for each class, department and study group for each school year.

The exact date of application is published by the locally competent regional authority (usually June to August preceding the school year in which the class, department or study group is to be established).

Vyřízení služby - elektronicky

What you need if you are using this service

The application form is not provided for, as a general rule the application shall contain the following elements:

  • the name of the legal person carrying out the activities of the school,
  • address,
  • justification of the need to establish a class, department or study group pursuant to Section 16(9) of the Schools Act,
  • specification of the type of disability for which the class, department or study group is established,
  • justification of the inclusion of pupils with a different type of disability than the one for which the class is established (for primary schools only),
  • a statement on the existence of a recommendation from a school counselling establishment;
  • the name of the class, department or study group or year;
  • total number of children, pupils or students per class, department or study group;
  • number of pupils with different disabilities in the established class (for primary schools only);
  • Disadvantage identifiers for children, pupils or students;
  • ensuring the professional qualifications of teaching staff,
  • material conditions.

The specific requirements of the application can be found on the website of the regional authority.

Where and how to solve this service

You submit your application in a data box directly to the locally competent regional authority.

In the case of schools established by the Ministry or registered churches or religious societies, by means of a data box or through the Ministry’s Submission Portal.

Data boxes of regional authorities:

South Bohemian Region kdib3yy
South Moravian Region  x2pbqzq
Karlovy Vary Region (Karlovy Vary Region) siqbxt2
Category: Vysočina Region ksab3eu
Category: Hradec Králové Region gcgbp3q
Category: Liberec Region c5kbvkw
Moravian-Silesian Region 8x6bxsd 
Olomouc Region qiabfmf
Category: Pardubice Region z28bwu9
Pilsen Region (Pilsen Region) zzjbr3p
Central Bohemian Region Keebyyf
Ústí nad Labem Region t9zbsva
Zlín Region scsbwku
Municipality of Prague 48ia97h
Ministry data box vidaawt

How much will you pay

None

Additional information

What is the benefit of this service

The education of children, pupils or students in a class, study group or department established pursuant to Section 16(9) of the Schools Act allows special educational needs to be taken into account where support measures provided in a school, class, department or study group not established pursuant to Section 16(9) of the Schools Act are insufficient to fulfil educational opportunities and to exercise the right to education.

These include, in particular, specific measures in the organisation of education (e.g. the extent of the provision of special pedagogical care, a reduced number of children, pupils or students), teaching led by special teachers with the support of system-funded teaching assistants, but also the concentrated use of support measures (special textbooks, special teaching aids, compensatory aids).

Appeal options

The decision of the Ministry may be appealed to the Minister of Education, Youth and Sports, and the decision of the Regional Authority may be appealed to the Ministry.

Legislation

Sanctions

None

Frequently asked questions

None