Inclusion of a child, pupil or student in a school, class, department or study group established pursuant to Section 16(9) of the Schools Act

Main information

As a rule, the education of children, pupils or students with disabilities takes place in a school, class, department or study group which is not established pursuant to Section 16(9) of the Education 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.

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).

Only a child, pupil or student may be admitted to a school or assigned to a class, department or study group established pursuant to Section 16(9) of the Schools Act if the school counselling establishment finds that, due to the nature of the special educational needs 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 opportunities and exercise its right to education.

A child, pupil or student may be admitted to a school or assigned to a class, department or study group established pursuant to Section 16(9) of the Schools Act on the basis of a written request from an adult pupil or student or a legal representative of a minor, a recommendation from a school counselling facility and the compliance of this procedure with the interests of the child, pupil or student.

The recommendation of the school counselling establishment shall be valid for the period specified therein, up to a maximum of 2 years, with validity of up to 4 years in justified cases. In the case of a recommendation to include a child, pupil or student in a school, class, department or study group for children, pupils or students with mild mental disabilities, the first recommendation is valid for a maximum of 1 year and then for a maximum of 2 years.

The recommendation shall clearly state the reasons for recommending education in a school, class, department or study group established pursuant to Section 16(9) of the Education Act and the fulfilment of the conditions laid down in Section 16(9) of the Education Act.

No later than 7 days from the date on which an adult pupil or student or the legal representative of a minor expresses an interest in admission to school or inclusion in a class, department or study group established pursuant to Section 16(9) of the Schools Act, the school is obliged to inform him or her of the organisation of education, differences in comparison with existing education and related organisational changes, the structure of the school education programme and the composition of subjects including subjects of special pedagogical care, the possibilities of the school to ensure the provision of support measures recommended for education, the impact of education in the school, class, department or study group established pursuant to Section 16(9) of the Schools Act on the possibilities of developing educational potential and the possibilities of further education and professional career. The application of an adult pupil or student or the legal representative of a minor shall be accompanied by a written copy of the instruction containing this information and a signature confirming that he or she has understood this information and by the recommendation of the school counselling facility.

This applies to you if

You sought help from a school counselling facility that recommended education in a school, class, department or study group established pursuant to Section 16(9) of the Schools Act in a recommendation for the education of a child, pupil or student with special educational needs.

When to use this service

Anytime during the school year.

The application shall be submitted to the headmaster of a school established pursuant to Section 16(9) of the Schools Act or of a school in which classes, departments or study groups established pursuant to Section 16(9) of the Schools Act are established, by electronic means (by data box or email with electronic signature), in person or by post. The application is accompanied by a written recommendation from the school counselling facility.

Additional information

What is the benefit of this service

If education in a school, class, department or study group established pursuant to Section 16(9) of the Education Act is recommended by a school counselling facility, it is a method of education in the interest of the child, pupil or student, aimed at fulfilling his or her educational possibilities and exercising his or her right to education.

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 not sufficient.

Education includes specific measures in the organization (e.g. the extent of the provision of special pedagogical care, a reduced number of children, pupils or students), teaching led by special educators 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 appeal against the decision of the headmaster of the school is decided by the regional authority or the City of Prague competent according to the seat of the school.

The appeal is filed through the headmaster of the school.