Management and Other Education Staff

Each sector of the education system has adopted a different approach to management, monitoring and guidance staff. In general, however, arrangements for the school education sector are laid down in the national legislation in much greater detail than for the higher education sector. As far as qualification requirements are concerned:

• The school education legislation specifies requirements for management, monitoring, guidance and counselling and other staff.
• The higher education legislation lays down only general requirements for management staff, whereas higher education institutions (HEIs) are free to determine their own qualification requirements for monitoring, career guidance and other staff. However, for counselling or psychological support staff, HEIs follow general legislation on professional psychologist practice and psychotherapy. Monitoring, guidance, counselling and other non-academic staff are employed in accordance with the generally applicable labour law regulations and internal regulations of HEIs.
• Staff employed in adult education institutions which are part of the school education system are covered by the legislation applicable to staff working in nursery schools, schools and other educational institutions within the school education system. Adult education providers outside the school education system are not subject to any specific legislation; they recruit and employ their management and other staff based on the generally applicable labour law regulations and their internal regulations.

Management staff

• The school education legislation specifies qualification requirements for this category of staff in public institutions, while giving full autonomy to non-public institutions in staffing matters. General requirements set by the higher education legislation apply to rectors in both public and non-public HEIs, but additional requirements, which refer to academic qualifications and the age limit, are in place for the rector of a public HEI.
• Appointment requirements for both the head of a public institution in the school education system (including adult education) and the rector of a public or non-public HEI include, among other things, a higher education qualification (and, additionally, at least a doctoral degree for the rector of a public HEI) and formal-and-legal conditions (for example, full legal capacity; full public rights; no criminal record). Aside from requirements specific to school education, a candidate for the head of a public nursery school, school or another public school education institution is required to hold a formal qualification in management. The rector of an HEI is responsible for institutional management, but the statutory requirements do not include a formal qualification or experience in management. HEIs may lay down additional requirements in their internal regulations.

Monitoring staff

• A key role in internal quality assurance in the school education system is played by the head of an institution who is responsible for so-called internal pedagogical supervision, including quality evaluation and monitoring of the performance of an institution. The responsibilities and powers of the head in evaluation and monitoring are regulated in detail by the legislation. The legislation also specifies qualification requirements for, and tasks of, inspectors in the Regional Education Authorities responsible for external pedagogical supervision, including quality evaluation and monitoring of school education institutions. Inspectors should have a higher education qualification and a relevant professional promotion grade awarded to teachers, and a formal qualification in administration or management or work experience in the school education system.
• HEIs have extensive autonomy in designing their internal quality assurance approaches; the legislation lays down only some general requirements related to the quality of degree programmes and the powers and responsibilities of the rector of an HEI with regard to teacher performance appraisal. As part of their autonomy, HEIs adopt various organisational arrangements; for example, they appoint individuals or establish committees and / or units for quality assurance. Such committees usually consist of academic and administrative staff, students and doctoral students, whereas most of those working in quality assurance units on a regular basis are administrative staff. Qualification requirements for members of such bodies and staff in such units and their responsibilities are internally determined by individual HEIs.

For details about quality assurance, see Chapter 11.

Guidance staff

• Institutions in the school education system employ teachers-pedagogues, psychologists, educational therapists, speech therapists, careers advisors, and teachers-methodological advisers and consultants. Qualification requirements and responsibilities for all these groups of specialists are laid down in the legislation. All should have a higher education qualification and a teaching qualification.
• In accordance with the generally applicable legislation on professional psychologist practice and psychotherapy, counselling services in the higher education sector are provided by specialists who hold a Master’s or equivalent degree, obtained upon completion of a programme in one of the fields of study specified in law, and a qualification in psychotherapy. There are no specific national regulations on counselling or career guidance staff in higher education. Qualification requirements for career guidance staff and responsibilities of counselling and career guidance staff are laid down by HEIs within their autonomy.

Other staff

• Within the school education system, institutions employ teachers-librarians and support teachers and teacher assistants, and healthcare services in schools are provided by school nurses or school hygienists and dental practitioners. Qualification requirements for, and responsibilities of, these groups of staff are specified in the legislation on school education or healthcare.
• The higher education legislation makes a distinction between two staff categories, academic staff (see Chapter 9) and non-academic staff, but does not specify groups, positions, qualification requirements or responsibilities for non-academic staff. Such matters are internally regulated by HEIs.

Legislation

General legislation

• Act of 26 June 1974, The Labour Code (as subsequently amended): specifies rights and duties of employees, as part of the employment relationship, which are not regulated by specific legislation; the Code applies, for example, to non-teaching heads of public nursery schools, schools and other public institutions, heads of non-public nursery schools, schools and other non-public institutions, and non-academic staff employed in HEIs.
• Act of 10 October 2002 on the Minimum Wage (as subsequently amended): sets, among other things, an annually inflation-indexed minimum monthly salary for employees.
• Act of 17 December 1998 on Retirement Pensions and Disability Pensions from the Social Security Fund (as subsequently amended): specifies the state pension age and pension benefits.
• Act of 8 June 2001 on the Profession of Psychologist and the Professional Self-Government of Psychologists (as subsequently amended), and Regulation of the Minister of Health of 19 June 2019 on state-guaranteed mental health and addiction treatment services (as subsequently amended): lay down qualification requirements for psychologists and psychotherapists.

Legislation on school education and adult education within the school education system

• Act of 14 December 2016, The Law on School Education (as subsequently amended): the key legislative act for the school education system; it specifies the responsibilities of heads of nursery schools, schools and other institutions, and forms of pedagogical supervision, incl. quality assurance.
• Act of 26 January 1982, The Teachers’ Charter (as subsequently amended): the key legislative act for teachers, incl. teaching heads; it lays down conditions of service for teaching heads of public nursery schools, schools and other institutions, their responsibilities with regard to teaching, educational and care-related activities of institutions, and general performance appraisal arrangements for teaching heads.
• Act of 22 May 2009 on Teachers’ Compensation Allowances (as subsequently amended): grants special pension benefits to teachers.
• Civil Service Act of 21 November 2008 (as subsequently amended): lays down conditions of service for, among others, staff in the Regional Education Authorities responsible for external quality assurance of nursery schools, schools and other institutions.
• Act of 21 November 2008 on Local Government Employees (as subsequently amended): lays down conditions of service for non-teaching heads in public nursery schools, schools and other institutions which are administered by local government units.
• Act of 12 April 2019 on Healthcare Services for Pupils: specifies qualification requirements and responsibilities for staff providing healthcare services in schools.
• Regulation of the Prime Minister of 29 January 2016 on positions, qualification requirements and professional promotion grades for civil servants, salary indexes and detailed rules for calculating and granting other benefits available to members of the civil service corps (as subsequently amended): specifies, among other things, positions and remuneration arrangements for staff in the Regional Education Authorities responsible for external quality assurance of nursery schools, schools and other institutions.
• Regulation of the Minister of National Education of 29 December 1998 on the organisational structure of the Regional Education Authorities and the establishment of their branches (as subsequently amended): specifies, among other things, positions in the Regional Education Authorities which require teaching / pedagogical qualifications, incl. inspectors responsible for external quality assurance of nursery schools, schools and other institutions.
• Regulation of the Council of Ministers of 15 May 2018 on the remuneration of local government employees (as subsequently amended): lays down remuneration arrangements for, among others, non-teaching heads of public nursery schools, schools and other public institutions which are administered by local government units.
• Regulation of the Minister of National Education of 31 January 2005 on the minimum rates of the basic pay for teachers, other work-related benefits and allowances and pay for work on days free of duty (as subsequently amended): sets on an annual basis salary rates for teachers, incl. teaching heads.
• Regulation of the Minister of National Education of 25 August 2017 on pedagogical supervision (as subsequently amended): regulates matters related to external quality assurance by staff of the Regional Education Authorities and internal quality assurance by heads of nursery schools and other institutions.
• Regulation of the Minister of National Education of 11 August 2017 on the requirements for individuals holding the position of head and other management positions in public nursery schools, primary and post-primary schools and other public educational institutions (as subsequently amended): lays down detailed qualification requirements for heads.
• Regulation of the Minister of National Education of 11 August 2017 on the rules for a competition for the position of head of a public nursery school, primary school, post-primary school or another public educational institution, and the rules of procedure for a competition committee (as subsequently amended): lays down a detailed procedure for the conduct of competitions.
• Regulation of the Minister of National Education of 1 August 2017 on qualification requirements for teachers (as subsequently amended): lays down detailed qualification requirements for teachers, incl. teaching heads.
• Regulation of the Minister of National Education of 19 August 2019 on the procedure for the performance appraisal of teachers, including teachers holding management positions, detailed information to be provided in a performance appraisal sheet, the composition and procedure for the establishment of an appraisal board, and the detailed appeals procedure: specifies, among other things, detailed arrangements for performance appraisal of heads in nursery schools, schools and other educational institutions.
• Regulation of the Minister of National Education of 9 August 2017 on the rules for provision and organisation of psychological and pedagogical support in public nursery schools and schools and other public educational institutions (as subsequently amended): specifies, among other things, the responsibilities of counselling specialists in nursery schools, schools and other institutions.
• Regulation of the Minister of National Education of 9 August 2017 on the conditions for providing education and care to children and young people with disabilities, socially maladjusted and at risk of social maladjustment (as subsequently amended): specifies, among other things, the responsibilities of the head of a nursery school, school or other institution in the areas covered by the regulation.

Legislation on higher education

• Act of 20 July 2018, The Law on Higher Education and Science (as subsequently amended): the key legislative act for higher education; it specifies, among other things, general appointment requirements, employment conditions and the powers and responsibilities of the rector of an HEI, and general requirements for staff holding management positions in an HEI.