Agreement in accordance with Article 15a B-VG on an amendment to the agreement referred to in Article 15a B-VG on the development of institutional childcare provision

The Federal Government-represented by the Federal Government-represented by the Federal Minister for Families and Youth, and the Länder of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg and Vienna, respectively. represented by the Landeshauptmann, hereinafter referred to as the Contracting Parties, have agreed to conclude the following agreement in accordance with Article 15a of the Federal Constitutional Law:

Section I

The agreement in accordance with Article 15a B-VG on the development of institutional childcare provision, BGBl. I No 120/2011, as amended:

1. In Article 1, the word shall be given in paragraph 2. "Childcare" through the phrase "elemental children's education and care" replaced.

2. The following paragraph 4 is added to Art.1:

"(4) The quality of education and care for children up to school entry is to be developed further."

3. Art. 2 to 8 are:

" Article 2

Expansion of the childcare and childcare provision

The Contracting Parties agree to take the appropriate measures, within their respective spheres of competence, in order to seek the Barcelona objective of the European Union for childcare, with full-time and full-employment of the parents. compatible, flexible basic children's education and care. The main focus is on the development of the basic childcare and childcare provision for the under-three-year-olds, with the support of the daily mothers and fathers in the sense of Art. 4 Z 2 to be supported in a special way.

Article 3

Federal purpose grant

(1) In order to partially cover the effort of the Länder and municipalities in connection with the measures pursuant to Art. 5 in 2014, the Federal Government will make available a special purpose grant of EUR 100 million, which shall be applied to the Länder as follows: is to be split:

1.		Burgenland:							2.882%
2.		Carinthia:							6.065%
3.		Lower Austria:							18.184%
4.		Upper Austria:							17.451%
5.		Salzburg:							6.445%
6.		Steiermark:							13.210%
7.		Tyrol:							8.651%
8.		Vorarlberg:							4.967%
9.		Vienna:							22.145%

(2) In order to partially cover the effort of the Länder and municipalities in connection with the measures pursuant to Art. 5 in 2015, the Federal Government will have a special purpose grant of EUR 100 million and in the years 2016 and 2017 a special purpose grant in the Amount of EUR 52.5 million each, which is to be divided among the countries as follows:

1.		Burgenland:							2.904%
2.		Carinthia:							5.884%
3.		Lower Austria:							18.188%
4.		Upper Austria:							17.393%
5.		Salzburg:							6.404%
6.		Steiermark:							13.059%
7.		Tyrol:							8.668%
8.		Vorarlberg:							4.916%
9.		Vienna:							22.584%

(3) Countries shall make available for the measures referred to in Article 5 in the years 2014 to 2017 financial resources at the following level in accordance with the allocation key referred to in paragraphs 1 and 2.

1.		in 2014 in the amount of 50% of the federal purpose subsidy used,
2.		in 2015 in the amount of 45% of the Federal Government's intended purpose grant,
3.		in 2016, at the rate of 40% of the Federal Government's intended purpose grant,
4.		in 2017, at the level of 35% of the Federal Government's intended purpose grant,

(4) Co-financing shall be carried out in the calendar year in which the purpose of the Federal Government's purpose is to be used. Financial resources of the municipalities which are made available in addition to these measures, and half of the financial resources used by private holders of children's education and care facilities for the purposes of Article 5, shall be provided by: the co-financing of the country concerned.

(5) If the agreement does not enter into force for a country or several countries in a calendar year, the share of the Federal Government's special purpose grant shall be increased for the other countries in recalculation of the distribution key within the meaning of (1) and (2) accordingly.

(6) In the years 2015 to 2017, the countries should have a new agreement to be concluded in accordance with Art. 15a B-VG 60 million for early language support and the overall promotion of existing givings and the elimination of deficits shall be made available. Of these, EUR 45 million is to be used for early language support and up to EUR 15 million, if possible, to ensure that, in addition to language, it is also taken into account for existing support needs and special talents.

Article 4

Definitions

For the purposes of this Agreement, the terms shall mean:

1.		Elementary children's education and care facilities:
		Public and private elemental children's education and care facilities for children up to school entry, private ones being those who do not work in the private household and under the same admission and exclusionary conditions as the publicly accessible and not profit-making, as well as occupational elemental children's education and care services;
2.		Day nursery and fathers:
		Persons with a specialist training and an administrative authorization within the meaning of the respective Children's and Youth Aid Act or the respective children's and/or the respective children's or Day care law, which regularly takes over the care of children for part of the day;
3.		Half-day elemental children's education and care:
		An institutional offer of elementary children's education and care
a)			by qualified staff,
b)			at least 45 weeks in the kindergarten year,
c)			at least 20 hours per week,
d)			weekdays from Monday to Friday and
e)			an average of four hours daily;
4.		Full-day elemental children's education and care:
		An institutional offer of elementary children's education and care
a)			by qualified staff,
b)			at least 45 weeks in the kindergarten year,
c)			at least 30 hours per week,
d)			weekdays from Monday to Friday,
e)			an average of six hours daily and
f)			with offer of lunch;
5.		Basic children's education and care ("VIF criteria") to be agreed with the full employment of the parents:
		An institutional offer of elementary children's education and care
a)			by qualified staff,
b)			at least 47 weeks in the kindergarten year,
c)			at least 45 hours per week,
d)			weekdays from Monday to Friday,
e)			four days a week at least 9 ½ hours and
f)			with offer of lunch;
6.		Kindergarten year:
		Period between 1 September and 31 August of the following year;
7.		Improvement of the care key:
		Improvement of the child care key to 1: 4 in elementary child education and care facilities for under-three-year-olds and to 1:10 in kindergartens;
8.		Cross-generational elemental children's education and care:
		An institutional offer of basic children's education and care, which is open at least 45 weeks in the kindergarten year, at least 30 hours per week, weekdays Monday to Friday, and offers lunch (Z 4). The support is provided by qualified personnel, including persons who are 65. have completed at least 10 hours per week in the day-to-day routine;
9.		Extension of opening hours:
		Raising weekly hours in elementary children's education and care facilities by at least 5 hours on at least 38 hours on weekdays from Monday to Friday, at least 9 ½ hours on four days per week, with lunch offer, at least 45 weeks in the kindergarten year;
10.		Cross-community elemental children's education and care:
		An institutional offer of basic child education and care by qualified staff, in which at least two municipalities participate;

Article 5

Dedication of the federal government grant

(1) The respective country may use the special purpose grant of the federal government pursuant to Art. 3 for the following purposes:

1.		Investment grants for the creation of additional childcare places or for improving quality in space,
2.		Personnel costs for a maximum of three years of operation to create additional childcare places or to extend the opening hours or to improve the care key,
3.		Investment grants to achieve accessibility in accordance with § 6 (5) of the Federal Disability Equality Act (BGStG), Federal Law Gazette (BGBl). I No 82/2005,
4.		one-off contribution to the coordination effort for the creation of additional childcare places in inter-communal basic children's education and care,
5.		Investment grants to create new education and care services for day-mothers and fathers,
6.		Grants to train auxiliary staff in elementary children's education and care facilities, as well as day-mothers and fathers,
7.		Subsidies for wage costs and administrative expenses for the employment of additional day mothers and fathers for a maximum of three years,
8.		Grants for expenses for awareness-raising measures to apply for the profession of the elementary educationalist and the profession of the day mother/day father of women and men.

(2) Investment grants pursuant to paragraph 1 (1) (1) may be used at the following level:

1.		a maximum of EUR 125,000 per group for the creation of additional childcare places
2.		maximum 50,000 euros per group for spatial quality improvements

(3) Personnel costs in accordance with paragraph 1 Z 2 may be used to create additional places in elementary children's education and care facilities at the following level:

1.		a maximum of EUR 2,000 per year for each additional childcare place created in the facilities referred to in Article 4 Z 3;
2.		a maximum of EUR 3,000 per year for each additional childcare place created in the facilities referred to in Article 4 Z 4;
3.		a maximum of EUR 4,500 per year for each additional childcare place created in the facilities referred to in Article 4 Z 5.
4.		a maximum of EUR 4,000 per year for each of the additional childcare facilities provided for in the facilities referred to in Article 4 Z 8

(4) Personnel costs in accordance with paragraph 1 (2) may be used to improve the key-care key or to extend the opening hours at the following height:

1.		a maximum of EUR 45,000 per additional full-time professional and year,
2.		a maximum of 30,000 euros per additional full-time assistant and year.

(5) Investment grants in accordance with paragraph 1 Z 3 may be used in the amount of a maximum of 30,000 euros per group.

(6) One-off grants in accordance with Section 1 (4) may be used in the amount of a maximum of EUR 20 000.

(7) Investment grants in accordance with paragraph 1 Z 5 may be used in the amount of a maximum of 750 euros for each additional day-mother and every additional day-father.

(8) Grants pursuant to paragraph 1 Z 6 may be used at the following level:

1.		750 Euro per person and course,
2.		1,000 euros per person and course, which was awarded the "Training Course for Day Mütters and Fathers" by the Federal Ministry for Families and Youth.

(9) Grants pursuant to paragraph 1 Z 7 may be used at the following level:

1.		Wage subsidies of a maximum of 10,000 euros per day mother or father and year,
2.		Grants for administration expenses of a maximum of € 5,000 per day mother or father and year.

(10) Grants pursuant to paragraph 1 Z 8 may be used for up to € 50,000 per Land and per calendar year.

(11) The respective country may use up to 35% of the Federal Government's special purpose grant for the creation of childcare places for three to six-year olds and up to 40% of the Federal Government's special purpose grant for the purposes referred to in paragraph 1 Z 5 to Z 7.

Article 6

Invoicing of the Federal Government's Special Aid

(1) The Federal Ministry for Families and Youth as well as the Federal Ministry of Education and Women (Federal Ministry of Education and Women) have until 30 June of a calendar year, the last time as at 30 June 2018, an annual confirmation of the use of the Federal Government in the Federal Republic of Germany. the grant of grants awarded to the previous calendar year. From the confirmation, the number of places additionally created in elementary children's education and care facilities must be broken down by opening hours and age groups, the measures to improve the care key, to the Extension of opening hours, spatial quality improvement, the achievement of accessibility, the further development of the daily maternal/paternal offer and awareness raising as well as the grants and their purpose each can be seen. The country shall also present the national funds spent in the preceding calendar year for the purposes referred to in Article 5.

(2) Special purpose grants from the Federal Government, which cannot be settled in a calendar year, may be used in the following calendar year and are to be billed together with the funds of this calendar year. In addition, half of the Federal Government grants awarded in 2014 can also be used in 2016 and can be deducted together with the resources of this calendar year.

(3) The country shall reimburse the Federal Government's special purpose grant for the relevant calendar year to the extent that it has been granted in the calendar year concerned.

1.		the use of the Federal Government's special purpose grants has not been demonstrated, on the basis of the amounts referred to in Article 5, or
2.		the country has not granted the funds provided for in Article 3 (3) for the purposes referred to in Article 5.

(4) The Federal Ministry of Finance, in agreement with the Federal Ministry for Families and Youth, and the Federal Ministry of Education and Women, are appointed by the Federal Ministry of Finance to decide on the settlement.

(5) The Federal Ministry for Families and Youth shall submit a form to the Länder until 30 September 2014 for the purpose of demonstrating the use of the special purpose grants of the Federal Government, which shall be jointly developed by the contracting parties. , as well as a list of the evidence to be submitted.

Article 7

Adaptation of laws

The necessary federal and state regulations for the implementation of this agreement are retroactive with 1. Jänner 2014 in force. Countries do not become the maximum number of children in children's education and care facilities provided for in national legislation, with a view to the development of elementary child education and care facilities. , and do not reduce the minimum number of caring staff for children's education and care facilities.

Article 8

Federal payments

(1) The payment of the Federal Government grant pursuant to Article 3 (1) shall take place in December 2014 on the account announced by the Land. The payment of the Federal Government grant pursuant to Article 3 (2) shall take place in two equal instalations, each in June and in December of each calendar year, on the account announced by the Land.

(2) The payment shall be made by the Federal Ministry of Finance. The disbursals can be subject to any repayment obligations (Art. 6 (3). "

4. Art.10 is:

" Article 10

Quality assurance

The contracting parties agree to draw up nationwide recommendations on minimum standards in child care in order to ensure the quality of care in children's education and care services. The aim is to develop a nationwide quality framework for the elementary educational institutions by 2016. "

Section II

(1) If the conditions required under the Federal constitution for the entry into force of the Agreement are fulfilled by the end of the 30 November 2014, this Agreement shall enter into force retroactively with 1. January 2014, Art. 4 Z 3 and Z 4 retroactively with 1 September 2013 between the federal government and the country respectively to those countries which, by the end of 30 November 2014, fulfil the conditions required by the country's constitution for the entry into force of the country and communicate this to the Federal Chancellery.

(2) Until the end of 30 November 2014, if the conditions for entry into force after the Federal constitution do not exist or if no country fulfils the conditions laid down in paragraph 1, this agreement shall enter into force with the next 1. In that calendar year in force, in which the conditions are fulfilled, Art. 4 Z 3 and Z 4 shall enter into force on 1 September of the previous calendar year.

(3) After the entry into force of the agreement between the Federal Government and at least one country pursuant to para. 1 or 2, the agreement shall be in each case 1. It shall take effect from that calendar year in which the conditions laid down in paragraph 1 have been met by the end of 31 March. Art. 4 Z 3 and Z 4 shall enter into force on 1 September of the previous calendar year.

(4) In the cases referred to in paragraphs 2 and 3, by way of derogation from Art. 7 of the 1. Jänner of the calendar year of the respective entry into force.

(5) After 31 December 2016, the conditions set out in paragraphs 1, 2 or 3 for the agreement may no longer be fulfilled for the first time.

(6) The Federal Chancellery shall communicate to the Länder the fulfilment of the conditions set out in paragraphs 1, 2 or 3.

(7) This agreement shall be drawn up in a single original. The original text will be deposited with the Federal Chancellery. This has to transmit certified copies of the agreement to all the contracting parties.

Pursuant to Section II (1) of the Agreement, the Agreement shall be retroactive with effect from 1 September 2013 in respect of Art. 4 Z 3 and Z 4, otherwise retrospectively with 1. Jänner entered into force in 2014.

Ostermayer