Agreement In Accordance With Article 15A B-Vg About An Amendment To The Agreement In Accordance With Article 15A B-Vg On The Strengthening Of Institutional Childcare Provision

Original Language Title: Vereinbarung gemäß Artikel 15a B-VG über eine Änderung der Vereinbarung gemäß Artikel 15a B-VG über den Ausbau des institutionellen Kinderbetreuungsangebots

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_85/BGBLA_2014_I_85.html

85. agreement in accordance with article 15a B-VG about an amendment to the agreement in accordance with article 15a B-VG on the strengthening of institutional childcare provision

The Federal Government - represented by the Federal Government - which is represented by the Federal Minister for family and youth - and the States of Burgenland, Carinthia, lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg and Vienna, each represented by the Governor, - hereinafter called parties - have agreed to conclude the following agreement pursuant to article 15a of the Federal Constitution Act:

Section I

The agreement referred to in article 15a B-VG on the strengthening of institutional childcare provision, Federal Law Gazette I no 120/2011, amended as follows:

1. in article 1 replaces the word "Child care" in paragraph 2 the phrase 'Elementary children education and care'.

2. in kind. 1 the following paragraph 4 is added:

"(4) the education and quality of care for children up to school age should be further developed."

3. Article 2 to 8 are:

"Article 2

Expansion of the kinderbildungs and childcare provision

The parties agree, in the respective spheres of competence, to take appropriate steps towards the Barcelona objective of the European Union for child care, with full day and agreed to the full employment of the parents, flexible elementary children education and care is particularly encouraged. The expansion is a focus of elementary Kinderbildungs - and childcare provision for the under-3-year-old, where care should be supported by the day mothers and fathers within the meaning of article 4 No. 2 in particular.

Article 3

Purpose of grant of the Federal Government

(1) the Federal a purpose grant in the amount of 100 million euros available will be partial coverage of expenses of countries and communities related to the measures referred to in article 5 in the year 2014 which divide is as follows on the countries:



1. Burgenland: 2,882% 2. Carinthia: 6,065% 3. lower Austria: 18,184% 4 Upper Austria: 17,451% 5 Salzburg: 6.445% 6 Styria: 13,210% 7 Tirol: 8,651% 8 Vorarlberg: 4,967% 9 Vienna: 22,145% (2) the Federal Government is partial coverage of expenses of countries and communities related to the measures referred to in article 5 in the year 2015 a purpose grant in the amount of 100 million euros and in the years 2016 and 2017 a purpose grant in the amount of €52.5 million each provide , which is as follows to divided countries:



1. Burgenland: 2,904% 2. Carinthia: 5,884% 3. lower Austria: 18,188% 4 Upper Austria: 17,393% 5 Salzburg: 6,404% 6 Styria: 13,059% 7 Tirol: 8,668% 8 Vorarlberg: 4,916% 9 Vienna: 22,584% (3) countries provide funding in the following height according to the distribution key referred to in paragraphs 1 and 2 to provide for the measures referred to in article 5 in the years 2014-2017:



1. in the year 2014 in the amount of 50% of the used purpose grant of federal, 2. in 2015, amounting to 45% of the used purpose grant of federal, 3. in 2016, amounting to 40% of the used purpose grant of federal, 4 in 2017 in the amount of 35% of the used purpose grant of federal, (4) co-financing takes place in the calendar year , which uses the purpose of grant of the Federal Government. Financial resources of municipalities in addition provided for these measures, and half of the financial resources used by private receive from Kinderbildungs - and -care facilities for purposes referred to in article 5, are to be expected in the co-financing of each country.

(5) the agreement for one or several countries in one calendar year does not take effect, so their share on the purpose of grant of the Federal Government under new calculation of the distribution key in terms of increases for the other countries of para 1 and 2 according to.

(6) in the years 2015 to 2017 EUR 60 million for the early remedial language training and the overall promotion of existing talents and the Elimination of deficits should be provided the countries through a new-to-final agreement in accordance with section 15a B-VG. EUR 45 million for the early remedial language training, up to EUR 15 million are, if possible, to use taken into consideration in addition to the language even on existing funding needs and special talents.

Article 4

Definitions

Under the terms of this agreement, the terms mean:



1. elementary Kinderbildungs - and -care facilities: Public and private elementary Kinderbildungs - and care facilities for children up to the school entrance, where private are those that operate and are directed under the same admission and expulsion conditions as the public generally accessible and not on profit, not in the household as well as operational elementary Kinderbildungs and childcare facilities;

2. day mothers and fathers: People with a relevant training and a regulatory approval within the meaning of the respective children and Youth Welfare Act or the children - or day care Act, regularly take the paid care of children for part of the day;

3. half-day elementary children education and care: An institutional offer of elementary children education and care a) by qualified personnel, b) at least 45 weeks in the kindergarten year, c) at least 20 hours a week, d) weekdays from Monday to Friday and e) on average four hours a day;

4. all-day elementary children education and care: An institutional offer of elementary children education and care a) by qualified personnel, b) at least 45 weeks in the kindergarten year, c) at least 30 hours a week, d) weekdays from Monday to Friday, e) an average of six hours daily and f) with offer of lunch.

5. with agreed the full employment of the parents, elementary children education and care ('VIF criteria'): An institutional offer of elementary children education and care a) by qualified personnel, b) 47 weeks in the kindergarten year, c) at least 45 hours a 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 from 1 September to 31 August of the following year;

7. improvement of the support key: improvement of the support key to 1:4 in elementary Kinderbildungs and care facilities for under three year olds and 1:10 in kindergartens;

8 generational elementary children education and care: an institutional offer of elementary children education and care, which at least 45 weeks in the kindergarten year, at least 30 hours a week, weekdays Monday to Friday is open and offers lunch (No. 4). The support is provided by qualified personnel, including persons who have completed the age of 65 throughout the day to the extent of at least 10 hours per week;

9 extended opening hours: raising the weekly opening times in elementary Kinderbildungs and childcare facilities for at least 5 hours on at least 38 hours on weekdays from Monday to Friday, four days a week at least 9 ½ hours offering lunch, at least 45 weeks in the kindergarten year.

10 municipality spanning elementary children education and care: an institutional offer of elementary children education and care by qualified personnel, in which at least two municipalities involved;

Article 5

Dedication of the Federal purpose grant

(1) the country can use the purpose of grant of the Association referred to in article 3 for the following purposes:



1. investment grants for the creation of additional childcare places or to clean lichen quality improvement, 2 personal grants for up to three years of operation to create additional salaries ungsplätze or extending the opening hours or to improve the support key, 3. investment grants to achieve accessibility according to section 6 para 5 of the Federal Disability Equality Act (BGStG), Federal Law Gazette I no. 82/2005, 4. one-off grant to the coordination efforts for the creation of additional childcare places in cross-community elementary children education and care , 5. investment grants to the creation of educational and support services in day mothers and fathers, 6 grants for the training of support staff in elementary Kinderbildungs - and care-facilities and day mothers and fathers, 7 subsidies to wage costs and the administration costs for the employment of additional day mothers and fathers for a maximum three years, 8 grants to expenses for awareness-raising measures for the application of the profession of elementary teacher / of elementary teachers and the profession the day mother / father's day in women and men.

(2) investment grants pursuant to par. 1 Z 1 can be used in the following height: 1 maximum 125,000 euro per group for the creation of additional childcare places 2.

maximum 50,000 euro per group for spatial quality improvements (3) personal subsidies referred to in paragraph 1 No. 2 can be used to create additional places in elementary Kinderbildungs and childcare facilities in the following amount:



1 maximum 2,000 euro per year for every additional facilities in accordance with article 4 No. 3 created day care place, 2 maximum 3,000 euro established annually for each additional facilities in accordance with article 4 Z 4 care, 3. maximum 4,500 euros per year for each additional facilities in accordance with article 4 No. 5 created day care place.

4. maximum of 4,000 euros per year for each in addition in bodies referred to in article 4 Z (4) personal subsidies referred to in paragraph 1 can 8 created day care place Z 2 to improve the support key or be used to extend the opening hours in the following amount:



1 maximum of 45,000 euros of per additional full-time personnel and year, 2 maximum 30,000 euros of per additional full-time research assistant and year.

(5) investment grants can be used pursuant to paragraph 1 in the amount of maximum 30,000 euros per group Z 3.

(6) one-time subsidies referred to in paragraph 1 Z 4 can be used in the height of maximum 20,000 euros.

(7) investment grants can be used Z 5 referred to in paragraph 1 at a height not to exceed 750 euros for each additional childminder, and every additional day father.

(8) the aid referred to in paragraph 1 can be used in the following height Z 6:



1 750 euro per person per course, 2nd 1,000 euros per person per course, which was awarded by the Federal Ministry for family and youth with the label "Training course for day mothers and fathers".

(9) grants referred to in paragraph 1 Z 7 can be used in the following amount:



1. wage subsidies not to exceed 10,000 euros per day mother or father and year, 2 grants for the administration costs of maximum €5,000 per day mother or father and year.

(10) Z 8 grants referred to in paragraph 1 can be used up to 50,000 euro per State per calendar year.

(11) each country can use Z 5-Z 7 up to 40% of the Federal purpose grant for the creation of child care for three to six years up to 35% of the purpose of grant of the Federal Government and for the purposes referred to in paragraph 1.

Article 6

Statement of the purpose of grant of Federal

(1) the country has until 30 June of the calendar year, last to June 30, 2018, the Federal Ministry for family and youth, as well as the Federal Ministry of education and women annually to provide a confirmation of the use of the funds granted by the Federal Government in the previous calendar year. The confirmation, in addition created places in elementary Kinderbildungs and childcare facilities must be broken down by hours and ages, the measures for improving the service key, to extend the opening hours to improve spatial quality, to achieve accessibility, the further development of child minders/father provision and awareness-raising as well as grants for each granted and whose purpose is evident. The country has to represent also the funds spent in the preceding calendar year for the purpose in accordance with article 5.

(2) purpose of federal grants, which can not be settled in one calendar year can be used in the following calendar year and are to be settled together with the means of this calendar year. Half of the Federal, purpose grants which are granted in the year 2014, can be used also in 2016 and are to be settled together with the means of this calendar year.

(3) the country has the purpose grant of the Federal Government granted for each calendar year as far as back to reimbursed, as in that calendar year



1. the dedication intended purpose subsidies of the Federal Government on the basis of the amounts set out in article 5 could not be established or 2 the country not the article 3 para 3 has granted provided funds for purposes in accordance with article 5.

(4) on the side of the Federal Government, the Federal Ministry of finance in agreement with the Federal Ministry for family and youth and the Ministry of education and women are called to the decision about the settlement.

(5) the Federal Ministry for family and youth sent the countries up to no later than September 30, 2014 a form for the proof of the dedication intended of the Federal, which was jointly worked out by the parties grants of of purpose, as well as a collection of evidence to be presented.

Article 7

Adaptation of laws

The Federal and State regulations if necessary to the implementation of this agreement include retroactively with in force 1 January 2014. The countries will not increase the maximum number foreseen in the State regulations on children in Kinderbildungs - and care facilities in terms of measures the elemental Kinderbildungs and childcare facilities expansion and not to reduce the minimum number of caregivers for Kinderbildungs - and childcare facilities.

Article 8

Payments of the Federal

(1) that article 3 para 1 in December 2014 is the announced the land account payment of the Federal purpose grant in accordance with. The purpose of grant of the Federal Government according to article 3 para 2 are paid in two equal great rates, respectively in June and December of each calendar year on the announced the country account.

(2) the payment is made by the Federal Ministry of finance. "In paying any repayment obligations can (art. 6 para. 3) be expected."

4. art. 10 is as follows:

"Article 10

Quality assurance

The Contracting Parties agree to develop nationwide recommendations on minimum standards in child care to ensure the quality of care in Kinderbildungs - and childcare services. A national quality framework will be developed for the elementary educational facilities by 2016. Hiefür"

Section II

(1) after the constitutional requirements for the entry into force exist until the expiry of the 30 November 2014, this agreement is retroactively with 1 January 2014, article in force until expiry of the 30 November 2014 after the country's constitutional requirements for the entry into force meet the 4 Z 3 and Z 4 with retroactive effect with September 1, 2013 between the Federal Government and that country or those countries and inform the Federal Chancellor's Office.

(2) the requirements for the entry into force of the Federal Constitution are not available until the expiry of the 30 November 2014 or no country satisfies the conditions referred to in paragraph 1, shall enter this agreement with the next 1 January of that year of calendar, where the conditions are met, 4 Z occur article 3 and Z 4 with 1 September of the previous calendar year in force.

(3) after the entry into force of the agreement between the Federal Government and at least one country referred to in paragraph 1 or 2 this becomes effective with the other countries each 1 January of that calendar year, where the conditions referred to in paragraph 1 are met until end of March of 31. 3 and Z 4 apply article 4 Z with September 1 of the previous calendar year.

(4) in the cases referred to in paragraph 2 and 3, the 1st of January of the calendar year of the entry into force apply by way of derogation of article 7.

(5) after 31 December 2016, not more for the first time the conditions can be met according to para 1, 2 or 3 of the agreement.

(6) the Federal Chancellor's Office will inform the conditions the countries according to para 1, 2 or 3.

(7) this agreement is issued in a single original. The original copy is deposited with the Chancellor's Office. This has to transmit certified copies of the agreement to all Contracting Parties.

 

The agreement is retroactive with 1 September 2013, entered into force retroactively in the rest with 1 January 2014 according to their section II paragraph 1 with regard to article 4, Z 3 and Z 4.

Ostermayer