Agreement In Accordance With Article 15A B-Vg On Half-Day Free And Obligatory Early Support In Institutional Kinderbildungs And Childcare Facilities In The Kindergarten Years 20...

Original Language Title: Vereinbarung gemäß Artikel 15a B-VG über die halbtägig kostenlose und verpflichtende frühe Förderung in institutionellen Kinderbildungs- und -betreuungseinrichtungen in den Kindergartenjahren 20...

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Agreement in accordance with Art. 15a B-VG on the half-day free and compulsory early support in institutional children's education and care facilities in the Kindergartenyears 2015/16, 2016/17 and 2017/18

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, represented by the Regional Governor-hereinafter referred to as "Landeshauptmann"-hereinafter referred to as "Landeshauptmann". Contractual partners-have agreed to conclude the following agreement in accordance with Art. 15a of the Federal Constitutional Law:

Article 1

Objective

(1) In order to provide all children with the best educational opportunities and opportunities to start their careers, regardless of their socio-economic background, children should be obliged to attend appropriate institutional children's education and training, and -care facilities are required.

(2) Children who have a lack of knowledge of the German language are to be particularly encouraged before the beginning of compulsory schooling, so that they can proficiate the language of German if they enter the first school level of the primary school.

(3) The free or reduced half-day visit of appropriate institutional children's education and care facilities is to further relieve families.

Article 2

Education Tasks

(1) Institutional children's education and care institutions have the task of promoting, to a particular extent, physical, mental, mental, linguistic, ethical and social development through age-appropriate education and training, tried and tested methods of infant pedagogics to support the achievement of school ability.

(2) In the context of personality formation, each individual child is to be accepted as his own personality in his wholeness, to strengthen and to prepare for the school. His rights, dignity, joy and curiosity are to be respected and promoted.

(3) Learning takes place in a form that is holistic and playful for the child, while avoiding rigid time structures and school-like teaching units, taking into account early childhood learning forms.

(4) Countries are required to comply with and control the Education Framework, the module for 5-year-olds and the education plan-share language.

Article 3

Definitions

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

1.

Appropriate institutional children's education and care facilities:

Public and private kindergartens, as well as age-related groups, which have the necessary state-of-the-art permits or a display of the uptake of the company and/or the company. in the case of nursery schools in educational establishments and other childcare facilities, where private individuals are not in the private household and are subject to the same reception and reception facilities, Exclusive conditions, such as public access and non-profit, as well as basic child education and care services, in which the educational tasks referred to in Article 2 are fulfilled.

2.

Holder of an institutional children's education and care facility:

Local authorities, natural or legal persons who are responsible for the provision and provision of care for the spatial, factual and human needs to operate a child-education and care facility.

3.

Kindergarten year:

This corresponds to the teaching year in the sense of § 8 para. 1 School Law 1985.

4.

Half-day mandatory visit:

A period of 16 to 20 hours of at least four days per week, determined by the nursery holder, in which the educational tasks referred to in Article 2 are followed by structured pedagogical activities.

5.

Education framework plan, module for 5-year-olds and education plan-Share language:

the Federal Cross-national Education Framework Programme for elementary educational institutions in Austria and the education plan-share of language support in elementary educational institutions (2009) and the module for 5-year-olds (2010) of the offices of State governments of the Austrian federal states, the Magistrats of the City of Vienna and the Federal Ministry of Education, Arts and Culture and the Federal Ministry for Economic Affairs, Family and Youth.

Article 4

Scope of the obligation to visit

(1) Countries undertake to lay down the obligation for a half-day visit of appropriate institutional childcare and care facilities, with due regard to the provisions of paragraphs 2 to 6.

(2) In order to visit appropriate institutional childcare and care facilities, those children shall be obliged to attend the 5 years prior to 1 September of each year. They have completed their life year and will be subject to compulsory schoeneting in the following year. Excluded from this are children who attend school prematurely, as well as those children who are due to a disability or for medical reasons, or who are not. on the basis of special special educational support requirements or due to the distance or difficult path relationships between place of residence and nearest suitable institutional child-education and care facility of the visit cannot be expected. At the request of the parents and other persons responsible for the care, those children may be exempted from the obligation to do so in the context of their home education or training. shall be carried out by a mother of the day, provided that the educational tasks and objectives referred to in Article 2 are fulfilled.

(3) The obligation to visit is valid during the kindergarten year, with the exception of school-free days and school holidays according to § 8 para. 3 and 4 Schulzeitgesetz 1985, which are regulated according to the respective national regulations. As an exception, there is also a possible unusefulness of the building as well as the other reasons mentioned in Section 8 (8) of the Schulzeitgesetz 1985.

(4) The compulsory attendance of the institutional children's education and care facility must be made on at least four days per week for 16 to 20 hours.

(5) The absence of the child shall be permitted only in the event of a justified prevention of the child. This is especially for holidays (max. 5 weeks), illness of the child or of the parents as well as exceptional events.

(6) In the event of a breach of the obligation to visit, administrative criminal penalties shall be imposed nationwide as far as possible against the parents or other persons entrusted with care and education, which shall apply at the national law level. rules.

Article 5

Recommendation for a half-day visit in the penultimate kindergarten year

(1) From the 2016/17 kindergarten year, the countries are obliged to notify all parents of those children who have completed their fourth year of life before 1 September of each year, and are not already registered to visit a kindergarten, a time-appropriate invitation to a parent interview where the child must be present. In this mandatory parent interview, the positive effects of the kindergarten visit on the cognitive, linguistic, physical and social abilities of the child are to be stated.

(2) On the occasion of the parental interview, the countries should make a recommendation for a half-day visit to an institutional children's education and care facility in the penultimate kindergarten year.

Article 6

Free or reduced half-day visit

(1) Countries shall undertake a free half-day visit of appropriate institutional childcare facilities to the extent of 20 hours per week in the last year prior to compulsory schooling.

(2) In addition, countries undertake a half-day visit of appropriate institutional childcare facilities to the extent of 20 hours per week from the 2016/17 kindergarten year, free of charge, free of charge, or free of charge. socially staggered tariffs, to be guaranteed in the penultimate year prior to compulsory schooling.

(3) The obligation under para. 1 and 2 does not include the administration of meals or the participation in special offers.

Article 7

Financing by the Federal Government

(1) The Confederation shall be included in the partial coverage of the costs of the countries, municipalities and holders of appropriate institutional childcare facilities for the free or discounted half-day visit (Article 6) to the Kindergarten years 2015/16, 2016/17 and 2017/18 provide grants in the amount of 70 million euros each.

(2) In the 2015/16 kindergarten year, the federal grant in accordance with paragraph 1 shall be allocated to the Länder in accordance with the shares of the then five-year-old children per province as follows:

Burgenland:

................................................................................................

2.950%

Carinthia:

................................................................................................

6.155%

Lower Austria:

................................................................................................

18.335%

Upper Austria:

................................................................................................

17.640%

Salzburg:

................................................................................................

6.440%

Steiermark:

................................................................................................

13.238%

Tyrol:

................................................................................................

8.401%

Vorarlberg:

................................................................................................

4.894%

Vienna:

................................................................................................

21,947%

(3) In the 2016/17 kindergarten year, the federal grant in accordance with paragraph 1 shall be allocated to the Länder in accordance with the shares of the then four-and five-year-old children per province as follows:

Burgenland:

................................................................................................

2.983%

Carinthia:

................................................................................................

5.786%

Lower Austria:

................................................................................................

18.433%

Upper Austria:

................................................................................................

17.376%

Salzburg:

................................................................................................

6.392%

Steiermark:

................................................................................................

12.954%

Tyrol:

................................................................................................

8.673%

Vorarlberg:

................................................................................................

4.879%

Vienna:

................................................................................................

22.524%

(4) In the 2017/18 kindergarten year, the federal grant in accordance with paragraph 1 shall be allocated to the Länder in accordance with the shares of the then four-and five-year-old children per province as follows:

Burgenland:

................................................................................................

2.858%

Carinthia:

................................................................................................

5.817%

Lower Austria:

................................................................................................

18.033%

Upper Austria:

................................................................................................

17.469%

Salzburg:

................................................................................................

6.415%

Steiermark:

................................................................................................

13.009%

Tyrol:

................................................................................................

8.718%

Vorarlberg:

................................................................................................

4.830%

Vienna:

................................................................................................

22,851%

(5) The distribution of funds between countries and municipalities is to be agreed between them.

(6) If the agreement does not enter into force for a country or several countries in a kindergarten year, the proportion of the remaining countries shall be increased in proportion to the federal grant under the recalculation of the distribution key within the meaning of paragraphs 1 to 4 accordingly.

Article 8

Quality assurance

(1) Countries undertake to use federal grants, which are not required for the purposes of Article 9, for measures of quality assurance and for creating additional childcare places:

(2) Measures relating to quality assurance are in particular:

a)

Reduction of group size,

b)

Improvement of the care key,

c)

Qualification of personnel,

d)

Support measures for children with special needs.

e)

Measures to promote linguistic diversity

(3) In the case of the creation of additional childcare places, the provisions of the agreement under Art. 15a B-VG on the development of the institutional childcare provision, idgF BGBl. I No 85/2014.

Article 9

Dedicating the Federal subsidy

(1) The federal grant referred to in Article 7 shall be used to cover the expenditure incurred by the country concerned by the provision of care within the meaning of Article 6 and the implementation of the parental discussions referred to in Article 5.

(2) The effort referred to in paragraph 1 shall apply to support for the establishment of an institutional child-education and care facility, the reorganisation of contributions to parents and other persons entrusted with the care, pro-rata staff and operating costs, costs directly related to the care referred to in Article 6, as well as costs directly related to the implementation of the parental discussions within the meaning of Article 5.

(3) The federal grant for free care within the meaning of Article 6 will be in the amount of a maximum of € 1,000, -- per child for the kindergarten year 2015/16, a maximum of € 1,020, -- per child for the kindergarten year 2016/17 and a maximum of € 1,040, -- per child for the Kindergartenjahr 2017/18.

(4) The federal grant for the supervision at reduced or socially staggered rates within the meaning of Article 6 will be in the amount of a maximum of € 510, -- per child for the kindergarten year 2016/17 and a maximum of € 520, -- per child for the kindergarten year 2017/18 is granted.

(5) The federal grant for the mandatory parent interview within the meaning of Article 5 shall be granted in the amount of a maximum of € 375, -- per child for the Kindergartenjahr 2016/17 and € 380, -- for the kindergarten year 2017/18.

Article 10

Proof of use in accordance with the invention

(1) In order to prove the use of the Federal subsidy in accordance with the provisions of the Federal Republic of Germany, the country shall have the level of funding under this Agreement, which shall be granted to public and private holders of an institutional child-education and care facility or Guardians are to be paid as a substitute for parental contributions in accordance with Article 9 and for the purposes referred to in Article 8, the share of which is to be indicated separately for public and private holders.

(2) The country shall reimburse the Federal subsidy for the respective year of the kindergarten to such an extent that the use of the grant for the purposes of the child care year concerned could not be demonstrated in the year of the kindergarten.

(3) The country shall submit proof in accordance with paragraph 1 separately for each year of kindergarten to the Federal Ministry for Families and Youth by 30 September of a calendar year.

Article 11

Adaptation of laws

(1) The national legal provisions necessary for the implementation of Articles 4, 5 and 6 shall be in force until 1 September 2016 at the latest.

(2) Countries will not increase the maximum number of children in the groups of institutional children's education and care facilities provided for in national legislation, and the minimum number of caregivers for the groups shall be: in institutional children's education and care facilities. In justified exceptional cases, the group size may be temporarily exceeded by one or two children.

Article 12

Federal payments

(1) In December of the respective kindergarten year, the federal grant in accordance with Art. 7 will be in the total amount of 25 million euros and in April of the respective kindergarten year in the amount of a total of 45 million euros to be known from the countries given accounts.

(2) The payment shall be made by the Federal Ministry for Families and Youth. Any repayment obligations (Article 10) may be included in the payment.

Article 13

Evaluation and Controlling

(1) The use of the intended grants and the impact of the promotion shall be subject to quantitative evaluation in agreement with the countries. The cost of this is borne by the federal government.

(2) Countries shall be obliged to review the use of the intended grants by the holders of the institutional child-training and care facilities.

Article 14

Implementation of a working group on the extension of the kindergarten obligation

Together with the Federal Government, the Länder commit themselves to implement a working group, with the aim of making the mandatory and free visit to a suitable institutional system for all 4-to 5-year-olds from the kindergarten year 2018/19. To enable children's education and care facilities.

Article 15

entry into force

(1) If the conditions required under the Federal constitution for the entry into force of the Federal Government are fulfilled by the end of November 30, 2015, this Agreement shall, retroactively with 1 September 2015, be concluded between the Federal Government and those countries. in force, which fulfil the necessary conditions for entry into force in accordance with the respective country constitutions and whose communications on the fulfilment of these conditions are available to the Federal Chancellery by the end of 30 November 2015.

(2) If the agreement does not enter into force pursuant to paragraph 1 of 1 September 2015, it shall be replaced by that month until the entry into force of the agreement pursuant to paragraph 1 is fulfilled. The federal grants referred to in Article 7 shall be charged at the level corresponding to the reduced duration.

(3) After the entry into force of the agreement referred to in paragraph 1 or 2, the agreement shall become effective in relation to the other countries with the month most of the year until the conditions laid down in paragraph 1 of the agreement are fulfilled by the respective country. The federal grants referred to in Article 7 shall be charged at the level corresponding to the reduced duration.

(4) Article 8 shall not enter into force on 31 August 2016.

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

(6) After 31 December 2016, the conditions for the entry into force of the agreement can no longer be met for the first time.

Article 16

Period of validity, termination

(1) The Federal Government may terminate the present agreement by written notification to the other Contracting Parties, subject to a period of six months ' notice, provided that from that date a task-oriented financial compensation is implemented.

(2) If the right of termination is not exercised in accordance with paragraph 1, this agreement shall not apply to the respective country with the proof of the use of the Federal subsidy granted to him in accordance with Art. 10 in accordance with Art. 10.

Article 17

Original

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 Article 15 (1) of the Agreement, the Agreement entered into force retroactively with 1 September 2015 between the Federal Government and the Länder of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tyrol and Vorarlberg.

Ostermayer