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...

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_138/BGBLA_2015_I_138.html

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 2015/16, 2016/17, 2017/18

The Federal Government - 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 provincial Governor - hereafter referred to as contractual partner - have agreed to conclude the following agreement pursuant to article 15a of the Federal Constitution Act:

Article 1

Objective of

(1) order in later professional life regardless of their socio-economic background to offer best education opportunities, and start all children, children should be obliged prior to compulsory schooling to visit by appropriate institutional Kinderbildungs and childcare facilities.

(2) children who have poor knowledge of the German language, to promote already especially before the start of compulsory education, so that they have mastered the German language as possible upon entry into the first grade of elementary school.

(3) the free or reduced-cost half-day visit by appropriate institutional Kinderbildungs and childcare facilities to relieve continue families.

Article 2

Education tasks

(1) the institutional Kinderbildungs and childcare facilities have the task to promote the physical, psychological, intellectual, linguistic, ethical and social development, in particular mass through age-appropriate education and training and to support the achievement of the school's ability to proven methods of early childhood education.

(2) in the framework of personality education is to accept every child as your own personality in its entirety, to strengthen and to prepare for the school. His rights, dignity, joy and curiosity are to respect and promote.

(3) learning has to be carried out, taking into account the early childhood learning in a holistic child and playful form, avoiding rigid time structures and school-lessons.

(4) the countries are obliged to observe and control of the education curriculum, the module for 5 years and the share of the education plan language.

Article 3

Definitions

Under the terms of this agreement, the terms mean:



1.





Appropriate institutional Kinderbildungs - and -care facilities:







 





Public and private kindergartens, as well as advanced age groups, which via the required State permits or a successful operating indicator or its not ban as well as exercise kindergartens to educational institutions and other Kinderbildungs - and -care facilities, and those are private, not in the household are working and are generally available under same recording and exclude conditions such as public and not for profit , as well as operational elementary Kinderbildungs - and -care facilities, where the tasks of education referred to in article 2 are met.







             2.





Keepers of institutional kinderbildungs and -care facility:







 





Local authorities, natural or legal persons who are responsible for the provision and provision for the spatial, material and personnel requirements for the operation of a kinderbildungs and care facility.







             3.





Kindergarten year:







 





This corresponds to the school year in the sense of § 8 ABS. 1 school law in 1985.







             4.







Half-day mandatory visit:



Of the kindergarten Sustainer resistors fixed period to the extent of 16-20 hours at least four days per week, which tracks the education tasks in accordance with articles 2 through structured educational action.







             5.





Education curriculum, module for 5 years and the proportion of education plan language:







 





the cross-State education curriculum for elementary education in Austria and share of education plan to promote language in elementary education (2009) as well as the module for 5-year (2010) the offices of the provincial governments of the Austrian Länder, the magistrate of the city of Vienna and the Federal Ministry for education, arts and culture and the Federal Ministry for economy, family and youth.





Article 4

Scope of the duty to visit

(1) the countries undertake, the compulsory half-day visits to appropriate institutional Kinderbildungs and childcare facilities in accordance with the paragraph 2 to 6 to set.

(2) to attend appropriate institutional Kinderbildungs and care facilities, those children who have reached the age of 5 before September 1 of each year and will be compulsory in the following year are required. Children who attend the school in advance, as well as those children who visit can not be expected due to disability or medical reasons or due to a special educational funding requirements or due to the distance or difficult road conditions between place of residence and nearest appropriate institutional Kinderbildungs - care facility are exempt. At the request of the parents, as well as any other with the custody of Constitution persons even those children can be excluded where the obligation in the context of domestic education or with a childminder / a day father takes place, unless the educational tasks and objectives referred to in article 2 are fulfilled.

(3) the visit is obligatory during the kindergarten year, except the school days regulated by the applicable state regulations and school holidays in accordance with article 8, par. 3 and 4 are 1985 School Act. Also a possible Unbenützbarkeit of the building as well as the other grounds listed in § 8 par. 8 of the School Act 1985 are considered exceptional.

(4) the obligatory visit of the institutional kinderbildungs and care facility has to be at least four days a week for 16 to 20 hours.

(5) the absence is allowed only in case of a justified prevention of the child. This is vacation (5 weeks), disease of the child or the parents, as well as extraordinary events.

(6) in the case of violation of the obligation to visit, administrative penal proceedings nationwide uniform sanctions against parents or other are to impose responsible persons, which are to govern at the landesgesetzlicher level with care and upbringing.

Article 5

Recommendation to the half-day visit in the penultimate year of kindergarten

(1) the countries are required to submit a timely invitation to a parents meeting, at which the child must be present, all parents of those children who have completed their fourth year before September 1 of each year, and are not already registered to attend a nursery school, from the kindergarten year 2016/17. The positive effects of the kindergarten visit on the cognitive, linguistic, physical, and social abilities of the child to present are in this mandatory parents meeting.

(2) countries should give a recommendation to the half-day visit of an institutional kinderbildungs and care facility at the parents meeting in the penultimate year of kindergarten.

Article 6

Free or reduced half day visit

(1) the countries undertake to ensure a free half-day visit by appropriate institutional Kinderbildungs and childcare facilities to the extent of 20 hours per week in the last year before compulsory education.

(2) the countries commit a half-day visit by appropriate institutional Kinderbildungs and childcare facilities to the extent of 20 hours per week, free, discounted or socially progressive rates, offered in the penultimate year before compulsory education to ensure in addition from the kindergarten year 2016/17.

(3) the obligation referred to in paragraphs 1 and 2 has not the administration of meals or participate in special offers.

Article 7

Funding by the Federal Government

(1) the Federal Government will provide partial coverage of expenses of countries, communities and preserver of appropriate institutional Kinderbildungs and care facilities for free or discounted half-day visits (article 6) in the kindergarten years 2015/16, 2016/17, 2017/18 grants in the amount of EUR 70 million available.

(2) the federal subsidy referred to in paragraph 1 is divided 2015/16 countries as follows in the kindergarten year after the shares of then five children per State:



Burgenland:





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





2,950%







Carinthia:





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





6,155%







Lower Austria:






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





18,335%







Upper Austria:





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





17,640%







Salzburg:





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





6,440%







Styria:





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





13,238%







Tirol:





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





8,401%







Vorarlberg:





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





4,894%







Vienna:





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





21,947%





(3) the federal subsidy referred to in paragraph 1 is divided 2016/17 countries as follows in the kindergarten year after the shares of four - and five-year children per State:



Burgenland:





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





2,983%







Carinthia:





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





5,786%







Lower Austria:





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





18,433%







Upper Austria:





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





17,376%







Salzburg:





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





6,392%







Styria:





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





12,954%







Tirol:





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





8,673%







Vorarlberg:





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





4,879%







Vienna:





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





22,524%





(4) the federal subsidy referred to in paragraph 1 is divided 2017/18 countries as follows in the kindergarten year after the shares of four - and five-year children per State:



Burgenland:





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





2,858%







Carinthia:





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





5,817%







Lower Austria:





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





18,033%







Upper Austria:





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





17,469%







Salzburg:





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





6,415%







Styria:





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





13,009%







Tirol:





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





8,718%







Vorarlberg:





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





4.830%







Vienna:





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





22,851%





(5) the allocation of funds between countries and communities shall be agreed between them.

(6) the agreement for one or several countries does not take effect in a kindergarten year, increased for the other countries their share of the Federal grant, recalculation of the distribution key of paragraph 1 to 4 according to himself in the sense.

Article 8

Quality assurance

(1) the countries undertake, federal grants, which are not required for the purposes of article 9, measures of quality assurance and the creation of additional childcare places to insert:

(2) quality assurance measures are in particular:



a)





Reducing the size of the group,







b)





Improvement of the service key,







c)





Qualification of the 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, are the provisions of the agreement in accordance with article 15a B-VG on the strengthening of institutional childcare provision, as amended BGBl I no. 85/2014, to comply.

Article 9

Dedication of the Federal grant

(1) the federal subsidy referred to in article 7 is designed to cover that expense, resulting in the care within the meaning of article 6 and the implementation of parents negotiations pursuant to article 5 country.

(2) grants to keepers of institutional kinderbildungs and -care facility, the refund of contributions to parents and other persons entrusted with the custody, pro-rata staff and operating costs, costs incurred in direct connection with the care in the sense of article 6 and costs incurred directly related with the implementation of the parent talks within the meaning of article 5 shall apply as an expense within the meaning of paragraph 1.

(3) the federal subsidy for the free care in the sense of article 6 is 1.000,--per child for the kindergarten year 2015/16, maximum € 1.020,--per child for the kindergarten year 2016/17 and maximum of € 1.040,--per child for the kindergarten year 2017/18 grants amounting to maximum €.

(4) the federal subsidy for the care at discounted or socially progressive rates within the meaning of article 6 is granted in the amount of € 510,--per child for the kindergarten year 2016/17 and up to € 520 per child for the kindergarten year 2017/18.

(5) the federal subsidy for the mandatory parents meeting within the meaning of article 5 is in the amount of up to € 375,--per child for the kindergarten year 2016/17 and € 380,--granted for the kindergarten year 2017/18.

Article 10

Proof of the dedication intended

(1) to demonstrate of the dedication to ensure correct operation of the Federal grant, the country has the amount of the funding under this agreement, which were paid out, and the proportion for public and private keepers disclosed separately is to represent public and private keepers of institutional kinderbildungs and care facility or parent, as a substitute of parents contributions for purposes referred to in article 8 and in accordance with article 9.

(2) the land shall pay the for the kindergarten year of bevorschussten federal grant as far back, as in the kindergarten year dedication-proper use of the grant could not be established.

(3) the land for each year of kindergarten has separately the evidence referred to in paragraph 1 to submit the Federal Ministry for family and youth by 30 September of the calendar year.

Article 11

Adaptation of laws

(1) if necessary, necessary for the implementation of articles 4, 5 and 6 according to the national regulations are up to put into effect no later than 1 September 2016.

(2) the countries will not increase the maximum number of children in the Group of the institutional Kinderbildungs and childcare facilities provided Laender regulations and do not reduce the minimum number of people for the groups in the institutional Kinderbildungs and childcare facilities. In exceptional cases, the group size to one or two children may be temporarily exceeded.

Article 12

Payments of the Federal

(1) the federal subsidy referred to in article 7 is bevorschusst in December of the respective year of kindergarten in the amount of EUR 25 million and in April of each year of kindergarten in the amount of accounts known given a total 45 million euros to the countries.

(2) the payment is made by the Federal Ministry for family and youth. Payment can be expected on any repayment obligations (article 10).

Article 13

Evaluation and controlling

(1) the use of the Zweckzuschussmittel as well as the impact of the promotion are subjected to in consultation with the countries of a quantitative evaluation. The Federal Government bears the cost.


(2) the countries are obliged to check the dedication intended use of the Zweckzuschussmittel by the keepers of institutional Kinderbildungs and childcare facilities.

Article 14

Implementation a working group on the expansion of the kindergarten compulsory

The countries are committed together with the Federal Government to implement a working group with the aim of starting kindergarten in 2018/19 of all 4 to 5 year old children compulsory and free visit to a suitable institutional Kinderbildungs - and care-facility to enable.

Article 15

Entry into force

(1) after the Federal constitutional requirements for the entry into force on the part of the Federal Government are met, until the expiry of the 30 November 2015 so this agreement effective retroactively with 1 September 2015 between the Federal Government and those countries, which meet the requirements for the entry into force according to the respective constitutions of the country and their notifications relating to satisfying such requirements exist in the Federal Chancellor's Office until the expiry of the 30 November 2015.

(2) the agreement does not occur pursuant to par. 1 with 1 September 2015 in force, so that be up to the entry into force referred to in paragraph 1 qualify takes its place. The Federal grants in accordance with article 7 fees to the extent corresponding to the reduced run time.

(3) after the entry into force of the agreement in accordance with paragraph 1 or 2, this becomes effective, compared to other countries with the first of the month until which the conditions referred to in paragraph 1 of the respective country are met. The Federal grants in accordance with article 7 fees to the extent corresponding to the reduced run time.

(4) article 8 shall with override on August 31, 2016.

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

(6) after 31 December 2016, you not more for the first time meets the requirements for the entry into force of the agreement.

Article 16

Duration, cancellation

(1) the Federal Government may terminate the present agreement under a six-month notice period by written notice to the other Contracting Parties, when a task-oriented financial compensation is implemented at that time.

(2) will not use is made of the right of termination referred to in paragraph 1, this agreement to the respective country with the proof of the dedication intended of the federal subsidy granted him a total force pursuant to article 10 is.

Article 17

Original

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 in force paragraph 1 Burgenland, Carinthia, lower Austria, Upper Austria, Salzburg, Styria, Tyrol and Vorarlberg in accordance with article 15 with 1 September 2015 between the Federal Government and the laender.

Ostermayer