Agreement Between The Federal Government And The States In Accordance With Article 15A B-Vg About The Early Remedial Language Training In Institutional Childcare Facilities

Original Language Title: Vereinbarung zwischen dem Bund und den Ländern gemäß Art. 15a B-VG über die frühe sprachliche Förderung in institutionellen Kinderbetreuungseinrichtungen

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258. Agreement between the Federal Government and the Länder in accordance with Art. 15a B-VG on early language support in institutional childcare facilities 1

The Federal Government, represented by the Federal Government, as well as the Länder of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg and Vienna, represented by the regional governor respectively. the provincial governor, hereinafter referred to as the contracting party, have agreed to conclude the following agreement in accordance with Art. 15a of the Federal Constitutional Law:

Article 1

Objectives

(1) Three to six-year-old children in institutional childcare facilities who have a lack of German language skills, especially those with a non-German mother tongue, should be promoted in such a way that they are admitted to the first School level of the elementary school the language of instruction German according to the "Education standards for speaking and language competence at the beginning of compulsory schooling" as proficient as possible. The establishment of a possible language support needs in the institutional childcare facilities by kindergarten teachers, at most in cooperation with the heads of the primary schools and/or schools. other qualified personnel. Language support is provided by kindergarten pedagogues and pedagogues. Other qualified staff is age-appropriate, integrated in everyday life, individually and in a playful manner.

(2) In the implementation of the early language support within the meaning of paragraph 1, the national education framework programme for elementary educational institutions in Austria and the education plan-share for language support in elementary schools educational institutions, to be applied.

(3) The aim of early language support is to make it easier to enter the primary school, to optimise the future educational opportunities of the children and, as a further consequence, to enable a better start into the working life.

Article 2

Definitions

For the purposes of this Agreement, the terms

1.

institutional childcare facilities: public and private kindergartens and nurseries or similar facilities, as well as age-related groups, with private ones where childcare is not in the private household , which shall be subject to the same conditions of admission and exclusion as public and non-profit-making, as well as in-service gardens and crews, and comparable facilities;

2.

Kindergarten year: the period within the meaning of § 8 of the School Time Act 1985, BGBl. 77;

3.

Educational standards for speaking and language competence at the beginning of compulsory schooling: Jene linguistic competences, which should be given when entering the first school level of the primary school and by the Federal Ministry of Education, Arts and Culture in Cooperation with the Pedagogical University of Linz were created.

4.

Training of kindergarten teachers: the qualification to be carried out at the educational institutions for kindergarten pedagogy according to the current syllabus and the applicable examination regulations;

5.

Continuing education and further training of kindergarten teachers: those measures which are set at the universities of teacher education or similar educational establishments, or shall be organised by the countries concerned, in particular the courses on qualification for early language support;

6.

Status of speech: observation sheet for the recording of language competence in German of children with German as the first language (BESK 2.0), observation sheet for the recording of language competence in German of children with German as a second language (BESK-DaZ 2.0) or a similar instrument set up on a pedagogical and kindergarten-pedagogical basis, which makes it possible to make a clear statement about the possible need for language support in the past;

7.

Language support: the pooling of those pedagogical interventions which are put in place in institutional childcare facilities in a suitable (child-like, individual, correct) form;

8.

Educational framework and educational plan share: the national education framework plan for elementary educational institutions in Austria and the education plan-Share of language support in elementary educational institutions (2009) of offices the state governments of the Austrian federal states, the Magistrats of the City of Vienna and the Federal Ministry for Education, Arts and Culture, worked out by the Charlotte-Bühler-Institute.

Article 3

Early language support in institutional childcare facilities

(1) The Contracting Parties shall take the appropriate measures to control the language of instruction in cooperation between the institutional childcare facilities, schools, guardians and the federal authorities responsible for education and training. German according to the "Education standards for speaking and language competence at the beginning of compulsory schooling" by all children at the entrance to the first school level of the primary school as possible.

(2) The Federal Government undertakes, in particular,

1.

to provide the countries with appropriate language requirements in accordance with Art. 2 Z 6, which establish the language support requirements in the institutional childcare facilities;

2.

on the training of kindergarten teachers and teachers at the educational institutions for kindergarten pedagogics in the field of language status and early language support at the universities of teacher education or similar educational establishments and

3.

on the further development of curricula for a uniform qualification model for the special training, further and further training of kindergarten teachers in the field of language status and early language support the educational institution for kindergarten pedagogics, the educational colleges or similar educational institutions.

The Federal Ministry of Education, Arts and Culture is responsible for the fulfilment of these obligations. The countries must be included in the fulfilment of the Z 2.

(3) Countries undertake, in particular, to ensure that:

1.

Information and the implementation of an annual determination of the language status in accordance with Art. 2 Z 6 as soon as possible at the beginning of the kindergarten year. After the early language support has been carried out, but at least at the beginning of the following kindergarten year, the group of people who have been given linguistic support as a result of the needs identified will again be able to establish a language status. ,

2.

the necessary language support in the institutional childcare facilities in accordance with the "Education standards for speaking and language competence at the beginning of compulsory education" and

3.

the recommendation of the special education, training and further education measures of the federal government at the universities of teacher education and comparable educational institutions to the kindergarten teachers.

(4) The Contracting Parties shall apply the Education Framework for Institutional Childcare and the Education Plan share pursuant to Art. 1 (2).

Article 4

Financing of measures for language early-term promotion

(1) The total cost incurred in the implementation of the measures in this Agreement shall be divided between the Federal Government and the Länder in relation to one to one, whereby any contributions from municipalities may be attributed to the share of the country in question. The share of the federal government amounts to a maximum of 5 million euros per year. In 2012, 2013 and 2014, the Federal Government provides an annual earmarking grant to each country for the purposes of § § 12 and 13 F-VG 1948 at the following maximum level:

1.

Burgenland

170.350 Euro

2.

Carinthia

285,200 Euro

3.

Lower Austria

982,500 Euro

4.

Upper Austria

820.600 Euro

5.

Salzburg

299.950 Euro

6.

Steiermark

559,700 Euro

7.

Tyrol

EUR 411,950

8.

Vorarlberg

EUR 246,500

9.

Vienna

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

1.223.250 Euro

(2) The travel and representation costs of kindergarten teachers, which are incurred as part of the special qualification measures, are not borne by the Federal Government's special purpose grant.

Article 5

Concept, reporting and invoicing of the purpose grant for the measures for early language support

(1) In order to present the agreed use of the purpose grant, the respective country shall submit to the Federal Ministry of the Interior no later than three months after the entry into force of the agreement a concept for the years 2012, 2013 and 2014, which shall: The following must be included:

1.

a specific definition of the content of the implementation of the linguistic early promotion,

2.

Personnel deployment,

3.

Information on the sites,

4.

a description of the methodology used for the implementation; and

5.

a financial plan.

The concept has to be in line with the presentation in Annex A. If the country cannot rely on past experience on language support requirements in the institutional childcare facilities, the data of the Z 2, Z 3, Z 5 can be independent of the concept template after the implementation of the first Status of the language in accordance with Article 3 (3) (1) (1).

(2) Countries shall submit a final report to the Federal Ministry of the Interior by 30 November of each calendar year, which shall include, in addition to the accounting of the entire preceding kindergarten year in which the early language support is , the following information has to be included:

1.

the number of eligible children with a fixed language support,

2.

the institutional childcare facilities in which the support measures have been implemented, with the number of kindergarten teachers and other qualified staff, in addition to the promotion of language training; Full-employment equivalent of kindergarten teachers and other qualified staff, as well as the hours actually spent on language support,

3.

the anonymized results, as well as a comparative anonymized evaluation of the language status findings carried out in accordance with Article 3 (3) (3) (1) (1), which, in any event, has an impact coefficient of the early language support carried out with regard to to the development of the language skills of children who have received language support, must be readable. This information may be submitted independently of the final report, but no later than 31 December of a calendar year. In duly substantiated exceptional cases, the Federal Ministry of the Interior may grant a Fridate extension of up to two months at the request of the Federal State, stating objectively reasons.

In 2012, the final report shall contain only those substantive information on the support measures and the language-level findings which were carried out after the entry into force of this Agreement, and the accounting limited to this period. . The final report shall be in accordance with the presentation in Annex B. On the federal side, the Federal Ministry of the Interior is appointed to take a decision on the settlement.

(3) The country shall reimburse the Federal Government's amount for the calendar year in question to the extent that it has been paid in the calendar year concerned;

1.

there is a negative evaluation result pursuant to Art. 8, or

2.

the country does not comply with the obligations imposed on the obligations under (1) and (2), or

3.

a special purpose grant has not been exhausted or has been previously used; or

4.

the country has not granted an equal share to the federal government in additional funds for the purposes set out in this Agreement.

(4) The country shall reimburse the payments in respect of the period of time for which the purpose is granted shall be reimbursed in so far as it does not comply with an obligation under paragraph 3 (1) (1) to (4). In the event of a number of breaches of duty for the refund,

1.

in the case of paragraph 3 Z 1, repay the amount corresponding to the appropriations of the measure not implemented in accordance with the terms of the agreement,

2.

in the case of paragraph 3 (2), repay the total amount to be paid,

3.

in the case of paragraph 3 (3) (3) and (4), repay the amount calculated on a pro rata basis.

A number of reimbursement amounts may be added only to the extent that they do not exceed the total amount of the purpose grant. In the case of cumulation of the cases referred to in paragraph 3 (3) and (4), only the higher amount shall be taken into account.

Article 6

Adaptation of laws

The federal and national regulations necessary for the implementation of this agreement are to be put into effect until 30 September 2012.

Article 7

Federal payments

(1) The Federal Government's annual purpose grant pursuant to Article 4 (1) shall, in accordance with the criteria set out in Article 5, be instructed in two installers for the calendar year concerned to the account to be disclosed by the Land as follows:

1.

The first instalment is half of the annual purpose subsidy per country and will be relied on in March.

2.

The second rate is half of the annual purpose subsidy per country and will be ordered in October.

In 2012, the first instalment will depend on the agreement and the second instalment, at least until 31 December, six weeks after the entry into force of the agreement.

(2) The payment shall be made by the Federal Ministry of the Interior. The disbursals can be subject to any repayment obligations (Art. 5 (3) and (4) and Article 8 (3) are to be included.

Article 8

Evaluation and Controlling

(1) The use of the intended grants as well as the impact of the aid measures on the development of the language skills of the children being supported shall be evaluated:

1.

The concept referred to in Article 5 (1) is examined by the Austrian Integration Fund and approved by the Federal Ministry of the Interior;

2.

The final reports referred to in Article 5 (2) will be examined by the Austrian Integration Fund and presented together as an evaluation report to the Federal Ministry of the Interior, which approves the final reports.

(2) In the event of a negative result of the verifications referred to in this Article, the Federal Ministry of the Interior shall inform the respective country of the possibility of the documents listed in Z 1 and Z 2 with the granting of a period of four weeks. , and to comment on this. If the country does not comply with this request, or if the examination again results in a negative result, the Federal Ministry of the Interior reserves the right to withhold the respective rates. A negative result of the evaluations shall be provided if:

1.

the intended grant was not used in accordance with the procedure, or

2.

the concepts as well as final reports contradict the templates or do not contain the minimum content of the content (Art. 5 (1) and (2)).

A non-widthwise use is available if there are no or insufficient language status findings (Art. 3 (3) (1)) or the language support does not correspond to the "Education standards for speaking and language competence at the beginning of the compulsory education" (Art. 3 (3) (3) (2).

(3) Special purpose grants which cannot be settled in a calendar year shall be withheld from the Federal Government and sent to the respective country in the following calendar year for the early language support. Retained funds from 2014 remain unaffected by this.

Article 9

entry into force

(1) Once

1.

the conditions for entry into force required by the Federal constitution are met; and

2.

the communication on the existence of the conditions required by the respective country's constitution has been received by the Federal Chancellery,

This Agreement shall enter into force with the first of the following month between the Federal Government and the individual countries.

(2) After 30 September 2012, the conditions for the entry into force of the agreement can no longer be fulfilled.

(3) The Federal Chancellery shall communicate to the Federal Ministry of the Interior and to the Länder the fulfilment of the conditions.

Article 10

Duration

The agreement between the Federal Government and the individual countries, following a positive decision on the settlement of the accounts pursuant to Art. 5, will be taken out of force by the Federal Ministry of the Interior. The Federal Chancellery informs about the country concerned.

Article 11

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.

This Agreement shall enter into force in accordance with Art. 9 (1)

-

between the Federal Government and the State of Vorarlberg with 1 April 2012,

-

between the Federal Government and the Land of Carinthia with 1 May 2012,

-

between the Federal Government and the Länder of Lower Austria, Salzburg and Styria with 1 June 2012,

-

between the Federal Government and the Länder of Burgenland and Upper Austria on 1 July 2012 and

-

between the Federal Government and the countries of Vienna and Tyrol with 1 August 2012

in force.

Faymann