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 den Ausbau des institutionellen Kinderbetreuungsangebots

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997843/vereinbarung-gem-artikel-15a-b-vg-ber-den-ausbau-des-institutionellen-kinderbetreuungsangebots.html

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Agreement in accordance with article 15a B-VG on the strengthening of institutional childcare provision

The Federation – represented by the Federal Minister of economy, family and youth - and the States of Burgenland, Carinthia, lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg and Vienna, each represented by the Governor or the Governor - the following Contracting Party called - have agreed to conclude the following agreement 15a of the Federal Constitution Act pursuant to article:

Article 1

Aims and objectives

(1) in accordance with the Barcelona target of the European Union childcare should available in the interest of reconciliation of family and work accordingly for 33% of the under three year-old regional needs.

(2) the present agreement is borne by the joint effort of the Federal and State Governments to increase the support rate of under three year olds, taking into consideration especially childcare to compatible with a full employment of the parents.

(3) for the qualified full-day care, which is consistent with a full employment of the parents should be encouraged three-up six-year-old to address regional shortfalls.

Article 2

Expansion of childcare provision

The Contracting Parties agree, in the respective spheres of competence, to take appropriate steps towards the Barcelona objective of the European Union for child care, particularly encouraging all day with the full employment of the parents agreed, flexible child care. The expansion of child care services is considered to be focus for the under 3-year olds, where care should be supported by the day mothers and fathers within the meaning of article 3 No. 2 in particular.

Article 3

Definitions

Under the terms of this agreement, the terms mean: 1 institutional childcare facilities: public and private kindergartens and nurseries as well as age-mixed groups, where private are those that do not take care of children in private households, which are under same admission and expulsion conditions as the public generally accessible and not for profit, as well as company kindergartens and operating nursery school.

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

3. half-day child care: a child care) by qualified personnel, b) at least 30 weeks in the kindergarten year 2010/2011, at least 37 weeks in the kindergarten year 2011/2012, at least 44 weeks in the kindergarten year 2012/2013, at least 47 weeks in the kindergarten year 2013/2014, c) at least 20 hours a week, d) weekdays from Monday to Friday and e) on average four hours a day.

4. full day childcare: childcare a) by qualified personnel, b) at least 30 weeks in the kindergarten year 2010/2011, at least 37 weeks in the kindergarten year 2011/2012, at least 44 weeks in the kindergarten year 2012/2013, at least 47 weeks in the kindergarten year 2013/2014, c) at least 30 hours a week, d) weekdays from Monday to Friday, e) on average six hours daily and f) offering lunch.

5. with agreed a full employment of the parents child care (VIF criteria): A child 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 9½ hours and f) with offer of lunch.

6 kindergarten year: the period from 1 September to 31 August of the following year.

Article 4

Financing of the expansion of childcare provision

(1) the Federal Government annually to partially cover of the overhead of the countries and communities related to the measures referred to in article 5 in 2011 a purpose grant of 10 million euros, as well as in the years 2012, 2013 and 2014 a purpose subsidy within the meaning of §§ 12 and 13 F-VG 1948 provide amounting to EUR 15 million. This amount is divided as follows on the countries: Burgenland:... 2,882 %
              Kärnten:……………………………………………………………………………..6,065 %
              Niederösterreich:....................................................................................................... 18,184 %
              Oberösterreich:.......................................................................................................... 17,451% Salzburg:...6,445% Styria:... 13,210 %
              Tirol:............................................................................................................................ 8,651 %
              Vorarlberg:.................................................................................................................. 4,967 %
              Wien:......................................................................................................................... 22,145% (2) provides the country funds such as the Federal Government for the measures referred to in article 5 to equal parts. Financial resources of municipalities in addition provided for these measures, are to be expected in the co-financing of each country. For the purpose of grants in accordance with article 5, para 4 and 5 is no co-financing required unless that country the expansion measures in accordance with article 5 para 1, 2 and 3 with a corresponding excess co-financed.

(3) the agreement for one or several countries in one calendar year does not enter into force, so their share on the purpose of grant of the Federal Government under new calculation of the distribution key in order to increases for other countries in paragraph 1 in accordance with.

Article 5

Dedication of the Federal grant

(1) the purpose of the Association in accordance with article 4 is for the creation of additional childcare places in institutional childcare facilities for under-three years following grants: 1 1,500 euros per year for each additional in bodies referred to in article 3 Z 3 child; supervised

2. 2,500 euros per year for each additional in bodies referred to in article 3 Z 4 child; supervised

3. 4,000 euros per year for each additional in bodies referred to in article 3 Z 5 child supervised.

(2) each country can use up to a maximum 25% for the under-3-year-old but up to 100% of the purpose of grant of the Covenant under article 4 for the creation of additional childcare places in institutional childcare facilities three to the age of six. 1 paragraph for each additionally supervised child of this age group is considered in terms of the amount of the grant.

(3) country can in 2011 20% the purpose of grant of the Federal Government, in the year 2012 20% the purpose of grant of the Federal Government, in 2013 10% the purpose of grant of the Federal Government and in the year 2014 5% the purpose of grant of the Federal Government use to cover the cost of for extended opening hours in the following scale: 1 at least 47 weeks in the kindergarten year and at least 4 weeks more than compared to the previous year of nursery school and 2 at least 30 hours a week and at least 5 hours a week more than compared to the previous year of kindergarten.              

(4) the country can use to the creation of support services at day mothers and fathers during the grant year the purpose of grant of the Federal Government in accordance with article 4 for investments. In this case, the grant is additional / n childminder or day father 750 euro for everyone.

(5) the country can use the purpose of grant of the Covenant under article 4 for the training of day mothers and fathers during the grant year. The grant for training courses for day mothers and fathers is: 1 750 euro per person per course, 2nd 1,000 euros per person per course, which was awarded by the Federal Ministry for economy, family and youth with the label "Training course for day mothers and fathers".

(6) each country can use up to 50% of the purpose of grant of the Federal Government in accordance with article 4 for purposes within the meaning of paragraph 4 and 5.

Article 6

Settlement of the Federal grant


(1) the additional support of under-3-year-olds and at most three - to six, as well as the extended opening hours in accordance with article 5 be determined Statistics Austria on the basis of the annual statistics of children Tagesheim the Federal, with the difference to the result of the previous children Tagesheim statistics as the basis for the calculation of the amount of the claim on the purpose of grant of the Federal Government. For the first time the results of the statistics of children Tagesheim are 2010/2011 (deadline: October 15, 2010) with 2011/2012 (date: October 15, 2011) compared. In the case of the use of the grant pursuant to article 5, para 3 has additional evidence of the cost to extend the opening hours to occupy the country.

(2) in the case of the use of the grant pursuant to article 5, paragraph 4 and 5 has to show the country the dedication intended of that part of the grant as follows: 1. demonstration of the number of additional grants of day mothers and fathers in the calendar year (for the first time in the calendar year 2011) and 2 by demonstration of the number of completed training courses in accordance with art.5 para 5 No. 1 and no. 2 of day mothers and fathers in the calendar year (for the first time in the calendar year 2011).

(3) the country has the Federal Ministry for economy, to submit an inventory of the use of the funds granted by the federal family and youth, as well as the Federal Chancellor's Office up to June 30 of a calendar year, to June 30, 2012, the last to June 30, 2015, for the first time. From the list, the relevant child care facilities as well as the financial assistance respectively allocated to them and whose purpose must be shown. The country has to represent also the funds spent in the preceding calendar year for the purpose in accordance with article 5.

(4) Zweckzuschussmittel, 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 media of this year.

(5) the land shall pay the subsidy granted for each calendar year of the Federal as far back, as in that calendar year 1 the dedication intended of the grants on the basis of the amounts set out in article 5 could not be established or 2. subsidies for purposes referred to in article 5 has granted the country not to equal parts like the Covenant from additional resources.

(6) paragraph 5 applies to end subsidies of the agreement according to article 15a B-VG on the strengthening of institutional childcare provision, Federal Law Gazette II No. 478/2008, for the dedication intended could not be established.

(7) the billing must separately the Federal Ministry for economy, family and youth, as well as the Federal Chancellor's Office to present 30 June of the calendar year, for the first time until June 30, 2012, the last to June 30, 2015, the country for each calendar year. On pages of the Federal Government, the Federal Ministry of finance in agreement with the Federal Ministry for economy, family and youth and the Chancellor's Office are called to deciding whether the settlement.

Article 7

Adaptation of laws

The Federal and State regulations if necessary to the implementation of this agreement include retroactively with in force January 1, 2011. The countries will not increase the maximum number of children in groups of children (crèches) provided Laender regulations in terms of measures of the expansion of institutional childcare provision and not to reduce the minimum number of caregivers for groups of children (crèches).

Article 8

Payments of the Federal

(1) article 4 para 1 effected payment of the Federal grant in accordance with for 2011 in December 2011. In the years 2012-2014 in two equal instalments, respectively in June and December of each calendar year is paid out on it by announced the land account.

(2) the payment is made by the Federal Ministry of finance. In paying any repayment obligations can (art. 6 para 5 and 6) are charged.

Article 9

Evaluation and controlling

The use of Zweckzuschussmittel, as well as the impact of sponsorship are subjected to the agreement between the parties to an evaluation. The Federal Government has the right at any time to check the dedication intended use of the Zweckzuschussmittel as well as the raising of additional funds by the countries.

Article 10

Quality assurance

The Contracting Parties agree to develop national recommendations on minimum standards in child care to ensure the quality of care in childcare.

Article 11

In force

(1) requirements for the force under the Federal Constitution are met until the end of November 30, 2011, effective this agreement retroactively with January 1, 2011, between the Federal Government and that country or those countries, which possess the qualifications required under the State Constitution for the force until end of November 30, 2011 and communicated this to the Federal Chancellor's Office.

(2) the conditions for the force are not available until the end of November 30, 2011 according to the Federal Constitution or no country satisfies the conditions referred to in paragraph 1, this agreement with the next following 1 January that year enter into force, in which the conditions are fulfilled.

(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 year, where until end of 31st March, the conditions referred to in paragraph 1 are met.

(4) in the cases referred to in paragraph 2 and 3 shall apply notwithstanding a) of article 6 § 1 the corresponding statistics of children Tagesheim for the initial comparison.

(b) of article 6 paragraph 7 the appropriate date for the initial delivery of settlement;

(c) of article 7 of the 1st of January of the year of the respective in force;

(d) of article 8 para 1 of the appropriate date for the initial payment.

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

(6) after December 31, 2012, you not more for the first time meets the requirements of the agreement.

Article 12

Period of validity

This agreement is against the country with the settlement of the federal subsidy granted him a total force pursuant to article 6.

Article 13

Original

This agreement is issued in a single original. The original copy is deposited with the Chancellor's Office. This shall transmit certified true copies of the agreement all parties.

The agreement enters into force in accordance with article 11 paragraph 1 with January 1, 2011, between the Federal Government and the laender Burgenland, Carinthia, lower Austria, Upper Austria, Styria, Tyrol, Vorarlberg and Vienna.

Faymann