Agreement in accordance with Art. 15a B-VG on the introduction of half-day free and compulsory early support in institutional childcare facilities

The federal government-represented by the Federal Minister for Economic Affairs, Family and Youth-and 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

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 are to be given the opportunity to attend appropriate institutional arrangements in the last year before compulsory schooling. Childcare facilities to the extent of at least 16 to 20 hours of at least four days per week are required.

(2) The half-day visit to the appropriate institutional childcare facilities of 20 hours a week in the last year prior to compulsory education is to be free of charge so that families are further relieved.

Article 2

Education Tasks

(1) Institutional childcare services have the task of promoting physical, mental, mental, moral and social development, by means of age-appropriate education and training, to a particular extent and in accordance with tried and tested methods of education and training. Small-child pedagogics to support the achievement of the school's ability to work.

(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) The educational plan drawn up by mutual agreement between the parties within the meaning of Article 3 (5) of the " Agreement in accordance with Art. 15a B-VG on the development of the institutional childcare provision and on the introduction of the mandatory early language support in institutional childcare facilities, as well as the creation of a nationwide pre-school education plan, " BGBl. II No 478/2008, is to be complied with.

(5) By mutual agreement, the contractual partners will develop an additional integrated module for 5-year-olds by June 2010 on the basis of the education plan referred to in paragraph 4 above, including strengthening the basic skills of the child . In particular, the support of school readiness and the transition to the primary school must be observed. The cost of this is borne by the federal government.

(6) In cooperation with the countries in cooperation with the Charlotte-Bühler-Institut, a guide will be developed by June 2010 for the provision of home care as well as the care provided by a mother of the day in accordance with Article 4 (2). these carers must be kept. The cost of this is borne by the federal government.

Article 3

Definitions

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

1.		appropriate institutional childcare facilities:
		Public and private kindergartens, as well as age-old or age-mixed groups, which have the necessary national legal permits or a display of the company's uptake and/or a display of the company's operating system. and the training kindergartens at educational institutions and other childcare facilities (including in-service kindergartens), who work according to the additional integrated module for 5-year-olds in accordance with Article 2 (5).
2.		Holder of an institutional childcare facility:
		Local authorities, natural or legal persons responsible for the provision and provision of care for the spatial, factual and human needs for the operation of a child care facility
3.		Kindergarten year: This corresponds to the year of education as defined in § 8 para. 1 School Law 1985, BGBl. No 77/1985.
4.		Half-day mandatory visit:
		A period of at least 16 to 20 hours of at least four days per week from the nursery holder, at least four days per week, in which, in any event, the educational tasks referred to in Article 2 shall be pursued by means of structured pedagogical activities.

Article 4

Scope of the obligation to visit

(1) Countries undertake to amend national legislation to the extent necessary to ensure that the obligation to visit appropriate institutional childcare facilities on a half-day basis shall be subject to compliance with the provisions of para. 2 to 6. on the market.

(2) In order to visit appropriate institutional childcare facilities, those children are required 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 childcare facility of the visit cannot be expected. Excluded are also those children where the obligation in the context of domestic education and/or education is not required. 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 (3) and 4 Schulzeitgesetz 1985, Federal Law Gazette (BGBl), according to the respective state regulations. No 77/1985. 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 childcare facility must be carried out on at least four days per week for at least 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. 3 weeks), illness of the child or of the parents as well as extraordinary 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

Free half-day visit

(1) The countries also undertake to amend, to the extent necessary, the regulations to the effect that no contributions will be raised for the half-day visit to the extent of 20 hours per week, respectively. A free half-day visit to the extent of 20 hours per week is ensured.

(2) The obligation referred to in paragraph 1 does not include the administration of meals or participation in special offers.

Article 6

Financing by the Federal Government

(1) The federal government will provide grants in the amount of EUR 70 million each for the partial coverage of the additional costs of the countries, municipalities and holders for the kindergarten years 2009/2010 and 2010/2011.

(2) The amount of EUR 70 million shall be allocated in the 2009/10 kindergarten year to the Länder in accordance with the proportion of the 5-year-old children/province who are then subject to a kindergarten as follows:

Burgenland:	...........................................................................................	3.145%
Carinthia:	...........................................................................................	6.256%
Lower Austria:	...........................................................................................	19.521%
Upper Austria:	...........................................................................................	17.353%
Salzburg:	...........................................................................................	6.551%
Steiermark:	...........................................................................................	13.356%
Tyrol:	...........................................................................................	8.906%
Vorarlberg:	...........................................................................................	4.993%
Vienna:	...........................................................................................	19.919%

(3) The amount of EUR 70 million shall be allocated in the kindergarten year 2010/11 to the Länder in accordance with the proportion of the 5-year-old children/province who are then subject to a kindergarten as follows:

Burgenland:	...........................................................................................	2.985%
Carinthia:	...........................................................................................	6.209%
Lower Austria:	...........................................................................................	19.252%
Upper Austria:	...........................................................................................	17.516%
Salzburg:	...........................................................................................	6.489%
Steiermark:	...........................................................................................	13.262%
Tyrol:	...........................................................................................	8.574%
Vorarlberg:	...........................................................................................	5.127%
Vienna:	...........................................................................................	20.586%

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

(5) If the agreement does not enter into force for a country or several countries in a kindergarten year, the share of the Federal grant for the other countries shall be increased in accordance with the recalculation of the distribution key within the meaning of the second paragraph.

(6) For the years 2011 to 2013, the Federal Government has earmarked EUR 70 million in the Federal Financial Framework Act, which in turn will be allocated to the Länder in accordance with the proportion of 5-year-old children who are then subject to the age of kindergartens.

Article 7

Use of free-value funds

The Länder commit themselves to financial resources which are released by the grant of the Federal subsidy in accordance with Article 6, or are not required for the intended purpose in accordance with Article 8, for the quantitative and qualitative expansion of the childcare provision (also applies to childcare services) and/or for the training of day-care workers and/or the Use for day maternal mothers/fathers.

Article 8

Dedicating the Federal subsidy

(1) The federal grant referred to in Article 6 shall be used to cover the expenditure on the territory of the country concerned and the public and private holders of an institutional childcare institution through the provision of assistance to children who are subject to visits to the institutions. the extent of at least 16 to 20 hours per week of at least four days per week, as well as the free care of 20 hours per week, or the reconsideration of the costs of caring for the above-mentioned level of legal guardians, whose children who are subject to the right to visit in appropriate institutional arrangements Childcare facilities are supervised.

(2) The expenses within the meaning of paragraph 1 shall be the pro-rata personnel, operating and investment costs, as well as additional costs, which are directly related to the free or mandatory visit.

Article 9

Proof of use in accordance with the invention

(1) In order to prove the use of the Federal subsidy in accordance with the law, the country has the amount of funding under this agreement, which is to be granted to public and private holders of an institutional child care facility or to legal guardians, as a substitute for the parental contributions referred to in Article 8 and in order to compensate for the expenditure referred to in Article 7, the share of which shall be shown separately for public and private holders. In addition, the country has to provide proof of the implementation of the education plan in accordance with Article 2 (4).

(2) The country shall reimburse the Federal Government's grant for the respective year of the kindergarten in so far as it has not been possible to demonstrate the use of the grant in respect of the child's gardening year concerned.

(3) The Land for each year of kindergarten shall be submitted to the Federal Ministry for Economic Affairs, Family and Youth by 31 July of a calendar year, for the first time by 31 July 2010, for each year of kindergarten.

Article 10

Adaptation of laws

(1) The regulations at the country level, which may be necessary for the implementation of Article 5, are until 1 September 2009, and the necessary statutory provisions for the implementation of Article 4 are up to the maximum of 1 September 2009. The Commission shall take effect in September 2010.

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

Article 11

Federal payments

(1) The grant of the federal government pursuant to Art. 6 will be announced in September of the respective kindergarten year in the total amount of 25 million and in February of the respective kindergarten year in the amount of 45 million to those of the countries given accounts.

(2) The payment is made by the Federal Ministry for Economic Affairs, Family and Youth. The disbursals can be subject to any repayment obligations (Art. 8).

Article 12

Evaluation and Controlling

(1) The use of the special purpose grants, as well as the impact of free supervision and attendance on the continuous use of appropriate institutional childcare facilities, shall be carried out in agreement with the Contract partners-subjected to an accompanying evaluation. 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 childcare facilities.

Article 13

entry into force

(1) If the conditions required by the Federal constitution for entry into force are fulfilled by the end of the 31 July 2009, this Agreement shall enter into force on 1 September 2009 between the Federal Government and those countries which shall enter into force until the end of the 31 December 2009. The Federal Chancellery will meet the requirements for entry into force required by the country's constitution in July 2009 and inform the Federal Chancellery accordingly.

(2) Until the expiry of the 31 July 2009, the conditions for entry into force after the Federal constitution do not exist or do not meet the conditions laid down in paragraph 1 above, this agreement shall enter into force as soon as the following 1. This year in force, in which the conditions are fulfilled.

(3) After the entry into force of the agreement referred to in paragraph 1 or 2, the agreement shall be effective in relation to the other countries with effect from 1 September of that year, in which the conditions set out in paragraph 1 shall be met by the end of 31 July.

(4) In the cases referred to in paragraphs 2 and 3, by way of derogation,

a)			of Art. 9 of the corresponding date for the first transmission of proof of use in accordance with the law
c)			of Art. 10 of 1 September of the year of entry into force;
d)			of Article 11 (1) of the corresponding date for the first-time payment.

(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 2010, the conditions for the agreement can no longer be met for the first time.

Article 14

Duration

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. 9 in accordance with Art. 9.

Article 15

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 13 (1) of the Agreement, the Agreement shall enter into force between the Federal Government and the Länder of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg and Vienna, as of 1 September 2009.

Faymann