478. Agreement in accordance with Art. 15a B-VG on the development of institutional childcare provision and on the introduction of compulsory early language support in institutional childcare facilities, as well as the creation of a nationwide preschool education plan

The Federal Government, represented by the Federal Minister for Education, Arts and Culture, the Federal Minister for Health, Family and Youth, the Federal Minister for Women, the Media and Public Service, and the Federal Minister for Science and Technology, and the Federal Minister for Education and Research, Research-, and the countries of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg and Vienna, represented by the Landeshauptmann 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) According to the Barcelona objective of the European Union, in the interest of reconciling work and family life, childcare facilities should be available for 33% of under-three-year-olds by 2010, according to regional needs. According to the Children's Day Statistics 2006/2007 of the Federal Statistics Office Austria, the institutional care ratio of the under-three-year-olds is 10.8% nationwide. The present agreement is supported by the joint effort of the federal and state governments to increase the care ratio of the under-three-year-olds, with the child care being combined with a full employment of the parents especially to shall be considered.

(2) Children who have a lack of German knowledge, should in institutional childcare facilities, shall be That, with entry to the first school level of the elementary school, they master the language of instruction German according to uniform German standards in the sense of language competency models. The establishment of a possible language support needs in the institutional childcare facilities by kindergarten teachers and
-pedagogues together with the heads of the primary schools and Other qualified school staff. The language support is provided by kindergarten teachers and
-educators performed in an integrative and playful manner. At the end of 2008, language support will be evaluated and the countries will report on the measures that have been implemented. After this period of observation, the decision should be taken in good time for 2009/2010 as to whether enforcement measures have to be taken, the coupling to the family allowance being to be examined.

(3) In addition to the compulsory early language support within the meaning of paragraph 2, an education plan shall be focused on the content of early language support in institutional childcare facilities, in particular to improve the The transition from these to the primary school, and their cooperation.

Article 2

Strengthening the institutional childcare provision

The Contracting Parties agree to take the appropriate measures, within their respective spheres of competence, in order to achieve the Barcelona objective of the European Union for childcare, with full-day and full employment of the parents. In particular, childcare is particularly encouraged.

Article 3

Introduction of early language support in
institutional childcare facilities and
Creation of a nationwide pre-school education plan

1. The Contracting Parties shall also agree to take appropriate measures within their respective spheres of competence in order to cooperate between the institutional childcare facilities, schools, guardians and persons concerned. Federal education authorities to ensure that all children enter the first school level of the primary school as safe as possible by means of language competence models by all children in accordance with uniform German-language standards.

(2) The Federal Government shall, in particular,

1.		to the obligation of legal guardians to ensure that their children have sufficient command of the language of instruction in their admission to the school in order to be able to follow the lessons,
2.		for the elaboration of uniform German standards in the sense of language competence models,
3.		on the training of kindergarten teachers and teachers at the educational institutions for kindergarten education as well as for the special training of the heads of primary schools and of the school staff involved in the field of education the determination of language status and early language support at the universities of teacher education,
4.		on the development of curricula for a uniform qualification model for the special education, training and further education of kindergarten teachers in the field of language status and early language support at the Educational institution for kindergarten pedagogics or the universities of teacher education and
5.		to develop and make available to the countries a suitable procedure for the determination of the language status.

(3) Countries shall, in particular, undertake:

1.		for the provision of information and for the application of the procedures referred to in paragraph 2 (2), in institutional childcare facilities, for the identification of language support needs, including those children who have not yet visited such a facility , have
2.		for the necessary language support in the institutional childcare facilities in accordance with the uniform German standards and
3.		for the assignment of kindergarten pedagogues to the above-mentioned special education, training and further education measures of the Federal Government at the universities of teacher education
Care to wear.

(4) All measures must ensure that the status of the language is fixed at the latest by 15 months and the start of language support at the latest one year before the start of the child's compulsory schooling, with the first reading of the language status in the institutional childcare facility by the end of May 2008 and to start the first language promotion with the kindergarten year 2008/09. The Contracting Parties shall ensure compliance with the provisions of data protection law.

(5) The Contracting Parties shall set up an educational plan for institutional childcare facilities, in particular to improve the transition from them to primary school and their cooperation (including language support from one age). from 3 years) until July 2009. Taking account of minority rights, a development plan, focused on the content of early language support and on uniform educational standards, will be drawn up by July 2008 as part of this education plan, which will be developed in the countries will enter into force with September 2008.

Article 4

Definitions

(1) For the purposes of this Agreement, the terms shall mean:

1.		Institutional childcare facilities:
		Public and private kindergartens/crèches and age-related groups, with private individuals not in the private household who care for children under the same conditions of admission and exclusion as the general public. accessible and not to profit, as well as operating kindergartens/cribs.
2.		Day nursery and fathers:
		Day-care mothers and fathers are persons with an appropriate training and a caretaker permit (supervision permit) within the meaning of the respective Youth Welfare Act or the respective children's and/or the respective child's or child's/ Day care law, which for part of the day takes care of the child care of children.
3.		Half-day childcare:
		Child care
a)			by qualified staff,
b)			at least 30 weeks in the kindergarten year,
c)			at least 20 hours per week,
d)			weekdays from Monday to Friday and
e)			an average of four hours daily.
4.		Full-day childcare:
		Child care
a)			by qualified staff,
b)			at least 30 weeks in the kindergarten year,
c)			at least 30 hours per week,
d)			weekdays from Monday to Friday,
e)			an average of six hours daily and
f)			with offer of lunch.
5.		Child care with full employment of parents (VIF criteria):
		Child care
a)			by qualified staff,
b)			Year-round with interruption of not more than five weeks in the kindergarten year,
c)			at least 45 hours per week,
d)			weekdays from Monday to Friday,
e)			four days per week at least 91/2 hours and
f)			with offer of lunch.
6.		Kindergarten year:
		The period within the meaning of § 8 of the Schulzeitgesetz 1985, BGBl. No. 77.

(2) For the purposes of this Agreement, the terms used in the context of language early support shall mean:

1.		Uniform German standards in the sense of a language competency model:
		The language skills that are to be given when entering the first school level of the primary school.
2.		Education of kindergarten teachers:
		The qualification to be carried out at the educational institutions for kindergarten education according to the current syllabus and the applicable examination regulations.
3.		Continuing education and further education of kindergarten teachers:
		Those measures which are set at the universities of teacher education, in particular the courses on qualification for early language support.
4.		Suitable procedure for the determination of language status:
		An Austrian-wide, 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.
5.		Language support in kindergarten:
		The bundling of those pedagogical interventions, which are put into place in institutional childcare facilities in a suitable (child-like, individual, correct) form.
6.		Education Plan:
		The framing of those educational goals and competencies, as well as target formulations and guiding principles for effective pedagogical interventions and organizational measures applicable to children from three to six years of age; the education plan is so To define the connection points for further age groups and areas of education; the framing definition should allow for adaptation to the specific conditions at the respective location.

Article 5

Financing of the expansion of institutional childcare provision

(1) In order to partially cover the additional costs of the countries and municipalities in connection with the measures pursuant to Art. 7 in 2008, 2009 and 2010, the Federal Government will annually grant an earmarking grant within the meaning of § § 12 and 13 F-VG in 1948, in the amount of 15 Put millions of euros at the disposal. This amount shall be allocated among the countries as follows:

Burgenland: ...........................................................................	EUR 437 000
Carinthia: .................................................................................	EUR 940 000
Lower Austria: .......................................................................	EUR 2 812 000
Upper Austria: .........................................................................	EUR 2 626 000
Salzburg: .................................................................................	EUR 991 000
Steiermark: ..............................................................................	EUR 1 990 000
Tyrol: ....................................................................................	EUR 1 326 000
Vorarlberg: .............................................................................	EUR 767 000
Vienna: ....................................................................................	EUR 3 111 000

(2) The respective country shall make available for the measures in accordance with Art. 7 by one third more of financial resources than the federal government. The financial resources of the municipalities, which will be made available in addition to these measures, shall be included in the co-financing of the country concerned. When the federal subsidy is exhausted by the Länder, the measures under Art. 7 will thus be co-financed by the countries in the key 3: 4 (Bund :Land) with a total of 20 million euros per year.

(3) If the agreement does not enter into force for a country or several countries in a calendar year, the share of the Federal Government's special purpose grant shall be increased for the other countries in accordance with the recalculation of the distribution key within the meaning of Section 1.

Article 6

Financing of measures for language early-term promotion

(1) In order to cover the additional costs of the Länder and municipalities for the measures pursuant to Art. 3 in 2008, 2009 and 2010, the Federal Government shall be awarded annually a special purpose grant within the meaning of § § 12 and 13 F-VG in 1948, in the amount of a total of five million euros. Make available. This amount shall be allocated among the countries as follows:

Burgenland: ...............................................................................	EUR 83 500
Carinthia: ....................................................................................	EUR 239 500
Lower Austria: ..........................................................................	EUR 658 500
Upper Austria: ............................................................................	EUR 734 500
Salzburg: ...................................................................................	EUR 395 500
Steiermark: .................................................................................	EUR 477 500
Tyrol: ........................................................................................	EUR 400 000
Vorarlberg: .................................................................................	EUR 276 000
Vienna: .......................................................................................	EUR 1 735 000

(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 7

Dedicating the Federal subsidy
for the extension of the institutional childcare provision

(1) The Federal Government's special purpose grant pursuant to Art. 5 is granted for the creation of additional childcare places in institutional childcare facilities in principle for under-three-year-olds at the following level:

1.		EUR 1 500 per year for each child, in addition to the facilities referred to in Article 4 (1) Z 3;
2.		EUR 2 500 per year for each child, in addition to the facilities referred to in Article 4 (1) Z 4;
3.		EUR 4 000 per annum for each child, in addition to the facilities referred to in Article 4 (1) Z 5.

(2) The respective country can use up to 25% of the Federal Government's special purpose grant under Article 5 for the creation of additional childcare places in institutional childcare facilities for three to six years. With regard to the amount of the grant, paragraph 1 shall apply to any additional child of this age group.

(3) The respective country may use up to 50% of the Federal Government's special purpose grant in accordance with Article 5 for the retraining of day maters/fathers, if the trained person is in fact acting as a day mother or father afterwards. In this case, the grant will be 750 euros for each additional newly-trained day mother and father. The effectiveness of these training measures with a view to increasing childcare in the case of day-care mothers or fathers should be evaluated by 30 June 2009.

(4) In addition to the terms (1) to (3), in comparison with the preceding kindergarten year (first comparison: kindergartenjahr 2007/2008 for the kindergarten year 2008/2009).

(5) The Federal Ministry of Health, Family and Youth will compile the children's day-to-day statistics in the scope already agreed for the 2007/2008 kindergarten year between the Länder and the Federal Institute of Statistics Austria, as well as the Compilation of statistics on the care of children by day-mothers and fathers by the Federal Statistical Office of Austria. The countries undertake to make available in the survey for these statistics the data required in full and in time for the Federal Statistical Office of Austria.

Item 8

Accounting of the Federal subsidy
for the extension of the institutional childcare provision

(1) The additional supervision of under-three-year-olds and, at most, three to six-year-olds in accordance with Art. 7 is determined on the basis of the annual children's day-care statistics of the Federal Statistical Office, Austria, with the difference between the results of each of the three-year-olds and the results Child-day-home statistics the basis for the calculation of the height of the claim on purpose grant of the federal government. For the first time, the results of Kindertagesheimstatistics 2007/2008 (deadline: 15) will be published. October 2007) with 2008/2009 (reference date: 15. 10 October 2008).

(2) In the event of the use of the grant referred to in Article 7 (3), the country concerned shall demonstrate the use of this part of the grant in accordance with the following conditions:

1.		by proof of the number of completed new training of day-care mothers and fathers in the calendar year (for the first time in the calendar year 2008) and
2.		by proof of
a.			in which institution which persons were additionally retrained,
b.			the amount of a grant from the institution has been granted in addition to a newly trained person; and
c.			the caregivers ' permits (care permits) for the additional newly trained persons.

(3) The country has the Federal Chancellery and the Federal Ministry of Health, Families and Youth up to 30 June of a calendar year, for the first time until 30 June 2009, a list of the additional funds spent in the previous calendar year. in accordance with Article 5 (2) and the subsidy granted by the Federal Republic of Germany, and that it has been shown that it has been shown. The list of childcare facilities and the grants awarded to them and their purpose must be clear from the list. In addition, the country has to represent the national funds spent in the previous calendar year for the purposes of Art. 7 in addition to the 2007 budget year.

(4) The country shall reimburse the Federal Government's grant for the calendar year concerned to the extent that it has been granted in the calendar year concerned.

1.		the grant has not been exhausted on the basis of the amounts referred to in Article 7, by means of dedicated use, or
2.		the country has not granted a third more than the Confederation from additional funds has granted grants for purposes under Art. 7.

(5) If both conditions are met for the refund in accordance with paragraph 4, the amount of the refund in accordance with paragraph 4 Z 1 and Z 2 shall be calculated separately and only the higher one shall be taken into account.

(6) For each calendar year, the settlement shall be submitted separately to the Federal Chancellery and to the Federal Ministry of Health, Family and Youth by 30 June of a calendar year, for the first time by 30 June 2009. On behalf of the Federal Government, the Federal Ministry of Finance, in agreement with the Federal Chancellery and the Federal Ministry of Health, Family and Youth, is appointed by agreement with the Federal Ministry of Finance to decide on the settlement.

Item 9

Accounting of the Federal subsidy
for the measures on language early-term promotion

(1) For the purpose of demonstrating the use of the Federal subsidy according to Art. 6, the country has to present:

1.		the number of five-year-old children with a fixed language support requirement;
2.		the number of supported children who are already attending an institutional childcare facility and the number of those who have been added to language support in an institutional childcare facility;
3.		the institutional childcare facilities in which the support measures have been carried out, with the number of
a.			kindergarten pedagogues,
b.			the full-employment equivalent of kindergarten pedagogues and teachers in addition to language support; and
c.			of the hours actually spent on language promotion.

(2) The country shall reimburse the Federal Government's grant for the calendar year concerned in so far as it has not been able to demonstrate the use of the grant in respect of the calendar year in question.

(3) For each calendar year, the settlement shall be submitted separately to the Federal Ministry for Education, Arts and Culture by 30 June of a calendar year, for the first time by 30 June 2009. On behalf of the Federal Government, the Federal Ministry of Finance, in agreement with the Federal Ministry of Education, Arts and Culture, is appointed by the Federal Ministry of Finance to decide on the settlement.

Item 10

Adaptation of laws

The federal and national regulations necessary for the implementation of this agreement are to be put into effect until the latest of November 1, 2008. Countries will not increase the maximum number of children in children's groups (crèches) provided for in national legislation, with a view to implementing institutional childcare provision, and the minimum number of children will be subject to the minimum number of children. Do not reduce caring for children's groups (crèches).

Article 11

Federal payments

(1) The grant of the federal government pursuant to Art. 5 (1) and Article 6 (1) shall be applied in two equal rates in June, for the first time in June 2008, and in December of the respective calendar year to the account announced by the country.

(2) The payment shall be made by the Federal Ministry of Finance. The disbursals can be subject to any repayment obligations (Art. 8 (4) and (5) and Article 9 (2)).

Article 12

Evaluation and Controlling

The use of the special purpose subsidies and the impact of the funding will be evaluated and the federal government has the right to use the special purpose subsidies as well as the application of additional funds by the Länder. at any time. At the end of 2008, the measure of early language support is evaluated in particular with regard to its achievement (as far as possible all children who are not sufficiently proficient in the language of instruction to receive early language support); to this end The aim is to establish whether a statutory obligation to visit a kindergarten for children with a lack of language skills is to be established.

Article 13

entry into force

(1) If the conditions required by the Federal constitution for the entry into force of the Agreement are fulfilled by the end of the 31 May 2008, this Agreement shall enter into force 1. Jänner 2008 between the Federal Government and those countries in force, from which, until the end of 31 May 2008, the signed original of the agreement reached the Federal Chancellery, including the countries of Burgenland, Salzburg, Styria and Vienna.

(2) Until the expiry of 31 May 2008, 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 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 compared with the other countries, each with 1. This year shall take effect in which the conditions laid down in paragraph 1 shall be met by the end of 31 March.

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

a)			Article 7 (4), the corresponding kindergarten years and Article 8 (1), the corresponding child-day home statistics for the first-time comparison;
b)			of Article 8 (6) and Article 9 (3) of the corresponding date for the first transmission of the settlement;
c)			of Art. 10 of 1 April 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 settlement of the Federal subsidy granted to him in accordance with Art. 8 and 9.

Article 15

Original

This agreement shall be drawn up for each country in a document which the Federal Government and the country in question underwrite. The original documents shall be deposited with the Federal Chancellery. This has to transmit certified copies of the agreement to all parties.

Pursuant to Art. 13 (1), the agreement between the Federal Government and all the Länder is 1. Jänner entered into force in 2008.

Faymann