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Law Amending The Daycare Act (Flexible Lunch System In Day Care Centres, Etc.) Reprinted Definitive Series

Original Language Title: Lov om ændring af dagtilbudsloven(Fleksibel frokostordning i daginstitutioner m.v.) Omtryk

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Law on the amendment of the tender law

(Flexible lunch arrangements in the day institutions and others)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

Law no. 501 of 6. June 2007, on day, leisure and cluboffer, etc. for children and young people (the tender law), as amended by law no. 1148 of 3. In December 2008, section 142 of law no. 1336 of 19. In December 2008 and Section 1 of the Law No 1098 of 30. In November 2009, the following changes are made :

1. I Section 15 (3). 1, pasted as Act 2. :

" The parent board of municipal and self-governing day institutions in accordance with section 19 (4). 2 and 3 may decide to opt for a healthy lunch meal after paragraph 16 (a) (1). 1, cf. however, section 16 b (s), 2, 4 and 8. "

2. The following section 16 is inserted :

" Lunch in Sunday institutions

§ 16 a. All children in municipal and self-weighting day institutions and private institutions after paragraph 19 must have a healthy lunch meal every day, cf. however, paragraph 1 3 and 4 and § 16 b (3) (b) 1-3.

Paragraph 2. The local authorities may decide that a healthy lunch meal is part of the day offer service in municipal and self-governing day institutions, in accordance with section 19 (2). Two and three, for all children in the same age group.

Paragraph 3. The local authority shall take after the application of a child's parents decision that a child may be exemptable from a healthy lunch meal following paragraph 1. 1 if the child has a medical-proof allergy or other disease requiring a special diet, and the municipality does not, in a responsible manner, give the child a healthy lunch meal in the day's institution.

Paragraph 4. The city council may decide that children in municipal and self-governing day institutions in accordance with section 19 (4) are to be taken. 2 and 3 principally applying the area or similar nature of the forest as a basis for the child's stay in the day's institution shall not be subject to a healthy lunch meal after paragraph 1. 1.

§ 16 b. The parent board of municipal and self-governing day institutions in accordance with section 19 (4). 2 and 3 may decide to opt for a healthy lunch meal after paragraph 16 (a) (1). 1, cf. however, paragraph 1 2, 4 and 8.

Paragraph 2. In municipal and self-balanced daily institutions, in accordance with section 19 (4). 2 and 3, which consist of several units, may a simple majority of parents with children in the unit in question decide to opt for a healthy lunch meal after paragraph 16 (a) (1). 1. Parents have one vote for each child they have in the unit.

Paragraph 3. Parents with children in private institutions, in accordance with section 19 (1). 4, may decide to opt for a healthy lunch meal after paragraph 16 a, paragraph 1. 1. Decision after 1. Act. shall be taken by a simple majority of parents who have children in the private institution concerned. Parents have one vote for each child they have in the private institution. Parents with children in private institutions, in accordance with section 19 (1). 4, at least every two years, and no more than once a year shall have the opportunity to deselect a healthy lunch meal. The lunch meal must end, within six months of the date of the decision on the waiver of the parent ' s decision to be received by the institution. Parents of private institution are responsible for informing the private institution of the decision after 1. Act. The private institution shall lay down and publish guidelines for the parental leave of the parent ' s lunch meal according to section 16 (a) (1). 1, including the length of the period for the period of parental leave of a healthy lunch meal and deadlines and procedures for the dissemination of the parent's decision on the opt-outs to the private institution.

Paragraph 4. If the municipality is after Section 16 (a) (a), 2, decided that a healthy lunch meal is part of the daily allowance service in municipal and self-balanced daily institutions, in accordance with section 19 (2). In paragraph 2 and 3, for all children in the same age group, parents may not take a decision in accordance with paragraph 1. One and two.

Paragraph 5. The local authorities shall, at least every two years, and at most a maximum of each year give the option of fragrant of the provisions of paragraph 1. 1 and 2 of a healthy lunch meal after section 16 (a), 1. The lunch meal shall cease, within 6 months of the date of the parent ' s decision on the waiver of the decision taken by the municipality. The parent-teacher or the parents of each unit are responsible for informing the municipality of the parents ' decision on the opt-out of a healthy lunch meal.

Paragraph 6. The local authority must take precedence over parental leave or parents in the decision of the individual unit pursuant to paragraph 1. 1 and 2 inform the parent board or parents of the individual unit of the municipality ' s expected fare for a healthy lunch meal, cf. Section 32 (a) (a) 3.

Paragraph 7. The local authority shall determine and publish guidelines for the parental opt-out, cf. ~ 16 (b) (b) 1, 2, 5 and 6, of a healthy lunch meal after paragraph 16 (a) (1). 1, including the length of the period of parental leave and time limits and procedures for the dissemination of the parent ' s decision on the opt-outs to the municipality board.

Paragraph 8. The local authority may decide that the parent board or parents of each unit in municipal and self-governing day institutions shall be decided on in accordance with section 19 (1). 2 and 3 cannot opt for a healthy lunch meal after paragraph 16 (a) (1). 1, where it is estimated that a healthy lunch meal for both social and health reasons is particularly necessary for the children of the relevant day or unit concerned. The Municipal Management Decision after 1. Act. applies to the period, the municipality board pursuant to paragraph 1. 7 has set the parental board or parents of each unit's choice of choice. ` ;

3. § 17 the corresponding heading is replaced by the following :

" Orphaned lunchtime and food arrangements

§ 17. The parent board of a day care institution or the parents of each unit in municipal or self-governing day institutions in accordance with section 19 (1). 2 and 3, which, after section 16 (b) (b), 1 and 2 have opted for a healthy lunch meal or are not covered by a healthy lunch meal, cf. § 16 a (3) (a) 4, may decide to set up an orphan lunch scheme.

Paragraph 2. The local authority shall establish a maximum amount of the parent ' s payment to parental-arranged lunch arrangements in accordance with paragraph 1. 1.

Paragraph 3. The parent-teacher or the parents of each unit in municipal or self-governing day institutions in accordance with section 19 (3). 2 and 3 may decide to set up an orphan food scheme for the food that does not constitute lunch meal meal.

Paragraph 4. The local authorities may establish a framework for parental arrangements for lunch and food arrangements in accordance with paragraph 1. One and three. The parent-teacher or the parents of each unit in municipal and self-governing day institutions in accordance with section 19 (3). In the context of the possible frames, the municipality Board shall decide on how the arrangements are to be organised.

Paragraph 5. The local authority may, at the request of the parent board or the parents of each unit, decide to employ staff of the parental staff for parental food or food arrangements in accordance with paragraph 1. One and three. The municipal management board shall keep the expenditure on the administration of the employment relationship.

Paragraph 6. Parents of children in a private institution, after paragraph 19, paragraph 1. 4, as referred to in section 16 b (b) ; 3, has opted for a healthy lunch meal, may decide to set up an orphan lunch scheme. In addition, parents of children in a private institution may decide to set up an orphan food arrangements for the food which does not constitute lunch meal meal. The private institution may provide a framework for parental arrangements for lunch and food arrangements. Parents with children in the private institution decide in the context of any established framework, where the arrangements are to be organised. Individual parents with children in the private institution decide whether or not to use the parent-arranged lunch or food scheme after 1. and 2. Act.

Paragraph 7. Individual parents with children in a municipal or self-weighting day care post in section 19 (1). 2 and 3 decide whether or not to use the parental-order lunch or food scheme after paragraph 1. One and three. Parents using the parental-organized lunch or food scheme are paying the costs of the arrangements, cf. however, paragraph 1 9, including administration of the schemes and a possible salary cost to kitchen staff, cf. paragraph 5. The cost of lunch and food arrangements in accordance with paragraph 1. 1 and 3 are charged up to exclusive property costs, including the rent and maintenance.

Paragraph 8. The city council may offer to administer lunch and food arrangements in accordance with paragraph 1. One, three and six. Parents pay the municipality's expenses for administration after 1. pkt., cf. however, paragraph 1 5.

Niner. 9. When the municipality Board has decided to grant financial exemption grants, treatment-style free-shot or social-pedagogical release shots as referred to in Article 43 (3). 1, no. Two to four, the municipality board must also give parents with children in the day institutions in accordance with section 19 (5). 2-4, which has chosen to be part of a parental-arranged lunch scheme after paragraph 1. 1 or 6, an economic free-down allowance, treatment-style free-shot or social-pedagogical release allowance for the parental-meal meal after paragraph 1. One or six. The local authority shall administer and organise the administration of the release for the allocation of free-charge grants.

Paragraph 10. The local authorities may decide to grant a financial contribution to the payment of parental compensation for parental food arrangements in accordance with paragraph 1. 3 and 6. When the municipality Board has decided to grant an economic contribution to the payment of the parental rights, cf. 1. in respect of the economic conditions of the parents concerned, the grant to each parent shall be given. The local authority must manage and organise the administration for administering the subsidy.

Paragraph 11. The Social Affairs Minister is setting rules for the grant of free-space grants to parental-arranged luncheon arrangements.

4. § 25, paragraph. 1, ITREAS :

The ' Municipality Management Board shall be required to comply with the guarantee of the passport guarantee with effect from 1. in the following month, the subsidy shall be increased in accordance with section 32 (2). Paragraph 1, and section 33 (4). 1, to a minimum of 78%. for all children in the daily sale in the municipality, until the passport guarantee is again fulfilled and the municipality has established new subsidy percentages and own payment units. `

5. Section 31 (1). 2 and 3, is hereby repealed and the following shall be inserted :

" Stop. 2. Deposits and self payment shall be determined on the basis of the approved budgets of the day tenders. `

6. § 32 ITREAS :

" § 32. Deposits after Article 31 (3). 1, for parents with children in municipal and self-weighting day institutions, in accordance with section 19 (1). 2 and 3 must be at least 75%. and the parent ' s own funds shall not exceed 25%. of the gross operating expenditure of the budget, as laid down in paragraph 1. 2.

Paragraph 2. On entry into municipal and self-weighting day institutions in accordance with section 19 (1). Paragrials 2 and 3 shall be fixed by the Commune Management Board and the parent ' s own pay pursuant to paragraph 1. 1 on the basis of the gross operating expenses budgeted for stay in the day institutions, cf. paragraph 5, excluding expenditure for a healthy lunch meal after section 16 (a), 1, and property charges, including rent and maintenance.

Paragraph 3. Trees the municipality board decision that a healthy lunch meal is included as part of the day offer service, cf. § 16 a (3) (a) 2, the municipality of the municipal management contribution shall be at least 75%. and the parent ' s own funds shall not exceed 25%. of the gross budgeting expenditure, including the cost of a healthy lunch meal.

Paragraph 4. On entry into municipal and self-weighting day institutions in accordance with section 19 (1). 2 and 3 where a healthy lunch meal is included as part of the day offer service, cf. § 16 a (3) (a) 2, shall be fixed by the Commune Management Board and the parent ' s own payment in accordance with paragraph 1. 3 on the basis of the gross operating expenses budgeted for stay in the day institutions, cf. paragraph 5, including the cost of a healthy lunch meal and exclusive property costs, including rent and maintenance.

Paragraph 5. On entry into a municipal or self-absorbent daily institution, in accordance with section 19 (3). 2 and 3 shall be calculated by the financial contribution of the municipal management board and the parent ' s own payment in accordance with paragraph 1. 2 and 4 on the basis of the gross operating costs of the individual day care or on the basis of the average budget gross operating expenses for the daily institutions of the same type in the municipality. `

7. The following section is added :

" § 32 a. In municipal and self-balanced daily institutions, in accordance with section 19 (4). 2 and 3, with a healthy lunch meal after paragraph 16 a, paragraph 1. 1, the parents shall bear the cost of the meal for lunch.

Paragraph 2. The local authorities may decide to grant a grant to the payment of the parental rights under paragraph 1. 1.

Paragraph 3. On entry into municipal and self-weighting day institutions in accordance with section 19 (1). 2 and 3, with a healthy lunch meal, the payment shall be fixed in accordance with paragraph 1. 1 and the municipality of the municipal management board pursuant to paragraph 1. 2 on the basis of the gross operating costs of a healthy lunch meal after Article 16 (a) (1) (a), 1, exclusive property costs, including rent and maintenance.

Paragraph 4. On entry into municipal or self-weighting day institutions in accordance with section 19 (3). 2 and 3, with a healthy lunch meal, the parental pay shall be calculated in accordance with paragraph 1. 1 and the municipality of the municipal management board pursuant to paragraph 1. 2 on the basis of the gross operating costs of a healthy lunch meal after Article 16 (a) (1) (a), 1, for each day institution or on the basis of the average budgeting gross operating expenses for a healthy lunch meal for daily establishments of the same type in the municipality.

Paragraph 5. Parents ' payment in accordance with paragraph 1. 1 and the municipality of the municipal management board pursuant to paragraph 1. 2 shall be determined on the basis of the adopted budget of the municipal management board for a healthy lunch meal.

Paragraph 6. No payment shall be charged in accordance with paragraph 1. 1 for children covered by Article 16 (a) (1) (a). 2-4. "

8. § 33 ITREAS :

" § 33. Deposits after Article 31 (3). 1, for parents with children in municipal daycare in accordance with section 21 (2) ; 2, must be at least 75%. and the parent ' s own funds shall not exceed 25%. of the gross budgeting costs, excluding property costs, including rent and maintenance.

Paragraph 2. In the municipal day care, after paragraph 21 (1), 2, the municipality ' s allowance and the parent ' s own payment shall be calculated in accordance with paragraph 1. 1 on the basis of the average gross budgeting costs for the municipal day care. `

9. I § 36 pasted as paragraph 3-5 :

" Stop. 3. If the municipal council grants grants after paragraph 32 (a) (1). 2, for a healthy lunch meal after § 16 a, paragraph 1. 1, the municipality Board shall also grant a grant per year. child engaged in a private institution when there is a healthy lunch meal after paragraph 16 (a), 1, in the private institution.

Paragraph 4. The subsidy under paragraph 1. 3 shall correspond to the grant in accordance with section 32 (a) (1). 2, as the municipality's management board grants a per. child who receives a healthy lunch meal after paragraph 16 a, paragraph 1. 1, for the age group to which the child belongs.

Paragraph 5. The subsidy under paragraph 1. 3 shall be used to reduce the payment of parents to a healthy lunch meal after section 16 (a) (1). 1. "

10. I § 41 inserted after paragraph 1. 3 as new slices :

" Stop. 4. If the municipal council grants grants after paragraph 32 (a) (1). 2, for a healthy lunch meal after § 16 a, paragraph 1. 1, the local authority of the municipality of the residence municipality shall also grant a grant per year. child engaged in a day care institution in another municipality when there is a healthy lunch meal after paragraph 16 a, paragraph 1. 1, in the day institution of the other municipality.

Paragraph 5. The subsidy under paragraph 1. 4 shall correspond to the grant after paragraph 32 (a) (1). 2, as the municipality's management board grants a per. child who receives a healthy lunch meal after paragraph 16 a, paragraph 1. 1, for the age group to which the child belongs.

Paragraph 6. The subsidy under paragraph 1. 4 shall be used to reduce the payment of the parent to a healthy lunch meal after paragraph 16 (a) (1). 1. "

paragraphs 4 and 5 shall then be referred to in paragraph 1. Seven and eight.

11. I § 43 pasted as paragraph 2 :

" Stop. 2. When the municipality Board has decided to grant a search grant, financial clamour grant, treatment-free-plaque or social-pedagogical release shots as referred to in Article 43 (3). 1, no. Paraguate 1-4, to the lowering of the parent ' s own payment to a place in a day care institution, the local authorities shall also provide the parents with children in daily institutions where there is a healthy lunch meal after paragraph 16 (a) (1). 1, a sibling subsidy, financial clamour grant, treatment-free-scale or social-pedagogical release allowance for a healthy lunch meal after paragraph 16 (a) (1). 1. "

12. I § 83 pasted as paragraph 3 and FOUR :

" Stop. 3. If the municipal council grants grants after paragraph 32 (a) (1). 2, for a healthy lunch meal after § 16 a, paragraph 1. 1, the municipality Board shall also grant a grant per year. child engaged in an institution-like private passport arrangement when there is a lunch meal in the scheme.

Paragraph 4. The subsidy under paragraph 1. 3 shall correspond to the grant in accordance with section 32 (a) (1). 2, as the municipality's management board grants a per. child who receives a healthy lunch meal after paragraph 16 a, paragraph 1. 1, for the age group to which the child belongs. ` ;

§ 2

Law no. 1148 of 3. December 2008 amending the day-, leisure and cluboffer, etc. for children and young people (the tender law). (Lunch meal in day institutions, etc.), as amended by Section 2 of Law No 1098 of 30. In November 2009, the following changes are made :

1. § 1, no. 2-7, revoked.

§ 3

Law no. 1098 of 30. Nov 2009 on the amendment of the day-, leisure and cluboffer, etc. for children and young people. (The date of entry into force of the system of lunch meal in the day institutions, etc.), the following changes shall be made :

1. § 1 revoked.

2. § 2, nr. 1, revoked.

§ 4

Paragraph 1. The law shall enter into force on 1. January, 2011, cf. however, paragraph 1 2-6.

Paragraph 2. sections 2 and 3 shall enter into force on the day following the announcement in the law.

Paragraph 3. Notwithstanding section 16 (a) (a) 1, in the case of the day, leisure and cluboffer, etc. for children and young people (the tender law), as drawn up by the section 1 of this Act. 2, children in daytime establishments must only have a healthy lunch meal during the period from 1. January, 2011 to the 31 st. July, 2011, or part of the period when the local authority decides on this subject. The Municipal Management Decision after 1. Act. may be taken for one or more municipal and self-governing day institutions in accordance with section 19 (1). In the case of children and young people (the day offer law) or for specific age groups in such day institutions, two and three (3), in the day, time and cluboffer, etc. for children and young people. The city council can make a decision after 1. and 2. Act. from the 15th. June 2010.

Paragraph 4. If the municipality altrustee for the period from 1. January, 2011 to the 31 st. July 2011 or part of the period shall take a decision pursuant to paragraph 1. 3 and a healthy lunch meal has been introduced for all children in daily establishments in the same age group, all children of the age group concerned shall be in the private institutions concerned in accordance with section 19 (1). 4, in the case of the day, time and cluboffer, etc. for children and young people (the tender law) in the period, as well as having a healthy lunch meal.

Paragraph 5. The city council has from the 15th. June 2010 is the responsibility of the parents of children in a day care institution after Article 19 (1). 2-4, in the law on day-, leisure and cluboffer, etc. for children and young people (the tender), not later than 31 of the day before the tender. December, 2010, in accordance with the rules in section 16 b (1) 1 and 2 (2). 3, 1. -4. and 6. pkt., paragraph FIVE, ONE. and 3. pkt., and paragraph. 6, in the case of the day, leisure and cluboffer, etc. for children and young people (the tender law), as drawn up by the section 1 of this law. 2 will be given the opportunity to decide whether to opt for the sound lunch which the local authorities may decide upon in accordance with paragraph 1. 3, and a healthy lunch meal after paragraph 16 a, paragraph 1. 1, in the case of the day, leisure and cluboffer, etc. for children and young people (the tender law), as drawn up by the section 1 of this Act. 2. The local authorities shall adopt and publish guidelines as referred to in section 16 b (1) (b). 7, in the case of the day-, leisure and cluboffer, etc. for children and young people (the tender bill) in the form of this law's section 1, no. 2, for the parent ' s decision after 1. Act. Private institutions in section 19 (1). 4, in the case of the day, time and cluboffer, etc. for children and young people (the tender bill), shall lay down and publish guidelines as referred to in section 16 b (1). 3, in the case of the day, leisure and cluboffer, etc. for children and young people (the tender law), as drawn up by the section 1 of this Act. 2, for the parent ' s decision after 1. Act. Guidelines laid down in accordance with 2. and 3. Act. remain in force after the 1. of January 2011, until the local authority or private institution lays down new guidelines pursuant to section 16 b (1). 3 and 7, in the law on day, leisure, and cluboffers, etc. for children and young people (the tender bill) in the form of this law's section 1, no. 2.

Paragraph 6. In municipal and self-balanced daily institutions, in accordance with section 19 (4). 2 and 3, in the case of the day, leisure and cluboffer, etc. for children and young people (the tender), where 31 are available before the date of the contract. In December 2010, a healthy lunch meal has been established in accordance with the rules in section 4 (2). 1, in Law No 1. 1098 of 30. Nov 2009 on the amendment of the day-, leisure and cluboffer, etc. for children and young people, where the scheme is running up to 31. In December 2010, and where the parents decide in accordance with paragraph 1. 5 in the absence of a healthy lunch meal, the local authorities may, irrespective of the parent's decision of these daycare establishments, for the period from 1. January, 2011 to the 30th. June 2011 shall decide on paragraph 1. 3 that all children in daytime establishments must have a healthy lunch meal.

Paragraph 7. The decisions taken by the institution and the institution of the institution in accordance with section 17 (4). 2 and 5, in the Law No 501 of 6. June 2007, on day, leisure and cluboffer, etc. for children and young people (the tender bill) to set up a parental-paid catering arrangement shall be valid unless the parent board or the institution decides otherwise, after the first one. January 2011, in the same way as a decision taken pursuant to Article 17 (2). 1, 3 and 6, of the day-, leisure and cluboffer, etc. for children and young people (the tender bill) in the form of this law's § 1, nr. 3. In daily institutions, with a healthy lunch meal, in accordance with paragraph 1. 3, parental-funded food schemes may be established in accordance with the rules of section 17 of the Act 501 of 6. However, June 2007, on day, leisure and cluboffer, etc. for children and young people (the tender act) will continue only after 1. Act. for the food which does not constitute lunch meal meal.

Paragraph 8. Decisions taken pursuant to section 4 (4). Amendment No 4. 1098 of 30. In November 2009, on the amendment of the day-, leisure and cluboffer, etc. for children and young people, that a child can be exemptable from a healthy lunch meal, the first one applies to the 1. January 2011, in the same way as a decision taken pursuant to Article 16 (a) (1) (a). 3, in the case of the day, leisure and cluboffer, etc. for children and young people (the tender law), as drawn up by the section 1 of this Act. 2.

Givet on Amalienborg, the 11th. June 2010

Under Our Royal Hand and Segl

MARGRETHE R.

/ Benedikte Kiær

Retryksnote
  • 24-08-2011 :
  • The law has been reprinted, since the text "Under Our Royal Hand and Segl" prior to the name of the Regent or Regent, due to an error in the technical production of the formula, was omitted. The failure therefore does not apply to the law.