Regulation on professional German language funding (German language funding regulation-DeuFöV)

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DeuFöV

Date of completion: 04.05.2016

Full quote:

"German Language Support Ordinance of 4 May 2016 (BAnz AT 04.05.2016 V1)"

Footnote

(+ + + Text evidence from: 1.7.2016 + + +) 

  

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Input formula

Pursuant to Article 45a (3) of the Residence Act, which is defined by Article 3 (7) of the Law of 20. October 2015 (BGBl. I p. 1722), the Federal Ministry of Labour and Social Affairs, in agreement with the Federal Ministry of the Interior, has been assigned:

Part 1
General provisions

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§ 1 Implementation of the professional German language promotion

(1) The task of the Federal Office for Migration and Refugees (Bundesamt) is to carry out the vocational German language support programme. The Federal Office of Private and Public Sponsors (Bundesamt) is responsible for carrying out the vocational German language support programme. The Federal Office takes into account the needs identified by the Federal Employment Agency and the authorities responsible for the implementation of the basic insurance for job-seekers. (2) Participation in the German language Professional German language support is to be particularly taken into account for the needs of people with disabilities and for accessibility. Unofficial table of contents

§ 2 Personal scope of the regulation

(1) The Regulation shall apply to foreigners within the meaning of Section 2 (1) of the Residence Act and to foreigners whose legal status is determined by the law of the free movement of persons. (2) The Regulation is applicable to German nationals with a migrant background. Unofficial table of contents

§ 3 Objective of German-language language support

The job-related German language promotion serves the language acquisition in order to improve the chances in the work and training market.

Part 2
Framework conditions for participation

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§ 4 Participation in the professional German language promotion

(1) Persons in accordance with § 2 may obtain a right to participate in the promotion of German-language language support if the occupation-related German language support is necessary,

1.

in order to improve their chances in the labour or training market and at the time of the granting of the eligibility to participate

a)

In the case of the Agency for Work, search for work, search for work or unemployed, or in actions after the second subsection of the Third Section of the Third Chapter or § 130 (1) sentence 2 of the Third Book of the Social Code be encouraged, or

b)

Benefits in accordance with the Second Book of the Social Code,

2.

Because they have to reach a certain level of language in addition to the recognition of foreign professional qualifications or to access to the profession, or

3.

in order to support them as apprentices during their vocational training within the meaning of § 57 (1) of the Third Book of the Social Code in the implementation and successful completion of the training.

You can only be granted a right to participate in the German language course in German language only if you have been granted the Duldung according to § 60a (2) sentence 3 of the Residence Act. § 45a (2) sentences 3 and 4 of the Residence Act must be observed for persons who have a residence permit under the Asylum Act. (2) Persons according to § 2, who are in an integration agreement according to the Second Book of Social Code or In accordance with Section 8 (3), priority should be given to taking into account the administrative action required to participate in the promotion of German-language language-language promotion. In the same way, priority should be given to persons who have a residence permit under the Asylum Act and who are to be expected to stay legally and permanently. (3) Participation in the occupation German language support requires sufficient German language skills in accordance with the level B 1 of the Common European Framework of Reference for Languages (§ 2 (11) of the Residence Act). This does not apply to the participation in special modules according to § 13 (1), first sentence, no. 3 and 4. (4) In order to participate in the professional German language promotion, employees have to pay a fee to the Federal Office of the Federal Office. This shall not apply to:

1.

Employees who, in addition to employment, receive benefits under the Asylum Seekers Benefits Act, the Second Book of Social Code or support for subsisting in accordance with the Twelfth Book of Social Code, or who have a right to unemployment benefit,

2.

Apprentices who complete a vocational training within the meaning of § 57 (1) of the Third Book of Social Code or an entry qualification within the meaning of § 54a of the Third Book of Social Law.

(5) The contribution to the costs referred to in paragraph 4 shall be 50 per cent of the rate of reimbursement of expenses in accordance with § 25 (1) sentence 1 and shall be paid for a module at the beginning of the reimbursement of the costs of the course. Eligible participants who do not participate in a module or cancel participation remain committed to the performance of the cost contribution for the module, unless they do not have to represent the non-participation or the cancellation. The employer may replace the costs with the participant. Unofficial table of contents

§ 5 Competence for the decision on eligibility

(1) On the eligibility of persons pursuant to § 4 (1) sentence 1 (1) (a), the agencies shall decide for work. (2) On the eligibility of persons to participate in accordance with § 4 (1) sentence 1 (1) (b), the decisions shall be taken by the agencies. Implementation of the basic insurance for jobseekers. (3) The Federal Office shall decide upon the eligibility of persons pursuant to § 4 (1) sentence 1 (2), if the conditions set out in § 4 (1) (1) (1) (1) (1) do not apply. (4) On the eligibility of persons to participate in accordance with § 4 (1) sentence 1, point 3 the Federal Office shall decide upon request. Unofficial table of contents

§ 6 Grant, form and content of eligibility for participation

(1) The eligibility for participation shall be issued by the competent authority in accordance with § 5 in written form, stating the issuing body and the date of the exhibition. It entitles the holder to register for participation in a module in the case of a carrier (course carrier) approved for the purpose of carrying out the professional German language promotion according to this Regulation. (2) The following information is included in the eligibility for participation : name, first name, date of birth, sex, address, place of birth, nationality, residence permit, residence status and presence of employment. In the case of persons pursuant to § 4 (2) sentence 1, the declaration must be included in the eligibility for participation, that the participation is mandatory on the basis of an integration agreement or on the basis of a administrative act replacing it. In addition, information on the state of education, the language level and the desired language level and the appropriate module should be included. (3) The eligibility for participation shall be issued after three months from the date of issue, if the participant or participants did not register with a course holder. By way of derogation from the first sentence, it shall expire at the end of the period specified in the eligibility for participation, if a different period of time is laid down in the inclusion agreement or in the administrative act replacing it. The eligibility for participation can be restricted regionally. (4) The eligibility for participation must be accompanied by a factsheet on the module offer, on the registration procedure and on the modalities of participation, including the deadlines to be observed. information. The information sheet must be made available in suitable translations. (5) The Federal Office shall establish a uniform form for the eligibility of the participation and the factsheet in accordance with paragraph 4. (6) The authority issuing the eligibility for participation in accordance with § 5 (1) and (2) shall send a copy of the eligibility for participation to the Federal Office. Unofficial table of contents

§ 7 Registration for professional German language support

(1) Eliseholders who are entitled to participate in the course of the period arising from the first and second sentences of § 6 (3) sentence 1 and 2 shall apply to a course carrier. In the course of the registration, the written eligibility for participation is to be submitted. (2) The course carrier records the registration and the data listed in the eligibility for participation and confirms in writing the expected time of the module start (Login Confirmation). The original of the eligibility for participation remains with the course holder. (3) After the registration of persons pursuant to § 4 (2) sentence 1, the course carrier shall immediately send the confirmation of registration to the body issuing the eligibility for participation. Unofficial table of contents

§ 8 General obligations of the course holder

(1) The course holder shall participate in the appropriate module in accordance with their language status. The language level is to be determined in such a way that an assignment to the module is made possible (placement test). Existing certificates in accordance with the Common European Framework of Reference for Languages can be taken into account in so far as they are not older than six months. (2) With the registration of 15 eligible participants for a module, this module is to be considered (3) The course carrier must give priority to persons pursuant to § 4 (2). (4) The course carrier and the entitled to participate shall conclude a contractual agreement on the conditions of participation in accordance with the requirements of the Federal Office. (5) The course carrier publishes its course offer as well as the available course places after the requirements of the Federal Office. Unofficial table of contents

§ 9 Reporting requirements of the course carrier; non-registration of the module

(1) The course carrier shall report to the Federal Office for fourteen days the number of registrations for the individual modules and their expected start and the language status of the eligible participants. (2) The course carrier shall report to the person entitled to participate and/or the participant and the person entitled to participate and to participate in the course. (3) If a course does not materiate within four weeks after an application, the course holder is obliged to take the course of the course in the course of four weeks after the course has been notified. , the Federal Office of the Federal Republic of Germany and the (4) In the cases referred to in paragraph 3, the Federal Office shall inform the person entitled to participate in another course carrier. (5) Module breaks of participants shall report to the course carrier Immediately to the Federal Office and to the body issuing the eligibility for participation. In addition, the course carrier must inform the body responsible for the implementation of the basic insurance for jobseekers without delay if, in the case of persons pursuant to § 4 (2) sentence 1 due to irregular participation, a successful conclusion of the Module is no longer to be expected. Unofficial table of contents

§ 10 Travel expenses and childcare

(1) Eligible persons who receive benefits under the Second Book of Social Code, according to the Twelfth Book of Social Code, according to the Asylum Application Act or § 56 of the Third Book of the Social Code, are received by the Federal Office if necessary on request, a flat-rate subsidy to the necessary driving costs. If there is no public transport system at the site, the Federal Office may reimburse the course holders with the necessary travel expenses incurred by them in individual cases to ensure that they participate in the professional German language support system. (2) The Federal Office should support the participation in the occupation-related German language support by means of a childcare provision, as far as, as a rule, no local care offer is available for at least three dependent children of the participants. is. As a rule, the modules according to § 12 and § 13 are to be offered as parental courses for those entitled to participate who have to educate children. The parents ' courses should also include information on the compatibility of family and work.

Part 3
Structure, duration and content of the professional German language promotion

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§ 11 Basic structure and modules of professional German language support

(1) The professional German language support is based on the integration course according to § 43 of the Residence Act. It is offered in modules according to § 12 and § 13. (2) Teaching takes place in German. A teaching unit is a teaching event of 45 minutes duration. (3) The number of participants in a module may not exceed 25. The Federal Office may, in individual cases, allow exceptions to the first sentence. (4) The modules can be carried out in full-time or in part-time. If necessary, it can also be carried out online or in virtual classrooms. The temporal and media design should ensure that, if required, the language acquisition can be accompanied by vocational training or training, as well as a combination with measures of active labour market policy according to § 16. A full-time module usually does not include more than 25 teaching units per week. (5) The Federal Office determines the framework conditions for the implementation of online modules or modules in virtual classrooms. Derogations from the rules set out in the first sentence of paragraph 3 may be permitted for these tenders. (6) The modules may be supplemented with operational learning phases. Unofficial table of contents

§ 12 Basic modules

(1) The basic modules are used to achieve

1.

language level B 2, starting from level B 1 or

2.

language level C 1, starting from level B 2 or

3.

language level C 2, based on level C 1

of the Common European Framework of Reference for Languages. (2) A basic module generally comprises 300 teaching units. Unofficial table of contents

§ 13 Special modules

(1) In addition, special modules are offered, which are available on

1.

individual occupational groups in connection with procedures for the recognition of professional qualifications or access to the profession,

2.

subject-specific teaching,

3.

the achievement of language level B 1, starting from level A 2 of the Common European Framework of Reference for Languages, or

4.

the achievement of language level A 2, based on the underlying language levels of the Common European Framework of Reference for Languages

are aligned. Special modules as set out in the first sentence of the first subparagraph shall be based on the specifications of the competent authorities for professional recognition and shall normally not exceed 600 units per unit of instruction. The number of special modules referred to in the first sentence of 1 (2) to (4) is generally equal to 300 units of instruction. (2) The special modules referred to in the first sentence of the first sentence of paragraph 1 (3) and (4) are to be addressed only to persons entitled to participate, who, in spite of their proper participation have not reached the language level B 1 at an integration course according to § 43 of the Residence Act. Unofficial table of contents

§ 14 Learning content and learning objectives

The Federal Office determines the learning contents and learning objectives for the basic modules according to § 12 and the special modules according to § 13. This is done according to the job-specific needs and taking into account the methodological-didactical findings as well as experiences in the teaching of German as a second language in an educational framework concept. Unofficial table of contents

§ 15 Certificate audits in accordance with the Common European Framework of Reference for Languages

(1) The basic modules according to § 12 and the special modules according to § 13 (1), first sentence, points 3 and 4, end with the corresponding certificate examination in accordance with the Common European Framework of Reference for Languages. The special modules according to § 13 (1), first sentence, end with the certificate exams required for the recognition of the profession or the professional access. (2) The course carrier allows the participants to place the certificate examination in accordance with the Common European Framework of Reference for Languages. If it does not exist, the respective certificate examination can be repeated once. At the request of the participant or the participant, the module may be repeated at the place issuing the eligibility for participation once the examination is not to be expected without the re-participation. The results of the certificate examination must be communicated to the Federal Office and the authority issuing the certificate of participation. (3) The Federal Office shall bear the costs of carrying out and evaluating the certificate exams. The assumption of costs extends to the one-off repetition of the certificate examination. (4) participants who do not take a certificate examination or who do not pass the examination in the case of repetition shall receive a certificate from the course holder. Certificate of attendance, which contains information on the progress made in learning. The course carrier shall send a copy of the certificate of attendance to the Federal Office and to the body issuing the eligibility for participation. Unofficial table of contents

§ 16 Combination of vocational German language support with measures of active labour market policy

Modules of professional German language support can be provided with measures according to the second section, the second and fourth subsections of the third section, the fourth section or the seventh section of the third chapter or § 130 of the third party. The Book of Social Code or the measures for integration in accordance with the Second Book of the Social Code or with labour market policy federal and state programmes are combined. When these combined measures are carried out, the course carrier works together with the participating performance and measure carriers. To this end, an agreement on further development and coordination may be concluded between the institutions involved and the competent agency for work and the body responsible for the implementation of the basic insurance for jobseekers. Unofficial table of contents

§ 17 Resources for teaching and learning

(1) The teaching and learning resources for basic modules according to § 12 and for special modules according to § 13 (1), first sentence, points 3 and 4, must map the contents of the certificate examinations in accordance with the Common European Framework of Reference for Languages. In the case of special modules according to § 13 (1), first sentence, no. 1, they must depict the content specified for the occupation-related language examination. For special modules according to § 13 (1) sentence 1 (2), the teaching and learning resources must be suitable for promoting the achievement of these modules. (2) The teaching and learning resources are made available free of charge by the course carrier. Unofficial table of contents

§ 18 Teachers

(1) Teachers of German-language vocational training must have a completed university degree, the language level C 1 in accordance with the Common European Framework of Reference for Languages and the required suitability. The teachers should have an additional qualification in German as a foreign language or German as a second language or equivalent qualification. The Federal Office may grant exceptions to the second sentence for a period of up to two years. (2) The admission to teaching in accordance with § 15 (1) and (2) of the Integration Course Ordinance shall be deemed to be proof of sufficient professional qualification and Suitability as referred to in paragraph 1.

Part 4
Admission of the course carriers; appointment of test bodies

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Section 19 Admission of the providers of the professional German language promotion

(1) The Federal Office shall, upon request for the implementation of the professional German language support and the placement test, grant the approval if the applicant is responsible for the application of the

1.

are reliable and law-based,

2.

are able to carry out professional German language support properly (performance) and, in particular, ensure the continuity of the teaching staff,

3.

have the necessary expertise,

4.

apply a quality assurance and development process, and

5.

Agree to conclude cooperation agreements with the Federal Office, with other approved courseholders and other actors required for the successful implementation of professional German language support.

(2) The application shall indicate whether an authorisation is requested for a location or for a number of locations. The information in accordance with § 20 shall be made for each location. The admission as a carrier for language modules in the form of the first sentence of § 11 (5) is to be requested separately. (3) The Federal Office shall establish a comprehensive and, if necessary, oriented offer of occupational-related German language support for the entire Federal Republic of Germany. Unofficial table of contents

Section 20 Requirements for the application for authorisation

(1) In order to assess the reliability and lawfulness of the applicant or the persons appointed to manage their business, the application shall contain the following, accompanied by the necessary documents:

1.

in the case of natural persons, information on the names, first names, date of birth, place of birth, address of the place of birth, the address of the place of business and the branches from which the professional language modules are to be offered,

2.

in the case of legal persons and partnerships, information on the names, first names, date of birth, place of birth of the representatives in accordance with the law, the statutes or the social contract, the address of the place of business and the branches, of which the occupation-related language modules should be offered; if they have been entered in the association or commercial register, a corresponding excerpt is to be provided,

3.

a declaration by the requesting person or their legal representation or, in the case of legal persons or non-legal persons associations, who are represented by law, statutes or social contract for representation or management Authorized

a)

on insolvency proceedings, criminal proceedings, pending criminal proceedings, prosecutorial investigative procedures and commercial subcessions within the last five years, or

b)

on corresponding foreign procedures and penalties if they had their domials or habitual residence during that period, predominantly abroad,

4.

an overview of existing or ongoing support programmes or similar measures;

5.

a statement as to whether an application for authorisation from the applicant or its legal representation or the person entitled to represent or management has been refused or withdrawn within the last three years.

(2) In order to assess the performance of the applicant, the application must include information on the following, in the form of the required documents:

1.

practical experience in the field of organization and implementation of language placement courses, in particular with job-related measures of language promotion, as well as results, successes and references,

2.

the authorisations already granted to the applicant for comparable measures as a course holder of state or certified bodies,

3.

the experience with competence-determination procedures in the vocational language promotion German as a second language,

4.

quality assurance of the teaching organisation,

5.

the assessment of the success of the vocational German language support system,

6.

the administrative structure referred to the sites,

7.

the establishment and design of the classrooms, the equipment and the technical equipment and the system of data transmission,

8.

the use of new media in the teaching of learning content,

9.

the staff equipment, including the qualifications of the teachers in accordance with § 18 (1) and (2), the level of remuneration of the fees paid, and the continuity of the existing teaching staff,

10.

on the knowledge of the local labour market and the need for measures to promote German-language vocational training,

11.

Cooperation on the ground with companies, other institutions, in particular with the agencies for work, the bodies responsible for carrying out the basic insurance for job-seekers, as well as counselling centres for migrants and refugees , as well as a willingness to conclude cooperation agreements in accordance with Article 19 (1) (5), and

12.

cooperation with other language course providers, in particular information on the organisational capacity to jointly conduct language courses in the region.

(3) In order to assess the quality assurance and development instruments used by the applicant, the application must provide documentation on the measures in the fields of management, staff, customer communication, the organisation of education and -Implementation, evaluation and controlling included. (4) Admission as a course carrier of the special modules according to § 13 (1), first sentence, no. 1 and 2 requires information on the fulfillment of specific quality characteristics of the Federal Office of the Federal Republic of Germany and the Federal Office of the Federal Republic of Germany Framework conditions. (5) The application form specified by the Federal Office should be used for the application. . Unofficial table of contents

Section 21 Examination and decision of the Federal Office

(1) The Federal Office shall decide on the application for admission after examination of the submitted documents and, as a rule, after the local examination by the decision. In addition to the information provided in § 20, the decision to grant approval and its duration must take into account the experience gained with the previous cooperation of the course carrier with the Federal Office. (2) The admission is due to a certificate. "Authorised carrier for the implementation of professional German language support according to the Residence Act" attested. The certificate must be used for which modules the carrier is approved for. It is granted for a maximum of five years. The duration of the authorisation shall be determined on the basis of a point system which reflects the achievement of standards in respect of the criteria referred to in paragraph 1. In addition, the Federal Office may shorten the duration of the admission procedure if a compensation limit for teachers is undershot by the Federal Office. (3) The Federal Office shall be entitled to carry out exams for the performance of its duties with the course winners. , to carry out documents and to attend unannounced courses. The course carrier is obliged to provide information to the Federal Office upon request. The course carrier has immediately notified the Federal Office of amendments which may have an effect on the admission. Unofficial table of contents

Section 22 Revocation and deletion of the authorisation

(1) The admission of the course carriers in accordance with § 21 shall be revoked with effect for the future, if their conditions are no longer available, in particular if:

1.

the course carrier repeatedly violates its duty of participation in the determination of the proper participation of the participants,

2.

insolvency proceedings concerning the assets of the course holder have been opened or threatened directly or the request for the opening of the insolvency proceedings has been dismissed due to a lack of mass.

3.

repeatedly and in spite of prior warning against conditions and secondary provisions which form an integral part of the decision on the application for authorisation,

4.

the Kurbearer violates the rights of its employees,

5.

in the classification procedure, a wrong module assignment has been repeated, or

6.

The prescribed procedure has not been complied with repeatedly in the performance of the certificate tests in accordance with § 15.

(2) The authorisation shall cease if the course holder ceases the activity in the long term or has not carried out a module within the meaning of § § 12, 13 over a period of more than one year, unless the non-access of modules is based on the (3) In addition, § § 48 and 49 of the Administrative Procedure Act (Verwaltungsverfahrensgesetz) are applicable. Unofficial table of contents

§ 23 appointment of examination offices

The Federal Office may, under the application of the procurement law, appoint an appropriate body for the development, implementation and evaluation of the certificate examination in accordance with the Common European Framework of Reference for Languages and the placement tests. The Federal Office shall ensure that the certificate examination is carried out uniformly throughout Germany by recognised institutions.

Part 5
Expert panel; reimbursement of expenses

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Section 24 Expert body

The Federal Ministry of Labour and Social Affairs is setting up a panel of experts to evaluate curricula, teaching and learning resources, to develop quality control procedures, and to further develop the professional German language support system. Unofficial table of contents

§ 25 Reimbursement of expenses

(1) The Federal Office of the Federal Republic of Germany shall, after determining the nationwide price development, set appropriate cost-reimbursement rates which meet the principles of cost-effectiveness and economy. The Federal Office regulates the administrative costs incurred by the Federal Office in connection with the organisation and the implementation of the professional German language support system in the Federal Office of the Federal Republic of Germany. reasonable amount. The details will be laid down in an administrative agreement between the Federal Ministry of Labour and Social Affairs and the Federal Office.

Part 6
Data processing; monitoring

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§ 26 Data processing

(1) The Federal Office shall process the following participant-related data for the performance of its statutory coordination and implementation tasks:

1.

names, first names,

2.

date of birth, place of birth,

3.

Address,

4.

Nationalities,

5.

Residence permit,

6.

Residence status,

7.

Gender,

8.

information on the status of education, professional qualifications and the existence of employment,

9.

Language information in accordance with the Common European Framework of Reference for Languages and

10.

The authority issuing the eligibility for participation.

(3) The personal data referred to in paragraph 1 shall be deleted after five years at the latest. The data referred to in paragraph 1 shall be deleted after five years. Unofficial table of contents

§ 27 Monitoring report

The Federal Office shall draw up a monitoring report in accordance with the guidelines of the Federal Ministry of Labour and Social Affairs and shall forward this report to it. The report contains only aggregated statistical evaluations, which are necessary for the control and evaluation of the measures of the occupation-related German language support.

Part 7
Transitional arrangements; entry into force

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Section 28 Support for the ESF-BAMF programme

(1) In the course of the promotion period from 1 January 2015 to 31 December 2017, in the framework of the professional language support provided by the European Social Fund (ESF-BAMF Programme) as a measure carrier, the course holders shall be considered to be subject to the following conditions: Expiry of the funding period as authorised within the meaning of this Regulation, if they declare their readiness to conclude a cooperation agreement within the meaning of Article 19 (1) (5). (2) In the case of an existing carrier cooperation, the measures to be taken are in accordance with the ESF-BAMF programme, to the Federal Office for the Overall implementation and management of the occupation-related German language promotion and its link with operational measures. Unofficial table of contents

§ 29 Data processing

Until 31 December 2017, the Federal Office may, in agreement with the Federal Ministry of Labour and Social Affairs, depart from the processing of individual data referred to in Article 26 (1). Unofficial table of contents

Section 30 Entry into force

This Regulation shall enter into force on 1 July 2016.