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Parliament Act No. 16 Of 3 December 2012 On Developing Educational Services For Preschool Children

Original Language Title: Inatsisartutlov nr. 16 af 3. december 2012 om pædagogisk udviklende tilbud til børn i førskolealderen

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Parliament Act no. 16 of 3 December 2012 on developing educational services for preschool children

Modified repeals, hovedlov replaces information

Aside
Inatsisartutforordning no. 4 of 19 May 2010 amending the county Regulation no. 10 of 5 December 2008 on developing educational day care for preschoolers (Clarification of legal provisions, etc.)
Landsting Regulation no. 10 of 5 december 2008 educational developmental day care for preschoolers

Hovedlov to
Self-Government Order no. 3 of 4 February 2011 on the tariff payment for educational evolving municipal day care for preschoolers
Self-Government Order no. 5, 13 April 2010 relating precautions against infectious diseases in developing educational day care for preschoolers

Adds to
Self-Government Order no. 3 of 4 February 2011 on the tariff payment for educational evolving municipal day care for preschoolers
Self-Government Order no. 5, 13 April 2010 relating precautions against infectious diseases in developing educational day care for preschoolers


Chapter 1 General provisions Purpose

§ 1. This Greenland Parliament Act must be with the child at the center and in cooperation with the child's custodial parents or actual providers ensure the best support for each child under school age, thus ensuring child a healthy and interesting development.
§ 2. The purpose of day care for children of this Act is to

1) development of the child's personality, talents and mental and physical abilities to their fullest,

2) develop the child's respect for human rights and fundamental freedoms and for the principles enshrined in the United Nations Charter,

3) develop the child's respect for her parents, her own cultural identity, language and values, for the national values ​​of the country in which the child is living and the country from which the child originates and for civilizations different from the child's own culture,

4) prepare the child for responsible life in a free society in a spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and

5) give the child opportunities for experiences and activities that help to stimulate the child's imagination, creativity and development and respect for nature.
Subsection. 2. All educational work with preschool children by this Act in collaboration with the child's custodial parents actual parents and the child's network. The work must be done in order to ensure a good transition to school by developing and supporting basic skills and the desire to learn, and inspire the child's learning and development of social and general skills.

Definitions and Scope
§ 3. In developing educational day care for infants means activity facilities of performing educational targeted work with children, for example, organized in day care centers, day care and day care centers. It is irrelevant whether the offer is a full-day or part-time deal.
Subsection. 2. For Preschoolers means children aged 0-6 years or until compulsory education occurs in the law on public schools.
Subsection. 3. Pre-school children with special needs are covered by this Act.

Overall responsibility
§ 4. The Government leads the overall supervision of educational developmental day care for preschoolers.
Subsection. 2. The Government shall ensure that:

1) Educational-psychological research in preschool.

2) Development of new forms of day care for children, including alternative day care for children adapted settlement conditions.

3) Education of educators, including decentralized education.

4) In-service training of educational personnel.

5) Qualifying training of unskilled staff.

6) Development of tools for statistical data collection.

7) Developing tools for the screening of children's health, development and school readiness.

8) Development of guidelines for day care facility pedagogical work.

Subsection. 3. The Government may require municipal information deemed necessary to carry out its duties by this Act, including in relation to in § 5, paragraph. 1-3 and § 14;. The information may deal, for example number of creches, nurseries, childminders, number of children in certain age groups in each type of day care, number of square meters per child, number of children per adult, staff training, possibly performed tests, for example. on school readiness, information on screening, proof of authorization etc. The information may also include records of user assembly meetings, follow-up of user-meeting decisions kinds of other leisure activities, number of children, which is activated, including in relation to the manner and time, and the municipality's organization and policy children and teenagers.
§ 5. The municipal council to ensure the required number of day-care to all pre-school children.
Subsection. 2. The local council is the plain and educational oversight of all day care for children in cooperation with the relevant authorities. Supervision of municipal childminders must be made at least four times a year, at least one annual visit should take place unannounced.
Subsection. 3. The municipal council also has overall responsibility for:

1) Preparation of a municipal child and youth policy.

2) Preparation of educational year plans for each day care and evaluation, see. § 16 paragraph. 2.

3) Providing a solid contact between bygders daycare and cities day care facility for pedagogical inspiration.

4) Handling of pedagogical and psychological counseling.

5) Creation and maintenance of a child folder for each child to follow the child and create a basis for rapid action in relation to the possible need for special initiatives on subjects such as the child's learning, development or social problems. Children folder must be subsequently transferred to the student's school in connection with schooling began and destroyed from day care.

6) Mandatory screening of children's health, development, when the child turns 3 years and the children's school readiness when the child turns 5 years. The screening is carried out on the basis of indicators, monitoring and evaluation tools developed by the Greenland Government.
Subsection. 4. The Government may regulate municipal general and pedagogical oversight of all day-care facilities in the municipality and in the first paragraph. 3, no. 2-6 hereof.
Subsection. 5. The Government, in consultation with the Medical Officer lay down rules on measures against infectious diseases.

Cooperation on the individual child
§ 6. To ensure a coordinated approach by the network on the individual child, the local council as needed to create a collaborative team consisting of persons across government agents directly involved with the individual child.
Subsection. 2. Cooperation Teams will be associated with the interdisciplinary collaboration under subsection. 1, organize networking meetings, including with the involvement of the child's custodial parents or actual earners, with a view to early intervention for each child.
Subsection. 3. The Government may establish rules on collaborative teams.

Chapter 2
Space Reference
§ 7. The municipal council makes space reference to municipal day care centers and municipal daycare.
Subsection. 2. In case of doubt, the local council may appoint special experts to the extent that it is required.
§ 8. The local council has the task to refer the 0-2 year old children to crèches and day care, and 3-6 year old children to kindergartens and municipal daycare.
Subsection. 2. If the circumstances otherwise permit, the local reference 2-year-old children for kindergarten.
Subsection. 3. If there is not room for all applicants, the local council will create a waiting list.

Priority
§ 9. When the availability of a municipal day care or in municipal day care, making the local council select among the children on the waiting list, as it has for the municipal day care or municipal day care appropriate age, according to the following priority:

1) Group A: Children who of social selection set to the shooting because of special social educational needs or other factors which may threaten the child's development.

2) Group B: Children who, because of age will be moved from nursery or municipal day care for kindergarten.

3) Group c: Children of single actual parents who work outside the home or in training.

4) Group D: Children of actual parents who both work outside the home or in training.


5) Group E: Children of the actual parent families where only one work outside the home or in training.

6) Group f: Children of actual families and all others, including single people who neither work outside the home or in training.
Subsection. 2. Children of non-married but firm cohabiting couples, meaning couples with at least 1 year cohabitation, are treated as children of married custodial parents or the actual parents.
Subsection. 3. The municipal council The selection of children from the waiting list while ensuring that the individual daginstitutions groups of children pedagogical reasons have a reasonable age spread in terms of the number of girls and boys as far as possible endeavor to be the same size, and that there is a reasonable spread of children with special needs and support persons.
Subsection. 4. Moving to another institution within the same city or village can only be done for the sake of the child's well-being and health or difficult logistical conditions.

Chapter 3
Daycare
General daycare
§ 10. Day care centers are institutions where qualified staff in performing educational focused work with a group of children, and how the physical environment adapted to children and staff and is approved by the relevant authorities.
Subsection. 2. Day care centers can be public or established as independent institutions with 6 or more children, the municipal council may enter into an operating agreement.
§ 11. Daycare created as nurseries for 0-2 year olds, nursery for 3-6 year-olds or age segregated institutions for 0-6 year olds.
Subsection. 2. Day care children divided into groups, wherein in each group nursery may be a maximum of 20 children and 12 children in each group nursery.
Subsection. 3. Children with special needs occupy the number of day care, which the local council or the private daginstitutions Board upon recommendation of the kindergarten decides to meet §§ 1 and 2. If set up a working team on the individual child, see. § 6 can be cooperative team play a role in this decision.

Physical requirements for daycare
§ 12. Any daycare center must be approved by the local council, which oversees the day-care center and ensure that all necessary authorizations have been obtained before the day care center is used for new construction, renovation and expansion.
Subsection. 2. The municipal council shall ensure that the day care center at any time in accordance with applicable law.
Subsection. 3. The Government may regulate the establishment and equipping of day care centers.

Approval Certificate daycare
§ 13. Any day care center must have one of the local council issued approval certificate, which day-care institution looking to place visible at day care.
Subsection. 2. Approval certificate must contain information on:

1) day-care institution name, address and location.

2) day-care institution objectives and views of children.

3) day-care institution leader.

4) Relevant municipal committee or the independent daginstitutions board.

5) Number of childcare.

6) Number of employees.

7) The hours.

8) approval of relevant authorities, including fire authority, building authority and the local council and the date thereof.

9) Information about the day-care institution educational year plan exists and the area relevant legal framework.

Evaluation and documentation
§ 14. The day care center conducts an ongoing evaluation and documentation of each child's development from a holistic assessment and implement a development Description least 2 times a year.
Subsection. 2. Development descriptions must be followed up in cooperation with the actual parents and relevant professionals.
Subsection. 3. The day care center is required to hold conversations with the actual parents at least 2 times a year with the aim of cooperation on child development.
§ 15. When a child's transition from one institution to another, the staff at the losing daycare cooperation and share the relevant information about the child to the receiving institution for the purpose of safeguarding the child's needs.
Subsection. 2. The Greenland Government may lay down rules on disclosure of relevant information in accordance with paragraph. 1.

Day-care institution leader
§ 16 day-care institution leader has the pedagogical and administrative responsibility for the daycare center operated properly and in accordance with applicable regulations. Day-care institution manager responsible for personnel matters and performance of the user meeting or council decisions under the direction of.
Subsection. 2. day-care institution manager is also responsible for the establishment of an educational annual plan and budget for kindergarten.

Subsection. 3. For local day care centers and the independent institutions of the local council has entered into an operating agreement, prepared the budget in accordance with the established by the council directives. For other independent institutions prepared the budget in accordance with guidelines issued by the Board.
§ 17 day-care institution leader responsible for the creation and updating of a child folder, see. § 5, paragraph. 3, no. 5 and for the keeping of a herd book of the enrolled children's names and social security. no., forældremyndighedsindehavernes and actual earners names and by printing reason. Furthermore shall be kept attendance protocol.
Subsection. 2. The municipal preschools and independent institutions of the local council has entered into an operating agreement, transmit attendance protocol along with the educational year plan to the municipal council in one of the local council deadline.
§ 18. The employing authority may exclude the day-care institution leader from handling administrative tasks, see. §§ 16 and 17 if the day-care institution structure and organization of day-care institution tasks justify it, and the employing authority can demonstrate that educational, administrative and managerial tasks satisfactorily solved.
§ 19 day-care institution looking to be trained educator. The employing authority may, however, if the post can not be filled by a trained educator, dispense educational training, if an applicant for the position are considered qualified for the position on the basis of other relevant educational background and many years of relevant work experience.
Subsection. 2. day-care institution head is outside the ground stipulated norms.
Subsection. 3. In municipal daycare employed day-care institution head of the local council on the recommendation of a user Assembly set up committees under. § 21 paragraph. 2, no. 6

Staffing in municipal daycare
§ 20. Each group of children see. § 11 paragraph. 2, must have a staffing level of at least 1 teacher, 1 pedagogically trained and 1 assistant. Trainees and support persons are not included in the standardization.
Subsection. 2. In the day-care institution hours must always be at least 2 staff per group of children, and always at least one teacher in kindergarten.
Subsection. 3. The day care center must have the necessary kitchen and cleaning staff.
Subsection. 4. The municipal council sets out from the paragraph. 1-3 each daginstitutions staffing and develop guidelines for the recruitment of staff other than the head. The local authority must prepare a contingency plan in the event that the minimum requirements, see. Paragraph. 2, temporarily can not be realized.

User Meeting for municipal daycare
§ 21. In each local day care center day-care institution should be looking at least 3 times a year, the user Assembly, composed of all actual parents and staff at day care.
Subsection. 2. User Assembly has the task

1) propose and arrange activities or actions in kindergarten under the targeted work in relation to the children as well as the actual parents,

2) participate in the preparation of educational annual plans

3) follow up educational annual plans

4) make suggestions for the design and modification of physical environment,

5) decide on matters of specific importance to the children's daily lives and

6) set up a committee that sets hiring of day-care institution looking to the local council. Committee appointed to the representative of the staff of the day care center without voting rights.
Subsection. 3. User Assembly shall decide by simple majority. The municipal council can establish standard rules for use assemblies in the municipality.
Subsection. 4. User Assembly may set up ad hoc groups, which refers to using the assembly.
Subsection. 5. User Assembly to prepare a summary of each meeting, after the meeting submitted to the local council or the private institution's board of directors.

Non-profit day-care institutions board
§ 22. There shall be established a board of directors as the top governing body of independent institutions.
Subsection. 2. In independent institutions employed day-care institution head of day-care institution's board. The Board sets guidelines for the recruitment of other staff.

Chapter 4
Childcare and Day Care
§ 23. By day care means a pedagogical stimulating day care for part of the day, which either takes place in a private home, where the child does not live, or at a public gathering.
Subsection. 2. In municipal daycare means a municipality established and disseminated day care when the carer is employed and paid by the municipality.

Subsection. 3. For a private day care means a day care that is established and operated under private management fee. Private day care follows the same rules as municipal daycare.

Approval of childminders and day care
§ 24. Reception of children in day care or day care can only happen when the local council, on application, has issued written approval of childminders and day care.
Subsection. 2. Approval, see. Paragraph. 1, requires that the carer is physically and mentally habil and competent to offer educational stimulating activities. The childminder and all the members of her any household must present a not more than 3 months old medical report.
Subsection. 3. There can be no acceptance of a day-care if the carers or members of the household have been convicted of crimes in family relationships, sexual offenses or crimes against life and person within the past 2 years, or there are infectious diseases in day care home.
Subsection. 4. Going on day care at a public gathering, the provisions of paragraph. 2, 2nd sentence. and paragraphs. 3 only childminder.
Subsection. 5. Before a private home or public gathering may be approved to receive children in day care, the local authority shall undertake a review of the physical conditions.
Subsection. 6. Where the local authority that the conditions for approval of childminders and day-care centers are no longer present, the permit shall be repealed.

Providing daycare
§ 25. The municipal council can give an applicant accordingly authorized to day care for a total of 4 pre-school children. The number of own children under 6 years as well as day care children shall not exceed 5 in the same day care.
Subsection. 2. A childminder may have overcrowding or stand in for another childminder within a specified period in accordance with the relevant agreement.

User Meeting for municipal childminders
§ 26. On each day care must childminder at least 3 times a year, the user meeting. A user assembly consists of all actual parents and the carers. Are there more childminders in the same town or village can set up a common user assembly for all childminders.
Subsection. 2. User Assembly has the task

1) propose and arrange activities or actions in day care under the targeted work in relation to the children as well as custody holders or the actual parents, and

2) decide on matters of specific importance to the children's daily lives in day care.
Subsection. 3. User Assembly shall decide by simple majority. The municipal council can establish standard rules for use assemblies in the municipality.
Subsection. 4. User Assembly may set up ad hoc groups as needed, which refers to using the assembly.

Chapter 5
Other leisure activities
§ 27. The municipal council shall offer other leisure activities for preschoolers based on local needs and requirements. There must be no fee is required for participation in other leisure activities.
Subsection. 2. Other activities offered are part-time deal, aimed at preschool children accompanied by an adult with targeted activities in one or more of the child's development.
Subsection. 3. The municipal council is obliged to appoint a coordinator for the creation and launch of other leisure activities. The coordinator will work with local associations, resource persons and other relevant professionals.

Chapter 6
Common provisions
Financing
§ 28. Costs of day-care centers, day care and other leisure activities under this Act shall be borne by the municipalities see. However, § 29
Subsection. 2. Government of Greenland may contribute financially to the establishment of day care centers.
§ 29. The municipal council may charge for children to attend municipal day care for preschoolers under regulations made by the Government of Greenland, see. Paragraph. 3. Payment shall be based on the municipality's costs for municipal day care for preschoolers and economic circumstances of the person or debtor.
Subsection. 2. Payment Obligation for the use of municipal day care for pre-school children lies with the person holding the child's actual benefits. Child stay with one parent, and this marriage, civil partnership or living in a marriage-like cohabitation of at least one year, considered both a parent, a spouse, registered partner or cohabiting partner as liable.
Subsection. 3. The Government shall lay down rules on payment for children to attend municipal day care for preschoolers, see. Paragraph. 1 and 2, including on revenue adjustment, withdrawal of a child in case of arrears in the payment and termination and resignation of municipal day care for children.


Pilot schemes
§ 30. The Greenland Government may on the recommendation of a local council approve municipal pilot schemes for day care for preschoolers.
Subsection. 2. A municipal trial period may not exceed three years.
Subsection. 3. In connection with a municipal pilot scheme, see. Paragraph. 1 must be drawn up each year a report that must be submitted to the Greenland Government.

Appeals
§ 31. The municipal council's decisions under § 9 and § 24 may be appealed to the Social Appeals Board in accordance with county regulation on the social services board and organization.
Subsection. 2. Local council decisions under other provisions of this Act can not be appealed to any other administrative authority.
Subsection. 3. Local council decisions under rules adopted under this Act may not be appealed to any other administrative authority.

Effective
§ 32. The Greenland Parliament Act comes into force on 1 January 2013.
Subsection. 2. At the same time county Regulation no. 10 of 5 December 2008 on developing educational day care for preschoolers.
Subsection. 3. Until Greenland Parliament Act on the organization of leisure activities adopted, the municipal council still has the task to refer the 7-15 year-old children to recreation center, see. 8, paragraph. 1. If the municipal council establishes a waiting list placed these children in group B referred to. § 9 paragraph. 1 pt. 2
Subsection. 4. Provisions adopted or maintained pursuant to in paragraph. 2, said county Regulation shall remain in force until replaced or repealed by regulations laid down in this or any other Act.

Greenland, 3 December 2012.

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