Kindergarten Act (Children Act)

Original Language Title: Lov om barnehager (barnehageloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2005-06-17-64

Kindergarten Act (Children Act).


Date LOV-2005-06-17-64


Affairs Ministry

Edited

LOV-2016-06-17-65 from 08.01.2016, LOV-2016-06-17-66 from 01/08/2016


Published in 2005 Booklet 8


Commencement 01.01.2006

Changes
LOV-1995-05-05-19

Promulgated
17.06.2005

Short Title
Kindergarten Act - BHL.

Chapter Overview:

Chapter I. kindergarten purpose and content (§§ 1-2)
Chapter II. Children and parents involvement (§§ 3-5)
Chapter III. Approval Obligation and duties (§§ 6-9 b)
Chapter IV. Kindergarten Authority general tasks etc. (§§ 10-16 a)
Chapter V. Staff (§§ 17-19)
Chapter V A. Special educational assistance, sign language, etc. (§§ 19 a - 19 h)
Chapter VI. Miscellaneous provisions (§§ 20-25)
Chapter VII. Entry into force and amendments to other acts (L-26)

Chapter I. kindergarten purpose and content

§ 1. Purpose kindergarten in cooperation and understanding with the home, safeguard the children's need for care and play, and promote learning and education as a basis for comprehensive development. Kindergarten should be based on fundamental values ​​in Christian and humanist heritage and traditions, such as respect for human dignity and nature, on intellectual freedom, charity, forgiveness, equality and solidarity, values ​​that are expressed in different religions and beliefs and are rooted in human rights.
Children are to unfold creates joy, wonder and explore. They will learn to take care of themselves, each other and nature. Children should develop basic knowledge and skills. They shall have the right to participation Age-appropriate and assumptions.
Kindergarten will meet children with trust and respect and recognize the value of childhood. It will contribute to the well-being and joy in play and learning, and be a challenging and safe place for fellowship and friendship. Kindergarten should promote democracy and equality and against all forms of discrimination.

§ 1a. Especially purposes Owners of private kindergartens may bylaws determine the values ​​of the Act § 1 not be anchored in the Christian and humanistic heritage and tradition.
Private kindergartens and nursery owned or run by parishes of the Norwegian Church may in-laws special provisions on religious or ideological aims.

§ 2. Content of kindergartens Kindergarten should be an educational activity.
Kindergarten should give children opportunities for play, self-expression and meaningful experiences and activities.
Kindergarten should pay attention to children's age, gender, social, ethnic and cultural background, including Sami children's language and culture.
Kindergarten should impart values ​​and culture, make room for children's own cultural creativity and help ensure that all children experience joy and mastery in a social and cultural community.
Kindergarten should support children's curiosity, creativity and desire to learn and offer challenges based on the children's interests, knowledge and skills.
Kindergarten should have a health promotion and preventive function and help to reduce social inequalities.
Ministry issues specific rules concerning the kindergarten's content and tasks (Curriculum) by regulation.
Kindergarten owner can adapt the framework plan to local conditions.
Based on the framework plan for the kindergarten will liaison for each kindergarten establish an annual plan for the educational activity.

Chapter II. Children and parents participation

§ 3. Children's right to participation for children in kindergarten have the right to express their views on the institution's everyday activities.
Children shall regularly be given opportunity to participate actively in the planning and evaluation of kindergarten activities.
Child's views should be given weight in accordance with age and maturity.

§ 4. Parents' Councils and to ensure cooperation with the children's homes, each kindergarten shall have a parents and a coordinating committee.
Parents Council consists of parents / guardians of all the children and to promote their common interests and contribute to the cooperation between kindergarten and parents group creates a good kindergarten environment. Are there regulations under § 15 set maximum limit for payments from parents, only the parents' council consent from parents beyond this.
Committee shall be an advisory, contact promoting and coordinating organ. The coordinating committee consists of parents / guardians and staff in kindergarten, so that each group is equally represented. Kindergarten owner may attend if they wish, but not with more reps than each of the other groups.
Kindergarten owner shall ensure that matters of importance presented to the parents' council and coordinating committee.


§ 5. Joint Liaison Committee for kindergarten and school municipality can decide that there should be joint cooperation committee of the municipal nursery and primary school. If both parties want it, it can be established similar scheme for private kindergarten and municipal or private school. The coordinating committee is also set in such cases together under § 4, third paragraph, but so that parents / guardians and staff from both kindergartens and schools will be represented, ref. Law on primary and secondary education (Education Act) § 11-1 fourth paragraph.

Chapter III. Approval Obligation and duties

§ 6. The organization's duty to seek approval Undertakings with responsibility for children under school age are obliged to seek approval as kindergarten when:

A)
business is regular and one or more children has a weekly attendance of more than 20 hours, and

B)
number of children who are present at the same time is ten or more when children are three years old or older, or five or more when children are under three years and

C)
business done against compensation.

Undertakings under subsection must be approved before operations begin.

§ 7. Nursery Owner Responsibility Nursery owner must conduct business in compliance with applicable laws and regulations.
Municipal nursery owners must provide information on service data. Non-municipal kindergartens must provide information on service and accounting data. Ministry issues further regulations on the presentation of service and accounting data.
Kindergarten owner is obliged to provide the child's municipality of residence the information necessary to keep a register as mentioned in § 8, fourth paragraph.
Kindergarten owner shall establish kindergarten Statute. The statutes shall provide information that is of importance to parents' / legal guardian's relationship to the nursery, including

A)
ownership,

B)
purposes, re. §§ 1 and 1a

C)
admission criteria,

D)
number of members of the works council,

E)
kindergarten hours.

Approved establishments shall be registered in the CCR.

§ 8. responsibility of the municipality The municipality is the local kindergarten authorities. The municipality will provide guidance and ensure that municipalities are run in accordance with applicable regulations.
The municipality is obliged to offer day care for children under school age who are residents of the municipality, cf. § 12 a. Development pattern and operational methods to be adapted to local conditions and needs.
The municipality is responsible for kindergartens for Sami children in Sami districts are based on Sami language and culture. In other municipalities steps shall be taken to enable Sami children to secure and develop their language and culture.
Each municipality shall establish and maintain a register for use by the Public Employment Service in connection with control of calculation and payment of cash by cash law. Registry may be matched against the Labour and Welfare Administration registry of recipients of cash. Ministry issues regulations with supplementary provisions on keeping of the register, what information the register should contain and processing of these details.
The municipality has the right to access to documents and access to daycare facilities to the extent deemed necessary to safeguard the municipal authorities.
Municipality administers the state earmarked grants to non-public kindergartens in the municipality. The municipality can not truncate the municipal subsidy under § 14 as a result of such a state subsidy.

§ 9. State supervision county governor supervises the legality of the municipality's fulfillment of duties kindergarten authority under § 8, section IV and V. The provisions of the Local Government Act Section 10A applies to supervisory activities.
County Governor may in special cases supervise the individual kindergartens are run in accordance with this Act and its regulations. County Governor may issue directives to the nursery owner to rectify conditions that are contrary to provisions of this Act. If the deadline for complying with the order is not complied with, or if the relationship can not be corrected, the county governor may adopt temporary or permanent closure of the nursery.
If the county in its supervision after the second paragraph reveals violations Kindergarten Act § 14a, the county governor may use the economic reactants set out in § 16 a.
County Department decision on correction, closure or use of economic sanctions can be appealed to the Directorate of Education .
County governor has the right to access to documents and access to daycare facilities to the extent necessary to perform the audit after the first and second paragraphs.

§ 9 a. Government advice and guidance the County will provide advice and guidance to local authorities and kindergarten owners of Children Act and its regulations.


§ 9 b. Special rules on appellate county governor appealed decisions made by the municipality pursuant to §§ 10 and 11, § 14, second paragraph, §§ 16 to 18 and §§ 19 e to 19 h and where required by regulations issued pursuant to this Act.

Chapter IV. Kindergarten Authority general tasks etc.

§ 10. Approval municipality decides an application for approval for an assessment of kindergarten suitability for purpose and content, re. §§ 1, 1a and 2
municipality may by approval set conditions for the operation with regard to the number children, children's age and residence.
Municipality's decisions can be appealed to the county governor.

§ 11. Family Kindergartens Approval of family day care includes business organization and the individual home's suitability as local family BARNEHAGEDRIFT.
Ministry may issue regulations concerning the approval and operation of family day care.

§ 12. Level of admission process in the municipality All approved kindergartens in the municipality will cooperate on admitting children. The municipality will facilitate a coordinated admission process, taking into account the kindergartens diversity and uniqueness. Users' needs should be given considerable weight when the actual recording. In a coordinated admission process should be equal treatment of children and equal treatment of public and private kindergartens ensured.
Administration Act Chapter IV-VI do not apply for admission to kindergarten. King issues regulations concerning the treatment of applications for admission to kindergarten.

§ 12 a. The right to a place in kindergarten Children who is one year later than the end of August in the year applying for kindergarten, upon application, to a kindergarten place from August in accordance with this Act and its regulations.
Children who turn one year in September or October that year applied for kindergarten, upon application, to a kindergarten place from the month the child reaches one year in accordance with this Act and its regulations.
Child has the right to a kindergarten place in the municipality where it resides.
Deadline for recording is determined by the municipality.

§ 13. Priority for admission Children with disabilities are entitled to priority for admission to kindergarten. It shall be made an expert assessment to consider whether the child has disabilities.
Children who it is resolved by the Child Welfare Act §§ 4-12 and 4-4 second and fourth paragraphs, is entitled to priority for admission to kindergarten.
The municipality is responsible for the children entitled to priority fit in kindergarten.

§ 14. Municipal grants to approved non-public kindergartens municipality shall make contributions to the ordinary operation of all approved, non-public kindergartens in the municipality, provided that the kindergarten has applied for approval before kindergarten sector has been frame funded.
Municipality may make contributions to kindergartens seeking approval after kindergarten sector is frame funded.
Approved non-public kindergartens, cf. First and second paragraphs shall be treated equally with public kindergartens in terms of public subsidies. The King may issue regulations with further provisions on what constitutes equal treatment.
Municipality disburses grants to approved non-public kindergartens that will receive grants under the first or second paragraph quarterly in advance, until the municipality makes the final decision on subsidies.
Municipality's decisions under subsection may be appealed to the county governor.

§ 14 a. Requirements for the use of government grants and payments from parents in non-public kindergartens Government grants and payments from parents to get kids in kindergarten to good. The nursery can have a reasonable profit. This means that the following conditions must be met:

A)
kindergarten can only be charged costs directly related to approved operation of the nursery,

B)
kindergarten may not plead owner or the owner's related or group companies that owns transact and charged costs on terms or amounts that differ from or exceed what would have been determined by independent parties, and || |
C)
kindergarten can not have significantly lower personnel costs per full-time space than is usual in similar public kindergartens.

As owner's immediate means close associates as mentioned in Act § 1-5 first paragraph. The group refers to companies which are in such a relationship to each other as described in the Act § 1-3.
Kindergarten owners should be able to demonstrate that government grants and payments from parents are used in accordance with the purpose of the first paragraph.
King may issue supplementary regulations relating to accounting, auditing, and reporting requirements for kindergarten documentation of the use of government grants and payments from parents, and the non-municipal kindergartens disclosure about financial matters.

§ 15. Parents' King may issue regulations with further provisions on household kindergarten, including price reductions, income gradation and maximum limit.


§ 16. Supervision The municipality supervises under this Act.
The municipality may order rectification of unjustifiable or unlawful conduct by authorized or approved undertakings subject. If the deadline for complying with the order is not complied with, or if the relationship can not be corrected, the municipality may adopt temporary or permanent closure of the business. Commune closure decision shall be sent to the county for information.
Instead of or in addition to the closure of operations, the municipality may use economic reactions to non-public kindergartens if requirements under § 14a, or regulations pursuant to the same provision, is not adhered to.
Decision on rectification and closure and decisions applying economic sanctions can be appealed to the county governor.

§ 16 a. The municipality the right to impose economic sanctions against non-public kindergartens municipality may withhold grants to non-public kindergartens or reduce subsidies in future installments if the requirements under § 14a or regulations pursuant to § 14 a not is fulfilled.
If the grant is used in violation of § 14a or regulations pursuant to § 14 a, the municipality may require repayment of grants.
Detention of subsidies, reduction in subsidies or repayment of grants for first and second paragraphs shall be proportionate to rule bride its nature and economic importance.

Chapter V. Staff

§ 17. Controls kindergarten should have a proper educational and administrative management.
Kindergarten shall have a general manager who has education as kindergarten teacher or another college education that gives children academic and pedagogical skills.
Municipality may grant exemptions from the educational requirement for other joints. The municipality's decision can be appealed to the county governor.
Ministry will issue further regulations on exemptions from the educational requirement and recognition of professional qualifications from abroad.

§ 18. kindergartens other staff Educational leaders must have education as kindergarten teacher.
Equal with kindergarten teacher training is another three-year teacher training at university level with training in Early Childhood Education.
Municipality may grant exemptions from the educational requirement in the first paragraph. The municipality's decision can be appealed to the county governor.
Ministry issues regulations on the application for recognition of professional qualifications from abroad and for exemption from the educational requirements for staff working in the nursery at night.
The workforce must be sufficient to allow staff to carry on satisfactory educational activity.
Ministry supplementary regulations concerning educational staffing.

§ 19. Police Whoever shall be appointed permanently or temporarily in kindergarten must present a police certificate as mentioned in the police registry Act § 39 first paragraph.
Kindergarten owners and municipalities as kindergarten authorities may require a police certificate as mentioned in the first paragraph to other persons who regularly stays in kindergarten or have significant influence on the kindergarten's operation.
People who are convicted of sexual offenses against minors are excluded from permanent or temporary employment in kindergartens. In other cases, the consequences of notices on the police certificate considered in each case.
Ministry will issue further regulations on the implementation of this section.

Chapter V A. Special educational assistance, sign language, etc.

§ 19 a. Right to special educational assistance for children under school age are entitled to special assistance if they have a particular need for it. This applies regardless of whether they go to kindergarten.
The purpose of special educational assistance is to give children early assistance and support in the development and learning of such linguistic and social skills.
Special educational assistance can be given to the child individually or in groups. Assistance shall include the provision of parental guidance.
Municipality shall fulfill the right to special educational assistance for children residing in the municipality.
County shall fulfill the right to special educational assistance under this Act for children in residential care and pediatric patient in a medical institution owned by the regional health authority, or private health institution with an agreement with a regional health authority.
Ministry may issue regulations on liability for costs of special educational assistance, who will be regarded as resident in the municipality, reimbursement by other municipalities or county authorities spending on special educational assistance, the county's responsibility for the right to special educational assistance for children in residential care and the county's responsibility for entitled to special assistance for children who are patients in health institutions owned by the regional health authority, or private health institution with an agreement with a regional health authority.


§ 19 b. Collaboration with the child's parents before it is drawn up an expert assessment and issued a decision on special educational assistance, should the consent of the parents. Parents have the right to acquaint themselves with the content of the expert assessment and to state their views before a decision is made.
The offer of special educational assistance shall, as far as possible be designed in collaboration with the child and parents, and it should be emphasized their view.
It shall once a year prepare a written record of the special educational help the child has received and an assessment of the child's development. The parents and the municipality will get this overview and assessment.
If the child welfare service has taken care by the Child Welfare Act §§ 4-8 or 4-12, welfare services have the right to take decisions under this section on behalf of the child. The same applies to decisions on moving ban under the Child Welfare Act § 4-8 and decision on location by the Child Welfare Act § 4-6 second paragraph.

§ 19c. The educational psychology service municipality pedagogical psychological service is expert body in matters relating to special educational assistance. The educational and psychological services must ensure that it is prepared legal expert assessments.
The educational psychology service should assist the institution in dealing with competence and organizational development to facilitate nursery provision for children with special needs.
Ministry may issue regulations on other tasks for the educational psychology service.

§ 19 d. Expert assessment Before the local authority makes decisions about special educational assistance, there must be an expert assessment of whether the child has special needs for special educational assistance.
In the expert assessment should be assessed and taken a position on, among other things:

A)
whether there are developmental delays and learning disabilities in child

B)
realistic goals for child development and learning

C)
about the child's needs can be met within mainstream kindergartens

D)
what kind of help and organization that will help your child's development and learning

E)
extent of special educational assistance is needed, and what skills those providing assistance should have

Ministry may issue regulations concerning the content of the expert assessment.

§ 19 e. Decision on special educational assistance municipality or county council makes decisions about special educational assistance. If the decision deviates from the expert assessment, must justify the decision.
It must contain:

A)
what assistance should go out on

B)
how long help should last

C)
what time scale assistance should have

D)
how assistance should be organized

E)
what skills those providing assistance should have

F)
provision of parental guidance

If the child moves to another municipality, the decision about special educational assistance apply until it is adopted a new decision in the case.

§ 19 f. The right to ride for children entitled to special educational assistance If the free ride is necessary for your child to receive special educational assistance, the child has a right to such a ride.
The child is entitled to an escort and supervision. The municipality will accommodate child when daily shuttle is not justifiable.
Municipality shall decide on and fulfill the right to ride, an escort, supervision and housing.

§ 19 g. Children with disabilities municipality shall ensure that children with disabilities receive an appropriate individually adapted daycare. The duty facilitation does not include measures that constitute an undue burden for the municipality. In assessing whether the arrangement involves a disproportionate burden, particular emphasis is on the effect of the dismantling of disabling barriers, the necessary costs of the accommodation and corporate assets.
The municipality makes decisions on arrangement of daycare services for children with disabilities.

§ 19h. Right to sign language training for children under school age who have sign language as their first language, or that after an expert assessment need sign language, have the right to such training. This right applies regardless of whether the child attends kindergarten.
Municipality shall fulfill the right to sign language training for children residing in the municipality. Before the municipality makes a decision about sign language, will be drawn up an expert assessment of the educational psychology service.
Before it becomes drafted an expert assessment and adopted a resolution on sign language, it shall obtain consent from the child's parents. Parents have the right to acquaint themselves with the content of the expert assessment and to state their views before a decision is made.

The offer sign language training should as far as possible be designed in collaboration with the child and parents, and it should be emphasized their view.
If the child moves to another municipality, the decision about sign language apply until it is adopted a new decision in the case.
The right to transport, supervision, travel companion and housing under § 19 f apply correspondingly to children entitled to sign language.
Ministry may issue regulations about sign language training for children under school age.

Chapter VI. MISCELLANEOUS PROVISIONS

§ 20. Confidentiality For businesses under this Act, the rules of confidentiality in the Public Administration §§ 13 to 13f accordingly.

§ 21. Obligation to provide information to social services and municipal health and care services Child care staff should provide social services and municipal health and care services assistance in client matters. They shall in his work pay attention to matters which should lead to action by the municipality, and shall on its own initiative provide social services or municipal health and care services with information on such matters. On its own initiative, information given only with the consent of the client, or as far as information can be provided notwithstanding the confidentiality. Information shall normally be given of manages.

§ 22. Obligation to provide information to the child welfare service Child care staff shall in their work be aware of conditions that can lead to action by the child welfare service.
Notwithstanding confidentiality shall kindergarten staff personnel shall provide information to the child welfare service when there is reason to believe that a child is being mistreated at home or there are other forms of serious neglect, ref. Child Welfare Act § 4-10, § 4-11, § 4-12, or when a child has shown persistent severe behavioral difficulties, ref. law § 4-24. Upon order from the agencies responsible for the implementation of the Child Welfare Act, duties kindergarten staff to provide such information. Information shall normally be given of manages.

§ 23. Health checks of children and staff before a child begins kindergarten shall be submitted declaration on child health. If the child has met the annual surveys on health, can such a statement be provided by the child's guardian.
Kindergarten staff are obliged to undergo tuberculosis control in accordance with applicable regulations.

§ 24. Exercise Training kindergarten owner is obliged to make kindergarten available for practice training for students taking kindergarten teacher.
Institution's head teacher and educational leaders are obliged to supervise students during such practice training.

§ 25. Application of the Act on Svalbard King may issue regulations on the application of Svalbard and may lay down special rules taking account of local conditions.

Chapter VII. Commencement and amendments to other laws

§ 26. Commencement. Amendments to other Acts Act comes into force from the day the King bestemmer.1
When the law comes into force, repealed the law on 5 May 1995 no. 19 on kindergartens. Decisions under this Act, shall apply until the lapse or amended by this Act.
Act 19 June 1997 no. 64 amending the Law on 5 May 1995 no. 19 Kindergarten repealed immediately.
Ministry may issue regulations with further rules concerning transitional provisions.