Regulation (2013:361) If Government Subsidies For The Education Of Children Who Are Staying In The Country Without Permission

Original Language Title: Förordning (2013:361) om statsbidrag för utbildning för barn som vistas i landet utan tillstånd

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2013:361

Introductory provisions



Article 1 this regulation lays down provisions on State aid

for the cost of education for children who reside in the country

without permission.



State aid under this Regulation shall be provided for the costs of

education in the pre-school class, elementary school, vocational programs,

special school, Sami school, upper secondary school and

upper secondary school for pupils with learning disabilities.



Rules about when children residing in the country without permission

has the right to education can be found in chapter 29. section 2 and section 3, third

subparagraph, the Education Act (2010:800).



Conditions for State aid



section 2 of A municipality in their area have children who reside in

the country without permits and have the costs of the child's

education in the pre-school class, elementary school, vocational programs,

special school, Sami school, upper secondary school, or

high school programs may apply for State grants under this

Regulation.



paragraph 3 of the State subsidy be provided subject to availability of funds.



Applications and decisions on State aid



section 4 of the application for Government grants made to the State's school.

The National Agency for education decides on and paying out subsidies.



section 5 an application for a grant is made for one semester at a time. Application

shall be submitted to the school by 15 september

for the fall semester and the last on February 15 for

Spring semester.

Government grant



section 6 of the Government contribution will be allocated proportionally to all

municipalities applying for government subsidies after a sharing key

established for each municipality.



The allocation of the State's school is decided. It should

be set at an average of the number of asylum-seeking children in

aged 6-17 years in the requesting municipality during the three years

preceding the year in which the application is lodged.



Payout



section 7 of the Payment of government contributions to be made at one time

during each semester. Government contribution shall be paid not later

on december 15 for the fall semester and by 15 may for

Spring semester.



Follow-up



paragraph 8 of the State's school will monitor how the State's contribution has

been used.



§ 9 The program have received Government grants under this

Regulation shall provide such financial and other reporting

that State's school requests.



Such a request if the report referred to in the first subparagraph

must not imply that the municipality must provide information to the

The National Agency for education, which means that it is possible to identify individual

children who are staying in the country without permission.



The recovery of State aid



10 § whoever has received State grants under this

Regulation is the repayment obligation, if



1. the receiver by providing incorrect information or

any other way has caused that the contribution has been provided

improperly or with excessive amounts,



2. the grant of any other reasons have been given incorrectly, or

with the high amount and the recipient should have known this,



3. the recipient does not submit such a report referred to in section 9,

or



4. the refund has not been used for the purpose for which it has

granted for.



Statens skolverk should decide to fully or partially require

back a contribution if a municipality is obliged to repay

under the first subparagraph. If there are special reasons for it,

get the National Agency for education wholly or partially waive recovery.



An indication of the provisions of this section shall be taken into

the decision on State aid.



section 11 of The Government subsidies needed back, interest will be charged from

on the day that is one month after the decision on the

chargebacks have been made, and after an interest rate at each

time exceeds government lending rate with two

percentage points.



If there are special reasons for it, the State's school

waive in whole or in part a requirement for interest.



Authorization



section 12 of the State's school may provide for

the enforcement of this regulation.



Regulations referred to in the first subparagraph shall not mean that the

a municipality applying for Government grants must submit data

to the National Agency for education, which means that it is possible to identify

individual children who are staying in the country without permission.



Appeal a ban



paragraph 13 of the Decision pursuant to this Regulation may not be appealed.