Bylaws for municipal kindergartens in Ås

The bylaws apply to all kindergartens that are owned and operated by Ås municipality.

The kindergartens are operated in accordance with:

• The Kindergarten Act and regulations, including a framework plan for kindergartens
• Municipal guidelines, resolutions and plans

The Main Committee for Children and Culture has responsibility for political control of the kindergartens.

Administratively the kindergartens are linked to the Children and Culture Department under the responsibility of the Children and Culture Director.

The Manager is head of each kindergarten.

The kindergarten shall, in collaboration and close understanding with the home, safeguard children’s need for care and play, and promote learning and formation as a basis for all-round development. The kindergarten shall be based on fundamental values in the Christian and humanist heritage and tradition, such as respect for human dignity and nature, intellectual freedom, charity, forgiveness, equality and solidarity, values that also appear in different religions and beliefs and are rooted in human rights.

Children shall be able to develop their creative zest, sense of wonder and need to investigate. They shall learn to take care of themselves, each other and nature. Children shall develop basic knowledge and skills. They shall have the right to participate in accordance with their age and abilities.

The kindergarten shall meet children with trust and respect, and acknowledge the intrinsic value of childhood. It shall contribute to well being and joy in play and learning, and shall be a challenging and safe place for community life and friendship. The kindergarten shall promote democracy and equality and counteract all forms of discrimination.

Each kindergarten shall have a Parents' Council and a Coordinating Committee.

The Coordinating Committee shall be an advisory, contact-promoting and coordinating body.

The Coordinating Committee shall consider matters that are of importance for the kindergarten’s content and activities and for the relationship with the parents.

The Coordinating Committee for each kindergarten is to adopt an annual plan for pedagogic activity based on the framework plan.

The Parents' Council shall comprise the parents/guardians of all the children in the kindergarten.

The Parents’ Council shall consider matters that are of importance for the parents’ relationship with the kindergarten.

The Manager shall be secretary to, but is not a member of, the Coordinating Committee.

The number of members of the Coordinating Committee is set out in the kindergartens’ supplementary bylaws.

The catchment area for municipal kindergartens is the whole of Ås municipality.

Municipal kindergarten places are allocated to children who are resident in Ås municipality. The child must be resident in Ås from and including the month in which the kindergarten place is brought into use.

The municipal kindergartens are included in the municipality’s coordinated admission scheme. Admission takes place in accordance with regulations and procedures on admission to kindergartens. The Children and Culture Director is the admission authority.

Applications:
An application for a kindergarten place, a change of kindergarten or period of stay is to be made electronically via the municipality’s website.

Main admission:
Main admission is published on Ås municipality’s website with an application deadline of 1 March. Main admission takes place in the period 1 March to 31 May or until all applicants with the right to a place under § 12 of the Kindergarten Act have received an offer of a kindergarten place. Main admission applies to places that are available from August.

Right to a place (cf. Kindergarten Act § 12 a).
Children who reach the age of one no later than by the end of August in the year a kindergarten place has been sought, are, upon application, entitled to a place in a kindergarten from August.

Supplementary admission:
Supplementary admission takes place throughout the whole year based on a waiting list at the relevant time. Applications for supplementary admission can be made throughout year.
There is no statutory right to a place on supplementary admission.

Allocation of places:
Great importance shall be attached to the wishes and needs of users in connection with the actual admission, cf. Kindergarten Act § 12(1),
Kindergarten places are allocated based on the indicated priority of kindergartens and the municipality’s set admission criteria.
If there are no available places in the kindergartens applied to, the municipality may offer a place in another kindergarten.
If no offer of a kindergarten place has been received by 31.12 in the current year a new application must be made (the waiting-list is deleted).

Admission of children in municipal kindergartens shall take place in accordance with the municipality’s set admission criteria. The admission criteria apply to main admissions and supplementary admissions.

In accordance with § 13 of the Kindergarten Act, children with disabilities or who are the objects of an administrative decision pursuant to sections 4-12 and 4-4 (2) and (4), of the Child Welfare Service Act shall be entitled to priority for admission.

There is no lower age limit for priority under § 13.

Documentation:

Expert assessment. The documentation must confirm that the child has reduced functional capacity and that the functional reduction and its consequences create a greater need for a kindergarten place for this child than for other children. The municipal medical officer is to determine in the case of doubt whether the documentation is to be accepted or whether further documentation is to be required. In the case of a rejection of an application for priority the municipal medical officer is to present his/her assessment. The assessment is to accompany the rejection.

Where an application for a place is made in connection with child welfare measures a copy of the decision is to accompany the application.

Documentation must not be more than 3 months old.

Children from families that have great hardship due to illness or disability of parents/guardians or siblings.

Documentation:

Doctor’s certificate. The doctor’s certificate must confirm that the illness or disability is serious and that it is of such a nature that parents/guardians are dependent on daily relief.

If the admission authority is in doubt as to whether the documentation should be approved the municipal medical officer is to decide whether the documentation should be approved or whether further documentation should be required. An assessment shall accompany the rejection.

Documentation must not be more than 3 months old.

Children of refugees who are to be housed in Ås municipality where the parents/guardians are to follow the introduction programme for newly arrived refugees.

Documentation:

A confirmation from the relevant body that the parents/guardians are to follow the introduction programme.

Children from families who accept a kindergarten place that was not their first wish are given the right to priority for transfer to the municipal kindergarten that was their first wish.

Sibling priority is given to children with a statutory right to a place who would have a sibling in the municipal kindergarten sought on the child’s start date.

Children who belong to language and/or cultural minorities for the last two years before the child begins school. Language/cultural minorities are defined here as children with another language and/or cultural background than Norwegian. Both parents must have another mother tongue than Lappish, Swedish, Danish or English.

Documentation:

Documentation from the health centre. The health centre is to make an overall assessment based on the child’s language skills and family situation.

Documentation must not be more than 3 months old.

Children of single parents/ guardians who can document that they are in, or are actively seeking, work or education.

Documentation:

A confirmation from the employment office that the parent/guardian is considered to be single in accordance with the social security guidelines and that the parent/guardian is in or is actively seeking work or education.

Documentation must not be more than 3 months old.

The municipality’s Chief Officer can approve priority on kindergarten admission in order to recruit or retain personnel in the case of shortages.

Documentation:

Recommendation from Department Director

Allocation of recruitment place to employees who do not live in Ås municipality:

• Employees of Ås municipality who are resident in another municipality and who have applied for and had rejected a kindergarten place in their home municipality, may be allocated a temporary kindergarten place in Ås municipality. The place is allocated from the time the relevant person is at work and for the remainder of the kindergarten year.

• The recruitment place lapses when employment in Ås municipality ceases.

In the case of that group that does not fall within the priority admission criteria 1–8, the following selection method applies for the award of kindergarten places:

By the child’s age:

a. priority for the oldest children over 3 years

b. priority for the oldest children under 3 years

Departures from the priority sequence:

The admission authority may depart from the priority sequence based on considerations related to be age and gender composition of the group of children.

The ability to so depart does not apply in relation to applicants with priority in accordance with admission criteria 6.1.

A municipal kindergarten place is given until the mandatory age for schooling unless otherwise specifically provided in the offer letter.

The allocation date is set out in the offer letter. The start date is to be agreed with the kindergarten.

When moving out of the municipality the right to a kindergarten place lapses with effect from the first day of the month following the move.

The termination notice period is one month with effect from the first day of the following month.

Payment must be made for the place during the termination notice period, also if it is not used.

A lack of payment after two reminders involves the immediate termination of the place, unless other special payment arrangements have been established in writing.

If closing time in the kindergarten is not observed on repeated occasions, this may lead to termination.

Parental payments in kindergartens are regulated by the regulations on parental payments in kindergartens.

The maximum limit for parental payments is set by Parliament. The municipal council may in accordance with the regulations on parental payments set rates for parental payments if the rates do not exceed 6% of the household’s aggregate personal income, cf. the regulations § 3. Moderation schemes.

The municipal council sets rates for meals and any fees.

Moderation:

The parental payment for the first child in a kindergarten shall amount to a maximum of 6% of the household’s aggregate personal income in accordance with chapter 12 of the Taxes Act and taxable capital income and be limited upwards to the maximum limit for parental payments. For the second, third and further children the parental payment is set in line with provisions on sibling moderation, at respectively 70% and 50% of the parental payment for the first child. Moderation covers siblings who permanently live together. Sibling moderation is also given where the siblings attend different kindergartens in the same municipality.

The municipality shall give an exemption from parental payment for 20 hours a week (free core time) to all four and five-year-olds in households with aggregate personal income in accordance with chapter 12 of the Taxes Act and capital income below an income limit set by Parliament. The same applies to children with a delayed school start.

Application and documentation:

The moderation schemes, with the exception of sibling moderation, are application based. An application is to be made for a reduction in parental payment for one kindergarten year at a time. Parents/guardians are to apply on a set form and within a set deadline. The application shall include the last year’s tax return and taxable capital or personal income that is not pre-completed. If a tax return cannot be presented or in the event of a material and lasting change in household income in relation to the previous year’s tax return, an applicant may present other documentation for income.

The municipality will also consider applications when:

• Children start in the middle of the year
• The family has a change in its financial situation during the year
• An application has not been made within the deadline.

In the case of those who do not deliver an application within the set deadline, moderation applies from the first full month after the date of application.

What is a household:

Persons who are married, registered partners and those living together constitute a household.

Persons living together are defined as 2 unmarried persons over 18 years of age who live together and have lived together in a relationship similar to marriage for at least one year or have a child together.

If the parent/guardian is separated or divorced or lives alone, the calculation base is only the one person’s income. In cases where the child lives permanently with both parents, for example one week with each, the payment is based on the income of the parent/guardian that has the same residence register address as the child.

From when does payment start:

• The first payment runs from the 1st or 15th of the month depending on the date of allocation of the kindergarten place.
• Payment takes place in advance.
• Payment accrues for an unused place if it has not been terminated in writing and with 1 month’s notice.
• Payment is made for 11 months a year, there is no payment for July.
• In addition to ordinary parental payments, there is a charge for meals.

Delayed and missing payments:

In the event of late payment interest on the delayed amount accrues in accordance with the Act of 17 December 1976 no.100 on interest in the case of the late payment. In the case of reminders sent out at the latest 14 days after the claim has fallen due, a reminder charge may be made.

Fee for collection after closing time:

A fee set by the municipal council may be charged if on repeated occasions a child is collected after the kindergarten’s closing time.

The guidance for net play and occupation space in the municipality’s kindergartens is:

Whole day kindergartens: 0-3 years: 5.2 m2 and 3-6 years: 4.0 m2          

The external space should be roughly 6 times the net play and occupation space.

Opening time

a) The kindergartens are open each weekday from 07.15 to 16.45. The individual kindergarten may extend its opening time in the period 07.00-17.00.
b) The kindergartens are closed on Christmas and New Year’s Eve. The kindergartens will as required be able to join together in the days between Christmas and New Year and in the days before Easter.
c) The kindergartens close at 12.00 noon on the Wednesday before Easter
d) The kindergartens are closed in weeks 28-29-30.
e) All kindergartens are closed on 5 planning days a year.  Planning days are preferably held on the same dates as the schools have planning days or other days when the schools are closed.

Holidays:

All children shall have at least 4 weeks holiday during the kindergarten year.

3 of the weeks shall be continuous.

Certain decisions made in accordance with these bylaws can be appealed.

The appeal must be presented in writing to the municipality via the Children and Culture Department specifying the decision to which the appeal relates and the reasons for the appeal. The appeal deadline is 3 weeks after the decision has been made known (cf. Public Administration Act § 28 and 29).

If the municipality does not uphold the appeal, the municipality is to send the appeal to the appeals body. The municipality’s appeals body is the municipal council.

The following decisions may be appealed:

a) A decision to reject an application for a kindergarten place in the main admission
b) First and second kindergarten choices not accepted in the main admission
c) Rejection of an application for a kindergarten place in the supplementary admission for applicants with a statutory right to priority under the Kindergarten Act § 13 (admission criteria 6.1)
d) A decision to reject statutory priority under the Kindergarten Act § 13 (admission criteria 6.1)
e) A decision to reject an application for priority under the admission criteria 6.2, 6.3, 6.4, 6.5, 6,7 and 6.8
f) A decision setting the payment for a place in a kindergarten
g) A decision terminating a kindergarten place

The municipality’s kindergartens have an internal control system in accordance with applicable regulations and guidelines:

a) Regulations on systematic health, environmental and safety measures in businesses (internal control regulations) of 1.1.1997
b) Regulations on environmentally oriented health protection in kindergartens and schools etc. of 10.1.1996.
c) The municipality’s internal control system

§ 20 of the Kindergarten Act provides that the rules on the duty of confidentiality under the Public Administration Act §§ 13 to 13 f apply to employees in kindergartens.

§§ 21 and 22 of the Kindergarten Act impose on kindergarten personnel a duty to provide information in relation to social services and the child welfare service.

Children in municipal kindergartens are insured against accidents while they are in the kindergarten, on their way directly to and from the kindergarten and when they participate in outings under the kindergarten’s management.

Changes to the bylaws are to be made by the Main Committee for Children and Culture.