The NDS. The law on day-care centers and child day care (NKiTaG) requires the providers of day-care centers to employ specialists to look after the children in the day-care groups that have been set up.
In order to meet this legal requirement, the facility owners are dependent on recruiting a sufficient number of skilled workers, which is difficult given the shortage of skilled workers, especially in the area of child day care.
In order to support the institution providers in recruiting young talent, Section 30 NKiTaG created a right for the providers to receive special financial assistance for the use of so-called “staff in training” in 2021, which should apply from August 2023. After applications for funding based on this, among other things, by the plaintiff had been submitted to the responsible regional state office for schools and education (state youth welfare office) in December 2023, the state legislature changed the wording of Section 30 NKiTaG retroactively to August 1, 2023 with the expressly stated aim of clarifying that the funding should only be granted to employees who complete their specialist training part-time.
The plaintiff city of Burgdorf had originally submitted facility-related funding applications in accordance with Section 30 of the NKITaG to the defendant state youth welfare office for six employees in training. The defendant only granted these applications in relation to one employee and otherwise rejected them on the grounds that the other employees concerned completed their training full-time – divided into a practical and a school part. They are therefore not covered by the scope of application of Section 30 NKITaG, as can be seen directly from the wording, which was only changed to “clarify” in December 2023. The plaintiff, on the other hand, believes that the change is not just a clarification, but rather a restriction on the content of the provision, which violates the so-called prohibition of retroactivity. In addition, the defendant’s assessment that the employees concerned had completed their training full-time was incorrect.
In addition to the procedure to be heard, there are more than ten other lawsuits with similar facts pending before the Chamber, the assessment of which, as in the present case, essentially depends on the interpretation of Section 30 NKITaG.
Az. 3 A 4509/24
In the original version, Section 30 NKITaG read as follows:
§ 30 Special financial assistance for staff in training
The supra-local provider grants the providers of day-care centers for each regularly working employee who does not have one of the state-recognized pedagogical qualifications mentioned in Section 9 Paragraphs 2 or 3 or equivalent training and
1. is in part-time training or part-time study with the aim of obtaining a professional qualification in accordance with Section 9 Paragraph 2 Nos. 1, 2, 6 or 7 or Paragraph 3 Sentence 1 No. 1 and
2. who works in a kindergarten group or in a cross-age group in which at least half of the children are admitted from the age of three until they start school, during the core time in addition to the staff required under Section 11 Paragraph 1 for at least 15 hours per week,
From August 1, 2023, special financial assistance of 20,000 euros annually upon application.
In the amended textual version from December 2023, the standard reads as follows:
§ 30 Special financial assistance for staff in training
The supra-local provider grants the provider of a daycare center for each employee who regularly works for the provider
1.
does not have a qualification mentioned in Section 9 Paragraph 2 or 3 or equivalent training,
2.
is in part-time training with the provider or is studying with the aim of obtaining a professional qualification in accordance with Section 9 Paragraph 2 Sentence 1 No. 1, 2, 6 or 7 or Paragraph 3 Sentence 1 No. 1 and
3.
As part of their training or studies in one of the provider’s kindergarten groups or in a multi-age group of the provider, in which at least half of the children are admitted from the age of three until they start school, they work an average of at least 15 hours a week during the core time in addition to the staff required in accordance with Section 11 Paragraph 1 in the kindergarten year,
From August 1, 2023, upon application, special financial aid of 20,000 euros per kindergarten year. The special financial assistance is prorated to reduce the months in which the conditions for granting the special financial assistance are not met for a full calendar month.
Source: Hanover Administrative Court
