Ordinance on Payments to Primary School Providers for Retroactive Compensation of Teachers for Recess Supervision in Kindergarten - Subject Matter and Purpose

1. This decree regulates

a) the entitlement to and the extent of compensation to public school sponsors for retrospective remunerations to teaching staff for supervision during breaks in kindergartens between August 1, 2015, and January 31, 2021;

b) the execution of these compensations.

2. It forms the legal basis for the implementation of the Cantonal Council's decision regarding the 2022 budget, account 4050.360 Head of Primary Education / State Contributions, concerning the provision of compensations to public school sponsors for retrospective remunerations to teaching staff for supervision during breaks in kindergartens between August 1, 2015, and January 31, 2021.

1. Right to Compensation for Public School Carriers

Public school carriers have the right to compensation if they

a) Compensated teaching staff for supervision duties during breaks at kindergartens that were not included in their professional duties and were performed between August 1, 2015, and January 31, 2021;

b) Submitted the information required under Art. 6 para. 1 of this decree in a timely manner and confirmed its accuracy.

1. A credit of 2.35 million Swiss Francs is available for the remunerations under this decree.

1. The compensations to the primary school sponsors are made on a flat-rate basis for each kindergarten class in which supervision during breaks not included in the professional contract was performed and compensated between August 1, 2015, and January 31, 2021.

2. The flat-rate compensation per kindergarten class corresponds to the amount pursuant to Art. 3 of this decree, divided by the number of kindergarten classes for which there is a compensation entitlement.

1. A primary school authority that has unlawfully received a compensation shall reimburse it to the canton along with interest according to the provisions of the Swiss Code of Obligations.

2. The Department of Education orders the reimbursement.

1. The Association of St. Gallen Public School Providers collects from the public school providers

a) the name of the public school provider that wishes to claim a reimbursement;

b) the number of kindergarten classes of the public school provider in which supervision during breaks, not included in the professional mandate, was performed and compensated between August 1, 2015, and January 31, 2021;

c) the IBAN number of the account to which the reimbursement should be made, as well as the account holder's name;

d) a certification of the accuracy of the provided information.

2. In consultation with the Office of Public Schools, it sets a deadline for the public school providers to report in accordance with paragraph 1 of this provision. Applications submitted after this deadline will not be considered.

3. The Association of St. Gallen Public School Providers submits the information according to paragraph 1 of this provision to the Office of Public Schools.

1. The Education Department

a) determines the lump-sum compensations based on the information provided by the public school authorities;

b) informs the public school authorities of the amount of the respective lump-sum compensation and disburses it.