on Daycare for Children (LAJE) - Objectives [ 8 ] (LAJE)

1. The purpose of this Act is

a. to strive, throughout the canton, for a sufficient and financially accessible supply of childcare places, enabling parents to reconcile family and professional life;

b. to ensure the quality of all day-care settings for children, both pre-school and after-school, family-based and collective;

c. to organize the financing of day-care for children;

d. to establish the Foundation for Day-Care for Children, hereinafter: the Foundation, in the form of a public law foundation.

1. In this Law, the following definitions apply

- **child**: any human being from birth until the end of primary education;

- **young person**: any human being attending secondary level I education;

- **preschool collective childcare**: regular daytime care, in an institution, for several children who have not reached compulsory school age;

- **primary extracurricular collective childcare**: regular daytime care outside school hours, in an institution, for several children attending primary education (from the 1st to the 8th primary year). This care may be extended to school holiday periods. This care includes travel between the school establishment and the primary extracurricular childcare institution;

- **secondary extracurricular collective childcare**: regular care during the midday break for several young persons attending secondary level I education (from the 9th to the 11th secondary year). This service may be extended to afternoon after-school care and to school holiday periods;

- **family daycare**: the care of children by any person who, in their home, on a daily basis (part-time or full-time) and for remuneration, regularly and durably cares for children;

- **competency framework**: directive relating to the titles and qualifications required of persons working in the field of day care for children;

- **reference framework**: directive concerning, in particular, child supervision ratios, infrastructure, and the educational project;

- **family daycare coordination structure**: any structure responsible for coordinating, managing, developing, and animating activities within the framework of family daycare;

- **daycare network**: any structure, recognized by the Foundation, bringing together public bodies, private partners, preschool collective childcare structures, primary extracurricular childcare structures, and family daycare coordination structures involved in day care;

- **emergency care**: specific care, particularly in the form of collective or family daycare, for sick children or children in cases of unforeseeable parental impediment; this care may also take place at the child's home by personnel from a recognized institution or organization.

1. This Act applies to

a. collective preschool childcare;

b. collective primary and secondary school-age childcare;

c. family day care;

d. day care networks.

1. In addition to childcare, collective preschool and extracurricular childcare facilities notably pursue the following missions

a. an educational mission, while respecting the primary responsibility of parents, by supporting the physical, emotional, and social development of children, within a framework promoting quality care and according to an educational project adapted to their age and needs;

b. a social and preventive mission, by promoting equal opportunities and social integration for children.

1. Any designation of person, status, function or profession used in this law applies equally to both women and men.

1. Communes shall organize collective out-of-school primary care according to the following terms

a. for children enrolled in the 1st to 4th years of primary school: care must be organized in the morning, during the midday break, and in the afternoon;

b. for children enrolled in the 5th and 6th years of primary school, care must be organized in the morning, during the midday break, and in the afternoon, including Wednesday afternoons if there is proven need;

c. for children enrolled in the 7th and 8th years of primary school: care must be organized at least during the midday break and in the afternoon, with the exception of Wednesday afternoons.

2. For out-of-school secondary care, communes shall organize supervised care during the midday break.

1. Day family care, preschool collective care, and primary school extracurricular collective care are subject to the authorization and monitoring regime defined by Ordinance [B] and the present law.

1. The Department in charge of day care for children (hereinafter: the Department) [C] is the competent authority for authorizing and supervising collective preschool care.

2. It acts through the Office responsible for day care for children (hereinafter: the Office).

3. The Office is the cantonal authority responsible for the implementation of the Ordinance [B].

4. …

1. An autonomous intercommunal public law institution is established, endowed with legal personality, for primary extracurricular collective care (hereinafter EIAP).

2. The council of the EIAP is its supreme body. It is composed of representatives appointed by the umbrella associations of the municipalities, with one delegate per district. Among the ten district representatives, at least two members must come from municipalities with a population of less than 1,500 inhabitants, and at least two others must represent cities with more than 10,000 inhabitants.

3. Furthermore, the EIAP organizes itself.

1. The EIAP establishes the reference frameworks for primary extracurricular collective childcare. Article 9, paragraph 4, is reserved.

2. It authorizes and supervises primary extracurricular collective childcare. It may delegate this competence through a service mandate to the Department, which acts through the Office. The cost of the service mandate is borne by the State.

3. The EIAP and the Office jointly conduct a periodic evaluation of the reference framework. This evaluation is the subject of a report that may include proposals for modifications for updating the reference framework(s) according to the procedure set out in paragraph 1.

4. Furthermore, the service mandate defines the terms of collaboration between the EIAP and the Office, as well as the frequency of the evaluation of the reference framework.

1. If during the course of monitoring, the Office determines that the implementation of a provision within the reference framework(s) endangers children, it shall immediately inform the EIAP through the Department Head. It shall submit proposals for remedial actions to the Department Head and the EIAP.

2. In the event of a disagreement over the measures described in paragraph 1, the Department Head or the EIAP may terminate the service mandate.

1. Municipalities or associations of municipalities are competent to authorize and supervise daytime family care.

2. A municipality may, by an administrative law contract within the meaning of the law of February 28, 1956, on municipalities [D], delegate the exercise of this competence to the municipality of another municipality or to the executive authority of an association of municipalities.

3. It sends a copy of the administrative law contract to the Office.

1. Authorities responsible for the authorization and supervision of collective and family daytime care may exchange the information necessary for the fulfillment of these tasks.

2. The Service in charge of child protection [C] may provide the authorities responsible for family care with the information necessary for the protection of the children cared for.

1. After consulting the relevant parties, the Office establishes the competency standards for preschool group care and primary extracurricular care, as well as for daytime family care.

2. …

1. For collective preschool and family daycare, the Office establishes reference frameworks after consulting the relevant sectors.

2. For primary out-of-school collective care, the EIAP establishes, after consulting the relevant sectors, a reference framework for children enrolled from the 1st to the 4th year of primary school and a separate reference framework for children enrolled from the 5th to the 8th year of primary school.

1. The department responsible for professional training [C] is the competent authority for equivalencies to required titles and certificates.

2. It may charge fees, the amount of which is determined by the Council of State.

1. **Preschool and Primary School Collective Care Institutions are Subject to Authorization.**

2. …

3. Institutions that only provide occasional care, such as play-stops in shopping centers and fitness facilities, as well as tourist children's gardens, are not subject to the authorization regime.

4. Places that offer only midday care (school restaurants) for children following primary education and that are not integrated into a network of day care are authorized and supervised by the municipalities. The municipalities set the conditions for authorization.

5. They ensure that the staff has not been convicted of offenses against physical or sexual integrity or other offenses that could endanger a minor. To this end, they require the individual to produce standard and special extracts from the criminal record.

1. Granting authorization to open an institution is subject to the conditions set forth by Ordinance [B], by this law, and by the standards adopted in accordance with Articles 7 and 7a of this law.

2. The regulation establishes the procedure for granting authorization.

1. Authorization can only be granted and maintained if the director of an institution commits to ensuring that the personnel they hire, including for temporary work, have the required training and the necessary personal and professional competencies in accordance with Ordinance [B] and this law.

2. In particular, the director must ensure that this personnel have not been convicted of offenses related to bodily or sexual integrity or other offenses that could endanger a minor. For this purpose, they request the production of both the ordinary and special excerpts from the criminal record from the concerned individual.

3. In case of doubt, the director seeks the intervention of the Office. The Office may provide them with the information it possesses.

1. The competent authority may collect fees for processing authorization requests.

2. A fee for authorization requests is only collected from for-profit institutions.

3. The amount is set by the Council of State for cantonal authorizations, and by a municipal regulation for communal authorizations.

4. The amount of the fee is determined based on the work required to issue the authorization.

1. If the conditions described in Articles 10 and 11 of this law are not met, the competent authority shall formally request the director of the institution to promptly take necessary actions to rectify the identified deficiencies. The competent authority may subject the institution to special supervision and establish particular prescriptions or recommendations to that effect.

2. If these measures are not taken, do not have any effect, or appear insufficient, the competent authority shall revoke the authorization and take the necessary steps. When there is a risk of delay causing danger, it shall order the immediate closure of the institution.

3. The competent authority shall inform, at the outset of the procedure, the operator or the responsible organization of the institution as well as the EIAP for the institutions concerned, of the measures taken.

1. Regardless of the authorization regime, the competent authority may, notably respecting the principle of proportionality, intervene if the reception conditions are not satisfactory. This intervention may consist of

- a warning;

- a prohibition and the closure of the institution for a determined or undetermined period.

1. Individuals who regularly and on a long-term basis receive children into their homes on a daily basis and for remuneration must be authorized to do so.

2. The Service establishes exceptions to the obligation to comply with the authorization and supervision regime.

1. The authorities designated in Article 6d, paragraph 1, are competent to authorize day family care under the conditions set by the Ordinance [B] and this law.

2. They ensure the supervision of individuals practicing day family care through a coordinator.

3. At the end of the calendar year, they send the Office a nominal list of authorizations granted during the year. They immediately inform the Office of any decision of notice, withdrawal, or refusal of authorization.

1. To be authorized, individuals must submit an application to the competent authority.

2. The application for authorization must be accompanied by a criminal record extract and a medical certificate proving that the concerned individual is in a physical and mental state suitable for conducting daytime family care activities.

3. The competent authority requests the criminal record extract of any person living in the same household.

4. The authorization procedure is established by regulation [E]. It specifically provides for a socio-educational investigation, conducted by a coordinator, concerning the candidate individuals. It includes a provisional authorization prior to the definitive authorization. The latter may be time-limited.

1. The granting of authorization is subject to compliance with Ordinance [B], as well as with this law and the guidelines of the Service.

2. Individuals who regularly and sustainably welcome children into their home on a daily basis and for remuneration must be affiliated with a structure for the coordination of day family care.

1. Non-compliance with this law or the conditions of authorization may result in the suspension of the authorization by the competent authority.

2. If there is imminent danger, the competent authority withdraws the authorization and immediately takes appropriate measures.

3. The Service may be petitioned if the competent authority does not take the appropriate measures. In such case, it revokes the authorizations itself. Furthermore, the provisions of the law on municipalities [D] are also reserved.

1. Regardless of the authorization regime, the Service may, particularly while respecting the principle of proportionality, intervene if the reception conditions are not satisfactory. This intervention may consist of

- a warning;

- a prohibition from providing care for a determined or undetermined period.

1. The competent authorities, designated in Article 6, paragraph 3, establish coordination structures and appoint coordinators.

2. They may delegate the administrative tasks defined in Article 22 to third parties or to the coordinators based on a specific set of requirements.

1. Coordination structures offer parents duly authorized family care placement options.

2. They collect the amounts paid by the parents for the placement of their child and other financial resources. They ensure the redistribution to day family care providers of the amounts owed to them for their services.

3. They collaborate with the relevant authorities and implement all measures that promote and facilitate day family care activities, especially concerning the participation of day family care providers in introductory courses and support meetings.

4. They insure day family care providers against the risk of civil liability arising from their activities.

1. Coordinators perform the tasks resulting from the authorization and monitoring regime.

2. The engagement of coordinators adheres to the conditions set forth in the competency frameworks and guidelines established by the Service.

3. Coordinators participate in sessions organized by the Service to ensure the coherence of practices at the cantonal level.

1. The Service, in collaboration with the municipalities or associations of municipalities concerned, ensures cantonal coherence in the matter of day-family care, particularly regarding the exercise of the authorization and supervision regime.

1. The Department responsible for professional training [C] ensures the existence of training programs that meet the requirements set forth in Article 7 of this Act. It may delegate the organization of such training to institutions recognized as being of public interest, which it may subsidize.

2. It supports continuing education.

1. The employer creates the necessary conditions for the basic training and continuing education of their personnel.

1. Public entities, private partners, collective reception facilities, and coordinating structures for family day care, satisfying the conditions of this law, may establish a day care network.

1bis. The networks must include primary extracurricular collective care as defined at a minimum in Article 4a.

1ter. The networks ensure that primary extracurricular collective care structures are established within a perimeter corresponding to the catchment areas of schools located within the networks.

1quater. The networks organize transportation between primary collective care facilities and schools. They may delegate this responsibility. In such cases, they ensure that the delegates have not been convicted of offenses against physical or sexual integrity or other offenses that could endanger a minor. For this purpose, they require the production of both the regular and special extracts from the criminal record.

2. In principle, a day care network includes at least one municipality.

3. The constituents of a day care network freely determine its organization and legal status, particularly the conditions for the admission of future members.

4. If a network does not establish itself as a legal entity, its members designate a representative to the Foundation.

1. Children of residents or employees of network members have access, depending on availability, to the entire range of group and family care services offered by the structures belonging to the network.

1. Each network sets its own pricing policy based on the income of the individuals with a direct or indirect duty to support the hosted child.

1bis. However, the networks may set a flat rate for the price of the midday meal in school cafeterias.

2. Financial accessibility to childcare services is guaranteed.

3. The maximum amount charged to parents cannot exceed the average cost of the services concerned within the day care network. The average cost is calculated according to the methods determined by the Foundation.

4. The law on the harmonization and coordination of the granting of social benefits and assistance for education and housing in the canton of Vaud is applicable in terms of calculating the determining income and the composition of the reference economic unit.

1. The State can only join a day-care network in its capacity as an employer.

2. The Council of State establishes the conditions and methods of access for its employees to the collective and family care services offered as part of a network to which it adheres.

1. To be recognized by the Foundation, a day care network must meet the following minimum conditions

a. offer childcare places for children, satisfying the conditions of the authorization and supervision regime within the meaning of Ordinance [B] and the present law, in the following three types of care: collective preschool care, collective extracurricular primary care, family day care. This offer may be provided within the framework of an inter-network agreement;

b. present a development plan for the offer of care places aiming for an optimal size, taking into account the objectives set by the Foundation in accordance with Article 41 of the present law; this development plan must be updated every 5 years;

c. provide the Cantonal Department for Statistical Research and Information with the information requested by the Foundation;

d. provide the Foundation with their annual accounts, as well as those of the care and coordination structures that are members thereof;

e. establish a tariff policy in accordance with Article 29 of the present law;

f. define, in case of insufficient places, priority criteria taking into account in particular the parents' professional activity rate, the social situation of families, and emergency care needs;

g. distribute the Foundation's subsidies to the care and coordination structures that are members of the network;

h. manage a centralized waiting list documenting supply and demand;

i. include at least one collective care structure that trains socio-educational assistants (ASE).

2. After formal notice, the Foundation shall withdraw its recognition if these conditions are no longer met.

1. Networks recognized under the terms of Article 31 shall benefit from the subsidies provided by the Foundation. The Foundation determines the amount of these subsidies.

2. They also benefit from these subsidies for services beyond those provided for in Article 4a.

3. The Foundation determines the amount of the subsidies.

1. The municipalities independently finance and organize supervised extracurricular secondary group care. They may delegate this responsibility, particularly to sports associations, cultural associations, or youth organizations, under their own responsibility. The municipalities ensure that individuals in contact with the youth have not been convicted of offenses against physical or sexual integrity or other offenses that may endanger a minor. To this end, they require the production of both the ordinary and special extracts from the criminal record from the concerned individuals.

2. This care is not subsidized by the Foundation.

1. Persons with a direct or indirect obligation to support the hosted child contribute to the funding of secondary after-school collective care. This financial contribution is determined by the municipalities.

1. Under the name "Foundation for Daytime Childcare," a public law foundation is established, with the aim of serving the public interest. It is endowed with legal personality and placed under the supervision of the State.

1. The organs of the Foundation are

a. the Foundation Board;

b. the Consultative Chamber;

c. the administrative body;

d. the external audit body.

1. The Foundation Board is the supreme governing body of the Foundation. It comprises 12 members and a chairwoman, namely

a. three members representing the State;

b. three members proposed by the municipalities;

c. three members proposed by representative economic organizations, recognized for this purpose by the State Council;

d. three members proposed by the Consultative Chamber;

e. a chairwoman, proposed to the State Council by the 9 members mentioned in letters a), b), and c) of this article.

2. The State Council appoints the members and the chairwoman of the Foundation Board for a renewable term of 5 years.

1. The Consultative Chamber is composed of 20 to 30 members drawn from professional and other relevant sectors involved in day care.

2. The Council of State appoints the members of the Consultative Chamber, upon proposal from the Department, for a renewable five-year term.

3. The Consultative Chamber

a. proposes three members of the Foundation Council, notably from the professional and parental sectors;

b. provides its opinion on matters presented to it by the Foundation Council;

c. proposes matters to the Foundation Council through its representatives.

4. The Consultative Chamber adopts internal regulations ratified by the Foundation Council.

1. The administrative body is responsible for the administrative and financial management of the Foundation. It is appointed by the Foundation Council.

1. The external audit body is appointed by the Council of State upon the proposal of the Foundation Board.

1. The auditor's report, the annual operating accounts, and the balance sheet of the Foundation are presented annually to the Council of State.

1. The functioning of the Foundation is set forth in internal regulations adopted by the Foundation Board and ratified by the Council of State.

2. These regulations are public.

1. The Foundation's missions include

a. assessing the needs for day care;

b. assessing the adequacy between the supply and demand for day care;

c. coordinating and promoting the development of day care services, notably by setting objectives; these aim at extending day care networks to an optimal size and ensuring full coverage of the cantonal territory;

d. recognizing day care networks, within the meaning of Article 31 of this Act;

e. subsidizing day care, through day care networks, under the conditions set by Article 50 of this Act and by the regulation [F] provided for in Article 40 of this Act;

f. developing emergency care.

2. The Cantonal Service responsible for statistical research and information [C] is responsible for collecting and analyzing the data defined by the Foundation for the accomplishment of its mission.

1. The endowment capital of the Foundation is constituted by a contribution from the State of 50,000 francs.

1. The Foundation has its own administration and assets separate from those of the State.

1. The Foundation's resources come from

a. an annual contribution from the State;

b. an annual contribution from the communes;

c. contributions to the overcompensation fund, collected from employers, in accordance with the Vaud Law on Family Allowances (LAlloc) [G];

d. donations, legacies and other contributions and, where applicable, federal subsidies.

1. The State's contribution is annually set at 25% of the payroll of the educational staff of collective childcare facilities and the coordinators of family daycare affiliated with a recognized daycare network.

1bis. …

2. The State's contribution includes its ordinary contribution, its contribution as an employer, and its contribution for startup assistance.

1. Based on the information provided by day care networks, the Foundation establishes the provisional amount for the following year of the payroll of educational staff of day care facilities and the coordinators of family day care affiliated with a recognized network. It forwards this to the department.

2. On this basis, the Department determines by decision the amount of the ordinary state contribution to the Foundation.

1. The Department pays the Foundation 90% of the ordinary contribution for the current year in twelve installments.

2. A final statement is established after the closing of the Foundation's accounts, based on the certified amount of the subsidized payroll and the revised accounts. These documents are submitted to the Department by June 30 of the following year at the latest.

3. Based on this, the Department adjusts the amount of the contribution if necessary and pays the outstanding balance to the Foundation. If the amount exceeds the contribution already paid, the Foundation reimburses the amount to the Department.

1. The Foundation is responsible for the budgetary monitoring of the financial mechanism provided for in this law, both at the level of the Foundation itself and at the level of the day reception networks. The networks shall provide the necessary information for this purpose.

1. The Department ensures that the Foundation uses the allocated resources in accordance with this law.

2. The Foundation is required to provide the Department with necessary information regarding its activities, particularly from accounting, financial, and statistical perspectives.

3. The Foundation shall immediately report to the Department any fact that may significantly affect its financial outcome.

1. The contribution of the municipalities is set at five francs per inhabitant.

2. Furthermore, the municipalities contribute to the funding of the Foundation in their capacity as employers.

1. The representative economic organizations, recognized for this purpose by the Council of State, set the rate of contributions paid by employers to the overcompensation fund.

2. They consult the Council of State.

3. The contribution rate cannot be lower than 0.16%.

4. Once the contribution rate is set, the Council of State declares it mandatory for all employers in the canton.

5. Any modification to the contribution rate must be announced with two years' notice.

(The minimum employer contribution rate according to Article 47, paragraph 3, is set at 0.12% for the years 2017 and 2018, according to the transitional provision of the amending law of 29 September 2015.)

1. Employers within the meaning of this chapter are natural and legal persons subject to Articles 4, numbers 1 and 2, 5, number 1, and 8, number 1 of the Vaud Law on Family Allowances [G].

1. The Foundation must cover the grants it awards with its resources. It may not resort to borrowing.

1. The Foundation only subsidizes day care through the day care networks it has recognized. Only non-profit structures that are members of such a network can benefit from the Foundation's subsidies.

2. It may also grant subsidies to organizations in Vaud that are active in day care.

2bis. It may grant subsidies through the networks to a care structure created by a company, provided that this care structure pursues a non-profit purpose and has signed an agreement with a recognized network. This agreement will include, in particular, the criteria for access to care places, the pricing policy applied to parents, and the financial and statistical data to be provided to the FAJE through the concerned network. The FAJE may, by regulatory means, establish other elements that must be contained in the agreement.

3. The subsidy provided by the Foundation notably takes into account the salary costs of the educational staff of the collective care structures, the salaries of the coordinators, and the staff of the coordination structures of family day care, the provision of care places, and the development plan of the day care networks. This subsidy can also take the form of start-up assistance for collective care structures.

4. Subject to paragraph 5, the Foundation sets the rates, criteria, and terms of the subsidies granted.

5. The salary costs of educational staff in preschool collective care structures and out-of-school collective care structures are subject to the same subsidy rate.

1. The Foundation is responsible for overseeing the use of the grants it provides.

2. Furthermore, the provisions of the law on grants [H] apply regarding the recovery of grants and penalties.

1. The Department in charge of specialized pedagogy [C] may subsidize the necessary supervision for the care of a child or young person whose condition requires special educational support, primarily due to a disabling disorder or impairment.

2. ...

3. The regulation specifies the modalities of collaboration between the Department in charge of day care [C] and the Department in charge of specialized pedagogy [C].

1. The Department in charge of specialized pedagogy [C] may recognize preschool or out-of-school care facilities specifically intended for children or young people whose condition requires special care due to a disabling disorder or a deficiency as defined by the law on specialized pedagogy [I].

2. It allocates operating subsidies to facilities recognized under the preceding paragraph.

3. Within these facilities, secondary out-of-school group care may extend to include morning care before school and afternoon care after school if the need is established due to the disabling disorder or deficiency.

4. The Department in charge of specialized pedagogy sets the financial contribution that may be expected from the persons responsible for the maintenance of the children or young people cared for within these facilities.

1. The State may establish its own day care facilities.

1. An appeal is open to the Cantonal Court against the decisions made pursuant to this law.

1. - Any person who violates the provisions of this law shall be subject to a fine of up to 20,000 francs.

2. The prosecution shall take place in accordance with the law on contraventions [J].

3. Exceptions are made for cases where the incriminated acts fall under ordinary criminal law or the law on the protection of minors [K] or the law on municipalities [D].

1. The Service has the authority to impose the sanctions provided in Article 26 of Ordinance [B].

1. Upon the entry into force of this law, municipalities shall have a period of three years to hire coordinators and establish day family care coordination structures in accordance with the law.

2. Pending the hiring of coordinators and the creation of coordination structures, previous practices shall apply.

1. As of the effective date of this law, individuals providing daytime family care have a period of 12 months to submit an application for authorization to the competent authority in accordance with Article 17 of this law.

2. Individuals providing daytime family care who have authorization under practices prior to the effective date of this law shall be granted authorization without additional investigative procedures by the competent authority, subject to the submission of a criminal record extract for every person residing in the same household.

1. Municipalities, or employers, who have directly contributed financially to the creation of collective care facilities within the canton prior to the entry into force of this law, may, during the five years following the entry into force of this law, request the restitution of all or part of their contributions to the Foundation as per Article 44, letter b), or letter c), respectively. The Council of State shall establish, by ordinance, the conditions and procedures for restitution, as well as the method of calculating the amounts to be restituted.

2. The Foundation Board may propose to the Council of State to extend the restitution period for all or part of the contributions.

1. The representation of the State within the Foundation Council shall gradually increase from one to three members in accordance with the deployment of the increase in the State's contribution up to the amount provided in the 2003-2007 legislative program.

1. Within 5 years following the entry into force of this law, the Council of State shall submit an evaluation report on the implementation of the law to the Grand Council.

2. This report shall be accompanied by a draft decree introducing measures if the objectives of the law, as defined in the statement of reasons, are not achieved.

1. Umbrella associations of employers and employees in the field of collective day care are invited to negotiate a collective labor agreement.

2. Regulation [F] sets the conditions under which the Foundation recognizes networks in which structures do not apply the collective labor agreement.

3. The statutes of cantonal staff and municipal staff are reserved.

1. The ordinary contribution of the State provided for in Article 45 takes into account a progressive increase in the coverage rate for child day care of, in principle, 0.8% per year until 2017.

2. The ordinary contribution of the State to the annual FAJE budget is set by a decree submitted in 2013 for the 2013-2014 and 2014-2015 school years; in 2014 for the 2015-2016 school year; in 2015 for the 2016-2017 school year; and in 2016 for the 2017-2018 school year.

1. The minimum employer contribution rate according to Article 47, paragraph 3, is set at 0.12% for the years 2017 and 2018.

2. The procedure for setting the rate governed by Article 47 does not apply to the changes in the rate resulting from this law. These changes are declared mandatory for all employers in the canton.

1. Upon the entry into force of this law, municipalities have a period of 4 years to organize morning care for students enrolled from the 1st year of primary school to the 6th year of primary school. They also have a period of 4 years to organize afternoon care for students enrolled from the 5th to the 8th year of primary school.

1. The reference framework for extracurricular care in force at the time this law comes into effect remains applicable until the EIAP has enacted one.

1. Within three years following the entry into force of the EIAP framework, the EIAP and the Office shall conduct an initial evaluation of the implementation of the framework.

1. The State's contribution to the FAJE for 2017 is determined by decree within the framework of the budgetary procedure.

2. The State's contribution provided for in Article 45, paragraph 1, is set in the 2018 budget at 17% of the payroll of educational staff in collective childcare facilities and of coordinators of day care for children, affiliated with a recognized day care network. It increases by 1.6% per year to reach 25% in 2023.

3. From 2017 to 2022, the State's contribution comprises its ordinary contribution, its contribution in its capacity as employer, its contribution for start-up aid, and the supplementary contribution for out-of-school childcare within the meaning of the decree establishing the State's supplementary contribution for out-of-school childcare for the period from 2016 to 2022.

4. The Council of State shall submit a draft decree concerning the exceeding, if the annual increase in the State's contribution calculated in accordance with paragraph 2 is higher compared to 2015 than

16.93 million in 2018

23.83 million in 2019

34.63 million in 2020

41.63 million in 2021

48.63 million in 2022 and 2023.

1. In the entire law, the designations of persons or positions are in the masculine form, even if they refer indifferently to a man or a woman.

1. The Council of State is responsible for the execution of the present law. It shall publish the text in accordance with Article 84, paragraph 1, letter a) of the Cantonal Constitution and shall determine, by way of decree, the date of its entry into force.