Dispute in the mediation committee: Where there is a problem with the all-day entitlement



FAQ

Status: 06.09.2021 1:36 p.m.

It is the last attempt to save the grand coalition’s major project: Tonight, the mediation committee is struggling to find a compromise on the legal right to all-day care. What are the points of contention, what could a solution look like?

Why should there be a legal claim?

The aim is to improve the compatibility of family and work by looking after elementary school children in the afternoons as well. The Union and the SPD therefore stated in their coalition agreement four years ago to introduce the legal entitlement to relieve parents. In addition, employers would also be helped, because the labor market would then have more skilled workers available. It was argued that children had better educational opportunities if they were well looked after after school instead of sitting unsupervised in front of the television or cell phone, as the former Federal Minister for Family Affairs Franziska Giffey (SPD) put it.

How is that supposed to be implemented in practice?

Every child who starts school from summer 2026 should be entitled to a full-day place in the first four school years – for at least eight hours on weekdays. In addition, facilities should remain closed for a maximum of four weeks throughout the year – and only during holidays. According to the Federal Ministry for Family Affairs, more than half of the 2.8 million primary school children are in full-day care – in some federal states, especially in the east, even more than 90 percent. According to original estimates, between 800,000 and one million additional places would have to be created in order to fulfill the legal entitlement.

Where is it?

The main point of contention is the financing: “Those who order must also pay,” say the federal states. Accordingly, when the federal government introduces a law for legal entitlement, it should also ensure that enough money is available for implementation. In order to enable all-day care, many elementary schools would have to be rebuilt and expanded, and there are ongoing operating and personnel costs. So far, investment costs of 7.5 billion euros have been calculated, of which the federal government intends to take over 3.5 billion. The running costs are likely to accrue 4.5 billion annually, with the federal government intending to contribute almost one billion.

The states are now insisting that the federal government increase its shares. The states that would have to create a lot more places in order to meet the legal entitlement are negotiating harder, for example Baden-Württemberg. Other countries, for example Thuringia, have already implemented a legal claim. You do not have to invest less, but after all the preparatory work you can also use the money from the federal government.

What could a solution look like?

It is clear that the pressure to reach an agreement is high – especially since nobody wants to fail in election campaign times. In addition, new figures from the German Youth Institute give hope that it might not be as expensive as originally planned. The institute estimates that fewer new full-time places need to be created for a legal claim: Instead of up to one million additional places, it could only be 600,000, which would also significantly reduce the assumed costs. This may have opened up new room for negotiation.

Which scenarios are conceivable?

If the mediation committee comes to an agreement, this would have to be confirmed again by the Bundestag and Bundesrat. This could happen in the Bundestag this Tuesday – at the last meeting before the Bundestag election. The Federal Council will meet next on September 10th and 17th and could then give its approval. If there is no agreement in the mediation committee, the all-day law threatens to fall victim to the so-called discontinuity: This means that laws that could not be finally discussed in an electoral term then expire.

With material from dpa



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