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VGH Mannheim: Parental allowance also for attending day care centers
(jur). If parents receive a voluntary grant from the municipality to visit their children in a kindergarten, this should not only apply to municipal day care centers. If the attendance of kindergartens is not supported, this violates the principle of equality, the Administrative Court (VGH) Baden-Württemberg in Mannheim decided in a judgment announced on Monday, March 14, 2016 (Az .: 12 S 638/15 ). In terms of the amount of funding, the municipality may take into account differences in the childcare options, according to the VGH in its judgment of February 23, 2016.
A couple from Künzelsau had sued and sent their two children to a Waldorf kindergarten in 2008. Since 2007, the city has granted Künzelsau parents a significant discount if the children are sent to an urban kindergarten. From the age of 3, there are no more daycare fees.
The plaintiff's parents also wanted to benefit from this and asked the city to reimburse childcare fees of 11,621 euros. That was how much they had spent visiting their children in the Waldorf kindergarten.
The Stuttgart Administrative Court dismissed the parents' action for reimbursement of the contributions paid. However, the court ordered the municipality to decide again on the application for a grant for reasons of equal treatment.
However, the city of Künzelsau only wanted to pay voluntary grants for visits to municipal kindergartens and therefore appealed to the VGH against the judgment.
But the Mannheim judges also overturned the funding practice of the municipality. With the direct promotion of a visit to a city day care center alone, the parents' legal right to vote and their right to choose a parent are undermined. It is against the principle of equality in the Basic Law if parents who send their children to a kindergarten of a free carrier are excluded from voluntary support.
The municipality also supports the Künzelsau Waldorf Kindergarten itself with voluntary grants. However, in contrast to the promotion of the city's daycare visit, these would not have the purpose of regularly enabling preschool children to attend a three-year free kindergarten. Rather, they served to fund private kindergartens in general.
The city must therefore make a new decision about the application for funding from the complaining parents. However, the funding between the kindergartens of the individual providers does not have to be the same. The amount of funding may take into account differences in the care offers. (fle)