Statute on the collection of parental contributions for the participation of students in the "Open All-Day School" of the special school Vollmerhausen, Schulbergstraße 6-10, 51645 Gummersbach (Parental Contribution Statute)

In its meeting on 25.06.2026, the District Council (Kreistag) of the Oberbergischer Kreis, pursuant to § 5 of the District Code (Kreisordnung) for the State of North Rhine-Westphalia, as promulgated on 14 July 1994 (GV. NRW p. 646), last amended by Article 2 of the Act on the Further Development of Political Participation in the Municipalities and on the Amendment of Provisions of Municipal Constitutional Law of 19.12.2013 (GV NRW p. 878), and § 2 of the Municipal Charges Act (Kommunalabgabengesetz) for the State of North Rhine-Westphalia of 21 October 1969 (GV NRW p. 712), last amended by Article 1 of the Amending Act of 13.12.2011 (GV NRW p. 687), resolved the following statutes:

§ 1 Scope of Application, Definitions

(1) For the use of the services of the Open All-Day School of the Förderschule Vollmerhausen, Schulbergstraße 6-10, 51645 Gummersbach, public-law contributions (parental contributions) are levied by the Oberbergischer Kreis. The parental contribution consists of a childcare contribution and a contribution for lunch.

(2) The assessment shall be made by written notice.

§ 2 Open All-Day School in Primary Education

(1) Within the framework of the provisions of the statutes, the Open All-Day School in the primary sector (OGS) offers extracurricular activities in addition to the scheduled lessons on all school days and for eight weeks during the holidays. Including the general teaching time, this time frame generally extends, on all school days and non-teaching days (pursuant to sentence 1), from 8.00 a.m. to 4.00 p.m. Upon application, a longer period of care may be contractually agreed where substantiated factual reasons are demonstrated. The extracurricular activities are deemed to be school events.

(2) The child's participation in the extracurricular activities of the OGS shall take place following prior registration on the basis of a childcare agreement with the Oberbergischer Kreis. By concluding this agreement, the parents acknowledge this statute and the parental contribution table attached as Annex 1.

§ 3 Admission and Participation

(1) As a rule, a child may only participate in the extracurricular programme if it is offered at the Förderschule. Joint programmes of neighbouring primary-level schools are possible. Participation in the extracurricular programme is voluntary.

(2) Participation requires registration, generally before the start of the school year, as well as the childcare agreement pursuant to § 2 (2). The childcare agreement is binding for the duration of one school year. Depending on the start of the summer holidays, the childcare agreement may, by way of derogation from the school year, begin on 01.08 or 01.09 and end on 31.07 or 31.08. Registration takes place at the school.

(3) The child shall be admitted, provided a place is available. The decision on admission shall be made by the Oberbergischer Kreis in cooperation with the school management and the provider of the OGS.

(4) Admission during the current school year is possible on the first day of a month, provided a place is available.

§ 4 Deregistration and Exclusion

(1) Deregistration may only take place by written termination of the concluded childcare agreement by the persons with custodial rights, with three months' notice (by 30.04.) to the end of the school year. If no notice of termination is submitted, or if it is not submitted in due time, the agreement shall automatically be extended by a further school year.

At the end of the school period, the all-day care contract shall end automatically on 31.07. of the last school year. An extension by one month within the framework of the holiday care programmes shall only be possible by means of a written application to the Oberbergischer Kreis and after consultation with the school. The contracting parties shall be entitled to terminate the contract, waiving compliance with the notice period, where important reasons exist, e.g. relocation.

(2) The Oberbergischer Kreis may terminate the contract for good cause, in which case, if applicable, without observing a notice period. Good cause exists in particular where

• the child is absent for a longer period without giving reasons and the place is urgently needed.
• the persons with custody have fallen into arrears, wholly or in part, with payment of the parental contribution for more than two months.
• other grounds for exclusion regulated in the general school rules exist, e.g. persistent disruption of order or violence against persons or property.

§ 5 Obligation to Pay Contributions, Persons Liable

(1) The parents with whom the child lives shall pay monthly parental contributions in accordance with their economic capacity.

(2) If the child lives with only one parent, that parent takes the place of the parents.

(3) If, in the case of full-time foster care under § 33 SGB VIII, a child allowance under § 32 of the Income Tax Act (Einkommenssteuergesetz) is granted to the foster parents, or child benefit is paid, the persons receiving the benefit take the place of the parents.

(4) Several persons liable to contribute shall be jointly and severally liable. This shall also apply if the child lives with both parents under a shared custody (alternating residence) arrangement.

(5) If the group of persons liable to contribute changes, this shall affect the assessment of the contribution from the first day of the month following the change.

§ 6 Exemption from and Reduction of Contributions

(1) If more than one child from a family simultaneously attends the Open All-Day School, the 'School from Eight to One' programme, a day-care facility for children, or is cared for in child day-care, the following contribution scale applies:

• First child: 100%
• Second child: 50%
• Third child: 25%
• Fourth child: free of charge

A sibling child cared for at the same time in a day-care centre for children or in child day-care always counts as the fee-liable first child under the relevant Parental Contribution Statute (Elternbeitrags-Satzung) of the Oberbergischer Kreis. If more than one child attends a day-care centre for children or is cared for in child day-care, the children attending the Open All-Day School (Offene Ganztagsschule) shall be regarded as the second and third child within the meaning of this provision.

Childcare places at the open all-day school shall take priority over childcare places at the "Schule von acht bis eins" (School from Eight to One) in the sibling arrangement.

The contribution for lunch must be paid in full for each child.

(2) If persons liable to pay contributions receive benefits to secure their livelihood under SGB II, SGB XII or AsylbLG, a child supplement under the Bundeskindergeldgesetz, or housing benefit under the Wohngeldgesetz, no care contribution shall be levied.

§ 7 Amount of Parental Contributions, Obligation to Provide Evidence

(1) The amount of the parental contributions shall be determined in accordance with the parental contribution table, which forms part of this statute as Annex 1.

(2) Where a case of full-time foster care under § 33 SGB VIII exists, in which the foster parents are granted a child tax allowance under § 32 of the Income Tax Act or are paid child benefit, a parental contribution shall be payable that results from the parental contribution scale for the second income group, unless a lower contribution results under paragraph 1.

(3) Upon admission, and thereafter upon request, the parents must state in writing to the Oberbergischer Kreis, and provide evidence of, which income group under Annex 1 pursuant to paragraph 1 is to form the basis of their parental contributions.

(4) Without information on income level or without the required proof, the highest parental contribution shall be payable.

§ 8 Payment Period of Contributions and Due Date

(1) The obligation to pay the contribution begins on the first day of the month in which the child's childcare place at the Open All-Day School becomes available. It ends at the close of the calendar month for which the childcare arrangement was terminated in due time vis-à-vis the institution. It ends at the latest at the close of the school year in which the period of schooling ended.

(2) The obligation to pay the contribution is not affected by closure periods of the facility or the absence of the child.

§ 9 Calculation of the Parental Contribution

(1) For the purposes of this statute, income means the sum of the positive income of the persons liable to pay the contribution within the meaning of § 2 paragraphs 1 and 2 of the Income Tax Act, less, where applicable, tax-recognised childcare costs as proven special expenses. Set-off against losses from other types of income and against losses of a jointly assessed spouse is not permitted.

(2) Tax-free income, maintenance payments, and public benefits intended to cover the cost of living for the parents and the child for whom the parental contribution is paid shall be added to the income within the meaning of paragraph 1. Child benefit under the Federal Child Benefit Act (Bundeskindergeldgesetz) shall not be added. Parental allowance under the Act on Parental Allowance and Parental Leave (BEEG) shall, analogously to § 10 para. 2 and 3 BEEG, remain exempt from being taken into account in the amount specified therein.

(3) If a parent receives income from an employment relationship or from holding a mandate, and is on that basis entitled, in the event of leaving that position, to a lifelong pension or, in lieu thereof, to a severance payment, or is subject to retroactive compulsory insurance under the statutory pension insurance scheme, an amount equal to 10 per cent of the income from this employment relationship or from holding the mandate shall be added to the income determined under this provision.

(4) For the third and each additional child, the allowances granted under section 32(6) of the Income Tax Act (Einkommenssteuergesetz) are to be deducted from the income determined pursuant to this provision.

(5) The income in the calendar year preceding the declaration shall initially be decisive. By way of derogation from sentence 1, twelve times the income of the last month shall be used as a basis if it is expected to be permanently higher or lower than the income of the preceding calendar year. Expected special and one-off payments shall be included in the calculation.

(6) The value determined by way of a forecast or on the basis of the income of the preceding year shall be applied only until the actual income earned can be established after the end of the calendar year. Retrospectively, the total positive income in the year in which the contribution obligation applies (generally based on the tax assessment notice) shall then be taken into account and the parental contribution shall be finally determined. This may result in both refunds and additional demands for payment.

(7) Changes in income circumstances that may result in the application of a higher income group must be reported without delay. The parental contribution will then be reviewed and, if necessary, redetermined. Where monthly income cannot be determined, the expected annual income shall be used as a basis, by way of derogation from paragraph 5 sentence 2.

(8) Irrespective of the duty to provide information and notification under paragraph 7, the Oberbergischer Kreis shall be entitled to review the personal and financial circumstances of the party/parties liable for the contribution at any time. At the latest in the final year of care or after the end of the care period, a final review of the income circumstances over the entire care period shall take place.

(9) The income of a calendar year is decisive for determining the contribution even if the child was not cared for throughout the entire year, or if the income was already lower at the start of the care period.

§ 10 Due Date, Settlement of Differential Contributions

(1) The parental contributions are payable in advance on the first day of a month. Parental contributions are always levied as full monthly contributions.

(2) Overpayments resulting from a subsequent determination of contributions shall, where possible, be offset against the next monthly contributions due. Any resulting obligations to make additional payments shall be settled on the following first day of the month (but at the earliest 14 days after the due date becomes known).

§ 11 Contribution for Lunch

(1) Participation in the daily lunch is mandatory for all pupils of the open all-day school (Offene Ganztagsschule).

(2) For lunch, the Oberbergischer Kreis shall levy an additional contribution in accordance with the contribution table (Annex 1). This contribution is to be paid together with the parental contribution.

§ 12 Competence

The Oberbergischer Kreis is responsible for collecting the parental contributions and the lunch contributions for the open all-day school (OGS) at the Vollmerhausen special-needs school.

§ 13 Entry into Force

The statute enters into force on 1 August 2026.

Annex 1

Parental Contribution Table

Sibling Discount Rule pursuant to § 6

Publication Order

The foregoing “Statute on the Levying of Parental Contributions for the Participation of Pupils in the 'Open All-Day School' (OGS) of the Förderschule Vollmerhausen (Parental Contribution Statute)” is hereby publicly announced pursuant to § 5 of the Kreisordnung.

Note:

A violation of procedural or formal requirements of this Act may no longer be asserted against statutes and other local legal provisions after the expiry of six months from their promulgation, unless

a) a required permit is missing or a required notification procedure has not been carried out,

b) the statute or other local legal provision has not been duly publicly announced,

c) the District Administrator has previously objected to the district council resolution, or

d) the formal or procedural defect has previously been objected to in writing to the district, specifying the legal provision violated and the fact giving rise to the defect.

Gummersbach, 16.07.2026

sgd.

Klaus Grootens

- District Administrator -