In Germany, children’s starting opportunities continue to depend to a considerable extent on their social background. Around two-thirds of the differences in achievement between children from low and high socio-economic backgrounds arise before they start school; once they have started, these differences are almost impossible to bridge. High-quality childcare is therefore of great importance.

Since 2019, the federal government has been supporting the federal states in improving quality in childcare through the Act on Improving Quality and Participation in Childcare (KiQuTG). Nevertheless, standards remain inconsistent. In seven federal states, a mandatory language assessment has so far been carried out or is due to be introduced shortly. However, mandatory assessments of language and developmental levels across several areas of competence are currently planned in only three federal states. Furthermore, the procedures differ, in some cases considerably.

This is where the draft Startchancen- und Qualitätsentwicklungsgesetz (SCQEG) – which was adopted by the Federal Government and debated by the Bundestag at its first reading on 9 October 2026 – comes into play. The SCQEG is intended to replace the KiQuTG and is, in principle, due to come into force on 1 January 2027. However, key new obligations, such as the assessment of language and developmental levels (Section 22b of Book VIII of the Social Code), are not due to become binding until a later date.

New obligations for public youth welfare services

The centrepiece of the draft is the obligation on public youth welfare services to regularly monitor and document the development of every child in their day-care centres. By the age of five at the latest, qualified professionals are to assess the child’s language proficiency and level of development in terms of self-regulation skills, gross and fine motor skills, and mathematical abilities, using a method that is professionally appropriate and meets scientific standards. Where necessary, tailored support shall be provided, the results of which must be documented in good time before the child starts school. A non-German language spoken at home must not automatically be equated with a need for support.

Providers must ensure that at least two hours per child are set aside for assessment and at least 30 minutes per week for planning and supporting the child’s development.

Furthermore, parents or guardians must be informed in advance about the assessments and subsequently about the results, for example during the already established progress meetings. The receiving primary school may, upon request, receive the child’s name, date of birth and the results of any support measures. The data is transmitted by the body responsible for assessment and support under regional law – which is usually the institution itself. The data must be deleted no later than one year after the child starts school. Further details are governed by state law, which may also provide for different responsibilities and forms of support. These obligations for the relevant authorities are to apply from 1 January 2029, but will initially relate only to language skills until 31 December 2031.

Additional staff and specialist advice (Sections 22c and 22a(3) of Book VIII of the Social Code)

Under Section 22c of SGB VIII (as amended), childcare facilities with a higher proportion of children in challenging life circumstances are provided with additional qualified staff specialising in language development and in addressing social challenges. The provision is for a minimum of 20 hours per week for up to 80 children in care, 40 hours per week for between 80 and 120 children, and 60 hours per week for more than 120 children. Selection is based on appropriate professional criteria, which must take into account, as a minimum, the families’ financial need, the family language or the children’s language development. The federal states must support at least ten per cent of institutions across the state (Section 22c(2) of SGB VIII, as amended).

The background to this is the expiry of the federal „Sprach-Kitas“ programme. Since then, only a few federal states have continued to fund these additional specialist staff, and this funding is neither nationwide nor, in most cases, permanent. Specialist support is to be provided on a mandatory basis at a rate of at least 80, 120 or 240 minutes per week, depending on the size of the centre (Section 22a(3) of Book VIII of the Social Code, as amended). The scheme is funded via the vertical distribution of VAT revenue, with 1,493 million euros annually in 2027 and 2028, 1,243 million euros in 2029 and 993 million euros annually from 2030 to 2034.

Impact on independent organisations

Formally, the Act is directed at the providers of public youth welfare services. However, these providers must also ensure, through appropriate measures, that the funding mandate is implemented in facilities run by other providers. In future, a condition for funding independent providers will be that they too ensure the support of children in their day-care centres (Section 74a of Book VIII of the Social Code, as amended). Independent providers must therefore be prepared for the fact that assessments, time allocations, additional specialist staff and evidence provided to the youth welfare office will in future form part of quality agreements, funding guidelines and fee negotiations.

Appreciation

This legislative initiative is to be welcomed, as a permanent federal statutory framework is more reliable than temporary schemes. The phased introduction of new obligations gives organisations the opportunity to calculate the additional workload and put the necessary structures in place.

Nevertheless, a number of issues remain unresolved. For instance, the cost estimate for the additional staffing requirements relating solely to the planning and monitoring of the funding programme is around 754 million euros per year. It takes into account only schemes with specific targets and can only reflect demographic trends and wage developments to a limited extent. Furthermore, new staff must first be recruited; whether sufficient numbers are available remains uncertain. The extent to which the obligation to take „appropriate measures“ applies to independent providers, as well as the consequent risk for such providers of losing their funding, is likely to raise questions during funding decisions and remuneration negotiations. The fact that the funding scheme will end without replacement in 2034 will lead to underfunding in the foreseeable future.

Whether the law will have the desired effect depends above all on whether the federal states make swift and uniform use of the scope afforded by their own legislation, and on whether funding for its implementation at local level is secured. Changes to the parliamentary procedure are possible; the Bundesrat’s opinion remains to be seen.