Access

Place guarantee to ECEC

Child care

Accessibility and place guarantee

In Flanders, there is no legal right to childcare or a guarantee of a place, but formal childcare is obliged to open up the services to all children. As long as the offer is not sufficient, the Flemish government determines which groups can make use of the offer as a matter of priority, depending on accessibility. The organisers who commit themselves to respecting these priority rules receive subsidies for this.

Formal childcare does not combat disadvantage but makes the difference through progressive universalism. This means that extra attention is paid to vulnerable families within a universal offer. This means, among other things, that formal child care aimed at vulnerable families is strengthened in terms of content and funding and that the development of formal child care for children with specific care needs is stimulated.

The agency Growing up is responsible for the balanced distribution (programming) of the financial resources made available by the Flemish Government for the creation of new childcare places and for the preservation of existing childcare places. All this is done on the basis of objective parameters and conditions with which childcare locations must comply.

Formal childcare of babies and toddlers

By formal childcare of babies and toddlers we mean raising them professionally and for a fee, contributing to their development and taking care of them until they go to kindergarten. At the end of 2019, there were a total of 95,027 places in Flanders for the care of babies and toddlers. 75.8% of these places are places where parents pay a contribution according to their income for the care of their baby or toddler.

Number of care locations and shelters for babies and toddlers in Flanders in 2019

(Source: Website Child and Family (https://www.kindengezin.be/kinderopvang/cijfers-en-beleid/cijfers)

Formal childcare for primary school children

Care for schoolchildren is understood to mean the professional and remunerated care outside school hours or during school holidays of children who attend primary school either part-time or full-time. The activities of youth work and sports services are not covered by this definition. At the end of 2019, there were a total of 46,485 places for the care of primary school children. Only about 700 of these are offered in family care.

Source: Child and Family (https://www.kindengezin.be/kinderopvang/cijfers-en-beleid/cijfers/)

In some childcare facilities for schoolchildren, parents pay an income rate (price based on their income), in others a fixed price. Elsewhere, they pay a price between a legal minimum and a maximum, but the majority of places for the care of schoolchildren are not income-related. On 3 May 2019, the new decree on the organisation of extracurricular care and the coordination of extracurricular activities was approved in the Flemish Parliament. This decree will enter into force on 1 January 2021. A transition period of 6 years is foreseen. This decree calls for special attention to be paid to nurseries, vulnerable families, children with specific care needs and the multifunctional use of infrastructure.

Pre-primary education

Accessibility and place guarantee

Schools in Flanders are fairly evenly spread across the territory. The Constitution not only guarantees parents freedom of choice of school, but also the right to choose between a neutral official school or a free school. In the event that there is no official or free education available in ordinary primary education within a distance of 4 km from the pupil's place of residence, the government can intervene in the costs of transport. If the parents of at least 16 pupils request this, the government can include a new school of the parents' choice of life in the funding or subsidy scheme. The recent demographic evolution has created capacity problems in a large number of cities and municipalities (e.g. around Brussels). As a result, the conditions for establishing new schools have been eased. At the same time, extra teaching hours were granted to schools in some municipalities with capacity problems.

Affordability

Childcare

Formal childcare of babies and toddlers

Grant system

The subsidy system for the formal care of babies and toddlers works like a staircase starting from step 0. More subsidies can be obtained per step, but there are also more conditions that have to be met.

The childcare of babies and toddlers with a permit but without any subsidy (step 0) or with only a basic subsidy (step 1) is free to determine the price that families have to pay for the care of their baby or toddler. Families pay a price that is not related to their income.

In the care locations that receive an income subsidy (step 2) or a plus subsidy (step 3) on top of the basic subsidy, families can pay a price according to their income for the careof their baby or toddler. In 2019, the minimum rate was 5.24 euro/day and the maximum rate was 29.09 euro/day. In specific situations, parents can apply for an individual reduced rate.

The care locations with an income rate subsidy or plus subsidy is obliged to respect a number of priority rules:

1. Care with subsidised income rate (stage 2): give absolute priority to children from families for whom care is necessary within the framework of the work situation (keeping a job, looking for a job or following vocational training for this purpose), but also to children from single-parent families, from low-income families and to foster children.
2. Care with a plus subsidy (step 3): implement a proactive chilcare policy to give vulnerable families a place to stay, adapt the workings to vulnerable families and build up and disseminate expertise on the respectful treatment of vulnerable families. Furthermore, the chilcare facilities on stage 3 should also make an effort to recruit staff from vulnerable groups.

Subject to certain conditions, additional grants may be awarded.

• for inclusive care of children with specific care needs,
• for urgent care (only for group care with an income subsidy). This is an additional subsidy to keep a place free for a family that needs a care place within a month for the following reasons:
  • The parent does not work, suddenly finds work and has no shelter within the family or informal network.
  • The parent does not work, suddenly starts an education and has no care possibilities within the family or informal network.
  • There is an acute crisis in the family which makes it necessary for the child to go to child care.
  • The family can no longer make use of previous care facilities without their consent.
• for childcare at wider opening times (only for group care with a basic subsidy). This is an additional subsidy for childcare at atypical opening times (This is an opening time of at least 1 hour in addition to the obligatory opening time of 11 hours, and this before 7 a.m. or after 6 p.m.; at least one full hour on a weekend day; at least one full hour on a public holiday.
• for flexible opening hours:
  • an opening time of at least 30 minutes before 7 a.m.
  • at least 30 minutes after 18 hours
  • on a weekend day
  • on a public holiday
  • on one or more days in addition to the 220 opening days minimum required for a basic grant

Formal childcare of primary school children

On 3 May 2019, the new decree on the organisation of extracurricular childcare and the coordination of extracurricular activities was approved in the Flemish Parliament.

With this decree, the Flemish government aims at an integrated offer of extracurricular activities for all children and families. This means that all local players, whether they are organised through Education, Welfare, Culture or Youth and Sport, work together as well as possible. The local government is in charge and, together with the various partners, draws up a local extracurricular policy.

An integrated offer of extracurricular activities for children has the aim to:

1. offer children development opportunities and play opportunities outside school hours;
2. allow parents to participate in the labour market, to follow (vocational) training and/or to participate in activities that contribute to their personal development;
3. promote social cohesion and equal opportunities

The main points of the Decree are as follows:

• Local government takes control and draws up a local policy on extracurricular childcare and activities, abbreviated to BOA. This is written down in the multi-year planning. Local government decides on the use of the available financial, human and infrastructural resources. Local government does this in a transparent and neutral manner.
• Local government will not do this alone. It will be advised by a local partnership, which will monitor and ensure that the objectives of the decree are actually achieved. The local partnership may consist of various local players relevant to extracurricular care and activities: extracurricular (pre-primary) care, education, culture, youth, sport, parents, children and other initiatives. The local partnership is responsible for the development of an integrated vision and joint objectives and for the coordination of actions.
• The Flemish government, in consultation with relevant actors, provides an inspirational framework for an integrated range of extracurricular activities and Growing up awards a quality label for the care of the youngest children (pre-school age).
• Within a transitional period, we are moving towards financing or subsidising local government, based on a fixed amount per child (with a social correction), for the provision of extracurricular care.

The decree will enter into force on 01.01.2021. A transitional period of 6 years is foreseen.

Until then, the situation is as follows:

Every family and group childcare centre for schoolchildren must apply for a permit , accreditation or a certificate of supervision from Growing up. Licensed group or family care can choose to take care of exclusively school children or a mix of babies, toddlers and school children. Group childcare with an accreditation or a certificate of supervision can only take care of school children.

As soon as a care centre has a permit, accreditation or certificate of supervision, Growing up will regularly evaluate whether the legal conditions are still being met. To this end, Growing up relies on the findings of the Care Inspectorate Agency, which will carry out on-site inspections (see also section 'Competent authorities').

The care of schoolchildren with a certificate of supervision or recognition is generally free to determine the price to be paid by families for the care of their schoolchild from primary school . The price is linked to the length of stay. The minima and maxima per length of stay and per moment of care (before school, after school, on Wednesday afternoons and on school holidays) are set by law.

The organiser of childcare for schoolchildren can apply a social rate if the financial situation of the families gives reason to do so. This social rate is a maximum of 50% of the price initially set by the organiser. In very exceptional cases, if the situation of the family gives cause to do so, the organiser may allow care free of charge. In addition to the care of schoolchildren with an accreditation or a certificate of supervision, there is also the purely reported care. This concerns the professional childcare, for a fee, of primary school children for whom no permit, accreditation or certificate of supervision was applied for when growing up. This care is subject to an obligation to report, but no further legal conditions are imposed. This means that Growing up will not have this care checked unless a complaint is made or something serious happens. The Care Inspectorate then checks under which circumstances the children are being looked after and whether this care situation is acceptable.

Grant system

In order to obtain a subsidy, a formal care location for primary school children must meet specific conditions. These conditions vary according to the type of care and the type of subsidy. The care of schoolchildren is financed by agencies other than Growing up.

A care location may receive additional subsidies for a number of specific assignments. In order to be eligible, specific conditions must be met. Examples of possible additional subsidies are

• subsidies for the inclusive care of schoolchildren with special care needs
• subsidies for flexible care (e.g. opening for more than 11 hours between 6 a.m. and 8 p.m.) or occasional care. This is the care of a child for a maximum period of six months regardless of the intensity of use, for one of the following reasons:
  • the parent does not work and starts training;
  • the parent does not work and suddenly finds work;
  • the parent takes part in a job interview;
  • there is an acute crisis situation in the family;
  • the family needs a short reduction in the load-bearing capacity of the family;
  • for social or pedagogical reasons, childcare and supervision outside the child's own family is desirable during the day.
• Subsidies for the care of children from disadvantaged areas. This is granted on condition that at least 33% of registered children have their main residence in a disadvantaged area in Flanders or in the bilingual region of Brussels-Capital.

Pre-primary education

Enrolling your child in primary education is free, both in kindergarten and primary school. The school is not allowed to charge any enrolment fee. The materials and activities that are strictly necessary for the attainment targets and development goals are also free of charge. The school cannot charge a contribution for this. There is an official list of free materials. Swimming lessons are free of charge during 1 school year in primary education (to reach the final attainment level). Schools often use more materials and offer more activities than strictly necessary for the attainment targets and development goals. These are things that make learning more fascinating. Schools can also offer other services. For these expenses, the school can ask the parents for a contribution. There are rules for this. The rules differ according to the nature of the expenses: the maximum invoice and the contribution list.

Sharp maximum invoice

The materials and activities that fall under the maximum invoice are the following:

• Activities during school hours which are not strictly necessary for the final objectives and development goals: theatre visits, day trips, sports activities, swimming lessons (except for 1 school year free swimming), etc.
• Materials that are not strictly necessary for the attainment targets and development goals.

The school can charge you a maximum amount per school year for such costs. This maximum amount is the 'sharp maximum invoice'. The amount is indexed annually.

Indexed amounts of the maximum sharp bill

Level Indexed amount sharp maximum invoice Toddlers 45 euro Primary education 90 euros

Less sharp maximum invoice

Many schools organise trips lasting several days, such as sea, forest or rural classes that are partly inside and outside school hours. Children are not obliged to participate, but if a child participates, the school can ask a contribution for it. There is a maximum amount: the 'less sharp maximum invoice'. Multi-day trips that take place completely outside school hours, such as a holiday trip, are not covered by the maximum invoice.

In pre-primary education, there is no less sharp maximum invoice. The school is not allowed to charge parents of toddlers for multi-day trips. This does not mean that schools are not allowed to take their toddlers on multi-day trips. In practice, very few schools do this. Schools can also offer other services and products such as extracurricular childcare, afternoon supervision, meals, drinks, school bus, sports activities or French lessons after school ... These are things you can choose to use or not. Contributions for this type of expenditure fall outside the system of the maximum invoice.

So there is no maximum amount, but for this type of parental contribution, too, the school is bound by agreements: it has to work out a contribution scheme and draw up a contribution list.

The contribution list

The contribution list lists the different categories of costs that the school can pass on to parents. For each category, it also states the maximum amount to be expected, insofar as an estimate is possible. In case of major changes, the school adapts the contribution list. The school also states how it collects the contributions from the parents: a payment every 3 months, a monthly invoice,... The school can decide for itself how it does this, but it cannot ask for the total amount to be paid at once. It has to provide at least 3 payment moments (spread over the school year).