Place guarantee to ECEC

Non-school childcare services

Since 1991, in accordance with the United Nations Convention on the Rights of the Child and the Charter of Infancy, a child’s access to childcare services has been recognised as one of their rights, regardless of their parents’ income or employment. However, there is no legal guarantee of a place in a non-school childcare setting. Nevertheless, since 2004, through the various ‘stork’ (cigogne) plans implemented by the government of the French Community, the overall coverage rate of childcare for children under the age of 2.5 years has increased significantly, reaching 38.1 % in 2023.

Source: ONE, Rapport d’activités ONE en chiffres, 2024, ONE, Brussels, 2024.

A variety of collective and individual childcare settings enables access even in rural areas. However, there are differences between the subregions, and the subsidised provision by the French Community is not always sufficient to meet demand.
Parents have a free choice regarding the childcare setting attended by their child, provided there is a place available.

As stipulated in the Decree of 2 May 2019 (Article 51(3), Article 52), ‘the organising authority shall decide, in chronological order, monthly and simultaneously on all applications for childcare confirmed by the parent(s) in the previous month. 
In accordance with the arrangements laid down by the Birth and Childhood Office (Office de la Naissance et de l’Enfance (ONE)), the organising authority may give priority to confirmed applications for childcare : 
1.    which relate to specific childcare needs ;
2.    emanating from parents faced with the unpredictable closure of the childcare setting where their child was accommodated ; 
3.    emanating from parents, at least one of whom lives, works, undergoes training in the territory of the municipality concerned when the organising authority is a local authority ; 
4.    emanating from parents, at least one of whom is a member of the staff of an employer who is part of the organising authority ; 
5.    emanating from parents, at least one of whom is a member of the staff of a company established in an area of economic activity in which the childcare setting is located and which is part of the organising authority ; 
6.    emanating from parents at least one of whom is a regular commuter when the childcare setting has been created in or in the immediate proximity of a mobility site and is the subject of a cooperation agreement with at least one public transport company ; 
7.    emanating from parents who undertake to take an active part in the care of children in a crèche if the care project expressly provides for such participation ;
8.    No other priority criteria may be established by the organising authority of the childcare setting. 
The organising authority shall indicate in its childcare contract any priority criteria, how they are to be applied and whether the minimum attendance requirement is to be applied. »

Pre-primary education

Right to schooling / education

The right to education is a fundamental right enshrined not only in the Belgian Constitution (Article 24) but also in various international texts. Thus, the United Nations Convention on the Rights of the Child of 20 November 1989, ratified by Belgium in 1991, provides, in Article 28, that states must recognise the right of the child to education. One of the principles of this right is free access to education (i.e. without paying school fees), which is guaranteed by the Belgian Constitution for pre-primary, primary and secondary education.
From the age of 2.5 years, children are legally entitled to 23 hours per week (28 periods of 50 minutes) of pre-primary education in a pre-primary school free of charge. The rules of access to pre-primary school from the age of 2.5 years are specified in the decree of 13 July 1998 pertaining to primary education.

Compulsory education

In Belgium, compulsory schooling applies to all minors of school age who are domiciled or resident in the Belgian territory, regardless of their residence status.
Minors are subject to compulsory schooling starting in the school year in which they reach the age of 5 years. This includes the final year of pre-primary education (ISCED level 020).
Parents have a free choice regarding the school attended by their child. If there are no remaining places at their desired school, they are invited to choose another one.

Affordability

Non-school childcare services

The 2019 reforms aim to reinforce the accessibility of childcare settings to families, particularly the most vulnerable. Articles 87–89 of the decree of 2 May 2019 introduced a level 2 accessibility subsidy (if priority enrolment covers 20–50 % of the available places), a level 3 reinforced social accessibility subsidy (if priority enrolment covers 50–80 % of the available places) and a level 3 accessible crèche hours subsidy, with the aim of taking into account needs linked to social priorities. These measures are currently being implemented; the extent to which they can be applied will depend on the resources that can be allocated.
The Birth and Childhood Office (Office de la Naissance et de l’Enfance (ONE)) of the French Community subsidises a large part of childcare services (around 71 % of available places).

Source: ONE, ONE en chiffres – Rapport d’activités, ONE, Brussels, 2019, pp. 28–43.

The financial contribution of families in subsidised  childcare settings is calculated according to the income of the family, in accordance with the rules defined in the decree of 2 May 2019, which established the authorisation and subsidy process for crèches, childcare services and independent childminders, generally based on a monthly flat rate.

In non-subsidised childcare centres, prices are set by agreement between the childcare centre and the parents.

Financial support is available for families using childcare, including tax deductions.

Pre-primary education

From the age of 2.5 years, children are legally entitled to pre-primary education free of charge.

To help to ensure affordability, pre-primary and primary schools provide children from the 1st year in pre-primary education to the 6th year of primary education with the school supplies, thanks to the subsidies they receive.

The term ‘school supplies’ refers to all materials necessary for acquiring the knowledge, skills and competences defined in the initial skills reference framework and in the core curriculum reference frameworks.
Consequently, no list of compulsory materials may be sent to parents for their children's education. Schools are responsible for providing, free of charge, the materials requested by teachers for their lessons.

Operating grants and subsidies may also cover school expenses related to the organisation of educational activities or educational trips involving overnight stays for pupils.

Only the following three types of fees may be charged to parents :
•    access to a swimming pool and related travel ;
•    access fees for cultural and sporting activities that are part of an educational project or a school project and related travel (maximum EUR 45 per child per school year) ;
•    expenses related to educational trips with an overnight stay organised by the school and forming part of an educational project or a school project and related travel (maximum EUR 100 per child for the total duration of pre-primary school).

Costs related to meals and other services (daycare centres etc.) are not considered school costs, in that they concern activities carried out outside school time and are not related to school learning. They fall outside the scope of the regulatory authority and are managed by each organising authority in an autonomous manner.