Alusharidusseadus (AHS)

§ 1. Scope of regulation and purpose

(1) This Act establishes the principles for the organisation of early childhood education, the rights and obligations of persons in ensuring the availability of early childhood education and supporting the acquisition of early childhood education, and the bases for the activities, financing and supervision of municipal and private preschools (hereinafter jointly as preschool) and municipal and private childcare institutions (hereinafter jointly as childcare institution).

(2) The goal of this Act is to support the development of and acquisition of early childhood education by children up to the age of seven.

§ 2. Scope of application

(1) The rights and obligations provided in this Act apply to preschools and childcare institutions, regardless of their form of ownership, taking account of the specifications provided in this Act.

(2) A preschool and a general education school provided in the Basic Schools and Upper Secondary Schools Act may operate as one institution. In the case of a preschool and a basic school operating as one institution, the provisions of this Act apply to the preschool part and the provisions of the Basic Schools and Upper Secondary Schools Act apply to the basic school part. The head of a preschool and a basic school operating as one institution has the competence conferred by this Act and the Basic Schools and Upper Secondary Schools Act.

(3) This Act applies to private preschools and private general education schools operating as one institution, in so far as the Private Schools Act does not provide otherwise.

(4) The provisions of the Administrative Procedure Act apply to the administrative proceedings prescribed in this Act, taking account of the specifications provided in this Act.

§ 3. Childcare institutions and preschools

(1) A childcare institution is an educational institution that enables the acquisition of early childhood education on the basis of the national curriculum for early childhood education, where children up to the age of seven are cared for in a safe, age-appropriate, playful and stimulating environment for learning and developing, and where the development of their general skills is supported. In childcare institutions, the development of children up to the age of three is promoted by creating prerequisites for the acquisition of early childhood education in a preschool, and the development of children aged three to seven is promoted by supporting families in creating prerequisites for the acquisition of basic education and successful advancement in everyday life.

(2) A preschool is an educational institution that enables the acquisition of early childhood education on the basis of the national curriculum for early childhood education, where the development of general skills and the formation of knowledge, skills and attitudes that create the prerequisites for the acquisition of basic education and for successful advancement in everyday life are supported in a safe, age-appropriate, playful and stimulating environment for learning and developing for children aged three to seven.

(3) A preschool can operate as:

1) a preschool;

2) a preschool with a childcare group or groups.

(4) In the case of a preschool specified in clause 2 of subsection 3 of this section, the provisions of this Act concerning childcare institutions apply to the childcare part and the provisions of this Act concerning preschools apply to the preschool part, taking account of the specifications provided in this Act.

(5) The owner of a municipal preschool and the owner of a private preschool (hereinafter jointly as preschool owner), the owner of a municipal childcare institution or the owner of a private childcare institution (hereinafter jointly as childcare owner), the preschool, the childcare institution and the parent or guardian of the child (hereinafter parent) are jointly responsible for meeting the goal of this Act.

§ 4. Requirements for environments for learning and developing

The requirements for an environment for learning and developing in a childcare institution and a preschool to support a child’s development, protect their health and create the conditions necessary for secure and safe teaching and education are established by a regulation of the Government of the Republic.

§ 5. Availability of early childhood education

(1) A local authority ensures that all children aged between one and a half and three years, whose place of residence is within its territory and whose parent has expressed a wish to use a childcare place, have the opportunity to attend a childcare institution in its territory, and all children aged three to seven, whose place of residence is within its territory and whose parent has expressed a wish to use a preschool place, have the opportunity to attend a preschool in its territory. In addition to its own territory, a local authority may provide childcare and preschool places in the territory of another local authority provided that the local authorities have agreed to this in an administrative contract.

(2) For the purposes of this Act, a child’s place of residence is considered the place of residence entered in the population register of Estonia. A child whose place of residence cannot be registered in the Estonian population register in the local authority in whose territory the child actually resides is considered a resident of the local authority of their actual place of residence.

(3) For the purposes of this Act, the place of residence of a child under alternative care is deemed to be the place of residence of the foster family or the site of the family house or the substitute home.

(4) Where the start of a child’s compulsory education has been postponed by one academic year on the recommendation of a preschool or an external advisory team specified in subsection 4 § 10¹ of the Republic of Estonia Education Act, the local authority ensures that the child has the opportunity to attend the same preschool during this period at the request of their parent.

(5) A local authority may provide a childcare place in a municipal or a private childcare institution or in a childcare group of a municipal or a private preschool, and a preschool place in a municipal or a private preschool. In order to provide a child with a childcare place and a preschool place, a local authority may issue an administrative act or enter into an administrative contract in accordance with the rules provided in the Administrative Co-operation Act. The provisions of § 13 of the Administrative Co-operation Act do not apply where an administrative contract is entered into with a private childcare owner and a private preschool owner and another local authority.

(6) A local authority will make available to a parent information about places in childcare institutions and preschools offered by the local authority.

(7) A childcare owner establishes a procedure for admission to and exclusion from their childcare institution, taking account of the specifications provided by this Act. The procedure is disclosed on the website of the childcare institution. A preschool owner establishes a procedure for admission to and exclusion from their preschool, taking account of the specifications provided by this Act. The procedure is disclosed on the website of the preschool.

(8) A childcare institution or a childcare owner and a preschool or a preschool owner enter data on children attending their childcare institution and preschool in the Estonian Education Information System (hereinafter education information system).

§ 6. Applying for childcare places and preschool places from local authorities

(1) In order to obtain a childcare place for a child aged between one and a half and three years and a preschool place for a child aged three to seven, a parent submits an application to a local authority. The application specifies the desired start date for using the place and the desired childcare institution or preschool specifying the site. The parent has the right to express several preferences and the local authority must take them into account.

(2) Where there are no places available in the childcare institution or preschool indicated in the application at the start date requested by a parent, a local authority will give priority to the proximity of a childcare institution or preschool to the place of residence of the child when deciding whether to admit the child to a childcare institution or preschool.

(3) A local authority reviews a parent’s application and makes a decision on admitting a child to a childcare institution or a preschool not later than two months before the start date for the use of the place as indicated in the application, unless the parent has submitted the application less than two months before the desired starting date of use of the place. Where a parent has submitted an application less than two months before the desired start date, the local authority reviews the parent’s application and makes a decision on admitting the child to a childcare institution or a preschool not later than within two months of the submission of the application.

§ 7. Curriculum

(1) The national curriculum for early childhood education, which prescribes the standard for early childhood education, is established by a regulation of the minister in charge of the policy sector.

(2) The national curriculum for early childhood education specified in subsection 1 of this section provides the following:

1) the principles for the preparation of a curriculum for a childcare institution and a preschool;

2) the core values of early childhood education;

3) the organisation, goals and principles of teaching and education;

4) the concept of learning and the principles for designing an environment for learning and developing;

5) the expected general skills of a child aged three and a child aged six to seven;

6) the principles of teaching and education in different subject fields and the expected developmental outcomes of a child aged six to seven;

7) the principles for assessing and supporting the development of a child.

(3) Teaching and education in a preschool may be carried out under the curriculum of the International Baccalaureate Organization and under a curriculum drawn up on the basis of the Convention defining the Statute of the European Schools in accordance with the rules provided in § 16 of the Basic Schools and Upper Secondary Schools Act.

(4) On the basis of the national curriculum for early childhood education, a preschool prepares a curriculum to support children’s development and the acquisition of early childhood education. A preschool is guided by the preschool’s curriculum in the organisation and conduct of teaching and education.

(5) The head of a preschool prepares the preschool’s curriculum and any amendments thereto in co-operation with the employees involved in teaching and education and approves them after hearing the opinion of the board of trustees. A preschool’s curriculum is disclosed on the website of the preschool.

(6) A preschool enters into the education information system the readiness for school card of a child who has completed the national curriculum for early childhood education, which is prepared on the basis of the curriculum specified in subsection 1 of this section.

§ 8. Language of teaching and education

(1) Teaching and education in municipal preschools takes place in the Estonian language.

(2) Estonian sign language and signed Estonian language may be used in addition to Estonian language in teaching and education related to a child who is deaf or has decrease of auditory ability.

(3) In addition to Estonian language or instead thereof a different language may be used in teaching and education related to a child with special educational needs, where the external advisory team specified in § 47 of the Basic Schools and Upper Secondary Schools Act has, upon making a recommendation for the implementation of enhanced support or special support for the child, found that teaching and education in the Estonian language is not feasible for the child due to the unique characteristics of the child’s development.

(4) A private preschool determines the language of instruction in its articles of association. In a private preschool where teaching and education are not conducted in Estonian, Estonian language learning is ensured under the national curriculum for early childhood education, except in a private preschool operating under the curriculum of the International Baccalaureate Organization and a curriculum drawn up on the basis of the Convention defining the Statute of the European Schools.

§ 9. Academic year

The academic year starts on 1 September and lasts until 31 August.

§ 10. Bases for group formation

(1) The head of the preschool forms preschool groups taking into account the needs and well-being of each child.

(2) The maximum number of children per preschool group is 20.

(3) In a preschool with a childcare group, the head of school may form a mixed group consisting of childcare children aged one and a half to three years and preschool children aged three to seven. A mixed group can have up to 18 children.

(4) In a group with a child receiving enhanced support or special support, the maximum number of children is lower than in other groups, taking into account that one child with special educational needs is equivalent to three places.

(5) Smaller groups may be formed in preschools to support the well-being and development of children. The formation of an appropriately sized group for a child with special educational needs will be based on a recommendation of an external advisory team or, in the case provided in subsection 1 of § 14 of this Act, the assessment of a specialist doctor regarding a health condition that requires daily or round-the-clock personal assistance, or on a decision determining the degree of severity of disability.

(6) In exceptional cases and upon the proposal of the head of school, subject to the opinion of the board of trustees, a preschool owner may increase the maximum group size provided in subsection 2 of this section by up to four children and the maximum group size provided in subsection 3 by up to two children.

(7) The decision to increase the maximum group size is made on a group-by-group basis, taking into account the needs and well-being of each child.

§ 11. Work organisation in groups

(1) Each preschool group has at least one full-time teacher, and throughout the group’s working time a teacher or assistant teacher is present for up to ten children. A mixed group has at least one full-time teacher, and a teacher, assistant teacher or a childminder is present throughout the working time of the group for up to nine children.

(2) In a group where the maximum group size provided in subsection 2 of § 10 of this Act has been increased, a teacher or assistant teacher is present throughout the working time of the group for up to 12 children. In a group where the maximum group size provided in subsection 3 of § 10 has been increased, a teacher or assistant teacher is present throughout the working time of the group for up to ten children.

§ 12. Supporting children’s development

(1) Preschools organise teaching and education according to the principles of inclusive education, which means that children spend most of their time participating in teaching and education with all the other children and under the instruction of their teacher. Based on a child’s individual needs, the child will be provided with the appropriate teaching and the necessary support in co-operation with teachers, support specialists, assistant teachers and other specialists.

(2) A preschool owner creates opportunities for ensuring support services, and the head of school organises the provision of such services. Duties related to the organisation of support services assigned to local authorities on the basis of other legislation are performed in a manner that ensures the acquisition of early childhood education while taking into account the individual needs and abilities of each child.

(3) To support a child’s development, the head of school appoints a coordinator of support services, whose duty is to organise internal teamwork required to support teaching and development, and to coordinate participation in external networking. A preschool owner may appoint the head of school as a coordinator of support services.

(4) A coordinator of support services supports and instructs teachers in planning initial support for a child, advises parents and makes proposals to teachers and the head of school for further educational work, for implementing measures provided by the preschool to support the child’s development or for carrying out additional surveys and supporting transition to basic school.

(5) Teachers monitor and assess children’s development and performance in a preschool and adapt teaching and education to the individual needs and abilities of each child. A child’s development is assessed and supported on the basis of the principles provided in the national curriculum for early childhood education.

(6) Where necessary, a child is provided with the service of a special education teacher, a speech therapist or other support specialist (hereinafter support specialists) corresponding to the description of the services of support specialists and the procedure for the implementation of the service established on the basis of subsection 3 of § 37 of the Basic Schools and Upper Secondary Schools Act.

(7) Where it becomes evident that a child is gifted, teachers or other specialists will give them additional instruction in the preschool where necessary.

(8) A preschool enters into the education information system data about the support service provided and service provider. The local authority of a child’s place of residence has the right to process data from the education information system to ensure the necessary support services for the child and family.

§ 13. Identifying and implementing support needed by children

(1) A child has the right to receive support that meets their needs from the moment those needs are identified. Needs are identified when a preschool receives relevant objective data or a recommendation by an external advisory team. In determining and ensuring the necessary support for a child, a preschool creates the prerequisites for co-operation with their parent.

(2) Where it becomes evident that a child needs support, a preschool arranges a pedagogical-psychological evaluation of the child. Where necessary, co-operation with specialists of other fields is pursued and additional surveys are recommended.

(3) A preschool provides general support to a child who has difficulties adapting or lags behind in achieving the expected developmental outcomes; such support consists of individual additional instruction by a teacher, the service of a support specialist, and, where necessary, individual instruction or instruction in a subgroup.

(4) The results of the evaluation, tests and surveys specified in subsections 2 and 3 of this section, also the teachers’ observations, the implemented support measures and assessment of their effectiveness, are indicated in the map of observation of a child’s individual development.

(5) Where necessary, a group teacher, in co-operation with an assistant teacher, a support specialist and a parent, prepares an individual development plan for a child on the basis of the national curriculum for early childhood education.

(6) Where the general support provided by a preschool does not yield the desired results for a child’s development, a coordinator of support services will propose that their parents consult an external advisory team to determine the need for enhanced support or special support.

(7) An external advisory team provides recommendations for supporting a child’s development and organising teaching and education in accordance with the procedure established on the basis of section 4 of § 47 of the Basic Schools and Upper Secondary Schools Act.

(8) A recommendation of an external advisory team is entered into the education information system after a parent has consented to its implementation. The consent is submitted in a form reproducible in writing.

§ 14. Implementation of enhanced support or special support

(1) A preschool will implement enhanced support or special support on the recommendation of an external advisory team and with the consent of a parent. A recommendation of an external advisory team is not required for the implementation of enhanced support or special support where a child has been diagnosed with a health condition that requires daily or round-the-clock personal assistance or where they have been identified as having a disability with an established degree of severity. A child who receives enhanced support or special support is considered a child with special educational needs.

(2) Enhanced support is implemented for a child who, due to the unique characteristics of their development, needs:

1) at least one support specialist service;

2) specific organisation of teaching and education, a specific environment, methodology or specific tools, and

3) individual additional support in a group or teaching in groups of up to 12 children.

(3) Special support is implemented for a child who, due to the unique characteristics of their development, needs:

1) several support specialist services;

2) adjustments in several areas specified in clause 2 of subsection 2 of this section, and

3) continuous individual additional support in a group or teaching in groups of up to six children.

(4) The results of the evaluation, tests and surveys of a child with special educational needs, also the teachers’ observations, recommendations from support specialists and an external advisory team, adjustments to teaching, implemented support measures and an assessment of their effectiveness, are indicated in the map of observation of a child’s individual development.

(5) At least once per academic year and where the time limit of implementation of the support prescribed by an external advisory team is about to expire, a coordinator of support services assesses, in co-operation with the teachers and support specialists, the impact of implementation of the recommended support and makes proposals to the head of school for further steps.

(6) In order to implement enhanced support and special support, a preschool has the right to process, within the scope and to the extent that is necessary, data entered into the education information system by another preschool and an external advisory team regarding a recommendation of the external advisory team and the support measures implemented for a child receiving support.

§ 15. Exclusion of children from preschools

(1) A child is excluded from a preschool:

1) if a parent has submitted a corresponding request to the preschool;

2) if the child commences their compulsory education;

3) if there are no data on residence in Estonia of the child, unless the preschool is aware that the child is staying in Estonia and their parent has provided the preschool with confirmation that they wish to continue using the preschool place;

4) upon the death of the child.

(2) In addition to the grounds for exclusion provided in subsection 1 of this section, a private preschool has the right to exclude a child from the preschool due to long-term arrears with attendance fees.

(3) The head of school makes the decisions to exclude a child from a preschool, taking into account the provisions of this section.

§ 16. Organisation of activities of preschools

(1) The activities of a preschool can be organised in a municipal or a private preschool. A municipal preschool owner is a local authority, and a private preschool owner is a private legal person. A preschool is established by a decision of the preschool owner.

(2) A preschool has statutes or articles of association that provide at least the registered office and sites, name, structure and language or languages of instruction of the preschool. The statutes or articles of association of a preschool are established and amended in accordance with the procedure established by the preschool owner.

(3) The right to organise the activities of a private preschool and provide early childhood education is granted by an activity licence in accordance with the rules provided in this Act.

(4) By decision of a preschool owner, a preschool may operate as one institution in several sites. In such an event, its activities in all sites must comply with the requirements provided in this Act.

§ 17. Reorganisation of preschools

(1) A preschool is reorganised on the basis of a decision made by the preschool owner. A decision to reorganise a preschool is made taking into account that the Ministry of Education and Research, the preschool and parents must be notified of this not later than five months before the start of the academic year.

(2) A preschool is reorganised as follows:

1) preschools are united into one preschool, for which the preschools to be united are closed and a new preschool is formed on the basis thereof;

2) a preschool is joined to another preschool and the preschool joining the other preschool is closed;

3) a preschool is divided into at least two preschools and the preschool being divided is closed;

4) a preschool is separated from another preschool, a new preschool is established as a result and the initial preschool continues to operate.

(3) In the events provided in clauses 1, 3 and 4 of subsection 2 of this section, an activity licence is applied for a new private preschool established as a result of reorganisation.

(4) The provisions of the Basic Schools and Upper Secondary Schools Act apply to the reorganisation, transfer of management of school and closure of a preschool and general education school operating as one institution.

§ 18. Rules of procedure of preschools

(1) The head of school draws up the rules of procedure in co-operation with the employees. The rules of procedure provide the procedure for preventing and responding to situations that threaten the mental and physical security of children and preschool employees, as well as for reporting and resolving any such incidents.

(2) The rules of procedure are established by the head of school after hearing the opinion of the board of trustees. The rules of procedure of a preschool are binding on children, parents and preschool employees, and are disclosed on the website of the preschool.

(3) For the purpose of preventing and responding to situations that threaten the security of children and preschool employees and to protect its assets and property, a preschool may use surveillance equipment in the territory of the preschool that transmits and records images. The preschool keeps the recording for up to one month as of the date of recording. Where there is reason to believe that an offence has been captured on the recording, the preschool forwards the recording to the police as soon as possible.

(4) The procedure for use of surveillance equipment is provided in the rules of procedure of a preschool.

§ 19. Preschool’s development plan and internal evaluation

(1) To ensure the continuous development of a preschool, the head of school prepares a development plan for the preschool in co-operation with the employees, the preschool owner and the board of trustees. The development plan covers at least three years. The strengths and areas for improvement identified in internal evaluations and the results of risk analyses are taken into account when preparing the development plan.

(2) The head of school conducts internal evaluations of the preschool in co-operation with its employees. Internal evaluation is an ongoing process that aims to ensure conditions conducive to children’s development, as well as the consistent development of the preschool. The internal evaluation procedure is established by the head of school after hearing the opinion of the board of trustees.

(3) A preschool owner approves their preschool’s development plan and creates opportunities to meet the goals of the plan. The head of the preschool is responsible for implementing the development plan.

(4) A preschool’s development plan is disclosed on the website of the preschool.

§ 20. Requirements for local authorities and preschools they manage

(1) A local authority ensures that a preschool it manages complies with all the requirements for municipal preschools provided in this Act and in legislation established on the basis thereof.

(2) A local authority closes a municipal preschool at the request of the Ministry of Education and Research if:

1) administrative supervision reveals that the activities of the preschool or local authority are in conflict with this Act or other legislation, and the preschool and local authority have not complied with the precepts of an administrative supervisory body by the prescribed deadline and pursuant to the prescribed procedure;

2) the local authority fails to comply with a precept issued by a national regulatory enforcement body by the prescribed deadline and pursuant to the prescribed procedure;

3) the preschool has not commenced activities within one year after the notification provided in § 21 of this Act or has suspended its activities for longer than one academic year.

§ 21. Notification of Ministry of Education and Research and parents

(1) A local authority notifies the Ministry of Education and Research of its decision to establish a municipal preschool not later than five months before the start of teaching and education, and of its decision to suspend the activities of their municipal preschool or close it not later than five months before such suspension or closure.

(2) A local authority notifies the Ministry of Education and Research of changes to the site of a municipal preschool not later than two months before the change takes place.

(3) A local authority notifies parents of the decision to close or suspend the activities of a municipal preschool in a form reproducible in writing not later than five months before such closure or suspension.

(4) The Ministry of Education and Research enters into the education information system the decisions specified in subsections 1 and 2 of this section.

§ 22. Application for activity licences

(1) An activity licence grants a private preschool owner the right to provide early childhood education at a specific site. An application for an activity licence is reviewed by the Ministry of Education and Research. An application for an activity licence is submitted to the Ministry of Education and Research not later than five months before the start of teaching and education.

(2) A private preschool owner is issued an activity licence if they have submitted an application and meet the following requirements:

1) the preschool owner ensures the sustainability of their preschool, including sufficient funding;

2) the preschool has a sufficient number of qualified employees to meet the teaching and education goals set out in the preschool’s curriculum;

3) the preschool owner has established articles of association that comply with the requirements provided in subsection 2 of § 16 of this Act;

4) the preschool has a curriculum that complies with the requirements provided in subsection 4 of § 7 of this Act;

5) the preschool has the premises, buildings, land and furnishings necessary for its activities, which comply with the requirements established on the basis of § 4 of this Act;

6) the preschool owner ensures that all the requirements provided in this Act for private preschool owners and private preschools are met.

(3) Where a private preschool has a childcare group, the following requirements must be met in addition to the requirements provided in subsection 2 of this section:

1) the preschool’s curriculum must include a childcare institution’s curriculum that meets the requirements provided in subsection 2 of § 36 of this Act;

2) the preschool owner must ensure that all requirements provided for private childcare owners and private childcare institutions in this Act are met, taking account of the specifications provided in this Act.

(4) The following is annexed to an application for an activity licence:

1) the establishment resolution of a preschool;

2) a development plan containing data on the sustainability of a preschool’s activities in performing the duties provided in this Act, including data on the availability or source of sufficient funding, as well as on the ability of the private preschool owner to ensure that all the requirements provided in this Act for private preschool owners and private preschools are met;

3) confirmation by a preschool owner on ensuring a sufficient number of qualified employees, considering the scope of teaching and education in their preschool, to meet the teaching and education goals set out in the preschool’s curriculum;

4) confirmation by a preschool owner on ensuring that all requirements provided in this Act for private preschool owners and private preschools are met;

5) the articles of association of a preschool;

6) the curriculum of a preschool;

7) an assessment by competent authorities confirming that the premises, buildings, land and furnishings intended for use as an environment for learning and developing comply the requirements established on the basis of § 4 of this Act;

8) data regarding payment of a statutory fee.

(5) The Ministry of Education and Research has the right to request, in addition to those specified in subsection 4 of this section, additional documents, data or information proving the circumstances provided in subsections 2 and 3 of this section.

§ 23. Issue and amendment of activity licences

(1) The Ministry of Education and Research decides on whether to issue or amend an activity licence within two months from the submission of an application. A change of site prompts an amendment of the activity licence.

(2) The Ministry of Education and Research refuses to issue or amend an activity licence where the application for issuing or amending an activity licence or the documents accompanying the application are not in line with the requirements provided in this Act or other legislation, or where the private preschool owner has not proven that the requirements provided in subsection 2 of § 22 of this Act are met. Where the applicant has not proven that the above requirements are met in all sites, the Ministry of Education and Research has the right to issue or amend an activity licence only for operating in those sites where such requirements are proven to be met.

(3) Where a private preschool owner changes the site of their preschool after obtaining an activity licence, they will submit an application for amendment of the activity licence via the education information system not later than two months before the change is made. A preschool owner submits the documents, data or information specified in clauses 3 and 7 of subsection 4 of § 22 of this Act.

(4) The Ministry of Education and Research makes the decisions specified in subsections 1 and 2 of this section known via the email address specified in the application. Data on the preschool are entered into the education information system.

§ 24. Revocation of activity licences

(1) The Ministry of Education and Research may, in addition to revoking an activity licence on the grounds laid down in the General Part of the Economic Activities Code Act, revoke an activity licence if:

1) a national regulatory enforcement body has identified that the activities of a private preschool or a private preschool owner are in conflict with this Act or other legislation;

2) a preschool or preschool owner fails to comply with a precept issued by a national regulatory enforcement body by the prescribed deadline and pursuant to the prescribed procedure;

3) a preschool has not commenced activities within one year of receiving its activity licence, has suspended its activities for longer than one academic year or has closed;

4) a preschool does not have a sufficient number of qualified employees to meet the teaching and education goals set out in the preschool’s curriculum;

5) a national regulatory enforcement body proposes to the Ministry of Education and Research to revoke the activity licence.

(2) A private preschool owner notifies the Ministry of Education and Research, parents, and the local authority of a child’s place of residence of the decision to close their preschool in a form reproducible in writing not later than five months before such closure. Where a preschool has not commenced activities within one year of receiving its activity licence, the preschool owner notifies the Ministry of Education and Research and the local authority of its site thereof within five working days after one year has passed since the activity licence was issued.

(3) The Ministry of Education and Research makes the decision to revoke the activity licence known via the email address specified in the education information system.

§ 25. Management of preschools

(1) A preschool is managed by its head of school. It is the duty of the head of school to ensure the performance of functions related to the organisation of teaching and education provided in this Act and the completion of the preschool’s curriculum, as well as the expedient and effective management of employees and resources in co-operation with employees involved in teaching and education and the board of trustees. Once a year, the head of school presents an overview of teaching and education at the preschool to the board of trustees.

(2) A preschool owner may establish the position of head teacher to ensure the implementation of their preschool’s curriculum and compliance with the requirements for an environment for learning and developing, including to perform duties related to supporting the professionalism and continuing education of teachers, assistant teachers and other employees, as well as organising co-operation with parents.

(3) The head of school has the right to enter into employment contracts with employees and to amend and terminate such contracts in accordance with the rules provided in the Employment Contracts Act, taking account of the specifications provided in §§ 27 and 37 of this Act.

(4) A public competition is organised to fill the position of the head of school of a municipal preschool. A local authority announces the competition and establishes the procedure. Members of the board of trustees are involved in organising the competition in accordance with clause 6 of subsection 5 of § 26 of this Act. The employment contract with the head of school is entered into, amended and cancelled by the local authority.

(5) A private preschool owner creates a collegial management body in their private preschool, which is subject to the provisions of this Act concerning the board of trustees.

§ 26. Board of trustees

(1) The board of trustees is a permanent body responsible for guiding, planning and monitoring teaching and education in co-operation with parents, preschool employees and the preschool owner, and for creating better conditions to this end.

(2) The board of trustees consists of representatives of parents, who make up the majority of the board, a representative of the teachers and a representative of the preschool owner. If there are fewer than three groups in the preschool, the representatives of parents need not form a majority on the board of trustees.

(3) The board of trustees is formed and its operating procedure is established in accordance with the procedure established by a preschool owner and it is disclosed on the website of the preschool.

(4) The rights and obligations of the board of trustees of a preschool and a basic school operating as one institution arise from this Act and the Basic Schools and Upper Secondary Schools Act. The board of trustees is formed and its operating procedure is established in accordance with the procedure established in subsection1 of § 73 of the Basic Schools and Upper Secondary Schools Act.

(5) The board of trustees performs the following functions:

1) expresses its opinion on a preschool’s curriculum;

2) expresses its opinion on the rules of procedure of a preschool;

3) expresses its opinion on the procedure for competitions to fill the positions of teachers, support specialists and the head teacher;

4) expresses its opinion on the internal evaluation procedure of a preschool;

5) participates in the preparation of the development plan of a preschool;

6) in the case of a municipal preschool, participates in the organisation of a competition for the position of head of school through a member elected from within its ranks, bearing in mind that the elected member may not be a representative of the preschool owner;

7) expresses its opinion on the draft budget of a municipal preschool;

8) makes proposals to the head of school and a preschool owner to ensure a favourable environment for learning and developing;

9) in the case of a municipal preschool, expresses its opinion on the daily catering expenses;

10) performs other duties imposed on it by law or legislation issued on the basis of law and makes proposals to a preschool or a preschool owner for the better resolution of preschool-related issues.

(6) The board of trustees has the right to receive from the head of school and a preschool owner any information necessary for the performance of its duties.

(7) The work format of the board of trustees is a meeting. Minutes are taken at the meetings of the board of trustees. The conditions for storing and disclosing minutes are established in the operating procedure of the board of trustees.

§ 27. Preschool employees

(1) The employees involved in teaching and education are the group teacher, music teacher and physical education teacher (hereinafter teachers), the head of school, the head teacher, assistant teacher and support specialists. A preschool owner may create additional positions to perform the duties provided in this Act.

(2) A preschool owner ensures that the total number of preschool employees and the number of qualified employees is sufficient, considering the scope of teaching and education they conduct, to meet the teaching and education goals and to achieve the expected general skills and developmental outcomes of a child set out in the national curriculum for early childhood education.

(3) The head of school organises a public competition to fill the positions of teachers, support specialists and the head teacher. The head of school prepares the procedure and conditions of the competition after hearing the opinion of the board of trustees.

(4) Where a qualified teacher is not found in a competition organised to fill the position of a teacher, the head of school may enter into a fixed-term employment contract for up to one year with a person who has at least secondary education, whose qualification and educational competence are sufficient to ensure that the teaching and education goals set out in the preschool’s curriculum are met and the expected general skills and developmental outcomes of a child set out in the preschool’s curriculum are achieved, and whose proficiency in the Estonian language complies with the requirements established in the Language Act and on the basis thereof.

(5) The head of school may enter into a fixed-term employment contract for up to three years with a person undergoing teacher training at a higher education level in the cases provided in subsection 4 of this section.

(6) Where a qualified assistant teacher is not found for the position of an assistant teacher, the head of school may enter into a fixed-term employment contract for up to one year with a person who has at least secondary education and suitable personal qualities to help meet the teaching and education goals and achieve the expected general skills and developmental outcomes of a child set out in the national curriculum for early childhood education, and whose proficiency in the Estonian language complies with the requirements established in the Language Act and on the basis thereof.

(7) In the case provided in subsection 4 of this section, the head of school organises a new public competition within one year.

(8) Preschool support specialists have the right to apply for beginner’s allowance for support specialists on the conditions and in accordance with the rules provided in § 77¹ of the Basic Schools and Upper Secondary Schools Act.

(9) A preschool or a preschool owner enters into the education information system data concerning the preschool employees provided in the first sentence of subsection 1 of this section and their employment relationships, including the qualifications acquired by the employees.

§ 28. Teachers and assistant teachers

(1) Teaching and education in a preschool is conducted by teachers and assistant teachers, whose main duty is to support the development of each child and their acquisition of early childhood education. Teachers play a leading role in teaching and education, while assistant teachers act as support for teachers.

(2) Teachers and assistant teachers continuously develop their professional skills. A preschool owner creates opportunities for teachers and assistant teachers to develop their professional skills and acquire special educational competencies to meet the goals provided in subsection 1 of this section and subsection 1 of § 12 of this Act.

§ 29. Qualification requirements

(1) The qualification requirements for a head of preschool are a master’s degree or equivalent qualification, educational and management competencies and proficiency in the Estonian language in accordance with the requirements established in the Language Act and on the basis thereof.

(2) The qualification requirements for a preschool head teacher are higher education, educational and management competencies and proficiency in the Estonian language in accordance with the requirements established in the Language Act and on the basis thereof.

(3) The qualification requirements for a preschool teacher are higher education and the profession of a teacher and proficiency in the Estonian language in accordance with the requirements established in the Language Act and on the basis thereof, or higher education, educational competencies and proficiency in the Estonian language in accordance with the requirements established in the Language Act and on the basis thereof.

(4) In a group with a child receiving special or enhanced support, teachers must have special educational competences in addition to the qualifications provided in subsection 3 of this section.

(5) The qualification requirements for a preschool assistant teacher are at least secondary education and the profession of a childminder and proficiency in the Estonian language in accordance with the requirements established in the Language Act and on the basis thereof, or at least secondary education, educational competencies and proficiency in the Estonian language in accordance with the requirements established in the Language Act and on the basis thereof.

(6) The educational competencies of a teacher specified in subsections 3 and 4 of this section are described in the professional standard for teachers, and the educational competencies of an assistant teacher specified in subsection 5 are described in the professional standard for childminders.

(7) The qualification requirements provided in subsections 7–10 of § 74¹ of the Basic Schools and Upper Secondary Schools Act apply to support specialists.

(8) The existence of the competencies specified in this section is assessed by the employer.

(9) Recognition of the professional qualification of a teacher, assistant teacher or support specialist obtained in a foreign country is based on the conditions and procedure established in the Recognition of Foreign Professional Qualifications Act. The competent authority provided in subsection 2 of § 7 of the same Act is the Ministry of Education and Research.

§ 30. Children’s rights

A child has the right to an environment for learning and developing that supports and promotes their well-being and development. A child has the right to express their opinion, and their opinion must be taken into account in accordance with the child’s age and level of development.

§ 31. Rights and obligations of parents

(1) A parent has the right to:

1) receive support from a childcare institution and a preschool in supporting the development of their child and the child’s acquisition of early childhood education in accordance with the rules provided in this Act;

2) receive information from a childcare institution and a preschool about the organisation of teaching and education;

3) participate in the work of a board of trustees of a preschool in accordance with the rules provided in this Act;

4) make proposals to a childcare institution and a preschool for the organisation of teaching and education.

(2) A parent has an obligation to:

1) provide their contact details to a childcare institution and a preschool and notify them of any changes thereto;

2) co-operate with a childcare institution and a preschool to support their child’s development and to make sure they can access support services;

3) contact an external advisory team based on a proposal of a childcare institution or a preschool;

4) ensure favourable conditions for their child to develop and acquire early childhood education, and cover the related expenses, taking account of the specifications provided in this Act;

5) notify a childcare owner or a childcare institution and the head of school of a preschool in writing of any special conditions arising from their child’s health condition, which will be used to adjust, to the extent possible, the child’s daily schedule, environment for learning and developing, and teaching and education;

6) co-operate with a childcare institution and a preschool on the conditions and in accordance with the rules provided in this Act and in the legislation established on the basis thereof.

§ 32. Rights and obligations of childcare institutions, preschools and their owners

(1) A childcare institution, a preschool and their owner has the right to:

1) organise co-operation between a childcare institution and a preschool, and co-operation with the community, basic school and other institutions;

2) contact a parent to ensure that their obligations are met as provided in this Act and take other measures to protect the rights of a child.

(2) A childcare owner and a preschool owner have an obligation to ensure high-quality early childhood education and a safe environment for learning and developing for children.

(3) A childcare institution and a preschool has the obligation to:

1) notify a parent about the organisation of teaching and education;

2) regularly monitor a child’s development and provide relevant feedback to their parent;

3) provide support to a child in accordance with the rules provided in this Act;

4) advise a parent on matters concerning the development and early childhood education of their child.

§ 33. Organisation of activities of childcare institutions

(1) The activities of a childcare institution can be organised in a municipal or a private childcare institution. The owner of a municipal childcare institution is a local authority. The owner of a private childcare institution is a private legal person or a self-employed person.

(2) A childcare institution is established by a decision of a childcare owner. The right to organise private childcare is granted by an activity licence in accordance with the rules provided in this Act. A childcare institution may operate as one institution in several sites; in such an event, its activities in all sites must comply with the requirements provided in this Act. A private childcare institution may also operate in a residential building and on residential land.

(3) A childcare institution convenes a parents’ meeting at least twice a year to promote co-operation with parents. A parents’ meeting need not be convened in a preschool childcare group.

§ 34. Work organisation in groups

(1) A childcare group can have up to 15 children. A childcare group for children up to three years of age, with at least one full-time teacher, may have up to 16 children. A childcare group for children aged three to seven, with at least one full-time teacher, may have up to 20 children.

(2) A childcare owner may form a mixed group consisting of children aged between one and a half and seven years. A mixed group can have up to 15 children. A mixed group with at least one full-time teacher may have up to 18 children.

(3) During the working time of a childcare group, one childminder is present for every five children aged up to three years and every ten children aged over three years. During the working time of a mixed group, a childminder is present for every five children.

(4) If there is at least one full-time teacher working in a childcare group, a teacher, assistant teacher or childminder must be present during the group’s working time for every eight children aged up to three years, for every ten children aged over three years, and for every nine children in a mixed group.

§ 35. Language of teaching and education in childcare institutions

(1) Teaching and education in a childcare institution takes place in the Estonian language.

(2) The provisions of subsection 2 of § 8 of this Act apply to the language of teaching of a child who is deaf or has decrease of auditory ability.

(3) In the case of a child who has been diagnosed with a health condition that requires daily or round-the-clock personal assistance or a child who has been identified as having a disability with an established degree of severity, a language other than Estonian may be used in addition to or instead of Estonian with the written consent of their parent.

§ 36. Childcare institution’s curriculum

(1) To support the development of a child’s general skills, a childcare institution, in co-operation with employees involved in teaching and education, prepares a curriculum for the childcare institution on the basis of the national curriculum. A childcare institution is guided by the childcare institution’s curriculum in the organisation and conduct of teaching and education. A childcare institution’s curriculum is disclosed on the website of the childcare institution.

(2) A childcare institution’s curriculum sets out:

1) the characteristics of the childcare institution and its teaching and education goals;

2) the expected general skills of a child aged three years and a child aged six to seven, and the principles and organisation of support for the general skills of a child, including the principles and organisation of teaching and education;

3) the principles for assessing and supporting a child’s development, as well as documentation and organisation thereof;

4) the principles and organisation of co-operation with parents;

5) the procedure for updating and supplementing the curriculum.

§ 37. Employees involved in teaching and education in childcare institutions

(1) Employees involved in teaching and education include the childminder, teacher, assistant teacher, and support specialists.

(2) A childcare owner organises a public competition to fill the positions of teachers and support specialists. The childcare owner prepares the procedure and conditions of the competition.

(3) Where a qualified teacher is not found in a competition organised to fill the position of a teacher, a childcare owner may enter into a fixed-term employment contract for up to one year with a person who has at least secondary education, whose qualification and educational competence are sufficient to ensure that the teaching and education goals set out in the childcare institution’s curriculum are met and the general skills of a child set out in the childcare institution’s curriculum are achieved, and whose proficiency in the Estonian language complies with the requirements established in the Language Act and on the basis thereof. In such an event, the childcare owner organises a new public competition within a year.

(4) A childcare owner may enter into a fixed-term employment contract for up to three years with a person undergoing teacher training at a higher education level in the cases provided in subsection 3 of this section.

(5) Where a qualified assistant teacher is not found to fill the position of an assistant teacher, a childcare owner may enter into a fixed-term employment contract for up to one year with a person who has at least secondary education and suitable personal qualities to help meet the teaching and education goals and achieve the general skills of a child set out in the childcare institution’s curriculum, and whose proficiency in the Estonian language complies with the requirements established in the Language Act and on the basis thereof.

(6) Where a qualified childminder is not found to fill the position of a childminder, a childcare owner may enter into a fixed-term employment contract for up to one year with a person who has at least secondary education and suitable personal qualities to help meet the teaching and education goals and achieve the general skills of a child set out in the childcare institution’s curriculum, and whose proficiency in the Estonian language complies with the requirements established in the Language Act and on the basis thereof.

(7) Support specialists at a childcare institution have the right to apply for beginner’s allowance for support specialists on the conditions and in accordance with the rules provided in § 77¹ of the Basic Schools and Upper Secondary Schools Act.

(8) A childcare institution or a childcare owner enters into the education information system data on the teachers, childminders, assistant teachers, and support specialists working in the childcare institution, as well as data on their employment relationships, including the qualifications acquired by the employees.

(9) In a preschool with a childcare group, the head of school has the competence assigned to a childcare owner and a childcare institution under this section.

§ 38. Qualification requirements

(1) The qualification requirements for a childminder are at least secondary education and a professional certificate of at least level 4 childminder, as well as proficiency in the Estonian language in accordance with the Language Act and the requirements established on the basis thereof.

(2) Where a childminder works in a childcare group where there is a child who has been diagnosed with a health condition that requires daily or round-the-clock personal assistance or a child who has been identified as having a disability with an established degree of severity, the childminder’s qualification requirements are at least secondary education and a professional certificate of at least level 5 childminder, as well as proficiency in the Estonian language in accordance with the Language Act and the requirements established on the basis thereof.

(3) Recognition of the professional qualification of a childminder obtained in a foreign country is based on the conditions and procedure established in the Recognition of Foreign Professional Qualifications Act. The competent authority provided in subsection 2 of § 7 of the same Act is the Ministry of Education and Research.

(4) The qualification requirements for a teacher, assistant teacher, and support specialist are provided in § 29 of this Act.

§ 39. Supporting children’s development in childcare institutions

(1) A childminder, teacher and assistant teacher monitor and assess children’s development and performance in a childcare institution and adapt teaching and education to the individual needs and abilities of each child. A child’s development is assessed and supported on the basis of the principles described in the childcare institution’s curriculum.

(2) A special education teacher or speech therapist assesses the speech development of children in a childcare institution at least once a year, except in groups with at least one full-time teacher.

(3) Where necessary, a child is provided with the service of a special education teacher, a speech therapist or other support specialist corresponding to the descriptions of the services of the support specialists and the procedure for the implementation of the service established on the basis of subsection 3 of § 37 of the Basic Schools and Upper Secondary Schools Act. A childcare owner creates opportunities for the provision of support specialist services, and a childcare institution organises the provision of services.

(4) For a child attending a private childcare institution who has been provided with a childcare place by a local authority on the basis of section 5 of this Act, the local authority will ensure the support specialist services described in subsection 3 of this section.

(5) A childcare institution or a childcare owner enters into the education information system data about the support service provided and the service provider. The local authority of a child’s place of residence has the right to process data from the education information system to ensure the necessary support services for the child and family.

§ 40. Exclusion of children from childcare institutions

(1) A child is excluded from a childcare institution:

1) if a parent has submitted a corresponding request to the childcare institution;

2) if the child starts using a preschool place or commences their compulsory education;

3) if there are no data on residence in Estonia of the child, unless the childcare institution is aware that the child is staying in Estonia and their parent has provided the childcare institution with confirmation that they wish to continue using the childcare place;

4) upon the death of the child.

(2) In addition to the grounds for exclusion of a child from a childcare institution provided in subsection 1 of this section, a private childcare institution has the right to exclude a child from the childcare institution due to long-term arrears with childcare service fees.

§ 41. Management of municipal childcare institutions

(1) A local authority ensures that a childcare institution it manages complies with all the requirements for municipal childcare institutions provided in this Act and in legislation established on the basis thereof.

(2) A local authority closes a municipal childcare institution at the request of the Ministry of Education and Research if:

1) administrative supervision reveals that the activities of a childcare institution or local authority are in conflict with this Act or other legislation, and the precepts of a supervisory body have not been complied with by the prescribed deadline and pursuant to the prescribed procedure;

2) the local authority fails to comply with a precept issued by a national regulatory enforcement body by the prescribed deadline and pursuant to the prescribed procedure;

3) the childcare institution has not commenced activities within one year after the notification provided in § 42 of this Act or the local authority has suspended the activities of the childcare institution for longer than one academic year.

§ 42. Notification of Ministry of Education and Research and parents

(1) A local authority notifies the Ministry of Education and Research of its decision to establish a municipal childcare institution not later than two months before the start of teaching and education, and of its decision to suspend the activities of the municipal childcare institution or close it not later than five months before such suspension or closure.

(2) A local authority notifies the Ministry of Education and Research of changes to the site of a municipal childcare institution not later than two months before the change takes place.

(3) A local authority notifies parents of the decision to close or suspend the activities of a municipal childcare institution in a form reproducible in writing not later than five months before such closure or suspension.

(4) The Ministry of Education and Research enters into the education information system the decisions specified in subsections 1 and 2 of this section.

§ 43. Application for activity licences

(1) An activity licence grants a private legal person or a self-employed person the right to organise childcare at a specific site. An application for an activity licence is reviewed by the Ministry of Education and Research. An application for an activity licence is submitted to the Ministry of Education and Research not later than five months before the start of operation of the private childcare institution.

(2) An activity licence is issued if the person meets the following requirements:

1) the person ensures the sustainability of the private childcare institution, including sufficient funding;

2) the childcare institution employs as many qualified employees as required under § 34 of this Act to ensure the care of the planned number of children of the planned age and to support their development;

3) the person ensures that all requirements established in this Act for childcare owners and a childcare institutions are met;

4) the childcare institution has a curriculum that complies with the requirements provided in § 36 of this Act;

5) the childcare institution has the premises, buildings, land and sufficient furnishings necessary for its activities, which comply with the requirements established on the basis of § 4 of this Act;

6) the premises, buildings, land and furnishings specified in clause 5 of this subsection allow for the care of the planned number of children.

(3) The following must be submitted in addition to the application and the provisions of the General Part of the Economic Activities Code Act to obtain an activity licence:

1) data showing that the private childcare owner has the ability to ensure the sustainability of their childcare institution, including sufficient funding;

2) confirmation by the childcare owner that they will ensure a sufficient number of employees involved in teaching and education in their childcare institution to care for the planned number of children of the planned age and to support their development, and that they will ensure that all requirements for childcare owners and childcare institutions provided in this Act are met;

3) an assessment by competent authorities that the premises, buildings, land and furnishings intended for use as the site of the childcare institution comply with the requirements established on the basis of § 4 of this Act and allow for the care of the planned number of children;

4) if the activities of the childcare institution take place in a dwelling, the health certificates of the adults using the dwelling, attesting that they have undergone a medical examination for communicable diseases;

5) the curriculum of a childcare institution;

6) data regarding payment of a statutory fee.

(4) The Ministry of Education and Research has the right to request, in addition to those provided in subsection 3 of this section, additional documents, data or information proving the circumstances provided in subsection 2.

§ 44. Issue and amendment of activity licences

(1) The Ministry of Education and Research decides on whether to issue or amend an activity licence within two months after the submission of an application. A change of site prompts an amendment of the activity licence.

(2) The Ministry of Education and Research refuses to issue or amend an activity licence where the application for obtaining or amending an activity licence or the documents accompanying the application are not in line with the requirements provided in this Act or other legislation, or where the childcare owner has not proven that the requirements provided in subsection 2 of § 43 of this Act are met. Where the applicant has not proven that the above requirements are met in all sites, the Ministry of Education and Research has the right to issue or amend an activity licence only for operating in those sites where such requirements are proven to be met.

(3) Where a private childcare owner changes its site after obtaining an activity licence, they will submit an application to the Ministry of Education and Research for changing the site not later than two months before the change is made. To this end, a childcare owner submits an application to amend the activity licence and the documents, data or information specified in clauses 2, 3 and 4 of subsection 3 of § 43 of this Act.

(4) The Ministry of Education and Research makes the decisions specified in subsections 1 and 2 of this section known via the email address specified in the application. Data on the childcare institution are entered into the education information system.

§ 45. Revocation of activity licences

(1) The Ministry of Education and Research may, in addition to revoking an activity licence on the grounds laid down in the General Part of the Economic Activities Code Act, revoke an activity licence if:

1) regulatory enforcement reveals that the activities of a private childcare institution or a private childcare owner are in conflict with this Act or other legislation;

2) a childcare owner fails to comply with a precept issued by a national regulatory enforcement body by the prescribed deadline and pursuant to the prescribed procedure;

3) the number of qualified employees does not comply with the provisions of § 34 of this Act;

4) a national regulatory enforcement body proposes to the Ministry of Education and Research to revoke the activity licence;

5) a childcare institution has not commenced activities within one year of receiving its activity licence or has suspended its activities for longer than one academic year.

(2) A private childcare owner notifies the Ministry of Education and Research, parents, and the local authority of a child’s place of residence of the decision to close their childcare institution in a form reproducible in writing not later than five months before such closure. Where the childcare institution has not commenced activities within one year of receiving its activity licence, the childcare owner notifies the Ministry of Education and Research and the local authority of its site thereof within five working days after one year has passed since the activity licence was issued.

(3) The Ministry of Education and Research makes the decision to revoke the activity licence known via the email address specified in the education information system.

§ 46. Funding of municipal childcare institutions and municipal preschools

(1) Municipal childcare institutions and municipal preschools are funded from the budget of a local authority.

(2) In line with the State Budget Act, a local authority receives support for the continuing education and Estonian language studies of teachers specified in subsection 1 of § 28 and subsection 1 of § 37 of this Act, and for buying teaching materials.

(3) The attendance fee in a municipal childcare institution and a municipal preschool per child may not exceed 20 per cent of the minimum wage established on the basis of subsection 5 of § 29 of the Employment Contracts Act. A parent pays for their child’s catering expenses.

(4) A local authority establishes the attendance fee and daily catering expenses for a municipal childcare institution and a municipal preschool, which may be differentiated depending on the number of children in the family, socio-economic background or other circumstances. Catering expenses refer to the cost of preparing food, including the cost of food products.

(5) When ensuring a municipal childcare place or a municipal preschool place in the municipal preschool or municipal childcare institution of another local authority in accordance with the rules provided in § 5 of this Act, the local authorities agree on the procedure for paying the expenses related to the cost of the place.

§ 47. Funding of private childcare institutions and private preschools

(1) A private childcare owner ensures funding for their private childcare institution. A private childcare institution has its own budget approved by the private childcare owner. A private preschool owner ensures funding for their private preschool. A private preschool has its own budget approved by the private preschool owner.

(2) When ensuring a municipal childcare place in a private childcare institution and a municipal preschool place in a private preschool in accordance with the rules provided in § 5 of this Act, the provisions of § 46 apply to the funding of the private childcare institution and private preschool, taking into account that the attendance fee may not exceed that of a municipal childcare institution or municipal preschool.

(3) A local authority establishes the conditions and procedure for supporting a private childcare institution and a private preschool, taking into account the provisions of this Act.

§ 48. Supervisory control, regulatory enforcement and administrative supervision

(1) A local authority exercises supervisory control over the legality and expediency of the activities of a municipal childcare institution and a municipal preschool.

(2) The Ministry of Education and Research exercises administrative supervision over the legality of the activities of a municipal childcare institution, a municipal preschool and its owner, and regulatory enforcement over the legality of the activities of a private childcare institution, a private preschool and its owner, to ensure support for the development of children, the availability of early childhood education and access to it on an equal basis, as well as the organisation and quality of teaching and education.

(3) Where, in the course of regulatory enforcement or administrative supervision, it is established that the head of school, head teacher, teacher, support specialist, assistant teacher or childminder does not comply with the Estonian language proficiency requirement prescribed in the qualification requirements, the supervisory authority specified in subsection 2 of this section has the right to issue a precept:

1) for filling the position with a person who complies with the Estonian language proficiency requirement prescribed in the qualification requirements;

2) for termination of the employment contract of the person who does not comply with the Estonian language proficiency requirement prescribed in the qualification requirements.

(4) The Health Board exercises regulatory enforcement and administrative supervision over conformity with the health requirements established on the basis of § 4 of this Act.

§ 49. Special regulatory enforcement measures

A law enforcement agency may, for the purpose of exercising the regulatory enforcement provided in this Act, take special regulatory enforcement measures provided in §§ 30, 31, 32, 49, 50, 51, 52 and 53 of the Law Enforcement Act on the grounds and in accordance with the rules provided in the Law Enforcement Act.

§ 50. Validity of education and activity licences

(1) Activity licences issued to private preschool owners on the basis of the Private Schools Act before 1 September 2025 are deemed activity licences issued on the basis of this Act from 1 September 2025.

(2) Education licences issued to municipal preschool owners on the basis the Preschool Child Care Institutions Act before 1 September 2025 are deemed invalid from 1 September 2025.

§ 50¹. Validity of regulations of local authorities

Regulations of local authorities established on the basis of subsection 3 of § 9, subsection 4 of § 15, subsection 5 of § 21 and subsections 4 and 7 of § 27 of the Preschool Child Care Institutions Act remain in force until entry into force of the regulations adopted on the basis of this Act but not for longer than until 31 August 2026.

§ 51. Bringing activities of preschools into compliance with this Act

(1) Where the activities of a preschool operating on the basis of the Preschool Child Care Institutions Act or the Private Schools Act do not comply with the requirements for preschools provided in this Act, the preschool owner will bring the activities into compliance without delay, but not later than by 31 August 2026.

(2) A preschool owner notifies the Ministry of Education and Research of their preschool’s sites through the education information system not later than by 31 August 2026.

§ 52. Processing of applications for activity licences and education licences

Applications for an activity licence submitted on the basis of the Private Schools Act and applications for an education licence submitted on the basis of the Preschool Child Care Institutions Act before 1 September 2025 are processed on the conditions and in accordance with the rules in force at the time of submission of the application.

§ 53. Reorganisation of childcare services into childcare institutions

(1) A private legal person or a self-employed person with a valid activity licence to provide childcare services submits to the Social Insurance Board, not later than by 1 December 2025, a statement in a form reproducible in writing, indicating whether they will continue their economic activities as a childcare owner on the basis of this Act or as a provider of care services to children with extreme need for assistance and support on the basis of the Social Welfare Act. Where the person does not submit to the Social Insurance Board a statement on the continuation of economic activities, the Social Insurance Board revokes the activity licence as of 1 September 2026 in accordance with the rules provided in the Social Welfare Act.

(2) A local authority with a valid activity licence to provide childcare services, submits to the Social Insurance Board, not later than by 1 December 2025, a statement in a form reproducible in writing, indicating whether it will continue to manage a childcare institution as a childcare owner on the basis of this Act or as a provider of care services to children with extreme need for assistance and support on the basis of the Social Welfare Act. Where the local authority does not submit to the Social Insurance Board the statement specified in the first sentence of this subsection, the Social Insurance Board revokes the activity licence as of 1 September 2026 in accordance with the rules provided in the Social Welfare Act.

(3) Where a private legal person or a self-employed person has submitted to the Social Insurance Board a statement pursuant to subsection 1 of this section, indicating that they will continue their economic activities as a childcare owner on the basis of this Act, the activity licence for the provision of childcare services issued to it under the Social Welfare Act will remain valid until 1 September 2026 or until the activity license for childcare services is deemed to be an activity licence issued on the basis of § 43 of this Act in accordance with the rules provided in subsection 9 of this section.

(4) Where a local authority has submitted to the Social Insurance Board a statement pursuant to subsection 2 of this section, indicating that it will continue to manage a childcare institution as a childcare owner on the basis of this Act, the activity licence for the provision of childcare services issued to it under the Social Welfare Act will remain valid until 1 September 2026.

(5) Where a person has submitted to the Social Insurance Board a statement pursuant to subsection 1 of this section to continue their economic activities as a provider of care services to children with extreme need for assistance and support, they will be subject to the provisions of subsection 2 of § 160⁷ of the Social Welfare Act.

(6) Applications for an activity licence for the provision of childcare services submitted on the basis of the Social Welfare Act before 1 September 2025 are processed by the Social Insurance Board on the conditions and in accordance with the rules in force at the time of submission of the application, taking into account the provisions of subsections 1, 3 and 5 of this section.

(7) Where a person has submitted to the Social Insurance Board a statement pursuant to subsection 1 of this section, indicating that they will continue their economic activities or continue to manage a childcare institution as a childcare owner on the basis of this Act, the Ministry of Education and Research and not the Social Insurance Board will organise their rights and obligations related to the activity licence for the provision of childcare services and their management of a childcare institution from 1 December 2025. The Ministry of Education and Research applies the Social Welfare Act, which was in force until 31 August 2025, to the activities of a childcare owner specified in the first sentence of this section. Where the activity licence of a childcare owner is deemed to be a licence issued on the basis of § 43 of this Act before 1 September 2026 in accordance with the rules provide in subsection 9 of this section, or where an activity licence issued to a local authority is deemed to be invalid and a notation is made in the education information system on the continued management of a childcare institution, this Act will apply to the activities of the childcare owner.

(8) Administrative acts issued or administrative contracts entered into on the provision of childcare services on the basis of subsection 2 of § 45² of the Social Welfare Act until 31 August 2025, which are related to the performance of the duties provided in this Act, continue to apply where they comply with the requirements provided in this Act, or until the expiry of the activity licence for the provision of childcare services of a service provider who is a private legal person or a self-employed person. Administrative acts issued or administrative contracts entered into for the provision of childcare services on the basis of subsection 4 of § 45² of the Social Welfare Act until 31 August 2025 are brought into conformity with this Act not later than by 1 September 2026.

(9) A person who continues economic activities as a childcare owner will bring their activities into compliance with the requirements established for childcare owners in this Act without delay, but not later than by 31 August 2026. Once a childcare owner has made sure their activities are compliant, they will notify the Ministry of Education and Research thereof through the education information system within five working days, but not later than by 31 August 2026. After submitting the notification, an activity licence for the provision of childcare services issued to a private legal person or a self-employed person under the Social Welfare Act is deemed an activity licence issued on the basis of § 43 of this Act, an activity licence issued to a local authority is deemed invalid and a notation is made in the education information system on the continued management of a childcare institution.

(10) In the case provided in subsection 7 of this section, the controller of the register for economic activities transfers from the register for economic activities to the education information system, not later than by 1 December 2025, data on the persons with the right of representation of the childcare service providers provided in subsections 3 and 4, as well as the following activity licence data:

1) general data on the activity licence;

2) data of the childcare owner;

3) contact details of the childcare institution;

4) details of the childminders’ education, professional certificates, first aid training and medical certificates;

5) number of childminders working in the childcare institution;

6) maximum number of children in the children institution.

§ 54. Transitional period for qualification requirements

(1) The requirement for a master’s degree or equivalent qualification for a head of school provided in this Act is not applied until 31 August 2028 to a head of school who was working as a head of school before the entry into force of this Act.

(2) The qualification requirements provided in this Act do not apply to a teacher who worked as a teacher in a preschool child care institution before 1 September 2025 and who complied with or was deemed to comply with the qualification requirements established for their position prior to 1 September 2025.

(3) The qualification requirements for an assistant teacher provided in this Act, except for the Estonian language proficiency requirement, do not apply until 31 August 2029 to assistant teachers who worked as employees assisting a teacher before the entry into force of this Act.

(4) The qualification requirements for a childminder provided in this Act, except for the Estonian language proficiency requirement, do not apply until 31 August 2028 to a childminder who worked as a childminder before the entry into force of this Act.

§ 55. Time limit for preparing childcare institution’s curriculum

A childcare owner prepares a curriculum in accordance with the rules provided in § 36 of this Act not later than by 31 August 2026.

§ 56. Time limit for establishing operating procedure for board of trustees

A preschool owner establishes an operating procedure for the board of trustees not later than by 31 December 2025.

§ 57. Time limit for establishing procedure for admission of children to and exclusion of children from preschools and childcare institutions

(1) A preschool owner establishes a procedure for the admission of a child to and the exclusion of a child from their preschool not later than by 31 December 2025.

(2) A childcare owner establishes a procedure for the admission of a child to and the exclusion of a child from their childcare institution not later than by 31 December 2025.

§ 58. Ex-post assessment

The Ministry of Education and Research will analyse, not later than on 2032, the effectiveness of integrating preschools and childcare services into a single early childhood education system, the impact of changes to the organisation of support services for children and the impact of establishing additional qualification requirements for employees working in preschools and childcare institutions.

§ 59

–

§ 66

[The provisions amending other Acts omitted from translation.]

§ 67. Repeal of Preschool Child Care Institutions Act

The Preschool Child Care Institutions Act is repealed.

§ 68

–

§ 79

[The provisions amending other Acts omitted from translation.]

§ 80. Entry into force of Act

This Act enters into force on 1 September 2025.