Explanatory Memorandum to COM(2018)271 - High Quality Early Childhood Education and Care Systems

Please note

This page contains a limited version of this dossier in the EU Monitor.



1. CONTEXT OF THE PROPOSAL

Reasons for and objectives of the proposal

The early years in human life 1 are the most formative for developing the foundational competences and learning dispositions that influence greatly later education and employment prospects and wider life achievements and satisfaction.

The European Pillar of Social Rights 2 states that children should have the right to affordable early childhood education and care of good quality. It continues by saying that children from disadvantaged backgrounds should have the right to specific measures to enhance equal opportunities.

In its Communication on Strengthening European identity through education and culture 3 , the Commission describes the vision of a European Education Area in which high quality, inclusive education, training and research are not hampered by borders and people can benefit from the rich educational offer in the Union. High-quality early childhood education and care 4 is a part of this vision as it lays the foundation for further learning 5 and formation of identity and citizenship.

High quality services play a decisive role in improving education outcomes, including the development of social competences. Research indicates that participation in high quality early childhood education and care leads to higher basic skills attainment and is a strong prevention measure to early school leaving 6 . PISA, the OECD Programme for International Student Assessment, also shows that students who attended pre-primary education for more than one year scored higher in maths at age 15. Students who had not attended pre-primary education have three times greater chances of being low performers than those who attended it for more than one year 7 .

Inclusive early childhood education and care significantly contributes to addressing inequality and social exclusion. Without high quality early education, a developmental and competences gap develops early between children with different socio-economic backgrounds 8 , therefore, reinforcing the cycle of intergenerational transmission of disadvantage. Early childhood education and care experiences are an opportunity to prevent and mitigate disadvantage for children from disadvantaged Roma communities and those with migrant backgrounds. Research evidence shows that among children from a comparable migrant background, those who attended early childhood education and care in their host country score better in reading 9 . In addition, high quality early childhood education and care services have positive impacts on labour market participation of parents and clear benefits for achieving more gender equality.

The aim of this proposal for a Council Recommendation is to support Member States in their efforts to improve access to and quality of their early childhood education and care systems, whilst recognising that Member States are primarily responsible in this area. It seeks to establish European shared understanding on what constitutes quality in early childhood education and care. It presents tools and policy examples to support Member States in their ambitions to ensure high quality inclusive systems and services. A recent policy review 10 indicates that countries with a strategic approach to quality progress more than others in developing and improving their early childhood education and care provision. However, only few Member States have a Quality Framework or equivalent policy document in place to govern provision. That is why this proposal presents key elements of a quality framework in early childhood education and care that can inspire Member States in their strategic thinking about these services.

In most EU countries neither the quality nor the number of places meets expectations. Currently, there are more than 32 million children below the age of compulsory education in the EU, but only about 15 million of them attend early childhood education and care 11 . While it is the choice of parents to use services or not, the demand for places across Europe is higher than the supply.

The European benchmark set in the context of the Strategic Framework for cooperation in education and training 12 defined that at least 95 % of children between four years and the age for starting compulsory primary education should participate in early childhood education. This benchmark has almost been reached 13 . The target agreed at the European Council in Barcelona in 2002 (with a view to improve female labour market participation) defined that 33% of children under three and 90% of children between three and the mandatory school age should have access to services. An assessment of these targets is being presented in parallel to this proposal 14 .

The quality of provision is often insufficient and varies greatly within and between countries, between private and public settings, between urban and rural or remote areas, as well as between age groups (0-3 and 3-6) 15 .

The consequences of the lack of available and affordable places and low quality of services are far reaching 16 . Limited availability and/or affordability of high quality services is particularly challenging for children who are already starting life at a disadvantage due to a range of factors such as poverty, disability, discrimination or originating from a Roma or migration background. In today's Europe, children growing up in poverty or social exclusion are still less likely than their better-off peers to do well in school, enjoy good health and realise their full potential later in life 17 .

Consistency with existing policy provisions in the policy area

The need to improve access to and quality of early childhood education and care services was also strongly underlined in the Commission Communication on School development and excellent teaching 18 and the related Council Conclusions on school development and excellent teaching 19 .

The Commission Recommendation on Investing in children: breaking the cycle of disadvantage 20 stressed the importance of providing access to high quality, inclusive early childhood education and care; ensuring its affordability and adapting provision to the needs of families, taking particularly into account the needs of disadvantaged children.

In January 2018 the Commission adopted a proposal for a Council Recommendation on Key Competences for Lifelong Learning 21 which refers to early childhood education and care and the importance of supporting competence development in early years education with a focus on social and emotional competences.

The Commission also adopted a proposal for a Council Recommendation on promoting common values, inclusive education, and the European dimension of teaching 22 . This proposal stresses the importance of providing inclusive education for all learners from an early age onwards.

Consistency with other Union policies

The proposal is strongly related to the European Pillar of Social Rights 23 which has identified, under principle 11, children's right to affordable early childhood education and care provision of good quality.

The availability, accessibility and affordability of high quality childcare facilities are also key factors that allow parents to participate in the labour market. A report on the targets agreed by the Barcelona European Council in 2002, published by the European Commission, assesses the progress made in Member States 24 .

The Work-Life Balance Communication 25 acknowledged the need to provide good quality formal care services across Europe in order to remove obstacles to employment, especially for women. It has the potential to contribute to increasing female labour-market participation and the equal economic independence of women and men, a priority set out in the Commission’s Strategic Engagement for Gender Equality 2016-2019 26 . The initiative hence contributes to the Treaty-based objectives 27 of equality between men and women with regard to labour market opportunities, and promoting a high level of employment in the Union.

The EU Framework for National Roma Integration Strategies 28 and the 2013 Council Recommendation of effective Roma integration measures in the Member States 29 called on Member States to widen access to, and increase quality of, early childhood education and care, including via targeted support to Roma children.

The Action Plan on the Integration of Third-Country nationals 30 and the Communication on the protection of children in migration 31 acknowledged that early childhood education and care is fundamental for the integration of families and children from third countries. The initiative contributes to removing barriers to the participation of third-country national girls and boys to early childhood education, to making sure that all children are given the chance to realise their full potential and to support integration of migrant children.

The European Semester process has given prominence to the question of early childhood education and care and several Member States received country specific recommendations on childcare and inclusive education. The Employment Guidelines underline the importance of access to affordable quality early childhood education and care. The 2018 Annual Growth Survey refers to its importance from the points of view of equal opportunities, social inclusion and work-life balance policies. The 2018 Joint Employment Report also refers to Member States' progress in this area, monitoring in particular access to early childhood education and care for children below the age of 3 as part of the Social Pillar Scoreboard 32 . The reconciliation of work and family life should be promoted, in particular through access to long-term care and affordable quality early childhood education and care.

Finally, the EU Structural and Investment Funds are also playing a major role in supporting investments in accessible, affordable and quality infrastructure and services.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

Legal basis

The initiative is in conformity with Article 165 of the Treaty on the Functioning of the European Union. Article 165(1) of the Treaty on the Functioning of the European Union states that 'The Union shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content and organisation of their education systems'.

The initiative does not propose any extension of EU regulatory power or binding commitments on Member States. Member States will decide, according to their national circumstances, how they can make the best use of the Council Recommendation.

Subsidiarity (for non-exclusive competence)

The Commission takes action to further encourage Member States to cooperate in the area of early childhood education and care 33 , following up on important results which have been achieved already, including especially the 2014 expert proposal for a Quality Framework on early childhood education and care 34 .

The added value of action at EU level lies in the ability of the EU to:

·Capitalise on the knowledge and expertise within the Union and continue cooperation on the basis of the proposed quality framework as a common reference tool.

·Further support Member States in their efforts to reform their provision.

·Support Member States' efforts by providing European tools, such as a set of quality statements.

Proportionality

The proposal envisages recommendations in line with the five dimensions of the Quality Framework accompanied by options for policy responses to the main challenges in the sector. This will allow Member States to make use of the Council Recommendation according to their specific context. Each Member State decides on the approach to take in working towards improvements of their respective systems.

Choice of the instrument

A Council Recommendation is an appropriate instrument within the field of education and training, where the EU has a supporting competence and is an instrument that has been frequently used for European action in the areas of education and training. As a legal instrument, it signals the commitment of Member States to the measures within the text and provides a stronger political basis for cooperation in this area, while fully respecting Member States' competence in the field of education and training.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

Ex-post evaluations/fitness checks of existing legislation

Not applicable.

Stakeholder consultations

In December 2016, 250 experts, policy makers and practitioners attended the conference "A Great start in life! The best possible education in the early years". Conclusions from the conference 35 were duly considered for the preparation of this proposal. Furthermore, the relevant findings during the public consultations on the Work-Life Balance initiative 36 and the European Pillar of Social Rights 37 were taken into account.

Following a series of previous consultations related to proposals for key principles of a Quality Framework for Early Childhood Education and Care 38 , the Commission organised a targeted stakeholder consultation meeting on 31 January 2018. Participants represented a wide range of civil society organisations as well as representatives from Member States, covering organisations working in the field of education and lifelong learning, child protection and child rights, parent and family associations, social inequalities networks, special educational and disabilities agencies and teacher unions. The stakeholder meeting confirmed and welcomed the overall approach and provided further insight into current challenges and possible solutions in the sector.

·Stakeholders highlighted the need for social inclusion and for specific groups of children (or families) to be specified in order to ensure they are not left aside. They reminded of the importance of providing consistent quality everywhere, including in rural areas, and to focus on the needs of children, and include age-appropriate objectives and goals as well as to give greater emphasis to play-based learning;

·Stakeholders also highlighted the need to recognise that the Quality Framework is not only meant to set minimum standards, and that Member States should be encouraged to provide high quality services. Furthermore, the Council Recommendation should provide support at the Member State or system level and should enable flexibility to allow different countries to review their own quality approach.

Collection and use of expertise

Over the course of the last two years, the Commission worked with key experts across the EU to define quality factors 39 and to develop self-evaluation tools. Other major sources are outlined below:

(1)Data on access, participation and quality will be included from Eurydice (2016) Key Data on Early Childhood Education and Care and the Education and training Monitor (2017) and the OECD (2017) Starting Strong V: Key indicators on early childhood education and care.

(2)CARE (2016) Curriculum Quality Analysis and Impact Review of European early childhood education and care, Policy Recommendations on quality. This multidisciplinary European research project provided conclusions and recommendations on curriculum, quality, well-being, impact, access, funding and governance, and the role of professionals.

(3)EENEE (2017) Benefits of early childhood education and care and the conditions under which they can be obtained. This report proposes different types of determinants that may influence whether these potential benefits can materialise.

(4)NESET (2017) Current state of national early childhood education and care quality frameworks, or equivalent strategic policy documents, governing early childhood education and care quality in EU Member States.

(5)European Commission Staff Working Document on the Implementation on the Investing in children recommendation 40 , published together with the European Pillar of Social Rights.

Also the European Platform for Investing in Children (EPIC) offers evidence-based good practices for implementing the Investing in Children Recommendation and up-dated country profiles on child and family policies in the EU.

Impact assessment

Given the complementary approach of the activities to Member State initiatives, the voluntary nature of the proposed activities and the scope of the impacts expected, an impact assessment was not carried out. Rather, development of the proposal was informed by previous studies, consultation of Member States and stakeholder consultation.

Regulatory fitness and simplification

Not applicable.

Fundamental rights

This Recommendation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, including the right of education, the respect for cultural, religious and linguistic diversity and non-discrimination. In particular, the Recommendation promotes the rights of the child as established in Article 24 and takes into account the UN convention on the Rights of the Child, in particular Article 29.1.c which specifies that the education of the child shall be directed to the development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own 41 . This Recommendation must be implemented in accordance with these rights and principles.

4. BUDGETARY IMPLICATIONS

Actions proposed in this Recommendation having budgetary implications will be supported within the existing resources of the Erasmus+ Programme, as well as possibly, Horizon 2020 or European Structural and Investment Funds, provided that provisions of the relevant basic acts foresee such support. This initiative does not prejudge the negotiations on the next Multiannual Financial Framework and future programmes.

No additional resources will be required from the EU budget.

5. OTHER ELEMENTS

Implementation plans and monitoring, evaluation and reporting arrangements

Progress will be followed through meetings of the newly formed Education and Training 2020 Working Group for Early Childhood Education and Care, which will provide a forum for mutual learning and exchange of good practice.

The European Semester will remain an essential instrument to monitor the provision of quality early childhood education and care services, also with regard to the Barcelona target 42 , and will provide further guidance to Member States, including by using country-specific recommendations where appropriate.

A possible new benchmark on the provision of early childhood education and care services will be subject to further discussion with Member States. This may include a possible revision of the Barcelona target for the provision of formal childcare, possible benchmarking in the context of the European Semester, as well as the revision of the benchmark defined in the Strategic Framework for European cooperation in education and training (Education and Training 2020) 43 .

The Commission will report to the Council on the progress of the implementation of the Recommendation in line with reporting modalities of the Strategic Framework of cooperation in Education and Training.

Explanatory documents (for directives)

Not applicable.

Detailed explanation of the specific provisions of the proposal

1.

Member States Provisions


The proposal recommends that Member States improve access to and the quality of early childhood education and care services. The proposal puts forward the EU Early Childhood Education and Care Quality Framework in its Annex.

The proposal invites Member States to address the main challenges of their early childhood education and care sectors and includes policy options that aim at:

·ensuring that early childhood education and care services are accessible, affordable, and inclusive;

·supporting the professionalisation of staff depending on existing levels of professional qualification and working conditions;

·enhancing the development of early years' curricula so that they can meet wellbeing and educational needs of children;

·promoting transparent monitoring and evaluation of services at all levels of governance;

·ensuring adequate funding and a legal framework for the provision of services, including creating and maintaining tailored national or regional early childhood education and care Quality Frameworks.

2.

Commission Provisions


The Recommendation proposes to welcome the Commission's intention to:

·Facilitate the exchange of experiences and good practices among Member States in the context of the Strategic Framework of cooperation in education and training (Education and Training - ET2020);

·Make European Union funding available for the support of improvements in the availability and quality of services, particularly through the Erasmus+ programme and the European Structural and Investment Funds;

·Following consultations with Member States, propose to review the Education and Training 2020 benchmark, the Barcelona targets, as well as possible benchmarking of early childhood education and care in the context of the European Semester and the implementation of the Pillar of Social Rights.