Justice chancellor: Municipal support for private kindergarten fees optional

Chancellor of Justice Ülle Madise says local governments are not required to subsidize private kindergarten attendance if a child has access to a public kindergarten.

The justice chancellor's opinion followed a complaint from a Raasiku Municipality parent denied support for attending a private Waldorf kindergarten after the child had been offered a spot at a municipal facility.

The parent questioned whether families have the right to choose a child's kindergarten based on educational preferences and whether the recommendation to transfer a child to another kindergarten is in the child's best interests.

The parent also asked whether siblings in the same private kindergarten qualify for monthly fee support and whether municipalities must consider the challenges posed by children in one household attending different kindergartens.

Madise acknowledged the family's concerns but said they cannot demand subsidies for private kindergarten attendance if a municipal place is available, even if the private institution follows a different educational approach.

She added that when offering enrollment, local governments must consider whether the kindergarten or kindergartens in question are reasonably accessible to the family, including in cases where siblings attend different institutions.

The justice chancellor explained that Estonia's constitutional right to education includes early child education but does not obligate the state or local governments to fund it.

Under Estonian law, local governments must ensure access to kindergarten or daycare upon request for children aged 1.5–3. However, it remains up to local governments to decide whether and to what extent they will provide such enrollment in public or private institutions.

"That means a municipality may provide enrollment exclusively in its own childcare facilities," Madise said, adding that parents cannot demand enrollment at a private kindergarten specifically.

The justice chancellor noted that support for private kindergarten attendance is voluntary and local governments have broad discretion in deciding whether and on what conditions to provide it.

She added that even if a municipality has failed to meet its obligation to provide enrollment at a municipal kindergarten, that alone does not create a legal duty to fund attendance at a private kindergarten.

If a municipality can provide a child a spot in its own kindergarten, however, it is unreasonable to expect it to financially support a family that opts for a private kindergarten instead.