The question of a municipality’s obligation to offer preschool when parents combine parental leave with studies

Summary of the decision: Pursuant to Section 5 of Chapter 8 of the Swedish Education Act (SFS 2010:800), the children of parents who are studying must be offered a preschool place to the necessary extent with regard to the parents’ studies. Pursuant to Section 6 of the same act, children of parents who are on parental leave pursuant to the Swedish Parental Leave Act (SFS 995:584) to care for another child must be offered at least three hours of preschool per day, or 15 hours a week.

This regulation does not exclude children who meet the criteria for preschool pursuant to Section 6 from the application of Section 5. Nor is there anything to suggest that the introduction of Section 6 permits a municipality to reduce the hours of preschool offered to the children of students. So, as a point of departure, a child must be offered a preschool place to the necessary extent with regard to the parents’ studies.

In the opinion of the Chief Parliamentary Ombudsman, there is no reason to differentiate distance education from studies undertaken at a school or higher education institution in the application of Section 5.