1The Preschool Act
No. 90, 12 June 2008

CHAPTER I
Scope and Objective
Article 1
Scope
This Act covers preschool activities. The preschool constitutes the first level of
education in the school system and is intended for children below the compulsory
school age. Under this Act, the preschool undertakes at the request of parents, theupbringing, caring and education of children of preschool age.
According to this Act, parents are defined as those individuals that are responsible
for the legal custody of children according to the definition of the Children’s Act.
Article 2
Objective
Children’s interests and welfare shall be the primary mission of all preschool
activities. Children shall be provided with care and education, offered a healthy andencouraging environment to grow up in, as well as safe conditions to learn and play.
Learning through play shall be encouraged in a creative environment where children
enjoy a variety of possibilities to grow. Preschool practice and methods shall becharacterised by tolerance and affection, equality, democratic cooperation,
responsibility, concern, forgiveness, respect for human values and the Christian
heritage of Icelandic culture.
The main objectives of upbringing and instruction in the preschool shall be:a. To monitor and encourage children’s general development in close cooperation
with parents
b. To provide systematic linguistic stimulation and contribute to common skills in
the Icelandic languagec. To provide children with mental, intellectual and physical care according to theneeds of each individual, so that they may enjoy their childhood
d. To encourage children’s broadmindedness and strengthen their moral valuese. To lay the foundation necessary for the children to become independent,
autonomous, active and responsible participants in a democratic society which isundergoing rapid and continuous development
f. To cultivate children’s expressive and creative abilities with the aim ofstrengthening their self esteem, health awareness, confidence and communication
skills1

2
CHAPTER II
Preschool Administration
Article 3
Administration
The Minister of Education, Science and Culture governs the affairs covered bythis Act, excluding matters regarding foundation and management of preschools, cf.
Chapter IX. The Minister of Education, Science and Culture shall ensure compliancewith the provisions of this Act and any Regulations issued thereof, cf. Chapter V.
The Minister of Education, Science and Culture reports to Althingi (the Icelandic
Parliament) every three years on the implementation of preschool activities in Iceland.
Article 4
Local authorities
Local authorities are responsible for preschool operations. Local authorities shalltake the initiative of ensuring places for children in preschool and are responsible forthe general organisation of school operations of the municipality’s preschools, thedevelopment of individual preschools, housing and facilities, special solutions onoffer in preschools, specialist services, evaluation and monitoring, informationcollection and distribution as well as for the implementation of preschool activities in
the municipality. Local authorities shall formulate a general policy for preschool
operations in the municipality and present it to its inhabitants.
A preschool committee, elected by the local authorities, shall be in charge ofpreschool affairs on behalf of the local authorities. Preschool head teachers, preschool
personnel and parents of the municipality shall each elect one representative and one
alternate to represent them in the committee meetings, with the right to speak andpropose a motion.
Article 5
Preschool head teacher
The preschool shall have a head teacher who is the director of its operations onbehalf of the operating body. The preschool head teacher administers daily operations
and activities of the preschool and ensures that preschool activities comply with law
and Regulations, the National Curriculum Guide for Preschools and other current
provisions. The preschool head teacher shall encourage cooperation between parents,preschool personnel and other professionals, with children’s welfare as main
objective. The preschool head teacher calls meetings of teachers and personnel as
needed.
The preschool head teacher shall report to the preschool operators and the local
authorities on preschool activities in an annual report.

CHAPTER III
Preschool Personnel
Article 6
Recruitment
Upon recruitment of preschool head teacher and preschool personnel, provisionsof the Local Government Act shall apply as well as further provisions of the local
government board agreement as applicable.

2

3
Preschool head teacher, assistant preschool head teacher and preschool teachers
shall have completed preschool teacher education according to the Act on Education
and Recruitment of Teachers and Head Teachers in Pre-School, Compulsory Schooland Upper Secondary School. Non-skilled personnel may participate in the care andeducation of children, provided that skilled preschool teachers are not available. A
Regulation may stipulate further the preschool head teacher’s instructional andadministrative role towards other preschool personnel.
Individuals who have been convicted for breaking provisions of Chapter XXII of
the Criminal Act may not be hired for this purpose. Upon recruitment, the person’s
criminal record shall be available or the head teacher be authorised to obtain
information from the official charge sheet.
Article 7
Personnel
Preschool personnel shall carry out their job in a professional, attentive andconscientious manner. All personnel shall show politeness, consideration and subtlety
in their demeanour towards children and parents as well as co-workers.
The preschool head teacher shall take the initiative to formulate a plan of how toorganise lifelong learning for the personnel, to best comply with the emphasis of thepreschool, the municipality and the preschool curriculum guide.
Preschool head teachers and preschool teachers shall, according to the local
authorities’ decision and provisions in general wage agreements, offered the chance toparticipate in lifelong learning with the purpose of enhancing their professional
competences, to study the latest development in preschool matters and pedagogy andget support concerning innovation and development.
Article 8
Obligation of confidentiality
Preschool personnel is obliged to observe confidentiality in regard to the situationof children and parents of which they gain knowledge in their work and shall be
regarded as confidential according to law, superiors’ instruction or by nature of thematter. The obligation of confidentiality remains even after the staff member
concerned leaves the job.
The obligation of confidentiality of preschool personnel does not include matterswhich may be appealed according to law. The head-teacher shall emphasise theseobligations to the personnel, especially the obligatory notification according to theChild Welfare Act

CHAPTER IV
Parents and Parent Council
Article 9
Parents
Parents of preschool children shall look out for the interests of their children. They
shall consult closely with preschool personnel and follow their children’s schoolingand provide all requested information, which might matter for the organisation ofpreschool activities and for the children’s welfare. Parents shall also have the right toinformation about school activities and their children’s situation.

3

4
In the case of parents who are not native speakers of Icelandic or who use sign
language, the school shall endeavour to ensure interpretation for all informationnecessary for communication between parents and school on the basis of this Article.
Article 10
Cooperation between parents and preschool personnel
The preschool head teacher shall encourage cooperation between parents andpreschool personnel with the children’s welfare as main objective. Should there be awish to establish a parents’ association, the preschool head teacher shall assist in its
foundation.
Article 11
Parent Council
The preschool shall elect representatives for a parent council and the preschool
head teacher shall take the initiative for council elections. At least three parents shallsit on the parent council. Elections for the parent council shall be every September fora one-year term at a time. The parent council shall define its own rules. The preschool
head teacher can apply to the municipality for exemption of founding a parent council
if there are valid reasons for the exemption, such as a small number of preschool
children.
The role of the parent council is to provide reference to the preschool and thecommittee cf. Article 4, paragraph 2, on the preschool curriculum guide and otherplans for preschool operations. The council shall also follow closely the
implementation of the school curriculum guide and other plans within the preschool,
as well as the presentation thereof to parents. The parent council shall have the rightfor reference regarding all major changes in preschool activities.

CHAPTER V
Preschool Housing and Facilities
Article 12
Housing and number of children in preschools
The structure of preschool housing and facilities shall take into account the needsof children and the activities carried out in preschool. Emphasis shall be placed onproviding a safe and spacious study and work environment. Buildings and all otherfacilities shall be aimed at ensuring safety and well being of children and personnel
with regard to convenient furnishing, sound setting, lighting and air-conditioning.
Special space shall be allocated for specialist services for children with special needs
as well as facilities for staff.
On determining the number of children for each preschool, various factors shall betaken into account, such as age distribution and special needs of children, their lengthof stay, the size of the space for instruction and play and composition of personnel.
The Minister of Education, Science and Culture shall issue a Regulation regardingpreschool premises and facilities in cooperation with the Association of Local
Authorities. The Regulation shall stipulate e.g. children’s safety requirements andaccident prevention, the minimum requirements made for housing andaccommodation for children and staff, children’s daily length of stay and facilities forservices for children with special needs.

45

CHAPTER IV
Curriculum Guides and Cooperation between School Levels
Article 13
National curriculum guide
The Minister of Education, Science and Culture issues a National Curriculum
Guide for Preschools, which shall be revised on regular basis. It shall stipulate themain objectives of preschool activities and the preschool’s role in providing
upbringing and education, cf. Article 2. The National Curriculum Guide shallemphasise the value of play in all preschool activities. It shall also address theobjectives of preschool studies, parent cooperation, innovation and development,
evaluation of preschool activities and the connection between the preschool and thecompulsory school. The National Curriculum Guide shall define learning outcomesfor preschool studies, based on children’s age and maturity.
Upon entry into force of the National Curriculum Guide for Preschools, anadvertisement shall be issued in the B-section of the Law and Ministerial Gazette.
Article 14
School curriculum guide and operational plan
Each preschool shall issue a school curriculum guide under the responsibility ofthe preschool head teacher. The school curriculum guide is a more detailed version of
the National Curriculum Guide for Preschools, and includes the preschool’s
operational plan for upbringing and education with objectives and defined ways toreach those objectives. The school curriculum guide shall take into consideration thepreschool’s characteristics and the educational policy of the municipality in question.
The school curriculum guide shall be revised regularly.
The preschool head teacher issues annually a special operational plan. The
operational plan shall provide information on annual activities of the preschool, suchas the preschool calendar and other aspects concerning preschool activities.
The school curriculum guide and the operational plan shall be confirmed by acommittee cf. Article 4 paragraph 2, after a reference by the parent council andpresentation for parents.
Article 15
Preschool venture fundA venture fund shall support development and innovation in school activities
according to official policy and the National Curriculum Guide for Preschools.
Contributions shall be made to the fund from the annual national budget. The Ministryof Education, Science and Culture shall administer the fund and issue a regulation forallocation of grants. There shall be one common fund for preschools, compulsory
schools and upper secondary schools.
Supervision of the fund and its grants may be delegated to an institution under the
auspices of the Ministry of Education, Science and Culture, or to other relevant
parties.
Article 16
Cooperation between preschool and compulsory school
The local authorities shall establish an interactive cooperation between thepreschool and the compulsory school. The school curriculum guide shall provide

56
information on the cooperation between the preschool and the compulsory school andon how to organise children’s transfer and adaptation between school levels.
Personal information about each child in preschool that is necessary for the child’s
welfare and adaptation in compulsory school shall follow the child, provided that fullconfidentiality is ensured and that procedures take into account provisions of current
legislation on personal protection and personal information. This information shall bepresented to parents. Evaluation of the information and the initiative andresponsibility for communicating it shall be the responsibility of the preschool headteacher or other specialists from the municipality according to its decision.
The Minister of Education, Science and Culture shall issue a Regulation regarding
deliverance and communication of information between preschool and compulsory
school, stipulating e.g. the kind of information covered by this Article, the treatment,elimination and deliverance of information between school levels and the position andrights of parents to access information concerning their children.

CHAPTER VII
Evaluation and Quality Control of Preschool Activities

a.

b.
c.
d.

Article 17
Objective
The objectives of evaluation and quality control in preschools are:
To provide information about school activities, school achievements anddevelopment to educational authorities, preschool personnel, receiving schools
and parents
To ensure that school activities are according to law, Regulations and National
Curriculum Guide for Preschools
To increase the quality of education and school activities and encourage
improvements
To ensure that children’s rights are respected and that they get the service they areentitled to according to law

Article 18
Internal evaluation
Each preschool shall systematically evaluate the achievements and quality ofpreschool activities cf. Article 17, with active participation from preschool personnel,
children and parents as relevant.
The preschool issues publicly information on its internal evaluation, itsconnections with school curriculum guide and plans for improvement.
Article 19
External evaluation by municipalities
Municipalities shall administer evaluation and quality control of preschool
activities and provide the Ministry of Education, Science and Culture withinformation about implementation of preschool operations, internal evaluation of thepreschool, external evaluation by municipalities, process of preschool policy and planfor improvement.
Municipalities shall follow up on internal and external evaluation, so that such
evaluation leads to improvements in preschool operations.

6

7
Article 20
External evaluation by the Ministry of Education, Science and Culture
The Ministry of Education, Science and Culture administers the analysis anddissemination of information regarding preschool activities on the basis of
information provided by the municipalities cf. Article 19, and on autonomous datacollection.
The Ministry of Education, Science and Culture sets an agenda for three years at atime regarding surveys and assessments that aim at providing information on
implementation of this Act, of the National Curriculum Guide for Preschools andother school activities.
The Minister of Education, Science and Culture shall issue a Regulation regarding
internal and external evaluation and regarding the municipalities’ duty to provide
information in consultation with the Association of Local Authorities.

CHAPTER VIII
Specialist Services and Support System in Preschools
Article 21
Organisation of specialist services
Municipalities shall organise specialist services for preschools. Specialist services
include support for preschool children and their families, as well as support forpreschool activities and its personnel. The municipalities shall determine theorganisation of specialist services and endeavour to provide the services within thepreschool itself.
Specialist services for preschools may be operated jointly with specialist services
for compulsory schools. Municipalities can then cooperate in operating the services orconclude a service agreement with other municipalities, institutions or other parties
that provide the service needed at each time.
The Minister of Education, Science and Culture shall issue a Regulation regarding
specialist services in preschools in consultation with the Association of Local
Authorities.
Article 22
Implementation of specialist services
Children who need special assistance and training according to evaluation byrecognised diagnostic specialists are entitled to such services within the preschool.
The service shall be carried out under specialist supervision according to decision by
the preschool head teacher and the specialist services, cf. Article 21, with the parents’collaboration.
The preschool head teacher shall coordinate the work of those that take care ofmatters concerning individual children cf. Article 21. The municipality social services
shall also be consulted in matters concerning individual children as needed.
When organising specialist services, municipalities shall emphasise goodconnection between the preschool and compulsory school with the aim of reachingcoherence in school activities.
Article 23
Preschool education specialists

78
Municipalities shall recruit preschool education specialist to provide counsellingand support to preschools regarding innovation and development in preschool
activities. They shall also take care of monitoring preschool operations and encourage
cooperation between preschools as well as between school levels.

CHAPTER IX
Establishment and Operation of Preschools
Article 24
Announcements
Local authorities shall announce their intention of establishing a new preschool orof closing down a preschool to the Ministry of Education, Science and Culture.
Article 25
Permission to operate a preschool
Local authorities may grant permission to third parties for building and operatinga preschool as non-profit organisations, as limited companies or as other recognised
legal forms. The consent of the municipality may be subject to a certain maximum
number of children. Same law and regulations shall apply to those preschools as toother preschools as applicable according to this Act. The preschool in question shalle.g. apply provisions of the Administrative Procedures Act in making decisions thatare subject to right of appeal cf. Article 30 of this Act. However, this does not apply
to decisions regarding fee collection. Municipalities shall lay down the rules for
granting an operating permit. They shall be issued publicly and be accessible to themunicipality’s inhabitants.
The rights and duties of the operating body shall be clearly stipulated in theoperation permit. The operation permit shall cover specifically the personnel’s
obligation of confidentiality cf. Article 8; housing and number of children cf. Article
12; the structure of the preschool curriculum guide cf. Article 14; the obligation of theoperating party to evaluate achievements and quality of preschool activities on aregular basis cf. Article 18; the duty to provide the municipality with information anddata with regard to monitoring cf. Article 19 and the organisation and implementationof specialist services cf. Articles 21 and 22. Local authorities can make an agreementwith the preschool in question regarding organisation of services and fee collection.
The local authorities shall notify the Ministry of Education, Science and Cultureof each new operating permit, as well as of any expired operating permit.

Article 26
Rules for enrolment
Local authorities may devise their rules regarding preschool enrolment within themunicipality, given that the preschool in question receives funding from local
government funds. These rules shall take into account the situation of children andparents as well as the situation in the municipality’s preschools.
The local authorities’ rules cf. this Article shall be issued publicly and beaccessible to the municipality’s inhabitants.
Article 27
Fee collection8

9
Local authorities may determine fee collection for a child’s preschool attendance,
but the fee collected for each child may not exceed the average real cost incurred byeach child’s attendance in preschools operated by the municipality.
Provisions of this Article do not cover preschools that have been granted
operational permit cf. Article 25, unless stipulated in an agreement between amunicipality and a body holding an operational permit cf. Article 25.
Article 28
Cooperative operation
Municipalities, two or more, may cooperate in operating a preschool, cf. Chapter
VIII of the Local Authorities Act. An agreement shall be concluded between themunicipalities stipulating the role of the board cf. Article 4, paragraph 2. Should themunicipalities choose to run a preschool in the form of a municipal cooperative unit
cf. Article 82 of the Local Authorities Act, the board of the municipal cooperative unit
shall take on the role of a committee cf. Article 4, paragraph 2, unless a special
committee is established by the municipal cooperative unit to carry out that role.
Provisions on such a committee shall be stipulated in the agreement for the municipal
cooperative unit establishment.
Should municipalities cooperate in running a school at preschool level, withchildren from a particular municipality attending preschool operated by anothermunicipality, agreements between municipalities cf. Article 5 of the Compulsory
School Act shall apply. If a number of children from one municipality attendspreschool in another municipality on these grounds, the municipalities in question
may conclude in their agreement with the local authorities, that a representativeelected by the local authorities of the municipality where the children have their legal
residence, sit on the committee cf. Article 4, paragraph 2, of the receiving
municipality, with the right to speak and propose a motion.
Municipalities may cooperate in running a preschool, compulsory school andmusic school managed by one head teacher, given the consent of the committee cf.
Article 4, paragraph 2. The director of such an institution shall have professionalrights to work as teacher at preschool and/or compulsory school level. Local
authorities may decide that a parent council cf. Article 11 and a school council cf.
Article 8 of the Compulsory School Act shall operate jointly as one council. This
provision shall apply also for schools operated cf. paragraph 1.
The cooperative school shall be operated in all other respects according tolegislation for the relevant school levels.
Article 29
Experimental preschools
The Minister of Education, Science and Culture may authorise municipalities andprivately run preschools to organise experimental and developmental preschools or tocarry out experiments in particular aspects of school activities by exempting themfrom provisions of this Act, Regulations issued thereof, and from the National
Curriculum Guide for Preschools. Reasonable time limits shall always be stipulated
for such experiments and provisions made for their evaluation upon conclusion of theexperiment.
Financial support may be provided for experimental preschools as well as for
special innovations to the extent permitted by the national budget at each time.

910
CHAPTER X
Conflict Resolution
Article 30
Right of appeal
Decisions on the rights of individual children which are made on the basis of
Article 22 on the right to special support and training, on school attendance cf.
Articles 4 and 26, and on fee collection for preschool attendance cf. Article 27, may
be referred to the Minister of Education, Science and Culture. In the case of appeal,
procedure shall be as specified in the Administrative Procedure Act.
The local authorities may conclude in an agreement on the municipality’s
administration that the matter shall first be referred to a committee cf. Article 4,paragraph 2, or to another particular body within the municipality’s administration,
before a decision may be appealed cf. paragraph 1. Should this authorisation beapplied, the local authorities shall determine whether this right of appeal applies topart of the decisions cf. paragraph 1 or to all of them. In the case of appeal at themunicipality level, procedures shall be as specified in the Administrative Procedures
Act.
Should a decision be taken on behalf of the municipality cf. Article 22 of this Act
on the right for special support and training, or on preschool access cf. Articles 4 and26, not be considered to be according to law, the Minister of Education, Science andCulture may rule, on account of an administrative procedures appeal, that themunicipality in question shall provide the child with such training or support or withpreschool access.
CHAPTER XI
Entry into Force, etc.
This Act shall enter into force on 1 July 2008. At the same time, the Preschool Act
no. 78/1994 shall be repealed.
Temporary Provisions
Regulations, advertisements and other provisions issued according to Act no.
78/1994 with later amendments shall remain valid as long as they do not conflict withthis Act, until new regulations, advertisements or other legislation has come into
effect.

10