To begin our discussion, we need to take a look at the history and applicable legislation regarding Brazilian education.

We began with the Federal Constitution of 1988. It was with the enactment of this legislation that daycare centers and preschools became part of the education sector, marking a major step toward moving beyond the welfare-based approach to programs aimed at this age group.

By stipulating that “the State’s duty regarding education shall be fulfilled by guaranteeing,” among other things, “daycare and preschool services for children aged 0 to 6 (Art. 208, subparagraph IV),” the Constitution establishes an obligation for the educational system, unlike the situation that existed previously, when daycare centers fell under the purview of Social Services. For this reason, even today, daycare services still carry this welfare-oriented bias.

The recognition of daycare centers and preschools as educational institutions is due to advances in childhood studies and the historical-social conception of the child, which have established “education” and “care” as inseparable pillars of the child development process.

It used to be very common to hear that daycare spots were given priority to working mothers; however, since the 1988 Federal Constitution, daycare has been considered a form of education and a right for all children.

So what now? If the daycare center isn't a welfare-based facility, should it be open during school breaks—that is, when school isn't in session?

The answer could be yes or no.

Given that the three pillars of early childhood education are: Care, Education, and Play, it is understood that during school breaks, school facilities can focus on providing Care and Play.

However, if we take into account that education and care are inseparable—as we, as education professionals, have studied and advocated—it follows that no, daycare centers should not provide services outside the school year, since they must adhere to the structure of the education system, which requires 200 school days or 800 instructional hours in early childhood education.

Meanwhile, in June 2021, the Chamber of Deputies’ Education Committee approved Bill No. 351/2015, which amends the Law on Guidelines and Foundations of National Education (LDB) to require that early childhood education schools—which are the responsibility of municipalities—provide supplemental services during school vacations.

Once approved, the rule must be followed by public schools and private schools participating in the program. According to the text, each year, parents or guardians must indicate, at the time of enrollment, whether they need supplemental care during school breaks.

Originally, the proposal required daycare centers to remain open during school vacations and breaks. The rapporteur, however, chose to replace this requirement with the provision of supplemental services. These services will be provided in coordination with other areas of municipal administration, such as health, culture, sports, and social services, including for funding purposes.

Therefore, it is clear that these services provided during non-school periods should not be the sole responsibility of the Department of Education; they may involve partnerships and funding from other departments, such as Social Services, Culture, and Sports.

And finally, I’d like to offer the following thought: what’s best for the child?

It is extremely important that children also have the right to vacations—the right to take a break from their daycare routine and spend time with their families.

Therefore, I recommend that families who have the opportunity to schedule their vacations to coincide with school breaks do so. As a last resort, if this is not possible and there are no close relatives who can watch the child during the break, it is their right to take advantage of this service.

Finally, public officials should note the following guidance: there is no requirement to open all daycare centers in the municipality, and care does not necessarily have to be provided in a “daycare” setting. A study can be conducted, using data and evidence regarding families in need of this care, to organize the provision of the service in hubs, including in partnership with other departments, such as Social Assistance, Sports, and Culture.

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*This text does not necessarily reflect the opinion of Bett Brasil.