Study on educational support for newly arrived migrant children

Study on educational support for newly arrived migrant children Annex 2: Policy framework for the education of migrant children January 2013 1 Written by

January 2013 2

Annex 2: Policy framework for the education of migrant children The focus of the study is on European policies, but international developments are also taken into account. Therefore, the review starts with an assessment of policy developments in the framework of the United Nations, the Council of Europe and then looks more specifically at the EU context. 1.1. Global context: United Nations The Universal Declaration of Human Rights of 10 December 1948 stipulated that education shall be free, at least in the elementary and fundamental stages. It went on to declare that education shall promote understanding, tolerance and friendship among all nations, racial or religious groups 1. Although the Declaration does not constitute a legal obligation for the Member States of the UN, it is part of international customary law 2 and thus can be used to exert moral and diplomatic pressure. More than a decade later, the UN Declaration of the Rights of the Child of 20 November 1959 confirmed the child s right to free and compulsory education (at least elementary) that would promote his/her general culture and enable the child to develop his/her abilities 3. This was, however, again a non-binding resolution. Enforceable legal documents regarding access to and equality in education have been also produced in the UN framework. Unlike the UN Declarations, the UNESCO Convention against Discrimination in Education of 14 December 1960 obliged State Parties to discontinue any discriminatory practices in education and specifically demanded them to give foreign nationals resident within their territory the same access to education as that given to their own nationals 4. Most of the EU Member States have ratified the Convention, thereby recognising the obligations arising from it. The UN Convention of the Rights of the Child of 20 November 1989 is also a legally binding document that has been ratified by an overwhelming majority of the UN Member States, including all the EU countries. The Convention guaranteed a child s right to education, including free and compulsory primary education, as well as availability and accessibility of educational information and guidance. The State Parties obligation to ensure attendance and reduce early school leaving was established. Among other things, its signatories agreed that their education policies should respect the child s own cultural identity, language and values, [...] 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 5. To conclude, the UN documents have established the child s right to free and compulsory education and outlawed discrimination of foreign-nationality residents in host countries education. In addition, the states were obliged to respect the cultural identity of migrant pupils. 1.2. European policy context: Council of Europe 1 Article 26 (1-2) of the Universal Declaration of Human Rights, 10 December 1948. 2 Cançado Trindade, Antônio Augusto, Universal Declaration of Human Rights, Paris, 10 December 1948. United Nations, 2008. http://untreaty.un.org/cod/avl/ha/udhr/udhr.html [Accessed 7 April 2011]; Bailey, Peter, The Creation of the Universal Declaration of Human Rights. Universal Rights Network, 1998. http://www.universalrights.net/main/creation.htm [Accessed 7 April 2011]. 3 Principle 7 of the UN Declaration of the Rights of the Child, 20 November 1959. 4 Article 3 of the UNESCO Convention against Discrimination in Education, 14 December 1960. 5 Articles 28-29 of the UN Convention of the Rights of the Child, 20 November 1989. January 2013 3

The Council of Europe also shapes the European policy context of migrants education in their host country. Two of its documents are relevant for the education of migrant children. Like the UN documents, Protocol 1 of the European Convention of Human Rights of 4 November 1950 guarantees the right to education, adding it should respect the beliefs of the child s parents 6. More specific is the General Policy Recommendation No. 10 On Combating Racism and Racial Discrimination In and Through School Education adopted on 15 December 2006 by the Council s European Commission on Racism and Intolerance (ECRI). The Recommendation proposed a comprehensive set of measures aimed at safeguarding the rights of pupils from minority groups in schools. Suggested measures concern 7 : the pupils themselves preparatory classes for host country language training 8 ; their parents use of interpreters or language courses for parents to improve communication with the school; other pupils diversity awareness-raising measures; teaching staff recruiting teachers from minority backgrounds and diversity training for staff. The right to education enshrined in the European Convention of Human Rights is not wider than provided for by the UN. Yet the General Policy Recommendation No. 10 is a detailed digest of policy measures that could help the integration of migrant students into the host country s education system. Most of its suggestions are directed towards governments: the document advised them to collect statistics on minority groups attendance, completion, early school leaving, attainment and progress rates; to implement policies to facilitate their integration in the school environment; to avoid school or class segregation; to revise textbooks to reflect diversity of the society; and to remove racist material 9. 1.3. EU policy framework Finally, there are the standards developed by the EU. The issue of education of newly arrived migrant children cuts across several policy areas of EU action. They can be conceptualised as follows: fundamental rights, equality and anti-discrimination; migration and integration; social inclusion and cohesion; education and training. Clearly, most of the EU initiatives in this field fall under education and training. However, the EU only has competence for supporting or coordinating action in the area of education and training as well as in that of social policy. Member States thus discuss their policies in these areas through the Open Method of Coordination (OMC). In migration matters, Member States share their competence with the EU. Minority rights and equal treatment are also guaranteed under fundamental rights and in EU antidiscrimination legislation, which is legally binding for the Member States in most cases. The discussion below reviews the developments in each of these EU policy areas. 6 Article 2 of Protocol 1 of European Convention of Human Rights, 20 March 1952. 7 European Commission on Racism and Intolerance, General Policy Recommendation No. 10 On Combating Racism and Racial Discrimination In and Through School Education, 15 December 2006. 8 However, this should not be taken as an argument in favour for separate migrant classes The Recommendation suggests using preparatory classes for language acquisition only if this is justified by objective and reasonable criteria and is in the best interests of the child (European Commission on Racism and Intolerance, General Policy Recommendation No. 10 On Combating Racism and Racial Discrimination In and Through School Education, 15 December 2006). 9 Ibid. January 2013 4

Fundamental rights, equality and anti-discrimination This area of EU action comprises issues of human rights, rights of the child and legislation aimed at ensuring equality. Corresponding values have been embedded in the EU founding treaties. The Charter of Fundamental Rights codified the rights pertaining to Europeans 10. The Charter of Fundamental Rights of the EU adopted in 2000 became legally binding as part of the Treaty of Lisbon from December 2009. Its provisions stipulate the right to equal treatment in education for children and young people with migrant backgrounds, regardless of their nationality and legal status. However, there are several limitations to its enforcement 11. The Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin prohibits racial discrimination in education, among other spheres 12. Provisions of the so-called Race Equality Directive must be implemented in all Member States. Recently there has been some progress in the EU towards a more coordinated approach to implementing children s rights in particular. In 2006, the Commission published the Communication Towards an EU strategy on the rights of the child. It called for an EU strategy in the field of children s rights, arguing that such a move would add value due to mainstreaming of children s rights and mutual learning between Member States 13. Afterwards, the Commission asked the EU Fundamental Rights Agency (FRA) to develop indicators for measuring the implementation of children s right EU-wide 14. Three years later, the FRA released the report Developing Indicators for the Protection, Respect and Promotion of the Rights of the Child in the European Union (2009) and proposed a set of indicators to assess children s welfare in the EU. The indicator area of education is the most relevant for this study, especially its two groupings accessibility and adaptability of education 15. These indicators present a conceptual grid for analysis, but a dataset that could be used for actual analysis across countries is not yet available. 10 Huttova, Jana, Elif Kalaycioglu, and Lina Molokotos-Liederman, The Education of Migrant Children: An NGO Guide to EU Policies and Actions. Open Society Foundations: Education Support Program, November 2010, p. 62. Available at: http://www.soros.org/initiatives/esp/articles_publications/publications/education-migrantchildren-20101130/education-migrant-children-20101130.pdf [Accessed 8 March 2011] 11 Three countries (Czech Republic, Poland, and UK) have opted out from enforcing it as a legally binding document. Furthermore, in areas outside EU competence (including education) national laws must be enacted, even in cases of collision with the Charter. Finally, it is only the civil and political rights that are considered fundamental, whereas the right of education falls under the social and economic ones. Huttova, Jana, Elif Kalaycioglu, and Lina Molokotos-Liederman, The Education of Migrant Children: An NGO Guide to EU Policies and Actions, p. 63. 12 See Article 3 in European Council, Directive of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, (2000/43/EC). 13 European Commission, Towards an EU strategy on the rights of the child, Communication from the Commission, 4 July 2006 (COM(2006) 367 final). 14 European Union Fundamental Rights Agency, Making Child Rights a Reality: FRA Indicators represent first step towards targeted policies. Vienna, 25 March 2009. Available at: http://194.30.12.221/frawebsite/attachments/mr-rightsofchild-indicators-summ_en.pdf [Accessed 31 March 2011]. 15 Within the indicator group Accessibility of Education, an indicator Existence of legal right for separated/ migrant children to access education at all levels on an equal basis as nationals is foreseen. Under Adaptability of Education, there is Provision of specialist support in schools for non-native children. Some other indicators would be also relevant for assessing the situation of migrant students if the data is disaggregated by certain groups. See European Union Agency for Fundamental Rights, Developing indicators for the protection, respect and promotion of the rights of the child in the European Union: Summary Report. March 2009, p. 45-47. Available at: http://194.30.12.221/frawebsite/attachments/rightsofchild_summaryreport_en.pdf [Accessed 18 March 2011]. January 2013 5

The subsequent Commission s Communication An EU Agenda for the Rights of the Child (2011) emphasised the need to develop comparable data and mentioned education as one of the areas where children s rights must be secured 16, but did not elaborate on socio-economic inequalities in education or the situation of migrant children. In conclusion, it can be argued that the fundamental rights policy area has some potential to address the challenges experienced by migrant pupils in the EU. Like the UNESCO Convention, the Race Equality Directive prohibits discrimination in education. A new policy field has also been developing over recent years with a special focus on children s rights. If the indicators proposed by the FRA are actually developed into a dataset and monitored across the Member States, they will also shed light on the situation of migrant children in education. Migration and integration The main integration challenges experienced by newly arrived migrant children in the education systems of the EU are similar 17, but their legal status may imply they receive different treatment. Newly arrived migrant children may be citizens of another EU Member State, permanent or temporary residence permit holders from a third country, refugees or asylum seekers (who have requested to be granted the status of a refugee, but a decision is pending). The right of these groups to education is regulated by different legislation. Managing migration into the EU and integration of third-country nationals falls under the Justice and Home Affairs policy-making area, where the EU shares competence with the Member States 18. In 2010, Justice and Home Affairs issues were divided between two Directorates-General, with migration subsumed under the new Directorate-General for Home Affairs 19. Work in this field is organised according to programmes setting priorities for five-year periods. Since 1999 when the Treaty of Amsterdam created this area of policy-making, there have been three such programmes 20 : the Tampere Programme (1999-2004), the Hague Programme (2005-2010), the Stockholm Programme (2010-2014). The current Stockholm Programme does not have integration among its priorities 21. Meanwhile, legislation and policy documents pertinent to integration into education adopted during the cycles of two earlier programmes are discussed below. Within the framework of the Tampere Programme, two directives relevant for migrant education were adopted. Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers outlines the conditions for the education of asylum seekers. The so-called Reception Conditions Directive stipulates that minors should access education under similar conditions as 16 European Commission, An EU Agenda for the Rights of the Child, Communication from the Commission, 15 February 2011 (COM(2011) 60 final). 17 European Commission, Migration & mobility: challenges and opportunities for EU education systems, Green Paper, 3 July 2008 (COM(2008) 423 final). 18 However, Denmark, Ireland and UK can opt out from EU immigration and asylum law as set out in the Protocol on the application of certain aspects of Article 7a of the Treaty establishing the European Community to the United Kingdom and to Ireland and the Protocol on the position of Denmark. Protocols accompanying the Treaty of Amsterdam, 1997. 19 Directorate-General Home Affairs, Towards a common European Union immigration policy, 2010. http://ec.europa.eu/home-affairs/policies/immigration/immigration_intro_en.htm [Accessed 22 March 2011]. 20 Huttova, Jana, Elif Kalaycioglu, and Lina Molokotos-Liederman, The Education of Migrant Children: An NGO Guide to EU Policies and Actions, p. 78. 21 See European Council, The Stockholm Programme An Open and Secure Europe Serving and Protecting Citizens, Presidency Note, 4 May 2010 (2010/C 115/01). January 2013 6

nationals of the host Member State for so long as an expulsion measure against them or their parents is not actually enforced. Education may be provided in the accommodation centres where asylum seekers are placed or through the state education system, i.e. schools. Member States cannot postpone minors education for more than three months from the submission of the application for asylum and cannot withdraw it only because they have attained majority. However, the initial three-month period may be extended to one year when preparatory education arrangements are used before transferring the migrant pupils to conventional schools 22. Unless an asylum seekers application is declined and they are expelled from the country, they are granted refugee status and a residence permit. Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents addresses the rights of long-term residence permit holders. This Long Term Resident Directive stipulates that Member States have an obligation to ensure that their long-term residents receive equal treatment to nationals in education and vocational training. However, they may be required to provide a proof of proficiency in the host country s language in order to be granted access to education 23. Under the Hague Programme (2005-2010), there were also two documents important for the study. In 2004, the Council adopted Common Basic Principles for Immigrant Integration Policy in the European Union. The first principle stated that integration was a two-way process and accommodation was needed both on behalf of the Member States and the immigrants. In particular, the fourth principle said that basic knowledge of the host country s language, history and institutions was indispensable to integration and thus immigrants should be given an opportunity to acquire this knowledge. The fifth principle focused on the role of education in the process, emphasising that special attention should be given to avoid transmitting educational disadvantage across generations of migrants 24. This attitude was taken further in the Commission Communication A Common Agenda for Integration: Framework for the Integration of Third-Country nationals in the European Union (2005). For each of the basic principles, the Commission proposed specific actions that could be taken at the domestic and EU level. As regards to education, the Commission advised the Member States to reflect diversity in school curriculum and to take into account the specific problems faced by young immigrants when devising measures to prevent underachievement and early school leaving. Meanwhile, the EU institutions could contribute by incorporating integration objectives into various Commission s educational programmes, while also promoting education of third-country nationals through the Education and Training 2010 Work Programme (see below) and facilitating transparent recognition of qualifications (notably through proposals for a European Qualifications Framework) 25. It is obvious that the EU regulations on immigration can affect the chances of migrant children to receive good education. Policy documents released in this field demonstrate an in-depth understanding of the integration process and a concern to eliminate entrenched educational disadvantage among immigrants. However, the provisions of the Directives are not too strict, leaving some space for unequal access of immigrants to education, especially for asylum seekers. 22 Article 10 in European Council, Directive of 27 January 2003 laying down minimum standards for the reception of asylum seekers (2003/9/EC). 23 Article 11 in European Council, Directive of 25 November 2003 concerning the status of third-country nationals who are long-term residents (2003/109/EC). 24 European Council, Common Basic Principles for Immigrant Integration Policy in the European Union, Council Conclusions, 19 November 2004 (14615/04). 25 European Commission, A Common Agenda for Integration: Framework for the Integration of Third-Country nationals in the European Union, Communication from the Commission, 1 September 2005 (COM(2005) 389 final). January 2013 7

Social inclusion and cohesion Social inclusion policies gained a European dimension in 1974 with the adoption of the Social Action Programme. In 2000, social policies were subsumed under the Lisbon Agenda (2000-2010) that aimed to make the EU the most competitive economy by combining a strategy for growth and jobs with social cohesion. Against this background, the Social Policy Agenda was endorsed, emphasising the importance of high quality education and training and calling for equal access to it 26. In 2005, the Lisbon Strategy was refocused, but social inclusion remained on the agenda. The Spring 2008 European Council that launched the 2008-2010 cycle of the renewed Lisbon Strategy urged Member States, among other things, to improve the achievement levels of learners with a migrant background 27. By the end of the period that the Lisbon Strategy was designed for, the Lisbon Agenda was reconsidered and the European Council adopted its successor EU Strategy for Smart, Sustainable and Inclusive Growth (also called Europe 2020 in short) on 17 June 2010. This time the strategy included quantified ( headline ) targets on various policy issues, including education: a commitment to reduce the share of early school leavers to less than 10% and to ensure that at least 40% of those aged 30-34 have completed tertiary or equivalent education 28. Although the document did not mention the education of migrants specifically, their usually lower education achievement levels make them one of the natural target groups. The OMC was chosen as the instrument for coordinating Member State efforts in implementing the Lisbon strategy and, subsequently, Europe 2020. The Social OMC process allows for the sharing of good practice examples among countries, drawing attention to certain topics, measuring progress against commonly agreed benchmarks and spreading ideas that help to make social policies more effective. One of such popularised ideas was focus on child poverty and well-being, which was chosen as a topic for the 2007 thematic year. Child Poverty and Child Well-Being in the EU Current Status and Way Forward report was produced for this year and endorsed by the Social Protection Committee in 2008. It investigated the educational disadvantages of children in the Member States as one of the predictors of poverty (emphasising the transmission of this disadvantage from generation to generation) and had a special focus on migrant poverty 29. However, it came short of linking the socioeconomic poverty of migrant children with their parents education achievement levels specifically (Green Paper Migration and Mobility did this see below). Initiatives in the social policy field pay attention to migrants as one of the vulnerable and potentially excluded groups. Education is an area of their disadvantage, whereas high quality schooling provides great potential for social mobility. The 2006 commitment of the European Council to improve the performance of migrant students was clearly a step forward. Being recognised as a basic right of children, access to education was also covered in the report on child poverty in the EU. However, the Lisbon strategy and Europe 2020 have led to many more specific initiatives within the education and training policy-making area. 26 European Commission, Migration & mobility: challenges and opportunities for EU education systems, Green Paper, 3 July 2008 (COM(2008) 423 final). 27 European Council, Launching the New Cycle of the Renewed Lisbon Strategy for Growth and Jobs (2008-2010), Council Conclusions, 13-14 March 2008 (7652/08). 28 European Council, A New European Strategy for Jobs and Growth, Council Conclusions, 17 June 2010 (EUCO 13/10). 29 The Social Protection Committee, Child Poverty and Child Well-Being in the EU Current Status and Way Forward. European Commission, January 2008, p. 57-65. Available at: http://ec.europa.eu/social/blobservlet?docid=2049&langid=en [Accessed 24 th March 2011]. January 2013 8

Education and training Education and training is obviously the most pertinent area of EU policy as regards the integration of migrant children into formal education. The first document tackling this issue Council Directive on the education of the children of migrant workers was adopted as early as 1977, at a time when the European Economic Community comprised only nine countries. The Directive stated that appropriate measures to ensure that free tuition to facilitate initial reception is offered in their territory to the children [ ] including, in particular, the teaching adapted to the specific needs of such children of the official language or one of the official languages of the host State 30 would have to be taken. However, the Directive only concerned EU citizens residing in a Member State different from that of their nationality. Furthermore, decades later the Commission still maintains that the implementation of this legal act is patchy 31. More recently, education of migrants was addressed within the Comenius programme in its initial phase (1995-1999). Action 2 of Comenius (that was in turn part of the bigger Socrates programme) sought to enhance the quality and reinforce the European dimension of school education. In particular, projects funded by Comenius 2 encouraged transnational cooperation between schools, updating and improving the skills of education staff, improving the schooling of children of migrant workers, occupational travellers, travellers and Roma, and promoting intercultural awareness in education 32. It has kept some of this focus in its present form (in priorities such as addressing socioeconomic disadvantages, reducing early school leaving and teaching diverse groups of pupils 33 ), as part of the overarching Lifelong Learning Programme (2007-2013) 34. In the 2000s, moves in the area of migrant education have been related to the Lisbon Strategy and the implementation of the OMC in education. As the Lisbon Agenda highlighted the role of education and lifelong learning in achieving a knowledge society, it led to the establishment not just of the Social OMC, but also of the Education OMC process. The documents presented below feed key elements into this complex process, including common objectives, clusters and peer learning activities and reporting on the basis of benchmarks and indicators 35. Education and Training Work Programme 2010 In 2001, EU ministers of education agreed on a Strategic Framework for Cooperation in Education and Training to support the implementation of the Lisbon Strategy until 2010. It set objectives for improving European education systems. The Detailed work programme on the follow-up of the objectives of education and 30 European Council, Directive of 25 July 1977 on the education of the children of migrant workers (77/486/EEC). 31 European Commission, Migration & mobility: challenges and opportunities for EU education systems, Green Paper, 3 July 2008 (COM(2008) 423 final). 32 Directorate-General for Education and Culture, Ex-post evaluation of the Comenius 2 action under the Socrates I programme Executive Summary. European Commission, 2003, p. 3. http://ec.europa.eu/dgs/education_culture/evalreports/education/2004/comiisoci/comiisocixpsum_en.pdf [Accessed 11 April 2011]. 33 Directorate-General for Education and Culture, Comenius: Europe in the classroom. European Commission, 2011. http://ec.europa.eu/education/lifelong-learning-programme/doc84_en.htm [Accessed 8 July 2011]. 34 Lifelong Learning Programme comprises four sub-programmes Comenius for pupil and educational staff mobility in preschool and school education, Erasmus for higher education, Leonardo da Vinci for vocational education and training and Grundtvig for adult education, - as well as a cross-cutting programme (called transversal ) and the Jean Monnet programme supporting studies of European integration in higher education. See Directorate-General for Education and Training, The Lifelong Learning Programme: education and training opportunities for all. European Commission, 2011. http://ec.europa.eu/education/lifelong-learningprogramme/doc78_en.htm [Accessed 28 June 2011]. 35 Drachenberg, Ralph, The Open method of coordination in European Education and Training Policy: New forms of integration through soft policy-making. EUSA Papers, 2008, p. 8. Available at: http://euce.org/eusa/2011/papers/11l_drachenberg.pdf [Accessed 28 June 2011]. January 2013 9

training systems in Europe (Education and Training 2010), adopted jointly by the Council and the Commission in June 2002 specified the strategy for achieving those objectives. Education and Training 2010 (ET 2010) thus laid down the guidelines for the development of European education and training policies. The Work Programme integrated previous actions in the fields of education and training at the EU level, including vocational education and training under the Copenhagen Process 36, and links up to the Bologna Process 37, which is crucial in the development of the European Higher Education Area 38. Supporting active citizenship, equal opportunities, and social cohesion and increasing mobility and exchanges were among the objectives 39, but neither of the two documents mentioned the education of migrants explicitly. A few years later, the European Parliament Resolution on integrating immigrants in Europe through schools and multilingual education (2005) presented a balanced attitude towards the challenges migrant pupils were facing in European schools and the measures that the Member States could implement in order to facilitate their integration. The European Parliament recognised the need to ensure that migrant children master the host language while at the same time maintaining their right to sustain a relationship with their country and culture of origin by learning their mother tongue 40. Most importantly, unlike the Directive of 1977, the Resolution emphasised the right to state education of school-age children of immigrants, regardless of the legal status of their families in the EU state. In addition, the Parliament maintained that migrant pupils ought to be entitled to educational support provided by primary and secondary schools, especially if they lacked proficiency in the host language. It was also suggested that the opportunities to get acquainted with their mother tongue and the culture of their country of origin could be publicly funded 41. The Commission Communication Improving the Quality of Teacher Education (2007) cited the ability to work in multicultural settings among the skills necessary for present-day European teachers. In addition, the Commission argued that the teacher workforce should reflect the diversity in society more adequately also in terms of linguistic and cultural differences 42. This implies hiring teachers with a migrant background. 36 The Copenhagen Declaration (2002) called for increased European co-operation in the field of vocational education and training (VET), similar to that under the Bologna declaration in higher education. 37 The Bologna declaration (1999) called for more internationalisation of the European higher education through creating the European higher education area (EHEA). Measures have been implemented as to ensure more comparability of study programmes, increase student mobility, improve recognition, make joint efforts to strengthen the quality of education and to engage in a dialogue on curriculum contents and standards. 38 European Council, Draft 2008 joint progress report of the Council and the Commission on the implementation of the 'Education & Training 2010' work programme "Delivering lifelong learning for knowledge, creativity and innovation", Council Report, 31 January 2008 (5723/08 (EDUC 29) (SOC 46)). 39 European Council, Detailed work programme on the follow-up of the objectives of Education and training systems in Europe, 14 February 2002 (2002/C 142/01). 40 The importance of this relationship was acknowledged not in expectation that immigrant families would later go back to their countries of origin, but because migration has always been a factor shaping European identity: European history and culture have been shaped by the many overlapping and intertwined cultures embodied in the numerous peoples who, down through the centuries, have crossed territories and, for the most varied reasons, settled in particular spots, leaving traces of their languages, traditions, religions, arts, and forms of socialisation. Committee on Culture and Education, Report on integrating immigrants in Europe through schools and multilingual education (2004/2267(INI)). European Parliament, 7 th September 2005, p. 7. Available at: http://www.europarl.europa.eu/sides/getdoc.do?pubref=-//ep//nonsgml+report+a6-2005- 0243+0+DOC+PDF+V0//EN [Accessed 15 March 2011]. 41 European Parliament, Resolution on integrating immigrants in Europe through schools and multilingual education, 13 October 2005 (2004/2267(INI)). 42 European Commission, Improving the Quality of Teacher Education, Communication from the Commission, 3 August 2007 (COM(2007) 392 final). January 2013 10

The above Communication was followed by the European Parliament s Resolution on Improving the Quality of Teacher Education (2008). The Parliament also stressed that the highly diverse immigrant population meant teachers needed to possess an understanding and appreciation of diversity as well as intercultural skills. These skills were necessary not just in the process of instruction, but also in their dealings with their pupils families and their immediate local environment. Teacher exchanges (within the Commission s Lifelong Learning Programme) and foreign language learning were recommended as ways of helping teachers to improve their skills 43. The most detailed EU document on the education of migrants was the Commission Communication Green Paper on Migration and Mobility (2008). A key building block for this Green Paper was the work of the Peer Learning Cluster Access and Social Inclusion in Lifelong Learning (created in the framework of the Education and Training 2010 Work Programme), which sought to reflect on how education and training systems may foster inclusion 44. The Green Paper did not differentiate between EU and non-eu citizens, or first- and second-generation migrants. The Commission reviewed OECD 45 and PIRLS 46 data on migrant pupils performance and participation and summarised the reasons for migrants educational disadvantage, recognising that migration posed a challenge to the European education systems. However, it maintained this was a positive challenge due to migration s enriching impact the linguistic and cultural diversity that it brings to schools, necessitating the development of new teaching methods and strategies. Therefore, the Commission presented a list of positive policy examples from the Member States and the possibilities of EU-level engagement. In particular, it opened a discussion on the future of the Directive 77/486/EEC, asking whether it should be maintained as it is, adapted (e.g. in terms of scope) or repealed 47. The European Parliament responded with the Resolution on educating the children of migrants (2009). It stated that the Directive 77/486/EEC should be adjusted to include the children whose parents are non-nationals of Member States. Again, the European Parliament capitalised on the importance of the involvement of parents and the local community for the success of migrant education 48. In November 2009 Council conclusions on the education of children with a migrant background were adopted recognising the key role of education in migrant s integration and strengthening the collective nature of this endeavour. The conclusions capitalised on the importance of recognition of cultural diversity in education, language (both host and heritage) proficiency, partnerships with parents and communities and targeted support to 43 European Parliament, Resolution on improving the quality of teacher education, 23 September 2008 (2008/2068(INI)). 44 To find titles and report of the peer learning activities organised in this cluster until 2010, see Knowledge System for Lifelong Learning, Peer Learning Activities related to E&T 2010. Available at: http://www.kslll.net/peerlearningactivities/default.cfm?year=2010 [Accessed 28 June 2011]. 45 Every three years (starting from 2000), Organisation for Economic Co-operation and Development (OECD) conducts a comparative international study under the Programme for International Student Assessment (PISA) of reading, mathematical and science literacy among 15-year-olds in the participating countries. Organisation for Economic Co-operation and Development (OECD), What PISA is. Paris, 2011. http://www.pisa.oecd.org/pages/0,3417,en_32252351_32235907_1_1_1_1_1,00.html [Accessed 11 April 2011]. 46 The Progress in International Reading Literacy Study (PIRLS) is an international comparative study similar to OECD, but it only concerns the reading literacy of young students fourth-grade students in the United States and students at the equivalent stage of education in other participating countries. It was so far administered in 2001, 2006 and foreseen for 2011. National Center for Education Statistics, Progress in International Reading Literacy Study (PIRLS). Washington, 2011. http://nces.ed.gov/surveys/pirls/ [Accessed 11 April 2011]. 47 European Commission, Migration & mobility: challenges and opportunities for EU education systems, Commission Green Paper, 3 July 2008 (COM(2008) 423 final). 48 European Parliament, Resolution on educating the children of migrants, 2 April 2009 (2008/2328(INI)). January 2013 11

counterbalance educational disadvantage 49. European Member States adopted the conclusions and committed themselves to contribute to the integration of migrant children. Education and Training Work Programme 2020 In 2009 when the ten-year period for the Education and Training 2010 programme was about to elapse, the Council confirmed its successor programme Strategic Framework for European Cooperation in Education and Training 2020 to correspond with the Europe 2020 strategy. The set of objectives was modified: most importantly, promoting equity, social cohesion and citizenship became one of the four strategic objectives (upgraded from one of the 13 concrete objectives set in ET 2010). The description of this objective explicitly referred to the education of migrants: Education and training systems should aim to ensure that all learners including those from disadvantaged backgrounds, those with special needs and migrants complete their education, including, where appropriate, through second-chance education and the provision of more personalised learning 50. The OMC process, already started in ET 2010, was expanded with the introduction of indicators and targets to measure the progress of Member States. These benchmarks are related to the issues of participation and performance in formal schooling, where the rates are usually lower for immigrants. Therefore these targets are particularly relevant for migrant students. However, despite some progress, these targets were not achieved by 2010. In the new Strategic Framework, the benchmarks were adapted. The current set includes the following three targets for secondary and pre-primary education: Decrease of low achieving 15-year-olds in reading, mathematics and science to less than 15%; Decrease of early leavers from education and training to less than 10%; Increase of the percentage of children between four years old and the age of starting compulsory primary education participating in early childhood education to 95%. The Council Conclusions on the social dimension of education and training (2010) tackled all of these three aspects. Regarding the issue of low achieving pupils, the Conclusions emphasised the importance of acquisition of essential basic skills through school education. Mastering the language of the host country language was mentioned as crucial for pupils with a migrant background 51. The latest annual progress report for Education and Training Work Programme 2020 released in April 2011 argued that the targets were achievable, although the initial efforts of Member States were not ambitious enough. The report noted the increasing share of migrant pupils as a challenge for education. It devoted a separate chapter to the discussion of education indicators for migrants. Interestingly, the report found that at least in some EU countries children with migrant backgrounds participate as much or even more than natives in early childhood education. However, the likelihood for young people with a migrant background to leave education and training prematurely (without having obtained an upper secondary education) was almost double that of native students. Migrants also performed worse in reading according to PIRLS 2006 and PISA 2009 and first-generation migrants showed lower results than those of secondgeneration migrants in most countries where data is available, although differences are 49 Council conclusions on the education of children with a migrant background, 2978th Education, Youth and Culture Council meeting, Brussels, 26 November 2009 50 European Council, Conclusions on a strategic framework for European cooperation in education and training ( ET 2020 ), 12 May 2009 (2009/c 119/02). 51 European Council, Conclusions on the social dimension of education and training, 11 May 2010 (2010/C 135/02). January 2013 12

very small in some. Meanwhile, achievement differences between the two generations in mathematics were not as pronounced either 52. Summary As shown in Table 1, which lists all the documents analysed in this policy and legal context review, the documents of the United Nations and Council of Europe provide a broader framework for the education of migrants. They establish the standards for treatment of newly arrived migrant pupils in schooling. Various aspects of these standards have been elaborated and entrenched in the EU s own numerous legal and policy documents, falling into four areas of policy-making: fundamental rights, equality and antidiscrimination, migration and integration, social inclusion and cohesion, as well as education and training. The latter area has been the most pertinent to the education of migrants. The Lisbon strategy and its successor Europe 2020 gave a boost to the development of this area through the implementation of the OMC. Newly arrived migrant students are a new target group within EU policy-making that has not yet been explicitly identified and defined. Still, some EU policy papers differentiate between the first and second generation of migrants. When it is done in the context of education, first-generation migrants actually imply newly arrived migrant students, which are the focus of the current study. On the other hand, policy documents have also recognised the needs pertinent to this group of pupils - for instance, the urgency of overcoming the language barrier. The next section elaborates on newly arrived migrant students as a distinctive category of research and the challenges they encounter in the school education systems of their host countries. 52 European Commission, Progress towards the common European objectives in education and training: indicators and benchmarks 2010/2011, Commission staff working document, April 2011. January 2013 13

Table 1: European legal and policy context a review of international and EU documents addressing the education of migrant children International United Nations The Universal Declaration of Human Rights (1948) UN Declaration of the Rights of the Child (1959) UNESCO Convention against Discrimination in Education (1960) UN Convention of the Rights of the Child (1989) Fundamental Rights, Equality, and Antidiscrimination Charter of Fundamental Rights of the EU (2000) Race Equality Directive (2000) Fundamental Rights Agency report Developing Indicators for the Protection, Respect and Promotion of the Rights of the Child in the European Union (2009) Communication An EU Agenda for the Rights of the Child (2011) Council of Europe European Convention of Human Rights (1950) European Commission on Racism and Intolerance (ECRI) General Policy Recommendation No. 10 On Combating Racism and Racial Discrimination In and Through School Education (2007) European Union Migration and Integration Social Inclusion and Cohesion Education and Training Reception Conditions Directive (2003) Long Term Resident Directive (2003) Council Conclusions Common Basic Principles for Immigrant Integration Policy in the European Union (2005) Commission Communication A Common Agenda for Integration: Framework for the Integration of Third-Country nationals in the European Union (2005) Council Conclusions Launching the New Cycle of the Renewed Lisbon Strategy for Growth and Jobs (2008-2010) (2008) Social Protection Committee report Child Poverty and Child Well-Being in the EU Current Status and Way Forward (2008) Council Directive on the education of the children of migrant workers (1977) Parliament Resolution on integrating immigrants in Europe through schools and multilingual education (2005) Commission Communication Improving the Quality of Teacher Education (2007) Parliament Resolution on Improving the Quality of Teacher Education (2008) Commission Communication Green Paper on Migration and Mobility (2008) Parliament Resolution on educating the children of migrants (2009) Council Conclusions On a Strategic Framework for Education and Training ( ET 2020 ) (2009) Council Conclusions on the social dimension of education and training (2010) Source: Based on Jana Huttova, Elif Kalaycioglu, and Lina Molokotos-Liederman, The Education of Migrant Children: An NGO Guide to EU Policies and Actions. Open Society Foundations: Education Support Program, November 2010. Available at: http://www.soros.org/initiatives/esp/articles_publications/publications/education-migrant-children- 20101130/education-migrant-children-20101130.pdf [Accessed 30 March 2011]. January 2013 14