Bill 381.

Summary.

The bill proposes to ensure educational continuity for students in preschool, primary, secondary and special education, including differentiated education, who must remain hospitalized, receive outpatient treatment or undergo extended rest at home. It provides for hospital schools and classrooms and other supplementary forms of instruction, with recognition of that instruction for continuing and certifying studies under rules issued by the Ministry of Education (Ministerio de Educación). It defines a hospital school, a hospital classroom, home instruction, virtual hospital instruction and a pedagogical hour. Its governing principles are inclusion, equity, pedagogical flexibility, confidentiality, coordination among institutions, students’ overall well-being and efficient use of public resources.

Children and adolescents who, because of a medical condition, must remain in a hospital, a specialized health center, another place designated by their physician or outpatient treatment, and who are not enrolled or have been excluded from the education system, would be enrolled and served by the Ministry of Education. Instruction would be coordinated with the original school to preserve curricular consistency and facilitate return to school. Hospitals and specialized centers serving patients with extended admissions or rehabilitation needs would have a hospital classroom. Curricular adjustments and an individualized plan would provide for recreational and therapeutic activities and flexible schedules and assessments. Placement would follow the student’s previous academic record. The Ministry of Education, hospital school and original school would prepare an Individualized Hospital Education Plan covering pedagogical support, activities and strategies for continuity and reintegration. The student’s health would take priority, and activities would follow the treating medical team’s guidance.

Hospital teaching would be performed by qualified education professionals for the specified levels who are trained in hospital pedagogy, inclusive education and educational needs arising from health conditions. They would plan and provide individual or group instruction, implement adjustments and assessment and certification instruments, work with the family, and support return to the original school while protecting medical information. That school would communicate with the hospital classroom and parents or guardians, share academic information, help adapt instruction, allow flexibility in assignments and assessments, protect student information, and provide training and resources to its teachers. Operations would be funded through the state budget, using appropriations assigned to the Ministry of Education in coordination with the Ministry of Health (Ministerio de Salud), at no cost to students or their families. The State could enter into cooperation agreements. Ministry of Education regulations would set communication protocols, deadlines for exchanging academic information, criteria for the individualized plan and procedures for reintegration.

Instruction could take place in a hospital classroom, a hospital ward or the student’s home. After discharge, students requiring certified medical rest would continue receiving instruction from hospital school teachers, and those classes would count as formal attendance. Home instruction would have official recognition and be coordinated with the family and treating medical team. For preschool, primary and special or differentiated education, the bill sets four (4) pedagogical hours per week of direct instruction and four (4) supplementary hours. For secondary education, it sets six (6) direct and six (6) supplementary hours. The school where the student finishes the academic year would certify the studies. The original school would readmit the student after discharge; if the place had been filled, the Ministry of Education would authorize enrollment above capacity. The Ministry of Education and Ministry of Health would continually publicize these educational options through public campaigns, official media and materials in health and education centers. The provisions would concern students and families, teachers, schools and health services.