Draft bill 194.

Summary.

Article 1 proposes adding Article 344-A to Law 47 of 1946 (Ley 47 de 1946). It would give students at public and private schools the right to continue learning through flexible educational arrangements when a serious illness, hospitalization, prolonged medical treatment, or temporary or permanent incapacity affecting a parent, guardian, legal representative, or primary caregiver temporarily prevents regular attendance. Schools would adopt measures suited to each student’s circumstances. These could include learning modules, study guides, in-person or remote tutoring, technology tools, virtual classes, rescheduled assessments, and other teaching strategies determined by the Ministry of Education (Ministerio de Educación). The measures would be exceptional and temporary. Their use alone could not cause a student to lose enrollment, a school place, or their current grade. The family circumstance would have to be documented and directly linked to the inability to attend regularly.

Article 2 proposes adding Article 344-B. Once the circumstance is documented, each public or private school would have to establish a Temporary Educational Continuity Plan for the student, aimed at meeting the learning objectives for the student’s level and grade. The plan could provide physical or digital learning modules and guides, access to content and academic activities covered during the absence, and in-person or remote tutoring. It could also extend deadlines for work and assignments, reschedule or adapt assessments, and include measures that help the student return to in-person education. These adjustments would not release the student from meeting the applicable academic objectives.

Article 3 proposes adding Article 344-C. A medical certificate or other suitable documentation would establish the illness, hospitalization, prolonged treatment, or incapacity. Documentation would also have to show that the circumstance directly affects the student’s ability to attend school regularly. The Ministry of Education would establish simple, prompt procedures for applying the measures and seek to avoid disproportionate administrative burdens on families. Under Article 4, the ministry would regulate the procedures, requirements, monitoring mechanisms, duration, and other conditions needed to apply the proposed provisions.

Article 5 states that Articles 344-A, 344-B, and 344-C would be added to Law 47 of September 24, 1946 (Ley 47 de 24 de septiembre de 1946). Article 6 provides that the proposed law would take effect on the day following its promulgation. The proposal concerns the Ministry of Education and the National Assembly (Asamblea Nacional). Its provisions could affect public and private schools, students, families, and caregivers, including households that move to another province or region of the country because of a family health situation.