How long should a child be off school after being sick

How to Handle School Sick Days

Parents do their best to keep kids healthy during flu season, but sometimes even the most vigilant preventive measures can’t ward off the flu.

When your child gets sick with the flu, keeping them home from school can help them recover faster. It also helps prevent the virus from spreading to other children in the school, which is critical to keeping everyone as healthy as possible.

Healthcare professionals recommend that sick children stay home until they’re well enough to go back to school. This is typically about 24 hours after symptoms begin to improve. In some cases, however, it can be difficult to determine whether your child is well enough to return to school. Consider the following signs as you make your decision.

It’s best to keep your child at home if they have a temperature at or above 100.4°F. A fever indicates that the body is fighting off infection, which means that your child is vulnerable and likely contagious. Wait at least 24 hours after the fever has come down and stabilized without medication to consider sending your child back to school.

Vomiting and diarrhea are good reasons for your child to stay home. These symptoms are difficult to deal with at school and show that the child is still capable of spreading the infection to others. Additionally, in younger children, frequent episodes of diarrhea and vomiting may make appropriate hygiene difficult, increasing the risk of spreading the infection. Wait at least 24 hours after the last episode before considering a return to school.

If your little one is falling asleep at the table or acting particularly fatigued, they are unlikely to benefit from sitting in class all day. Make sure your child stays hydrated and let them rest in bed. If your child is exhibiting a level of fatigue that is beyond what you would expect from a typical mild illness, they may be lethargic. Lethargy is a serious sign and should be evaluated by your child’s pediatrician immediately.

A persistent cough is likely to be disruptive in class. It is also one of the primary ways of spreading a viral infection. If your child has a severe sore throat and a lasting cough, keep them home until the cough is nearly gone or easily controlled. They may also require testing by your child’s doctor for illnesses such as strep throat, which are highly contagious but easily treated with antibiotics.

Red, itchy, and watery eyes can be difficult to manage in class and can distract your child from learning. In some cases, a rash may be a symptom of another infection, so it’s a good idea to take your child to the doctor. Keeping your child home is usually the best thing to do until these symptoms clear up or until you’ve spoken with the doctor. If your child has conjunctivitis, or pink eye, he or she needs to be diagnosed promptly, as this condition is highly contagious and can spread quickly through schools and day care centers.

Does your child look pale or tired? Do they seem irritable or disinterested in doing normal daily activities? Are you having a hard time getting your child to eat anything? These are all signs that more recovery time is needed at home.

Earaches, stomachaches, headaches, and body aches often indicate that your child is still fighting the flu. This means that they can easily spread the virus to other children, so it’s best to keep them home until any pain or discomfort has disappeared.

If you’re still having trouble deciding whether to keep your child home from school, call the school and speak with the nurse to get advice. Most schools have general guidelines for when it’s safe to send children back to school after being sick, and the school nurse will be happy to share these with you. These guidelines may also be available online.

To help speed up your child’s recovery time, read our article on Treatments to End the Flu.

If you decide that your child definitely needs to stay home, you may face many additional challenges. Do you have to take a sick day? If you’re a stay-at-home mom, how can you balance caring for your other kids when one child is sick? Here are some ways you can prepare for school sick days.

Talk to Your Employer Ahead of Time

Discuss possibilities with your employer as flu season approaches. For example, ask about working from home and attending meetings over the phone or Internet. Make sure you have the equipment you need at home. A computer, high-speed Internet connection, fax machine, and printer may make it easier for you to manage work tasks from your home.

Ask About Your Options

You should also find out how many sick days you have at work so you can balance your time off. You may even want to ask your employer about the possibility of taking a day off without using up your sick time. Another option is to trade off at-home duties with your partner if you both work.

Have a Backup Plan

Call a family member, friend, or babysitter to see if they would be able to stay with your child. Having someone available to help at a moment’s notice can be invaluable when you can’t stay home from work to care for your child.

Prepare Supplies

Designate a shelf or cupboard for over-the-counter medications, vapor rubs, extra tissues, and antibacterial wipes so you’re ready for flu season. Keeping these items in one place is also helpful for anyone who comes to your house to care for your child.

Be Diligent About Hygiene

Make sure your child washes their hands frequently and always coughs or sneezes into their elbow. This will help prevent them from spreading the virus to other people. It’s also important to make sure everyone in the home drinks plenty of fluids and gets a sufficient amount of sleep.

Other preventive measures include:

avoiding sharing
towels, dishes, and utensils with the infected person
limiting close
contact with the infected person as much as possible
using
antibacterial wipes to clean shared surfaces, such as doorknobs and sinks

For more ideas, read our article on 7 Ways to Flu-Proof Your Home.

It may be easy to know when your child is too sick to go to school, but it is often difficult to determine when they are ready to go back. Sending your child back too soon can delay their recovery and make other children in the school more susceptible to the virus as well. Below are some guidelines that may help you decide whether or not your child is ready to return to school.

No Fever

Once the fever has been controlled for over 24 hours without medication, the child is usually safe to return to school. However, your child may still need to stay home if they are continuing to experience other symptoms, such as diarrhea, vomiting, or a persistent cough.

Medication

Your child may return to school after taking medication the doctor prescribed for a minimum of 24 hours, as long as they don’t have a fever or other serious symptoms. Make sure that the school nurse and your child’s teacher are aware of these medications and their proper doses.

Only Mild Symptoms Present

Your child can also go back to school if they’re only experiencing a runny nose and other mild symptoms. Make sure to provide tissues for them and to give them an over-the-counter medicine that can help control the remaining symptoms.

Attitude and Appearance Improve

If your child is looking and acting like they are feeling much better, then it is typically safe for them to go back to school.

In the end, you may have to rely on your parental intuition to make the final call. You know your child better than anyone, so you’ll be able to tell when they’re feeling better. Do they look too miserable to go to school? Are they playing and acting normally, or are they happy to curl up in a chair with a blanket? Trust your intuition to make the best decision. If you have any doubts, always remember you can ask others such as the school nurse or your child’s pediatrician. They will be glad to offer you advice.

When to keep kids home from school

Between colds, coughs and stomach bugs, kids get sick frequently. When symptoms like a runny nose or stomach pain hit, it may be hard to decide when you should keep your child home from daycare or school.

"Sometimes it's obvious when kids need to stay home, like when they have a fever," says Stormee Williams, M.D., a pediatrician and Director of School Based Telehealth at Children's Health℠. "But many times, children's symptoms fall into a gray area that gives parents pause."

Most schools and daycares have their own sick policies about when to keep a child home. You should become familiar with your school's fever and sick day policy as it may be narrower than what physicians recommend. While school and daycare rules may not always feel convenient, it's important to remember that they are in place to keep your child healthy.

Is my child too sick for school?

In general, you should keep your child home from school or daycare when they have any of the following symptoms or illnesses:

Fever
Diarrhea
Vomiting
COVID-19
Norovirus
Certain illnesses and rashes like chickenpox, measles or hand, foot and mouth disease

A health care provider or school nurse can help you distinguish those illnesses and when your child is no longer contagious. Parents might be surprised to learn that a diagnosis of head lice is not a reason to stay home from school. We encourage you to reference your specific school's or daycare’s policies for more guidelines.

Should I keep my child home from school with a cold?

Colds, coughs, runny noses and sore throats are common in kids and do not require that children stay home from school or daycare, especially if symptoms are mild. However, if cold symptoms include fever or a cough that is excessive enough to disrupt their learning, you should keep your child home to rest and get them tested for COVID‑19.

"With colds, as long as there is no fever and the child feels well enough to participate in class, they can go to school," says Dr. Williams. "But if a child is lethargic or will not eat, it's best to keep them home until they feel better." Dr. Williams also suggests that if your child needs help controlling their symptoms, like if the teacher will need to constantly wipe their nose or your child does not cover their coughs, these might be reasons to stay home from school.

When can my child return to school after being sick?

When your child can go back to school will vary depending on what symptoms or type of illness your child experienced.

Returning to school after fever

A child should stay home with a fever, which is a temperature of 100.4 or higher. Many schools require that children be fever free for 24 hours before returning to school. Dr. Williams cautions that treating a fever with fever-reducing medications and sending your child to school is not a good idea. Most likely, the fever will return while they are at school, and you'll receive a call to pick them up early.

Returning to school after COVID‑19

Your child should get tested for COVID‑19 if they show symptoms including fever, cough, shortness of breath, fatigue, new loss of taste or smell or body aches. A child should stay home if they have tested positive for COVID‑19. The Centers for Disease Control and Prevention outlines quarantine and isolation guidelines.

When your child recovers and tests negative for COVID‑19, they will be able to return to school.

Don't push your child to go back to school if they are still feeling unwell. Conditions like COVID‑19 and the flu can keep them feeling too lethargic for school, even if they don't have a fever.

If your child was exposed to COVID‑19, you should take steps to prevent potential spread of the virus immediately after exposure, regardless of vaccination status. If they are over age 2, children should wear a mask for 10 full days. Watch for symptoms of COVID‑19 and get tested at least 5 full days after being exposed. They should test even if they don't have symptoms.

Returning to school after vomiting

Children can return to school after vomiting when they tolerate liquids and solid food. A child may go hours without vomiting if they haven't eaten, but as soon as they eat or drink, they can get sick again. Dr. Williams advises waiting an hour after a child vomits to let the stomach calm down and then give them sips of water. If they can hold water down after an hour, progress to more liquids or something bland to eat, like a cracker or piece of toast. If they can eat without vomiting, children are fine to return to school. See more remedies for a stomach flu or bug.

Returning to school after diarrhea

Having diarrhea in the classroom can be disruptive to your child’s learning, not to mention extremely uncomfortable for your child. Children can return to school when they have not had diarrhea for 24 hours. You may need to keep your child home longer if they have an infection like norovirus, which is highly contagious.

Returning to school after flu

Children can return to school after the flu when they no longer have a fever and feel well enough to participate in class. Because the flu can cause a variety of symptoms, a child may not be ready for school even if they are fever free. Parents should use their best judgment to determine if their child is close to being back to their normal level of activity before returning to school.

Tips to keep your child healthy at school and daycare

Proper hand hygiene is the best way to prevent the spread of germs. Teach your child to wash their hands frequently, especially before eating, after using the bathroom and after blowing their nose. It's also important to wash hands after touching desks, doorknobs and handrails.

To help prevent the spread of illness, teach your child to cough into their elbow or to cover their nose and mouth with a tissue before a sneeze. Reminding your child not to share food or utensils with classmates is also a good idea.

Wearing a mask can also prevent the spread of respiratory diseases like COVID-19, colds and the flu.

Get care now

We know that getting sick is never convenient. But now you can videoconference with a health care provider 24 hours a day, 7 days a week with Virtual Visit by Children's Health Virtual Care. Get treated right from your smartphone, tablet or computer for allergies, common colds and flu, cuts and more. Download the Virtual Visit app today.

Children’s Health Family Newsletter

Get health tips and parenting advice from Children’s Health experts sent straight to your inbox twice a month. Sign up now.

We found out how many days you can miss school and kindergarten without a certificate

Questions arose in connection with the abolition of the sanitary rules governing the five-day rule, and the adoption of new ones - SanPiN SP 2.4.3648-20 "Sanitary and epidemiological requirements for organizations of education and training, recreation and rehabilitation of children and youth."

The provisions of the new SanPiN SP 2.4.3648-20 "Sanitary and epidemiological requirements for organizations of education and training, recreation and rehabilitation of children and youth" do not establish an acceptable period for the absence of children in educational organizations if the admission is not associated with a disease.

The only clearly formulated rule is that if the pass is associated specifically with the disease, then a certificate from the pediatrician is needed in any case, regardless of the number of days of the pass (paragraph 2. 9.4 of SanPiN SP 2.4.3648-20):

“After an illness, regardless of the duration of the illness, children are allowed to attend classes at school if they have a medical certificate.”

In the Federal Law "On Education in the Russian Federation" dated 29.12.2012 No. 273-FZ, there is still no regulation of the issue of the permissible number of days of school absence without providing a certificate from a pediatrician.

Thus, based on this provision, you are required to provide a certificate from a pediatrician only if the child was absent due to illness.

On behalf of the OUZS, we made a request to Rospotrebnadzor to clarify these provisions and in order to avoid the tyranny of some educational organizations.

The content of the official response of the Office of Rospotrebnadzor for St. Petersburg confirms this conclusion that a certificate is needed only if the pass is due to illness, and each educational organization sets the allowable number of days of absence independently.

Therefore, if an educational organization told you that a pass for more than 1 day is inadmissible - ask you to familiarize yourself with the local documents where this requirement is recorded.

If it is not fixed anywhere, then this rule does not exist, and therefore your child may be absent from the educational organization for a reasonable period.

The concept of "reasonable time" is used wherever the law does not establish a specific period, and represents the period that is necessary for the implementation of something (Article 314 of the Civil Code of the Russian Federation defines this concept in relation to obligations).

For example, three free days are required to participate in a chess tournament; for absence due to family reasons - agree on the very reasonable period when 1 day is not enough, and a month is a lot.

Adequate, sane teachers and heads of educational organizations are unlikely to put forward unreasonable demands and not want to “get into position”.

If in your educational organization the teaching and management staff do not have the listed valuable qualities, then you should remind them that everyone's right to education is guaranteed by Part 1 of Art. 43 of the Constitution of the Russian Federation, and part 2 of Art. 3 of the Federal Law of December 29, 2012 N 273-FZ (as amended on July 31, 2020) "On Education in the Russian Federation" also provides for the inadmissibility of discrimination in the field of education.

Therefore, if you are faced with absurd and arbitrary demands of the leadership of educational organizations about the inadmissibility of the absence of a child in an educational organization without a certificate at all, or the admissibility of absence, but within an unreasonable time, for example, no more than 1 day, or other illegal additional requirements are presented, for example, be sure to pass testing for coronavirus infection, etc., we recommend using our complaint form.

In accordance with the clarifications of the Department of Medical Care for Children, Obstetrics and Public Health Services dated 10/11/2022, the following recommendations have been made for the 2022/2023 academic year.

For the 2022-2023 academic year, the Ministry of Health of Russia informed by Letter No. 15-2 / I / 1-13164 dated 11.08.2022, which, despite the absence of specific deadlines for not attending an educational organization without providing a certificate, contains recommendations for the implementation of preventive measures, including themselves, among other things, strengthening control over the admission of children after a disease, as well as the absence of more than 5 days (excluding weekends and holidays) - to accept in educational organizations only if there is a certificate indicating the diagnosis, duration of the disease, information about the lack of contact with infectious patients .

SEE =>>> DEPARTMENT RESPONSE THIS GFA

Such justification can also be given.

In accordance with clause 2.4.7 of the approximate form of the agreement on education for educational programs of preschool education, approved. by order of the Ministry of Education and Science of Russia dated January 13, 2014 No. 8, “the conclusion of which precedes the issuance of an administrative act on the admission of a child to study at a preschool educational organization, parents (legal representatives) are required to provide a certificate after an illness, as well as the absence of a child for more than 5 calendar days ( except for weekends and holidays), indicating the diagnosis, duration of the disease, information about the absence of contact with infectious patients.

However, since the form of the contract is exemplary, educational organizations do not always comply with this norm, referring to the fact that in accordance with Part 1 of Art. 28 of the Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation", the educational institution has autonomy, which means independence in the implementation of educational, scientific, administrative, financial and economic activities, the development and adoption of local regulations in accordance with the Law on Education, other regulatory legal acts of the Russian Federation and the charter of the educational organization.

But what can be countered with this provision if an educational organization abuses its right to autonomy by making unreasonable demands, or it is not a preschool educational organization, or it is a school where no one enters into such agreements with parents?

A detailed answer to this question is in our note on the autonomy of an educational organization.

You can declare the illegality of such conditions by filing a protocol of disagreements to the contract with the educational organization.

And if there is no agreement (there is only an administrative act on enrollment), then in the form of a separate application.

As a legal justification, indicate in the protocol of disagreements (or in the application): Paragraph 2 of Part 1 of Article 3 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” provides that state policy and legal regulation of relations in the field of education are based on the following principles: ensuring the right of every person to education, inadmissibility of discrimination in the field of education”. In this connection, the abuse of the right to autonomy of an educational organization is not allowed. Federal legislation does not provide for such a requirement as the provision of a certificate from a pediatrician in the absence of 1 day of a child in an educational organization. The provisions of SanPiN SP 2.4.3648-20 "Sanitary and epidemiological requirements for organizations of education and training, recreation and rehabilitation of children and youth" do not establish a period of absence of children for 1 day in educational organizations without a certificate from a pediatrician, if the pass is not associated with a disease. If the pass is associated specifically with the disease, then a certificate from the pediatrician is needed in any case, regardless of the number of days of the pass (clause 2.9.4 SanPiN SP 2.4.3648-20).

Meanwhile, according to the explanations contained in the Letter of the Ministry of Health of Russia dated August 11, 2022 No. 15-2 / I / 1-13164, the absence of a child in an educational organization without a certificate from a pediatrician is allowed if it lasts no more than 5 days. A certificate indicating the diagnosis, duration of the disease, information about the absence of contact with infectious patients is required only in case of absence for more than 5 days (excluding weekends and holidays).

In addition, in accordance with clause 2.4.7 of the model form of the agreement on education for educational programs of preschool education, approved. by order of the Ministry of Education and Science of Russia dated January 13, 2014 No. 8, “the conclusion of which precedes the issuance of an administrative act on the admission of a child to study at a preschool educational organization, parents (legal representatives) are required to provide a certificate after an illness, as well as the absence of a child for more than 5 calendar days ( except for weekends and holidays), indicating the diagnosis, duration of the disease, information about the absence of contact with infectious patients. Thus, the "rule of 5 days" is still in effect in the form of an official recommendation that all educational organizations must comply with.

Subscribe to our resources:

How should school patients be educated?

November 25, 2019

News

The Ministry of Health and the Ministry of Education adopted Recommendations on the organization of education for schoolchildren who need long-term treatment. The document specifies who should teach young patients and how, and explains the rights of children and their parents

According to the Ministry of Health, 6 million children receive medical care in hospitals every year. Of these, 250 thousand are in hospitals for more than 21 days. Due to long-term treatment, children cannot attend schools, although they could study. At the same time, the law guarantees the availability of free education to every child, regardless of the circumstances. And if he cannot go to school for health reasons, his education should be organized in a hospital or at home ¹ .

In October, the Ministries of Education and Health approved the Recommendations for the Organization of Education for School Patients (hereinafter referred to as the Recommendations) ² . We asked Anna Mamonova, lawyer of the Advokat Agency, and Elena Tsypina, lawyer of the Chamber of Advocates of the Chelyabinsk Region, to explain some points of the document to the parents.

Who should teach young patients?

1. First-level hospitals provide patients in a particular municipality with primary health care, palliative care, emergency medical care and specialized care, usually pediatric and surgical profiles. Most often, children are in them for less than three weeks. The number of schoolchildren who need longer treatment is from 1 to 10 at a time. In this case, it is advisable to educate the child in a school at the place of residence.

2. In hospitals of the second level, providing medical care to the population of several municipalities, from 30 to 100 children can simultaneously receive long-term treatment; in third-level hospitals providing high-tech medical care - from 30 to 250 children and more.

In hospitals of the second and third levels, training can be organized according to several models. They are listed in the Recommendations, and lawyer Anna Mamonova spoke in more detail about them. Patient education can include:

educational organization operating on the basis of a medical organization. This is an ordinary general education school that has concluded an agreement with a medical organization for the provision of educational services;
educational organization for students who need long-term treatment. This is a specialized organization that can be determined by the regional executive authority in the field of education;
educational division of a medical organization that has a license for educational activities. “In the recommendations, they are called hospital schools, which is not entirely correct, since this term was used in pre-revolutionary Russia to designate medical schools,” Anna Mamonova noted.

According to the lawyer, the types of educational organizations in the Recommendations are not clearly defined. For example, in the Letter of the Ministry of Education and Science dated May 27, 2016 No. VK-1179/07 “On additional clarifications”, they are indicated in a more accessible form. According to this document, children in need of long-term treatment can receive general education: 1) in an educational organization at the place of residence of the child in which he is enrolled, including using distance technologies; 2) in the educational unit of a medical organization providing treatment, rehabilitation and health improvement; 3) in a subdivision of an educational organization located in the premises of a medical organization; 4) in a nearby educational organization - in this case, children are taught by teachers who come according to the schedule.

According to the Recommendations, if several hospitals of the same or different levels operate on the territory of the municipality, it is advisable to educate children in one school for students in need of long-term treatment.

The education of a child who has been treated in a hospital for less than 21 days is carried out by the school of which he is a student. But if a short stay of a schoolchild in a hospital is one of the periods in a long-term treatment, then he can learn in the same way as children who are in the hospital for more than three weeks.

Lawyer Elena Tsypina drew attention to the fact that for a child, training by the staff of the school he attended would most likely be more comfortable. But at the same time, in the Recommendations, the patient and his parents retain the right to choose an organization that carries out educational activities. And we can assume that children who are on short-term treatment also have such a right.

How to improve the learning process during a short hospital stay?

If necessary, the school that the child attended before the illness must arrange for his education in the hospital or at home ^hospital.

Together with parents, they should be documented (for example, in an act of agreement, agreement of the parties, etc.):

form of study and individual curriculum, class schedule and study mode;
special educational needs due to the child's medical treatment and current health condition;
ways for parents to inform the school about the transfer of a patient to hospitals and about the “hospital school”, whose teachers teach the child in the hospital;
the need to inform parents about learning outcomes and adjustments to the individual curriculum;
forms of social support for a sick child by participants in the educational process.

Anna Mamonova warned: “As follows from the Recommendations, the school in the child's place of residence is obliged to take all necessary measures to implement educational programs. That is, the organization of the educational process in the case of short-term treatment in a hospital or treatment at home is the responsibility of the school. However, parents should be prepared to interact with teachers, including ensuring that the child receives the necessary educational materials, homework, etc.”

Elena Tsypina added that if a child can only study at home, then parents should obtain the conclusion of a medical organization on the need to educate a child at home and apply to an educational institution. If the child is being treated in a hospital, then parents will need to choose the type of educational process by submitting an application to the administration of the medical institution.

How is the lesson in the hospital?

When organizing the learning process in the hospital, the class-lesson system is more often used. However, the scheme "one age - one class - one program of study - one year" changes in the conditions of treatment, and it is allowed to teach children in different age groups.

At the same time, sanitary rules often do not allow bringing together children from different departments in the same room, and therefore a single school sector cannot be organized for them. Classes can take place in hospital wards and boxes.

For some diseases, in order to avoid transmission of infection, teachers use materials not on paper, but on electronic media - tablets or laptops, which are treated with disinfectants before and after classes.

The mode and duration of classes are determined on the basis of the recommendations of the attending physician, taking into account the psychophysical state of the child, his cognitive abilities and life limitations. The maximum total weekly educational load cannot exceed the indicators established by the sanitary and epidemiological rules and regulations ⁴.

Education of schoolchildren in hospitals, as well as at home, is carried out according to individual curricula. They are developed and approved by the educational organization that trains the child, and agreed with the attending physician and parents. When studying according to an individual plan, the schedule of classes and the volume of the study load may be changed by the educational organization, taking into account the current state of the child's health and the treatment prescribed for him.

Can siblings study with patients?

The Recommendations provide for situations when, due to long-term care of a child in a hospital, the family is far from home, and none of the children can attend school. In such cases, those responsible for organizing the educational process of schoolchildren are recommended, after agreement with the attending physician, to find an opportunity for their brothers and sisters to study together with sick children.

Anna Mamonova explained that “although the Recommendations are not binding, they represent the legal position of the leadership of the Ministry of Education and the Ministry of Health. This means that, for example, in the event of a refusal to ensure the child's right to education, parents must file a complaint with higher authorities, and it is highly likely that it will be satisfied. However, it should be borne in mind that joint education of sick children and their healthy siblings is not possible when the child is sick with an infectious or other dangerous disease and there is a threat to the health of the second child.

What are the rights of school patients and their parents in the law?

The child and his parents have the right to choose an educational organization whose teachers will teach the student during treatment.

“If the right to such a choice is limited, then it is necessary to apply to the leadership of the educational institution with a statement in which you should describe the situation and state your position with reason,” Elena Tsypina explained. Anna Mamonova added that if the organization of the educational process does not meet the requirements, parents can file a complaint with the regional executive authorities in the field of education and health care and the prosecutor's office.

According to the Recommendations, prior to the start of training, the patient's parents should be asked to sign the consent:

informing teachers about the child's illness and side effects during treatment, about the peculiarities of his emotional state, which should be taken into account in the learning process;
about informing about what information about the patient's health and in what cases can be shared with classmates, the parent class committee and others for social support of the child during treatment.

“Parents are not required to sign such consent. In this case, the norm of the law will apply, according to which the dissemination of information constituting a medical secret is unacceptable ⁵ . If this rule is not observed, the medical organization may be held administratively liable, and the person who disseminated the information may be subject to disciplinary, civil or criminal liability,” Elena Tsypina said.

Employees of educational and medical organizations should respect the position of the child and his parents when refusing to share information about the disease with anyone. Information about the child's health can be transferred to outsiders only with the written consent of the patient or his parents, if he has not yet turned 15, as well as in cases provided for by law.

Elena Tsypina gave examples of such cases: “The provision of information constituting a medical secret is allowed when providing medical assistance to a minor in order to inform his parents; for the purpose of examining and treating a patient who, due to his condition, is unable to express his will; with the threat of the spread of infectious diseases, mass poisoning and lesions; when investigating an accident at school, during competitions or playing sports in the section; at the request of the bodies of inquiry and investigation, the court in connection with the investigation or trial, at the request of the prosecutor's office in connection with the exercise of prosecutorial supervision; when exchanging information by medical organizations in order to provide assistance, taking into account the requirements of the legislation of the Russian Federation on personal data; in order to exercise control in the system of compulsory social insurance, as well as control the quality and safety of medical activities, etc. ⁶".

Anna Mamonova recalled that the rights and obligations of parents are spelled out in Art. 63 and 64 of the Family Code: “Parents are obliged to raise their children and ensure that they receive a general education. At the same time, they are given the right to choose an educational organization and form of education, taking into account the opinions of children. Parents are also obliged to protect the interests of the child. If he complains about the conditions of his stay in the hospital or about the attitude of the medical or teaching staff, they have no right to ignore such complaints and must make sure that everything is in order.

How to organize training after discharge from the hospital?

During illness, a student cannot be expelled from school ⁷ . Anna Mamonova explained: “The application of disciplinary measures, including expulsion from school, to students during their illness is not allowed due to the requirements of the Law on Education. Moreover, the educational organization must ensure a psychologically comfortable return of the child to the previous class, taking into account the changes in appearance, physical, cognitive abilities and other changes that have occurred in him after the illness, which distinguish him from his peers, and also create conditions for continuing education, taking into account the state of health student, the recommendations of the attending physician and the characteristics of the treatment, rehabilitation, health-improving process.

Elena Tsypina said that in the event of serious health problems, the educational institution should send the child to undergo a psychological, medical and pedagogical commission, which will determine the type of correctional educational institution where he can continue to study.

As stated in the Recommendations, after discharge from the hospital, children with diseases included in the List of diseases, the presence of which gives the right to study in basic general education programs at home, can study at home ⁸ . It may also be allowed to study at home based on the decision of the medical commission of the medical organization in which the child is observed ⁹ .

Education of a student after long-term treatment can be carried out in various forms: full-time, part-time, part-time, including using distance learning technologies. In e-learning, schools are recommended to appoint a tutor to accompany the child in person.

How will the attestation take place?

At the end of a long-term treatment, the "hospital school" issues a certificate of study to the patient with marks for each academic subject. The school at the place of residence is obliged to accept this document and count the learning outcomes on its basis, or to allow the student to take the intermediate or final assessment ¹⁰ .

The basis for passing the state final certification at home or in a hospital is the conclusion of a medical organization and the recommendations of the psychological, medical and pedagogical commission.

Recommendations of the Ministry of Health and the Ministry of Education must be followed?

Anna Mamonova explained that the Recommendations are not a normative legal act, and therefore cannot be considered binding. “They are more of a road map to address the very urgent problem of education for children in long-term care. This confirms the fact that the document indicates the need to develop and adopt regulations at the regional level and says that there are no legislative mechanisms for regulating educational activities that take into account the specifics of teaching children in hospitals. All these issues require proper legal regulation,” the lawyer said.

At the same time, Anna Mamonova drew the attention of parents to the fact that the right to education is guaranteed by Art. 43 of the Constitution of the Russian Federation. Any unreasonable restriction of it, including in connection with the state of health, is a gross violation. “Therefore, in case of problems, do not lose self-confidence and self-control and immediately seek protection of your rights and the rights of the child,” the lawyer advised. Elena Tsypina concluded by explaining that one can apply to the regional executive authority in the field of education, the prosecutor's office and the court - the choice will depend on the situation.

¹ Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”.

² Methodological recommendations on the organization of education for children who are on long-term treatment and cannot attend educational organizations for health reasons (approved by the Ministry of Education of the Russian Federation and the Ministry of Health of the Russian Federation on October 14 and 17, 2019).

³ Part 5 Art. 41 of the Federal Law of 29December 2012 No. 273-FZ "On Education in the Russian Federation".

⁴ SanPiN 2.4.2.2821-10 "Sanitary and epidemiological requirements for the conditions and organization of training in educational institutions" (approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation of December 29, 2010 No.