Answering the question sent to the Ministry of National Education by e-mail on May 9 this year. I would like to kindly inform you that if a child attending a kindergarten or a student has a broken arm, the decision on the possibility of his participation in school (pre-school) classes should first of all consult with the doctor who issues the appropriate certificate or exemption from classes (from all classes or e.g. only from physical education classes).
In addition, in accordance with art. 95 of the Family and Guardianship Code, parental responsibility should be exercised as required by the best interests of the child and social interest. Therefore, it is the parent who is responsible for the correct treatment of the child.
The duties of the headmaster of a kindergarten or school include ensuring safe and hygienic conditions of stay for children and pupils, as well as safe and hygienic conditions for participating in classes organized by kindergarten or school outside the facilities belonging to these units1.
The unit of the education system should be prepared to meet the needs of a child who is temporarily not fully functional or chronically ill, who, according to the doctor's instructions, can attend kindergarten or school. Therefore, the director's duties include such work organization that will include providing assistance to the child to the extent necessary for the organization of education, upbringing and care (e.g. employment of appropriately trained staff, determining the scope of additional activities of employees or training employees).
1 In accordance with the provisions of art. 39 section 1 point 3 of the Act of 7 September 1991 on the education system (consolidated text: Journal of Laws of 2015, item 2156, as amended)
Department of General Education / - digitally signed /