Normas excepcionais para as instituições de ensino durante a pandemia

Em 18 de março de 2020 foi sancionada a Lei nº14.040, que estabelece normas educacionais excepcionais a serem adotadas durante o estado de calamidade pública.

O Conselho Nacional de Educação (CNE) editará diretrizes nacionais com vistas à implementação do disposto nesta Lei, e ficaremos atentas à quando isto por divulgado.

A educação infantil, em caráter excepcional, fica dispensada a obrigatoriedade de observância do mínimo de dias de trabalho educacional e do cumprimento da carga horária mínima anual previstos no inciso II do caput do art. 31 da Lei nº 9.394, de 20 de dezembro de 1996 .

Contudo, é importante destacar que a referida lei não flexibilizou o cumprimento mínimo estabelecido no inciso IV do art. 31 da Lei nº 9.394/1996 (exigida a frequência mínima de 60% do total de horas). Nesse sentido, a instituição de ensino deverá ofertar, para o ano de 2020, uma carga horária mínima de 480 (quatrocentas e oitenta) horas, para que seja reconhecido o cumprimento da carga horária na Educação Infantil.

A Lei ainda estabelece que, a critério dos Sistemas de Ensino (Estados e municípios), será possível desenvolver atividades pedagógicas não presenciais na Educação Infantil, de acordo com os objetivos de aprendizagem e desenvolvimento dessa etapa da educação básica e com as orientações pediátricas pertinentes quanto ao uso de tecnologias da informação e comunicação.

Quanto ao Ensino Fundamental e no Ensino Médio, estas ficam vinculadas aos conteúdos curriculares de cada etapa e modalidade, inclusive por meio do uso de tecnologias da informação e comunicação, cujo cômputo, para efeitos de integralização da carga horária mínima anual, obedecerá a critérios objetivos estabelecidos pelo Conselho Nacional de Educação (CNE).

As instituições de Educação Superior ficam dispensadas, em caráter excepcional, da obrigatoriedade de observância do mínimo de dias de efetivo trabalho acadêmico, nos termos do caput e do § 3º do art. 47 da Lei nº 9.394 , de 20 de dezembro de 1996, para o ano letivo afetado pelo estado de calamidade pública referido no art. 1º desta Lei, observadas as diretrizes nacionais editadas pelo CNE e as normas a serem editadas pelos respectivos sistemas de ensino, desde que:
• Seja mantida a carga horária prevista na grade curricular para cada curso; e
• Não haja prejuízo aos conteúdos essenciais para o exercício da profissão.

Portanto, recomenda-se que as instituições de ensino fiquem atentas às novas legislações, para evitar a aplicação de penalidades pelos órgãos fiscalizadores.

Aretusa Polliana Araújo, advogada inscrita na OAB/ES 10.163, sócia da Araújo & Regetz Advocacia e Assessoria Jurídica e do Instituto de Compliance do Espirito Santo, Presidente do BNIES Valor, Diretora Jurídica do BNI Espírito Santo, Especialista em Processo Cível e Direito Civil, em Direito e Processo do Trabalho, e Compliance

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