Kindergartens at Healthcare Facilities

Kindergartens at healthcare facilities are special kindergartens designed for children undergoing treatment or a rehabilitation stay. Just as with regular kindergartens, their operations are governed by relevant education legislation, they are methodologically supervised by the Ministry of Education, and they fall under the oversight of the State School Inspection (ŠSI). These are not healthcare facilities but schools that operate on the premises of healthcare facilities. They must also be distinguished from kindergartens for children with health impairments.

Kindergartens at healthcare facilities admit children who have been admitted for treatment, a therapeutic stay, or a rehabilitation stay based on a written recommendation from their physician.

Teachers working in these facilities must meet the qualification requirements for kindergarten teachers as stipulated by law. A kindergarten at a healthcare facility has a specific environment and works with sick and weakened children. In practice, therefore, the founder may require a higher level of professional training, such as a specialisation in special education.

Kindergartens at healthcare facilities are required to keep pedagogical and other records in accordance with the Education Act. They do not issue certificates of completion of pre-primary education. This falls under the jurisdiction of the child’s original school, to which the child typically returns after completing treatment.

Kindergartens at healthcare facilities offer flexible half-day and full-day educational activities. The scope of a child’s education and training is determined in consultation with the attending physician and depends on the child’s health condition. Education may be provided in groups or on an individual basis.

Education and training are carried out in line with state educational programmes, but are individually tailored to each child. The goal is to continue education and training to the extent that is possible and appropriate with regard to the child’s health condition.

Facilities not included in the register of schools and school facilities

Care for children of preschool age who are not enrolled in compulsory pre-primary education is also provided in “facilities for children and youth,” which offer regular, full-day care for children without parental supervision and are not listed in the register of schools and school facilities. They are often referred to as children’s clubs, preschool centres or daycare centres.

In recent years, so-called “forest kindergartens” have become a very popular concept; in these, most educational activities take place in a natural environment, particularly in the forest, with an emphasis on physical activity, free play, hands-on experiences, and a connection to nature. They are often referred to as children’s forest clubs and represent an alternative model of early childhood education.

Such facilities are not facilities that provide pre-primary education under the Education Act and are therefore not subject to the jurisdiction of the State School Inspection. At the same time, their operations are not subject to the methodological oversight of the Ministry of Education, Research, Development, and Youth of the Slovak Republic in the same manner as the operations of kindergartens, nor are they subject to the regulations governing childcare facilities for children under three years of age under the jurisdiction of the Ministry of Labor, Social Affairs, and Family of the Slovak Republic. However, their operation and the services they provide are subject to several legal regulations that  mainly govern operating conditions, the protection of children’s health and safety, and other requirements related to their activities.

The key legal regulation is the Act No. 355/2007 Coll. on the Protection of Public Health (Zákon č. 355/2007 Z. z. o ochrane verejného zdravia), which requires operators of these facilities to:

• establish the facility in a healthy environment,
• to provide facilities and equipment appropriate for the children’s age,
• to draft operating rules and submit them to the Regional Public Health Authority for approval,
• to submit a proposal to the Regional Public Health Authority for the facilities to be put into operation,
• to provide drinking water and hot water, cleaning services, disinfection, safe toys, and meals,
• ensure the health and safety of the children, including a morning health screening, admission of medically fit children, record-keeping for infectious diseases, and isolation of children showing symptoms of illness.

Depending on the nature of their operations, these facilities may also be subject to other regulations, such as the Civil Code, the Consumer Protection Act, the Labor Code, the Personal Data Protection Act, regulations on institutional food services, and others.

If care is provided on a regular basis, independently, in one’s own name, and for compensation, it generally constitutes a business activity based on a trade license. In practice, childcare for children under six years of age is operated as a free trade, and in such cases, the law does not require professional qualifications. However, the business owner must meet general requirements: be at least 18 years of age, have legal capacity, and have a clean criminal record. The exact scope of the business should correspond to the actual range of services provided.

The premises where care is provided must be suitable for the intended use and comply with building codes. The Regional Public Health Office is the competent authority for both the final inspection and any change in the use of the building.

These facilities may provide care, recreational activities, or informal educational activities, but they may not operate independently as an educational institution offering a specific level of education.

For individuals providing care in such facilities, the law generally does not require a pre-primary teacher’s pedagogical qualifications or a specific qualification for a childminder. However, the provider must ensure that, with regard to the children’s ages and the nature of the activities, the staff is actually capable of: providing continuous supervision, safely managing the children’s time outdoors, responding to an injury, a missing child, a sudden illness, or an allergic reaction, conducting a morning health screening, comply with hygiene and dietary procedures, and ensure that children are handed over to the authorised persons.

Decree No. 75/2023 Coll. on details of requirements for facilities for children and youth (Vyhláška č. 75/2023 Z.z. o podrobnostiach o požiadavkách na zariadenia pre deti a mládež) expressly requires that the operating rules include instructions for employees, including the obligation to ensure continuous supervision of children and a plan of action for emergency situations.

There is generally no mandatory staff-to-child ratio established for these facilities. Similarly, there is no uniform maximum number of children per group. Limits on the number of children are determined indirectly based on the approved capacity of the premises, the children’s ages, the nature of the facility’s operations, hygiene and structural conditions, operating rules, or the ability to ensure continuous and effective supervision.

Facilities are also not required to develop a school educational programme, a curriculum, or to keep the relevant pedagogical documentation. However, they must have operating rules approved by the Regional Public Health Authority. These rules must govern the daily routine, including activities related to education and training, outdoor time, rest periods, meals, water intake, hygiene, supervision, and the handling of emergencies. However, the operating regulations are not an educational programme, and their approval by the Regional Public Health Authority does not mean that the facility has obtained school status. The facility may voluntarily develop its own educational concept, activity plan, or forest education programme. Such a document, however, has only internal or contractual significance.