The new “Protected Schools” Law introduces measures that affect employers and educational institutions, including new obligations regarding situations involving employees.
Law No. 21,827, published on August 12 in the Official Gazette, establishes new measures for safety, order, and respect within educational communities and includes provisions that also have implications for labor matters.
In fact, various measures are introduced to strengthen safety within educational institutions, including the ability to search students’ backpacks and personal belongings, expanded authority in response to acts of violence, and new rules regarding the involvement of parents and guardians.
However, the legislation also includes some significant implications from a labor perspective.
- A New Obligation for Employers.
One of the most significant labor-related issues arises when a student refuses to allow their belongings to be searched. In such a case, the school must request that the student’s parent or guardian be present to participate in the procedure.
If such an authorized representative is at work, his or her attendance at the establishment may not be considered an untimely or unjustified absence from work for the purposes of the grounds for dismissal set forth in Article 160, No. 4, subparagraph (a) of the Labor Code. Furthermore, the law expressly provides that employers must grant the necessary accommodations to allow for such attendance.
The provision, however, does not expressly regulate aspects such as compensation for the time spent, the making up of lost time, or the specific manner in which such accommodations must be provided—matters that may be subject to administrative interpretation.
2. New Requirements for Educational Institutions
Institutions that choose to implement searches of backpacks, bags, or other personal belongings must first establish procedures for this practice in their internal regulations and specify, among other matters, which staff members are expressly authorized and trained to conduct such searches. The search must respect the student’s privacy and dignity and avoid any physical contact or unnecessary exposure.
However, in the event that an exceptional and individual review is conducted in a private space, at least two adults from the school must be present, one of whom must be a member of the school community team. In addition, a written record of the procedure must be prepared, and a copy must be provided to the student and his or her parent or guardian.
Furthermore, the law also provides enhanced safeguards for students with disabilities, special educational needs, autism spectrum disorder, neurodivergent conditions, or documented sensory sensitivities. Failure to comply with these safeguards will be considered a serious violation for the purposes of oversight by the Superintendency of Education.
3. Greater Protection Against Assaults on Teachers and School Staff
The regulations also strengthen response mechanisms to incidents of school violence. A written and documented account from an affected or involved education professional may constitute sufficient evidence to adopt immediate protective measures and initiate the corresponding proceedings, without prejudice to the subsequent evaluation of other evidence and due process.
Likewise, internal regulations may establish procedures to suspend access to the school for parents or guardians who have physically, verbally, or digitally assaulted staff members or students. Furthermore, an adult convicted by a final judgment for crimes committed against an education professional or assistant in the performance of their duties will be barred from contracting with the government for three years.
4. Effective Date, Implementation, and Pending Issues
The law took effect, as a general rule, upon its publication on August 12, 2026. However, those measures that require amendments to internal regulations—including the inspection of personal belongings and the suspension of access for certain authorized representatives—may only be implemented once such amendments have been incorporated and communicated to the school community.
From an employment perspective, it will be particularly important to observe how employers’ duty to provide “the necessary accommodations” to employees who must visit the school in the cases provided for by law is interpreted in practice, particularly with regard to the treatment of the time spent on such matters.
For more information on these issues, please contact our Labor Group:
Jorge Arredondo | Partner | jarredondo@az.cl
Jocelyn Aros | Director Labor Group | jaros@az.cl
Felipe Neira | Senior Associate | fneira@az.cl
Palmira Valdivia | Associate | pvaldivia@az.cl
Manuel Sepúlveda | Associate | msepulveda@az.cl
Catalina Díaz | Associate | cdiazp@az.cl
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