the support teacher is a teacher, provided specific training, assigned to the class where the student is present disabled. It requires the head teacher and quantification of hours of support needed from the diagnosis is functional and the project delivered by the Class Council.
Law 244/2007 (Finanziaria 2008) had repealed the possibility of exceptions in fact employs the staff for their support and fixed a quota of places for support. Specifically, the Finance Act 2008, no 244 provides that "... the number of posts of assistant teachers as the school year 2008/2009, shall not exceed 25% of the total number of sections and classes provided in the body of law of the school year 2006/2007 ", changing the previous law which expressly provides for exceptions in the allocation of teachers to support students with disabilities in cases of particularly serious.
I doubt the constitutionality of the said Finance Act, now at last recognized based were raised in proceedings pending between the Ministry of Education and the parents of a Sicilian girl, who suffered from psychomotor retardation and seizures to severe encephalopathy, who had appealed against the decision with which the school administration, in the training of staff, had assigned a tutor for 12 hours per week for 25 hours instead of previously granted.
The Constitutional Court, with the Judgement of 22 February 2010 number 80, has ruled unconstitutional the paragraph of the Finance Act 2008 in so far as setting a ceiling on the number of posts of assistant teachers, and an article in so far as it excludes the possibility of recruiting teachers notwithstanding the presence of support in classes of students with severe disabilities, once exhausted the means of protection provided by law.
The Constitutional Court states in its ruling that "Each disabled person is involved in a rehabilitation process aimed at its full integration into society process in which school education and integration play a leading role." The Court in the grounds of the further claims that "the choice made by the legislature, in particular to abolish the reserve that allowed teachers to take on fixed-term support, there is no justification in our system, since that is one of the reserve means by which it is made the basic right to education of the severely disabled. "
Following the ruling, have been submitted parliamentary questions to spur the government to take initiatives to introduce a revision of the rule and proceed to the stabilization of the teachers of the current support service. See the statement of the course will guide the outcome of any litigation brought by individuals concerned. E 'hoped that it will remove barriers to job support in derogation where there are real needs.
need a revision of the legislation, because the acceptance and full integration of disabled people should continue to be a hallmark of quality for the Italian school.
Parent School Committee - Coordination Parents Democrats, Grosseto, in April 2010
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