City council, school help service for students with disabilities
It was Councilor Lucia Maddoli who illustrated for the Ipp, Pd and Giubilei groups the question posed last January 20, about the tender for the establishment of the school help service for students with disabilities in the municipality of Perugia.
The act emphasizes that the service in question annually involves around 400 pupils in 100 different schools of the municipality of Perugia of all levels and is very delicate because it affects fragile subjects. In October 2021, the municipality of Perugia launched a tender to be entrusted with this service, awarding it to the company Aldia di Pavia. This has led to a change in the manager compared to the past, which generates strong concerns between families and teachers because the relationship of trust between educators, children and families has failed.
All the more so since the competition took place during the school year, and thus in the course of the dossier provided a change in the situation which it would have preferred to avoid by preparing the documents during the summer period.
Provided that the offer requires the successful provider to possess adequate prerequisites before the start of the service, the Instants request with the request for clarification:
– on the reasons for the inappropriate timing of the tender;
– if the municipality has properly verified the correspondence between the curricula of the educators and coordinators of the excellent company and the curricula of the staff, which started work on 10 January;
– if the possibility, as an alternative to tendering, was considered on collaborative methods based on co-programming and co-planning with the stakeholders, as permitted by the Third Sector Code.
Deputy Mayor Gianluca Tuteri responded, also in light of the statements made by the offices, stating that the management of the business took place in full respect of children, families, workers and the laws governing contracts, as this the only way was to move on. .
Going into the merits, in terms of the verification offered on the human resources by Aldia for the purpose of performing the contract, the verification was carried out with a specific report submitted by the sole head of the procedure on 21.12.2021 was erected. Therefore, before the start of the service, which took place on January 10, 2022, the inspections were carried out correctly and Aldia had the necessary prerequisites to start the activities after listing 109 units as staff in the offer. employed in the services. In addition, evaluations of 62 subjects were made, also with regard to the training and professionalism, which were covered during the 3-year period. Finally, 57 units would have been taken up by Aldia by the exit manager, according to agreements with the unions. On 12.01.2022, Rup also reactivated the controls during the contractual execution phase, in particular by starting the procedure for verifying the requirements of the subjects (some results compared to the 109 indicated at the beginning ) effectively provided by the part of Aldia for the provision of the service. The checks sent the culmination of the quarrels to Aldia on February 2nd and 4th.
As is well known, Borgorete’s appeal was upheld on the tar (without ordering the suspension of the administrative judge), while Aldia exercised the right to dissolve from the contractual relationship on 24 February, according to the contract code, Art. 32.
As a result of the above, with executive resolution no. 500 of 01.03.2022, the Rup decided to distribute the school help service for students with disabilities in favor of the constituent rti Borgorete Society, Agent, and Polis Social Society, with effect from March 7 and without resolving continuity with respect to management by Aldia (until March 5).
As for the reasons for the timing of the tender, Rup notes that the extension of the previously entrusted contract with ddn 1864 was arranged from 01.09.2021, with the contractual extension provided for until 31.12.2021; the reason for this deadline was presented by the offices as being linked to the need to allow any change of manager – from the tender procedure – during the termination of school activities during the Christmas holidays. And this is exactly what happened, because the offer was made in favor of Aldiail on 23rd December in time to receive the service when the courses start again after the holiday season, and to avoid any solution of continuity.
In addition, the adoption of a further extension provision would not have been legitimate, given the presence of an effective award of the tender.
Finally, with regard to the use of co-planning under the Third Sector Code, it is noted that administrative case law emphasized the necessary nature of the gratuity, which implies the lack of a form of remuneration and reimbursement of expenses, with the consequence that the selection made by the public body respects the violation of the rules laid down in the Code of Public Contracts, and in general also the drawing up of social services.
In general, it can be said that there is no a priori deterioration in order to set up initiatives for the future, implemented with the methodology of co-programming and consistent co-planning, provided that they are free of charge in the Light of what is established by case law.
Finally, we inform you that it has been decided to extend the current school year 2021-2022 and from 21 March 2022 the time allocations already communicated to the schools, with the resources of the “POR FSE – Umbria 2014-2020 :
This means that with the new resources, the students who allocated 4.5 hours per week in January 2022 will have their weekly budget increased to 5 hours.
Due to the aforementioned determination, it is also possible to extend the service for the period from 10th to 30th June also for the 46 pupils from the playschools used by the ASL as operators.
In response, faction leader Pd Bistocchi stated that despite Tuteri’s words, there is no real happy ending in this story, as in the meantime damage has been done to workers, families and children. In short, for the Board of Trustees in the affair, many and grave mistakes have been made that have upset the public and private lives of many people.