Collaborators of the DS, ANCoDiS: “There are no higher functions, but their qualified work”

“There are no higher positions for the school principal’s collaborators, but there is their qualified work.” So in a press release sent OggiScuola by ANCoDiS, the association that supports the legal and contractual recognition of DS collaborators and system figures who work in autonomous educational institutions.

The role of the collaborator

A first question to which we sincerely expect answers: Is it true that the teacher’s collaborator assumes a key role in the organizational and didactic functioning of the autonomous school? Legislative Decree 59/1997 am Art. 21 Section 16 provides – together with the handing over of management qualifications to school principals – the identification of new professional figures of teachers. Then with the art. 25, Section 5, Legislative Decree n. 165/2001 states that the school director “can be used in the performance of his organizational and administrative functions – in fact! – teachers identified by him, to whom specific tasks may be delegated …. “.

De Saz

Following a legal dispute over the apparent contrast of DPR 297/1994 Art. 7 Section 2 Letter. h an Art. 459 mam Legislative Decree 165/2001 Art. 25 Section 5, the Council of State held on 26.7.2000 that the figure of the Assistant Assistant and the relative replacement of the School Principal would not find a place in the school management system. However, note the need for legislative initiatives that bring order to the matter. Since there have been many appeals from teachers who have performed the functions of assistant professor – the legislature puts the issue to an end with paragraph 22 of Art. 14 of the Legislative Decree of 6 July 2012, n. 95, in which it is written that “Paragraph 5 of Article 25 of Legislative Decree 165/2001, shall be construed as meaning that the delegation of tasks to teachers does not constitute the assignment of higher duties or vicarious functions.”

Finally, the news in sentence no. 3408 of 3 February 2022 of the Court of Cassation confirming the possibility that “the principal can delegate tasks to his staff, but that does not mean the attribution of higher functions”. Well, for many novelties but with all due respect from many “experts”, in the Supreme Court’s judgment there is really NOTHING NEW!

The work of the collaborator

On the other hand, what has disappeared or even been denied in recent years is the valuable work that a collaborator of the DS – but without the attribution of higher functions – benefits in favor of its small or large school community, the formation and the professional experience gained in addition to the didactic ones, which have no recognition in career progression (non-existent today and how to talk about it!) and no effect in economics (now locked in the salary cage) produce so fond of conservative minds).

It is no longer possible to avoid the need for an organizational and didactic staff of the school director to select, organize and train teachers, which is the fundamental condition for guaranteeing the efficiency and effectiveness of the school’s pedagogical action. An intermediate link useful and necessary for the functioning of the autonomous school, which unfortunately remains in the context of professional insecurity, whose members are often – in our opinion – paid for due to unfair negotiations in the school.

The CCNL

So if the delegate teacher is paid exclusively from the funds provided for the co-payment, that contractual instrument should be considered. And so, in the next CCNL of the school, the current art. 40 through the integration of point 1 with the letter G) the resources allocated to the collaborators of the school director identified according to paragraph 5 of Art. 25 of Legislative Decree 165/2001, point 4 with the letter I) the work of the collaborators of the school director identified according to paragraph 5 of Art. 25 of Legislative Decree 165/2001 and point 5 with letter E) a loan for the tasks of collaborators of the school manager identified according to paragraph 5 of Art. 25 Legislative Decree 165/2001.

In addition, the evaluation of the service provided in the collaboration, the indication of an adequate score in the internal ranking of the institute and in the mobility operations and the recognition of the multi-year service as a prerequisite for access to the competition for DS (obvious with possession of cultural titles).

We finally hope that the ministry and the unions. can pay attention not only to the workers and to all the professionals of the school, but also – as it is established by the arts. 36 of the Italian Constitution – to the QUALITY and QUANTITY of the work of school managers collaborators. The School of Autonomy works and carries out its pedagogical project year after year through the work of planning, programming and coordination. And from the constant surveillance of thousands of women and men who attend school.

It seems to us … sic et simpliciter “!

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