The training on the inclusion of disabled pupils, which is compulsory by law and enforced by the Ministerial Decree outside the services, takes place (only for non-specialized teachers and with at least one pupil with a disability in the classroom) with the provision of Courses for 25 hours. Such hours are in addition to the regular hours of service and are unpaidMoreover, this formation obligation is not provided for by any contractual regulation.
No state law sets additional working hours, ie over working hours, for the obligation of education. In all the legislative norms in which we speak of teacher education, we are talking about the obligation of training, that is, without the hourly increase for teachers.
The compulsory, permanent and structural training of teachers, defined from paragraph 124 of Law 107/2015 should be carried out during the service of the teachers. This means that the compulsory nature of the training is strictly linked to the time service of the teacher and does not constitute an increase in the hours, except those provided for in the contract.
The training of teachers and school staff is a contractual privilege, so it should be remembered The formation is provided by Art. 63 of the CCNL School 2006/2009in which it is written that appropriate funding must be provided for educational institutions for the participation of staff in the service of training initiatives approved by the teaching staff. This means that the training, even if required by law, remains the subject of negotiations, of the collective resolution and its performance should not be carried out in additional hours to normal service.
Formation and renewal of the contract
Even in theLaw of address for renewal of school contractMinister Bianchi, does not speak of education as an “obligation”, but rather as a right and a duty.
The law states that continuous training is a right and a duty of the staff, which takes place during working hours. The contract will define a package of hours, specifically and compulsorily intended for training, aimed specifically at teacher training and, for Ata staff, improving IT and digital skills for the use of IT tools related to the administrative work.
The contract, which provides for further commitment to improve all staff and is made without prejudice to the principle of remuneration for work outside working hours, may provide for the methods by which the commitment to certified training activities is evaluated and consistent with the didactic activity. carried out, it will lead to further developments of professional development also in connection with what is envisaged connection connection of Art. 24 of the CCNL 2006-2009.
Therefore, it also appears from the guidance law of the Minister of Education that the training carried out outside the hours of service must take into account the principle of remuneration.
Inclusion training obligation
The rule that introduced the obligation of education regarding inclusion does not require that it be done outside of service, but limits its performance outside of teaching hours.
With the 2021 Budget Act, in section 961, introduces the compulsory education of teachers who are engaged in classes with students with disabilities. This training is aimed at the school inclusion of the student with a disability and aims to guarantee the principle of joint ownership in taking over the student himself. Decree of the Minister of Education, which shall be adopted within thirty days from the entry into force of this law, lays down the implementing procedures which provide for the prohibition of exemption from education, the allocation criteria, the conditions for the provision of education for only Staff not in possession of the Specialization Qualification on Support, the determination of the training units in each case not less than 25 hours of general engagementthe criteria and methods for monitoring the training activities referred to in this section.
The Ministerial Decree 188/2021 specifies the implementation methods of the compulsory training interventions of teachers who are engaged in classes with students with disabilities, for the school year 2021/2022, underlining that it is necessary to guarantee for each training unit a minimum of 17 hours of training and presence and / or distance and 8 hours of insightwith the modalities of planning or documenting didactic experiments and research / action.
Up to 10 hours of service per day
Some polo schools, which have organized inclusion training courses, provide 5 hour meetings from 2 to 7 pm.
These schedules and calendars do not allow teachers to be separated from work at all, do not take into account the difficulties of teachers, including working days during which up to 10 hours of service are held.
All this without, contrary to the judgment of the European Court of Justice, any remuneration for the additional hours of compulsory education.
Training is a work activity
The content of the judgment of the European Court of Justice of 28 October 2021 has further implications for the training obligation in the field of inclusion. In fact, it is not legitimate to carry out the compulsory training activity outside of working hours, as required by the Court of The Justice of the European Union confirms that all activities, from training, arranged by the employer must be considered for all intents and purposes “Working hours“And therefore included in the services provided or economically recognized if they exceed service hours.