Lately, schools have been increasingly struggling with the selection of subjects to entrust the realization of certain pedagogical projects. Ministerial Decree n. 48/2021 (better known as “Monitor 440”) and the PON “Learning and Society” are just a few examples of funding that schools have engaged in the search for subjects that can play the role of the expert. With this article, we will try to delve into the most relevant facets of this broad and current topic.
Once you have clarified the sources of regulation and the related discipline and provided a model for the selection note, it is now appropriate to examine the steps that each school must take to identify an expert who can achieve this. entrusted with certain pedagogical projects. These can be summarized as follows:
- Internal selection note. Through such an act, the school makes a recognition of the staff that is available inside. The notice must contain the following essential elements:
- Selection criteria (cultural and professional requirements and scores);
- The method for submitting applications;
- Information about the processing of personal data;
- Multiple collaboration note . Once the school has identified the lack of professionalism through internal advice, the school will, if possible, seek the resources of another school. This was confirmed on 29 November 2007 in the National Collective Agreement for the school sector. Above all:
- For teachers, Art. 35 states that “teachers may lend their cooperation to other public schools which, in order to carry out specific projects approved by the competent authorities, must have special professional competencies which are not present or unavailable in the teaching staff of the school institution. to be”.
- For ATA Personal, Art. 57 states that “ATA staff may lend their cooperation to another school to carry out specific activities that require special professional skills that are not present in that school”.
- Notice of external selection. In the event that the above notices do not give positive results, the educational institute may externally seek the figure it needs. In this case, it is necessary to respect the players of art. 7, Section 6, Legislative Decree no. 165/2001. In particular:
- the object of the service must correspond to the competencies ascribed by the legal system to the conferring administration;
- the service must be of a temporary and highly qualified nature;
- the duration, object and remuneration of the collaboration must be determined in advance. Renewal is generally not allowed and any extension of the original assignment is allowed, exceptionally, for the sole purpose of completing the project and for delays not attributable to the collaborator;
However, it should be clarified that if the identified expert was an employee of another public administration, such as that by Art. 53 of Legislative Decree 165/2001, the school, before proceeding with the task of the task, is obliged to give the authorization of the administration to which the employee belongs.
In all the cases just mentioned, the notices are followed by:
- Decree appointing the Commission;
- Minutes of the Commission;
- Provisional award decree (in case there is more than one application)
- Final award and assignment decree;
- Letter of appointment (in case of notification of internal selection or multiple cooperation;
- coordinated and continuous collaboration contract, occasional service contract and work performance contract according to Art. 2222 cc (most common act in case of an external selection note);
It is good to remember that, after the completion of the selection procedure, the educational institutions are obliged, by the expert, the so-called declaration of non-existence of a conflict of interest situation.
The obligation to proceed with the procedure described above is subject to several exceptions. As emphasized by both the Court of Auditors and the Ministry of Administration, the exceptions to the comparative principle are of an exceptional nature and can only be attributed to a few hypotheses, even alternatives. In particular:
- Uniqueness of the service from a subjective point of view (intuitu personae task) and / or highly qualified services;
- Urgent from unpredictable situations;
- only occasional appearances that end in an episodic appearance;
The salary of the expert is generally defined by the school regulations on individual tasks. However, it must be said that where activity is taken into account through regulatory or contractual references, it is this that finds application. In this respect, it seems useful the provisions of notebook no. 3 of the Ministry of Education on the subject of remuneration. In particular,
- for teaching activities an hourly wage of € 35.00 gross employee is paid;
- for activities other than teaching staff, an hourly wage of € 17.50 gross is recognized for staff;
- for training, a maximum hourly compensation of € 41.32 gross is guaranteed for employees;
- for scientific coordination and planning activities a maximum hourly rate of between € 41.32 and € 51.65 is recognized;
- ATA staff, on the other hand, are paid a variable remuneration depending on whether the task is assigned to an administrative / technical assistant or a school collaborator;
- for external experts, a tax must be provided that takes into account the object of the service as well as the required professional specificity;