Students with a disability with half hours for the whole school year, Anief: The court compensates the family with 8 thousand euros

Anief – The reduction of the weekly support hours provided by the medical-education team to a severely disabled student is an operation not only unworthy of a modern country, but also illegitimate in terms of legislation and the right to study: This was repeated by the court.Ordinary of Rome, Eighteenth Civil Section, doubled in the first degree the training offer of support for a disabled student who had been assigned 11 hours instead of 22, and compensated the family with 8 thousand euros.

The thesis of the lawyers working at Anief, according to which the school administration has a “discriminatory behavior” with “sufficient measures to guarantee the school inclusion of” young trainees, was thus fully accepted.

“We are pleased with the outcome of the appeal – commented Marcello Pacifico, National President of Anief – because it represents an important signal against an administration that too often proves dead for the training needs of the weakest and most attention. On the other hand, they We are also aware that the 8,000 Euros that the family received will never give back to the student the missed education, but at least justice has prevailed and somehow the family has confirmed that he is right. We invite everyone those who find themselves in these conditions do not hesitate to contact us because Appeal to judges, including free of chargemeans saying no to the violation of the right to study against students ”.

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The judge issued “an emergency measure calling on the accused administrations to allow students (…) a teacher support in the derogation, with a ratio of 1/1 and for the maximum number of hours” to mention: his job was also secured in a pandemic regime, as the sentence explicitly asks “to cover the entire distance education schedule, which was currently in force throughout the country due to the pandemic emergency”.

The appeal was therefore called for the administration to be sentenced to compensation, as the whole school year has passed without the minors being assured of the provisions of the relevant Disability Working Group – GLHO, which “covered the established times”. so much so that in developing the Personalized Education Plan (IEP) “there has been a specific indication of the need for maximum hours of support for students”. “.

As to the award, the judge found that “in the presence of the violation of a fundamental right of constitutional significance, such as the present case based on evidence of the injured party of the known fact (consisting of the state of disability). of the student in the provision of a number of support hours less than those required by the IEP), from which – according to rules of common experience – it follows the occurrence of a damage that can be defined as dynamically relational, because the presence of the teacher’s support is functional for a student’s participation in the school context that is full and effective, or in any case related to the maximum extent that his / her health conditions allow “.

Finally, the court held that the compensatory nature should not be “ridiculous” because the inclusion of the person with a disability, and ultimately his social dignity, was denied. Therefore, the claim for compensation must be accepted. The relative measure can be estimated on a fair basis with a rate of € 8,000.00 compared to the whole school year. “In addition, the judge ordered the respondent party to reimburse the costs of the case in favor of the plaintiff, which will be deducted in € 1,250.00 for professional fees, plus VAT and CPA and reimbursement of overheads, in favor of the defendants”.

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The Anief recalls that it has activated the 10th edition of the free campaign “nonunoradimeno”: the initiative created for all students with disabilities to guarantee the weekly support hours that schools required according to established case law: the campaign also has the right to compensation for damage and benefits of the family of the disabled student, whose right to education and integration of the administration has been violated.

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