This space aims to answer questions and queries frequently posed by students and parents. The answers are provided by the Rienzi Law Firm, which has been practicing school law for nearly 50 years. The knowledge and experience gained over the years make it one of the most prestigious boutique law firms in the country. If you need advice, you can visit the website www.studiorienzi.it or call +39 06 37353066.
Graduating as a private student means taking the State Exam as an external candidate at a school of your choice. Once you pass the high school exam, the diploma obtained has the same legal value as one earned by someone who has regularly attended an on-site course and appears before the class council as an internal candidate.
Regarding school credits for this category of students, who must pass a preliminary test before taking the final exam, Article 11, paragraph 7 of Ministry of Education and Merit Ordinance No. 45 of 2023 provides that "For external candidates, school credit is awarded by the class council before which the preliminary exam is taken, based on the school curriculum documentation and the results of the preliminary tests, as set out in the table in Annex A to Legislative Decree 62/2017. The awarding of credit must be approved, justified, and recorded."
Paragraph 8 also establishes that certain special cases apply to external candidates. First, for external candidates who have been admitted or declared eligible for the final year following aptitude tests, school credit is awarded by the class council before which they take the preliminary exam:
1. based on the results of the preliminary tests for the fifth year;
2. eight points for the fourth year, if the candidate has not passed or been admitted to the fourth year; 3. seven points for the third year, if the candidate has not passed or been admitted to the third year. Secondly, for private students who have passed or been admitted to the fifth year of their course of study, the academic credit for the third and fourth years is the credit already earned in previous years.
Law 104/92 aims to ensure full respect for the dignity of persons with disabilities, their rights to freedom and autonomy, through full integration into the family, school, work, and society. It promotes school integration as a goal for developing individual potential. To achieve the objectives set by the legislation, a document has been identified that encompasses all the needs and objectives of the individual student, namely the PEI – Individualized Educational Plan. The PEI – Individualized Educational Plan annually describes the educational and teaching interventions intended for the student, defining objectives, methods, and evaluation criteria. It is an integral part of the class's educational-didactic program and contains: - educational goals and objectives, and in particular the educational, socialization, and learning objectives related to the various areas, which can be pursued throughout the year, also in relation to the class program;
- the work itineraries (specific activities);
- the methods, materials, aids, and technologies used to organize the program, including resource management (timetables and activity schedules);
- the evaluation criteria and methods;
- the forms of integration between school and extracurricular activities. Since the evaluation of students with disabilities is based on the IEP, both in terms of objectives and assessment methods and criteria, this document must clearly contain all the elements that will effectively allow the outcomes of the teaching activity to be evaluated. The IEP is drawn up at the beginning of each school year and is subsequently reviewed. It is drafted jointly by the school and the Services (Psycho-Social Health Team) with the collaboration of the family.
In addition to the tools provided by the legislator to address the individual needs of each student, a further document has been established to achieve the objectives of Law 104/92; this time, it was prepared by the school's principal, called the POF (Piano dell'Offerta Formativa). An inclusive school must necessarily take its students with disabilities into account when formulating the POF. It must describe what it offers its users in terms of effective usability for all, including students with particular difficulties, as well as indicate how the school intervenes to overcome any obstacles, to better respond to special educational needs. In particular, it must clearly define the methods for organizing less structured activities such as supplementary activities, field trips, social spaces, etc., and, to avoid the risk of exclusion, it is important to intervene upfront with appropriate inclusive planning.
For more information: MIUR Guidelines for the School Integration of Students with Disabilities.
The Ministry of Education, with Note No. 843 of April 10, 2013, established the Guidelines for Individual International Student Mobility; in other words, the guidelines concern the reintegration of students upon returning from a study experience abroad. However, the procedures for this reintegration may vary depending on the institution. Generally speaking, at the end of the study experience abroad, it is the student's responsibility to submit the documentation issued by the foreign institution they chose and attended. The Class Council will evaluate the student's learning path based on an examination of the aforementioned documentation and will verify the acquired skills compared to those expected as indicated in the Learning Agreement. To this end, if the Class Council deems it necessary to ensure that the student has not neglected key curriculum components, the student may also be assessed through supplementary tests to arrive at an overall assessment, which also takes into account the assessment given by the foreign institution on subjects common to both educational systems. This assessment allows us to establish the student's academic credit within the relevant ranges established by the legislation.
Schools are sometimes faced with the need to meet the educational needs of students who participate in sports at a significantly higher level than the average. Within the EU, some states are promoting agreements between the sports system
and the education sector or the labor market to balance the demands and commitments arising from this "dual career." These agreements comply with the "EU Guidelines on Dual Careers of Athletes."
In Italy, Law 107/2015, in order to encourage the strengthening of physical and sporting activity in schools, identifies, in Article 1, paragraph 7, letter g), among the priority educational objectives to be achieved by schools, the "protection of the right to education of students participating in competitive sports."
With Ministerial Decree no. 935 of 11 December 2015, the Ministry of Education, University and Research (MIUR) intended to guarantee the possibility for interested educational institutions to take part in an "Experimental programme, aimed at identifying a training model to develop innovative teaching supported by digital technologies and related assessment, dedicated to all high-level student-athletes enrolled in state and private secondary schools throughout the country" with the aim of "overcoming the critical issues in the scholastic education of student-athletes, especially relating to the difficulties they encounter in regularly attending school lessons". In accordance with the above-mentioned EU and national framework, for "high-level" student athletes in the third, fourth, and fifth years of secondary school studies—subject to certification by the relevant sports federation that the young person belongs to one of the aforementioned athlete categories—work-study activities may include sports commitments, based on a personalized training project shared between the school and the CONI-recognized sports organization, federation, club, or association overseeing the student's athletic career.
In accordance with the Operational Guide issued by the Ministry of Education, University and Research (MIUR), an agreement must govern the relationship between the school and the host institution. This agreement is the CONI-recognized sports organization, federation, club, or association overseeing the student's athletic career. The host institution will appoint an external tutor responsible for ensuring coordination between the host institution and the school.
Particular attention must be paid to specific health and safety training in the environments where athletic activities take place and to the specific risks associated with the use of sports tools and equipment.
First of all, it must be acknowledged that the Administration has not yet issued an updated regulation concerning the system of transfers within the national education system, which was otherwise provided for in Legislative Decree 226/05.
In any case, the regulatory provisions contained in Articles 192 and 193 of the Consolidated Law, well summarized in Ministerial Decree 90/2001, are still considered applicable to this situation. In particular, reference is made to the provisions of paragraph 5 of Article 226/2005. 193, which states, "[…] The supplementary exams referred to in Article 192, paragraph 2, are held in a single special session, which must end before the start of classes [...]."
Albeit indirectly, it should be noted that the annual enrollment circular stipulates that transfers from one major to another are permitted only "in the first few months of the first year of the course" (see point 8 of MIUR note no. 22994 of 11/13/2019).
It states the following: "Schools shall give effect to the right of parents and those exercising parental responsibility to freely choose the course of study deemed most suited to the minor's aptitudes and aspirations. Therefore, if interested parties request, after enrolling in the first year of a school or training institution and before the start or in the first months of the school year, to opt for another course of study or another school or training institution, the relevant reasoned request shall be submitted to both the headmaster of the school of enrollment and the headmaster of the destination school."
If the application for enrollment is accepted by the principal of the receiving school, the principal of the first school is required to send authorization to the interested party and the receiving school. The regional school offices support parents and guardians of minors who transfer their enrollment, particularly in the process of identifying the receiving school (e.g., in the event of a denial of enrollment by the chosen school due to insufficient capacity for the relevant classes). Please note that certain students, such as the children of individuals who carry out itinerant activities, particularly traveling entertainment workers, may request to transfer their enrollment multiple times. While drawing attention to the need for transferring enrollment not to result in the activation of new classes with increased costs to the state budget, it is recalled that the resulting adjustments in the National Student Registry are handled by the receiving school.
Given the above, we do not believe that the Institute's regulations can identify organizational/operational methods that would allow for a breach of a regulatory provision. This is also because, at the end of the course of study, when applying for the state exams, it could be revealed that a legally valid requirement for admission to classes of a different nature is lacking without an appropriate supplementary exam.
The process for diagnosing a learning disability (SLD) is prescribed by Law 170/2010, which regulates all technical and bureaucratic aspects of Specific Learning Disabilities. In all regions, local health authority (ASL) diagnoses are considered valid certification, but the situation varies for the private sector. In Piedmont, diagnoses made by the local health authority (ASL) and by private professionals (a team consisting of a child neuropsychiatrist, psychologist, and speech therapist) are valid. In the latter case, the diagnosis must be validated by the Specific Learning Disabilities Group (GDSAp) of the relevant local health authority (ASL).
The diagnostic process, in the event of suspected SLD, can only begin after the school system has activated a student observation period (no less than 6 months), if, despite the work of enhancing teaching and appropriate teaching strategies for basic skills—described in the Ministerial Decree—the student fails to achieve the required level of learning. Ministry of Education, July 12, 2011 - The suspicion of a learning disability persists. The school produces a "School-Family Collaboration Form," describing the student's academic abilities, which it then provides to the family. This form serves as a communication tool between the school, family, and health services when a learning disability is suspected.
The Health Authorities, through the GDSAp, guarantee the formulation of the diagnosis/descriptive report within six months of receiving, through the family, the Collaboration Form prepared by the and the subsequent issuance of the certification.
If the family intends to use trusted private professionals to perform the DSA diagnosis, the latter must contain, in compliance with the Guidelines and D.D. 547 of July 21, 2011, the following medical documentation:
- child neuropsychiatric evaluation, which excludes the presence of sensory, neurological, and serious psychopathologies or abnormalities that could cause the disorder, and indicates any dysfunctions related to the disorder;
- assessment of intellectual functioning, i.e., cognitive skills, through the use of multidimensional cognitive tests that highlight the IQ and the related functioning profile, with attention to emotional and relational aspects;
- assessment of academic skills, i.e., the specific skills involved in reading, writing, and arithmetic;
- possible neuropsychomotor assessment or other specific assessments if further information is needed.
The family must submit this documentation to the GDSAp (Specific Learning Disabilities Group) of the Local Health Authority (ASL) through the "Request for DSA Certification." The GDSAp will evaluate the documentation for consistency and completeness and, if complete, will issue the certification valid for obtaining the expected benefits within 45 days of receiving the request.
Ministerial Decree 5669/2011 establishes that "[…] the school guarantees interventions for students with DSA through the preparation of a Personalized Learning Plan, indicating the compensatory tools and dispensatory measures adopted […]". The primary person responsible for preparing the PDP is the class council of the student or students who have received a DSA certification: the class council can also request the support of the school's DSA representative, and families and external experts are also involved in drafting the PDP to provide all the information and elements necessary to make it as complete and useful as possible.
When difficulties arise, parents can seek clarification from the DSA representative or the school principal: one of the reasons justifying the revision of the PDP is precisely the change of teachers and the request for new ones to include their strategies, effectively updating the document as required by Law 170.
All students who experience difficulties in learning or accessing the school curriculum are entitled to Inclusive Teaching (DID). This may include students with disabilities, specific learning disabilities, special educational needs, foreign students, or students with other special needs. Similarly, a student with a specific learning disability such as dyslexia may receive additional support such as assisted reading or compensatory strategies, and as a last resort, the option of requesting distance learning. Ultimately, the right to DID applies to all students who require interventions and adaptations to learn effectively and actively participate in school life.
Hikikomori refers to a condition that affects adolescents and young adults who live isolated from the world, almost always locked in their bedrooms; broadly, the term also refers to individuals experiencing this condition. Literature identifies hikikomori as a phenomenon largely caused by social competition and the high expectations of personal fulfillment typical of modern societies.
Social distress, particularly that related to the school environment, appears to be a determining factor in the individual's choice to isolate themselves: school is experienced as particularly negative due to the strong pressure for social achievement generated by competition with peers; dropping out of school is one of the first actions undertaken by hikikomori.
The Ministry of Education, Universities, and Research has issued guidelines on this matter to address the regulatory gaps resulting from the rapid spread of this phenomenon.
- Interventions that support the right to education and training: implementation of projects aimed at providing educational and teaching support to socially disadvantaged students with special educational needs, through participation in interinstitutional calls for proposals and trials;
- Personalization and differentiation of the student's educational path based on Law 53/2003 and Presidential Decree 275/1999;
- Identification of a SEN situation: reported by the family and/or recognized by teachers;
- Activation of an "independent" homeschooling program approved by the school;
The relevant regulatory sources are the following:
- Presidential Decree 275/1999 art. 4 co. 2: Teaching autonomy
- Presidential Decree 122/2009 art. 14 co. 7
- Legislative Decree 66/2017 art. 16
Currently, the previous legislation did not impose any limit on the number of years of study a student can recover through aptitude tests in a single school year.
The new regulation under consideration introduces a maximum limit of two years. This measure aims to prevent a student from recovering an excessive number of years of study through a single exam, potentially compromising the quality of their education. To ensure greater objectivity and transparency in evaluation procedures, the new regulation stipulates that, if the aptitude test covers two years of study, the examination committee will be chaired by a teacher external to the school, appointed by the Regional School Office. The new regulation applies to all schools in the national education system, both state and private, thus ensuring uniform treatment for all students.
The primary objective of this reform is to ensure greater rigor and seriousness in evaluation procedures, avoiding the risk of "shortcuts" that could compromise the quality of students' education. Furthermore, the measure aims to enhance the role of schools in supporting struggling students, promoting personalized and sustainable recovery paths.
