Non-governmental schools: norms, typologies, parity recognition. A FOCUS

With this contribution, we analyze the world of non-state schools that are part of the Italian education system, in addition to the public school system. We therefore try to distinguish between types of entities and peculiarities and function.

The art. 33 of the Constitution.

The constitutional principle of freedom of education is based on art. 33 of the Italian Constitution, which states: “Arts and sciences are free and their tuition is free.

The Republic dictates general rules of education and establishes state schools for all orders and degrees.

Entities and individuals have the right to set up schools and educational institutions free of charge for the state“.

The right of private individuals to establish various schools and institutes for the purpose of carrying out didactic, educational and training activities is therefore affirmed.

The article then goes on to say that: “When establishing the rights and obligations of non-state schools that ask for equality, the law must ensure full freedom for them and for their students an educational treatment similar to that for students in state schools.

A state examination is required for admission to the various orders and grades in schools or for their completion and for the qualification for professional practice.“.

Therefore, the discipline of the modalities for the recognition of parity in the public school service is attributed to the law of the state schools.

Types of non-state schools.

Non-governmental educational institutions can be divided into:

-like, recognized under Act 62 of 10 March 2000;

non-equal, provided for in Legislative Decree 250 of 5 December 2005, as amended by Act 27 of 3 February 2006;

aliens, governed by Decree of the President of the Republic No. 389 of 18 April 1994.

Straight schools.
The private schools, which are subject to Act 62 of 10 March 2000, perform a public service of significant social significance. Private schools may be managed by natural persons or by entities with or without legal personality, non-profit or for-profit purposes (Article 1, section 636, Act of 27 December 2006, no. 296).

Gender equality can be recognized both in individual school institutions and in school complexes consisting of schools which also belong to different classes, orders or types and which operate in a single place or in a territorial area compatible with the continuity of courses, always within the same region.

The leader, a natural person or entity with or without a legal person, is the guarantor of the school’s cultural identity and educational project and is responsible for the operation of the educational institution towards students, families, the community and the Administration.

Recognition of equality guarantees citizens:

  • equalization of rights and duties of the students who go there;
  • the same procedures for conducting state examinations, without differentiation and in accordance with Art. 33 of the Constitution;
  • fulfillment of the compulsory education;
  • the qualification to issue qualifications with the same legal value from public schools without formal differences.

It follows that schools of the same age are part of the national education system and oblige them to:

  • to welcome all students who accept the education project and request to enroll, including students and students with disabilities;
  • to help achieve the purpose of education and training that the Constitution assigns to the school.

The recognition of equality.

The application for recognition of parity is submitted by the manager or, in the case of a public or private body, by the legal representative. The application submitted by a church body must be accompanied by nulla-osta from the competent church authority. The application submitted by a local authority or region must be provided with the relative deliberative action adopted in accordance with the respective rules.

The application must be submitted no later than 31 March in the school year preceding the one from which the gender equality effects run. The manager or the legal representative of the management must declare at their own risk:

  • the information concerning one’s legal status as well as the possession of the necessary necessities pursuant to Article 353 of Legislative Decree of 16 April 1994, n. 297;
  • the obligation to adopt a school budget that is in line with the applicable advertising rules for the specific management and in any case available to anyone at the school who has a qualified interest; the budget must clearly state any partial funding from the state;
  • the obligation to establish collegiate bodies in the school based on democratic participation;
  • the obligation to apply the current rules on the integration of students with disabilities, with specific learning difficulties or under disadvantaged conditions;
  • the obligation to accept the enrollment in the school by anyone who accepts the education project is in possession of a qualification valid for enrollment in the class they intend to attend and is not younger than that provided for in the the applicable school regulations;
  • the obligation to establish complete courses with the exception of kindergartens;
  • the obligation to employ teaching staff with the qualifications required for the teaching provided;
  • the obligation to use a coordinator of the pedagogical and didactic activities in possession of the necessary cultural or professional qualifications;
  • the obligation to establish individual employment contracts for the coordinator of pedagogical and didactic activities and individual employment contracts in accordance with the national agreements of the school teaching staff;
  • the legal qualification of the head of the private school with the specification of being a legal entity “for profit” or “not for profit”.

The Director of the Regional School Office responsible for the area shall complete the procedure by adopting a reasoned provision recognizing or denying parity by 30 June of the preceding school year. In addition, the USR is responsible for periodically verifying that the necessary conditions for parity are met.

The school calendar defined by each region also applies to private schools.

Invalsi test.

As part of the national education system, peer-to-peer schools are required to participate in the initiatives to verify the levels of learning and assessment set for the national education system and organized by the National Institute for School System Evaluation (INVALSI).

Not schools of the same age
These schools are registered in special regional lists, which are updated every year.

Regular non-peer school stays of students constitute fulfillment of the education obligation, but they may not issue qualifications with legal value or intermediate or final certificates with legal certification value.
Therefore, students must take an entrance exam at the end of each school road or if they want to transfer to a state or equivalent school.

This is the significant difference with regard to public and / or equivalent schools.

Attached are the guidelines for procedural procedures for the recognition and maintenance of scholastic equality, issued in 2008 and currently in force.

Decree 83

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