Scholastic obligation of foreign minors: what the law says. Guide

Due to the recent war developments that have led to the increase in migration flows in our country, we provide useful guidance on the right to education for foreign minors who have arrived in Italy. With reference to the legislation provided for in DPR 31/08/1999, n. 6 of Decree-Law of 25 July 1998, No. 286 “.

Compensation for Italian minors.

Under the above legislation, foreign minors present in the national territory are entitled to education regardless of the regularity of their attitude to their stay in the forms and methods provided for Italian nationals. They are required to teach in accordance with the applicable regulations on the subject. The enrollment of foreign minors in the Italian shakes at all levels takes place in the manner and under the conditions provided for Italian minors.

A peculiarity is that the registration can be presented and can be requested at any time of the school year.

Registration with reservations.

Foreign minors without personal data or in possession of irregular or incomplete documentation are registered in any case, even if it is subject to reservations.

Registration with a reserve does not affect the achievement of the final qualifications for the study programs at schools at all levels. In the absence of negative verification of the student’s declared identity, the qualification is issued to the interested party with the identification data acquired at the time of enrollment.

Inclusion in classes.

Foreign minors who are subject to compulsory schooling are enrolled in the class corresponding to their age, unless the faculty board decides to enroll in another class, taking into account:

  • of the education system of the country of origin of the pupil, which may determine admission to a class immediately lower or higher than that corresponding to the age;
  • assessment of the student’s competencies, abilities and preparation levels of the course of study that the student may have followed in the country of origin;
  • of the professional qualification that the student may possess.

Here, the teaching staff plays a crucial role because it makes proposals for dividing foreign students into classes.

It must be remembered that the distribution as a general principle takes place, while avoiding the composition of classes where the presence of foreign students is predominant.

Adaptation of didactic paths.

The Teachers ‘Board also defines as a technical body and in relation to the individual foreign students’ level of competence the necessary adaptation of the teaching courses; for this purpose, specific individualized interventions or for groups of students may be adopted to facilitate the learning of the Italian language by using, where possible, the academic resources of the school. Consolidation of knowledge and practice in the Italian language can also be achieved through the activation of intensive Italian language courses on the basis of specific projects, also in connection with further teaching activities to enrich the educational offer.

In this connection, it is useful to consult the Ministerial Directive of 27 December 2012 on the subject of special educational needs and the clarifications in the memorandum of 22 November 2013, prot. n. 2563. Here it is envisaged, for students who have recently arrived in Italy from non-Latin speaking countries, the definition of a personal didactic plan (PDP) and the activation of personal courses as well as the adoption of compensatory instruments and dispensational measures. As part of the exercise of didactic and organizational autonomy, educational institutions will also be able to identify pedagogical enrichment activities consisting of access to online teaching materials and activities.

School-family relationship.

The teaching staff formulates proposals for criteria and methods for communication between the school and the families of foreign students. Where necessary, it is also advisable to review agreements with the municipality that can facilitate school-family relationships.

The educational institution can make use of the work of qualified cultural communicators, third sector bodies and associations, etc.

Foreign adult education.

In order to handle the education or training of foreign adults, the school’s club and department council may promote:

  • agreements with foreign associations, consular diplomatic missions in the countries of origin or with voluntary organizations for the purpose of establishing conventions and agreements on the activation of reception projects;
  • intercultural education initiatives;
  • actions to protect the culture of origin and the language of origin and the study of the most widespread foreign languages ​​at international level.

School institutions can also organize intercultural education initiatives and ensure that reading and writing courses are held in primary and secondary schools in the bodies responsible for adult education; of Italian language courses; of study paths aimed at obtaining the compulsory school qualification; of study courses to obtain a qualification certificate or a secondary diploma; of training and in-service training courses for staff and all other study initiatives that the current law envisages. To this end, the educational institutions may lay down conventions and agreements in the cases and in the manner prescribed by the applicable provisions.

Registration of Ukrainian refugees.

In establishing the operational procedures for the posting of minors to educational institutions, it is recalled the possibility, as far as possible and as indicated in the previous notes, of securing the networks of relationships, family or communities that exist among the refugees and between them. and the Ukrainians already present in Italy. At the same time, it is necessary to ensure that the integration of Ukrainian students is managed at the territorial level, thereby uniting the needs of refugees and reception spaces for schools as much as possible. It is noted in this connection that in the ministerial circulars on endorsements (latest memorandum 30 November 2021, prot. N. 29452, concerning enrollments for academic year 2022/2023) it is clarified that “in case of late enrollment …, the regional school offices regional offices support the school principal in identifying another destination school in case of inability to accept enrollment due to inadequate classes.

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