Supervision of students: organizational measures aimed at preventing the occurrence of harmful incidents to students as a result of negligence. Settlement example

Custody, control and supervision of pupils is a primary duty of the whole school staff, and in this connection various legislative references must be taken into account: the rules concerning the legal nature, the organization of the school system and the individual institutions, to the staff employment contract (consolidated law – Legislative Decree 297/94, Art. 10; DPR n. 275/99 Art. 3,4,8; CCNL 2006-09); the civil law laws regarding liability in connection with the supervision of minors (Civil Code: art. 2047; art 2048). This regulatory framework as a whole gives the school or teaching staff, the Ata staff and the manager, each for their own competencies, the duty to supervise the students throughout the time entrusted to them. In particular, the confirmation that the obligation extends from the time of the students’ entry into the school premises to the time of their exit is recurring in case law (see Case 5/9/1986, n. 5424; n. 17574 of 7 May 2010), including the period set aside for any “recreation”. The school head has a duty to draw up organizational measures that are suitable for the school staff to be able to fulfill the supervisory obligations (Article 25 of Legislative Decree no. 165/01).

Court of Auditors, Section III, 19.2.1994, n. 1623: The duty of supervision is of primary importance in relation to the other service obligations

Lat the Corte dei Conti, section III, 19.2.1994, n. 1623, also considered that the duty of supervision is of primary importance in relation to the other service obligations and that, consequently, in the event of a coincidence between several obligations arising from the employment relationship and a situation where compliance with the same does not allow objective circumstances in time and place of their simultaneous fulfillment, the teacher must choose to fulfill the duty of supervision. All school staff are required to strictly follow the following rules.

The legislation

  • Article 6. DPR 416/74 – Duties of the club or school council and the executive committee
  • Legislative Decree 297/94 art.328 (student discipline) and art 491 (teaching hours);
  • Law 626/94, Article 4 (obligations of the employer, the manager);
  • DPR 235/07 amending the regulation of the student statute (DPR 24/06/1998 n. 249);
  • art. 2048 in the Civil Code;
  • Act 107 of 2015 and subsequent decrees of law;

Vigilance and service times

The supervision of the students, as stipulated in the current departmental agreement, is guaranteed by the ongoing teachers. Hospitality. Article 27 of CCNL 2006/09 (teachers) – “To ensure the students’ welcome and supervision, it is required that the teachers are together in class 5 minutes before the start of lessons (and their teaching hours) and to attend the students’ exit “. in fact, by transferring the same to another person entitled to employ it. delays or caused and certified malfunctions in the service. Arriving late in class for no good reason exposes the teacher to the attribution of “culpa in vigilando”; the repetition of this negligence constitutes an aggravating circumstance. to remain on duty until the end of their daily working hours, even at students’ total from be for some reason. The delivery point must always be staffed by the teaching staff and ATA throughout the duration of the planned daily timetable. 5. Each teacher on duty for the first hour must be present for at least five minutes before the beginning of the class to allow the punctual start of the lessons: this behavior constitutes a duty of service under the current CCNL, and any non-compliance has disciplinary relevance. Each teacher accompanies the students in the classroom, and during his lessons, never leave them alone. The teacher is responsible disciplinary progress of the class. During class time, teachers are not allowed to leave their classrooms except for serious reasons and for a very short time. In this case, the teacher leaves the students to the school partner of his plan, who will monitor them. The teachers during free hoursis obliged to remain in school for the entire duration of the same, and re-enter the period of service.

Replacements of absent colleagues (in the absence of the alternate)

Replacement of absent colleagues is classified according to two types:

  • common substitutions;
  • emergency replacements with risks to students due to lack of supervision.

How to proceed for replacements

For the replacement of absent colleagues in the category “a”, as stated in the ingenious rules in use in the “Antonio Pagano” Comprehensive Institute of Nicotera (VV), managed with great managerial and organizational skills, by the school principal Prof. Giuseppe Sangeniti, we proceed in the following order of priority:

  • assignment for the teacher with free hours (for several teachers, the assignment for the teacher is prioritized in the class where the absence has occurred);
  • task as a teacher together in another class;
  • paid assignment for teacher available to work overtime;
  • in case of inability to use excess hours, the classes will be merged or the students divided into other classes in accordance with applicable law.

Sudden replacement

Type “b” is configured in case of sudden absence and / or inability to arrange for replacement through procedure “a”, and when the teacher’s absence determines a risk situation for the students due to lack of supervision. In this case, it can be done in the following order of priority:

  • supervision entrusted to school staff, where this does not involve the abandonment of other important sectors or supervisory tasks;
  • assignment assigned to another teacher in the presence of another class; if there are several teachers together, the task is assigned according to the shift criterion;
  • regardless of other provisions, assignment given to the teacher in the presence of the specialized support teacher;
  • in case of impossibility, students will be divided and divided into other classes with priority to parallel classes.

The teacher in charge of the complex or, in his absence, the class coordinator or the teacher present with greater overall seniority of service, shall ensure the correct execution of the above provisions.

In case of unrest or injury, we read in the regulations prepared by the “Antonio Pagano” Comprehensive Institute of Nicotera (VV), which is attached, as it has been repeatedly done, as another example of excellent school management, ‘operator present:

  • will require the intervention of the first aid worker present;
  • will notify family members;
  • in serious situations, even presumed, it will forward a request for emergency intervention from the emergency health service.

The task of teachers

In the event of an accident, as specified in the specific regulations prepared by the “Antonio Pagano” Comprehensive Institute of Nicotera (VV), excellently managed by the school principal Prof. Giuseppe Sangeniti, the teacher present, for the purpose of the insurance procedure, shall draw up a brief report of the incident, which shall be submitted to the Central Secretariat, which shall include:

  • student’s personal information, location and class, etc.
  • the description of the accident dynamics, place, date, time and outcome;
  • the names of any witnesses or the presence of the teacher;
  • any easing and consequences reported. In the event of medical and hospital intervention, family members must be informed of the need to submit the medical certificate issued by the treating staff to the secretariat.

Activities exposed to specific risk

In the case of activities that are exposed to specific risks, staff are required to take all possible precautions to minimize the risk factors. In the event of accidents or illnesses of a certain degree of severity, the possibility / possibility of awaiting the parents’ arrival is assessed, immediately informed, or immediately notified 112. Parents have not yet arrived or are inaccessible, the pupil must be accompanied by the teacher or a school assistant. In particular: in the event of injury to a pupil during school hours or during the period set for reception and supervision, the teacher or school partner on supervisory duty must immediately and personally inform the management and supervisory offices secretariat so that they can establish facts, responsibilities and activate the relevant procedures . With regard to the actions to be activated, teachers must comply with the safety regulations and, in the event of an accident, immediately prepare a report to be provided to the offices for the implementation of the relevant procedures. It is necessary to make the declaration even in the event of minor accidents or uncertain episodes in order to avoid that the insurance in the event of subsequent complications or requests for compensation for conditions that are not adequately reported, is not properly activated and therefore does not cover damages that consequently remains at the expense of the school and its staff.

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