DL n. 36/2022, amended into Act no. 79/2022, also introduced some changes regarding the merit ranking of the ordinary competitions for upper secondary schools and upper secondary schools. The Tagliaprezzo decree had already included the same news for the 2020 competition for childhood and primary. Eligible placement: will they all be hired?
Regional merit placements
Ordinary competitions for upper secondary school are regulated by Legislative Decree No. 59/2017, as amended by Legislative Decree No. 73/2021, amended to Act No. 106/2021, and by Legislative Decree No. 36/2022, amended to Act No. 79/2022 . The latter, which contained urgent measures to implement the PNRR, reformed the system of basic education and access to the role of high school teachers.
The aforementioned Act 79/2022 also amended the Constitution of the rankings of competitive advantages, and revised the provisions of Legislative Decree No. 73/2021, on the basis of which the aforementioned rankings include only the winners, ie those who fall within the group of announced places.
§ 47, para. 11 of the aforementioned Act no. 79/2022, on the other hand, provides:
The rankings referred to in Article 59 (10) (d) and Article 15 (c) of Legislative Decree of 25 May 2021, No 73, converted, as amended, by Law of 23 July 2021, No. 106, is integrated, within the limits of the expenditure appropriations provided for in the legislation in force and in accordance with the system of appropriations referred to in Article 39 (2). 3 and 3-bis, of Act No. 449, with the candidates found suitable to have reached or exceeded the minimum score set out in paragraph 15 of the same Article 59 of Legislative Decree No. 449. 73 of 2021 “.
In the light of the new provision, the merit placement of the competitions for the upper secondary school, including the ordinary competition in 2020, is therefore integrated with the suitable candidates, ie with those who have passed all the exams (who achieve the expected minimum score, ie 70 ) / 100 in the written and 70/100 in the oral or between the practical and oral tests).
In this connection, we draw attention to the fact that the school offices behave differently. In fact, some have interpreted “is integrated” by law as the publication of a single list of relative scores. Others, on the other hand, continued to publish the merit ranking + unrated list of suitable candidates.
The winners of the competition retain the right to be hired, even in case of insufficient places, ie. an insufficient number of seats, as specified in Article 59, paragraph 13, of the aforementioned Decree-Law 73/2021:
13. Enrollments in the role of winners, within the limit set by the competition notice for the specific region, competition class or type of position, in case of insufficient places allocated annually for recruitment, may also be arranged in subsequent school years, until after exhaustion of the ranking referred to in point 10 (d) within the limits of the recruitment faculties available under the general competition law;
For the winners of the competition, the rankings are therefore exhausted, as they all have to enter the role. The score obtained with tests + qualifications determined the right to be admitted to the role. When it is not yet known, it depends on the competition class and region (it depends on whether there are rankings of previous competitions that have not yet been rolled).
And the suitable candidates who become part of the merit ranking? Will they only be hired in case of scrolling (to give up), thus avoiding “waste” of seats, or will GM also be for them to exhaustion so they all have to be hired?
We assume, as reported above, that for the winners, the new rules explicitly give the right to be employed (as previously provided in Article 3 of Legislative Decree 59/2017, as amended by Article 1, section 792, of Act No. 145/2018) , while the provision referred to in § 47, para. 11, in Act no. 79/2022, only allows for the integration of GMs. Therefore, we believe that suitable candidates (according to applicable law) do not retain the right to be employed and that their admission is intended to cover any seats that may remain vacant in the event that the winners resign.
On the other hand, given the economic importance of such a provision (ie the recruitment of all suitable candidates), the same could only be clearly stated in the statutory provision (while it is not at present), also because this under all circumstances would mean an increase in the number of vacancies (in the case of the ordinary competition in 2020, 33,000 seats have been announced, the appropriate seats added, the seats should inevitably increase, even in case of waiver). On the contrary, we read in Article 47/11 above: The locations … they are integrated within the framework of the expenditure authorizations provided for in the applicable legislation … This expression “within the limits of the expenditure authorizations provided for in the legislation in force …” seems to confirm what has been said, namely that the posts remain prohibited, without any increase.
We point out, as our editorial team shows, that some interested parties, contrary to what has been said, believe that the ranking will be exhausted, in order to hire all those who are involved (also eligible).
It will be up to the ministry to clarify this aspect.
In fact, convening the unions for operating instructions for the posts in the role for the school year 2022/23 is expected, Appendix A
Contributions in the role of teachers 2022: USR announcements on choice of province / competition class. Questions soon