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• Educational and psyco-pedagogical competences and basic knowledge of the education system

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Educational and psyco-pedagogical competences and basic knowledge of the education system

Chapter 1 Learning theories and educational psychology

1. Behaviourism

Behaviourism is a theory of learning that has been developed in psychology, especially in Amer-ica, and it comes from the English term behaviour.The behavioural model is based on the idea that learning occurs through stimuli received by the subject from the environment. Once the subject receives the stimuli, he/she provides the answers or certain behaviours. What happens in the mind and what determines the response to a given stimulus is not the subject of the study. The focus of observation of behaviourists is rather to try to associate a person to a response to a given stimulus in a stable manner. In this way, the response of the subject to the stimulus is observable and can be studied scientifically. If it is stable, it can be said that the subject has learned to respond in a certain manner to the stimulus. Therefore, learning has occurred.

2. The main principles of behaviourism

Pavlov was the first to carry out his research on the connection between stimulus, response and conditioning, distinguishing an unconditional stimulus and response from conditional stimulus and response, i.e. induced from outside. The interest of Watson and Thorndike also focuses on the conditioning processes from which learning derives. In particular, Thorndike formulated the learning hypothesis based on trial and error. In order to reach a certain target, different behaviours are adopted, in sequence and in an almost random manner, until the behaviour con-sidered satisfactory to reach the purpose has been identified.Skinner outlines two types of behaviour: > the respondent behaviour, which follows the paradigm stimulus-response and which can be de-

fined as a behaviour induced by an external stimulus that generates a response in the subject; > the operative behaviour - model in which the subject, even without special stimuli from out-

side, adopts a certain behaviour in order to receive a rewarding effect that could be called positive reinforcement. Unlike the respondent behaviour, this is an active behaviour in that the subject takes the initiative to operate in an external environment in order to derive a benefit.

3. The Gestalt psychology

The German word Gestalt, which means form or configuration, refers to a psychological cur-rent, Gestaltpsychologie or psychology of form, which was developed in Germany in the early twentieth century. Unlike behaviourism, according to this current, learning is based on cog-

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nitive processes and can be understood by going beyond the study of simple behaviour. In contrast to Thorndike’s behaviourism, the psychologist Wolfgang Köhler observed that - es-pecially in mammals closest to humans from an evolutionary standpoint, such as anthropo-morphic monkeys, they can learn in a different way, by sudden enlightenment, called insight (intuition), which leads to the resolution of an unusual problem thanks to a global and com-plete vision.The psychologist Max Wertheimer returns to the concept of insight introduced by Köhler and focuses his studies on cognitive mechanisms that allow us to solve situations that we have never faced before or situations that have occurred in the past, but in a more immediate, brilliant and effective way. He defines productive thinking as the mental activity that brings new knowl-edge to the individual as opposed to reproductive thinking, which, however, “mechanically” leads us to deal with new or previously experienced situations, applying the same traditional solutions without considering the problem in an original way.

4. Human Information Processing

Human Information Processing, abbreviated HIP, can be translated into Italian as “Elaborazione dell’Informazione nell’Uomo”. This is a psychological theme that studies the human mind and its related processes, with a close analogy to computers. The multi-warehouse model describes how the human mind functions using a three-warehouse or memory system that exchange in-formation. The sensory memory (SM) is in contact with the external environment and receives stimuli from it. A first processing at the sensory level allows us to select only certain charac-teristics of the stimulus, which are stored in short-term memory (STM), also called working memory (WM). Afterwards, the transfer to the long-term memory occurs, which is presumed to have unlimited capacity, where information and programmes can be stored for very long periods of time.

5. Metacognition

The meta-cognitive activity is a self-reflection activity that accompanies cognitive activity with the purpose of making it more aware, monitoring and evaluating it in order to ensure more effective learning. The first phase of a meta-cognitive activity consists of understand-ing the nature of the task to be carried out. This phase leads to meta-understanding. If understanding is an indicator for knowing what to do, the meta-understanding is an activ-ity consisting of a conscious assessment of the level of understanding of the task. The next step to understanding (and meta-understanding) of the task to be carried out is choosing a strategy. When one talks about choice of strategy, one means the study of meta-memory or the ability to learn about the memory. In particular it must be taken into account that dur-ing the performance of a task, in the implementation a strategy, it is also necessary to use the memory, recalling data memorised before the task or that is memorised during the task among the various skills available.

6. Constructivism

Constructivism hypothesises a series of psychic structures that allow one to build a personal way of interpreting reality. Each individual, through his/her personal vision of reality, can de-code it and give it a meaning, learning, therefore, how to interact with the environment. This

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interaction takes place through a continuous exchange of information that allow the individual to sort reality in a manner that he/she deems most functional.There are different types of constructivism: > the limited realism (or critical realism), according to which there is an objective external real-

ity that can be known directly; > the epistemological constructivism, of which paradigm is the existence of an external real-

ity independent of the observer, which is not known by the latter, except through a process of construction;

> the hermeneutic constructivism. In this case, one does not believe in the existence of an independent and objective reality, external to the individual. Knowledge is the result of the mediation in language and interaction between different observers.

The three approaches differ on the ontological level, related to the existence of reality, and on an epistemological level, related to the possibility of knowing reality through science.

Chapter 2 Developmental psychology

1. Jean Piaget

The starting point of Piaget’s theory is the concept of knowledge as the continuous interac-tion between the environment and the organism. Due to the fact that there is a conscience, the subject must act in an active manner upon the environment. Piaget identifies two types of action: real (physical) and internalised (mental). Observing the child’s behaviour during the phases of its evolution, Piaget claims that there are functional invariants that govern all the actions of individuals and that they do not change their operational characteristics during the development of a person. Such invariants are the principle of organisation, by which thinking is organised into coherent structures and patterns, and the principle of adaptation, by which the continuous exchange between the subject and the external environment causes a variation of the structures of thought. Adaptation occurs by means of two processes: > Assimilation, that is when new knowledge or experiences are assimilated, incorporated in

the very same structures; > Arrangement that is when the new knowledge cannot be consistently incorporated in the

existing structures.Therefore, if the organisation tends to determine the creation of structures, adaptation, how-ever, entails a modification in the structures themselves.Piaget identifies four stages of development, each of which can be divided into more sub-stages (or phases): > The sensorimotor stage, from 0 to 2 years and is divided into 6 sub-stages; > The pre-operative stage, from 2 to 7 years and is divided into 2 sub-stages; > The stage of concrete operations, from 7 to 12 years; > The stage of formal operations, from 12 to 16 years.

2. Lev Semënovic Vygotskij

According to Vygotskij, the greatest figure of the historical-cultural school, psychic develop-ment is not only influenced by biological factors, but also by historical, social and cultural ones,


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Vygotskij addresses the issue of language as a tool for cognitive development. Vygotskij gives the egocentric language of a child a relevant cognitive value: in fact, it is essentially think-ing aloud. We know that, typically, adults think through their inner language, i.e. they mentally think about problems or actions that are taking place, without speaking aloud. The egocentric language of the child is the manifestation of this inner language that is transformed into an exterior language, i.e. a real spoken language that others can hear.Language adds the following factors to the skills of the child: > The multiplication of stimuli; > The function of self-regulating.

In solving a problem or in performing a task, human beings, unlike animals, can use two types of mental functions: > Lower mental functions, which are also typical of the animals and are characterised by the

merging of the perceptual/mnemonic function with the motor function; > Higher mental functions, which are active when symbolic systems or even language is used.

3. Jerome Bruner

For Bruner, the cognitive development can be defined using the representation concept, by which he means a method of processing information received by the subject from the external environment, a coding system. There are three methods of representation: executive, iconic and symbolic. Each of them manifests itself in a given period in the evolution of the child/adolescent., which nevertheless persists and evolves, without being completely replaced by the others. The executive representations are the first to emerge and develop in the first year of life.

4. Sigmund Freud

Freud distinguishes three essential elements of the individual’s personality called conscious, unconscious and preconscious. The unconscious part of the psyche represents everything that the individual is conscious of. It includes perceptions, feelings, thinking processes and the will-ingness that we feel and are aware and conscious of. All that belongs to the unconscious mind and migrates easily from a state of unconsciousness to a state of consciousness (and vice versa) is part of the pre-conscious, which is a communication line, a border between the conscious and the unconscious part of the mind. However, there are other mental processes or contents of our mind that are very difficult to bring to consciousness and which form the unconscious, strictly speaking. Mostly, they include experiences that happened during childhood, which were often unpleasant and surrounded by guilt. Sometimes, these experiences are very painful and intolerable to the subject, who cancels them through a mechanism that Freud calls removal. To better define the relationship between the conscious and unconscious mental processes and the mechanisms that allow the transfer of content from one area to another of the psyche, Freud identifies three elements that perform different functions in the human psyche: the Id, which is the most inaccessible part of the personality and includes our instincts and impulses; the Ego, which has the task of observing the outside world and preserving a true image of it in the memory through perceptions; the Superego, which consists in the internalisation of the child’s psyche of rules, prohibitions, precepts and laws that are imposed by parents, teachers and, more generally, by the members of the society to which he/she belongs.Starting from his studies on the psyche, Freud developed a staged theory of the child’s develop-ment.


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5. Erik H. Erikson

Starting from the stage of Freud’s psychosexual development, Erikson elaborates a pattern consisting of different stages of psychosocial development that characterise the life of every individual, from birth to old age. Each phase is characterised by the following principles: > in each stage, the subject under development is confronted with two opposing forces that

form an antinomian pair marked by a positive and a negative quality, which identifies the conflict to be overcome in that particular period of life;

> each stage is characterised by a basic virtue; > each stage has two underlying conditions, which are determined if the identity crisis of the

stage is not resolved in a positive way.

6. John Bowlby and Mary Ainsworth

Focusing on the positive aspects that characterise the connection of the child with his moth-er, Bowlby stresses that it is expressed through a series of primary instinctual responses, i.e. innate or inherited (distinguished from the secondary responses, which are acquired through a learning process), and independent of each other, in the sense that the frequency, the intensity, the development of a response does not influence the frequency, intensity or the development of the others. Such responses are essentially behaviours that the child adopts to make sure that the mother is in touch with him/her or remains in his/her vicinity. Bowlby identifies five main behaviours: sucking, clinging, following, crying and smiling.Subsequently, Bowlby comes to define four phases of attachment: > Guidance and warning without discrimination; > Guidance and warning with discrimination; > Maintaining proximity, by warning and execution; > Creation of a mutual relationship.

Ainsworth continued to deepen Bowlby’s studies on the mother-child bond focusing mainly on the Strange Situation procedure, which takes place in a non-familiar context to the child (strange = unusual) and requires the presence of another adult and a series of separations and a reconnection with the mother. Based on the behaviours adopted by children as part of the experiment, the psychologist has identified three types of attachment: > safe; > insecure-avoidant; > insecure- ambivalent.

7. Lawrence Kohlberg

Kohlberg has formulated a theory of the moral development of the individual through suc-cessive stages. For Kohlberg, the moral development of a person cannot be simply represented by an increase in the knowledge of the values of a given culture, because this leads to an ethic that is solely related to that culture. The moral development of a person is represented by the transformations that occur in the person’s way of thinking: an individual evolves morally when his/ her thinking structure changes. Therefore, studying how a person interacts with the social environment and how he/she solves social issues should be done in the light of the develop-ment of moral judgement structures that are universal and that develop in the same way across all cultures. Kohlberg identifies three levels of moral development:


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> Pre-conventional level (from about 4 years to about 10 years); > Conventional level (adolescents and adults); > Post-conventional level (or autonomous or principle level).

8. Robert L. Selman

Selman tried to describe the abilities of children to place themselves in the perspective of oth-ers in order to understand their different points of view. His studies have been mainly applied in education, with the intention of establishing a school curriculum that by leveraging the social skills of the students, could also include specific activities of peer learning.

Chapter 3 Psycho-pedagogical skills

1. The active schools and Dewey

Planning in active schools (or new schools) is distinguished by the degree of involvement of the pupil in the teaching activity. He/she should not have a passive behaviour and should critically absorb all the knowledge that the teacher suggests. The pupil must instead experience and understand first-hand, through experience and practical activity.Starting from the concept of experience and school activity, Dewey claims that in order to effectively contribute to social growth, the school must start from the needs, impulses and in-terests of the pupils, which should be oriented towards educational activities to be carried out in an interesting and participative manner in order to encourage learning. According to Dewey, the method of learning by doing helps the child to organise his knowledge and it cannot be re-placed with frontal lessons or learning from a text. Of course, books are a useful tool to learn, but experience must be combined with texts, as it favours the active vocation of the child.

2. Burrhus F. Skinner and the teaching devices

Skinner suggests designing teaching devices, capable of organising their applications in order to create learning sequences aimed at acquiring specific knowledge. These devices can be pro-grammed with multiple objectives and have the ability to change their behaviour based on the student’s answers.

3. Benjamin S. Bloom and the Mastery Learning

Bloom is responsible for the learning procedure called Mastery Learning. It is a procedure that aims to bring the majority of students to master the discipline that they are taught, taking into account the individual differences in the student rate and timing of learning. Five variables are defined, which influence learning: attitude, quality of education, ability to understand education, perseverance, and the time available.

4. Lev S. Vygotskij

Research on the degree of cognitive maturation of children is always directed towards the ob-servation of what they are able to do individually and independently (current development).


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However, this does not provide an indication of their learning skills in the short or long term. Therefore, Vygotskij focuses on the area of proximal development, which corresponds to the level of potential development of the child, determined by the ability to solve a problem with the help of a more competent adult or a peer. In primary school, an education that is directed towards making the children work in their proximal development area is needed.As part of the cognitive development, Vygotskij distinguishes two types of concepts: scientific and spontaneous. The former are formal concepts, often detached from the personal experi-ence of the child, where usually, it is not possible to make spontaneous and empirical use of them and are acquired by children at school. The spontaneous (or daily) concepts are instead generated by everyday experience and are not organised into a coherent knowledge system; they do not have punctual and strict relationships that connect them. They are easily attribut-able to an empirical use.The connection between spontaneous and scientific concepts is identified by the proximal de-velopment area. When the level of maturation of a spontaneous concept is in the proximal development area, then the pupil should have an activity suggested, guided by the teacher, who can lead the concept back to an organic arrangement, towards a profound understanding and awareness, towards a more scientific based concept.

5. Jerome Bruner

Bruner identifies one aspect which is common to all disciplines, consisting in a structure, by which is meant a core of key ideas, fundamental knowledge, underpinning the understanding the many aspects of the discipline. The researcher says that the fundamental aspects of each discipline can be taught to anyone, of any age, provided they are presented in a certain form. Starting from this assumption, one can define a spiral curriculum, so-called as it initially pre-sents the key ideas in a simple and intuitive manner, but periodically returns to such ideas, considering them in a different form, more elaborate and relying on more formal and symbolic modes of representation.The researcher distinguishes between the theory of education, of prescriptive type, with the aim of reaching the objectives in an optimal way, and the learning theory, of descriptive type, which describes and interprets what is going on when learning takes place or what happened when it was finished.Bruner incorporates the concept of problem solving and links it to the scaffolding concept. The scaffolding is a process that allows a student to solve a problem or reach an objective that would go beyond his/her capabilities, if not assisted.

6. Von Glasersfeld

Knowledge is not acquired passively. When the student has an encounter with a new experi-ence, he perceives it as a disturbance compared to what was expected from his/her cognitive structures. Actively, this new experience must be assimilated or accommodated in the existing structures in order to create new knowledge. Only in this way the individual returns to a balance with the external environment. For this reason, it is necessary to put the student in front of ele-ments that could disturb his cognitive structures. This takes place especially in comparison and interaction with other students. Under this paradigm, the teacher often favours the crea-tion of learning groups or study groups.


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7. Von Foerster

The student analyses the education system focusing on the usual specific teaching practices and highlighting the trivialisation issue of the teaching-learning process. The education sys-tem welcomes children who are, in some ways, unpredictable. If we ask them a question, they will respond from the perspective of the child, in a way that we do not expect and that some-times surprises us. The education system gradually tends to dumb down students, making them provide predictable and expected responses to questions. The same evaluation tests are meant to ask questions for which the answers are known and the correct answer is expected. When a student gets an excellent grade to a test, his trivialisation process is completed, as he is totally under control and provides the answers expected by his interlocutors.Another important difference is between legitimate and illegitimate questions. The educa-tion system is based on illegitimate questions, i.e. questions for which the answer is known and add nothing to the overall knowledge of humanity, but simply pass on the knowledge to the future. The focus of attention should be on the legitimate questions, i.e. on those that deserve to be asked, because the answer is yet unknown or, even better, no one knows if there is a pos-sible answer.

8. Edgar Morin

The pedagogical beliefs of Morin are closely related to his global view of the current reality, the complexity of the problems and relationships established between the environment, culture and education. Therefore, the challenge of modern knowledge is focused on the effort of be-ing able to clarify, define and interpret the complexity. Educational systems base their train-ing action on the knowledge and explanation of clear and articulate content. One can learn what is clear and reliable. For Morin, the first critical point is the fragmentation and isolation of knowledge. This phenomenon leads to the subdivision of knowledge into disciplines and the concept of culture (i.e. the total of knowledge) as traditionally divided in humanistic and scien-tific cultures. On the contrary, these two cultures are complementary and must reconnect. The complexity theory helps forming a global vision of reality. A greater global perspective helps in recognising the interconnection of cultures and the interconnection of the destinies of different communities. Therefore, it encourages greater responsibility and greater solidarity.

Chapter 4 Teaching skills of the teacher

1. Active learning

Active learning has become a generic term for different educational methodologies that focus attention on the activities performed by students themselves. The objective is to actively in-volve the students in the learning process. In particular, there are three types of active learning: > Think-pair-share. An activity is proposed and students are asked to reflect individually on

the stimulus proposed, then share their answers; > Concept test. A multiple choice test is given to the students, who then form into pairs and

discuss their answers, trying to come to an agreement on the correct answer;


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> Thinking-aloud pair problem solving TAPPS. An activity that can be divided into two parts is suggested and the first part is started before asking the students to get together in pairs. In each pair, an explainer (who explains) and a questioner (who asks questions) must be chosen. Then, the teacher hears the pairs to see what kind of solution they found. In the second part of the activity, the roles in the pair are reversed.

2. Peer learning

This takes place mainly among students who support each other in mutual learning. Peer learn-ing is divided into two large categories: > Cooperative learning, based on a positive interdependence that is established in a group of

students working together to achieve a common goal; > Peer tutoring, based on a specific division of roles by students: one plays the role of tutor

(the helper, i.e. the one who helps the peer in learning, the one who teaches) and the other the role of tutee (the one who is helped, i.e. the one who is helped to learn, the learner).

In cooperative learning, teachers must:1. clearly set out the objectives of the lesson;2. make decisions about putting the students in groups, before the class begins;3. clearly explain to students the tasks to be performed, the targets to be obtained and the

learning activities;4. monitor the effectiveness of cooperative learning in groups and take action to help solve the

tasks or to improve the skills of the students and the groups;5. evaluate the results achieved by the students and help them discuss the progress of the

group work.Below, the most common types of peer tutoring: > Peer learning of different ages; > Peer learning of similar age; > Mutual peer learning; > Peer learning spread throughout the class; > Learning strategies with the assistance of peers.

3. Inductive teaching

The teaching of science subjects is typically deductive. The teacher explains principles and gen-eral ideas and then presents practical exercises that concern the theoretical principles just in-troduced. An inductive path, however, starts from practical application, from the real problem, from the analysis and interpretation of certain data, from the study of a specific case in order to reach general and abstract concepts. In this way, students are more motivated to face the necessary formalisation of the concepts and gain a better understanding of abstract general principles, without which no one could handle the problem presented. A practical application of the theoretical paradigm of inductive teaching is a teaching method called inductive learning based on inquiry (Inquiry-based Learning). In particular, we distinguish the following method-ologies: > Discovery Learning; > Problem-based Learning; > Project-based Learning; > Case-based Teaching;


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> Just-in-time Teaching; > Flipped classroom.

4. Reciprocal teaching

Reciprocal teaching began as a reading activity that was performed in groups. Reciprocal teach-ing activates meta-cognitive processes highlighted by carrying out the four activities listed be-low:1. Summarising;2. Asking questions;3. Clarifying;4. Predicting.The basic procedure involves the interaction between a teacher and a pupil. Initially the teacher shows the part to be read. Before starting to read, the teacher communicates which of the two, the teacher or the student, will be the “teacher”. Then, they both start to read in silence. After reading, the chosen teacher has to ask a possible question on the text read in or-der to check for comprehension; summarise the text; clarify certain aspects that he/she thinks may be difficult for the students; predict a possible continuation of what occurs in the text read. When the next part for the text is read, the roles are exchanged. Several versions of this method have been suggested, which made it more like a cooperative learning activity. Stu-dents are divided into groups within which one student reads a text; each member has one of the 4 tasks to carry out (summarising, asking questions, clarifying and predicting). In this way, a community of learners is created.

Chapter 5 Planning of the curricula

1. Introductory concepts: knowledge, skills and competencies

Knowledge = possession of factual data, notions, ideas and concepts acquired through study, research, observation and experience. It is a body of information of which the meaning is un-derstood.Skill = appropriate, conscious and effective use of knowledge.Competence = a requirement that allows performing a task or a request that is rather articulate and complex, thanks to having the disposition, motivation, emotions, social relationships, be-haviours and attitudes that are necessary in performing the task.

2. School autonomy

School autonomy, introduced by Presidential Decree 275/1999 is the medium that schools have in order to ensure the educational success of students. This term refers to the full develop-ment of the student’s potential and to the maturation of skills they will use in the real world. The autonomy of individual schools is embodied in a document called the Three-Year Program of Studies (TYPS), which outlines the school’s planning of the curriculum.


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3. Middle school curriculum

The Guidelines for the preschool and primary school curriculum are issued by Ministerial De-cree of 31 July 2007, with further reformulated Guidelines in 2012 (M.D. 254 of 16 November 2012). For the first cycle (primary and secondary school), the curriculum is divided into subject areas and disciplines. For each discipline, “goals for competence development” are set at the end of each training session, i.e. at the end of preschool, primary school and secondary school. In addition, “intermediate stages” are established, indicated by the learning objectives within the formative segments and, again, at the end of some of the training segments.The learning objectives are expressed by organically integrating knowledge and skills in state-ments related to mental and physical activities of the child. These objectives are considered strategic for the achievement of the skills listed in the goals. They represent those objective behaviours that can be detected by appropriate verification tests or observations in specific situations.

4. High school curriculum

The high school courses provide students with the knowledge, skills and competencies that al-low them to effectively continue their studies or to coherently adapt to social life and the world of work. At the end of high school, the student must have achieved certain learning outcomes (LO) that can be divided into: > development of knowledge and skills; > maturation of skills; > acquisition of tools.

In addition, based on their generality, the learning outcomes can be divided into: > common LO, which are achieved by the end of any high school period and are divided into

five categories: methodological, logical argumentation, language and communication, histor-ical-humanistic, science, mathematics and technology;

> specific LO, for individual high school periods. They have a definitely disciplinary valence; in particular, they are related to specialised disciplines, which are characteristic of the high school.

The common and the specific LO form the ECVP (Educational, Cultural and Vocational Profile) of high schools.

5. Curriculum of technical and vocational schools

The Cultural, Educational and Vocational Profile of the student that graduates from a vocational or technical institute consists of two complementary aspects that are both fundamental: > activities and general education teaching common to all specialisations that are intended

to provide a basic preparation; > activities and compulsory specialisation courses that aim to provide students with specific

skills of the study module undertaken. These teachings help to determine competencies to be used in different contexts of work and production life.

The ECVP of the student is expressed in terms of learning outcomes. These are related to com-petencies that the student must acquire at the end of his studies. Both the general education teachings and the specialisation teachings contribute to obtaining the learning outcomes. In fact, the ECVP includes two types of learning outcomes: Common and Specific LO.


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Chapter 6 Textbooks and new teaching technologies

1. Textbooks

Annex 1 to M.D. 781/2013 presents the system that allows enjoying digital books in an educa-tional context. The elements that make up this system are the following: > Textbooks and, in particular, digital textbooks; > Integrative Learning Content (ILC) and, in particular, Integrative Digital Content (IDC); > Platforms for use, in reference to software that allows using digital books and IDC; > Devices for use, in reference to hardware devices that allow the use of digital books and IDC.

The legislation provides for three ways to adopt the textbooks and integrative digital resources: > type a mixed version, i.e. printed textbook accompanied by IDC; > type b mixed version, i.e. printed and digital textbook accompanied by IDC; > type c digital version, i.e. digital textbook accompanied by IDC.

2. MIWB: Traditional teaching and innovative teaching

The Multimedia Interactive Whiteboard (MIWB) is an input device, namely a device capable of entering information into the computer. Generally, for each whiteboard model, there are two main applications: > the management software of the MIWB, which includes the drivers necessary for the operat-

ing system to run the whiteboard; > the author software of the MIWB, which in many ways resembles a presentation software.

The MIWB can be used either in a very “traditional” or “innovative” way. In the first case, it means a teaching method characterised by the transmission of content and skills by the teacher to the pupil, who has to reproduce in a rather faithful manner the content assimilated and must use the skills acquired in a rather loyal way. Conversely, an innovative teaching method is char-acterised by the following aspects: > is oriented on the maturation of skills; > it uses, for the presentation of content and maturation of skills, all communication channels

that the technologies provide; > it presents reticular and not sequential learning paths, in which each student follows a target

and builds his own knowledge; > it is organised so that the student actively participates in lessons, interacting with other stu-

dents and with the teacher, creating meaning, stimulating curiosity, being able to be moti-vated, and producing materials.

3. Learning Object

The Learning Object has the following characteristics: > it is a self-consistent, coherent and complete learning unit, consisting of essential contents,

small follow-ups and tests. It often allows tracking the activity of the student and is focused on a quite specific concept;

> it is a closed and rigidly structured object that is not meant to be enriched or fed with other content.

It is conceived for self-study, in an e-learning and distance learning context, rather than an ob-ject underpinning collaborative learning.


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4. Digital Asset

Digital Assets can be understood as fragments of digital content, as basic units of information that can be individually modified and subsequently assembled at will. Their purpose is to give shape, from time to time, to a learning unit (Learning Object), so it becomes customised and the result of research and knowledge-building.

5. 2.0 Classes

The Digital School Programme promoted by the Ministry of Education plans to create classrooms that are learning environments that combine different technological devices (fixed, such as MIWB, printers, and scanners, and mobile devices, such as notebooks, netbooks, tablets, and smart-phones), which are normally used to create a new teaching approach and new learning processes. These classrooms are called 2.0 Classes. In these classrooms, the strong integration between the information and communication technology (ICT) and the school environment opens the door to the socio-constructivist pedagogical approach in which learning is favoured mainly by experience, the know-how, the comparison with others, and the personalisation of educational interventions.In a 2.0 Class, each student works on his device, but he can share the work with the classmates and the teacher via the network. As a result, each individual can provide help, make correction observations and help improve the work of others.

6. Learning environment

The Learning Environment concept is widely used with the constructivist approaches. In its mini-mum configuration, a learning environment includes: a learner and a space in which he works, uses tools and devices, collects and interprets messages and information, and interacts with other individuals.Learning environments can be divided in the three following categories: > classroom learning environments, which mostly include physical environments; > Virtual Learning Environments (VLE), on-line platforms to which web users can subscribe; > immersive environments, a category of a virtual learning environments, such as Serious

Games and immersive games within which each user with an alter ego makes experiences and carries out activities on his own or interacting with other users.

Chapter 7 Social skills of the teacher

1. Ways of communication

The communication between two subjects can be divided into: > Verbal communication, consisting in the language (written or spoken words); > Paraverbal communication, based on the use of voice (tone, rhythm); > Non-verbal communication, based on the use of the body (facial expressions, posture).

2. Communication style

The communication style of an individual is the way in which he/she interacts with others, using verbal, paraverbal and non-verbal communication. It is defined by means of a core of variables,


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each of which is linked to a characteristic of the person. In particular, Norton identifies the following variables: dominant, friendly, attentive, relaxed, argumentative, dramatic, animated, open, striking and precise. For this purpose, Norton uses a questionnaire that he calls Commu-nicator Style Measure and identifies the three following styles: > the human teacher, characterised by the simultaneous presence of the “open, attentive and

friendly” attributes. It is considered a rather positive style by the students; > the actor teacher, characterised by the presence of the “striking, dramatic and animated”

attributes; > the authoritarian teacher, having the “dominant, precise and argumentative” attributes.

This style is not appreciated by students.

3. The Model for Interpersonal Teacher Behaviour

The Model for Interpersonal Teacher Behaviour (MITB) is defined by two main dimensions around which interpersonal relations between the teacher and the student develop: > The Influence dimension, which is characterised by an axis indicated by a pair of opposites

terms Dominance-Submission. This axis represents the control level that the teacher has with regard to the communication adopted in the classroom;

> The Proximity dimension, which corresponds to an axis indicated by a pair of opposite terms Opposition-Cooperation. It indicates the proximity and cooperation level that the teacher and the students show in educational activities.

Based on the MITB, eight recurring interpersonal profiles were identified. In particular, it ap-pears that the Authoritative and Tolerant/Authoritative profiles are the ones that get the best results on the cognitive and affective level. The Uncertain/Aggressive profile is the one that presents most critical issues.

4. Motivation and flow theory

An intrinsic motivation is when one perceives an activity as challenging and rewarding in itself, no matter how desirable the ultimate goal may be and which can be attained by carrying out the activities. In other words, the motivation originates from within the individual, from feel-ings and perceptions that he experiences first-hand in performing the particularly motivating task. Conversely, we talk about extrinsic motivation when the motivation to perform the task arises primarily from the objective and from the result that shall be obtained in the end. This constitutes the extrinsic reward. Usually, this objective depends on the others, on a reward or remuneration that may be offered for the task performed.The conditions that determine the State of Flow, the experience of total involvement of the person engaged in an autotelic activity, i.e. intrinsically motivating, are essentially two:1) the individual must take the task or activity as a challenge;2) the task must have tangible, forthcoming, at hand, clearly perceptible and concretely reach-

able goals.During a flow experience, the individual shows the following behaviours: > is very focused on what he/she is doing; > has the feeling of having everything under control; > is aware of the consequences and objectives of each action he/she takes; > effectively integrates action and awareness;


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> loses self-consciousness, i.e. is no longer concerned about himself/herself and forgets his/her own needs;

> loses track of time; > feels inherently gratified by what takes place.

In the school context, the cooperative learning and peer tutoring can trigger flow experiences.

5. Aggressive behaviour

By observing the behaviour of pupils and their interaction with the classmates, the teachers can decide if a particular person is suffering from a conduct disorder. In this case, it is important to report the situation to the school manager, contact the family and direct the student towards specialists in the health or social services (psychologists, psychiatrists, and social workers).The conduct disorders of particular interest to the school environment are those identified in the International Classification of Diseases (ICD) developed by WHO, such as conduct disorder with reduced socialisation, conduct disorder with normal socialisation and oppositional defiant disorder.The conduct disorder may be associated with the bullying phenomenon, of which clinical fea-tures can mix with social and cultural causes. There are two types of bullying: > direct, which can be physical or verbal; > indirect, in which the bully does not directly address the victims, but tends to isolate them

or put them in difficult situations, through premeditated and studied behaviour (slander and gossip).

Each school must have a policy that is aimed at preventing and timely detecting bullying phe-nomena. Therefore, the head teacher must promote the Code of Conduct Rules that are effec-tive and shared by the entire school community (teachers, parents and pupils) usually described in the School Regulations.

6. Co-teaching

Co-teaching is defined as the “action of two or more professionals engaged in educating a het-erogeneous or mixed group of students, in one place.” This definition identifies four key compo-nents that characterise co-teaching:1. the presence of two teachers;2. teaching of significant concepts;3. the presence of groups of students with different educational needs;4. a set of common teaching approaches.There are four major areas in which the co-teaching practises can be used: > to provide education jointly with a heterogeneous group of students, including those with

disabilities or other special needs; > to provide education to a group of foreign students; > to provide education to a group of gifted or talented students; > as an alternative and experimental teaching approach for students in order to promote cus-

tomised learning.

7. Management of the group

The advantages of working in groups are as follows:


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> ambitious and articulated goals can be reached, which with individual efforts and a little co-ordination would be impossible to obtain;

> thanks to mutual comparison, the real opportunities for professional development for each member of the group are multiplied. In other words, working in groups allows for greater professional capital growth of organisations.

However, within a group, there can be negative phenomena such as antagonism, narcissism, hoarding, marginalisation, lack of organisation, and the formation of subgroups, herd instinct and free-riding.One of the ways to convey information in an organisation is by holding assemblies or meetings. The following types can be identified: > descending information meetings; > ascending information meetings; > meetings to exchange points of view.

Decision making and agreement assemblies are also important.

8. Communities of practice

Wenger defines the community of practice as a group of people who share a commitment or a passion for something they are dealing with actively. It has three fundamental aspects: > the community of practice shares a domain of interest; > it consists of people who interact by carrying out activities in common, discussing and ex-

changing ideas, learning from comparison; > it consists of practitioners, i.e. people who try to put into practice what they learn in the

community.The three dimensions of the practice associated with the community are: > mutual engagement, i.e. the possibility of interaction between the members; > the joint venture, the ultimate goal that the community wants to reach, the task it wants to

perform; > the shared catalogue, a set of aspects and knowledge that act as link in the community.

Chapter 8 Learning styles and teaching styles

1. Learning styles according to David Kolb

In his theory of experiential learning, David Kolb defines a learning cycle that is divided into four phases: > concrete experience, linked to the real experience; > reflective observation, the next phase in which the subject makes observations and reflec-

tions trying to find one or more meanings of the experience; > abstract conceptualisation, phase in which the subject creates an abstract model of what

he has experienced in practice; > active experimentation, phase in which the theory (learning) of the previous stage serves

as a guide for the planning of a new concrete experience.


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According to Kolb, every person has a certain inclination towards one of the four phases of the cycle and based on it develops a particular learning style. The student identifies four main styles:

Style Predominant skills Characteristics of students

Divergent concrete experi-ence and reflective observation

> ability to observe a situation from several points of view;

> ability to select data > propensity to have a wide range of cultural interests

and to collect more and new information > strong power of imagination and openness towards

new and original ideas > willingness to work in groups

Assimilating reflective observa-tion and abstract conceptualisation

> ability to recognise a lot of information and summarise it in a theoretical model;

> predisposition to manipulate analytical models; > ability to focus effectively on the abstract and theo-

retical concepts; > predisposition to learn naturally from texts and illus-

trations, according to a formal style; > ability to dwell for long periods of time on concepts

and ideas, analysing their logical and formal consist-ency;

> ability to set precise goals and plan the details

Convergent abstract conceptu-alisation and active experimentation

> ability to find practical applications for ideas and formal theories;

> propensity towards solving practical problems and technical issues;

> ability to make the best decisions in order to imple-ment the solution to the problem;

> ability to achieve excellent results at structured tests with a single correct answer;

> good skills in hypothetical-deductive reasoning; > tendency to highly specialise in a specific field of

knowledge

Accommodating active experimenta-tion and concrete experience

> ability to learn naturally through concrete experience; > predisposition to set goals, challenges and objectives; > perseverance in trying several solutions before reach-

ing the best one; > social skills to work with others; > ability to naturally adapt to new and unexpected situ-

ations; > ability to learn by watching others and asking for help,

if necessary.


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2. Learning styles according to the Dunns

The learning style is the result of a series of factors that affect the effectiveness and ways of learning of a student. When the factors have a certain configuration, i.e. take on a set of specific values, then the learning of a particular student is favoured. The set of values of the factors, which in this case are particularly favourable, identify the learning style of the student.In the final version of the theory, the factors identified by the two researchers are grouped into 5 areas (environmental, emotional, sociological, physiological, and psychological). It should be emphasised that not all the factors that influence learning have the same origin. Dunn identifies two of them, one of biological nature and the other evolutionary.

3. The VARK model

The VARK learning model of Neil Fleming takes perceptual factors from the model developed by the Dunn couple, and studies them further. Fleming believes that the way in which students receive or transmit information effectively is the real critical parameter of their learning style.VARK is the acronym of the words Visual, Aural, Read/write and Kinaesthetic. These terms refer to four learning styles. Thus, a Visual learner has a highly developed visual-spatial intelligence and learns in a simple and straightforward way when the information is presented visually, while an Aural learner has the advantage of listening, therefore, his/her ideal lesson is the oral lesson, characterised by discussions and exchanges of ideas between teachers and students. Finally, for the Reader/writer the text is the best means to approach knowledge, and a Kinaesthetic learner naturally learns by direct experience and practice.

4. Learning styles according to Richard Felder

According to Felder, based on how a student handles the receipt and processing of informa-tion, one can classify his/her learning style. In particular, the student identifies four dimen-sions of the learning style, which are the coordinates used to get oriented in a rather well-structured group of styles. Each dimension has 2 complementary styles, which have different and alternative characteristics: > perception dimension : sensory or intuitive style; > input dimension : visual or verbal style; > processing dimension : active or reflexive style; > comprehension dimension : sequential or global style.

The first two dimensions are related to the reception phase of the information, while the other two to the processing phase.

Chapter 9 From disability to Special Educational Needs

1. ICIDH, ICF and disability

The ICIDH classification system developed by WHO has three fundamental aspects: impair-ment, disability and handicap. The impairment is related to an anomaly that may occur in the structure of the body or in its appearance and can be caused by anything. The disability is the


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result of the person’s impairment in terms of his functional performance and the activities that he/she carries out. The handicap is related to the disadvantage of the individual, experienced as a result of his/her impairment, which caused the disability. There aspects are set out in Law 104/1992. In fact, the person with a handicap is defined as “one who has a physical, mental or sensory impairment, stable or progressive, which leads to learning, relationship or work integration difficulties and the outcome is a process of social disadvantage or marginalisation.”The ICIDH classification has been replaced by another classification system developed in 2001 by WHO and called ICF. This classification takes as reference the health condition of a person considering his level of functioning; therefore, unlike ICIDH, it is not only applicable to individu-als with disabilities, but to any person with a certain health condition. In the ICF classification the term handicap disappears and is replaced by the term disability, which indicates the level of impairment of the subject, the limitations that his health condition creates in carrying out activities and in what way it can restrict the participation of the individual in social life.The importance of the ICF classification is that it also considers the factors determined by the physical and social environment in which the person lives, which have an impact on the individuals’ participation in activities in the social context In other words, they affect the func-tion or the disability. When the environmental factors are positive, then they act as facilitators and favour the functioning of the individual. When they are negative, they are obstacles or barriers to the functioning and determine a disability. Therefore, we speak about the function-ing or disability of a person based on what emerges from the level of health of the functions and of the body structure, the level of effectiveness for carrying out the activities, the level of participation to social life, in a specific context which influences these factors. It follows that the ICF model does not classify the health condition of an individual, but the health condition of an individual that is part of a context. In 2008, based on the new criteria set by the ICF, the documents for the integration of the disabled were revised in the school context, so that they would mirror the basic planning. These documents are the Functional Diagnosis (FD), the Functional Dynamic Profile (FDP) and the Individualised Education Plan (IEP).Since January 1st 2019 (Legislative Decree 66/2017) the Functioning Profile includes Functional Diagnosis and Functional Dynamic Profile.

2. SLD

The specific learning disabilities (SLD) are developmental disorders, which affect skills in-volved in school activities, such as reading, writing and calculating. Law 170/2010 identifies: > dyslexia, “specific disorder that manifests as a difficulty in learning how to read, especially

in deciphering linguistic signs, or in the correctness and fluency of reading (Article 1, par. 2)”; > dysgraphia, “specific writing disorder that manifests as the inability to write (Article 1, par.

3)”. Therefore, this disorder affects the writing (and not the spelling) and is connected to the motor-executive moment of performance;

> dysorthography, “specific writing disorder that manifests as the inability to transcode lin-guistic processes (Article 1, par. 4)”. It is a disorder that concerns the correctness of writing according to the rules of the linguistic code (spelling rules) and not according to the graphic aspect of writing;

> dyscalculia, “specific disorder that manifests as the inability to calculate and process num-bers (Article 1, par. 5).” The Guidelines for the integration of students with disabilities in schools


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outline two components of the calculation ability that are affected by dyscalculia: the organi-sation of numerical cognition and the executive and calculation procedures.

For pupils with SLD, Law 170/2010 demands schools to adopt a customised and individualised teaching approach with compensatory tools and dispensatory measures. These elements and the teaching methods implemented for the student must be explained in the Customised Teaching Program.

3. SEN

The Directive of 27 December 2012 identifies the categories of students who have special edu-cational needs (SEN), claiming that there is an area of educational disadvantage. Therefore, the following categories of students with SEN have been identified, which include: > students with disabilities; > students with SLD; > students with other specific developmental disorders that are not SLD or students with other

disorders (non developmental and/or not specific); > students with socio-economic, linguistic and cultural disadvantages.

The students with disabilities are those who can access aid provided for by Law 104/1992, including the assignment of a specialist teacher (support teacher) that supports the learning activities of the student.Students with specific learning disorders benefit from the provisions of Law 170/2010.Students with other specific developmental disorders have: > language disorders; > motor abilities disorders; > hyperkinetic disorders; > mild forms of autism; > limited intellectual activity.

Finally, there are the students with socio-economic, linguistic and cultural disadvantag-es or students who live in very problematic families and social environment, who have social and economical difficulties, who are in a state of cultural deprivation or who have difficulties due to the fact that they do not know the Italian language and they belong to a different culture.

4. Foreign students

For foreign students, acceptance in school and learning Italian in the first stages of school life is important. Initial learning is first aimed at the acquisition of useful language in order to so-cialise and interact within the context. Afterwards, it is important to improve the language so it becomes a means for learning. A specific topic related to foreign students is interculturalism which promotes dialogue and exchange between the cultures. The idea is to recognise the dif-ferences in order to accept one another.


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Chapter 10 The historical evolution of the Italian school

1. The Nineteenth century

In 1861 the school model of the Kingdom of Sardinia was extended to the newly established Kingdom of Italy. The Casati Legislation in 1859 outlined a school system divided in three sec-tions: Higher education; Classical secondary education; Technical and primary education.Primary school lasted a period of four years, with the first two mandatory for everyone. The Coppino Legislation of 1877 extended the mandatory period to three years and the total pe-riod of primary school to 5 years.

2. The first half of the twentieth century

The main problem was illiteracy. At the census in 1901, 56% of the Italian population was illiter-ate, especially women and people in rural areas, while the situation in the industrial areas was a little better.In 1904, the Orlando Reform extended mandatory education until the age of 12 and changed the structure of the course of studies. At the end of the fourth year, the pathways were divided between those who continued to the fifth and sixth year of primary school (in preparation for professional training) and those who went to secondary school.In 1911, with the Daneo-Credaro legislation, primary schools passed under the direct man-agement of the State through the Provinces and the school patronage became mandatory to provide assistance to families in need.In 1923, with the Gentile Reform, the education system was definitively centralised and gov-erned by a hierarchical structure. Underlying the reform, there was an aristocratic conception of culture and education, seen as tools for selecting the best.Primary school education returned to an extension of five years divided into two cycles (lower grade of three years and upper grade of two years). Education was mandatory until the four-teenth year of life, even if implementation was conditioned by the massive lack of school at-tendance in the poorest areas of the country.The pupils graduating primary school had four pathways open to them: > Grammar school, which gave access to high school; > Technical school, structured into lower and upper courses; > Teacher training school, structured into lower and upper courses; > Complementary school, of technical, commercial and agricultural specialisation, later called

vocational schools, for a period of three years.After the Agreement of 1929, the Catholic religion became a school subject taught in all non-uni-versity schools. Those who did not intend to follow this subject could be exonerated upon request.

3. School in the Republican Constitution

With the approval of the Constitution, which came into force on 1st January 1948, the funda-mental principles on which the education system is based were identified and set forth.The articles that are more or less directly related to instruction are the following: > Articles 2 and 3 set out the fundamental human rights, equality and equal dignity of all citi-

zens, the commitment of the Republic to remove obstacles to the full development of the human person;


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> Article 7 constitutionalises the Lateran Treaty of 1929; > Article 9 entrusts the Republic with the task of promoting the development of the culture

and scientific and technical research; > Article 29 states the rights of the family as a natural society founded on marriage; > Article 29 proclaims the duty and the right of parents to support, instruct and educate their

children; > Article 31 demands to the Republic the task to support families and protect maternity, child-

hood and youth; > Article 33 introduces the principle of freedom of education. Commits the Republic to set

down general education standards and establish state schools at all levels. It gives the right to private entities to establish schools at no cost for the State;

> Article 34 affirms that the school is open to everyone. It establishes mandatory education for at least eight years (later legislation has extended the period to ten years). It sets the duty of the Republic to ensure that all worthy and capable citizens are enabled to reach the highest levels of education, even if they lack financial means;

> Article 35 recognises the professional training of workers; > Article 117 sets out the powers of the State and the Regions in terms of education and voca-

tional training. This article was amended in 2001 by Constitutional Law No. 3 and is now under process of rewriting following the constitutional reform project to be approved during 2016.

4. The second half of the twentieth century

In 1962, the Government established the unique mandatory schools, implementing Article 34 of the Constitution (mandatory education for a period of 8 years).After the protests in 1968, the Enabling Act 477 of 1973 and the implementing decrees (enabling decrees): > introduced the participation of families and students to school life; > established the boards of the school and redefined the legal status of the school personnel; > allowed the realisation of innovative experiments with the observance of the laws in force.

The Nineties had a series of sectoral reforms, such as the reform of the primary school, the adoption of the Consolidated Law on school regulations, the establishment of the Comprehen-sive Institute, and the extension of compulsory education to 10 years.Law 59/1997 introduced school autonomy (Article 21).School equality was introduced by Law 62 of 2000, which established the public education and training system, including state schools and charter schools.

5. From the Moratti reform to Good School

With Law 53/2003 (the Moratti reform) a new reform of the non-university educational system was introduced, restructuring: > Nursery schools; > The first school cycle (primary school and lower secondary school); > The second school cycle (secondary school divided into two subsystems, grammar schools

and vocational schools).Today, only the general system remained of the Moratti reform. In fact, in 2007, the change of legislative majority involved partial deferment. Between 2009 and 2010, a series of contain-ment measures for public spending reorganised primary and secondary education.


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In 2015, Law 107 (the so-called Good School Law or Buona Scuola) introduced a total “Reform of the national system of education and training” to be implemented (in particular) through a series of delegated legislative acts in approval within 18 months after the Law (16 July 2015) came into force.On this basis, eight legislative decrees were issued, all dated 13 April 2017:1. Legislative Decree April 13th 2017, no. 59, “Reorganization, adaptation and simplification of

the system of initial training and access to the role of teacher in secondary school”.2. Legislative Decree April 13th 2017, no. 60, “Rules on the promotion of humanistic culture, the

enhancement of heritage and cultural productions and on the support of the creativity (...)”.3. Legislative Decree April 13th 2017, no. 61, “Review of pathways of vocational education in

compliance with Article 117 of the Constitution, as well as connection with the paths of voca-tional education and training (...)”.

4. Legislative Decree April 13th 2017, no. 62, “Rules relevant to evaluation and certification of skills in the first cycle and state exams (...)”.

5. Legislative Decree April 13th 2017, no. 63, “Effectiveness of the right to study through defini-tion of benefits, in relation to personal services, with particular reference to hardship condi-tions and instrumental services, as well as enhancing of the student’s card”.

6. Legislative Decree April 13th 2017, no. 64, n. 64, “Discipline of the Italian school abroad (...)”.7. Legislative Decree April 13th 2017, no. 65, “Establishment of the integrated education and

training system from birth up to six years (...)”8. Legislative Decree April 13th 2017, no. 66, “Rules for the promotion of the inclusion of stu-

dents with disabilities in school (...)”.

Chapter 11 The right to education and training in the Italian school system

1. The compulsory school

The current rules, on right-duty to education and training, state:- “the education provided for at least ten years is compulsory and it is aimed at enabling the achievement of a secondary school diploma or a professional qualification of at least three years, within the eighteenth year of age” (law No. 296/2006, Article 1, paragraph 622);- after reaching the age of 16, the compulsory training still exists, defined by the art. 1 of Legisla-tive Decree no. 76/2005, n. 76, “right-duty to education and training up to the achievement of a diploma of at least three years, within the eighteenth year of age”.Early school leaving defines the set of behaviours deriving from the unjustified absence of minors from compulsory school; on the contrary the “evasion” term refers to a single defaulted student. The National Registry of Students allows to prevent early leaving as school institu-tions, both state and state officially recognised ones, are required to update in real time the attendance of each single pupil by accessing the SIDI (Education Information System).

2. The national education system

The national education system consists of state and state officially recognised schools, pri-vate schools, and schools of local authorities (Law 10 March 2000, No. 62: see below).


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The Constitution (Art. 33) states the right of private individuals to set up schools and educa-tional institutions, without charges for the State.The educational system of education and training is divided into: > kindergarten; > first cycle of education, which includes the primary and secondary school of first degree; > second cycle of education supported by the parallel channel of vocational education and

training.

3. Registration and formation of classes

In the initial classes of various school orders, the number of pupils must be:- in kindergartens, between a min. of 18 and a max. of 26 (P.D. No 81/2009, Art. 9, par. 2);- in the primary school between a min. of 15 and a max. of 26, increased to 27, if a residual number remains; in multi-classis between a min. of 8 and a max. of 18 (P.D. no. 81/2009, Art. 10, par. 1);- in the secondary school of first degree between a min. of 18 and a max. of 27, which can be raised to 28 (if a residual number remains) or 30 (when a single class is formed) (P.D. No. 81/2009, art. 11, p. 1);- in secondary school of second degree from a min. of 27 to a max. of 30 (P.D. no. 81/2009, Ar-ticle 16, paragraph 1 et seq.)

Chapter 12 Nursery schools and first cycle

1. Nursery schools regulations

Nursery schools were established by Law 444 of 18 March 1968.The current nursery school is a pre-school path, recommended but not mandatory, for children from 3 to 6 years of age.The normal schedule is of forty hours per week, for five or six days, which can be extended to a maximum of fifty hours a week and reduced to no less than twenty-five hours.The sections of primary school have, usually, a number of children that is not less than 18 and not higher than 26.For children from 24 to 36 months, the spring sections can be activated, based on school pro-jects underlying agreements between the Regional School Offices and the Regions.The National Guidelines for nursery schools are included in the National Guidelines for nurs-ery schools and first cycle, issued in 2012.The integrated training and education system (so-called System 0-6 years) established by Leg-islative Decree no. 65/2017 consists of: > educational services for children, divided into:

a) nurseries and small day nurseries (from 3 to 36 months);b) primavera sections (from 24 to 36 months, at state or state officially recognised kinder-

garten);c) supplementary services that contribute to the education of children and meet the fami-

lies’ needs in a flexible and diversified way (play areas, centres for children and families, educational services in home context.

> State and state officially recognised kindergartens.


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2. Primary school

The primary school is the first step of the first cycle of education. The condition to enrol in the primary school is to come to the age of 6 years.Upon registration, parents or tutors express their options regarding the weekly timetable, which includes four models: > 24 hours per week, introduced by Law 169/2008; > 27 hours per week, introduced by Legislative Decree 59/2004 (Article 7); > 30 hours per week. To the 27 hours option another 3 hours of optional activities are added,

at parent’s choice and based on the availability of the personnel (models 2 and 3 are derived from Law 53/2003, the so-called “Moratti reform”);

> 40 hours per week (full-time), with 8 hours per day for 5 days a week, including a lunch break, the duration of which (one to two hours) is decided by the Board of the Institute at the pro-posal of the Board of teachers.

The classes of primary schools have, usually, a number of children that is not less than 15 and not higher than 26.Teaching English language was compulsory as a result of the Law 53/2003. The weekly timeta-ble is different depending on the year group: one hour in the first grade, two in the second, and three in the following grades.The National Guidelines for primary school are included in the National Guidelines for nursery schools and first cycle, issued in 2012.The periodic and annual evaluation of the pupil’s academic performance, as well as the re-lated certification, is expressed in grades with tenths. The evaluation of the behaviour is in-stead expressed via a judgement, delivered in the manner approved by the Board of teachers. Even for the Catholic religion, the assessment is made through synthetic judgement.Support teachers assigned to classes in which pupils with certified disabilities are included, participate in the evaluation of all pupils.Teachers may unanimously decide not to admit a pupil to the next grade, only in exceptional and duly motivated cases.The frequency criterion of at least three quarters of the customised annual timetable does not involve primary school. It follows that the evaluation of the impact of absences on the scholas-tic performance is left to be decided by the team of teachers.

3. Lower secondary school

After primary school the lower secondary school, which lasts for three years, has two models of weekly timetable: > Basic timetable of 30 hours per week (normal time); > Prolonged time of 36 hours per week, which can rise to 40 hours upon authorisation of the

Regional School Office. The timetable includes the time spent in the school canteen.The parents or tutors are responsible for choosing the option at the time of registration.The first classes are made up, as a rule, with no less than 18 and no more than 27 pupils, and can reach 28 in case of pupils extra registered.The teaching of two European languages was provided: the first is necessarily English, with three hours per week. The second language has two hours per week and, based on the Pro-gramme of Studies, it normally provides a choice between French, Spanish or German.


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4. Periodic and final evaluation. The final state exam in the first cycle of education

In secondary school (lower and upper), the school year is valid when the pupil has attended at least three quarters of the customised annual timetable.The class council is responsible for the periodic and final evaluation, chaired by the head teacher or a delegate. Pupils must be assessed for each discipline and behaviour with grades expressed in tenths. Teaching Catholic religion is evaluated using synthetic judgement.In case of “partial or non-acquisition of learning levels in one or more disciplines”, the class council can decide the non-admission to the next class or final exam of the first cycle (article 6 of Legislative Decree no. 62/2017).The State exam consists of three written tests and one interview. The written tests are:1. written test of Italian or the language in which the teaching takes place, aimed at ascertaining the command of the same language;2. written test concerning logical-mathematical competences;3. written test divided into a section for each of the studied foreign languages.The multidisciplinary interview, collegially conducted at the presence of the whole subcommit-tee, aims at assessing not only the acquired knowledge and skills, but also the level of command of transversal skills (ability to exposure and argumentation, problem solving, reflective and criti-cal thinking, personal evaluation etc.: art. 8, paragraph 5, of Legislative Decree No. 62/2017).The final evaluation of the examination (LD No. 62/2017, art. 8, par. 7) is to be expressed in tenths, deriving from the average, rounded to the higher unit for fractions equal to or greater than 0.5 , between the admission mark and the average of the marks for tests and interview.The exam is considered as passed if the candidate achieves a total overall mark of at least six tenths.

Chapter 13 Second cycle of education

1. The equal status of “education” and “education and professional training”

The Moratti reform stated the equal status of the two pathways after the first school cycle: the five year education by the State and the education and professional training by the Regions.Prior to the reform the professional training courses were organised as practical technical courses that lasted two years. A further limit consisted in the fact that it could not be used to shift to the five years education pathway or for the purposes of participating in public contests, ending up being a blind channel reserved for pupils who did not continue their studies after the eighth grade.The official legislative recognition of the two pathways meant that the so-called second chan-nel was implemented with objectives and cultural content, so that it was named “education and professional training” (EPT), extended to three years with the possibility to graduate in the fourth year; it allows entering the fifth year of the second cycle and gives access to the final State exam.The first two years of both channels are useful to accomplish the mandatory ten years of educa-tion.


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2. Regulations of the upper secondary school

In line with Law 40/2007, the second cycle of education returned to the traditional structure of a “three-point system”: vocational schools, technical schools, and high schools.After the reorganisation of 2010, the upper secondary school is regulated by: > P.D. (*) 87 of 15 June 2010, “Regulations concerning the reorganisation of vocational schools”; > P.D. 88 of 15 March 2010, “Regulations concerning the reorganisation of technical institutes”; > P.D. 89 of 15 March 2010, “Regulations concerning the revision of the administrative, organi-

sational and teaching procedures of high schools”.

(*) – Presidential Decree.

3. Class structure

The classes of the first year of study of institutes and schools of secondary and upper secondary education have, usually, no less than 27 students.As a rule, the number of intermediate classes formed is equal to that of the classes from where the students come from, provided that they have no less than 22 pupils. The number of termi-nal classes is equal to that of the corresponding penultimate classes in the previous school year, provided that there are at least 10 pupils enrolled.

4. CLIL: teaching and learning in another language

The Content and language integrated learning, CLIL, involves the use of a foreign language as a means of learning content.CLIL was implemented in 2010 with the reorganisation of technical schools and high schools:In the last year of high schools and technical schools, the teaching of a non-linguistic disci-pline is taught in a foreign language;In language high schools, teaching of a non-linguistic discipline in a first language begins in the third year; from the fourth year, a second discipline is conveyed in another language.As for the vocational schools, CLIL is not provided in the Regulations, although it is possible to use the autonomy quota to consolidate the experiences already initiated.CLIL needs teachers that are prepared and who possess not only disciplinary skills, but also intercultural, linguistic and communication skills in a foreign language.

5. The Common European Framework of Reference for Languages and the European Language Portfolio

The Common European Framework of Reference for Languages is the system that qualifies the skill level achieved by those who study a European language.Developed by the Council of Europe between 1989 and 1996, it distinguishes three groups of competence, mentioned below starting with the highest level: > Level C - “Mastery”; > Level B - “Autonomy”; > Level A - “Basic”.

Each group is divided in turn in two levels, for a total of six levels.The European Language Portfolio is the document that accompanies those who study a lan-guage in their learning path throughout their life. It consists in three different sections: the Language passport, the Linguistic biography and the Dossier.


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6. School-work related learning

The school-work related learning, or vocational learning, is a way of training 15 to 18 year olds, in order to ensure that young people acquire skills they can use in the job market.The vocational pathways are the responsibility of the school, based on the agreements with the companies, associations, Chambers of Commerce, public and private institutions, professional associations, museums and other public or private institutions willing to accept the students.These pathways, which do not imply an employment, have an overall duration of: > At least 400 hours in the final three years of technical and vocational schools; > At least 200 hours in the final three years of high school.

7. Student evaluation

For the evaluation of students in the schools of the second cycle, the rules continue substan-tially to be decided by the P.D. 122/2009; however, note that, the reform of the state exam enters into force (Legislative Decree no.62/2017) starting from the 2018/2019 school year. The periodic and final evaluation is made by the class council, chaired by the head teacher or a del-egate, with decision taken, where necessary, by the majority.The support teachers, also responsible for the class and participate in the evaluation of all pu-pils. The evaluation of pupil’s behaviour is expressed in decimals and the numeric grade is also written in letters in the evaluation document.Even in the upper secondary school, the validity of the school year is subordinated to the fre-quency of at least three quarters of the customised annual timetable (the Board of teachers may provide motivated and extraordinary exemptions for exceptional cases).For admission to the next class, pupils must obtain the following grades in the final exam: > The grade for behaviour of not less than six tenths; > The grade for each discipline of not less than six tenths.

In the event of students who have not acquired sufficient knowledge at one or more disciplines, the class council suspends the judgement and prepares educational interventions to catch up, setting them for no later than the start date of classes of the next school year. At the end of the interventions, the class council shall verify the results obtained and shall give the final judge-ment which, in case of positive outcome, allows for the admission to the next class.

8. School credit and training credit

The school credit takes into account the average of the grades, the attendance record, the interest, the commitment and the behaviour, as well as any training credits.The class council gives to the pupil who is worthy, at the final exam of each of the last three years of high school, a special score: the sum of the scores obtained during the three years is the school credit that is added to the grades obtained by the candidates in the exams. The maximum credit attributable during the three year period amounts to 25 points. The train-ing credit consists in qualified educational experiences that generate skills consistent with the type of course referred to in the State Examination. These experiences are acquired outside school, in environments and sectors of the civil society related to the formation of the person and human, civil and cultural growth.For their evaluation during the admission exam, the related documentation must be received by the examining Institution, by the date set by ministerial ordinance that annually regulates the State examination.


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9. The State examination

The State examination is aimed to assess the knowledge and skills acquired in the last year of studies in relation to the general and specific objectives of each of the specialisations and gen-eral cultural bases, as well as the critical capacity of the candidate.The examination procedures are the responsibility of the Committee, composed of a Chair-man external to the school and no more than six members, of which half internal and half external to the school.The examination consists of three written tests and an interview.The first written test aims at verifying the mastery of the Italian language, as well as the expres-sion, logical and linguistic, and critical skills of the candidate.The object of the second test is one of the subjects’ specific to the course of study.The third test is an expression of the school autonomy. Therefore, it is closely related to the POF adopted by each of them. It is structured in order to allow the assessment of knowledge in a foreign language.The texts related to the first and second written tests are chosen by the Ministry. The text of the third written test is prepared by the examination board.The interview shall deal with multidisciplinary subjects related to educational programs and work of the last year. It takes place at the presence of the entire commission.A discussion on the written tests is expected to take place.At end of the State examination, each candidate shall be given a final grade expressed in cents, the result of the sum of the scores given by the examination board for the written tests (max. 45 points) and for the interview (max. 30), as well as the points for the school credit (max. 25) obtained by each candidate.The minimum score to pass the exam is 60/100.Notwithstanding the maximum score of 100, the examination board may, for worthy students, raise the score up to a maximum of 5 points.Those who obtain the maximum score of 100 points without getting the raise, subject to certain conditions, may receive the honours.

10. The reform of the state exam in the Legislative Decree n. 62/2017

Starting from school year 2018/19, the Legislative Decree 62/2017 applies. The conditions for admission to the State exam are the following (art. 13, par.2):a) attendance for at least three quarters of the personalized annual number of hours;b) participation in the INVALSI tests during the last year of the course;c) carrying out school-work alternation activities in the second two-year period and in the last

year;d) mark not lower than six tenths in each discipline or group of disciplines, evaluated with the

assignment of a single mark;e) a behavioural mark not lower than six tenths. In case of mark lower than six tenths in a discipline or in a group of disciplines, the class council can decide, with adequate motivation, the admission to the exam.The final state exam of the second cycle consists of two written tests followed by an interview (the third test is then abolished).


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The overall final mark remains in hundredths, as a result of the sum of the awarded points:- maximum 20 points for the evaluation of each written test and interview (maximum 20 points

x 3 tests = 60);- maximum 40 points of school credit,The minimum mark to pass the exam is 60/100.

Chapter 14 Regulations of vocational schools, technical schools, and high schools

1. Vocational schools

Vocational schools are an articulation of the second cycle of the education system. They belong to a unitary technical and professional area aimed at issuing final diplomas and they have their own regulations. They have as reference the production chains, unlike technical schools that have as reference the technological chains.The study courses at vocational schools have a duration of five years. They are divided into two-year periods and a fifth year, at the end of which students take the State examination in order to obtain the diploma of vocational education.The first two years, valid for the performance of the mandatory education, provides for each year: > 660 hours of activities and general education teachings (20 hours per week); > 396 hours of activities and mandatory specialised teachings (12 hours per week);

The next two years and the last year provide for each year: > 495 hours of activities and general education teachings (15 hours per week); > 561 hours of activities and mandatory specialised teachings (17 hours per week);

Vocational schools are divided into two sectors, each of which is divided into specialisations. The industry and crafts sector is divided into two specialisations: > Industrial production and handicraft, with the branches Industry and Handicraft; > Maintenance and technical assistance.

The Services sector includes four specialisations: > Services for Agriculture and Rural Development; > Health and Social Services with the related branches: Health and Social Services, Dental Ser-

vices and Optical Services; > Services for food and wine and hotel services, with the following branches: Food and wine,

Room services and Sales, Tourism; > Commercial services.

The educational and teaching program refers to the Guidelines issued in 2010 (for the first two years) and in 2012 (for the next two years and the last year).After passing the final State examination, the graduates of vocational schools, besides the work opportunities and college enrolment opportunities, have the following options: > Short pathways of 800/1000 hours to obtain a higher technical specialisation (IFTS); > Biennial pathways to obtain a higher technical diploma in the most advanced technology

areas at the Higher Technical Schools (HTS).


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The D.L. April 13th 2017, no. 61 reforms the vocational education as outlined by the PD n. 87/2010. The entry into force of new rules concerns the future training classes: art. 11 of LD no. 61 expressly provides that the professional education paths are redefined starting from the first operating classes in the s.y. 2018/2019. The art. 3 of the decree identifies eleven fields of study of the paths of vocational education:1) Services for agriculture, rural development and forestry2) Commercial fishing and fish production3) Crafts for Made in Italy4) Maintenance and technical support5) Water management and environmental bio-remediation6) Commercial services7) Food and wine and hotel hospitality8) Cultural and entertainment services9) Health and social care services10) Auxiliary arts of health professions: dental technician11) Auxiliary arts of health professions: optician.

2. Technical schools

Technical schools provide basic technical and scientific training necessary to those who seek to enter a qualified sector in the employment or freelance occupations market. The courses of technical schools last for five years, divided into two two-year periods and one last year, after which the students take the State examination and obtain the technical education diploma.There are 1,056 annual hours corresponding to an average of 32 hours per week.In the last year, a new technical and professional discipline is introduced, in a foreign language.The economic sector is divided into two specialisations: Administration, finance and market-ing; tourism.The technology sector is divided into nine specialisations: Mechanics, mechatronics and energy; Transport and logistics; Electronics and electrical engineering; IT and telecommunica-tions; Graphics and communications; Chemistry, materials and biotechnology; Fashion system; Agriculture, food processing and agro-industry; Construction, environment and territory.In the last year of study, a foreign language is introduced in non-linguistic discipline (CLIL).The educational and teaching program refers to the Guidelines issued in 2010 (for the first two years) and in 2012 (for the next two years and the last year).After passing the final State examination, the graduates of vocational schools, besides the work opportunities and college enrolment opportunities, have the possibility to obtain a higher technical specialisation mentioned above for the vocational schools.

3. High schools

High schools provide students with cultural and methodological tools for a deeper understand-ing of reality, so that they are able, using a rational, creative, planning and critical attitude to face situations, phenomena and problems, and acquire knowledge, skills and competencies con-sistent with the skills and personal choices appropriate to further follow higher studies, in order to integrate in the social life and the work market.The high school area includes six major branches, with additional internal branches: > arts high school, with six specialisations;


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> classical high school; > language high school; > music and dance high school, with the “music” and “dance” sections; > science high school, with the option of applied sciences and the sports high school section; > humanities high school, with the economic and social option.

The high school lasts for five years and is divided into two two-year periods and a fifth year, after which the students take the State examination.The weekly timetable in the two-year period is of 27 hours, except for the arts high school (34 hours) and the music and dance high school (32 hours). In the following years, the hours in-crease based on the specialisation below.In the last year of study, a foreign language is introduced in non-linguistic discipline (CLIL). The educational and teaching program refers to the National Guidelines.The educational and teaching program refers to the National Guidelines issued in 2010.

Chapter 15 European Union and the subsidiarity to the education systems of the member countries

1. The construction of the common European home

World War II ended in the spring of 1945. After the horror of the genocide and destruction, there was the determination to create the conditions for stable peace, passing from the “Europe of countries” to the “Europe of nations”.In 1950, the French minister Robert Schuman proposed to put together the coal and iron re-sources, with the goal of doubling the production of steel and to lower its costs. The proposal consisted in abolishing the duty in the coal and steel sector.In 1951 Belgium, France, West Germany, Italy, Luxembourg and the Netherlands signed the first European Treaty, establishing the European Coal and Steel Community (ECSC).It gave excellent results, both economically and with the cooperation between Member States in general. It was decided to pursue economic integration by implementing the customs union between the Member States, with the aim of creating the European Common Market. Continu-ing on the line that led to ECSC, it was decided to put together the resources for the civil ap-plications of nuclear energy.On 25 March 1957, in Rome, the Treaties establishing two other Communities were signed: > the European Economic Community (EEC); > the European Atomic Energy Community (EAEC), known as Euratom.

The signatories were the same countries that had joined ECSC.In 1973, the United Kingdom, Ireland and Denmark joined; between 1981 and 1986, Greece, Spain and Portugal. The Member States became twelve.The eighties ended with the crisis of the “real socialism” system. The symbol was the “fall” of the Berlin Wall (November 9, 1989).On October 3, 1990 the reunification of Germany was proclaimed. The era of the “cold war” ended. The collapse of the system hinged on the URRS opened new spaces to the Community, while the Eastern European nations returned to democracy and to market economy.The Member States decided to establish other common policies, besides the economic policy.


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The Treaty on European Union was signed in Maastricht (Netherlands) on 7 February 1992.Its historic result was to set in motion the political integration process among the European states. The choice of the name “Union” indicated a willingness to give the Member States pros-pects of action beyond the economic aspect, toward fields where national competencies had been so far thoroughly guarded: those of the foreign policy, defence, and social policies.The European citizenship was established: whoever is a national citizen of a Member State is, therefore, a citizen of the Union. On 1 January 1995, with the entry of Austria, Finland and Swe-den, the Union reached fifteen states.The next goal was the adoption of the single currency, following the completion of the Euro-pean Common Market. For joining the monetary union, it was required to comply with the four criteria, called the “Maastricht criteria”. The introduction of the Euro took place on 1 January 2002. Today the single currency is adopted by 19 of the 28 Member States.Meanwhile, the countries that were freed from the “iron curtain” became candidates to the EU, as well as two small Mediterranean countries (Cyprus and Malta). The enlargement of the Union to the east and south raised economic and institutional problems:economic problems: low-development areas were involved, which would require massive inter-ventions for depressed areas;institutional problems: the institutions of the Community needed to be reformed since they had been created fifty years before when the Member States were only six.The accession to the EU by Eastern and South European countries saw the following steps: > in 2004: Poland, the Czech Republic, Slovakia, Slovenia, Hungary, Estonia, Latvia, Lithuania,

Cyprus and Malta; > in 2007: Bulgaria and Romania; > in 2013: Croatia.

Today, there are 28 EU Member States.

2. The functioning of the European Union

The functioning of the European Union is based on the founding Treaties (Rome Pact of 1957 and the Maastricht Treaty of 1992), with the additions and integrations made by the subsequent treaties.The Member States of the European Union increased from only 6 States in 1957 to the current 28 countries. At the same time, from the European enthusiasm of the early decades it went to the flow back of these years, during which an unprecedented financial crisis in the post-war period has highlighted economic difficulties in large areas of the Union. In addition there are difficul-ties in the cohesion of the Member States due to pressure put by the out of control migration movement from Asia and Africa. Finally, the terrorist actions of Islamic extremism have lead to restrictions on the fundamental freedom of movement within the Member States.The centripetal movement that led to the Treaty of Rome in 1957 and to the prospects of po-litical Union in 1992 started to fade away, in the face of the overt requirement that the Union solved the general problems and took charge of the particularly acute crisis in some Member States.The balance between the opposing trends entails the balance of the EU itself, being the latter based on the three principles governing the actions of the Union.The principle of responsibility: the Union shall act only within the limits of the powers con-ferred upon it by the Member States in the Treaties to attain the objectives set out therein.


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The principle of subsidiarity: in the fields that do not fall within its exclusive competence, the Union shall act only if and to the extent that the objectives of the proposed action cannot be sufficiently achieved by the Member States and can, therefore, be better achieved at Union level. In other words, the criterion that decisions are taken as close as possible to the citizens was determined. The subsidiarity principle was incorporated in the Italian Constitution with the constitutional reform of 2001.The principle of proportionality reiterates that the content and form of the Union’s action shall be limited to what is necessary to achieve the objectives of the Treaties.

3. Union’s institutions

The framework of the EU institutions is the result of the history of the European Communities and the complex relationship between the sovereignty of the Member States and the powers delegated to Community bodies.For example, in the democratic States, the Parliament has legislative power, is elected by the citizens and is the choice of popular sovereignty. In the EU this is only partially valid, as the at-tribution of exclusive legislative powers to the Parliament would mean the loss of the equivalent power (and, thus, of the sovereignty) by the Member States.Therefore, the approval process of the EU legislation is based on the necessary collaboration between the European Parliament and the Member States, the latter being represented in the Council’s Union (called Council of Ministers).The EU institutional framework consists of seven institutions: > European Commission; > European Council; > Council of the European Union; > European Parliament; > Court of Justice of the European Union; > Court of Auditors; > European Central Bank.

The European Commission is composed of European commissioners, each being chosen from the leading figures of the Member State of affiliation. The Commission is the governing body of the EU, besides making the legislative proposals, it is independent from the States.The European Council brings together the Heads of State or Government of the Member States and the President of the Commission at least twice a year. The Council defines the gen-eral political directions and priorities of the Union.The Council of the Union, known as the Council of Ministers, is composed of ministers or, however, of members of the governmental structure of the Member States. It meets in differ-ent forms, depending on the issues on the agenda. The Council, together with the European Parliament, has legislative and budgetary function; it coordinates the economic policies of the Member States.The European Parliament is the parliamentary assembly of the European Union, directly elect-ed by EU citizens every five years. It takes part in the legislative process. Depending on the procedure adopted, its role can be decisive in the adoption of the final act, or can simply express an opinion.The Court of Justice of the European Union is the interpreter of the EU law so that it is applied equally in all Member States. Evaluates disputes between national governments and EU institutions.


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The Court of Auditors is the controlling body of EU finances. Its role is to improve the financial management of the EU and to report on the use of public funds.The European Central Bank is responsible for implementing the monetary policy of those countries adopting the Euro.

4. Powers of the Union

The powers of the Union can be divided into: > exclusive competencies, for which the Member States have fully devolved areas of national

sovereignty (customs union; competition, single currency for the States that have adopted the Euro; trade policy with third countries);

> concurrent or shared powers, such as internal market, agriculture and fisheries, environ-ment, consumer protection, transport, trans-European networks, and energy. The Union is responsible for these matters the role of the States is residual: they can legislate in these fields in accordance with the decision taken by the Union or in the event that the latter did not exercise its jurisdiction;

> areas in which the Union’s action takes place in subsidiary function, without holding any legislative power.

One of these areas is education. One cannot talk about a common European policy on educa-tion while it is correct to speak of cooperation in the field of education based on the principle of subsidiarity.

5. European programs in support of education throughout life

Always in respect of the subsidiarity principle, the European Union supports the national educa-tion and vocational training systems.To this extent the Socrates Program was launched in order to support quality education by developing the European dimension of education. It included four actions: Comenius (school), Erasmus (university), Leonardo da Vinci (vocational training), Grundtvig (adult education).The framework for the Union was redesigned as part of the “Education and training 2020” strat-egy. In 2014, the Erasmus+ Program started, which continues the traditional plan in an up-dated framework of objectives.The eTwinning project should also be pointed out making possible e-twinning projects between European primary and secondary schools through an on-line platform.

Chapter 16 School autonomy and management

1. School autonomy

Introduced by the Bassanini Law (59/1997), school autonomy had constitutional recognition with the rewriting of Article 117, operated by the Constitutional Law 3/2001.Article 1 of P.D. 275/1999, “Regulation laying down rules on the autonomy of educational insti-tutions” issued in accordance with Law 59, states as follows:


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> the autonomy of educational institutions is a guarantee of academic freedom and cultural pluralism, and is embodied in the planning and implementation of measures for education and training aimed at developing the person;

> these interventions are appropriate to the different contexts, the demand of the families and the characteristics of the pupils, in order to ensure their educational success.

2. Best dimensioning of schools

School autonomy lead to the rationalisation of their organisation in the territory, aimed at achieving an appropriate dimensioning that would justify the legal status of educational institu-tions and the management role to head teachers.In order to acquire or maintain autonomy, education institutions had to have, usually, a popula-tion between 500 and 900 pupils. Exceptions were granted in small islands, in mountain vil-lages, in geographic areas characterised by ethnic or linguistic specificity, where the parameter was reduced to 300 pupils. On the other hand it was allowed to exceed the normal parameters in areas of high population density.The set parameters were changed with the spending review law, Law 111/2011, establishing that from year 2011/2012 they would be as follows: > nursery schools, primary school and lower secondary school were compulsorily aggregated

in comprehensive schools; > comprehensive schools, in order to obtain autonomy, had to have at least 1,000 pupils, re-

duced to 500 for the institutions located in small islands, in the mountains, and in the geo-graphic areas characterised by linguistic specificity.

However, since the competence to determine the school network on the territory belongs to the Regions, it was then established (Law 128/2013) that the school aggregation had to be oper-ated by the Regions, respecting the contingent of school managers (thus, the number of schools that have autonomy) assigned to the territory.

3. School management

The school manager (according to Article 25 of Legislative Decree 165/2001): > has autonomous powers of management, coordination and evaluation of human resourc-

es; > ensures the execution in school of the rights constitutionally protected: freedom of educa-

tion, freedom of educational choice of families, right of pupils to learn; > can autonomously determine the supply teachers up to 10% of the personnel; > is assisted by the director of general and administrative services (d.g.a.s.) who acts in the

framework of the received instructions; > deals with the labour relations in the financial agreements of the institution; > has direct responsibility as an employer related to safety at work; > has the right to process personal data (privacy protection).

Everything takes place in compliance with the competencies of the governing boards.The recent law 107/2015 has set itself the aim of relaunching school autonomy by the reinforce-ment of the leading role of school managers.The following are some of the new powers given to the school manager: > establish guidelines for school activities on the basis of which the Board of teachers lays the

TYPS (PTOF);


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> identify the personnel to be assigned with three-year tasks in the autonomy personnel roles; > give annually to deserving teachers, based on the criteria identified by the Evaluation Board,

the financial reward (bonus) coming from the appropriate Ministerial reserves.

4. The three-year plan of the Program of Studies

The set of choices that help characterising the institution’s educational physiognomy is made public through the preparation of the Program of Studies introduced by the Presidential De-cree 275/1999 and extended to three-years by Law 107/2015. The Three-Year Program of Studies (TYPS) is the cultural and planning document of each school and it is public, so that it can be read by the families wishing to learn about the planning of the institute. The plan is prepared by the board of teachers based on the guidelines for school activities and on the management and administration decisions defined by the school manager. The plan is approved by the Board of the Institute.This document makes public the compulsory curriculum offered by the school to its stu-dents, which arises from the overall national quota and the quota reserved to schools, including the disciplines and the activities freely chosen by the single institution to enhance the cultural specificity of the territory. The TYPS also indicates the extracurricular activities, the educational and organisational activities that the school adopts, the criteria for evaluation and those for the recognition of credits related to the activities carried out for the extension of the training offer, freely undertaken by the pupils and duly certified.

5. School networks

The autonomous schools, being independent legal entities, may be subject to network agree-ments between schools and/or institutions of various types, either private or public (universi-ties, associations, training institutions), for a better implementation of educational, research and development, training and updating projects.The territorial networks formed under Law 107/2015 by regional school boards for the manage-ment of the teacher personnel have a different function. They arise not from the free associative needs of the school but, first of all, from the need to: > ensure the allocation of territorial headquarters to teachers newly placed and to those who,

already in place, lose their jobs and/or ask for mobility; > prepare the environment where the proposals of the school managers of the territory and

the teachers’ incardinated in the environment can meet, in order to implement the school program of studies through the enhanced personnel.

6. System monitoring

As a result of the constitutional reform of 2001, an exclusive legislative power was attributed to the State for the following topics (Article 117): > determination of the basic levels of performances concerning civil and social rights that

must be guaranteed throughout the national territory; > general legislation on education.

In the education system, tasks and responsibilities that belong to different levels intersect. In particular, if the State is responsible for the “determination of the basic levels of performances


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concerning civil and social rights that must be guaranteed throughout the national territory” it must also check that all citizens concretely benefit from these basic levels of performance.Educational institutions are responsible for the rights of the students, primarily for their edu-cational success, as part of the Specifications received and allocated resources, developing the TYPS and collaborating with the Central Administration in verifying the efficiency of the system.INVALSI is the research institute that performs the evaluation of the education system based on the specific ministerial directives, operating as a body of the national evaluation sys-tem established by Presidential Decree 80/2013.The evaluation of the learning levels of the students from each school is performed by testing, at national level, the knowledge and skills acquired at specific times during the training: the sec-ond and fifth grade of primary school, third grade of lower secondary school, second and fifth grade of upper secondary school.The tests include the Italian language and mathematics, to be assessed in line with the learn-ing objectives defined by the National Guidelines.Moreover, English language is added in the fifth class of the primary, in the third class of second-ary of the first degree and in the fifth class of second degree secondary school, (LD 62/2017).Together with INDIRE and the MIUR inspection team, INVALSI represents the National Evalu-ation System (SNV) for education and training.INVALSI also ensures Italy’s participation in international surveys, enabling a closer connec-tion between their results and the results of national surveys.

Chapter 17 School community as a place of participation: the school’s governing bodies

1. The school’s governing bodies

In the system outlined by Law 477/1973, all governing administrative bodies of the schools have a governing body representing the internal personnel (directors, teachers, non-teaching per-sonnel) and users (parents and students). In particular, each single school, has: > the School or association board; > the Board of teachers; > Board of intersection, interclass and class; > the Committee for the evaluation of teachers; > students’ and parents assemblies.

The powers of the governing bodies are regulated by the Consolidated Law on education (Leg-islative Decree 297/1994, Articles 5-15).With the exception of the Board of teachers, all the governing bodies are elected by the school. The operating rules of the school’s governing bodies are established through the Regulations approved by the school board, with reference to the model issued by the Ministry with C.M. 105/1975.


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2. School or Association board

The Association board (in primary schools) or School board (in secondary schools) is an elective body that has orientation functions, while the school manager is responsible for the man-agement of the school and personnel. It consists of the school manager (who is a member by right) and the elected representatives of: > the students’ parents; > the teaching and non-teaching personnel; > the students in upper secondary school.

The School or the Association board, summoned by its chairman, is the meeting place of the institution and the society of the territory in which the school operates. Within the institute, the Council is the interlocutor of the Board of teachers: if the latter lays down the educational and teaching program and the Three-Year Program of Studies, the Council decides upon the proposals of the Board concerning the program of studies and the organisational and financial support for its implementation.Therefore, it has the power to decide in the following key areas: > approval the Three-Year Program of Studies; > organisation and planning of school activities; > approval of the annual budget; > adoption of regulations, with particular reference to the responsibilities arising from the ob-

ligations of supervision of minor pupils and to the regulation of discipline in the secondary school;

> approval of the school diary.The Board elects an Executive council among its members, with technical tasks such the prepa-ration of documents for financial management.These documents are: > the annual program, namely the budget, which is prepared by the school manager and pre-

sented for approval to the School board by the Executive council, with the regular accounting advice of the auditors;

> the final account, consisting in the financial account and the assets account. It is prepared by the Director of general and administrative services, submitted by the school manager to the auditors and approved by the School board.

3. Board of teachers

The Board of teachers is chaired by the school manager and composed by all members of the teaching personnel on duty in the school. The manager appoints as secretary one of the supply teachers.The Board of teachers has the power to decide with regard to a series of subjects; it can propose others; it is also an electorate body.The areas for which it takes decisions are as follows: > educational operation of the institute, in particular educational and teaching planning, as

well as pupil evaluation; > periodic review of the overall teaching activity; > adoption of textbooks; > promotion of experimentation initiatives; > promotion of updating initiatives for teachers;


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> planning and implementation of initiatives to support students with disabilities or with learn-ing difficulties, the integration of foreign students, the follow up of pupils with learning dif-ficulties.

It makes proposals to the school manager, taking into account the criteria approved by the School board, for the following aspects: > formation and composition of classes; > assignment of teachers to each class; > preparation of the timetable.

It is an electoral board when it elects two teachers in the Evaluation council and when it ap-points the teachers responsible for the instrumental functions to TYPS.The activity of the Board of teachers intersects with that of the School board, which is distin-guished by a different general competence.A significant paradigm of cooperation between the two bodies is the construction of the TYPS, developed by the Board of teachers and approved by the School board. The recent Law 107/2015 has assigned to the school manager the task to provide the Board in advance with the “specialisations for the school’s activities and the management and administration choices”.

4. Intersection, interclass and class boards

The terms Board of intersection (nursery schools), Board of interclass (primary school) and Board of class (secondary schools) mean the related teachers’ meetings, integrated at specific times by the parents and students (in the upper secondary school), annually elected as repre-sentatives of their respective components.The boards come together in two different ways: > by presence of the teachers: for educational coordination and periodic and final evaluation; > by presence of the teachers and the class representatives elected by the parents (and

by the students in upper secondary school). Their tasks are to promote educational col-laboration, to assess the overall performance of the learning activity, to approve educational projects for the class and to propose the annual plan of visits and educational trips, and to issue an opinion on the adoption of textbooks.

5. Committee for the evaluation of teachers

The Committee for the evaluation of teachers has three functions: > to identify the criteria on which the school manager assigns a bonus to reward deserving

teachers: > to express its opinion on the new teacher at the end of the test-training year > to evaluate the performance (for a maximum period of three years) of the teachers who re-

quest it.The Council lasts in office for 3 years. It is chaired by the school manager and it is composed as follows: > three teachers of the school, two of which are chosen by the Board of teachers and one by

the School board; > two representatives of the parents, for nursery schools and for the first cycle of education;

one representative of the students and one representative of the parents, for the second cycle of education, chosen by the School board;


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> an external member chosen by the Regional School Office among the teachers, school man-agers and technical managers.

In its full composition the Council has the function of determining the criteria for the en-hancement of teachers. The school manager takes into account those criteria at the end of the year when he must identify the teachers deserving to receive the bonus from the appro-priate ministerial fund. When the Council expresses its opinion on the passing of the training and testing period for the teaching and educational personnel, it meets in a technical and evaluative composition, consisting in the presence of the school manager, who chairs the meeting, the three teachers of the school, and it is integrated by the teacher who is given the role of tutor.

6. Meetings of parents and students

The decrees of 1974 gave the parents of the pupils and students in secondary school the op-portunity to meet in class or school assemblies, as well as to make a council composed of the representatives elected in the intersection, interclass or class boards.

Chapter 18 The teacher: legal status and contract profile

1. Academic freedom

Article 1 of the Consolidated Law sets out the constitutional principle (Article 33) of academic freedom, stating that: > it is exercised in accordance with the constitutional law and the legal system of the school; > it aims to promote the full development of the student’s personality through an open

exchange of cultural positions; > this promotion action is implemented in compliance with the moral and civil conscience

of the pupils.Academic freedom is a guarantee for the teacher against constraints or conditioning by the public authorities. In this sense, academic freedom is recognised as an individual right of the teachers.

2. Rights of the students and their families

Academic freedom is not an end in itself, but a tool for the realisation of the freedoms and rights of the students: foremost, their right to education. The aim of the school autonomy is to achieve the educational success of students (P.D. 275/1999, Article 1). Article 29 of the Constitution recognises the rights of the family as “natural society founded on marriage” and Article 30 claims that it is the duty and right of parents to support, raise and educate their children. It follows that: > the task of the democratic State (compared to the absolute State) is not to educate but to put

families in the position to educate their children; > the school is given the task to develop and implement the educational and teaching program;

the family is partner of the school.


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The school manager is responsible for the promotion in school of the constitutionally pro-tected rights (Article 25, Legislative Decree 165/2001).

3. Role of the teacher

Article 395 of the Consolidated Law 297/1994 outlines the characteristics of the role of the teacher, as the basic provider of: > transmission of culture; > contribution to the elaboration of culture; > encouragement of students to participate in this process and in the human and critical

development of their personality.

4. Trial period of the teaching personnel

Provisions are set by Article 438 of the Consolidated Law, as supplemented by par. 115 of Law 107/2015. After the trial period, there is the service period for at least one hundred and eighty days, of which at least one hundred and twenty carried out in educational activities. During the test year, the teacher follows a path of training at work, by means of: > professional assistance at school, given by a teacher appointed by the school manager, after

hearing the opinion of the Board of teachers, having the appropriate qualifications and skills (the tutor);

> 50 hours of training.At the end of the school year, the teacher tested is evaluated by the school manager, after having heard the Evaluation Board, based on the investigation of the tutor teacher (Law 107/2015, Article 1, par. 117).On the basis of these evaluations and of any other element acquired, the manager can decide whether to: > confirm the role, in case of a positive outcome; > ask for a repetition of the test year, in case of a negative outcome due to failure to achieve

the necessary service days or due to a negative evaluation of the test year. This will lead to an unrenewable second period of training and testing.

5. Working hours of teachers

Teacher’s working hours is a subject regulated by contract (Articles 28 and 29). The National Collective Labour Agreement provides for the weekly mandatory hours of instruction: > 25 hours for nursery schools; > 22 hours for primary school, plus 2 hours dedicated to educational planning; > 18 hours for secondary schools.

The same agreement defines the obligations for the activities needed for teaching, classifying them into five areas: > individual work for preparing the lessons, correction of papers and individual relations

with the families; > collective activities for which up to 40 hours a year are needed in order to attend meetings

of the Board of teachers and to carry out the tasks set in its reunions; > activities of the class councils for which up to 40 hours per year are needed; > performance of the exams and final exams (without quantification);


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> in order to ensure reception and supervision of pupils, the teachers are required to be in class 5 minutes before the classes start and to assist the students out at the end.

Teachers’ activities not related to teaching are planned in the annual program of activities, suggested by the school manager and directly connected to the TYPS.

6. Special tasks

It is expected that the teacher will receive special assignments for the collaboration with the school manager or for the coordination of the areas of activity in the TYPS: > collaborators are selected by the school manager for organisation and teaching roles; > the instrumental functions to the TYPS are identified by resolution of the Board of teach-

ers.

7. The right and duty to cultural and professional updating

Defined by the National Collective Labour Agreement as functional to teaching activities, the training of teachers is defined by Law 107/2015 as mandatory, permanent and structural.It is programmed by the Board of teachers in line with the TYPS, with the results from the im-provement programs of schools, as well as with the priorities outlined in the National Education Plan adopted by the Ministry.As established by Law 107/2015 in-house teachers can use an Electronic Card charged with an amount of 500 euro to pay for the purchase of study or work tools or as a contribution for the registration in schools offering updating and training courses.

8. Incompatibility with other activities

The Constitution states that public employees are exclusively at the service of the State (Ar-ticle 38): hence, the prohibition to carry out other activities. However, employees that choose a part-time not exceeding 50% of the full-time, can have a second job.As for the teachers, the TU of the school provides for the possibility of private lessons to pupils of other institutions, as long as the head of the school is informed. It also provides that a full-time teacher can practice the profession with permission of the school manager.

9. Responsibility of the teacher concerning minor pupils

Article 2048 of the Civil Code provides that “tutors and those who teach a profession or craft are responsible for the damage caused by the unlawful act of their students and apprentices while these are under their supervision. The persons referred to in the previous paragraphs are freed from respon-sibility only if they prove not to have been able to prevent the incident.”The teaching personnel of the schools, both private and public, falls within the definition of “tutors”.The responsibility, called culpa in vigilando, is exonerated only if the teacher proves that he/she could not avoid the incident, i.e. has the burden of proof with the presumption of guilt against him.The School board, on the initiative of the school manager, issues a regulation laying down the procedures for exercising the supervision of pupils at all times during the activities contem-plated by the TYPS.


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10. Disciplinary responsibility of the teacher

The disciplinary responsibility rises whenever the employee breaches his obligations of behaviour. At present, the teacher is subject to the general rules on public employment, as indicated by Legislative Decree 165/2001 (Article 55-bis and following articles), and the special regulations as indicated by the TU of the school. The principles to be followed in the application of sanctions are:1. principle of proportionality between infringement and sanction;2. principle of graduation of sanctions;3. principle of the contradictory.The school director is responsible for the following penalties for the teaching staff:> written warning;> censorship;> suspension from teaching or office up to 10 days.The Regional School Office is responsible for the most serious penalties:> suspension from duty without pay longer than 10 days and up to 1 month;> suspension from duty without pay for a period of 6 months and employ in different tasks;> dismissal with notice;> dismissal without notice.

Chapter 19 The State regulation. The Ministry of Education, University and Rese-arch

1. The Constitution

In the Constitution, which came into force on 1 January 1948, the Republic is mentioned as the “container” of territorial institutions (Article 114: “The Republic is made up of Municipalities, Provinces, Metropolitan Cities, Regions and the State”).Social formations (Article 2) are recognised: associations (Article 18), religion (Article 19), fam-ily (Articles 29-31), school (Articles 33-34), trade unions (Article 39), and political parties (Article 49).Therefore, the Republic is the framework of co-existence of the legal fundamentals to which the Italian citizen is called upon to exercise its own rights and duties.

2. The start of the Constitutional reform in 2015

During the seventeenth legislature, the bill for Constitutional reform was being approved.First of all, the bill provides in overcoming the two-party chamber system, assigning different tasks, to the Chamber and Senate: > The first is responsible for the trust relationship with the Government, continuing to exercise

the political, legislative and supervision function of the Government’s actions; > The Senate will represent the local institutions, contributing to the performance of the legis-

lative function only in cases established by the reform.


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The new Senate will be composed of ninety-five senators representing the local institutions and five senators appointed by the President of the Republic.The following exposition refers to the constitutional regulations provided by the Constitution in force, pending the approval and entry into force of the constitutional reform (Bill C. 2613-D).

3. The Parliament

Parliament is the expression of popular sovereignty.It is made up of the Chamber of Deputies and the Senate of the Republic, elected for five years. Both legislative assemblies have the same functions (perfect bicameralism).Parliamentary committees are bodies of each Chamber, composed of deputies and senators that represent, proportionally, the political forces. The most important function carried out is to analyse the bills, which must be ready before their discussion by the whole-house.There are three functions carried out by the Parliament: the legislative function, the control function over the Government and the political function.The Constitution provides, however, that the exercise of the legislative function may be del-egated to the Government by determining the principles and the criteria, for a limited period of time and for specific objects. When, in extraordinary cases of necessity and urgency, the Government adopts, under its own responsibility provisional measures having the force of law, it must present them the same day for conversion to the Chambers. The decrees lose effect from their approval if they are not converted into law within sixty days from their publication.

4. The Government

The Government is a constitutional body made up of the Prime Minister and the ministers, which together make up the Council of Ministers. The form of Government provided for in the Constitution is parliamentary because the Government is issued by the Parliament. The Gov-ernment objectifies its activities in the political leadership function of the State: > With the tools of the government program, the draft legislation implementing the govern-

ment program, the decree-laws and the decrees; > Exercising the executive power, i.e. administrative functions by the Public Administration, in

compliance with the recognised autonomy.

5. The Ministry of Education, University and Research and its territorial branches

The Ministries are thirteen: one of them is the Ministry of Education, University and Research. The central level of the Ministry of Education is organised in three Departments: > The Department for the education and training system; > The Department for higher education and research; > The Department for programming and management of human, financial and instrumental

resources.In each Regional capital there is a Regional School Office (RSO). Their total number is eighteen, as they are present in all Regions, with the exception of Valle d’Aosta and Trentino-Alto Adige.The main task of the RSOs is the allocation of human and financial resources to the single au-tonomous schools, based on quotas determined by the Ministry.Usually, the RSOs include: > provincial branches (before school autonomy, these were called Education authorities);


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> sub-provincial branches, intended to be the place of teachers named in function with the new rules: such areas (of forthcoming establishment) have been established by law 107/2015.

6. The Judiciary

After the Parliament and the Government, the Judiciary is “third power”, autonomous and independent of the State.The Judiciary represents all bodies of civil, criminal and administrative justice that exercise ju-dicial power or judicial function. The purpose of the judicial function (from the Latin ius dicere) is to declare the law to be applied in controversial situations and force the recipients to submit to the decision.The ordinary jurisdiction is divided into criminal and civil.The Superior Council of Judiciary is the governing body of the judiciary order and is autono-mous and independent from all other powers.

7. Special courts

They deal with special disputes in accordance with a specialisation criterion. Article 103 of the Constitution identifies the following special jurisdictions: > Administrative jurisdiction (Regional Administrative Courts; State Council on appeal); > Accounting jurisdiction (Court of Auditors); > Military jurisdiction (Military Courts).

8. The President of the Republic

The President of the Republic is an autonomous and independent constitutional body. His du-ties include: > Acting as a guardian of the Constitution; > Controlling and connecting the constitutional bodies of the State; > Representing the State and national unity.

He is elected by the Parliament in joint session of its members. He remains in office for seven years.

Chapter 20 Territorial autonomies of the Republic

1. The territorial autonomies

Article 5 of the Constitution states that the “Republic, one and indivisible, acknowledges and pro-motes local autonomies, implements the fullest measure of administrative decentralisation to the services that depend on the State; adjusts the principles and methods of its legislation to the require-ments of autonomy and decentralisation”. Article 114 states that the “Republic is composed of the Municipalities, Provinces, Metropolitan Cities, Regions and the State”.


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2. The Regions

The Regions are autonomous bodies that make up the Republic. They are divided into:1. Ordinary regions, uniformly disciplined by Section V of the Constitution;2. Special Statute Regions, governed by specific rules contained in the constitutional laws.

The 5 Regions with a Special Statute are Friuli-Venezia Giulia, Sardinia, Sicily, Trentino-Alto Adige/Südtirol, and Valle d’Aosta/ Vallee d’Aoste.

3. Legislative autonomy of the Regions

Following the constitutional reform of 2001, the new Article 117 distinguishes three types of legislative power: > Exclusive legislative power of the State, to determine the basic levels of performances re-

lating to civil and social rights that must be guaranteed throughout the national territory; > Concurrent legislative power or power shared between the State and the Regions. The

State determines the fundamental principles through by-laws and the Regions issue the sec-tor-specific legislation;

> Residual legislative power of the Regions on matters are obtainable by exclusion.

4. Legislative power of the State and Regions in the education system

Among the matters subject to the exclusive legislative power of the State, Article 117, par. 2, point n) mentions the general education standards.Among the matters with concurrent legislative power, Article 117, par. 3, states that “Education, except the autonomy of educational institutions, and except the vocational education and training” (which is a matter of exclusive legislation of the Regions).Annually, the Regions deliberate the programming plan of the training offer and the dimension-ing of the school network.They can also delegate to Provinces and Municipalities specific skills or parts thereof, imple-menting the principle of subsidiarity.

5. Regional bodies

Regional bodies are: > The President of the Region. Represents the Region, manages the policy of the Regional

Committee and is responsible for it, promulgates laws and issues regional regulations; > The Regional Committee, the executive body of the Region; > The Regional Council, elected every 5 years. It exercises legislative power.

6. The Provinces

The Province is a constitutive body of the Republic and is defined by Article 3, paragraph 3 of Legislative Decree 267/2000 as an “intermediate local authority between the Municipality and the Region, represents the community, takes care of its interests, promotes and coordinates its develop-ment”.In the education system, the Provinces have the following key competencies: > prepare the provincial plan of educational institutions on the territory;


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> provide the buildings, furnishings and every organisational tool necessary for the operation of the secondary schools;

> organize the school transport network.After the reform of 2014 (Law 56), the Provincial Councils are no longer directly elected. The draft Constitutional reform, currently in approval, provides for the abolition of the Provinces.

7. The Municipalities

The Municipality, constitutive body of the Republic, is defined by Article 3, paragraph 2 of Leg-islative Decree 267/2000 as the “local authority representing the community, it takes care of its interests and promotes development”. In the education system, the Municipalities have the fol-lowing key competences: > Define and manage the municipal plan of schools; > Provide buildings, furniture and equipment to nursery schools and primary schools; > Define the school assistance plan and the right to education, including bonuses for worthy,

capable, destitute and disabled students; > Provide for the public transport network; > Ensure compliance with the education obligation.

8. Metropolitan Cities

They are autonomous local authorities, reformed by Law 56/2014, whose territory coincides with that of the homonymous Province. They have been created in the 10 largest cities on the national territory: Turin, Milan, Venice, Genoa, Bologna, Florence, Bari, Naples and Reggio Calabria, plus Rome, the Capital, with special regulations.

Chapter 21 Public administration in the Constitution and law

1. Public Administration in the Constitution

The Constitution devotes to the Public Administration Articles 97, 98 and 28: > Article 97 “Public offices are organised according to the law, so they ensure the good perfor-

mance and impartiality of the administration (...); > Article 98 “Public employees are exclusively at the service of the State (...); > Article 28 “The officials and employees of the State and public entities are directly responsi-

ble, according to criminal, civil and administrative laws, for the actions committed by breach-ing of rights (…).

2. The principles of administrative action

The principles of administrative action are set forth in Law 241/1990, Article 1. The administra-tive activity: > Follows the purposes determined by law; > Is governed by the criteria of economy, efficiency, advertising and transparency; > Is also governed by the principles of European law.


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Another fundamental principle is set out in Legislative Decree 165/2001 (Consolidated Law of public employment) of which Article 4 assigns to the government bodies the functions of political-administrative nature, as well as the verification of the compliance of the operat-ing results with the directions issued while executives adopt the acts and administrative measures, as well as the financial, technical and administrative management (separation be-tween politics and management).

3. Administrative measures

The administrative act consists of any manifestation of will, knowledge or judgement (or mixed), put in place by the Public Administration in the exercise of its functions.A particular category of administrative act is the administrative measure, the final act of an administrative procedure and has authority, which consists in imposing unilateral changes to the legal position of the recipient.The essential elements of the administrative measure are: > The emanating subject: competent administrative authority; > The recipient subject: the public or private entity against which the effects of the measure

are produced; > The form: generally written form, although in some legal procedures, the inertia of the public

administration (administrative silence) has a legal meaning; > The object; the administrative act must relate to a specific object, consisting in a behaviour,

a fact, a good, a performance.

4. Types of administrative measures

They can be: > Measures of public law or real administrative measures: in cases where the law assigns to

the public administration the ruling authority; > Measures of private law, where law makes the public administration operate on equal foot-

ing with other subjects. In turn, measures of public law can be: > Bound measures: the public administration is subject to mandatory rules; > Discretionary measures: the decision is issued after the assessment of the interests in-

volved and with motivation of volition.The certifications are administrative measures that recognise factual situations.The opinions are expressed by the advisory bodies based on the issuance of the executive de-cree or the resolution of the competent school body and may be mandatory or optional; bind-ing or non-binding.

5. Subjective law and legitimate interest

With regard to public administration, legal entities can claim positions of: > Subjective law: power of a person to assert their interest recognised by law in a direct way

and, therefore, protected by recourse to ordinary courts; > Legitimate interest: expectation of the legality of administrative action, protected by re-

course to the administrative courts.


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6. Rules of administrative procedure

It is essential that the action of the public administration takes place according to certain and transparent rules that provide: > The obligation to conclude, through the adoption of an express measure; > The obligation to state reasons, in reference to the factual and legal reasons that led to the

decision; > The appointment of the person in charge of the procedure. There is an obligation to de-

termine and communicate to whom is interested the organisational unit responsible for the investigation and the name of the person in charge of the procedure;

> The right of access, in order to encourage participation and ensure impartiality and transpar-ency.

7. The faults of administrative measures

The administrative measure issued without the respect of the rules governing the procedure and the competence is vitiated and can be invalidated.An administrative measure is totally null only when such consequence is indicated by the law, basically, when one of the essential elements is missing.On the other hand the measure is invalid when there is a partial legitimacy or merit fault. In this case the addressee must claim its invalidity by carrying out the administrative remedies: “the administrative measure adopted in breach of the law or is vitiated by an abuse of power or incompe-tence shall be cancelled” (Article 21-octies, Law 15/2005).

8. Administrative appeals and judicial remedies

Normally, issued administrative measures are conclusive of a given procedure. The citizen who thinks his legitimate interests were prejudiced, can resort to: > Administrative appeals addressed the bodies of the same public administration that has

issued the administrative measure (request of objection, hierarchical appeal, extraordinary appeal to the Head of State);

> Judicial appeals before the Regional Administrative Courts (RAC) and, on appeal, the State Council.

The decision on the administrative appeal may be rejected by ruling, when the appeal is de-clared inadmissible, unacceptable or barred to proceed without the judge entering the merits of the objection raised; or, the decision is on the merits, when the appeal is upheld or rejected.

Chapter 22 The employment relationship in Public Administration

1. The employment relationship of public employment

The employment relationship is the legal relationship which originates from the employment contract, characterised, on the one hand, by the obligation of the employee to perform his working activity and, on the other hand, by the obligation of wage payment by the employer who, in the public sector, is a Public Administration.


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Following the entry into force of Decree 29/1993, the public work has been privatised, i.e. at-tributed to the regulation of the Civil Code.The basic principles of labour discipline for the employees of Public Administration are specified in the Constitution (Articles 3, 35-40, 51-52, 54, and 97-98).Legislative Decree 165/2001 (Consolidated Law of public employment) states that the em-ployment relationships in the Public Administrations are governed by contracts entered into between the representative trade unions of workers and the different administrations divided by areas of negotiation and represented by the Agency for Collective Labour Negotiations in the public administrations.

2. Collective negotiation

Collective negotiation takes place on all matters relating to employment and labour relations (Article 45, Legislative Decree 165/2001).Collective negotiations, in line with Article 40 of Legislative Decree 165/2001, leads to the ap-proval of the following documents: > the national collective agreement framework (NCAF) lays down the rules of negotiation

valid throughout the public administration, setting the sections, contractual areas, the rights and union prerogatives;

> the supplementary national collective agreement (SNCA) concerns the single Administra-tions detailing the delegated matters by the related national collective negotiation agreement;

In the school sector, the regional supplementary contract (RSC) regulates the matters ex-pressly provided for in the national collective agreement at the level of a single USR, while the integrative school agreement defines all other aspects.

3. Integrative school agreement

In school agreement, the public party is represented by the school manager, while the RSU is the body representing trade unions that, in the fields reserved to integrative bargaining, represents the personnel of the autonomous school. The RSU is accompanied by representa-tives of the local trade union organisations that signed the national agreement.In 2009, following the entry into force of Legislative Decree 150, the school management was responsible for “determining the organisation of the offices and the measures related to the management of labour relations”.Consequently, the matters subject to collective negotiation were reduced to: > Application of trade union rights and setting the contingencies in service in case of strike

to ensure the minimum services required by law 146/1990; > Implementation of the legislation on safety in the workplace;

Criteria for the allocation of the school fund and for the recognition of the personnel in the activities paid from this fund.

4. School fund (SF)

The most complex matter of bargaining is the SF, funded by the resources of the national collec-tive agreement. Its purpose is the assignment of extra compensations for the school person-nel, in order to support the process of school autonomy and, in particular, the qualification and the expansion of the training offer.


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In accordance with Article 88 of the 2007 agreement, the activities of the teachers that can be paid from the school fund are those related to the different educational, organisational, re-search and evaluation requirements, in collaboration with the school manager, also with flat-rate remuneration.Other activities that can be funded by the SF are: > Extra hours for the replacement of teachers absent for short periods; > Instrumental functions to POF conferred to teachers identified by the board; > Specific tasks attributed to ATA personnel; > Personnel working on projects in “risk areas”.

Allowance payable to the director of general and administrative services (DGAS).Financial allocations for the above activities are communicated by the Ministry to the single institution at the beginning of each school year.

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