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Since the role of the support teacher in schools was established (Law 517/77 of compulsory school, L 270/82 childhood, CM 262/88 secondary level II), in accordance with the provisions of Law 104/92. , there have been not a few interpretations of his role.
In this sense, we remind you that the aforementioned law defines the following:
“Support activities are guaranteed through the assignment of specialized teachers (paragraph 3)”
“In the I and II grade secondary school, the didactic support activities are guaranteed…. (paragraph 5) “
“The support teachers assume co-ownership of the sections and classes in which they operate, participate in educational and didactic planning and in the development and verification of the activities of competence of the interclass councils, class councils and schools of teachers. The support teachers take joint ownership of the classes in which they operate (paragraph 6) “.
Who is entitled to a support teacher
Law 104/1992 establishes that:
A handicapped person is understood to be someone who presents a stabilized or progressive physical, mental or sensory deficiency, which is the cause of learning, relationship or labor insertion difficulties and which determines a process of social disadvantage or marginalization.
These students are assigned a support teacher, recognized as in “disabled status” or “severely disabled status”.
The procedure to follow is to submit a disability assessment request to the INPS, in fact it will be the competent ASL that will prepare the operational profile (including the functional diagnosis and the dynamic functional profile), in order to recognize the physical, mental or minority. stable and progressive sensory level, and therefore the difficulty of the disabled person in learning, in social relationships and in their integration.
What happens if the parents resign from the support teacher?
Italian legislation, therefore, is in defense and protection of students with disabilities, the truth is that although the support teacher is decisive as a presence in the process of inclusion and training of students with disabilities, it may happen that there are parents who refuse his presence. In fact, there is no obligation since the support teacher is a family right but not an obligation. So if the family wants their child to suspend or waive support, they can do so at any time, and the school cannot prevent it. Parents will only need to notify the school and the School Appearance Office.
The resignation of the support teacher does not mean losing the benefits of 104, in fact the disabled student will continue to enjoy his rights as the formulation of the IEP and it will be the class council that evaluates his abilities and the acquisition of the objectives. .
The waiver of the benefits of 104 is different, in this case the student with a disability will be evaluated in the same way as their peers.
We remind you that the Ministerial Ordinance of May 21, 2001, No. 90, in its article 15, paragraph 5, establishes the following:
“If a class council has the intention of adopting the aforementioned differentiated assessment, it must immediately notify the family setting a deadline for expressing formal consent, failing which the proposed assessment method is considered accepted. In case of express refusal, the student cannot be considered disabled for the sole purposes of the evaluation, which is carried out in accordance with the previous articles. 12 and 13 “.
Therefore, parents can waive a differentiated assessment of the child, but must be aware that failure to recognize the student in a disabled state can also lead to rejection.
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