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The Ministry of Education has issued circular no. 26841 of September 5, 2020, which establishes the criteria for the assignment of substitutes in the 2020/2021 school year. In the specific case of the provision of substitute personnel of the ATA, the prohibition of replacing school collaborators in the first seven days of absence is reiterated, with exceptions.
Prohibition of substitution of school collaborators
The replacement circular 2020/21 specifies that “the prohibition of substitution is maintained in the cases provided for by art. 1, paragraph 332, of law 190 of 2014“, Which provides:
“Effective September 1, 2015, school principals cannot grant short-term substitutions referred to in the first sentence of paragraph 78 of article 1 of Act No. 662, a: a) personnel belonging to the professional profile of administrative assistant, except in schools whose personnel by law have fewer than three positions; b) personnel belonging to the technical assistant profile; C) staff belonging to the school employee profile, during the first seven days of absence. Replacement can be provided by attributing the excess hours mentioned in subsequent periods to on-call personnel. The excess hours for the replacement of absent classmates can also be attributed by the school principal to the school collaborator. Consequently, educational institutions allocate the Fund for the improvement of the educational offer mainly to excess hours“.
According to this law, therefore, school collaborators cannot be replaced during the first seven days of absence.
Whenever I can
The aforementioned provision was partially replaced by ministerial note no. 2216 of 09/30/2015. “The aforementioned prohibition – explained in the note – It can be overcome where the school director, under his sole responsibility, with a duly motivated determination and after having first implemented all the general organizational measures that involve the organization of the entire school institution […], reaches the certainty that: the absence of the school worker would give rise to emergencies that could not find another response capable of guaranteeing the safety of the students, as well as the assistance to students with disabilities“.
The school employee may be replaced in all those situations in which the safety of the students and the minimum operating conditions of the school service may fail, but under the sole responsibility of the school principal..
Giannelli: replacement from the first day of absence for all
Antonello Giannelli, president of the APN, spoke on the matter and sent a letter to Minister Lucia Azzolina to ask for clarification on the safe return to school. “For ATA staff – writes Giannelli – Ordinary rules continue to come into force which, for example, in the case of school collaborators -which have always been essential for the functioning of school institutions but this year is even crucial- require not to replace them in the first 7 days of absence (article 1, paragraph 332, law 190/2014)“. A rule that, according to Giannelli, contrasts with the provisions of the August decree:”The art. 32, paragraph 3, of Legislative Decree 104/2020 establishes – reflects the president of the APN – that COVID staff (both teachers and ATA) can be replaced from the first day of absence. Given the current emergency situation, it would be highly desirable that the same discipline of Legislative Decree 104/2020 could be applied to all non-COVID personnel to allow schools to quickly replace absent personnel.“.
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