New Dpcm, teachers and Ata from red areas can go to school in other areas. There are no new Covid contracts until December 3. Note USR Lazio



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The Lazio USR provides more information for schools about the last Dpcm of November 3. How the teachers and Ata should behave. Clarifications and frequently asked questions.

Teachers and Ata from high-risk regions

Article 3, paragraph 4, letter a) of the decree provides: “3 co. 4 a) – any movement in and out of the territories is prohibited [a massimo rischio], as well as within the same territories, except movements motivated by proven labor needs […] In any case, the movements strictly necessary to ensure the realization of face-to-face teaching are allowed within the limits in which it is allowed. […]”.

Therefore, are school personnel from the red zone regions allowed to reach the schools in Lazio?

The USSR responds in the affirmative: staff can continue to go to school to do their work, when necessary. With all the more reason, according to the decree, residents in Regions that are located in the lower risk bands, for example. right now Campania.

The so-called red zones indicated by order of the Minister of Health of 4 November are: Lombardy, Piedmont, Valle d’Aosta, Calabria. Learn more

Teachers and Ata hired in Covid-19 positions

Second grade secondary schools, and even first grade schools if Lazio is to be included among the highest risk regions in the future, will not sign new “Covid-19” contracts, neither for teachers nor for ATA, until December 3, 2020. last day of validity of the decree of the President of the Council of Ministers. In case of absence, the schools of the aforementioned grades will only replace the “Covid-19” teaching staff, while it will not be necessary to replace the collaborating school personnel.

Specifically, with regard to school collaborators, the Lazio Office explains that it is “useless” to enter into new contracts since there is no need for such figures in schools, since students are in distance education. In fact, we remind you that one of the main tasks of the school worker is the supervision of the students.

Frequently asked questions

A teacher hired in accordance with article 231-bis of Decree Law No. 34 of 2020 (the so-called “COVID-19 staff”). Can I / should I replace it?
A: Yes, if it is necessary to guarantee teaching both face-to-face and in integrated digital mode. The replacement is carried out from the first day, when it is not possible to supply the personnel already in service for another reason, including the supernumerary or those committed to improving the training offer.

An additional budget will be assigned periodically for these replacements, based on the monitoring of the contracts uploaded in the NoiPA information system. The USR will immediately inform schools in the event that the general resources available for this purpose are exhausted.

A school employee hired in accordance with article 231-bis of Decree Law No. 34 of 2020. Can I / should I replace it?
If the school has integrated digital teaching activated for 100% of the activities, or in any case for a significant percentage, the need for cleaning and other auxiliary services is very low, to the point that it no longer justifies the replacement of a collaborator absent. If the didactic activities are, on the contrary, in presence, then the replacement can be carried out from the first day.

A school employee, permanent or temporary, hired by law or de facto, has been absent and my school is teaching
totally or mainly in integrated digital mode. Can I / should I replace it?
If the school has activated integrated digital teaching for a significant percentage of the activities, the need for cleaning and other ancillary services is very low.
probably to a point where replacement is not justified. In any case, the evaluation corresponds to the director or the director of general and administrative services.
If the didactic activities are, on the contrary, in presence, then they can be replaced in accordance with current legislation.

I have never used all the “places” assigned as a teacher pursuant to art. 231-bis of decree-law n. 34 of 2020. I can still proceed to sign contracts?
No, if the school is in the second cycle of training and has integrated digital teaching activated for 100% of the activities, or for a significant percentage. In these cases it is
It is preferable that students continue their teaching activities, now mostly remotely, with teachers assigned from the beginning of the year to relevant classes or groups.

Yes, in schools where the activity has been maintained, totally or mainly, in presence and provided that the teaching is organized in a number of groups greater than the classes activated in the organic, limited to the greatest needs that arise.

I have never used all the school assistant “places” assigned pursuant to art. 231-bis of decree-law n. 34 of 2020. Can I still proceed to sign the contracts?
If the school has activated integrated digital teaching for a significant percentage of its activities, the need for cleaning and other auxiliary services is very low, to the point that it no longer justifies the signing of a new contract.

If the teaching activities are, on the other hand, face-to-face, then the contract can be signed.

My school no longer carries out face-to-face teaching activities. I have to terminate the contract of the teachers / ATA hired in accordance with art. 231-bis of decree law n. 34 of 2020 (the so-called “organic COVID-19”)?
No, neither in the case of teachers nor in the case of ATAs. The legal termination of the contracts stipulated with teachers and ATA was provided for in the first version of article 231-bis¸comma 1, letter b), of Decree Law No. 34 of 2020.

During the conversion of decree law n. 104 of 2020, in force since October 14, it was established, however, that “In the event of suspension of teaching activities in the presence after the epidemiological emergency, the personnel referred to in the previous period ensures performance with agile work methods ”, Meaning the“ teaching and administrative, technical and auxiliary staff (ATA) with a fixed term from the start date of the lessons or from the start of the service to the end of the lessons ”hired in accordance with the provision in question.

The termination of the contract of the teachers / ATA hired in accordance with art. 231-bis of decree-law n. 34 of 2020. I already have to change the text of the contracts undersigned?
It is not necessary. The termination clause was provided for in the law, and ceased to be in force due to a subsequent legislative intervention that, on the other hand, explicitly provided for maintenance in service in the situation that previously gave rise to the resolution. Therefore, the clause, although it remains in the text of the contract, is in any case void.

The transition to 100% integrated digital teaching implies the dismissal of teachers hired to replace those with certified frailty and the return to class of
the latter?
No. The need for didactic continuity prevails, as more than 20 days have passed since the beginning of the lessons.

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