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The Puglia tar with the third section, that of Bari, has accepted the request for suspension of the ordinance of the president of the Regional that since the end of October has ordered the closure of all schools except for those for children with one more intervention restrictive compared to the one provided by the last Dpcm. “It inconsistently interferes with the new Dpcm,” motivation.
This was announced by the Lecce Codacons who had filed an appeal with a group of parents. The decision comes at a time when the regional council is managing a new ordinance, which will take effect on Monday, November 9.
School, in Puglia since Monday 9 a new ordinance: the unions press for the reopening
by Silvia Dipinto
And it comes at the same time to a decision of the opposite sign, always of the administrative judges: the Lecce section in fact rejected a second request to suspend the order of the Puglia Region to close schools presented by some parents from Salento.
The court considered that the right to health “prevailed” over the right to study, setting the collegiate hearing on November 25, the day after the expiration of the regional ordinance. A decision annulled by the Bari tar disposition and, above all, by the new ordinance scheduled for today.
The guidance of President Michele Emiliano for the provision that will take effect as of November 9 is to delegate the choice to families, at least as regards elementary schools and sixth grade, in the follow-up of lessons in presence .
The school, Emiliano and the duty to decide: in Puglia there is no need for an ordinance that delegates to families or principals
by Domenico Castellaneta
But the Bari Tar decision will now shift the balance. In theory, after the decision of the administrative judges, all Pugliese students will have to return to class from Monday, November 9: the suspension, in fact, is not canceled by the opposite decision of the Lecce del Tar section .
For the Third Section, which suspended the closure provision, “the order of the President of the Puglia Region with which integrated teaching was organized for all schools of all levels in the region, with the exception of services for the childhood, interferes, inconsistently, with the differentiated organization of school services established by the supervening Decree of the Prime Minister of November 3, 2020 “.
The Dpcm, explains the TAR, “places Puglia among the areas of medium criticality (the so-called” orange zone “) and even for highly critical areas (the” red zones “) provides classroom teaching in primary schools”.
“We want to go to school”: in Bari the protest of students and families against the closure
But there is another issue raised by administrative judges: that of distance education. “In Puglia, many schools and many students are not sufficiently equipped for digital distance education”, it follows that the ordinance “results in a substantial interruption of educational activities and services for school users”. The plaintiffs had precisely complained about the difficulties of some families in completing distance education.
“The detected profile of the inadequacy of the Apulian school system to immediately activate dad is an urgent reason to order the precautionary measure,” the decree wrote.
