the teacher will not be subject to the three-year restriction

There is no three-year obligation for the 104 senior teacher for assistance with a disabled parent. The CCNI on mobility provides for this

A reader writes us:

“I am a secondary school support teacher, I qualify and benefit from the precedence art 13 of the CCNI (for the assistance of the child who is the only reference of the parent with a disability); This 2020/2021 school year I was transferred to a requested school with analytical preference (specific school). However, this school is not located in the municipality of residence of the parent I assist and mine.

My question is: can I apply for mobility for the next school year or will I be stuck in this school for three years? ”

The three-year bond in the property school obtained after a voluntary transfer to a requested school with analytical preference, does not affect the teacher who benefits from precedence to assist the disabled parent with article 3 paragraph 3 of Law 104 / 92.

In which cases the three-year restriction does not apply

As the CCNI clarifies, in article 2, section 2, the teacher who participates in voluntary mobility and obtains the required travel in a school inserted as an analytical preference or, in the case of professional mobility or transfer to another type of place, in a The school of the owned municipality, following a synthetic preference in the municipality, will not be able to participate in the mobility in the following three years.

However, the teacher satisfied in a synthetic preference in a municipality other than the one of property will not have this three-year restriction

The following categories of teachers can also apply for mobility in the year following the voluntary movement:

1- teachers transferred by trade or with conditional request, even if they are satisfied with an express preference, since they have the right to return to the school of the previous property, if they are in the eight years and submit a conditional request to return each year

2- Teachers who take advantage of the precedence provided in article 13 of the CCNI, in the event that they have obtained the title in a school outside the municipality or sub-municipality where it corresponds

Conclusions

Our reader has obtained, in the current school year, the transfer to a requested school with analytical preference, located in a municipality other than the residence of the disabled parent she attends.

Based on the aforementioned regulatory provisions, it is not subject to the three-year restriction since it may submit, for the next school year, a transfer request for schools located in the municipality in which it has priority to assist the beneficiary parent of Law 104/92 (case 2 above indicated)