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Educational and psyco-pedagogical
competences and basic knowledge of the
education system
Chapter 1 Learning theories and educational psychology
1. Behaviourism
Behaviourism is a theory of learning that has been developed in psychology, especially in Amer-
ica, and it comes from the English term behaviour.
The behavioural model is based on the idea that learning occurs through stimuli received by
the subject from the environment. Once the subject receives the stimuli, he/she provides the
answers or certain behaviours. What happens in the mind and what determines the response
to a given stimulus is not the subject of the study. The focus of observation of behaviourists is
rather to try to associate a person to a response to a given stimulus in a stable manner. In this
way, the response of the subject to the stimulus is observable and can be studied scientifically.
If it is stable, it can be said that the subject has learned to respond in a certain manner to the
stimulus. Therefore, learning has occurred.
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nitive processes and can be understood by going beyond the study of simple behaviour. In
contrast to Thorndike’s behaviourism, the psychologist Wolfgang Köhler observed that - es-
pecially in mammals closest to humans from an evolutionary standpoint, such as anthropo-
morphic monkeys, they can learn in a different way, by sudden enlightenment, called insight
(intuition), which leads to the resolution of an unusual problem thanks to a global and com-
plete vision.
The psychologist Max Wertheimer returns to the concept of insight introduced by Köhler and
focuses his studies on cognitive mechanisms that allow us to solve situations that we have never
faced before or situations that have occurred in the past, but in a more immediate, brilliant and
effective way. He defines productive thinking as the mental activity that brings new knowl-
edge to the individual as opposed to reproductive thinking, which, however, “mechanically”
leads us to deal with new or previously experienced situations, applying the same traditional
solutions without considering the problem in an original way.
5. Metacognition
The meta-cognitive activity is a self-reflection activity that accompanies cognitive activity
with the purpose of making it more aware, monitoring and evaluating it in order to ensure
more effective learning. The first phase of a meta-cognitive activity consists of understand-
ing the nature of the task to be carried out. This phase leads to meta-understanding. If
understanding is an indicator for knowing what to do, the meta-understanding is an activ-
ity consisting of a conscious assessment of the level of understanding of the task. The next
step to understanding (and meta-understanding) of the task to be carried out is choosing a
strategy. When one talks about choice of strategy, one means the study of meta-memory
or the ability to learn about the memory. In particular it must be taken into account that dur-
ing the performance of a task, in the implementation a strategy, it is also necessary to use
the memory, recalling data memorised before the task or that is memorised during the task
among the various skills available.
6. Constructivism
Constructivism hypothesises a series of psychic structures that allow one to build a personal
way of interpreting reality. Each individual, through his/her personal vision of reality, can de-
code it and give it a meaning, learning, therefore, how to interact with the environment. This
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interaction takes place through a continuous exchange of information that allow the individual
to sort reality in a manner that he/she deems most functional.
There are different types of constructivism:
>> the limited realism (or critical realism), according to which there is an objective external real-
ity that can be known directly;
>> the epistemological constructivism, of which paradigm is the existence of an external real-
ity independent of the observer, which is not known by the latter, except through a process
of construction;
>> the hermeneutic constructivism. In this case, one does not believe in the existence of an
independent and objective reality, external to the individual. Knowledge is the result of the
mediation in language and interaction between different observers.
The three approaches differ on the ontological level, related to the existence of reality, and on
an epistemological level, related to the possibility of knowing reality through science.
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Vygotskij addresses the issue of language as a tool for cognitive development. Vygotskij
gives the egocentric language of a child a relevant cognitive value: in fact, it is essentially think-
ing aloud. We know that, typically, adults think through their inner language, i.e. they mentally
think about problems or actions that are taking place, without speaking aloud. The egocentric
language of the child is the manifestation of this inner language that is transformed into an
exterior language, i.e. a real spoken language that others can hear.
Language adds the following factors to the skills of the child:
>> The multiplication of stimuli;
>> The function of self-regulating.
In solving a problem or in performing a task, human beings, unlike animals, can use two types
of mental functions:
>> Lower mental functions, which are also typical of the animals and are characterised by the
merging of the perceptual/mnemonic function with the motor function;
>> Higher mental functions, which are active when symbolic systems or even language is used.
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However, this does not provide an indication of their learning skills in the short or long term.
Therefore, Vygotskij focuses on the area of proximal development, which corresponds to the
level of potential development of the child, determined by the ability to solve a problem with
the help of a more competent adult or a peer. In primary school, an education that is directed
towards making the children work in their proximal development area is needed.
As part of the cognitive development, Vygotskij distinguishes two types of concepts: scientific
and spontaneous. The former are formal concepts, often detached from the personal experi-
ence of the child, where usually, it is not possible to make spontaneous and empirical use of
them and are acquired by children at school. The spontaneous (or daily) concepts are instead
generated by everyday experience and are not organised into a coherent knowledge system;
they do not have punctual and strict relationships that connect them. They are easily attribut-
able to an empirical use.
The connection between spontaneous and scientific concepts is identified by the proximal de-
velopment area. When the level of maturation of a spontaneous concept is in the proximal
development area, then the pupil should have an activity suggested, guided by the teacher, who
can lead the concept back to an organic arrangement, towards a profound understanding and
awareness, towards a more scientific based concept.
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>> Thinking-aloud pair problem solving TAPPS. An activity that can be divided into two parts
is suggested and the first part is started before asking the students to get together in pairs. In
each pair, an explainer (who explains) and a questioner (who asks questions) must be chosen.
Then, the teacher hears the pairs to see what kind of solution they found. In the second part
of the activity, the roles in the pair are reversed.
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1. Textbooks
Annex 1 to M.D. 781/2013 presents the system that allows enjoying digital books in an educa-
tional context. The elements that make up this system are the following:
>> Textbooks and, in particular, digital textbooks;
>> Integrative Learning Content (ILC) and, in particular, Integrative Digital Content (IDC);
>> Platforms for use, in reference to software that allows using digital books and IDC;
>> Devices for use, in reference to hardware devices that allow the use of digital books and IDC.
The legislation provides for three ways to adopt the textbooks and integrative digital resources:
>> type a mixed version, i.e. printed textbook accompanied by IDC;
>> type b mixed version, i.e. printed and digital textbook accompanied by IDC;
>> type c digital version, i.e. digital textbook accompanied by IDC.
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each of which is linked to a characteristic of the person. In particular, Norton identifies the
following variables: dominant, friendly, attentive, relaxed, argumentative, dramatic, animated,
open, striking and precise. For this purpose, Norton uses a questionnaire that he calls Commu-
nicator Style Measure and identifies the three following styles:
>> the human teacher, characterised by the simultaneous presence of the “open, attentive and
friendly” attributes. It is considered a rather positive style by the students;
>> the actor teacher, characterised by the presence of the “striking, dramatic and animated”
attributes;
>> the authoritarian teacher, having the “dominant, precise and argumentative” attributes.
This style is not appreciated by students.
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>> loses self-consciousness, i.e. is no longer concerned about himself/herself and forgets his/
her own needs;
>> loses track of time;
>> feels inherently gratified by what takes place.
In the school context, the cooperative learning and peer tutoring can trigger flow experiences.
6. Co-teaching
Co-teaching is defined as the “action of two or more professionals engaged in educating a het-
erogeneous or mixed group of students, in one place.” This definition identifies four key compo-
nents that characterise co-teaching:
1. the presence of two teachers;
2. teaching of significant concepts;
3. the presence of groups of students with different educational needs;
4. a set of common teaching approaches.
There are four major areas in which the co-teaching practises can be used:
>> to provide education jointly with a heterogeneous group of students, including those with
disabilities or other special needs;
>> to provide education to a group of foreign students;
>> to provide education to a group of gifted or talented students;
>> as an alternative and experimental teaching approach for students in order to promote cus-
tomised learning.
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>> ambitious and articulated goals can be reached, which with individual efforts and a little co-
ordination would be impossible to obtain;
>> thanks to mutual comparison, the real opportunities for professional development for each
member of the group are multiplied. In other words, working in groups allows for greater
professional capital growth of organisations.
However, within a group, there can be negative phenomena such as antagonism, narcissism,
hoarding, marginalisation, lack of organisation, and the formation of subgroups, herd instinct
and free-riding.
One of the ways to convey information in an organisation is by holding assemblies or meetings.
The following types can be identified:
>> descending information meetings;
>> ascending information meetings;
>> meetings to exchange points of view.
Decision making and agreement assemblies are also important.
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According to Kolb, every person has a certain inclination towards one of the four phases of
the cycle and based on it develops a particular learning style. The student identifies four main
styles:
Accommodating active experimenta- >> ability to learn naturally through concrete experience;
tion and concrete >> predisposition to set goals, challenges and objectives;
experience >> perseverance in trying several solutions before reach-
ing the best one;
>> social skills to work with others;
>> ability to naturally adapt to new and unexpected situ-
ations;
>> ability to learn by watching others and asking for help,
if necessary.
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result of the person’s impairment in terms of his functional performance and the activities that
he/she carries out. The handicap is related to the disadvantage of the individual, experienced
as a result of his/her impairment, which caused the disability. There aspects are set out in Law
104/1992. In fact, the person with a handicap is defined as “one who has a physical, mental or
sensory impairment, stable or progressive, which leads to learning, relationship or work integration
difficulties and the outcome is a process of social disadvantage or marginalisation.”
The ICIDH classification has been replaced by another classification system developed in 2001
by WHO and called ICF. This classification takes as reference the health condition of a person
considering his level of functioning; therefore, unlike ICIDH, it is not only applicable to individu-
als with disabilities, but to any person with a certain health condition. In the ICF classification
the term handicap disappears and is replaced by the term disability, which indicates the level
of impairment of the subject, the limitations that his health condition creates in carrying out
activities and in what way it can restrict the participation of the individual in social life.
The importance of the ICF classification is that it also considers the factors determined by
the physical and social environment in which the person lives, which have an impact on the
individuals’ participation in activities in the social context In other words, they affect the func-
tion or the disability. When the environmental factors are positive, then they act as facilitators
and favour the functioning of the individual. When they are negative, they are obstacles or
barriers to the functioning and determine a disability. Therefore, we speak about the function-
ing or disability of a person based on what emerges from the level of health of the functions
and of the body structure, the level of effectiveness for carrying out the activities, the level of
participation to social life, in a specific context which influences these factors. It follows that
the ICF model does not classify the health condition of an individual, but the health condition
of an individual that is part of a context. In 2008, based on the new criteria set by the ICF,
the documents for the integration of the disabled were revised in the school context, so that
they would mirror the basic planning. These documents are the Functional Diagnosis (FD), the
Functional Dynamic Profile (FDP) and the Individualised Education Plan (IEP).
Since January 1st 2019 (Legislative Decree 66/2017) the Functioning Profile includes Functional
Diagnosis and Functional Dynamic Profile.
2. SLD
The specific learning disabilities (SLD) are developmental disorders, which affect skills in-
volved in school activities, such as reading, writing and calculating. Law 170/2010 identifies:
>> dyslexia, “specific disorder that manifests as a difficulty in learning how to read, especially
in deciphering linguistic signs, or in the correctness and fluency of reading (Article 1, par. 2)”;
>> dysgraphia, “specific writing disorder that manifests as the inability to write (Article 1, par.
3)”. Therefore, this disorder affects the writing (and not the spelling) and is connected to the
motor-executive moment of performance;
>> dysorthography, “specific writing disorder that manifests as the inability to transcode lin-
guistic processes (Article 1, par. 4)”. It is a disorder that concerns the correctness of writing
according to the rules of the linguistic code (spelling rules) and not according to the graphic
aspect of writing;
>> dyscalculia, “specific disorder that manifests as the inability to calculate and process num-
bers (Article 1, par. 5).” The Guidelines for the integration of students with disabilities in schools
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outline two components of the calculation ability that are affected by dyscalculia: the organi-
sation of numerical cognition and the executive and calculation procedures.
For pupils with SLD, Law 170/2010 demands schools to adopt a customised and individualised
teaching approach with compensatory tools and dispensatory measures. These elements
and the teaching methods implemented for the student must be explained in the Customised
Teaching Program.
3. SEN
The Directive of 27 December 2012 identifies the categories of students who have special edu-
cational needs (SEN), claiming that there is an area of educational disadvantage. Therefore, the
following categories of students with SEN have been identified, which include:
>> students with disabilities;
>> students with SLD;
>> students with other specific developmental disorders that are not SLD or students with other
disorders (non developmental and/or not specific);
>> students with socio-economic, linguistic and cultural disadvantages.
The students with disabilities are those who can access aid provided for by Law 104/1992,
including the assignment of a specialist teacher (support teacher) that supports the learning
activities of the student.
Students with specific learning disorders benefit from the provisions of Law 170/2010.
Students with other specific developmental disorders have:
>> language disorders;
>> motor abilities disorders;
>> hyperkinetic disorders;
>> mild forms of autism;
>> limited intellectual activity.
Finally, there are the students with socio-economic, linguistic and cultural disadvantag-
es or students who live in very problematic families and social environment, who have social
and economical difficulties, who are in a state of cultural deprivation or who have difficulties
due to the fact that they do not know the Italian language and they belong to a different
culture.
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In 2015, Law 107 (the so-called Good School Law or Buona Scuola) introduced a total “Reform
of the national system of education and training” to be implemented (in particular) through
a series of delegated legislative acts in approval within 18 months after the Law (16 July 2015)
came into force.
On this basis, eight legislative decrees were issued, all dated 13 April 2017:
1. Legislative Decree April 13th 2017, no. 59, “Reorganization, adaptation and simplification of
the system of initial training and access to the role of teacher in secondary school”.
2. Legislative Decree April 13th 2017, no. 60, “Rules on the promotion of humanistic culture, the
enhancement of heritage and cultural productions and on the support of the creativity (...)”.
3. Legislative Decree April 13th 2017, no. 61, “Review of pathways of vocational education in
compliance with Article 117 of the Constitution, as well as connection with the paths of voca-
tional education and training (...)”.
4. Legislative Decree April 13th 2017, no. 62, “Rules relevant to evaluation and certification of
skills in the first cycle and state exams (...)”.
5. Legislative Decree April 13th 2017, no. 63, “Effectiveness of the right to study through defini-
tion of benefits, in relation to personal services, with particular reference to hardship condi-
tions and instrumental services, as well as enhancing of the student’s card”.
6. Legislative Decree April 13th 2017, no. 64, n. 64, “Discipline of the Italian school abroad (...)”.
7. Legislative Decree April 13th 2017, no. 65, “Establishment of the integrated education and
training system from birth up to six years (...)”
8. Legislative Decree April 13th 2017, no. 66, “Rules for the promotion of the inclusion of stu-
dents with disabilities in school (...)”.
Chapter 11 The right to education and training in the Italian school system
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The Constitution (Art. 33) states the right of private individuals to set up schools and educa-
tional institutions, without charges for the State.
The educational system of education and training is divided into:
>> kindergarten;
>> first cycle of education, which includes the primary and secondary school of first degree;
>> second cycle of education supported by the parallel channel of vocational education and
training.
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4. Periodic and final evaluation. The final state exam in the first cycle of education
In secondary school (lower and upper), the school year is valid when the pupil has attended at
least three quarters of the customised annual timetable.
The class council is responsible for the periodic and final evaluation, chaired by the head
teacher or a delegate. Pupils must be assessed for each discipline and behaviour with grades
expressed in tenths. Teaching Catholic religion is evaluated using synthetic judgement.
In case of “partial or non-acquisition of learning levels in one or more disciplines”, the class
council can decide the non-admission to the next class or final exam of the first cycle (article 6
of Legislative Decree no. 62/2017).
The State exam consists of three written tests and one interview. The written tests are:
1. written test of Italian or the language in which the teaching takes place, aimed at ascertaining
the command of the same language;
2. written test concerning logical-mathematical competences;
3. written test divided into a section for each of the studied foreign languages.
The multidisciplinary interview, collegially conducted at the presence of the whole subcommit-
tee, aims at assessing not only the acquired knowledge and skills, but also the level of command
of transversal skills (ability to exposure and argumentation, problem solving, reflective and criti-
cal thinking, personal evaluation etc.: art. 8, paragraph 5, of Legislative Decree No. 62/2017).
The final evaluation of the examination (LD No. 62/2017, art. 8, par. 7) is to be expressed in
tenths, deriving from the average, rounded to the higher unit for fractions equal to or greater
than 0.5 , between the admission mark and the average of the marks for tests and interview.
The exam is considered as passed if the candidate achieves a total overall mark of at least six
tenths.
1. The equal status of “education” and “education and professional training”
The Moratti reform stated the equal status of the two pathways after the first school cycle: the
five year education by the State and the education and professional training by the Regions.
Prior to the reform the professional training courses were organised as practical technical
courses that lasted two years. A further limit consisted in the fact that it could not be used to
shift to the five years education pathway or for the purposes of participating in public contests,
ending up being a blind channel reserved for pupils who did not continue their studies after the
eighth grade.
The official legislative recognition of the two pathways meant that the so-called second chan-
nel was implemented with objectives and cultural content, so that it was named “education
and professional training” (EPT), extended to three years with the possibility to graduate in the
fourth year; it allows entering the fifth year of the second cycle and gives access to the final
State exam.
The first two years of both channels are useful to accomplish the mandatory ten years of educa-
tion.
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5. The Common European Framework of Reference for Languages and the European
Language Portfolio
The Common European Framework of Reference for Languages is the system that qualifies the
skill level achieved by those who study a European language.
Developed by the Council of Europe between 1989 and 1996, it distinguishes three groups of
competence, mentioned below starting with the highest level:
>> Level C - “Mastery”;
>> Level B - “Autonomy”;
>> Level A - “Basic”.
Each group is divided in turn in two levels, for a total of six levels.
The European Language Portfolio is the document that accompanies those who study a lan-
guage in their learning path throughout their life. It consists in three different sections: the
Language passport, the Linguistic biography and the Dossier.
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10. The reform of the state exam in the Legislative Decree n. 62/2017
Starting from school year 2018/19, the Legislative Decree 62/2017 applies. The conditions for
admission to the State exam are the following (art. 13, par.2):
a) attendance for at least three quarters of the personalized annual number of hours;
b) participation in the INVALSI tests during the last year of the course;
c) carrying out school-work alternation activities in the second two-year period and in the last
year;
d) mark not lower than six tenths in each discipline or group of disciplines, evaluated with the
assignment of a single mark;
e) a behavioural mark not lower than six tenths.
In case of mark lower than six tenths in a discipline or in a group of disciplines, the class council
can decide, with adequate motivation, the admission to the exam.
The final state exam of the second cycle consists of two written tests followed by an interview
(the third test is then abolished).
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The overall final mark remains in hundredths, as a result of the sum of the awarded points:
- maximum 20 points for the evaluation of each written test and interview (maximum 20 points
x 3 tests = 60);
- maximum 40 points of school credit,
The minimum mark to pass the exam is 60/100.
Chapter 14 Regulations of vocational schools, technical schools, and high schools
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The D.L. April 13th 2017, no. 61 reforms the vocational education as outlined by the PD n.
87/2010. The entry into force of new rules concerns the future training classes: art. 11 of LD no.
61 expressly provides that the professional education paths are redefined starting from the first
operating classes in the s.y. 2018/2019. The art. 3 of the decree identifies eleven fields of study
of the paths of vocational education:
1) Services for agriculture, rural development and forestry
2) Commercial fishing and fish production
3) Crafts for Made in Italy
4) Maintenance and technical support
5) Water management and environmental bio-remediation
6) Commercial services
7) Food and wine and hotel hospitality
8) Cultural and entertainment services
9) Health and social care services
10) Auxiliary arts of health professions: dental technician
11) Auxiliary arts of health professions: optician.
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Chapter 15 European Union and the subsidiarity to the education systems of the
member countries
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The Treaty on European Union was signed in Maastricht (Netherlands) on 7 February 1992.
Its historic result was to set in motion the political integration process among the European
states. The choice of the name “Union” indicated a willingness to give the Member States pros-
pects of action beyond the economic aspect, toward fields where national competencies had
been so far thoroughly guarded: those of the foreign policy, defence, and social policies.
The European citizenship was established: whoever is a national citizen of a Member State is,
therefore, a citizen of the Union. On 1 January 1995, with the entry of Austria, Finland and Swe-
den, the Union reached fifteen states.
The next goal was the adoption of the single currency, following the completion of the Euro-
pean Common Market. For joining the monetary union, it was required to comply with the four
criteria, called the “Maastricht criteria”. The introduction of the Euro took place on 1 January
2002. Today the single currency is adopted by 19 of the 28 Member States.
Meanwhile, the countries that were freed from the “iron curtain” became candidates to the
EU, as well as two small Mediterranean countries (Cyprus and Malta). The enlargement of the
Union to the east and south raised economic and institutional problems:
economic problems: low-development areas were involved, which would require massive inter-
ventions for depressed areas;
institutional problems: the institutions of the Community needed to be reformed since they had
been created fifty years before when the Member States were only six.
The accession to the EU by Eastern and South European countries saw the following steps:
>> in 2004: Poland, the Czech Republic, Slovakia, Slovenia, Hungary, Estonia, Latvia, Lithuania,
Cyprus and Malta;
>> in 2007: Bulgaria and Romania;
>> in 2013: Croatia.
Today, there are 28 EU Member States.
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The principle of subsidiarity: in the fields that do not fall within its exclusive competence, the
Union shall act only if and to the extent that the objectives of the proposed action cannot be
sufficiently achieved by the Member States and can, therefore, be better achieved at Union
level. In other words, the criterion that decisions are taken as close as possible to the citizens
was determined. The subsidiarity principle was incorporated in the Italian Constitution with the
constitutional reform of 2001.
The principle of proportionality reiterates that the content and form of the Union’s action
shall be limited to what is necessary to achieve the objectives of the Treaties.
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The Court of Auditors is the controlling body of EU finances. Its role is to improve the financial
management of the EU and to report on the use of public funds.
The European Central Bank is responsible for implementing the monetary policy of those
countries adopting the Euro.
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>> the autonomy of educational institutions is a guarantee of academic freedom and cultural
pluralism, and is embodied in the planning and implementation of measures for education
and training aimed at developing the person;
>> these interventions are appropriate to the different contexts, the demand of the families and
the characteristics of the pupils, in order to ensure their educational success.
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>> identify the personnel to be assigned with three-year tasks in the autonomy personnel roles;
>> give annually to deserving teachers, based on the criteria identified by the Evaluation Board,
the financial reward (bonus) coming from the appropriate Ministerial reserves.
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concerning civil and social rights that must be guaranteed throughout the national territory” it must
also check that all citizens concretely benefit from these basic levels of performance.
Educational institutions are responsible for the rights of the students, primarily for their edu-
cational success, as part of the Specifications received and allocated resources, developing the
TYPS and collaborating with the Central Administration in verifying the efficiency of the system.
INVALSI is the research institute that performs the evaluation of the education system
based on the specific ministerial directives, operating as a body of the national evaluation sys-
tem established by Presidential Decree 80/2013.
The evaluation of the learning levels of the students from each school is performed by testing,
at national level, the knowledge and skills acquired at specific times during the training: the sec-
ond and fifth grade of primary school, third grade of lower secondary school, second and fifth
grade of upper secondary school.
The tests include the Italian language and mathematics, to be assessed in line with the learn-
ing objectives defined by the National Guidelines.
Moreover, English language is added in the fifth class of the primary, in the third class of second-
ary of the first degree and in the fifth class of second degree secondary school, (LD 62/2017).
Together with INDIRE and the MIUR inspection team, INVALSI represents the National Evalu-
ation System (SNV) for education and training.
INVALSI also ensures Italy’s participation in international surveys, enabling a closer connec-
tion between their results and the results of national surveys.
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40 Avvertenze Generali Sintesi di fine capitolo in Lingua inglese
>> planning and implementation of initiatives to support students with disabilities or with learn-
ing difficulties, the integration of foreign students, the follow up of pupils with learning dif-
ficulties.
It makes proposals to the school manager, taking into account the criteria approved by the
School board, for the following aspects:
>> formation and composition of classes;
>> assignment of teachers to each class;
>> preparation of the timetable.
It is an electoral board when it elects two teachers in the Evaluation council and when it ap-
points the teachers responsible for the instrumental functions to TYPS.
The activity of the Board of teachers intersects with that of the School board, which is distin-
guished by a different general competence.
A significant paradigm of cooperation between the two bodies is the construction of the
TYPS, developed by the Board of teachers and approved by the School board. The recent Law
107/2015 has assigned to the school manager the task to provide the Board in advance with the
“specialisations for the school’s activities and the management and administration choices”.
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>> an external member chosen by the Regional School Office among the teachers, school man-
agers and technical managers.
In its full composition the Council has the function of determining the criteria for the en-
hancement of teachers. The school manager takes into account those criteria at the end of
the year when he must identify the teachers deserving to receive the bonus from the appro-
priate ministerial fund. When the Council expresses its opinion on the passing of the training
and testing period for the teaching and educational personnel, it meets in a technical and
evaluative composition, consisting in the presence of the school manager, who chairs the
meeting, the three teachers of the school, and it is integrated by the teacher who is given the
role of tutor.
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The school manager is responsible for the promotion in school of the constitutionally pro-
tected rights (Article 25, Legislative Decree 165/2001).
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>> in order to ensure reception and supervision of pupils, the teachers are required to be in class
5 minutes before the classes start and to assist the students out at the end.
Teachers’ activities not related to teaching are planned in the annual program of activities,
suggested by the school manager and directly connected to the TYPS.
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Chapter 19 The State regulation. The Ministry of Education, University and Rese-
arch
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Educational and psyco-pedagogical competences and basic knowledge of the education system 45
The new Senate will be composed of ninety-five senators representing the local institutions and
five senators appointed by the President of the Republic.
The following exposition refers to the constitutional regulations provided by the Constitution
in force, pending the approval and entry into force of the constitutional reform (Bill C. 2613-D).
5. The Ministry of Education, University and Research and its territorial branches
The Ministries are thirteen: one of them is the Ministry of Education, University and Research.
The central level of the Ministry of Education is organised in three Departments:
>> The Department for the education and training system;
>> The Department for higher education and research;
>> The Department for programming and management of human, financial and instrumental
resources.
In each Regional capital there is a Regional School Office (RSO). Their total number is eighteen,
as they are present in all Regions, with the exception of Valle d’Aosta and Trentino-Alto Adige.
The main task of the RSOs is the allocation of human and financial resources to the single au-
tonomous schools, based on quotas determined by the Ministry.
Usually, the RSOs include:
>> provincial branches (before school autonomy, these were called Education authorities);
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>> sub-provincial branches, intended to be the place of teachers named in function with the
new rules: such areas (of forthcoming establishment) have been established by law 107/2015.
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4. Legislative power of the State and Regions in the education system
Among the matters subject to the exclusive legislative power of the State, Article 117, par. 2,
point n) mentions the general education standards.
Among the matters with concurrent legislative power, Article 117, par. 3, states that “Education,
except the autonomy of educational institutions, and except the vocational education and training”
(which is a matter of exclusive legislation of the Regions).
Annually, the Regions deliberate the programming plan of the training offer and the dimension-
ing of the school network.
They can also delegate to Provinces and Municipalities specific skills or parts thereof, imple-
menting the principle of subsidiarity.
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>> provide the buildings, furnishings and every organisational tool necessary for the operation
of the secondary schools;
>> organize the school transport network.
After the reform of 2014 (Law 56), the Provincial Councils are no longer directly elected. The
draft Constitutional reform, currently in approval, provides for the abolition of the Provinces.
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Another fundamental principle is set out in Legislative Decree 165/2001 (Consolidated Law of
public employment) of which Article 4 assigns to the government bodies the functions of
political-administrative nature, as well as the verification of the compliance of the operat-
ing results with the directions issued while executives adopt the acts and administrative
measures, as well as the financial, technical and administrative management (separation be-
tween politics and management).
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Following the entry into force of Decree 29/1993, the public work has been privatised, i.e. at-
tributed to the regulation of the Civil Code.
The basic principles of labour discipline for the employees of Public Administration are specified
in the Constitution (Articles 3, 35-40, 51-52, 54, and 97-98).
Legislative Decree 165/2001 (Consolidated Law of public employment) states that the em-
ployment relationships in the Public Administrations are governed by contracts entered into
between the representative trade unions of workers and the different administrations divided
by areas of negotiation and represented by the Agency for Collective Labour Negotiations in
the public administrations.
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In accordance with Article 88 of the 2007 agreement, the activities of the teachers that can
be paid from the school fund are those related to the different educational, organisational, re-
search and evaluation requirements, in collaboration with the school manager, also with flat-
rate remuneration.
Other activities that can be funded by the SF are:
>> Extra hours for the replacement of teachers absent for short periods;
>> Instrumental functions to POF conferred to teachers identified by the board;
>> Specific tasks attributed to ATA personnel;
>> Personnel working on projects in “risk areas”.
Allowance payable to the director of general and administrative services (DGAS).
Financial allocations for the above activities are communicated by the Ministry to the single
institution at the beginning of each school year.
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