A private school in the Salerno province has been condemned by the Vallo della Lucania court for failing to assign a support teacher to a severely disabled student, citing a lack of “human resources.” The court ruled the school’s conduct constituted “indirect discrimination” and ordered it to immediately provide the teacher.
The ruling was issued on September 3rd, with the order to be fulfilled by the first day of school, as stipulated in the student’s individualized education plan. However, the parents have announced they will return to court as the school has yet to assign a teacher or specify the number of support hours.
The court’s order referenced a prior ruling by Italy’s Supreme Court of Cassation, which established that parochial and private schools are obligated to provide the same support services guaranteed in public schools. The costs are only partially covered by state contributions.
In August, the school informed the parents it could not provide the service due to a lack of staff. The regional education office has since requested “urgent clarifications” on the matter, warning of “grave and imminent prejudice to the minor’s educational and developmental path.” The regional guarantor for the rights of persons with disabilities has also demanded explanations.