(Oct. 8, 2019) On September 12, 2019, Legislative Decree No. 96 of August 7, 2019, Provisions Integrating and Correcting Legislative Decree No. 66 of April 13, 2017 on the Promotion of School Inclusion for Students with Disabilities (L.D. No. 96), entered into effect in Italy.
The amendments under the new Decree add the United Nations principle of reasonable accommodation to the obligation of the state, regions, and local entities to guarantee services for the school inclusion of disabled students. In schools offering inclusive education, students with disabilities are full and accepted members of their school community who learn in the same educational setting as their non-disabled peers whenever appropriate. The requirement of the previous Decree that the disability be “certified” has been changed to state that the disability must be “ascertained,” thus lowering the threshold for potential student beneficiaries, who no longer will require a declaration of disability to enjoy the benefits of the legislation. (L.D. No. 96, art. 3(1)(a), 3(1)(b)(1) & (2).)
The request for ascertaining the disability condition of a student must be submitted to the National Social Assistance Institute, accompanied by a medical certificate issued by the respective local hospital containing a clinical diagnosis of the concerned student. The legislation added that when the ascertainment request concerns children who are in infancy or adolescence (eta’ evolutive—developmental age), the final decision on the disability is made by a medical board composed of specialists in children’s conditions and diseases, psychologists, and social workers. (Art. 4(1)(a) & (b).)
The new law also provides that the Group for Territorial Inclusion (Gruppo per l’Inclusione Territoriale, GIT) existing in each provincial territorial area or at the level of metropolitan cities is to be composed of educational staff experts on the topic of inclusion, reinforcing the GIT’s role in strengthening inclusion programs. The law also creates at each school institution a Work Group for Inclusion (Gruppo di lavoro per l’inclusione, GLI) to be composed of teachers, support staff, children’s mental health specialists, and other children’s specialists. The role of the GLIs is to design inclusion plans that consider broad participation by the school community. The law also promotes the active participation in the GLIs by the students themselves. (Art. 8(1)(a)(4),(8)–(10).)
L.D. No. 96 mandates the issuing of a government decree within 120 days listing additional measures for schools to take in implementing the new inclusion provisions, particularly regarding the training of school staff and creation of specific inclusion plans. (Art. 14(1).)