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HomeItaly
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Rejected with failings in six subjects, the Tar accepts the parents' appeal and promotes it

"The rule must be promotion", write the judges in the sentence
22 agosto 2023 alle 18:51
Rejected with failings in six subjects, the Tar accepts the parents' appeal and promotes it
(Ansa)
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Insufficient grades in at least six subjects, but no failures. Or at least, no rejection for the magistrates of the Administrative Court of Lazio who with a sentence "promoted" a girl from a state institute in Tivoli, in the province of Rome, to the seventh grade. A decision arrived after a request presented by family members.

The magistrates, after the young woman had been rejected by the teachers for a series of low grades, established that the non-admission must not be an afflictive measure, but an educational one. In addition to having to be "an exception" while the rule must be promotion, in line with an orientation of the State Council for middle school.

A case that causes discussion and on which the Minister of Education Giuseppe Valditara also intervened: «I will read the sentence to ascertain whether there were procedural defects in the path that led to the rejection or if the Tar's pronouncement is the result of an undue judgment on the merits of the measure".

The story features a student of the Tivoli V State Comprehensive Institute. Her report card, at the end of the school year, recorded failings in geography, French, mathematics, science, English and music, one of which was serious. The teachers had unanimously approved the rejection, but the girl's parents presented an appeal to the administrative judges of the Capital asking for the annulment of the provision. And the judge agreed with them.

From the documents prepared by the teachers it emerges that "during the year the girl had regular attendance" at school and the behavior was "good". However, the commitment proved to be "scarce and inadequate, both in the execution of tasks and in the study".

According to the Tar, however, the professors would not have considered the student's journey from start to finish: "The student, from the first month of school until the end of the lessons, saw her knowledge increase and her grades improve". the judges write in the sentence. And the school - again according to the Administrative Court - also has its responsibilities for not having made available "assistance and support systems for recovery".

(Unioneonline/L)

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