Extraordinary competition bis, the contracted teaching staff may postpone the probationary year. And the university training course?

The extraordinary bis competition foresees several steps before reaching the access to the function, including the period of training and test and the realization of the university formative cycle. Is it possible to return them?

Application

Applications for participation in the competition were submitted before June 16, 2022.

Procedure

The extraordinary procedure in question, provided for in article 59-bis of Legislative Decree 73/2021, converted into law no. 106/2021, replaced by article 5, section 3-quinquies, of Legislative Decree no. 4/2022, converted into Law no. 25/2022, aims to cover the other places of ordinary recruitment (GaE and GM) and extraordinary recruitment (GPS first band) as 2021/22.

The procedure is divided into the following steps:

  • competition consisting of a disciplinary test (oral examination) and assessment of grades;
  • elaboration of classifications of meritsformed on the basis of the scores obtained in the disciplinary test and in the evaluation of qualifications and which includes only the winners of the competition;
  • fixed-term employment at S. 2022/23;
  • Carry out in 2022/23 a university training course with conclusive evidence;
  • Carry outduring the term of the contract of duration determined as 2022/23, of annual course of initial training and rehearsal referred to in Article 13 of Legislative Decree no. 59/2017;
  • permanent employmentafter passing the final test of the university training cycle and after the positive evaluation of the course and annual test of initial training, with legal and economic effects from 1 September 2023 or, if later, from the date of commencement of the service, in the same fixed-term work school;
  • obtaining the qualification after the confirmation of the position.

University course and probationary period

Once contracted on a fixed-term basis, therefore, during the fixed-term contract for the 2022/23 academic year, applicants carry out a university training course, which ends with a final test (which will take place before June 15, 2023). Failure to pass the final test will lead to the expiration of the procedure, so the contract cannot be transformed indefinitely. The service provided is valued as a fixed-term assignment.

During the fixed-term contract, the 2022/23 academic year, applicants also perform the annual course of initial training and rehearsal referred to in Article 13 of Legislative Decree 59/2017.

Repetition and postponement of the test year

Article 19, section 2, of Ministerial Decree no. 108/2022, has the following:

The negative evaluation of the training and test course entails the repetition of the probationary year in accordance with article 1, paragraph 119, of Law no. 107. The postponement of the training and test course for justified legal reasons entails the repetition of the probationary year as regulated in article 438 of legislative decree no. 297, and by article 1, paragraph 116, of law no. 107

Therefore, the annual training and test course:

  1. it can only be repeated once, in case of negative evaluation;
  2. it may be postponed for justified reasons.

With regard to point 2, we specify that the annual training and test course may be postponed if for justified reasons (for example it is the case of a teacher on maternity leave) the planned 180 days of service are not reached, of which at least 120 are teaching activities.

In addition, as specified in note no. 15681/2022, can also be repeated in case of impossibility to perform (again for justified reasons) one or more of the activities mandatory [laboratori formativi e attività in presenza, quali il peer to peer, il visiting (per i docenti neoassunti interessati) e la visita delle classi da parte del dirigente scolastico].

The postponement of university training?

Ministerial Decree no. 108/2022, with regard to the university training cycle, as mentioned above, establishes that in the event of not passing the final test, the procedure is exceeded (therefore, there is no possibility of repeating the test final).

On the other hand, nothing is foreseen in relation to a possible postponement of the mentioned route for justified reasons:

  • What happens, for example, if a teacher hired for the extraordinary procedure enters a period of compulsory leave (i.e., maternity leave)? Or if you enter the mentioned period during the course and you do not have to complete it or take the final test? These are situations protected by law.

The provision, considering that it only speaks of not passing the final test, leaves room for further indications or provisions on a possible postponement of the course, but it is good that the Ministry intervenes.

Passing the final test but not the test period

In addition to the above, it is necessary to clarify what happens even if you pass the final test of the university training cycle but not the training and test course, which is possible. also taking into account the timing, the final evaluation of the probationary period, in fact, is made between the end of the teaching activities (06/30) and the end of the school year, while the university training course ends on the 15th June 2023): Sshould I also repeat the college course? Just do the conclusive test of this path?

These are topics that will undoubtedly be the subject of new knowledge.

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