Ongoing debates and future developments Pre-primary, primary and secondary education

The debate on school sector in 2005 focused mainly on the effects of the reform of primo

ciclo di istruzione, implemented through Legislative Decree no. 59 of 19 February 2004 on

teaching staff, in particular as far as the docente tutor is concerned. The ‘docente-tutor’ co- ordinates teaching activities, cares for relations with parents and the territory, provides guid- ance and tutoring to pupils and keeps the documentation of the educational path of each student.

Furthermore, the debate focuses on the coming into force of the decree of 17 October 2005 on the system of teachers recruitment [8.1.2.].

Tertiary education

Law of 4 November, no. 230 for the reorganisation of university teaching, has been preced- ed by a strong debate before coming into force. The main features of the law are the follow- ing:

• a new university teachers recruitment system has been introduced. It aims at guarantee- ing teaching quality at national level, in the respect of universities autonomy. It has been introduced a national qualification which is the requirement to be recruited by universi- ties according to transparent procedures of comparative assessment. This qualification replaces the competitions announced by universities, which, sometimes gave arise to extreme sectionalism and inadequate selectivity;

• it has been introduced a new profile of researchers with fixed-term contract; it is essen- tially dedicated to research activities and will allow a large-scale access of young people to the university system; it will assure the required high-level of professional training both for access to university teaching and for the requirements of the productive system, of the research institutes and, more generally, of the country;

• according to a combination of equity and merit, university researchers will eventually find a solution to their hoary problem: in fact, they have worked at the university for a long time and have not had adequate opportunities to access teaching. Facilitations are foreseen for them to obtain the qualification to become professore associato, so that all uni- versity researchers wil be able, in a few years, to become professori associati, once they have passed the strict and selective assessment to obtain the national qualification;

• all those who carry out teaching tasks are awarded the title of associated professor, ‘pro- fessore aggregato’, as acknowldgement of the importance of their tasks.

• direct appointments to professore ordinario and associato posts are now foreseen by law for foreign or Italian researchers working abroad who have obtained an equivalent academic qualification in another contry; this provision would foster the ‘brains return’;

• it will be possible to foresee temporary posts for professore straordinario, on the basis of agreements with enterprises or external bodies, at the complete charge of these latter; • research agreements with enterprises or external companies will foresee additional remu-

• full time or part time university professors pay, is correlated to the carrying out of scien- tific activities and to the engamement for other activities corresponding to a full time of not less than 350 annual teaching hours (inclusive of 120 hours of frontal teaching) and to a part time of not less than 250 teaching hours (inclusive of 80 hours of frontal teach- ing). A possible additional remuneration is assigned to full time professors within the budget availability, according to their further commitments in research, teaching and management activities and related outcomes.

• competitive examinations for permanent university researcher posts will be announced up to 30 September 2013, with a priority for the present contract lecturers, beneficiaries of research grants, those in possession of a research doctorate qualification and post-doc scholarship holders.

At the present time, it is under preparation a legilative decree for the implementation of Law 230 which regulates the procedures to obtain the national scientific qualification for univer- sity professors.

8.2.3. Specific legislative framework

Pre-primary, primary and secondary education

The juridical status of teaching personnel has its legislative source in the Consolidation Act no. 297 of April 16, 1994 and in the national collective contract for the school. The integrative col- lective bargaining takes place not only at national level, but also at provincial and school level, this latter since the 1st_{of September 2000, when school autonomy came into force.}

In application of the provisions of Legislative Decree no. 29 of 3 February 1993 and subse- quent integrations and modifications, the working relationship of teaching personnel is reg- ulated by individual contracts that can be permanent contracts (for personnel with tenure) and fixed-term contracts (for personnel without tenure).

It is of fundamental importance for its innovative value to point out that, following the reform of public employment introduced with legislative decree no. 29, 3 February 1993, hiring is no longer done through unilateral acts of the Administration (appointment) but takes on the form of a contract between the teacher and the Administration.

As a consequence, jurisdiction for the resolution of any controversies that may arise no longer belongs to the Regional Administrative Tribunal but to the Labour Magistrate. The conditions of service of teaching personnel are defined by the already mentioned Consolidation Act and the periodically renewed (3 years) labour contract .

According to granting of school autonomy and the reform of the MIUR [2.6.1.], adminis- trative provisions concerning teaching staff (and also non teaching staff ) are now responsi- bility of the schools or of the Uffici scolastici regionali; these latter can, on their turn, dele- gate the Centri Servizi Amministrativi, which are, as already explained, an peripheral sub- division of the School Regional Offices.

Tertiary education

The basic regulations that define the roles and conditions of service are contained in the 166

Presidential Decree no. 382 of 1980, which reformed teaching personnel at universities. Method of access by competition for university teaching places were defined by Law of 3 July 1998, no. 210 (see [8.2.5.]) and the relating statutory rules.

The MIUR proposes modifications to the legislation regarding the conditions of service of university teaching personnel, after consulting the National University Council (Consiglio Universitario Nazionale - C.U.N.) [2.6.1.].

For further details on ongoing reforms, see [8.2.2.].