Dalla scuola al tribunale – punti di vista differenti

Abstract

In the last 15 years the Administrative Court (TAR) become the most used tool to solve conflicts versus the school system. This study analyzes litigation between school and families with student with SEN, SLD and disabilities in Lombardia between 2010 and 2018.
Data were divided in two macro areas: Law 170/2010 (SEN and SLD) and Law 104/92 (disabilities) and divided according to motivation for the legal action and type of the school.
It was decided to conduct a quantitative, but also qualitative analysis to reveal the motivation which compelled families to refer to the TAR to solve their conflict against the School System.
The outcome of the research is totally different for the two laws since they differ in their content and in the population they protect. The analysis about Law 170/2010 lead to the question if the TAR is the right choice to solve the conflict since the majority of the judgmental acts did not have a positive result.
The results about Law 104/92, point out that almost all the appeals proposed are connected to an inadequate number of hours of special needs teacher. The use of the TAR seems to be a mechanism which guarantees a highly success rate, also due to its administrative and bureaucratic aspect.
What is evident is that communication between school and families should be improved on qualitative level and mediation inside the school should be taken in consideration and used before the crash of the trust in the School System. The cooperation between school and families should be corrected and ameliorated.