Yesterday, after four hours of meeting, the CdM drafted a draft decree for a second wave of interventions related to the Coronavirus emergency. We anticipate what measures will affect schools.
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Reopening school (updated)
The Decree for the reopening of the schools that fall within the so-called “red areas” will be launched today. A meeting with the Civil Protection is scheduled for late morning to take stock of the situation and decide on the opening of schools. Already at 8 am this morning a technical meeting is scheduled at Palazzo Chigi.
According to rumors, the government is not inclined to a possible reopening of schools. In fact, there is talk of another 8 days of closure.
Some regions, however, are pushing for an early reopening. The president of the Piedmont Region specified: “It goes towards differentiated solutions between Lombardy, Veneto, Emilia and other regions “.
In the most affected areas, schools may remain closed, as well as universities.
Public events in the same areas would be banned for eight days while a gradual and contingent return to the life of museums, theaters, cinemas and places of culture would be allowed.
In cities such as Naples and Venice, which in these hours have provided for major sanitization of educational institutions, with the new week we return to class.
School year validity
Among the measures that will be adopted, also that of the validity of the school year. In fact, a decree has been included in the Decree of the Ministry of Education which derogates from the limit of 200 minimum days for the validity of the school year. This will concern students attending schools closed due to Coronavirus.
Teachers and school staff will not have to recover
Not contained in the Decree, but equally valid as a principle: school staff at home because schools have been closed due to the health emergency will not have to recover.
The reference legislation is art. 1256 of the Civil Code, which states:
“The obligation expires when, for a cause not attributable to the debtor (in our case an employee of the school), the performance becomes impossible. If the impossibility is only temporary, the debtor, as long as it persists, is not responsible for the delay of fulfillment. “
Closing days due to force majeure must therefore be assimilated to a service effectively and regularly provided, as the employee cannot perform his activity for external reasons, prepared by Auditors or Prefects.
This closure is to be understood as “useful” in any capacity: 180 days for the trial year, extension / confirmation of a substitute etc.
The ministry talked about trial year in one specific FAQ
“The periods of” forced “suspension of teaching activities will be considered valid for all legal purposes for the successful completion of the training and test periods.”
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