As we have already communicated, the cd. Aid decree bis (decree-law 9 August 2022, n.115) became Law 21 September 2022, n. 142 and enters into force today, 22 September, after the publication in the Official Gazette.
The rule that mainly affects schools, and which has been much debated in recent months, concerns the “expert teacher”, who in the new formulation becomes “permanently incentivized teacher”.
The teacher permanently incentivized
Article 38 that deals with this new measure during the conversion into law has undergone some changes.
This is the official text (in bold we report the changes):
1. In article 16-ter of the legislative decree 13 April 2017, n. 59, the following changes are made:
a) in paragraph 4:
1) the second sentence is deleted;
2) the following period is added at the end: “For permanent teachers of all levels of the state school system, upon passing the three-year training course and only in the case of a positive individual evaluation, a one-off remuneration element is provided for ancillary nature, established by national collective bargaining, of not less than 10 percent and not more than 20 percent of the salary in enjoyment, within the limits of the resources available pursuant to paragraph 5 and in the manner provided for therein. “;
3) the words: “referred to in the seventh sentence” are replaced by the following: “referred to in this paragraph”;
b) after paragraph 4 the following are inserted:
“4-bis. Tenured teachers who have achieved a positive evaluation in passing three consecutive and non-overlapping training courses referred to in paragraph 1, within the limit of the quota referred to in the second sentence of this paragraph and in any case of the resources available pursuant to paragraph 5, may be permanently incentivized, as part of a career progression system which, once fully operational, will be specified in the collective bargaining referred to in paragraph 9, maturing the right to an annual ad personam allowance for an amount equal to 5,650 euros which is added to the salary for enjoyment.
Can access to the benefit referred to in the previous period, a contingent of teachers defined by the decree referred to in paragraph 5 and in any case not exceeding 8 thousand units for each of the school years 2032/2033, 2033/2034, 2034/2035 and 2035/2036. The teacher permanently incentivized is required to remain in the school for at least the three years following graduation of the this incentive.
The third period does not apply to teachers serving abroad pursuant to Legislative Decree 13 April 2017, n. 64. The criteria on the basis of which the teachers to be recognized are selected the stable incentive they are left to collective bargaining referred to in paragraph 9 and the evaluation methods are specified in the regulation provided for in the same paragraph. In the event that said regulation is not issued for the school year 2023/2024, the evaluation methods followed by the committee referred to in paragraph 4 are defined temporarily by decree of the Minister of Education to be adopted in agreement with the Minister of the Economy and of finance, also by way of derogation from article 17, paragraph 3, of law no. 400. In the first application, to immediately apply the career progression system referred to in the first periodthe following evaluation and selection criteria apply: 1) average of the score obtained in the three routes consecutive training courses for which a positive evaluation has been received; 2) in the event of equal scores, the permanence as a permanent teacher in the school where the evaluation was carried out and, subordinately, the professional experience gained during the entire career, the qualifications held become prevalent and, where necessary, the marks with which said titles were obtained. The criteria referred to in the seventh period are supplementary to those established in Annex B, annexed to this decree. For pension and social security purposes, the provisions referred to in this paragraph operate with effect on the seniority of contributions accrued starting from the effective date of the economic benefit recognized pursuant to this paragraph.
4-ter. From the school year 2036/2037 the access procedures the stable incentive are subject to the authorization regime referred to in article 39, paragraph 3-bis, of law no. 449, within the limits of staff terminations permanently incentivized and of the share of the fund referred to in paragraph 5 reserved to cover the ad personam grant to be attributed to a contingent of teachers permanently incentivized to the maximum extent of 32 thousand units. “;
c) in paragraph 5 after the words: «of an accessory nature as per paragraph 4», the following are added: «and to the economic benefit referred to in paragraph 4-bis».
Increase of the Fund for the functioning of the educational institution
In the conversion into law, after art. 39, art. 39-bis (Fund for the functioning of educational institutions).
The article in question provides that, in order to contain the epidemiological risk in relation to the start of the school year 2022/2023, the Fund for the functioning of educational institutions is increased by 32.12 million euros for the year 2022, through a corresponding reduction in the resources of the fund for the epidemiological emergency from COVID-19 for the school year 2021/2022.
These resources can be earmarked for following purposes:
a) purchase of professional training and technical assistance services for safety in the workplace and for medical, health and psychological assistance as well as laundry and waste removal and disposal services;
b) purchase of protective devices, materials for personal and environmental hygiene as well as any other material, including consumables, that can be used in relation to the prevention of SARS-CoV-2 infections.
The resources are divided among the state educational institutions, including those of the Sicilian Region, on the basis of the distribution criteria provided for in Ministerial Decree no. 834 of 15 October 2015, applied to the legal staff relating to the school year 2022/2023.