Teacher mobility, constraint to request a transfer from a support post to a municipality remains for five years

Time constraint in the school of ownership and time constraint on support are two different things. The support-bis Decree only concerns the first

A reader writes to us

I am a support teacher who made the change of role (from middle to high school) 2 years ago. With the new support decree bis (considering the abolition of the five-year constraint for new hires) will the possibility of requesting mobility in 1 year also apply to us as support teachers, ie at the end of the third year in the school of ownership? “

The time constraints to which a teacher can be subjected can be of different types. One can relate to the place of ownership and the other to the type of post and, specifically, to support.

With the support-bis Decree a time constraint is reduced from five years to three years. Let’s see which one

Time constraint in the placement school

The five-year stay in the place of admission to the role, which affects two categories of teachers, with the Law Decree n. 73/2021 (Support Decree-bis) was modified with the reduction from five to three years.

This constraint affects the following categories:

1- I and II level secondary school teachers hired from the merit rankings of the 2018 extraordinary competition, for which article 13 paragraph 3 of Legislative Decree 59/2017 applies, as amended by Law no. 145/2018 where the following is established:

The teacher is required to remain in the aforementioned school, in the same type of place and class of competition, for at least another four years, except in the case of surplus or redundancy or the application of article 33, paragraphs 5 or 6, of law no. 104, limited to events occurring after the deadline for submitting applications for the relative competition

2- teachers hired in the school year 2020/21, whatever the procedure used for their recruitment and regardless of the order or degree of education of recruitment, as specified in paragraph 17-octies of art. 1 of Legislative Decree no. 126/2019, coordinated with the conversion law n. 159/2019 where it is established that: “Starting from the entry into the role arranged for the school year 2020/2021, teachers in any capacity recipients of permanent appointments can request the transfer, provisional assignment or use in another school or hold teaching positions at fixed term in another role or class of competition only after five school years of effective service in the educational institution of ownership, without prejudice to supervening situations of redundancy or supernumerary. The provision of this paragraph does not apply to the personnel referred to in article 33, paragraphs 3 and 6, of law no. 104, provided that the conditions set out therein occurred after the date of registration in the respective competition notices or the periodic inclusion in the rankings referred to in Article 401 of this consolidated act”.

The Law Decree n. 73/2021 (support decree-bis) provides that the five-year restriction becomes three-year, as explained in article 58, paragraph 2 – letter f):

f) in paragraph 3 of article 399 of legislative decree no. 297, the words: “five school years” are replaced by the words: “three school years” and in paragraph 3 of article 13 of the legislative decree 13 April 2017, n. 59, the words: “four years” are replaced by the words: “two years

The regulatory reference with relative modification therefore exclusively concerns the time constraint of permanence in the place of ownership, while nothing changes as regards the constraint of permanence on the support.

Five-year alley on support

The five-year constraint on support affects teachers holding this type of post, who are obliged to remain on support for 5 years starting from the school year of being placed in the role of this type of post or from the school year in which they obtain the transfer. from common place to support.

As stated, in fact, Article 23 paragraph 7 of the CCNI on mobility, “The transfer to special type places, with a differentiated teaching and support address, entails the permanence for at least five years from the date of the transfer on these types of places […]”

This constraint, therefore, can be respected even if the teacher, being able to do it, obtains transfer to another school where, having not yet exceeded the five-year period, he will remain the holder of the support

If the movement obtained is a change of role always on the support (movement that interested our reader), the time constraint begins again, as established by Article 23 paragraph 11 of the CCNI:

“[…] Teachers who obtain the transition of role to support posts are obliged to stay there for five years […]”

Conclusions

The answer to our reader’s question is therefore negative.

In fact, with the support-bis Decree no changes are made to the duration of the time limit on the support, which always remains five years.

The teacher, therefore, having obtained the change of role for two years, will have to remain on the support for another three years in order to complete the new five-year stay on the support, which starts from the school year in which he obtained the transition from Secondary I degree to Secondary II degree

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