The decree n. 73/2021 has provided, for the s. 2021/22, an extraordinary procedure for placing on the role drawing from the provincial rankings for substitutes (GPS) of the first band and from the related additional lists, if there are residual places from the ordinary recruitments. Considering that tenured teachers have been able to be included in the GPS and could be included in the related additional lists, several readers ask us if they will be able to participate in extraordinary tenure entries and according to what methods.
Extraordinary procedure for admissions to the role as 2021/22
Before the eventual extraordinary procedure, the hiring in the role will take place according to the ordinary procedure, according to which the vacant and available places are destined to the GaE (50%) and to the merit rankings (50%), relating to:
- competition 2016;
- extraordinary competition 2018;
- extraordinary competition 2020 (the latter only for secondary school);
- extraordinary STEM competition (provided that the GMs are published by the deadline of October 30, 2021).
At the end of the ordinary operations, as mentioned at the beginning, if there are still vacant and available places (without prejudice to the provisions for the places intended for the bankruptcy procedures referred to in DD no. 498/2020 – kindergarten and primary school common and support places – and DD n.499/2020 – secondary school common and support posts), the aforementioned extraordinary procedure for entering the role from GPS will be activated.
The extraordinary procedure, outlined in the law decree n. 73/2021 (support decree-bis), is divided into the following phases:
- fixed-term recruitment, on the vacant posts after the aforementioned customary job hiring operations, of the temporary workers included in the first band GPS, common post and support, including the related additional lists;
- fixed-term employment of the aforementioned teachers in the province and in the competition class or classes or types of positions for which they are enrolled in the aforementioned first bracket of the provincial rankings for substitutes or in the additional lists;
- carrying out the annual initial training and trial course referred to in Article 13 of Legislative Decree 59/2017;
- disciplinary test, which is accessed by teachers assessed positively at the end of the aforementioned training and test course, pursuant to article 1, paragraph 117, of law 107/2015; the test is passed by reaching an eligibility threshold and is evaluated by a commission external to the educational institution of service;
- permanent hiring and confirmation in the role, following the positive evaluation of the annual training and test course and passing the disciplinary test, with legal effect from September 1, 2021 (or, if later, from the start date of the service) in the the same school in which the teacher concerned has served on a fixed-term basis;
- in the event of a negative evaluation of the training and test course, the same must be repeated pursuant to article 1, paragraph 119, of law 107/2015; on the other hand, in the event of failure to pass the disciplinary test, the teacher loses the procedure, so the fixed-term contract cannot be transformed into an indefinite period.
Teachers who have at least three years of service, even non-consecutive, in the last ten school years in addition to the current one, in state educational institutions within the school year 2020/2021 can participate in the procedure. Learn more
Can tenured teachers participate in the extraordinary procedure? How?
The tenured teachers, as reported when the GPS were set up, were able to insert (if in possession of the required qualification) in the first range GPS for a competition class other than that of ownership. Similarly, they can be included in the additional lists to the aforementioned first band.
Why insert yourself in the first range GPS or in the related additional lists? In order to be recipients of a temporary post, which lasts one year, in accordance with the provisions of article 36 of the 2007 CCNL, in order to be able to work in the province of residence or in any case closer to that in which one is the holder, or in the competition class to which you aspire most.
Being included in the first-tier GPS or in the additional lists to the same, will permanent teachers be able to participate in the aforementioned extraordinary recruitment procedure?
The answer should be affirmative, considering that in the decree 73/2021 it is only provided that those who can participate they are included in the first band of the provincial rankings
for substitutes… or in the appropriate additional lists … without specifying that teachers already hired cannot participate. Naturally, the teachers concerned must have completed the aforementioned three years of service requested.
How should the hiring take place?
In light of the provisions of the decree, the teachers concerned should obtain, if in a useful position, the fixed-term contract and then follow the path outlined above that would lead them to hiring and confirming their role (in the competition class for inclusion in the GPS, other than that of ownership) with legal effect from 1 September 2021 (or, if later, from the start date of the service) in the same school in which the teacher concerned has served on a fixed-term basis.
What if they fail the aforementioned disciplinary test that determines the hiring?
The support-bis decree provides that the fixed-term contract cannot be transformed into an indefinite period. Therefore, in the case of tenured teachers, they should return to performing the tenured service, as already happens in the case in which they accept a “regular” replacement, that is, that does not concern the aforementioned procedure.
From the reading of the support-bis decree what has been said above is possible, however there are several aspects that should be clarified; a provision would be needed which clearly states that the teachers concerned can participate in the procedure, how they can participate in it and what happens if they do not pass it.
We await the implementing decrees to see if the aforementioned doubts will be clarified, especially the Ministerial Decree that will govern the procedures for assigning the fixed-term assignment. We also await the conversion of the decree into law, as the other doubts could be clarified during the parliamentary process by means of specific amendments.
Law Decree n. 73 of 25 May 2021
Entries in the role and competitions 2021: who participates, who is excluded, the requirements. Support Decree bis [LO SPECIALE]
NB: the support-bis Decree, published in the Official Gazette, will now follow the parliamentary procedure for conversion into law, so it may be subject to changes.