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Student Guarantee System: Law, What Works. Download the regulation template

Guaranteed body, established in accordance with Art. 5 of Presidential Order 249/98 (Regulation relating to the Law of Female Students and High School Students), as amended by Presidential Order 235/07, contains functions related to the field of discipline and is linked to the application of the School Student Act Secondary.

In particular:

  • Decide on appeals filed by anyone interested in them, against disciplinary sanctions imposed by responsible bodies;
  • Decide at the request of students or anyone interested in them about any conflicts that may arise within the school regarding the use of the law by female students and high school students.

Law
With regard to the challenge of disciplinary sanctions, the Guarantee Committee was introduced by the “Law on Female Students and Students” (additionally amended by Presidential Order No. 249/1998, Presidential Order 235/2007) (Art. 5). In particular:

  1. D.P.R. 249/98 integrated with DPR 235/07
    Art. 5 (Appeals)
    1. Anyone interested in them, within fifteen days from the notice of their imposition, up to a certain warranting committee within the school, shall be allowed against disciplinary restrictions established and governed by the rules of private educational institutions. At least one representative chosen by students in high school and parents in middle school leaves decides within ten days. The organization usually consists of a teacher appointed by the school council, a representative elected by the students in high school, a representative elected by the parents, or two representatives elected by the parents in the lower school. And is headed by the head teacher.
    2. The Guarantee Committee referred to in paragraph 2 also determines conflicts within the school regarding the use of these Terms at the request of high school students or anyone interested therein.
    3. The Director of the Regional School Office, or a Director appointed by him, shall determine the proposed complaints of high school students or anyone interested in them, against violations of these Terms by Institutions. This decision is subject to the consideration of the binding of a Regional Guarantee Committee created for the high school by two students appointed by the Regional Coordination of the Provincial Student Councils, three teachers and one parent appointed by the Regional School Community. By the Director of the Regional School Office or his representative.

The changes introduced under the previous law are aimed at guaranteeing both the “right to safety” of students, and the streamlining and speed of the practice, which must take place and be completed in light of the provisions of the August 7 Act. 1990, n. 241 (Law on Transparency).

Composition
Guaranteed body includes:

  • The editor-in-chief (or his representative), with the function of the president
  • Two representatives of the authors
  • Two representatives of the parents
  • Two student representatives.

The first two elected to the faculty component in the School Council election play the role of teacher representatives. The first two elected to the parent component in the Institutional Council elections play the role of parent representatives. The school council plays the role of the first two student representatives elected to student components in the election.
For the purpose of identifying the first two selected for each of the elements mentioned in C. 2 Indicates only the absolute number of preferential votes received from each of the selected candidates (regardless of the list they belong to and the total number of votes received by each list).
The warranty system has been in place for three years; This coincides with the three-year renewal of the Institutional Council. For student components who wish to renew their annual representation on the Institute Council, the renewal year is.
Members of the ODG who are terminated for any reason or for those who have lost eligibility requirements are then elected by the elected members as an alternative to the membership components, subject to the criteria set out in c. 3. By-elections will be held only if the lists of those entitled to it are exhausted within three years of the validity of the ODG. At the end of the third year, with the renewal of the Council of the Company, all members of the body will be attached to it, even if appointed for a period of three years.

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Incompatibility
In the event of a non-compliance of a member under appeal or scrutiny, the member shall be replaced by successive members elected for the respective representative (subject to the same criteria as in paragraph 3). If required, replacement is also done by accessing the selected members for their respective members.
Incompatible causes are identified in the following:

  • If the member of the OdG is part of a joint body that has imposed disciplinary sanction;
  • If the member of the ODG is the student recipient of the approved object of the appeal or his or her parent or guardian;
  • If the member of the ODG is a teacher, student or parent of the same class receiving the object of approval of the appeal.

Procedures and times
An appeal against a disciplinary sanction must be made by the student (if of age) or by one of the parents (minor student) or by a request to the President in writing. Of ODG 15 days after receipt of communication.
The President calls the ODG within 3 days of submitting an application; Members must be reached in writing at least 3 days prior to the notice session of the meeting; It contains indications of the place and time of the meeting and a note on the subject of the complaint to be investigated. In case of reasonable urgency, the President may call the Guarantee Board one day in advance.
The Chairman appoints a Secretary to take minutes from time to time. The minutes of each meeting are transcribed into a record with innumerable pages and signed by the chairman and secretary. This record is filed with the President and is accessible to anyone interested, in accordance with the rules and guarantees established by the Laws on Transparency and Privacy.
Each member of the Guarantee Committee is subject to the confidentiality of the reports received or what he or she is aware of as a member or collaborator of the Guarantee Committee, and may not take any initiative or use the collected material individually for the purposes of the body’s approval and / or purposes of the Guaranteed Body.

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The skills of the president
The President, in preparation for the proceedings of the meeting, personally or through a representative, receives all the elements useful to the work of the ODG for the purpose of timely consideration of the material on the agenda. References and / or supporting documents may be submitted until the day prior to the meeting of the Guarantee Committee to discuss the permit.
For a meeting of the OdG to be valid, half of the members must be plus one (each member must have at least one representative). The member should refrain from speaking and justify the absence of the ODG Chairman, perhaps in writing, before the session. No strangers can attend the meetings.

At the request of the interested party or at the initiative of the Chairman of the ODG or at the request of the majority of the members, the ODG may arrange to inquire into the person proposing the appeal or anyone interested in it.

Every member of the OdG has the right to speak and vote; The expression of the walk is clear. Voting is not planned. Actions are taken by the majority of those present; In the event of a tie, the president’s vote will prevail.

ODG evaluates the appeal and reveals itself 10 days after it is issued. Permission granted by the body can be confirmed, amended or revoked, which always gives the student the opportunity to make it an effective activity for the school, taking into account the availability of premises to carry out these activities in accordance with security measures, ‘according to the methods agreed upon between the Bureau, local departments and the class coordinator. Received.

The appellate procedure does not suspend the enforcement of disciplinary action. If the ODG does not rule within 10 days, the competing permit must be deemed confirmed. 11. The decisions taken by the ODG will be communicated to the interested parties within 5 days and communicated in writing.

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Complaints
Anyone interested may file a complaint with the Regional School Office Director against decisions made by the school’s internal guarantee committee. The complaint must be lodged within 15 days from the date of receipt of the decision to challenge or the expiration of the period for which the internal organization is to rule. The Director of the Regional School Office makes this decision after obtaining the binding opinion of the Regional Guarantee Committee set up at the Regional School Office.

Regional Guarantee Organization
The activities of the Regional Guarantee Committee, the processing and verification of reports and / or complaints submitted by high school students, or anyone interested in them, against violations of the regulations (law of female students and students) (complementary function of the warranty bodies within the institution), and then comments in this regard Providing reviews.
Then, the director of the regional school office or a manager appointed by him decides; This decision is subject to the binding opinion of the Regional Guarantee Committee.

Investigation
The Regional Guarantee Organization, after verifying the proper application of the law and regulations, will continue the investigation exclusively on the basis of documents or written memorandums prepared by the complainant or administration.
In any case, an oral hearing of the applicant or other counter-interested party will not be allowed.

Composition
The Regional Guarantee Committee, headed by the Director of the Regional School Office or his or her representative, usually consists of:

  • Two students appointed by the regional coordination of provincial student councils
  • Three teachers
  • A parent appointed to the regional school community. Based on this
    Position of parents in accordance with the independent decision of each school office
    It is recommended that the same be done within regional and forum representatives
    Regional Parent Associations (where available).

Terms of opinion
Paragraph 5 sets a time limit of 30 days before which the regional guarantee body must express its opinion. If the Guarantee Committee does not comment on or represent preliminary requirements within this timeframe, the deadline may be suspended for a maximum of 15 days and only once (Article 7 – paragraph 4, n. 241 of the Act of August 7, 1990) may be decided independently by the Director of the Regional School Office.

Rules
Each company must equip itself with a specific regulation for the functioning of the warranty board. Aristophanes State Classical and Linguistic High School in Rome, headed by Professor Raffaella Coustigeri, the invaluable head teacher of the administration of the Ministry of Education, is very valid and the element is capable of working well. Expert manager and talented editor-in-chief Vincenzo Tropona led Vicenza’s IIS Poscard to a similar interest.

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