* Posted implementing regulation
a month to send the original certification (note Tuttoscuola)
"About a year ago, the Parliament approved Law 167/2009 which requires the school staff was added to lists of other province to report on the medical certificate attesting to their status or disability of family members that gives rise to the use of special benefits, such as, for example, the reservation of seats or the choice of place of employment.
The Official Journal has now published the Regulations implementing the standard (30 July 2010 ministerial decree, No. 165), setting criteria and terms in respect of teaching staff and manager who asked Ata to reap the benefits of the law.
The school staff ranked outside the province during the period between the entry into force of Law 167 of 2009 and the publication of the implementing regulation must submit within one month of the school authority in the original medical certificate stating the condition of disability.
The same obligation, always within the maximum period of one month, also covers school managers from other provinces and placed on the role this year or in 2009-10.
The provincial education offices, on the basis of certification have made investigations to verify whether the conditions of disability and handicap, addressing a health authority except that which dealt with the source documentation.
If shown to be not whether the conditions of the USP provides disability benefits alal sospesnione regarding the appointment and start Prefect for the procedure at the loss of revenue. "
IUniScuoLa : Here are the Rules
* MINISTRY OF EDUCATION, UNIVERSITY 'OF RESEARCH AND ORDER
July 30, 2010, No. 165 (published in the Official Gazette of October 6, 2010),
Regulation laying down rules for implement the provisions of paragraphs from a 4-g 4-Ii Article 1 of Decree-Law No 134 of 2009, ratified with amendments by Law No. 167 del2009, concerning the obligations on staff school to document the requirements to take advantage of the benefits provided by law n.104 of 1992, or the law n.68 of 1999. (10G0182)
THE MINISTER OF EDUCATION, UNIVERSITY 'E DELLA RICERCA
di concerto con
IL MINISTRO DELLA SALUTE
e
IL MINISTRO DEL LAVORO E DELLE POLITICHE SOCIALI
Vista la legge 23 agosto 1988, n. 400, e successive modificazioni, recante: «Disciplina dell'attivita' di Governo e ordinamento della Presidenza del Consiglio dei Ministri» e, in particolare, l'articolo17, comma 3; Visto il decreto-legge 25 settembre 2009, n. 134, recante: «Disposizioni urgenti per garantire la continuita' del servizio scolastico ed educativo per l'anno 2009-2010», convertito, con modificazioni, dalla legge 24 novembre 2009, n. 167, e, in particolare, l'articolo 1, commi 4-octies e 4-novies, che prevedono l'obbligo per il personale della scuola che chiede l'inserimento or that it 'already' included in the ranking of a province other than that of residence, to forward medical certificate for the fruition of the benefits provided by law February 5, 1992, No 104, as amended, or the law March 12, 1999, No 68, as amended; Viewed paragraph 4-Ii of that article 1 of Decree-Law No 134, 2009, ratified with amendments by Law 24 November 2009, No 167, which includes the request for further investigations if there are justified reasons, or with standard methods, the existence of personal or family conditions that give the right to avail of the benefits provided by law February 5, 1992, No 104, as amended, or the law March 12 1999, no 68, as amended; Viewed 4-paragraph j of that Article 1 of Decree-Law No 134, 2009, ratified with amendments by Law 24 November 2009, No 167, which provides that an ad hoc regolamentoapprovato by ministerial decree in consultation with the Ministry of Health and the Ministry of Labour and Social Affairs, have taken the necessary steps for the implementation of normed referred to in those paragraphs, from 4-g 4-Ii of that decree-law; Given the Law of 7 August 1990 241, as amended on: "New rules of administrative procedure and right of access to administrative documents and particolarel'articolo 18, paragraph 2; Given the law February 5, 1992, No 104, as amended, on "Law for the assistance and social integration and rights of disabled persons' view of the legislative decree of 16 April 1994, no 297, approving the consolidated text of the laws in force in education relating to schools of all levels; Given the Law of 12 March 1999, no 68, as amended, on "Standards for the right to work of disabled people 'and, in particular, Article 1, paragraph 4, Article 3 and Article 18, paragraph 2; Given the legislative decree of 30 March 2001, No. 165, stating: "General on the organization of employment by the government ' and subsequent amendments; Given the Law of 13 November 2009, n. 172, on "Establishment of the Ministry of Health and increase the overall number of State Secretaries' view of Article 20 of Decree-Law of 1 July 2009, n. 78, with amendments, into law August 3, 2009, No 102; the Order of the President October 10, 2000, No 333, on "rule of the law March 12, 1999, No 68, laying down rules for the right to work for the disabled; the Order of the President of the Republic 28 December 2000, n. 445 on the consolidated text of the laws and regulations relating to administrative documentation; heard the opinion of the Council of State, issued by the Section Advisory regulatory actions at their meeting of May 10, 2010; Given the communication to the President of the Council of Ministers, under Article 17, paragraph 3 of Law August 23, 1988, No 400, as amended, and its go-ahead Presidenzadel of the Council of Ministers made on July 13, 2010, in consultation with the Minister of Health and the Minister of Labour and Social Policy;
A
learned the following rules:
Article 1 Definitions
1. The benefits apply for the purposes of this regulation are:
a) the right of priority in the allocation of premises and the right to choose, if possible, the home more 'close to home under, respectively, of Article 21 and Article 33, paragraph 6, of Law 104 of 1992 and subsequent
b) the right of the family worker dell'affidatario or in person with a handicap of severe 'within the meaning of, respectively, paragraphs 5 and 7, Article 33 of Law No 104 of 1992, as amended, to choose, where possible, home to the 'close to the address identified by these provisions;
c) reserves the right to place under and within the provisions of Articles 3 and 18 , paragraph 2 of Law No 68, 1999.
2. For the purposes of this Regulation:
a) condition for family, referred to in Article 1, paragraph 4-4g and-Ii, of Decree-Law of 25 September 2009, No 134, enacted into law, with amendments, article 1, paragraph 1, of the Law of 24 November 2009, n. 167, hereafter referred to as "Decree-Law," that the family of foster care or with a handicap of severe ', which are relevant to the effects of, respectively, paragraphs 5 and 7, Article 33 of Law No 104 of 1992, as amended, as well as' one of the subject recognized the great invalid by reason of war service or work;
b) the original for medical certification, referred to in Article 1, paragraph 4-g of the Decree Law means the act, the report or certification, issued to the person at the conclusion of the investigation carried out in accordance with Article 4 of Law No 104 of 1992 as amended;
c) on teaching staff, educational and ATA . To authorities' school referred to in Article 1, paragraph 4-g of the decree-law, the management offices do not general manage, such as the territorial divisions of the regional education offices, the order in which the person has applied for inclusion;
d) regard to head teachers, school competent regional office referred to in Article 1, paragraph 4-novies of Decree-law, the regional school office shall recruit permanent staff of that.
Article 2
Setting subjective application
1. The teaching staff, educational and ATA applying for inclusion on the list other than the province of residence, taking aim at state schools with a permanent contract, or fixed-term contract for supply or until the end of the annual activity 'teaching, and making use or seeking to rely, for purposes of employment itself, the benefits referred to Article 1, paragraph 1, the certification must accompany the application referred to in Article 1, paragraph 2, letter b) .
2. The staff referred to in paragraph 1 already 'inserted the date of entry into force of the Law of 24 November 2009, n. 167, conversion of the decree-law, other than the ranking of the province of residence must forward the medical certificate in original to the offices referred to in Article 1, paragraph 2, letter c), within thirty days the date of publication of this Regulation in the Official Gazette of the Italian Republic.
3. The provisions of paragraph 2 shall also apply to teaching staff, educational and ATA and 'was included in the rankings in the period between the date of entry into force of Law No 167 of 2009 and its entry into force of this Regulation and will reap the benefits.
4. Head teachers who achieve the placing on the role in the region other than the school of residence shall send the competent regional office evidence in support of the right to avail of benefits within thirty days from the date of employment in service. Head teachers who have achieved entry into the role with effect from the 2009/2010 school year, submit the medical certification within thirty days of publication of this Regulation.
5. If the original medical certification is already 'in possession of the school administration, which is held by other public administration, personnel involved has the right' to indicate the details of the document and the office where and 'trademark. The acquisition della documentazione da parte dell'autorita' scolastica o dell'ufficio scolastico regionale si applicano le disposizioni dell'articolo 18, comma 2, della legge 7 agosto 1990, n. 241, e successive modificazioni.
6. L'onere della presentazione della certificazione di cui all'articolo 1, comma 2, lettera b) e' assolto anche mediante la produzione di copia conforme. Qualora il personale interessato trasmetta la certificazione in originale, l'autorita' scolastica o l'ufficio scolastico regionale trattiene agli atti copia della medesima certificazione, autenticata ai sensi dell'articolo 18 del decreto del Presidente della Repubblica 28 dicembre 2000, n. 445, e restituisce l'originale al personale che ne abbia fatto richiesta.
7. Gli organi, offices and entities referred to in the preceding paragraphs, will process personal data in compliance with the provisions envisaged by the Decree of 30 June 2003, n. 196.
Article 3
Further investigations on the existence of conditions of disability 'and disabled
1. According to Article 1, paragraph 4-Ii of the decree-law, school boards, referred to in Article 1, paragraph 2, letters c) and d) in the presence of justified reasons require further investigation on the existence of circumstances or give families the right to avail the benefits. Such investigations are carried out by a company other than health that has examined the documents under Article 4 of Law No 104, 1992, as amended.
2. The school boards, regardless of the circumstances indicated in paragraph 1, may require investigation by a method of sampling. To this end, the offices concerned shall determine in advance the criteria for identifying individuals for whom making the request of the finding. The prior determination of the criteria and 'made, as a rule, when updating the lists and, in relation to school administrators, when determining the timing of transaction entry in the register. In the first application, the criteria of identification are determined within thirty days after the entry into force of the implementing regulation. The above criteria are published on the sites information of their administrations.
3. For the purposes of paragraphs 1 and 2, assessment of the health status of the applicant's enjoyment of the benefits and 'carried out by the competent health authority for the area where they were located in the territorial authorities' school or the school office requesting regional . If the benefits are required for the conditions of the disabled family member referred to in Article 1, paragraph 2, letter a), the school office has the further investigation of the health conditions of the same family in a company health care, territorial jurisdiction, having regard to the residence of the latter. If the family member resides in the territory of the company that issued the certificate original detection, and 'carried out by other health authority, where possible within the same region.
4. Pursuant to the provisions of Article 20 of Decree-Law of 1 July 2009, n. 78, with amendments, into law August 3, 2009, No 102, the request for verification that the conditions of disability 'and disabled people referred to in paragraph 1 and' transmitted together with the Provincial Directorate of INPS is responsible for the relevant territory health agencies identified on the basis of the criteria referred to in paragraph 3 , the benefits to the applicant and the family of these, when the conditions are to legitimize the use of family benefits.
5. The findings, contained in paragraphs 1, 2 e 3, non possono avvenire in violazione di quanto disposto dall'articolo 97, comma 2, della legge 23 dicembre 2000, n. 388, come sostituito dall'articolo 6, comma 3, del decreto-legge 10 gennaio 2006, n. 4, convertito, con modificazioni, dalla legge 9 marzo 2006, n. 80, recante misure urgenti in materia di organizzazione e funzionamento della pubblica amministrazione, e dal decreto attuativo del Ministero dell'economia e delle finanze, di concerto col Ministero della salute, del 2 agosto 2007, relativo all'individuazione delle patologie rispetto alle qualisono escluse visite di controllo sulla permanenza dello stato invalidante.
Art. 4
Insussistenza dei requisiti
1. Nel caso in cui sia comprovata la non sussistenza delle condizioni che danno diritto ad usufruire dei benefici, si applicano le disposizioni di cui all'articolo 20 del decreto-legge 1° luglio 2009, n. 78, convertito, con modificazioni, dalla legge 3 agosto 2009, n. 102. Il presente decreto, munito del sigillo dello Stato, sara' inserito nella Raccolta ufficiale degli atti normativi della Repubblica italiana. E' fatto obbligo a chiunque spetti di osservarlo e di farlo osservare.
Roma, 30 luglio 2010
Il Ministro dell'istruzione, dell'universita' e della ricerca Gelmini
Il Ministro della salute Fazio
Il Ministro del lavoro e delle politiche sociali Sacconi
Visto, il Guardasigilli: Alfano
Registrato alla Corte dei conti il 22 settembre 2010 Office for prior review of the services on the Ministries allapersona and cultural heritage, log n. 15, page no 340
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