South Tyrolean educational autonomy

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Under the South Tyrol autonomy formation a number of laws and statutes which, in the South Tyrolean education policy further autonomy rights to admit when they other provinces of Italy are granted. The background is the historical peculiarity of South Tyrol and its cultural independence, which were anchored in the constitution within the framework of the autonomy of South Tyrol .

Career

The first Statute of Autonomy from 1948

With the Paris Treaty, the so-called Gruber-De-Gasperi Agreement of September 5, 1946, South Tyrol was granted a number of basic rights: elementary and secondary school instruction in the mother tongue, equality of the two languages ​​in public offices, equality in the Admission to public office and the right to reacquire German family names. The treaty became the First Statute of Autonomy, which came into force with Constitutional Law No. 5 of February 28, 1948.

The statute was not implemented consistently and the South Tyroleans' expectations were disappointed. So there was great tension in South Tyrol at the end of the 1950s and the beginning of the 1960s. On November 17, 1957, Silvius Magnago propagated the “Lot of Trento” in front of 35,000 people at Sigmundskron Castle. In 1960 the subject of South Tyrol was discussed at the UN in New York. In June 1961 there was the infamous night of fire. In the South Tyrolean People's Party, two groups emerged with regard to the fate of South Tyrol: One wanted to enforce the right to self-determination, the other were in favor of extensive autonomy. At the SVP's party convention on November 22, 1969 in Merano, only a slim majority of the delegates around Magnago were in favor of the new autonomy.

The Second Statute of Autonomy of 1972

The second statute of autonomy granted the province of Bolzano-South Tyrol far-reaching legislative powers in countless areas. It was approved by Decree of the President of the Republic No. 670 on August 31, 1972, after years of discussion, disagreement and disputes. A distinction must be made between primary and secondary powers. In terms of primary powers, the state can regulate a large number of areas through its own laws, but must adhere to the following limits:

  • the Constitution,
  • the principles of the legal order of the state,
  • respect for international obligations,
  • national interests and
  • the basic provisions of the economic and social reforms of the republic.

In the case of secondary or competing powers, the country must adhere to the principles set out in the laws of the state in addition to the limits listed above. Articles 8 and 9 of the Statute indicate the areas in which the country has primary and secondary legislative powers. The 29 areas with primary authority include kindergartens, school welfare, school construction, professional enhancement and vocational training, and the eleven subjects with secondary authority include teaching in primary and secondary schools and apprenticeships. In the decades that followed, very intensive work was carried out on the implementation of this statute, which only contains basic provisions. Hundreds of implementing regulations, state laws and resolutions were passed. All of these laws had the effect, among other things, of building 250 schools, building libraries, universities, theaters and concert halls across the country, expanding the scholarship system and the transport of schoolchildren, setting up a separate teacher training program and comprehensively reforming all areas of education.

Areas of education with primary legislative power

kindergarten

The provincial law No. 36 of August 17, 1976 regulates the legal system of the kindergarten in South Tyrol. It defines the kindergarten as a pre-school facility for children aged three to six. Enrollment is voluntary, the visit is only partially free of charge. Parents have to pay a visit fee, the maximum amount of which is determined by the country. The management of the kindergartens falls within the competence of the municipalities, the state establishes them and pays the educational staff. Church institutions or private individuals can also run kindergartens.

According to this law, the goals of the kindergarten are upbringing - in addition to the parents -, the development of the child's personality, care and preparation for school. Integration was also a priority; the kindergarten provided special kindergartens and integrated departments as early as 1976. This Education Act of 1976 contained many important innovations: the introduction of co-determination committees, the job profiles of kindergarten teachers and kindergarten assistants, the duties of parents, the establishment of their own kindergarten inspectorate, the compulsory timetable for staff and the regulation of the administrative and financial management of the state kindergartens. Article 19 of the Statute of Autonomy already stipulates that the supervision and administration of the state kindergartens falls within the competence of the school authorities. Much of the law was changed with the 2008 reform of the lower level . This provides for the autonomy of the kindergartens, introduces new committees and declares the kindergarten to be the first level of education. With resolution no.3,990 of November 3, 2008, the state's framework guidelines for German-speaking kindergartens were also approved.

Today eight directorates manage the German kindergarten area in South Tyrol. The educational work is done by over 2,000 employees. 12,000 children attend the individual kindergartens in the country.

School welfare

State law No. 7 of August 31, 1974 regulates school welfare and thus measures to safeguard the right to education. The aims of this law: to ensure real equality of opportunity in the field of education, to remove economic and social obstacles and to enable all capable people, even if they are penniless, to achieve the highest degrees.

This important law gave all young people in South Tyrol the opportunity to complete a high school or an apprenticeship as part of vocational training and also to attend a university. To this end, it provides a whole series of measures in various areas:

  • ordinary and extraordinary study grants
  • School meals - cafeteria
  • school books
  • School transport
  • Insurance
  • Housing options, student dormitories
  • Summer care of children
  • Actions in favor of children with disabilities

On the basis of this law, several student dormitories and countless cafeterias were built, a generous scholarship system was set up for high school and university students, measures were taken in the field of school transport that are unparalleled in Europe, insurance contracts were concluded for teachers and students, so-called Book checks introduced to make it easier for parents to buy school books. Finally, summer kindergartens and summer schools were also expanded.

The law contains a number of criteria and detailed regulations for the various beneficiaries and the implementation of the individual welfare measures. These concern the competitions for student grants, the establishment of school meals by the municipalities, which are subsidized by the state to the extent of 40 percent, the criteria for school transport, the details for the insurance of teachers and pupils as well as the summer care.

School buildings

The first legal regulation in the implementation of the new responsibilities was the "four-year program for the financing of school buildings" with state law No. 21 of July 21, 1977, which provided 40 billion lire for the construction of schools and kindergartens. The state law No. 37 of October 16, 1992 on the new provisions on property in the school sector brought a new regulation. This law stipulates that the planning, construction, maintenance and establishment of kindergartens, elementary and middle schools fall within the competence of the municipalities, while those of secondary schools and vocational schools are the responsibility of the state. It also contains regulations on the use of the school building for school and extracurricular activities and for the purchase of furnishings.

Of great importance are the school building guidelines, the last version of which was approved by the Governor's Decree No. 10 of February 23, 2009 and describes in no fewer than 111 articles how schools, classrooms, schoolyards, sports facilities and didactic rooms should be designed. The schools are also given a say.

Vocational training

Even before the Statute of Autonomy, there was a pronounced vocational school system in South Tyrol, especially in the area of ​​apprenticeship training, the so-called dual system. Since Italy had no tradition in this area, the well-functioning dual training systems were adopted by Austria, Germany and Switzerland. On the basis of a state law, the state law No. 3 of October 7, 1955 regulated the training of apprentices. A distinction was made between pure vocational training, in which only those subjects are taught that are directly related to the profession, and technical vocational training, which provides for more theory and general subjects. In the first phase, the vocational training was mostly apprenticeship training, the schools were state institutions.

In 1973, by Decree of the President of the Republic, No. 689, the areas of vocational training, apprenticeship training and all related tasks and responsibilities were given to the country. All government agencies that had previously dealt with vocational training have transferred these competencies to state offices.

In 1998 the state reformed vocational education and established more full-time schools. However, this branch of education never really caught on in Italy. The technical colleges and educational establishments have largely taken over vocational training at the state level for decades. The goal of the young people and parents in Italy was and is mostly still a high school with a Matura.

Things have developed differently in South Tyrol. The vocational school system has been continuously expanded, with a strong focus on full-time training versus apprenticeship training. A good third of the graduates from German-speaking secondary schools do vocational training. In the Italian area it is just over ten percent. In addition, a third, modest training track has established itself, the home and agricultural schools, which are attended by around 1,000 students today (the numbers relate to German-speaking home economics schools).

State law no. 40 of November 12, 1992 on the organization of vocational training has set a new course for vocational training and has successfully shaped the last twenty years. The objectives of this law are to promote vocational training in line with economic and technical progress in order to strengthen the competitiveness of the business location and to facilitate the participation of employees. This law provides for a wide range of training measures and vocational preparatory and extra-occupational training offers, regulates the planning and implementation of training measures as well as enrollment, course and examination programs. It sets up a state commission and a specialist committee for vocational training, regulates internships, diploma exams and financing. A fourth year of specialization has been added to the three-year full-time schools that end with a specialist examination. For some years now, the Matura has been offered as part of vocational training.

A dozen vocational schools have been built across the country in the past twenty years, including several hotel management schools. Over 10,000 vocational school students from all language groups in South Tyrol attend a full-time or an apprenticeship course.

The apprenticeship system, which is also part of vocational training, but in which the state only has competing powers and has to comply with state laws, was re-regulated with state law No. 2 of March 20, 2006 "Regulations of Vocational Training". Since the state has recently completely redesigned this area, the state had to follow suit and, with State Law No. 12 of July 4, 2012, restructured the apprenticeship system at state level.

Institute for Music Education and Music Schools

Although this area of ​​education is not provided for in the Statute of Autonomy, the state established its own music schools all over the country 35 years ago, following Austrian tradition. There are now over forty with over 4,000 pupils, from kindergarten to high school graduation.

With State Law No. 25 of August 3, 1977, the institutes for music education of the three language groups were established: "For the purpose of promoting and disseminating song and music, which are to be understood as a means of education and cultural development" (Art. 1 The Law). The music institutes have been integrated into the education departments since September 2012.

School libraries

The public library system and the school libraries in South Tyrol also have a very high standard. The legal basis for this is the state law no. 17 of August 7, 1990 "Measures to promote school libraries".

Areas of education with secondary authority

For the implementation of the principles and priorities of the competences in the field of education with secondary authority, which include teaching in primary and secondary schools, implementing rules had to be issued. There were three basic laws that laid the foundation for an independent school policy. The DPR (Decreto del Presidente della Repubblica) No. 116/1973, the first implementing regulation in the field of education, had almost no effect at all. At that time, only the establishment of the school authorities with the Provincial Law of April 22, 1975, No. 22 was of importance. These were ceremoniously established on September 16, 1975.

The second implementing regulations for schools, the DPR No. 89 of February 10, 1983, however, completely overruled this decree and provides, among other things, the following:

  • The administration in the area of ​​kindergarten and school is carried out by the Province of Bolzano.
  • Primary and secondary schools are state schools by nature.
  • The inspection, management and teaching staff are state staff in all respects.
  • In South Tyrol, separate staffing plans are drawn up for the teaching staff.
  • The state is responsible for the establishment and closure of primary and secondary schools.
  • In primary and secondary schools, teaching the respective second language is mandatory. The teachers must have proof of bilingualism .
  • The right of parents to enroll their children in a school of the three language groups must not have any influence on the language of instruction.
  • In the event of changes to curricula and examination plans, the opinion of the National School Council must be obtained.
  • The importance of religious education in South Tyrol is particularly emphasized. Up to two hours a week can be used for this in compulsory school. A separate religious inspector is appointed.

These second implementing rules had a major impact. The area of ​​Catholic religious education and the employment of religious teachers were reorganized and separate curricula for religious education were drawn up. The establishment of the Pedagogical Institute with State Law No. 13 of June 30, 1987 was of great importance. At the end of 2010 it was converted into the area of ​​innovation and consulting and is responsible for further training, pedagogical research and school development.

A turning point came with the third implementing provisions, the Legislative Decree (GVD) No. 434 of July 24, 1996, which became known under the name “Schule zum Land”. This decree adopted most of the second implementing provisions from 1983 and brought the following fundamental innovations with it:

  • The staff remains employed by the state. Responsibilities in the area of ​​service and salary law are transferred to the state.
  • The state has to draw up its own school distribution plans for the establishment and closure of schools.
  • Changes to curricula and examination plans as well as lesson times are made by the state through its own law.
  • In the case of implementing regulations for state examinations, the state only has to hear the Ministry of Education. The state can appoint the presidents and members of the Matura commissions and has a say in determining the examination subjects.
  • The state can negotiate its own collective agreements for the management and teaching staff, but must adhere to the basic salary of the state and the social and pension regulations. In any case, the state can - with a binding opinion from the Ministry of Education - regulate both service and salary law independently.
  • The competition classes can be changed or redefined by the state in agreement with the ministry.
  • The appointment of the head of the school board is now regulated and limited to five years. It is also determined that the school authorities in South Tyrol exercise the same powers as the school authorities at state level, unless a state law decides otherwise.

Since then, all detailed areas of teaching and school have been newly regulated by their own state regulations. It often happened that the state challenged the South Tyrolean laws at the Constitutional Court and some were declared unconstitutional, such as the one about the vocational school leaving certificate and the permeability between vocational schools and secondary schools.

See also

Individual evidence

  1. ↑ Südtirol Handbuch, Ed. Südtiroler Landesregierung, Bozen, 2012, p. 26 ff.
  2. ↑ The New Statute of Autonomy, Ed. Südtiroler Landesregierung, Bozen 2009, p. 66 ff.
  3. ^ The New Statute of Autonomy, Ed. Südtiroler Landesregierung, Bozen 2009, p. 69 f.
  4. ↑ Info December 2012 and January 2013 p. 39
  5. ↑ Info December 2012 and January 2013 p. 40 f.
  6. ↑ Info December 2012 and January 2013 p. 41
  7. ↑ Info February 2013 p. 32