“Ad hoc remedial courses”

He was rejected in June because he was insufficient in three subjects, but he appealed to the TAR and won. He will now be able to attend the next class, unless he has to take tests for those subjects by November. It happened to an athlete from Salento, who plays basketball in Serie A in Trento, with L’Aquila. He is part of the youth teams, with some appearances in the first team. In fact, an athlete with professional commitments: the Serie A basketball championship involves trips, even distant ones, and a series of weekly training sessions that would have distracted the boy from his school career. He seemed to be on the line and traveling towards a promotion or at most a suspended judgment with postponement in September, but this was not the case: the rejection arrived in June. The boy, however, did not give up and decided to resort to the Tar, where he was defended by the Salento lawyer Simona Manca. And here came a victory: he will be able to attend the fifth year of his high school (he had been rejected at the end of the fourth) while waiting to carry out new tests in the three subjects for which he had been rejected.
He had not achieved a pass in physics, mathematics and philosophy. Subjects in which at the time of the end of the school year he did not reach the sufficiency. But at the TAR the lawyer Manca challenged the provision of the class council and the minutes of the year-end ballots. In the sentence, the judge of the Regional Administrative Court of Trento, Fulvio Rocco, writes that “the Class Council should have suspended its judgment and activated special didactic interventions for the recovery of the deficiencies found in the subjects characterized by insufficiencies”. The TAR, moreover, in the documents stresses several times how the boy from Salento is a “student athlete, who plays basketball at high levels for the Aquila Basket”.

Promoted with reservation

And now the school, which had decided not to appear in court, will have to proceed with the «immediate activation of a remedial course in favor of the applicant in the subjects characterized by negative marks (philosophy, mathematics and physics); and after the activation and the concrete administration of this remedial course, carrying out tests in the subjects subject to recovery for the purpose of verifying the results achieved by the applicant and formulating a new final judgment, in any case no later than the date of 15 November “.
In the meantime, however, the student will still be able to attend the fifth year, until new decisions deriving from the exams that he will probably have to take in the next few weeks. According to the court, he would have had time to recover if remedial courses had been activated and the gaps would be attributable to the commitment with his own basketball team.
A sentence that sheds light on an aspect that is still much discussed: a student athlete, according to the law, has the right to have benefits and a personalized study path, so as to never have to choose between a competitive career and a school one. On the other hand, even for athletes who decide to attend university, the concept is the same, with an ad hoc study plan and a series of facilities that allow them to carry on both school and sports. The teenager in question had decided to attend a scientific high school, despite a future as a star for Italian basketball.


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