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National Observatory on the Condition of Persons with Disabilities

 

Law 104/92

Law 104 / 92


Law No. 142, of 5 February 1992 (“Framework Law on the assistance, social inclusion and rights of persons with disabilities”)

 

Published in the Official Journal No. 39 of 17 February 1992 (Text in force following the latest amendments introduced by Law No. 53 of 8 March 2000 and Legislative Decree No. 151 of 26 March 2001)

  1. Purpose

 

  1. The Republic shall:

 

  1. ensure full respect for human dignity and the rights of freedom and individual autonomy of persons with disabilities thus fostering full inclusion in the family, the educational system, the labour market and the society;
  2. prevent and eliminate any invalidating conditions that impede the development of the human person, the achievement of individual autonomy to its fullest expression and the participation of people with disabilities in the community as well as the full realization of all civil, political and property rights;
  3. foster active and social recovery of people with physical, mental and sensory impairments and provide services for the prevention, treatment and rehabilitation of such impairments as well as legal and economic support for the disabled people;
  4. outline actions to eliminate social discrimination and exclusion of persons with disabilities.

 

 

  1. General Principles

 

  1. This Law sets out the basic principles of rules on social inclusion, care and rights of people with disabilities. Furthermore, it constitutes economic and social reform of the Republic in compliance with Article 4 of the Special Statute of the Trentino-Alto Adige Region, approved by Constitutional Law No. 5 of 26 February 1948.

 

  1. Recipients
  2. A person with disabilities may be defined as any person who has a permanent or progressive physical, mental or sensory impairment that hinders the person's learning ability, social relationships or inclusion in the labour market and that may lead to social disadvantage or exclusion.
    1. Persons with disabilities are entitled to receive benefits in relation to the nature and severity of disability, the individual residual functional capacity and the effectiveness of rehabilitation treatments.
    2. Where the individual’s personal autonomy, in relation to his or her age, is reduced by one or more impairments and therefore permanent, continuous and comprehensive individual and social support is needed, the person is in a condition of gravity. Public services and programs shall give priority to people with disabilities in a condition of gravity.
    3. This Law shall also apply to foreign citizens and stateless persons who permanently live and reside in Italy. The services provided are subject to the limits and conditions laid down by existing legislation and international agreements.

 

  1. Assessment of disability

Local Health Authorities shall conduct evaluations to assess impairments and problems, to verify the need for permanent care and measure the individual residual functional capacity referred to in Article 3. Such assessments shall be carried out by the medical boards described in Article 1 of Law No. 295 of 15 October 1990, composed of one social worker and one expert in the type of disability involved, employed by the Local Health Units.

 

  1. General principles of the rights of persons with disabilities

 

  1. In order to eliminate impairment causes and promote individual autonomy and social inclusion, the following targets have been set:
    1. fostering scientific, genetic, biomedical, psycho-pedagogical, social and technologic research through targeted programs agreed with public and private institutions, and, in particular, with universities, the National Research Council (CNR) and social and health care services. When involved, the disabled people and their family shall be considered active and conscious subjects of the research;
    2. providing prevention, early and prenatal therapy and diagnosis of impairments as well as systematic individuation of their causes;
    3. ensuring the quick provision of care and rehabilitation services in order to guarantee the individual’s recovery to the extent permitted by the available scientific knowledge and techniques and to ensure full integration of people with disabilities in the family and the community as well as their inclusion and participation in society;
    4. providing the family of the disabled person with social and health information to facilitate the understanding of the situation, considering the potential recovery and the possible inclusion of persons with disabilities in society;
    5. outlining and implementing social and health actions in collaboration with the family, the community and the disabled, to boost their potential capacities;
    6. ensuring primary and secondary prevention in all phases of growth and development of children and minors to prevent or rapidly identify the onset of disabilities or to reduce and eliminate the damages of the existing disabilities;
    7. decentralizing preventive services and initiatives as well as support and recovery services for disabled people, by ensuring cooperation and integration with local services, in accordance with the programme agreements referred to in Article 27 of Law No. 142 of 8 June 1990;
    8. providing persons with disabilities and their families with appropriate psychological and psycho-pedagogical support, care services for the individual or the family and technical aids; economic support is also provided, only to the extent, and for such a period, as strictly necessary to achieve the purposes listed in this Article;
    9. promoting, in cooperation with organizations and associations, permanent initiatives to inform and involve the community, to promote prevention and the treatment of disabilities, and to foster rehabilitation and inclusion of disabled people in society;
    10. ensuring the right to choose the most adequate services, including services provided outside the territorial area;
    11. promoting the elimination of any form of discrimination and social exclusion, also by implementing the services referred to in this Law.

 

 

  1. Prevention and early diagnosis
  2. Actions for prevention and prenatal and early diagnosis of disabilities are implemented in the context of the healthcare planning provided for in Article 53 and 55 of Law No. 833 of 23 December 1978 and subsequent amendments.
    2. In accordance with the powers and responsibilities referred to in Law No. 142 of June 1990 and Law No. 833 of 23 December 1978 as amended and within six months after the entry into force of this Law, Regions shall set forth the rules governing:
  1. health information and education on the causes and consequences of disabilities as well as on prevention care on the prenatal period, during pregnancy and childbirth, on the neonatal period and during the different stages of life, including information on the services performing these functions;
  2. the conduct of childbirth, considering, in particular, the respect for the natural rhythms and needs of the woman in labour and the child;
  3. the identification and elimination, in everyday life and at work, of risky situations which may lead to congenital malformations and impairing diseases;
  4. genetic counselling and prenatal and early diagnosis services for the prevention of genetic diseases that may provoke physical, mental, sensory disabilities and motor neuron injuries;
  5. regular check-ups during pregnancy to identify and treat pathologies, which may complicate the pregnancy and prevent their consequences;
  6. intensive care services during pregnancy, childbirth and high-risk birth;
  7. medical check-ups, during the neonatal period, to facilitate the early diagnosis of malformations and compulsory medical monitoring for the identification and early treatment of congenital hypothyroidism, phenylketonuria and cystic fibrosis. Medical monitoring procedures and their application shall be regulated by the guidelines issued in compliance with Article 5, paragraph 1, Law No. 833 of 23 December 1978. These procedures may identify further endocrine disorders and metabolic congenital errors whose monitoring shall be applied to all new-borns;
  8. permanent preventive actions to protect children since birth, in cooperation with nursery, kindergarten and primary schools workers and in order to determine the absence or the offset of diseases and impairing causes. Such actions also include medical check-ups on the eighth and thirtieth day after the birth of the baby, within the sixth and ninth month of life and every two years after the first year of life of the child. To this end, the patient shall be provided with a Personal Health Record, whose characteristics shall be consistent with Article 27 of Law No. 833 of 23 December 1978. The Personal Health Record shall contain data concerning the results of the said medical check-ups as well as any further health details useful to determine the health condition of the child;
  9. information, educational, inclusive and monitoring actions to eliminate environmental risks and prevent injuries in everyday life or at work, and, in particular, domestic injuries.
  10. The Government shall promote prevention measures aimed at preventing any type of disability, with particular focus on rubella vaccination.

 

  1. Treatment and rehabilitation
  2. The treatment and rehabilitation of persons with disabilities are carried out through integrated health and social plans aimed at boosting the abilities of the disabled. These actions shall concern all aspects of disabilities, and involve the family and the community. For this purpose, the National Health Service, through the services provided by NHS units or by the institutions practicing in agreement with the NHS, shall ensure to provide:
    a) actions for the treatment and early rehabilitation of disabled people, as well as specific rehabilitation and outpatient services, provided at home or in the residential day centres for socio-rehabilitation and educational support referred to in Article 8, paragraph 1, subparagraph I);
    b) the supply and repair of devices, equipment, prostheses, and technical aids necessary for the treatment of disabilities.
    2. Regions shall provide correct and complete information on the services and aids provided locally, in Italy and abroad.

 

  1. Social integration and inclusion
  2. Social integration and inclusion of disabled people shall be achieved through:
  3. a) socio-psycho-pedagogical actions, in-home social and health care, domestic aid and economic support in accordance with existing regulations, in support of the disabled and their families;
    b) personal care services for disabled people with temporary or permanent severe limitation of individual autonomy,
    c) actions aimed at ensuring access to public and private buildings and at eliminating or addressing physical and environmental obstacles which hinder the free movement of the disabled in public spaces or in places accessible to the public;
    d) measures for the full realization of the rights to information and education of the persons with disabilities, with special regard to the supply of learning and technical equipment as well as to learning plans, specialized languages, assessment tests and employment of qualified staff, including teaching and not teaching staff;
    e) the adjustment of equipment and the updating of the staff employed in educational, sports, leisure and social services;
    f) measures to promote full integration in the labour market, for individuals or associations, and to foster employment protection, also by means of diversified incentives;
    g) measures to ensure access to public and private means of transport and establishment of dedicated transportation services;
    h) custody or integration in foster families;
    i) the establishment and funding of residential communities for disabled people, of care homes and similar residential services, located in residential areas, in order to promote deinstitutionalisation and guarantee a decent lifestyle to people with disabilities, including those who are temporarily living without their natural or foster family;
    l) the institution or adjustment of social, rehabilitation and educational day care centres, providing educational activities, aimed at fostering social participation and inclusion for people with temporary or permanent disabilities who completed their studies and whose residual functional capacities do not allow them to work. The standards of social and rehabilitation centres shall be defined by the Minister of Health, in agreement with the Minister of Social Affairs and in consultation with the Permanent Conference for the relations between the State, Regions and Autonomous provinces of Trento and Bolzano referred to in Article 12 of Law No. 400 of 23 August 1988;
    m) organization of activities outside school to integrate and extend the educational process, in continuity and in consistency with school programs.

 

  1. Personal care services

 

  1. Personal care services shall be provided by municipalities or local health authorities to the extent of their available resources. Such services aim at supporting citizens in temporary or permanent condition of severe limitation of their individual autonomy, which cannot be overcome through technical or IT devices, prostheses or further types of aids designed to improve the independence of the individual and promote full inclusion of citizens in the community. The services also include the interpreting services for the deaf.
    2. The individual care service operates together with other local health and social care services and may coordinate its work with:
    a) those applicants who obtained the status of conscientious objector, in accordance with the existing legislation;
    b) citizens over 18 years old who apply for voluntary work;
    c) voluntary organisations.
    3. The workers referred to in subparagraph a), b), c) of paragraph 2 shall receive specific training.
  2. The rules set out in Article 2, paragraph 2 also apply to the workers referred to in subparagraph b) of paragraph 2 of Law No. 266 of 11 August 1991.

 

  1. Measures for people with disabilities in condition of gravity
  2. Municipalities – working in partnership or in cooperation with the Provinces – municipal associations, mountain communities and local health units, within the framework of their competences in social services provided for in Law 8 June 1990, No.142 and to the extent of their available resources, may build accommodation facilities and social, rehabilitation centres for people with disabilities in conditions of gravity. Such initiatives shall nonetheless ensure the right to school and social integration in accordance with the provisions laid down in this Law and with the priorities listed in Law No. 184 of 4 May 1983.
    1-bis. The authorities and institutions referred to in paragraph 1 can organize services for the protection and the promotion of social inclusion of the individuals referred to in this Article, who have no family support (1).
    2. The facilities mentioned in subparagraph l) and the activities referred to in subparagraph m) of paragraph 1, Article 8 shall be managed in agreement with the working group for educational integration referred to in Article 15 and with school authorities.
    3. The authorities and institutions referred to in paragraph 1 may contribute to the institution and funding of community-housing facilities and social, rehabilitation centres for disabled persons in severe conditions, by making use of targeted funds and after the Region has delivered an opinion on the initiative’s consistency with regional programs. Such centres shall be sponsored by organizations, associations, foundations, public care and charitable institutions (Istituzioni pubbliche di assistenza e beneficienza - IPAB), social cooperatives and voluntary organizations enrolled in the regional registers.
    4. The actions referred to in paragraphs 1 and 3 of this Article may be implemented also through the agreements listed in Article 38.
    5. The topographical location, organization system and operational rules of accommodation facilities and social rehabilitation centres shall always promote full inclusion of their guests in society, including by means of initiatives that involve public and voluntary services.
    6. The approval of construction projects submitted by public or private companies concerning real estates to be allocated to accommodation facilities or social, rehabilitation centres as referred to in paragraphs 1 and 3 – with twenty years constraint on use of the property for the purposes under this law – constitutes a variation of the General Development Plan. This rule applies to properties located in restricted areas or with different specific destination, without prejudice to the rules set out in Law No. 1497 of 29 June 1939 as amended, and Legislative Decree No. 312 of 27 June 1985, converted, with amendments, by Law 8 August 1985, No. 431. In case the property is used for purposes different to those referred to in this law before the twentieth year, the original urban area destination will be restored.
    (1) paragraph added by the first article of Law 21 May 1998, No. 162

 

  1. Medical treatment abroad
  2. In case the individual is granted with the exemptions referred to in Article 7 of Legislative Decree 3 November 1989 issued by the Ministry of Health and published in the Official Journal No. 273, 22 November 1989 and whether the high specialization centre located abroad does not provide hospitalization for the whole duration of the authorized treatment, the stay of the disabled person and his or her carer in hotels or in structures associated to the centre shall be considered as hospitalization period. The involved subjects shall therefore be entitled to reimbursement to the extent covered by the exemption.
  3. The Central Commission of the Ministry of Health referred to in Article 8 of the Decree of the

Ministry of Health of 3 November 1989, published in the Official Journal no. 273 of 22 November

1989 shall deliver an opinion on reimbursements for stays connected to the treatments authorized by the Regions. Such opinions shall follow the provisions set forth in Article 5, paragraph 1 of Law No. 833 of 23 December 1978, which also defines the procedures concerning advanced payments to families.

 

 

  1. Right to Education
  2. Access to nursery for children with disabilities aged 0-3 is guaranteed.
  3. Right to education for people with disabilities as well as access to nursery, mainstream classrooms of schools of all levels and grades and university education is guaranteed.
  4. School inclusion aims at ensuring the development by persons with disabilities of their learning, communication, relational and social potential.
  5. Disability-related problems or learning problems shall not limit the right to education
  6. The classification of a student as disabled and the acquisition of documents concerning the functional diagnosis are followed by the elaboration of a dynamic-functional profile. Such profile is necessary to outline a personal education plan, drawn up by operators of local health units in cooperation with the parents of the disabled person and, for each level of education, by qualified teaching staff assisted by a teacher specialized in psycho-pedagogical treatment, chosen in accordance with the criteria established by the Department of Education. The profile shall indicate the physical, mental, social and affective characteristics of the pupil and underline both learning difficulties caused by the disability and the pupil’s chances of recovery. The profile shall also identify the skills of the pupil in order to support, stimulate, progressively increase and develop such capacities, in accordance with the cultural choices of the disabled person.
  7. After identifying the dynamic-functional profile, the impact of implemented actions and the influence of school environment shall be evaluated by carrying out assessments in cooperation with workers of local health units, school authorities and families.
  8. Local health authorities shall perform the tasks referred to in paragraph 5 and 6 in compliance with the guidelines set out in Article 5, paragraph 1, Law No. 833 of 23 December 1978.
  9. The dynamic- functional profile shall be updated at the end of kindergarten, primary school, lower secondary school and during upper secondary school.
  10. Education and access to schooling shall be guaranteed to disabled children subject to compulsory education who are temporarily not in school for health-related problems. For this purpose, the Director of Education, in concert with local health units and public or private recovery and rehabilitation centres practicing in agreement with the Ministry of Health, Labour and Social Security, shall institute mainstream courses for hospitalized children as detached sections of state school. Hospitalised children with no disabilities who cannot be in school for more than thirty days can also access these classes. The attendance of these courses, certified by school authorities through a written report concerning the learning activities carried out by the teachers employed in the clinic, shall be deemed equal to the attendance of mainstream courses.
  11. The objectives referred to in this Article may be also pursued by employing, in hospitals, clinics and paediatric departments, staff with specific psycho-pedagogical training and previous working experience in hospitals as well as workers who undertake one-year training period under the supervision of experienced personnel.

 

 

  1. School integration

 

  1. School inclusion of persons with disabilities in mainstream courses and classrooms of schools of all types and levels, without prejudice to the provisions set out in Law No. 360 of 11 May 1976 and Law No. 517 of 4 August 1977 as amended, shall be also achieved:
  2. a) by providing social services in coordination with health, social care, cultural, recreational, sports and other local services managed by public or private entities. To this end, local authorities, educational institutions and local health authorities, each within its respective competence, stipulate the programme agreements provided for in Article 27 of Law No. 142 of 8 June 1990. The guidelines for the stipulation of such agreements shall be defined within three months from the date of entry into force of this Law, by a decree of the Minister of Education, in consultation with the Ministers of Social Affairs and Health. Programme agreements aim at outlining, implementing and monitoring individualized educational, rehabilitation and socialization projects as well as integrating school activities and after-school activities. Programme agreements also provide the requirements that public and private entities shall satisfy to participate in the coordinated cooperation activities;
  3. b) by providing technical equipment and learning support devices to schools and universities as well as supplying any further type of assistive technology. Individual aids and adequate facilities shall be also available in order to ensure the full realization of the right to education, including by means of agreements with centres specialized in the provision of services for pedagogical counselling and in the production and adaptation of specialized teaching material;
  4. c) through university specific programmes tailored to the needs of the individual and focused on the specific goals of the individualized education plan.
  5. d) by providing deaf interpreting services in universities to facilitate the attendance and learning of deaf students. The procedures for the appointment of professional interpreters shall be outlined in a Decree issued by the Minister of Universities and Scientific and Technologic Research not later than three months after the entry into force of this Law.
  6. e) by applying the experimental innovations, based on the provisions of the Decree of the President of the Republic No.419/1974, May 31, to the courses attended by students with disabilities.
  7. For the purposes specified in paragraph 1, local authorities and local health units are also entitled to adapt the organization and operational standards of nursery schools to the needs of children with disabilities, in order to promote early recovery, socialization and integration. For the same purpose, qualified teaching staff as well as qualified operators and carers shall be recruited.
  8. In schools of all types and levels, support activities for disabled students shall be guaranteed by the employment of specifically trained teachers, without prejudice to the obligation for local authorities to provide support services in favour of the autonomy and individual communication of students with sensory or physical impairments, as per Presidential Decree July 24 1977, No. 616, as amended.
  9. The number of special needs teachers for upper secondary education schools shall be established in relation to the number of teachers employed at the time of entry into force of the present Law. Such ratio shall be nonetheless equal to the ratio established for other levels of education and determined upon the extent of the allocated funds specified in article 42, paragraph 6, subparagraph h).
  10. Lower and upper secondary education shall provide support-learning activities. Priority shall be given to the experimental activities referred to in paragraph 1, subparagraph e), which will be carried out by qualified special needs teachers and will focus on the learning subjects selected on the basis of the dynamic-functional profile and the individualized educational plan.
  11. Special needs teachers shall assume the status of “co-chair” of the courses in which they operate. They also contribute to the elaboration of the educational and learning plan and participate in the planning and assessment of the activities under the competences of inter-class meetings, class meetings and teachers meetings. (1-bis).

6-bis. University students shall be provided with  specific technical and learning support, implemented also by means of the agreements provided for in subparagraph b) of paragraph 1. Universities shall also supply students with specialized tutoring services to the extent of their available resources and funds allocated to cover the costs referred to in this paragraph as well as in paragraph 5 and 5-bis of article 16. (1-ter.)

(1 bis) See also the Ministerial Decree of 9 July, 1992.

(1 ter) New paragraph added by Law No. 17, 28 January 1999.

 

  1. Implementation of Inclusion Measures
  2. The Ministry for Education shall provide teaching staff with continuous training and updating to improve teacher’s awareness of school integration for disabled students, in accordance with Article 26 of Presidential Decree 23 August 1988, No. 399 and in compliance with the rules set out by the Ministry for Higher Education and Scientific and Technological Research as referred to in article 4, Law 9 May 1989, No. 168. The Ministry for Education shall also:
  3. a) provide regular educational consultancy tailored to students with disabilities, from the first class of lower secondary school;
  4. b) organize educational and learning activities according to the criterion of flexibility, especially when establishing sections and classrooms, including open classrooms, and taking into account the individualized educational plan;
  5. c) ensure educational continuity along the different grades of school by establishing mandatory forms of consultation between teachers of primary and secondary education. The Ministry of Education shall also ensure the development of disabled students’ educational experience, to the fullest extent possible, in schools of all types and levels by allowing the students to complete compulsory education, including after reaching the age of 18. For the benefit of the pupil, upon decision of the teaching body, after consulting the experts referred to in article 4, paragraph 2, subparagraph l) of Presidential Decree May 31 1974, No. 416. and upon proposal of class and inter-class councils, students with disabilities may repeat the same class for three years.
  6. As pursuant to article 4 of Law No. 341 of 19 November 1990 and to the extent of the available resources provided for in the existing legislations, academic specialization courses in secondary education teaching shall include optional courses on school integration of disabled students. Such elective courses shall be selected in accordance with article 4, subparagraph 3, of the abovementioned Law No. 341 of 1990. The specialization degree obtained in line with the provisions of the said article 4 shall indicate whether the teacher successfully passed special needs teaching courses examinations, in which case, the teacher qualifies to provide special needs teaching services.
  7. Degree programmes defined under Article 3, subparagraph 3, of the abovementioned Law No.341 of 1990 shall include elective courses on school integration of persons with disabilities, to the extent of the funds allocated by existing legislations. Individuals with a degree in nursery and primary school teaching provided for in Article 3, paragraph 2 of the abovementioned Law No.341 of 1990 are admitted to competitions for the recruitment of special needs teachers only if the candidates passed examinations, which are mandatory to qualify as special needs teachers, concerning special needs teaching courses, included in the said degree programmes defined under Article 3, subparagraph 3, of the abovementioned Law No.341 of 1990.
  8. Elective courses listed in the study programs of specialization schools referred to in subparagraph 2 as well as in the degree courses referred to in subparagraph 3 may be also provided by qualified organizations or institutions operating in agreement with the universities, which define examinations procedures and verify their implementation. Lecturers of specialization courses shall have both a degree and a postgraduate specialization degree.
  9. With regard to specialisation schools, the provisions set out in Presidential Decree No. 147 of 31 May 1974, as amended, in Presidential Decree No. 970 of 31 October 1975 and in Article 65 of Law No. 270 of 20 May 1982 apply until the first application of Article 9 of the aforementioned Law No.341 of 1990.
  10. Teachers who are not in possession of the said specialisation degree may carry out special needs activities only when specialised teachers, both permanent and substitute teachers, are not available.
  11. The programme agreements referred to in Article 13, paragraph 1, subparagraph a) may provide updating courses for school staff, for local health units’ workers and for the personnel of those local authorities that promote educational and rehabilitation activities.

 

  1. Working groups for the promotion of school inclusion
  2. One working group is established in each Provincial Office for Education. Such working groups are composed of: one technical supervisor appointed by the Director of Education; one expert in Education as set out in article 14, paragraph 10 of Law No.270 of 2 May 1982, as amended; two experts appointed by local authorities, two experts from local health units, three experts chosen by the most relevant local associations of persons with disabilities and appointed by the Director of Education following the criteria set out by the Ministry of Education and within ninety days after the entry into force of the present legislation. The mandate of the working groups lasts for a period of three years.
  3. Local Education Departments as well as lower and upper secondary schools shall institute study groups and working groups composed of teachers, service workers, students and their families. The groups shall participate in the educational and integration activities provided for in the educational plan.
  4. The working groups referred to in paragraph 1 provide counselling and submit proposals to the Director of Education and to school bodies. In addition, they cooperate with local authorities and local health units to stipulate and assess programme agreements as per Article 13, 39 and 40, which are aimed at outlining and implementing individualized educational plans, and to carry out any further activity promoting the integration of students with learning difficulties.
  5. Working groups shall submit an annual report to the Ministry of Education and to the President of the Regional Council, who may use the report to assess the implementation of programme agreements in accordance with article 13,39 and 40 (2).

(2) See also the Ministerial Decree of 26 June 1992.

 

 

  1. Evaluation of learning performance and exams
  2. Teachers who assess the performance of students with disabilities shall specify the subjects for which specific teaching criteria were used on the basis of the individualized educational plan. In addition, teachers shall indicate which extra-curricular activities and support learning activities were carried out, including activities that partially replace the contents of some courses.
  3. During compulsory education, students shall undertake examinations, based on the provisions set out in paragraph 1, concerning the courses that they have attended. The examinations shall assess students’ learning progress in relation to their potential and their initial level of education.
  4. In upper secondary schools, students with disabilities may sit for tests as equivalent to the tests of all other students. They may also be allowed longer time constraints for written or graphic tests as well as be provided with the support of assistants to guarantee students’ autonomy and ability to communicate.
  5. Students with disabilities who take examinations aimed at assessing their educational achievement or sit for other types of tests, including university tests, can make use of the necessary support tools.
  6. During university examinations, disabled students are allowed to use the individualized support measures for the disabled provided for in paragraph 3 and 4, upon agreement with the lecturer and with the assistance of tutors as per Article 13, paragraph 6 –bis. The use of specific technical devices is also allowed, depending on the type of disability. Students may also take tests as equivalent to the tests of all other students, upon proposal of the specialized tutoring service. (2-bis)

5-bis. Universities shall issue provisions by which they specify the terms to appoint a representative of the dean from the teaching staff, who shall be responsible for the coordination, monitoring and promotion of all initiatives concerning academic integration of disabled persons. (2 ter).

(2 bis) paragraph as amended by Law January 28 1999, No. 17

(2 bis) new paragraph added by Law No. 17, 28 January 1999.

 

 

  1. Vocational training
  2. Regions ensure the access of people with disabilities to mainstream public and private vocational training courses according to the provisions of article 3, paragraph 1, subparagraph l) and m) and article 8, paragraph 1, subparagraph g) and h) of Law No. 845 of 21 December 1978. Regions shall also allow disabled trainees who are not able to follow mainstream learning methods to obtain certifications by attending specific activities organized by the vocational training centre. These activities shall focus on the vocational interests identified by the individualized educational plan and developed during the educational process. To this end, Regions provide subsidies and the necessary equipment to vocational centres.
  3. Vocational training courses shall take into account the different abilities and needs of disabled persons who, consequently, shall attend either mainstream courses or specific courses or pre-employment training.
  4. Vocational training centres shall organize courses for persons with disabilities who cannot attend mainstream courses. Persons with disabilities may attend vocational courses in those rehabilitation centres that provide occupational therapy and employment training. Vocational courses may also be organized by the organizations referred to in article 5 of the abovementioned Law No. 845 of 1978 as well as by voluntary associations and by authorized bodies in compliance with existing laws. Regions shall adapt to the provisions of this paragraph long-term and annual plans for the implementation of the vocational training activities referred to in article 5 of Law No.845 of 1978. The adjustment shall take place within six months from the entry into force of the present Law.
  5. At the end of the courses referred to in paragraph 2, attendants will be issued with a certificate of attendance to access the ranking list of compulsory employment in the local economic and production system.
  6. Without prejudice to the provisions in favour of disabled persons set out in the aforementioned Law No. 845 of 1978, part of the common fund referred to in article 8, Law No.281 of 16 May1970, shall be used to promote experimental training and placement activities such as traineeships, training contracts, local actions promoting supported-employment and pre-employment training courses. The initiatives shall be carried out in line with the criteria and procedures set out by the Decree of the Ministry of Labour and Social Care within six months after the entry into force of the current regulation.

 

  1. Inclusion in the labour market
  2. Not later than six months after the entry into force of this Law, Regions shall outline the procedures for the institution and management of a regional register of local authorities, institutions, co-operatives, including social, service and workers cooperatives, supported-employment centres and voluntary associations and organizations, which promote activities to foster full integration and inclusion of persons with disabilities in the labour market.
  3. The requirements to enrol in the regional register referred to in paragraph 1, in addition to those established by regional Laws, are:
  4. a) having the status of independent legal entity under public or private law or the status of association, satisfying the requirements referred to in Chapter II of Title II of the Civil Code;
  5. b) ensuring the supply of adequate and efficient services and the recruitment of specialized staff.
  6. Regions shall define the procedures for the review and biennial updating of the register referred to in paragraph 1.
  7. Relations between municipalities, municipal associations, associations of municipalities and provinces, mountain communities, local health units and the organizations referred to in paragraph 1 shall be ruled by agreements in line with the scheme approved by the Minister of Labour and Social Security, in consultation with the Minister of Health and the Minister for social Affairs, issued within one hundred twenty days from the date of entry into force of this Law (3).
  1. Enrolment in the register referred to in paragraph 1 is a necessary condition to access the agreements referred to in Article 38.
  2. Regions may issue their own laws to regulate:
  3. the allocation, to the disabled person, of subsidies to travel to work or start and manage self-employment activities;
  4. the allocation, to employers, of incentives, benefits and subsidies aimed at adapting the workplace and recruiting people with disabilities.

(3) The Ministerial Decree of 30 November 1994 (Official Journal No. 293, 16 December 1994) approved the agreement-scheme provided for in this Article.

 

  1. Eligible recipients of compulsory employment placement
  2. Until the application of the new regulations on mandatory employment placement, the provisions set out in Law No. 482 of 2 April 1968 and subsequent amendments apply to individuals with mental impairments who may be able to work and carry out tasks adequate to their level of disability. For placement purposes, it is necessary to assess the relational and employment capacity of the disabled person, and not just mental and physical impairments. The authorities referred to in Article 4 of this Law shall assess the employment capacity of the individual, in consultation with one expert in neurology, psychology or psychiatry, as set out in the abovementioned Article.

 

  1. Public competitive exams and professional examinations
  2. Individuals with disabilities shall take competitive exams and professional examinations with the necessary assistive devices and shall be allowed longer time constraints based on the type of disability.
  3. The candidates shall specify in their applications the need for a specific assistive device depending on their disability and for longer time constraints.

 

  1. Priority in the assignment of work location
  2. The disabled person, with a level of disability higher than the two-thirds or with impairments listed in category 1, 2 and 3 of Chart A, annexed to Law No. 648 of 10 August 1950, who is recruited in public bodies as a successful candidate of a competition or on another basis, is given priority in the choice of the available workplaces.
  3. With regard to transfer requests, priority shall be given to the individuals referred to in paragraph 1.

 

  1. Pre-employment Assessment in public and private sector.
  2. The Doctor’s certificate of good health is not required for recruitment in the public and private sector.

 

  1. Elimination of barriers to access sports, tourist and leisure facilities
  2. The participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities shall be promoted and encouraged. The Minister of Health establishes by Decree issued within one year from the entry into force of this Law the guidelines for releasing certificate of fitness for competitive sports to persons with disabilities.
  3. Regions and municipalities, municipal associations and the Italian National Olympic Committee (CONI) shall ensure the accessibility and use of sporting facilities and related services, each for the facilities of its competences, to persons with disabilities, in compliance with the current provisions concerning the elimination of architectural barriers.
  4. State concessions for beach resorts and their renewal are subject to effective accessibility for disabled people to the facilities, in accordance with Decree No. 236. of 14 June 1989 issued by the Minister of Infrastructures and with Law No. 13 9 January 1989, as well as to the effective accessibility to the seaside for people with disabilities.
  5. State concessions for motorways and their renewal are subject to effective accessibility to the facilities for people with disabilities, in accordance with the aforementioned Decree No. 236 of 14 June 1989 issued by the Minister of Infrastructures.
  6. Discrimination against people with disabilities in all places and activities referred to in article 5, paragraph 1 of Law No. 217 of 17 May 1983 or in further public places will be subject to an administrative sanction between ITL 1 million and up to 10 million and to a temporary suspension of business activity from one to six months.

 

  1. Elimination or addressing of architectural barriers.

 

  1. All public facilities and private facilities open to public that may hinder accessibility and mobility referred to in Law No.13 of 9 January 1989 and subsequent amendments, shall be built according to Law No. 118 of 30 March 1971 as amended, to the rules approved by Presidential Decree No. 384 of 27 of April 1978, to the abovementioned Law No.13 of 1989 as amended and to the aforementioned Decree No. 236 of 14 June 1989 issued by the Minister for Public Works.
  2. With regard to all public facilities and private facilities open to public subject to the provisions of Law No. 1089 of 1 June 1939 as amended and Law No. 1947 of 29 June 1939 as amended, as well as to the terms provided for in special Laws with the same purpose; whether competent authorities shall not issue the necessary authorizations and, consequently, the permits under Article 4 and 5 of the said Law No. 13 of 1989 cannot be granted, compliance with the existing rules on accessibility and elimination of physical barriers may be ensured by building temporary structures defined under Article 7 of Presidential Decree No. 164 of 7 January 1956, to the extent consistent with the same provisions.
  3. Projects for building the public facilities and private facilities open to public referred to in paragraph 1, defined under article 15, paragraph 3 and article 26, paragraph 2, of Law No. 47 of 28 February 1985 as amended, shall be submitted to municipalities together with graphic documentation and a declaration of compliance with the existing rules on accessibility and elimination of architectural barriers, as per paragraph 2 of this Article.

 

  1. The release of building authorisations or concessions for the facilities referred to in paragraph 1 shall be subject to a verification of compliance, conducted by municipal technical officers or by one expert appointed by municipal authorities. Before issuing the certificate of use and occupancy for the facilities referred to in paragraph 1, the mayor shall verify the compliance of such facilities with the existing rules on elimination of physical barriers. To this end, the mayor may require the owner of the estate or the holder of the building concession to provide a sworn valuation issued by a qualified expert.
  2. With regard to public facilities, without prejudice to prohibition of financing provided for in article 32, paragraph 20 of Law No. 41 of 28 February 1986 and to the mandatory declaration submitted by the design architect, the verification of compliance with existing rules on elimination of physical barriers shall be carried out by the competent administrative office, which acknowledges it at the time of approval of the project.
  3. Requests for modifying the intended use of public facilities or private facilities open to public shall be submitted together with the declaration referred to in paragraph 3. The release of the certificate of use and occupancy is subject to the technical verification of the conformity of the said declaration to the condition of the property.
  4. All public facilities and private facilities open to public which do not comply with existing legislation on accessibility and elimination of architectural barriers and which, therefore, are not accessible to disabled people shall be declared unsafe and unfit for habitation. The design architect, the director of works, the expert responsible for the verification of accessibility and habitability and the building tester shall be deemed responsible to the extent of their respective competences and may be liable to pay a sanction between ITL 10 and 50 million as well as to suspension from their respective professional bodies for a period from one to six months.
  5. The Residential Building Committee (CER) referred to in article 3 of Law No. 457 of 5 August 1978, without prejudice to prohibition of financing according to article 32, paragraph 20, of the said Law No. 41 of 1986, establishes that part of the resources for urban development and maintenance works shall be used to eliminate physical barriers in public residential facilities built before the entry into force of the existing regulation.
  6. The plans referred to in Article 32, paragraph 21, of Law no. 41 of 1986 shall be amended with additions relating to the accessibility of urban areas, with particular focus on the identification and building of accessible routes, the installation of audible traffic lights for the blind and the removal of road signals that may hinder the mobility of the disabled.
  7. At least 2% of the overall amount of the annual funds distributed by the Deposit and Loan Bank (Cassa Depositi e Prestiti) to local authorities for the contractions of investment loans shall be used for building renovation and recovery interventions in compliance with the rules set out by the Regulation approved by Presidential Decree No. 384 of 27 April 27 1978.
  8. Municipalities shall adjust municipal building regulations to the provisions set out in article 27 of the said Law No.118 of 1971; to article 2 of the abovementioned regulation approved by Presidential Decree No. 384 of 27 April 1978, to the mentioned Law No. 13 of 1989 as amended and to the mentioned Decree No. 236, of 14 June 1989 issued by the Minister for Public Works, within one-hundred eighty days from the entry into force of the present Law. After this deadline, the rules of the municipal building regulations that do not comply with the terms under this Article cease to be effective.

 

 

  1. Access to Information and Communication
  2. The Minister for Posts and Telecommunications contributes to the implementation of projects outlined by radio-television and telephone authorities aimed at facilitating access to radio-television information and to telephone services, including by installing decoders and assistive devices and by adapting telephone boxes.
  3. At the time of renewals or modifications of the agreements for radio-television and telephone service concessions, the Government shall promote initiatives to ensure access for people with sensory disabilities to information, cultural and entertainment shows and to guarantee effective distribution of decoders.

 

 

  1. Mobility and Public Transport

 

  1. Regions shall set forth the rules governing the procedures adopted by municipalities to enable people with disabilities to move freely by using specifically adjusted public transportation services or alternative transport services, on an equal basis with other citizens.
  2. Municipalities shall provide, to the extent of their available resources, individual means of transports for people with disabilities who cannot use public transportation.
  3. Not later than six months after the entry into force of this regulation, the regions shall issue, in the framework of regional transportation plans and urban infrastructure renovation plans, mobility plans for the disabled, which will be implemented by programme agreements, according to article 27 of Law No. 142 of 8 June 1990. These agreements shall provide alternative services for the areas with no public transportation services available. Until the full implementation of the agreements, Regions and local authorities shall guarantee the provision of existing services. Regional mobility plans for the disabled shall operate in coordination with municipal transport plans.
  4. At least 1% of the authorized loans contracted by the Italian State Railway Company (Ferrovie dello Stato) shall be used to remove physical barriers from the Company’s infrastructures and vehicles, by means of tender specifications defined according to Article 20 of the Regulation approved by Presidential Decree No. 384 of 27 April 1978.
  5. Within one year from the entry into force of this Law, the Ministry of Transport shall approve at least one prototype of urban and suburban bus and one prototype of taxis and railway car, in accordance with the purposes of this Law.
  6. On the basis of regional planning and after testing the functionality of the selected prototypes referred to in paragraph 5, the Minister of Transport shall issue tender specifications containing the instructions to adapt road means of transport to the purposes of this Law, in correspondence with their replacement.

 

 

  1. Individual transport

 

  1. Local Health Authorities shall pay 20% of the costs, charged to State budget, for the adaptation of vehicles, recognised as prosthetic tools not included in prostheses price lists, to individuals with permanent physical impairments in possession of special driving license of category A, B and C.
  2. In paragraph 1, Article 1 of Law No. 97 of 9 April 1986, the words “F license holders” are deleted and the following words shall be added after the words “motor skills”: “produced in series,”.
  3. In paragraph 2 of Article 1 of the said Law No. 97 of 1986 the following Article is inserted:

“2-bis. The reduction in the rate of value added tax referred to in paragraph 1, shall cease to apply in case the disabled person fails to obtain a special driving license of class A, B or C within one year from the purchase of the vehicle. The disabled person shall pay the difference between the amount of value added tax paid and the tax on the rate in force for the purchased vehicle.”

  1. The technical committee referred to in article 81, paragraph 9 of the Consolidated Law on road traffic regulation, approved by Presidential Decree No. 939 of 15 June 1959, as replaced by article 4, paragraph 1, Law No. 111 of 18 March 1988 shall also include two representatives of associations of people with disabilities. The representatives shall be appointed by the Minister of Transport, under suggestion of the Committee referred to in article 41 of this Law.
  2. Local health units submit the applications of the individuals referred to in paragraph 1 to a special fund, established in the Ministry of Health, designed to provide contributions within the expenditure limits laid down in Article 42.

 

  1. Aids for disabled drivers

 

  1. Municipalities shall ensure special reserved parking for people with disabilities in municipal parking lots or in parking lots managed by concessionaires and in parking lots built and managed by private companies.
  2. The disabled parking card referred to in Article 6 of the Regulation approved by Decree of the President of the Republic No. 384 of 27 April 1978, must be clearly displayed on the windscreen of the vehicle. The card is valid for the parking lots referred to in paragraph 1.

 

  1. Right to vote

 

  1. On the occasion of an election, municipalities shall provide public transport services to help voters with disabilities access voting facilities.
  2. In order to facilitate voting procedures, local health units shall ensure an adequate number of doctors authorized to issue accompanying certificates and the medical certificates referred to in article 1 of Law No. 5 of 15 January 1991.
  3. Voters with disabilities who cannot vote alone may be accompanied into the voting booth by a person of their choice. Any individual accompanying the individual with disabilities must be registered to vote. Electors may escort only one disabled person. The president of the polling station shall take note of the service provided by the elector on his or her voting card.

 

  1. Regions encourage the participation of any citizens interested to take part in the meetings for the elaboration of programs aimed at promoting and safeguarding the rights of people with disabilities.

 

  1. Accommodation
  2. In Article 3, paragraph 1 of Law No. 457 of 5 August 1978 as amended, the following subparagraph is inserted:

“r –bis) a reserve of funds shall be established to issue capital grants to municipalities, public housing authorities (Istituti autonomi case popolari) – however denominated or modified – companies, cooperatives or associations of cooperatives. The grants aim at promoting the institution or adjustment of social housing suitable to the needs of disabled recipients or buyers or to assignee families receiving state aids whose members include persons with disabilities in situations of gravity or with reduced or impaired motor skills. (4)

  1. The grants referred to in subparagraph r-bis) of paragraph 1, Article 3, Law No. 457 of 5 August 1978, introduced by paragraph 1 of this Article, will be issued by the Executive Committee of the Residential Building Committee (Comitato per l’edilizia residenziale – CER) to municipalities, public housing authorities (Istituti autonomi case popolari), business companies, cooperatives and associations of cooperatives selected by the Regions on the basis of assignments and purchases, by means of preliminary agreements for the sale of accommodations built with public funds and recipient of State aid. (5)
  2. The grants referred to in paragraph 2 may be issued – in the manner outlined in the same paragraph – to state organizations, state institutions, insurance companies and banks acting in the housing sector, which apply for such funds in order to adapt housing facilities intended to be leased out to disabled people or to families whose members include persons with disabilities in situations of gravity or with reduced or impaired motor skills.
  3. By the 31st of December each year, local associations, regional authorities, local health unities and municipalities shall provide the Residential Building Committee (Comitato per l’edilizia residenziale – CER) with all useful information for establishing the amount of the reserve of funds referred to in subparagraph r-bis) of paragraph 1, Article 3, Law 457/1978, August 5. (5)

(4) subparagraph r-bis) is amended by Article 2, paragraph 3 of Law 136/1999, April 30.

(5) In Article 14, paragraph 2 of Law 136/1999, April 30 the paragraph 2, 3 and 4 are deleted.

 

 

  1. Fiscal aid

 

  1. Medical expenses or expenses for specific care services needed in case of severe or permanent disability and impairments are deductible from the total income of the taxpayers who incurred the costs for themselves or for the persons specified in article 433 of the Civil Code. The deductions shall be applied to the total amount exceeding 5 or 10% of the declared total annual income, depending on whether it exceeds or not ITL 15 million. In order to receive the deductions, the applicants shall provide documents which indicate the person who incurred the expenses, the disabled person who received assistance and the domicile or the legal residence of the recipient. (6).

(6) Repealed by Article 2, of Legislative Decree No. 330 of 31 May 1994, converted by Article 1, paragraph 1 of Law 473/1994, July 27.

 

 

  1. Support measures

 

1.The working mother or father – including adoptive parents – of minors with disabilities in situations of gravity as described in Article 4, paragraph 1, are entitled to an extension of up to three years of the optional period of leave from work as stated in Article 7 of Law 30 December 1971 No. 1204, provided that the child is not hospitalized full-time in specialized centres.] (7 quinquies)

  1. The individuals referred to in paragraph 1 may be allowed by the employer a two-hour paid daily leave until the end of the third year of the child's life, as an alternative to the extension of up to three years of the optional period of leave from work.
  2. After the third year of life of the child, the working mother or the working father – including adoptive parents – of minors with disabilities in situations of gravity, as well as caregivers of disabled people in condition of gravity who are also direct relatives or relatives by marriage to the third degree or co-habitants are entitled to a three-day leave per month covered by social contributions, available on a continuous basis on the condition that the person with disabilities in condition of gravity is not hospitalized full-time. (7) (7bis) (7quater)
  3. With regard to the leaves referred to in paragraphs 2 and 3, which combine to those provided for in Article 7 of Law No. 1204 of 1971, the provisions of the last paragraph of Article 7 of Law No. 1204 of 1971, and of Article 7 and 8 of Law No. 903 of 9 December 1977 shall apply. (7quater)
  4. The working parent or family member, employed in the public or in the private labour market, who provides assistance to a disabled relative or to a disabled relative by marriage to the third degree, is entitled to choose – when possible – the workplace closest to his or her domicile and cannot be transferred without his or her consent. (7 bis) 7 (quarter)
  5. Adult persons with disabilities in condition of gravity may alternatively use the leaves referred to in paragraph 2 and 3. In addition, they are entitled to choose the workplace closest to their domicile and cannot be transferred without their consent. (7 bis) 7 (quarter).
  6. The provisions referred to in paragraph 1, 2, 3, 4 and 5 also apply to caregivers of disabled people in condition of gravity. (7ter) (7quater)

(7) Article 2 of Legislative Decree No. 324 of 27 August 1993, converted by Law No.423 of 27 October 1993, provided the interpretation of the phrase “are entitled to a three-day leave per month”.

(7 bis) Article 19 of Law No. 53, 8 March 2000, last amended paragraph 3, 5 and 6.

(7ter) With regard to the provisions of the present Article, see also Article 20 of Law No. 53 of 8 March 2000.

(7 quarter) With regard to the measure introduced by Law No. 53 of 8 March 2000, see also INPS (National Social Welfare Institution) Circular No. 133 of 17 July 2000.

(7quinquies) Paragraph 1 of Article 33 was deleted by Article 86 of Legislative Decree No. 151, 26 March 2001.

 

  1. Prostheses and technical aids

 

  1. Electronic devices and equipment as well as technical aids designed to assist people with physical or sensory disabilities shall be included in the new revised pricing nomenclature of prostheses referred to in paragraph 3, Article 26, Law No. 833, 23 December 1978, through a Decree issued by the Ministry of Health not later than six months after the entry into force of the this Law and after consulting the National Health Council.

 

  1. Hospitalization of minors with disabilities
  2. In the event of hospitalization of underage persons with disabilities in care centres, including public or private health centres, and whether it is reported the state of abandonment of the person, the provisions set forth in Law No. 184 of May 4 1983 apply.

 

  1. Strengthening of criminal penalties
  2. With regard to criminal offenses provided for in Articles 519, 520, 521, 522, 523, 527 and 628 of the Penal Code, and to intentional crimes against the person under Title XII of Book II of the Penal Code as well as to criminal acts referred to in Law No. 75 of 20 February 1958, the penalty is increased by a third and up to the half if the victim is a person with disabilities.
  3. In criminal proceedings for the crimes referred to in paragraph 1, the ombudsman, the organization of which the disabled person is a member as well as the family members of the disabled may apply to intervene in those proceedings as an injured civil party.

 

  1. Criminal cases involving people with disabilities
  2. The Minister of Justice, the Interior Minister and the Minister of Defence, acting within the scope of their respective competences, shall define by decree the form of protection of the disabled person, in relation to his or her therapeutic and communication needs, within safety premises, during legal proceedings and in preventive detention or in jails.

 

 

  1. Agreements
  2. In order to provide the services described in the present Law, municipalities, including municipal unions and associations, mountain communities and local health units , acting within the scope of their competences, shall use the facilities and services referred to in Article 26, Law No. 833 of 23 December 1978. They can also make use of the work of recognised and unrecognised associations, non-profit private care organizations and cooperatives – provided they offer adequate services, operational and organization efficiency and employ qualified staff – through the stipulation of specific agreements.
  3. Municipalities, including municipal unions and associations, as well as mountain communities may provide financial contributions to associations for people with disabilities whose work aim at creating non-profit co-operatives providing services or accommodation facilities or socio-rehabilitation centres, for the purposes described in paragraph 1, subparagraph h), i) and l) of Article 8. The contributions shall be issued after verifying the compliance of projects and initiatives to the needs of the guests, according to the terms set out in this Law.

 

  1. Duties of Regions

 

  1. Subject to resources availability, Regions may promote social, educational and rehabilitation actions in the framework of the National Health Plan referred to in Article 53 of Law No.833 of 23 December 1978, as amended, and in the context of the regional health, social, educational and cultural plans.
  2. Subject to available resources (8) and in consultation with the representatives of local authorities and the most relevant non-profit local private organizations, Regions shall undertake to:
  3. a) outline the organization of services, define the quality standards of the provided services and set the guidelines for the allocation of municipal supplementary fiscal support;
  4. b) define, by means of the programme agreements referred to in Article 27 of Law No. 142 of 8 June 1990, the procedures for coordination and integration of services and individualized services referred to in the present law, with other social, health, educational services, also in agreement with local administrative offices of public education, pre-school and school institutions and vocational training centres, including for the supply of equipment and the recruitment of operators or specialists needed for prevention, diagnosis and rehabilitation activities which may be carried out in these facilities;
  5. c) define, in collaboration with universities and research institutes, the programs and initiatives of requalification and updating of the staff employed in the activities described in this Law.
  6. d) promote, through agreements with the organizations referred to in Article 38, research activity on and experimentation of new technologies for learning and rehabilitation, as well as the production of educational and technical aids;
  7. e) define what actions shall be taken in relation to support activities and to activities promoting access to services;
  8. f) establish the procedures of regular evaluations assessing the compliance of social inclusion and integration measures set out in Article 5 to the needs of the assisted persons;
  9. g) regulate the procedures concerning the institution and operation of personal care services, by issuing a law not later than six months after the entry into force of this Legislation;
  10. h) conduct regular checks to verify that the benefits and fiscal aids referred to in Article 18, paragraph 6, are de facto used by the recipient companies for employment integration of people with disabilities;
  11. i) promote voluntary staff training programs, which will be implemented by voluntary associations;
  1. Draw up an annual analytical report on the costs of personal care services and of fiscal aids provided at local level, including aids granted by public or private bodies and associations, which shall communicate their annual financial statements to Regions, following the terms set out by the same regional authorities;

l-bis) outline actions of support to the person and the family as supplemental measures to the services provided by local authorities for severely disabled people as set forth in Article 3, paragraph 3. To this end, Regions shall supply individual, home care services, including 24-hours assistance, and ensure the provision of the services referred to in Article 9 as well as the institution of short-term or emergency hospitality services, in accordance with Articles 8, paragraph 1, subparagraph i) and 10, paragraph 1. Regions shall also grant the partial reimbursement of documented assistance expenses, inherent to agreed programs; (9)

l-ter) establish the terms for implementing programs to support the person, managed indirectly, which may include personalized programs for individuals who request them, with assessment of the services provided and their efficiency, in order to guarantee the right to independence to people with permanent disability and severe limitation of personal autonomy in the exercise of one or more essential life functions, that cannot be overcome by means of technical aids.

(8) – paragraph as amended by Article 1 of Law No. 162 of 21 May 1998.

(9) – subparagraph added by Article 1 of Law No. 162 of 21 May 1998.

 

 

  1. Duties of Municipalities
  2. Municipalities, including municipal unions and associations, mountain communities and local health units where regional laws confer them the jurisdiction, shall implement the social and health measures defined under this Law within the framework of regional rules, by means of the programme agreements referred to in Article 27 of Law 8 June 1990 No. 142, giving priority to reclassification, re-ordering and improvement of existing services.
  3. The municipal Regulations referred to in Article 4 of Law no. 142 of 1990 set the terms for the coordination of the actions referred to in paragraph 1 with the actions carried out by social, health, education and recreational local organizations. Such Regulations also define the procedures for the institution of secretariat services to manage the relations with the users, which will include decentralized services in accordance to the terms set out in the same Regulations.

 

 

  1. Duties of the Minister for Social Affairs and institution of the National Committee on Disability Policy
  2. The Minister for Social Affairs coordinates the activities of the government departments responsible for the achievement of the purposes of this Law, promotes support policies for people with disabilities and monitors the implementation of existing legislation.
  3. Draft Laws concerning people with disabilities shall be presented after consultation with the Minister for Social Affairs. The opinion of the Minister for Social Affairs is mandatory for the regulations and general rules adopted in this field.
  4. In order to fulfil the tasks listed in paragraph 1, the Presidency of the Council of Ministers shall establish the National Committee on Disability Policy.
  5. The Committee shall be composed of the Minister for Social Affairs, who chairs the Committee, the Ministers of Interior, Economy, Education, Health, Labour and Social Welfare, as well as by the Ministers for Institutional Reform and Regional Affairs and for European Affairs. Other Ministers may participate to committee meetings, whenever their presence is deemed useful in relation to the issues to be addressed.

5.The Committee shall meet at least three times a year, including one meeting before the submission to the Council of Ministers of the annual Finance Bill.

6.The Committee shall be assisted by:

  1. a) three councillors chosen from the regional councillors of the autonomous Provinces of Trento and Bolzano,

appointed by the Conference of Presidents of Regions and Autonomous Provinces in accordance with Article 4 of Legislative Decree 16 December 1989, No. 418; (10)

  1. b) three representatives of local authorities designated by the National Association of Italian Municipalities

(ANCI) and one representative of local authorities appointed by the Association of Local Self-Governments;

  1. c) five experts chosen from the members of the organizations and associations who meet the requirements set out in Articles 1 and 2 of Law 19 November 1987 No. 476, responsible for the promotion of activities for the protection and support of persons with disabilities and their families;
  2. d) three representatives of the most relevant union organizations.
  3. The Committee shall make use of the information systems of the Administrative Departments it represents.
  4. By the 15th of April each year, the Minister for Social Affairs shall submit a report on the implementation of disability policies and on the guidelines to be followed. To this end, government authorities, including those with autonomous status, regions and the autonomous provinces of Trento and Bolzano as well as local authorities shall communicate, not later than the 28th of February each year, to the Presidency of the Council of Ministers all data related to the actions implemented within their jurisdiction, governed by this Law. In the first year of application of this Regulation, the report shall be submitted by the 30th of October.
  5. The Committee, in the exercise of its functions, is supported by a standing committee composed of one representative from the Ministry of Interior, Finance, Economy, Education, Health, Labour and Social Welfare, University and Scientific and Technological Research, as well as of three representatives of the Presidency of the Council of Ministers, including one from the Department for Social Affairs, one from the Department of Regional Affairs, one from the Department of Public Administration. The commission is chaired by the head of the Office for the support of the family, the elderly, the disabled people and the marginalized, which is part of the Department for Social Affairs.

(10) The Constitutional Court, with judgment 21-29 of October 1992, No. 406 (Official Journal November 4, 1992) has declared Article 41, paragraph 6, unconstitutional in so far as, in subparagraph a), it states that the Committee "is supported by" rather than "is composed of".

 

Article 41-bis. National Conference on Disability Policy

The Ministry of Social Solidarity, after consulting the Joint Conference referred to in Article 8 of Legislative Decree No. 281, of 28 August 1997 shall promote informational and statistical surveys on disability and shall convene every three years a National conference on disability policies in which shall participate public, private and non-profit private entities, which shall present their work on the field of assistance and social integration of people with disabilities. The conclusions of the conference shall be communicate to the Italian Parliament in order to identify any necessary corrections to the present Legislation. (11)
(11) Article 1 of Law 21 May 1998, No. 162.

 

Article 41-ter. Experimental projects

  1. The Minister for Social Solidarity shall promote and coordinate experimental projects concerning the actions provided for in Articles 10, 23, 25 and 26 of this Law.
  2. The Minister for Social Solidarity, by decree and in agreement with the Joint Conference referred to in Article 8 of the Legislative Decree 28 August 1997, No. 281, shall define the criteria and procedures for the presentation and evaluation of the pilot projects referred to in paragraph 1 and the criteria for the distribution of the resources allocated for the funding of the projects referred to in this Article. (12)

(12) Article added by Article 1 of Law No. 162 of 21 May 1998.

 

 

  1. Financial Coverage
  2. The Presidency of the Council of Ministers – Department of Social Affairs shall establish the Fund for the integration of the measures of Regions and of the Autonomous Provinces for persons with disabilities.
  3. The Minister for Social Affairs, in consultation with the National Committee for Disability Policy provided for in Article 41, shall distribute the resources of the Fund to Regions and to the Autonomous Provinces of Trento and Bolzano, in proportion to the size of their population.
  4. After three years from the implementation of this Law, the criteria of proportionality under paragraph 2 may be integrated by additional criteria, approved by the Committee referred to in Article 41 and after consulting the Permanent Conference between the State, Regions and the Autonomous Provinces of Trento and Bolzano provided for in Article 12 of Law No.400 of 23 August 1988. The criteria shall apply to situations in which a high number of disabled people and highly specialized services is involved as well as to disadvantaged areas.
  5. The Regions and the Autonomous Provinces of Trento and Bolzano shall distribute the Funds to the bodies responsible for the provision of services, giving priority to initiatives in favour of severely disabled people and prevention.
  6. For the purposes of this Law, the number of the staff of schools of all levels and grades cannot be increased exceeding the limits of the resources available for the same purpose set in paragraph 6, subparagraph h).
  7. The expenditure of ITL 120 billion in 1992 and ITL 150 billion in 1993 has been authorized. Such amounts shall be distributed, every year, for the following purposes:
  8. a) ITL 2,3 billion for the integration of the Commissions defined under Article 4;
  9. b) ITL 1 billion for the funding of medical treatment abroad in the cases provided for in Article 11;
  10. c) ITL 4 billion for the improvement of educational services intended for hospitalized minors as set in Article 12;
  11. d) ITL 8 billion for school equipment as per Article 13, paragraph 1, subparagraph b);
  12. e) ITL 2 billion for university equipment according to Article 13, paragraph 1, subparagraph b);
  13. f) ITL 1,6 for the employment of interpreters intended for university deaf students as set out in Article 13, paragraph 1, subparagraph d);
  14. g) ITL 4 billion for the introduction of the experimental innovations defined under Article 13, paragraph 1, subparagraph e);
  15. h) ITL 19 billion in 1992 and ITL 38 billion in 1993 for the employment of special needs teachers in upper secondary schools as set out in Article 13, paragraph 4;
  16. i) ITL 4,538 billion for the training of teaching staff as set out in Article 14;
  17. l) ITL 2 billion to cover the operating costs of the working groups under Article 15;
  18. m) ITL 5 billion to the projects for promoting access to radio-television and telephone services as per Article 25;
  19. n) ITL 4 billion for the coverage of the subsidy amounting to 20% of the costs of adjustments of vehicles as set out in Article 27, paragraph 1;
  20. o) ITL 20 billion in 1992 and 1993, for the subsidies to working parents provided for in Article 33;
  21. p) ITL 50 million for the operating costs of the Committee and the Commission under Article 41;
  22. q) ITL 42,512 billion in 1992 and 53,512 billion in 1993 to the Fund for the integration of Actions of Regions and Autonomous Provinces for people with disabilities under paragraph 1 of this Article.
  23. The costs estimated as necessary for the application of this Law, amounting to ITL 120 billion in 1992 and ITL 150 billion in 1993, shall be covered by reducing the amount allocated – within the framework of the three-year budget planning 1992-1994 – under Chapter 6856 of the estimate of expenditure and by the Minister of Treasury for 1992, using for the purpose the provisions “Measures for people with disabilities”.
  24. The Ministry of Finance is entitled to issue, by decree, the necessary budgetary changes.

 

 

 

  1. Repeals

Article 230 of the Consolidated Law approved by Royal Decree No. 577, 5 February 1928; Article 415 of the regulations approved by Royal Decree No. 1297, 26 April 1928, and paragraphs 2 and 3 of Article 28 of Law No. 118, 30 March 1971, are hereby repealed.

 

  1. Entry into force

This Law shall enter into force the day following its publication in the Official Journal of the Italian Republic.