Scuole di ogni ordine e grado riaperte da domani in Calabria. Il Tar della Calabria, infatti, ha sospeso l’ordinanza emessa venerdì dal presidente facente funzioni della Regione Nino Spirlì che sospendeva la didattica in presenza in tutte le scuole (ad eccezione dei nidi nella fascia di età 0-3) con attivazione della Dad. Il Tar, che ha fissato l’udienza di merito per il 14 aprile, ha così accolto il ricorso presentato da un gruppo di genitori, docenti, presidi e associazioni di tutta la regione. Lo ha reso noto l’avv. Paolo Perrone che ha presentato il ricorso.
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“Vizio di carente autonoma istruttoria da parte della Regione”. E’ questa la motivazione con cui il Tar Calabria ha sospeso l’ordinanza, nelle sue due versioni, la prima generale e la seconda integrativa con l’inserimento delle scuole per l’infanzia. Nel dispositivo, in particolare, il giudice amministrativo ricorda che “la normativa statale contempla esclusivamente per le aree in zona rossa la sospensione delle attività scolastiche e didattiche delle scuole di ogni ordine e grado in presenza prevedendone esclusivamente la prosecuzione con modalità a distanza laddove la Calabria, nel quadro classificatorio 1 è collocata in zona gialla dal 29 gennaio”. Il Tar, inoltre, sottolinea che il verbale dell’Unità di crisi del 5 marzo 2021, che ha determinato la successiva adozione dell’ordinanza poi impugnata, “non sembra riportare un vero confronto collegiale sulle questioni inerenti la chiusura delle scuole, trattate dal presidente in apertura di seduta per indicarle quale ‘luogo di grande assembramento e di potenziale contagio’.
Non si rinviene nel verbale e comunque nei restanti capi di premessa dell’ordinanza impugnata – spiega ancora il giudice amministrativo – una specifica istruttoria volta a stabilire se, quali e quanti contagi abbiano in concreto interessato le scuole calabresi”. Il Tar Calabria, poi, sottolinea “così come evidenziato in ricorso, che il trend di aumento dei contagi in Calabria è al momento considerevolmente inferiore rispetto a quello nazionale, l’incremento di posti letto Covid e quelli di terapia intensiva occupati resta comunque sotto la soglia di allerta rispetto al rischio saturazione per quanto nello stesso atto impugnato dichiarato; il coefficiente del 9,1% di prevalenza delle varianti sul territorio regionale calabrese alla data del 18 febbraio 2021, richiamato nell’atto impugnato, e’ – su scala nazionale- il più basso in assoluto”.
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Pertanto, prosegue il Tar, risulta “sussistente il dedotto vizio di carente autonoma istruttoria da parte della Regione” e “sussistente il requisito del periculum, avuto riguardo al notevole numero di giorni di didattica in presenza sottratti – in un anno scolastico, finora provato da precedenti provvedimenti di chiusura delle scuole – al diritto all’istruzione finanche degli scolari più piccoli notoriamente meno attrezzati per una didattica a distanza e che comunque anche per i semiadolescenti e gli adolescenti costituisce in via generale una modalità di insegnamento meno efficace di quella in presenza anche sotto il profilo della socializzazione”. Già in un’altra occasione, a gennaio, il Tar aveva sospeso un’ordinanza regionale di chiusura delle scuole in Calabria.
Tratto da: Rainews
Fonte foto: scuolaricorsi.it
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