Grades and failures

It bears repeating, as this will be the coming of age of artificial intelligence, which students have learnt to use throughout the school year. Giving in to the temptation to carry mobile phones and electronic devices could therefore cost dearly in all respects. But at the centre of the court challenges are above all the results of the final tests: from grades to failures, which are considered unfair.

In Ancona, for example, a student appealed to the Tar against his rejection because he did not attend the oral exam for health reasons. The test had been postponed for a few days but the student had failed it. The boy's parents had complained about the 'hurriedness' of the examination and the postponement being too close together. Both pleas were rejected by the court, which also did not uphold the complaints that the grade had only been expressed numerically, without further explanation.

According to constant case law, in fact, the numerical mark, also with regard to the baccalaureate exam, expresses and summarises the technical discretionary judgement of the board itself, containing in itself its own motivation, without the need for further explanation and clarification (Tar Ancona, judgement 381 of 19 April 2024).

On the other hand, reasons must be given for not awarding honours to a student with an excellent and constant performance throughout the entire course of studies. This was clarified a year ago by the Tar Campania with ruling 1176 of 19 February 2024. After all, Legislative Decree 62/2017 expressly provides for it and, according to case law, it is correlated to the school's educational mission as well as to the function of the baccalaureate, which must enhance paths of excellence.