Pupils with disabilities: the Constitutional Court upholds Emilia-Romagna’s appeal regarding the LEPs

The Constitutional Court has upheld Emilia-Romagna’s appeal against a central government provision contained in the 2026 Budget Act concerning the definition and funding of Essential Levels of Service (LEP) for support with independence and communication for pupils with disabilities in schools. In the judgement, as emphasised by the President of Emilia-Romagna, Michele de Pascale, “a clear principle is affirmed, namely that essential levels of service cannot be identified without the prior involvement of regional and local authorities. It is not possible,” he specifies, “to shift the responsibility for ensuring fundamental rights onto the regions without guaranteeing the necessary conditions to do so”. Furthermore, he continues, “one cannot set ever-higher standards whilst, at the same time, reducing the resources allocated to implementing them. We hope that the government will grasp the significance of this ruling with a view to further developments in the legislation concerning the LEPs”, concluded de Pascale.