Failure valid even without PdP, class council decides

The Lazio Regional Administrative Court (Judgement 7046/2026) clarified that a student's rejection can be confirmed even in the presence of objections relating to school support courses, when the class council has justified the final judgement in a coherent and detailed manner.

The decision concerns the case of a student from a technical institute in Rome who was not admitted to the next class at the end of the 2021/2022 school year. The family had challenged the decision, claiming that the school had not adequately considered the boy's health conditions, learning difficulties and the request to activate compensatory tools and distance learning. The appeal also contested errors in the evaluation of grades, an insufficient number of tests, the failure to organise remedial courses and alleged irregularities in the composition of the class council during the final examination.

The administrative judges, however, rejected the appeal in its entirety, stating that school evaluations fall within the technical discretion of teachers and can only be annulled in the presence of obvious errors, manifest illogicality or misrepresentation of facts. The Regional Administrative Court emphasised that the judge cannot replace teachers in their teaching choices and assessments of the level of preparation achieved by the student. The ruling also states that the failure to implement a customised teaching plan does not automatically result in the illegitimacy of the rejection.

According to the board, it is also up to the family to report any difficulties in good time and to request the tools provided by the regulations. The complaints on remedial courses were also rejected. According to the Regional Administrative Court, any organisational shortcomings of the institute do not affect the validity of the final decision if the student's profit is in any case insufficient.