The promotion goes ahead even though the family were against it

The Council of State (judgement no. 6071/2026) has clarified that a family may take a case to court to challenge not a failure but a promotion. This is the paradox of the case: the school had promoted a pupil with a disability, but a parent was seeking the opposite. The panel at Palazzo Spada ruled in favour of the school: the pupil should be promoted.

In this particular case, the class council had unanimously decided to promote the pupil to the next year group. However, one parent believed that repeating the year would be more in line with the pupil’s educational needs. The dispute was brought before the courts and, at first instance, the school’s decision was overturned.

In the subsequent ruling, however, the Council of State emphasised the factors on which the teachers’ decision had been based: a thorough preliminary investigation and a rationale linked to the progression of the pupil’s educational and training pathway. The key issue is not only how the decision was reached, but also what happened afterwards. Once placed in the next year group, the pupil continued their schooling successfully and was also promoted the following year. This tangible outcome, according to the judges, confirmed the validity of the initial decision.

The ruling reminds us that educational autonomy does not mean that the school can make decisions without explaining its reasons; rather, it must assess the pupil’s progress, justify its choice and determine which solution best meets the pupil’s needs.