The protection of the educational path

Separation or divorce introduce new complexities into parents' lives, but when it comes to protecting the educational path of a child with Specific Learning Disorders (SLD) or Special Educational Needs (SEN), the challenges multiply. Crucial decisions such as drafting the Personalized Didactic Plan (PDP) or the Individualized Educational Plan (IEP) require agreement and a common vision that may be lacking in conflict. As a family lawyer in Milan, lawyer Marco Bianucci deals with these dynamics daily, aware of the delicacy of the situation and the need to ensure the minor the utmost stability and the right educational support.

Shared Custody and Educational Decisions: What the Law Provides

In Italy, the cornerstone principle is that of shared custody, according to which both parents retain parental responsibility. This means that decisions of 'major interest' for children, such as those relating to education, upbringing, and health, must be made by mutual agreement. The choice of school, the sharing of a PDP or IEP, and the authorization for extracurricular support pathways fall fully into this category. Disagreement on these points not only creates a deadlock harmful to the child but can also be grounds for recourse to the judge, who will intervene to resolve the dispute with the preeminent interest of the minor as the sole guiding light.

The difference between IEP and PDP in the legal context

It is fundamental to understand the nature of these instruments. The Individualized Educational Plan (IEP) is drawn up for students with certified disabilities (pursuant to Law 104/92) and defines a tailored educational path. The Personalized Didactic Plan (PDP), on the other hand, is provided for students with certified SLDs and sometimes for other SENs, and identifies the compensatory tools and dispensatory measures necessary. Both documents require the signature and approval of both parents, as they significantly impact the child's educational and personal future. The opposition or lack of cooperation from one parent can block the activation of these essential supports.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, a lawyer with consolidated experience in family law in Milan, focuses primarily on seeking an agreed solution. The path of mediation is always the first option, as it allows parents to reach a constructive agreement, avoiding the delays and tensions of judicial proceedings. The goal is to develop a clear and detailed parental protocol that specifically governs the educational management of the minor with SLD or SEN, defining the methods of communication with the school, participation in meetings, and procedures for approving didactic plans. Should dialogue prove impossible, the firm provides the necessary legal assistance to appeal to the Court, submitting a reasoned request for the judge to make the most appropriate decision for the child's well-being.

Frequently Asked Questions

What happens if a parent does not sign the IEP or PDP?

If a parent refuses to sign the IEP or PDP without valid reasons, the other parent can turn to the Court. The judge, after hearing the parties and evaluating the specialist documentation, may authorize the consenting parent to proceed with the signature or, in more serious cases of obstruction, may even modify the custody conditions, granting the more collaborative parent the power to decide independently on educational matters.

Who participates in meetings with teachers in case of separated parents?

Both parents have the right and duty to participate in meetings with teachers, even if they are not the primary caregivers of the minor. The school is obliged to communicate with both and to ensure they have access to information regarding the child's school progress. Behavior that excludes the other parent is contrary to the principle of co-parenting.

Is it possible to modify the separation conditions for the child's educational management?

Yes, if irreconcilable disagreements arise regarding educational management that harm the minor, it is possible to request a modification of the separation or divorce conditions from the Court. It is possible to request, for example, that decisions in the educational sphere be made exclusively by one of the two parents, demonstrating that such a solution is in the child's best interest.

Request a Legal Consultation in Milan

Managing a child's educational path with special educational needs requires expertise, dialogue, and a clear strategy. If you are facing disagreements with the other parent regarding the IEP, PDP, or other crucial educational choices for your child, it is essential to act promptly. For an assessment of your situation, contact the Bianucci Law Firm located in Milan at via Alberto da Giussano, 26. Lawyer Marco Bianucci, as an expert in family law, can provide you with the necessary assistance to protect your child's rights and future.