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312 – Italy’s Framework Law for the Assistance, Social Inclusion and the
Rights of Persons with Disabilities of 1992, Italy
Responsible body: Ministry of Education; implemented by education, health and social services
Country of implementation: Italy
Beneficiaries targeted: Every person with disability
SUMMARY
The Italian Framework Law for the Assistance, Social Inclusion and the Rights of Persons with Disabilities no. 104 of 1992
(“Law”) sets out principles of human rights, social integration and care, and deals with diagnosis and prevention,
treatment and rehabilitation, services and support, and social exclusion of persons with disabilities. In particular, the
Law provides that at all level of schooling (nursery and pre-school, primary, secondary schools, universities) appropriate
support, such as specialized teachers, educational aids, transport, material assistance, as well as specialized assistance
(e.g. sign language), has to be provided in mainstream schools, with the collaboration of all public competent bodies
and with the involvement of all those who have educational competences (teachers, assistants and families).
CONTEXT/P ROBLEMS TARGETED (WITH ADDITIONS FROM THE ZERO P ROJECT T EAM)
Before 1971, in Italy, children with disabilities remained generally excluded from the mainstream education system and
were educated, if so, at special schools. Thereafter, a major issue was that children with disabilities lacked appropriate
support in the mainstream education system.
Italy has an advanced regulatory framework regarding the inclusion of pupils with disabilities in mainstream classes
going back more than 25 years since the abolition of segregated classes in 1977 after a short trial period. The Law
118/1971 granted all children - regardless of any selective categorization (e.g. physical and intellectual impairments),
except for the most severe cases (which included the blind, the deaf, the severe intellectually disabled and those with
motor disabilities) - the right to be educated in mainstream classes in their neighbourhood schools, and delegated to
municipalities the responsibility for making school buildings accessible for everyone, according to national standards. In
less than ten years between 1971 and 1977, a period often referred to as ‘wild integration’, Italy closed all of its special
schools, institutions, and segregated classrooms. The Law 517/1977 set out the principle that all pupils with disabilities
from the age of 6 to 14 years should be included (imposing on all class teachers an obligation to prepare an educational
plan, supported by a specialized teacher for learning support, and ensuring that the State, local authorities and local
health units draw up an administrative and financial plan). Administrative relations among the different services had to
be governed by agreements. In the 1980s, the policy of inclusive education was also implemented in pre-schools (1982).
Shortly thereafter, the Italian Constitutional Court issued Decision 215 of 1987 that recognized the right of all students
with disabilities, including students with severe disabilities, to attend also upper secondary schools. It also required all
authorities involved (school administrations, local authorities, and health units) to implement services to support school
inclusion.