Decision of the Court of Cassation, United Sections, No. 25011 of 18 November 2014

Based on the applicable treaties and the relevant domestic legislation, the United Sections of the Supreme Court qualified as indirect discrimination the behaviour of school authorities that had made available support from specialised teachers to a disabled child only for few hours, in contradiction with an IEP (Individual Educational Program)already drafted; this made it impossible to the child to attend afternoon courses at the school as the other students. The sentence is important also because it affirmed the competence of the regular courts over the case: the principle asserted by the United Sections is that, once an IEP has been drafted, the disabled student has a subjective right to the IEP implementation vis-à-vis the school and not, merely, a legitimate interest, which could succumb as compared with other interests of the public administration, and invoked only before an administrative court.