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A pupil, despite being severely disabled, benefits from 18 hours a week and has a material assistant for 2 hours a week. The parents lost the case to the TAR to obtain full coverage of the support hours. From 3 February the teacher who follows him for 12 hours a week is absent and it is not known until when. The Dean provides that all support teachers must do substitute hours for the pupil even if they are busy with other disabled pupils. The question I ask myself is the following: can a support teacher leave his pupil to go to make up for a boy with a more serious disability? it is possible to challenge the circular in question since in this way the support hours are no longer guaranteed as established in the P.E.I. to the other guys?

The ministerial “Guidelines” of 4 August 2009 prohibit moving the teacher for support, who works with the pupil in the class to which he was assigned, by substituting to another class. The recent circular on substitutes requires the Headmaster to appoint a substitute “after the first day of absence of a teacher in charge of a curricular post or in charge of a support post”

A severely disabled person was being followed by me and a colleague who has been on maternity leave for more than 20 days. The school did not take steps to find an alternate and currently the person does not have 9 hours of support out of 18. After the withdrawal of another pupil with disabilities, the director has instructed the department contact to redistribute the staff hours and then cover the 18 hours, leaving other people uncovered who are entitled to support but see their service reduced without explanation.

The head of the department argues that we teachers have no possibility to do anything to improve the situation. Is this solution legal? What are the rights of the family? Is it a good idea that the person is followed by 3 or 4 different teachers?

The recent circular on substitutes reaffirms the principle that after the first day of absence, the head teacher must appoint an alternate. If, as in your case, support hours have been made available for the withdrawal of one or more pupils, these hours (and only these hours) can be assigned to the pupil, without affecting the hours already assigned to other attending students. Therefore, if there are still hours left for the pupil, the head teacher is obliged to appoint an alternate for these hours.