Regulatory References

The Civil Code affirms the obligation of spouses to support, educate, instruct, and provide moral assistance to their children, establishing the children’s right to be educated, instructed, and morally supported by their parents according to their own inclinations and characteristics.

Additionally, it recognizes their right to grow up within the family and to be heard on matters that concern them.

- Article 147: 

Marriage imposes on both spouses the obligation to support, instruct, educate, and provide moral assistance to their children, respecting their abilities, natural inclinations, and aspirations, as specified in Article 315-bis.

Article 315-bis / Rights and duties of the child: The child has the right to be supported, educated, instructed, and morally assisted by their parents, with respect for their abilities, natural inclinations, and aspirations. The child has the right to grow up within the family and to maintain meaningful relationships with relatives. A minor child who has reached the age of twelve, and even younger if capable of discernment, has the right to be heard in all matters and procedures that concern them.

Single Text of Education:

Article 111 establishes that home education is a legitimate and alternative means of fulfilling the educational obligation outside of school. It also reiterates the need for technical or financial capability and states that the decision to pursue home education must be communicated annually.

Article 111 – Methods for Fulfilling the Schooling Obligation:

The schooling obligation can be fulfilled by attending state elementary and middle schools, non-state schools authorized to issue state-recognized qualifications, or privately, according to the provisions of this unified text.

Parents or guardians who choose to provide private or direct education to a child subject to the schooling obligation must demonstrate their technical or financial capability to do so and must notify the relevant authority each year.

It specifies that the qualification exams and the middle school (terza media) exams are required either for re-entry into the school system or at the end of compulsory education. Additionally, it identifies the parties responsible for overseeing compliance with the compulsory education requirement.

Article 2, Paragraph 7:

Students subject to the compulsory education requirement who make use of the provisions in Article 111, Paragraph 2, of Legislative Decree No. 297 of April 16, 1994, are required to take the prescribed qualification exams or the middle school (licenza media) exams at one of the institutions specified in Paragraph 2, in accordance with current regulations, either to facilitate re-entry into the school system or upon completing compulsory education.

It reaffirms parental responsibility regarding the education and training of young people and identifies those responsible for overseeing compliance with compulsory education: the head of the local authority and the mayor.

Article 5 – Oversight of the Right Duty to Education and Sanctions:

Parents or guardians of minors, or those acting on their behalf in any capacity, are responsible for fulfilling the duty of education and training, which includes enrolling them in educational or training institutions.

Oversight of compliance with the duty of education and training, based on data provided by the student registries as per Article 3 and as outlined in this decree, is the responsibility of:

a) The municipality where young people subject to this duty reside;

b) The head of the educational institution or the manager of the training institution where the students are enrolled or have requested enrollment;

c) The provincial authorities, through employment services, in relation to their territorial functions;

d) Entities hiring young people under an apprenticeship contract as per Article 48 of Legislative Decree No. 276 of September 10, 2003, as well as the corporate tutor referred to in paragraph 4, letter f) of the same article, and authorities responsible for performing inspection duties related to social security and labor, as per Legislative Decree No. 124 of April 23, 2004.

In cases where the duty of education and training is not fulfilled, those responsible will face sanctions for non-compliance with compulsory schooling requirements, as stipulated by previous regulations.

The law confirms that home education requires an annual notification to be sent to the school principal of the local area of residence. For progression to the next grade, a qualification exam is required, while no declaration of the parents' technical or financial capabilities is necessary. Principles are established for the verification and assessment of learning, along with general rules for the final exams, including both the first cycle of education (terza media) and the high school graduation exam (maturità).

Art. 23 - Home Education

1. In the case of home education, the parents or legal guardians of the student are required to submit an annual prior notification to the school principal of the area of residence. These students must take a qualification exam each year for progression to the next grade as external candidates at a state or private school, until the completion of compulsory education.

In the first cycle of education, Legislative Decree 5/2021 introduces an educational project that families must submit for the exam, adhering to the objectives outlined in the National Guidelines. Exams are based on this project and may be taken at any state or schools called "pritarie" - not private schools. The regulations also cover qualification exams and specify accommodations for students with disabilities or specific learning disorders.

In the second cycle, the same regulations require a program that aligns with official curricula and governs all stages of the qualification exam. Additional details are provided on exam requirements and the fulfillment of compulsory education. The page also includes resources such as the National Curriculum Guidelines and Civic Education Guidelines.

Law 176/1991 incorporates the International Convention on the Rights of the Child into Italian law, making it an integral part of Italian legal principles.

Article 18:

[…] The responsibility to raise the child and ensure their development primarily falls upon the parents or, if applicable, their legal guardians, who must be guided by the child’s best interests as the primary consideration.

In order to ensure and promote the rights set out in this Convention, the States Parties provide appropriate assistance to parents and legal guardians in exercising their responsibilities to raise the child and establish institutions, agencies, and services tasked with safeguarding the child’s well-being.

The general regulations on primary education, based on Article 33 of the Constitution, emphasize the importance of informal and non-formal learning, highlighting that schools no longer hold a monopoly on learning and that a formal school setting is not always necessary to develop specific skills. These regulations acknowledge that learning is a long-term process, spanning the entire five years of primary school and the three years of lower secondary school. Drawing on the key competencies outlined in the Recommendations of the Council of the European Union, they set goals and milestones only at the end of the third and fifth years of primary school and the third year of lower secondary school. These principles serve as the foundation for the educational project, including qualification exams and the middle school (terza media) exam.

The general regulations for upper secondary education, based on Article 33 of the Constitution and the Student Profile, provide the framework for study program planning. These regulations are based on the key competencies outlined in the Recommendations of the Council of the European Union and, in line with these, set objectives and milestones to be reached at the end of each two-year cycle and at the end of the fifth year, rather than for each individual school year.

- DPR No. 87/2010 (Attachments): Guidelines for professional institutes  

- DPR No. 88/2010 (Attachments): Guidelines for technical institutes  

- DPR No. 89/2010 (Attachments): National guidelines for high schools

Declaration of Home Education: A Formal Requirement for Families Choosing Alternative Educational Paths

The declaration of home education represents a fundamental formal step for families opting to educate their children outside the traditional school system, in accordance with Article 23 of Legislative Decree 62/2017. 

The recent ministerial circular provides operational guidelines on timelines, submission methods, and required documentation for the 2025–2026 school year, clarifying the obligations and rights of parents who choose this alternative educational path.

 1. Legal Provisions

Home education is recognized as an alternative to enrolling in a school, whether public or private. While school enrollment is conducted online between January 8 and January 31, 2025, home education requires a formal declaration certifying the intention to pursue a family-based educational program.

This communication must be submitted to the school principal of the local area of residence before the deadline of January 31, 2025. For families opting for home education later, such as during the school year, the declaration must be submitted at the start of the alternative educational path.

The declaration confirms that parents possess the technical or financial capabilities to provide for their child’s education. This document ensures the education provided is adequate but must not become a source of discrimination or an obstacle.

Ministerial Note Excerpt:  

"Based on this declaration, the head of the educational institution acknowledges that the obligation of education is being fulfilled through home education. The parents or legal guardians are informed that if they wish to continue with home education, they must submit this preliminary communication annually by the online enrollment deadline, along with a draft of the educational project to be followed during the academic year."

2. Timelines and Submission Methods

Timelines

Unlike school enrollment, which follows a specific timeframe (January 8–31), the home education declaration has a single submission deadline of January 31. Parents may send their declaration even before January 2025 to ensure adequate preparation.

Submission Methods

The declaration must be submitted in paper format using one of the following methods:  

- Registered Mail with Acknowledgment of Receipt to ensure traceability.  

- Hand Delivery to the competent school, with mandatory protocol registration.  

- Certified Email (PEC) as a secure digital alternative.

It is advisable to verify that the protocol registration has been completed to ensure the school has received the communication. This process updates the National Student Registry with the family’s chosen educational approach.

 3. Recipients of the Declaration

The document should be addressed to the school principal based on the child’s educational level:  

- Primary School: Principal of the territorial institution of residence.  

- Lower Secondary School: Principal of the middle school in the corresponding area of residence.  

- Upper Secondary School: Principal of the institution offering the desired course of study in the local area.  

For comprehensive schools, the communication should be addressed to the head of the entire complex.

4. Required Documentation

Draft Educational Project

The circular requires the submission of a draft educational project, even for the first two years of upper secondary education. While this request is not explicitly mandated by Legislative Decree 62/2017, it is a ministerial guideline that many families follow to avoid administrative disputes. It is important to emphasize that submitting the draft project remains the family’s choice, as each school-family relationship is unique.

 5. Responsibilities and Obligations of the School

The recipient school must:

1. Acknowledge the family’s choice without disputing it, except in cases of proven contrary evidence.  

2. Promptly update the National Student Registry, recording the choice of home education and later, the outcomes of suitability exams (pass/fail).  

Regulatory Reference: 

"The school principal receiving a communication of home education or enrollment in non-accredited schools must promptly record these methods of fulfilling the educational obligation in the National Student Registry (SIDI system). It is the responsibility of state and accredited schools where suitability exams are conducted to update the registry with the exam outcomes, enabling appropriate oversight."

Note on Exams Conducted at a School Other than the Monitoring School  

The circular clarifies that the school administering the exam is responsible for updating the National Student Registry with the exam outcome without delay. Monitoring schools cannot directly request this information from families, even though they often do. It is up to each family to decide whether to share exam results with the monitoring school.

Ministerial Note Excerpt:  

"It is mandatory for students in home education to take the annual suitability exam by June 30, as per Article 23 of Legislative Decree 62/2017 and Article 3, paragraph 3, of Ministerial Decree 5 of February 8, 2021. Applications for the suitability exam must be submitted to the chosen schools by April 30 of the reference year, as specified in Article 3, paragraph 1, of Ministerial Decree 5."

Note on Unjustified Requests from Schools  

Occasionally, school principals request information exceeding legal requirements, such as income tax returns, ISEE forms, parents’ educational qualifications, or tutor certifications. These requests lack regulatory support. The ministerial note reminds that information such as parents’ educational qualifications and professions is classified as excessive and irrelevant to the enrollment process.

 6. Final Considerations

Home education is a legitimate and valuable educational choice that requires awareness, responsibility, and a thorough understanding of regulations and procedures. Being part of the EDUpar.it network offers essential support, allowing families to access up-to-date resources, share experiences with others, and receive information on the latest regulatory developments.

Proper management of the declaration process ensures the exercise of the right to educational autonomy, prevents administrative conflicts, and guarantees compliance with legal provisions. Staying informed through reliable channels like Libera Schola enables families to navigate this process confidently, ensuring a smooth transition recognized by educational institutions and enriched by collaboration within a qualified support network.