School, Freedom of
Freedom of schooling is a natural consequence of the freedom of teaching (v. TEACHING, FREEDOM OF) and pertains to the organization of schools managed by private individuals and other entities that are not the State or para-statal bodies.
While the State has the right to inspire and oversee schools of every kind, in turn individual and private initiative has the right to explore all avenues that may lead to the best formation and education of the human person. This is most evident in the so-called paternal school, which is realized within the family, where the State may intervene only to verify that education is not neglected, and without burdening the State.
The law, in establishing the rights and duties of non-state schools that seek parity, must ensure them full freedom and to their pupils a school treatment equivalent to that of pupils in state schools.
A state examination is prescribed for admission to the various orders and levels of schooling or for their completion and for professional qualification.
Institutions of higher learning, universities, and academies have the right to establish autonomous regulations within the limits set by state laws.
Art. 34: "Schooling is open to all. Lower instruction, imparted for at least eight years, is compulsory and free.
The capable and deserving, even if lacking means, have the right to reach the highest levels of study.
The Republic makes this right effective through scholarships, family allowances, and other provisions, which must be awarded by competition."
These principles, however, do not fully correspond to the right of full freedom in schooling (cf. the absolute denial of state subsidies) and moreover are difficult to apply, as they appear revolutionary to a mentality still widely prevalent, particularly in official circles, which accords state schooling a privileged position and barely tolerates other schools. These are summarily judged as merely meant to accommodate the rejects of state schools. This is not factually true of many of them and is also evidence of a misunderstanding of the religious institution of schooling in Italian public institutions, Rome 1938. Cf. also the entry TEACHING, FREEDOM OF. Giuseppe Bozzetti